Wildlines Archives
Volume II, Number 34
August 25, 2003
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
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Please note that "Wildlines" will come out on Tuesday, September 2, 2003,
next week, due to SERC's observation of Labor Day.
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NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
Environmental Justice
States Object to Changes in Coastal Zone Management Act
What About a State's Right to a Healthy Environment?
 
FCC to Probe Dead Birds and Wires
'Green Power' Drawing More Customers in the Northwest
Ohio Bans Drilling in Lake Erie
NJ Judge Refuses Request for Secondary Containment of CWD
CT Leads State Effort to Block Weakened Clean Air Rules
California Bills Target Cruise Ship Pollution
Gold Firm Attacks California Law under NAFTA
Report on NEPA and Public Involvement
Environmental Justice
In the early 1980s, several studies were published illustrating the disproportionate and adverse health effects felt in economically disadvantaged areas and by communities of color. These environmental health risks have various causes, including high concentrations of industry and waste facilities. One report found that the EPA took 20% longer to place abandoned sites in communities of color on a national priority list than it took to prioritize sites in white communities. It also noted that polluters paid 54% lower fines for damage to communities of color relative to white neighborhoods. Communities with a large population of low-income and/or people of color are more likely to be subjected to environmental hazards. These communities are often excluded from decision-making processes, making it difficult for them to fight against pollution and improve the environmental health of their community. The environmental justice movement is a growing movement gaining national attention through the relentless efforts of religious and other community organizations, individuals, and families, to demand recognition and justice for their communities. Many people across the nation have worked persistently and strategically to bring attention to the oversights of government and the environmental targeting of these communities. State legislation focusing on environmental justice gives further recognition and legal protection to communities faced with these issues, expedites action, and channels money to the people and communities that have been ignored for so long. For more information on Environmental Justice, visit: http://www.serconline.org/ej/index.html.
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States Object to Changes in Coastal Zone Management Act (LA Times, 8/21)
At the urging of Vice-President Cheney's energy task force, the U.S. Commerce Department is undertaking a comprehensive revision of the Federal Coastal Zone Management Act of 1972, proposing 24 pages of changes. The Act gives states a say in decisions affecting their coastal waters and shorelines, effectively making the federal and state governments partners in the stewardship of federal waters (those more than three miles offshore). The changes would allow federal agencies' opinions on questions about the environmental impacts of offshore drilling and other activities to outweigh those of state agencies. Members of Congress called the proposal a "pernicious assault on states' rights"; the Commerce Department insists states' rights will not be affected. California and other coastal states have publicly objected to the changes. California Attorney General Bill Lockyer said the Commerce Department is attempting to "eviscerate" a recent federal court decision that supported the right of the state's Coastal Commission to review any new drilling plans for environmental hazards before they are allowed to proceed. The coastal coordinator of the Western States Petroleum Association, on the other hand, said the revisions make "good business sense." Oil industry executives have complained that efforts by coastal states, especially California, to protect coastal and marine life have slowed or stopped drilling plans. For information about alternatives to offshore oil drilling, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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What About a State's Right to a Healthy Environment?
Offshore oil drilling and ozone in California. Factory farm pollution in North Carolina. Power plant regulation in the northeast. Across the country, states are finding that the Bush Administration's environmental policies are less stringent than their own and, in some cases, the administration is even limiting the ability of states to protect their environment. In North Carolina, for example, factory-style farms are subject to state regulations requiring various permits and waste treatment systems, and the state currently has a ban on new hog farms. These rules are more stringent than recently released EPA guidelines. Environmental advocates in North Carolina are concerned that large scale animal farmers will use the new EPA rules as leverage to weaken the state regulations (Raleigh News & Observer 12/17/02). In California, a new smog reduction plan proposed by the EPA has state officials worried that ozone levels might actually increase, because of the long phase-in period. The Bush administration is also quietly rewriting the rules governing coastal drilling to limit the influence of states. A letter signed by Rep. Lois Capps and 90 other members of Congress calls the revision a "pernicious assault on states' rights." (LA Times 8/21/03). On the opposite coast, thirteen states have again filed a legal challenge to the EPA's revised New Source Review regulations, which would allow many older power plants to upgrade without reducing the amount they pollute (Hartford Courant 8/21/03). It seems the administration supports states' rights -- unless it's the right to a healthy environment.
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FCC to Probe Dead Birds and Wires (San Francisco Gate 8/21)
The Federal Communications Commission announced this week it is looking into how to manage the expansion of communications towers in a way that "best preserves the country's environmental resources." The inquiry will look into why so many birds are killed flying into communications towers. This is part of an effort to study and police how the growing number of cell phone and broadcast towers sprouting across the country affects historic sites, Native American land, and the environment. The FCC will work with the U.S. Fish and Wildlife Service to study why an estimated 5 to 50 million migratory birds fly into towers each year. Researchers suspect part of the problem is due to the bird's attraction to lights on the towers. For more information on this issue, visit: http://www.serconline.org/avian_mortality.html.
 
