 |
|
|
 |
Protecting
Isolated Wetlands
In a closely divided 5-4 decision, the US Supreme Court ruled in
January 2001 that the federal government no longer had the jurisdiction
to protect certain widespread but isolated wetlands. In recent court
proceedings the protection afforded to isolated wetlands has been
widely interpreted and large amounts of confusion still remain over
how isolated wetlands are protected. What is clear are the many
important roles wetlands play. Wetlands serve a myriad of functions
including improving drinking water quality, regulating water levels,
reducing flood and storm damage, providing important habitat to
many species, and playing a role in many recreational activities.
With large amounts of wetland acreage disappearing each year, it
is important to afford protection to wetlands and close the legal
loophole eliminating protection for isolated wetlands. It is important
for states to step in and fill the void, as Wisconsin did immediately
following the Supreme Court's ruling. For more information on how
your state can protect isolated wetlands, visit: http://www.serconline.org/wetlands/pkg_frameset.html. |
| back
to top |
| |
 |
States
to Fight Relaxation of Power Plant Pollution Standards
(NY Times 8/29)
A day after the Environmental Protection Agency (EPA) announced
changes to the New Source Review program, states and environmental
groups announced their intention to file lawsuits against the rule
change. Factories and power plants are no longer required to upgrade
their pollution controls if the cost of their expansions or renovations
are less than 20 percent of the plant's total cost. The current
EPA administrator, Marianne Horinko, along with utility officials
argued the old rule was cumbersome and confusing. Many Northeastern
states contend most of their air quality problems stem from coal
plants in the Midwest and the rule change would only increase that
problem. The EPA administrator also commented the new rule may spur
new investments in the power grid, even though utility officials
were pushing for the regulations long before the blackouts occurred.
State officials and environmentalists now fear that hundreds of
thousands of tons of additional pollutants may be released by approximately
17,000 factories across the United States. For more information
on how your state can protect itself from the four major pollutants
emitted from power plants, visit: http://www.serconline.org/clean/index.html. |
| back
to top |
| |
 |
Class
Action Reform or Class Action Restriction?
The Class Action Fairness Act of 2003 seems to be anything but fair
to citizens and other organizations seeking to hold polluting defendants
accountable under state laws. According to S 274's language, this
act is needed to protect class action participants from potential
abuses, to protect interstate commerce, and to prevent class action
rulings from becoming the law of the state. That sounds as if it
may be an attempt at reform, but rather it is a guise for defendants
to potentially move cases from state court to federal court under
certain situations. Two conditions that would automatically give
a federal district court original jurisdiction would be in cases
where "any member of a class of plaintiffs is a citizen of
a State different from any defendant," or where the matter
of controversy exceeds $5 million. However, the bill does provide
instances in which these conditions would not automatically be applicable
including cases where "the number of members of all proposed
plaintiff classes in the aggregate is less than 100." Even
if 100 or more persons did not want to be lumped together in a class
action suit they could be. A letter written by the Judicial Conference
of the United States to the Senate Judiciary Committee not only
opposes this legislation, but said that if it should pass exceptions
were needed. One exception would be cases "in which plaintiff
class members suffered personal injury or personal property damage
within the state, as in the case of serious environmental damage."
Recently, in Anniston, Alabama, 3,500 people are recovering damages
for PCB contamination that Monsanto and Solutia exposed them to
over the years. If S 274 had been in effect, the defendants could
have tried to move the case to federal court unnecessarily delaying
litigation, denying jurisdiction to the state court, and allowing
the defendants to evade state law. The members of the US Senate
were not elected to give polluters a chance to escape prosecution
in state courts. S 274, if passed, would not only undermine a state's
rights and laws, but hurt the citizens it allegedly sets out to
protect. |
| back
to top |
| |
 |
Maine
to Use Alternative Fuel for Heating
(Bangor Daily News 8/29)
Maine's Office of Energy Independence and Security will implement
a program this winter to use an alternative fuel blend to
heat some state buildings. The state wants to take a leadership
role in using nontoxic fuels, reducing its reliance on foreign
oil, and stimulating the alternative fuel economy. Maine will
use a 20/80 blend of biodiesel and standard petroleum diesel
to heat a small Augusta office, with the possibility of expanding
the program to other buildings in the area. Biodiesel, which
is made from animal fat or vegetable oil, burns more cleanly
than other fuels and has the added benefit of being generated
from what are usually considered waste products. Critics point
out that the alternative fuel blend costs 30 cents a gallon
more than heating oil and question whether the switch should
be made, given Maine's tight budget. But Beth Nagusky, director
of the Office of Energy Independence and Security, points
out that "through energy conservation and efficiency
we should be able to reduce our usage enough to justify paying
a premium." Biodiesel can also be used to power vehicles;
the Maine Department of Transportation is already using it
in some of its fleet. |
| back
to top |
| |
Doctors
Agree: Sprawl Is Bad for Your Health
(Smart Growth America and Surface Transportation Policy Project
8/28)
In the first study to link human body weight directly to the
built environment, researchers found that sprawl is associated
with obesity, hypertension, and lower rates of physical activity.
