Home > Wildlines Archives > Wildlines, Volume III, Number 3
Volume III, Number 3
January 20, 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:
 
 
 
 
 
 
 
 
 
 
School Bus Diesel Emissions
CA Law Could Force Car Manufacturers to Cut GHG Emissions by 30%
ALEC Rings in the New Year with "Ecoterrorism" Act
 
Maryland Senate Overrides Energy Efficiency Standards Veto
MN: Pawlenty Proposes $37.5 Million for Commuter Rail
Michigan Supreme Court Considers Citizens' Right to Sue
Wyoming's Inadequate Plan Delays Gray Wolf Protection Decision
California Shuts Down Marine Reserve Program
Biomass: An Untapped Resource in Washington State
New Hampshire Lawmakers Want to Ban MTBE
Georgia: Local Governments Pay Tab for Hazardous Waste Cleanup
NJ Legislature to Adopt Stricter California Auto Emissions Standards
Feds Back Move to Weaken Pollution Standards in California
MI Legislature Working Toward Smart Growth
School Bus Diesel Emissions

Over 99% of our nation's 600,000 school buses run on diesel fuel, placing millions of children at risk each day from the hazardous health effects of diesel emissions. These emissions have been directly linked to such serious health problems as asthma, bronchitis, pneumonia, retarded lung development, and increased emergency room visits for respiratory illnesses. After long-term exposure, diesel exhaust can cause cancer. In an era where there are cleaner and less toxic alternatives, states must act to protect our children from exposure to these dangerous pollutants on their trips to and from school. Diesel legislation can be found in many states, and these states have taken a wide variety of approaches to addressing the problem, including educating citizens about the hazards of diesel exhaust, reducing heavy-duty diesel vehicle emissions, and establishing tax breaks for alternative fuel use. As more states address the issue, the spotlight shines more brightly on those states which are unwilling to place the safety of our school children first. For more information on school bus diesel emissions, visit: http://www.serconline.org/schoolbus/index.html.
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CA Law Could Force Car Manufacturers to Cut GHG Emissions by 30% (Greenwire 1/13)
http://www.eenews.net/Greenwire/Backissues/011304/011304gw.htm#1

Charles Shulock, vehicle program specialist at the California Air Resources Board (CARB), said state officials are currently writing a draft implementation plan for AB 1493, which is expected to be available in May with a final draft issued in July. The law requires CARB to develop regulations to achieve "maximum feasible and cost-effective" reduction of GHG emissions, including carbon dioxide. The standards would take effect in 2006 and be required of all cars beginning in model year 2009. CARB is currently working to write the structure for the GHG reduction program and does not want the regulations to restrict the products offered by manufacturers, Shulock said. The agency is weighing two schemes: a single "fleet average emission standard" or an emissions standards based on a vehicle's size or weight. A number of innovations currently exist, or are in use, including displacement-on-demand technology, clean diesel engines, variable valve timing, gas direct injection, and integrated starter/generators. The California system also will include alternative compliance measures, whereby an automaker could meet state requirements by reducing GHGs in other ways -- by planting trees, for example. But CARB plans to be "very restrictive on alternative measures," Shulock said. That means if an automaker wants alternative credits by planting trees, those trees must be planted in California. The agency will impose a cap on the amount of alternative credits available. "The goal is to improve the vehicles themselves," Shulock said.
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ALEC Rings in the New Year with "Ecoterrorism" Act

The American Legislative Exchange Council (ALEC) certainly knows how to ring in the New Year. It celebrates by convincing legislators to introduce the dangerous and ill-conceived Animal and Ecological Terrorism Act (AETA). Introductions have been seen in Washington (where the primary sponsor, Sen. Stevens, is the state chair for ALEC), Arizona, and South Carolina. WA S6114, SC H4439 and AZ H2367 were all prefiled for the legislative sessions that just started. In December 2002, ALEC's Criminal Justice Task Force endorsed the model as a way to get at animal rights and environmental organizations working for positive change, by playing upon the current terrorism fears. The legislation's vague language and increased penalties for violent crimes are already covered under existing laws, and are designed not to protect hunting, fishing, livestock farms, and animal research facilities but to suppress legitimate environmental, animal rights, and family farm advocacy. The Act defines an "animal or ecological terrorist organization" as "two or more persons with the primary or incidental purpose of supporting any politically motivated activity… intended to obstruct, impede, or deter any person from participating in a lawful animal activity" or in "mining, foresting, harvesting, gathering, or processing natural resources." This and other passages in the Act could be used to prosecute mainstream environmental groups engaged in nonviolent advocacy work. People providing support to such organizations -- even in the innocuous form of a monetary contribution -- could also be prosecuted. The legislation also authorizes the creation of a "terrorist registry." This is a dangerous piece of legislation that threatens the legitimate work of many organizations, and does nothing to accomplish its stated purpose. AETA is a bill concocted by corporate donors, right-wing interests, and fringe non-profit groups who seek to silence the legitimate opinions of citizens and well-established environmental groups. For more information, visit: http://www.serconline.org/alec/alec21.html.
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Maryland Senate Overrides Energy Efficiency Standards Veto (Baltimore Sun 1/14; 1/16)
http://www.sunspot.net/news/local/bal-md.vetoes16jan16,0,4358756.story?coll=bal-local-headlines
http://www.sunspot.net/business/bal-bz.energy14jan14,0,3741295.story?coll=bal-business-headlines