'Green Power' Drawing More Customers in the Northwest (Seattle Post-Intelligencer 8/21)
The amount of renewable energy consumers in the Northwest chose to buy increased 88% since 2002, according to a report from the Renewable Northwest Project. Thanks to programs where customers can choose to by power from solar, biomass, and wind sources for a premium, the amount of renewable energy used by both residential and commercial users has increased. To read the report, visit www.RNP.org. For more information on how your state can promote clean energy, see http://www.serconline.org/cleanenergy.html.
 
Ohio Bans Drilling in Lake Erie (Cincinnati Enquirer, Cleveland Plain Dealer, 8/21)
Ohio Governor Bob Taft signed an executive order in July banning oil and gas drilling in Lake Erie. The order prohibits the state Department of Natural Resources from issuing any permit, license, or lease for drilling in the lake's Ohio waters through 2006, the end of Taft's second term. Local environmental groups, concerned that the September 2005 expiration of a federal ban on drilling in the Great Lakes might hurt Lake Erie, had encouraged the Governor to take action. Critics of the ban, including the Ohio Oil and Gas Association, point out that there are 550 oil-producing wells in Lake Erie's Canadian zone, and that Ohio could use the energy and money from the additional oil and gas production. It is estimated that more than 1.1 trillion cubic feet of natural gas lies under Lake Erie's Ohio waters, approximately the same amount as all of the state's onshore reserves. Ohio produced 98 billion cubic feet of gas, or 11 percent of what it consumed, last year. For information on alternatives to oil and gas, visit: http://www.serconline.org/RenewableEnergyIncentives/index.html.
 
NJ Judge Refuses Request for Secondary Containment of CWD (The Star-Ledger 8/21)
Judge Theodore Bozonelis denied a request to order a second fence built around a gated hunting preserve that may be contaminated with Chronic Wasting Disease (CWD). The Department of Environmental Protection (DEP) asked for the secondary containment to guard against possible disease transmission to neighboring wild herds. Bozonelis stated that he refused the request because the preserve had already been sufficiently quarantined. On September 16, a court hearing will consider a lawsuit, also filed by DEP, to order CWD testing. Testing requires destroying the animals because live diagnosis is unreliable. Big Spring Whitetail Preserve imported 20 deer from Wisconsin, one of twelve states infected with CWD. Trade of infected animals between game farms is the most rapid way the disease is transmitted. For more information on how your state can protect itself from Chronic Wasting Disease, visit: http://www.serconline.org/CWD/index.html.
 
CT Leads State Effort to Block Weakened Clean Air Rules (Hartford Courant 8/21)
Connecticut, in a 13-state coalition, filed a stay to block changes to the federal Clean Air Act. The changes, proposed by the Bush Administration, allow old coal-burning power plants to operate without modernizing controls to meet emissions standards. The utility industry supports the changes because they claim that the current rules are too expensive and confusing. The state coalition, however, argues that these changes would lead to increased air pollution. The rules have been reopened for public comment after the Environmental Protection Agency acknowledged using faulty environmental analysis to support its argument. Final consideration is expected on October 28. For more information on clean power, visit: http://www.serconline.org/clean/index.html.
 
California Bills Target Cruise Ship Pollution (LA Times 8/18, San Diego Union Tribune 8/20)
Three bills that would keep cruise ships from dumping sewage and spewing diesel fumes off the California coast passed the state Assembly and are in the Senate Appropriations Committee. The bills were inspired by the growth of the cruise ship industry and a few particularly polluting incidents. Cruise ships, which are currently not regulated in most states, can produce 50 tons of garbage and 210,000 gallons of sewage in a week. Unlike similar enterprises on land, they are not subject to environmental regulations, although many companies have been prosecuted under federal law for failing to report discharges. Cruise ships "have an abysmal record for protecting the environment," said Russell Long, executive director of Bluewater Network. "They need to be cleaned up, and it needs to happen fast."
 
Gold Firm Attacks California Law under NAFTA (LA Times 8/20)
Glamis Gold Ltd., a Canadian company with US subsidiaries, will be filing a claim under chapter 11 of the North American Free Trade Agreement over a recently-passed California law that governs open pit mining. Glamis, which has plans to mine in an area of Imperial County, CA that is not only federally protected but also a Native American religious site, is arguing that the new law has lowered the value of the mine. The law requires backfilling and flattening of mine waste piles, and a complete restoration of areas near Native American religious sites.
 
Report on NEPA and Public Involvement
A new report released by the Natural Resources Defense Council and the Sierra Club looks into the effect that NEPA, the National Environmental Policy Act, has had on various highway case studies in recent years. "The Road to Better Transportation Projects," looks into 12 projects across the country and generally concludes that, for the specific case studies, public input significantly reduced the amount of environmental damage. The report also finds that public input allowed modifications which enabled the projects to have a better fit in the communities they were directly affecting. Unfortunately, the current administration seeks to use NEPA as a scapegoat for costly delays due to the public involvement and environmental review necessitated by law. However, in a majority of the cases the delay problems were caused by lack of funding, local controversy, and the complex nature of the projects. Although the process is not perfect, it is not a reason to weaken the law. The report recommends a several ways to strengthen the process, including early meetings with stakeholders in order to coordinate much earlier to avoid costly delays. To read the full report, visit: http://www.sierraclub.org/sprawl/nepa/.

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