Wildlines Archives
Volume II, Number 49
December 8, 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:
 
 
 
 
 
 
 
 
 
 
Fiscal Reform
State Management of Wolves Called Into Question
ALEC's Resolution on Animal Antibiotic Use
 
Wisconsin: Governor Signs Bill to Hasten Energy Projects
Michigan Lawmakers Consider Ban on Waste
Few States Self-Police with Environmental Impact Laws
Wisconsin DNR to Propose New Air Regulations
Wyoming: Environmental Council to Examine Mineral Rights
New Jersey Lawmakers Target Car Standards
New Hampshire Lead Ban Not Enough to Protect Loons
Texas Dry Cleaners to Get Perc Cleanup Aid
Michigan: E-Waste Legislation Being Considered
California: Urban Water Conservation Measures Needed

Fiscal Reform

With the tremendous budget strains on state governments nationally, lawmakers are looking for ways to raise funds and improve tax fairness. Under these circumstances, lawmakers interested in fiscal reform can improve their state's environment through its fiscal policy using an idea called environmental fees or "environmental tax shifting." Environmental fees are very simple -- by raising taxes on pollution and waste we discourage those harmful practices while making cleaner and safer alternatives more competitive. The intent is to use basic economic principles to get the market to tell the ecological truth. If done properly, environmental fees can help make markets work better by incorporating more of the indirect costs of goods and services such as pollution cleanup or state healthcare costs into the prices of products or services. The change in prices can change consumer and producer behaviors accordingly. By using these simple economic principles, you can improve environmental protection and create new economic opportunities. Far from hurting economies, environmental fees are just one strategy that may help us achieve a safer and more sustainable economy that is not detrimental to our environment and health. For more information on how your state can implement environmental fees, visit: http://www.serconline.org/fiscalreform/pkg_frameset.html.

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State Management of Wolves Called Into Question (Seattle Post-Intelligencer 12/2; Stamford Advocate 12/3)
http://seattlepi.nwsource.com/local/150713_wolves02.html
http://www.stamfordadvocate.com/news/local/state/hc-05095621.apds.m0185.bc-ct--wolfdec05,0,5081850.story?coll=hc-headlines-local-wire

Grey wolves were first introduced into the Yellowstone ecosystem in 1995, and since then their recovery has been seen by many as a great success. The U.S. Fish and Wildlife Service is now deciding whether or not to remove grey wolves from federal protection, leaving management of the wolves in the hands of the states. Some experts worry that leaving the wolf management in the hands of states, which include Montana, Idaho, and Wyoming, all of which were officially hostile to wolf reintroduction, could be detrimental to the wolf population. The U.S. Fish and Wildlife Service has asked 11 experts to review the states plans for wolf management. The experts concluded that the plans should enable states to maintain a viable wolf population, but they did express some concerns about the plans. A number of the experts found the states' reliance on federal funding troublesome. State officials, on the other hand, are confident that the federal government will help, and should help finance the programs. "Since this is a national initiative to restore wolves to the Northern Rockies, the people of the nation should share in the cost," said Chris Smith, chief of staff with Montana's Department of Fish, Wildlife, and Parks. The reviewers also questioned how wolves were to be monitored under the management plans. And, at least one reviewer said Idaho's plan was vague on that point. Ed Bangs, the wolf recovery coordinator for the U.S. Fish and Wildlife Service, said that if the agency finds that the state management plans are adequate, it will then decide whether it will remove the wolves from federal protection. Wolf management practices in Alaska have also drawn close scrutiny, specifically the practice of shooting wolves from airplanes. Friends of Animals, an animal rights group composed of about 200,000 members nationwide, has threatened to organize a national tourism boycott of the state if it does not end the controversial practice. In 1992, Friends of Animals supported a similar boycott in Alaska, where tourism is nearly a $2 billion business, which ended with the then-Governor Walter J. Hickel imposing a moratorium on wolf control. Superior Court Judge Sharon L. Gleason recently decided not to issue a preliminary injunction sought by Friends of Animals, along with seven Alaska plaintiffs, which would have stopped the aerial wolf control program. For more information about wolf preservation, visit: http://www.serconline.org/wolfpreservation/index.html.

