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CAFO
Zoning
Changes in the agricultural industry in recent years have resulted
in the unchecked growth of Concentrated Animal Feeding Operations
(CAFOs). CAFOS are giant livestock operations, housing as many as
1,000 mature cattle, 10,000 pigs, or 125,000 chickens, which jeopardize
the existence of small family farms. The Sierra Club estimates that
one CAFO eliminates 10 family farms or forces the remaining small
farmers to enter into corporate contracts. Just as devastating as
the economic impacts are the host of environmental problems associated
with the large farms. These problems can include water contamination
from manure runoff, noxious fumes containing ammonia, dust, and
hydrogen sulfide, and property value depreciation. Even if the problems
associated with a specific CAFO are recognized, it can often take
years to force an operation into compliance or close one down. Current
federal and state regulations fail to protect local communities
from the devastating effects of CAFOs. The federal regulations,
issued in December 2002, address only the largest CAFOs and fail
to regulate medium- to small-sized CAFOs, unless they are proven
polluters. At this time, states differ greatly in the amount and
type of regulations that they are considering. States, by and large,
have laws in place dealing with agriculture and issues of air and
water pollution, but have not yet addressed the growing number of
CAFOs. Legislation concerning nutrient management and size classifications
has begun to help state regulators cope with the rapid expansion
of CAFOs, but currently not enough is being done. For more information
on CAFO zoning legislation, visit: http://www.serconline.org/cafoZoning.html. |
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CT
House Approves Tough Emissions Standards for New Cars (Hartford
Courant 4/23)
http://www.ctnow.com/news/politics/hc-housewrap0423.artapr23,1,622321.story?coll=hc-headlines-politics-state
On April 22, the Connecticut House of Representatives voted almost
unanimously to adopt California standards for emissions for all
new cars, currently the toughest standards in the nation. The standards
will apply to all new minivans, pick-up trucks, light-duty trucks,
and passenger cars, beginning with the 2008 model year. Connecticut
is currently ranked as the nation's third worst state for air quality,
and proponents say the bill could cut toxic air emissions by about
33 percent over current rates. The bill will now head to Gov. John
Rowland, who is expected to sign it. Still, Rowland has stated that
Midwestern power plants -- not auto emissions -- are the real reason
for the state's poor air quality. The House decision on the emissions
bill comes in the same week that the state decided to suspend its
emissions testing program, administered by Agbar Technologies, for
90 days, while problems with the program are worked out. If the
bill is signed by the governor, Connecticut will join Massachusetts,
New York, Vermont, and New Jersey in adopting California's emissions
standards. |
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New
Jersey Tries to Resurrect Audit Privilege Bill
S 1293, an "audit privilege" bill, introduced this March
in New Jersey, is a threat to environmental health and safety in
the state. Senators McNamara and Sweeney are the primary sponsors
of S 1293, which would grant safe harbor to regulated entities in
New Jersey, who conduct voluntary environmental audits. The bill
would afford secrecy to environmental audit information that is
gathered voluntarily by companies and not subject to mandatory disclosure
under a statute or regulation. It would also prohibit the government
from penalizing companies when the company discloses and corrects
certain types of internally discovered violations. Similar audit
privilege laws exist in over 25 states, including Texas, where the
law has been utilized by some of the highest polluting resident
companies, such as ARCO, Enron, and Exxon, to avoid penalties and
prosecution. This model has been promoted by the corporate funded
American Legislative Exchange Council (ALEC). S 1293 is currently
in the Senate Environment Committee, where all the bill's sponsors
are sitting members. The authors of the bill state that the new
privilege will encourage companies to conduct audits to ensure compliance,
"…a legal structure that promotes self-policing programs
can achieve improved compliance effectively…" A study,
in 1998, by the National Conference of State Legislatures (NCSL),
however, found that this is not true. NCSL found that polluters
operating in states with an audit privilege law or policy do not
conduct voluntary audits or report violations any more than in states
without audit privilege law or policy. The U.S. Environmental Protection
Agency and the U.S. Department of Justice are both opponents of
audit privilege because it violates the public's "right-to-know"
and denies information to regulatory agencies. If S 1293 passes,
a polluter could hide almost all information about its activities
by including it in a voluntary audit and invoking its privilege.
