Home > Wildlines Archives > Wildlines, Volume III, Number 7
Volume III, Number 7
February 17, 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:
 
 
 
 
 
 
 
 
 
 
 
Beverage Container Recycling
California Enhances Protection for Coho Salmon
ALEC's Power Plant Siting Act
 
State Legislation Aims to Reduce Light Pollution
Alaska to Change Wildlife Policy
Wyoming Legislator Offers Compromise on Wolves
Massachusetts and Vermont Deal with Mercury
South Dakota House Quashes Bill to Limit Conservation Easements
Maryland Clean Cars Bill Introduced
Wisconsin Introduces Electronic Waste Legislation
Alaska Senator Targets Bears
Nebraska Bill Aims to Preserve State Wildlife Refuges
Minnesota May Raise Sales Tax for Natural Resource Program Funding
California Dam Slated for Removal to Protect Endangered Trout
Beverage Container Recycling (Charleston Gazette 2/10; Rochester Democrat & Chronicle 2/13)
http://wvgazette.com/section/News/Today/2004020925
http://www.rochesterdandc.com/news/0213F338KRB_news.shtml

We can save energy and protect the environment by recycling our beverage cans and bottles. Although the amount of energy saved differs by material, almost all recycling processes achieve significant energy savings compared to virgin material production. In 2001, an estimated 141 billion aluminum, glass, and plastic beverage containers (over 9 million tons) were not recycled – a 33% increase in wasting since 1992. If they had been recycled, we could have saved the energy equivalent of 34 million barrels of crude oil, reduced greenhouse gas emissions by 4.5 million tons, and saved untold millions of dollars in cleanup costs. Support appears to growing around the country in state legislatures for beverage container recycling, commonly called "bottle bills." In New York, a recently conducted survey by Environmental Advocates of New York shows strong support for expanded legislation that would extend the deposit to noncarbonated beverage bottles. NY AB 3922 and SB 1696 have been introduced to amend the current law, the Returnable Container Act. In West Virginia, HB 4147 and SB 293 would institute a ten-cent deposit on single-use glass, aluminum, and plastic containers, and establish a return infrastructure. For more information on how your state can enact bottle bill legislation, visit:
http://www.serconline.org/bottlebill/index.html.
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California Enhances Protection for Coho Salmon (LA Times 2/7)
http://www.latimes.com/news/science/environment/la-me-salmon7feb07,1,6287190.story?coll=la-news-environment

The California Fish and Game Commission voted this week to protect Northern California's coho salmon under the state's Endangered Species Act, after adopting a plan to restore the habitat of the increasingly scarce fish. That strategy was developed by a group of government officials and landowners as well as timber and farming interests. It relies on incentives and volunteer projects to resuscitate salmon streams, rather than enforcement actions by the understaffed Department of Fish and Game. The decision adds a second level of protection for a species listed as endangered by the National Marine Fisheries Service since the late 1990s. Coho -- or silver -- salmon have been depleted by extensive fishing and water diversion as well as muddy runoff, often triggered by land development and logging operations. The runoff clogs clear-running streams needed for spawning. For more information about protecting wildlife in your state, visit: http://www.serconline.org/esa/index.html.
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ALEC's Power Plant Siting Act

The American Legislative Exchange Council (ALEC), a right-wing advocacy group funded by big oil and utility companies, is trying to sneak one past us again. ALEC is playing off fear of a power shortage by introducing legislation which will keep the public completely in the dark about power plant siting decisions. This bill benefits the utility industry at the expense of everyone else. The ALEC energy bill will eliminate public participation. All authority to site power plants is consolidated in one small elite government body that renders ultimate decisions without public representation or input. That body is comprised of five people -- three are appointed by the governor and one is appointed by each branch of the legislature. Noticeably absent is a public advocate or elected official. The ALEC act will keep the public in the dark. If a member of the public wants information from the siting board, that person will need to pay money to get it. If the siting board doesn't want to give out public information, it can refuse by deeming the information a "trade secret" or "privileged, confidential, or proprietary information." In short, the workings of the siting board are not subject to public scrutiny. The board has the right to refuse testimony at a public hearing by calling it "repetitive or cumulative." The Power Plant Siting Act is intended to push new power plants against the public will. The siting board can override all local siting and zoning decisions. They simply have to decide the law passed by local officials is "too restrictive." Under the ALEC timeline, a power plant could be sited in less than two months. This is not a responsible process. We need our legislatures to think responsibly about energy policy, and to serve the public -- not the corporate -- interest. For more information about energy legislation in your state, visit http://www.serconline.org/cleanenergy.html. For more information about ALEC, visit http://www.serconline.org/alecIndex.html.
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State Legislation Aims to Reduce Light Pollution (Stateline.org 2/13)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=350550

