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Conservation
Funding
Protected lands are an important way of preserving a state's biodiversity
and ecological integrity. Everyone benefits from the improved air,
soil, and water quality; expanded opportunities for outdoor recreation;
improved wildlife habitats; and, pristine waterways these areas
provide. Many state and local governments, nonprofit organizations,
and others are in the process of strategically identifying those
natural areas that would provide the most ecological benefit if
placed under some level of protection -- common conservation mechanisms
include outright acquisition, conservation easements, retained life
estates, and rights-of-first-refusal. While these groups have the
scientific expertise to make such decisions, they often lack the
financial resources to make formal protection of unique lands a
reality. The conservation programs outlined in this package from
Florida, New Jersey, Maryland, Massachusetts, and California are
all very successful. If you examine each of them, you will find
that they all contain innovative strategies. You will also find
that they all have dedicated funding sources to assure conservation
remains a priority for years to come. With the escalating pressures
of population growth, rising property values, and rampant development,
the issue of funding for land conservation is growing ever more
urgent. Dedication to funding demonstrates a state's commitment
to preserving its natural areas, while also acknowledging the key
role that local governments, private landowners, and nonprofit organizations
play in conservation. Unfortunately, the budget shortfalls many
states are currently facing may jeopardize current conservation
funding levels. For more information on conservation funding, visit:
http://www.serconline.org/conservationfunding/index.html. |
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California
Cruise Ship Pollution Bills on Governor's Desk (ENS 8/27)
http://www.ens-newswire.com/ens/aug2004/2004-08-27-09.asp#anchor4
Three cruise ship dumping and air pollution bills were approved
by California legislators last week and now await the signature
of Governor Arnold Schwarzennegger to become law. Supported by environmentalists,
the bills would stop cruise ship dumping of sewage and dirty water
and prohibit burning of garbage within three miles of the coast.
The bills would impose the strongest state protections from cruise
ship pollution in the United States. The bills include one authored
by Assemblyman George Nakano that would prohibit cruise ships from
discharging graywater from kitchens, laundries, and showers into
state waters. Currently, graywater is unregulated and can be discharged
anywhere, including into ports and harbors. The other two, authored
by Assemblyman Joe Simitian, would prohibit cruise ships from dumping
sewage -- either treated or untreated -- into state waters and would
prohibit cruise ships from burning garbage, paper, sludge, and any
other materials in on-board incinerators while operating within
three miles of the California coast. For more information on cruise
ship pollution, visit: http://www.serconline.org/cruiseShipPollution.html. |
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Oregon
DEQ Wants to End Use of Clean-Burning Fuel (Oregonian
9/3)
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/109421288374221.xml
The Oregon Department of Environmental Quality (DEQ) wants to
drop a requirement forcing the Portland area to use cleaner-burning
oxygenated gasoline in winter because the agency says it's no
longer necessary to reduce carbon monoxide pollution. The DEQ
was unsuccessful in a previous attempt to repeal the requirement.
Then and now, the idea has drawn strong opposition from conservationists
and city officials. "Your air can never be too clean,"
said Chris Hagerbaumer of the Oregon Environmental Council. Portland-area
gasoline dealers must sell oxygenated fuel -- typically gasoline
with a 10 percent ethanol mix -- from the first of November through
February. The requirement, in place since 1992, came in response
to amendments to the federal Clean Air Act and at a time in which
Portland had a history of exceeding federal standards for carbon
monoxide. Portland has seen a steady drop in carbon monoxide pollution
and has met federal standards during most of the 1990s. Stephanie
Hallock, Oregon DEQ director, said she's recommending the winter
oxygenated fuel requirement be repealed in Portland because there
is no longer any reason to keep it in place. Hallock received
a letter from Portland Mayor Vera Katz and the four city commissioners
urging the department to retain the regulation. The winter oxygenated
fuels program has "been very successful not only in reducing
CO (carbon monoxide) emissions from vehicles but also in reducing
emissions of harmful toxics as well as the greenhouse gas (carbon
dioxide)," they said. The petroleum industry has long lobbied
for the repeal. "There's no need to mandate" the use
of ethanol, said Steve O'Toole, executive director of the Oregon
Petroleum Marketers Association. Oregon's Environmental Quality
Commission and the federal Environmental Protection Agency must
approve the change, which would not take effect this winter. The
DEQ is accepting public comment on its proposal until October
25th, and the Environmental Quality Commission is scheduled to
make a decision during its December 9-10 meetings in Portland.
