Wildlines Archives
Volume II, Number 23
June 9, 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:
 
 
 
 
 
 
 
 
Banning Cyanide Use in Mining
California Senate Votes to Restore Clean Air Regulations
Defense Authorization Acts Weaken ESA, MMPA
 
California Assembly Tire Bill Rolls into Senate
Three States Sue EPA over Carbon Dioxide
California Senate OKs New Bid to Recycle E-waste
McGreevey Pledges to Push Wind, Solar Power
Montana May Ban Animals from States with Chronic Wasting Disease
Minnesota Coalition Hopes to Cut Harmful Ozone
Massachusetts Bill Would Ban Two-Stroke Engines
New York's Plan for Invasive Species
Banning Cyanide Use in Mining
The reckless use of cyanide by the mining industry has resulted in billions of gallons of cyanide being spilled into the environment since 1970. In the 1980s this misuse resulted in wildlife deaths, extensive water pollution, and ultimately some mines being classified as Superfund sites. The misuse of cyanide does not only result in environmental problems, but also lingering economic problems including forcing taxpayers to fund reclamation projects because mining companies declared bankruptcy. Private property owners in Montana voted against cyanide use in open-pit mining in November of 1998 after individuals were forced to sell their property due to contamination. Cyanide is deadly at very low concentrations, and poses undue risk to humans and wildlife. The "benefits" of cyanide use do not outweigh the environmental damage it causes. For more information on how your state can ban the use of cyanide in mining visit: http://www.serconline.org/mining/index.html.
back to top
 
California Senate Votes to Restore Clean Air Regulations (San Diego Union Tribune 6/2)
After the Federal Environmental Protection Agency relaxed regulations last year, states have stepped up to fill in the void created in the Clean Air Act. SB 288, sponsored by Sen. Sher, passed through the Senate last week and now moves on to the Assembly for consideration. The bill adds the "new source review" to the state's clean air regulations. The new source review calls for any increase in production from power plants, older factories, and refineries to be accompanied by state-of-the-art pollution controls.
back to top 
 
Defense Authorization Acts Weaken ESA, MMPA
Using the pretext of military readiness and exploiting U.S. fears regarding terrorism, portions of the National Defense Authorization Act for FY 2004, versions of which recently passed the House and Senate, fundamentally weaken some of the environmental protections contained within the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA). House bill, H.R. 1588, severely limits the Secretary of the Interior's ability to designate critical habitat under the ESA. It is important to note that the ESA is quite flexible and allowing of case-by-case exemptions as it currently reads. Furthermore, the ESA allows for exemptions based on national security needs, but these have never been used. Additionally, H.R. 1588 weakens the MMPA in a number of ways. The Senate bill, S. 747, is a subtler version -- lacking the MMPA exemptions, but still limiting the designation of critical habitat on military-controlled lands. Using the covers of national security and military readiness, provisions of these bills seriously, and unnecessarily, threaten many species and ecosystems, and make it harder for states to protect their natural resources.
back to top 
 
California Assembly Tire Bill Rolls into Senate (NRDC Activist Alert 6/2)
The California Assembly staved off fierce lobbying by tire manufacturers to pass AB844 which now moves to the Senate for consideration. The bill sets minimum rolling resistance standards and would require that replacement tires sold in California to be labeled for fuel efficiency. Newer cars are now equipped with better tires that allow the cars to meet federal fuel economy standards. The California Energy Commission estimates that Californians could save about 300 million gallons of gasoline every year if replacement tires were as fuel-efficient as the tires sold on new vehicles. Drivers could save up to $100 on gasoline over the tire's lifetime.
 back to top
 
Three States Sue EPA over Carbon Dioxide (The Boston Globe 6/5)
In what one attorney called "the boldest legal move a state attorney general has ever made," the Massachusetts attorney general joined forces with the attorneys general of Connecticut and Maine and filed suit against the Environmental Protection Agency, arguing that the Clean Air Act requires that the agency regulate carbon dioxide, which is believed to contribute to global warming. If the suit is successful, the EPA would need to add carbon dioxide to the list of six pollutants already regulated by the agency under the Clean Air Act. Connecticut Attorney General Richard Blumenthal characterized the Bush administration's current do-nothing policy, which favors voluntary efforts by industry over mandatory regulations, as "unacceptable." Opponents of the suit argue that the economy would be hurt by increased regulation regarding clean air, calling the suit "short-sighted" and "ineffectual." Proponents counter that "doing nothing is itself very costly." The suit is the first filed by a state against the federal government over global warming issues.
back to top
 
California Senate OKs New Bid to Recycle E-waste (San Jose Mercury News 6/3, ENS 6/4)
SB 20, legislation requiring electronics manufacturers to establish a "free and convenient" recycling system for old computers, televisions and other electronic devices, was approved last week by the California Senate. Computer monitors, televisions and other electronic devices contain hazardous levels of lead, mercury and other toxic materials, and their disposal in solid waste landfills is prohibited in California, resulting in about six million obsolete electronic devices stockpiled in California homes and businesses, a number that increases by the thousands every day. SB 20, Sponsored by Californians Against Waste, the state's largest recycling advocacy organization, is the second legislative attempt to deal with the growing crisis. Last year's bill was vetoed by Governor Gray Davis after objections from industry lobbyists. Davis declared in his veto message that he was prepared to support legislation that developed a program similar to one already established by the European Union, in which companies have cradle-to-grave responsibility for any electronic products deemed hazardous by authorities. SB 20 establishes such a program. For more information on how states are dealing with electronic waste visit: http://www.serconline.org/ewaste.html.
back to top
 
