Home > Wildlines Archives > Wildlines, Volume III, Number 10
Volume III, Number 10
March 8, 2004
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:
 
 
 
 
 
 
 
 
 
 
 
 
Endocrine Disruptors
Michigan Bills Would Implement Permit Process for Water Withdrawals
Something Stinks in the Iowa Legislature
 
California Sprawl Initiatives Falter
Maryland Computer Recycling Bill Advances in Legislature
New Mexico: City of Albuquerque to Protect Xeriscaping
Oregon Adopts More Stringent Water Quality Standards
California County Voters Ban Biotech Crops
Alaska Bill Gives Priority to Fish and Game Consumption
Arizona Bill Would Have State Pay for Tank Cleanups
WA: Agency Wants Orca Added to State's Endangered Species List
IL: Lawmakers Want to Reverse Bush Administration Air Standards
New Mexico New Laws Promote Green Energy
FL: Battle Looming over Manatee Protection, Boat Speed Limits
MN: Senate Bill Offering Bounty for Mercury Advances
Endocrine Disruptors

Information regarding the dangers of endocrine disruptors (EDCs) dates back to 1923, although more attention has been paid to the issue since the early 1990s. Endocrine disruptors are external agents that interfere in some way with the role of natural hormones in the body. An agent might disrupt the endocrine system by affecting any of the various stages of hormone production and activity, including the growth, development, and reproductive capabilities of an organism. These external agents include well-known chemicals such as DDT and PCBs, and lesser-known chemicals including Bisphenol A -- used in many plastic products -- and endosulfans. It has been well established that large doses of endocrine disruptors are especially harmful to both humans and wildlife, but the consequences of low-dose exposure has not been clarified. Further research needs to be done to establish dose/response relationships and understand the modes of action for the observed effects of EDCs. EDCs have been associated with the thinning of eggshells and gonad deformities of birds of prey as a result of DDT exposure, and a worldwide population decline of gastropods as a result of an antifouling agent, TBT. For more information about endocrine disruptors, visit: http://www.serconline.org/endoDisrupt.html.
back to top
 
Michigan Bills Would Implement Permit Process for Water Withdrawals (Ann Arbor News 3/3)
http://www.mlive.com/news/statewide/index.ssf?/base/news-3/107831235861410.xml

Two Michigan legislators said today that they are ready to introduce legislation that would, for the first time, regulate the amount of water that can be pumped from wells and surface waters in Michigan. The Michigan Water Legacy Act, sponsored by Rep. Chris Kolb and Sen. Liz Brater, would require permits or conservation plans from major users such as power plants, city water systems, golf courses, and farmers who grow such heavily irrigated crops as potatoes and seed corn. "The Great Lakes are being eyed by other states as a potential source of free, fresh water," Gov. Jennifer Granholm said in a statement announcing that the bill was ready to be introduced. "Unless the state takes steps to better protect and manage our water resources, we will see withdrawals and diversions of water that threaten ecosystems, our way of life, and most importantly, our economy." The legislation would require a permit for any new water withdrawal in excess of 2 million gallons a day or 100 million gallons a year. The permits would be valid for 20 years. The requirement would not apply to current water users, unless they increase their usage. After 2009, large users that remained exempt from the permits would be required to submit water management and conservation plans. Sen. Brater cited recent studies by the U.S. Geological Survey, which indicate groundwater pumping has lowered the water table so far at some locations that underground aquifers that once fed Lake Michigan are now actually drawing water away from the lake. "This is a very urgent situation," Brater said. "We've withdrawn so much water from our aquifers that the lakes are flowing backward to fill them up." For more information about regulating water withdrawals in your state, visit: http://www.serconline.org/groundwaterWithPermit/pkg_frameset.html.
back to top
 
