NY Signs Timber Theft Law (ENS 10/1)
http://www.ens-newswire.com/ens/oct2003/2003-10-01-09.asp
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Governor George Pataki signed legislation that increases the penalties for timber theft and announced the availability of $645,000 in financial, educational, and technical assistance for owners of private forests in New York. Provisions of the law, which takes effect March 1, 2004, will prohibit the cutting, removal, injury, or destruction of any trees or timber or other property on state lands or private lands without consent of the owner, and make such actions eligible for prosecution as a Class A misdemeanor. The measure will increase the penalty from $10 per tree to $250 per tree and/or treble damages based on the current fair market value of a tree as it stands prior to the time of sale, cutting, or removal, in addition to potential reparations paid to the rightful owner. The new law helps encourage the practice of forestry on public and private lands by establishing a Right to Practice Forestry. The initiative is similar to New York's Right to Farm law and will help ensure that legitimate, and sustainable, forestry activities are not restricted or banned by local regulations or ordinances.

A task force charged with crafting an energy policy for Delaware has presented Governor Ruth Ann Minner with nine strategies for the state's energy future, from reducing consumption to promoting more renewable energy sources. The task force's recommendations include requiring the state government to consider energy efficiency as a factor in state purchasing, encouraging clean and renewable energy generation, and mandating that 2% of the diesel fuel used in the state be from biodiesel. One of the high priority recommendations of the task force is to allow electricity customers to purchase "green energy." The task force also suggests that residential and commercial building codes be updated to mandate energy efficiency, the state address the issue of transmission congestion, and an energy advisory council be created to monitor Delaware's energy systems. For more information on how your state can craft a sustainable energy policy, visit: http://www.serconline.org/cleanenergy.pdf.

Although wolf populations, with the help of conservation measures of the Endangered Species Act, have begun to make a comeback in some areas, their future remains uncertain. Previously, wolves were on the endangered species list, granting them protection under federal law. The U.S. Fish and Wildlife Service has recently decided to down-list the wolves' status from "endangered" to "threatened." This move gives state governments the power to manage wolves in their states. Seventeen conservation and wildlife-protection groups have filed suit in the U.S. District Court in Portland, OR, challenging the Bush Administration's decision. The groups filing the suit argue that the wolf population is not yet secure, and federal protection is still necessary in order to ensure its continued existence. Those opposing the administration's decision also worry that because of the open hostility that many states have toward wolves, allowing state management would put them at greater risk. Many states, in anticipation of the down-listing of wolves, have already established plans to manage the wolf populations that would utilize lethal control measures, including hunting and trapping. To learn more about the issue of wolf preservation, visit: http://www.serconline.org/wolfpreservation/index.html.

As giant carp move up the Mississippi River and into Iowa, Minnesota natural resource officials search for ways to prevent the incursion of the invasive fish. Bighead carp and Asian silver carp were first introduced in North America for the purpose of consuming algae in ponds used by fish farmers in the southern states. The carp, which can weigh nearly 100 pounds and eat plankton, escaped into the Mississippi River in the 1980's and have since posed a major threat to native species along the river. Strategies to prevent the invasion of the carp include possible construction of a fish barrier and education efforts, which have proven successful at managing other invasive species. For more information about issues regarding the spread of invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html.

Illegal building activity, including tree cutting and plant removal, has contributed to the degradation of the banks of the Chesapeake Bay. Weak penalties, amounting to fines not more than $2000, have failed to deter builders and landowners in the area from disobeying the state laws governing building activity in this critical area. After witnessing the damage resulting from the illegal building while on a river tour of the area, members of the Joint Committee on the Chesapeake and Atlantic Coastal Bays Critical Area were determined to strengthen the state laws governing building regulations on the coast. Among those on the tour were Sen. Roy P. Dyson, Barbara A. Frush, and County Councilwoman Barbara D. Samorajczk. For more information on enforcing environmental laws, visit: http://www.serconline.org/enforce/pkg_frameset.html.

At a press conference last week, Gov. James E. McGreevey asked citizens to vote in favor of a referendum on Nov. 4th that would allocate increased funds for open space. The referendum would increase the bonding trust of the Garden State Preservation Trust by 150 million without increasing taxes. This money would be used to create parks and preserve open space, historic sites, and farmland. "Every park we improve, every river we protect, every farm we preserve is one less place that can be attacked by sprawl," said McGreevey. To find out more about how your state can stop sprawl and protect open space, visit: http://www.serconline.org/sprawl/pkg_frameset.html and http://www.serconline.org/conservationfunding/index.html.

