Home > Wildlines Archives > Wildlines, Volume III, Number 8
Volume III, Number 8
February 23, 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:
 
 
 
 
 
 
 
 
 
 
RPS Renewable Energy
Governor Granholm Looks to Certify Michigan's Forests
ALEC Is Rewriting Science
 
Idaho Committee Kills "Junk Science" Bill
Idaho, Washington Try to Change Forest Management Priorities
HI House Committees Approve Bill Regulating Commercial Cruise Ship Pollutions
Bill Proposes Changes to Alaska Board of Game
State Officials Worried Diesel Standards Could Be Weakened
Maine's Mercury Removal Law Upheld
West Virginia Bill Proposes a State Air Emissions Registry
Vermont: Compromise Reached on Environmental Permitting
Washington Bill Would Let Airports Create New Wetlands
New Mexico House Approves Bill Limiting Water Well Use
RPS Renewable Energy

A Renewables Portfolio Standard (RPS) ensures that a certain percentage of the electricity resources serving a state come from renewable energy sources. By increasing the required amount of renewables over time, the RPS can put the power industry on a path toward increased sustainability. "Renewables" describes the energy generated by wind, sun, water, plant growth, and geothermic heat that is then converted into power for our everyday use. As the term suggests, this energy is generated from sources we can tap into again and again. The movement of wind and water, heat and light of the sun, heat in the ground, and carbohydrates in plants are all natural energy sources that will not be depleted. RPS bills have been introduced this session in MD, PA, WI, NM, OH, RI, WA, IL, and CO. Hawaii has introduced RPS language which would require 20% renewable power. The effect has trickled down to the municipal level with a resolution introduced in San Francisco that would require the city to buy from a company that provides more than 40 percent of its electricity from renewable sources. No one silver bullet solution can meet our society's future energy needs, but any serious proposal must include the diverse energy technologies that do not deplete our natural resources or destroy our environment. RPS does just that. For more information on how your state can implement a Renewable Portfolio Standard, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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Governor Granholm Looks to Certify Michigan's Forests (ENS 2/16)
http://www.ens-newswire.com/ens/feb2004/2004-02-16-09.asp

Gov. Granholm has proposed that the Department of Natural Resources (DNR) move forward on an effort to certify all state forestland in Michigan under a forest certification system that uses environmental and sustainability standards -- ISO 14001, Sustainable Forestry Initiative (SFI), and Forest Stewardship Council (FSC). The proposal was announced at the Governors Summit on Forest Industry Sustainability in the Great Lakes Region. Granholm also intends to revive the Forestry Advisory Council to work within the state to ensure that Michigan's timber and wood fiber products can compete in the global marketplace. The council would focus on recreation, wildlife habitat, biodiversity concerns, and multiple use issues. Currently, 99 million acres of forestland worldwide has been certified. Michigan would have the nation's largest certified forest once its four million acres of state-owned forestland are certified, Granholm said. Forest certification is becoming increasingly popular as major consumers of wood and wood products are demanding the products be produced in an environmental and sustainable manner. The certification would also help to keeps jobs in the timber and wood fiber industry in the state. For more information on forest certification, visit: http://www.serconline.org/goodwood.html.
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ALEC Is Rewriting Science

