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States
Prepare for Return of West Nile (CNN 4/26)
http://www.cnn.com/2004/HEALTH/04/26/west.nile.ap/index.html
Many states in the Western U.S. are preparing for the West Nile
virus, which is expected to be prevalent in the region this summer.
Last year, the virus hit the eastern two-thirds of the U.S. hard,
while leaving the remaining portions of the country alone -- except
for Colorado. Colorado had close to 10,000 human cases last year
and officials are attempting to ward off the mosquitoes through
a number of control measures. West Nile appeared in the United States
in 1999 when the first domestic infection was discovered in New
York. The virus has moved west, transmitted by infected birds and
mosquitoes, infecting thousands of people and killing 564 individuals.
A number of control methods have been used including killing adult
mosquitoes with Malathion -- a toxic chemical know to cause genetic
mutations and larvacides. For more information on the West Nile
virus and how states have dealt with it, visit: http://www.serconline.org/westNile.html. |
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NCSL
Environment Comm. Rejects Cap-and-Trade for Mercury (NCEL
4/30, ENS 5/3)
http://ncel.net/
http://www.ens-newswire.com/ens/may2004/2004-05-03-09.asp
The National Conference of State Legislatures' (NCSL) Environment
and Natural Resources Committee overwhelmingly rejected the Bush
administration's cap-and-trade proposal to regulate mercury emissions
from coal-fired power plants. The committee voted 6-3 to reject
a resolution sponsored by North Dakota State Senator Randel Christmann
that would have directed NCSL to support the U.S. Environmental
Protection Agency's (EPA) proposed cap-and-trade program for mercury.
"With 66% of the states present and voting rejecting a cap-and-trade
approach to mercury, it sends a strong message to EPA and the industry
that the states oppose trading emissions of hazardous pollutants,"
said Maryland Delegate James Hubbard, who also chairs the National
Caucus of Environmental Legislators. The controversy around the
Bush plan has prompted the administration to extend public comment
on the plan through June 31, 2004, and to delay finalization of
the rule until March 14, 2005. Critics say an emissions trading
program, which means individual power plants will not reduce emissions
at the same rate, will create local hot spots of mercury pollution,
disproportionately impacting local communities. A report, in December,
by the environmental research group Environmental Defense analyzed
air pollution modeling data from the EPA and found that local sources
commonly contribute 50 to 80 percent of mercury deposition at the
nation's current hot spots. For more information on how your state
can reduce mercury pollution, visit: http://www.serconline.org/mercury/pkg_frameset.html. |
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ALEC
in West Virginia: Three Bad Bills
Three bills, originally crafted by the American Legislative Exchange
Council (ALEC), were recently introduced in West Virginia by Senator
Ron Walters. The first, a version of ALEC's Verifiable Science Act
(HB 4312), would require the public release of any data the legislature
uses to support the passage of legislation. This bill would do nothing
to enhance the legislative process in West Virginia. It could cast
a shadow over sound science, and cause unwarranted public skepticism
about the effectiveness of regulation. The West Virginia Protection
of Air Quality Related Values Act (HB 4428) is targeted at limiting
federal authority in cases where polluters impact "related
values" to air quality in Class I areas, as defined under section
162 of the federal Clear Air Act (CAA), primarily consisting of
national parks and wilderness areas over a certain acreage. The
act would also streamline air permitting for owners/operators seeking
to establish new facilities or facility modifications within Class
I areas. The Performance Based Permitting Act (HB 4454), the last
of the three, purports to strengthen the state's ability to deny
permits when, in reality, it does the opposite. It authorizes renewal
of permits without agency action when a company has a good compliance
record for at least two years. A company that "...implements
an environmental management system, which results in performance
surpassing the department's minimum compliance standards [Section
9(f)]," would receive the added benefits of expedited five-year
permit renewal, fewer inspections, expedited review of requests
for permit modifications, or other incentives. The authors believe
that by looking the other way when a company has been in compliance,
the state would be able to focus its energy on companies in non-compliance.
