Wildlines Archives
Volume II, Number 10
March 10, 2003
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
 
NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
 
 
 
Cleaning-Up Brownfields
Clean Energy to Fuel Business, Economic Growth, Says Study
EPA Plans to Relax Toxic Emission Standards
 
Uncertain Days for Connecticut Clean Energy Fund
Environmental Lawsuits Could Cost Alaska Litigants
California Auto Standards Bill Gets a Green Light in New Jersey
New Jersey Adjusts Anti-Sprawl Map, Strategy
Nevada Lawsuit Pits Risks and Roads
Massachusetts May Create a National Forest
California Report Widens Blame in Energy Plot
Drought in West May Last Decades
West Virginia Air Quality Inspections Are Down 30 Percent
Government Finds 10 Times Greater Cancer Risk for Children
Michigan Study Finds Greater Need for "Fix It First"
Cleaning-Up Brownfields
Experts estimate that this Nation has more than 450,000 brownfields – vacant or underused industrial sites with environmental contamination caused by chemical compounds and other hazardous substances. When brownfields sit idle, everybody loses. Neighbors face environmental worries and reduced property values. Cities see roads, sewers, and other infrastructure underused. New businesses seek out "greenfields" or undeveloped land, encouraging sprawl. And brownfield owners must deal with a long list of worries – from potential lawsuits to deriving too little income from their property. When owners or developers clean up brownfields and put them to new uses, many people benefit. Clean-ups address environmental problems, bring new jobs and higher tax revenues. Revitalized brownfields can breathe new life into neighborhoods. To learn more what can be done to clean up brownfields in your state, visit: http://www.serconline.org/brownfields/index.html.
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Clean Energy to Fuel Business, Economic Growth, Says Study (GreenBiz.com 2/20/3)
Solar energy, renewable power, and fuel cells will expand from a $9.5 billion market today to $89 billion by 2012, according to a new report. The report, by Clean Edge, an Oakland, Calif. research firm, also cited five trends it believe will influence the growth and development of energy markets in the coming years. The report also outlines clean-energy investment trends and issues clean-energy revenue projections for 2002 - 2012. According to Clean Edge research, solar photovoltaics (including modules, system components, and installation) will grow from a $3.5 billion global industry in 2002 to more than $27.5 billion by 2012. Wind power will expand from $5.5 billion in 2002 to approximately $49 billion in 2012. And fuel cells for mobile, stationary, and portable applications will grow from $500 million to $12.5 billion over the next decade. The report also finds that corporate, public, and private-equity investments in clean energy are faring relatively well in the current economic downturn. "A number of factors including state-based renewable portfolio standards, increased corporate activity, and continued venture capital investments are demonstrating the strength of the clean-energy sector," says Ron Pernick, co-founder of Clean Edge. Clean energy technologies – including solar PV, wind power, biomass, and fuel cells – offer significant and tangible economic, environmental, and social benefits, according to Clean Edge. These technologies offer solutions to such pressing issues as energy dependence, security issues, resource scarcity, and climate change while creating economic opportunities for entrepreneurs, policymakers, and investors. The free report may be downloaded at http://www.cleanedge.com.
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EPA Plans to Relax Toxic Emission Standards (LA Times 2/11/3)
The Bush administration is proposing to relax measures that curb toxic emissions from a variety of industries, including pulp mills, auto factories, petrochemical plants and steel mills. Under a new set of rules drafted by the U.S.EPA, the businesses could opt out of the current requirement to reduce toxic fumes from their plants to the maximum extent possible. In some instances, those controls can eliminate virtually all emissions harmful to people's health, but businesses contend they cost too much and provide little health benefit. The emissions at issue are hazardous because they can lead to cancer or damage the brain or a developing fetus. Under the new rules, the EPA would allow businesses to study and report on their own emissions and apply less rigorous controls. But opponents say that approach would allow toxic releases to continue and would be at odds with the Clean Air Act. Outside California, which has its own rules, many states rely on the EPA to set limits for hazardous air pollutants. "What is really going on here is rollbacks in environmental law, either in the form of no enforcement or misinterpretation of the statute," said Rena Steinzor, director of the University of Maryland's Environmental Law Clinic. "It is going on so far below the water line of the public's attention that they are happening in a fast, furious manner. It's designed to make sure we never regulate anything. It's an end run."
