Colorado
Bill OKs Logging in State Forests
(Denver Post 1/31/03)
A bill that would encourage logging in state parks is working its
way through the Colorado legislature. Rep. Al White's HB1092 authorizes
the state's Dept. of Natural Resources to log forests and make other
changes to try to restore water to watersheds and to reduce fire
danger. But environmental groups worried it would just open the
forests to logging. The bill and a related measure passed out of
committee. Rep. Matt Smith's HB1100, allows local and state governments
to get involved in management of federal forests. Both measures
will move on to the full House. "Some of my constituents think
not only is the fox guarding the chicken house, but the fox has
moved in," said Rep. Alice Madden, D-Boulder. She was the only
member of the House Agriculture, Livestock and Natural Resources
Committee to vote against the bill. Madden tried to amend the bill
to expressly prevent clear-cutting, but the amendment failed 4-9.
Dr. Colbert Cushing, a retired stream ecologist, said forest management
and water management are sometimes in conflict. Forest management
"is going to involve road building, it's going to involve logging,"
he said. "It's sufficient to say any increase in those activities
will increase sediment in the streams, which has a vast array of
negative" consequences. |
| back
to top |
| |
Wildlife
Affected by Tiny Temperature Change
(Environmental News Network 1/30/03)
Two studies in the journal Nature indicate that a one-degree
temperature increase during the last century has been causing major
changes for North American wildlife. Various species, from songbirds
to butterflies, are migrating further north and the traditional
signs of spring, including flowering or egg hatching, are happening
much earlier. The effects on wildlife vary; early bird hatching
could mean two clutches a year rather than one, while other species
will be too sensitive to the temperature changes. These studies
are unique in that they indicate the widespread response to temperature
increases; past studies only showed effects on single species. |
| back
to top |
| |
Utah
Gov. Seeks to Halt Use of Sales Tax Funds for Road Projects
(Smart Growth Online 1/22/03)
In response to dwindling state revenue, Utah Governor Michael Leavitt
announced during his State of the State address a need to overhaul
the state's funding mechanisms. He specifically cited the need,
"to discontinue the practice of funding road construction with
sales tax dollars" and to "create a permanent, adequate,
reliable, and conservation-oriented means to assure our water future."
He stressed that the roadway and water supply projects were initiated
during a time of abundance. The projects do not reflect conservation
practices, those advocated in his Quality Growth program. For more
information on the effects of suburban sprawl in your state visit
http://www.serconline.org/sprawl/pkg_frameset.html. |
| back
to top |
| |
Delaware
Farms Eye New Waste Rules (Dover
Newszap 1/27/03)
In response to the federal government's new rules concerning
Concentrated Animal Feeding Operations (CAFOs), Delaware is looking
at how to blend both sets of rules. The new rules call for states
to develop new permitting programs for CAFOs, set stricter guidelines,
and require a Nutrient Management Plan (NMP) before a CAFO is issued
its water permit. A NMP would include basic components such as animal
waste procedures, a required annual report and mandatory education.
Delaware passed legislation in 1998 requiring farmers in the state
to have Nutrient Management Plans by 2007, however many have complied
voluntarily prior to 2007. Although the rules will change little
in DE, other states may have a tougher time with compliance due
to their decision to wait until federal rules were handed down.
For more information on CAFOs visit http://www.serconline.org/cafos.html. |
| back
to top |
| |
Court
Finds Alabama Standards Below U.S., Allows Citizen Suits
(The Birmingham News, 01/30/03)
Alabama's water pollution enforcement is not up to the standards
of federal law, an appeals court ruled in a decision that is expected
to allow citizens to sue to enforce the Clean Water Act themselves.
The public participation provisions in Alabama are not like the
rights given to citizens under the Clean Water Act, differences
that strike at the heart of whether the law allows citizens to participate
in the decision-making process. The ruling by the 11th Circuit Court
of Appeals is important because it allows citizens in AL to sue
to enforce the law, even when the state already has taken enforcement
action, observers said. Under the Clean Water Act, citizens may
sue to enforce the law only if the state had not diligently prosecuted
the case and only after filing a 60-day notice they intend to sue.
Montgomery environmental lawyer Keith Clark said he estimated the
AL Department of Environmental Management fined the polluter $1
or $2 per violation, instead of the minimum $100 fine as mandated
by state statute. In addition, AL does not allow public comment
on a polluter's punishment and cleanup strategy, in contrast to
the federal government. For more on citizen suits, visit http://www.serconline.org/citizensuits/index.html. |
| back
to top |
| |
Michigan
Environmental Groups Lobby for Wetlands
(Associated Press, 1/17/03)
Michigan Governor Jennifer Granholm promised during her campaign
that she would protect crucial wetlands, taking steps to buy threatened
areas with revenue from an expanded bottle deposit law if necessary.
