Wildlines Archives
Volume II, Number 32
August 11, 2003
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:
 
 
 
 
 
 
 
 
 
 
Biodiversity
Indiana to Fight Invasive Species
States Tie Their Own Hands with "No More Stringent" Laws
 
State Parks Suffering from Budget Woes
Michigan County May Use State Bottle Law to Limit Trash Imports from Toronto
NY, NJ, and CT Win Verdict Against Ohio Power Utility
New Jersey's Top Environmental Threat is Land Use Change
California Moves to Further Protect Its Coastal Areas
Pennsylvania Bill to Protect Preservation Fund
West Virginia Panel Hears Water Options
New Mexico Forest Service Considers ATV Restrictions
San Francisco Adopts the Precautionary Principle
Maryland Nutrient Runoff to be Focus of Summit
Biodiversity
Humans are dependent upon the products supplied by the diversity of biological organisms on earth and their associated ecosystems. If humans neglect to protect biodiversity, we will be faced with the imminent inability of ecosystems to provide human health benefits, food, and shelter. Nature seems separate from the daily lives of a majority of the American population living in urban and suburban areas. They may only experience wild forests filled with native birds or rivers abundant with fish a few times a year, but they would be surprised and unhappy if they no longer had access to wild and natural places. Instead of protecting biodiversity for future generations we are destroying wild, open, natural spaces and the biological resources they support at rates that scientists equate with a mass extinction. Governments, conservation groups, private companies, and the public have recognized the need to preserve biodiversity and have developed a variety of programs and policies at all levels aimed at halting the loss of biological resources. It is now important to coordinate existing local, regional, state, private and public efforts to preserve biodiversity. By allowing different biodiversity conservation efforts to stand alone, some states are making significant investments and still failing to preserve biodiversity. For more information on how your state can protect its biodiversity, visit: http://www.serconline.org/biodiversity/index.html.
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Indiana to Fight Invasive Species (Northwest Indiana Times 8/4)
Indiana has finally started to take action against the 162 non-native species that have invaded the Great Lakes region. By forming a group to create an aquatic species nuisance plan, the state has taken the first step towards securing federal funding for invasive species control efforts. The state also expects to use $1.1 million from boat license fees next year. Other Great Lakes states are further along in the process of fighting invasive species like purple loosestrife, Asian carp, and zebra mussels. Wisconsin and Minnesota, for example, spend around $1 million per year to combat invasive species, which can have a strong negative impact on the economy. For more on how your state can control invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html and http://www.serconline.org/ballast/index.html.
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States Tie Their Own Hands with "No More Stringent" Laws
It's not news that the federal government is rolling back environmental protections laws. The Bush administration has been doing it since day one -- whether it's drilling for oil and gas on protected lands, gutting the Clean Air Act, or cutting forests to save them, they've tried it. They're weakening the laws and rules that protect our environment left and right. And, across the country, states are realizing that if they want a healthy environment, they're going to have to protect it themselves. But some states can't do that. About one-third of the states have statutory provisions that limit the ability of their regulatory agencies to adopt environmental regulations that are more stringent than federal ones. These provisions, known as "no more stringent" laws, vary in what they cover. In some states (MS, KY, NC, IA and OR) the provision is limited to certain aspects of the Clean Water Act. In others, (ME, FL, PA, WI, UT, IN and OH) it requires a more extensive review for proposed state regulations that go beyond federal ones. Montana requires a public hearing and detailed study before rules "more stringent than the comparable federal regulations or guidelines" can be put in place. Other states (e.g., SD and ID) outright prohibit any rules that go beyond federal regulations that cover "an essentially similar subject or issue," even if the federal program is voluntary, or only covers a certain geographic area. Missouri recently tried to pass an even more egregious provision, HB215, which would have prohibited agencies from regulating anything the federal government doesn't. These provisions endanger the health of both citizens and the environment. In a time when federal environmental protections are disappearing, states should be free to do what's right, not hindered by a "no more stringent" law.
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State Parks Suffering from Budget Woes (Stateline.org 8/6)
Budget crises around the country have hit the nation's state parks where it hurts. Increases in fees, reductions in staff, and corporate deals all have changed the look and feel of state parks. Campgrounds are open for shorter periods, beaches are increasingly "swim at your own risk," and a dozen or so states have negotiated exclusive soft drink deals with Pepsi or Coca-Cola. Some states, Indiana among them, are even exploring the possibility of corporate sponsors for such things as park shelters and conference centers. Such sponsors would be recognized with a plaque or sign. Especially concerning is the fact that many state parks have closed for extended periods or entire seasons. Many state park directors believe that they can stand maybe one or two more years of severe budget constraints, but that's it.
