Home > Wildlines Archives > Wildlines, Volume III, Number 30
Volume III, Number 30
July 26, 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:
 
 
 
 
 
 
 
 
 
 
Ballast Water Management
New Great Lakes Rules Announced
Montana: Right to Hunt and Fish on Ballot
 
Wolf Protection Status Being Debated
California Governor Signs Smart Growth Zoning Bill
Wisconsin Panel Urges More Energy from Renewables
South Dakota Pushes Ahead with Plans to Poison Prairie Dogs
Montana to Seek Water Rights Tax
Maryland to Consider New MTBE Regulations
New York City, Eight States Plan to Sue Power Plants
School Districts Adding Buses with Cleaner Burning Engines
Land Use Planning Role Handed to States, Counties, and Tribes
Air Quality Rules Approved for Iowa Farms
Ballast Water Management

In 1991, the waters of Mobile, Alabama, were contaminated with a deadly bacteria. In 1988, residents of Monroe, Michigan, turned on their faucets to find that they had no water because mollusks had completely clogged up the water system. The cause was invasive species that quietly sneaked into this country in a ship's ballast water. Experts believe that, every minute, 40,000 gallons of foreign ballast water contaminate U.S. waters -- likely the single largest source of foreign species invading America's ecosystem. While, on the surface, these species may seem harmless, they wreak havoc on local ecosystems. The natural balance and controls of an ecosystem are usually not equipped to deal with these invasive species. The result of a successful foreign species invasion in an ecosystem can be devastating to local economies and, because large volumes of dangerous bacteria and viruses have been found in ballast water, it also can be a serious threat to human health. For more information on ballast water management, visit: http://www.serconline.org/ballast/index.html.
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New Great Lakes Rules Announced (Milwaukee Journal-Sentinel 7/19)
http://www.jsonline.com/news/gen/jul04/244920.asp

Governors of the eight Great Lakes states unveiled a proposal last week intended to keep the world's largest freshwater system from flowing to arid regions of the country. The governors intend to help thirsty regions inside their own states by cracking open the door to Great Lakes water for cities just outside the watershed known as the Great Lakes basin. As the law currently works, any governor from any of the eight states bordering the Great Lakes can deny a request to divert water outside the Great Lakes basin, and the governors have a history of being stingy. By setting limits on water use, and requiring that water be returned to the lake, thirsty communities just outside the basin could tap the lakes under the new proposal. But others miles away would have trouble meeting the requirement to return the water. The proposal comes three years after Great Lakes governors and premiers of Ontario and Quebec pledged to find new ways to protect the lakes. There is concern that growing demand for water in Sun Belt states could make the Great Lakes a target. The proposal also would, for the first time, require conservation for those who now use Great Lakes water. One example: The conservation provision would require any entity using more than 250,000 gallons a day to show it is taking steps to reduce demand for water. The proposal by a working group of the Council of Great Lakes Governors could take years to become a reality. The public has 90 days to make comments before it goes back to the governors of Wisconsin, Minnesota, Michigan, Illinois, Indiana, Ohio, Pennsylvania, and New York, as well as the premiers of Ontario and Quebec. Any governor or any legislature, or Congress, can stall a process that many believe will take at least two to three years to accomplish.
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Montana: Right to Hunt and Fish on Ballot (Billings Gazette 7/23)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/07/23/build/state/55-hunting-ammend.inc

A constitutional amendment in Montana that would protect the rights of citizens to hunt and fish goes to the voters on the state ballot this November. CA-41 would add this sentence to the Montana Constitution: "The opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights." The proponents say that hunting and fishing opportunities in other states are being eroded by efforts of "anti-hunting, anti-fishing animal rights extremists" and those challenges eventually will reach Montana. Opponents of the action argue that creating such an amendment is reactionary and unnecessary, since there is no threat to the ability of people to hunt and fish in Montana. Over the past six or so years, a wave of so-called "right to hunt" legislative and constitutional provisions has been sweeping through state legislatures. The movement is sponsored by the U.S. Sportsmen's Alliance, formerly known as the Wildlife Legislative Fund of America, the same group which co-authored the Animal and Ecological Terrorism Act with the American Legislative Exchange Council (ALEC). At least 21 states have considered these provisions, and they have passed in at least six states. The provisions are a radical response of some members of the hunting community to new initiatives regulating certain types of hunting and trapping, and other perceived "threats" to the sport. For more information on this topic, visit: http://www.serconline.org/huntandfish.html.

