Home > Wildlines Archives > Wildlines, Volume III, Number 6
Volume III, Number 6
February 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:
 
 
 
 
 
 
 
 
 
 
Regulating PBDEs
States Ahead of EPA in Cutting Mercury Pollution
How ALEC's Property Investment Protection Act Works for Business
 
New York Issues Ban on Live Carp
South Dakota May Expand Aerial Hunting
Pennsylvania Budget Emphasizes Green
Wyoming May Sue Federal Government over Wolf Plan
Colorado Bill Would Push Power Plants to Rely More on Renewables
Bill Would Ban Lead Sinkers in Vermont
State Governments May Preempt Federal Action on Diesel Emission Reductions
Nebraska State Forest Service under Debate in Legislature
Alternative Energy Ballot Drive Slated in Colorado
New Strategy to Curb Sprawl in New Jersey
Regulating PBDEs

Polybrominated diphenyl ethers (PBDEs) are a group of chemicals that are widely used as fire retardants. They are found in electronics, electrical cables, carpets, furniture, and textiles. PBDEs tend to accumulate in fats and are resistant to physical, chemical, and biological degredation, which causes them to be highly persistant in the environment and to accumulate in the bodies of organisms that are exposed to them. PBDEs are now found around the world in dust, air, water, and sediments. They have also been found in the tissues of mammals, birds, and fish, and in tissue, blood, and breast milk of women worldwide. The concentrations currently found in tissues of American women are the highest ever reported. There are a number of potential negative health effects of PBDEs, including thyroid hormone disruption, permanent neural damage, behavioral changes, birth defects, and possibly cancer. California passed a statewide ban on the use of Penta and Octa PBDEs, effective in 2008, and several other states have introduced bills that would regulate PBDEs. They are not currently regulated by the U.S. government, but the U.S Environmental Protection Agency has been working with U.S.-based PBDE manufacturers on a voluntary phase out plan. PBDEs are a potentially very serious health risk because of their ubiquity and their tendency to accumulate in the human body. Because safer, commercially viable alternatives are available, it only makes sense to stop using PBDEs. For more information about PBDEs, visit: http://www.serconline.org/PBDEs.html.
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States Ahead of EPA in Cutting Mercury Pollution (Stateline.org, NCEL 2/4)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=348228

State legislators in the Midwest and Great Lakes region announced a new regional effort to reduce mercury pollution. This is the first joint effort to curb mercury pollution and the latest salvo by states acting in the absence of federal standards on mercury. A bipartisan group of lawmakers from Illinois, Iowa, Michigan, Minnesota, Ohio, and Wisconsin said that states must arm themselves against mercury pollution because the federal government has failed to take effective action against the toxic element. The lawmakers, all members of the National Caucus of Environmental Legislators (NCEL), are proposing regulations that range from controlling emissions from coal-fired power plants to banning mercury-containing products such as thermometers and dental fillings. "Acting regionally, we can send a collective message to Washington that state policymakers are concerned about protecting the environment and the health of our constituents," said Jane Krentz, Midwestern director of NCEL and a former Minnesota state senator. Seven other states -- Colorado, Hawaii, Maryland, New York, North Carolina, Virginia, and Washington -- also are considering proposals this year to impose strict mercury cutbacks by limiting toxic emissions from coal-burning power plants. Mercury is the most pervasive pollutant in the Great Lakes and all the state public health departments in the region have issued fish consumption advisories. Mercury from coal-fired power plants accounts for nearly one-third of mercury released. After being released into the air, it settles into lakes, rivers, and oceans and contaminates fish that humans then eat. For more information on reducing mercury poisoning in your state, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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How ALEC's Property Investment Protection Act Works for Business