In theory, a company could be in compliance for two years, receive
their permit, and then be out of compliance for five years without
the state's knowledge. This is irresponsible public policy. Someday,
we may reach the point where environmental regulation is run on
a "trust, but verify" basis -- but this would require
a sea-change in vision on the part of business -- one where public
health, not money, is the bottom line. Luckily, West Virginia followed
in the footsteps of Florida legislators who have killed a nearly
identical bill for the past several legislative sessions. All three
bills died at the end of the legislative session. |
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Supreme
Court Rules against CA's Emissions Rules for Private Fleets
(Yahoo News 4/28)
http://story.news.yahoo.com/news?tmpl=story&cid=558&ncid=718&e=9&u=/ap/20040428/
ap_on_go_su_co/scotus_clean_air
In an 8-to-1 decision, the U.S. Supreme Court ruled last week
that southern California's clean air agency overstepped its
authority when it passed rules in 2000 to require public and
private fleets to use cleaner burning engines and produce
fewer emissions. The court said the state's regulators could
not impose engine and emission requirements on private fleets,
but that a lower court may decide whether the regulations
can apply to public fleets. The rules, imposed by the South
Coast Air Quality Management District (AQMD), were intended
to apply to air quality regulations in Los Angeles, San Bernardino,
Riverside, and Orange counties -- a region that currently
ranks as the nation's worst in terms of air quality and is
not in compliance with federal air quality standards. The
court ruled that, while states do have some leverage to establish
their own rules for environmental protection, local regulatory
agencies like the AQMD did not have that authority. While
the ruling was good news for oil companies and diesel engine
manufacturers, some say it will have little effect because
most of the state's regulated fleets are public rather than
private; the state expects the lower court to rule to allow
the regulations to apply to public fleets. Heavy-duty diesel
vehicles contribute significantly to smog, air pollution,
and global warming; the AQMD reports that diesel pollution
is responsible for about 70% of the cancer risk from air pollution
in California. |
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Upcoming
Michigan Bill Would Ban Invasive Plants (Detroit
News 4/29)
http://www.detnews.com/2004/metro/0404/29/d12d-136707.htm
As part of the updated proposal from the Great Lakes Task
Force initiative, Michigan Senate Majority Leader Ken Sikkema
plans to introduce a bill this spring that would ban the sale
and delivery of harmful nonnative plants in the state. The
bill would affect the sale and delivery of at least a dozen
plant species, aiming to protect Michigan's aquatic wildlife
and vegetation. Past provisions of the Great Lakes Task Force
initiative have banned the sale and delivery of certain nonnative
fish. "The single biggest challenge to the Great Lakes
continues to be nonnative species," Sikkema said in support
of the Task Force's initiatives. "Something has got to
be done." Purple loosestrife, an invasive plant that
has already begun to cause problems for Michigan wetlands,
is among the invasives that would be affected by the legislation.
Loosestrife sales are already banned in the state, but the
bill would specify enforcement of, and penalties for, breaking
the law. Most of the plants that the legislation would ban
are not addressed in current state law, such as the Eurasian
watermilfoil, the yellow floating heart, and the Brazilian
elodea. Invasive species are nonnative species that wreak
environmental and economic havoc in an ecosystem beyond their
native range. They upset the sensitive balance of our ecosystems
by destroying habitats, disrupting the food chain, and out-competing
our native plants and animals. For more information on combating
the spread of invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html. |
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Alaska
Senate Passes Big Game Bills (Fairbanks Daily News-Miner
4/29)
http://www.news-miner.com/Stories/0,1413,113~7244~2116096,00.html#
Last week, the Alaska Senate passed a pair of bills relating
to Alaska big game; one, to loosen restrictions on taking
bears in "bear control" programs and, the other,
to reinstitute a board to oversee the big-game guiding and
transporting industries. The bill that passed would reinstitute
the Big Game Commercial Services Board, a state panel that
the legislature allowed to dissolve in 1995. In addition to
reinstating the board, the bill also would toughen up guide
regulations in a number of areas: among other changes, it
requires that new guide licensees in the state have recent
big-game hunting experience; makes lying to clients or breaching
contracts ethics violations; mandates that all agreements
to provide big game guiding or transporting services be backed
by a written contract; bars license renewals for people convicted
of various infractions; and, doubles the maximum disciplinary
fine. The other bill, SB 297, introduced by Rep. Seekins,
would have the state issue "bear control permits"
for brown or black bears in areas where the state Board of
Game has established an intensive management program and identified
bear predation as a cause of declining numbers or productivity
of game, such as moose and caribou. Another section, which
applies to all bear hunting, not just in bear-control areas,
lets the Department of Fish and Game accept any legally taken
bear hides or skulls as donations and sell them, with the
proceeds split evenly with the donor. |
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Plan
to Protect Oregon Forests Will Be on Ballot (Statesman
Journal 4/27)
http://news.statesmanjournal.com/article.cfm?i=79301
Backers of a plan to set aside half the Tillamook and Clatsop
forests to protect drinking water, salmon, and recreational
uses predict they will qualify the measure for the Nov. 2
ballot. The deadline for turning in petition signatures is
July 2, but the Tillamook plan's sponsors said that the campaign
is going so well that they plan to submit their signatures
a month from now. It would require 75,630 valid signatures
to qualify the measure. They say the measure represents a
balanced approach because it calls for devoting 50 percent
of the state forests to logging and setting aside the other
50 percent for recreation, tourism, and clean drinking water.
