Home > Wildlines Archives > Wildlines, Volume III, Number 32
Volume III, Number 32
August 9, 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:
 
 
 
 
 
 
 
 
 
Renewable Energy Incentives
Environmental Justice: An Emerging State Issue
Key Health, Environmental Data Vulnerable to Obscure Law
 
California Bill Aims to Improve Care for Pesticide Victims
Michigan Dove Advocates Want Dove Hunting Law Revoked
California's Marine Protection Program Revived
Delaware, California Seek to Reclaim Brownfields
AK High Court Rejects Special Status for Beluga Whales
California Proposal Would Boost Use of Solar Energy
MI Supreme Court Limits Who Can File Environmental Protection Suits
Delaware Works to Limit Manure
CA Panel Recommends Weakening State Pesticide Laws
Renewable Energy Incentives

Between 1970 and 1998, global energy use rose by about 70%, and demand for energy continues to rise at a rate of about 2% each year. Renewable energy can reduce our dependence on fossil fuels, reduce the harmful pollution currently associated with energy production and consumption, and reduce our emissions of greenhouse gases. Alternative heating and cooling systems that run on non-traditional, renewable energy sources and produce fewer harmful emissions can substantially reduce consumers' energy costs. Geothermal heat pump systems can reduce energy consumption by 25-75%. Photovoltaics and other solar energy systems don't use fossil fuels and produce no greenhouse gases; in fact, they produce no atmospheric emissions. The promotion of these types of alternative fuel energy systems helps to decrease our dependence on finite energy sources and the environmental degradation that accompanies extraction and transportation. To help these technologies develop and the markets adapt to changes, both federal and state governments have offered a variety of tax incentives for the manufacture, installation, and use of renewable energy systems. SERC's policy issues package on renewable energy incentives introduces you to the different types of incentives (these include income, property, and sales tax incentives for individuals and businesses that manufacture or purchase renewable energy systems) that you can implement in your state, and focuses on ways to maximize the impacts of these incentives. To read the complete package on renewable energy incentives, visit: http://www.serconline.org/RenewableEnergyIncentives/index.html.
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Environmental Justice: An Emerging State Issue (Stateline.org 8/2)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=389449

Oregon and Washington are among a growing number of states that have taken some action to make sure that less fortunate neighborhoods don't bear more than their fair share of environmental impacts. Currently, a minority or low-income neighborhood is more likely to have toxic waste dumps, municipal landfills and incinerators, high levels of air pollution, and a greater percentage of children with lead poisoning, a Clark Atlanta University study shows. Twenty-two states have created policies on environmental justice, and all but 13 -- Alaska, Idaho, Iowa, Kansas, Maine, Nebraska, Nevada, North Dakota, Oklahoma, South Dakota, Utah, Vermont, and Wyoming -- have enacted formal policy or programs, which aim to fight discrimination in the placement of landfills, highways, and industrial facilities. The 22 states with policies that address the environmental justice issues are generally on record favoring increased community participation and awareness during planning and construction of projects with an environmental impact. But the policies don't always come with clear guidelines for implementation. Whatever the facts on implementation, environmental justice is getting more political attention. The number of state officials who track environmental justice issues has grown significantly in recent years. States such as Arizona, California, South Carolina, and West Virginia have staffers who work exclusively on such matters. Connecticut has established an environmental justice complaint contact and investigator who answers complaints, and whose jurisdiction covers local, state, and federal agencies. To read SERC's policy issues package on environmental justice, visit: http://www.serconline.org/ej/index.html.
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Key Health, Environmental Data Vulnerable to Obscure Law (Bush Greenwatch 7/29)
http://www.bushgreenwatch.org/mt_archives/000163.php

The Data Quality Act, a little-known law inserted into a huge 2001 budget bill, is undermining government protections of public health and the environment. The Bush administration's Office of Management and Budget (OMB), which has overseen the law's implementation, has obscured and even omitted the situation from a new report to Congress. The law was added as a brief rider to the Treasury and General Government Appropriations Act for fiscal year 2001, and took effect in October 2002. It directed the OMB to instruct federal agencies on setting standards for the quality of scientific and statistical information they use and distribute. It also required agencies to accept and review challenges to their data. OMB Watch, a nonprofit that monitors the OMB, has found that OMB, in its report to Congress, significantly undercounted the number of challenges made under the law, and understated the extent to which industries are challenging information that affects their business interests. OMB reported to Congress that there have been no slowdowns in the regulatory process as a result of the law. However, it did not ask federal agencies the amount of time or money they are spending on implementation, or for input on how the law is affecting the speed with which agencies make and implement regulations. Industries are also trying to use the law to block distribution of information. Although no such challenges have succeeded so far, the attempts suggest how the law could chill even intra-agency information disseminations. The American Legislative Exchange Council (ALEC) has a bill modeled after the federal version called the "State Data Quality Act." For more information on the state version, visit: http://www.serconline.org/alec/alec18.html.