Yet even with that pledge in place and key lawmakers, environmental
groups and state bureaucrats intent on beefing up protection of
Michigan swamps and bogs, the outlook for Michigan wetlands is murky.
The state's general fund, which supports environmental programs,
is estimated to be $158 million in the red this fiscal year and
facing a shortfall of more than $1.5 billion in the fiscal year
that starts October 1. Environmentalists agree that despite the
demands on general funds, wetland protection should be a priority.
For more on protecting wetlands, please see http://www.serconline.org/wetlands/index.html. |
| back
to top |
| |
DEP
Pushes for Tougher Rules on W. Virginia Logging
(The Dominion Post, 1/30/03)
The West Virginia Department of Environmental Protection (DEP) is
pressuring Governor Bob Wise to more strictly regulate the logging
industry, which they say is contributing to destructive flooding
in the state According to West Virginia law, pollution reduction
is not required of the logging industry. Instead, industry must
follow a voluntary "best management practice." Despite
a detailed study demonstrating that the floods of May 2001 and June
2002 caused millions of dollars of damage and support from the U.S.
Forest Service regarding DEP data, little action has been taken
to limit the effects of logging on flooding. |
| back
to top |
| |
Report
Rates States on Transportation Priorities
(STPP)
New financial analysis finds that investments of just over $300
billion over the last ten years under federal transportation programs
have helped improve the Interstate highway system and rehabilitate
the nation's bridges, though many states have used federal
accounting loopholes to shift money out of bridge repair, traffic
safety and air pollution reduction accounts in favor of other priorities.
The report, titled "The $300 Billion Question: Are We Buying
A Better Transportation System?" and released by the national
non-profit Surface Transportation Policy Project (STPP), finds that
higher priority should be given to investments in cleaner air, safety,
mass transit and infrastructure repairs along with new and stricter
accountability and performance standards. Over the last ten years,
all four areas covered in the report could have seen a far more
dramatic improvement had Congress closed accounting loopholes in
the current TEA-21 law that allow states to shift funds out of road
and bridge repair, traffic safety and clean air accounts and into
more traditional highway construction programs. The report points
to several states in particular that shifted money away from air
pollution reduction and road repair projects in order to build new
transportation facilities, many of which have questionable benefits.
The report details five recommendations to help spend existing transportation
funds more effectively and build more accountability into transportation
finance: (1) Require clearer goals and reward performance; (2) Fix
accounting loopholes in the current TEA-21 law; (3) Build more transparency
into transportation finance; (4) Require stronger "Fix-it-First"
provisions for roads and bridges similar to rules that currently
exist for public transit systems; and (5) Direct federal transportation
dollars beyond state agencies to local decision-makers. Detailed
ten-year state by state spending, condition and performance data
for road repair, bridge repair, traffic safety and clean air are
now available on-line at http://www.transact.org. |
| back
to top |
| |
Gov.
Would End SUV Tax Break in New York (NY
Times 1/28/2003)
Gov. George E. Pataki will propose ending a provision that allows
business owners and the self-employed to claim sizable deductions
for buying giant sport utility vehicles. In his annual budget address
on Wednesday, Governor Pataki will call for closing what he calls
a loophole that has let doctors, real estate agents and others buy
vehicles like Hummers and Ford Excursions, then take a tax break
intended mainly for farmers. The tax break applies to vehicles weighing
more than 6,000 pounds when fully loaded. The law was intended to
benefit small businesses that used trucks and vans for farming,
construction and hauling. The Bush economic plan seeks to increase
tax deductions for those who buy the vehicles. Under Mr. Pataki's
proposal, nonagricultural businesses in New York that claim the
deduction for such a passenger vehicle on their federal tax returns
would be required to restore the deduction to their state income
statements and pay the state tax on it, a spokeswoman for Mr. Pataki
said. The change could apply in the fiscal year that begins on April
1, 2004, if the Legislature approves it, the spokeswoman, Lisa Stoll,
said. Mr. Pataki's aides said that the proposal would raise up to
$2 million a year in new revenue. |
| back
to top |
| |
Penn.