Today, 99 percent of Americans live in areas suffering from light pollution, which obscures the night sky and can have negative impacts on fish and wildlife. The condition is caused by excessive and poorly planned artificial lighting. In response, legislators across the country are taking action to reclaim the stars, saving energy and money in the process. Over the past 10 years, more than half of U.S. states have passed regulations to reduce light pollution. Some states have approached the problem by setting curfews on intensely lit areas such as parks; many others require or have introduced legislation to require state-owned lighting systems to meet energy-efficiency and glare standards. Many other states and cities have adopted rules that provide strict guidelines for targeted reductions in light pollution, ranging from controls on the direction of billboard and streetlamp lighting to curfews on city-owned buildings and stadiums. So-called "dark sky" legislation has been introduced in Massachusetts, Connecticut, and New York City this month. For more information on dark sky legislation, visit: http://www.serconline.org/darkSkies.html.
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Alaska to Change Wildlife Policy (Fairbanks Daily News-Miner 2/13)
http://www.news-miner.com/Stories/0,1413,113~7244~1954207,00.html#

A bill introduced this month by Alaskan Sen. Seekings would emphasize the right to individual consumption of state fish and game over uses such as viewing and scientific study. In defense of the bill, the senator said that conflicting interests in the state's fish and game have arisen in the past, and that his bill seeks to clarify the priorities of the state. But others were skeptical. Alaska representative for Defenders of Wildlife, Karen Deatherage, argues that such conflicts are rare and that the bill might have negative impacts on the state's subsistence regulations, which offer a preference to subsistence hunters and fishers. Deatherage said that the bill undermines important viewing, scientific, and intrinsic values of fish and wildlife, and notes that such a bill might be in violation of state law, by restricting the use of wildlife for a certain number of Alaskans. Alaska SB 318 has been referred to the Senate Committee on Resources.
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Wyoming Legislator Offers Compromise on Wolves (The Billings Gazette 2/12)
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/02/12/build/wyoming/40-wolves.inc

Wyoming Rep. Baker announced his plan for a bill last week that could end a long standing disagreement between the state and the U.S. Fish and Wildlife Service over wolves. The federal government wants to remove wolves from the endangered species list in Wyoming, Montana, and Idaho, but will not until the Interior Department approves plans from each state to maintain a viable wolf population. The Montana and Idaho plans have been approved; Wyoming's plan was rejected because it classified wolves as predators, which would allow wolves to be shot on sight in many areas of the state. U.S. Fish and Wildlife Service Director Steve Williams said the state's plan would be reconsidered if it drops the predator label, plans to maintain at least 10 breeding pairs, and regulates wolf hunting in areas outside national parks. Rep. Baker's bill would adopt the federal government's stance, allowing the delisting to move forward. Controversy over the status and regulation of wolves has grown since they were reintroduced to Yellowstone nine years ago. Since then, the success of the reintroduction program has prompted the federal government to delist the animal as long as Yellowstone's surrounding states produce plans that commit to viable wolf populations. For more information on wolf management plans, visit: http://www.serconline.org/wolfpreservation/index.html.
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Massachusetts and Vermont Deal with Mercury (Daily News Transcript 2/10; Rutland Herald 2/11)
http://www3.dailynewstranscript.com/localRegional/view.bg?articleid=19075
http://www.rutlandherald.com/04/Story/78738.html