Something Stinks in the Iowa Legislature

The Iowa House Committee on Environmental Protection has introduced HSB 695, a bill that would limit the ability of the state to regulate the air quality of CAFOS, or Concentrated Animal Feeding Operations. The bill restricts the ability of the state to create stricter standards than those of the U.S. Environmental Protection Agency and sets standards for ammonia, hydrogen sulfide, and odor at standards that will not allow for any enforcement. Ammonia and hydrogen sulfide are two components of CAFO air pollution that can be quite dangerous. Both gases at levels of 20 ppb (parts per billion) can cause eye and respiratory system irritation and can be dangerous to persons with a weakened immune system. The levels that would trigger enforcement under HSB 695 are levels as high as 70 ppb of hydrogen sulfide for 14 consecutive days and 1700 ppb of ammonia for 14 consecutive days. Air emissions, including noxious odors, from CAFOs can be detected up to six miles away and have been shown to decrease neighboring property values and to decrease the quality of life for neighbors of CAFOs . Last year, the Iowa Department of Natural Resources handed down more stringent ambient air quality standards for both hydrogen sulfide and ammonia, which were quickly repealed by the legislature. This is clearly an attempt by owners of CAFOs to circumvent their responsibility for their less than stellar environmental practices. This smells similar to an amnesty agreement offered by the EPA, in June 2003, which let some of the largest CAFO owners avoid prosecution for current violations of the Clean Air Act in exchange for a self-run study to look into the issue. HSB 695 should be stopped before it is brought to the full legislature, and sensible standards, which protect the workers and neighbors of these environmental disasters, should be put in place. For more information on air emissions from CAFOs, visit: http://www.serconline.org/cafoAirEmissions.html.
back to top
 
California Sprawl Initiatives Falter (San Francisco Chronicle 3/3)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/03/03/BAG1A5D1C91.DTL
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/03/03/politics0344EST0053.DTL

Two separate county initiatives to curb sprawl failed last week, as voters rejected a number of proposed referendum questions. In Contra Costa County, voters rejected a measure that would have outlawed huge stores in unincorporated areas, a move that could affect plans by retail giant Wal-Mart to bring 40 supercenters to California. Last year, the Board of Supervisors voted, in a pre-emptive move, to ban the box-style development, but a campaign was waged to bring the issue to ballot. Supporters of the ban argued local officials should be able to determine the type of development that occurs in their community. In San Diego County, voters rejected the Rural Lands Initiative, which would have put a 20-year ban on the subdivision of more than 1,000 square miles of "backcountry" -- an area of dry hills, farms, and brush-covered mountains. The county rejected a similar measure in 1998. Four California counties have passed similar measures. For more information on how your state can curb sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
back to top
 
Maryland Computer Recycling Bill Advances in Legislature (NCEL 3/3)
http://www.ncel.net/

Maryland HB 109, a bill to develop a comprehensive plan and funding mechanism for computer recycling, was approved last week by the state House Environmental Matters Committee. "Developing this plan is a critical step to protect the environment and public health," said Delegate Maggie McIntosh, Chair of the House Environmental Matters Committee. "This is a long-term and complex problem, one that we must begin to tackle now." Irresponsibly discarded computers represent one of the fastest growing toxic waste streams in the U.S.; it is estimated that there will soon be 300 to 600 million obsolete computers across the country. Computers contain lead, mercury, cadmium, and flame retardants, and are potentially highly toxic when discarded in landfills and incinerators. Maryland public health officials who support the bill say it will help prevent future illnesses. Delegate Dan Morhaim, who introduced the legislation, is the only physician in the Maryland House of Delegates. The bill now goes before the entire MD House of Delegates for consideration. For more information on what your state can do to prevent the growing problem of electronic waste, visit http://www.serconline.org/ewaste/pkg_frameset.html.
back to top
 
New Mexico: City of Albuquerque to Protect Xeriscaping (Albuquerque Tribune 3/3)
http://www.abqtrib.com/archives/news04/030204_news_council.shtml

