FW: Wildlines Vol. III, No. 10 pln txt

I can't recall if I've ever informed heads about the Wildlines weekly
email service.  If you care about environmental issues, it's a darn good
information source, and gives a sense about what's shaking (or failing
to shake) across the states.
 
-----Original Message-----
From: wildlines [mailto:[email protected]] 
Sent: March 08, 2004 12:56 PM
To: [email protected]
Subject: Wildlines Vol. III, No. 10 pln txt


SERC www.serconline.org
State Environmental Resource Center
"Defending the Environment State-By-State"
 
WILDLINES, Vol. III, No. 10
March 8, 2004
 
IN THIS EDITION:
ISSUE SPOTLIGHT: Endocrine Disruptors
HEADLINER: Michigan Bills Would Implement Permit Process for Water
Withdrawals
WATCHDOG: Something Stinks in the Iowa Legislature
 
NEWS FROM THE STATES:
  * California Sprawl Initiatives Falter
  * Maryland Computer Recycling Bill Advances in Legislature
  * New Mexico: City of Albuquerque to Protect Xeriscaping
  * Oregon Adopts More Stringent Water Quality Standards
  * California County Voters Ban Biotech Crops
  * Alaska Bill Gives Priority to Fish and Game Consumption
  * Arizona Bill Would Have State Pay for Tank Cleanups
  * WA: Agency Wants Orca Added to State's Endangered Species List
  * IL: Lawmakers Want to Reverse Bush Administration Air Standards
  * NM: New Laws Promote Green Energy
  * FL: Battle Looming over Manatee Protection, Boat Speed Limits
  * MN: Senate Bill Offering Bounty for Mercury Advances
 
ISSUE SPOTLIGHT: Endocrine Disruptors
 
Information regarding the dangers of endocrine disruptors (EDCs) dates
back to 1923, although more attention has been paid to the issue since
the early 1990s. Endocrine disruptors are external agents that interfere
in some way with the role of natural hormones in the body. An agent
might disrupt the endocrine system by affecting any of the various
stages of hormone production and activity, including the growth,
development, and reproductive capabilities of an organism. These
external agents include well-known chemicals such as DDT and PCBs, and
lesser-known chemicals including Bisphenol A -- used in many plastic
products -- and endosulfans. It has been well established that large
doses of endocrine disruptors are especially harmful to both humans and
wildlife, but the consequences of low-dose exposure has not been
clarified. Further research needs to be done to establish dose/response
relationships and understand the modes of action for the observed
effects of EDCs. EDCs have been associated with the thinning of
eggshells and gonad deformities of birds of prey as a result of DDT
exposure, and a worldwide population decline of gastropods as a result
of an antifouling agent, TBT. For more information about endocrine
disruptors, visit: http://www.serconline.org/endoDisrupt.html.
 
HEADLINER: Michigan Bills Would Implement Permit Process for Water
Withdrawals (Ann Arbor News 3/3)
http://www.mlive.com/news/statewide/index.ssf?/base/news-3/1078312358614
10.xml
 
Two Michigan legislators said today that they are ready to introduce
legislation that would, for the first time, regulate the amount of water
that can be pumped from wells and surface waters in Michigan. The
Michigan Water Legacy Act, sponsored by Rep. Chris Kolb and Sen. Liz
Brater, would require permits or conservation plans from major users
such as power plants, city water systems, golf courses, and farmers who
grow such heavily irrigated crops as potatoes and seed corn. "The Great
Lakes are being eyed by other states as a potential source of free,
fresh water," Gov. Jennifer Granholm said in a statement announcing that
the bill was ready to be introduced.  "Unless the state takes steps to
better protect and manage our water resources, we will see withdrawals
and diversions of water that threaten ecosystems, our way of life, and
most importantly, our economy." The legislation would require a permit
for any new water withdrawal in excess of 2 million gallons a day or 100
million gallons a year. The permits would be valid for 20 years. The
requirement would not apply to current water users, unless they increase
their usage. After 2009, large users that remained exempt from the
permits would be required to submit water management and conservation
plans. Sen. Brater cited recent studies by the U.S. Geological Survey,
which indicate groundwater pumping has lowered the water table so far at
some locations that underground aquifers that once fed Lake Michigan are
now actually drawing water away from the lake. "This is a very urgent
situation," Brater said. "We've withdrawn so much water from our
aquifers that the lakes are flowing backward to fill them up." For more
information about regulating water withdrawals in your state, visit:
http://www.serconline.org/groundwaterWithPermit/pkg_frameset.html.
 
