Wildlines Archives
Volume II, Number 17
April 28, 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:
 
 
 
 
 
 
 
Freedom of Information Act
Nevada Assembly Approves Building Energy Savings 
ALEC's Electronic Government Services Act
 
Tougher Greenhouse Gas Limits Urged in NY
Defenders of Wildlife Issues Transportation Report
Michigan Bill Aims to Protect Even Tiny Wetlands
Bill to Limit Mercury Bound for Governor in Oregon
Invasive Species Harming West Virginia's Economy
Wisconsin May Revise Rules for Clean Air
Midwest Megafarms Making Enemies
Freedom of Information Act
The Supreme Court has held that "The basic purpose of Freedom of Information Act (FOIA) is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed." Unfortunately, many states' open records laws do not provide adequate access to government records vital to keep citizens informed. According to surveys, many states fall very short of compliance. A recent study in Connecticut showed that only 10 of 68 agencies followed the law when asked to produce documents. There a few states that allow for wide-ranging access to records and documents. This type of access is necessary to keep the public informed about environmental programs and polluter information. For more information on how your state can enact an effective FOIA, visit http://www.serconline.org/FOIA/background.html.
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Nevada Assembly Approves Building Energy Savings (Nevada Appeal 4/23/03)
AB398, unanimously approved by the Nevada Assembly, allows local governments to contract industry to improve energy efficiency in public buildings. The contracts, known as "performance contracts," allow public buildings to have equipment installed or to have sections of government buildings improved to increase the overall energy efficiency. Rep. Geddes, who sponsored the bill, said the upgrades would be paid through the savings received through lower energy bills. The legislation is designed to encourage creative methods to save energy and reduce the operating costs that can burden local governments. For more information on how your state can save energy, visit http://www.serconline.org/cleanenergy.html.
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ALEC's Electronic Government Services Act
A new ALEC bill, the Electronic Government Services Act, has shown up in eleven states, and is close to passage in Ohio, where it has been included in a budget bill. This bill would, among other things, prohibit states from duplicating electronic information services offered by two or more private companies. This would include information that is currently available for free on government websites, even if the private companies charge for the same information. The types of information affected could range from details about a state park or festival (do you really want to have to pay a travel agent to book you a camping site?) to environmental regulations, emissions data, toxic release inventories, court opinions, and many other important public records. Simply put, public records should be publicly available to everyone. States should not be restricted from posting their own records and information on their own websites. Consistent with their pro-corporate ideology, ALEC is promoting this bill, which would effectively increase the "privatization" of public information and restrict access. Watch out for this Trojan Horse bill in your state.
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Tougher Greenhouse Gas Limits Urged in NY (Times Union 4/24/03)
A task force established by Gov. Pataki in 2001 will recommend stiff cuts in greenhouse gas emissions, according to task force members. If Gov. Pataki adopts the recommendations, New York will have the toughest limits in the nation. The report will call for a 25 percent reduction in greenhouse gasses below 1990 levels within ten years. These reductions would be accomplished by an in-state cap and trade system. The report also recommends that ten percent of New York's power come from renewable sources by 2012. According to the task force, these moves should not dramatically increase energy prices. Environmental advocates called on Gov. Pataki to implement the recommend plan.
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Defenders of Wildlife Issues Transportation Report (Defenders of Wildlife 4/03)
Defenders of Wildlife issued a report on transportation that profiles innovative programs that seek to improve transportation infrastructure while protecting biodiversity. The report states that one of the greatest consumers of habitat, and thus a threat to biodiversity, is poorly planed, sprawling development. This development is largely spurred by transportation plans. The report goes on to discuss several options available for innovative transportation alternatives and makes recommendations for future transportation plans that protect biodiversity. This report may be accessed at http://www.transact.org/library/reports_pdfs/Biodiversity/second_nature.pdf.
