Home > Wildlines Archives > Wildlines, Volume III, Number 35
Volume III, Number 35
August 30, 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:
 
 
 
 
 
 
 
 
 
 
Anti-Wolf Legislation
Alabama Commission OKs Proposals to Protect Minorities
Partnership for the West's Promises Add Up to Environmental Destruction
 
California Fee Hikes Would Aid Smog Fight
Nebraska Gov. Proposes Plan for Drought-Stricken Farmers
Alaska Considers Proposal to Ease Stream Pollution Rule
MD Gov. Says 'Yes', Panelists Say 'No' to Bear Hunting
Ford CEO Tries to Stop California Hybrid Bill
Open Space Rule Will Go to Utah Voters in November
California Senate Committee Tanks Solar Energy Plan
MA Planning Department to Complete Analysis of Land Inventories
California Bill to Cut Gas Consumption Dies
Michigan: Public Transit Gains in Local Elections, Loses in Legislature
Anti-Wolf Legislation

After being hunted nearly to extinction, the Northern Rocky Mountain gray wolf was listed as endangered under the U.S. Endangered Species Act (ESA) in 1973, and the Mexican gray wolf was added in 1976. From that time until the present, millions of dollars and much time have been spent on recovery efforts for the wolf. Yellowstone wolf reintroduction began in 1995 and has been largely successful, as have recovery efforts in Idaho, Montana, Minnesota, Wisconsin, and Michigan. There have also been successful recovery efforts undertaken for the Mexican gray wolf in New Mexico and Arizona. This may sound like an ESA success story, but today the wolf is again under heavy attack. Anti-wolf organizations, such as the Idaho Anti-Wolf Coalition, and anti-wolf advocates within state and federal agencies have worked to pass strong anti-wolf legislation. In addition, in mid-July 2004, Interior Secretary Gale Norton announced that the gray wolf had made such a good recovery in the eastern U.S. that the animal would soon lack federal protections across that half of the country. Unfortunately, many states lack effective protections that would ensure the long-term survival of the wolf. For more information on anti-wolf legislation, visit: http://www.serconline.org/antiWolfLeg.html.
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Alabama Commission OKs Proposals to Protect Minorities (Birmingham News 8/25)
http://www.al.com/news/birminghamnews/index.ssf?/base/news/1093425656167040.xml

Alabama's Environmental Management Commission has approved two measures aimed at protecting the state's minority and low-income residents. One, an ombudsman for "environmental justice" would seek to counter the trend whereby communities with a large population of low-income and/or people of color are more likely to be subjected to environmental hazards. The other measure would require new pollution permits to include demographic information, such as the race and poverty level of the people affected. Both measures must pass a series of rule-making procedures before being finalized. Speakers at the commission's hearings included U.S. Rep. Artur Davis, the state's only black congressman, and Tanisa Foxworth of the Alabama African American Environmental Justice Action Network and the ADEM Reform Coalition. Davis and Foxworth spoke in support of the measures, and urged the body to take steps to ensure more accountability and responsibility when it comes to pitting employment opportunities against dangerous environmental hazards. To learn more about the growing environmental justice movement and how your state can work to combat environmental injustice, visit: http://www.serconline.org/ej/index.html.
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Partnership for the West's Promises Add Up to Environmental Destruction (TomPaine.com 5/7/04; Land Letter 5/27/04)
http://www.tompaine.com/feature2.cfm/ID/9286
http://www.eenews.net/Landletter/Backissues/052704/052704ll.htm#1

An organization called Partnership for the West (PFTW) promises to do a myriad of things, including managing water resources better, getting public access to public lands, getting better paying jobs, and getting "common sense" laws and regulations into place, without really explaining how they will be accomplished. Although the group attempts to hide its anti-environmental agenda, they are not doing a very good job. PFTW recently sent a letter to western governors asking them to encourage the federal government to not list the sage grouse under the Endangered Species Act. It also coordinates the so-called Sage Grouse Conservation Task force whose coordinator, Jim Sims, is quoted as saying, "If science shows that sage grouse is truly on the verge of extinction, then the absolute worst thing we could do is subject the bird to the chocking hammerlock of the Endangered Species Act." He goes on to say, "These fringe activists [conservationists who support ESA listing] really want to use this law to take away private property, run farmers off their land, stop all natural resource development, raise energy prices, and turn back the clock on progress in the West." The organization targets the Endangered Species Act and supports the Bush administration's "Healthy Forests" Plan. It is openly hostile to federal land management, and feels the government is not as effective as private management. The group grew from a conference that included representatives from the American Land Rights Association, the Blue Ribbon Coalition, the Mountain States Legal Foundation, and People for the USA. The Executive Director, Jim Sims, led Vice-President Dick Cheney's secret energy task force that has come under tremendous scrutiny. He contends that environmentalists complicate and delay the process, while operating in so-called "sophisticated networks." PFTW is supported by a number of corporations, including Dow Chemical, Unocal, and Western Gas Resources. The group's actions may soon influence your state. Before this organization's "grassroots efforts" take hold, let's reveal Partnership for the West for what it is -- another industry-funded organization determined to develop and destroy our natural resources.