For the first time in more than a decade, Maryland's Senate overrode a Governor's veto, reviving energy efficiency standards for nine types of appliances. The General Assembly passed standards for nine mostly-commercial appliances last year, only to see the action vetoed by Gov. Robert L. Ehrlich. The legislation requires certain levels of energy savings for ceiling fans and torchiere lighting fixtures as well as commercial washers, refrigerators, air conditioners, heaters, illuminated exit signs, traffic signals, and transformers that funnel electricity from utilities to equipment. Some of the requirements would take effect next year. Gov. Ehrlich vetoed the legislation in favor of a national standard, while other opponents of the state standard felt it would raise the price of the targeted appliances too much. Proponents countered by citing the payback of the retail cost in a few years with energy savings costs. According to the National Conference of State Legislatures, a number of states are looking to address the issue this session, including Connecticut, Maine, Massachusetts, New York, New Hampshire, Pennsylvania, Rhode Island, and Illinois. If Maryland's legislation ultimately stands, the standards will save enough energy by 2010 to power about 75,000 households, according to MaryPIRG, a public interest group that supports the change. Pollution in the Chesapeake Bay and the air would also be reduced, the group said. For more information on how your state can implement energy efficiency standards, visit: http://www.serconline.org/efficiencystandards/pkg_frameset.html.
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MN: Pawlenty Proposes $37.5 Million for Commuter Rail (Star Tribune 1/14)
http://www.startribune.com/stories/462/4316577.html

Gov. Tim Pawlenty announced last week that he will ask the Legislature to approve $37.5 million to advance Minnesota's first commuter rail line. The proposed Northstar line would extend 40 miles from downtown Minneapolis northwest to Big Lake on existing freight tracks operated by the Burlington Northern Santa Fe Railroad. The cost of buying trains, making the tracks safe for dual use, and building stations is estimated at $265 million. Half of that would be expected to come from the federal government. Pawlenty proposes that the state share the other half in a two-thirds/one-third split with counties along the rail line. Pawlenty spoke personally with officials at the Federal Transit Administration (FTA), which has adopted strict ranking criteria to choose from among approximately 240 rail projects nationwide seeking federal funds. The northwest corridor that would be served by the commuter rail line is one of the fastest growing areas in the state. The rail line is expected to save Hwy. 10 corridor commuters 892,000 travel hours per year, compared with times on the best busway, according to an updated project analysis submitted to the FTA. An earlier proposal was an 82-mile commuter link between downtown Minneapolis and St. Cloud.
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Michigan Supreme Court Considers Citizens' Right to Sue (mlive.com 1/14)
http://www.mlive.com/news/statewide/index.ssf?/base/news-3/1074078704270290.xml

A 34-year-old law giving any citizen the right to file suit over environmental violations may hang in the balance as the state's highest court considers a dispute involving expansion of an Upper Peninsula mine. Lawyers for the National Wildlife Federation on one side and Cleveland-Cliffs Iron Co. on the other were before the Supreme Court to argue whether the Legislature overstepped its bounds in a 1970 law allowing "any person" to file a lawsuit over alleged environmental violations. The Michigan Environmental Protection Act of 1970 specifies that "the attorney general or any person" can bring a suit "for the protection of the air, water, and other natural resources, and the public trust in these resources, from pollution, impairment, or destruction." NWF filed suit in 2000 to contest a state permit that allowed Cleveland-Cliffs to fill wetlands as part of a planned expansion of the Empire Mine in Marquette County. Marquette Circuit Court Judge Garfield Hood dismissed the case, ruling that the environmental group had no legal standing to sue, since it had not been specifically harmed by the mine project. The State Court of Appeals overturned that decision and Cleveland-Cliffs appealed to the Supreme Court. According to Andy Buchsbaum, director of the National Wildlife Federation's Great Lakes Office, a ruling in favor of Cleveland-Cliffs could also limit citizens' ability to file suits over alleged violations of the Open Meetings Act and certain taxpayer issues. For more information on citizen suits, visit: http://www.serconline.org/citizensuits/index.html.
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Wyoming's Inadequate Plan Delays Gray Wolf Protection Decision (AP 1/14; Great Falls Tribune 1/14)
http://sierraactivist.org/article.php?sid=39596
http://www.greatfallstribune.com/news/stories/20040114/localnews/223858.html

