Wildlines Archives
Volume II, Number 33
August 18, 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:
 
 
 
 
 
 
 
 
 
 
Ballast Water Management
West Nile Moving Faster and Wider
Agricultural Impact Statements
 
Vermont Consolidates Transportation Planning with New Council
Alaska Prioritizes Logging in State Forests
Utah Rural Summit Focuses on Public Land Planning
California Air Regulators and Automakers Settle Lawsuit
New York Task Force to Fight Ecological Invaders
California Becomes First State to Ban Flame Retardants
Michigan Towns Want Developers to Pay Up
Report Released on Unhealthy Beaches Brings Calls for More Controls
Delaware Expands Efforts to Redevelop Brownfields
Great Lakes States Face Water Management Plans
Ballast Water Management
Ballast water is a certain amount of water that ships take in for stability and trim before a voyage. Ballast water enters U.S. waters once the ship arrives at its destination and releases the water into the destination harbor. Ballast is primarily composed of water, along with stones, sediment, and thousands of living species. Releasing ballast causes the introduction of exotic aquatic species into indigenous waters. Experts believe that, every minute, 40,000 gallons of foreign ballast water contaminate U.S. waters -- likely the single largest source of foreign species invading America's ecosystem. These species may seem harmless, but instead wreak havoc on local ecosystems. The natural balance and controls of an ecosystem are usually not equipped to deal with these invasive species. The result of a successful foreign species invasion in an ecosystem can be devastating to local economies and, because large volumes of dangerous bacteria and viruses have been found in ballast water, it also can be a serious threat to human health. For more information on Ballast Water Management, visit: http://www.serconline.org/ballast/index.html.
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West Nile Moving Faster and Wider (NY Times 8/8)
The outbreak of West Nile virus infection this summer is more broadly dispersed and is accelerating earlier than it did last year, making it vital that more communities work to prevent mosquitoes from biting and breeding, federal health officials said yesterday. Some states, including Colorado and New York, are experiencing their first big outbreaks this year. Officials are also expecting that a big pulse of infections is yet to come, even after the Center for Disease Control announced that the number of infections across the US had tripled once again. This has prompted many communities across the US to take actions to prevent the spread of the virus. Some actions include removing standing water, the use of larvacides, and recommendations to use common sense approaches such as bug repellant. West Nile has spread quickly primarily due to its main host, migrating birds. The virus has found hosts in dozens of bird species and other wildlife and more than three dozen mosquito species. For more information on how states are dealing with the West Nile virus, visit: http://www.serconline.org/westNile.html.
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Agricultural Impact Statements
In a move to stifle the process of passing new environmental regulations that impact agriculture, New York's Sen. Kuhl has introduced S1973, a bill designed to create a review of existing and proposed rules and regulations affecting agriculture. The authors of the act allege that "the purpose of this act is to improve our agricultural economy by challenging existing regulations which work against viable farm operations, and prohibiting any further regulations which may harm agriculture." In reality the proposed legislation adds an additional level of bureaucracy (and expense) which will serve not only to further endanger the environment, but will also hinder the agricultural sector. The Commissioner of Agriculture would be given the sole duty of determining which regulations need to be analyzed. The NY agencies that would have their regulations scrutinized under this legislation include the Departments of Environmental Conservation, Health, Labor, and Transportation. This act goes on to suggest that all other state agencies may be subject to the same level of inspection. Sen. Kuhl, former NY state chairman for the American Legislative Exchange Council (ALEC), seems to be taking clues from one of his former organization's legislative models, the Economic Impact Statement Act, which would require an environmental cost/benefit analysis to be conducted for any regulation proposed to protect the environment. With this eerily similar act, Sen. Kuhl is obviously trying to roll back the regulations that protect our environment and our farms, while pretending to be "farm friendly." In reality, the only group this legislation is "friendly" towards is corporate agricultural interests.
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Vermont Consolidates Transportation Planning with New Council (Rutland Herald 8/12)
