Wildlines Archives
Volume II, Number 3
January 21, 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:
 
 
 
 
 
 
 
 
 
 
Stopping "Takings" Legislation
NJ Gov. Says Sprawl Reduction Priority
ALEC Launches Bid Against CO2 Emissions Laws
 
Miss. House Approves Compromise Environmental Audit Bill
N. Dakota House Panel Endorses Tobacco Ban
Anti-Sprawl Bills Build Momentum in Virginia
Indiana Environmental Agency Pleads for Fee Increases
Virginia Lawmaker Proposes Bills on Disposal of Computers
States Battle Invasive Species
New Jersey Issues New Waterways Rules
Lights Cloud the Night Sky
CT Treasurer and Utility Shareholders Demand Liability Disclosures
Delaware Senator Hopes to Preserve Land with Transportation Funds
Stopping "Takings" Legislation
"Taking" proponents demand payment in the form of our government tax dollars when a law or regulation affects the use of land. Yet such a demand fails to balance these alleged "takings" against the "givings" which flow from other government programs or the loss of environmental quality that a community has taken from harmful land use. For example, local governments may be unable to prevent a large, smelly and environmentally destructive CAFO from getting started without reimbursing the owner for "taking" away potential earnings. This form of "takings" legislation has already been passed in four states and is currently being considered in many more. To learn how to stop "takings" legislation in your state, please visit http://www.serconline.org/Takings/index.html.
back to top
 
NJ Gov. Says Sprawl Reduction Priority (NY Times 1/14/03)
Suburban sprawl will be weeded out in the Garden State by charging new fees to developers, allowing towns to stop new building and boosting measures to save open space, Gov. James E. McGreevey promised Tuesday in his first State of the State message. To better manage development, McGreevey wants more power for county planning boards and increased regional development. That could mean an end to centuries of home rule, the tradition that allows the state's 566 municipalities to govern nearly everything within their borders. Towns would be given the power to halt all building for up to one year. The state would also act to preserve 20,000 acres of farmland, McGreevey said. Developers will face fees to cover increased costs for roads and schools, he said. "Let me say to those who profit from the strip malls and McMansions, if you reap the benefits, you must also take responsibility for the costs," McGreevey said. New Jersey will also see two new state parks, improvements to 200 local parks and a program to plant 100,000 trees across the state, if the plan is approved. The state will also provide $100 million more to open space programs, without an increase to taxpayers, McGreevey said. "I know what I have outlined here will not be easy to pass. There will be vested interests lined up across this state and outside that door to oppose us," McGreevey said. "It is the fight that will define and shape the New Jersey we leave behind for our children and grandchildren." For more on limiting sprawl in your state, visit http://www.serconline.org/sprawl/pkg_frameset.html.
back to top
 
ALEC Launches Bid Against CO2 Emissions Laws (NCEL, Inside EPA 1/17/03)
Last week, Inside EPA reported on a new study and model bill being pushed by the American Legislative Exchange Council (ALEC) to their state legislators in an attempt to weaken or stop carbon dioxide (CO2) emission regulations. The study, which links increased mortality rates with increased environmental regulation, was financed in part by the Edison Electric Institute, the National Mining Association and Center for Energy & Economic Development. The model legislation, called the "Conditioning Regulation of Non-Pollutant Emissions on Science," would require a state environment commissioner, prior to regulating CO2, to determine whether the regulation would have a "substantial and significant adverse effect" on energy or fuel availability or price, and to balance that impact against the proposal's benefits, among other provisions. ALEC is attempting to derail CO2 emissions bills, as many states, including California, are seeking to put in place strict new emissions control regimes. Through the study and bill, ALEC is trying to suggest that tough clean air rules could harm public health by increasing energy costs (and thereby deepening poverty) and unemployment. The study, "Mortality Reductions From Use Of Low-Cost Coal-Fueled Power: An Analytical Framework," ignores the health impacts of global warming, such as more human fatalities resulting from increasing summer temperatures and disasters such as tornados and hurricanes, and the spread of tropical diseases such as west nile virus and malaria. Global climate change's economic costs include devastating droughts and associated crop losses and forest fires, the destruction of infrastructure, and the gradual loss of fish and game species. One environmentalist who works on state-level issues is calling the study a coal-industry effort to broadly avoid new controls. "If you are saying that burning more coal and dirtier air is the solution to healthier living, you have to question the motives behind the report," the source says. "It's obviously out to give ALEC legislators something to use when four-pollutant legislation or any legislation limiting coal use is debated by state legislators." For more on ALEC's anti-environmental agenda visit http://www.serconline.org/watchdog/watchdogpage.html.
back to top
 