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Wolf Protection Status Being Debated (ENS 7/19)
http://www.ens-newswire.com/ens/jul2004/2004-07-19-10.asp
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/07/23/build/wyoming/20-wolfplan.inc

Interior Secretary Gale Norton announced last week that gray wolves no longer need federal protection in the eastern half of the United States. Conservationists called the proposal illogical because wolves have only recovered in three of the 21 states where the administration plans to remove the species from the endangered species list. Gray wolves are back in the Great Lakes states but, while they were once common in the Northeast, few wolves live in the region today. Three Great Lakes states -- Michigan, Minnesota, and Wisconsin -- combined have approximately 3,200 gray wolves, and populations in each state exceed recovery goals set when the species was listed as endangered in 1972. If finalized, the federal proposal would turn management of existing wolf populations -- and recovery efforts -- over to states and tribes from the Dakotas, Nebraska, and Kansas to the East Coast, and from Missouri to New Jersey. States outside of Michigan, Minnesota, and Wisconsin currently have no protection or recovery plans in place. The two other populations of gray wolves in the lower 48 states -- the western population located in the Rocky Mountain states of Idaho, Wyoming, and Montana and the southwestern population of Mexican gray wolves -- will continue to be listed under the Endangered Species Act (ESA). The announcement was closely followed by a court filing by the U.S. Department of the Interior stating that Wyoming cannot sue the federal government over the denial of its wolf management plan. The U.S. Fish and Wildlife Service requires Montana, Idaho, and Wyoming to submit plans it deems acceptable before removing wolves from Endangered Species Act protection. For more information on wolf management plans, visit: http://www.serconline.org/wolfpreservation/index.html.
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California Governor Signs Smart Growth Zoning Bill (San Diego Union-Tribune 7/22)
http://www.signonsandiego.com/news/state/20040722-1510-ca-smartzoning.html

California Governor Arnold Schwarzenegger signed one of his first pieces of growth management legislation. He approved less restrictive zoning for cities trying to build neighborhoods that mix businesses and residences. AB 1268 will place alternative "form-based zoning" into state statutes that regulate how California develops. Advocates say the zoning approach provided by the bill is more flexible for mixing stores, offices, and housing into neighborhood patterns that were prevalent before World War II. Most current zoning in California requires strict separation of different types of buildings, making popular, older neighborhood styles difficult to re-create in new ones. Last year, Petaluma, California, became the nation's first city to use form-based codes. The city is using them to guide redevelopment of 400 acres near its downtown. Assemblywoman Pat Wiggins, who chairs the legislature's Smart Growth Caucus, introduced the bill. For more information on ways to curb sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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Wisconsin Panel Urges More Energy from Renewables (Milwaukee Journal Sentinel 7/20)
http://www.jsonline.com/bym/news/jul04/245049.asp

A Wisconsin government task force, comprised of lawmakers, environmentalists, and utility officials, has proposed that the state's utilities be required to generate 10% of their electricity from renewable sources by 2015, collectively. Each individual utility would need to generate 6% of their electricity from such sources by that time, but the proposal would allow a utility to be exempted from that law if they can show that the changes would hurt their customers -- a provision added after much debate. State law currently requires that 2.2% of a utility's energy be supplied by environmentally-friendly sources by 2011, and the state currently derives 4% of its electricity from renewable sources. The panel also recommended increasing energy efficiency by revising the state building code, increasing the state's purchase of renewable electricity and its use of such energy in state-owned buildings, and the creation of rural energy initiatives to promote renewable energy. The panel's proposal will be included in a package of recommendations to the state legislature when it convenes next year. For more information on renewable energy and ways to increase energy efficiency, visit: http://www.serconline.org/cleanenergy.html.
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South Dakota Pushes Ahead with Plans to Poison Prairie Dogs (Rapid City Journal 7/22)
http://www.rapidcityjournal.com/articles/2004/07/22/front/top/news01.txt