WATCHDOG: Something Stinks in the Iowa Legislature
  
The Iowa House Committee on Environmental Protection has introduced HSB
695, a bill that would limit the ability of the state to regulate the
air quality of CAFOS, or Concentrated Animal Feeding Operations. The
bill restricts the ability of the state to create stricter standards
than those of the U.S. Environmental Protection Agency and sets
standards for ammonia, hydrogen sulfide, and odor at standards that will
not allow for any enforcement. Ammonia and hydrogen sulfide are two
components of CAFO air pollution that can be quite dangerous. Both gases
at levels of 20 ppb (parts per billion) can cause eye and respiratory
system irritation and can be dangerous to persons with a weakened immune
system. The levels that would trigger enforcement under HSB 695 are
levels as high as 70 ppb of hydrogen sulfide for 14 consecutive days and
1700 ppb of ammonia for 14 consecutive days. Air emissions, including
noxious odors, from CAFOs can be detected up to six miles away and have
been shown to decrease neighboring property values and to decrease the
quality of life for neighbors of CAFOs . Last year, the Iowa Department
of Natural Resources handed down more stringent ambient air quality
standards for both hydrogen sulfide and ammonia, which were quickly
repealed by the legislature. This is clearly an attempt by owners of
CAFOs to circumvent their responsibility for their less than stellar
environmental practices. This smells similar to an amnesty agreement
offered by the EPA, in June 2003, which let some of the largest CAFO
owners avoid prosecution for current violations of the Clean Air Act in
exchange for a self-run study to look into the issue. HSB 695 should be
stopped before it is brought to the full legislature, and sensible
standards, which protect the workers and neighbors of these
environmental disasters, should be put in place. For more information on
air emissions from CAFOs, visit:
http://www.serconline.org/cafoAirEmissions.html.
 
NEWS FROM THE STATES:
 
California Sprawl Initiatives Falter (San Francisco Chronicle 3/3)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/03/03/BAG1A5D1C91.
DTL
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/03/03/pol
itics0344EST0053.DTL  
 
Two separate county initiatives to curb sprawl failed last week, as
voters rejected a number of proposed referendum questions. In Contra
Costa County, voters rejected a measure that would have outlawed huge
stores in unincorporated areas, a move that could affect plans by retail
giant Wal-Mart to bring 40 supercenters to California. Last year, the
Board of Supervisors voted, in a pre-emptive move, to ban the box-style
development, but a campaign was waged to bring the issue to ballot.
Supporters of the ban argued local officials should be able to determine
the type of development that occurs in their community. In San Diego
County, voters rejected the Rural Lands Initiative, which would have put
a 20-year ban on the subdivision of more than 1,000 square miles of
"backcountry" -- an area of dry hills, farms, and brush-covered
mountains. The county rejected a similar measure in 1998. Four
California counties have passed similar measures. For more information
on how your state can curb sprawl, visit:
http://www.serconline.org/sprawl/pkg_frameset.html.
 
Maryland Computer Recycling Bill Advances in Legislature (NCEL 3/3)
http://www.ncel.net/
 
Maryland HB 109, a bill to develop a comprehensive plan and funding
mechanism for computer recycling, was approved last week by the state
House Environmental Matters Committee. "Developing this plan is a
critical step to protect the environment and public health," said
Delegate Maggie McIntosh, Chair of the House Environmental Matters
Committee. "This is a long-term and complex problem, one that we must
begin to tackle now." Irresponsibly discarded computers represent one of
the fastest growing toxic waste streams in the U.S.; it is estimated
that there will soon be 300 to 600 million obsolete computers across the
country. Computers contain lead, mercury, cadmium, and flame retardants,
and are potentially highly toxic when discarded in landfills and
incinerators. Maryland public health officials who support the bill say
it will help prevent future illnesses. Delegate Dan Morhaim, who
introduced the legislation, is the only physician in the Maryland House
of Delegates. The bill now goes before the entire MD House of Delegates
for consideration. For more information on what your state can do to
prevent the growing problem of electronic waste, visit
http://www.serconline.org/ewaste/pkg_frameset.html.
 