Miss. House Approves Compromise Environmental Audit Bill (Clarion Ledger 1/15 &1/16)
The Mississippi House voted 117-0 last week for a bill to give plaintiffs some access to companies' environmental self-audit records. The bill makes it easier to use private companies' internal environmental studies in a lawsuit against accused polluters who cause serious health and environmental problems. Mississippi's current law prevents such documents from being introduced in civil or criminal cases, a provision that has drawn the ire of the U.S. Environmental Protection Agency. Federal officials say the audit privilege could interfere with prosecuting the state's worst polluters. The law has been the center of a three-year, free-for-all fight that has pitted federal regulators against state legislators, and business interests against environmentalists and trial lawyers. There has been considerable confusion over how audit privilege works and what it does. The law was intended to encourage industry to police itself and voluntarily clean up pollution. But a 1998 study by the National Conference of State Legislatures suggests similar laws have done no such thing. Louie Miller, state legislative director of the Sierra Club, calls the current law the "pollution secrecy act." Miller called the new bill "a reasonable compromise." For more on Environmental Audit Privilege, see http://www.serconline.org/watchdog/watchdog_alerts.html#watchdog10.
back to top 
 
N. Dakota House Panel Endorses Tobacco Ban (Bismarck Tribune 1/16/03)
A House committee stunned the North Dakota Capitol last week by endorsing a bill that would ban the sale and use of tobacco products in the state. Rep. Mike Grosz, R-Grand Forks, was extremely proud after the House Finance and Taxation Committee voted 9-4 in favor of his bill, HB1174. He sponsored the bill and is a member of the committee. The bill now goes to the full House for consideration.
back to top 
 
Anti-Sprawl Bills Build Momentum in Virginia (The Virginian-Pilot 1/13/02)
A flurry of slow-growth bills has been filed in the Virginia General Assembly this year. Several, called "adequate public facilities," would let local governments delay new developments – even on land properly zoned – until the roads and schools to serve them are in place. Significantly, the newly elected Speaker William J. Howell, R-Stafford, is backing limits for his own fast-growing district. The shift has caught the attention of deep-pocketed developers, who are gearing for a fight. "We are not taking prisoners this year on this matter," said Michael L. Toalson, executive vice president of the Home Builders Association of Virginia. "The defeat of this is the No. 1 priority of the housing industry for this session of the General Assembly and a very high priority for the broad-based business community as well." The defeat of the sales-tax increase last fall is largely responsible for giving the slow-growth initiatives more momentum this year, some say. "The result of the sales-tax referendum sent a really clear message," said Laura Olsen of the Washington-based Coalition for Smarter Growth. "Voters want to see growth managed better." Del. Robert G. Marshall, a Republican from Prince William County, says he hears the message – and wonders why others don't. He has introduced four growth-control bills this year. He points to the Nov. 5 referendum as a day of reckoning for the development community. "Because of the response of the people, this thing has legs," Marshall said. "And the members of the Assembly who can't see that won't be here next year to figure out their mistake." For more information on how your state can stop sprawl, please see http://www.serconline.org/sprawl/pkg_frameset.html.
back to top 
 
Indiana Environmental Agency Pleads for Fee Increases (The Indianapolis Star, 1/15/03)
Lori Kaplan, commissioner of the Indiana Department of Environmental Management, said that IN's ability to regulate pollution could be jeopardized unless state lawmakers approve increases in permit fees paid by industries and municipalities. It is predicted that without the increases the $8.3 million generated now by fees for such things as wastewater treatment plants, and solid and hazardous waste disposal, would be depleted by mid-2005. If that happens, the agency would be forced to eliminate 75 positions in its permit programs, have difficulty issuing permits on time, and the state may lose its authority to issue permits. Fees have not been increased since 1994, although demands on the revenues generated by the current fees have increased. In addition, the agency is seeking new fees to help it ensure that drinking water systems meet health standards. Indiana's drinking water program is smallest program in the Midwest and the state desperately needs the fees to protect public health.
back to top 
 
Virginia Lawmaker Proposes Bills on Disposal of Computers (Virginian-Pilot 1/15/03)
This session the Virginia state General Assembly will consider bills HB 2375 and HB 2376, which ban the disposal of old computers, TVs and other electronic equipment in landfills starting in July 2004. The biggest concerns are cathode ray tubes, or CRTs, which help convey images on computer monitors and TV screens, but are made with toxic mercury, lead and other heavy metals that can contaminate groundwater and soil. In the U.S., 315 million computers will soon become obsolete, and 40 percent of lead found in landfills comes from thrown-away electronics. Congress and many states have begun considering ways to safely handle unwanted computers and other devices that contain CRTs; Massachusetts and California have barred CRTs from their landfills. For more information on how states are dealing with electronic waste, please see http://www.serconline.org/ewaste/pkg_frameset.html.
back to top 
 
