Home > Wildlines Archives > Wildlines, Volume III, Number 31
Volume III, Number 31
August 2, 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:
 
 
 
 
 
 
 
 
 
"Green" Lawns
NJ: Builders Win Fight to Ease Wetland Building Restrictions
ALEC's "Environmental Literacy Improvement Act"
 
New Illinois Law Promotes Hunting on Public Land
Florida: Anti-High-Speed-Train Initiative Makes Ballot
Arizona's Drought Plan Gives State Little Power
More Manure Control Called For on Chesapeake Bay
NJ Fast-Tracks Law Nonspecific on Crucial Issues
Colorado Renewable Energy Initiative Should Make Ballot
Wyoming: Officials Draft New Grassland Plan
MT: Supporters of Cyanide Use in Mining Defend Legality of Initiative
States Scramble to Reach Accord on Water
"Green" Lawns

Could the quest for the perfect lawn be harming our environment? There is a growing body of research, which suggests that many of the lawn and garden practices in our neighborhoods are a threat to health and the local environment. Some products used on lawns can contain poisons such as arsenic. Other chemical substances such as weed killers and fertilizers can pose health threats to infants, children, pregnant women, and people with weak immune systems. Very often these harmful chemicals wash into lakes and streams, degrading water quality and harming wildlife. At other times, dangerous substances find their way onto our dinner table through compost applied to food plants. Unfortunately, just because a product can be sold commercially in the U.S. does not guarantee its safety. The U.S. Environmental Protection Agency (EPA) has reported that most registered pesticides have not been adequately tested to determine their overall effects on people and environments. There are, however, a number of strategies that states and municipalities have used to make lawn care more "green". For information on how to keep a lawn green without harming the environment, visit: http://www.serconline.org/greenlawns.html.
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NJ: Builders Win Fight to Ease Wetland Building Restrictions (Star-Ledger 7/27)
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-2/10909158758121.xml

The New Jersey Supreme Court recently overturned a pair of rules that had restricted development in and around wetlands. The two rules, enacted at the end of Gov. Christine Todd Whitman's term in 2001, had pushed homes an extra 20 feet away from streams, rivers, and other wetlands, and imposed strict limitations on the destruction of seasonal pools, which serve as amphibian habitats. The rules were adopted by the state Department of Environmental Protection to enforce the Freshwater Wetlands Protection Act passed by the state legislature in 1987. The court ruled that the extra 20 feet was unjustified. They maintained that the legislature had carefully considered the size of the wetland buffers and, if it had wanted them to be twenty feet larger, this provision would have been included in the original legislation. The rule on amphibian-friendly seasonal pools had forced developers, seeking to fill in or otherwise alter the pools, to obtain an individual permit. The court ruled that developers could instead fill in the pools under a general permit, which is much easier to acquire. Biologists contend that 22 New Jersey amphibians breed in these seasonal pools, and seven species -- two species of frogs and five species of salamanders -- breed exclusively in them, including the endangered blue-spotted salamander and the eastern tiger salamander. The court ruling only applies to pools of less than an acre and ones that do not contain threatened and endangered species. However, environmentalists argue that the looser permit rules have a greater potential to allow valuable seasonal pools to slip through the regulatory cracks. Although a huge blow to wetlands protection, critics of the ruling argue that there may be federal grounds to take back the permitting power it had delegated to the state. For more information on how your state can protect wetland habitats and their species, visit: http://www.serconline.org/wetlands/pkg_frameset.html.
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ALEC's "Environmental Literacy Improvement Act"