The U.S. Fish and Wildlife Service delayed plans to drop federal protection for gray wolves in parts of the West, saying that Wyoming had failed to submit an adequate plan for protecting the animals if the federal government steps aside. Gray wolves, once hunted and trapped nearly to extinction, have made a remarkable comeback since being reintroduced into Yellowstone National Park and surrounding areas in the 1990s. Before moving ahead with a proposal that the wolves be removed from federal protection in the Northern Rockies and some other Western states, the Fish and Wildlife Service asked the three states for their plans for protecting the animals. Montana and Idaho's plans were found to be adequate. But the Fish and Wildlife Service objected to Wyoming's plan to classify wolves in part of the state as predators, which would mean they could be shot with few restrictions. The agency also said the Wyoming plan does not provide for adequate monitoring, and it objected to the boundaries outlined by the state. Nina Fascione, vice president of species conservation with the Defenders of Wildlife, said Wyoming should not be surprised that its plan was rejected. "I am pleasantly surprised and encouraged that the service doesn't think open season on wolves is a decent management plan," she said. For more information on state wolf plans, visit: http://www.serconline.org/wolfpreservation/index.html.
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California Shuts Down Marine Reserve Program (San Jose Mercury News 1/13)
http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/7697991.htm

California Gov. Schwarzenegger's administration has decided to put on "indefinite hold" a plan to create a network of coastal marine reserves. The plan, which could have put up to 20 percent of state waters off limits to fishing, was required by a 1999 state law. It has been cited by marine biologists as a national model -- and perhaps the best hope of arresting the steady decline of dozens of types of fish in California waters. Resources Secretary Mike Chrisman said the California Department of Fish and Game chose to halt the process and disband seven working groups because the state lacks the $2 million needed to finish the plan by a Jan. 1, 2005 deadline. Marine scientists and environmentalists greeted the decision with disappointment and anger. "Just because the state can't provide the gold-plated Cadillac version doesn't mean they should abandon their responsibility to implement state law," said Warner Chabot, vice president of the Ocean Conservancy in San Francisco. Research will continue on existing reserves, including a newly established network off the Channel Islands, officials said. Currently, less than 1 percent of California's ocean waters have been declared no-fishing reserves. "I hope the administration reconsiders," said Mary Nichols, former resources secretary. "The longer we wait, the harder it will be to have these reserves fulfill their promise." Fish and Game officials tried to kill the controversial program during former Gov. Davis' tenure, Nichols said, but he refused to allow it. "It became clear the department did not have the will or the capacity to put this program together," said Nichols, "I'm not surprised the department is using the budget as the rationale for stopping the program."
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Biomass: An Untapped Resource in Washington State (Seattle Post Intelligencer 1/13)
http://seattlepi.nwsource.com/local/156367_bioenergy13.html

Washington State could use biological energy sources to power four out of every ten homes in Eastern Washington, said a study commissioned by the state Department of Ecology and conducted by Washington State University's Department of Biological Systems Engineering. The availability of vast amounts of such sources, mostly in the form of agricultural waste such as wheat straw and manure, could position the region to be a major player in the development of bioenergy. Questions remain regarding electrical transmission of such energy and transportation of wastes to generators, but some hope the study will help spur further development. "We'll probably never even approach what this potential is," said Mark Fuchs, a biosolids coordinator with the Department of Ecology. "But there are localized opportunities. There's a lot of resource out there." Organizers hope to get funding for a second phase of the study. For more information on using biomass for energy, visit: http://www.serconline.org/biomassdefinition/index.html.
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New Hampshire Lawmakers Want to Ban MTBE (Foster's Daily Democrat 1/13)
http://www4.fosters.com/news2004/January2004/January_13/News/reg_nh_0113b.asp