States Battle Invasive Species (Stateline.org 12/17/02)
Invasive species, such as gypsy moths, zebra mussels and west nile virus, are an ever growing problem across the country, due in part to increased travel and trade. Introduced from other continents, these species have thrived and spread, causing environmental and economic damage – to the tune of $137 billion a year. The federal government adopted a national plan to control invasive species, but has made little progress to date, leaving most of the burden on states, which often are unprepared. Many states lack regulations dealing with invasive species, or have insufficient funding. An additional complication is the difficulty in predicting which introduced species will become problems, though it's much cheaper and easier to prevent an invasion than it is to try and control the species after arrival. States are turning to tools like permitting or requiring bonds or liability insurance for introduced species. In addition, many states are creating councils to coordinate the response to this biological invasion. To learn more about what states are doing to combat invasive species, visit http://www.serconline.org/invasives/stateactivity.html.
back to top 
 
New Jersey Issues New Waterways Rules (Star Ledger 1/13/03)
Gov McGreevey has announced an expansion of rules aiming to reduce pollution in New Jersey's waterways. This expansion will minimally affect 22 rivers proposed for the designation, and potentially more in the upcoming months. The Category 1 designation, restricting any discharge that increases a toxin's level, is proposed to be extended to waterways used for drinking water. Traditionally Category 1 rivers were trout habitats. In a move prompting objection from various groups, the Department of Environmental Protection has proposed a ban on construction within 300ft. of a Category 1 river. Jeff Tittel, New Jersey Sierra Club Director, remarked, "Not only is this an important tool to protect drinking water, it will do more than 10 years of State Planning Commission meetings to bring smart growth to New Jersey." For more information on how to protect your state's waterways visit http://www.serconline.org/waterconservation/pkg_frameset.html.
back to top 
 
Lights Cloud the Night Sky (NY Times 1/16/03)
Can you see the Milky Way from your house? About 60 percent of Americans cannot, but the so-called Dark Sky movement is urging urban areas to change that. Municipalities in at least seven states have regulations on outdoor lighting. Last year, NY Gov. George Pataki vetoed a bill that would have required local and state governments to phase out most outdoor lighting that casts too much brightness into the night sky. The bill had been pushed by citizens who argued that the measure would increase energy efficiency and allow people to once again see stars at night. About 30 percent of all outdoor lighting in the U.S. is directed skyward, according to the International Dark-Sky Association, a 9,000-member nonprofit group based in Arizona.
back to top 
 
CT Treasurer and Utility Shareholders Demand Liability Disclosures (NY Times 1/17/03)
A group of shareholders that includes the Connecticut treasurer's office and several religious organizations have begun a campaign to compel the largest electric utilities in the nation to publish information about liabilities they might face because of their emission of gases that contribute to global warming. Led by the State of Connecticut Plans and Trust Fund and members of the New York-based Interfaith Center on Corporate Responsibility, the shareholder coalition has filed resolutions to be voted upon at the annual meetings later this year of American Electric Power, the Southern Company, Xcel Energy Inc., the TXU Corporation and the Cinergy Corporation. The shareholders contend that there are hidden risks at the large power companies because of their release of carbon dioxide, which is widely thought to be linked to global warming, and the pollutants sulfur dioxide, nitrogen oxide and mercury. They contend that companies could face risks if emissions of carbon dioxide were regulated and limited, which many environmentalists and some power companies think is inevitable. They also assert that the electric utilities may have to grapple with litigation linked to the emissions. For more on how your state can restrict greenhouse emissions, visit http://www.serconline.org/clean/index.html.
back to top
 
Delaware Senator Hopes to Preserve Land with Transportation Funds (Dover NewsZap 1/8/03)
Delaware Republican state Senator Robert J. Valihura announced a legislative push to shift 10 percent of Delaware's Transportation Fund – totaling $450 million in fiscal 2003, not counting federal aid – to the Open Space Council and the Aglands Preservation Foundation. The measure's co-sponsor, Republican Representative G. Wallace Caulk, a farmer and Delaware Farm Bureau official, stressed the need for a steady source of preservation money since the budget problems may force lawmakers to cut farmland allocations this year. For more on conservation funding, visit http://www.serconline.org/conservationfunding/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]