After the U.S. Forest Service decided to delay action on federal prairie dog management for at least another year, South Dakota officials are taking action themselves. Federal authorities will wait to take action while an environmental impact statement is prepared. South Dakota's game and agriculture officials, in making changes to the prairie dog management plan with input from ranchers and wildlife representatives, will be asking the state legislature for more money to poison prairie dogs on private land. National Wildlife Federation officials are concerned about state and federal actions regarding prairie dogs on or near federal land. They say that any use of poison on buffer zones on federal land could hinder black-footed ferret recovery efforts. They also point out that the U.S. Fish and Wildlife Service declared in 2000 that the prairie dog warranted federal listing as a threatened species. The state's revised plan will likely include a half-mile buffer zone on federal land, but that won't be effective until the Forest Service takes action itself. Ranchers have been complaining that prairie dogs from federal grasslands cause damage to their land and property, and that the holes they dig can injure their cattle. Some have threatened to sue the state, saying it is required by law to control prairie dogs coming from public land. For more information on endangered species and ecosystem health, visit: http://www.serconline.org/esa/index.html.
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Montana to Seek Water Rights Tax (Billings Gazette 7/21)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/07/21/build/state/25-water-rights.inc

The Montana Environmental Quality Council has endorsed a proposal to require state water rights' holders to pay a special tax to help speed up the processing of water rights claims in the state. Farmers and ranchers, who tend to have less than 20 water rights, account for 95 percent of the state's water rights' holders. Cities, which also hold water rights, will pass the costs onto their water system customers. State officials believe the majority of the citizens will support the tax, considering the current backlog in processing water rights claims. Such backlogs make land development more difficult and may cause disputes when property is sold. The council's plan would impose an annual tax on each water right, a flat rate for those using the smallest amounts of water and variable rates for larger amounts. Most of the money would go to the department to hire about 20 claims examiners, but the water courts would get some additional staff as well. The plan will be brought to the state legislature when it convenes next year. Bob Lane, chief attorney for the state Department of Fish, Wildlife, and Parks, endorsed the proposal as a "fair funding system" that would cost his agency about $100,000 a year. The department has water rights to maintain streamflows for fish.
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Maryland to Consider New MTBE Regulations (Baltimore Sun 7/21)
http://www.baltimoresun.com/news/local/harford/bal-md.mtbe21jul21,0,1267227.story?coll=bal-local-headlines

Maryland state environmental officials are considering new regulations aiming to prevent previously undetected vapor leaks of methyl tertiary butyl ether, or MTBE, from underground fuel tanks. Since the 1970s, when it was first used as an additive to help gas burn more cleanly, MTBE has largely been credited with helping to reduce air pollution, but the chemical dissolves easily in water and has tainted wells throughout Maryland. The controversy arose as state officials discovered contamination in 127 local area wells in Fallston, Maryland. The contamination has been linked to possible vapor leaks in one local-area Exxon station's four underground fuel storage tanks. Current Maryland state regulations require intervention and public notification when levels exceed 20 parts per billion, the lower limit at which MTBE can be smelled or tasted, rendering water undesirable to drink. Ten of the 127 wells were found to exceed this level. Local citizens are outraged that state and federal officials have failed to notify them of contaminated drinking water, which has shown up off and on since 1991, because state regulations require notifying only those directly affected by contamination. With roughly 13,000 underground fuel storage tanks in the state, 400 MTBE-contaminated private wells, and 100 contaminated public water systems, state legislators are proposing bills to ban MTBE in Maryland, and local officials are eyeing a temporary ban on new gas stations.
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New York City, Eight States Plan to Sue Power Plants (New York Times 7/21)
http://www.nytimes.com/2004/07/21/national/21pollute.html