The American Legislative Exchange Council (ALEC) is trying to get their corporate environmental agenda -- and only their agenda -- into your state's classrooms. The "Environmental Literacy Improvement Act" is built around establishing an "Environmental Education Council" that would approve "acceptable" environmental education materials. Such a council would be charged to "actively seek countervailing scientific and economic views on environmental issues." However, it would ban experts in environmental science from participation on the board, while mandating that 40 percent of the board be economists. In addition, it states that text materials must "not be designed to change student behavior, attitudes or values" nor "include instruction in political action skills nor encourage political action activities." Education about the environment should be balanced -- but this bill attempts to unbalance it. The Environmental Literacy Improvement Act attempts to control, confine, and intimidate educators into toeing the corporate line on environmental issues. This legislation has already passed in Arizona and similar legislative efforts have emerged throughout the country. Such measures should be resisted -- we don't need ALEC's corporate sponsors telling our children how to think. For more information about ALEC, visit: http://www.serconline.org/alecIndex.html.

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New Illinois Law Promotes Hunting on Public Land (ENS 7/30)
http://www.ens-newswire.com/ens/jul2004/2004-07-30-09.asp#anchor1

Governor Rod Blagojevich signed the Illinois Hunting Heritage Protection Act last week, which provides that the Illinois Department of Natural Resources (DNR) support, promote, and enhance recreational hunting on lands it manages, and work to maintain and enhance the amount of land acreage available for hunting opportunities in Illinois. The law, which will take effect January 1, 2005, requires that lands managed by the Department of Natural Resources be open to access and use of recreational hunting, except when limited for reasons of public safety, fish and wildlife management, or homeland security. The legislation requires that the DNR support, promote, and enhance recreational hunting and, to the greatest extent possible, not take actions which result in any net loss of land available to hunting. The new law also requires that the DNR report annually whether any acreage it manages is closed to hunting and whether other lands are opened to hunting to compensate. For more information on this act, visit: http://www.serconline.org/watchdog/watchdog2004/watchdog11.html.
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Florida: Anti-High-Speed-Train Initiative Makes Ballot (Orlando Sentinel 7/30)
http://www.orlandosentinel.com/news/local/state/orl-locrail30073004jul30,1,458798.story?coll=orl-news-headlines-state

Construction of a an Orlando-Tampa high-speed train may not begin as scheduled next summer because an initiative, which could effectively derail the project if passed, is set to be on the state ballot this November. The initiative's backers, including Governor Jeb Bush and the state's Chief Financial Office Tom Gallagher, say that the train's price tag is too high. The legislature would have to authorize $75 million per year to pay Fluor-Bombardier, a Canadian contractor, to construct the project. Proponents of the train, including the Florida Transportation Association, are digging in for a fight -- they believe the rail will help bolster the state economy. Another train advocate has filed a complaint with the Florida Election Commission stating that the anti-train group, Derail the Bullet Train, improperly solicited signatures. Despite his opposition to the project, Gov. Bush visited Quebec last week to discuss expanding trade between Canada and Florida.
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Arizona's Drought Plan Gives State Little Power (Arizona Republic 7/29)
http://www.azcentral.com/news/articles/0729drought29.html

After a nine-year dry spell, a 15-member task force, created by Arizona Governor Janet Napolitano, charged with developing a drought response plan and a statewide conservation strategy, tentatively adopted their first plan last week. The plan gives the state no authority to limit water use or enforce other restrictions unless the governor declares a statewide emergency. The task force bowed to pressure from cities and other water providers who insisted that decisions to impose water conservation measures must be made at the local level. Cities sought to uncouple the drought plan and its conservation element, fearful that linking the two would muddle the message that saving water is important whether there is a drought or not. The plan provides for a water conservation office, separate from a drought coordinator. It also allows the governor to declare an emergency under the worst drought conditions. Both ideas will now be taken directly to Arizonans, via the Internet and a series of six workshops around the state, in late August or early September. The task force wants to deliver a final document to Napolitano this fall; it is working with the National Drought Mitigation Center to develop the plan and also has enlisted help from other states that have successful plans.
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More Manure Control Called For on Chesapeake Bay (Richmond Times-Dispatch 7/29)
http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%2FRTD
_BasicArticle&c=MGArticle&cid=1031776979239&path=%21news&s=1045855934842

