Home > Wildlines Archives > Wildlines, Volume III, Number 11
Volume III, Number 11
March 15, 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:
 
 
 
 
 
 
 
 
 
 
Biodiesel
Vermont Senate Votes to Hold Biotech Firms Liable
ALEC's "Common Sense" Scientific & Technical Evidence Act
 
West Virginia Bill Would Aid Preservation, Local Zoning
Arizona Bill Proposes to Use Preservation Funds for Military Bases
TN: Agreement Reached on Building Roads, Protecting Waterways
Wyoming Session Ends with No Plan for Wolves
New Mexico Proposal Clamps Down on Oil Drilling
FL: Bill Would Exempt Gun Ranges from Cleanup
New Jersey Enlists Help to Combat Invasive Species
Vermont Senate Wants to Ban Some Dish Detergents
California Plans to Regulate Perchlorate
Maine Bill Seeks to Relax Pollution Standards
Biodiesel

We live in an age where oil acquisition and consumption dominate the course of national and international politics throughout much of the world. Nowhere is this more apparent than in the United States, where 25 percent of the world's oil is consumed. Our dependence on oil is responsible for many of the greatest environmental, health, and security problems our nation faces today. Finding a way to ease our dependence on oil presents one of the paramount challenges of our age. In 2002, diesel fuel accounted for almost 23 percent of total vehicle fuel consumption in the United States. Biodiesel, which is a relatively clean-burning, renewable fuel produced from new and used animal and vegetable oil, could be used to replace at least a portion of the diesel fuel consumed in this country. Biodiesel has three large advantages over regular petroleum diesel. First, it is not a petroleum-based fuel, which means that using biodiesel would reduce our dependence on foreign oil. Second, biodiesel is produced domestically, which means that using biodiesel will create jobs and contribute to local economies. The third major advantage of biodiesel is that it is cleaner than conventional diesel; biodiesel produces significantly less harmful emissions than regular petroleum diesel when burned in a combustion engine. For more information on how your state can incorporate biodiesel into its fuel supply, visit: http://www.serconline.org/biodiesel/index.html.
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Vermont Senate Votes to Hold Biotech Firms Liable (ENS 3/12)
http://www.ens-newswire.com/ens/mar2004/2004-03-12-09.asp#anchor1

Vermont Senators voted 28-0 to support the Farmer Protection Act (S 164), a bill to hold biotech corporations liable for unintended contamination of conventional or organic crops by genetically engineered plant materials. The debate revolved around patent laws that allow biotech corporations like Monsanto to sue farmers for patent infringement whose fields are contaminated with genetically modified pollen or plant materials. The vote comes after 79 Vermont towns have passed Town Meeting measures calling on lawmakers in Montpelier and Washington to enact a moratorium on genetically modified organisms (GMOs) and 10 percent of Vermont's conventional dairy farmers have pledged not to plant the crops. "The Farmer Protection Act is a preemptive strike to stop predatory lawsuits against Vermont's family farmers by biotech companies like Monsanto," said Ben Davis of the Vermont Public Interest Research Group (VPIRG). "Today the Vermont Senate took the first step to defend family farmers from these kinds of intimidation suits and the hazards of genetically engineered crops." For more information on how states are dealing with GMOs, see: http://www.serconline.org/geFood/index.html.
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ALEC's "Common Sense" Scientific & Technical Evidence Act