Albuquerque city councilors say they are looking after the public welfare by encouraging water-saving xeriscaped lawns. The council voted 6-3 in favor of a bill that prohibits covenants against xeriscaping from being enforced. Councilor Martin Heinrich, the bill's sponsor, says it simply gives property owners the right to choose whether they want to xeriscape their lawns. In recent years, at least two homeowners have been sued by property owner associations for ripping out their turf to xeriscape for water conservation. City Attorney Bob White said the council can legally restrict covenants when a greater public interest is involved. In this case, Heinrich said, the interest is in protecting the city's water supply. Covenants are often established to govern the appearance of homes in real estate developments, with the intent to give neighborhoods a uniform look and prevent the appearance of deterioration and ultimately protect property values. Several people spoke in favor of the ordinance. "We feel every homeowner ought to have the right to choose if they want to water a lawn," said Sander Rue, vice president of the Rancho Sereno Neighborhood Association. "We feel, if Albuquerque residents wish to conserve water, they should have the right to do that. People should be able to choose their own landscaping," Defenders of Wildlife water counsel Kara Gillon said. The bill becomes law 90 days after it reaches Mayor Martin Chavez's desk. Chavez is expected to sign it.
back to top
 
Oregon Adopts More Stringent Water Quality Standards (Statesman Journal 3/3)
http://news.statesmanjournal.com/article.cfm?i=76343

A successful lawsuit brought against the state by Northwest Environmental Advocates of Portland has prompted Oregon to pass tougher water standards intended to protect endangered trout and salmon. While old standards used a uniform temperature for all waterways and all seasons, new standards adhere to optimal water temperatures that vary throughout the year and in different tributaries for different endangered species. Discharges from all pipes and nonpoint pollution sources will be affected. The new rules will be effective immediately, but cities and industrial sites are only required to demonstrate compliance when they renew their water quality permits (about every five years). Some environmentalists and others are concerned that the change will do little to improve the health or populations of the endangered fish they seek to protect. These concerns stem from the fact that the state lacks stringent standards for where to conduct temperature measurements, as well as disagreements over optimal temperatures for spawning fish. The new rules will not require a substantial temperature change for many waterways, and some argue that the state is limiting environmental protections in favor of business interests. "Political powers do not want to be more restrictive on logging and farming and grazing," said Nina Bell, executive director of the group that filed the lawsuit. "So we've seen governor after governor, along with legislatures, not doing anything to change the status quo."
back to top
 
California County Voters Ban Biotech Crops (Press Democrat 3/3; Mercury News 3/4)
http://www.pressdemocrat.com/local/vote04/local/03gmo_a1.html
http://www.mercurynews.com/mld/mercurynews/business/8103136.htm

Mendocino County voters enacted the first ban in the nation to bar genetically modified crops and animals last week. Pushed by organic farmers, who admit the move is largely symbolic at this point, Measure H was approved by a margin of 56% to 44%, and appears to have set a precedent that other counties may try to emulate. Groups in Sonoma and Humboldt counties already are preparing drives to qualify similar initiatives on the November ballot. It appears, however, that local opponents and CropLife America (a consortium of agri-business interests) are poised either to file a lawsuit to overturn the ban or advocate for statewide legislation that would nullify the county ban. For more information on genetically modified organisms, visit: http://www.serconline.org/geFood/index.html.
back to top
 
Alaska Bill Gives Priority to Fish and Game Consumption (Anchorage Daily News 3/2)
http://www.adn.com/alaska/story/4805037p-4746452c.html

Alaska Sen. Seekins has introduced a bill that would give priority to fish and game consumption, in conflicts over how to allocate natural resources. The bill would instruct the department and the boards of fish and game to give more weight to consumption of fish and game, rather than uses such as wildlife viewing and research, in making management and allocation decisions. However, some officials question the full intent of the bill and what consequences the commercial fishing and tourism industries may face as a consequence of the bill. Wayne Regelin, deputy commissioner of the Department of Fish and Game, said department staff strongly support hunting and fishing, but they have concerns about Seekins' bill. Making it a "fundamental right" could hamstring the department's ability to regulate the activity, including requiring licenses and enforcing trespass laws. Sen. Seekins said telling the department to view hunting and fishing as a right when deciding management and allocation does not mean the activity could not be regulated.
back to top
 