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ALEC's Resolution on Animal Antibiotic Use

In the face of rising scientific evidence over the dangers of the use of low-level antibiotics as growth promoting agents and disease preventers in the agricultural industry, the American Legislative Exchange Council's (ALEC) resolution on Animal Antibiotic Use states that these suggestions are not based on sound science. Yet, just recently, the World Health Organization found that the use of antibiotics to promote growth can be reduced if not eliminated, citing Danish practice as a model. ALEC's resolution cites data that suggests that only 40% of the antibiotics administered in this country go toward the agricultural industry, even though more recent estimates put that number as high as 70%. Although the ALEC resolution mentions that the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA) are developing guidelines for the use of antibiotics in agriculture, it neglects to mention that these same agencies have recently denounced the nontherapeutic use of antibiotics. Even though antibiotic resistance is primarily caused by humans, their overuse in the agricultural sector is part of the problem. The agricultural sector is based on an industrial model, which promotes unsanitary conditions for animal rearing and slaughter. Rather than improve the conditions, farmers are forced to depend on antibiotics to keep the animals healthy. The elimination of low-level antibiotics in animal feed is not an unnecessary legislative or regulatory action, as ALEC describes it, but one that is a common sense approach to using drugs routinely prescribed for human use. For more on this subject, visit: http://www.serconline.org/antibiotics/index.html.

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Wisconsin: Governor Signs Bill to Hasten Energy Projects (Milwaukee Journal Sentinel 12/3)
http://www.jsonline.com/bym/news/dec03/189957.asp

Wisconsin Gov. Jim Doyle signed into law a bill to speed the regulatory approval process for new electrical transmission lines and natural gas pipelines -- changes that officials say could cut in half a complex, frustrating process that now takes two years or more. The goal would be to have the reviews done in one year. The bill would speed up approval by creating a joint, seven-employee unit of the Public Service Commission and Department of Natural Resources that works exclusively on applications to build transmission lines or energy pipelines and targeting existing public rights of way for new transmission lines -- areas that would not cause any new environmental damage. The bill is part of an overall economic package to create and project jobs, while providing electricity for the growing demand. Doyle also added he did not anticipate the creation of any new nuclear plants in Wisconsin.

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Michigan Lawmakers Consider Ban on Waste (Detroit Free Press 12/2)
http://www.freep.com/news/metro/trash2_20031202.htm

A number of bills are being considered by the Michigan legislature to control the amount of trash entering Michigan landfills that originates from Canada and other states. Since lawmakers are not allowed to ban the trash outright due to interstate commerce rules and free trade agreements, they are considering restricting the type of trash that enters Michigan and increasing the fee per truckload of trash. A Senate bill proposes to impose a $3 per-ton fee that would increase the cost of waste disposal, making it less attractive for out-of-state haulers; additionally, the bill would increase costs for Michigan residents by $3 to $4 per year. The added revenue, estimated at $40-50 million per year, would be used to fund local recycling and litter reduction efforts. A House bill would require out-of-state trash to meet Michigan standards for trash. Additional legislation being considered includes a 2-year ban on new landfills, and giving the Department of Environmental Quality authority to reject trash that poses a "substantial" health risk.

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Few States Self-Police with Environmental Impact Laws (Stateline.org 12/3)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=337436

The National Environmental Policy Act (NEPA) has become the bedrock of U.S. environmental policy since President Richard Nixon signed it into law in 1970. It is a model relatively few states have chosen to emulate, however, amid strong resistance from industries and developers that stand to be regulated. Like the federal law, State Environmental Quality Acts -- "SEQAs" or "little NEPAs" -- require state, county, and municipal governments to consider the environmental impact of their actions and decisions. If a state project, such as a new highway, could significantly affect the environment, the agency in charge prepares an Environmental Impact Statement (EIS) and the project undergoes a public review process. Only sixteen states have enacted SEQAs, most in the 1970s and 1980s. They are Arkansas, California, Connecticut, Florida, Hawaii, Indiana, Maryland, Massachusetts, Minnesota, Montana, New York, North Carolina, South Dakota, Virginia, Washington, and Wisconsin. The Pennsylvania legislature is currently considering a SEQA. Most states with SEQAs exempt projects that fall under federal jurisdiction and National Environmental Policy Act (NEPA) review, but some environmental groups are promoting SEQAs as a way to counter the damaging environmental rollbacks by President Bush's administration. "Our environmental quality is degrading day by day across this country," said Susan George, state counsel for Defenders of Wildlife. "We're losing land and habitat in increasing amounts as the Bush Administration rolls back clean air and water provisions." For more information on passing SEQA legislation in your state, visit: http://www.serconline.org/SEQA/pkg_frameset.html.

