Wildlines Archives
Volume II, Number 44
November 3, 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:
 
 
 
 
 
 
 
 
 
 
Groundwater Withdrawal Reporting
Hawaii: County Authority Sought for Mass Transit Tax
Industry-Funded Research on the Rise at U.S. Universities
 
New York Helps Farmers Implement Conservation Measures
Pressure Grows to Phase Out PBDEs
Oregon: New Phase of Brownfield Development – Portfields
Georgia PIRG Says State Has Dirtiest Power Plants
Montana: Cyanide Ban Lands in Top Court
New Mexico: The West Wants Clear Air
North Carolina: A Potential Regulation Change in No-Spray Zones
Florida Air among Worst in the Nation
Planning for Biodiversity
Study Finds Green Building Investments Yield High Returns

Groundwater Withdrawal Reporting

Our water is running out, and we need to pay attention. Increased growth continues to strain water resources as more agricultural, municipal, and recreational users attempt to quench their thirst. As the marketability of bottled spring water grows, commercial bottling companies are tapping groundwater supplies. Ironically, as water withdrawals increase, users may be destroying the very resource upon which they depend. In many states, there is no requirement that large water withdrawals be reported to a coordinating agency responsible for juggling the multiple uses and users of shared water systems. Many people think of groundwater as a commodity to be mined. Like minerals, groundwater is essentially a nonrenewable resource, as it takes hundreds to thousands of years to refill underground aquifers. The mining of water has far-reaching impacts on the surface above. Local wells, rivers, streams, and lakes are adversely affected as underground water supplies are tapped at unprecedented levels. Consequently water withdrawals and diversions can severely alter the natural timing and quantity of stream flow. Water diversions also decrease the water quality of streams that many individuals use for recreational purposes including boating, fishing, and hunting. One way states can protect their groundwater is to keep track of how much is being used. For more information on how your state can implement groundwater withdrawal reporting requirements, visit: http://www.serconline.org/groundwaterWithReport/pkg_frameset.html.

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Hawaii: County Authority Sought for Mass Transit Tax (Honolulu Advertiser 10/31)
http://the.honoluluadvertiser.com/article/2003/Oct/31/ln/ln01a.html

Gov. Lingle said she will ask the Legislature to give all counties the authority to levy a tax to pay for mass transit initiatives. State and city officials, on Monday, announced plans to build a $2.64 billion light-rail transit system for Oahu, which they said will require a tax increase. The state also plans to build a $200 million elevated express route over Nimitz Highway to relieve traffic until the rail plan can be completed in 2018. The Legislature gave the city taxing authority for transit in the early 90s but, in 1992, the council, by a 5-4 vote, killed a proposal to increase the excise tax from 4 percent to 4.5 percent on Oahu to help pay for a $1.7 billion light-rail system. The taxing authority has since expired. Lingle said she would look at that proposal in framing her own request. Gov. Lingle stressed the importance of dealing with transportation problems now before they get worse. For more information on transportation issues, visit: http://www.serconline.org/trafficcongestionrelief/index.html.

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Industry-Funded Research on the Rise at U.S. Universities

Universities are receiving more and more of their funding from commercial interests. Some campuses get as much as 28 percent of their research budget from industry, according to a recent report, which says that commercial funding of university research has more than doubled since 1970. "It is no surprise that these dollars often come with strings attached," said Sheldon Krimsky, author of "Science in the Private Interest: Has the Lure of Profits Corrupted Biomedical Research?" speaking at a recent press briefing. "The public loses out because they often never hear about safety concerns of products they use," Krimsky said. "On the flip side, when a university study finds that a product is safe, most people do not realize that the research was, in fact, paid for by the manufacturers themselves." This has implications for environmental policy, which often depends on the availability of unbiased data. How can we effectively make decisions about the environmental and health impacts of products or chemicals if all the studies on them are funded by the companies that make them? Krimsky and other critics of commercial funding of scientific research say universities should only accept corporate research funding that does not prohibit researchers from publishing their findings, even if those findings reveal health or safety concerns about the product. "We must work to ensure that conflicts of interest do not unduly hinder scientific research and effective policy. Otherwise, we risk relinquishing the benefits of scientific advancement for the sake of corporate interests -- a trade that the American people cannot afford to make," said U.S. Representative Henry Waxman, a California Democrat, speaking at the same briefing. In order to protect ourselves and our environment, we need uncompromised, independent research, which we can get only if we limit the influence of commercial interests on the research process.