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California Bill Aims to Improve Care for Pesticide Victims (Sacramento Bee 8/4)
http://www.sacbee.com/content/politics/ca/story/10246024p-11166411c.html

When farm pesticides inadvertently poison rural Californians, the victims can be shuffled around for years, often without good medical care, while those responsible duck liability. So say politicians, state bureaucrats, and farm worker advocates who have been negotiating legislation that would revamp a system that responds to large-scale pesticide poisonings and force violators to pay the doctor bills when their chemicals drift onto bystanders. The danger from pesticide exposure is increasingly extending far beyond farm workers. "The bill... is solving something that people might see as just relating to farm workers, but it's actually a precaution [for] what we are going to see more and more of in the Central Valley," said state Sen. Dean Florez, who is pushing a bill that would overhaul the emergency response system. State farm groups and chemical-makers have voiced concern about subpar emergency response to chemical drift incidents, but also fear that the cost of bulking up the program will grow too high. The bill would expand the state emergency response training program to include chemical-related illnesses, ensuring that county emergency response plans address pesticide poisoning and establishing a fund to pay for the medical treatment of pesticide-drift victims. Sen. Florez's proposal would also authorize the state to recover medical costs from companies, farmers, or others responsible for drift that injures bystanders. The bill also calls for an additional surcharge on farm chemicals based on their propensity to drift off the targeted crop. That can happen if wind blows chemicals when they are applied, or if chemicals evaporate from crops and get deposited on unsuspecting bystanders. State data compiled by farm worker advocates show an average of more than 250 reported cases of illnesses related to pesticide drift each year. They say the numbers represent only a fraction of actual chemical-related illnesses. Illnesses are often unreported because farm workers typically are afraid of losing their jobs and don't trust government agencies.
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Michigan Dove Advocates Want Dove Hunting Law Revoked (Detroit Free Press 8/6)
http://www.freep.com/news/mich/dove6_20040806.htm

Michigan dove advocates are hoping to put the future of dove hunting on the ballot in November 2006, in an effort to persuade citizens to repeal the dove hunting law enacted by the state legislature this June. That legislation allows the state's first legal dove hunting season in 100 years to begin this September. But, if the coalition of opponents is able to collect 158,000 valid signatures by March, the new law allowing hunting will be suspended until voters decide its fate in November 2006. Current law allows for a 3-year pilot hunt in six counties of the state, at which time the state Natural Resources Commission would determine whether to expand the hunting area into other counties. Pro-dove advocates say they are confident that they will be able to obtain the required number of signatures to stop the hunt as of next March. Among organizations trying to stop dove hunting are the Detroit and Michigan Audubon Societies, the Humane Society of the United States, and the American Society for the Prevention of Cruelty to Animals. "These are social issues. We're not just looking at wildlife biology," said Mark Markarian, president of the Fund for Animals, based in Washington, D.C., and another coalition partner. "It's not a question of whether we can hunt mourning doves, it's a question of whether we should."
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California's Marine Protection Program Revived (Mercury News 8/4)
http://www.mercurynews.com/mld/mercurynews/news/local/9316068.htm?1c

In a decision cheered by environmentalists and marine biologists, the Schwarzenegger administration has decided to restart plans to create the nation's first network of protected marine reserves off California's coast, eight months after shutting the project down for lack of money. The first area scheduled to have specific maps for such "no-fishing zones," with a draft plan now due out by March 2006, will be the central coast. A blue-ribbon panel will oversee the issue, along with a 25-member science advisory group. They will hold public meetings and study the biology and economics of reserves, with the goal of putting them in selected areas across all state waters, out to three miles offshore, by 2011. The plan was required by a landmark 1999 state law, the Marine Life Protection Act. It has been cited by marine biologists as a national model, and perhaps the best hope of arresting the steady decline of dozens of types of fish in California waters. In January, however, the state Department of Fish and Game announced it would halt the plan, saying the state lacked the $2 million needed to finish it by a 2005 deadline. Now a public-private partnership has brought the program back to life. Details are still being worked out, but several private foundations have pledged roughly $2.5 million a year, over the next three years, to pay for scientific studies, public meetings, and other costs. This year, that money will be augmented by $500,000 in state funding. Less than 1 percent of U.S. marine waters are off limits to fishing. But several major studies, including a 2001 report by the National Academy of Sciences and a 2003 Pew Oceans Commission report, have recommended reserves as a key tool in reviving ocean species depleted by pollution, overfishing, and other threats.
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Delaware, California Seek to Reclaim Brownfields (News Journal 8/4; LA Times 7/31)
http://www.delawareonline.com/newsjournal/local/2004/08/04lawpromotesbrow.html
http://www.latimes.com/business/printedition/la-fi-brownfields31jul31,1,7427803.story