The American Legislative Exchange Council's (ALEC) Scientific and Technical Evidence Act is not based on common sense. Instead, it is based on "corporate polluters' sense." This bill makes it more difficult to hold corporations accountable for their threats to human health and the environment. The act appears to be innocuous by simply defining scientific evidence and expert testimony. Those definitions, however, have serious consequences because they significantly limit the evidence that can be presented to the court. One common-sense guideline that would be excluded by the act is the precautionary principle. The precautionary principle -- better safe than sorry -- states that regulation should be based on precautionary measures, even if a cause-and-effect relationship is not fully established. For example, schools should limit the use of dangerous chemicals and pesticides before there is direct proof that children are sick. This bill would encourage a "sorry before safe" decision-making approach. This "sorry before safe" approach means we have to wait for damage to occur before we have "direct scientific evidence" needed to stop the harm. If a statistical correlation showed that dangerous chemicals in certain schools were hurting children in those schools, ALEC's model legislation would not allow that information to become evidence in a lawsuit at another school. ALEC's bill requires direct evidence of a specific pollutant hurting a specific child before the use of dangerous chemicals has to be discontinued. It's not using common sense to wait for a child to get sick before we act. ALEC's bill makes it more difficult for environmental activists to bring lawsuits against corporate polluters. By not allowing relevant information as evidence in court, this bill takes power away from states, judges, and juries. ALEC would have you believe that their legal definitions are commonplace, but there are sharp divisions among the courts regarding the proper standard for "expert testimony." The Federal Rules of Evidence do not give any indication that "general acceptance" is a necessary precondition to the admissibility of scientific evidence. When dealing with our children's health, it makes sense for the court to consider and weigh all relevant information. ALEC-influenced bills on this subject have been introduced in South Dakota, Oregon, Wisconsin, and Pennsylvania this year. These states, and others, should be careful to protect their citizens, rather than protecting polluters, as ALEC would have them do. For more information about ALEC's model bills, go to: http://www.serconline.org/alecIndex.html.
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West Virginia Bill Would Aid Preservation, Local Zoning (The Dominion Post 3/12)
http://www.dominionpost.com/a/news/2004/03/12/ae/

West Virginia SB 454, backed by a bipartisan group of lawmakers, would give local authorities more control over planning and zoning efforts. The bill, which was recently approved by the House Government Rules Committee, would allow municipalities and counties to regulate planning efforts. Proponents say it will be especially helpful in preserving historic districts and buildings, and is expected to aid conservation and wise land use efforts. If the bill passes, it will give local governments more control in guiding land use, housing, traffic congestion relief, recreation, conservation, and public service goals. Local governments could also establish "corridor overlay districts," which would allow them to preserve historic buildings and landmarks and establish design/architectural standards for new projects. The bill is currently being considered by the House of Delegates; if approved it will move to the Senate for a full vote. For more information on how your state can curb sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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Arizona Bill Proposes to Use Preservation Funds for Military Bases (Arizona Daily Star 2/11)
http://www.dailystar.com/dailystar/news/13341.php

Arizona SB 1039 would seek to help preserve military bases in the state by establishing regulations governing what can be built near them and a fund to help buy development rights in adjacent restricted zones. But some are questioning the legality of the proposed method of paying for the annual $14.3 million to help buy those development rights. As proposed, that money would be taken from the annual $20 million that voters approved in 1998, specifically intended to buy land for preservation. Sandy Bahr, a lobbyist for the Sierra Club, said Proposition 105, a constitutional amendment also passed in 1998, requires major changes like this one to be approved by voters. A Senate staff attorney disagrees, claiming that the 1998 Growing Smarter initiative could be interpreted to allow lawmakers to redirect the funds. Legal or not, opponents say it's inappropriate for the state to use funds approved by voters for a particular purpose to suit its own agenda of retaining military bases. For more information on how to make conservation funding a priority in your state, visit: http://www.serconline.org/conservationfunding/index.html.
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TN: Agreement Reached on Building Roads, Protecting Waterways (The Tennessean 3/11) http://tennessean.com/government/archives/04/03/48173108.shtml?Element_ID=48173108

In an unusual consensus, Tennessee road builders and state environmental departments signed an agreement to ensure roads are built without damaging waterways. The agreement clarifies methods needed to halt erosion, establishes the planning required on the front-end for storm water management, and creates quality control teams to monitor projects. Lawmakers are relieved to have reached a settlement following years of interdepartmental disputes that resulted in several lawsuits, mostly over stream damage caused by road building. Environmentalists say they are satisfied with the deal, but warn that they will be monitoring the situation carefully to make sure transportation officials play by the rules.
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Wyoming Session Ends with No Plan for Wolves (Billings Gazette 3/9)
http://www.billingsgazette.com/index.php?display=rednews/2004/03/09/build/wyoming/20-wolves.inc

