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Cleaning
Up Brownfields
Experts estimate that this nation has more than 450,000 brownfields
-- vacant or underused industrial sites with environmental contamination
caused by chemical compounds and other hazardous substances. When
brownfields sit idle, everybody loses. Neighbors face environmental
worries and reduced property values. Cities see roads, sewers, and
other infrastructure underused. New businesses seek out "greenfields"
or undeveloped land, encouraging sprawl. Brownfield owners must
deal with a long list of worries from potential lawsuits to deriving
too little income from their property. When owners or developers
clean up brownfields and put them to new uses, many people benefit.
Clean-ups address environmental problems and bring new jobs and
higher tax revenues. Revitalized brownfields can breathe new life
into neighborhoods by eliminating eyesores and attracting new development
and investments, while curbing suburban sprawl. According to the
Northeast-Midwest Institute's latest "State of the States"
survey, 47 states (all but North Dakota, South Dakota, and Wyoming)
have some sort of brownfield program in place. These state programs
vary in terms of comprehensiveness, incentives, level of state liability
relief granted, cleanup requirements, and overall effectiveness.
They regulate differently and emphasize different types of reuse,
whether industrial, commercial, housing, or open space. Some states
are well positioned to take advantage of federal legislative initiatives,
while others are not. For more information on cleaning up brownfields
in your state, visit: http://www.serconline.org/brownfields/index.html. |
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Supreme
Court Backs EPA on Anti-Pollution Rules (Washington Post
1/22)
http://www.washingtonpost.com/wp-dyn/articles/A36729-2004Jan21.html
The Supreme Court ruled last week that federal air-quality regulators
may overrule their state counterparts when the Environmental Protection
Agency (EPA) can show that state regulators have unreasonably given
industry the right to expand emissions in pollution-free areas.
By a vote of 5-4, the Justices said that the Clean Air Act empowered
the EPA to block the expansion of a huge zinc mine in northwestern
Alaska because Alaska's Department of Environmental Conservation
(ADEC), citing cost concerns, had allowed the mine to install pollution-control
technology that reduced emissions by less than an alternative device
would have. The case began in 1996, when the Red Dog zinc mine,
the largest such mine in the world and a major source of jobs and
income for Native Alaskans, sought more electric power generating
capacity so that it could expand zinc production by 40 percent.
In 1999, ADEC approved Red Dog's expansion using a pollution control
technology that would reduce its power plant's nitrogen oxide emissions
by 30 percent. But the EPA vetoed that decision, ruling that the
state had done only a skimpy analysis to support its claim that
an alternative technology that reduces emissions by 90 percent was
too expensive. The ruling significantly reinforced federal supremacy
in pollution control matters, even over the objection of state regulators. |
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ALEC's
Private Property Protection Act
The American Legislative Exchange Council's (ALEC) "model"
Private Property Protection Act could ultimately lead to the effective
dismantling of such broadly popular and effective environmental
protection laws as the 1972 Clean Water Act, the 1973 Endangered
Species Act, and the 1990 Clean Air Act. The bill dramatically widens
the definition of a "taking," requiring compensation for
a whole host of actions that are not currently covered. ALEC opposes
"any governmental attempt at whatever level, and by whatever
means, to confiscate, reduce the value of, or restrict the uses
of private property unless to abate a public nuisance affecting
the public health and safety." ALEC-influenced bills were introduced
in Kentucky and Maine in 2003. If passed, these bills would undermine
the ability of government to adopt any new rules and regulations
to address threats to public health and the environment. If government
had to pay for every economic burden it imposed, its ability to
protect public health and the environment would grind to a halt.
