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Business
SUV Tax Break
A federal tax law, originally intended to assist farmers and business
owners requiring light trucks or vans in their workplaces (see Section
280F(d)(5) of the Internal Revenue Code of 1986), can be exploited
by any business that purchases one of 38 gas-guzzling SUVs that
are 6000 pounds or heavier (as SUVs grew in size, they eventually
met the weight minimum needed to meet the requirements for the tax
break). According to Taxpayers for Common Sense, this light-truck
loophole costs the federal government between $840 million and $986
million yearly. Since most states follow federal tax code, businesses
can also receive state tax breaks. The 1986 federal bill language
allowed for a business to deduct up to $25,000 from their taxable
income. President Bush's 2002 economic stimulus package added a
bonus deduction allowing business owners to also expense 30 percent
of the difference between the purchase price and the $25,000 cap.
Last May, the passage of the Jobs and Growth Act increased the cap
to $100,000 and the bonus deduction to 50 percent. Not all states
have adopted the new caps, but those that have are still losing
valuable tax dollars through the loophole. Critics argue that it
should be up to businesses to decide what vehicles they need. This
may be true, but states need to ask themselves if offering large
incentives for purchasing vehicles that are proven to be unsafe
and inefficient is responsible public policy. Allowing this loophole
to exist violates legislative intent and effectively rewards businesses
for driving dangerous, highly polluting vehicles. For more information
on how your state can eliminate this tax loophole, visit: http://www.serconline.org/suvTaxBreak.html. |
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Alaska
Superior Court Strikes Down Law Deterring Environmental Lawsuits
(Fairbanks Daily News-Miner 4/8)
http://www.news-miner.com/Stories/0,1413,113~26794~2071985,00.html
An Alaskan Superior Court Judge in Juneau recently struck down a
state law enacted last year intended to make environmental groups
pay opponent's legal fees in unsuccessful court challenges. According
to Gov. Frank Murkowski, the law was intended to reduce the number
of frivolous environmental lawsuits seen as unfair barriers to economic
development. Superior Court Judge Patricia Collins ruled the law
invalid because it did not receive the necessary two-thirds of the
vote in both legislative houses and was therefore improperly approved
by the legislature. Collins further stated that the law violated
the Alaska Constitution's guarantees of equal protection and due
process. In striking down the law, Collins said the public interest
litigant rules are "grounded in equity and intended to encourage
parties to bring issues of public interest to the courts, without
the threat of adverse fee awards." Addressing the concerns
of many since the law was enacted, the court further stated that
"awarding fees in this type of controversy will deter citizens
from litigating questions of general public concern for fear of
incurring the expense of the other party's attorneys' fees,"
stated the court. Although disappointed with the ruling, Gov. Murkowski
is uncertain whether the state will attempt to appeal it. |
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"Freedom
to Fish" in Connecticut
The Connecticut legislature's environment committee recently passed
Senate 551, a bill to "protect the rights of persons who engage
in sport fishing in Connecticut." Unfortunately, the bill has
little to do with protecting anyone's rights, and everything to
do with keeping Connecticut from protecting its natural resources.
Marine ecosystems, just as important -- and just as threatened --
as terrestrial ecosystems, are a public resource that should be
managed for the public good. One crucial management tool is the
creation of fully protected marine areas, where no extractive activities
are allowed, which benefit fish populations, other marine life,
and the entire coastline by providing a refuge for marine animals.
This bill, similar to bills introduced in eleven states last year
and three more states this year, would make it almost impossible
to set up fully protected marine areas, denying states an important
conservation tool. The legislation, promoted by the Recreational
Fishing Alliance, puts the burden of proof on those who want to
protect marine resources rather than on those who are consuming
-- and potentially harming -- them before taking action. Clearly,
this is a dangerous precedent. These bills would make it impossible
for states to protect and restore ocean ecosystems by unnecessarily
restricting a state's ability to manage its coastal habitats. If
your state has a coastline, watch out for this type of bill. For
more information, see http://www.serconline.org/freedomFish.html. |
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States
Take Action on Cruise Ship Waste (Juneau Empire 4/7;
Portland Press Herald 4/9)
http://www.juneauempire.com/stories/040704/sta_cruise.shtml
http://www.pressherald.com/news/statehouse/040409cruise.shtml
Alaska and Maine have recently taken action to reduce the
amount of cruise ship waste that affects their state's waters.