With a "model" bill aimed at property rights, the American Legislative Exchange Council (ALEC) is attacking urban planning efforts that prevent suburban sprawl. The Property Investment Protection Act requires municipalities to reimburse property owners if a change in zoning laws causes a reduction in property values. This act is designed to undermine smart growth policies. ALEC argues that smart growth policies "limit freedom of choice and raise the cost of living at the local level." We know that big box stores and expansive parking lots don't increase citizens' choices, but rather those of corporations. Sprawl creates traffic congestion, lack of open space, over-concentration of commercial properties, farmland loss, and lack of adequate infrastructure. These consequences are much more expensive to fix than establishing local and regional planning programs that strengthen cities. The Act also fails to acknowledge that suburban sprawl actually reduces private property values, which contradicts their entire claim. Relatively few people profit from sprawling development, while many may see taxes rise and property values fall. ALEC's bill should really be called the "Corporate Investment Protection Act." For more information on suburban sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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New York Issues Ban on Live Carp (Times-Union 2/6)
http://www.timesunion.com/AspStories/story.asp?storyID=216281&category=STATE&newsdate=2/6/2004

New York has issued emergency regulations prohibiting most imports of live Asian carp, becoming the last of the Great Lakes states to bar the fish that scientists and sportsmen fear will wreck the lakes' food chain. The ban also applies to live silver and black carp, and the eggs of all three species. There is an exception to the rule in New York, however. The state will allow bighead carp to be transported live into New York City and parts of nearby Westchester County for sale in fish markets. Under the new rules, bighead carp have to be killed by retailers before they can be sold. Scientists have been watching with rising alarm as Asian carp have gotten closer to the Great Lakes via the upper Mississippi River. The carp probably got into the river in the early 1990s when floods allowed them to escape from fishery operations near the lower Mississippi. Other species, including lamprey eels and zebra mussels, have already taken a heavy toll on the Great Lakes. For more information on how invasive species can impact your state, visit: http://www.serconline.org/invasives/pkg_frameset.html.
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South Dakota May Expand Aerial Hunting (Aberdeen News 1/28)
http://www.aberdeennews.com/mld/aberdeennews/news/7664926.htm

People who use airplanes to hunt foxes and coyotes on private land could also hunt over some public lands under a proposal that will be considered March 4 by the state Game, Fish, and Parks Commission. Current regulations forbid aerial hunting over public land and water. "This change in the aerial hunting restrictions was initially requested by ranchers and landowners who were concerned about the inability to aerially hunt depredating coyotes and fox over public lands," said Wildlife Damage Management Program Administrator Art Smith. "There are many areas in western South Dakota where public lands are leased for grazing, and those leased lands are intermingled with private lands. Often it is impossible, either from the ground or air, to determine the boundaries between public and private lands." The Federal Airborne Hunting Act prevents anyone from hunting for sport or recreation out of an airplane, but retains the ability for producers to protect their livestock by aerial predator hunting. A bill introduced in the House, HB 1300, would similarly expand the area in which aerial hunting is allowed, permitting hunters to venture up to four miles on adjoining lands.
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Pennsylvania Budget Emphasizes Green (Pittsburgh Post-Gazette 2/4)
http://www.post-gazette.com/pg/04035/269173.stm

The state budget proposal released by Gov. Rendell last week puts an emphasis on alternative energy and environmental initiatives, while imposing new fees on polluting industries. The proposed expenditures will cost $1.4 billion over the next four years, but Rendell says it is an "investment in Pennsylvania's quality of life." He proposes paying for the initiative with a new $800 million dollar fund, the Growing Greener Fund, which increases the cost of waste disposal and extends a fee toward residual waste such as coal ash. Large industries and utilities would be required to pay an additional $0.15 on every pound of toxic chemicals released. The major initiative includes preserving farmland and open space, upgrading state and local parks, rebuilding historic communities, and supporting local recycling efforts with programs to revive older industrial "brownfield" communities and clean thousands of miles of streams polluted by mine drainage. Utility officials counter that the emissions fee will affect the competitiveness of coal-fired utilities, and that it could shift power generation and jobs to other states that choose not to impose such a fee. Although she expects some state legislators to be critical of the emissions fee, State Department of Environmental Protection Secretary Kathleen McGinty said any negative effects would be mitigated by capping a company's annual liability at $2 million. For more information on how your state can have a greener budget, visit: http://www.serconline.org/fiscalreform/pkg_frameset.html.
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Wyoming May Sue Federal Government over Wolf Plan (Casper Star-Tribune 2/3)
http://www.casperstartribune.net/articles/2004/02/03/news/wyoming/7b52daa5ce5821d987256e30001d1953.txt

