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Lead Fishing Tackle
Each
year, millions of birds die from lead poisoning from sinkers and
jigs used in fishing. In eastern North America, lead poisoning
from lead sinker and jig ingestion is the leading cause of Common
Loon mortality in their breeding areas, killing more loons than
trauma, disease, entanglement in fishing line, or gunshot wounds.
Thirty other species in North America are known to have ingested
lead. Lead is dangerous to humans as well -- lead sinkers and
jigs could be swallowed by children and lead dust can contaminate
homes. Alternatives to lead sinkers and jigs exist, and are available
at reasonable prices. Lead poisoning and the resultant water bird
deaths are preventable and a ban on lead tackle is reasonable.
The economic impact of a prohibition on the sale or use of lead
sinkers and jigs will be minimal. A similar federal ban on lead
shot was instituted fifteen years ago due to a large number of
ducks perishing. For more information on how your state can get
the lead out of birds, visit: http://www.serconline.org/lead/pkg_frameset.html.
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Wisconsin:
Environmentalists Decry GOP's Job Creation Act (Capital
Times 11/12)
http://www.madison.com/captimes/news/stories/61107.php A
debate is brewing in the Wisconsin state legislature over the
intentions and timing of a bill introduced by Republican leaders
dubbed the "Job Creation Act." Provisions of AB 655/SB
313 include reducing permit approval times, approving permits
automatically if the time frame is not met, exempting farms and
other agribusinesses from air permits, requiring "economic
impact statements" for proposed administrative rules, and
shortening time frames for notification and public comment periods.
The proposed rules would also threaten a number of waterways through
the use of general permits that would prevent public oversight
in some cases. Furthermore, it's unclear if the bill would actually
create any jobs at all. The bill's sponsors contend these provisions
are necessary to protect business in Wisconsin and help keep Wisconsin
competitive. Business groups, including Wisconsin Manufacturers
& Commerce and Wisconsin Economic Development Association,
welcomed the legislation to help cut through "red-tape."
Environmentalists decried the legislation as an open invitation
for increased air and water pollution. They also questioned the
timing of the bill's introduction since the bill was not made
available until the day before a public hearing was scheduled
allowing little time for public input on the legislation.
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Wetlands
Assault (Part Two)
After the 2001 Supreme Court decision,
which limited federal jurisdiction for isolated non-navigable
wetlands, protections for wetlands are gradually diminishing in
a mirage of bad science and skewed interpretations of laws. According
to an article in the Los Angeles Times, "Rule Drafted That
Would Dilute the Clean Water Act," the Bush administration
has drafted a rule that will narrow the scope of the Clean Water
Act. This change would virtually guarantee the filling of wetlands
and the creation of a new market for commercial development. The
Act would no longer protect ephemeral washes or streams that do
not have groundwater as a source, streams that flow for less than
six months out of a year, and wetlands. In January 2003, the EPA
and Army Corps of Engineers announced that they were looking into
"what wetlands and streams are included in definitions of
waters of the United States." At that time states urged the
federal government to retain a broad definition but, invariably,
it appears the Bush administration has ignored the doctrine of
states' rights in the pursuit of commercial gain. Worst of all,
if this regulation change occurs, it will be up to states to provide
protection for another class of wetlands and it may be the case
that some are not prepared to do this. As the building trend continues,
especially true of large-scale upper class homes, states may invariably
lose the opportunity to protect their remaining wetlands before
commercial building interests capitalize on these regulation lapses.
It already seems to be occurring in one state -- Florida. An EPA
employee, Bruce Boler, left after he disagreed with a methodology
being used to review wetland permits. The methodology, known as
the Harvey Harper methodology, promotes as one of its concepts
the ludicrous idea that wetlands discharge more pollution than
they absorb. This strange conclusion was made after a study, "Evaluation
of Alternative Stormwater Regulations for Southwest Florida,"
conducted by the company Harvey Harper heads, Environment Research
& Design, was commissioned by the Water Enhancement and Restoration
Coalition (WERC). Although the name sounds as if they are for
wetland protection, it is actually a group primarily composed
of developers who are apparently fed up with some of their permit
rejections in Southwest Florida. The report was presented in August
to WERC and is now in use by state and federal permitting agencies
as sound science; even though there was no public review and many
scientists question its validity. The report not only has questionable
methodology, but also has not been reviewed by other water quality
experts and has conclusions that are widely rejected by mainstream
science. It has been shown numerous times that the loss of wetlands
can be detrimental, especially in times of high rain. Developers
and builders contend that man-made wetlands serve the purpose
and, in some cases, do a better job, but experience and sound
science indicate otherwise. There is no substitute for real wetlands,
which protect us from flooding, filter our water, and provide
critical natural habitat. If the Bush Administration has its way
and other states follow Florida's example, wetlands will be, at
some point, something we look at in museums.
