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Groundwater Withdrawal Permits
Our water is running out,
and we need to pay attention. Increased growth continues to strain
water resources as more agricultural, municipal, recreational,
and commercial users attempt to quench their thirst. 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 permitted by a coordinating agency
responsible for juggling the multiple uses and users of shared
water systems. Without a permit, large water withdrawals are difficult
to monitor and can cause a number of problems. Water withdrawals
and diversions can severely alter the natural timing and recreational
uses of a stream including fishing and boating which can hurt
rural communities dependent on revenue from those activities.
For information on how your state can implement a system of groundwater
withdrawal permits, visit: http://www.serconline.org/groundwaterWithPermit/pkg_frameset.html.
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Kentucky to Clean
Up Brownfields (The Courier-Journal 11/20)
http://www.courier-journal.com/localnews/2003/11/20ky/wir-front-brownfields1120-12289.html
Kentucky has proposed new
rules to spur the cleanup and development of brownfields -- thousands
of polluted industrial and commercial sites, from old dry cleaning
shops to abandoned factories. Private companies and government
officials have been reluctant to develop brownfields without specific
rules to tell them what must be cleaned up and what pollutants
could remain. Sites with actual or perceived contamination would
be overlooked because developers felt vulnerable to lawsuits alleging
inadequate cleanup. This makes Kentucky the 46th state to adopt
laws that give developers immunity from lawsuits from the government
once they have cleaned up polluted land or buildings to an acceptable
standard. The new rules are widely supported by business, industry,
city leaders and environmental groups because they are expected
to help remediate sites throughout the state, including a number
of abandoned tobacco warehouses. The final drafting of the effort
took two years of negotiation between the business and environmental
community over setting pollutant levels at or tighter than EPA
allowances. For more information on what your state can do about
brownfields, visit: http://www.serconline.org/brownfields/index.html.
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ALEC's Disorder in the Courts
The American Legislative Exchange Council (ALEC)
is once again putting on its dog and pony show and traveling the
country visiting state legislators promoting its "Disorder
in the Courts" report as a way to reform the judicial system.
ALEC has lumped a number of its judicial reform bills together
with analysis into a report detailing the so-called failures of
our judicial system. It is obvious ALEC is out to protect its
corporate donors from responsibility and action. A number of the
bills could have significant impact on environmental litigation,
and others appear to add levels of bureaucracy into an already
crowded system. One of their "success stories" of the
2003 state legislative session is the "Jury Patriotism Act,"
which seeks to reclassify jury duty rules and procedures. The
name of the bill apparently struck a number of conservative legislator's
fancy as it was introduced in 6 states (AZ, IL, KY, LA, OK, VT)
adding more burdens. Three of the bills, the "Fairness in
Litigation Act," the "Appeal Bond Waiver Act,"
and the "Private Attorney Retention Sunshine Act," all
place additional requirements on an overstressed judicial system.
However, the other bills are a bit more devious in their intent.
The "Intrastate Forum Shopping Abuse Reform Act," allegedly
seeks to prevent overzealous attorneys from searching for sympathetic
jurors. The bill is in response to some unusually large jury settlements
that have been handed down in Jefferson County, Mississippi since
1995. It is an erroneous to assume that this occurs regularly
and in all fifty states. The "Separation of Powers Act,"
is nothing more than a bill to verify that courts do not make
law and only review, thus reaffirming the established purposes
of the three branches of government. Although ALEC may feel some
judges, most notably those involved in tobacco and environmental
suits have created law, they have merely done their intended job.
The bill appeals to its corporate donors, mainly those who have
been the target of recent suits that have rectified past wrongdoings.
The most dangerous bill is the "Class Action Improvements
Act," which resembles the "Federal Class Reform Act
of 2003." The bill seeks to rewrite class action requirements
to make it more difficult for plaintiffs to prove their case.
The bill "would eliminate defendant class actions; would
require that the trial court consider whether the expense and
effort required to litigate the case on a class basis is justified
by the amount of recovery that each class member is likely to
obtain; limit the scope of plaintiff class actions to residents
of the state." So, for example, if a number of companies
are responsible for chemicals leeching into the surrounding areas,
as seen in Anniston, AL with PCB contamination, a class action
suit may not have been brought if this bill was passed. This bill
would seriously hamper the ability of citizens to seek legal repercussions
against companies that feel they are not responsible. Overall
the "Disorder in the Courts" report is nothing more
than a wish list for corporate donors who would like to pollute
and break the law at their whim and have no legal liability for
harming others and the environment.
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CA County to Vote
on Local Biotech Ban (The Sacramento Bee 11/19)
http://www.sacbee.com/content/business/story/7812501p-8753480c.html
In March, voters in Mendocino
County will consider a ban on raising genetically engineered
crops. Genetic engineering involves moving genes among species
in ways that can't be done with traditional cross-breeding.
