Home > Wildlines Archives > Wildlines, Volume III, Number 20
Volume III, Number 20
May 17, 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:
 
 
 
 
 
 
 
 
 
Conservation Funding
Montana: Environmentalists Fight Plan to Repeal Cyanide Ban
International Trade Agreements Threaten State Sovereignty
 
Maryland County Leads Group in Wind Power Purchasing
Georgia to Draft Statewide Water Plan
Don't Mess with Texas Endangered Species
MA Introduces Plan to Increase Housing, Decrease Sprawl
MS Gov. Signs Off-Shore Drilling Bill
Michigan: Scientists Say Beach Grooming Will Hurt Shorelines
Georgia Gov. Signs Land Trust into Law
Alaska Panel Kills Bear, Game Bills
New Jersey Plan to Protect Highlands Faces a Key Test
Conservation Funding

Protected lands are an important way of preserving a state's biodiversity and ecological integrity. Everyone benefits from the improved air, soil, and water quality; expanded opportunities for outdoor recreation; improved wildlife habitats; and, pristine waterways these areas provide. Many state and local governments, nonprofit organizations, and others are in the process of strategically identifying those natural areas that would provide the most ecological benefit if placed under some level of protection -- common conservation mechanisms include outright acquisition, conservation easements, retained life estates, and rights-of-first-refusal. While these groups have the scientific expertise to make such decisions, they often lack the financial resources to make formal protection of unique lands a reality. With the escalating pressures of population growth, rising property values, and rampant development, the issue of funding for land conservation is growing ever more urgent. For more information on how your state can fund conservation projects to protect its land, visit: http://www.serconline.org/conservationfunding/index.html.
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Montana: Environmentalists Fight Plan to Repeal Cyanide Ban (Billings Gazette 5/7)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/05/07/build/state/45-cyanide-fight.inc

An environmental group dropped plans last week for a proposed constitutional initiative to ban cyanide leach mining of gold and silver. Instead, Montanans for Common Sense Water Laws intends to focus its energy on defeating a proposed mining industry ballot measure, Initiative 147, to repeal the current state ban on future cyanide leach mining. In 1998, Montana voters approved the ban, Initiative 137, by 52 to 48 percent. Cyanide leach mining is a process of extracting gold and silver embedded in large amounts of rock. Cyanide is drizzled over piles of crushed rock, which dissolves the precious metals for later extraction. Leading the effort to repeal the current ban is a group called Merchants and Montanans for Jobs and Economic Opportunity, For Initiative 147, being mostly financed by Canyon Resources, which sought to mine gold near Lincoln before the passage of I-137. Tammy Johnson of Whitehall, who heads the group, has said Montana voters are ready to consider the economic benefits that the use of cyanide in mining could bring to the state. Environmentalists contend there is still strong support for the ban, and believe Initiative 147 will not succeed. For information on how your state can ban cyanide mining, visit: http://www.serconline.org/mining/index.html.
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International Trade Agreements Threaten State Sovereignty

Recently negotiated free trade agreements (FTAs), if signed onto by governors, will severely undermine states' procurement or purchasing policies. A letter, sent by U.S. Trade Representative (USTR) Robert Zoellick in September 2003, encouraged governors to commit to the procurement policies in both current and future trade agreements. The agreements currently under negotiation include the Central American FTA (CAFTA), the U.S.-Australia FTA, and the U.S.-Morocco FTA. If your governor's signature remains on an agreement once it has been passed by Congress, your state will be prevented from establishing any procurement policies or altering existing policies that conflict with the agreement. The agreements would prevent states from enacting policies that encourage living wages and the purchase of goods from their state; they also would be devastating for green procurement policies, such as those that require recycled content, fuel efficiency, and renewable energy. It is important for states to maintain their ability to enact green procurement policies, in order to maintain a healthy environment and reduce fossil energy consumption. The U.S.-Australia FTA will be signed on May 18, 2004, while the CAFTA could be signed soon after May 20, 2004. At this stage, all 23 governors whose names remain on the agreements can remove their names and their state from the list. Recently, the governors of Iowa, Minnesota, Missouri, and Pennsylvania removed their signatures after questioning the procurement provisions. If the agreements are passed by Congress, signatory states will be locked into the procurement policies and, at that point, it will be virtually impossible to be removed. Contact your state legislators and governors to ensure that your state's environmental (and other) policies will not be hindered by international trade agreements. For more information on this issue, visit: http://www.tradewatch.org.
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Maryland County Leads Group in Wind Power Purchasing (Washington Post 5/14)
http://www.washingtonpost.com/wp-dyn/articles/A25285-2004May13.html