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New York Helps Farmers Implement Conservation Measures (Times Union 10/30)
http://www.timesunion.com/AspStories/story.asp?category=CAPITOL&storyID=184644&BCCode
=&newsdate=10/30/2003

The state and federal agriculture departments signed an agreement recently to implement a $62 million program that helps farmers protect environmentally sensitive land, restore wildlife habitat, and safeguard ground and surface water. The Conservation Reserve Enhancement Program (CREP) will benefit twelve major watersheds throughout New York over the next 10 years, according to the state Department of Agriculture and Markets. The voluntary program enables farmers to be paid for removing environmentally sensitive land from crop production. Under CREP, farmers are encouraged to establish conservation buffers by replacing row crops and pastureland with native grasses, hardwood trees, and other conservation practices to reduce erosion and runoff, according to Gov. George Pataki's office. The U.S. Department of Agriculture (USDA) has committed $52 million for the program; the state will contribute $10.4 million from the Environmental Protection Fund, through a combination of grants, property tax incentives, and technical assistance. Participating farmers will receive rent for the acreage they enroll in the program. They also receive tax credits, reimbursements for following USDA-approved conservation practices, and incentive payments for certain conservation measures, Pataki's office said.

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Pressure Grows to Phase Out PBDEs (Indianapolis Star 10/28)
http://www.indystar.com/articles/7/087373-9477-031.html

The U.S. Environmental Protection Agency (EPA) is trying to arrange for a phase-out of two types of polybrominated diphenyl ethers (PBDEs), compounds that are used as flame retardants in wide range of products. The safety of PBDEs has come into question recently, as an increasing number of scientific studies show that these chemicals accumulate in the human body. Other studies show that PBDEs could cause neurological and developmental disorders, especially in children. Europe has already banned the chemicals, and California recently passed a law to phase out their use by 2008. Great Lakes Chemical Co., the only U.S. manufacturer of PBDEs, is working with the EPA to find alternatives to the chemicals. For more information on protecting children from harmful chemicals, visit: http://www.serconline.org/childrensHealth/index.html.

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Oregon: New Phase of Brownfield Development -- Portfields (ENS 10/28)
http://www.ens-newswire.com/ens/oct2003/2003-10-28-01.asp

At the annual brownfields conference, a new initiative in brownfields redevelopment was announced. A new federal initiative, run by the National Oceanic and Atmospheric Administration (NOAA), will work with port communities to clean up their degraded industry areas. Portfields, similar to brownfields, are areas of land degraded by hazardous waste located in, and adjacent to, ports. The goals of the initiative include restoring waterfront areas, improving marine transportation, and improving coastal habitats. Work will commence in the ports of New Bedford, Massachusetts, Tampa, Florida, and Bellingham, Washington in the 2004 fiscal year. Federal partners, including the U.S. Environmental Protection Agency, will jointly remove or stabilize dangerous structures and contamination in, or near, waterways; restore health and natural functions to watersheds by improving surface water and groundwater quality; remediate and restore wetlands, woodlands, and habitat; improve stormwater management systems; reduce health risks for nearby communities and waterway users; remove eyesores; and, help improve air quality. The efforts follow the anticipation of increased maritime trade by 2020 and a report indicating that the program could create more than 20,000 jobs. For more information on brownfields, visit: http://www.serconline.org/brownfields/index.html.

