Home > Wildlines Archives > Wildlines, Volume III, Number 26
Volume III, Number 26
June 28, 2004
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
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Please note that Wildlines will be issued next on Tuesday, July 6, 2004, due to SERC's observance of Independence Day.
 
NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
 
 
 
Banning Cyanide Use in Mining
DE Senate Passes Bill Setting New Renewables Portfolio Standards
Louisiana Passes "Right to Hunt" Legislation
 
MA: Plan to Relax Wetlands Protections Decried
NJ: Court Backs State Effort to Collect Pollution Fines
California Bill Would Severely Curtail Bottom Trawling
Wisconsin DNR Approves Mercury Reduction Rules
California: Bill Requiring Home Solar Systems Advances
Florida Manatee Bill Weakens Protection
CA Seasonal Wetlands Protection Bill Now Dead
States, Environmental Groups File Brief in Global Warming Case
CA: Bill Seeks to Curb Polluting Mexican Trucks
Maine Environmental Board Approves New Greenhouse Gas Emissions Rules
Obscure 1953 Law Blocks NY Town's Plan for Renewable Energy
Banning Cyanide Use in Mining

Cyanide is one of the world's deadliest poisons. Just one teaspoon of a 2% cyanide solution can be lethal to a healthy human and even smaller doses can kill wildlife. Despite its toxicity, this same poison has been widely used by the hard rock mining industry to assist in the extraction of precious and non-precious metals from rock. As a result of transportation accidents and leaks, billions of gallons of this toxic substance have been spilled into the environment since 1970. Even discounting the dozens of accidents that have occurred at mine sites, the processes used by the mining industry result in cyanide and related compounds being contained in discarded mine wastes, which can pollute our groundwater. Although very small traces of cyanide are lethal to humans and to wildlife, the mining industry typically uses hundreds of tons of cyanide each year. Most spills have involved tens of thousands of tons of this toxic chemical. In some cases, spills have killed all of the wildlife in an affected area; in others, soils and groundwater have been affected for years following a spill. In many cases of cyanide accidents, the mining companies have gone bankrupt, leaving taxpayers with the burden of costly cleanup. Considering the risks to water, wildlife, and human health, controversy over the use of cyanide in mining has escalated in recent years, resulting in proposed legislation and public support for banning its use. Spills have occurred across the country and the world for a variety of reasons from storage to transport, indicating that there is simply no way to safely make use of cyanide in mining. Research has presented the mining industry with non-toxic, cost-effective alternatives to cyanide that need to be fully explored. For more information on how your state can ban cyanide use in mining, visit: http://www.serconline.org/mining/index.html.
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DE Senate Passes Bill Setting New Renewables Portfolio Standards (6/24 NCEL News)
http://ncel.net/base.cgim?template=bulletins_archive

On June 22, the Delaware Senate passed SB 161, a bill to set new renewables portfolio standards for energy suppliers. A Renewables Portfolio Standard (RPS) ensures that a minimum amount of renewable energy is included in the portfolio of the electricity resources serving a state. The bill would set minimum percentages of an electricity supplier's portfolio that must come from renewable energy resources in a year, for each year from 2007 through 2020. The goal of the legislation is to have 10 percent of a supplier's electricity derived from renewable energy resources by 2020, starting with 1 percent in 2007. Unlike fossil fuels, renewable energy resources -- such as solar, wind, geothermal, biomass, fuel cell, hydroelectric and water/ocean energy, and energy from the combustion of methane gas captured from a landfill or from gas via the anaerobic digestion of organic material -- are constantly replenished and virtually inexhaustible. The use of a renewables portfolio standard ensures that a state will have a diverse energy portfolio to protect it from unstable nonrenewable resource prices and availability. Because they are homegrown, renewables can also increase energy security, create local jobs, and generate income, while helping to protect the environment. For more information on a state RPS, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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Louisiana Passes "Right to Hunt" Legislation (Times-Picayune 6/24)
http://www.nola.com/news/t-p/index.ssf?/base/news-5/108806432067980.xml