Sues EPA over Lax Clean Air Rules
(Washington Post 1/28/03)
The Pennsylvania Dept. of Environmental Protection has sued the
Bush administration over new "Clear Skies" initiative
rules that would make it easier for industrial plants and refineries
to modernize without having to buy expensive pollution controls.
The EPA regulations amount to a major change in the way older industrial
plants will have to deal with air pollution when they expand, make
major repairs or modify operations to increase efficiency. Nine
other states – Connecticut, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Rhode Island and Vermont –
filed a joint lawsuit in the U.S. Court of Appeals hours after the
Bush administration announced the new rules Dec. 31. Their lawsuit
argues that the new approach amounts to a "gutting" of
the 1970 law that they say has been responsible for substantial
air quality improvements over the past three decades. |
| back
to top |
| |
Michigan
State Legislators Push Bills to Cut Landfill Imports
(Detroit Free Press 1/28/03)
Democratic legislators held news conferences last week to rally
support for legislation to curtail the dumping of trash from outside
Michigan in state landfills. Two state House bills, similar to ones
introduced the past couple of years but never voted on, would limit
trash imports by banning beverage containers from landfills and
requiring out-of-state garbage to meet the same standards as refuse
from within Michigan. Toronto sends all of its trash to southeast
Michigan, which has a glut of landfill space and cheap prices. Michigan
also gets trash from Illinois, Indiana, Ohio and Wisconsin. Some
Upper Peninsula communities send household garbage to Canada, but
those quantities are dwarfed by what Canada sends south. Four bills
were introduced in the Legislature in the past two years. State
Sen. Ken Sikkema, R-Wyoming, pledged Republican cooperation to do
"whatever we need to do" to stop trash imports. The U.S.
Supreme Court and other courts have ruled that garbage is subject
to interstate commerce rules, making state boundaries meaningless
unless Congress intervenes. But state Rep. Paul Condino, D-Southfield,
said state legislators can't wait for Congress to act. He said the
two bills that will be introduced were carefully worded to pass
legal scrutiny. |
| back
to top |
| |
Bills
for NM State Water Plan Introduced
(Albuquerque Tribune 1/29/03)
Two New Mexico lawmakers hope to get the ball rolling on a statewide
water plan, but they say they're willing to let Gov. Bill Richardson
redraft their ideas as necessary. A pair of companion bills in the
House and Senate would direct the state to develop a water plan
to inventory, adjudicate and protect water rights and supplies within
NM. The legislation would direct the Interstate Stream Commission
to develop a comprehensive state water plan that: Quantifies existing
groundwater and surface-water resources. Inventories water rights
and current uses. Prepares water budgets for the state and all river
basins and aquifer systems in NM. The bill also requires public
input and directs the commission to take into account the state's
customs, traditions, environment and the livelihoods that depend
on water. During his campaign for governor, Richardson said he wanted
three new judgeships to establish special courts to decide water
rights cases. He also wanted to beef up a variety of water conservation
and drought planning efforts. More on water conservation at http://www.serconline.org/waterconservation/pkg_frameset.html. |
| back
to top |
| |
Wyoming
Panel Kills Instream Flow Bill
(Billings Gazette 1/12/03)
An attempt to give farmers more flexibility in use of their allocated
water dried up last week because members of the Wyoming House Agriculture
Committee wanted more time to study the issue. Five of the nine
members are rookie legislators and only two are holdovers from last
year's committee. The vote was 6-2 in favor of killing House Bill
147, sponsored by Rep. Kurt Bucholz, R-Saratoga. The intent of the
measure is to allow water rights holders to temporarily use the
water in ways not authorized by their current permits, especially
during drought. Examples include letting the water flow to a different
ditch to irrigate another field or keeping the water in the main
channel, known as an instream flow right, to benefit fish and aquatic
habitat. Current law allows a holder to give, sell or lease rights
for temporary use – up to two years – for highway or railroad construction
or drilling and producing operations in certain cases. The statutes
do not allow a temporary switch of use to benefit the holder of
the rights. Laurie Goodman, representing Trout Unlimited, also praised
Bucholz' effort and said state water law, largely enacted more than
100 years ago, is not keeping up with science. She also made a pitch
for instream flow, saying that keeping water in creeks and streams
is not wasted simply because it flows to another user. The beneficial
uses to fish and wildlife are well documented, she said. Committee
Chairman Rep. Jim Hageman, R-Fort Laramie, told members that the
Senate Agriculture Committee preferred to study instream flow issues
during the interim. Earlier in the session, the Senate panel killed
a broader bill that would have allowed instream flow permits for
reasons other than protecting fisheries, including aesthetics, health
and safety. For more on streamflow legislation, visit http://www.serconline.org/streamflow/stateactivity.html. |
| back
to top |
| |
Wind
Energy – A Hot Topic in South Dakota
(Rapid City Journal 1/30/03)
South Dakota Gov. Mike Rounds is insisting that landowners get more
than just annual payments for allowing huge wind turbines on their
property. Landowners should also get some of the benefit as new
technology reduces the cost of using the wind to generate electricity,
he says. "Part of my responsibility as governor is to make
sure our landowners get treated fairly in the long term," Rounds
said. "This is a valuable resource, and it will be more valuable
in the future. There should be some way to recognize future value
as it grows, because I believe that generators will provide more
power than they do now, and the price will go up in the future market.