Manure from area agriculture is contributing to pollution in the Chesapeake Bay, and environmental group the Chesapeake Bay Foundation says that action must be taken to control animal waste and reduce runoff. The area's cattle produce far more manure than could be used for fertilizer and, as a result, it is left on lands in thick layers rather than being removed. The foundation has asked Virginia, Maryland, and Pennsylvania to seek "alternative" uses for manure besides spreading it across their lands as a cheap fertilizer. Manure contains nitrogen, phosphorous, and fertilizer. This combination of nutrients contributes to algae blooms that cloud the water and consume oxygen needed for fish and healthy marine life. Polluted algae blooms also can become toxic, making it life-threatening for small children and animals. Baywide, manure contributes 18 percent of the nitrogen and a quarter of the phosphorous that reaches the bay, the foundation announced in a recent report. In addition, the report recommends that the three states effectively enforce nutrient management plans required from livestock operations. The report asks Maryland to spend $25 million per year to develop alternative uses of manure and help farmers protect water quality from manure pollution; and, it recommends that Pennsylvania establish a $10 million pilot program to produce dairy feeds that reduce the nutrient content of cattle manure. Finally, reducing the amount of phosphorous in fertilizers that farmers are allowed to use on their lands could help reduce bay pollution. For more information on water pollution caused by agriculture, visit: http://www.serconline.org/nutrientMgmt/index.html.
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NJ Fast-Tracks Law Nonspecific on Crucial Issues (Star-Ledger 7/29)
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-2/1091088733269160.xml

In early July, New Jersey Governor James McGreevey privately signed a bill to fast-track environmental permits in the most populous areas of the state, prompting heavy criticism from state lawmakers and environmental and labor organizations. Now, new controversy is surrounding the bill over confusion as to whether the new law applies to toxic waste cleanups. With 15,000, New Jersey has the most toxic waste sites of any state in the nation. The determination of whether the law applies to such areas would obviously have a huge impact in the state. If the new law's 45-day state response deadline applied to cleanups, it would fundamentally transform the state's toxic waste program. Industrial groups said the law would speed up cleanups that needlessly drag on for years, while environmentalists said it would result in even less oversight from a program already stretched far too thin to do its job effectively. Commissioners of the state Departments of Environmental Quality and Community Affairs have insisted that the law would not apply to such sites. But business representatives and environmental activists note that the bill allows any permit or approval to be fast-tracked with only a few exceptions, and approvals for toxic waste cleanups are not among those exceptions. Bob Spiegel, who monitors toxic waste cleanups, said that, if the state excluded toxic waste cleanups from the fast-track process in the regulations prompted by the bill, companies would sue and likely win.
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Colorado Renewable Energy Initiative Should Make Ballot (Denver Post 7/28)
http://www.denverpost.com/Stories/0,1413,36~64~2298360,00.html

Colorado appears likely to become the first in the country to hold a statewide vote on requiring utilities to get part of their supplies from renewable energy. Coloradans for Clean Energy will surpass the required 67,829 petition signatures to get the initiative on the Nov. 2 ballot, said Manolo Gonzalez-Estay, co-director of the coalition, which is pushing the measure. "We're going to make that and then some," he said of the required number of valid signatures, which represents 5 percent of the total votes cast in the last general election. The campaign will turn in its signatures before the deadline to get on the upcoming ballot, he said. The measure will ask voters to decide whether utilities should be required to get at least 10 percent of their supply from renewable sources by 2015. Campaign volunteer Ryan Vaillancourt said, "Everyone who lives in Colorado is familiar with the fact that we're an incredibly sunny state and incredibly windy state. Despite that, we get less than 2 percent of our energy from renewable sources. Even people who don't know much about renewable energy support the concept, because it just makes sense." For more information on Renewables Portfolio Standards, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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Wyoming: Officials Draft New Grassland Plan (Casper Star Tribune 7/26)
http://www.casperstartribune.net/articles/2004/07/26/news/wyoming/
def395469ae86eab87256edd0017f7c0.txt