The peer-reviewed study, "Relationship between Urban
Sprawl and Physical Activity, Obesity, and Morbidity,"
was highlighted in special issues of two prestigious medical
journals and a companion report by Smart Growth America and
the Surface Transportation Policy Project. To make the comparison,
Dr. Reid Ewing of the University of Maryland and associates
used data from the Centers for Disease Control and Prevention
on the health characteristics of more than 200,000 people
in 448 counties in major metropolitan areas across the U.S.,
along with Census Bureau and other federal statistics to determine
the degree of sprawl in each county. People in the most sprawl-heavy
counties are an average of six pounds heavier than people
in well-planned, compact areas. As sprawl increases, people
are more likely to have high blood pressure and be obese,
and less likely to walk for exercise or transportation. The
study controlled for age, gender, educational level, and smoking.
The companion report outlined long- and short-term projects
to increase the health of communities, including investing
in sidewalks and bike lanes, taking measures to calm traffic,
and planning future development near public transportation
hubs. For more information on the effects of sprawl, visit:
http://www.serconline.org/sprawl/pkg_frameset.html. |
| back
to top |
| |
Louisiana
Creates Aquaculture Advisory Panel
(Times-Picayune 8/28)
Gov. Foster signed an Executive Order last week creating the
Louisiana Aquaculture Advisory Council. The council will be
located within the Governor's office ending a long argument
between the Department of Agriculture and the Department of
Wildlife and Fisheries over who should have control over fish
farming. Originally Gov. Foster vetoed a bill that would have
placed aquaculture within the Department of Agriculture because
officials had spoken of loosening regulations on cultivating
non-native species which may have increased the spread of
invasive species. The council will be composed of 22 members
including representatives from state government, conservation
groups, farm groups, and the aquaculture industry. Recent
concerns have grown over invasive species after an angler
caught over a dozen Asian carp. For more information on how
your state can prevent the spread of invasive species, visit:
http://www.serconline.org/invasives/pkg_frameset.html. |
| back
to top |
| |
PA
Legislator Wants Tougher Energy-Efficiency Standards
(Post Gazette 8/27)
Rep. Veon announced his intention to introduce legislation
next month that would create tougher energy efficiency standards
for air conditioners and "smart" electric meters.
The legislation is based on a set of recommendations from
a former member of the Public Utility Commission (PUC) and
current head of Penn Future citizens group, John Hanger. The
legislation will call for the PUC to look into making steps
toward more efficient air conditioners citing the recent blackout,
even though the cost per unit may increase slightly. Summer
peaks tend to stress the grid most, he commented, and reducing
the amount of power required to run an air conditioner would
help during those times. The "smart" meter would
allow customers to give back electricity during peak demands
by reducing their power intake and receive a payout from the
utility company for doing so. For more information on how
your state can adopt energy efficiency standards for appliances,
visit: http://www.serconline.org/efficiencystandards/index.html. |
| back
to top |
| |
MD
Governor Supports Renovation Incentives
(SunSpot.net 8/27)
Maryland Governor Robert Ehrlich, Jr. expressed strong support
for a tax incentive program that rewards developers for renovating
and reusing older buildings. The state's historic preservation
tax credit has been weakened by the General Assembly over
the past few years, in an attempt to limit costs. The program
is currently scheduled to end in June 2004, but Governor Ehrlich
said he would fight to keep it going, calling it "a very
important tax incentive, a priority item for our administration."