Maine is about to become the second state in the country with
a law that cracks down on wastewater dumping by large cruise
ships while they are in state waters. Governor John Baldacci
signaled his intentions to sign the bill when the legislature
sends it to him. he measure will regulate the dumping of so-called
"gray water," which is dirty water from on-board
showers, sinks, laundries, and galleys as well as discharges
that contain both dirty water and sewage, which are often
mixed in the treatment process. It will apply to cruise ships
that carry 250 passengers or more. Under the bill, only ships
with advanced treatment systems will be allowed to discharge
such waste within three miles of the Maine coast starting
in 2006, and then only with a five-year permit from the state
Department of Environmental Protection (DEP). The bill takes
the added step of ordering the DEP to ask the U.S. Environmental
Protection Agency to prohibit all waste discharges in Casco
Bay. The Alaskan State House of Representatives voted last
week to exempt passenger ships that carry 50 to 250 passengers
from the wastewater dumping law passed in 2001 and, instead,
will require the ships to submit best management practice
proposals every three years. Currently, the required waste-treatment
technology is only available for the larger cruise ships. |
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Washington
E-Waste Bill Signed Into Law (Ncel.net 4/6)
http://www.ncel.net/
On March 29, Governor Gary Locke signed a bill that will direct
the Department of Ecology to develop recommendations on establishing
a statewide recycling program for electronic waste. The new
law calls for the Department of Ecology to present, by December
14, 2004, recommendations on establishing an e-waste recycling
program. With the supply of cheaper and available technology
continuing to grow, so is the amount of electronic or e-waste
in landfills. It is estimated that statewide, in 2002, nearly
1.7 million outdated computers, computer monitors, and televisions
were disposed of. Old printers, fax machines, and cell phones
are examples of other types of products that can release harmful
chemicals into the environment, if not disposed of properly.
Many types of e-waste can contain lead, cadmium, mercury,
selenium, chromium, or other chemicals hazardous to human
health and the environment. Health risks posed by e-waste
include blood diseases, tuberculosis, birth defects, and infant
mortality. Rep. Cooper, the bill's sponsor, said, "More
than 97 percent of computer contents can be recycled. With
effective state leadership, we could isolate the toxics, harvest
anything of value, and create jobs in the growing recycling
industry." For more information on how your state can
recycle its electronic waste, visit: http://www.serconline.org/ewaste/pkg_frameset.html. |
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Maryland
Brownfields Reform Bill Passes House (Baltimore Sun
4/8) http://www.baltimoresun.com/news/local/bal-md.brownfields08apr08,0,6264095.story?coll=bal-home-headlines
With a 137-0 House vote, the General Assembly gave final approval
to Gov. Ehrlich's brownfields redevelopment reform bill. Only
the governor's signature is needed to enact changes to Maryland's
voluntary cleanup program for polluted industrial sites. The
7-year-old brownfields program, designed to clean up properties
contaminated by industrial waste or pollution to make them
safe for new users, had lagged. Only 90 polluted properties
-- averaging about 30 each year in recent years -- have been
redeveloped to date. "We hope to be able to double that
with this new bill," said Jonas Jacobson, director of
waste management for the Maryland Department of the Environment.
The idea behind brownfields redevelopment is simple: identify
contaminated industrial sites, clean them up, and reuse them.
The bill would streamline the application process; increase
the types of eligible properties, including sites with oil
contamination that had been barred in the past; require a
flat $6,000 fee; shorten waits for cleanup plan review from
120 days to 75 days and, for application processing, from
60 days to 45 days. New public participation requirements
will make it easier for residents to comment on redevelopment
proposals. And, for recalcitrant property owners who have
refused to sign up for the voluntary cleanup program, the
bill would enable the state to impose hefty penalties. For
more information on how your state can clean up brownfields,
visit: http://www.serconline.org/brownfields/index.html. |
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Forest
Management Debated in Arizona (Arizona Republic,
Arizona Daily Star 4/7)
http://www.azcentral.com/arizonarepublic/local/articles/0407forests07.html
http://www.dailystar.com/dailystar/allheadlines/17020.php
The Arizona legislature is debating two bills that would encourage
thinning forests, but in different ways. A Senate committee
approved a bill that focuses on removing woody products from
deep in the forest as well as another that emphasizes clearing
growth close to homes and communities. The seemingly opposing
aims of the bills will be worked out in a conference, members
of the Senate Natural Resources and Transportation Committee
decided. Proponents of HB 2549, which would provide tax breaks
to logging companies, said the legislation is needed to spur
private industry to remove trees and brush from overgrown
forests. The far-reaching legislation would provide an 80
percent property tax break for qualified companies for a decade.
