Wildlines Archives
Volume II, Number 38
September 22, 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:
 
 
 
 
 
 
 
 
 
Crafting a Clean and Sustainable Energy Policy
New York Senate Approves Brownfield Legislation
ALEC Report on Ecological Terrorism
 
California Assembly Votes to End Ag Air Exemption
Religious Leaders Urge Oregon to Make Fleet Eco-Friendly
Caucus Forms to Protect Great Lakes
California Bill Could Block Logging
Indoor Pollution Common
US Administration, California Clash over Environmental Policies
Study Shows Massive Tree Loss in Cities
Businesses Seek to Trump Vermont Legislature on Permit Reform
Four States, NRDC Coalition Sue over Pesticides in Children's Foods
Crafting a Clean and Sustainable Energy Policy
Energy fuels our nation's growth, makes industrial production possible, heats and powers our homes, and makes transportation work. Energy is what makes the modern economy possible, but at what cost? Currently the demand for fossil fuels increases each year, with public health implications and increased global warming. Alternative energy sources -- solar, wind, and biomass -- would alleviate impacts from pollution such as acid rain and smog. Renewable energy sources need to comprise a significant portion of our current and future energy consumption. With sufficient planning and investment we can insulate ourselves from both current and future disruptions in the global energy supply. The clean energy report can help your state craft an effective energy policy with innovative provisions including pollution control, renewable portfolio standards, distributed generation, and green power mandates. For more information on how your states can implement these provisions, visit: http://www.serconline.org/cleanenergy.pdf.
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New York Senate Approves Brownfield Legislation (NY Times 9/17)
<http://www.nytimes.com/2003/09/17/nyregion/17LEGI.html?pagewanted=1>
The New York Senate voted this week to approve AB 9120 that will result in the rehabilitation of approximately 10,000 blighted sites across the state. New York remained one of the few industrialized states in the nation with no law to regulate the clean-up of privately owned brownfields -- abandoned industrial sites that are contaminated with chemicals, fuels, or other pollutants. The issue had become linked with the state Superfund program, which provides money to the worst toxic sites. Albany's political leaders allowed money for the Superfund program to run out in March 2001, with hundreds of tainted sites awaiting clean-up. Over the next decade it is estimated that the measure will pump $120 million a year into the state's Superfund program from industry fees and state tax dollars to clean up 800 abandoned industrial sites in the state including 102 in New York City. The legislation expands what is covered under the Superfund program to include sites with hazardous substances, not just toxic waste. The brownfields portion of the bill provides for $135 million in tax credits for developers who voluntarily clean up a site for residential, industrial, or commercial use, and $15 million in grants for community groups to identify and plan options for use. According to Mark Izeman, senior attorney at the Natural Resources Defense Council, the bill reflects a number of compromises, but "incorporates among the strongest public health provisions of any state brownfields law." For more information on brownfields, visit: http://www.serconline.org/brownfields/index.html.
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ALEC Report on Ecological Terrorism
The American Legislative Exchange Council (ALEC) (http://www.alec.org) published a report last week, titled "Animal & Ecological Terrorism in America," that would make most legitimate non-violent protest illegal and prosecutable as animal or eco-terrorism. The report reviews the history of animal and ecological terrorism worldwide and proposes model legislation to combat this type of terrorism. The report begins by attempting to define the history of two fringe groups -- Animal Liberation Front (ALF) and Earth Liberation Front (ELF). It then promotes a revised version of their model legislation titled the "Animal and Ecological Terrorism Act." ALEC promotes this legislation as a way to combat vandalism and arson, even though all states already have legal structures in place to prosecute individuals who commit these criminal acts. Among the new provisions of the model bill is the inclusion of optional language defining "politically motivated" as "any activity where the principal purpose is to influence a unit of government to take a specific action or to persuade the public to take specific action or to protest the actions of a unit of government, corporation, organization or the public at large." Simply put, any expression of dissent directed at a company or branch of government fits the "politically motivated" criterion for ecological terrorism under this act. An "animal or ecological terrorist organization" is defined as a group that consists of "two or more persons with the primary or incidental purpose of supporting [politically motivated] activity through intimidation, coercion, force, or fear..." but without defining what would constitute "intimidation, coercion, force, or fear." Furthermore, the model legislation does not distinguish between a member of a terrorist organization and a misguided youth. The report makes sweeping generalizations intended to exploit feelings of vulnerability and fear such as evoking the specter of al-Queda and suggesting that animal terrorists will begin "cutting throats." ALEC also boldly states, without any evidence, that mainstream animal and environmental groups make backdoor contributions to support illegal activities of animal and environmental terrorist groups. At its worst, the report links all environmental organizations together and assumes all are breaking the law. It uses terrorist attacks and ill-supported assumptions to justify legislation that duplicates current law and implicates legitimate expressions of dissent. Some form of the model bill was introduced in six states last year and saw limited success as most did not make it out of committee. In spite of those failures, ALEC persists in its attempts to promote this insidious legislation in legislatures across the country. For more information on model legislation developed by ALEC, see SERC's "ALEC Watch" series at http://www.serconline.org/alecIndex.html.