Eight states and the city of New York have joined together in filing a lawsuit to force the country's five largest utilities to reduce carbon dioxide emissions. The Attorneys General of California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont, and Wisconsin aim to have the utilities reduce emissions by three percent annually for ten years. The companies named in the suit were American Electric Power, Cinergy, the Southern Company, the Tennessee Valley Authority, and Xcel Energy. They currently operate 174 power plants that burn fossil fuels and account for 10 percent of the national total, emitting 646 million tons of carbon dioxide a year. The suit argues that, by using available technology like renewable energy sources, cleaner fuels, and efficiency efforts, the reductions can occur with little or no impacts on consumers' electricity rates. The foundation of the plaintiffs' claims are based on a common law public nuisance claim, arguing that climate change poses a major threat to natural resources, public health, agriculture, and other sectors, and that the companies are partially responsible for the threat. Many states have used similar arguments in suits to pressure utilities to curtail nitrogen and sulfur emissions. However, this suit is the first direct state legal action taken against carbon dioxide. For more information how your state can promote clean energy, visit: http://www.serconline.org/clean/index.html. For information on ways in which your state can reduce greenhouse gases, visit: http://www.serconline.org/ghg/index.html.
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School Districts Adding Buses with Cleaner Burning Engines (Greenwire 7/20)
http://www.eenews.net/Greenwire/Backissues/072004/072004gw.htm#9

More than 1,000 school districts nationwide will install diesel oxidation catalysts and other pollution controls over the next few years to cut emissions from diesel-burning school buses. Some of the school districts are located in metropolitan areas with major air quality problems. The school districts will participate in the Clean School Bus USA Program, which calls on the nation's 444,000 school buses to reduce their emissions voluntarily by 2010. The U.S. Environmental Protection Agency's (EPA) cost-share grant program began last year to help subsidize the costs of replacing old school buses, installing pollution control devices, and eliminating unnecessary idling. The EPA awarded $5 million in grants last month that will apply to about 1,230 school districts, or about 5,000 new buses or pollution control upgrades. The agency awarded $5 million last year for about 4,000 new buses or upgrades in about 70 districts. Officials said cleaner-burning school buses will help improve overall regional air quality. Many of the school districts are in nonattainment areas, including southern California and the Atlanta and Denver metropolitan areas. The emissions reduction also will cut children's exposure to toxic diesel exhaust that can damage genes and produce allergy symptoms, officials said. About a dozen school districts or state agencies participating in the EPA program since last year have completed installing diesel pollution controls on school buses, said Janet Cohen, director of Clean School Bus USA Program. For more information on how your state can reduce diesel emissions from school buses, visit: http://www.serconline.org/schoolbus/index.html.
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Land Use Planning Role Handed to States, Counties, and Tribes (ENS 7/20)
http://www.ens-newswire.com/ens/jul2004/2004-07-20-09.asp#anchor1

Secretary of the Interior Gale Norton has proposed a change to the Bureau of Land Management's (BLM) land use planning rule to give states, counties, and tribal governments a stronger role in developing land use plans. The proposed change will formally recognize and define the cooperating agency status that may be granted to local, state, tribal, and other federal agencies during the land use planning process. Cooperating agency status permits entities to collaborate with lead land management agencies, such as the BLM, in the environmental analyses required by the National Environmental Policy Act (NEPA). In the past, the BLM has worked with governmental partners in planning and NEPA activities, but the practice has never formally been recognized in BLM regulations. The proposed Land Use Planning Rule was published in the Federal Register last week, and may be read on the BLM web site at http://www.blm.gov.
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Air Quality Rules Approved for Iowa Farms (Des Moines Register 7/20)
http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20040720/NEWS10/407200367/1011/NEWS10

The Iowa Environmental Protection Commission recently voted 5-3 to adopt new anti-pollution rules aimed at applying air quality rules to hog farmers. The commission voted after hearing views voiced by many farmers and other rural Iowans regarding proposed hydrogen sulfide standards. According to health officials, low levels can cause eye irritation, sore throat, cough, shortness of breath, and fluid in the lungs, but long-term, low-level exposure can result in fatigue, loss of appetite, and headaches. The newly adopted rules propose restricting hydrogen sulfide emissions to thirty parts per billion. Previously, the commission had adopted rules restricting animal confinements to a fifteen parts per billion standard, but it was resisted by state legislators. Earlier this year, Iowa lawmakers passed legislation that established a 70 parts per billion standard. The measure was vetoed by Governor Vilsack for offering little protection to residents. The new lower standard will be in limbo until a House-Senate joint committee that reviews state agency rules discusses the air quality limits at its meeting in September. For more information on how your state can regulate air emissions from CAFOs, visit: http://www.serconline.org/cafoAirEmissions.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]