Wildlines Archives
Volume II, Number 37
September 15, 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:
 
 
 
 
 
 
 
 
Suburban Sprawl
States Want Control over Power Line Decisions
Trumping County Rights -- To Trap or Not to Trap?
 
Arizona Forest Loss Accelerating
Colorado to Develop Plan to Manage Wolves
Appeals Court Rules That Virginia Can Regulate Some Wetlands
Federal Agencies Criticized for Inaction on Environmental Justice
NJ to Make Polluters Pay for Total Environmental Costs
CA Official Slams National Forest Management Changes
Rules Don't Slow Aquatic Invaders
New York to Decide Whether Burning Waste Is Renewable Energy
Suburban Sprawl
As large numbers of urban residents move out of cities, suburbs have embraced endless housing developments and strip malls with little long range planning. But uncontrolled sprawl presents more than just an "open space" problem, it also affects our quality of life and the health of all our communities -- wealthy and lower-income, urban, rural, and suburban. Citizens pay for sprawl with longer commutes, higher taxes for infrastructure and public services, and fewer connections with neighbors. States have found effective solutions for sprawl by bringing together unlikely allies -- municipal and county officials; environmentalists and farmers; community leaders and business people. Benefits of curbing sprawl include protecting wildlife, forests, and farmland, improving public health, and preventing urban decay. For more information on how your state can prevent suburban sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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States Want Control over Power Line Decisions (Stateline.org 9/8
<http://www.stateline.org/story.do?storyId=323703>)
The August 14th massive electrical blackout has stimulated much debate over the nation's power transmission system. One of the primary issues of the debate involves the placement of electrical lines. Currently, states have control over the location of electrical lines in their state, but some federal officials would like to transfer the siting authority to the federal government. Advocates of federal control of siting argue that the "not in my backyard" mentality of states has a tendency to inhibit the expansion of the nation's power transmission system, which can result in inadequate line capacity and create stress on the system. They say that federal oversight would increase the efficiency of power line construction. Those in favor of leaving siting authority with the states worry that giving siting authority to the federal government could put the power into the hands of people who are not looking out for state interests. They argue that since it is the states that know their own landscape and understand the local issues, they should be given the chance to settle siting disputes before the federal government intervenes.
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Trumping County Rights -- To Trap or Not to Trap?
The US Sportsmen's Alliance (http://www.ussportsmen.org/) is taking part in a debate in New York State regarding who has the right to regulate trapping -- state wildlife officials or counties. Four separate bills have been introduced. A1531 and S1771 propose that a constitutional amendment be added to the state constitution guaranteeing the right to hunt, fish, and trap. This amendment is similar to ones recently passed in Wisconsin, and introduced in two other states. Even though the bills intend to reaffirm that the state is the entity that regulates trapping, they barely mention this point. The other two bills, A480 and S2901, would empower counties to enact trapping laws that are stricter than the state's standard. The introduction of these bills is in response to three court decisions striking down enacted county laws that were stricter than state laws. A480 and S2901 would allow counties to place stricter limits on trapping -- not eliminate the practice, as the US Sportsmen's Alliance claims. Coincidentally, one week after these bills were introduced, A1531 and S1771 were proposed in an effort to counteract them. Sponsors of the county bills assert their legislation reflects the changing demographics of the counties, and allows local officials to make decisions on issues affecting their municipalities. Sponsors of the constitutional amendment believe that state wildlife officials should make decisions regarding trapping; however, this point is lost in language supporting New York's long hunting history. A constitutional amendment is unnecessary and irrelevant to the debate on whether counties should be allowed to regulate trapping. Adding irony to the debate over trapping is the US Sportsmen's Alliance calling for state wildlife officials to regulate an aspect of hunting.
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Arizona Forest Loss Accelerating (Arizona Daily Star 9/11
<http://www.azstarnet.com/star/Thu/30911forests.html>)
Arizona's forests could be gone in 20 years unless there's a change in management, according to Northern Arizona University professor Wally Covington. The increase in forest fires due to high fuel loads, coupled with an infestation of bark beetles and non-native weeds, is devastating the forests. The underlying problem is an excess of small, young trees that are more flammable. "We need to remove the excess trees, reintroduce periodic low-intensity surface fires, and control aggressive exotic plants" to return forests to a more natural state, Covington told a special legislative panel. Rob Smith of the Sierra Club, speaking to the same panel, emphasized the importance of preserving the oldest 10 percent of trees, which are not only more fire resistant but also more commercially attractive. Both speakers agreed that it is important to address forest health now, given the high cost of fighting wildfires.
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Colorado to Develop Plan to Manage Wolves (Denver Post 9/11
<http://www.denverpost.com/Stories/0,1413,36~53~1624301,00.html>)
The Colorado Division of Wildlife has started the process of deciding how to manage federally protected gray wolves that move into the state. Under state law, wolves cannot be reintroduced into Colorado, but the Division anticipates that wolves may migrate across state lines. Wolves have been sighted near the Colorado-Wyoming border. The management plan will determine where wolves are allowed, and when and how they could be hunted and killed. Two out of three Coloradans favor the presence of wolves in their state, but agricultural interests and the state wildlife commission oppose the endangered predators. For more on wolf management plans, visit: http://www.serconline.org/wolfpreservation/index.html.
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Appeals Court Rules That Virginia Can Regulate Some Wetlands (Virginian-Pilot 9/11
<http://home.hamptonroads.com/stories/story.cfm?story=59547&ran=48404>)
Environmentalists and state officials reacted positively to a recent 4th U.S. Circuit Court of Appeals' decision that should allow Virginia to regulate and require compensation for non-tidal wetlands lost to development. The case questioned both the federal and state ability to protect low-lying forests and fields that are seasonally wet but not connected to navigable waterways. These areas are important as wildlife habitat, pollution filters, and groundwater sources. For more on how your state can protect wetlands, visit: http://www.serconline.org/wetlands/pkg_frameset.html.