State attorneys are preparing to go to court to appeal the U.S. Department of Interior's recent rejection of Wyoming's wolf management plan, Gov. Dave Freudenthal said Tuesday. At the same time, state officials have filed a federal Freedom of Information Act request for all U.S. Fish and Wildlife Service documents related to several aspects of gray wolf reintroduction and management. Wyoming, Montana, and Idaho must craft management plans that the Interior Department believes will provide for a sustainable wolf population before the agency will consider removing the gray wolf from the federal Endangered Species List. Fish and Wildlife Service Director Steve Williams cited three specific concerns in his letter to the Wyoming Game and Fish Department rejecting Wyoming's plan: predator classification, the number of packs the state proposed maintaining, and the minimum pack size. Freudenthal contends the federal government switched its position after initially supporting the state's plan and the plan passed the muster of 10 of 11 federally appointed biologists who studied it. For more information on how your state can manage its wolf population, visit: http://www.serconline.org/wolfpreservation/index.html.
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Colorado Bill Would Push Power Plants to Rely More on Renewables (The Denver Post 2/2)
http://www.denverpost.com/Stories/0,1413,36~53~1929881,00.html

A new bill in the Colorado legislature would require investor-owned utilities to increase the amount of electricity they receive from renewable energy by at least 0.5% each year between 2005 and 2020. House Speaker Lola Spradley introduced the bill, which is one of several now pending in the Colorado legislature that would encourage a shift from traditional water-intensive power production to the use of bone-dry wind power and other renewable sources. Power plants produce energy by heating water into steam, which turns the massive turbines to produce electricity. In Colorado, where water resources are relatively scarce, power plants withdrew more than 21 billion gallons of water from rivers and aquifers in 2000, according to a 2003 report by Western Resource Advocates. A small per-year decrease in power plant's dependence on non-renewable water resources could have a big impact. For more information on renewable portfolio standards, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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Bill Would Ban Lead Sinkers in Vermont (The Rutland Herald 2/2)
http://www.rutlandherald.com/04/State/Story/78247.html

Starting on Feb. 2, the Vermont House Committee on Fish and Wildlife began a three-day hearing on a bill that would ban the sale and use of lead sinkers weighing a half-ounce or less as of 2007. The bill would also appropriate $100,000 for a statewide public education campaign to inform residents of the dangers that lead can pose to wildlife. Studies have indicated that lead sinkers may contribute to the lead poisoning and death of some birds, who mistake the sinkers for grit (which supplements their diets) on the bottom of lakes and rivers. The ban would not affect the sale or use of other fishing accessories containing lead. Vermont is not the first state to peruse a lead-sinker ban; similar bills have passed in New York and Maine, as well as in England and Canada. For more information on how to ban lead sinkers, visit: http://www.serconline.org/lead/pkg_frameset.html.
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State Governments May Preempt Federal Action on Diesel Emission Reductions (AP 1/30)
http://sierraactivist.org/article.php?sid=40405

