Op-Ed columns written by Pat Byington ( pkbyington@aol.com ) and reprinted from the
Birmingham News, Mobile Register and/or Florence Times Daily:The Presidency Begins - Environment policy. The Roosevelt legacy in danger
Aniston Star - Januarty 21, 2001No Brainers - Some issues should be no-brainers for legislators to address. Right? Well, maybe not.
Mobile Register - May 7, 2000Timber Crossfire - A Choice Between Two Rivalries
Mobile Register -July 27, 1997Alabamians don't appreciate the wonders of their state
Birmingham News - July 27, 1997Forever Wild
Birmingham News - February 1997State budget cuts
Birmingham News - 1996Proud legacy - Let's celebrate those who have protected Alabama's environment
Birmingham News - April 22, 1996Monty Hall would be proud
Times Daily - February 12, 1996Budget Horrors - Anti-environmental Congress giving away our inheritance
Birmingham News - September 10, 1995Earth Day plays vital role in state
Times Daily - April 22, 1995Ill-conceived property rights bill is costly and dangerous
Birmingham News - March 26, 1995Reducing waste - New proposal addresses environmental issues and federal government spending
Times Daily - February 19, 1995
The presidency
begins: Environment policy.
The Roosevelt legacy in danger By Pat Byington In an interview in this week's edition of the U.S. News and World Report, President George W. Bush stated he would put a portrait of Abraham Lincoln in the Oval Office, because "he dealt with the house divided." As a conservationist, if I had an opportunity
to do any interior decorating in the Oval Office for the new
president, I would place a small picture frame on President Bush's
desk, containing a quote from our country's greatest conservation
president, Theodore Roosevelt. "The civilized people of today look back
with horror at their medieval ancestors who wantonly destroyed
great works of art or sat slothfully by while they destroyed.
We have passed this stage Here in the U.S. we turn our rivers
and streams into sewers and dumping grounds, we pollute the charming
landscapes with hideous advertisements. But at best it looks
as if our people were awakening." Theodore Roosevelt "Outlook"
June 25, 1913. As a nation and especially here in northeast Alabama, there has been an environmental awakening. Last year, after years of hard work and through the leadership and support of Congressman Bob Riley, the preservation of the Dugger Mountain Wilderness was made law. Moreover, Sen. Jeff Sessions endorsed a plan to create the Mountain Longleaf Wildlife Refuge on a portion of Fort McClellan, and Congressman Spencer Bachus helped designate a new Cahaba River Wildlife Refuge. Citizens have "awakened" to a generation's worth of environmental problems. How will the new administration help the Anniston community address the PCB-lead problems? Will they address the chemical weapons incineration and emergency response issues? On the national level, President Bush has
promised to open up the Arctic Wildlife Refuge, a region described
as "America's Serengeti" to oil production. He is also
committed to "devolution" - giving states more of the
Environmental Protection Agency's environmental regulatory responsibilities.
That means the ill-funded and inadequately staffed Alabama Department
of Environmental Management (ADEM) will be given environmental
enforcement jobs it can't afford to take. More in step with Roosevelt's vision, Bush declared his support during the campaign for full and permanent funding of the Land Water and Conservation Fund (LWCF), which will help create more parks and could be used to help double the efforts of Alabama's Forever Wild Program. He has also called for legislation to cleanup brownfields (abandoned industrial areas) and repair our nation's rapidly deteriorating National Parks. Will the new administration undo this historically Republican legacy or will it advance it? If only we could place that small frame with Roosevelt's quote on President Bush's desk as a reminder. No Brainers Some
issues should be no-brainers for legislators to address. Right?
