Wildlines Archives
Volume II, Number 43
October 27, 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:
 
 
 
 
 
 
 
 
 
 
Dark Skies
States Sue EPA over Greenhouse Gas Emissions
ALEC's Resolution on Climate Change
 
West Virginia Considers Water Use Law
CA's New Electronics Recycling Law
Oregon's Mercury-Free School Zones
Michigan Is Watching Its Waste
States Need to Consider School Siting to Prevent Sprawl
New Jersey DEP Junks Its Master Map for Builders
Florida Plans to Regulate Artificial Reefs
New Hampshire Utility Fighting Disclosure Law
Georgia: Governor Outlines Green Goals
Oregon Stops Collecting Fee for Pesticide Registry

Dark Skies

According to the International Dark-Sky Association (www.darksky.org), approximately 30% of all U.S. outdoor lighting is being wasted. This translates into the loss of $1.5 billion in wasted electricity and 6 million tons of coal. In a paper titled, "Light Pollution: The Neglected Problem," author John Batinsey cites three night waste energy users: excessive illumination, misaligned or unshielded light fixtures, and inefficient lamp sources. Although outdoor lighting is a small fraction of our overall energy consumption, it is important to recognize the effects it has on the environment and on human activities. Environmental effects include the consumption of unsustainable resources, and the disruption of the daily and seasonal cycles of plants and animals. Human effects include reduced quality of life, increased driving risks from the hazards of glaring light, and decreased recognition of what a starry sky looks like. Excessive lighting worsens our current air pollution woes with increased output from power plants. Many businesses that illuminate their parking lots and the outside areas of their buildings exceed recommended standards by as much as 6 times the minimum amount. Studies by the Department of Justice and the National Institute for Justice have shown no conclusive evidence that lighting is a deterrent to crime. Many states have enacted or have introduced measures to tone down excessive lighting. For more information on what your state can do, visit: http://www.serconline.org/darkSkies.html.

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Headliner: States Sue EPA over Greenhouse Gas Emissions (Seattle Post-Intelligencer 10/24)
http://seattlepi.nwsource.com/local/145307_warming24.html

A coalition of 11 states, 2 cities, and 14 environmental groups filed in federal claims court last week to challenge the EPA's decision in August not to regulate carbon dioxide, a major contributor to global warming, as a pollutant under the Clean Air Act. "We think the EPA should exercise its authority to preserve air quality and protect our nation's economy, environment, and the health of our citizens from the dangerous effects of global warming," Washington Attorney General Christine Gregoire said in a written statement. The EPA had testified multiple times during the Clinton Administration that it had this authority. Connecticut, Illinois, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington are all part of the challenge. More states are expected to join. California is filing a similar claim separately.

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ALEC's Resolution on Climate Change

Alarmed by a flurry of state legislative activity addressing the serious problem of global warming, the corporate-funded American Legislative Exchange Council (ALEC) drafted model legislation entitled, "State Responses to Kyoto Climate Change Protocol" in 1998 and a "General Resolution on Climate Change" in July 2003. The similar model bills both prohibit "the proposal or promulgation of state regulations intended to reduce emissions of greenhouse gases, prior to [federal] ratification of the Kyoto climate change protocol… and enactment of implementing legislation." The international community has developed agreements to reduce heat-trapping greenhouse gas emissions, including the 1992 United Nations Framework Convention on Global Climate Change (FCCC) and its 1997 Kyoto Protocol. The U.S. signed and ratified the FCCC but withdrew from the Kyoto agreement. In support of its global warming bills, ALEC makes unsubstantiated (and disproved) claims, including that the Kyoto Protocol unfairly burdens developed countries and that enactment of policies to meet emissions reduction targets would harm the economy. While Kyoto does require developed countries to take the lead in the worldwide effort to reduce emissions, it obliges all nations to establish greenhouse gas reduction programs and to report on their progress. Moreover, concerns of "unfairness" to developed countries have been addressed through incentives for technology transfer from developed to developing countries, measures allowing international trade in emission "credits," and other articles promoting cooperation between developed and developing countries. With regard to economic repercussions, two comprehensive U.S. government analyses predicted the impact of energy efficiency and renewable energy policies on the economy to be minimal or positive. Moreover, a number of non-governmental studies have reported that the production of energy from renewable sources employs more people than that from coal. ALEC's two global warming bills use bad science, misleading and selective reporting, and a special interest bias to block states from taking action on one of the most important environmental issues today. In the words of the National Academy of Sciences, climate change is real, in large part due to human activities, and likely to have "large, abrupt and unwelcome" effects. ALEC should stop contributing to the problem with its own hot air.

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West Virginia Considers Water Use Law (The Charleston Gazette 10/23)
http://wvgazette.com/section/News/Other%20News/2003102216

Sen. John Unger is working on a compromise that will allow passage of West Virginia's first water use bill. West Virginia is one of the only states in the East without one. Unger says that the law is necessary to protect water resources from being tapped by growing neighbors, including Washington D.C. His goals are to win approval of some sort of water use survey, language declaring the state's waters to be a public resource, and to start organizing for development of a statewide water use plan. To appease industry, the law will not require large water users to seek permits or address water quality in any way. Recently, the negotiations stalled over the Chamber of Commerce's opposition to any registration or reporting of water use. Currently, no one tracks how much groundwater or surface water is being used. For more information on how your state can protect its water resources, visit: http://www.serconline.org/waterconservation/pkg_frameset.html and http://www.serconline.org/groundwaterWithReport/pkg_frameset.html.