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Michigan County May Use State Bottle Law to Limit Trash Imports from Toronto (The Detroit News 8/8)
Wayne County, Michigan, is getting crafty, attempting to use the state's bottle law to keep Toronto's trash out of the county's landfills. Wayne County Executive Robert Ficano expects to sign an ordinance within the next week that would ensure trash imported to Michigan does not contain items such as refillable glass bottles that must be separated and recycled under Michigan law. Wayne County officials would inspect Toronto garbage. If they find items that would be recycled in Michigan, the landfill owners will face substantial fines. Because Ontario doesn't have a recycling law like the one to be applied, requiring the separation of such items as bottles could make it too expensive for Toronto to send its waste to Michigan. An attorney for a waste disposal company expects the proposed county ordinance would be successfully challenged in court, claiming that the ordinance would violate the commerce clause of the U.S. Constitution as well as the North American Free Trade Agreement. For more information on bottle bills, visit: http://www.serconline.org/bottlebill/index.html.
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NY, NJ, and CT Win Verdict Against Ohio Power Utility (NY Times 8/7)
In what has been hailed as a precedent-setter by Northeastern states and regarded as an isolated, inconsequential decision by power companies, a federal district court judge ruled that Ohio utility company, Ohio Edison, violated the Clean Air Act when it failed to install better pollution controls at one of its coal-burning power plants. The chemicals produced by such plants, especially nitrogen oxides and sulfur dioxides, are a major contributor to air pollution in the northeast United States. In fact, 80 to 90 percent of acid rain deposition in the Adirondacks results from about 70 coal-burning power plants located in the Ohio Valley. Of the four dozen or more lawsuits brought during the Clinton administration, this was the first to be decided in a courtroom. The judge sided with the Northeastern states and their belief that the Clean Air Act was clearly written and only needed to be enforced. "[The] EPA's failures in enforcement do not absolve [the utility] from liability under a law that has always been clear," Judge Sargus said. Power companies believe the decision will have little impact on how things are done, claiming that "it's just a district court in Ohio." New York State Attorney General Eliot Spizer, however, believes "the impact goes far beyond Ohio Edison, because other utilities that have raised the same legal objections will realize their legal arguments will not prevail." For more on how your state can clean up its power act, visit: http://www.serconline.org/clean/index.html.
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New Jersey's Top Environmental Threat is Land Use Change (ENS 8/6)
According to a report released by the New Jersey Comparative Risk Project, the conversion of undeveloped land is the top risk for New Jersey's environment and population. Other threats include invasive species, and indoor and outdoor pollution. The analysis, done by the steering committee made up of various members of the business, government, and environmental communities, found that the physical alteration of habitats lead to another set of problems including the loss of species and permanent ecological damage. The steering committee handed down 19 recommendations, including collaboration between the Department of Environmental Protection and state and local officials, to implement stronger initiatives to reduce the environmental impact of land use change. Curbing sprawl is one of Gov. McGreevey's top policy items for the year. For more information on how your state can minimize damage from land use change, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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California Moves to Further Protect Its Coastal Areas (NRDC Action Alert 8/4)
A bill seeking to expand the Coastal Act protections that currently safeguard wetlands, sensitive habitat, and public access to include cultural resources and sacred sites has been making its way through the Assembly and is set to be heard in the Senate Appropriations Committee next month. AB974 would allow Native Americans to provide input to the permit process when proposed development would displace or destroy land that has cultural, archaeological, or religious significance. Existing California law does not prevent development of Native American cultural and religious sites, but requires consideration of impacts to sites that may contain artifacts or fossils. Allowing Native Americans' input earlier in the process would minimize delays such as those seen with a development on Seal Beach in Orange County that was delayed for more than a year after Native American artifacts were discovered.
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Pennsylvania Bill to Protect Preservation Fund (PennEnvironment Alert 8/6)
In an effort to protect the future raiding of the funding for the Growing Greener program, Rep. O'Neill introduced HB501. The bill would eliminate a loophole that leaves the program vulnerable during a fiscal crisis. The Growing Greener program is one of two programs in Pennsylvania aimed at reducing critical habitat loss and preserving open space. Last year, then Gov. Schweiker, proposed a large cut to the program, but its funding was restored although it was left vulnerable in future budgets. HB501 would remove the power of the legislature and the Governor to raid the Growing Greener program fund. For more information on how your state can protect its environmental funds while balancing its budget, visit: http://www.serconline.org/greenscissors.html.
