Conservation and Legislation 2010

by Andy Mason


This year's contents: January February March
Archives: 2009 2008 2007 2006 2005 2004


March 2010

Endangered Species Act Changes in the Works —

The Obama administration has indicated its intention to propose changes to the Endangered Species Act (ESA) this year. For over 35 years, the ESA has been a safety net for our nation's wildlife, fish, and plants on the brink of extinction. It is critical to keep this law strong so that it can continue to protect wildlife and wild places.

Improvements to the ESA are certainly in order. The long backlog of species awaiting action has existed for decades now, and some species have actually disappeared while caught in the regulatory quagmire.

The US Fish & Wildlife Service is seeking public comment on what changes are needed to the act. This provides an opportunity for conservationists to express their views on the importance of the law, and how to strengthen it, but it also gives industries that would like to see the ESA disappear the same opportunity.

At least one group whose board members represent the National Mining Association and the American Forest & Paper Association, among others, is already pressuring the Obama administration. Other extractive industries and development interests can be expected to push for reducing the role of science, and increasing the weight given to economics in Endangered Species Act decisions. This would represent a return to the misguided policies of the George W. Bush years.

It is important that we let the administration and Congress know of the broad support Americans have for the ESA, and the success stories it has brought about in preventing extinction of species such as the Bald Eagle and Peregrine Falcon.

At the same time, the lack of funding for recovery plans, and continuing political involvement in listing decisions must be emphasized.

What you can do —

Contact US Fish and Wildlife Service Director Sam Hamilton and urge that endangered species protections be strengthened by:

Insist that the administration oppose any regulations that weaken endangered species protections. In particular, ask that federal agencies thoroughly consult with the U.S. Fish and Wildlife Service when their actions may increase the climate change impacts on endangered species.

For the maximum impact, send copies of your letter to President Barack Obama, Interior Secretary Ken Salazar, and your Congressional representatives and US Senators.

Addresses: Director Sam D. Hamilton, U.S. Fish and Wildlife Service, 1849 C Street NW, Washington, DC 20240, and Secretary Ken Salazar, Department of the Interior, 1849 C Street NW, Washington, DC 20240.


February 2010

Wetlands Protection Still Lacking in New York —

One of the least publicized, but worst anti-environmental actions in recent years was the 2006 US Supreme Court decision determining that the Clean Water Act did not apply to small, isolated wetlands not directly connected to larger waterways. This came about as a result of a lawsuit by the City of Chicago regarding permits required for construction.

This decision affected wetland protection nationwide. In NY State, the practical effect was to leave wetlands under 12.4 acres completely open to filling or draining, without any oversight. The 12.4 acre (10 hectare) threshold is part of NY’s freshwater wetland law. Areas smaller than this were in federal jurisdiction that now does not exist.

The conservation values of these small wetlands are significant. In addition to providing essential wildlife habitat, they reduce the extremes of flood and drought, by serving as natural sponges to retain and release waters. They also cleanse water by filtering and sequestering pollutants. Although the individual areas are not impressive, in sum, they make up a significant portion of the nation’s remaining wetlands.

This gaping loophole is recognized by conservation groups, and legislation has been drafted to give NY State authority to regulate these important areas. These bills have passed the State Assembly for several sessions, by significant majorities. However, they have never reached the floor of the State Senate for a vote. The longer this situation continues, the more wetlands will disappear in the state.

What you can do —

Contact your state legislators and Governor Paterson, and let them know NY must step up and protect these critical wetland areas. The policy of the state is that wetlands are an important and irreplaceable resource. We need the legislature to take action this year.


January 2010

Year-End Review —

This is the season for looking back on the past 12 months, so let’s see how the environment fared in 2009.

Federal — President Barack Obama took office in January amidst great hopes from the conservation community for a new approach to the environment. Obama had focused on energy issues and climate change during the campaign, but he did not have a long environmental resume.

After nearly a year, the best that can be said is that the record of his administration is mixed. As we know, Washington has been preoccupied with a depressed economy and battles over health care legislation, so perhaps the President has not yet been able to devote significant attention to the environment. He shortly will be attending the Copenhagen summit on climate change and has signaled his intention to commit to relatively strong limits on greenhouse gas emissions. If these are real measures, it will be a significant change from the Bush administration’s rhetoric on the issue.

The President’s choice to head the Interior Department, Ken Salazar, has been a disappointment. One of his first actions was approving the transfer of wolf management to several western states that immediately began an all-out assault on this still at-risk species. Most recently Idaho announced plans to kill 220 wolves this hunting season alone. Salazar has ignored broad public support for wolf protection.

On the plus side, the Obama administration has moved to reenact the Roadless Rule that protects undisturbed areas in the national forests. This hard-fought rule had been unraveled during the Bush years.

Congress has moved ahead positive legislation on limiting greenhouse gases, and shifting the nation toward renewable energy. This summer the House passed a cap-and-trade global warming reduction plan to reduce economy-wide greenhouse gas emissions 17 percent by 2020. This legislation also included renewable requirements for utilities, and incentives for energy efficiency in homes and buildings. The Senate has yet to act on energy legislation, and likely will not do so until 2010.

NY State — As with a new administration in Washington, hopes were high in Albany, as Democratic majorities controlled both houses of the state legislature for the first time in decades. Many beneficial environmental measures had been stalled in the Republican Senate, and environmentalists looked forward to breaking this long logjam.

However, politics reared its ugly head, and the closely-divided Senate devolved into a chamber of legislators switching teams for personal gain, with parliamentary maneuvering and legal action resulting in a stalemate for most of the 2009 session.

One bright spot to come out of this mess was passage of the Bigger, Better Bottle Bill that added water bottles to the state’s container deposit law. Although delayed for several months by court challenges, the measure is now in place, and will reduce litter and promote recycling in the state.

Also passed by the legislature and signed into law by Gov. David Paterson was the Green Jobs/Green New York Act described in last month’s column. The bill creates jobs that will reduce energy use and costs for citizens and small businesses. It also includes revolving loans and green jobs training programs for weatherization projects.

Still in limbo in Albany are bills to protect smaller wetlands, to deal with growing e-waste, and to require cleaner diesel fuel.

Local — Although technically a state matter, the action by the NY State Department of Environmental Conservation to ban open burning of trash statewide had its genesis and much of the effort to bring it about right here in Otsego County and surrounding areas. Banning burn barrels has long been a struggle for local environmentalists, and activists such as Martha Clarvoe, Michael Whaling, Mary Ashwood and others kept this public health danger in front of decision makers. Local and state legislators ignored the toxins rural residents were exposed to, and DEC is to be commended for finally taking action.

Also on the local scene, plans to explore and produce natural gas from hydro-fractured wells is proceeding. The consensus of environmental groups, including DOAS, is that this activity cannot be carried out safely, even with strict oversight—which is unlikely under the state’s planned regulations.

What does 2010 hold? — With economic recovery a large question mark, and other matters such as health care and continuing military actions dominating government, it is difficult to predict.

There is momentum for action on climate change and energy in Washington, but how that will translate into legislation remains to be seen.

If the state legislature can resume some sort of normal function, it may make some progress on environmental issues, but the deep state financial deficit could override everything else.

Thank you for your efforts for our natural world over the past year — we all look for a brighter future!


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