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CA's New Electronics Recycling Law (Stateline.org 10/22)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=330806

Gov. Gray Davis signed a bill that funds statewide collection and recycling of e-waste, and requires toxic materials like lead and mercury to be eliminated from electronic products sold in the state by 2007. It also establishes a first-in-the-nation ban on the export of e-waste to foreign countries with less stringent environmental protection laws. Computer and television buyers will pay a $6-10 fee to fund the effort. Cathode ray tubes in the monitors of these products contain lead and mercury and have been banned from landfills since 2001. The EPA estimates that these sources account for 40 percent of lead and 70 percent of heavy metals, like mercury and cadmium, found in landfills. Other states are also concerned with this problem and more than 50 similar, though less comprehensive, bills were introduced in the last legislative session. For more information on electronic waste regulation, visit: http://www.serconline.org/ewaste/pkg_frameset.html.

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Oregon's Mercury-Free School Zones (OEC News Update 10/24)
(No link available)

Last Friday, Oregon's State Board of Education adopted rules removing mercury from schools, in accordance with a 2001 state law. School and local officials and environmentalists cited many concerns justifying the move, including mercury's toxicity, children's susceptibility to mercury poisoning, and high mercury clean-up costs. In addition, reasonably-priced alternatives exist for all instructional uses of mercury and mercury-containing equipment. Mark Taratoot of the Corvallis Public Works Department described the importance of the rule: "Although schools do not constitute one of the largest sources of mercury to the environment, they are places where mercury and children may come together, leading to dangerous and often expensive situations." Oregon's Department of Environmental Quality called the new rules "an important part of DEQ's mercury reduction strategy." For information on how to protect children from dangerous chemicals at school, visit: http://www.serconline.org/chemicals/index.html. For more information on reducing mercury poisoning in your state, see: http://www.serconline.org/mercury/pkg_frameset.html.

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Michigan Is Watching Its Waste (The Detroit News 10/23)
http://www.detnews.com/2003/metro/0310/23/d01-305343.htm

State Senators are trying to get Michiganians to recycle. At just 20 percent of its solid waste, the state's recycling rate is the lowest in its region and one of the lowest in the country. A Senate task force recently released a 64 page report on how to improve the situation. Task force recommendations include a statewide recycling program with clear goals, a ban on beverage containers in state landfills, and a $50 million recycling fund generated by a new $3-per-ton surcharge on truckloads of solid waste. Some 40 pieces of legislation are expected to be introduced in response to the report. While the effort has wide support, some have criticized the task force for not backing an expansion of the state's bottle law. The law mandates a ten-cent deposit on "pop" and beer cans; 95 percent of these containers are currently recycled. Local environmentalists and some legislators want to expand the law to include sports drinks, bottled water, tea, and juice drinks. The task force warned that logistics need to be addressed before an estimated 800 million new containers are added to the system, and recommended the establishment of an advisory council to develop strategies. For more information on bottle bills, visit: http://www.serconline.org/bottlebill/index.html.

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States Need to Consider School Siting to Prevent Sprawl (Greenwire 10/17)

State laws on the location and construction of schools can encourage smart growth -- or contribute to traffic congestion, smog, urban sprawl, and low levels of physical activity. That's what the EPA concluded in its recent report, "Travel and Environmental Implications of School Siting." The report says that many states fund school construction in such a way that new school buildings are favored over the renovation of existing structures. As more land is developed for new schools, housing developments, roads, and utilities follow, sprawl increases, and fewer students bike or walk to school. According to the National Household Travel Survey, less than 16 percent of students walked or biked to school in 2001, as compared to 48 percent in 1969. Some policies are changing: South Carolina passed a law eliminating minimum acreage requirements for schools, and Milwaukee officials chose to expand and renovate existing schools to minimize new construction. On the federal level, healthy schools and smart growth advocates hope that a measure increasing funding for pedestrian safety programs will be included in the next six-year transportation bill. For more information on how to combat sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.