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West Virginia Panel Hears Water Options (The Charleston Gazette 8/5)
West Virginia Sen. John Unger, who is also co-chairman of a joint interim select committee, invited Larry Morandi, an official from the National Conference of State Legislatures, to explain to the committee what other states do to manage their water. "We want to try to protect the quantity of water for our stakeholders in the state," said Unger. West Virginia lawmakers learned that failure to regulate its use may leave the state high and dry as the Supreme Court held that a state can't stop an out-of-state company from diverting its water if that state fails to manage water use among its own residents. Like other states in the humid East, West Virginia hasn't regulated water use because of its steady supply. Neighbors to a waterway generally get to draw from it as long as their use is deemed reasonable. Morandi said the rigid controls and drawn-out court battles now common in Western states may not work for West Virginia. Mississippi tried to apply that method in the 1950s but abandoned it after 30 years. Several surrounding states have enacted laws to manage their water. Virginia created a permitting process for major water users in the late 1980s. Pennsylvania recently chose to require those who consume 300,000 or more gallons a month to register with the state. For more information on how your state can promote water conservation, visit: http://www.serconline.org/waterconservation/pkg_frameset.html.
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New Mexico Forest Service Considers ATV Restrictions (The Santa Fe New Mexican 8/5)
The five national forest supervisors of New Mexico are having qualms about a policy that allows all-terrain vehicles (ATVs) nearly limitless access that results in erosion. The forests are crisscrossed with ruts left by three- and four-wheel dune-buggy-like ATVs, even where the Forest Service or local police try to block access to protect eroded areas. "When an off-highway vehicle (OHV) user drives across the country, it leaves a mark on the land that other people see. After four or five passes, the land starts to really show the use," said Marcia Andre, forest supervisor of the Gila. "We get unplanned roads created each year from OHV users going cross-country. We find it's growing exponentially from this OHV use." Five national forest supervisors in Arizona expect to sign a uniform ban on backcountry ATV travel by Sept. 30. Andre said New Mexico forest supervisors are working on an off-road strategy, also expected to be completed in September. The first step will likely be an inventory of current roads and trails and input from the public, Andre said. By 2005, she said, forests could specify limits on ATV use. For more on how your state can promote responsible ATV use, visit: http://www.serconline.org/orv/pkg_frameset.html.
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San Francisco Adopts the Precautionary Principle (San Francisco Chronicle 8/4)
San Francisco Mayor Willie Brown signed into law a landmark municipal Environment Code and Precautionary Principle last week. The Code will improve the city's environmental decision making process. Decisions will be based on the best available science, but lack of proof of harm will not be treated as proof of safety. Rather, the city will analyze alternatives and choose those least likely to cause harm. SF Environment Director Jared Blumenfeld said "San Francisco's Precautionary Principle outlines a commonsense approach to reduce the risk of environmentally destructive practices. It acknowledges that our world will never be entirely risk-free -- but a risk that is unnecessary, and not freely chosen, is never acceptable." For more on how your state can adopt the precautionary principle, visit: http://www.serconline.org/childrensHealth/index.html.
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Maryland Nutrient Runoff to be Focus of Summit (Sunspot.net 8/4)
The struggle over reducing nutrient runoff into the Chesapeake Bay will take center stage this week when Gov. Robert Ehrlich delivers on his campaign promise to "listen to farmers" and tackle their concerns about over-regulation by the state. In an all-day nutrient management summit planned for Aug. 5, more than 300 farmers, poultry processors, agricultural consultants, environmental activists and state officials will discuss Maryland's rules and whether they ought to be changed. Nutrient runoff was blamed for a 1997 outbreak of the fish-killing Pfiesteria piscicida bacteria, which led to 1998 legislation requiring stringent management plans for agricultural fields. Maryland and other states in the Chesapeake Bay watershed have agreed to cut nutrient runoff in half by 2010, not just through agriculture, but also by upgrading waste-water treatment plants. Ehrlich has said funding for improvements to the plants is one of his top environmental priorities. For the agricultural community, the summit offers a chance to make a case for simplified paperwork and a relaxation of some regulations. But environmentalists say that if Maryland is to fulfill its pledge to significantly cut nutrient runoff by the end of this decade, the state can't afford to roll back regulations or avoid potentially expensive solutions for the safe handling of hundreds of millions of pounds of poultry manure.
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