The Wyoming legislature completed its 2004 session without approving any wolf management plan that would satisfy the federal government, effectively ending efforts to remove the predator from the endangered species list at least until next year. The legislature's failure to act also brought Wyoming closer to an expected lawsuit against the federal government over its rejection of a wolf management plan adopted administratively last year. Montana, Idaho, and Wyoming must all submit acceptable wolf management plans before the U.S. Fish and Wildlife Service will consider removing wolves from federal protection and turning management over to the states. Although it approved plans from Idaho and Montana, the agency rejected Wyoming's plan in January, about three weeks before the start of the session. The main point of contention is Wyoming's proposal to allow wolves to be shot virtually on sight outside of Yellowstone and Grand Teton national parks and adjacent wilderness areas. One bill before the legislature would have brought state policy more in line with the wishes of federal game officials. The bill followed negotiations between Fish and Wildlife Director Steve Williams and lawmakers in Cheyenne. However, the bill failed to get enough votes to make it to the House floor and the talks ended. Another bill would have taken the opposite tack, revising state law to conform to the rejected administrative plan. The reasoning was that a seamless position would bolster the state's standing in court. That bill passed the House but died in Senate committee. For more information of wolf management plans, see: http://www.serconline.org/wolfpreservation/index.html.
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New Mexico Proposal Clamps Down on Oil Drilling (Carlsbad Current-Argus 3/8)
http://www.currentargus.com/artman/publish/article_5203.shtml

New Mexico's alternative to a federal proposal for guiding oil and gas development on Otero Mesa would make 310,500 acres of desert grassland off-limits to drilling. Gov. Bill Richardson, who opposes drilling on the southern New Mexico mesa, described the area as "sacred grasslands." The state's proposal for Otero Mesa would place restrictions on 894,000 acres to protect plants and animals, groundwater, and cultural resources. Gov. Richardson, environmentalists, ranchers, and hunters have criticized the U.S. Bureau of Land Management's (BLM) plan, saying it falls far short of what is needed to protect fragile and biologically rich Chihuahuan Desert grasslands. The state plan would leave 709,350 acres open to leasing with no special restrictions, compared with 1.4 million acres in the BLM plan.
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FL: Bill Would Exempt Gun Ranges from Cleanup (St. Petersburg Times 3/5)
http://www.stpetetimes.com/2004/03/05/State/Gun_fee_proposed_to_c.shtml

The Florida legislature is moving quickly to pass a law that prohibits the state, cities, or counties from suing gun ranges to require cleanups. The bill exempts ranges from any cleanup costs if they inform the state by 2005. The National Rifle Association and conservative lawmakers consider environmental enforcement at gun ranges an assault on the Second Amendment's right to bear arms. Supporters introduced the measure just as state regulators are preparing to go to court in a three-year-old lawsuit against a Pinellas County shooting range that is accused of contaminating public property with lead, arsenic, and antimony from lead shot and splintered clay pigeons. The bill would require the state to withdraw all lawsuits within 30 days after it becomes law. Environmentalists are outraged. They say the bill would let polluters off the hook and subject state regulators to misdemeanor charges if they decided to sue a gun range owner. "Here's a public employee out there that we pay with our state tax dollars trying to protect our health and well-being and you're saying put him in jail," said Susie Caplowe, a lobbyist with the Florida Chapter of the Sierra Club. "That's outrageous." Mike Sole, Director of the Department of Environmental Protection's Division of Waste Management, is worried that the bill will send the wrong message. Of the 400 gun ranges, only 26 have been found to have problems, and most of them are voluntarily offering to work with the state to devise a cleanup plan, Sole said. "If this passes, we would have no incentive to get owners to cooperate," he said. Governor Bush, who initially opposed the bill, is negotiating with Senate sponsors. The compromise is a proposal to charge gun buyers a special fee to clean up polluted gun ranges.
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New Jersey Enlists Help to Combat Invasive Species (ENS 3/5)
http://www.ens-newswire.com/ens/mar2004/2004-03-08-09.asp#anchor1