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New Jersey DEP Junks Its Master Map for Builders (Star Ledger 10/20)
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-4/106662666476750.xml

The BIG Map, the New Jersey Department of Environmental Protection's (DEP) blueprint for intelligent growth, has been a matter of contention ever since it was released. The BIG Map designated different areas in terms of their environmental sensitivity. The BIG Map made areas labeled as "sensitive" difficult to develop, and allowed projects in less sensitive areas to be fast-tracked. The BIG Map was criticized by builders, who complained about the building restrictions it put on certain areas, and by elected officials, who complained that it either made development too easy in their area or ignored locally drawn growth plans. DEP Commissioner Bradley Campbell, who was the originator of the BIG Map, has now decided to scrap it. In place of the BIG Map, the DEP will refer to the State Plan Map, which was drawn over a decade ago as part of the New Jersey State Development and Redevelopment Plan. Supporters of the BIG Map and of regional planning say that the BIG Map was not altogether a failure. They say that the release and subsequent abandonment of the BIG Map actually helped move things forward by making the State Plan Map seem much more agreeable to its opponents than it had previously. The DEP plans to propose revisions of the State Plan Map, and create rules that will address growth concerns similar to those addressed by the BIG Map. Dave Pringle of the New Jersey Environmental Federation, and a supporter of the BIG Map, believes that the DEP will still maintain its authority over the State Planning Commission. “DEP has been developing and will continue to develop natural resources data that should be a critical component of where we build," Pringle said. For more information about sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.

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Florida Plans to Regulate Artificial Reefs (Miami Herald 10/20)
http://www.miami.com/mld/miamiherald/news/state/7057395.htm

There are more than 2000 artificial reefs that lie near the coast of Florida. Proponents of the artificial reefs, which are built from anything from wrecked ships to old refrigerators, say that they create valuable habitats for marine life. But some environmentalists worry that the reefs could be contributing to the depletion of some fish. Their concern is that the artificial reefs, which are popular with fisherman, attract fish, making them more vulnerable and, hence, lead to the dwindling of populations of fish such as snapper and grouper. State wildlife officials are drawing up a plan to regulate the construction of artificial reefs and to study their environmental impact. The plan, still in its drafting stage, has been denounced by some environmental groups who say that many of the important conservation measures, which were included in the original draft, have been removed by the Fish and Wildlife Commission appointed by the Governor. According to Marianne Cufone, regional conservation program manager for the Ocean Conservancy, "[The] environmental components have been withdrawn, and they've changed to focus on economics instead of conservation." One of the issues of contention has to do with designated no-fishing zones. The restricted zones, which were intended to help protect the depleted species and allow the environmental impacts of the reefs to be studied, were removed from the plan by the Fish and Wildlife Commission.

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New Hampshire Utility Fighting Disclosure Law (Concord Monitor 10/20)
http://www.cmonitor.com/stories/news/state2003/102003_energy_2003.shtml

Power companies in New Hampshire have been squabbling with the Public Utilities Commission over a law passed more than a year ago. The law requires energy providers to distribute information disclosing the mix of resources in their product, emission levels of pollutants, and a comparison between their average emission levels and those of all other New England power sources. The purpose of the bill is to offer consumers more choices by providing them with information about the energy which they purchase. The Public Service of New Hampshire (PSNH), the state's largest electric utility, argues that the law does not require them to report to all of their customers. PSNH also complains that the reporting guidelines proposed in the law are too strict and costly. The issue is currently before a joint House and Senate rules committee. Similar disclosure laws exist in a number of states including Massachusetts, Maine, Connecticut, and Rhode Island. Proponents of such laws say that they are important tool to help customers make a direct correlation between their consumption habits and the environmental and human health impacts associated with their energy consumption. For more information about environmental disclosure laws, please visit http://www.serconline.org/envirodisclosure/index.html.

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Georgia: Governor Outlines Green Goals (Atlanta-Journal Constitution 10/21)
http://www.ajc.com/metro/content/metro/1003/21perdue.html;COXnetJSessionID=1VdJlVmch1
ETYLSN2GFiARK25Dl2DQV68fGuYvU0CMYGNAhj47Eh!532162539?urac=n&urvf=106675
32891750.7120603075886334

Gov. Perdue announced plans last week that will shape his environmental policy intended to protect Georgia's water and green spaces, in conjunction with introducing his choice to head the state's environmental protection agency. An executive order was issued last Monday to restart the state's failed water planning efforts, with hopes of presenting a water management plan to the legislature by January. A 12-member council, including the commissioners of agriculture and natural resources, will work to balance the growing demands on the state's water supply. Gov. Perdue also announced a statewide land conservation plan which will signal a new attempt at a public-private initiative to identify and preserve critical areas of protection. An advisory panel would be created to inform the governor of necessary actions to preserve areas, especially a review of state law to help convince land owners not to sell their property to developers. For more information on how your state can preserve important pieces of land, visit: http://www.serconline.org/conservationfunding/index.html.

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Oregon Stops Collecting Fee for Pesticide Registry (Oregonian 10/21)
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/106673759829770.xml

In a move that threatens the existence of an innovative pesticide registry program, the Oregon Department of Agriculture (DOA) will cease fee collections from pesticide makers, which are being used to fund a registry of commercial pesticide use. The registry would record the type and amount of pesticides being used by businesses and institutions. DOA officials fault the legislature for not providing enough general-fund money to start the registry. The money appropriated by the legislature must equal the amount collected in fees, and the legislature only contributed $60,000 for the system this biennium. A spokesman for the DOA contends that this amount plus $60,000 collected in fees will employ one person to run the registry through 2004. The DOA needs about $200,000 in state money to finish developing and start the registry. The pesticide director for the Oregon Environmental Council said agriculture department officials can and should continue collecting and using the fee money because the law is legally in effect.

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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]