Instead of dropping the requirement for cleaner-burning fuels,
Oregon should be looking for more ways to improve its air quality. |
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California
Agencies Urged to Buy Lumber from Home (Sacramento
Bee 9/3)
http://www.sacbee.com/content/politics/ca/story/10610724p-11529437c.html
California's legacy of protecting forests at home while consuming
wood products from afar is exporting the environmental pain
of logging to other states and nations, according to a bill
awaiting the governor's signature. Assemblyman Dario Frommer
is behind the proposed law that encourages state agencies
to purchase more wood grown in California -- and less from
places where forests are felled in ways not tolerated in this
state. "Our forest industry is operating under some of
the toughest environmental guidelines in the world,"
Frommer said. Yet California "imports 70 percent of our
lumber from places that do not follow those strict guidelines."
Frommer's bill, AB 2994, cleared the Assembly and Senate with
strong bipartisan support. "California ought to be putting
California wood products first," said David Bischel,
president of the California Forestry Association. "This
is an opportunity for the state to take a lead position, to
say: 'We produce timber in an environmentally sustainable
manner and we want to support our industry.'" If signed
by the governor, Frommer's bill would direct state agencies
to give preference to buying California-grown lumber only
when it is competitive in price and quality. It does not apply
to paper or manufactured wood products, such as plywood. For
more on how states are promoting environmentally responsible
lumber, visit: http://www.serconline.org/goodwood.html. |
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Virginia
Weighs Caps on Bay Pollutants (Washington Post 9/2)
http://www.washingtonpost.com/wp-dyn/articles/A54743-2004Sep1.html
In an effort to mitigate excessive algae growth in the Chesapeake
Bay, the Virginia State Water Control Board has endorsed $1.1
billion in proposals to cut the emissions of nitrogen and
phosphorus from sewage treatment plants. The Virginia plan
was developed in response to regional efforts to clean up
the bay. The issue has also been addressed nationally in a
recent proposal by the U.S. Environmental Protection Agency.
The Virginia Secretary of Natural Resources noted that the
proposed regulations are "as important as any water quality
initiative I have seen in the past 20 years of public service."
While sewage treatment facilities are only one source of the
problem (agricultural run-off being another), restricting
releases from these facilities would be a major step toward
cleaning up the bay. The proposals require existing facilities
to reduce nitrogen levels to 8 milligrams per liter and new
or expanded plants to drop levels to 3 milligrams per liter,
in addition to annual limits for major plants. Most plants
will have to invest in new equipment, capacity, and biological
processes to comply with the regulations. The water control
board will accept public comment over the next year before
the proposals are up for adoption. Related state legislation
will likely be pursued to help pay for the proposals, which
may include a "flush tax" on sewage users like that
enacted in Maryland. The ability of sewage treatment plants
to stay within the required annual limits, while accommodating
the expected increase in population, is one debate that will
have to be resolved before the regulations can be finalized. |
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Pennsylvania
Targets Auto Switches as Mercury Pollution Source (Post
Gazette 9/1)
http://www.post-gazette.com/pg/04245/371461.stm
Most environmentally hazardous materials, including gasoline,
Freon, and transmission fluid, are removed from cars on
their way to be recycled, but the removal of one-gram pellets
of mercury in electrical switches has been almost entirely
overlooked. A 2001 study by the University of Tennessee
estimated that, of the 200 tons of mercury in cars on the
road, only about 10 tons are recycled each year. By allowing
this mercury to reach the steel recycling furnaces, it has
made that industry second only to coal-fired power plants
in their emissions of mercury to the environment. Everyone
agrees that removal of the mercury would be most cost-effective
before melting the steel, as opposed to implementing emissions
controls, but there is little market incentive for dismantlers
to remove the switches. That's why, last month, despite
opposition from the automakers industry, Pennsylvania approved
a voluntary program to provide a $1 rebate for each mercury
switch dismantlers remove. The Department of Environmental
Protection (DEP) program will be funded with $250,000 in
discretionary funds on a two-year basis. A similar program
approved in Maine required automakers to foot the bill.
Mercury recyclers, who will keep tabs on how many switches
are removed, steel and recycling industries, and the Clean
Air Council are all in favor of the program and plan to
support it through member education efforts. The mercury
removed from the cars will be shipped in bins to mercury
recyclers who will either recycle it or safely dispose of
it. Many feel the problem would be much less significant
if domestic car makers had followed the lead of foreign
producers by removing all mercury switches in the 1990s.
