Home > Wildlines Archives > Wildlines, Volume III, Number 32
Volume III, Number 33
August 16, 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:
 
 
 
 
 
 
 
 
Protecting Endangered Species
New Jersey Bill Would Raise Efficiency Standards
MA Gov. Romney Signs Bill Allowing Destruction of Wetlands
 
Alaska Objects to Fish Farms
States Work to Curb Pollution from Factory Farms
North Carolina Considers Weakening Air Pollution Rules
California Solar Home Initiative Stalls in Assembly
Illinois Governor Blagojevich Vetoes Bill Allowing ATV Trials in State Parks
Maryland Legislative Panel Sets Hearing on Bear Hunting Rules
South Dakota Prairie Dogs Lose Endangered Status
New Jersey's Governor McGreevey signs Highlands Bill
Protecting Endangered Species

Following alarm over findings that the nation had lost more than 500 species since colonial days, Congress passed the Endangered Species Act (ESA) in 1973 with a groundswell of public support. When the ESA was passed, experts predicted that, without such action, an additional 40 mammals and birds and 25 fish species would become extinct within the next 25 years. Today, our planet is losing species faster than at any other time in all of human history. While Congress and federal officials continue to debate the reform and reauthorization of the federal ESA, state endangered species acts can help mitigate the loss of species in our nation by seeking to assure the survival of the plants and animals unique to each state, from piping plovers in the East to Swainson's hawks in the West. While the federal ESA serves the vital role of safeguarding those plants and animals that are imperiled across ranges or on a natural scale, state acts can protect those species within each state's borders that don't yet need the emergency room measures of the federal act. If carefully crafted, state endangered species acts can strengthen the web of national protection efforts. A strong state endangered species act can serve as a complement to the federal act, supplementing protection to those species already listed so that recovery can be achieved. A strong state act also can provide real protection to species not listed under the federal act, thereby lessening the need for federal listing. Coordinated state endangered species acts also can increase ecosystem-wide protection efforts. For information on how your state can protect endangered species, visit: http://www.serconline.org/esa/index.html.
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New Jersey Bill Would Raise Efficiency Standards (Trenton Times 8/9)
http://www.nj.com/news/times/index.ssf?/base/news-2/1092040555255431.xml

New Jersey will raise the efficiency standards for appliances ranging from commercial clothes washers to exit signs to household torchiere lamps if a measure now working its way through the state Legislature is adopted this fall. The bill, which would set energy conservation standards for eight mostly commercial appliances, would make the sale of anything more wasteful illegal in New Jersey. It was approved by the Assembly this summer and awaits action in the Senate. Many household appliances, from refrigerators to air conditioners to fluorescent lamps, already meet national standards set more than 10 years ago - and almost 20 years ago in some cases. The New Jersey measure is part of a coordinated effort throughout the Northeast to set standards for products that are deemed wasteful but unlikely to be regulated anytime soon by the federal government. By adopting the standards throughout the region, the bill's supporters hope to create a large market for the efficient products that ultimately will drive down the price. New Jersey officials said the states were careful to pick products that are still considered fairly wasteful and for which the cost of the more-expensive model could be recouped in energy savings fairly quickly. A 2002 report by Northeast Energy Efficiency Partnerships found that if states throughout the region adopted efficiency standards for 15 common products, businesses and households would save $27 billion by 2020 and reduce the projected growth in annual electricity consumption by 24 percent. For more information on how your state can raise efficiency standards, visit: http://www.serconline.org/efficiencystandards/pkg_frameset.html.
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MA Gov. Romney Signs Bill Allowing Destruction of Wetlands (Boston Globe 8/12)
http://www.boston.com/news/local/massachusetts/articles/2004/08/12/romney_signs_bill_on_wet
lands_development_1092287846/

Governor Mitt Romney has signed into law a pilot wetlands banking program for the Taunton River Watershed, a controversial move nudged along by a former EPA official whose environmental consulting firm is considering a bid to run the program. The program would let a developer build on wetlands and buy a credit from a bank or an organization that has restored wetlands at other locations. The measure, inserted in the transportation bond bill that the governor signed last Tuesday, was derided by environmental activists who argued that it will encourage private developers to fill in wetlands and that it conflicts with the governor's often-stated "smart growth" agenda. "If the governor wants to control sprawl and guide development appropriately, we should not be opening the door to developers filling wetlands," said James McCaffrey, director of the Sierra Club Massachusetts. The measure was pushed by John P. DeVillars, who was regional administrator for the Environmental Protection Agency from 1994 to 2000. DeVillars founded and serves as a managing partner of BlueWave Strategies, a Boston environmental consulting firm, which he said last night may bid to become the state's banker for wetlands mitigation credits. Besides the taint of favoritism, this is a step backward for Massachusetts at a time when the federal government is declining to protect wetlands. According to a report released by Earth Justice last week, the Bush administration has allowed valuable wetlands to be lost to development. The scientific evidence suggests that we are not able to restore or create functional, diverse wetlands, as is required by a mitigation bank. Rather than allowing wetlands to be destroyed under the pretense that we can make new ones, we should be vigilantly protecting the few intact wetlands we have left. For more information on how your state can protect wetlands, visit: http://www.serconline.org/wetlands/pkg_frameset.html.