Well, maybe not. Do we want Alabama legislators to allow all terrain vehicles (ATV's) to drive through our rivers and streams? Do we want our elected leaders to permit the dumping of raw sewage and toxins from boats into our lakes? Do we want our legislators to watch our State Parks disintegrate? Do we want our state leaders to stand by and allow our state scenic highways to become small versions of Times Square? These particular environmental issues should be no-brainers for Alabama legislators to address. Right? Well, maybe not. Presently, there has been legislation introduced during the Alabama Legislature's Regular Session to remedy each of these environmental no-brainers. With only a few days left in the session most of them will not even be debated. Why is this? Is it because the Alabama environmental community does not give out loads of PAC monies or swamp the halls of the statehouse with well paid lobbyists? Maybe. But it is a shame that common sense "no-brainer" legislation cannot wind its way through the legislative maze that is the Alabama legislature. Take for example legislation that was introduced by State Senator Ted Little of Auburn on prohibiting ATV's from running wild through Alabama's streams. Not only is the act of driving an ATV through a rocky streambed dangerous for the rider but the environmental damage to stream habitat can be devastating. I have spoken to many field biologists and sportsmen who have witnessed first hand the destruction of some of Alabama's most pristine streams by joy seeking and irresponsible ATV riders. ATV's have even been seen driving through and leaving their mark near the famous Cahaba lilies in the Cahaba River. It is the responsibility of the state of Alabama to protect the "waters" of the state. Sen. Little's no-brainer legislation will protect water quality and preserve habitats for endangered and threatened species. Continuing on the issue of water quality, most people are astonished to find out that under existing Alabama law, the discharge of sewage from vessels is not regulated. In plain English, that means in most cases it is legal in Alabama to dump raw untreated sewage from boats into our lakes and rivers. Senator Pat Lindsey of Baldwin County and Representative Mike Dean of Mobile have introduced no-brainer bills to regulate and stop wastes from being dumped into Alabama's waters from thousands of boats statewide. This particular bill has been introduced off and on for the past 6 years without ever going beyond the committee stage of the legislative process. Incredibly, the state agencies and boaters have never been able to come to an agreement on this no-brainer. Meanwhile, everyday from the Tennessee River to the Mobile Delta, boats can legally pollute our water. Politically, one would think the Alabama Legislature should have no problem passing legislation to fix and renovate our State Parks, especially after Alabama voters approved and authorized the sale of bonds to do so by nearly an 80% popular vote in 1998. Unfortunately, this no-brainer has been mired in a political struggle for the past two years. Legislators and the administration have been squabbling over the makeup of the oversight commission and how to fund and appropriate the bond monies for the parks. Meanwhile, Alabama's State Parks are becoming more and more dilapidated and an embarrassment despite the valiant efforts of State Park staff. Let's hope the wishes of four out of every five Alabama voters can help pass this no-brainer. One no-brainer that does look like it has a chance to pass this session of the Alabama legislature is the "Alabama the Beautiful Act" introduced by Sen. Wendell Mitchell of Luverne and Rep. Jack Venable. This new program would create an Alabama Scenic Byways program to establish designation criteria and standards to protect designated special scenic roads from unsightly and gaudy signs along Alabama highways. This program will be a boon for ecotourism and Alabama's image. Last week, the protection and preservation of Alabama's natural resources and environment received a big boost from Governor Don Siegelman. Through an executive order, the governor has created the Governor's Commission on Environmental Initiatives. Some positive and proactive actions should be in store for Alabama's environment. As the regular session of the Alabama legislature finishes up its work next week perhaps legislators in both houses can take their own initiative and pass these no-brainer environmental bills. Timber Crossfire - A Choice Between Two Rivalries We love rivalries in Alabama. In football it's Alabama vs. Auburn. In politics it's the Trial Lawyers vs. the Business Council of Alabama. On issues concerning the environment, it's environmentalists vs. the timber industry. Most of the disagreements between environmentalists and the timber industry are genuine. The environmental community is deeply concerned and rightfully so, about over-harvesting of timber, chip mills, clear cutting and permanent loss of habitats and endangered species. The industry appropriately, fears new ineffective regulations and long term economic instability. Alabama possesses more than 21.9 million acres of forestland. Of that amount about 75 percent of it is owned by 214,000 non-industrial private landowners. These are everyday folks who are not affiliated