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California Fee Hikes Would Aid Smog Fight (Los Angeles Times 8/21)
http://www.latimes.com/news/science/environment/la-me-smog21aug21,1,1775487.story?coll=la-news-environment

Californians could soon pay $2 more to register their cars and 75 cents more to buy a new tire, as part of a deal brokered by the Schwarzenegger administration and lawmakers to help fund an expansion of air pollution programs. The package of proposed increases, which still must be approved by the legislature and signed into law by the governor, would raise about $90 million more a year to help fight smog. It would increase state tire fees to $1.75 per tire and allow local air pollution control districts to raise a vehicle registration surcharge that helps fund environmental programs. Motorists would also receive the option of donating $10 a year to air pollution programs by checking a box on their DMV registration forms, a voluntary approach favored by Schwarzenegger's environmental protection secretary, Terry Tamminen. State officials estimate that 4% of drivers would make the contribution, raising $10 million annually. The legislation that includes the increases, AB 923, requires only simple-majority approval in the legislature rather than the two-thirds majority that would be needed for a tax increase. Together, the new fees would generate more than $150 million to repair or retire heavily polluting school buses and agriculture equipment. Some of the money might also be used to scrap older cars and trucks. Air quality officials consider those programs to be among the most cost-effective ways of cutting nitrogen oxides and the other pollutants that form smog. The programs have been supported by industry groups as well as environmental advocates. The programs that would receive the new money have largely been financed with state bond money and were in danger of losing future funding because of the state's profound budget problems. Expanding the programs with the new money would reduce smog-forming pollutants by about seven tons a day statewide, air board officials estimated. More important, officials said, the expansion would make new money available to fix or replace old school buses that expose children to diesel exhaust. The legislation targets school buses built before 1977 that not only are heavy polluters, but were also made in an era of fewer safety standards.
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Nebraska Gov. Proposes Plan for Drought-Stricken Farmers (Omaha World-Hearld 8/27)
http://www.omaha.com/index.php?u_np=0&u_pg=1638&u_sid=1186489

Gov. Mike Johanns sought federal help last week to encourage Nebraska farmers to shut off center pivots and plant wildlife cover instead of corn. Johanns sent a proposal to the U.S. Department of Agriculture (USDA) for a second Conservation Reserve Enhancement Program in drought-stricken areas. If approved, the plan would cover up to 100,000 acres in the North Platte, Platte and Republican River basins. Farmers would be paid not to grow crops on land that's irrigated with surface water from those rivers or with groundwater drawn from areas next to those rivers. The areas selected have been hit hard by the drought. Also, they are areas where water conservation is critical if the state is to comply with major water agreements. Under the conservation proposal, farmers would be paid at levels comparable to rent on irrigated land, an average of $126 per acre, said U.S. Rep. Tom Osborne. The program would cost an estimated $158 million over 10 years, with 80 percent coming from the federal government. Existing conservation programs should fulfill the 20 percent match, so no additional state dollars would be needed, Roger Patterson, director of the State Department of Natural Resources said. Another $10 million would be needed to prepare land enrolled in the program. The federal government would split that cost with landowners or other local sources. Since introducing the program in 1997, the federal government has signed 29 such conservation agreements with 25 states aimed at various environmental goals, said Charles Chadwell, program manager for the USDA.
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Alaska Considers Proposal to Ease Stream Pollution Rule (Daily News-Miner 8/26)
http://hosted.ap.org/dynamic/stories/A/AK_POLLUTION_PROPOSAL_AKOL-?SITE=AKFAI&SECTION=HOME