The Mendocino Organic Network sponsored the successful signature
drive to get this issue on the ballot as a protective measure
for the booming organic wine-grape industry. If the ban
is enacted, it will largely be symbolic because no biotech
crops are grown in the county, nor are biotech versions
of biotech wine grapes and pears commercially available.
"It's very exciting to set the pace and not only protect
our own county but maybe set a precedent for other counties
to follow," said Allen Cooperrider, an organic brew
pub owner. Even though Mendocino's signature drive succeeded,
a vote might be delayed until next fall if county supervisors
decide at their Dec. 2 meeting to further evaluate the impact
of the proposed law. The Mendocino County Farm Bureau has
come out against the ban, saying that it is bad policy for
the county to undermine a technology regulated by the federal
government and that could limit farmers' choices.
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Nebraska Water Task
Force Will Propose Legislation (Lincoln Journal
Star 11/19)
http://www.journalstar.com/nebraska.php?story_id=99515
More than
a year after being convened by the State Legislature, the
Nebraska Water Policy Task force is prepared to propose
a package of legislation to improve management of Nebraska's
water resources and reduce conflicts between users. One
important aspect of the plan is to restore water levels
in the Platte River in order to comply with a tri state
agreement between Nebraska, Colorado and Wyoming, which
would improve habitat for endangered species. The package
would also require annual evaluation of river basins in
the state starting in 2006, and development of management
plans for basins that are overused. The legislation will
be sent to the legislature shortly. For more information
on how to protect your state's water resources, visit: http://www.serconline.org/groundwaterWithPermit/pkg_frameset.html.
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Suspension
of Pending Davis Rules Could Affect Many in California
(LA Times 11/19) http://www.latimes.com/news/local/la-me-regulations19nov19,1,5708775.story?coll=la-headlines-california
A decision
by California Gov. Arnold Schwarzenegger to postpone all
pending regulations from the Davis administration has left
many government officials and environmental activists confused
and worried. The purpose of the order is to give the Schwarzenegger
administration time to review the pending regulations, but
many environmentalists fear that the order will delay many
important environmental and health regulations and allow
industry lobbyists to renew their challenges to environmental
regulations that have already been debated. Many government
administrations, including the Cal-EPA and the Energy Commission,
have put off acting on important health and safety regulations
as a result of the Governor's order. Delayed actions include
new water and energy efficiency standards for washing machines,
new building standards to increase energy efficiency and
prohibitions on the use of diesel engines. "I understand
that the administration may want to take a deep breath and
see what is on the book, but these are regulations affecting
the public heath, and they should not be delayed,"
said Ann Notthoff, a lobbyist for the Natural Resources
Defense Council.
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Wyoming
Legislature to Consider Coalbed Methane Issues
(Casper Star Tribune 11/21)
http://www.casperstartribune.net/articles/2003/11/21/news/wyoming/df4bd884c732d7a6e9e34716a4a70134.txt
The increase
in coalbed methane development has touched off a series
of disputes between those who own the land and those who
own the mineral rights under it. This problem, called ‘spit
estate', will be addressed in new legislation being written
by State Rep. Rosie Berger. In most cases, the mineral developer
and the landowner draw up a private contract to cover the
damages caused by extraction, which can include pollution,
and loss of agricultural land. This legislation would address
what happens when the two parties can't agree. Current law
allows the developer to post a bond and begin extraction;
Legislators hope this bill will further protect landowners'
rights. The legislature may also consider creating an environmental
response fund for coalbed methane operations in the state,
but it's unclear where that money would come from. |
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New Jersey: Developers
File Suit Against DEP Volunteer (Asbury Park Press
11/14) http://www.app.com/app2001/story/0,21133,855169,00.html
Developers have filed a
lawsuit against community activist and volunteer wildlife
surveyor Helen Henderson, contending that her report of
a seasonal pond and frogs near their proposed Route 9 shopping
center site was false and intended to derail their state
permit. This marks only the second time a wildlife volunteer
has been sued for making a report to the Department of Environmental
Protection (DEP), but the DEP has not decided whether or
not to represent her. The suit has been characterized as
a SLAPP suit, or Strategic Lawsuits Against Public Participation,
by Thomas A. Borden of the Rutgers University Environmental
Law Clinic, who is also representing environmental groups
that are challenging a state permit issued for the Lacey
Town Square project. Lacey Town Center LLC, the developers
group, alleges that Henderson "is wrongfully attempting
to restrict development of the Town Square property so that
she can continue to enjoy the property as an extension of
her back yard." However, in February 2002, Henderson
wrote to DEP officials to report the Town Square property
had a vernal pool -- a type of shallow wetlands that appear
in woods and fields, often in spring, and support frogs
and other amphibians, although a private consultant associated
with Lacey Town Center, LLC contends a vernal pond does
not exist. Henderson is vice chairwoman of the Lacey Rail-Trail
Committee, a group that has pushed to convert an old railroad
right of way in Lacey into a recreational trail. Along with
the environmental group Save Barnegat Bay and the Association
of New Jersey Environmental Commissions, the trail committee
is appealing a DEP permit for a road crossing as part of
the Lacey Town Square plan. For more information on SLAPP
suits, visit: http://www.serconline.org/SLAPP/index.html.