with the timber industry. The remaining 25 percent of Alabama's forest land belongs to industry who holds 20 percent and the public who possesses through parks and national forests 5 percent. It is in the interest of both sides, environmentalists and the timber industry, to see non-industrial landowners, the caretakers of three - fourths of Alabama's forests succeed. Unfortunately these forest owners are just one of the groups caught between this rivalry's crossfire. This does not have to happen. Recently, the Alabama Environmental Council has been promoting a new platform throughout Alabama that has been accepted by people in industry, the forestry community, environmentalists and policymakers. The platform is based on 4 simple words, "dumps", "theft", "taxes" and "cooperation". Dumps - One of the greatest threats to private property rights and the environment in Alabama are illegal dumps. These dumps are ticking time bombs. They endanger public health and destroy people's drinking water, forests and property values. It is conservatively estimated that each county in Alabama possesses upwards of 100 dumps or more. That's at least 6700 dumps! Incredibly Alabama does not have a strategy to combat this environmental disaster. We do not have a state cleanup fund and the penalty for creating an illegal dump in most cases costs less than a speeding ticket. If we are going to protect our forests, we must develop a battle plan to prevent and cleanup these blights on our landscape. Theft - Timber thieves do not obey environmental laws or display any kind of conservation ethic. Environmentalists abhor timber theft as much any forest owner. In the mid-90's we have seen a rise in timber theft , most likely as a result of large cutbacks in the Alabama Forestry Commission's budget. In 1996, the Commission spent over 31,000 hours investigating timber theft cases. Cutbacks have reduced the agency's ability to keep up a strong presence in some communities and hampered its law enforcement capabilities. Once again the environmentalists and the timber industry find themselves on the same side. We can protect hundreds of Alabama forest owners if we can all work closely with law enforcement and give them the tools to protect the forests. Taxes - A simple mission statement: No family should ever be forced to clearcut their forests to pay taxes because of the death of a loved one. For example, according to Henry Barclay III, a Birmingham accountant who specializes in financial planning for forest owners, he has been associated with approximately 30 cases a year of forest owners having to liquidate portions of their forests, to pay gift or estate taxes. Multiply his experience statewide, we are talking about an epidemic. The inheritance tax system on forests is extremely complicated if not frightening to most people. That is one reason people fail to plan. When people have to clearcut their forests to pay inheritance taxes it destroys not only the environment but also families. The solution to the forest inheritance tax issue is enacting that simple mission statement as a national principle and law. Cooperation - In 1992, environmentalists and the timber industry were at war over the Alabama Sturgeon, an endangered fish found in the Mobile River Basin. It was being branded as the "Alabama spotted owl". Unfortunately, tempers rhetoric and eventually lawsuits prevailed. As a result of the sturgeon experience several groups on both sides learned that no one wins such battles in the long run. Remarkably in the last 3 years these groups have chosen various cooperative efforts over showdowns on endangered species. For example, today there are diverse coalitions working to bring back Black Bears and to save the Red Cockaded Woodpecker. There is even a group named the Mobile River Basin Coalition whose main objective is to create a recovery plan to save 16 species in the Basin. Instead of being reactionary on endangered species issues, both sides are acting proactively together, educating themselves and working cooperatively to preserve species in Alabama. It seems that there are usually two paths a rivalry can follow. One can be destructive where both sides are eternally immersed in a sea of name-calling and distrust. No one wins and gridlock prevails. In Alabama, our environment and fellow citizens would lose. The second path is also one of fierce passion and opposition. But if the two rivals learn from each other without abandoning their core principles, I have found progress can be made. It is like the Alabama/Auburn football rivalry. In the pursuit of excellence and winning that particular rivalry, both sides have built legendary and successful programs without destroying each other. The entire state wins. Enacted the Alabama Environmental Council's forestry platform will help forest owners succeed environmentally and financially, clean up and protect our forests, prevent poor forestry practices and through education and cooperation protect our rich natural heritage. Which kind of rivalry and path will Alabama take? Alabamians don't