New Mexico: City of Albuquerque to Protect Xeriscaping (Albuquerque
Tribune 3/3)
http://www.abqtrib.com/archives/news04/030204_news_council.shtml
 
Albuquerque city councilors say they are looking after the public
welfare by encouraging water-saving xeriscaped lawns. The council voted
6-3 in favor of a bill that prohibits covenants against xeriscaping from
being enforced. Councilor Martin Heinrich, the bill's sponsor, says it
simply gives property owners the right to choose whether they want to
xeriscape their lawns. In recent years, at least two homeowners have
been sued by property owner associations for ripping out their turf to
xeriscape for water conservation. City Attorney Bob White said the
council can legally restrict covenants when a greater public interest is
involved. In this case, Heinrich said, the interest is in protecting the
city's water supply. Covenants are often established to govern the
appearance of homes in real estate developments, with the intent to give
neighborhoods a uniform look and prevent the appearance of deterioration
and ultimately protect property values. Several people spoke in favor of
the ordinance. "We feel every homeowner ought to have the right to
choose if they want to water a lawn," said Sander Rue, vice president of
the Rancho Sereno Neighborhood Association. "We feel, if Albuquerque
residents wish to conserve water, they should have the right to do that.
People should be able to choose their own landscaping," Defenders of
Wildlife water counsel Kara Gillon said. The bill becomes law 90 days
after it reaches Mayor Martin Chavez's desk. Chavez is expected to sign
it.
 
Oregon Adopts More Stringent Water Quality Standards (Statesman Journal
3/3)
http://news.statesmanjournal.com/article.cfm?i=76343
 
A successful lawsuit brought against the state by Northwest
Environmental Advocates of Portland has prompted Oregon to pass tougher
water standards intended to protect endangered trout and salmon. While
old standards used a uniform temperature for all waterways and all
seasons, new standards adhere to optimal water temperatures that vary
throughout the year and in different tributaries for different
endangered species. Discharges from all pipes and nonpoint pollution
sources will be affected. The new rules will be effective immediately,
but cities and industrial sites are only required to demonstrate
compliance when they renew their water quality permits (about every five
years). Some environmentalists and others are concerned that the change
will do little to improve the health or populations of the endangered
fish they seek to protect. These concerns stem from the fact that the
state lacks stringent standards for where to conduct temperature
measurements, as well as disagreements over optimal temperatures for
spawning fish. The new rules will not require a substantial temperature
change for many waterways, and some argue that the state is limiting
environmental protections in favor of business interests. "Political
powers do not want to be more restrictive on logging and farming and
grazing," said Nina Bell, executive director of the group that filed the
lawsuit. "So we've seen governor after governor, along with
legislatures, not doing anything to change the status quo."
 
California County Voters Ban Biotech Crops (Press Democrat 3/3; Mercury
News 3/4)
http://www.pressdemocrat.com/local/vote04/local/03gmo_a1.html
http://www.mercurynews.com/mld/mercurynews/business/8103136.htm 
 
Mendocino County voters enacted the first ban in the nation to bar
genetically modified crops and animals last week. Pushed by organic
farmers, who admit the move is largely symbolic at this point, Measure H
was approved by a margin of 56% to 44%, and appears to have set a
precedent that other counties may try to emulate. Groups in Sonoma and
Humboldt counties already are preparing drives to qualify similar
initiatives on the November ballot. It appears, however, that local
opponents and CropLife America (a consortium of agri-business interests)
are poised either to file a lawsuit to overturn the ban or advocate for
statewide legislation that would nullify the county ban. For more
information on genetically modified organisms, visit:
http://www.serconline.org/geneticallyEngineeredFood.html. 
 