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Colorado:
Summit County Mulls Cyanide Ban (Land Letter 11/13)
http://www.eenews.net/Landletter/Backissues/111303/111303ll.htm
(Subscription Required)
Officials in Summit County
last week announced their intentions to either restrict
or ban open-pit cyanide leach mining in January. Industry
officials and some state politicians contend a county ban
is unnecessary because current state regulations provide
enough protection. Current state regulations, passed after
a cyanide leach mine in Summitville contaminated groundwater
with bits of heavy metal and cyanide solutions, require
companies to file an "environmental protection plan"
before operations begin. However, according to a spokesperson
for the Alliance for Responsible Mining, the law, "while
well-intended, has failed to protect the environment and
communities from contaminated water. The law is powerless
to stop water pollution. Unfortunately, it doesn't seem
to be a kind of technology where you can regulate away the
problem. The pollution seems to be inherent in the process."
Some officials weighed in commenting the county would most
likely not create a ban. Mark Truckey, director of long-range
planning for Summit County, said the county planning commission
has recommended the "middle ground" of regulating
such operations instead of imposing an outright ban. "The
idea is that we wouldn't necessarily ban it, but we'd have
a permitting process so that we'd have the opportunity to
feel comfortable about how the operation would work."
Although Colorado's past economy was dependent on mining
revenue, its reliance has shifted to tourism. State officials
have also mulled over the idea of a cyanide ban, but have
not moved far with the idea. Montana voters banned the practice
in 1998, while the Wisconsin state Senate passed a proposal
banning cyanide that later died in the State Assembly. For
information on the use of cyanide in mining, visit: http://www.serconline.org/mining/index.html.
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U.S.
Senate Preempts California's Curbs on Small-Engine Smog
(LA Times 11/13)
http://www.latimes.com/news/nationworld/nation/la-na-engines13nov13,1,5148925.story?coll=la-home-leftrail
The Senate recently approved
a measure that would block efforts by California and other
states to reduce the pollution spewed by small gasoline
engines in machines such as lawn mowers, tractors, forklifts,
and chain saws. This action, the latest in a series by the
Bush administration or the GOP-controlled Congress to challenge
or curtail California's environmental laws on issues including
offshore oil drilling and hybrid cars, marks only the second
congressional decision since 1974 to preempt California's
special authority under the Clean Air Act to set tougher
pollution regulations than federal standards. The amendment,
attached to a spending bill for a variety of government
agencies, would give the federal Environmental Protection
Agency sole authority to regulate gasoline engines smaller
than 50 horsepower and would direct the agency to propose
new regulations for the engines by the end of next year.
California Air Resources Board officials said the measure
would nullify five state regulations, including one approved
Sept. 25 to cut emissions from lawn and garden equipment
by 35%. Briggs & Stratton Corp., the world's largest
producer of these engines, spent $250,000 in lobbying efforts
and contends that revamping its production facilities in
response to California's regulations would be so expensive
that it would close the facilities, two of which are in
Missouri, moving production overseas. But, in a submission
to the Securities and Exchange Commission, Briggs &
Stratton said California's regulations would not have a
"material effect on its financial condition."
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NC
Panel Rejects Changes to Crop Dusting Rules (The
News Observer 11/13)
http://newsobserver.com/nc24hour/ncnews/story/3020617p-2762993c.html
The North Carolina Pesticide
Board decided to keep regulations that prevent pesticide
vapor from drifting within 100 feet of homes and 300 feet
of schools, hospitals, churches, and nursing homes. The
decision came in response to more than 2,000 public comments
opposed to a proposal by crop dusters that would allow small
amounts of pesticide residue in the buffer zones. "The
current rules have worked well for many years and have been
protective of the public," said Scott Whitford, chairman
of the pesticide board and a farmer in Pamlico County. "It's
a very emotional issue. We're not going to do anything to
jeopardize the health of citizens." Elbie Powers, the
proposal's founder, said that the decision was disappointing
because it prevented him from spraying pecan groves near
homes when requested. He suggested a case-by-case exemption
procedure.