appreciate the wonders of their state "All things bright and beautiful all creatures great and small. All things wise and wonderful the lord God made them all." While I stood singing the lyrics of this old traditional Christian song at St. Andrew's Episcopal Church in Birmingham last week, a flood of thoughts and emotions came over me. The day before, my organization, the Alabama Environmental Council, had dedicated Monte Sano State Park and Mountain in Huntsville, as one of Alabama's 10 Natural Wonders. The event was the highlight of a Campaign my group had worked on for over a year. I remembered from that day the words of a small boy who went on a hike of Monte Sano after the ceremony. With a special glow in his eyes he said, "This is the first real life waterfall I've ever seen that was not on T.V.... You know I really like it out here". I also thought of Anne Miller, the Executive
Director of the Alabama Wildlife Rescue Service. She gives an
eloquent presentation about how sterile modern life can be without
nature. In her pleasant manner she describes modern life as if
we were spending it in outer space. We wakeup, get in our cars
which are like space capsules, end up in our office all day and
then go back home. Meanwhile we are closed off from the world
around, literally buckled up in an automotive spaceship, admiring
nature through the window. In Alabama all things are "bright and beautiful", but sometimes I feel we don't fully recognize or appreciate the wonders that have been bestowed upon our state. In the song these wonders are listed... "the purpleheaded mountains.... the rivers running by". If we were to list the wonders in Alabama the church service would never end. We truly reside in the heart of the South. And like a heart everything flows through Alabama. All of the rivers, geological land masses and geographical terrains in the South, leave their marks on our state. Because of this variety, we are blessed with many different kinds of animals, flora, forests, insects, mollusks, and fishes. For example , according to the Nature Conservancy of Alabama, more species per acre live in Alabama than any other state besides Florida and Hawaii. The Mobile River Basin, which begins in Mobile Bay and ends north of Birmingham, is one of the most abundant basins in North America. Unfortunately, according to the U.S. Fish and Wildlife Service more species have gone extinct in this basin than any other area in North America during the 20th Century. Despite this disturbing fact, the basin continues to possess an abundance of species and wildlife that ranks with the tropical rainforests in diversity. If you were born into the Rockefeller family or to the Queen of England you would soon recognize, experience and protect that enormous wealth you would have inherited. In Alabama, through our natural heritage inheritance, we are all wealthy beyond our wildest dreams, and many of us don't even know it. Six years ago, I was speaking to a college prep senior biology class at my high school alma mater, Sheffield High in Sheffield Alabama. During my presentation, I asked the students if any of them had been to the Sipsey Wilderness in the Bankhead National Forest. Incredibly, not one student had even heard of the place. The Sipsey, which is located in Northwest Alabama about 30 miles from Sheffield is an old growth forest, mixed with canyons, and waterfalls. It is in my opinion one, of the most beautiful places on earth. How can we ever protect and preserve Alabama's environment if we don't even know the treasures that are right in front of us? In Alabama we need to start cherishing our natural heritage. Many groups are working hard every day to make this happen. For example, the Alabama Environmental Council started its Natural Wonders Campaign, to help build community support, educate and promote ten of Alabama's top Natural Wonders. In Birmingham, the Ruffner Mountain Nature Center on the east side of town is an "uncovered gem", a beautiful natural forest that is found in the midst of all our streets and and busy urban life. The Cahaba River Society takes children and adults out on the Cahaba River, a river many of us only see from the overpasses from our cars or read about in the newspaper. At the end of the song we are charged: "He gave us eyes to see them and lips that we might tell, how great is God Almighty, who has made all things well. " With a strong sense of appreciation and responsibility, we need to take up that challenge and start cherishing, preserving and protecting our state's environment. Then we will begin to experience "All things bright and beautiful" in Alabama. Forever Wild Frustration. That's the word that best describes some of the citizens who attended the recent Forever Wild Land Trust public meeting on February 6th in Guntersville, Alabama. Why haven't you bought Pisgah Gorge? The Walls of Jericho in Jackson County Alabama? What's happening? Before I try to answer those questions, let me give you a little background on the Forever Wild Land Trust program. Six years ago some remarkable people did something that happens far too rarely in Alabama. People of diverse interests sat down and worked toward a common goal for the common good. Business people, environmentalists, sportsmen and governmental leaders educated themselves and crafted a carefully worded constitutional amendment to enable our state to purchase special lands for the public's benefit. They recognized that Alabamians needed more public land for parks, wildlife, recreation, hunting and preservation. It was an unbeatable coalition that included