The Louisiana legislature has passed Sen. Joe McPherson's bill, SB 2, proposing a constitutional amendment to include the freedom to hunt, fish, and trap as a fundamental right of Louisiana citizenship. The amendment will be on the Nov. 2 ballot. For more than six years, a wave of so-called "right to hunt" legislative and constitutional provisions has been sweeping through state legislatures. At least 21 states have considered these provisions, and they have passed in at least six states. The provisions are a radical response, by some members of the hunting community, to new initiatives regulating certain types of hunting, trapping, and other perceived "threats" to the sport. In addition, they could be used to limit the public's use of ballot initiatives as a tool for managing wildlife. In most states, hunting and fishing activities are already well protected by law. The impact of the LA bill is unclear, particularly since it states that "[h]unting, fishing, and trapping shall be managed by law and regulation." It could, however, be used as a basis to challenge existing and/or new laws and regulations in the courts, or as a defense for individual violations of game and fish laws. Also, concern has been expressed that these provisions may interfere with endangered species protection. Most important, however, is the fact that wildlife belongs to all citizens of a state, hunters and non-hunters alike, and is held in trust by the state for their benefit. Establishing a constitutional right to hunt and fish violates that basic trust responsibility, and elevates the desires of a segment of the population over the needs of the whole. The Louisiana state constitution should proclaim rights that guarantee fundamental democratic principles, not provide protection for recreational purposes. The voters of Louisiana should reject this amendment as unnecessary and an insult to their state constitution. For more information, visit: http://www.serconline.org/huntandfish.html.

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MA: Plan to Relax Wetlands Protections Decried (Boston Globe 6/25)
http://www.boston.com/news/science/articles/2004/06/25/state_ready_to_loosen_wetlands_regulations/

Massachusetts Department of Environmental Protection officials are rewriting the state's wetland rules -- a move critics say could mean the destruction of even more fragile ecosystems than have already been lost over the last decade. The proposed rules would do away with a wetland review for most projects 50 to 100 feet from a wetland, make it harder to appeal some wetland decisions, and allow homeowners to more easily build home additions and pools in flood plains. Wetlands act as natural pollution filters and flood valves, and 120 of the state's most threatened species depend on them for their livelihood. The department, suffering from deep budget cuts, says the changes will allow staff members to stop spending their time on relatively minor cases and instead focus on landowners who are illegally filling in large chunks of wetlands. Environmentalists contend the relaxing of wetland protections will jeopardize water quality and wildlife habitat. For more information on how your state can protect its wetlands, visit: http://www.serconline.org/wetlands/pkg_frameset.html.
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NJ: Court Backs State Effort to Collect Pollution Fines (Star-Ledger 6/25) http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/1088148054105160.xml

The state of New Jersey recently won a court victory validating its right to collect an unusual type of pollution fine. The obscure fines are called natural resource damages and require polluters to compensate the public, in excess of cleanup costs, for polluting rivers, streams, aquifers, or other natural features. The fines can range from a few thousand dollars into the millions. When Governor James McGreevey initiated a large-scale effort to collect the fines, controversy ensued and business interests responded by suing the state. Last week, a Morris County Superior Court judge upheld the state's actions, but referred the case to the Appellate Division to determine if the state needs to use the formal rulemaking process to establish a formula for the fines. Just yesterday, the State Assembly passed a bill aimed at protecting innocent property owners from being sued for natural resource damages. Environmentalists worry that the ambiguity associated with the wording of this bill may enable polluters to escape fines by merely selling their property. The bill has yet to be approved by the Senate and critics hope that the language will be clarified in joint committee.
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California Bill Would Severely Curtail Bottom Trawling (San Francisco Chronicle 6/24)
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/06/24/BAGQV7B0NN1.DTL

A bill that would sharply limit bottom trawling in California ocean waters cleared a major state legislative hurdle, and is expected to become law in the Golden State. SB 1459 would considerably restrict bottom trawling in state waters. Bottom trawling, which involves scraping large nets along the seabed, is one of the most destructive fishing practices because it can destroy sensitive marine habitats and kill large numbers of non-target fish and crustaceans, also known as "bycatch." The bill was approved in a 9-6 vote by the Assembly Water, Parks, and Wildlife Committee last week. It had already passed requisite committees in the state Senate. Analysts say it should easily pass on the floors of both houses, and that Gov. Arnold Schwarzenegger is expected to sign it.
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Wisconsin DNR Approves Mercury Reduction Rules (Milwaukee Journal-Sentinel 6/17; 6/24)
http://www.jsonline.com/bym/news/jun04/237550.asp
http://www.jsonline.com/news/state/jun04/238912.asp