Invasive (non-native) plants, insects, and other organisms in New Jersey are so damaging to the state's biological diversity and economy that Governor James McGreevey recently established the New Jersey Invasive Species Council to develop comprehensive measures to fight them. The new Invasive Species Council, co-chaired by Department of Environmental Protection Commissioner Bradley Campbell and Department of Agriculture Secretary Charles Kuperus, is expected to develop a New Jersey Invasive Species Management Plan to be submitted to the governor by June 2005. The governor signed the Executive Order after accepting a new Department of Environmental Protection report that details the substantial problems posed by harmful invasive plant species, which crowd out native species and damage wetlands, uplands, lakes, and rivers. There are more than 1,000 nonindigenous plants in New Jersey that have been introduced from Europe and Asia. The report includes fact sheets on 29 nonindigenous plants documented to invade and establish native plant communities in New Jersey. Invasive species threaten the state's agricultural resources through lost production and marketability for agricultural products. Nationally, damage from invasive species costs $123 billion annually. For more information on how your state can curb the spread of invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html.
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Vermont Senate Wants to Ban Some Dish Detergents (Burlington Free Press 3/11)
http://www.burlingtonfreepress.com/bfpnews/news/thursday/1000h.htm

Senators in Vermont have approved, by a 27-2 margin, a ban on dishwasher detergents containing phosphorus. The state spends millions each year removing phosphates from state waters. Phosphates cause algal blooms, which in turn clog ponds and lakes, depriving them of oxygen needed to support life. Going to the source, say the bills supporters, will save the state cash and prevent the algal blooms. By one estimate, half of Vermont's households have dishwashers, and changing the detergent they use could keep 2 tons of phosphorus out of Lake Champlain, one of the state's largest lakes and an important source of recreation and tourism. The two senators opposing the bill argue that consumers have a right to choose the product that works best for them, and that "green" alternatives have a limited market, but admit that phosphorus-free detergents clean dishes effectively. The bill has been sent to the state assembly.
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California Plans to Regulate Perchlorate (Los Angeles Times 3/11)
http://www.latimes.com/news/local/la-me-perc11mar11,1,4570182.story?coll=la-headlines-california

Gov. Schwarzenegger plans to make California the first state to regulate aluminum perchlorate, a water pollutant found in rocket fuel, munitions, and fireworks. The pending guidelines have the Pentagon worried. The military is largely responsible for perchlorate discharges and its cleanup will cost billions. Military officials have lobbied Schwarzenegger against regulating the pollutant, but the wealth of scientific evidence documenting its dangers, particularly to thyroid production of hormones in young children, has swayed the administration. The proposed guidelines would limit perchlorate to 6 parts per billion, which, says the Sierra Club, is not stringent enough. The entire lower Colorado River, which supplies water to more than 15 million people in the Southwest, including Southern California, is tainted with perchlorate that is leaking out of a former rocket fuel factory in Nevada. Perchlorate has also been discovered in lettuce and milk, suggesting that it is in crops and livestock that receive contaminated water. Most of the nation's winter vegetables are grown in California and Arizona with Colorado River water.
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Maine Bill Seeks to Relax Pollution Standards (Portland Press Herald 3/9)
http://www.pressherald.com/news/statehouse/040309oxygen.shtml

Sewage plant operators are backing a bill in Maine that would relax water pollution standards along 94 percent of the state's coastline -- a move that could jeopardize the state's lobster fishery and threaten public health. A wastewater treatment official said the changes are necessary because certain plants aren't meeting current pollution guidelines and want to avoid paying for costly upgrades. Lobsters, and other ocean bottom-dwelling creatures, cannot survive with low levels of dissolved oxygen, a condition caused by sewage discharges. Sewage contains bacteria that can be harmful to human health, as well as phosphates and nitrates, which cause algal blooms. When the algae die, the bacteria that feed on them can deplete all the oxygen in an area of the ocean floor. The lobster stock in southern New England has suffered considerably from this effect. The state Department of Environmental Protection has twice before recommended easing the water quality standards, but this is the first time such a legislative action has been backed by the sewage treatment industry.
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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]