Home > Wildlines Archives > Volume I, Number 7
Volume I, Number 7
February 18, 2002
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:
Safe Air and Water:
 
Children's Health:
Saving Wildlands:
 
Clean Energy:
 
Natural Resources:
Safe Food:
Saving Wildlife:
Land and Water Use:
 
 
Resources:
 
APA Releases Growing Smart Legislative Guidebook
Bush Eroding States' Rights on Offshore Oil Drilling
 
 
IA: DNR to Rein in CAFO Air Emissions
WI: Agencies Approve Landmark Runoff Rules
RI: State Wins Round One in Lead Paint Suit
MD: Bill Introduced to Better Protect State Forests
6 of 8 States Support Missouri River Flow Reform
DE: New Bill Gives Incentives for Carpooling
DC: New Natural Gas Buses Hit Streets
MI: Senate Bans Great Lakes Slant Oil Drilling
MN: Bill Limits Antibiotics in Animal Feed
CA: Coho Salmon Making Comeback
ME: Gov Urges Trading of Development Rights to Curb Sprawl
VA: Brownfields Bill Sailing Through Legislature
KY: House Passes Fee on Drink Containers
Northeast States Form Mercury Clearinghouse
APA Releases Growing Smart Legislative Guidebook
State governments have a new tool to combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment. This past week, the American Planning Association (APA) -- in cooperation with HUD and the EPA -- released model state land-use planning legislation in The Growing Smart Legislative Guidebook. The guidebook and companion user manual are the culmination of APA's seven-year Growing Smart project to help rewrite state planning enabling laws across the nation. About half of the states currently have land-use legislation influenced by or based upon the models produced by the Commerce Department in the 1920s. Overall, the guidebook is a major achievement, describing many needed and useful changes. It is worth noting, however, that several provisions are problematic from an environmental perspective. Jim McElfish of the Environmental Law Institute wrote a useful and specific critique which has been published in an appendix to the guidebook. The guidebook can be viewed at: http://www.planning.org/guidebook/Guidebook.htm.
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Bush Eroding States' Rights on Offshore Oil Drilling (Washington Post 2/13)
The Bush administration is appealing a federal judge's ruling last year that gave California broad new power to review and restrict oil exploration near its coast -- in particular, 36 old drilling leases that are exempt from the ban but that the state wants to stay undeveloped. The appeal has outraged environmental groups and worried many that overturning the decision may have implications for offshore oil drilling in other states.
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Safe Air and Water:
Iowa: DNR to Rein in CAFO Air Emissions
The director of the Iowa DNR predicted last week that his agency would attempt to measure and limit hydrogen sulfide and ammonia wafting out of livestock confinement facilities. The comments were sparked by a report recently released by 27 professors from the University of Iowa and Iowa State University. The chemicals are known to cause respiratory problems in confinement workers and could pose threats to neighbors, the report said. Iowa's new CAFO air quality rules will likely be similar to those in Minnesota -- the only state that measures a CAFO's hydrogen sulfide and ammonia emissions. The Iowa report, the most extensive done on the subject, can be viewed at: http://www.public-health.uiowa.edu/ehsrc/CAFOstudy.htm.
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Wisconsin: Agencies Approve Landmark Runoff Rules
Described by the Environmental Law Reporter as the "nation's most comprehensive rules designed to tackle polluted runoff," the state's agricultural and natural resources boards have jointly approved new rules designed to reduce pollution that runs off farm and urban operations. If approved by the Legislature, the rules will apply to urban areas, such as golf courses and construction sites, and rural areas, such as feedlots and farm fields. The rules also establish the cost-sharing programs that will help counties and individual farmers pay for conservation efforts. To see the rules proposed by the agriculture board, go to: http://datcp.state.wi.us/arm/regulation/prop-rules/atcp_50.html. To see the DNR rules, go to: http://www.dnr.state.wi.us/org/water/wm/nps/admrules.htm.
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Children's Health:
Rhode Island: State Wins Round One in Lead Paint Suit
A Rhode Island judge has ruled that the state's attorney general may proceed with a lawsuit against lead paint manufacturers. The ruling sets in motion the first phase of the trial, whether or not lead paint in public and private buildings in Rhode Island is a public nuisance. "Today's ruling is a big win. It breaks the log jam and moves us closer to trial against the lead industry than anyone has ever been before," said Attorney General Whitehouse.
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Saving Wildlands:
Maryland: Bill Introduced to Better Protect State Forests
Last week Delegate Dana Dembrow introduced HB 1060, which is designed to separate the management goals of forests on public lands from those on private lands. The bill requires that on public lands the Department of Natural Resources will consider as its primary goal in forest planning the long-term preservation and conservation of forest land resources.
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6 of 8 States Support Missouri River Flow Reform
American Rivers reported last week that six of eight states in the Missouri River Basin Association -- KS, MT, NE, ND, SD, and WY -- have endorsed dam reforms to restore the Missouri River. The states voted to allow the Army Corps of Engineers to "begin testing new operations of the dam and reservoir system over a ten-year period to recreate more natural seasonal water levels in the river," necessary for the survival and recovery of imperiled species and other wildlife.
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Clean Energy:
Delaware: New Bill Gives Incentives for Carpooling
The National Caucus of Environmental Legislators (NCEL) reported last week that State Senator Harris B. McDowell, III has introduced SB 284. This bill would exempt employers from the state's gross receipts tax if they and their employees maintain an average daily vehicle occupancy rate (VOR) of 3.5 or greater during the taxable year. The bill would provide incentives for employers to encourage employees to carpool, which would cut pollution and traffic congestion.
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Washington, D.C.: New Natural Gas Buses Hit Streets
Washington, D.C. has unveiled a fleet of 164 new natural gas fueled buses and a fueling station to serve them. The buses, which run on compressed natural gas (CNG), emit about 90 percent fewer air pollutants than traditional diesel fueled buses. "We live in one of worst areas in the country for ozone pollution, and replacing dirty diesel buses with CNG buses will help remove nitrogen oxides -- a major cause of smog -- from our air," said Elliott Negin, a spokesperson for the Natural Resources Defense Council, which campaigned for two years to promote the use of cleaner fueled buses.
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Natural Resources:
Michigan: Senate Bans Great Lakes Slant Oil Drilling
The state Senate voted last week to ban directional oil and gas drilling under the Great Lakes. The 28-5 vote would send Gov. John Engler a bill -- already passed in the House -- halting his plans to allow oil and gas drilling under the lakes. So-called slant drilling has been strenuously opposed by environmental groups who say it poses an unacceptable pollution risk. Facing a guaranteed override, the governor is not expected to veto the bill.
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Safe Food:
Minnesota: Bill Limits Antibiotics in Animal Feed
The National Caucus of Environmental Legislators (NCEL) reported last week that Minnesota State Senator Jane Krentz has introduced SF 2884, a bill to prohibit the sale, purchase, or use of animal feed containing antibiotics (antimicrobials) for nontherapeutic purposes. Livestock and poultry producers have long used antibiotics to prevent infection as well as enhance growth. In an October 2001 report, the Food and Drug Administration's Center for Veterinary Medicine acknowledged that there is ample scientific data linking antimicrobial foodborne resistant infections in humans to the use of antimicrobials in livestock and poultry.
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Saving Wildlife:
California: Coho Salmon Making Comeback (San Francisco Chronicle 2/14)
Several creeks in Northern California's Marin County are seeing "huge" numbers of endangered coho salmon returning to spawn. "After more than a century of abuse," local stream restoration efforts began in the 1980s, and the returns of not just coho but chinook and chum are all the more remarkable considering that some 3,300 people live adjacent to the spawning areas. The recovery efforts have the support of "almost everybody" and the streams have "become a statewide model for fisheries restoration."
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Land and Water Use:
Maine: Gov Urges Trading of Development Rights to Control Sprawl
The answer to sprawl, says Governor Angus King and proponents of LD 2049, is for developers to buy development rights from areas towns have identified as "sprawl sensitive." In exchange for their payout, the developers get to build subdivisions elsewhere that are denser than normally allowed -- and more profitable. Taxpayers get open space preserved at no cost to them. Fifteen other states, including Vermont, Connecticut, Massachusetts, and Maryland, have laws that encourage this practice. The governor's administration is pushing for the legislation, and the bill has the support of a broad coalition that includes the Maine Chamber of Commerce, the Audubon Society of Maine, and The Nature Conservancy.
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Virginia: Brownfields Bill Sailing Through Legislature
HB 463, the Brownfield Restoration and Land Renewal Act, passed the House unanimously last week and appears to have clear sailing through the Senate. The bill's primary intent is to mesh with provisions approved recently in the federal act. The bill also creates the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund, which will make grants and loans available to local governments for the purposes of promoting the restoration and redevelopment of brownfield sites and to address environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic development prospects.
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Kentucky: House Passes Fee on Drink Containers (Lexington Herald Leader 2/13)
Last week, the state House passed HB 174, a bill that puts a half-cent fee on drink containers and fast-food cups, which will be used to clean up dumps and litter in Kentucky. Gov. Paul Patton, who backed the bill sponsored by House Majority Leader Greg Stumbo, said the  vote "gives Kentucky the potential to be the cleanest state in the nation in just a few short years and will put Kentucky head-and-shoulders above other states." HB 174 also raises the charge, known as a tipping fee, for dumping trash at state landfills.
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Resources:
Northeast States Form Mercury Clearinghouse
Last week, it was announced that a new group -- the Interstate Mercury Education and Reduction Clearinghouse (IMERC) -- has been created to promote reductions in mercury use in eight Northeastern states. The umbrella organization will assist the states in implementing mercury reduction laws and programs aimed at getting mercury out of consumer products, the waste stream, and the environment. To learn more about this group, visit their web site at: http://www.newmoa.org/prevention/mercury/imerc.cfm.
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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