Montgomery County, Maryland, has taken the lead in a group, planning to purchase wind-generated electricity as a percentage of total energy supply. The group includes Montgomery and Prince George counties, six county agencies, and 11 municipalities, who have pledged to purchase 5 percent of their electricity from Community Energy Inc., a company with wind power turbines in West Virginia, beginning July 1. The group is looking to the U.S. Environmental Protection Agency to allow the use of wind energy to count as part of a pollution reduction plan, for the purpose of bringing the area in compliance with federal air quality standards. The decision represents the largest-ever purchase of wind power by local government buyers, said Mike Tidwell of the nonprofit Chesapeake Climate Action Network, who calculates that the environmental benefit is equivalent to the planting of 2.9 million trees. The decision is expected to cost members of the buyers group about $575,000 more per year than it would have using only traditional energy sources. Montgomery plans to pay for the added costs by requiring county employees to conserve energy by turning off lights and powering off computers and office equipment when not in use. All participants expect the health and environmental benefits to more than offset the higher costs. Environmental groups and others are hailing the move as a big step toward reducing the nation's reliance on fossil fuels. For more information on how states can develop a Renewables Portfolio Standard, whereby localities pledge to obtain a portion of their energy from renewable sources, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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Georgia to Draft Statewide Water Plan (Atlanta Journal-Constitution 5/13)
http://www.ajc.com/metro/content/metro/0504/14water.html

Gov. Perdue signed HB 237 into law last week, requiring the state to develop a plan to devise how water will be allotted between the state's many users. The plan is intended to balance the needs of an increasing population with the needs of recreational users, farmers, and the paper mills. The new law requires the Environmental Protection Division to submit a statewide water plan by July 1, 2007, and creates a council of state department heads, political appointees, and legislators to oversee the work. The General Assembly will be able to vote on the plan in 2008. For more information on how your state can address its water needs, visit: http://www.serconline.org/waterconservation/pkg_frameset.html.
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Don't Mess with Texas Endangered Species (Austin-American Statesmen 5/12)
http://www.statesman.com/metrostate/content/auto/epaper/editions/wednesday/metro
_state_041acc79a0e0406c00dc.html?urcm=y

Conservation group Environmental Defense revealed a plan called "Back from the Brink," intended to apply Texas-style private initiatives nationwide to help imperiled species recover. Environmental Defense pioneered Texas' "Safe Harbor" program, which was designed to encourage state landowners to preserve and improve wildlife habitat in exchange for a break on some technical requirements of the Endangered Species Act. The new program will be designed to restore private land habitat for endangered species in at least 20 states. The plan comes as the U.S. Fish and Wildlife Service, which administers the listing of federal endangered species, is coming under increased scrutiny to protect listed species and make decisions on others that have been under review for listing for a long time. For more information on state action to protect endangered species, visit: http://www.serconline.org/esa/index.html.
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MA Introduces Plan to Increase Housing, Decrease Sprawl (Boston Globe 5/12)
http://www.boston.com/news/local/massachusetts/articles/2004/05/12/measure_would_encourage_housing/

In an effort to boost affordable housing and curb suburban sprawl, Senate leaders in Massachusetts have introduced a plan to encourage dense construction of new homes in downtown areas near public transportation. The plan, included in the Senate budget recommendations, would offer local communities financial incentives to create "smart growth zoning" areas, where at least 20 percent of new homes would be designated affordable housing. Communities would receive a $2,000 "density bonus" for the construction of each new multi-family unit and $4,000 for each single-family home. In addition, the communities would be entirely reimbursed for educational costs incurred by children who move into the new districts, and would receive priority for state public works projects. The Senate's budget proposal included $2 million in appropriations for the plan. The cost of the plan is expected to rise to $78 million per year by 2015, by which time proponents hope to have created 33,000 units in "smart growth" districts. The new resolution is intended to complement the state's affordable housing law, and proponents hope that it will allow communities more flexibility in anti-sprawl initiatives. For more information on the effects of sprawl and smart growth solutions, visit: http://www.serconline.org/urbanissues.html.
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MS Gov. Signs Off-Shore Drilling Bill (Sun Herald 5/8)
http://www.sunherald.com/mld/thesunherald/news/local/politics/8618211.html

