Wildlines Archives
Volume II, Number 41
October 14, 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:
 
 
 
 
 
 
 
 
 
Clean Power
California: Testing People for Pollutants
ALEC's Model State Data Quality Bill
 
Maine: Conservation Easement to Protect River System
States Lead in Global Warming Fight
Delaware: Environmental Public Hearing Rules at Issue
Maine: Sprawl Threatens Way of Life
Montana Sued over Coal-Bed Methane Drilling
Massachusetts: Land Preservation Funds Threatened
New Hampshire: Big Oil and Clean Water Don't Mix
Wisconsin: Bill to Repeal Smart Growth Law
California: Restricting State Use of SUVs

Clean Power

Most Americans think of electricity as "clean" and are shocked to learn that power plants are the single worst industrial contributor to air pollution in the United States. Power plants contribute 70% of the sulfur dioxide emissions (SO2), 33% of nitrogen oxide emissions (NOx), 23% of mercury emissions, and 35% of man-made carbon dioxide (CO2) emissions. When the federal Clean Air Act was enacted over 30 years ago during the Nixon Administration, big utility companies successfully lobbied against stringent controls by saying the oldest, dirtiest power plants would soon be replaced by new state-of-the-art facilities. Many of those out-dated facilities, which were already old in 1970, are still in use. In some cases, power plants from 1922 are still in operation and do not meet the environmental requirements that every new facility must follow. Because of this 1970 loophole in the law, dirty plants have been "grandfathered" from following the air pollution controls required by the Clean Air Act for new power plants. These old plants "legally" pollute the air at rates of 2 to 13 times higher than new plants with modern emissions controls. It is now up to the states to plug this loophole. The Clean Power Act will eliminate the loophole and cut power plant emissions of the four major pollutants (SO2, NOx, mercury, and CO2). For more information on how your state can implement the Clean Power Act, visit: http://www.serconline.org/clean/index.html.

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California: Testing People for Pollutants (LA Times 10/6)
http://www.latimes.com/features/health/la-he-biomonitoring6oct06,1,1246713.story
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California SB 689, written by Sen. Deborah Ortiz and sponsored by the Breast Cancer Fund, a nonprofit health advocacy group, would make California the first state in the nation to regularly test mothers' milk for dangerous chemicals. The bill, which proposes a two-year biomonitoring program, passed a Senate committee before stalling. It will be reviewed in January. "Biomonitoring is telling us what's in our bodies and are [the levels of those toxic substances] going up or down -- are there things we need to worry about?" says Kim Hooper, a state scientist who is co-directing a biomonitoring study in Torrance, the Central Valley, and Marin County. That study would be expanded statewide if the bill passes. Such a study could point out trends in chemical exposures, identify disproportionately affected communities, link exposures to disease, assess the effectiveness of current regulations, and set priorities for research and legislation. Previous biomonitoring studies have detected more than 200 toxic substances in breast milk. More than 85,000 synthetic chemicals have been introduced in the last 50 years for industrial, farming, and other uses, yet more than 90% of them have not been tested for their effects on human health. However, studies have linked 46 chemicals to mammary tumors in animals, according to the National Toxicology Program.

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ALEC's Model State Data Quality Bill

The Model State Data Quality bill is an attempt by ALEC to push an anti-science agenda in states that will suppress legitimate scientific findings and allow corporate interests to push their agendas through. This bill is one of two bills the Center for Regulatory Effectiveness is pushing. The State Data Quality bill is modeled after the ominous Federal Data Quality act that is currently being used by the Competitive Enterprise Institute, a conservative Washington DC think tank, to suppress climate change data. ALEC alleges one of the purposes of the act is to "require that agencies of this State which disseminate information to the public that is likely to influence their decisions, choices, rights, or duties attempt to ensure and maximize, consistent with available resources and considering the costs and benefits involved, the quality, objectivity, utility, and integrity of such information." Simply stated, only a few individuals will determine whether or not data is legitimate, and the data may never be released because it may be deemed too expensive. Why would individuals seek to withhold data that states a company is not in compliance with environmental regulations or a chemical found in water supplies is at levels too high for safe consumption? The model goes on to say that, "all information disseminated by an agency shall be subject to standards of quality that are appropriate to its significance, type, and timeliness," and this explains little as to who considers the data to be legitimate. This is in sharp contrast to the federal law which regulates which categories of data may be subjected to a quality provision. Another provision asks that if the data being circulated is found to violate the principles of this act its circulation must stop immediately. In an age where agencies need to be able to share vital information, it is important not to place barriers on communication. This act is clearly unnecessary and is an attempt to suppress data that reflects poorly on ALEC's favored 'environmental' policies.