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Alaska Objects to Fish Farms (Anchorage Daily News 8/12)
http://www.adn.com/alaska/story/5417033p-5353072c.html

Federal officials are proposing to let fish farmers claim Alaska coastal waters and start farming despite a state ban, approved in 1990 by the state Legislature, on the practice. The U.S. Department of Commerce wants to make fish farming possible in federal waters across America, from three to 200 miles offshore. Alaska has banned fish farming in state waters-within three miles of shore-because it worries that the farms will spread disease and parasites and that the produce will compete with the wild fish that support the fishing industry. State officials and Alaska commercial fisherman offered objections to the federal proposal, which the Bush administration could submit to Congress next year. The state can't control what happens in federal waters, but Gov. Frank Murkowski is calling for a five-year moratorium on federal fish farms. Alaska wants more information on what it would mean for the environment and the commercial fishing industry, said Sue Asplund, special assistant to the state fish and game commissioner. The state Fish and Game Department warns of the "potentially catastrophic" danger to habitat and Alaska's wild salmon of introducing non-native species and reports that 577 Atlantic salmon have been found in Alaska waters since 1994.
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States Work to Curb Pollution from Factory Farms (Pittsburgh Post-Gazette 8/11; San Francisco Chronicle 8/6)
http://www.post-gazette.com/pg/04224/359890.stm;
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/08/06/state2106EDT0139.DTL

Under a new factory farm proposal put out by Pennsylvania Gov. Rendell's administration last week, large pig farms would for the first time be required to control offensive manure odors and be subject to tighter protections for streams and groundwater. The Agriculture, Communities and Rural Environment initiative, or ACRE, is the administration's attempt to address air, land and water pollution problems created by the explosive growth of factory farms-those that contain more than 1,000 pigs- that now number more than 118 in 22 counties. The policy would set up a new five-member Agricultural Review Board to look at local ordinances and regulations aimed at restricting the siting and operations of factory farms, which also are known as concentrated animal feeding operations or concentrated animal operations. The board would attempt to negotiate and resolve disputes between local governments and the large farming operations, which have had to mount costly court challenges to the local laws. In California, the South Coast Air Quality Management District (AQMD) has adopted the nation's first rules to reduce emissions from dairy cow manure. The regulation, which will be gradually phased in beginning December 1, requires dairies with at least 50 cows to remove manure from corrals more frequently and send it to a special composting facility or to an agricultural area where it is approved for use as a fertilizer. By 2010, the measure will reduce ammonia emissions by more than 3 tons per day and volatile organic compounds by more than a ton daily, according to an AQMD statement. For more information on how your state can curb pollution from factory farms, visit: http://www.serconline.org/cafoZoning.html and http://www.serconline.org/cafoAirEmissions.html.
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North Carolina Considers Weakening Air Pollution Rules (News & Observer 8/12)
http://www.newsobserver.com/news/nc/story/1520858p-7692075c.html

To conform with Bush administration changes, North Carolina environmental regulators are considering loosening state rules that govern when industries must install new technology to control air pollution. When utilities and manufacturers make modifications or expansions, they are required under the federal Clean Air Act to install up-to-date pollution controls. Such equipment upgrades aren't required for routine repairs, but what is routine is often a matter of interpretation. The Bush administration in December 2002 issued changes to EPA rules, creating broader exemptions for industries to expand without installing new pollution equipment. States operating their own air programs, such as North Carolina, have until 2006 to decide how to change them in response. The state is considering three options, including keeping the current state rules; adopting the more permissive rules; and passing a modified state version of the new federal rules. The rules regulate the installation of pollution equipment for 300 to 400 industries in North Carolina. Representatives of industry want the state to replace the state's current air rules with the new federal rules, and environmental groups want the state to keep its current rules. Jeff Gleason, deputy director of the Southern Environmental Law Center in Charlottesville, Va., said the state proposal is an improvement over federal rule changes but represents a significant weakening of the current program. He said that if the state allows industries broader leeway in determining whether they have to install new pollution controls, fewer industries will have to comply, and the air will be more polluted. "This is not an issue about jobs versus environmental protection," Gleason said. "It's about 170,000 children in North Carolina who suffer asthma because of the pollution they are forced to breathe." For more on how your state can clean up its air, visit: http://www.serconline.org/clean/index.html. .
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California Solar Home Initiative Stalled in Assembly (San Francisco Chronicle 8/12, Union Tribune 8/10)
http://www.signonsandiego.com/news/state/20040810-1622-ca-solarhomes.html; http://www.sfgate.com/cgi-
bin/article.cgi?file=/news/archive/2004/08/12/state2109EDT7655.DTL