New Hampshire's administration is attacking the water polluting gas additive MTBE on several fronts, yet the chemical is still in every gallon of gasoline sold in southern New Hampshire. Some NH lawmakers want to follow New York, Connecticut, and California in banning the additive, which cuts air pollution but which can quickly pollute water supplies if gasoline is spilled or leaked. A House committee will consider a bill requiring the state environmental department to develop a plan by April next year to ban the sale of gasoline containing the additive. Lawmakers have considered banning MTBE before, but have been dissuaded by concerns about compliance with federal law, gas pump price increases, or supply problems. Any price increase at the gas pumps in New Hampshire would have to be balanced against the costs of cleaning up polluted water, said bill co-sponsor Rep. James Phinizy, D-Acworth.
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Georgia: Local Governments Pay Tab for Hazardous Waste Cleanup (Macon Telegraph 1/13)
http://www.macon.com/mld/macon/7696388.htm

Georgia law requires that a certain percentage of garbage fees collected from local residents be used by local municipalities to pay into a statewide Hazardous Waste Trust Fund. Part of the money generated from that trust fund is supposed to return to local governments to clean up old, leaky landfills, but last year Gov. Sonny Perdue used that money to balance the state budget, putting local governments on a waiting list. Despite the enormous amount of financial strain this has placed on local governments, it looks like the same thing will happen this year. The Governor's 2004 budget originally included $4 million for the trust fund, but the Legislature re-routed the money at the last minute. "These funds were a trust with the public... and if they're not being used for their intended purposes, they might as well be a tax," said Glenn Dowling, associate legislative director for the Association County Commissioners of Georgia.
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NJ Legislature to Adopt Stricter California Auto Emissions Standards (NY Times 1/12)
http://www.nytimes.com/2004/01/13/nyregion/13JERS.html?pagewanted=all

Despite heavy opposition from automobile manufacturers and dealers, the New Jersey Senate and Assembly passed, and Gov. James McGreevey signed into law, S2351/A3393, better known as the Clean Car Bill. The bill requires the Department of Environmental Protection to begin implementing the California Low Emission Vehicle (LEV) program in 2009, which requires reductions in tailpipe and evaporative emissions of hydrocarbons and nitrogen oxides for all passenger cars, light-duty trucks, and sport utility vehicles. The bill will also require that carmakers produce a total of approximately 40,000 gas electric hybrid cars and 128,000 super clean gasoline cars between 1999 and 2009. The combination of stricter standards and the promotion of cleaner vehicles are expected to reduce smog by 19 percent by the year 2020.
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Feds Back Move to Weaken Pollution Standards in California (LA Times 1/10)
http://www.latimes.com/news/printedition/opinion/la-ed-smog10jan10,1,2383719.story

California laws require that, when the state or private contractors replace worn out diesel engine buses, trash trucks, and street sweepers, they must do so with cleaner-fuel vehicles. As a result of the laws, 60% of California's local transit buses and a host of other fuel-burning vehicles now run on cleaner fuels, decreasing the transit system's contribution to pollution. But a lawsuit, brought by diesel engine makers and endorsed by the White House, is seeking to invalidate California's local fleet rules, arguing that only the federal Environmental Protection Agency can make such rules, despite California's allowance from Congress to enforce stricter pollution standards. To make matters worse, the Bush Administration is also pushing a transportation funding bill that would weaken limits on ozone, the primary ingredient of smog.
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MI Legislature Working Toward Smart Growth (Great Lakes Bulletin News Service 1/08)
http://mlui.org/growthmanagement/fullarticle.asp?fileid=16609

In Michigan, Republican lawmakers and Democratic Governor Jennifer M. Granholm have built bipartisan support to combat sprawl and revitalize the Michigan economy. Last August, a bipartisan panel produced a report with 160 recommendations aimed at changing patterns of development in ways that serve cities and suburbs, better retaining the state's best and brightest workers, protecting farmland and the environment, and improving the state's economy. Since then, the governor has signed two executive orders and 17 bills passed by the Legislature that, among other things, empower municipalities to get tough on owners of blighted property, help expedite redevelopment of abandoned brownfield sites, and raise the cap on bond money available for such projects. Other measures signed by the governor encourage regional planning and permit townships to include open space in their mixed-use zoning laws. As the Michigan Legislature resumes this week, they will be confronted with at least 48 additional land use reform bills. For more information on how your state can curb urban 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: info@serconline.org