Also, the equipment and machinery located in those facilities
would be totally exempt from property taxes for the same period.
Another provision would exempt companies from paying state
sales tax on machinery and equipment they buy. On the other
end, the state would be required to enter into contracts to
buy electricity produced from "biomass"; specifically,
pellets and other products that can be produced from small
trees that are not otherwise useful for lumber. But the measure
is drawing criticism from the Sierra Club. Lobbyist Sandy
Bahr said nothing requires companies that get the tax breaks
to limit their activities to thinning out only small trees.
Bahr said she fears the credits will amount to a subsidy for
the timber industry to start cutting larger trees. Bahr also
wants any tax-subsidized efforts to be confined to the "wildland-urban
interface" around homes and communities. HB 2127 would
take aggressive steps to protect property where the forest
meets cities and towns, rather than promoting logging throughout
the forests. The bill gives cities and counties new authority
over landowners to ensure that they keep their properties
free of flammable materials. Under the terms of HB 2127, violators
could end up facing fees for cleanup costs as well as criminal
charges. |
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Iowa
Lawmakers Boost Alternative Energy (Quad-City Times
4/5)
http://www.qctimes.com/internal.php?story_id=1026603&t=Iowa+%2F+Illinois&c=24,1026603
The Iowa Senate voted last week to use a penny from the state's
sales tax on utility bills to boost development of alternative
energy sources. However, the move was not without controversy.
Three years ago, legislators moved to eliminate the utility
sales tax over five years. Under that measure, the tax, which
has already dropped from 5 to 2 cents, would disappear Jan.
1, 2006. The approved bill will cause one penny to remain
-- providing $18 million for alternative energy. Lawmakers
would have until Jan. 15, 2005, to decide how best to spend
those dollars. The bill now moves on to the House where its
future is uncertain. For more information on how your state
can increase the use of alternative energy, visit: http://www.serconline.org/cleanenergy.html. |
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CA:
Groups Want State Bond Money to Protect Oceans (San
Diego Union Tribune 4/5)
http://customwire.ap.org/dynamic/stories/C/CA_OCEAN_LAND_CAOL-
?SITE=CADIU&SECTION=HOME&TEMPLATE=DEFAULT
California environmental groups are pushing two proposals,
SB 1318 and SB 1319, that could direct some of the state's
bond money to ocean and fish preservation via the purchase
of boats, fishing permits and, possibly, underwater land.
Fishing rights and ocean land, purchased with the money, would
be off-limits to fishing and provide valuable research data.
The move was prompted by concerns over the environmental impact
of overfishing and development on precious ocean water resources,
publicized in a Pew Oceans Commission report released last
summer. The Pew report recommends the establishment of a Cabinet-level
ocean council and placing more areas of the ocean off-limits
to human and commercial activity. The proposals, which must
be approved by the legislature and the voting public, are
sponsored by the Natural Resources Defense Council and the
Oceans Conservancy. "The oceans are a public trust that
bring billions for economic benefits, yet we keep the Department
of Fish and Game on a starvation diet," said Karen Garrison,
co-director of the NRDC's Ocean Initiative. The money would
come from the $3.44 billion bond measure, Proposition 50,
passed by voters in Nov. 2002, to protect and restore the
state's coastlines and wetlands. If the proposals pass, they
would create a new Ocean Protection Council of legislators
and key agency directors who would help decide where to spend
an unspecified amount of money from the bond fund. Gov. Arnold
Schwarzenegger has so far taken no stance on the issue, but
it is strongly opposed by area fishing groups, developers,
and oil companies. The bills recently cleared the Senate Natural
Resources and Wildlife Committee and are scheduled for a vote
in the Senate Appropriations Committee on April 19. |
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Washington
Adds Orca to State List of Endangered Species (Seattle
Times 4/5)
http://seattletimes.nwsource.com/html/localnews/2001895743_orcas05m.html
A Washington state Department of Fish and Wildlife commission
recently voted unanimously to add the region's killer whales
to the state list of endangered species. The decision comes
after reports indicate an 18 percent decline in the Puget
Sound orca population since 1995. The listing is intended
to send a strong message to the federal government that the