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Kentucky:
Tyson Foods Shares Farm Responsibility (The Courier-Journal
11/11)
http://www.courier-journal.com/localnews/2003/11/11ky/wir-front-tyson1111-9702.html
Owensboro District Judge
Joseph H. McKinley, Jr. ruled this week that Arkansas-based
Tyson Foods is partly responsible for air pollution at factory
farms it helps operate in the Western District of Kentucky.
Although Tyson Foods argued that the farms were operated
by contractors, Judge McKinley said that the company involvement
in the facility design and conditions, and its ownership
of the poultry raised there, meant that Tyson was an operator.
As an operator, it is responsible for ammonia and other
pollutant air emissions. The verdict may have implications
nationwide because it will link individual facilities to
other sites under the same ownership, requiring a more integrated
regulatory approach. In the Tyson case, this linkage could
force the company to report ammonia releases to the federal
National Response Center. The Judge has yet to rule on whether
neighboring landowners were affected by emissions and should
be awarded damages. "We're one step closer to cleaning
up factory-farm pollution," said Barclay Rogers, a
Sierra Club attorney in California, who worked on the case.
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IA
Air-Quality Permits Put on Fast Track (Des Moines
Register 11/11)
http://desmoinesregister.com/news/stories/c4780934/22726943.html
The Iowa Department of Natural
Resources (DNR) has reduced its permit-processing time from
an average of 62 days to 12 days. The Iowa Association of
Business and Industry and the Iowa Environmental Council
have praised the streamlined processing, saying it is good
for business without compromising quality of life or the
environment. Gov. Tom Vilsack stressed that DNR employees
spend the same amount of time reviewing applications to
ensure that they are within pollution standards. The increased
response rate was achieved by reducing waiting time between
various reviewers and by decreasing the average number of
reviewers from 18 to 4.
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Alaska
Seeks Fee to Tap Into Growing Tourism Market (Anchorage
Daily News 11/11)
http://www.adn.com/business/story/4366140p-4374053c.html
Wildlife, it turns out,
is valuable to the state of Alaska. About 185,500 visitors
to Alaska spent $358 million to watch wildlife in 2001,
said Michelle Sydeman, from the Division of Wildlife Conservation.
These visitors' total impact reached an estimated $660 million,
placing Alaska among the top five states in terms of economic
benefit from wildlife viewing. In addition, about 170,000
state residents spent $81 million to watch wildlife and
two-thirds of hunters are also wildlife viewers, according
to a 1997 statewide survey. Alaska could do much more to
tap into these tourism dollars and create more opportunities
for businesses and viewing, Sydeman said. Maine, for example,
collects $16 million in sales tax revenue from wildlife
viewing and businesses that promote watchable wildlife pay
$8 million in state corporate income tax. The Division of
Wildlife Conservation wants to do more to publicize Alaska's
wealth of wildlife and create places for people to go to
see the animals, such as trails, visitor centers, and viewing
stations, but it needs money. Last legislative session,
the division proposed a $15-per-person wildlife conservation
pass. The bill, supported by Gov. Frank Murkowski, would
have raised $8 million to $10 million for wildlife viewing
and education programs and management of nongame species.
The bill passed in the House Resources Committee, but a
companion bill stalled in Senate Resources. For more on
how your state can protect wildlife and make money at the
same time, visit: http://www.serconline.org/fiscal_issues.html.
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Maine
Looks to Stop Ships from Dumping Wastewater (Portland
Press Herald 11/11)
http://www.pressherald.com/news/statehouse/031111ships.shtml
A new legislative report
recommends restrictions that would give the state more control
over the wastewater discharged by cruise ships traveling
through Maine's coastal waters. Vessels carrying 50 or more
passengers would have to register with the state and pay
a fee. The money would be used by the state to collect information
on the ships' waste treatment systems and the amount of
pollution they discharge. The report also recommends new
licensing restrictions on the so-called "graywater"
from ships. Maine would become the first state in the nation
to require larger ships to pay a licensing fee for dumping
the waste in state waters. Graywater is the wastewater from
onboard showers, galleys, and any other source besides toilets,
but tests have shown it can contain even more fecal bacteria
than sewage, or "blackwater." It also contains
high levels of nutrients and chemicals used in cleaning
agents. Federal law prohibits Maine from regulating blackwater
discharges, although the state can apply to the U.S. Environmental
Protection Agency to create federal no-discharge zones.