Governor James Douglas created the Vermont Transportation Operations Council by executive order, in an effort to coordinate highway, rail, air and other transportation initiatives in the state. Douglas said the council was needed, in part, to "find and maintain effective and more efficient ways to move people and goods without damaging our environment or encouraging sprawl." The council's 15 members will be appointed by the governor and will likely include representatives from the state's Aviation Advisory, Public Transit, and Rail Advisory councils, along with people from private transportation industries, economic development groups, and travel and tourism companies. Although community groups were not included in the list of likely members, Vermont's Transportation Secretary said the council would seek input from regional planning commissions and other citizen panels. The state is hoping the new council will streamline transportation planning, provide a "big picture" view, identify areas needing improvement and facilitate communications. The existing rail, public transit, and air advisory councils will focus on more technical aspects unique to their fields. For more information on transportation issues, visit: http://www.serconline.org/trafficcongestionrelief/index.html.
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Alaska Prioritizes Logging in State Forests (Fairbanks Daily News-Miner 8/12)
Alaska Gov. Frank Murkowski signed into law a bill to change the primary use of all current and future state forests from "multi-use" to "timber." The change means that, if conflict arises over the use of a parcel of forestland, logging will win out over any other use. The bill also allows the state Department of Natural Resources to ignore potential impacts of land use when planning small-scale projects, reduces requirements to publicize timber sales, eliminates the five-year review schedule of forest management plans, increases the amount of state land open to large timber sales, and ends the requirement to send new plans to the state legislature. Gov. Murkowski stated the new law is important to create jobs and increase revenues for Alaska. Local environmentalists say the law sacrifices public oversight of state land and environmental protection to logging interests. Although sweeping in scope, the new law is not expected to have much of an impact in the short term, since the amount of available timber in Alaska currently far exceeds demand. For more information on the sustainable use of natural resources, visit: http://www.serconline.org/sustainability/index.html.
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Utah Rural Summit Focuses on Public Land Planning (The Salt Lake Tribune 8/11)
The focus of the recent Utah Rural Summit at Southern Utah University was the need to update old regional management plans to take into account current pressures on public lands, including population growth, unchecked suburban sprawl, increasing numbers of tourists, and more all-terrain vehicles. Utah's Bureau of Land Management chief called the plans "ancient history" and said the bureau is in the middle of developing new regional plans for the entire state, starting with eastern Utah. The state's plans are so outdated they will soon be in conflict with the National Environmental Policy Act, leaving Utah open to legal challenges, according to the bureau. Gov. Mike Leavitt (recently nominated as the new head of the federal Environmental Protection Agency) urged rural residents to take advantage of the state's recreational assets. But local officials at the summit remarked that the issue isn't that straightforward -- more tourism means higher costs for park management and maintenance, as well as law enforcement. The theme of the summit, "Collaboration," alludes to the balancing act between varied interests, including delicate ecosystems, local inhabitants, tourists, and ranchers, in the development of new regional plans.
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California Air Regulators and Automakers Settle Lawsuit (San Diego Union Tribune 8/11)
State air regulators and three automakers settled a lawsuit over California's landmark 1990 requirement that 10% of the cars sold in the state needed to be nonpolluting. The rules were put in place in response to California having the nation's worst air quality at the time. General Motors, DaimlerChrysler, and Isuzu have agreed not to challenge new regulations for low-polluting and nonpolluting cars, and the state will drop its appeals of lawsuits brought by automakers. The settlement improves chances car companies will be forced to build cleaner cars rather than continue fighting to weaken the emissions rules. The automakers originally sued claiming the state had overstepped its authority and was setting a fuel efficiency requirement. The state lost the initial battle over the regulations in federal and state court. However, the state air board reworked the regulations in April calling for cleaner burning vehicles, hybrids, and hydrogen fuel cell vehicles to be introduced in the next five years making the settlement possible.
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New York Task Force to Fight Ecological Invaders (Rochester Democrat & Chronicle 8/12)
NY A6988 was signed into law by Gov. Pataki forming New York's invasive species task force. The panel will study the impact that nonnative species have had on New York, including upsetting the food chain and choking out native species. The group is also charged with devising ways to fight back. The task force must report its findings by Nov. 30, 2005. The task force will have 17 members, led by representatives of the state Environmental Conservation and Agriculture departments. Some of the species that have caused the greatest damage include zebra mussels, eurasian milfoil, and purple loosestrife. Assemblyman DiNapoli, one of the bill's sponsors, said, "The new task force will allow New York to develop comprehensive strategies to protect our vital ecosystems and our valuable natural resources." For more information on how your state can protect its resources from invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html.
