Home > Wildlines Archives > Wildlines, Volume III, Number 16
Volume III, Number 16
April 19, 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:
 
 
 
 
 
 
 
 
Diesel Pollution in Ports
States Ahead of Federal Government on Global Climate Change
"Right to Hunt" Laws: A Solution in Search of a Problem
 
Massachusetts Species Program Endangered
Ground-Level Ozone Too High in 31 States
Western Governors Focus on Clean Energy
Maine Bill to Ban Dangerous PBDEs
Vermont House Passes Bill to Require Labeling of GE Seeds
Iowa Gov. Vetoes Bill on Hydrogen Sulfide Standards
Florida: Natural Resources Committee in Fury over Manatee Bill
Indiana Farmers Push for State Action to Preserve Land
Diesel Pollution in Ports

Most of the nation's trucks, buses, ships, trains, and off-road machinery run on diesel engines. Despite diesel's characterization as a clean fuel, recent studies conclude that, although diesel emits less CO2 than petroleum, it emits more nitrous oxide and particulate matter, contributing to smog, global climate change, and health problems like asthma, heart disease, and cancer. The negative effects of diesel exhaust are compounded in areas frequented by diesel users such as marine terminals. A March 2004 report by the Natural Resources Defense Council and the Coalition for Clean Air points to U.S. seaports as the nation's largest and most unregulated polluters. Diesel trucks converge at ports to load and unload shipments from diesel ships, and often have to wait with their engines idling. Idling from diesel-powered commercial trucks is estimated to contribute 36.2 million tons of pollution annually, and a single cruise ship emits the diesel exhaust equivalent of 10,000 to 12,000 cars. The busy ports at Long Beach and Los Angeles, CA, taken together, emit more pollution than the region's top 300 emitting industrial plants and refineries. In addition, most major U.S. ports, including Los Angeles, Oakland, Long Beach, New York, New Jersey, and Houston, violate federal safety standards for ozone and particulate matter. Despite this, U.S. seaports lack the environmental regulations imposed on almost every other major industry. Many states faced with the problem of diesel pollution in ports are taking innovative steps to combat diesel emissions such as retrofitting old diesel engines with pollution control devices, outfitting ports with electrical hookups for diesel ships and port machinery to reduce engine idling, and reorientation of the layout or operating times of their ports to reduce idling time. In addition, many states regulate the idling time of trucks and other machinery at various locations. To see more information on how states are combating port pollution from diesel engines, visit: http://www.serconline.org/dieselPortPollution.html.
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States Ahead of Federal Government on Global Climate Change (Stateline 4/15)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=364829

In the absence of a federal policy to combat global climate change, at least 39 states are actively pioneering strategies to reduce the greenhouse gases that cause such change. Regulations recently signed into law by Washington Gov. Gary Locke will require new power plants that burn fossil fuels to offset 20 percent of their carbon dioxide emissions. New York Gov. George Pataki has invited neighboring states to participate in a regional cap-and-trade system to cut carbon dioxide gases from power plants in the Northeast. States planning to participate are Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, Rhode Island, and Vermont. New England governors signed an agreement in 2001 to create a regional Climate Change Action Plan, which aims to reduce regional greenhouse gas emissions to 1990 levels by 2010 and 10 percent more by 2020. Maine, in 2003, became the first state to adopt the agreement as state law. New Hampshire and New Jersey have committed to cutting greenhouse gases to below-1990 levels by 2006, and Massachusetts hopes to reduce carbon dioxide emissions by 10 percent from its six largest coal-burning power plants by 2008. Other state actions include creating an inventory of total greenhouse gas emissions and a registry for large carbon dioxide emitters in 39 states. Fifteen states (Alaska, California, Connecticut, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Pennsylvania, Texas, and Wisconsin) have adopted programs that require utilities to produce increasing amounts of power using cleaner energy sources, such as wind and sun. Twelve states (Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Vermont, and Wisconsin) and three cities filed suit against the Bush administration last fall to try to force the federal government to regulate greenhouse gases as pollutants.
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"Right to Hunt" Laws: A Solution in Search of a Problem

Over the past six years, a wave of so-called "right to hunt" legislative and constitutional provisions has been sweeping through state legislatures. The movement is sponsored by the U.S. Sportsmen's Alliance, formerly known as the Wildlife Legislative Fund of America, the same group which co-authored the Animal and Ecological Terrorism Act with the American Legislative Exchange Council. At least 21 states have considered these provisions, and they have passed in at least six states. The provisions are a radical response of some members of the hunting community to new initiatives regulating certain types of hunting, trapping, and other perceived "threats" to the sport. In addition, they could be used to limit the public's use of ballot initiatives as a tool for managing wildlife. The impact of these provisions is unclear, particularly since many of them grant the right to hunt "in accordance with law and regulation." They could, however, be used as a basis to challenge existing and/or new laws and regulations in the courts, or as a defense for individual violations of game and fish laws. Concern has also been expressed that these provisions may interfere with endangered species protection, Native American treaty rights, restrictions on hunting on public lands, and firearm regulations. In most states, hunting and fishing activities are already well protected by law. Groups opposing "right to hunt" provisions argue that they are not only unnecessary but also could be harmful to wildlife management by taking away the authority of the legislature and regulatory agencies to make hunting and fishing decisions on behalf of the public. Most important, however, is the fact that wildlife belongs to all citizens of a state, hunters and non-hunters alike, and is held in trust by the state for their benefit. Establishing a constitutional right to hunt and fish violates that basic trust responsibility, and elevates the desires of a segment of the population over the needs of the whole. For more information on right to hunt and fish amendments, visit: http://www.serconline.org/huntandfish.html.
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Massachusetts Species Program Endangered (Providence Journal 4/13)
http://www.projo.com/ap/ma/1081881733.htm