The Wisconsin Department of Natural Resources (DNR) has approved rules that will taper mercury emissions from coal-fired power plants in the state. These plants would have to cut emissions of the highly toxic element 40 percent, by 2010, and 75 percent, by 2015. The policy-setting board of the DNR first approved the regulations a year ago, but legislative leaders said the 2003 package went too far. A key change from a year ago is that state regulations must be changed to reflect future federal mercury reduction regulations. The Bush administration advanced a mercury rule package that was weaker than Wisconsin's. In April, the U.S. Environmental Protection Agency said it would delay final action until next March, after environmentalists said the rules would take too long to cut emissions. Last year, the DNR estimated that a 40 percent reduction in mercury emissions could cost the state's four largest utilities $28 million-$33 million annually, or $6-$7 a year for average residential customers. The second phase of cuts, then estimated at 80 percent, would cumulatively cost $87 million-$104 million, or $18-$21 a year. A growing body of science has pointed to the dangers of eating too much mercury-laden fish, prompting the DNR, in 2001, to broaden its fish consumption advisory sharply, from 341 lakes to all of the more than 15,000 lakes in Wisconsin. For further information on the environmental safety and health issues posed by mercury, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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California: Bill Requiring Home Solar Systems Advances (Contra Costa Times 6/24)
http://www.contracostatimes.com/mld/cctimes/news/state/9000165.htm

A bill requiring homebuilders to install solar energy systems in 15 percent of new houses built in 2006 narrowly passed the California Assembly Housing and Community Development Committee. The vote was split on party lines, with 5 Democrats in favor and 4 Republicans in opposition. The bill would put California on pace with countries like Japan and Germany in mandating the adoption of solar systems. By 2010, the bill would require 55 percent of new houses to have the systems. The bill, however, also includes exemptions for development in Northern California and the Sierra Nevada as well as plots of land that contain an abundance of trees that could potentially block the sun. Opponents claim that the solar systems will add to already inflated building costs, pricing larger percentages of the state population out of the housing market.
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Florida Manatee Bill Weakens Protection (St. Petersburg Times 6/24)
http://www.stpetetimes.com/2004/06/24/State/Manatee_study_bill_so.shtml

Last week, a compromise bill calling for a study of manatee habitat was signed by Gov. Jeb Bush. Some environmentalists fear the move may weaken current protections for the marine mammal. SB 540 addresses, in part, the process by which officials decide what manatee protections -- such as slow-speed zones for boats -- will be put in place in certain areas. It says that, in areas where biological goals for a certain number of manatees have been met, officials should give "great weight" to current regulations. Some environmental groups urged Bush to veto the bill, saying that the bill limits the state's ability to adopt new, more restrictive speed zones, which would further protect the sea cows. The measure also calls for a study of manatee habitat, analysis of the effectiveness of manatee protection signs, and boater compliance with signs. It also provides for further research on genetic tagging of manatees. For information on how your state can protect endangered species, visit: http://www.serconline.org/esa/index.html.
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CA Seasonal Wetlands Protection Bill Now Dead (San Francisco Chronicle 6/23; San Francisco Bee 6/22)
http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2004/06/23/BAGRP7AF6I1.DTL
http://www.sacbee.com/content/opinion/story/9742774p-10665779c.html

California SB 1477, a wetlands-related bill, introduced by Sen. Byron Sher (D-Palo Alto), died in an Assembly committee last week, lacking support from Assembly Democrats. The bill would have extended state oversight to seasonal wetlands that environmentalists say have been left vulnerable due to rollbacks in federal law. The lack of protection stems from a 2001 Bush administration directive to stop the U.S. Army Corps of Engineers offices from enforcing Clean Water Act protection for seasonal wetlands, which constitute a significant portion of California's wetlands and water sources. In addition to supplying much of the state's water, seasonal waters provide food and habitat for many fish and wildlife species. Writing an editorial in the Sacramento Bee, Defenders of Wildlife Executive VP Jamie Rappaport Clark chided California lawmakers for bowing to pressure from industry lobbyists. Faced with opposition from influential agricultural, business, and landowner groups, the bill's sponsor failed to get the bill passed, even after he offered to amend the bill to exclude provisions to which the groups objected. Those opposing the legislation insist that existing state law provides adequate wetlands protection and that the new bill would expand the state's role in such protection beyond original federal rules. For more information on state action to protect sensitive wetlands, visit: http://www.serconline.org/wetlands/pkg_frameset.html.
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States, Environmental Groups File Brief in Global Warming Case (ENS 6/23)
http://www.ens-newswire.com/ens/jun2004/2004-06-23-09.asp