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Georgia PIRG Says State Has Dirtiest Power Plants (Macon Telegraph 10/29)
http://www.macon.com/mld/macon/7127785.htm

Georgia has some of the dirtiest power plants in the nation, according to a report released Tuesday by the Georgia Public Interest Research Group. Based on a compilation of U.S. Environmental Protection Agency data from 2002, three Georgia Power plants -- Scherer, Branch, and Bowen -- were among those that contributed most to soot and smog. The report compared emissions data from 1,100 plants, then computed how much pollution would be reduced if plants replaced their current equipment with "the best possible pollution controls." The report showed that Plant Bowen in Cartersville was the largest emitter of sulfur dioxide in the nation. Plant Scherer in Monroe County and Plant Branch in Putnam County are the 20th and 29th highest producers of sulfur dioxide in the nation and the 31st and 30th highest producers of nitrogen oxides. The plants each produced about 22 million tons of carbon dioxide a year, more than any other power plant in the country. Georgia Power representatives point out that they have improved many of their plants since the report's data was compiled. Nitrogen-oxide emissions at all three plants have already been reduced by half since 2002, said Georgia Power spokeswoman Amoi Geter. Georgia Power already is planning to completely switch Scherer to low-sulphur, cleaner-burning Western coal by early 2004. For more information on clean power plants, visit: http://www.serconline.org/clean/index.html.

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Montana: Cyanide Ban Lands in Top Court (Missoulian 10/28)
http://www.missoulian.com/articles/2003/10/28/news/mtregional/news08.txt

The long-brewing legal battle over a 1998 voter-passed ban on cyanide leach mining in Montana shifts to the state Supreme Court on Tuesday as lawyers square off in oral arguments. At issue is Initiative 137, which passed by a 52 to 48 percent margin in November 1998. The initiative banned the use of cyanide leaching at future mines in Montana. When the initiative passed, Canyon Resources was in the process of trying to get a permit to construct a large cyanide leach gold and silver mine called the Seven-Up Pete Joint Venture near Lincoln, Montana. At the time, however, the project did not have a permit to mine and wasn't in operation. Lawyers for Canyon Resources Corp., the Colorado company that wanted to develop a large cyanide heap leach gold mine near Lincoln, are expected to ask the justices to either suspend the ban for the Lincoln project or reimburse the company up to $500 million for what they say the mine would be worth if the ban hadn't passed. However, lawyers for the state contend the mining company lost nothing since the ban on cyanide mining was in effect before the company had a permit to mine. For more information on cyanide mining, visit: http://www.serconline.org/mining/index.html.

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New Mexico: The West Wants Clear Air (Santa Fe New Mexican 10/28)
http://www.santafenewmexican.com/main.asp?SectionID=2&SubSectionID=7&ArticleID=34748

Last Monday, a coalition of 12 states and local governments filed a lawsuit in federal court to challenge a Bush administration rule change to the federal Clean Air Act. New Mexico is the only Rocky Mountain state to join the lawsuit; besides it and Wisconsin, all coalition members are East Coast governments. The Bush rule change would allow existing power plants and other facilities to make extensive building upgrades without installing equipment to clean up emissions. Previously, plants making any upgrades were required to install emission-cleaning technology. New Mexico Environment Secretary Ron Curry said that the rule change would affect some 50 facilities in the state. He called the Bush administration change "a rollback… It's not a matter of rolling back environmental regulation. It's a matter of rolling back environmental protection." U.S. Environmental Protection Agency spokesperson John Millett maintains that the rule change "won't have any significant impact on emissions." To this claim, one New Mexico resident responded, "I prefer not to see the air before I breathe it." For more information on the Clean Air Act and how to support clean power in your state, visit: http://www.serconline.org/clean/index.html.