The corporate-funded American Legislative Exchange Council (ALEC) has been pushing model legislation in legislatures throughout the country to undermine scientific support for environmental protection. At first glance, some of these bills seem reasonable. The Verifiable Science Act, for example, seems to simply make scientific data used to develop public policy more accessible to citizens. Two words make the bill more complicated: pertinent and ascertainable. These words have no clear legal meaning, which makes policy decisions more difficult to promulgate. Public access to government documents is already guaranteed under the federal Freedom of Information Act, so why do we need another law? The Verifiable Science Act's true purpose is to restrict agencies' authority to craft policy. One of these bills was introduced in Vermont in 2003. The Common Sense Scientific and Technical Evidence Act also appears to be innocuous by simply defining scientific evidence and expert testimony. Those definitions, however, have serious consequences because they significantly limit the evidence that can be presented to the court. This makes it more difficult for environmental activists to bring lawsuits against corporate polluters. These types of ALEC-influenced bills have been introduced in South Dakota, Oregon, Wisconsin, and Pennsylvania. Not only is ALEC trying to confuse the public's understanding of scientific process, but they are attempting to rewrite scientific knowledge by pushing a Resolution on Non-Verified Science Curriculum Funding and the Environmental Literacy Act. These acts attempts to control, confine, and intimidate educators into toeing the corporate line on environmental issues. They set up processes to defund environmental education and allow business interests to write science curriculum. Through these bills, ALEC is trying to restrict state rights to protect human health and the environment. They intend to erode scientific data and public understanding of the threats so that big business can profit. We need trained professionals to interpret and disseminate scientific information, not corporations. For more information about ALEC's model bills, visit http://www.serconline.org/alecIndex.html.
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Idaho Committee Kills "Junk Science" Bill (Idaho Spokesman Review 2/20)

Idaho State Rep. Dick Harwood failed Thursday to persuade a House committee to pass his anti-junk science bill, after a parade of witnesses testified that it would violate the First Amendment. The bill, HB 664, would have allowed anyone who said anything or provided information to "any governmental entity of any kind," which later found to be false, to be sued. "HB 664 is so extreme that it crosses the line," Justin Hayes, program director for the Idaho Conservation League, told the panel. "It so plainly creates some legal course of action to be used to attack someone that you disagree with." Marty Durand, attorney and lobbyist for the American Civil Liberties Union, told the committee, "Laws should not discourage public participation in government... This bill does exactly that, by creating civil liability where none should exist. It chills speech and conflicts with the First Amendment." Critics of the bill said it would essentially make it illegal to be wrong or misinformed, and to speak out, whether it's to a legislative committee or to the local school board or at a planning and zoning dispute.
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Idaho, Washington Try to Change Forest Management Priorities (NWEA 2/18; Idaho Spokesman Review 2/18)
http://ecosystem.org/act/94.html
http://www.spokesmanreview.com/news-story.asp?date=021804&ID=s1489030&cat=section.idaho

Plans to dramatically increase logging on state lands were endorsed unanimously by legislative budget writers in Idaho recently. State Sen. Shawn Keough told the budget panel the move will help state forests while also making money for the state endowment fund. Gov. Kempthorne and the state Land Board called for the logging increase to boost harvest by 20 million board feet a year for the next decade. In addition to making millions more for the state endowment, officials said they wanted to thin state-owned forests of larger, older trees so the inventory would be weighted toward smaller dimension timber, where the industry's mills already are headed, indicating that their management priorities are purely for logging. Environmental groups have raised concerns that the increased logging could threaten habitat for endangered species, including caribou in North Idaho near Priest Lake. In a similar move, State Sen. Bob Morton of Washington has introduced a bill, SSB 6144, that gives a blank check to the Department of Natural Resources to log federal, state, and private lands in Washington for reasons of forest health. The bill attempts to achieve forest health with no environmental guidelines, no accountability, and no cost analysis; it threatens the state's interest in wildlife, recreation, old growth forests, and clean drinking water with uncontrolled logging. For more information on state forest management, visit: http://www.serconline.org/forestrystateinfo.html.
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HI House Committees Approve Bill Regulating Commercial Cruise Ship Pollution (Honolulu Advertiser 2/18)
http://the.honoluluadvertiser.com/article/2004/Feb/18/ln/ln31a.html