It could cost each state billions of dollars to compensate property
owners for every negative financial impact of regulations. One of
the benefactors of this bill would be Confined Animal Feeding Operations,
commonly referred to as CAFOs. Local governments may be unable to
prevent a large, smelly, and environmentally destructive factory
farm from getting started without reimbursing the owner for "taking"
away potential earnings. The value government "gives"
to the land through wise planning is not always factored into the
equation. The Private Property Protection Act is one more attempt
by ALEC to support business at the cost of public health and environmental
safety. For more information on takings legislation, visit: http://www.serconline.org/Takings/index.html. |
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California
Bill Would Redirect SUV Tax Break to Clean Cars (NRDC
1/23)
Congress this year authorized a tax deduction of up to $100,000
for business vehicles weighing 6,000 pounds or more -- including
enormous luxury SUVs such as the Hummer. The tax break has
become a potent financial incentive for Americans to buy gas-gulping
vehicles that increase air pollution and expand our reliance
on oil imports. States often follow federal tax law when handing
out deductions, so businesses could receive an extra bonus
from their state as well. However, Assemblymember Nation would
like to prevent that from happening in California. His bill,
AB 848, would close the state tax loophole that supports purchase
of the largest, least fuel-efficient sport utility vehicles.
The bill would partially offset the loophole provided in federal
tax law by eliminating this deduction on state taxes. California
purchasers of SUVs would still enjoy the increased federal
tax benefit. AB 848 also uses the revenue saved by eliminating
the deduction on state taxes to provide modest purchase incentives
for qualifying fuel-efficient vehicles, in the form of a $1,000
tax credit. For more on how your state can save money and
help the environment at the same time, visit: http://www.serconline.org/fiscal_issues.html. |
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Illinois
Bill to Upgrade New Building Energy Efficiency Standards
(ELPC 1/04 newsletter)
http://www.elpc.org/elpcnews/january04-enews.htm
State Rep. Julie Hamos recently introduced HB 1468, legislation
designed to establish a uniform statewide energy efficiency
building code for all new commercial and non-residential building
construction in Illinois. The new code would enable builders
to make buildings more efficient and cost less to maintain,
using a variety of green building techniques, including improved
insulation, ventilation systems, and energy efficient lighting.
Implementation of the code would require new buildings to
greatly reduce pollution. Illinois is one of only 14 states
with no statewide, mandatory, or voluntary energy efficiency
standards for new construction. The bill has bipartisan support
in the Illinois House of Representatives. For more information
on how your state can act to update and enforce energy efficiency
standards, visit: http://www.serconline.org/efficiencystandards/pkg_frameset.html. |
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Hawaiian
Legislator to Propose Further Cruise Line Regulations
(Honolulu Advisor 1/20)
http://the.honoluluadvertiser.com/article/2004/Jan/20/bz/bz03a.html
Rep. Brian Schatz, chairman of the House committee on economic
development, plans to propose legislation that would amend
Hawaii's Clean Water Act and ban discharges of sewage, wash-water
drainage, oily bilge water, solid waste, hazardous waste,
and medical waste into state waters. Cruise ships would be
required to install devices that would allow the Dept. of
Health to more cost-effectively monitor discharges. Furthermore,
cruise companies would be required to register ships, immediately
report violations, and allow officials to board vessels for
inspections. Cruise companies have had a voluntary agreement
with the state to limit air and water emissions; however,
several cruise companies admit to violating the agreement
by taking actions such as dumping treated sewage in Penguin
Bank, a protected fishing ground off the south coast of Moloka'i
which is frequented by humpback whales. |
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Michigan:
Granholm Offers Comprehensive Water Plan (Ann Arbor
News 1/21)
http://www.mlive.com/news/statewide/index.ssf?/base/news-3/107464202797910.xml
Seeking to correct what she called an embarrassing lack of
water protection policies in the Great Lakes State, Gov. Jennifer
Granholm offered a plan to deal with everything from multimillion-gallon
water wells to tiny creatures hiding in the ballast of ships.