Mississippi Gov. Haley Barbour recently signed into law a bill to promote offshore drilling in state waters. The bill, supported by the oil and natural gas industry, takes oil and gas lease authority away from the state Department of Environmental Quality and gives it to the Mississippi Development Authority. The state predicts that reserves in the state could be worth at least $1 billion over the next several decades. Approximately three-quarters of the tax and lease proceeds from subsequent offshore drilling will be required to go to the state education trust fund, with the remainder given to local county governments. A House amendment will require local county governments to use 50 percent of the proceeds to reduce property taxes. The bill has been widely criticized by environmental organizations and coast governments concerned about the environmental and economic effects of drilling. Drilling poses a threat to water quality and marine life, most notably by the discharge of drilling fluids and drill cuttings.
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Michigan: Scientists Say Beach Grooming Will Hurt Shorelines (Ann Arbor News 5/12)
http://www.mlive.com/news/statewide/index.ssf?/base/news-4/1084356746194650.xml

Members of the Michigan Senate Natural Resources Committee were surprised to learn that a law passed last June, designed to make it easier for owners of Great Lakes shoreline property to remove weeds and debris from former lake bottom exposed by near-record low water levels, is actually resulting in harm to shoreline habitats. Government and university scientists said plant growth that results from low water levels is vital to the health of the lakes. The law lets shoreline owners do such minor beach-grooming as leveling sand or mowing weeds without a permit, and it creates pilot areas in Saginaw and Grand Traverse bays where more extensive work, including mechanical tilling, is permitted with a letter of approval from the Department of Environmental Quality. Lakes Michigan and Huron seem to rise and fall in cycles of about 30 years. The recurring low-water periods allow the coastal wetlands to rebuild themselves. Coastal wetlands filter out nutrients that would otherwise run into the lake, while the plants' roots hold onto sand that would otherwise be blown inland. The committee will wait to take action on this issue until a study examining the impact of grooming on lake shorelines is completed this summer.
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Georgia Gov. Signs Land Trust into Law (Atlanta Journal-Constitution 5/11)
http://www.ajc.com/metro/content/metro/0504/12land.html

Governor Sonny Perdue signed into law this week a host of environmental bills, including the Forest Heritage Trust Act of 2004, which will permanently preserve up to 40,000 acres of state forest land. Another bill in the package will grant landowners, who own smaller parcels, tax breaks for agreeing not to develop their property. SB 460, the stream buffer bill, will require the Board of Natural Resources to establish new rules to allow development next to streams. Environmentalists had opposed the bill, but ultimately supported the weakened version. SB 356 establishes a pollution credit system in which farmers and foresters can sell carbon credits to industries. HB 1103 gives landowners with temporary conservation easements a 60-day notice to renew. HB 1416 will continue tax breaks on former conservation easements that are preserved as fish or wildlife habitats, and SB 568 will regulate grease collectors to ensure proper disposal. Before the ceremony, the governor's land conservation advisory council discussed more radical tax incentives. The most far-reaching would be overhauling the way government taxes property. With few exceptions, land in Georgia is taxed, based on its potential value rather than its current use. In rapidly developing areas, that type of taxation encourages landowners to sell or develop their properties.
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Alaska Panel Kills Bear, Game Bills (Fairbanks Daily News-Miner 5/11)
http://www.news-miner.com/Stories/0,1413,113~7244~2141082,00.html

A bill that proposed loosening bear and game hunting laws in Alaska was killed by the House Resources Committee. The bill, which passed the Senate last month, would make a number of changes to state law to make it easier to hunt bears in areas where the state Board of Game has identified them as a cause of declining numbers or productivity of game, such as moose and caribou. According to the bill, people who are issued a state "bear control permit" would be allowed to take a non-resident hunting for bears, as long as the permit holder is 21 and has hunted big game for at least two years. This would be a major change from present state law, under which people are only allowed to bring a non-resident along if they are a close relative or spouse. Several big-game guides testified that the law changes could jeopardize Alaska's entire big-game guide system. The Alaskan guide system has stood up in court, they said, because guide requirements have been billed as an important way of ensuring hunter safety. Any easing of those requirements could leave the entire guide system open to court challenges. The committee will also not be acting on a bill that proposes reinstituting the Big Game Commercial Services Board, a panel that the legislature allowed to dissolve in 1995. The board was in charge of regulating the activities of the state's roughly 550 registered and master guides and 230 transporters.
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New Jersey Plan to Protect Highlands Faces a Key Test (Philadelphia Inquirer 5/10)
http://www.philly.com/mld/philly/news/local/8629245.htm

The fate of a bill that would preserve 800,000 acres of forestland in the Highlands area of North New Jersey lies in the hands of a state senate environmental panel. Governor McGreevey has gathered wide support for the legislation throughout his state, touting that the land proposed to be protected houses a watershed that provides water to 4 million state residents. A few members of the panel are concerned that funding channeled for the Highland will divert money away from open space preservation in South Jersey. The 100-page bill has undergone 80 pages of amendments so far, and may require further changes before the panel approves it.
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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]