Home > Wildlines Archives > Wildlines, Volume III, Number 20
Volume III, Number 21
May 24, 2004
Please note Wildlines will be published next on June 1, 2004 due to SERC's observance of Memorial Day.
 
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:
 
 
 
 
 
 
 
 
 
Pay as You Drive Auto Insurance
Northeast States File Legal Action Against Power Company for Air Pollution
Missouri House Resolution Threatens Wildlife and Resource Conservation
 
NJ Files "Toxic Damages" Lawsuits Against 12 Companies
Colorado Gov. Announces Plan to Curb Pollution
States Create Patchwork of Transgenic Crop Laws
Washington: Grant to Increase Number of Green Buildings
California: Senate OKs Solar-Home Requirement
Oregon Calls Dams a Pollution Threat to Rivers
Minnesota Considers ATV Use on Wetlands
Arizona Voters Give OK to Conservation Spending
Pennsylvania-Gov. Rendell Proposes Green Tax Break
Pay as You Drive Auto Insurance

Conventional auto insurance policies charge motorists a fixed rate for a specified period of coverage. This system overcharges low-mileage drivers, who are a lower risk to the insurance companies, in order to provide affordable insurance for high-mileage and high-risk drivers. Because it is a fixed charge, these policies encourage an all-you-can-drive mentality, resulting in more energy use, pollution, and traffic congestion. The high cost of such plans often encourages low-income individuals or those who have a second, rarely-driven car to go without insurance. Pay-as-you-drive (PAYD) insurance policies are designed to correct these flaws. PAYD policies charge drivers more, the more they drive their car. They still incorporate traditional rate factors like driver history, location, and vehicle type, but charge on a per-mile or per-minute basis. PAYD options more accurately reflect the true cost of driving a car – the likelihood of crashes, fuel use, emissions that contribute to pollution, and traffic congestion. It rewards drivers who minimize their driving. It also encourages low-income individuals or families with second cars to own auto insurance, decreasing the number of uninsured drivers on the road. For more information on pay as you drive auto insurance, visit: http://www.serconline.org/payd/index.html.
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Northeast States File Legal Action Against Power Company for Air Pollution (New York Times 5/21; Washington Post 5/20)
http://www.nytimes.com/2004/05/21/nyregion/21clean.html; http://www.washingtonpost.com/wp-dyn/articles/A43546-2004May20.html

Attorneys General of New York, New Jersey and Connecticut instigated legal action against Allegheny Energy Inc., based in Greensburg, PA, on May 20 for producing air pollutants from coal fired plants in West Virginia that drift across state lines and contribute to smog and acid rain in New England. The litigation seeks to force the company to install antipollution equipment in five coal-fired electric generating plants that federal environmental officials were investigating until the Bush administration changed its enforcement policy for the Clean Air Act last year. The company said its plants were not violating pollution laws. Nevertheless, they have 60 days to negotiate a settlement. If one is not reached, the case will proceed. The action represents the latest action in the continuing struggle between Northeast states and utility companies concerning high levels of pollution that drift eastward. It also underscores the rising frustration among some Northeast officials who believe that the Bush administration is hampering environmental enforcement. In August, a federal judge ruled that Ohio Edison, a unit of First Energy, had mislabeled extensive renovations on several coal plants as "routine maintenance" and unlawfully avoided installing upgraded pollution controls. The ruling buttressed the states' position. But in the same month last year, a federal judge in North Carolina offered a different interpretation of maintenance that seemed to favor the companies' position. In that case, involving Duke Energy, the judge interpreted "routine maintenance" broadly enough to have included what federal regulators had considered major modifications. For more information on clean power, visit: http://www.serconline.org/clean/index.html.
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Missouri House Resolution Threatens Wildlife and Resource Conservation