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California Becomes First State to Ban Flame Retardants (Washington Post 8/11)
Gov. Davis signed AB302 into law, making California the first state to ban flame-retardant chemicals that are known to accumulate in the blood of mothers and nursing babies. The chemicals, known as PBDE's, are used in many products including furniture, electronics, plastics, and foam products. The bill's ban does not take place until January 1, 2008, allowing manufacturers time to find alternatives to the widely used chemicals. Studies show that North American women have some of the highest levels of PBDE's in the world, which affect memory, behavior, and learning.
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Michigan Towns Want Developers to Pay Up (Detroit News 8/12)
A land-use task force established by Gov. Granholm recently handed down a set of policy recommendations that did not include "impact fees," which are in use in California and Florida, even at the suggestion of many individuals. Impact fees require developers, not citizens, to pick up the tab for new infrastructure and school costs associated with new construction. The fees are one time charges that go to support public services, including police service and water line service. Supporters of impact fees contend the fee will force development back into older sections of cities, while opponents contend the fees will drive up housing costs and widen the affordability gap. Fore more information on land use decisions and how to curb sprawl in your state, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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Report Released on Unhealthy Beaches Brings Calls for More Controls (LA Times 8/13)
Sewage spills and polluted runoff forced the closing of California's beaches more than 4,500 times last year, with three dozen beaches remaining off-limits to swimmers for three months or more because of high bacteria counts, according to a report by the Natural Resources Defense Council. The report, entitled "Testing the Waters," reveals a number of contamination sources including runoff from animal feedlots and cities containing fertilizer, oil, and various chemicals. It cites the need for tighter controls on sewage overflows and polluted runoff to reduce the more than 12,000 closings and advisories for bacteria and other pathogens nationwide. These pathogens have been linked by scientists to ear infections and respiratory and stomach illnesses. Beach closings have been prominent this year, including many beach closings along the shores of Lake Michigan affecting portions of the Midwest. To read the report, visit: http://www.nrdc.org/water/oceans/ttw/titinx.asp.
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Delaware Expands Efforts to Redevelop Brownfields (The News Journal 8/12)
A student tour highlighted the recent efforts Delaware has made towards redeveloping brownfields throughout the state. The efforts follow the adoption of legislation by the General Assembly this session that increases the amount of money available to redevelop blighted sites, along with streamlining the process to encourage more redevelopment. The maximum grant available for brownfield investigation and clean-up increases from $50,000 to $150,000. In addition to the extra funding, Gov. Minner signed SB157 which limits the liability of people who purchase brownfields and commit to cleaning them up. Since the program began in 1995, the state has worked with developers to clean up and redevelop more than 22 sites, restoring 236 acres. This initiative is part of an effort to reduce sprawl and redirect developments back into cities. For more information on cleaning up brownfields, visit: http://www.serconline.org/brownfields/index.html.
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Great Lakes States Face Water Management Plans (Ann Arbor Press 8/11)
Governors of states bordering the Great Lakes are in a position to defend their state's water use. Last week representatives from 8 states, and 2 from Canadian provinces, participated in a meeting to continue negotiations over a region-wide water management agreement. Although the meeting was held in private, details of the plan emerged, including mandatory state comprehensive water management plans, the set-up of a regional commission to determine whether new withdrawal projects will be approved, and adoption of a grandfather clause that would allow current withdrawals and diversions to continue. Many concerns have arisen surrounding the use of water from the Great Lakes including the protection of state's rights, having enough water for crop irrigation, the needs of growing municipalities, and how large a voice citizens should have. The policies that currently govern the Great Lakes include a federal water resources law, a charter between Great Lakes' governors and the Canadian premier, and a 90-year-old US-Canadian treaty. Complicating the issue further is the fact that the laws may not be strong enough to stand up against US commerce regulations and the General Agreement on Tariffs and Trade or GATT. The meeting was one of many to come in the hopes to manage the Great Lakes for future generations. For more information on how your state can preserve water for the future, visit: http://www.serconline.org/waterconservation/pkg_frameset.html.
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State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]