As of 2002, domestic producers have dropped mercury switches
in antilock breaks and hood lights as models were phased
out, but continue to use them for various types of convenience
lighting. Automakers argue that many household products
still contain small amounts of mercury, not just cars. Pennsylvania's
voluntary program will have to continue to garner support,
in lieu of state legislation mandating removal, for upwards
of 15 years before cars with the switches will reach the
recycling bin. For more on how your state can stop mercury
pollution, visit: http://www.serconline.org/mercury/pkg_frameset.html. |
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Hybrid
Vehicles and HOV Lanes, California Legislation Passes (NCEL
9/3)
http://ncel.net/index.cgim
Legislation to allow drivers of hybrid vehicles to use high
occupancy vehicle (HOV) lanes, regardless of the number of
passengers, was passed by the California legislature last
week. The bill requires the state to issue distinctive decals,
up to 75,000, to owners of hybrid fuel vehicles that average
45 miles per gallon (mpg) or better. The decals will allow
hybrid vehicle owners access to the state's 1,200 miles of
HOV lanes, even if there is only one occupant in the car.
Governor Schwarzenegger is expected to sign the legislation.
Once the governor signs the bill into law, the state must
get approval from the federal government since federal funds
were used to construct the nation's HOV lanes. Language that
would allow any state to allow hybrid vehicles to use HOV
lanes is contained in the stalled federal transportation bill
(HR 3550, Sec.1606(a)3(B)). In 2002, Arizona amended its law
to allow single-occupant hybrid vehicles to use HOV lanes
if the federal government approves. In 2003, Colorado State
Senator Ron Tupa introduced similar legislation which was
enacted. During the 2003-04 session, bills were also introduced
in Georgia, Florida, Hawaii, Maryland, Massachusetts, Minnesota,
and Washington. In Virginia, hybrid vehicle drivers are already
using a state program that lets them and other alternative
fuel vehicle drivers use HOV lanes regardless of the number
of passengers. |
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Wyoming
Split-Estate Bill Written (Billings Gazette 8/31)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/08/31/build/wyoming/25-estate-bill.inc
The contention between energy developers and landowners in
Wyoming characterizes the debate over the newly-drafted Wyoming
Surface Owner Coordination Act. This draft legislation regarding
split estates, where the surface and mineral rights are separately
owned, was intended to reach a compromise between the two
parties but it has not yet succeeded. In addition to feeling
that the drafting of the plan was not inclusive of non-industry
interests, landowners feel that their long-sought relief from
surface damages from energy development will not be achieved
with this bill. Their concern arises from two major provisions
in the legislation. First, the bill requires that at least
one party must request a jury trial. Drafters of the bill
argue that this provision will keep trial costs down, but
landowners argue that it will deny rights to those who are
not adequately versed in the law. The second major source
of contention is the requirement of a $3,000 bond to be posted
by energy developers to cover any surface damages. Those responsible
for drafting the bill argue that this will give landowners
more security. Landowners contend that the damages are more
likely to fall within the range of $5,000 to $500,000 and
argue that low bonds reduce the incentive for companies to
reclaim surface property. In addition to these two major points
of contention, landowners are also concerned about the draft's
plan to have surface estates appraised by real estate appraisers
not experienced in the calculation of such damages, and the
lack of incentives to avoid drilling in mediocre oil and gas
fields that will not yield enough to offset surface damages. |
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Wisconsin
Plans for "Smart Growth" (La Crosse Tribune
8/17)
http://www.lacrossetribune.com/articles/2004/08/17/news/03smart.txt
http://www.smartgrowth.org/news/article.asp?art=4253&state=50&res=1024
Under Wisconsin's "Smart Growth" law, the state's
counties and communities are required to prepare comprehensive
land use plans by January 1, 2010. The legislation, enacted
as part of the 1999-2001 state budget law, aims to encourage
sound land use practices as well as prompting municipalities
to make decisions about what farm and bluff land to preserve.
Failure to create a comprehensive plan by the deadline could
result in a loss of state aid. The prosperous 1990s ushered
in a growth boom in Wisconsin, and current development is
being driven by estate planning and farmers taking the opportunity
to sell off a few lots to meet their economic needs. Communities
are using their "Smart Growth" plans to decide what
their area will look like in 20 to 50 years, and developing
ordinances and rules that are enforceable and consistent.