McGreevey Pledges to Push Wind, Solar Power (The New Jersey Times, 6/4)
Governor Jim McGreevey stated earlier this week that New Jersey will move to use more renewable energy with the intention of satisfying 20 percent of the state's power needs with clean energy sources by 2020. To kick off the new energy agenda, $60 million of low-interest investment capitol will be made available to businesses seeking to contribute to the state's transition to a more progressive energy portfolio -- businesses that invest in clean energy through the development of new technologies, construction of wind/solar farms and so forth. New Jersey currently gets 2 percent of its electricity from renewable sources, a number that is projected to double within the next 5 years under the new resolution. While McGreevey's plan falls short of the ambition that characterizes that of New York Governor George Pataki (25 percent by 2010), it has been deemed pragmatic by environmentalists given New Jersey's limited number of river systems and space for wind farm developments. For more information on how your state can integrate renewable energy into its portfolio visit: http://www.serconline.org/RPS/pkg_frameset.html.
back to top
 
Montana May Ban Animals from States with Chronic Wasting Disease (Billings Gazette 6/4)
The Montana Department of Fish, Wildlife and Parks, in an effort to prevent chronic wasting disease from entering the state, has proposed a new rule that would ban the importation of dead deer and elk from countries or states containing chronic wasting disease (CWD). CWD is caused by a malformation of brain protein and is fatal to both deer and elk. The majority of wild game processors and taxidermists support the proposed rule, which would require hunters to leave the most infectious parts of their deer and elk -- the brain, spinal cord, and bones -- at the state lines. The proposed ban has strong support from a group of hunters and anglers known as the Montana Wildlife Federation. States from New York to Utah have implemented similar bans. For more information on Chronic Wasting Disease visit: http://www.serconline.org/CWD/index.html.
back to top
 
Minnesota Coalition Hopes to Cut Harmful Ozone (AP 6/3)
The Minnesota Pollution Control Agency issued ozone health alerts for a handful of days in the summers of 2001 and 2002, the first time for such alerts in more than a decade. To deal with ozone levels creeping up, Clean Air Minnesota officials, a coalition of businesses, government and environmental groups, were scheduled to announce their plan to decrease harmful ozone in the Twin Cities. The idea is to lower ozone levels before they become bad enough to merit federal intervention, which could be costly for businesses and government and would require an intense plan of action. Droessler, program director of Clean Air Minnesota, said that since about half of harmful ozone comes from vehicles, a primary focus will be teaching the public about small things they can do: driving less frequently, filling up cars later in the day, limiting activities such as yard work and cookouts on pollution-alert days. The coalition is also working with Minnesota businesses to sponsor public education forums and urge employees to limit polluting activity by driving shorter distances and deferring tasks such as painting on high-ozone days. C. Ford Runge, a professor of applied economics and law at the University of Minnesota, said changing consumer behavior won't be easy. Runge stated that without economic or social incentives, people aren't likely to alter their driving behavior because they don't think their contributions would be significant enough to solve the problem.
back to top
 
Massachusetts Bill Would Ban Two-Stroke Engines (Rep. Marzilli's office 5/23)
Representative James Marzilli introduced House Bill 1909 to prohibit the sale of two-stroke recreational vehicles in Massachusetts. According to the EPA, "a single two-stroke jet ski operated for 7 hours emits more smog-forming emissions than a new car driven more than 100,000 miles. The same craft can dump enough MTBE in just two hours to contaminate 13 million gallons of water." In addition to being a cancer causing agent, MTBE is extremely difficult and expensive to remediate. Vehicles with two-stroke engines have traditionally taken a backseat to cars and other large vehicles when solutions to air quality problems are sought; in large part, because their small size and relatively low fuel consumption rates makes them less visible pollution culprits. But two-stroke engines -- typically found in jet skis, snowmobiles, ATVs and other recreational vehicles -- allow up to 30 percent of all fuel processed to escape uncombusted. HB1909, which would take effect immediately, would disallow the sale of two-strokes, thereby creating a stronger market for their less polluting counterparts, four-stroke engines.
back to top
 
New York's Plan for Invasive Species (Times Union 6/2)
Across New York's land and waterways, invasive species are threatening crops, causing billions of dollars of harm and disrupting ecosystems. From zebra mussels starving Hudson River fish to purple loosestrife crowding out vegetation in New York wetlands, non-native plants and creatures are rapidly spreading. For the first time, the state legislature is looking to take on invasive species. This year, state Sen. Carl Marcellino sponsored legislation to create an invasive species task force, expected to pass later this month. It already has won Assembly approval and has Gov. George Pataki's support. The 17-member task force will assess the magnitude of the problem and the adequacy of existing state and local laws, and will issue a report and recommendations to the governor and Legislature. Besides pulling together experts on the issue, the task force will put the state in line with the federal government approach toward invasive species, and could help New York secure more money to fight the problem, said Neil Gifford, conservation director of the Albany Pine Bush. One or two invasive species can wipe out more than a dozen native ones, Gifford said, altering the unique ecosystem that is home to several endangered species. More than 30 percent of the state's flora is considered non-native in origin, although not all are invasive or damage local ecosystems, according to the Invasive Plant Council of New York State. For more information on how your state can deal with the spread of invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html and http://www.serconline.org/ballast/index.html.
back to top

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]