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North Carolina: A Potential Regulation Change in No-Spray Zones (News Observer 10/27)
http://www.newsobserver.com/news/story/2980869p-2731671c.html

North Carolina's seven-member pesticide board is considering getting rid of a no-spray zone around homes and schools. Current state regulations keep crop-dusters from spraying pesticides within 100 feet of homes and within 300 feet of schools, hospitals, churches, and nursing homes. Many residents, especially those in rural areas where most spraying occurs, oppose the possible change. The U.S. Environmental Protection Agency (EPA) has also voiced concerns, saying that setting a blanket standard for all pesticides, which vary in toxicity, is questionable. Other concerns raised by the EPA include the difficulty in measuring actual exposure levels, since many pesticides break down quickly. Members of the North Carolina pesticide board will decide whether to revise or kill the spraying proposal at their November 12 meeting. Supporters of scrapping the no-spray zones say that policy is based on outdated information. "Back then, zero residue meant something different than it does today," said Mitch Peele, Public Policy Director for the North Carolina Farm Bureau, which endorsed the proposed change. The state's current regulations were adopted after an accidental spraying of a rural Chatham County community in 1982. Residents reported skin irritations and increased livestock abortions following the incident. For more information on how to keep school children safe from toxins, visit: http://www.serconline.org/chemicals/index.html.

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Florida Air among Worst in the Nation (St. Petersburg Times 10/29)
http://www.sptimes.com/2003/10/29/State/Report__Florida_air_a.shtml

In a recent report by the Florida Public Interest Research Group (FPIRG), Florida's power plants were found to be among the worst in the country in terms of noxious chemical emissions. The report found that Florida has the third highest nitrogen oxide emissions in the nation. The report also found that Florida's power plants are among the ten worst in the country in terms of sulfur dioxide and carbon dioxide emissions. Nitrogen oxides and sulfur dioxide are significant contributors to smog and acid rain, and carbon dioxide is one of the chief greenhouse gases resulting from the combustion of fossil fuels. According to FPIRG, the dismal emissions records of Florida's power plants are a result of new rules put forth by the federal Environmental Protection Agency (EPA) that make it easier for older power plants to make major upgrades without adding new pollution controls. The report recommended that Florida's older and more polluting power plants be retrofitted to clean up emissions. For more information about clean power issues, visit: http://www.serconline.org/clean/index.html.

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Planning for Biodiversity (Defenders of Wildlife and Environmental Law Institute)

The ways in which we use and develop land play a crucial role in wildlife preservation or, as is sometimes the case, wildlife annihilation. Land use decisions that result in habitat destruction, degradation, and fragmentation are the primary causes of biodiversity loss in the United States. Proper land use planning is, therefore, essential for the preservation of biodiversity in this country. A new study, produced by the Environmental Law Institute (ELI) and Defenders of Wildlife entitled, "Planning for Biodiversity: Authorities in State Land Use Law," examines state laws that can be utilized to encourage biodiversity protection. "States have untapped power to protect the wildlife and habitat within their borders," says Sue George, field counsel for Defenders of Wildlife and co-author of the study, along with ELI senior attorney Linda Breggin. The report identifies authorities that can be employed by citizens and government officials to help integrate biodiversity and land use planning. "The authorities we identified in this report are potentially powerful as conservation tools that state and local governments across the country can use to protect biodiversity when making land use decisions," says Breggin. The full report can be viewed at http://www.defenders.org/publications/stateplanning.html. For more information about biodiversity issues, visit: http://www.serconline.org/biodiversity/index.html.

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Study Finds Green Building Investments Yield High Returns (ENN 10/28)
http://enn.com/news/2003-10-28/s_9654.asp

A study recently released by Capital E group, Lawrence Berkeley Laboratory, and participating California state agencies "should permanently lay to rest the myth that green buildings are not cost effective and not ready for prime time," according to Greg Kats, a principle at Capital E. The study found that the financial benefits of green buildings are 10 times greater than the initial costs required to design and construct them. "Green buildings" are buildings that are designed and built to comply with standards which require the buildings to be substantially more energy- and resource-efficient than conventional buildings. Green buildings also provide cleaner, safer, and more comfortable environments than buildings built to standard code. The study found that, although green buildings cost more to design and construct, in the long run, they are substantially less costly than conventional buildings; reduced operational costs resulting from more efficient use of energy, water, and other resources, along with lower maintenance costs, enhanced occupant health, and enhanced worker productivity, make green buildings more economical.

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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]