The United States Sportsmen's Alliance (USSA) recently endorsed a Missouri House Joint Resolution, HJR35, which aims to make it more difficult to bring wildlife-related measures to ballot for citizens to vote on. Instead of protecting wildlife, the resolution seeks to make it more difficult for citizens to do just that. The provision reads, "No initiative proposal relating to the opportunity to harvest, bird, fish, game, wildlife, or forestry resources shall take effect unless approved by a two-thirds majority of the votes cast…." Ballot measures are normally passed by a majority of citizens, rather than a supermajority of 66 percent. This resolution tries to place special interests above the interests of other citizens. The taking of natural resources does not deserve to be placed above the rights of other uses of natural resources, including preservation and recreation. It is important to maintain that the natural resources of a state need to be maintained for the public. The resolution continues, "That this provision shall not apply to any initiative proposal involving the amendment or repeal of sales taxes for conservation purposes…." So changes to or elimination of funding for conservation only requires a majority vote, but deciding how to conserve resources requires a super majority? That doesn't make sense. The USSA would have citizens believe that this resolution would keep wildlife management in the hands of professions and away from the whims of special interests. Instead this resolution protects special interests by tying the hands of citizens. It is important that the Senate Committee on Agriculture, Conservation, Parks and Tourism not act on the foolish resolution and let it die this legislative session.
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NJ Files "Toxic Damages" Lawsuits Against 12 Companies (Star-Ledger 5/21)
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/1085121409144680.xml

New Jersey Gov. James McGreevey announced last week that the state has filed lawsuits against 12 companies to collect damages to the state's natural resources. The damages being sought in the lawsuit would compensate the state for environmental damages beyond cleanup costs for the toxic contamination of natural resources. Prominent corporations Viacom, Sony Music Entertainment Inc., 7-Eleven, General Electric, IBM and AT&T are among those being sued by the state. The companies are being sued mostly for the contamination of various sites with toxic resins and chemicals, some of which affect groundwater and watershed areas. Businesses and business organizations are complaining that taking such action makes the state appear hostile to the business community in general. The state insists that businesses have been well aware that the New Jersey Attorney General's Office and Department of Environmental Protection have been aggressively pursuing compensation for natural resource damages since last year.
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Colorado Gov. Announces Plan to Curb Pollution (Rocky Mountain News 5/21)
http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2903168,00.html

Colorado Gov. Bill Owens last week signed HB 1435, legislation aimed at significantly reducing pollution in the state by curbing emissions from oil and gas producing operations and creating a low-emission gasoline blend for motorists to begin using by June1. Gas and oil facilities will be required to cut their ozone-forming pollutants by 37 1/8 percent next year and by 10 percent the following year. The Early Action Compact plan will focus on emissions reductions in a nine-county area of the state, with the goal of achieving an overall 47 percent reduction in ozone in the next two years. The state hopes that such action will reduce ozone-forming pollutants from Front Range skies by as much as 80 tons each day and keep the metro area in compliance with federal clean air standards. Areas in the state have received non-attainment status with respect to federal air standards at least several times each year. Gov. Owens' signing of the bill made Colorado the first state to submit an ozone plan to the U.S. Environmental Protection Agency.
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States Create Patchwork of Transgenic Crop Laws (ENS 5/19)
http://www.ens-newswire.com/ens/may2004/2004-05-19-091.asp (Subscription Required)