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Maine: Conservation Easement to Protect River System (Boston Globe 10/10)
http://www.boston.com/news/local/massachusetts/articles/2003/10/10/agreement_to_protect_river_system/

A $7.8 million conservation easement and land purchase agreement will be used to protect one of the Northeast's least developed river systems and stems from the cooperation of a number of organizations, including International Paper (IP). The agreement will protect approximately 25,000 acres along the Machias River and several of its down east tributaries. Eighteen thousand four hundred forty-three acres will be protected under the conservation easement and the remaining 6,400 acres will be purchased outright. IP will continue to own the forest land and lease lots, but allow the public access to the land. A number of species are being protected under the deal including moose, wild turkeys, and black bears. Additionally, 86% of the Atlantic salmon habitat within the Machias River system, one of the country's most important spawning and nursery habitats for the federally recognized endangered species, will be protected. For more information on how your state can protect valuable habitat, visit: http://www.serconline.org/conservationfunding/index.html.

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States Lead in Global Warming Fight (Christian Science Monitor, 10/10)
http://www.csmonitor.com/2003/1010/p01s03-usgn.html

As the Bush Administration refuses to participate in Kyoto Protocol negotiations and Congress is considering a revision to the Energy Policy Act that would greatly expand fossil fuel production and greenhouse gas emissions, states are creating their own programs to combat global warming. Ten states are even taking the federal government to court for its failure to effectively and comprehensively address greenhouse gases. California, Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, Oregon, Washington, and Vermont are expected to sue the Environmental Protection Agency (EPA) over its decision not to regulate carbon dioxide as a pollutant under the Clean Air Act. California is leading the effort in part because it feels that the EPA's decision will make it easier for the automobile industry to attack the state's innovative law restricting vehicle emissions. For more information on how your state can craft a clean and sustainable energy policy, read our report at http://www.serconline.org/cleanenergy.pdf.

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Delaware: Environmental Public Hearing Rules at Issue (Newszap.com 10/9)
No link available

Environmental officials in Delaware have garnered much criticism about the way in which they have been conducting public hearings. Environmental organizations and citizens of Delaware have complained that officials conducting public hearings have intentionally constrained the public's ability to voice their opinion on environmental issues. Alan Muller, the executive director of Green Delaware, has called the officials' efforts to curtail public comment, "[o]ne of the most dangerous assaults to democracy that's occurring in Delaware." As a result of the criticisms, the Department of Natural Resources and Environmental Control (DNREC) is developing guidelines to govern how public hearings are carried out. A number of environmental organizations, including Sierra Club and Green Delaware, have submitted recommendations for the DNREC, but DNREC deputy secretary David Small said that the guidelines would be developed internally.

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Maine: Sprawl Threatens Way of Life (Portland Press Herald 10/8)
http://www.pressherald.com/news/state/031008sprawl.shtml

At the first annual meeting of GrowSmart, a statewide organization dedicated to reducing sprawl, Governor John Baldacci of Maine announced his campaign to curtail sprawl in the state. According to Gov. Baldacci, sprawl poses a threat to the state's waterfronts, coastlines, forests, farms, countryside, and "Maine's way of life." Along with the environmental dangers which sprawl poses, it also costs the state an estimated $50 million each year to expand public services to the new developments. In order to combat the problem of sprawl, Gov. Baldacci has directed the State Planning Office to produce a smart growth agenda by January. The agenda will include programs to create affordable housing, prevent the loss of additional farm and forest land, and encourage centralized growth. Acknowledging that growth is important for Maine, Gov. Baldacci said, "We simply need to guide where it occurs... to promote the Maine way of life." For more information about suburban sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.

