Terrorism
Bill Used to Attack Civic Activism
The American Legislative Exchange Council (ALEC), along with the U.S.
Sportsmen's Alliance, is promoting legislation in states around
the country designed not to protect hunting, fishing, and agriculture
but to criminalize legitimate political activism by American citizens.
The ALEC Criminal Justice Task Force recently voted to adopt a model "Animal
and Ecological Terrorism Act," and the Task Force's chairman,
Texas State Rep. R. Allen introduced a version as HB 433 in early February.
This legislation makes protesting environmental issues a criminal activity,
and increases penalties for animal rights or environmental organizations
participating in activities "with an intent to influence a governmental
entity or the public to take a specific political action." Another
key concern includes the definition of "animal rights or ecological
terrorist organization" as "two or more persons organized
for the purpose of supporting any politically motivated activity intended
to obstruct or deter any person from participating in an activity involving
animals or an activity involving natural resources." There are similarly
broad and outrageous provisions and penalties for funders of environmental
and animal welfare organizations. However, the most obvious proof that
the bill is designed to criminalize activism in the public interest rather
than terrorism is the provision which states: "A person commits
an offense if the person, with political motivation or while acting on
behalf of an animal rights or ecological terrorist organization: prevents
an individual's use of an animal facility without the effective consent
of the facility's owner by: entering the facility to take photographs
or a video recording with the intent to defame the facility or the facility's
owner." Finally, the legislation contains provisions to require
the listing of names and photographs of persons to the internet for three
years: "at which time the individual who is the subject of the record
may apply to the department for a hearing on removal of record."
The cynical use of our national tragedies by ALEC and its corporate and
ultra right-wing supporters in order to criminalize legitimate environmental
activism is obscene and indefensible. In addition to Texas, versions of
the legislation have appeared in Pennsylvania, Maine, and New York, and
it may soon appear in at least Mississippi, Wisconsin, and Washington.
For more information, visit http://www.serconline.org/watchdog/watchdog2003/watchdog29.html. |
3
More States to Fight Bush for Clean Air
(Milwaukee Journal-Sentinel 2/27/3)
Wisconsin, California, and Illinois joined ten other states last
week in filing a legal challenge against the Bush administration
over new rules that would give factories and other polluters more
flexibility in meeting clean air standards. Wisconsin Gov. Jim Doyle
issued a statement saying: "Weakening these federal environmental
and health protections not only endangers Wisconsin's own, more
stringent program to control air emissions, but also undermines
our efforts to protect our citizens and our environment from the
hazards associated with air pollution. We cannot afford to let that
happen." The new rules are set to go into effect Monday, though
states will not have to implement them for a couple of years. |
| back
to top |
| |
Arkansas
to Demote Dept. of Environmental Quality
(Arkansas Democrat-Gazette 2/26/03)
The AR House recently approved an amendment to the state government
reorganization bill which would move the Dept. of Environmental
Quality into the new Dept. of Commerce. The DEQ already has a reputation
for being overly responsive to industry at the expense of the environment,
and opponents of the measure argue that this would create a conflict
of interest. Timber industries and the AR Farm Bureau opposed the
original plan to put the DEQ in a Dept. of Natural Resources, along
with the Soil and Water Conservation Commission and the forestry,
oil and gas commissions. Proponents of the amendment argue that
since the DEQ is a regulatory agency, it fits in Commerce. Terry
Horton, executive director of the Arkansas Wildlife Federation,
called the proposal "absolutely ludicrous" and called
for a review of the reorganization process. |
| back
to top |
| |
California
Mercury Suit May Force Enforcement of Other Labeling Laws
(Fishlink Sublegals 2/14/3)
The recent lawsuit brought by California Attorney General Bill Lockyer
against five major grocery chains for not labeling fish (tuna, swordfish,
shark) containing mercury in amounts requiring consumer notification