State legislatures in 2003 considered more measures dealing with agricultural biotechnology than in the entire 2001-2002 legislative session, according to a new report released last week by the Pew Initiative on Food and Biotechnology. Thirty-two states introduced 130 pieces of agricultural biotechnology legislation in 2003, compared to the 121 pieces of legislation introduced in 31 states during the first year of the 2001-2002 legislative session. No bills introduced in 2003 address the violent or willful destruction of genetically modified crops, unlike a majority of bills introduced in the 2001-2002 legislative session. Legislators from Connecticut, Maine, Massachusetts, New York, Rhode Island and Vermont – states that have a significant organic agricultural sector – introduced five bills which seek moratoria, six bills on labeling requirements, and three bills which could curb the introduction of agricultural biotechnology in that region. Legislators from the Northern Plains States - Montana, North Dakota and South Dakota - introduced 10 bills which reflect growing concern among wheat producers over the market impact of applying genetic engineering technology to wheat, a valuable export commodity for these states. Michael Rodemeyer, executive director of the Pew Initiative on Food and Biotechnology, commented that, "The 2003 legislative session confirms our belief that the introduction of biotechnology has given rise to a complex web of issues that vary from region to region, and that state legislators may feel are inadequately addressed at the federal level." For more information about how your state can regulate genetically engineered crops, visit: http://www.serconline.org/geFood/index.html.
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Washington: Grant to Increase Number of Green Buildings (Spokesman-Review 5/17)
http://www.spokesmanreview.com/spokane-news story.asp?date=051704&ID=s1520584&cat=section.spokane

A $397,000 grant awarded last week will train about 500 construction workers, architects, project managers and site superintendents in a number of products designed to be more environmentally friendly. The Job Skills Program grant was awarded through the State Board for Community and Technical Colleges and will be managed by the Training and Education Coordination Center, a branch of Institute for Extended Learning. According Jim Wavada, a Department of Ecology worker who has trained architects and designers about green technologies, said a series of trainings would begin in July and would be offered for the next 15 months. The need for the training has arisen because of an increasing number of public buildings incorporating elements of green design and practice.
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California: Senate OKs Solar-Home Requirement (Contra Costa Times 5/18)
http://www.contracostatimes.com/mld/cctimes/news/state/8692692.htm?1c

SB289, authored by Sen. Kevin Murray, requiring some California homes to be equipped with solar panel systems, passed the state Senate early last week. Beginning in 2006, the legislation would require an as-yet-unspecified percentage of new single-family homes in developments of 25 or more to be equipped with solar panels capable of generating at least two kilowatts of power. The percentage of new homes required to have solar power would increase each year, also by an as-yet-unspecified amount, until 2010. Supporters said the legislation would reduce the state's dependence on fossil fuels and ease air pollution while reducing energy costs, but opponents said it would add to the already steep price of new homes. Sen. Bowen countered that some opponents were ignoring the increased energy infrastructure costs that will be needed to meet the state's demands. She added that commercial buildings should be targeted for the same type of solar mandate. For more information on additional renewable energy tax incentives, visit:
http://www.serconline.org/RenewableEnergyIncentives/index.html.
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Oregon Calls Dams a Pollution Threat to Rivers (Oregonian 5/18)
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1084881869205370.xml

Hydropower dams pose a substantial pollution threat to the Columbia and Snake rivers, Washington's Department of Ecology said Monday in a notice of violation to the U.S. Army Corps of Engineers. The state agency asked the corps to improve operation and maintenance of nine dams, where 33 oil spills have occurred since 1999. In the worst recent accident, about 1,300 gallons of PCB-contaminated oil drained into the river from an electrical transformer at The Dalles Dam in January. "If they had a spill tomorrow, they don't have the training or equipment to respond effectively. More important, they haven't done what's necessary to prevent spills in the first place," said Mary-Ellen Voss, an Ecology Department spokeswoman. The notice of violation said the corps has violated state oil spill laws and the federal Clean Water Act. After the January spill, independent investigators said poorly maintained equipment, lax inspections and faulty planning by the corps were to blame. They said that the corps' initial unrealistically low estimates of the quantity of escaping oil "delayed and hindered" efforts to contain the spill. The Department of Ecology said that four smaller oil leaks at The Dalles Dam since January show the lack of improvement in the corps' ability to prevent and respond to spills. Chuck Donaldson with Oregon's Department of Environmental Quality said his agency also might take actions against the corps to ensure compliance with state and federal laws.
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Minnesota Considers ATV Use on Wetlands (Herald-Review 5/12; Minnesota Environmental Partnership) 5/14)
http://www.grandrapids-mn.com/placed/index.php?sect_rank=1&story_id=172896; http://www.mepartnership.org/mep_whatsnew.asp?new_id=666

