Home > Wildlines Archives > Wildlines, Volume III, Number 25
Volume III, Number 25
June 21, 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:
 
 
 
 
 
 
 
 
 
Greenhouse Gas Reporting & Reduction Strategies
Restrictions on Building Eased in Parts of New Jersey
ALEC's "Environmental Good Samaritan Act" Good for Mining Companies
 
VT: Draft Wind Policy Puts State Land Off-Limits
New York Bill Seeks to End Stalemate over Power Plant Siting Issue
Utah Open Space Initiative Unites State
Invasive Species Threaten Great Lakes
California Fee Hike Would Help Banish Dirty Diesel
State Planners Use Range of Approaches to Study Wildlife Effects
California Panel Advances Bill to Ban Old-Growth Logging
U.S. Cities' Lights-Out Policies Save Migrating Birds
California Watchdog Would Green State Budget
Greenhouse Gas Reporting & Reduction Strategies

The weight of scientific evidence shows that the earth is warming because of human activity -- specifically the emission of greenhouse gasses -- and the consequences of that warming could be catastrophic. Although uncertainty remains, we know enough to begin taking action now to reduce greenhouse gas emissions. With only 4% of the world's population, the U.S. creates nearly a quarter of global greenhouse gases. According to the U.S. Department of Energy, despite ongoing voluntary reduction programs, U.S. emissions increased more than 10% since 1990 and, at the present rate, U.S. carbon emissions are projected to increase by more than 40% in the next 20 years. Although the Bush administration has acknowledged that global warming is a serious problem, it has strongly opposed any mandatory actions to reduce emissions, and has even opposed the mandatory reporting of emissions from large sources. Instead, the administration favors long-term scientific and technological research that gives the appearance of action while ignoring the emission reductions that can be achieved using existing technology. In the absence of a cohesive national policy addressing greenhouse gases, it is up to states to lead the fight against global warming pollution. Many states have already created their own programs. The State Environmental Resource Center's (SERC) greenhouse gas package highlights some of the most innovative approaches that states can take to begin tracking and, ultimately, reducing their harmful emissions, while improving and advancing their environments, economies, and the health of their communities. To read SERC's package on "Greenhouse Gas Reporting & Reduction Strategies," go to: http://www.serconline.org/ghg/.
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Restrictions on Building Eased in Parts of New Jersey (New York Times 6/18)
http://www.nytimes.com/2004/06/18/nyregion/18jersey.html

While environmental advocates lobbied to stop them, New Jersey legislators approved a bill that would expedite approval of development in more than one-third of the state. The bill moved with startling speed; introduced three days earlier, it sailed through both houses after leaders struck deals to vote without debate. The measure speeds the building permit process in areas already designated by the state as suitable for development, including most of northeastern New Jersey and the New Jersey Turnpike corridor. It also provides for a state "smart-growth" ombudsman with effective veto power over proposed environmental regulations, and representatives in key state agencies to address builders' complaints. The bill was the price exacted for the legislation protecting the New Jersey Highlands, which was hailed as a triumph of environmental preservation when the legislature approved it just last week. "This bill was worse than we ever imagined," said Douglas O'Malley of the New Jersey Public Interest Research Group, joining colleagues outside the governor's office. "We would not have supported the Highlands bill if we knew about this bill." The areas covered by the bill are designated in the State Development and Redevelopment Plan, which divides the state into five categories, from urban to environmentally-sensitive. The bill applies to those designated urban and suburban, although much of the acreage is still undeveloped. The plan requires a state agency, in most cases the Department of Environmental Protection, to act on permit applications within 90 days; if it does not, a permit is automatically approved. Local zoning and planning ordinances and local decisions on building permits would not be affected. The U.S. Environmental Protection Agency also raised concerns.
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ALEC's "Environmental Good Samaritan Act" Good for Mining Companies