under the state's Proposition 65 has brought to light the fact that
other fish products, too, are being sold without warning labels
required by state or federal laws. Recent studies, for example,
have found farmed salmon with excessive amounts of polychlorinated
biphenyls (PCBs), a known carcinogen, at levels approximately 10
times that found in their wild counterparts, and probably great
enough to require labeling under California's Proposition 65 for
sale in that state. Farmed salmon also contain color additives,
otherwise the flesh would be an unappetizing gray, and most fish
farms currently used a petroleum-based dye, canthaxanthin, that
can cause eye damage and recently prompted a European Union advisory
calling for a limit on the use of the chemical. Natural or artificial,
however, U.S. law already requires fish containing colorants to
be labeled, in the retail case and on individual packages, with
signs stating: "artificially colored" or "color
added." In fact, this federal law requiring notice of color
additives is being ignored by local county health departments charged
with enforcing the statute. |
| back
to top |
| |
Study
of Innovative State and Local Transportation Initiatives Released
(CCAP Jan. 2003)
The Center for Clean Air Policy (CCAP) has released a report on
"State and Local Leadership on Transportation and Climate
Change" which aims to broaden the climate change policy discussion
by highlighting innovative state and local initiatives to slow in
growth in vehicle miles traveled (VMT) and reduce greenhouse gas
(GHG) emissions and energy use. The study reports that smart growth
projects can reduce VMT and GHGs from 15 to 52 percent compared
to traditional development projects, and regional smart growth policies
provided reductions between 2 and 10 percent compared to traditional
transport and land use policies. To download a copy, visit http://www.ccap.org/. |
| back
to top |
| |
Manure
Is Major Killer of Ohio Fish (Plain
Dealer 2/25/03)
The Ohio Environmental Council released a report stating pollution
spills and leaks kill 1,000 fish a week. Nearly 75 percent of the
pollution is a result of improper manure management on farms. Although
the group emphasizes the Ohio Division of Wildlife responds well
to incidents, stiffer penalties are needed to offset the environmental
costs and to penalize polluters that fail to report a spill. The
report also emphasizes that the spills do not only affect the fish,
but other wildlife including turtles, mussels, and waterfowl. For
more information on how to deal with excessive manure in your state
visit: http://www.serconline.org/cafos.html. |
| back
to top |
| |
Group
Has a Blueprint to Environmental Reform
(Montgomery Adviser 2/24)
Advocates in Alabama presented a "blueprint for reform"
to the Environmental Management Commission last week. The document
includes 22 recommendations targeting the Alabama Department of
Environmental Management, which has been criticized for being passive
and weak on enforcement. |
| back
to top |
| |
California
'Polluter Pays' Principle May Be Ramped Up
(Los Angeles Times 2/24/03)
As California legislators return to the task of balancing the state's
budgets, some state lawmakers are moving to hike fees on certain
industries in order to make them pay a larger share of the cost
of environmental oversight. Those legislators want to ratchet up
the "polluter pays" principle, which forces industries
that affect the environment – or at least profit from California's
natural resources – to help pay for the regulators who police
them. Without fee increases or other help, a broad range of environmental
watchdog programs face major reductions if budget cuts proposed
by Gov. Gray Davis win approval. There would be less money for monitoring
logging activities in ecological hotspots, for directing toxic cleanups,
and for conducting surveillance of companies that discharge chemical
waste into the water and air. Current law prevents the state from
charging more than a total of $3 million in polluter fees. A legislative
analyst pointed out in 2001 that as a result, the fees cover only
11 percent of the budget for air quality monitoring, enforcement
and research. Davis wants to raise the cap by an additional $10
million and remove exemptions for some businesses. The administration
is also trying to strike a balance on regulating pesticides amid
the budget crunch. Davis wants to raise the maximum permit fee from
its current level of $20,000 by at least several thousand dollars,
so that the program is self-sustaining. But the program would also
be scaled back with cuts in water quality cleanup and investigation.