Conservation groups say Massachusetts' endangered species program is facing extinction because its state funding has dried up. Gov. Mitt Romney and the legislature eliminated funding last year for the 26-year-old program, leaving it to get by on contributions from a checkoff on the state income tax form and a diminishing amount of federal grant money. The governor included no tax money for endangered species in his budget proposal for the next fiscal year. "We can't keep going on and on and on like this without adequate funding," said George Darey, who chairs the Fisheries and Wildlife Board. As state spending drops, so do federal reimbursements, which allow the state to recoup up to 75 percent of its own spending. Originally intended to augment spending on such programs as bald eagle restoration, the income tax donations had made up about one-third of program's spending, which reached a high of $800,000 in 2001. Until this year, the bulk of the program's funding -- more than 40 percent -- had come from the general fund. The cutbacks left the program with just one full-time worker to handle more than 1,700 environmental reviews involving proposed development on lands where endangered plants and animals are found. The administration is drawing up a proposal that could replace some of the lost money with fees charged to developers for reviews of their projects. Details are still being worked out, but the fees could bring in $100,000 in the next budget year and $250,000 the following year. Massachusetts Audubon and several other conservation organizations are backing a bill proposed by state Sen. Pam Resor that would match donations to the fund with at least $250,000 from the general fund. "The general fund match is necessary to restore the public's trust," Audubon's Chris Hardy said. "Private philanthropy should not be the sole source of protection for our most imperiled plants and animals." For more information about how your state can help endangered species, visit: http://www.serconline.org/esa/index.html.
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Ground-Level Ozone Too High in 31 States (ENS 4/16)
http://www.ens-newswire.com/ens/apr2004/2004-04-16-02.asp

Thirty-one governors learned last week that areas of their states do not meet new federal air quality standards for ground-level ozone, or smog. Part or all of 474 counties nationwide are in nonattainment for either failing to meet the eight hour ozone standard or causing a downwind county to fail. The Environmental Protection Agency also announced a suite of interrelated actions known as the Clean Air Rules of 2004, which include national tools to help states and communities meet the new eight hour ozone standard. Ground-level ozone, a primary ingredient in smog, is formed when volatile organic compounds and nitrogen oxides react chemically in the presence of sunlight. Once designations and classifications take effect on June 15, the nonattainment states and communities must prepare a plan to reduce ground-level ozone. They will have to implement specific cleanup measures required under the Clean Air Act to achieve clean air by deadlines ranging from 2007 to 2010, depending on the extent of the local ozone pollution problem. The nonattainment designation means states and localities will need to impose stricter emission controls from factories and transportation. Many states (including Iowa, Minnesota, Florida, Mississippi, Vermont, Hawaii, and Alaska) received good news, but others states (including Alabama, Georgia, North Carolina, South Carolina, Tennessee, and Virginia) received the news that reductions would need to be in place.
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Western Governors Focus on Clean Energy (Greenwire 4/15) http://www.eenews.net/Greenwire/Backissues/041504/041504gw.htm#1

Western states are at the forefront of increasing the production of renewable energy to meet the nation's growing demand for power and a balanced energy policy, New Mexico Gov. Bill Richardson said last week at the Western Governor's Association (WGA). The goal is to "develop clean energy plans for the West to help meet our national energy needs and strengthen our economies," according to Richardson, WGA chairman and former energy secretary during the Clinton administration. Richardson said the summit may result in a two-year clean energy project for the WGA, with a focus on renewable sources and energy efficiency. According to a letter released at the conference, the goal for Western states is to produce at least 30,000 megawatts of renewable energy, about 10 percent of projected demand, by 2015 and boost energy efficiency by 20 percent by 2020. Both Gov. Richardson and Colorado Governor Bill Owens announced proposals that increase the use of solar power in their respective states. For more information on how your state can increase its reliance on clean energy, visit: http://www.serconline.org/cleanenergy.html.
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Maine Bill to Ban Dangerous PBDEs (Scripps Howard News Service 4/8)
http://www.knoxstudio.com/shns/story.cfm?pk=FLAMERETARDANT-04-08-04&cat=AN