Granholm's Water Legacy Act would, for the first time, let
state government regulate large amounts of water taken from
lakes, streams, or underground wells. A permit would be required
of any new project that proposed to use more than 2 million
gallons a day, or more than 100 million gallons a year. The
Michigan Water Legacy Act also calls for regulating discharge
of ships' ballast water to curb the introduction of invasive
species; enacting statewide standards for sewer systems; banning
dumping of contaminated dredge sediments in open water; and,
protecting small wetlands. For more information on how your
state can water protection policies, visit: http://www.serconline.org/land&water.html. |
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Maryland:
General Assembly Overrides Energy Efficiency Veto
(Greenwire 1/21)
http://www.eenews.net/Greenwire/Backissues/012104/012104gw.htm#1
The Maryland House of Delegates, yesterday, established some
of the toughest efficiency standards for appliances in the
nation, potentially paving the way for other states to pass
similar energy efficiency laws in the absence of federal standards.
The Democrat-controlled chamber voted 92-47 to resurrect the
Energy Efficiency Standards Act, which passed both bodies
of the state's General Assembly last year but was vetoed in
May by Gov. Bob Ehrlich. The measure required an override
of Ehrlich's veto, a first for the Maryland General Assembly
in 15 years. The Senate passed the measure last week on a
32-15 vote. The bill will strengthen efficiency standards
for ceiling fans, commercial washers, commercial refrigerators
and freezers, exit signs, large commercial air conditioners,
low-voltage dry-type transformers, torchiere lighting fixtures,
traffic lights, and large unit heaters commonly used in warehouses.
"Nationwide, this is probably the most comprehensive
energy efficiency bill," said state Sen. Paul Pinsky,
who introduced the legislation. Andrew Delaski of the Appliance
Standards Awareness Project said similar efficiency standards
have been introduced in about a dozen states, mainly in the
Northeast. Delaski said states are not acting on efficiency
to force federal action, but rather to address their energy
problems. "States can't wait forever for the federal
government to solve their energy problems," Delaski said.
For more information on how your state can enact energy efficiency
standards for appliances, visit: http://www.serconline.org/efficiencystandards/pkg_frameset.html. |
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Open
Range Natural Gas Drilling in Rockies under Debate
(Stateline.org 1/20)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=344876
For years, many western ranchers have made good money allowing
private companies to drill natural gas wells on their property.
But a growing natural gas boom in the Rockies is changing
traditional views and alliances on the open range and raising
new concerns over air, water, and habitat pollution. The result
is a 21st-century rangeland clash between those who want to
protect natural resources on the surface of federal and private
lands and those who want to tap the wealth beneath. Demand
for natural gas is prompting those companies to seek permission
to drill in open range areas of the Rockies stretching from
New Mexico to Montana, where 300 cubic feet of recoverable
natural gas is said to lie. Drilling and exploration companies
have been swamping federal Bureau of Land Management officials
with requests for drilling permits. Area residents and legislators
are wary of air, water, and noise pollution concerns, but
tempted by the revenue and high-paying jobs that drilling
promises. Environmentalist groups are voicing concerns that
some habitat areas could be ruined forever and decades-old
hunting and fishing traditions thwarted if drilling is permitted.
"Hunting and fishing is a very valuable, sustainable
economic base for people in these areas, and it reflects a
sensitive use of the natural environment," Bill Beagle,
a spokesman for the Wilderness Society's new BLM Action Center
in Denver, said. "But do hunters and anglers want to
walk around drill pads and drilling rigs to fish and hunt?
I don't think so." |
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Landowners
in Maine May Get Tax Break for Saving Habitat (Bangor
Daily News 1/22)
http://www.bangornews.com/editorialnews/articles/415610_012204habitatastaxbreak_medgecomb.cfm
The Department of Inland Fisheries and Wildlife (DIF and W)
and Maine Audubon have jointly proposed an amendment to a
bill held over from last year's legislative session, HD 827,
that would reward landowners with a 25% devaluation in their
property (and consequently, their property taxes) for protecting
habitat. To qualify for the new tax break, a piece of land
would have to be identified as habitat by state biologists,
or in a town's comprehensive plan or zoning rules, but there
would be no minimum acreage requirement. Landowners would
be required to sign a contract with either the DIF and W or
the Department of Conservation, and update it every ten years.