A sweeping proposal to run half of new California homes on solar energy by 2020 stalled in an Assembly committee, in part because Gov. Schwarzenegger has yet to sign on to the proposal advanced by his own Environmental Protection Agency. The initiative by the state Environmental Protection Agency (CalEPA) was added to a bill that already passed the Senate. The proposal would far exceed incentives and requirements in other states, putting California on a par with solar programs by world leaders like Japan and Germany. It comes three years after the state's debilitating energy crisis. Sen. Kevin Murray, who altered his bill to include key parts of the CalEPA proposal, said the vote in the Appropriations committee “is really about whether the governor supports it”. Schwarzenegger was generally supportive of the plan during an informal conversation last week, Sen. Murray said. State EPA officials outlined the "Million Solar Homes Initiative" to fulfill a Schwarzenegger campaign pledge. The building industry, opposed to Murray's original bill, was supportive of the EPA's incentive-heavy approach. The incentives alone would be enough to get solar panels on 40 percent of new homes by 2010 and 50 percent by 2013, the equivalent of 36 new, $30 million, 75 megawatt natural gas "peaker" plants used when electricity is most in demand, the EPA estimated in a draft proposal. The Senate recently approved, 30-2, a bill requiring cities and counties to allow the use of solar panels unless there are public health or safety concerns, an effort to counter bans imposed for aesthetic reasons. For more information on how your state can encourage the use of renewable energy sources, visit: 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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IL Gov. Blagojevich Vetoes Bill Allowing ATV Trials in State Parks (Quad City Times 8/10)
http://www.qctimes.com/internal.php?story_id=1032881&t=Iowa+%2F+Illinois&c=24,1032881

Last week Illinois Governor Rod Blagojevich vetoed state Senate Bill 2272, which would have increased ATV and dirt bike traffic in state parks, because he believes such traffic would cause harm to the environment. The law would have allowed the Department of Natural Resources, to use the Off-Highway Vehicle Trails Fund to build trails on state property not designated as nature preserves. The bill's sponsors said SB 2272 was needed to provide ATV owners with a place to legally operate their vehicles. The Sierra Club also opposed the bill. For more on how your state can regulate ATVs, visit: http://www.serconline.org/orv/pkg_frameset.html.
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Maryland Legislative Panel Sets Hearing on Bear Hunting Rules (Baltimore Sun 8/10)
http://www.baltimoresun.com/news/local/bal-md.bear10aug10,1,1991335.story?coll=bal-local-utility

The Joint Committee on Administrative, Executive and Legislative Review will hold a hearing August 25 in Annapolis on proposed rules for the state's first bear hunt in 51 years. The Maryland Department of Natural Resources (DNR) says it will not postpone authorizing the hunt planned for this fall, despite the committee's request for a delay while it studies the proposal. The hunt as planned by the DNR would specifically target the black bears responsible for crop and property damage in Western Maryland. DNR wildlife managers say they would match hunters with property owners who have complained about bear damage. The hunt, planned for October 25-30 and December 6-11, would target 30 of an estimated 400 bears in the hunt zone. DNR officials believe another 100 black bears live in Maryland. The DNR can implement the rules despite the committee's request for a delay. That could happen as early as August 25, the day of the hearing.
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South Dakota Prairie Dogs Lose Endangered Status (Argus Leader 8/13)
http://www.argusleader.com/news/Fridayfeature.shtml

Wildlife officials in South Dakota have removed the prairie dog as a candidate for Endangered Species Act protection. The move is expected to widen poisoning and other controls on the rodent, which some see as a pest and others see as the keystone of a native ecosystem. Prairie dogs, which ranchers blame for stripping vegetation from productive grazing land, never were actually on the threatened species list. But after a 1998 petition made them a candidate, the government prohibited killing them on federal land. Combined with drought, that has allowed prairie dog colonies to expand from federal land onto private land. South Dakota and other states have since counted their prairie dog acres, revealing larger populations than expected. That prompted the U.S. Fish and Wildlife Service to remove the species from candidate status. Environmentalists said South Dakota's prairie dog management plan has some positives, but not listing the species could free the state to let the species decline once again. To see SERC's policy issues package on protecting endangered species, visit: http://www.serconline.org/esa/index.html.
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New Jersey's Governor McGreevey signs Highlands Bill (NY Times 8/10)
http://www.nytimes.com/2004/08/11/nyregion/11highlands.html?pagewanted=all

Gov. James E. McGreevey signed legislation last week that will protect more than 400,000 acres of land as well as drinking water for more than 5.4 million state residents. The Highlands bill will prevent construction within 300 feet of lakes, streams and all other bodies of water, thus protecting drinking-water sources. The law will also restrict construction on steep slopes and limit the construction of new water and sewer lines in the Highlands region, and will ban new development in wooded areas. The New Jersey Highlands is a 1,000-square-mile area in northwestern New Jersey that encompasses parts of Bergen, Hunterdon, Morris, Passaic, Somerset, Sussex and Warren Counties. Approximately 5.4 million people in New Jersey receive their water from the Highlands region. At the urging of state environmental groups, Mr. McGreevey spent the last year working on the Highlands water protection and planning act, which was approved by the Legislature in June. For more information on how your state can protect land, visit: http://www.serconline.org/conservationfunding/index.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]