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Montana Sued over Coal-Bed Methane Drilling (Missoulian 10/7)
http://www.missoulian.com/articles/2003/10/08/mtracker/news/68methane.txt

The Northern Plains Resource Council is suing the state of Montana over coal-bed methane development, saying that it wastes groundwater and harms the environment. The suit, filed against Department of Environmental Quality, Board of Oil and Gas Conservation, and Department of Natural Resources and Conservation, seeks a moratorium on coal-bed methane drilling until better controls are instituted to minimize air pollution, water use, and other environmental effects. "There are ways to develop coal-bed methane resources without harming the land and the water and the air and the fabric of our farming and ranching," attorney Jack Tuholske said Tuesday.

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Massachusetts: Land Preservation Funds Threatened (Boston Globe 10/6)
http://www.boston.com/news/local/massachusetts/articles/2003/10/06/senator_says_funds_for_land_threatened/

The chair of the Senate's Natural Resources and Agricultural Committee, along with environmentalists, alleges that spending, for an initiative to preserve open space, is being slashed. The program has preserved over 200,000 acres from development since 1991. Currently, Massachusetts loses about 40 acres of land per day to development, according to Erin Rowland of the Massachusetts chapter of the Trust for Public Land. Earlier it was estimated the $70 million would have been available for preservation programs under a 2002 bond bill for capital expenditures. A spokesperson for Gov. Romney said that money would be available for this fiscal year, but it was undetermined as to the amount that would be available. However, indications recently have led many environmentalists to believe that little money will be available to preserve open spaces. For more information on how your state can protect open spaces from development, visit: http://www.serconline.org/conservationfunding/index.html.

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New Hampshire: Big Oil and Clean Water Don't Mix (Concord Monitor 10/7)
http://www.cmonitor.com/stories/news/state2003/mtbe%5Fsidebar%5F2003.shtml

On October 6th, New Hampshire's Attorney General filed suit against 22 of the largest oil companies in the U.S., alleging that they are responsible for contamination of the state's groundwater supply. The state claims that a chemical component of gasoline added in order to reduce air pollution, methyl tertiary butyl ether (MtBE), is seeping into its groundwater. The suit seeks unspecified clean-up costs and damages. MtBE is a bigger problem for New Hampshire than other states for two reasons: 60 percent of residents get their drinking water from groundwater supplies, and the state's geology -- abundant fractured rock -- increases the rate at which and likelihood that pollutants will seep into groundwater. The New Hampshire lawsuit was filed as the U.S. Congress debates an energy bill containing an exemption for oil companies from liability if gasoline additives like MtBE pollute groundwater supplies. But state officials say they're not trying to influence national policy. New Hampshire senior assistant attorney general Maureen Smith stated simply, "MtBE does not belong in our drinking water."

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Wisconsin: Bill to Repeal Smart Growth Law (Wisconsin State Journal 10/5) http://www.madison.com/wisconsinstatejournal/local/58196.php

Wisconsin's Smart Growth program has the support of environmentalists, real estate agents, builders, and town and city governments. But at least one state legislator wants to abolish it. Representative Mary Williams recently introduced AB 435, which would repeal Smart Growth without offering any alternative for statewide planning. Williams says the program is intrusive and expensive for small, rural towns. "They want to plan when they're good and ready to plan," she stated. Since 2000, the Smart Growth program has awarded communities across the state a total of 546 grants to implement local plans containing nine elements, including housing, transportation, agriculture, land use, economic development, and natural and cultural resources. Under the program, most local governments are required to have comprehensive plans in place by 2010. Smart Growth supporters are willing to make changes to accommodate smaller towns; Representative Sheryl Albers will introduce legislation reducing planning requirements for communities with less than 22 people per square mile. For more information on planning to avoid sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.

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California: Restricting State Use of SUVs (San Jose Mercury News 10/2) http://www.bayarea.com/mld/mercurynews/news/local/6919929.htm

Outgoing Gov. Gray Davis is taking several steps to protect California's air quality before he leaves office. He announced recently that he would sign a bill that limits the number of SUVs that the state can purchase or lease. The measure, written by Senator John Burton, eliminates all non-essential SUVs from California's fleet by 2005. The State Treasurer's office estimates that the move will save $14.3 million. Davis also signed a bill encouraging state agencies to buy low-rolling-resistance tires, which improve gas mileage. He will also begin the process to allow hybrid vehicles to use carpool lanes. For more ways your state can save money and help the environment at the same time, visit: http://www.serconline.org/greenscissors.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]