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Uncertain Days for Connecticut Clean Energy Fund (SolarAccess.com 3/10/3)
Connecticut's Clean Energy Fund has joined the growing list of Renewable Energy public benefits funds in danger of being raided to help alleviate hemorrhaging state budget deficits. Gov. John Rowland's recent budget proposal for 2004 - 2005 called for revenue transfers that could entirely eliminate that state's Clean Energy Fund (CEF). Critics contend this would deal a severe blow the state's Renewable Energy industry, reversing progress toward a more sustainable, cleaner environment. As with similar funds across the US, the CEF's main purpose is to decrease Connecticut's reliance on fossil fuels and to promote a cleaner environment. The fund grants monies to businesses to develop cutting-edge clean energy sources such as solar, wind and fuel cells. In addition to the cuts from the CEF, the proposal also calls for the entire US$84 million per year expected to come into the Energy Conservation and Load Management Fund (ECLM) to be deposited into the state's general fund. The ECLM likewise generates money through a surcharge on consumer and business utility bills and reinvests the money through grants to individuals and businesses aimed at helping them become more energy efficient. "It's a short-sighted plan driven by desperation, but at the same time it cripples the industry for years to come," said Joel Gordes, a consultant with Environmental Energy Solutions, a company that helps businesses and individuals cut energy costs through efficiency improvements. "This is where the future is built. They call Connecticut the fuel cell state but without that sort of an investment toward the future, the revenues will be seriously affected."
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Environmental Lawsuits Could Cost Alaska Litigants (Anchorage Daily News 3/4/03)
Environmental groups who unsuccessfully sue the state could be forced to pay attorney fees under a measure proposed by Gov. Murkowski. Two bills proposing changes in the state's public interest litigant rules – HB 145 and SB 97 – were introduced in the Legislature by request of the governor. They would change court rules that allow public interest litigant groups to recoup attorney fees when they successfully challenge the state in court. Such groups aren't liable for attorney fees when they lose. But Murkowski proposes changing court rules in cases that challenge some decisions made by the state Dept. of Environmental Conservation, Dept. of Natural Resources and Dept. of Fish and Game. If the changes are approved by the Legislature, such groups would be liable for a percentage of attorney fees accrued by the state should they lose their case.
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California Auto Standards Bill Gets a Green Light in New Jersey (Trenton Times 3/4/03)
A bill requiring New Jersey cars to meet California emissions standards proceeded out of an Assembly committee, and is also headed out of the Environment Committee of the Senate, where is has been stalled for months. The bill would require automakers to sell many more technologically advanced low emission vehicles than federal laws currently require. This would result in a reduction of 2.7 - 10.8 tons of emissions of volatile organic compounds per day by 2025. New York and Massachusetts have also adopted California auto standards despite auto industry protests.
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New Jersey Adjusts Anti-Sprawl Map, Strategy (The Philadelphia Inquirer 3/3/3)
Weeks after talking tough about stopping sprawl, the McGreevey administration is fine-tuning its plan. The state Dept. of Environmental Protection (DEP) issued a report that shows more room for development than January's version. The administration defends its stance, presenting a series of bills that would give towns the power to fight sprawl, rather than one big bill that could be defeated en route. While this is the most dramatic of McGreevey's proposals, many supporters of anti-sprawl legislation doubt this type of bill could pass, based on past trends. In the mid-1990s, for example, bills were proposed that would make developers pay for municipal services. But even with the vocal support of Governor, these bills died; powerful construction lobbies were to blame. Still, McGreevey's press secretary expects to see legislative movement on sprawl, pointing to public support of the governor's goals to curb sprawl.
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Nevada Lawsuit Pits Risks and Roads (USA Today 3/3/3)
With the six-lane U.S. 95, the most congested road in the nation's fastest growing urban area, over-capacity, Nevada policymakers support a plan to widen the highway to 10 lanes. Opposing the project are citizens and health experts worried about pollution from the more than 300,000 vehicles a day that travel on 95. They cite studies linking higher levels of foul air along busy urban highways to heightened cancer risks among people who live and work nearby. Urban highway "hot spots" such as 95 are battlegrounds in many cities, but here the issue has come to a head. The Sierra Club sued in January to stop the project. It says the federal government failed to consider health consequences and alternatives to highway construction as required by law. Highway projects have been challenged before on environmental and health grounds, but this is the first such lawsuit based on scientific research into traffic-generated pollution. At the lawsuit's core is whether high concentrations of auto emissions such as benzene and butadiene, which are known carcinogens, raise health risks. A Denver study in 2000 found that children living within 250 yards of highways used daily by more than 20,000 vehicles were eight times more likely to get leukemia. A study the same year in Los Angeles showed that vehicles accounted for 90 percent of the cancer risk from air pollution, and that the highest risk was in congested, heavily populated urban zones. A study in suburban Buffalo last year found that children living in neighborhoods close to heavy truck traffic had increased asthma risks. The judge could stop work on the project and order the highway agency to reassess health risks. He could order it to consider alternatives to widening, such as mass transit, as required under the National Environmental Policy Act.
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Massachusetts May Create a National Forest (Boston Globe, 3/3/3)
The Romney administration is considering plans to create a national forest over much of northwestern Massachusetts, a move that would open up privately held woods to the public for recreation and bring in federal money to help protect and manage the rolling Berkshire Hills landscape. The proposal, which is still in its earliest planning stages, would give the state its first national forest. A national forest generally involves fewer restrictions on land use than a national park, leaving room for possibilities such as selective timbering and an array of privately financed recreational activities alongside broad preservation of the woods. The US Forest Service annually can give out as much as $800 million from the Land and Water Conservation Fund for the creation and upkeep of forests. Established in the 1960s, the fund diverts money collected from fees ranging from offshore leases to ski area royalties, and funnels them back into the forest expansion and care. However, town officials fear that they would lose money on the deal since federal land is not subject to local taxes. Instead, the federal government makes a payment of $2.20 an acre in lieu of taxes, a fraction of the return on property taxes in the Berkshires.