people of diverse points of view, lifestyles and visions. The spirit of Forever Wild was born. In November of 1992 the people of Alabama responded in kind by passing the Forever Wild Land Acquisition Constitutional Amendment by an astounding 84% popular vote. In the history of this nation, no other conservation measure has received such an overwhelming mandate from the public. The commitment was substantial. For the next 20 years, monies will be made available from interest income generated from oil and gas leasing in the Gulf of Mexico to purchase land. Like any new program there have been kinks in the system and disagreements on direction and priorities. For example, board appointments have been questioned. There have been contract disputes and other issues between the state Lands Division and The Nature Conservancy related to the Alabama's Natural Heritage Program (the group that prioritizes land to be bought for the program as nature preserves.). Questions regarding making certain meeting public have arisen. Should the media and the public be able to attend meetings of board members where confidential land negotiations may be discussed? All of these issues can be solved. In the case of the board appointments, a judge will have to interpret the law. People on both sides of the Heritage Program dispute are currently trying to reconcile. A middle ground will be found on the issue of public access that serves both the public's right to know and the public interest. Meanwhile, why hasn't Forever Wild bought more land for parks, wildlife, hunting and preservation? Answer: It's pretty darn difficult. Forever Wild lands are not bought in a vacuum. There has been a well thought out process of checks and balances that has been enacted to insure the best lands are bought and the public's interests are served. The following is a road map to that process. Nominate Land - Anyone can nominate land to be considered for the Forever Wild Program. It is the starting point. Once a piece of land is nominated, the Department of Conservation staff must investigate whether the owner(s) of the land are willing to sell. If they are not willing to sell, the process stops right there. The law requires Forever Wild to purchase lands from only willing sellers. Start Scoring - If the land has been nominated and has a willing seller it then can be "scored" by Natural Heritage biologists and other Department of Conservation experts. These scores are broken down into 4 separate categories, Wildlife Management, Nature Preserve, Recreational Area and State Park. For example lands adjacent to a state park most likely would be scored as state park, while wetlands or swamp land down on the coast could be scored as a nature preserve. The Forever Wild board will then use the scores to set priorities on which lands to buy. Appraisals and Negotiations - With good data in front of them, the board can then decide to direct the Land's Division to negotiate and and obtain appraisals on the land. These appraisals are not cheap but they must be done. By law, the board can not spend more than 125% of the appraised value of the land. This ensures the best deal for the public's investment. Purchase and Stewardship - If all these steps
occur and other factors such as size of the property, costs,
and access just to name a few, are considered to be favorable,
then Forever Wild can purchase the land. To insure good stewardship
of the lands in the future, 15% of the amount of the selling
price must be put into a stewardship fund. At the February 6th meeting there was a breakthrough. The board of trustees authorized the purchase of nearly 5000 acres of land at Indian Mountain in Cherokee county, Coldwater Mountain near Anniston and land beside Fort Tolouse in Elmore county. This almost doubled the amount of land purchased in the first 3 years of the program. While the slow progress, hurdles and missteps that have occurred since the inception of the Forever Wild program are frustrating, it is worth it. I was fortunate to have attended those meetings back in 1991 when Forever Wild was just an idea. I saw that group grow from a bunch of people who mistrusted each other to a broad and diverse group of people focused on improving the quality of life for all Alabamians and the environment. We dearly need that kind of commitment in Alabama. It is the spirit of Forever Wild. It is going to take some work, but with a Forever Wild road map in hand and a deep love of "Alabama the Beautiful", all Alabamians can help us catch that spirit. State Budget Cuts What can be more boring than following the intricacies of all the bureaucratic budgets in state government? Because media attention is focused almost exclusively on the biggies; funding for education, public health and prisons, most folks in Alabama have not paid attention to the huge cutbacks in the funding of the Alabama Department of Environmental Management (ADEM), the Alabama Forestry Commission and the Alabama State Parks System. We better start paying attention. The defunding of Alabama's state environmental programs was the untold story of 1995. Much like corporate giants AT&T and IBM, Alabama's environmental agencies have been drastically downsizing. Unlike the big corporations, who are motivated by profit, cuts in these agencies are more like reductions in essential