Delaware Gov. Ruth Minner signed SB 328 into law last week, creating the Brownfield Redevelopment Program, which is closely tied to the state's economic development and job creation goals. The measure doubles to $100,000 the maximum available grant for pollution studies and cleanup assistance, and offers liability protections for developers who enter redevelopment and cleanup agreements with state regulators. Gov. Minner said the legislation would benefit landowners and communities around the roughly 700 potential brownfields identified in the state. Restoring the idle properties to productive use, she said, would reduce pressure to develop forests and farms and hold down demands to expand highways, wastewater systems, and other public services. In California, SB 493, introduced by Sen. Cedillo, would encourage the development of brownfields by spelling out the obligations of developers to clean up soil pollution caused by previous owners. However, the bill would limit the future legal liability of developers to treat tainted underground water as long as that water is not used for drinking and does not pose a threat to human health or safety. The bill, which passed the Senate, remains in the Assembly mired in controversy. Developers say they want assurances that they won't be hit by lawsuits or cleanup orders once regulators give the go-ahead to start construction, but environmentalists draw the line at changing the state law that holds owners responsible for cleaning up polluted groundwater beneath their property. For more information on brownfields, visit:
http://www.serconline.org/brownfields/index.html.
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AK High Court Rejects Special Status for Beluga Whales (Seattle Post-Intelligencer 8/3)
http://seattlepi.nwsource.com/local/184633_belugas03.html

Last week, the Alaska Supreme Court upheld a 2002 decision by a lower court, in its rejection of special protection status for Cook Inlet beluga whales under the state's Endangered Species Act. The lower court had declined to list the whales as endangered at the state level, a determination reinforced by the state's Department of Fish and Game (DFG). Alaska DFG officials concede that the animal's numbers have diminished but have determined that the species is not immediately threatened with extinction. To whale advocates, the court's ruling was frustrating because it focused on technical legal issues, such as the whale's qualification as a biological subspecies, instead of on the pertinent and immediate questions of whether the whale is facing extinction. "I feel like the canary is lying dead in the cage and we're jumping up and down screaming about it and nobody's doing anything," said Randy Virgin, director of the Alaska Center for the Environment. Today, only approximately 350 to 400 whales are thought to be present in the area, compared to its historic numbers of 1,300. To learn more about state endangered species acts and how they can work to protect native wildlife, please visit: http://www.serconline.org/esa/index.html.
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California Proposal Would Boost Use of Solar Energy (LA Times 8/3, Washington Post 8/5)
http://www.latimes.com/news/local/la-me-solar3aug03,1,6452392.story?coll=la-headlines-california
http://www.washingtonpost.com/wp-dyn/articles/A41521-2004Aug5.html

The Schwarzenegger administration is developing an ambitious plan, the "Million Solar Homes Initiative," to boost solar power in California that would have 50% of all new homes producing renewable energy within a decade. Under the draft proposal, which has not yet been formally endorsed by Gov. Arnold Schwarzenegger, California would provide home builders with financial rebates if they added solar panels to new homes, and would provide some incentives to homeowners seeking to add energy generators to older houses. The program would be paid for with a new monthly utility bill surcharge of about 25-30 cents per household, projected to raise $1 billion before the surcharge ends in 10 years. But homeowners would be free to sell excess solar energy back to electricity companies, leaving them with no net cost. "Each month, the homeowner would save more money in reduced electricity charges than the homeowner would have to pay on the solar mortgage," according to the draft presented by California Environmental Protection Agency (CalEPA) Undersecretary Drew Bohan. State officials estimate that such a program could add photovoltaic panels to 40% of all new homes by 2010, and 50% by 2013. To make sure the goals were met, the program would require builders to add solar panels to 5% of homes by 2010 and 50% by 2020. By 2017, state officials estimate, the program would add solar panels to nearly 1.2 million houses in the state -- 884,000 new and 313,000 older houses. The solar power installations would be the equivalent of 36 new, 75-megawatt natural gas plants, and would avoid pumping 50 million tons of carbon dioxide into the air from the accompanying combustion, Cal EPA estimated. Environmentalists and solar panel makers lauded the proposal as bold policymaking that would place California at the forefront of renewable energy use and turbocharge the solar industry, lowering the price of the technology for all. Many environmentalists also are backing a solar incentive bill, approved by the Senate and pending in an Assembly committee, which would require that 15 percent of new homes come with solar panels by 2006. The requirement would increase by 10 percentage points a year until it would mandate that 55 percent of homes come solar-equipped by 2010. For more information on how your state can encourage the use of renewable energy sources, see SERC's policy issues packages on renewable portfolio standards at http://www.serconline.org/RPS/pkg_frameset.html; renewable energy incentives at http://www.serconline.org/RenewableEnergyIncentives/index.html; and, net metering at http://www.serconline.org/netmetering/index.html.
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MI Supreme Court Limits Who Can File Environmental Protection Suits (Detroit Free Press 8/2; Detroit News 8/4)
http://www.freep.com/news/statewire/sw102091_20040802.htm
http://www.detnews.com/2004/metro/0408/04/b08d-231903.htm