The agreement with the state might be as simple as not driving
on the land during sensitive times of year, or not developing
the land. The proposed benefit could be combined with other
land valuation reductions, such as land under conservation
easements, so long as the total land devaluation doesn't breach
the cap of 95%. For more information on how to fund land conservation
in your state, visit: http://www.serconline.org/conservationfunding/index.html. |
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Mining
Groups in Montana Seek to Reverse 1998 Cyanide Mining Ban
(Missoulian 1/16)
http://www.missoulian.com/articles/2004/01/16/news/mtregional/znews06.txt
The Montana Mining Association and other industry groups are
conducting polls and focus groups to determine public attitudes
toward mining and the 1998 bill which banned the use of cyanide
in new mines statewide. The citizen's initiative, Montana
I-137, passed by a margin of 52-48% in 1998 and has since
withstood numerous legal challenges. In December 2002, a state
district judge ruled that I-137 did not violate the constitutional
rights of Canyon Resources, a mining company seeking to use
cyanide in its gold mines, and that the company should not
be compensated for the loss of its project. Canyon Resources
has been appealing the decision to the Montana Supreme Court
ever since. The mining industry announced plans last winter
to gather signatures to place a repeal of the ban on the 2004
ballot, but anti-mining groups are confident that the industry
will be unable to convince voters that the use of cyanide
in mining is any safer than when the ban passed. Jim Jensen,
executive director of the Montana Environmental Information
Center and author of the original 1998 ban, said that the
common argument that mining bans create job loss is not applicable
in Montana, where mining jobs have actually increased since
I-137 passed. Jensen said the ban has likely saved Montana
taxpayers millions of dollars because they have not had to
pay for cleanup costs of abandoned cyanide heap leech mine
sites. For more information on the dangers of cyanide and
how your state can act to ban cyanide heap leech mining, visit:
http://www.serconline.org/mining/index.html. |
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Wisconsin:
Job Creation Act Signed Into Law (Green Bay Press-Gazette
1/23)
http://www.greenbaypressgazette.com/news/archive/local_14297111.shtml
Wisconsin AB 655, the "Job Creation Act," which
contains measures intended to create jobs by streamlining
water and air permitting processes was signed into law by
Gov. Jim Doyle. The bill, an agreement between the Legislature
and Doyle that passed earlier this week, is touted as a measure
that will keep jobs in the state and keep Wisconsin competitive
with other states. The bill is designed to speed up the permitting
process for projects affecting air and water quality. Gov.
Doyle and other supporters believe that air and water permitting
processes in Wisconsin are too cumbersome and drive business
out of Wisconsin. Dissenters, such as Attorney General Peg
Lautenschlager, argue that the "Job Creation Act"
weakens standards for air and water quality in the state.
Several projects are exempted from the permitting process
under the new rules, including projects involving waterways,
such as the placement of seasonal structures like boat hoists,
placement of fish habitat structures and bird nesting platforms,
certain culvert replacement, and dredging done by hand. Many
environmental groups have raised serious concerns over the
bill's project exemptions and currently the Sierra Club is
contemplating legal action to get an injunction to set up
guidelines for property owners under the new bill. |
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Nebraska
"Right to Hunt" Amendment Faces Filibuster
(Omaha World Herald 1/14)
http://www.omaha.com/index.php?u_pg=528&u_xid=947&u_sid=973684
Sen. Ed Schrock is sponsoring a proposed constitutional amendment
to protect the right to hunt, fish, and trap in Nebraska --
"rights that are considered by most to be part of our
cultural heritage, part of our way of life," he said.
But Sen. Ernie Chambers, who led a filibuster against the
proposed amendment, says the constitution should be saved
for the most important issues. "A constitution should
never be degraded and reduced to the point of boilerplate
that special interest groups want added," especially
when there is no real threat to hunting, fishing or trapping
in Nebraska, Chambers said. Even Sen. Schrock agreed that
hunting and fishing are unlikely to be outlawed any time soon.
Schrock said he will likely ask to delay consideration of
the measure for several weeks rather than spend another day
in endless debate. If passed by the Legislature, the measure
would go on the November ballot for voters' approval. For
more on "right to hunt and fish" amendments, visit:
http://www.serconline.org/huntandfish.html. |
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