New Jersey should reject this bill as the polluter protection act
that it is. To read the full report, visit: http://www.serconline.org/watchdog/watchdog2004/watchdog9.html. |
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Wyoming
Sues over Denial of Wolf Plan (Billings Gazette 4/23)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/04/23/build/wyoming/30-wolf-suit.inc
The state of Wyoming is suing the federal government for rejecting
its plan to manage wolves once they are removed from the endangered
species list. The lawsuit, filed in U.S. District Court in
Cheyenne, asks the court to compel the U.S. Fish and Wildlife
Service (FWS) to accept Wyoming's plan and immediately begin
the process of removing federal protections. The lawsuit charges
that the federal government did not heed language in the Endangered
Species Act when it rejected Wyoming's plan, even though a
peer review panel said that the Wyoming plan, in concert with
plans in Montana and Idaho, would be adequate for sustaining
a viable wolf population in the three states. Top federal
officials, including Interior Secretary Gale Norton, maintain
that they have consistently told Wyoming that the federal
government could not accept a key provision in the state plan
-- one that would classify some wolves as predators and subject
them to unregulated killing. Gov. Dave Freudenthal and Wyoming
lawmakers insist that some wolves in the state be considered
predators, a step they say is crucial to protecting livestock,
big game, and private property. Earlier this year, though,
FWS Director Steve Williams said the potential for unregulated
killing of wolves would be an impediment for ensuring a sustainable
wolf population. For more information on state wolf management,
visit: http://www.serconline.org/wolfpreservation/index.html. |
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Wisconsin
Gov. Signs Groundwater Bill (Milwaukee Journal Sentinel
4/22)
http://www.jsonline.com/news/state/apr04/224233.asp
In honor of Earth Day, Wisconsin Gov. Jim Doyle gave final
approval to a bill designed to help protect groundwater resources.
The bill was initiated partially in response to the 2000 controversy
over plans by the Perrier bottling company to tap and bottle
groundwater. The new law will redesign requirements by the
state Department of Natural Resources (DNR) that call for
DNR approval of any "high capacity" wells, such
as those used for bottling operations, defined as wells that
withdraw more than 100,000 gallons of water each day. The
new law will also issue new permit fees, to be set at $500
for proposed high-capacity wells and $50 for small wells.
The state expects to receive approximately 17,000 new applications
for small wells each year. The money generated from the new
permitting fees will be used to set up a new database to monitor
and track groundwater. In addition, the law will mandate different
approval standards for high-capacity wells and those that
are proposed near pristine water resources. The law will create
several "groundwater management" areas in northeast
and southeast Wisconsin, and will require a groundwater advisory
committee to issue recommendations for groundwater management
in those areas to the legislature by 2007. For more information
on state groundwater permitting practices, visit: http://www.serconline.org/groundwaterWithPermit/pkg_frameset.html. |
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Alabama
Rep. Introduces Bill to Tax Release of Toxics (Mobil
Register 4/23) http://www.al.com/news/mobileregister/index.ssf?/base/news/1082711994265940.xml
This Earth Day, Alabama state Rep. Sue Schmitz introduced
a bill to tax anyone who releases certain toxic substances
into the state's air, water, or land. The bill would charge
10 cents per pound for toxic substance emissions reported
to the U.S. Environmental Protection Agency through the annual
Toxics Release Inventory program. Schmitz's proposal would
direct the revenue from the tax -- expected to reach $5 to
$10 million annually -- to the Departments of Medicaid, Public
Health, and Environmental Management. According to an analysis
by the Environmental Defense Network, a New York-based national
nonprofit organization, Alabama ranks 11th on a list of states
that release the largest quantity of toxic chemicals. Some
are concerned that political contributions to state legislators
from big emitters, such as Alabama Power Co. properties, might
sway some lawmakers to oppose the bill. A spokesman for Alabama
Power, which has not taken a position on the bill, called