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Federal Agencies Criticized for Inaction on Environmental Justice (ENN 9/10
<http://enn.com/news/2003-09-10/s_8272.asp>)
A recently-completed report by the U.S. Commission on Civil Rights faults the Environmental Protection Agency and the Departments of Housing and Urban Development, the Interior, and Transportation for not doing enough to meet federal environmental justice goals. The goals, outlined in an 1994 executive order signed by President Clinton, require all federal agencies to include in their work and programs initiatives on environmental justice, defined by the EPA as "the fair treatment and meaningful involvement of all people" in government actions relating to the environment. Commission chair Mary Frances Berry blamed the current administration for a lack of "commitment to ensuring that low-income communities and communities of color are treated fairly during the environmental process." She expressed concern that "the agencies do not incorporate environmental justice into their core missions, and existing programs are not evaluated" as a result. The commission has yet to decide whether to formally approve the report; one member has cautioned against taking a stand on the issue "too quickly." Interior Department spokesperson Mark Pfeifle responded by stressing that his agency "is dedicated to partnering with cities, tribes, and other groups." For more information about environmental justice, visit: http://www.serconline.org/ej/index.html.
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NJ to Make Polluters Pay for Total Environmental Costs (New York Times 9/10
<http://www.nytimes.com/2003/09/10/nyregion/10POLL.html> - registration required)
New Jersey is about to begin enforcing a law that requires polluters to pay the total cost for restoring damaged natural resources -- not just the cost of cleaning up. The state first developed natural resource damage claim regulations under the Whitman administration. In 2000, New Jersey won an appeals court ruling on the law, dismissing a legal challenge brought by Chevron, Exxon, Mobil, Public Service Electric and Gas, DuPont, and other large companies. However, the companies were able to push through legislation stipulating that all claims must be filed by 2005. That deadline, along with increasing threats to the state's water resources, is why New Jersey is acting to enforce the law now. The state will initially focus on areas where the groundwater has been significantly contaminated. According to the state Department of Environmental Protection, there are more than 3,000 such sites. Some are concerned that the claims could cause companies to leave New Jersey. State Commissioner of Environmental Protection Bradley Campbell explained, "Our natural resources have been diminished far more by the accretion of smaller environmental insults from various sources of contamination, and it would shortchange the public interest if we write off these claims." For more information on holding polluters accountable, visit: http://www.serconline.org/enforce/pkg_frameset.html.
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CA Official Slams National Forest Management Changes (Los Angeles Times 9/9
<http://www.latimes.com/news/local/la-me-sierra9sep09,1,3734354.story?coll=la-headlines-california> - registration required)
"We have been rebuffed, ignored, and rejected, and we're fed up," said California Resources Agency secretary Mary Nichols, regarding federal changes to the management plan for 11 national forests in the Sierra Nevada. She claimed that the U.S. Forest Service ignored state input on the proposed changes. The Forest Service wants to increase the level of logging in the forests by three-fold and reduce habitat protection for many animals, including the spotted owl. Other state officials and environmental groups have also condemned the proposed changes, saying they will effectively end important efforts to restore old-growth ecosystems damaged by more than a century of logging, grazing, and development. The Forest Service believes that the changes are needed to make the Sierra woodlands less prone to wildfires. Nichols, however, said that the Forest Service had ignored a state offer to cooperate on a program to reduce potential wildfire fuel near communities. A final decision on the proposed Sierra forest management changes is expected from the U.S. Forest Service regional forester in November.
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Rules Don't Slow Aquatic Invaders (Spokesman-Review 9/9
<http://www.spokesmanreview.com/news-story.asp?date=090903&ID=s1407763&cat=section.regional>)
Invasive and non-native species carried into ports in the ballast water of ships have been responsible for billions of dollars of damage in the United States and have also created major environmental problems. Some invasive species brought in by ships have no natural predators. These species have the ability to reproduce rapidly, interfering with water pipes and other man-made structures, as well as displacing the native organisms. Currently, all regulations aimed at controlling the transportation of invasive and non-native organisms are voluntary. States require ships to exchange ballast water before entering state ports, but rely on the ships operators to "self-report." A survey published by the "Aquatic Invaders" magazine found widespread falsification of the ballast water reports. The United States Coast Guard, who is in charge of the regulations, is working on ways to make its regulations mandatory and enforce them. For more information about ballast water treatment, visit: http://www.serc.com/ballast/pkg_frameset.html.
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New York to Decide Whether Burning Waste Is Renewable Energy (Sierra Activist 9/9
<http://sierraactivist.org/article.php?sid=33640>)
Is solid waste considered a renewable energy? This is the question facing regulators at New York's Public Service Commission as they adopt new rules requiring that, by 2013, a quarter of the energy produced in the state come from renewable sources. Solid waste, made from a mix of garbage materials such as discarded paper, plastic, metal, and glass can be burned in waste-to-energy plants to produce electricity. Opponents of including solid waste as a renewable energy, including State Attorney General Eliot Spitzer, say that solid waste is not a renewable item, nor does it provide the economic and environmental benefits that renewable sources provide. Opponents also say that the waste-to-energy incinerators used to burn the waste to produce electricity emit high levels of pollutants. Proponents of including solid waste as a renewable energy contend that, with state-of-the-art pollution control equipment, waste-to-energy plants can be clean and also have the benefit of reducing the volume of garbage going to landfills. For more information about renewable energies, visit: http://www.serc.com/biomassdefinition/index.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]