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Missouri and Kansas
to Test Deer for CWD (Kansas City Star 11/17)
http://www.kansascity.com/mld/kansascity/news/local/7279434.htm
Biologists hope chronic
wasting disease did not turn up during the weekend as 400,000
hunters took aim at Missouri's more than 1 million deer.
Lymph tissue samples will be collected from deer to test
for the brain-wasting illness, chronic wasting disease,
that is closely related to mad cow disease. Cass County
and Ray County will be checked this year in the Kansas City
area. Concerns heightened in recent years when chronic wasting
disease turned up in Wisconsin, which like Missouri has
a big deer herd. Missouri and Kansas officials have said
if chronic wasting is found, they will do more testing,
evaluate the circumstances and work with landowners and
public agencies on a plan. That could include deer eradication
in target areas. Last year, Missouri Department of Conservation
officials gathered 6,000 deer heads at the stations where
hunters register their kill. Brain stem and lymph tissues
were later removed at a wildlife area and all samples tested
negative. For more information about Chronic Wasting Disease,
visit: http://www.serconline.org/CWD/index.html.
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Wisconsin
to Become Leader in Wind Energy (Milwaukee Journal
Sentinel 11/17)
http://www.jsonline.com/news/state/nov03/185696.asp
Wisconsin
will become the top wind energy producing state east of
the Mississippi River next year when the state's largest
wind farm is erected several miles east of Lake Winnebago.
Navitas Energy Inc will build 44 turbines on land leased
from local property owners, who will be paid $4,000 a year
for each turbine. "I'll be harvesting the wind,"
said Jim Guelig, a dairy farmer. "My family has been
farming here for more than 150 years, and now we'll be harvesting
a different crop." The 21-year development agreement
also assures the town of Marshfield $2.8 million in revenue.
This project should improve Wisconsin's "renewable
energy grade"– the state received a C, according
to a report published earlier this year by the Union of
Concerned Scientists. The report can be found at: http://www.ucsusa.org/clean_energy/renewable_energy/page.cfm?pageID=1180.
For more information about encouraging renewable energy
development in your state, visit: http://www.serconline.org/cleanenergy.html.
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Plans
To Lease Water Upsets West Texas Residents (Austin
American-Statesman 11/21) http://www.statesman.com/metrostate/content/auto/epaper/editions/friday/metro_state_
f3db5c5e07afa12e00c4.html
The Texas
General Land Office is trying to strike a deal with Rio
Nuevo Ltd. that would allow Rio Nuevo water leases in far
West Texas. The water leases would allow Rio Nuevo to drill
wells and export water from the Culberson, Hudspeth, Presidio
and Jeff Davis counties. Money from the leases would go
into the Permanent School Fund of Texas. At a recent meeting
of the Far West Texas Water Planning Group, many residents
and officials in the already drought-stricken area expressed
strong opposition to the water leases. Among those opposed
to the deal is the Town of Presidio Mayor Alcee Tavarez,
who sent a letter to Gov. Rick Perry requesting that he
oppose the project. "They basically want to shove this
down our throats" says Tavarez. Trace Finley, policy
director of the Land Office, said that if the Far West Texas
Water Planning Group rejects the deal, the project would
likely be terminated, unless the Land Commissioner Jerry
Patterson feels it is unfair to Rio Nuevo.
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California's
Strict Smog Law Survives (LA Times 11/23)
http://www.latimes.com/news/science/environment/la-me-smog23nov23,1,329120.story?
coll=la-news-environment
A measure
proposed by Senator Christopher Bond (R-M.O.) that would
have prohibited states from regulating air pollution from
small engines was rejected by members of a House and Senate
conference committee. Small off-road engines, including
those used in lawn mowers, portable generators and boat
engines are a major source of air pollution and smog-forming
emissions. The measure proposed by Senator Bond would have
repealed a California regulation that cut emissions from
small engines by 35%. "It's a health issue and a state's
rights issue. The states view this as an attack on their
rights and authority. It's a message coming from lots of
the states," said S. William Becker, executive director
of the State and Territorial Air Pollution Program Administrators
and the Assn. of Local Air Pollution Control Officials.
The proposal by Senator Bond, if passed, would have resulted
in a 4% increase in total emissions statewide, hampering
California's ability to meet 2010 clean air standards, which
could also cost the state billions of dollars in federal
highway funds. The compromise struck by Senator Bond and
California Senator Feinstein, which allows the rules to
survive, bars other states from passing standards stricter
than the federal rules, and requires the EPA to draft new
rules on small engines.
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