Earlier this session, SB 649, a version of the American Legislative Exchange Council's (ALEC) "Environmental Good Samaritan Act" was introduced in West Virginia. The bill is actually pro-mining legislation that provides immunity to mining companies, in exchange for allowing others to do voluntary reclamation of the land and water that the mine had earlier damaged. The bill releases mines from legal liability for harm they might do to people or the environment, and dictates that a mining corporation can not be the subject of a citizen suit. It acknowledges that mining and oil and gas extraction have caused serious pollution that threatens environmental and human health, safety, and welfare, but then asks every legislature to find that their "state does not possess sufficient resources to reclaim all the abandoned lands and to abate the water pollution." ALEC seems to believe that industrial pollution should be remediated not by the state or the company that produced it, but rather by the victims. A "good Samaritan" helps others, but this bill is written for mining companies to help themselves. For more information about ALEC, see: http://www.serconline.org/alecIndex.html.
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VT: Draft Wind Policy Puts State Land Off-Limits (Rutland Herald 6/18)
http://rutlandherald.com/04/Story/85363.html

Gov. Douglas announced last week that state state-owned high elevation ridgelines were off-limits to large-scale commercial wind developers. The draft policy was developed after a series of public hearings and will instead encourage small-scale wind developments on state land. Some of those projects may include addition of windmills at some visitor centers in state parks. The governor also cautioned that the draft policy does not discourage large-scale wind developments on private land. Gov. Douglas also stated he supported studies looking into the environmental impact wind towers have on wildlife, mainly birds and bats. All proposed projects would need to go through the Public Service Board's Act 248 review process, although the governor noted he would appoint a panel to review the 30-year-old act to determine whether or not changes need to be made. For more information on renewable energy, visit: http://www.serconline.org/cleanenergy.html. For information on how to minimize the impact of wind towers on wildlife, visit: http://www.serconline.org/avian_mortality.html.
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New York Bill Seeks to End Stalemate over Power Plant Siting Issue (Times Union 6/17) http://www.timesunion.com/AspStories/story.asp?storyID=258315&category=STATE&newsdate=6/17/2004

The Independent Power Producers of New York, an energy industry trade group, and the Natural Resources Defense Council (NRDC) cooperated to help the state legislature compromise on the latest version of a new power plant siting bill for the state. The bill, which has been provided to the Senate and Assembly Energy Committee chairs, legislative leaders, and Gov. George Pataki, calls for a two-tiered system for review of power plant proposals. Projects that would generate between 50 and 79.9 megawatts of power would be subject to a three-month "streamlined" review process. Projects that would produce 80 megawatts or more would be given a full-scale, longer review. In addition, the plan addresses issues that were priorities in an Assembly version of power plant siting legislation, including an environmental justice review to make sure minority and low-income neighborhoods do not receive a disproportionate share of facilities. The Assembly passed a bill in January that would trigger the need for state approval for proposed plants from 30 to 80 megawatts and mandate that state agencies analyze the potential health and environmental impacts of a plant on the surrounding community. New York's last power plant siting law, known as Article 10, expired on December 31, 2002.
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Utah Open Space Initiative Unites State (Salt Lake Tribune 6/14)
http://www.sltrib.com/2004/Jun/06142004/utah/175264.asp

A ballot initiative that proposes raising the sales tax to fund open space preservation in Utah appears to have support from across the political spectrum in the state. If passed, the measure would approve a $150 million bond measure to be repaid through a one-twentieth of 1 percent sales tax, which translates into about $14 per year for the average Utah family earning $51,000 a year. Sponsors of the ballot initiative, Utahns for Clean Water, Clean Air, and Quality Growth, collected over 130,000 petition signatures statewide this past spring, nearly double the required number. County clerks are now in the process of verifying signatures. The lieutenant governor's office will ratify or reject the petition next month. The new open space money would be administered by the state's Quality Growth Commission, which already runs the state's LeRay McAllister Open Space Fund, and would use the bond proceeds to issue grants. Once the bonds are retired, after about 10 years, the tax would end. The drive for an open space ballot measure has arisen largely out of frustration with the state legislature, which has drained the McAllister fund of most of its initial $3 million, via budget cuts (it currently holds about $700,000), and shown a general disinterest in open space preservation. A resolution that closely mirrors the ballot initiative never made it to the floor for debate in the 2003 session. For more information on funding open space conservation, visit: http://www.serconline.org/conservationfunding/index.html.
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Invasive Species Threaten Great Lakes (Capital Times 6/12; Detroit Free Press 6/15)
http://www.madison.com/captimes/news/stories/76245.php
http://www.freep.com/news/mich/date15_20040615.htm