State environmental regulators are proposing to allow wastewater to enter some fish spawning streams. The proposed rule would replace the current ban on mixing zones in Alaska's freshwater spawning areas, which has been in place since 1997. Mixing zones are areas in a water body where wastewater discharge is allowed to exceed pollution limits while blending with uncontaminated water for dilution. Mixing zones are commonly used in Alaska by sewage treatment plants, seafood processors, and other industries. All three of Juneau's sewage treatment plants -- discharging to the Mendenhall River, Gastineau Channel, and Auke Bay, where spawning does not occur -- are allowed to use mixing zones. The only other state with a prohibition on mixing zones specifically in fish spawning areas is Minnesota, said Nancy Sonafrank, who heads the Alaska Department of Environmental Conservation's (DEC) water quality standards section. Officials with the DEC said the plan would apply only in areas that would not be harmed, but environmentalists and fishermen wonder where the state will draw the line on often conflicting scientific evidence. Critics also questioned the state's decision to hold public hearings on its proposal in the middle of the commercial fishing season.
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MD Gov. Says 'Yes', Panelists Say 'No' to Bear Hunting (Washington Post 8/26; Baltimore Sun 8/26)
http://www.washingtonpost.com/wp-dyn/articles/A33981-2004Aug25.html
http://www.baltimoresun.com/news/local/bal-md.bear26aug26,1,5333685.story?coll=bal-local-headlines


In Maryland, a joint committee of the General Assembly voted to oppose a proposal for the state's first black bear hunt since 1953. The ruling was announced at the state's first public hearing on the issue, held August 25th. Although the ruling was received joyously by many anti-hunting advocates, the committee's ruling may be fairly ineffective. Gov. Robert L. Ehrlich, Jr., who has final say in whether the proposed bear hunt will be authorized, supports the renewal of bear hunting. The state Department of Natural Resources announced the proposed hunt -- designed to kill 30 of the state's estimated 500 bears -- this spring. The hunt is scheduled for one week in October, and another week in December. They cited increasing run-ins with the animals, due to their increasing numbers since bear hunting was banned, as the reason for the hunt, which would only be authorized in particular state counties. The Humane Society and another group, the Fund for Animals, have offered the state $75,000 to stop the hunt. They want that money used to teach people how to avoid bears and to compensate farmers whose crops are damaged by the animals.

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Ford CEO Tries to Stop California Hybrid Bill (Sacramento Bee 8/24, 8/27)
http://www.sacbee.com/content/politics/ca/story/10491153p-11410496c.html
http://www.sacbee.com/content/politics/ca/story/10526058p-11445158c.html

Ford Motor Company Chairman Bill Ford, who pitches himself as one of America's leading corporate environmentalists, has launched a campaign in the waning days of the legislative session to kill a plan that would reward Californians who buy the most fuel-efficient hybrid vehicles. Governor Arnold Schwarzenegger has voiced his support of AB 2628, as has state Treasurer Phil Angelides. The bill, authored by Assemblywoman Fran Pavley, would set aside 75,000 permits to let owners of hybrids that average 45 miles per gallon (mpg) or more and meet near-zero-emission standards to drive solo in highway car-pool lanes. In a letter to Schwarzenegger, Ford stated that the legislation was tantamount to a "buy Japanese" bill, and that it could hurt Ford employees and stockholders. Ford is almost ready to release its new hybrid SUV, the Escape, which is expected to average about 35 mpg. AB 2628 was on Schwarzenegger's desk as of Friday, August 27th.
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Open Space Rule Will Go to Utah Voters in November (Salt Lake Tribune 8/24)
http://www.sltrib.com/utah/ci_2399138

After clearing a number of hurdles required to get on the ballot, Utah's $150 million open space initiative, approved by the Lieutenant Governor's Office on August 23rd, will be decided by voters in November. Several groups will be lobbying heavily to make sure they reject it. The Utah Taxpayer's Association and the Utah Farm Bureau Federation have announced their opposition to the proposal. The state has proposed instituting a one-twentieth of a cent sales tax increase to finance the bond, which would cost the average Utah family about $14 more per year, a cost that the state Taxpayer's Association says it too high. The Utah Farm Bureau wants such decisions to be made by the legislature instead of by voters. Advocates of the initiative say a statewide tax is an equitable and acceptable way to finance the project, which, in turn, will equitably and effectively serve all residents by preserving clean air and water.
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California Senate Committee Tanks Solar Energy Plan (Los Angeles Times, 8/27)
http://www.latimes.com/business/printedition/la-fi-solar27aug27,1,5248983.story?coll=la-headlines-pe-business
http://www.latimes.com/news/local/politics/cal/la-fi-solar27aug27,0,7056339.story?coll=la-news-politics-california