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Michigan Bill Aims to Protect Even Tiny Wetlands (Detroit Free Press 4/23/03)
Rep. Paul Condino announced a bill Tuesday designed to protect Michigan's many small wetlands that currently lack regulation. These small wetlands provide direct benefit as they filter pollutants from soil, form barriers to erosion, provide habitat for fish and wildlife and retain storm water to prevent flooding. Previous bills addressing small wetlands (less than five acres) have been opposed because of fears of the taking of private property. For more on how your state can protect wetlands, see http://www.serconline.org/wetlands/index.html.
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Bill to Limit Mercury Bound for Governor in Oregon (Oregonian 4/23/03)
Washington's House and Senate have approved a bill aimed at reducing mercury levels in the state through prohibiting the sale and installation of certain mercury containing products like thermometers and fluorescent light bulbs, and requiring that others carry warning labels. If not managed properly, mercury can build up in the environment over time, leaching into groundwater systems and causing brain damage, especially in children. The bill passed quickly in the House, but was subject to deliberation and several alterations in the Senate. Those changes were approved by the House last Tuesday and the bill is now ready for review by Governor Gary Locke, who concurred with the statues set forth in its original iteration and will likely sign it into legislation if he agrees with the Senate's changes. For more information on how to regulate mercury in your state visit: http://www.serconline.org/mercury/pkg_frameset.html.
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Invasive Species Harming West Virginia's Economy (Charleston Gazette 4/23/03)
The thousands of non-native species spreading across West Virginia are causing significant economic damage, according to a new report by the Union of Concerned Scientists (UCS). Invasive non-native species cause economic problems for the state's forests, animals and industries. West Virginia forests, long impacted by the gypsy moth, are also suffering from invasions by purple loosestrife, Japanese stiltgrass, and fungi that attack beech, dogwood, hemlock, and fir. "Without action, we're likely to see the look of the forests change drastically" said Phyllis Windle, a senior scientist at UCS. Government agencies have spent $18 million over the last 20 years combating gypsy moths alone, and the moths have done an estimated $17 million worth of damage to the state's timber. For more information on what your state can do about invasive species, see http://www.serconline.org/invasives/pkg_frameset.html.
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Wisconsin May Revise Rules for Clean Air (Wisconsin State Journal 4/21/03)
Early last week the Wisconsin Natural Resources Board reviewed a proposed amendment to the air pollution rule NR 445. The update would lengthen the existing list of 429 regulated toxic air contaminants to 582 and impose stricter standards for 130 of those original 429. Caroline Garber, chief of the DNR's environmental studies section, sited a recent study performed by the state Department of Commerce that projected the cost to be $2.5 million. Among the groups opposing the new rule is Wisconsin Manufacturing and Commerce (WMC). Jeff Schoepke, spokesman for WMC, claimed that the increased regulation would allegedly cost Wisconsin businesses more than $100 million. Many proponents of the provision maintain that the additions to the 1988 rule, while welcome, do not cover the full extent of pollutants that should be included.
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Midwest Megafarms Making Enemies (Chicago Tribune 4/21/03)
Midwest megafarms, or concentrated animal feeding operations (CAFOs), are again threatening the public water supply and receiving thousands of dollars worth of environmental polluter fees. Last month a 50,000 gallon manure spill into Indiana's Little Sugar Creek killed 5,000 fish and proved the public will no longer tolerate inaction. Indiana officials have moved to shut down the 35,000 hog Pohlmann farm after similar incidents in past years. The most recent spill will cost Klaus Pohlmann $230,000, even though he contends the facility is state of the art. These actions have prompted officials in other states to look at their regulations that deal with CAFOs. In the past citizens and environmental groups have been able to enact rules blocking CAFOs, only to have state legislatures ignore their concerns. Currently regulations vary state to state, even though the Environmental Protection Agency recently handed down new rules on the facilities. However, many critics feel the rules do little to protect water quality and do not protect air quality. For more information on how your state can deal with CAFOs visit: http://www.serconline.org/cafos.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]