Great Lakes waterways are under attack by a slew of invasive species, mostly from Europe and Asia. The invasives, such as large Asian carp, are harming the viability of native species by pushing them out of their habitats and using up their resources. T he round goby, a relatively small European fish that has settled down in Lake Erie, is even sickening or killing the native birds that prey on water life. Officials say that they are finding a new invasive species about once every seven months. Although most agree that the invasives are a problem to the long-term viability of the Great Lakes, there's very little consensus on who should take responsibility for improving the lakes' conditions. In the case of Asian carp, the co-chairman of a U.S.-Canadian International Joint Commission has asked Great Lakes governors to help fund a new electric barrier in the Chicago Ship and Sanitary Canal. The new barrier would augment an experimental barrier built in 2001 that is now falling apart and allowing large, non-native species like the Asian carp to pass through. However, Wisconsin Gov. Jim Doyle, who will be the chairman of the Great Lakes Council of Governors, says funding is clearly a federal responsibility. Invasive species are undercutting progress made in reducing lake pollution in recent years, affecting all aquatic life in the lakes. For more information on how your state can work to combat harmful invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html.
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California Fee Hike Would Help Banish Dirty Diesel (Sacramento Bee 6/16)
http://www.sacbee.com/content/politics/ca/story/9670807p-10594157c.html

California Gov. Arnold Schwarzenegger is proposing a smog-fighting proposal that would increase the registration fees on new vehicles by $6 and use the funds to subsidize the replacement of old diesel-powered trucks, tractors, and buses. In tapping registration revenue, the governor aims to sustain what air pollution regulators say is one of the state's most successful strategies in cutting soot and smog. The legislature will have to approve the plan, which will be offered in the state budget bill. The program offers grants to help public and private owners of heavy-duty diesel vehicles and equipment replace aging engines with cleaner-burning models sooner than they otherwise would. Environmentalists applauded the governor's plan, saying it is in line with his campaign promise to put California on a path that would cut smog at least 50 percent by 2020. "This is a very positive step by the governor," said Gail Ruderman Fueuer, a lawyer with the Natural Resources Defense Council in Los Angeles. "This program is where the most progress can be made soonest," said V. John White, a veteran air pollution expert representing the Sierra Club. Industries, too, have praised the grant program as a refreshing departure from the traditional "command-and-control" approach of fighting smog in which regulators mandate ever-stronger and more expensive pollution controls.
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State Planners Use Range of Approaches to Study Wildlife Effects (Greenwire 6/11)
http://www.eenews.net/Greenwire/Backissues/061104/061104gw.htm#18