For more information on environmental fees, see http://www.serconline.org/fiscalreform/pkg_frameset.html. |
| back
to top |
| |
Oregon:
Environmental Oversight Is Slipping Away
(The Oregonian 2/26/03)
The Oregon Department of Environmental Quality (DEQ) is so financially
strapped that the federal Environmental Protection Agency (EPA)
is considering taking over some of its enforcement responsibilities.
The DEQ has relied heavily on industry to police itself in recent
years but conservationists have raised concern because of DEQ's
confidence on industry reports rather than conducting their own
independent analysis of industrial plant or municipal sewer discharges.
This comes at a time when Oregon ranks first in the country for
its backlog of expired industrial wastewater permits while factories
and cities treat their wastewater at unacceptable levels before
discharging into rivers. The Oregon Environmental Council, a statewide
conservation group, is pushing a bill in the Legislature that would
raise the fees industry and others pay to obtain and renew wastewater
discharge permits. While the DEQ remains neutral on the proposal,
industry objects. Without fee increases, the EPA could step in and
become the agency issuing hazardous waste permits, conducting compliance
inspections, and issuing fines in Oregon. The state risks losing
oversight of hazardous waste generators, including the U.S. Army's
Umatilla Chemical Agent Disposal Facility; something neither industry
nor conservationists want. For more on enforcing environmental laws,
see http://www.serconline.org/enforce/stateactivity.html. |
| back
to top |
| |
California
Bill to Provide Incentives for "Non-Toxic" Dry Cleaning
(Asm. Lowenthal 2/21/3)
California Assembly member Alan Lowenthal introduced legislation
to provide incentives for "non-toxic" dry-cleaning.
AB 998, would place a $3 per gallon fee on perchloroethylene (or
PERC), and use the money from the fee to provide financial incentives
to dry-cleaners who purchase non-toxic equipment for their dry-cleaning
business. The toxic chemical PERC is used by the vast majority of
professional dry cleaners in the state, despite being linked to
multiple types of cancer, reproductive disorders and infertility
in both men and women as well as impaired function of the liver
and kidneys. People can come into contact with PERC by living or
working in the vicinity of dry cleaners, from dry cleaned clothing,
or through water sources contaminated by run-off from dry cleaning
businesses. There are several alternatives to PERC, some of which
are non-toxic and less expensive to purchase and operate than PERC
machines. |
| back
to top |
| |
Water
Experts Urge Great Lakes Action
(Great Lakes Bulletin News 2/26/3)
The same patterns of development and waste that drained water supplies
in Western states now threaten the Great Lakes, according to experts
who recently spoke here at a large gathering of conservation and
environmental groups. These experts said that rapidly falling water
tables and water use conflicts in some Great Lakes states indicate
that the problem needs immediate attention. Groundwater levels in
parts of Wisconsin continue to decline at rates approaching 17 feet
per year, and subsiding subsurface water supplies is also evident
in New York, Ohio, and Illinois, where unrestrained use by homes,
farms, and factories draws heavily on underground reserves. Even
in Michigan, the heart of the Great Lakes basin, the inability to
balance rising water consumption with the amount of water that is
actually available has led to water use conflicts, scarcity, and
court battles. "We don't have the appropriate tools or processes
in place to manage our groundwater," said George Kraft, a professor
of water resources at the University of Wisconsin-Stevens Point.
"Frequently, we're flying blind. In many places we don't have
data on stream flows or groundwater levels. We also don't know who
the heck is pumping what. To a large degree, it's the Wild West
out there. If you can drill a well, you can have the water."
Mr. Kraft also explained that the depletion of groundwater quantity
is intimately linked to groundwater quality. He highlighted two
Wisconsin cases where over-pumping of subsurface water sources altered
underground chemistry and created elevated levels of salt, radioactive
materials, and the highly poisonous element arsenic. Depleting underground
water reserves has the potential to degrade aboveground water resources
because the Great Lakes are one hydrologic system comprising an
intricate web of interdependent streams, underground aquifers, wetlands,
and inland lakes. For more information on conserving water, see
http://www.serconline.org/waterconservation/pkg_frameset.html. |
| back
to top |
|