The California State Legislature pulled the plug on Governor Arnold Schwarzenegger's hopes of fulfilling a campaign promise to install solar power systems on 1 million homes. With lawmakers adjourning last week, the governor's negotiators failed to find the votes needed to pass a $1 billion program that Schwarzenegger said would cut pollution and boost power reserves. The bill, SB 199 by Senator Kevin Murray, received only two of the seven needed votes in the Assembly Utilities and Commerce Committee. Chairwoman Sarah Reyes said passage probably would have led to a rate increase for residential and industrial electricity customers, which are still recovering from the energy crisis of 2000-01. The governor's solar program would have required home builders to offer new-home buyers the option of installing photovoltaic solar generating systems, beginning in 2010. The extra cost to home buyers would have been about $6,400, after a $5,600 state rebate. Instead of backing the governor, the committee endorsed and sent to the full Assembly a more modest solar energy bill by Senator Debra Bowen. Her measure contained no potential rate hike. The Bowen proposal sets up a rebate program for homeowners installing solar systems but depends on limited funds from existing state programs. To learn more about state incentives for renewable power, visit: http://www.serconline.org/RenewableEnergyIncentives/index.html.
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MA Planning Department to Complete Analysis of Land Inventories (Smart Growth Online 8/19)
http://www.smartgrowth.org/news/article.asp?art=4233&state=21&res=1024

Maryland Governor Robert L. Ehrlich, Jr., signed an executive order directing the Maryland Department of Planning to work with local officials, homebuilders, and environmentalists to coordinate and direct future growth in accordance with a statewide development capacity analysis, also called buildable lot inventory. Chaired by Planning Secretary Audrey E. Scott, the task force will continue quarterly meetings to track the progress of the analysis program and help its implementation. By following the state development plan and coordinating all parties involved in development, Maryland can better channel growth into already-developed areas, minimize sprawl, and preserve open space. To see SERC's policy issues package on suburban sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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California Bill to Cut Gas Consumption Dies (Los Angeles Times 8/23)
http://www.latimes.com/news/science/environment/la-fi-gas23aug23,1,2849408.story?coll=la-news-environment

In a summer of sky-high pump prices in California, Assemblywoman Christine Kehoe thought she had an idea everyone would like -- cutting statewide gasoline consumption by 1% a year from now to 2020. "It's a common-sense measure that I think most Californians will support," she said. But her modest proposal has run into an oil industry buzz saw. Energy companies, claiming that Kehoe is trying to foist a "hidden tax increase" on motorists, went all-out to cripple her bill and, perhaps, threaten her political career. Kehoe's opponents -- the oil companies and a coalition that includes the California Chamber of Commerce, the California Farm Bureau Federation, and the California Grocers Association -- have been relentless. Over the last few days, Kehoe's offices have been bombarded with dozens of faxes from small businesses in her district. Using similar wording, the letters from truckers, caterers, concrete companies, and other small companies express shock and disappointment that Kehoe would write a bill that they allege would raise taxes and drive up gasoline and diesel prices. AB 1468 died in the state Senate -- the bill was defeated after opponents complained that it would raise taxes even though the proposal specifically ruled them out.
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Michigan: Public Transit Gains in Local Elections, Loses in Legislature (Great Lakes Bulletin 8/18)
http://mlui.org/transportation/fullarticle.asp?fileid=16738

In a sharp challenge to the state legislature's resistance to funding public transportation, citizens in 13 Michigan counties voted overwhelmingly for either continuing or increasing local property taxes to support their bus systems. Transit advocates are heralding the statewide groundswell, which occurred in local elections on August 3rd, and say they hope it will persuade the legislature to increase, instead of decrease or even eliminate, state support for local transit systems. "Public transportation is valued and people are willing to step to the plate and fund their fair share at the local level," said Clark Harder, executive director of the Michigan Public Transit Association, the state's oldest and largest association of transit systems. "It is critically important that the legislature step up and maintain the state's fair share as well." However, the legislature continues to move in the opposite direction. Lansing lawmakers are considering a series of bills that could dramatically reduce state transit funding and transform budgeting and policy making for bus systems from a relatively stable, consensus building approach into a politicized, unpredictable one. Among the transit bills attracting the strongest criticism from public transportation supporters are SB 1163, which would eliminate the possibility of any yearly guarantee or goal for state support of local transit systems. Another proposal, SB 1081, would prevent local transit systems from administering ride sharing programs, even if, as in Michigan's case, there are almost no private companies willing to provide the service under state contract. Two other bills would transfer the final decision-making powers for Michigan Department of Transportation's (MDOT) five-year spending plans, as well as for MDOT's bonding, from the State Transportation Commission to both chambers of the state legislature, which observers describe as a direct attack on the transportation department's policy and budgeting authority. These actions seemingly ignore the transit-related recommendations made by the bipartisan Michigan Land Use Leadership Council last August. Among other pro-transit recommendations, the council urged the legislature to fully and permanently fund local transit with the full amount that state law allows. Last October, Senator Burt Leland sponsored SB 768, which would turn that council recommendation into state law. But the bill has languished in the Senate Appropriations Committee without a hearing for 10 months.
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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]