Alaska Bill Gives Priority to Fish and Game Consumption (Anchorage Daily
News 3/2)
http://www.adn.com/alaska/story/4805037p-4746452c.html 
 
Alaska Sen. Seekins has introduced a bill that would give priority to
fish and game consumption, in conflicts over how to allocate natural
resources. The bill would instruct the department and the boards of fish
and game to give more weight to consumption of fish and game, rather
than uses such as wildlife viewing and research, in making management
and allocation decisions. However, some officials question the full
intent of the bill and what consequences the commercial fishing and
tourism industries may face as a consequence of the bill. Wayne Regelin,
deputy commissioner of the Department of Fish and Game, said department
staff strongly support hunting and fishing, but they have concerns about
Seekins' bill. Making it a "fundamental right" could hamstring the
department's ability to regulate the activity, including requiring
licenses and enforcing trespass laws. Sen. Seekins said telling the
department to view hunting and fishing as a right when deciding
management and allocation does not mean the activity could not be
regulated.
 
Arizona Bill Would Have State Pay for Tank Cleanups (Arizona Republic
3/2)
http://www.azcentral.com/news/articles/0302leakingtanks02.html
 
Arizona taxpayers would foot the bill for cleaning up leaking
underground storage tanks for the next six years, whether they belong to
large oil companies or mom-and-pop operations, under a bill that is
advancing at the state legislature. Tank owners would have to report any
leaks by July 2006 and file their claims by 2010. The 1-cent-a-gallon
gasoline tax that has been paying for the cleanups would expire in 2011,
leaving tank owners and operators responsible for their own cleanups
after that date. Although HB 2677 passed the House Environment Committee
on a unanimous vote, several committee members had reservations. Rep.
Ken Clark questioned why the state would not follow its current policy,
upheld by a Maricopa County Superior Court judge in January, which puts
primary financial responsibility on the tank owner. He was referring to
a case involving Bennett Oil, a Prescott firm operated by Senate
President Ken Bennett and his family. Bennett Oil applied for
reimbursement from the State Assurance Fund for costs related to
cleaning up leaking gas-storage tanks. The Arizona Department of
Environmental Quality (ADEQ) rejected the claim, noting that the firm
had insurance coverage for those expenses. The case revolved around a
shift in how the ADEQ treated cleanup claims. For years, the agency used
the State Assurance Fund as the primary source of cleanup dollars. But
that changed with the Bennett Oil case in 2002, when agency directors
questioned why taxpayers should be paying for costs covered by tank
operators' insurance. Since then, the agency has rejected 111 such
claims from other companies, saving taxpayers $5.2 million.
 
WA: Agency Wants Orca Added to State's Endangered Species List (Seattle
Post-Intelligencer 3/2) 
http://seattlepi.nwsource.com/local/162785_orcas02.html
 
Due to an alarming decline in the Puget Sound's orca population, the
Washington Department of Fish and Wildlife wants the whales added to the
state's list of endangered species. A shortage of salmon, their favorite
food, combined with high levels of toxic substances in the orcas and
harassment by overzealous whale watchers are blamed for the decline.
Although the National Marine Fisheries Service ruled in 2002 that the
animals were not eligible for federal endangered species status, local
advocates of listing the orcas at the state level believe that the state
is taking the right steps to help protect remaining whales. States have
assumed an increasingly prominent role in issuing and enforcing
environmental protections, and the listing of Washington whales could
prompt stricter monitoring of water pollution violations. State-level
listing could help raise national awareness over the orca decline;
Canada has already listed the species as endangered. Washington's Fish
and Wildlife Commission is expected to issue a decision over whether to
list the animals early next month. For more information on how your
state can act to protect declining species, visit:
http://www.serconline.org/esa/index.html. 
 
IL: Lawmakers Want to Reverse Bush Administration Air Standards (Lincoln
Courier 3/2)
http://www.lincolncourier.com/news/04/02/25/c.asp
 
Illinois state lawmakers are sponsoring bills to reverse the Bush
Administration's changes to clean air regulation in their state, because
the loopholes President Bush added to the Clean Air Act in 2002 have
hurt the people of Illinois. "It's not rocket science; air pollution
causes disease," said Brian Urbaszweski of the American Lung
Association. Pollution in Illinois is linked to 1,700 deaths and 33,000
asthma attacks every year, he added. Sen. Barack Obama and Rep. Elaine
Nekritz sponsored HB 6555 and SB 3147, which would set Illinois clean
air policy at the levels required in 2002, before the Bush
Administration's changes. The Bush Administration's changes scale back
the requirements for Illinois' 22 coal-burning power plants to update
their air-cleaning technology, by allowing polluters to pick the highest
emission level from the past 10 years at a  facility -- instead of the
past two years -- as the maximum level of pollution allowed, and
changing the requirements for installing pollution reduction technology.
Before the federal government can order a technology upgrade, plants
must do a major renovation, costing more than 20 percent of the value of
the property. For more information on cleaning up power plants, visit:
http://www.serconline.org/clean/pkg_frameset.html. 
 