services such as the police or fire department. Flagrant violations of environmental laws, increased environmental degradation and the inability to protect what is left of the state's natural resources are just a few of the body blows the public suffers as a result of these cuts. What makes these cuts even more difficult to accept is that they have been enacted with little or no public debate, direction or support. A look at Alabama's environmental budgets, raises the following questions: Are Alabamians against clean water? From the looks of our budget, we are. ADEM's 1996 clean water programs have been slashed 15 percent. According to recently released ADEM statistics, these cuts will result in a decline of our rivers, lakes and streams across the state. Check out the data: ADEM's ability to enforce compliance with water protection laws is increasingly becoming an impossible task. Inspections on basic water discharge permits are down 62 percent from this time a year ago. Some ADEM inspectors have been unable to leave the state office for more than four months! As a result of these cuts, ADEM has in effect been forced to take our "green cops" off the beat and place them behind a desk. Are Alabamians for illegal garbage dumps? You get what you pay for. ADEM's Solid Waste Division has had their budget reduced 20 percent this year. There is no money in the bank to clean up illegal garbage dumps and no comprehensive program to prevent the more than 4 million tires Alabamians replace each year from being dumped in our rivers or forests. Alabama's overall financial support for the ADEM amounts to less than one half of one percent of the Annual General Fund, or less than one dollar per person per year. How do we compare with our neighbors? Out of 16 southern states Alabama is dead last. And do not expect Alabama to be passing Mississippi anytime soon. They spend three times more than we do, to protect their land, air and water! What about protecting Alabama's forests? From the looks of our budget Alabama's forests are in jeopardy. In a recent letter to forest owners, Tim Boyce, Alabama's State Forester, outlined the impact deep budget cuts have had upon the Alabama Forestry Commission. For example, the Commission currently can safely staff only 90 fire suppression units out of 127 across the state. This summer we will be playing "Russian Roulette" with people's homes and property, hoping that a fire will not break out in the wrong place. If you are not concerned about fire, you should care about fewer Forestry Commission law enforcement personnel looking out for timber theft. Because the state has a large number of absentee forest owners, many people depend on the Forestry Commission to prevent timber theft by having a presence in communities and enforcing the law. Once again, using Mississippi as a measuring stick, they spend $1.68 per rural acre on forest protection. In Alabama we spend $0.98. Do Alabamians want their State Parks? Not if we follow this year's budget. Last year, the governor and the legislature completely zeroed out the entire General Fund appropriation for Alabama's State Parks. Despite a $50 million laundry list of needed repairs, the state's 1996 budget only made the problems worse. Alabama's State Parks provide refuge for all Alabamians in search of increasingly limited recreational opportunities and natural wonders. It is a shame they are not valued and respected by the elected officials given the responsibility to fund the parks. And yes, Mississippi does spend more on their state parks than we do. With every cut, public confidence in these agencies continues to erode. Businesses suffer from delays in permits, which stunt economic growth and recruitment. The public can no longer count on state agencies to respond to serious environmental problems because too few inspectors are left to enforce the law. Property owners who are under assault from illegal dumping or timber theft cannot get help from the agencies charged to protect their property. Legislators respond to the complaints by cutting programs and budgets even more. Alabama's environment does not need a blank check. But we also do not need to continue haphazardly cutting budgets with very little thought or public support. Budgets are boring, but if we do not start caring about funding Alabama's environmental programs, we will get what we paid for. Proud legacy
- Let's celebrate those who have protected Alabama's
environment "Environmental Wackos", "Tree
Huggers", and "Radicals". It has never been easy "being green",
especially in Alabama. This Earth Day, we should remember some
of the folks who fought for Alabama's environment despite enormous
odds and in some cases ridicule. Meet Cameron McDonald Vowell. As a student
in the early 1970s, she helped lead the Greater Birmingham Alliance
to Stop Air Pollution (GASP) a group dedicated to improving Birmingham's
air quality. It definitely wasn't easy back then taking on air
pollution. But the days of gray clouds of dust persisting over
Birmingham's skyline are only memories. Cameron, did more than
just work for clean air, she carried on Lee Ola's legacy by helping
found the Alabama Conservancy Recycling Center at UAB. Years
later while as a member of the Alabama Environmental Management
Commission she fought for greater protection of the Cahaba River.