It appears the measure will generate a high-profile, expensive
campaign. The initiative comes less than a year after the
2003 legislature considered a bill that would have allowed
logging to double in the North Coast forests. The measure
easily won approval in the House after supporters said that
it would create 4,000 jobs for Oregon's ailing economy. But,
it died in the Senate after Democrats and Gov. Ted Kulongoski
called it a shortsighted response to the state's budget crisis.
The initiative plan has the support of a growing list of business
and conservation groups because it takes an evenhanded approach
that still makes 50 percent of the forests available for logging.
"We're saying that logging is important to the economy,
but it's not more important than clean water, fish and wildlife,
and recreation," said Mari Anne Gest, co-chief petitioner
for the measure. |
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Florida
Senate OKs Changes in Manatee Protection (Orlando
Sentinel 4/28)
http://www.orlandosentinel.com/news/local/state/orl-locmanatee28042804apr28,1,7786240.story?coll
=orl-news-headlines-state
SB 540 passed the Florida Senate with a controversial provision
that sets manatee population goals by region. When numbers
reach target levels in those areas, new manatee protection
regulations would be more difficult to impose. The measure
also would require the Florida Fish and Wildlife Conservation
Commission to maximize both manatee protection and recreational
uses. Environmentalists argued that the dual mandate would
be impossible to carry out, while Sen. Cowin argued it was
not proper to analyze the population by zones because manatees
do not stay in one place. Other provisions would require the
Fish and Wildlife Commission to assess boat signs and speeds,
and figure out if signs are effective. As part of the assessment,
the agency would evaluate high-speed travel corridors in manatee
zones. A study of manatee longevity and reproduction would
also be required. Manatee protection has been a long-standing
conflict between recreational voters and various environmental
groups. |
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New
Hampshire's Open Space Under Attack by Development (Concord
Monitor 4/26) http://www.cmonitor.com/apps/pbcs.dll/article?AID=/20040426/REPOSITORY/404260347/1001/NEWS01
Development of open space in New Hampshire is accelerating
despite a state tax incentive for landowners to preserve their
property. The state's "current use" law, enacted
in 1973, has become widely popular, with half the state's
land currently enrolled in the program. The program taxes
land based on its current use -- as farmland, timberland,
or simply open space -- rather than as a potential site for
a subdivision or shopping center; it also authorizes a 10
percent penalty for landowners who remove land from "current
use" protection. Faced with intense pressure from developers,
many are questioning whether the 10 percent penalty is enough
to deter development. "Current use" programs across
the country have received criticism, following the recent
release of an Associated Press study that found such programs
allow developers to collect large tax breaks on land they
plan to develop by keeping a few crops or livestock on these
lands until development. New Hampshire lacks data or estimates
on the proportion of "current use" beneficiaries
who are developers or investors planning to cash in when land
values rise, and participants in its current use program need
no pretense that land is being farmed or logged to receive
the tax breaks. For more information on how your state can
work to protect open space, visit: http://www.serconline.org/conservationfunding/index.html. |
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California
Bill Would Label Fuels by Efficiency and Emissions (Business
Wire 4/28)
http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=
news_view&newsId=20040428005535&newsLang=en
A bill, introduced by Assembly Member Shirley Horton and supported
by the biodiesel industry, passed through its main policy
committee in the California Assembly. AB 2899 creates a labeling
program for biodiesel that includes labels at the fuel pump
that identify fuel efficiency and CO2 benefits of a particular
fuel blend. According to studies done by the U.S. Department
of Energy, biodiesel leads to a 78% life-cycle reduction in
CO2 emissions. Its use by vehicles and industry can diminish
the amount of greenhouse gases emitted while also reducing
air pollution. AB 2899 is the first bill in the world that
establishes a government-approved labeling program for identifying
"lower CO2" fuels at the fuel pump. The use of market-based
incentive mechanisms, like consumer labels, at the pump could
help start to reduce CO2 and other greenhouse gas emissions.