A coalition, including 11 states and 14 environmental groups, filed their brief last week in a case challenging the Bush administration's decision not to regulate emissions of greenhouse gases -- in particular, carbon dioxide (CO2) -- as pollutants under the Clean Air Act. The Bush administration announced last August that, without clear legal authority from Congress, the U.S. Environmental Protection Agency (EPA) is prohibited from taking any regulatory action to address climate change. In October 2003, the plaintiffs challenged the EPA's decision in the U.S. Court of Appeals for the DC Circuit. They contend the statute is flexible enough to allow CO2 regulations and say the Bush administration must start taking climate change seriously. The coalition contends the act authorizes the agency to regulate "any air pollutant" that may adversely affect "public health or welfare," and says the statute's definitions section provides that effects on welfare include effects on "weather" and "climate." States challenging the EPA's decision are California, Connecticut, Illinois, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
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CA: Bill Seeks to Curb Polluting Mexican Trucks (Los Angeles Times 6/22)
http://www.latimes.com/news/local/politics/cal/la-me-trucks22jun22,0,2860932.story?coll=la-news-politics-california

In the wake of the recent U.S. Supreme Court decision that paves the way for Mexican trucks to enter the United States, a California lawmaker has proposed new legislation that would impede access to the state unless they meet federal air pollution standards. The Supreme Court threw out a lower court order that had blocked the trucks from entering the country on the grounds that they would worsen pollution in areas of the Southwest that already suffer from bad air quality. Supported by a coalition of environmentalists and truckers, the bill would require Mexican trucks, in order to cross the border, to meet the same federal air pollution standards for their model year as their U.S. counterparts. Mexican trucks typically run on diesel fuel, like American trucks, but many are older and have less sophisticated pollution controls. The trucks, however, would not be held to California's stricter air pollution standards. The South Coast Air Quality Management District has estimated that Mexican trucks would add 50 tons of pollution a day to greater Los Angeles' air. This amount exceeds the pollution of all of the area's largest industrial sites combined and could potentially escalate public health risks and add to the city's air quality woes. Critics of the measure claim that this figure is misleading because Mexican trucks in the long-haul business, more than likely, will be newer, more efficient models. Supporters argue that Mexico did not implement emission standards until 1993 and, even today, if you purchase a Mexican truck, it would be significantly dirtier than a similar one bought in the U.S.
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Maine Environmental Board Approves New Greenhouse Gas Emissions Rules (Concord Monitor 6/18)
http://www.cmonitor.com/apps/pbcs.dll/article?AID=/20040618/REPOSITORY/406180371/1002/NEWS02

In an ongoing effort to reduce statewide emissions of greenhouse gasses, the Maine Board of Environmental Protection approved the first of several rules expected to pass. Last week, the board voted in favor of a new requirement that paper mills, power plants, and factories track greenhouse gas emissions and report the data to the state Department of Environmental Protection (DEP). The federal government does require reporting of air pollutants; however, a handful of states, including New Jersey and Connecticut, require businesses to track greenhouse gases. Maine's rule will impose stricter reporting requirements for a long list of federally-regulated air pollutants. Emissions of such substances as ammonia, carbon dioxide, methane, nitrous oxide, and other greenhouse gases must be reported beginning July 1, 2005. With the rule in place, the DEP will start collecting accurate data on Maine's contribution to global climate change to eventually use in building incentive programs for reducing greenhouse gasses. For more information on how your state can reduce green house gas emissions, visit: http://www.serconline.org/ghg/index.html.
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Obscure 1953 Law Blocks NY Town's Plan for Renewable Energy (New York Times 6/21)
http://www.nytimes.com/2004/06/21/nyregion/21power.html

The New York town of Pleasant Valley recently decided to derive its energy for street lamps, several public parks, and other municipal needs from clean and renewable wind energy. After numerous town meetings and discussions, the town's taxpayers were willing to pay about $1.88 more each year for the change, but the decision has collided with a 1953 state law that requires municipalities to use the cheapest source available for a commodity, in order to protect taxpayers from excessive government spending. The old law could be a big impediment to Pleasant Valley and several other towns that are looking into using renewable energy resources to supply a portion of energy needs. If a solution around the law is not found, it also could present problems for Gov. George Pataki's plan to have renewable energy account for 25 percent of the state's electricity needs by 2013. As of yet, some towns are defiantly ignoring the state law, insisting that, if it's worth it to local residents to pay a little more for their electricity and it helps reduce environmental impact and pollution, they'll keep doing it until someone stops them. Some state lawmakers have introduced bills to get around the law, such as Assemblywoman Sandra Galef's proposal to allow municipal officials to pay 15 percent above market rates to receive electricity from renewable resources.
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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]