Wyoming Game and Fish Department officials want to broaden the state's ineffective black-tailed prairie dog management plan into a more comprehensive native species grassland plan. The move is part of an effort to develop and create habitat-wide management plans instead of specific species management plans for individual species, such as prairie dogs and sage grouse. During a July 16 meeting, the Game and Fish Commission authorized the department to proceed with developing a "native species plan for the conservation of Wyoming grasslands." Game and Fish Assistant Wildlife Division Chief John Emmerich said information from the recently completed inventory of the state's black-tailed prairie dog colonies will provide some of that monitoring information. Game and Fish nongame program coordinator Bob Oakleaf said, "The challenges with a broader grasslands plan is to design and implement a good monitoring program, plus a vegetation classification system… so we won't be vulnerable to a petition to list [under the Endangered Species Act]. We have to have monitoring data to even begin talking about management."
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MT: Supporters of Cyanide Use in Mining Defend Legality of Initiative (Independent Record; Billings Gazette 7/27)
http://www.helenair.com/articles/2004/07/27/montana/a05072704_01.txt
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/07/27/build/state/50-cynadie.inc

Miners, Merchants, and Montanans for Jobs and Economic Opportunity, a group supporting Initiative 147, which would repeal the ban on cyanide use in open-pit mining, has recently been forced to defend the ballot initiative in front of the Montana Supreme Court. The cyanide ban was adopted in 1998 when I-137 was passed. Additionally, I-147 seeks to restore any company's or person's mining rights to the status they had prior to the 1998 ban. Opponents of I-147 argue that it improperly asks voters to consider two different subjects on one initiative and it reinstates contracts that may no longer be desirable between landowners and large mining interests. Also, the proposal appears to favor one company, Canyon Resources Corporation of Golden, Colorado, which has bankrolled 97 percent of the I-147 campaign, contributing roughly $760,000. All of the company's leases and mineral rights, lost with the 1998 ban, would be restored with I-147. State records from the Montana Department of Natural Resources revealed that Canyon Resources was close to having their mining leases terminated a few months prior to the passage of I-137 for failing to produce required environmental impact statements and being in debt to the Department of Environmental Quality for more than $500,000. 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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States Scramble to Reach Accord on Water (Atlanta Journal-Constitution 7/25)
http://www.ajc.com/metro/content/metro/0704/26water.html?UrAuth=`N^NUOaNZUb
TTUWUXUUUZTZU^UWUcUWUZUbU]UcTYWYWZV

Alabama, Florida, and Georgia were scrambling last week to resolve long-running disputes surrounding various water sources. In 1998, congressionally-authorized talks began among all three states on the Apalachicola-Chattahoochee-Flint (ACF) River Basin; and, on the Alabama-Coosa-Tallapoosa River Basin between Georgia and Alabama. One of the ideas discussed is old. The states are taking another look at creating a tri-state commission similar to the Delaware River Basin Commission. Since 1961, the governors of Delaware, New Jersey, New York, and Pennsylvania, and a federal representative, have shared power in making decisions that affect their common river, such as building water storage reservoirs, setting withdrawal limits, and declaring drought emergencies. Recently, the agreement between Georgia and Alabama for sharing water in the Coosa River Basin, which includes Allatoona Lake and the Etowah River, expired. Last year, the ACF compact expired with no agreement and the three states reactivated lawsuits. Talks between Florida and Georgia ended with Georgia willing to guarantee a minimal amount of water going into Florida and the Apalachicola River, even during severe droughts, which would have drawn down Lake Lanier to historically low levels, but not agreeing to Florida's demand of having a say over how much water metro Atlanta could take out of the river. Officials in Florida and Alabama are trying to block the additional withdrawals.
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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]