In Massachusetts, a new state environmental initiative is targeting mercury waste created by dental offices, in an attempt to recycle nearly all the mercury dentists now discharge into wastewater. The new program encourages dentists to buy technology that separates amalgam, containing mercury, from other waste, an initiative officials said could reduce the amount of mercury entering wastewater from dental offices by 95 percent over the next two years. The mercury would be recycled. The program, announced last week, is being phased in on a voluntary basis, but could be a requirement as early as 2005. According to the Department of Environmental Protection, dentists are responsible for 13 percent of the mercury discharged into Massachusetts' waters. Vermont would follow its first-in-the-nation mercury labeling law with a ban on novelty items that contain the poisonous element -- such as shoes, games, or lawn decorations -- under a bill given preliminary approval last week by the state senate. The ban on novelties would not apply to those whose only mercury is found in button-cell batteries. In addition to banning the sale of all mercury-added novelties after July 1, 2005, the bill also would outlaw the sale of mercury food or fever thermometers as well as mercury thermostats. The bill also would require the labeling of even more mercury-added products after July 1, 2006, notifying consumers of the dangers of mercury and of the requirements to dispose of the product separately from other waste. For more information on how your state can deal with mercury, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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South Dakota House Quashes Bill to Limit Conservation Easements (Rapid City Journal 2/6 & 2/12)
http://www.rapidcityjournal.com/articles/2004/02/06/legislature/news/867news.txt
http://www.rapidcityjournal.com/articles/2004/02/12/news/local/news11.txt

HB 1194, sponsored by Rep. Lintz, which sought to restrict the length of time a conservation easement could be placed on a piece land, was defeated in the House last week after it had previously passed the House Agriculture Committee. Conservation easements place certain restrictions on the use of land, typically to preserve it as open space and preclude business and residential development. Landowners who agree to easements, which are offered by the state and federal governments as well as conservation groups, may either sell or donate some rights to use the land. HB 1194 would have limited conservation easements in South Dakota, with the exception of wetlands easements, to less than 30 years. It would have applied to easements granted after July 1. Rep. Lintz felt that easements restrict the property rights of future land owners. Opponents of the legislation argued that easements prevent the loss of agricultural land and, if the bill was passed, tax breaks commonly offered could be jeopardized. For more information on how your state can preserve land, visit: http://www.serconline.org/conservationfunding/index.html.
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Maryland Clean Cars Bill Introduced (MaryPIRG 2/11)

The Maryland Cleaner Cars Bill, HB 314, is currently being considered in the House of Delegates. Cars and trucks are Maryland's single largest source of nitrogen oxides (NOx), and are a major source of volatile organic compounds (VOCs). Cars are also a significant source of toxic chemicals like benzene, and they contribute to Maryland's greenhouse gas emissions, accelerating global warming. Smog creates severe health problems for Maryland's residents. In the summer of 2002, there were 40 days when excessive smog made the air literally unhealthy to breathe in Maryland. Exposure to smog can trigger asthma attacks and also contributes to the onset of the disease. Smog and soot in Maryland cause an estimated 20,900 asthma attacks and 927 premature deaths every year. Cars and trucks are responsible for 33% of Maryland's smog-forming nitrogen oxides, making them the state's largest source. The bill would institute low emission vehicle standards, which will require a small percentage of new cars sold in Maryland to meet stringent emissions standards starting in the 2010 model year. Other states that have passed these standards are already seeing their effects. New Jersey estimates that by 2020 the higher standards will reduce air toxics by 23% more than federal standards and smog precursors by 19%.
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Wisconsin Introduces Electronic Waste Legislation (GRRN 1/10)
http://www.grrn.org/e-scrap/

In response to citizen concern over the increasing quantity of hazardous electronic waste in Wisconsin, State Rep. Mark Miller introduced legislation calling for take-back and recycling programs to be financed by computer and electronics producers. "Electronic products contain highly toxic materials that endanger public and environmental health," says Rep. Miller. "This proposal is similar to waste management programs that are working in Europe." Currently, Wisconsin has no laws regulating the disposal of electronic equipment, resulting in tens of thousands of computers ending up in the state's landfills each year. An estimated 70% of the heavy metals found in landfills come from discarded electronic waste. "Electronic waste is not only a threat to human health and the environment, it represents an enormous potential unfunded mandate on local governments," says David Wood, Executive Director of GrassRoots Recycling Network and co-coordinator of the national Computer TakeBack Campaign. "The producer responsibility approach can solve environmental problems without spending already scarce taxpayer dollars. It is consistent with recent efforts to create jobs while providing regulatory flexibility," continues Wood. Wisconsin joins the ranks of 10 other states, including Minnesota, California, Massachusetts, Maine, and Washington, which have introduced similar legislation. Fact sheets about electronic waste in Wisconsin can be accessed on-line at http://www.grrn.org/e-scrap/. For more information on how to deal with electronic waste in your state, visit: http://www.serconline.org/ewaste/pkg_frameset.html.
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Alaska Senator Targets Bears (Daily News-Miner 2/7)
http://www.news-miner.com/Stories/0,1413,113~7244~1941864,00.html