Arizona Bill Would Have State Pay for Tank Cleanups (Arizona Republic 3/2)
http://www.azcentral.com/news/articles/0302leakingtanks02.html

Arizona taxpayers would foot the bill for cleaning up leaking underground storage tanks for the next six years, whether they belong to large oil companies or mom-and-pop operations, under a bill that is advancing at the state legislature. Tank owners would have to report any leaks by July 2006 and file their claims by 2010. The 1-cent-a-gallon gasoline tax that has been paying for the cleanups would expire in 2011, leaving tank owners and operators responsible for their own cleanups after that date. Although HB 2677 passed the House Environment Committee on a unanimous vote, several committee members had reservations. Rep. Ken Clark questioned why the state would not follow its current policy, upheld by a Maricopa County Superior Court judge in January, which puts primary financial responsibility on the tank owner. He was referring to a case involving Bennett Oil, a Prescott firm operated by Senate President Ken Bennett and his family. Bennett Oil applied for reimbursement from the State Assurance Fund for costs related to cleaning up leaking gas-storage tanks. The Arizona Department of Environmental Quality (ADEQ) rejected the claim, noting that the firm had insurance coverage for those expenses. The case revolved around a shift in how the ADEQ treated cleanup claims. For years, the agency used the State Assurance Fund as the primary source of cleanup dollars. But that changed with the Bennett Oil case in 2002, when agency directors questioned why taxpayers should be paying for costs covered by tank operators' insurance. Since then, the agency has rejected 111 such claims from other companies, saving taxpayers $5.2 million.
back to top
 
WA: Agency Wants Orca Added to State's Endangered Species List (Seattle Post-Intelligencer 3/2)
http://seattlepi.nwsource.com/local/162785_orcas02.html

Due to an alarming decline in the Puget Sound's orca population, the Washington Department of Fish and Wildlife wants the whales added to the state's list of endangered species. A shortage of salmon, their favorite food, combined with high levels of toxic substances in the orcas and harassment by overzealous whale watchers are blamed for the decline. Although the National Marine Fisheries Service ruled in 2002 that the animals were not eligible for federal endangered species status, local advocates of listing the orcas at the state level believe that the state is taking the right steps to help protect remaining whales. States have assumed an increasingly prominent role in issuing and enforcing environmental protections, and the listing of Washington whales could prompt stricter monitoring of water pollution violations. State-level listing could help raise national awareness over the orca decline; Canada has already listed the species as endangered. Washington's Fish and Wildlife Commission is expected to issue a decision over whether to list the animals early next month. For more information on how your state can act to protect declining species, visit: http://www.serconline.org/esa/index.html.
back to top
 
IL: Lawmakers Want to Reverse Bush Administration Air Standards (Lincoln Courier 3/2)
http://www.lincolncourier.com/news/04/02/25/c.asp

Illinois state lawmakers are sponsoring bills to reverse the Bush Administration's changes to clean air regulation in their state, because the loopholes President Bush added to the Clean Air Act in 2002 have hurt the people of Illinois. "It's not rocket science; air pollution causes disease," said Brian Urbaszweski of the American Lung Association. Pollution in Illinois is linked to 1,700 deaths and 33,000 asthma attacks every year, he added. Sen. Barack Obama and Rep. Elaine Nekritz sponsored HB 6555 and SB 3147, which would set Illinois clean air policy at the levels required in 2002, before the Bush Administration's changes. The Bush Administration's changes scale back the requirements for Illinois' 22 coal-burning power plants to update their air-cleaning technology, by allowing polluters to pick the highest emission level from the past 10 years at a facility -- instead of the past two years -- as the maximum level of pollution allowed, and changing the requirements for installing pollution reduction technology. Before the federal government can order a technology upgrade, plants must do a major renovation, costing more than 20 percent of the value of the property. For more information on cleaning up power plants, visit: http://www.serconline.org/clean/index.html.
back to top
 