In a newly released 4-3 decision, a majority of the justices on the Michigan Supreme Court rejected the idea that a 1970 law allows literally anyone to sue for the purpose of halting pollution or other environmental degradation. The majority opinion did not set precise criteria for deciding who could sue, but it found that two environmental groups had passed the test by claiming their members would be personally harmed if an Upper Peninsula mining company, Empire Mine, degraded wetlands. The Michigan Environmental Protection Act of 1970 states that "the attorney general or any person" can file suit "for the protection of the air, water and other natural resources... from pollution, impairment, or destruction." That means anyone can sue, the appeals court ruled. The Supreme Court's majority opinion, written by Justice Stephen Markman, disagreed, saying it was up to the executive branch agencies, not the courts, to enforce environmental regulations. Another judge, in her dissent, wrote: "The majority disregards the intent of the Legislature, erodes the people's constitutional mandate, and overrules 30 years of Michigan case law that held the Legislature meant what it said when it allowed 'any person' to bring an action in circuit court to protect natural resources from actual or likely harm." The majority opinion allowed the suit against Empire Mine to proceed because members of the environmental groups contended filling the wetlands would impair recreational activities such as birdwatching, boating, and fishing.
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Delaware Works to Limit Manure (Delaware State News 8/2)
http://www.newszap.com/articles/2004/08/01/dm/central_delaware/dsn01.txt

Three years ago, the Delaware began a mandatory nutrient management program to work with farmers on how much manure to use and to help chicken growers dispose of the manure from their birds. The plan, which the state pays for, takes into account the soil's makeup, the nutrients in the commercial fertilizer or manure, and when the nutrients will be applied to the fields. A farmer can follow a plan to know how much manure or commercial fertilizer to use without harming the environment. By 2007, farmers and certain other businesses, such as golf courses, are required to have a nutrient management plan for their land on file with the state Department of Agriculture. The program is being phased in over five years and is currently surpassing its property enrollment targets. Owners have been volunteering their properties since the program began instead of waiting for the state to tell them they need to develop a plan. Ed Lewandowski, a member of the state's Nutrient Management Commission, said excess nitrogen and phosphorous can lead to rapid growth of algae in bodies of water. When the algae begin to decompose, it creates bacteria, depriving fish of needed oxygen in the water and leading to large fish kills. The program, which is funded in the state's annual operating budget, financially assists farmers with costs related to relocating the manure, such as having the chicken houses cleaned and the litter hauled to an alternative site. For more information on nutrient management plans, visit: http://www.serconline.org/nutrientMgmt/index.html.
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CA Panel Recommends Weakening State Pesticide Laws (San Luis Tribune 8/2)
http://www.sanluisobispo.com/mld/sanluisobispo/news/politics/9299960.htm

In a 2,500-page report released last week and sent to Calif. Gov. Arnold Schwarzenegger, a state government panel has recommended regulations that would streamline the introduction of new pesticides. The allowed use of new and emerging pest control products is slowed by the state's inclination to adopt pesticide regulations that closely mimic federal rules, the panel said. It recommends increasing state reliance on federal standards. With the federal government considering weakening its own pesticide regulations, state environmentalists and others are concerned about the push to make California reliant on federal rules. Potential federal rollbacks include a Bush administration proposal to end current rules requiring the U.S. Environmental Protection Agency to consult with federal wildlife agencies to determine if chemicals could harm plants and animals protected by the Endangered Species Act. Supporters of the relaxed rules say that the tendency for newer pesticides being developed to be less toxic to the environment justifies the recommendation to relax pesticide rules. Environmentalists aren't convinced that the new products are any less toxic or that "less toxic" should be a policy goal of the state or federal government. In California, the pesticide regulation department is already taking steps to speed up new pesticide reviews. The department says it will rely more on federal testing, allow manufacturers to use a pesticide before it can prove that it is effective, and will no longer routinely require manufacturers to submit data on pesticide residue left on food and feed crops. Opponents of weakening the state's pesticide laws held news conferences last week in Sacramento, Fresno, Bakersfield, and Los Angeles to protest recent cases where human health was compromised due to drifting chemicals. The groups, including Californians for Pesticide Reform and the California Rural Legal Assistance Foundation, want state pesticide regulators to phase out the most dangerous and drift-prone pesticides, which they say are adversely affecting the health of many in the state's agricultural regions.
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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]