State Senator Ralph Seekins, who last year spearheaded the bill to allow aerial hunting of wolves, introduced a bill that would make it far easier for hunters to take black or brown bears in areas where they're deemed a threat to big game prey populations. SB 297 would institute relaxed regulations in areas where the state Board of Game has established an intensive management program and identified bear predation as a cause of declining numbers or productivity of game such as moose and caribou. Among its many provisions, which apply equally to black and grizzly bears, the bill would allow people to take bear sows accompanied by cubs that are at least a year old; to take any bears that are at least a year old; to use any motorized vehicle to assist in hunting bears; to kill a bear within a half-mile of a garbage dump; and, to bait bears without having to register. Alaska Defenders of Wildlife representative Karen Deatherage argued that predator control should be left in the hands of the Board of Game. She argues that bear populations are not well-documented, and that widespread bear hunting could cause serious damage to them.
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Nebraska Bill Aims to Preserve State Wildlife Refuges (Nebraska Star Journal 2/13)
http://www.journalstar.com/articles/2004/02/12/nebraska/10045240.txt

A bill currently in the Nebraska Assembly would redefine the borders of four wildlife refuges originally created in 1925, and reinstitute a ban on hunting waterfowl on the refuges. According to two recent court rulings, the refuges' borders are unenforceable because the Platte River is braided and some channels dry up or reappear from year to year, causing the stream bank to vary. An assistant state attorney general said that, without a new law, the refuges may cease to exist as landowners challenge the boundaries in court and begin hunting waterfowl that have used them as safe havens for nearly 80 years. LB 826, sponsored by Sen. Erdman, would clarify the boundaries by requiring the Department of Natural Resources to define the bank using GPS units and computer programs. Electronic maps of the refuge boundaries could then shift as the stream bank moved. The bill would still require conservation officers with the Nebraska Game and Parks Commission to enforce the no-hunting ban. Local business owners are supportive of the bill because the refuges sustain populations of waterfowl that draw hunters into the region every year. Without the law, hunters may encroach on the refuges, force the birds out, and end regulated hunting outside refuge boundaries.
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Minnesota May Raise Sales Tax for Natural Resource Program Funding (Pioneer Press 2/10)
http://www.twincities.com/mld/pioneerpress/news/politics/7915157.htm

This fall, voters in Minnesota might have a chance to approve an amendment to the state constitution that will secure a dedicated source of funding for natural resource programs. If the bill becomes law, the state sales tax would be raised one-quarter of one percent to pay for future fishing, hunting, parks, trails, and zoo programs. HB 1166 was approved this week by the Senate Environment and Natural Resources Committee and is headed to the State and Local Government Operations Committee. In its current form, the bill would allocate $170 million per year for 20 years, beginning in 2005, to natural resources programs. To see what some other states have done to secure financing for natural resources conservation, visit: http://www.serconline.org/conservationfunding/index.html.
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California Dam Slated for Removal to Protect Endangered Trout (L.A. Times 2/9)
http://www.latimes.com/news/science/environment/la-me-dam9feb09,1,2303288.story?coll=la-news-environment

A task force, made up of federal, state, and local authorities as well as environmental organizations and community members, has decided on a plan to remove a large dam in Southern California to allow for the revival of the endangered steelhead trout. The 190 ft. tall, 600 ft. wide Matilija Dam is the largest dam in the country slated for removal. Steelhead trout breed in the upper reaches of the Ventura River, and have been blocked from traveling upstream since the dam was installed in 1947. The task force plans on beginning the complex $100 million project when they acquire funding, which will come largely from the U.S. Army Corps of Engineers. For information on state endangered species legislation, visit: http://www.serconline.org/esa/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]