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California Assembly Votes to End Ag Air Exemption (Mercury News 9/16)
<http://www.bayarea.com/mld/mercurynews/living/health/6783587.htm>
Agricultural sources are responsible for more than 25 percent of the air pollution in the Central Valley of California. For decades farmers have been exempt from regulations because of provisions in the federal Clean Air Act. But the passage of a new bill by the California State Assembly will end the exemption. The bill will require farms to implement control measures to reduce or eliminate air pollution resulting from various farm related activities. The bill will also establish new state operating permits for large dairies and feedlots.
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Religious Leaders Urge Oregon to Make Fleet Eco-Friendly (Statesman Journal 9/19) <http://news.statesmanjournal.com/article.cfm?i=67944>
Religious leaders presented a report of the Oregon Interfaith Global Warming Campaign to Secretary of State Bill Bradbury. The report urges Oregon to convert the state government fleet of about 8,000 light-duty vehicles and 3,000 to 4,000 heavy-duty vehicles to hybrids and other fuel-efficient vehicles. The religious leaders said there is both a moral and practical value to reducing oil consumption and air pollution. "We know that caring for the Earth is a profoundly spiritual matter" and "if we can do anything that saves state dollars for other purposes as well as care for God's creation, it is our obligation to stand here and do so," said Mark Knutson, president-elect of Ecumenical Ministries of Oregon and senior pastor of Augustana Lutheran Church in Portland. For more information about the use of alternative fuel vehicles, visit: http://www.ccities.doe.gov/afvinfo.shtml.
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Caucus Forms to Protect Great Lakes (Stateline 9/16)
<http://www.stateline.org/story.do?storyId=324938>
State and provincial lawmakers have pledged more cohesive management policies for the Great Lakes by launching the Great Lakes Legislative Caucus. Representatives from Michigan, Pennsylvania, Illinois, Wisconsin, Indiana, New York, Ohio, Minnesota, Quebec, and Ontario met for the first time last month in Milwaukee, WI at the Council of State Governments' Midwestern Legislative Conference. The caucus will unify regulation, and streamline research and data-sharing efforts among the states and provinces. This cooperative approach will focus on reducing water pollution, controlling exotic species, and regulating water withdrawals.
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California Bill Could Block Logging (LA Times 9/16)
<http://www.latimes.com/news/local/la-me-water16sep16,1,6393774.story?coll=la-headlines-california> (Registration Required)
The state legislature has forwarded Gov. Gray Davis an important bill that would protect waterways from harmful logging effects such as sediment dumping. The legislation, passed by Senate Leader John Burton, would give regional water quality boards the authority to review and block logging projects that could jeopardize streams and rivers. The new law would alter logging regulations so that the department of forestry "is not calling all the shots," said Karen Douglas, general counsel for the Planning and Conservation League. The timber industry, citing costly delays and bureaucratic gridlock, is lobbying for a veto by the governor.
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Indoor Pollution Common (LA Times 9/16)
<http://www.latimes.com/news/nationworld/nation/la-na-homes16sep16,1,4382039.story?coll=la-home-todays-times> (Registration Required)
The first major study of indoor contaminants finds 67 toxic chemicals in household dust and air, including insecticides and flame retardants. Most of the chemicals come from plastics, cosmetics, and cleaning detergents. Nine toxics were found in every home, a shocking prevalence, and several of these were endocrine disrupters that are believed to alter reproduction and development of sex characteristics. The abundance of this exposure may guide research in the environmental toxicology of breast and testicular cancer. The study also showed that toxics may linger for longer periods indoors -- DDT, banned 30 years ago, was found in 65% of the homes tested. "This is a wake-up call," said Linda Birnbaum, chief of experimental toxicology at the U.S. Environmental Protection Agency. "These chemicals are all over, and are these things that we really want all over? That's the question we have to address." The research was conducted in 120 residential Cape Cod homes by the Silent Spring Institute of Newton, MA, and Harvard University's School of Public Health. For more information on endocrine disruptors, visit: http://www.serconline.org/endoDisrupt.html.
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US Administration, California Clash over Environmental Policies (LA Times 9/14) <http://www.latimes.com/news/science/environment/la-me-calenviro14sep14000421,1,745145.story?coll=la-news-environment> (Registration Required)