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Wisconsin DNR to Propose New Air Regulations (Milwaukee Journal Sentinel 12/2)
http://www.jsonline.com/news/state/dec03/189746.asp

The Department of Natural Resources (DNR) moved forward Tuesday with plans to regulate the air pollution of large manufacturers and utilities differently than the Bush administration. According to DNR officials, Bush's approach would increase emissions; the proposed approach by the DNR reduces pollution while giving companies some flexibility. The Natural Resources Board voted 6-0 to send the rule package, which affects the two dozen largest manufacturers and utilities in Wisconsin, to public hearings in January. The regulations will come back again to the board and then go to the legislature by mid-2004. The DNR's plans allow companies to pick two years out of the previous 10 years to serve as their benchmark for air pollution. This change recognizes that companies go through business cycles, which can affect how much pollution they create. Another change would allow companies to wait longer before filing another pollution permit if they install the best pollution-fighting equipment that's available.

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Wyoming: Environmental Council to Examine Mineral Rights (Billings Gazette 12/3)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2003/12/03/build/wyoming/30-environmentalcouncil.inc

Wyoming Gov. Dave Freudenthal gave the Environmental Quality Council (EQC) the green light to explore possible changes in state law to address disputes between landowners and those who hold subsurface mineral rights. The issue, known as "split estates," affects approximately 11.6 million acres in Wyoming and has come up recently due to the increased interest in coal bed methane mining. The legislation would also switch oil and gas permitting regulations from the Oil and Gas Conservation Council to the EQC. Thomas Dunn, chairman of the EQC, said current law allows a mining operator, but not an oil or natural gas producer, to request a hearing before the council when an agreement cannot be reached with a landowner on mining and reclamation plans. A change in the statues may help stem future reclamation issues, especially residential reclamation claims. Dunn added that the EQC would like to explore the possibility of tailoring a general permit for individual drainages rather than a selected parcel of land that might span more than one drainage.

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New Jersey Lawmakers Target Car Standards (Philadelphia Inquirer 12/3)
http://www.philly.com/mld/philly/news/local/7400802.htm

New Jersey legislators appear poised to adopt California's auto emission standards. Under federal law, each state must follow either the federal Environmental Protection Agency's emissions rules or California's more stringent standards. By 2018, the California program would institute stringent emissions rules for all new vehicles sold in New Jersey. It would also require that 6 percent of traditionally powered cars in the sales fleet be classified as low-emissions, that 5 percent of the sales fleet be hybrid or gas-electric cars, and that another 5 percent be zero-emission vehicles. Though sponsored by a majority of the state's lawmakers -- 25 senators and 49 members of the Assembly -- the legislation has never come up for a vote. Despite intense environmental lobbying and the promise of the governor's signature, the bill has been blocked in the committee stage since it was introduced two years ago. Massachusetts, Maine, Vermont, and New York have already signed on to California's standards, and Connecticut, Rhode Island, North Carolina, and Maryland are seriously considering doing so, according to the executive director of New Jersey Public Interest Research Group (PIRG). New York requires that 10 percent of sales in the 2004 model year be hybrid or gas-electric cars, according to the state's Department of Environmental Conservation. The automobile industry opposes the bill, especially the portions mandating hybrid and zero emission cars. Jim Appleton, president of the New Jersey Coalition of Automotive Retailers, contends there is not a market for 50,000 hybrid and zero-emission cars in the Garden State, while environmentalists cite a six-month long waiting list for hybrids in New Jersey as proof that there is sufficient demand.