Recently, Cameron was elected to the National Board of the Nature
Conservancy. An advocate for Alabama's environment for nearly
30 years, Cameron would fit in as one of Limbaugh's "radicals". Our state is also blessed with the Stimpson family of South Alabama who played a major role in bringing back deer in Alabama. Hester Cope of Florence pushed her town into operating Alabama's first curbside recycling program. Senator Doug Ghee of Anniston and Conservation head Jim Martin of Gadsden put aside partisan politics, to pass the Forever Wild Constitutional Amendment. Be mindful this is just a very small sampling of people who have fought for Alabama's environment. These folks never let childish name calling label them in their passion to protect, preserve and restore Alabama's natural heritage. The reason I am compelled to list these folks during, the week we celebrate Earth Day, is because I am deeply disturbed about the increasing polarization and divisions in the debate over the environment. When historians look back at the bipartisan environmental progress that has been made over the last 30-40 years, they will rank conservation and protection of the environment as one of our century's most important social movements and achievements. An environmental ethic now pervades our society. For example, rural forest owners practicing sustainable forestry are playing a major role in bringing back our forests. In the cities there has been a recycling revolution led primarily by our schoolchildren. Anyone who has children will tell you that kids will not tolerate the throwing away of cans, paper or any recyclables by their parents. Why throw away resources when they can be used again? Despite the positive impact the passage of environmental laws and standards have had on society, there is a movement afoot to gut and repeal the progress we have made. People are now being demonized. We hear daily, "rantings" about those "wacko tree huggers". One Alabama senatorial candidate recently compared the Environmental Protection Agency and environmentalists to the gestapo. The strategy unfortunately seems to be working. This past year, a generation of work was almost swept away in a flood of anti-environmental intiatives. Look at some of these proposals - a National Park Closure Commission modeled after the military's base closure commission and the cutting of EPA's enforcement budget by 33% greatly reducing our nation's ability to protect drinking water, air, rivers and streams. There have also been numerous back door attacks on the environment through legislative "riders" that have been added to totally unrelated legislation. In Alabama we call our environmental car tag
program Legacy. Monty Hall would
have been proud. As the long time host of the game show "Lets Make a Deal", Hall would have been very impressed by the remarkable luck of some of the folks in the Congressional lobbying game. These guys just keep on picking the grand prizes behind the doors at the site of our nation's greatest game show - the U.S. Congress. These days the show on Capitol Hill should be dubbed the "Special Deals for Special Interests Show in Washington D.C." And like the 1950's game show depicted in the recent movie "Quiz Show", the victims of these special deals are the American public. Just look at what's behind some of these deals. Behind door number one - Mining Giveaways. According to the Mineral Policy Center, since the passage of the 1872 Mining Law, the U.S. Government has given away more than $231 billion dollars worth of minerals and mining revenue off our public lands without collecting one cent for royalties. Even the oil and gas industry pays royalties upwards to 12.5%. Here is the deal. In the wings are 606 "patent applications" covering 232,462 acres. Now what is a patent? It is an application to buy title to public land for which a mining claim has been granted. How much do one of these patent's costs? Here's the real deal - $2.50 to $5.00 an acre. That's right, less than the cost of admission into a movie theater. And what kind of a deal are we giving this industry? Well, one example of this transaction was the Goldstrike Nevada public land claim to American Barrick Corp. of Canada for $5,190 in exchange for land containing gold reserves estimated to be worth $10.2 billion dollars! The winner - The hardrock mining industry. The loser - We the American taxpayers who will receive a paltry consolation prize that includes a wrecked environment and an estimated $32-72 billion dollar environmental cleanup bill acculmulated over this 123 year deal. Behind door number two - Oil and Gas Drilling in the Arctic. The Arctic National Wildlife Refuge along Alaska's coastal plain has been called America's Serengeti. The Refuge is home to one of the world's last pristine ecosystems, polar bears, 150,000 migrating caribou and a Native American tribe that depends on that caribou. Currently, the Refuge's 125 miles is the only remaining section, of Alaska's 1100 mile Northern Coastal plain off limits to oil and gas development. Here is the deal. The oil and gas industry and the Alaskan Congressional delegation have