Maine will soon become the first state in the nation to ban deca PBDEs, a type of brominated flame retardant that is used on a variety of electronics and furniture to slow the spread of fire. Studies have found that deca, the most commonly used type of polybrominated diphenyl ethers (PBDEs), is present in breast milk of American and European women and is accumulating in people, wildlife, and the environment. The ban, which is contingent on a finding that safer alternatives to deca are available, would become effective Jan. 1, 2008. In addition, the bill would ban the use of penta and octa PBDEs, as of Jan. 1, 2006. California passed a measure last year to phase out the use of penta and octa PBDEs. Washington Gov. Gary Locke has asked state agencies to develop a plan to phase out all PBDEs, and similar legislation has been introduced in New York and Minnesota. For many years, scientists and environmental groups have been raising concerns about PBDEs, which may interfere with fetal brain development resulting in learning, memory, and behavioral problems in children. Maine Gov. John Baldacci is expected to sign the bill. For more information on how your state can protect children and the environment from dangerous PBDEs, visit: http://www.serconline.org/PBDEs.html.
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Vermont House Passes Bill to Require Labeling of GE Seeds (Common Dreams 4/8)
http://www.commondreams.org/news2004/0409-08.htm

The Vermont House of Representatives passed the Farmer's Right-to-Know Seed Labeling Bill (HB 777) last week. The bill defines genetically engineered (GE) seeds as different from conventional seeds and would mandate manufacturer labeling of all genetically engineered seeds sold in the state. The bill will come before the Senate for approval of changes this week and will then be sent to Vermont Gov. Douglas. Rep. Floyd Nease, a supporter of the bill, said that it is intended to "avoid potential adverse affects on biological diversity from use of GE seeds." This March, the Senate voted unanimously in favor of the Farmer Protection Act, which seeks to hold biotech corporations liable for unintended contamination of conventional or organic crops by genetically engineered plant materials. That bill is now awaiting action in the House Natural Resources Committee. "The key piece of the Farmer's Right-to-Know Act defines genetically engineered seeds and plants as different from conventional varieties. This bucks the industry's claim that GE is the same as conventional, and therefore doesn't require any additional regulation. This bill is the first of its kind in the U.S., and destabilizes the whole premise of 'substantial equivalence,' which informs GMO policy at every level," said Amy Shollenberger, Policy Director at Rural Vermont. For more information on how your state can regulate genetically engineered food, visit: http://www.serconline.org/geFood/index.html.
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Iowa Gov. Vetoes Bill on Hydrogen Sulfide Standards (Des Moines Register 4/14)
http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20040414/NEWS10/404140340/1011

Gov. Vilsack vetoed Iowa HB 2523 this week, legislations which would have set the hydrogen sulfide air emissions limit for livestock facilities at 70 parts per billion (ppb) per hour. Such a high standard, says Vilsack, would afford negligible environmental, health, and safety protections from the chemical for areas nearby such facilities. Hydrogen sulfide gas is a potent neurotoxin that has also been linked to reproductive harm in animals. Minnesota and Missouri set their emissions limits for the gas for livestock facilities at 50 ppb per hour -- California's limit is 30 ppb per hour, the level recommended by the authors of a new study from the Centers for Disease Control and Prevention. This is the level Gov. Vilsack views as acceptable, and he anticipates that the legislature will pass the standard. Opponents say that 30 ppb per hour far exceeds federal emissions standards and that such a regulation would put a burden on the state's livestock owners. For more information on how your state can regulate air emissions from CAFOs, visit: http://www.serconline.org/cafoAirEmissions.html.
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Florida: Natural Resources Committee in Fury over Manatee Bill (News-Press 4/16)
http://www.news-press.com/news/local_state/040413manatees.html

The state Natural Resources Committee adjourned this week with tempers flaring over a bill that would authorize a $750,000 study to examine the state's West Indies manatee population. The bill's supporters believe that slow boat speed zones and limits on boat slip numbers in 13 counties are overly restrictive on power boat users. The standards, which began in 1989, are designed to protect manatees -- a federally listed endangered species -- from being killed or maimed by powerboats. According to the bill, if certain scientific benchmarks are discovered through the study, the boat restrictions would be lifted. A study, which examined the status of the West Indies manatee in Florida, was released by the Florida Marine Research Institute in December 2002. The study recommended that the manatee be downgraded from endangered to threatened status; however, under Florida law, this means that the species is still at risk of losing 50 percent of its population within the next 10 years. The committee meets one more time before the state's legislative session closes for the year.
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Indiana Farmers Push for State Action to Preserve Land (Indianapolis Star 4/13)
http://www.indystar.com/articles/4/137640-4104-009.html

With agricultural land being paved over at an alarming rate in Indiana, the state's farmers are pushing for legislation to help protect the farmland that remains. A bill, which would have created tax incentives to leave land undeveloped for 10 years and keep the land from eminent domain, passed the Indiana Senate this winter but died in the House. Despite the fact that the program would have been voluntary, the bill's detractors said that such a law would go too far in restricting development. Some say the need to protect Indiana farmland has not reached a critical stage. But, by the late 1990s, the loss of farmland, particularly on the outskirts of cities and towns, became enough of an issue that the late Gov. Frank O'Bannon created the Indiana Land Resource Council to look into the matter. In recent years, Ohio and Michigan each have spent about $25 million on pilot programs, which buy and protect farmland from development into strip malls or housing. For innovative ideas on how your state can preserve land, visit: http://www.serconline.org/conservationfunding/index.html.
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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]