According to a report released by the General Accounting Office (GAO), while Congress debates whether to keep new wildlife planning provisions in the pending transportation reauthorization bill, many states and metropolitan officials are already addressing ecosystem and wildlife planning issues early in the highway planning process. The GAO found that most state planners are already delving into ecosystem issues well before the National Environmental Policy Act (NEPA) process, with 31 of the 36 states surveyed taking some type of action. Of those 31 states, 22 consider wildlife corridors in their transportation planning process. However, five states fail to take ecosystem and wildlife issues into consideration, including state transportation agencies in Arizona, Illinois, New Hampshire and metropolitan planning agencies in Montana and Massachusetts. Current law, the Transportation Equity Act for the 21st Century (TEA-21), does not require local officials to consider wildlife or ecosystem issues until impact studies are conducted under NEPA. But the Senate version of the highway bill would have planners study how a new road would affect wildlife before the NEPA review process, during long-term planning and other stages that occur well ahead of individual project studies. Environmentalists and sporting groups contend early steps in planning would prevent later conflicts, while some contend that, since some states are addressing the issue, there is no need for the federal government to require additional steps. For more information on assessing impacts at the state level, visit: http://www.serconline.org/SEQA/pkg_frameset.html.
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California Panel Advances Bill to Ban Old-Growth Logging (San Francisco Chronicle 6/14)
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/06/14/state2020EDT0175.DTL

The California State Assembly Natural Resources Committee approved a bill last week that would allow only emergency logging of large hardwoods, redwoods, giant sequoias, Douglas firs, and Port Orford cedars in private and state forests. The Senate had previously passed a similar bill. The Assembly committee failed to pass similar legislation last session, and only voted to pass it this session because Sen. Don Perata promised he would resolve provisions that committee members said could hurt responsible landowners. Timberland owners argued the bill will harm the economies of rural timber communities, which have already been pounded by restrictions on logging, making millions of dollars of valuable timber impossible to sell. The California Department of Forestry and Fire Protection also opposes the bill as "unnecessary and scientifically unsound" because old-growth forests are protected under other existing laws. However, supporters of the bill counter that only 3% of the trees remain and 1% of those trees are on land affected by the bill.
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U.S. Cities' Lights-Out Policies Save Migrating Birds (ENN 6/11)
http://www.enn.com/news/2004-06-11/s_24795.asp

Tall residential and office buildings with strongly illuminated signage and brightly-lit office space have long been linked to the deaths of migratory birds. Simply turning out the lights in skyscrapers across the country is helping to save thousands of birds migrating to their spring breeding grounds. One biology professor estimates the yearly death toll to be close to a billion bird fatalities from light pollution. Migrating birds can die from both the impact of flying into plate glass and from exhaustion after flying continuously around a source of light to which they are drawn. Disoriented birds are then more susceptible to predators such as crows and sea gulls. About 30 major cities have implemented lights-out programs to reduce bird fatalities. Four years ago, Chicago waged a campaign at the behest of the Audubon Society to encourage buildings to turn off their lights from 11 p.m. to sunrise. As Michael Mesure, executive director of the Fatal Light Awareness Program in Toronto, noted: "There is no environmental issue that is as easy to overcome, turn off the lights and the problem disappears."
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California Watchdog Would Green State Budget (ENS 6/10)
http://www.ens-newswire.com/ens/jun2004/2004-06-10-09.asp#anchor1

Under a plan proposed by the Green Watchdog Coalition, residents of California would pay small fees for certain goods and the money collected would support various environmental programs. The coalition proposed 10 things California could do to improve and reform the way in which environmental programs are funded, and eliminate environmentally-wasteful subsidies and tax loopholes. The proposals include: requiring California vehicle owners to pay $6 per year and one cent per gallon of gas; requiring some landowners to pay a fee for fire protection; and, eliminating the mortgage interest deduction for second homes, saving taxpayers $55 million a year. In addition, fees on developers would be increased to fully fund California's Department of Fish and Game's work protecting fish and wildlife, saving taxpayers approximately $11 million a year. According to the California Legislative Analyst's Office, General Fund expenditures for resources and environmental protection programs are at their lowest point in relation to overall expenditures since 1998. When total expenditures are taken into account -- which includes special funds from fees, federal funds, and bond funds -- natural resource agencies will suffer a 40 percent reduction from 2003-04 expenditures, and a moderately-lower funding level on average compared to other recent budget years, the coalition warns. To view the report, visit: http://www.greencap.org/. For more information on how your state can implement similar initiatives, visit: http://www.serconline.org/greenscissors.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]