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California Report Widens Blame in Energy Plot (LA Times 3/3/3)
New evidence submitted by California officials to federal regulators last week show that more than a dozen public utilities and energy generators, including the Los Angeles Department of Water and Power, Sempra Energy, Mirant Corp. and Duke Energy Corp., participated in schemes to push up prices during the California energy crisis. The details are part of a sealed, 1,000-page filing that is intended to show that the exploitation of California's deregulated energy market in 2000 and 2001 was far more pervasive than has been proved to date and involved more participants than the few that have previously been named. The filing was submitted to the Federal Energy Regulatory Commission (FERC) by a coalition of state government agencies and the state's two largest electric utilities, Southern California Edison and Pacific Gas & Electric. The coalition wants federal regulators to order $9 billion in refunds for overcharges during the energy crisis. "The massive cover-up by generators is unraveling," Gov. Gray Davis said in a statement. "This evidence should force FERC to recognize, at long last, just how egregiously and extensively California was plundered, defrauded and ripped off by the energy pirates," said Atty. Gen. Bill Lockyer, whose office coordinated the investigation. "FERC can no longer avoid providing California the long-overdue justice it deserves." The accused utilities have denied the charges.
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Drought in West May Last Decades (Arizona Daily Star 3/3/3)
The drought gripping the western U.S. might not end for decades, a University of Arizona researcher says. Data from tree rings and Pacific and Atlantic ocean temperatures indicate that the Great Plains, the Rockies and the Southwest may be in the midst of one of several episodic droughts that have occurred for at least 750 years. "Climate does not behave cyclically at one site, or a network of sites, but there is a tendency to have prolonged wet periods and prolonged dry periods," said Julio Betancourt, a U.S. Geological Survey scientist and UA professor. The 1950s experienced a "megadrought," or a drought that lasts for several years to several decades over a large part of the continent. The '50s drought lasted about two decades. "There shouldn't be any reasons for optimism, and there should be a few reasons for pessimism," Betancourt said. The researchers said that it would be wise for water resource managers to plan for this magnitude of drought. "We should always be thinking and planning for drought. Anytime we're making decisions in terms of development, we should make those decisions in light of the possibility of these severe droughts in western areas," doctoral student Steve Gray at the University of Wyoming said. For more on how your state can combat drought, see http://www.serconline.org/waterconservation/pkg_frameset.html.
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West Virginia Air Quality Inspections Are Down 30 Percent (Dominion Post 3/3/3)
West Virginia inspections to detect air pollution at industrial facilities have dropped off by a third since 2000, according to an audit report. The state Department of Environmental Protection conducted nearly 900 air quality inspections three years ago. But last year, only 627 inspections were conducted, according to the report. Acting DEP Secretary Stephanie Timmermeyer said one explanation for the decrease is a change in federal policy that encourages more detailed inspections. But despite a number of possible causes, Timmermeyer and her staff said they could not provide a conclusive explanation for the change in numbers.
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Government Finds 10 Times Greater Cancer Risk for Children (ENN 3/4/3)
Babies and toddlers have a 10 times greater cancer risk than adults when exposed to certain gene-damaging chemicals, the government said Monday, in proposing tougher environmental guidelines that would take into account the greater hazards to the very young. If its guidelines are made final, the Environmental Protection Agency would for the first time require that the substantially greater risk to children be weighed in the development of regulations covering a variety of pollutants. While scientists have long known that very young children are more vulnerable than adults to gene-harming chemicals, this is the first time the EPA has formally proposed calculating the difference in assessing the danger from some pesticides and other chemicals. The guidance on cancer and children, which must still be reviewed by EPA's panel of science advisers and has to be subjected to a lengthy process before becoming final, is part of a broader reassessment of how the EPA evaluates cancer risk.
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Michigan Study Finds Greater Need for "Fix It First" (Great Lakes Bulletin News 2/20/3)
Despite the billions of dollars that the Michigan Department of Transportation has spent to repair its ragged road system, the state's highways have scarcely improved since the current rebuilding program began in 1997, according to an analysis of state records by the Michigan Land Use Institute. As a result, Michigan's road conditions continue to rank among the worst in the nation. The Institute's study, based on MDOT's internal road repair data, found that the state allowed some roads to decay prematurely while it poured money into patching old ones that instead needed complete reconstruction. The investigation also found that this maintenance approach actually drove up costs and that the transportation department spent a much smaller percentage of its budget on repairs than it claimed. For more information on "fix it first" legislation, see http://www.serconline.org/trafficcongestionrelief/index.html.
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For more information about SERC, or to use our services, contact our national headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]