Having a plan will enable municipalities to make land use
decisions, but encouraging smart growth may require incentives
from the state and federal governments. Suggestions include:
offering anti-sprawl incentives, such as tax benefits, for
housing served by city water and sewer systems and imposing
tax surcharges on lots and homes in outside areas; promoting
denser development; and, making urban areas more attractive
so commuting is less desirable. For more information about
land use planning, read SERC's policy packages on Suburban
Sprawl at: http://www.serconline.org/sprawl/pkg_frameset.html
and Community Revitalization at: http://www.serconline.org/community/pkg_frameset.html. |
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Maryland
Rules Aim to Keep MTBE Out of Well Water (ENS 8/27)
http://www.ens-newswire.com/ens/aug2004/2004-08-27-09.asp#anchor4
The Maryland Department of the Environment (MDE) has drafted
new rules to prevent MTBE and other petroleum products from
reaching groundwater supplies in certain parts of the state.
The rules require installation of double-walled pipes on all
regulated motor fuel underground storage systems and require
built-in sensors to warn of leaks. Maryland's emergency regulations
will require increased groundwater sampling, mandate regular
testing of tanks and fittings, and define steps that gas station
owners and others must take when underground storage systems
are suspected of contaminating groundwater. The regulations
will apply in areas where wells are the primary source of
household drinking water and local geology makes it impractical
for homeowners to find a new water source. The MDE will identify
the areas and notify affected-tank farm operators. The regulatory
review committee of the General Assembly must review and approve
the proposed emergency regulations before they can become
effective. They could take effect as soon as October. Service
stations and other underground storage facilities in areas
covered by the regulations will have 30 days after the effective
date of the regulations to begin quarterly sampling of water
in on-site domestic wells and tank field observation pipes.
They will also be required to conduct annual tightness tests
for fittings in catchment basins and containment sumps. The
MDE says the chemical, an oxygenate added to make gas burn
more cleanly, improves Maryland's air quality and keeps gas
prices affordable. But the chemical is water soluble and gives
drinking water an unpleasant taste and smell at low levels
and, at higher levels, may have adverse health effects although
it has not been classed as carcinogenic. |
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Alaska
to Expand Wolf Control This Winter (Anchorage Daily
News 8/29)
http://www.adn.com/alaska_ap/story/5484251p-5422341c.html
Alaska will be expanding its wolf control program this winter,
continuing to target wolves in the Nelchina Basin and McGrath
as they did last year, and expanding aerial hunting into the
central Kuskokwim River region and west of Cook Inlet near
Anchorage. Hunters and state wildlife biologists claim the
declining moose populations in these areas are to predation
by wolves. Alaska is aiming to kill over 500 wolves in the
four targeted areas this winter. Last year was the first time
since 1994 that Alaska used a lethal wolf control program;
144 wolves were killed. Last year's wolf control program sparked
protests from many local and national groups, including Defenders
of Wildlife, which placed advertisements in newspapers in
Alaska and the Lower 48 lambasting Alaska's wolf control efforts.
Gov. Frank Murkowski reversed former Tony Knowles position.
Knowles had halted the wolf control program during his tenure.
In contrast, Gov. Murkowski supports wolf control, and overhauled
the Alaska Board of Game shortly after he was elected two
years ago. Almost immediately, the new board approved wolf
control in two areas by allowing private pilots to hunt wolves.
For more information on wolf protection, visit: http://www.serconline.org/wolfpreservation/index.html
and, for information on anti-wolf legislation, visit: http://www.serconline.org/antiWolfLeg.html. |
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California
to Create Marine Reserves Along Coast (San Diego
Union Tribune 8/28)
http://www.signonsandiego.com/news/state/20040828-0024-marinereserves.html
California wildlife officials are developing a new program
to create marine reserves along California's 1,100 mile coastline.
The program was jeopardized by state budget woes; however,
private donors have contributed the necessary funding. California
has a number of protected marine areas, but their boundaries
and restrictions are conflicting. The marine reserve program
is a new imitative that is intended to develop a more systematic
statewide approach to protecting coastal habitat. The program
will establish restricted fishing zones to protect the entire
marine ecosystem and restore fish species that have been depleted
by overfishing, pollution, and other human activities. California's
program is expected to serve as a model for ocean habitat
protection. Previous approaches to marine conservation have
protected only individual fish species within the ecosystem,
but not the ecosystem itself. The marine reserves would only
apply to state waters which extend 3 miles off the California
coast; some experts estimate fishing restrictions would apply
to 10 to 20 percent of California's coast. A statewide marine
reserves plan is expected by 2011. |
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