the Toxics Release Inventory "somewhat misleading,"
because it fails to differentiate between less harmful substances
and more harmful ones. |
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Members
of Congress Request $100 Million for Wildlife (ENS
4/21)
http://www.ens-newswire.com/ens/apr2004/2004-04-21-02.asp
Out of concern for America's plants and wildlife, members
of Congress sent a letter to the heads of Congressional appropriations
committees asking for $100 million in funding for next year's
State Wildlife Grants Program. Created by Congress in 2001,
the State Wildlife Grants Program is the nation's core program
for wildlife management. In 2003, the program secured $70
million in funding, while the White House Fiscal Year 2005
budget proposed increasing the program to $80 million. A matching
requirement leverages federal funding from state and private
sources, often doubling the impact of every dollar of federal
funding. In its first few years, the program has helped restore
degraded habitat, reintroduce native species, and encourage
the effective stewardship of private lands, according to the
letter. The State Wildlife Grants Program is supported by
Teaming with Wildlife, a national coalition of more than 3,000
groups representing sportsmen, environmentalists, wildlife
management professionals, and businesses that rely on outdoors
activities. The letter also states that this program can help
save taxpayer dollars with early intervention in preventing
the federal listing of an animal as endangered. For more information
on how your state can protect wildlife, visit: http://www.serconline.org/savingwildlife.html. |
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Colorado
and Vermont Legislators Deal With Permit Reforms (Denver
Post 4/20; Burlington Free Press 4/21)
http://www.denverpost.com/Stories/0,1413,36~53~2094871,00.html
http://www.burlingtonfreepress.com/bfpnews/news/wednesday/2000h.htm
Colorado Gov. Bill Owens signed a bill last week aimed at
removing some of the difficulties for those seeking environmental
permits. During the next three years, a pilot program will
allow companies, livestock operations, and others with qualifying
environmental records to request all their permits for projects
in one application and review -- instead of applying for each
of them separately. Gov. Owens said Colorado's one-stop permitting
program will lead the nation in cutting bureaucracy and improving
the environment. Matt Baker, Executive Director of Environment
Colorado, said it could prevent future environmental problems
from being overlooked. In Vermont, lawmakers agreed to changes
overhauling Act 250. Act 250 is the 1970 law that requires
most developments to demonstrate they meet environmental and
community standards set out in ten criteria. Decisions are
made by regional citizen boards. In the past, appeals went
to a state Environmental Board made up of nine laypeople.
The bill is intended to consolidate all environmental appeals
in an expanded, two-judge Environmental Court. The permit
reform measure also overhauls and updates state laws that
govern local planning and zoning ordinances. |
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State
Attorneys General Oppose Pentagon's Request for Exemptions
(ENN 4/21)
http://enn.com/news/2004-04-21/s_23030.asp
Attorneys general of 39 states urged Congress to reject a
U.S. military request for exemptions from environmental laws.
Colorado Attorney General Ken Salazar said there is no evidence
that the three requested changes would aid training or the
movement of tanks and weapons, as the military claims. The
Pentagon wants training exercises to be exempt from Clean
Air Act regulations regarding air pollution. It also wants
toxic waste laws to be changed to exempt the military from
cleaning up pollution caused by munitions used on training
ranges. Salazar said the Defense Department can already get
waivers from the laws. He said if Congress adopts more changes,
it could limit state authority over the investigation and
cleanup of munitions-related contamination on 24 million acres
of military land. Susan LeFever, Director of the Sierra Club's
Rocky Mountain Chapter, said the military is using concern
over national security to get around pollution laws. The attorneys
general said 40 military installations have tested positive
for perchlorate used in rocket fuel and for various explosives.
Salazar's spokesman, Ken Lane, said Colorado, Idaho, Washington,
and Utah launched the campaign against easing environmental
restrictions four years ago and other states have signed on.