Because of fears that the federal government will not follow through with new federal rules requiring all large new diesel rigs or replacement engines to reduce emissions more than 90% by 2010, some states are taking preemptive action by adopting California's highway diesel emissions standard, the toughest in the nation. The federal rules were issued in the final weeks of the Clinton administration, upheld by the Bush administration, and reaffirmed by a U.S. Environmental Protection Agency (EPA) scientific advisory panel in October 2002. However, some trucking companies have asked that implementation of the rules be delayed, fearing higher costs and less fuel efficiency. Glen Kedzie, attorney for the trade group American Trucking Associations, said the new trucks will cost an average $5,000 to $10,000 more, and the fuel economy may be up to 20% less efficient. Anti-pollution advocates are urging trucking groups and legislators to weigh those costs against expected benefits, which the EPA says would include the annual prevention of some 8,300 premature deaths, 5,500 cases of chronic bronchitis, and 17,600 cases of acute childhood bronchitis. Federal law allows states to adopt either federal the regulations or California vehicle emissions regulations, which are nearly identical to the proposed EPA rules.
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Nebraska State Forest Service under Debate in Legislature (Lincoln Journal 2/6)
http://www.journalstar.com/nebraska.php?story_id=119764

Nebraska is considering establishing the Nebraska Forest Service (NFS) in state law. The University of Nebraska, which runs the NFS, threatened to eliminate the service last year, in response to reduced state funding, until the legislature appropriated funds to keep it active. The federal government considers the forest service to be a federally-assisted state program, so the elimination of state funding would mean that the NFS could not meet federal matching requirements; therefore, the amount of federal funds received by the NFS would be impacted. Federal funds play a significant role in the budget of the NFS. Additionally, one of the services of the NFS is to provide reconditioned military vehicles to volunteer fire departments. These reconditioned vehicles are on loan to the state pursuant to a federal program, and would have to be returned if the NFS no longer qualified for the federal program. LB 917 would establish the NFS in state law and enumerate its core duties. It would also provide for coordination and cooperation among governmental entities including the Natural Resource Districts, and provide for appropriate funding.
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Alternative Energy Ballot Drive Slated in Colorado (Denver Post 2/6)
http://www.denverpost.com/Stories/0,1413,36~53~1931657,00.html

This November, voters in Colorado may have the chance to make renewable energy more prevalent in their state. The proposed measure, written by Environment Colorado and the Sierra Club, would force power companies to use at least 10% renewable sources to provide energy to customers by 2012, and 20% by 2022. Utilities not able not meet the standard could buy renewable energy credits from utilities exceeding the minimum requirement. Currently, Colorado produces only 1% of its energy from renewable sources. The proposed ballot measure would be unnecessary in the eyes of Environment Colorado and the Sierra Club if a renewable energy bill proposed by House Speaker Lola Spradley is passed (see related story above). Every attempt she has made to pass the legislation thus far has failed, however. Representative Spradley says that renewable energy is an issue important to people in Colorado, a statement supported by a recent survey conducted by the University of Colorado, Denver. Eighty-two percent of those surveyed said they wanted power companies to use renewable sources of energy in the future. Only 12% of those surveyed said they wanted utilities to continue relying on fossil fuels. For more information on renewable portfolio standards, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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New Strategy to Curb Sprawl in New Jersey (Star-Ledger 2/2)
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-5/1075704196124750.xml

A proposal by the New Jersey Board of Public Utilities (BPU) would give developers a new incentive to build in urban areas and existing suburbs and rural centers. Under the proposal, the costs of extending electricity, hot water, and natural gas infrastructures to new, sprawling subdivisions should be levied by developers, not taxpayers. The proposal is designed to reinforce the New Jersey State Development and Redevelopment plan, a blueprint that maps the state into planning areas and channels growth into higher density areas. If the proposal, now in a 60-day public comment period, is adopted, developers would be reimbursed for the cost of extending services in different amounts and at varying speeds depending on where they build. Developers will be reimbursed more, and at a quicker pace, if they build in growth areas designated by the state plan. Builders are currently required to pay for a portion of extending services, but are reimbursed by at least half as the utilities come online. Groups opposed to sprawl are generally happy with the BPU's idea, although some note that the development and redevelopment plan needs to be reworked for the proposal to be truly effective. For more information on how your state can curb sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.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]