area's whales are under serious threat as it deliberates over
whether to add the species to the federal endangered species
list. Two years ago, the National Marines Fisheries Service
(NMFS) decided not to list the whales as endangered. But,
in December, U.S. District Judge Robert Lasnik ruled that
the agency had ignored available science when it made that
call, and observers remain hopeful that NMFS will add Puget
Sound orcas to the endangered list this year. Although federal
listing could aid significantly in local efforts to preserve
the orca population, just the state listing could close certain
areas to sport fishing or make it more difficult to obtain
development permits in sensitive areas. Federal listing would
likely mean significant policy changes ranging from waterfront
construction to cruise ship operations. For more information
on how your state can protect endangered species, visit: http://www.serconline.org/esa/index.html. |
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AK:
Senator's Revised Bill Still a Major Policy Shift on Bear
Hunting (News-Miner Juneau Bureau 4/9)
http://www.news-miner.com/Stories/0,1413,113~7244~2073051,00.html
Alaskan Sen. Ralph Seekins has revised his bear control bill,
SB 297, after it received substantial public criticism. The
bill would have allowed hunters, among other things, to bait
bears without having to register and to take sows with yearling
cubs, any bear at least the age of one, and bears within a
one-half mile of a garbage dump. The revised bill still significantly
relaxes restrictions on the hunting of grizzly, brown, and
black bears. Based on the new bill, people could hunt bears
without having to pay a bear tag fee and, instead, would pay
a $50 charge to have the bear sealed. People would be able
to use vehicles equipped with searchlights and walkie-talkies
to corner bears. Aerial hunting would be prohibited, but airplanes
could still be used to spot bears. The bill is designed to
make it easier for hunters to gain access to bears in designated
predator control areas, but both democrats and republicans
in the Alaskan legislature still see it as a major policy
shift, and are apprehensive about its potential consequences.
The bill is held up in the legislative Resources Committee. |
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NC
Panel Exempts Paper Mills from Hydrogen Sulfide Air Emissions
Limits (newsobserver.com 4/9)
http://www.newsobserver.com/news/nc/story/3498638p-3102794c.html
The Environmental Management Commission in North Carolina
has exempted one of the largest sources of hydrogen sulfide
emissions -- the waste ponds at paper mills -- undercutting
its move to tighten the state standard on the toxic gas. The
commission, by an 11-5 vote, granted paper mills a permanent
free pass from having to control the hydrogen sulfide fumes
that rise off the treatment ponds and give the air in mill
towns a distinctive rotten egg smell. The gas is formed by
the breakdown of organic matter and is typically found near
farms, waste treatment plants, and industrial sites. It is
a known carcinogen and neurotoxin, and can cause developmental
and reproductive harm to animals. The panel, nevertheless,
decided that evidence supporting the chemical's health impacts
was inconclusive, and granted paper mills an exception from
the state's already lenient hydrogen sulfide air emissions
standard. A paper mill industry-sponsored study of hydrogen
sulfide will be used to reevaluate the chemical's regulation
in 2009. |
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Drilling
Bills Pick Up Speed in Mississippi (Biloxi Sun-Herald
4/7)
http://www.sunherald.com/mld/thesunherald/news/local/politics/8372116.htm
State House and Senate committees in Mississippi have agreed
on similar bills that would move oil and gas lease authority
from the state Department of Environmental Quality to the
Mississippi Development Authority, which supporters say would
promote drilling in state waters and bring money into state
coffers. Opponents say drilling would cause damage to the
environment and the tourism and casino industries on the coast.
In recent weeks, both chambers' versions were amended to prohibit
nearshore drilling in all but a few sections of Hancock and
Jackson counties near the Louisiana and Alabama lines. In
most of the Mississippi Sound, drilling would be prohibited
north of the barrier islands. The House committee agreed to
remove a section of the bill that could have allowed drilling
in an estuary preserve in Jackson County. One committee member
expressed no concern when asked about the potential release
of toxins, such as deadly hydrogen sulfide gas, as a result
of drilling. Neither was concern expressed over the bill by
Department of Marine Resources Director Bill Walker. |
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