These gases are responsible for global climate change, which
is predicted to have devastating impacts on agriculture, forests,
species diversity, and ocean levels, if the worse case predictions
come true. For more information on biodiesel, visit: http://www.serconline.org/biodiesel/index.html. |
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SC
House Passes Bill Weakening Wetland Protection (Charleston
Post and Courier 4/29)
http://www.charleston.net/stories/042904/sta_29xgrwet.shtml
Last week, the state House approved a bill that could change
the way South Carolina manages its isolated wetlands. Opponents
of the bill hope that it will not pass the Senate on the grounds
that it will allow developers to fill isolated wetlands that
are less than an acre in size. State agencies estimate that
South Carolina has between 300,000 and 400,000 acres of isolated
wetlands, and 75 percent of them are in its coastal counties.
The federal government used to regulate isolated wetlands,
but a U.S. Supreme Court decision handed that power back over
to the state. If the proposal becomes law, wetlands will be
less protected in South Carolina than anywhere else in the
country. The bill would exempt the S.C. Department of Transportation,
whose projects often affect wetlands. For information on wetlands
protection, visit: http://www.serconline.org/wetlands/pkg_frameset.html. |
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Hawaii:
Beverage Industry Requests Extension for Bottle Bill (Honolulu
Advertiser 5/3)
http://the.honoluluadvertiser.com/article/2004/Apr/28/ln/ln12a.html
Hawaii's chapter of the Sierra Club voiced its resistance
to delaying the passage of a bottle bill in the state that
would impose a 6-cent redemption charge on containers. Under
the law, 5 cents could be redeemed; the remaining cent would
go toward the cost of running the program. Beverage industry
representatives assert that the delay is justified because
manufacturers need time to prepare themselves for compliance.
Despite this assertion, three beverage companies are already
producing bottles that show the required 5-cent redemption
fee, eight months ahead of the proposed compliance date. The
key additional requirement in the draft rules is that the
lettering for the labeling be at least one-eighth of an inch.
The proposed conference draft of SB 1611 does not include
an across-the-board six-month delay for implementation, but
gives retailers six additional months to set up certified
redemption centers. Industry representatives want the delay
applied across the board. For more information about bottle
bills, visit: http://www.serconline.org/bottlebill/index.html. |
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Wisconsin:
E-Waste Bill To Be Reintroduced (Milwaukee Journal-Sentinel
4/16)
http://www.jsonline.com/news/ozwash/apr04/222796.aspl
If enacted, a law aimed at keeping arsenic, lead, cadmium,
and other toxic materials in electronic products from entering
the environment would be the first of its kind in the nation
according to state Rep. Mark Miller. Miller was the chief
proponent of the measure, which died when the legislature
adjourned. He plans to reintroduce it next session. The so-called
e-waste law would give manufacturers of computers, televisions,
cell phones, and other electronic equipment two years to devise
recycling plans subject to approval by the state Department
of Natural Resources. It would force manufacturers wanting
to sell products in Wisconsin to produce them without using
most materials considered hazardous to health and the environment.
Starting in 2006, about 163,000 computers and televisions
across the nation will become obsolete each day, according
to GrassRoots Recycling Network, a national organization working
to solve the problem. For more information on e-waste, visit:
http://www.serconline.org/ewaste/pkg_frameset.html. |
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