There should be some way to recognize that for the benefit of SD
landowners, rather than just getting locked into annual payments."
Rounds has linked possible tax breaks for wind-energy companies
with landowner compensation that goes beyond annual payments. He
suggests that the Legislature give wind-power firms varying degrees
of breaks on property taxes, sales taxes and the contractor's excise
tax. Tax relief should be offered on a sliding scale that is tied
to the amount of money firms invest in the projects, the governor
said. |
| back
to top |
| |
Invasive
Algae Smothering Florida Coral Reefs
(ENS 1/24/03)
An invasive, coral smothering seaweed has spread like a green tide
across the reefs along the south Florida coast. Because the species,
a type of macroalgae, is not native to Florida waters, Caulerpa
brachypus has no natural predators, a problem compounded by the
fact that the species is very hardy, and can spread rapidly if the
nutrients it needs are available. Based on past research, scientists
believe that the spread of this and other macroalgae species, in
Florida and at many troubled reefs around the globe, is driven by
nutrients from land based pollution. In South Florida, one of several
key sources of such pollution is hundreds of millions of gallons
of nutrient rich treated sewage pumped offshore each day. C. brachypus's
explosive growth devastates coral reefs. Besides smothering and
killing the coral itself, it blankets the food on which many fish
rely, forcing them and their predators away from a reef. Florida's
2002 budget, as approved by the state legislature, had included
about half a million dollars for a scientific team to study the
macroalgae problem, but this funding was later eliminated by a line
item veto. C. taxifolia was also discovered off the coast of California
in 2000, and the state has launched a massive effort to prevent
the spread of the toxic algae. For more on controlling invasive
species, visit http://www.serconline.org/invasives/pkg_frameset.html. |
| back
to top |
| |
CA
Sues Grocers over Lack of Mercury Warnings
(ENS 1/27/03)
California's Attorney General recently filed suit against
five grocery chains to force them to post warnings about the presence
of mercury in the fish they sell. Under California's proposition
65, a ballot initiative passed in 1986, businesses must provide
clear and reasonable warning of exposure to known carcinogens and
reproductive toxins. Mercury and methylmercury, which can cause
neurological damage, both fall in this category, and are both found
in fish. Undercover testing by two environmental groups found high
levels of mercury in fish from the five stores, prompting the suit.
Attorney General Lockyer also cited public health agency warnings
against consuming large amounts of tuna, swordfish and shark because
of the high levels of mercury they contain. These fish are especially
dangerous to pregnant women and nursing mothers. For more on how
your state can deal with the dangers of mercury, please see http://www.serconline.org/mercury/pkg_frameset.html. |
| back
to top |
| |
Court
Reverses Ban on Dumping Coal Waste into Streams
(ENN 1/31/03)
A federal appeals court overturned a lower-court ruling that blocked
coal companies from sweeping rubble from mountaintop removal mining
into streams, which could allow for more permits to bury Appalachian
streams beneath huge valley fill-waste piles. A three-judge panel
on the 4th U.S. Circuit Court of Appeals overturned U.S. District
Judge Charles Haden II's ruling, which was issued last May. Judge
Haden's ruling said that the federal Clean Water Act blocked the
U.S. Army Corps of Engineers from authorizing such valley fills.
Haden's ruling came less than a week after the Bush administration
announced changed to federal rules that would remove restrictions
on filling valleys and streams. Many coal companies in West Virginia
and Kentucky dynamite the tops off mountains to get to valuable
low-sulphur coal seams burned for electricity. Waste rubble is swept
off cliffs into valleys, a process, which at times, buries streams.
The case was sent back to the lower court for review. |
| back
to top |
|