For more information, visit: http://www.serconline.org/watchdog/watchdog2003/watchdog22.html
and http://www.serconline.org/watchdog/watchdog2003/watchdog43.html. |
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Minnesota
House Passes Ban on Phosphorous Fertilizers (The
Forum 4/20)
http://www.in-forum.com/articles/index.cfm?id=56223§ion=News
The Minnesota House rejected arguments from rural members
and voted to ban phosphorus fertilizer from most lawns. The
bill's sponsor, Rep. Denny McNamara, argued that phosphorus
should be limited to keep lakes from turning green. "One
pound of fertilizer can grow 500 pounds of algae in the lake,"
he said. "And it costs approximately $350 to remove just
one pound of algae." The bill allows homeowners to use
phosphorus if they are seeding new lawns or reseeding lawns.
A similar bill is moving through the Senate. After an emotional
debate, legislators defeated, by a voice vote, an amendment
that would have returned control to local governments. They
later passed the bill 88-40, with mostly rural members opposed. |
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New
York Deal Will Preserve Land and Economy in Adirondacks (New
York Times 4/22)
http://www.nytimes.com/2004/04/22/nyregion/22park.html
The state of New York struck a deal with International Paper
that creates a 257,245-acre preserve in the Adirondacks and
allows the company to practice sustainable logging on the
land. The conservation easements cover parts of nine counties
and, in total, are substantially larger than all the land
within the boundaries of New York City. The land will be made
available for a wide range of public recreation. Traditional,
privately-owned Adirondack camps, built on leased land, will
be preserved and, under strict conditions, allowed to expand.
International Paper will pay lower taxes on the property because
of its lost development potential. However, by law, the state
is required to compensate the lost tax revenue to local governments.
In addition to the conservation easements, the state is buying
2,000 particularly sensitive acres in several places throughout
the Adirondacks. The parcels adjoin existing parkland and
forest preserve, and include striking natural environments
like Silver Lake Mountain. For more information on how you
can save your state's wildlands, visit: http://www.serconline.org/savingwildlands.html. |
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Michigan
Senate Plans to Ban Sale of Several Nonnative Plants (Detroit
Free Press 4/20)
http://www.freep.com/news/statewire/sw96422_20040420.htm
A variety of nonnative plants, which could hurt Michigan aquatic
wildlife and vegetation, would be banned from delivery or
sale under legislation scheduled to be introduced this spring
in the Michigan Senate. Senate Majority Leader Ken Sikkema
planned to lay out proposals to aid the Great Lakes. Among
the proposals would be a ban on selling or delivering more
than a dozen types of nonnative plants that have hurt or could
hurt species that naturally exist in Michigan. The proposal
would be part of an update on the Great Lakes Task Force initiative,
which has already led to a state ban on the sale and delivery
of some nonnative fish. The ban on sale and delivery of plants
would include some species that already have a foothold in
Michigan, including purple loosestrife, an attractive but
potent type of vegetation that chokes out other species growing
in wetlands. Further information on invasive species can be
found at: http://www.serconline.org/invasives/pkg_frameset.html. |
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Colorado:
House OKs Renewable Energy Bill (Denver Post 4/21)
http://www.denverpost.com/Stories/0,1413,36~61~2096894,00.html
After it passed the Colorado House 42-22, an energy bill that
would require the state to subsidize renewable energy sources
is close to making it through the Senate, says the bill's
sponsor, House Speaker Lola Spradley. Rep. Spradley said renewable
energy projects such as windmills allow farmers to make money
that stays in rural communities. Opponents, such as Rep. Matt
Smith, say that the bill is unnecessary because Colorado already
has some of the lowest electricity rates in the country, and
there is no good reason for the state to subsidize renewable
energy sources. An earlier version of the bill passed the
Senate easily, but it did not require state subsidization
of renewables; it would have set up cooperatives to help finance
generation and transmission systems. Spradley amended the
bill to require utilities regulated by the Public Utilities
Commission to provide a total of 900 megawatts -- enough energy
to power 300,000 households under normal operating capacity
-- from renewable sources by 2010. To avoid a statewide referendum,
the Senate must approve the changes before the end of the
session on May 5, and Gov. Bill Owens would need to sign it
into law. For more information on clean energy, visit: http://www.serconline.org/cleanenergy.html. |
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