NM: New Laws Promote Green Energy (Santa Fe New Mexican 3/5)
http://www.sfnewmexican.com/main.asp?SectionID=2
<http://www.sfnewmexican.com/main.asp?SectionID=2&SubSectionID=7&Article
ID=41437> &SubSectionID=7&ArticleID=41437 
 
New Mexico Gov. Bill Richardson signed several bills into law this week
to help boost green energy in his state. The first law was a provision
requiring utilities to produce 10 percent of their energy through
renewable sources by 2011. The law also gives utilities authority to
create green-power programs that allow individual customers to buy and
sell renewable energy at a premium price. The other new laws create tax
incentives for people who buy energy-efficient vehicles and support
renewable energy development. One measure allocates about $200,000 for
efforts to spur and organize hydrogen research and development and
another allots $500,000 for renewable energy-saving upgrades to state
buildings, schools, and nonprofit organizations. In addition, the
legislature appropriated about $2.6 million out of the governor's budget
for energy upgrades at state and school buildings. The governor had
requested $6 million. Several of the governor's proposals died in the
legislature, including a bill that would have created a bonding
mechanism to promote energy-efficiency upgrades, which pay for
themselves in lower utility bills. For more ideas on how your state can
promote green power and energy efficiency, visit:
http://www.serconline.org/cleanenergy.html.
 
FL: Battle Looming over Manatee Protection, Boat Speed Limits
(News-Press 3/5) 
http://www.news-press.com/news/local_state/040227manatee.html
 
In an effort to continue to protect manatees, a federal- and
state-listed endangered species, the U.S. Fish and Wildlife Service
(USFWS) reinstituted state boat speed limits in certain waters, ignoring
a ruling by Twentieth Circuit Senior Judge Jack Schoonover, which held
that state speed zones in five areas of the county were
unconstitutional. The USFWS acted in response to the ruling, stating
that the zones in question are critically important manatee protection
areas. Some boaters and county officials are upset and are seeking
further legal recourse. Environmentalists praised the decision, citing
the dangers to manatees from speeding boats. The vegetation and shallow
waters that attract manatees are also great fishing areas. Getting to
their feeding sites often takes manatees down narrow streams. Manatees
are not fast swimmers and they surface every few minutes for a breath of
air. Most adult manatees bear the telltale scars of past encounters with
boat propellers. Many manatees are killed by such accidents. There are
currently no speed restrictions in the manatee protection zones in
question. For more information on how your state can protect endangered
species, visit: http://www.serconline.org/esa/index.html.
 
MN: Senate Bill Offering Bounty for Mercury Advances (Pioneer Press 3/5)
http://www.twincities.com/mld/twincities/news/local/8100059.htm
 
The Senate Environment and Natural Resources Committee in Minnesota
passed a bill this week making it easier to recover and recycle mercury
from switches in automobiles. Mercury is a potent neurotoxin, no level
of which is safe to release into the environment, and can pose a serious
public health threat. The bill shifts the burden of removing the mercury
from automakers to the state Office of Environmental Assistance, but
still has automakers pay administrative costs and a $1 bounty for each
mercury switch or pellet recovered. The committee also simplified the
paperwork expected of recyclers by requiring them to keep track only of
the number of cars and switches. While the mercury contained in the
switches is a relatively small portion of the mercury used in Minnesota,
the committee sees a good opportunity to capture the mercury before it's
wasted. They and industry representatives contend auto salvagers don't
recover nearly as many mercury switches as they should because they see
little financial incentive to do so. When vehicles with the switches are
shredded and smelted, mercury is released into the atmosphere, with some
of the neurotoxin eventually getting back into the food chain. For more
ways to curb mercury releases in your state, visit:
http://www.serconline.org/mercury/pkg_frameset.html.
 
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Please submit items to [email protected]
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Phone: 608/252-9800
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