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New Hampshire Lead Ban Not Enough to Protect Loons (Concord Monitor 11/30)
http://www.cmonitor.com/stories/news/state2003/113003loon_lead_2003.shtml

Almost four years ago New Hampshire became the first state in the nation to ban the use of lead fishing tackle on lakes and ponds, hoping to preserve a precariously balanced loon population. But the state's current ban is not working, according to the Loon Preservation Committee. This year, State Senator Carl Johnson is proposing a more stringent law that would ban the use of lead sinkers and jigs on all freshwater bodies, including rivers and streams, while simultaneously making it illegal to possess lead fishing tackle. Lead sinkers and jigs kill loons and at least 27 other species of aquatic birds and turtles. State law says anyone caught using lead sinkers and jigs on lakes and ponds could be subject to a $250 fine. Fish and Game officials said they have yet to issue a single summons, instead opting to educate fishermen. The new proposal says anyone who has lead fishing tackle -- even in a tackle box -- on any freshwater body would be in violation. To learn more about the dangers of lead fishing tackle, visit: http://www.serconline.org/lead/pkg_frameset.html.

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Texas Dry Cleaners to Get Perc Cleanup Aid (Dallas Morning News 11/30)
http://www.dallasnews.com/sharedcontent/dallas/tsw/stories/120103dntexcleaner.18cae.html

The Texas legislature passed a bill to help fund cleanup of contamination from percholoroethylene, or perc, a popular dry cleaning solvent that the Environmental Protection Agency classifies as a carcinogen. It's hard to know how many dry cleaners have contaminated the land in Texas, but about 300 have sought assistance through the Texas Commission on Environmental Quality's voluntary cleanup program. That program provides administrative, technical, and legal incentives to encourage cleanup of contaminated sites. The new fund, however, will help pay for the cleanup costs. The legislation requires most cleaners to pay a registration fee ranging from $250 to $2,500, depending on their annual gross receipts, and pay a fee for each gallon of solvent they use. Rep. Gary Elkins, who sponsored the bill, said he estimated that the fund would generate $6 million to $8 million a year for the next 15 to 18 years. At that point, he hopes the fund will no longer be necessary because cleaners are discontinuing the use of perc.

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Michigan: E-Waste Legislation Being Considered (Lansing State Journal 12/1)
http://www.lsj.com/news/capitol/031201_cnstrash_1a-5a.html

Michigan is one of 29 states currently considering e-waste legislation. Electronic waste, known as e-waste, includes discarded computers, televisions, cell phones, and other electronics devices. The danger of e-waste is that much of it contains dangerous materials such as lead, mercury, cadmium, and other toxic metals, which can leak out of landfills and pollute our land, air, and water. Representative Chris Kolb has proposed legislation that would ban cathode ray tubes (CRTs) in landfills. CRTs, which are a critical component in standard televisions and computer monitors, contain an average of 15 to 20 pounds of lead and smaller amounts of mercury, cadmium, and other toxic metals. Research has proven that lead, which can cause brain damage if ingested, can leak from CRTs discarded in landfills. Some experts predict 500 million U.S. computers are bound for the waste stream by 2007, accounting for 1.6 billion pounds of lead. In response to Kolb's legislation, the Michigan Department of Environmental Quality has formed a task force to study the broader issue of e-waste. "Right now, we're throwing hazardous waste into nonhazardous landfills," says Kolb. "We need to look at how to dispose and recycle these materials." For more information about e-waste, visit: http://www.serconline.org/ewaste/pkg_frameset.html.

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California: Urban Water Conservation Measures Needed (Pacific Institute 11/18)
http://www.pacinst.org/reports/urban_usage/index.htm

Researchers believe they have found the solution to California's future water needs -- efficiency and conservation. After three years of preparation, a new study was released by the Pacific Institute of Oakland, California, entitled "Waste Not, Want Not: The Potential for Urban Water Conservation in California." The report examines residential, commercial, institutional, and industrial water use in the state. The study found that California can cut its urban water use by a third through the implementation of existing efficient technology, changes in policy and pricing, public education, and new techniques for commercial, industrial, and institutional water users. At least 85% of these savings cost less than what it will cost to tap into new sources of supply. Contrary to what many people believe, conserving water does not mean short showers and brown lawns. "Current available water-efficient technology can help us save water without sacrificing our quality of life," says Dana Haasz, a report author. Conserving water not only provides economic benefits but, by avoiding the adverse social and environmental impacts that come along with any new major water project, it also provides many environmental benefits. "Saving water is a win for water agencies, a win for our environment, and a win for consumers," says Dr. Gary H. Wolff, a senior economist with the Pacific Institute and author of the report's economic analysis. For more information about water conservation, visit: http://www.serconline.org/waterconservation/pkg_frameset.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]