Three Hawaiian House Committees approved a bill that will disallow commercial cruise ship pollution within four miles of state shorelines. Prohibited would be any discharge of wash-water drainage, oily bilge water, solid waste, hazardous waste, and medical waste coming from commercial passenger vessels. Under the bill, which would amend the state's Clean Water Act, operators would need to install and maintain tamper-proof automated data collection equipment approved by the Health Department to record the dates, times, volumes or flow rates, and locations of any discharges into marine waters around the state. The operator would need to maintain records of the dates for at least three years. Illegal discharges would carry penalties as high as $25,000 for each offense. The cruise ship industry, worth about $800 million per year to the state's economy, currently has a "memorandum of understanding" with the state regarding pollution discharges. Several cruise lines have admitted violating the guidelines in the first year of the agreement. The violations included the dumping of treated sewage in waters at Penguin Bank, a protected fishing ground off the south coast of Moloka'i frequented by humpback whales. HB 2190 is now being reviewed by the House Transportation Committee.
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Bill Proposes Changes to Alaska Board of Game (Anchorage Daily News 2/19)
http://www.adn.com/alaska/story/4759141p-4705292c.html

Introduced by State Sen. Ellis, SB 343 proposes changes to Alaska's Board of Game. The bill would alter the makeup of the panel, extending the membership from seven to nine individuals. The two new members would represent "nonconsumptive uses." The Board would also be renamed the Board of Wildlife. The Board of Game's members are appointed by the governor, currently Gov. Murkowski, and confirmed by the legislature. The qualifications specify only that the members have "good judgment, knowledge, and ability in the field of action of the board" and represent a variety of view points. However, some of Sen. Ellis' constituents have advocated changes to the board for years, citing a number of appointees who support predator control. Gavin Tarr, Sen. Ellis' chief of staff, said the new bill specifies that the board "taken as a whole, shall directly reflect all of the citizens' various uses of game for sport and subsistence hunting, trapping, nonconsumptive uses, tourism, and scientific study." Some people contend the bill is unnecessary, including Game Board chairman Mike Fleagle who stated, "the board considers all viewpoints; it just doesn't agree with some of them." Advocates of the bill, including the Alaska Wildlife Alliance, have said that, if it fails in the legislature, they would bring the issue to the voters as a statewide ballot initiative.
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State Officials Worried Diesel Standards Could Be Weakened (Greenwire 2/17)
http://www.eenews.net/Greenwire/Backissues/021704/021704gw.htm#1

While the U.S. Environmental Protection Agency claims it is still committed to its rules calling for reductions in pollution from heavy-duty diesel engines, some members of the trucking industry are pressuring officials to alter the rules or delay their implementation. Trucking interests claim the rules, which are expected to be implemented in 2007 and are designed to reduce smog, will require unfair cost increases. Trucking groups have sued in the past, claiming the U.S. Environmental Protection Agency (EPA) failed to consider cost and energy data. According to EPA officials, the new federal rules will reduce nitrogen oxide emissions by 2.6 million tons and particulate matter by 110,000 tons annually. It would also prevent an estimated 8,300 premature deaths, 5,500 cases of chronic bronchitis, and 17,600 cases of acute bronchitis in children annually. State and local officials sent a letter to the American Trucking Association in January warning that, if the federal rule does not go into effect, states will choose to adopt California standards, which are virtually identical to the new federal rules. Federal law allows states to adopt either federal or California regulations. Officials at the EPA have said that they do not expect trucking associations to be successful lobbying Congress not to enforce the 2007 EPA regulations.
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Maine's Mercury Removal Law Upheld (ENS 2/19)
http://www.ens-newswire.com/ens/feb2004/2004-02-19-09.asp#anchor1

A federal judge upheld Maine's automobile switch law, which aims to prevent pollution from auto switches that contain mercury, and is the first law in the nation requiring automakers to pay to prevent mercury release from old cars. The law requires automakers to pay a $1 bounty to junkyards and scrap dealers for each mercury switch brought to a consolidation center. It also requires automakers to set up the centers and provide for collection and shipping of the mercury switches to recycling centers. They must also phase out some uses of mercury and label mercury components in new cars. The Alliance of Automobile Manufacturers had sued, contending the law was unconstitutional. Many U.S.-manufactured cars and some older European models contain mercury. Carmakers used switches containing mercury for many years in lights located under hoods and in trunks, and more recently in Antilock Brake Systems, which together account for about 99 percent of all the mercury in cars. For information on how your state can remove mercury from its environment, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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West Virginia Bill Proposes a State Air Emissions Registry (Herald Dispatch 2/8)
http://www.herald-dispatch.com/2004/February/08/LNlist5.htm