NC Environmental Groups Push to Curtail Coastal Building (ENS 9/29)
http://www.ens-newswire.com/ens/sep2003/2003-09-29-09.asp
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Three environmental groups -- the Carolinas Office of the Southern Environmental Law Center, Environmental Defense, and the North Carolina Coastal Federation -- have asked North Carolina's governor to issue a temporary moratorium on new coastal development. The delay on approving building permits is necessary until the approval process can be more responsive to recommendations made in 1997 by the North Carolina Coastal Disaster Recovery Task Force. The key suggestions include: a requirement that property for sale on barrier islands include full disclosure of coastal hazards; restrictions on state subsidies to support development in high hazard areas; and creation of a state property acquisition program in hazard sites. These recommendations are sought to minimize storm destruction, such as the devastation caused by recent hurricane Isabel.

Kansas could theoretically provide 40% of U.S. electricity, which makes the state's wind resources greater than Saudi Arabia's oil reserves, says a wind energy expert. Randy Swisher, the executive director of the American Wind Energy Association, said that, although this realistically won't happen any time soon, it shows the possibility of future development. With nearly half of its land fit for potential wind farms, Kansas could be the key player in this emerging energy sector. The biggest constraint to the industry is a lack of a distribution framework to other parts of the country. However, as much as 6% of energy in the U.S. could be produced by wind in the next twenty years. For more information, see our "Crafting a Clean and Sustainable Energy Policy in Your State" report at http://www.serconline.org/cleanenergy.pdf.

The Residents' Committee to Protect the Adirondacks, the Adirondack Mountain Club, the Association for the Protection of the Adirondacks, and the Adirondack Council all agree: New York's Department of Environmental Conservation needs to address the use of off-road vehicles in state forest preserves now. The Department began considering an all-terrain vehicle (ATV) off-road policy for the Catskill and Adirondack regions last year. The Residents' Committee's Peter Bauer said that, although ATVs are "shredding" the land, "for more than a year nothing has happened and the forest preserve continues to suffer." The Department has responded to critics by saying it continues to work to develop an ATV policy, but that it will take some time since the issue is sensitive and complicated. The current unofficial policies vary between different regions. In the northern and western Adirondacks, ATV use is widely allowed, even in areas where such activity may conflict with the State Land Master Plan. In the High Peaks and central and southern Adirondacks, ATVs are not allowed off-road. An additional effect of the Department's delay is that a number of management plans covering the Adirondacks, which were ordered by Governor George Pataki, are on hold until an official ATV off-road policy is in place. For more information on policies promoting responsible off-road vehicle use, visit: http://www.serconline.org/orv/pkg_frameset.html.

New Jersey is the most densely-populated state in the U.S., and some predict it may become the first state to become "built out" in the next 20 to 50 years. But large conservation projects are underway to preserve New Jersey's important wetlands and wildlife habitats. In the south of the state, the West Cape May Environmental Commission is working to protect a network of 1,500 acres of greenspace called the Ocean to Bay Greenway. Some 1,200 acres are already preserved in two wildlife refuges. The area not currently protected, though, is the greenway core. When completed, the greenway will link the Delaware Bay with the Atlantic Ocean and be the first of its kind on the East Coast. The New Jersey cape is important to migratory species, providing a natural "rest area" for millions of raptors, songbirds, shore birds, butterflies, dragonflies, and other species during their fall voyage south. The region is also home to the largest concentration of the endangered southern gray tree frog in the state. West Cape May residents will vote November 4th on a proposed one-cent property tax rate increase to fund conservation and outdoor recreation projects. Other conservation efforts in the area include the Trust for Public Land's 70-mile greenway from the Delaware River to the Barnegat Bay in New Jersey, and a proposed 2,600 mile East Coast Greenway that would parallel the Appalachian Trail but run through towns and cities. For more information on funding conservation efforts, visit: http://www.serconline.org/conservationfunding/index.html.

Each year the environmental community comes together to honor individuals who have dedicated their time and energy to protecting our nation's precious wetlands. The 2004 Awards will be given in six new categories: Education and Outreach; Science Research; Conservation and Restoration; Landowner Stewardship; State, Tribal, and Local Program Development; and Wetland Community Leader. The National Wetlands Awards Program honors individuals from across the country who have demonstrated extraordinary effort, innovation, and excellence through programs or projects at the regional, state, or local level. Program co-sponsors -- the Environmental Law Institute, U.S. Environmental Protection Agency, U.S.D.A. Forest Service, U.S. Fish and Wildlife Service, NOAA Fisheries, and Natural Resources Conservation Service -- believe that rewarding these efforts helps ensure that future generations will have quality wetlands, biological diversity, and clean water. Nomination forms for the 2004 National Wetlands Awards Program are now available. To download the nomination form, please visit the Environmental Law Institute website at http://www.eli.org/nwa/nwaprogram.htm. The deadline for submitting nominations is December 15, 2003. Organizations and federal employees are not eligible. For more information or questions about the National Wetlands Awards Program, please e-mail [email protected], or contact Erica Pencak at 202-939-3822.