He made the remarks during a ceremony at Centerpoint, a project
building more than 200 apartment units and shops in 90 year
old buildings on Baltimore's west side. For more information
on other ways to stimulate community revitalization, visit:
http://www.serconline.org/community/pkg_frameset.html. |
| back
to top |
| |
CA
Senate Approves Ban on Coastal Fish Farming
(LA Times 8/28)
If Gov. Gray Davis signs SB 245, farming of salmon, exotic,
and genetically modified fish will be banned on California's
coast. Ocean farming, or aquaculture, has been criticized
by environmental and fishing groups as harmful to wild fish
and coastal habitats. Industry experts claim that they will
not be affected, however, as California salmon farming is
impractical. The bill excludes salmon and steelhead that are
being raised to aid recovery efforts in the wild. Oregon has
a similar law. For more information on genetically modified
fish, see: http://www.serconline.org/transFish/index.html. |
| back
to top |
| |
New
Jersey Task Force Attacks Billboard Sprawl
(Star Ledger 8/27)
The Billboard Policy and Procedure Task Review Force issued
a report today stating that New Jersey is "oversaturated
with billboards" and needs to curtail their development.
The task force recommends that billboard development rights
be put up for public bid; developers be required to announce
their intention to put up a sign to local planning boards
even if the billboard is on state land; disclosure rules be
tightened over all individuals with at least a 10 percent
interest in any billboard; and special waivers now granted
by the transportation commissioner alone be reviewed by the
Statehouse Commission. The task force believes billboard decisions
should also be moved from the Transportation Department to
the Department of Environmental Protection. The panel also
calls for the one-year 6 percent tax on billboard revenue
that was recently approved to be made permanent. The task
force did not include a recommendation to ban all billboards
from the state. |
| back
to top |
| |
Washington
to Reconsider 'Green Logging Seal'
(Seattle Post-Intelligencer 8/27)
The Pinchot Institute for Conservation and the Lanoga Corporation
have contributed $25,000 towards the assessment of 1.2 million
acres of Western Washington Forests for evaluation for a 'green
logging seal.' A review of logging policies is first step
in consideration for a seal from one of two organizations
-- the Forest Stewardship Council (FSC), which currently certifies
public land in 6 states, and the Sustainable Forestry Initiative
(SFI). The Department of Natural Resources passed on certification
two years ago because the state was developing a 10-year sustainable
forestry plan. The earlier assessment by the FSC concluded
the forests could receive certification if certain practices
were changed including waiting longer before logging an area
or leaving more trees behind, permanently preserving some
old-growth areas, and hiring more biologists. SFI is currently
doing its first assessment. According to the Pinchot Institute
this marks the first time a retailer has helped pay for an
assessment. The hope of certification supporters is that consumers
will increasingly request wood products that come from certified
forests where environmentally sensitive logging is followed.
For more information on these certifications, visit: http://www.serconline.org/goodwood.html. |
| back
to top |
| |
NJ
Establishes Stricter Waterway Pollution Limits
(DEP PR 8/22)
The Department of Environmental Protection Commissioner, Bradley
M. Campbell, announced the adoption of new, stricter limits
on the amount of fecal coliform going into more than 300 miles
of New Jersey waterways. The Environmental Protection Agency
has signed off on the standards and is currently reviewing
additional limits that would protect the rest of the state.
Commissioner Campbell said "Our next step is to track
down and identify the sources of fecal coliform contamination
in the targeted waterbodies so that we can effectively control,
reduce, or eliminate the pollution at its source." Fecal
coliform contamination is generally caused by runoff from
agriculture, excessive geese or wildlife populations, and
poor sanitary and stormsewer practices. |
| back
to top |
| |
CA
Assembly Forwards Ban on Use of Barges for Offshore Oil
(LA Times 8/26)
By a party-line vote on Monday, the State Assembly passed
AB 16, a bill that bans the use of barges and tankers to deliver
offshore oil to refineries. Less spill-prone pipelines would
be used instead. The bill has been widely hailed by environmental
groups. Gov. Gray Davis has not indicated if he will sign
the legislation, which applies only to extractors that were
new or expanded as of January 2003. Venoco Inc., the company
that would be most affected by the change, has threatened
to barge petroleum to Washington State rather than spend the
estimated $10-20 million it would take to build a 10-20 mile
pipeline. |
| back
to top |
|
|