At West Virginia Gov. Bob Wise's request, SB 141 was recently introduced to the state senate. The bill would authorize the state Department of Environmental Protection to inventory emissions from companies such as primary metals plants and manufacturers of finished products, which are not currently required to submit emissions reports. It would establish a voluntary registry to allow companies to note emissions reductions and would set up a system of emission credits that companies could bank or sell. The bill would apply to the six greenhouse gases referred to in the Kyoto Protocol: carbon dioxide, methane, nitrous oxide, hydroflurocarbons, perfluorocarbons, and sulfur hexafluoride. "There is an increasing recognition that greenhouse gases have contributed to climate change," Gov. Wise said during an interview with the Associated Press. "Even large energy corporations are talking about climate change and, as a major energy producer, it is not a good idea for us just to keep pretending now that it's not happening."
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Vermont: Compromise Reached on Environmental Permitting (Burlington Free Press 2/20)
http://www.burlingtonfreepress.com/bfpnews/news/friday/1000h.htm

This week, legislators in Vermont negotiated an agreement on Gov. Jim Douglas' environmental permit reform bill that shifts the power of all environmental appeals away from the Environmental Board and the Water Resources Board to a newly created Environmental Court, effectively streamlining the development permitting process. According to the compromise, the Environmental Board, which has made hundreds of land-use decisions over a 34-year tenure, will merge with the Water Resources Board. The co-joined boards will continue to write rules and decide citizen petitions on the classification of wetlands and water bodies. In addition, the compromise upheld Act 250, a state law requiring a three-citizen panel to review development plans and grant environmental permits. Individuals or groups granted party status in Act 250 decisions now have the right to appeal all the way to the state supreme court, a change applauded by both environmentalists and developers. The bill also makes sweeping changes to local zoning and planning laws. Proponents of the compromise say that judges will rule more fairly on environmental appeals. Some details of the bill still need to be ironed out before it is presented for a vote in both houses of the legislature.
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Washington Bill Would Let Airports Create New Wetlands (Seattle Post-Intelligencer 2/18)
http://seattlepi.nwsource.com/local/161068_wetlands18.html

A bill that would allow airport operators to replace wetlands at locations away from their facilities passed the Washington State Senate yesterday 38-10. Substitute Senate Bill 6173, entitled "Requiring storm water and wetland mitigation for public-use airports to be compatible with safe airport operations," supported by the Port of Seattle and other airport operators around the state, was proposed by a legislative aviation study team concerned that building new wetlands or holding ponds near runways would attract birds that planes could hit and increase the risk of accidents. Environmentalists and airport critics said the measure would lead to destruction of wetlands and streams near runways. Studies of artificial wetlands suggest that they do not replace the ecological value of natural wetlands, particularly in terms of biodiversity. Senators rejected amendments to the bill that would have exempted Seattle-Tacoma Airport from its provisions and would have retained state oversight of wetlands replacement. The measure now goes to the House. For more information on this subject, visit: http://www.serconline.org/wetlands/pkg_frameset.html.
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New Mexico House Approves Bill Limiting Water Well Use (Albuquerque Journal 2/17)
http://www.albuquerquejournal.com/xgr/apwells02-17-04.htm

Legislators in New Mexico have proposed a bill that would limit new permits for water use. In its House-approved form, SB 89 grants greater regulatory power to the state engineer. The engineer will now be able to limit well extractions to one-half acre foot per household per year on new water permits, which is half of the current household limit. The engineer would designate the regulated areas, which could include places where increased water use may cause excessive draw-down of the water table, threaten the short-term viability of areas with reduced aquifer thickness or negatively impact the state's ability to meet its interstate water compact obligations. A previous version of the bill would have allowed the engineer to deny new wells in a critical management area unless an applicant secures a water right to cover the proposed water depletion. The Senate rejected the House version of the bill -- negotiators are being appointed to help the legislature reach a compromise. For more information on groundwater permitting, visit: http://www.serconline.org/groundwaterWithPermit/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]