Driving all terrain vehicles on wetlands was highly contentious among Minnesota legislators with the introduction of legislation authored by Sen. Dennis Frederickson that would open up ATV use for different tasks including military, emergency, fire, farming, logging and laying pipe. It would also allow travel on frozen wetlands starting Oct. 1, 2009. But Sen. Frederickson tabled the bill after an amendment offered by Sen. Tom Saxhaug passed. The amendment broadened the allowed uses to include travel on frozen wetlands and drier bog areas. It also opened private land for some ATV use. Opponents argued it might hurt wetlands or species that live in wetlands while supporters said the amendment provided more commercial and recreational opportunity for landowners and people of northern Minnesota, where there is a vast amount of wetlands. Last year, the Legislature passed legislation that restricts ATV use on wetlands even if located on private property. The law also prohibits riders from crossing restricted, marked public land to get to private land. Although Sen. Frederickson's bill appears dead, a bill written by Rep. Dennis Ozment, which borrows language from the state's wetlands-protection law and applies it to the use of all-terrain vehicles, passed. "This says we are going to treat ATVs the same way as we treat all other impacts to wetlands in this state," Ozment said. While the measure would allow riders to use their judgment in deciding if riding in a wetland will damage it, it also would provide the same stiff penalties for those who damage or destroy wetlands, Ozment said. The legislation wasn't heard in House committees and no public testimony on how applying wetlands regulation to ATVs would work was gathered. That caused some, especially environmental advocates, to say the issued deserved closer scrutiny. "There are a lot of recreational riders out there, and probably not most of them, who see the word 'mud' as a verb, and we've got laws on the books because of them,"" said John Curry, legislative director for the Minnesota Center for Environmental Advocacy. Susan Solterman, the policy director for Audubon Minnesota, said she found the measure troubling. "Because it essentially just opens up to off-highway vehicles all wetlands," she said.
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Arizona Voters Give OK to Conservation Spending (The Arizona Republic 5/21)
http://www.azcentral.com/news/articles/0521preserve21.htmll

Voters in Scottsdale, Pima and Flagstaff Arizona last week approved $687 million in bond measures for land conservation. Leaders in the Arizona business community are saying that open space is critical to Arizona's economy, which depends so much on tourism and "New Economy" knowledge workers who want to live in beautiful places. In Scottsdale and Pima County, the election results mean that large pieces of open space will go far toward preserving wildlife corridors and habitat protection. Scottsdale's expanded preserve, for example, will connect Maricopa County's McDowell Mountain Regional Park with the Tonto National Forest and planned preserves in Phoenix, preventing wildlife populations from becoming isolated and dying off. Species such as the pygmy owl, Pima pineapple cactus and the Chiricahua leopard frog are among the species on the federal Endangered Species List that could recover as a result of Pima County's land-preservation efforts. Efforts to reform Arizona land policies are stalled in the Legislature. For further information on conservation funding, visit: http://www.serconline.org/conservationfunding/index.html.
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Pennsylvania-Gov. Rendell Proposes Green Tax Break (Post-Gazette 5/21)
http://www.post-gazette.com/pg/04142/319686.stm

Governor Ed Rendell has proposed a program that would eliminate the sales tax on energy efficient, Energy Star appliances during two one-week periods per year. One tax holiday would fall in the first full week of May and the other in the first full week of December. The tax holiday is expected to cost the state $2.6 million in its first year, growing to $5.8 million in the 2007-2008 fiscal year. Rendell is asking lawmakers to include the proposal in this year's budget plan. Only items designated as Energy Star appliances by the US EPA, including certain washers, dryers, refrigerators, air conditioners and compact fluorescent bulbs, would qualify for the tax break. The program is similar to two weeks of tax holidays for computer purchases given in recent years, until they were dropped due to budget woes. The sales tax in Pennsylvania is 6 percent in all counties except Alleghany, where it is 7 percent.
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