The report from the Maine Department of Environmental Protection
was requested by Maine lawmakers, who failed to act on two
related bills during the last legislative session. The new
state graywater regulations described in the report would
apply only to larger ships, those carrying at least 250
passengers. The ships would be required to pay an annual
$1,200 licensing fee if they want to discharge into Maine
waters, in addition to the proposed annual registration
fee, which would range from $1,000 for smaller ships to
$3,100 for larger vessels.
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Georgia
Leaders Want Water Use Curbed (Atlanta Journal Constitution
11/10)
http://www.ajc.com/business/content/business/horizon/1103/10watering.html
Water is the number one
environmental issue for Georgia residents, more important
than air pollution, landfills, and loss of wildlife habitats,
according to a survey by the Georgia Department of Natural
Resources. Fifty-eight percent of Georgians said less water
should be used even when lakes are full and rivers are running
strong, indicating receptivity to a new state plan to create
a marketing campaign to encourage Georgians to conserve
water. Metro Atlanta leaders, in particular, are convinced
water conservation is necessary to accommodate the 2 million
to 4 million people expected to move to the area in the
next three decades. State officials have predicted the region's
lakes and rivers might not be able to sustain additional
population after about 2030, and some water experts have
questioned whether the water will last that long. State
legislators and Atlanta city officials are looking into
multiple ways to meet the projected demand for water, including
conservation, which can help improve water quality in the
state's rivers and lakes, maintain ecological diversity,
and save water customers money as well. For more on how
your state can conserve water, visit: http://www.serconline.org/waterconservation/pkg_frameset.html.
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New
Jersey Combats Sprawl (Star-Ledger 11/11)
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-4/1068533426171430.xml
Sprawl has become a serious
problem in many cities throughout the United States. Not
only is sprawl damaging to the environment, but it is detrimental
to the quality of life for people living in many of the
communities throughout the country. In New Jersey, where
sprawl has become a major concern among its many inhabitants,
two bills pushed by Governor James E. McGreevey have been
recently proposed to try to combat the problem. One of the
bills would require a fee from developers. The purpose of
the fee would be to help offset some of the hidden costs
associated with sprawl. The other bill enacts a Transfer
of Development Rights (TDR) program. The TDR program gives
communities control over where growth occurs, while preserving
other areas as open space. Both bills face opposition from
the state League of Municipalities, and are currently under
negotiation between the administration and opposing interests.
"We have been seeking compromise language which promotes
smart growth and encourages participation in the State Plan
process," said William Dressel, executive director
of the New Jersey State League of Municipalities. Although
builders have agreed to "reasonable" fees, the
League of Municipalities is opposed to a proposal which
would link the fees to the State Plan, which is a blueprint
for regulating growth. Environmentalists worry that without
such a link, the fees would have little impact on promoting
better growth planning. For more information on how your
state can control sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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California
Law Requires Contaminate Testing for New School Sites
(LA Times 11/11)
http://www.latimes.com/news/local/la-me-methane11nov11,1,4723242.story?coll=la-home-todays-times
Two years ago, worries about
high methane levels at the construction site of the Belmont
Learning Center in California forced construction of the
school to be suspended. After an expensive cleanup operation
was conducted, construction of the school resumed. Since
then, California has enacted regulations which require testing
for contaminates at proposed school construction sites.
Since January 2000, 1,236 potential school sites have been
tested. Of the 1,236 sites, investigators have found harmful
chemicals at 317 sites. Construction plans were abandoned
at 119 of the contaminated sites, and another 77 sites have
had required cleanups. Substances which have been found
at potential construction sites have ranged from DDT, a
cancer causing pesticide that was banned in 1972, to lead,
which can produce brain damage, anemia, and muscle weakness
in children. While some people believe that the regulations
are necessary, others feel that they create unnecessary
delays to new construction and have created a financial
burden on school districts, which are forced to pay the
bill for the mandatory contaminate testing. Officials at
some school districts argue that the testing requirements
are too strict and costly. "All I know is prior to
the existence of this law, we were pretty much taking care
of these issues ourselves," says Brian Sullivan, director
of facilities for the Oceanside Unified School District.
Others feel that the requirements do not go far enough.
They would like to require the 9,087 existing public schools,
which are currently exempt from the law, to be tested for
contaminants. Paul Ruther, an employee for the national
nonprofit Center for Health Justice, believes that the regulations
are well worth the money. "If you don't pay for it
now, you're gonna pay for it later in more than dollars
and cents," he says. For information on toxins at school
building sites, visit: http://www.serconline.org/toxicschoolsites/index.html.
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