Federal officials, faulting California for overstepping its authority and acting in opposition to national policy, have recently challenged a number of state environmental rules. In late August, the U.S. Justice Department backed oil companies and engine manufacturers seeking to overturn South Coast Air Quality Management District (AQMD) regulations in a pending Supreme Court case. The AQMD policy is intended to promote the use of alternative fuels in a wide range of vehicles. Last month, the EPA announced that the Clean Air Act disallows state regulation of carbon dioxide emissions, which are linked to global warming. California, which passed a law regulating carbon dioxide emissions from motor vehicles last year, plans to sue the federal government in a bid to reverse the EPA decision and have carbon dioxide recognized nationally as a pollutant. In response to the federal weakening of the "new source review" policy requiring factories and powered plants to add emission controls when making renovations, a California state senator has introduced a bill allowing the state to continue implementing the previous, more rigorous standards. While California's and the Bush administration's environmental philosophies have never been close, actions to address worsening smog in southern California and Governor Gray Davis' increased attention to environmental issues in the face of the recall challenge have widened the divide. For more information on state enforcement of environmental policies, visit: http://www.serconline.org/enforce/pkg_frameset.html.
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Study Shows Massive Tree Loss in Cities (Planet Ark 9/18)
<http://www.planetark.org/dailynewsstory.cfm/newsid/22281/story.htm>
According to a study released by American Forests, U.S. cities have lost 21 percent of their trees in the last 10 years. The study estimates that the tree loss has cost the nation $234 billion due to environmental and health problems. According to Gary Moll, Vice President of American Forests, trees help preserve water and prevent flooding, remove air pollution, and cool the environment. The report found that urban deforestation was a problem across the country, but was especially bad in the fast-growing cities in the Sun Belt. For more information about urban environmental issues, visit: http://www.serconline.org/urbanissues.html.
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Businesses Seek to Trump Vermont Legislature on Permit Reform (Rutland Herald, 9/19) <http://www.rutlandherald.com/News/Story/71764.html>
Complaining that the state legislature's effort to reform Vermont's land use permit process is taking so long that it is effectively keeping jobs out of the state, business groups and developers threw their support behind proposals offered by the state Environmental Board. Changes to the law in question, known as Act 250, were considered by the legislature during its 2003 session. Governor James Douglas asked lawmakers to meet over the summer to resolve differences between House and Senate Act revisions, which they did. According to Senate Natural Resources Committee chair Virginia Lyons, the conference committee just needs a little more time. Environmentalists and Democrats oppose the Environmental Board proposals, which would limit who can participate in the permit appeals process, limit appeals for non-adjacent property owners, reduce the time someone, judged not to be a party to the process, has to appeal that judgment, and introduce a "summary judgment" mechanism. A local Conservation Law Foundation attorney said the proposals "would severely curtail citizen participation and severely compromise protection of Vermont's environment." The Governor has offered to support a one-day special session, and has reiterated his intention to resolve the issue before the next legislative session.
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Four States, NRDC Coalition Sue over Pesticides in Children's Foods (NY Times 9/16) <http://www.nytimes.com/2003/09/16/nyregion/16SUIT.html>
The Attorneys General of New York, New Jersey, Connecticut, and Massachusetts filed suit against the EPA last Monday, claiming the agency is failing to protect children from dangerous pesticides. A similar lawsuit was filed the same day in the same New York City federal district court by a coalition of conservation, public health, and farm worker organizations led by the Natural Resources Defense Council. The lawsuits hinge on the 1996 Food Quality Protection Act, which dictates strict limits on pesticide use and pays special attention to children. Since children are significantly more susceptible to toxins than adults, the Act sets pesticide levels for foods commonly eaten by children at ten times lower than the levels considered safe for adults. At issue are pesticides used on foods like peanuts, apples, bananas, and corn. One year ago, an independent scientific review panel found that the EPA was not applying the tenfold safety factor when considering the risks of organophosphate insecticides, which are among the most toxic pesticides available. The lawsuits were a follow-up to a successful 1999 NRDC challenge that forced the EPA to review the safety of specific high-risk toxic pesticides. EPA spokesperson David Deegan said it was too soon to respond to the suits, but added that "some of our efforts to achieve the milestones laid out in the 1996 law are several years away from completion." For more information on safe health standards for children, visit: http://www.serconline.org/childrensHealth/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]