New Mexico New Laws Promote Green Energy (Santa Fe New Mexican 3/5)
http://www.sfnewmexican.com/main.asp?SectionID=2&SubSectionID=7&ArticleID=41437

New Mexico Gov. Bill Richardson signed several bills into law this week to help boost green energy in his state. The first law was a provision requiring utilities to produce 10 percent of their energy through renewable sources by 2011. The law also gives utilities authority to create green-power programs that allow individual customers to buy and sell renewable energy at a premium price. The other new laws create tax incentives for people who buy energy-efficient vehicles and support renewable energy development. One measure allocates about $200,000 for efforts to spur and organize hydrogen research and development and another allots $500,000 for renewable energy-saving upgrades to state buildings, schools, and nonprofit organizations. In addition, the legislature appropriated about $2.6 million out of the governor's budget for energy upgrades at state and school buildings. The governor had requested $6 million. Several of the governor's proposals died in the legislature, including a bill that would have created a bonding mechanism to promote energy-efficiency upgrades, which pay for themselves in lower utility bills. For more ideas on how your state can promote green power and energy efficiency, visit: http://www.serconline.org/cleanenergy.html.
back to top
 
FL: Battle Looming over Manatee Protection, Boat Speed Limits (News-Press 3/5)
http://www.news-press.com/news/local_state/040227manatee.html

In an effort to continue to protect manatees, a federal- and state-listed endangered species, the U.S. Fish and Wildlife Service (USFWS) reinstituted state boat speed limits in certain waters, ignoring a ruling by Twentieth Circuit Senior Judge Jack Schoonover, which held that state speed zones in five areas of the county were unconstitutional. The USFWS acted in response to the ruling, stating that the zones in question are critically important manatee protection areas. Some boaters and county officials are upset and are seeking further legal recourse. Environmentalists praised the decision, citing the dangers to manatees from speeding boats. The vegetation and shallow waters that attract manatees are also great fishing areas. Getting to their feeding sites often takes manatees down narrow streams. Manatees are not fast swimmers and they surface every few minutes for a breath of air. Most adult manatees bear the telltale scars of past encounters with boat propellers. Many manatees are killed by such accidents. There are currently no speed restrictions in the manatee protection zones in question. For more information on how your state can protect endangered species, visit: http://www.serconline.org/esa/index.html.
back to top
 
MN: Senate Bill Offering Bounty for Mercury Advances (Pioneer Press 3/5)
http://www.twincities.com/mld/twincities/news/local/8100059.htm

The Senate Environment and Natural Resources Committee in Minnesota passed a bill this week making it easier to recover and recycle mercury from switches in automobiles. Mercury is a potent neurotoxin, no level of which is safe to release into the environment, and can pose a serious public health threat. The bill shifts the burden of removing the mercury from automakers to the state Office of Environmental Assistance, but still has automakers pay administrative costs and a $1 bounty for each mercury switch or pellet recovered. The committee also simplified the paperwork expected of recyclers by requiring them to keep track only of the number of cars and switches. While the mercury contained in the switches is a relatively small portion of the mercury used in Minnesota, the committee sees a good opportunity to capture the mercury before it's wasted. They and industry representatives contend auto salvagers don't recover nearly as many mercury switches as they should because they see little financial incentive to do so. When vehicles with the switches are shredded and smelted, mercury is released into the atmosphere, with some of the neurotoxin eventually getting back into the food chain. For more ways to curb mercury releases in your state, visit: http://www.serconline.org/mercury/pkg_frameset.html.
back to top

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]