been trying since the days of Eisenhower to get their hands on the Refuge. In the current Congress they are close to reaching that goal. Using deficit - reduction and America's dependancy on imported oil as their reasons to create the "the Great Alaskan Oil Reserve", this group proposes that opening up the Refuge will raise $1.3 billion dollars over 7 years while curbing our nation's thirst for imported oil. We're about to be had on this deal. First, proponents base their revenue projections on $38.60 per barrel by the year 2000, while the Energy Information Agency projects that the price of oil will be only $19.13 a barrel. Interior Secretary Bruce Babbitt labeled the proponent's projections "wishful thinking". Second, the federal government may never see that money, because Alaska's statehood act requires that 90% of lease revenue must go to the Alaska's coffers. The $1.3 billion figure depends on the U.S. government getting 50% of the revenue. Third, a Senate Energy and Natural Resources Committee report states that"Unless domestic oil production is vigorously fostered... oil imports will continue to rise, and rise significantly." Sounds like the real deal. If this is true, then why did Congress turn around and repeal the ban on foreign exports of Alaskan North Slope oil and lift the energy saving Speed Limit laws. And finally, if oil is found, the speculative oil reserves the proponents claim, will supply only 200 days of consumption at the current U.S. rate. The winners - the oil and gas industry, the Alaskan treasury and let's not forget the lawyers. The losers - The local Native Americans who will lose a way of life. Americans, who will lose an ecosystem that will go extinct. And fiscal conservatives, who understand that it is truly stupid for anyone to pin their hopes on a speculative oil scam that raises at best a questionable $200 million a year. Behind door number three - Subsidzing environmental lawbreakers. A corporation cannot deduct from their taxes, lobbying expenses, contributions to political campaigns or, complicated ethical behavior such as damage payments for anti-trust violations, illegal bribes, kickbacks, and fines. In fact corporations paying their CEO's more than 1 million dollars cannot deduct or write off taxes for that expense. But incredibly, the costs associated with breaking environmental laws are deductible. Here is the deal. According to the recent Friends of the Earth report Dirty Little Secrets, under current law, as a result of the IRS's liberal interpretation, polluters can deduct fully all costs related to the illegal release of pollution. These costs include cleanups, legal expenses, court settlements, public relations even the cost of the polluting substance. For example, nearly all the costs related
to the Exxon Valdez oil spill disaster was deductible. Except
for the $25 million dollar criminal fine, Exxon was able to deduct
most of the $1 billion settlement they made with the U.S. government
and the state of Alaska. The losers - All of us. This loophole encourages bad actors and costs the government, and taxpayers more money in revenue, resulting cleanups, litigation and public health problems. Simple solution, eliminate tax deductions for illegally released pollution. It is time we canceled the "Special Deals for Special Interests Show in Washington D.C. " But unlike tuning out a T.V. program, the only way you can cancel this program is by checking out the sponsors and their records. Then you can demand a deal where there is a real prize behind that door that serves the public's interest and good. Budget Horrors "I am spending my kids' inheritance" That famous car tag slogan you usually see on the back of Winnebagos is today the best description of the 104th Congress's environmental record and policies. Giveaways, sell offs, and sweetheart deals, you name it, the auction has begun on our natural heritage. And by the time Congress is finished, they will stand proudly by their plundering of our national treasures and claim they did it all in the name of balancing the budget. Poppycock! The Environmental Protection Agency accounts for less than one half of one percent of the federal budget . But the budget recently passed by the U.S. House of Representatives cuts EPA by 34%. Enforcement was cut 50%! Think about it. This cut means that EPA will be unable to conduct inspections, monitor polluting industries for compliance, prosecute environmental violators for misconduct or assist in correcting problems. Talk about being soft on crime. While disabling the EPA's ability to control and prosecute polluters, U.S. House has taken a major bite out of monies that assist states in building the nation's clean water and drinking water infrastructure. Over $760 million has been cut in the coming year's budget from the program that builds sewage treatment plants and basic sanitation and drinking water facilities. Today, nearly 29 million Americans drink inadequately treated water. Also according to one economic study between 6,400 to 15,600 jobs will be directly lost as a result of this action. All of this makes you wonder if members of Congress own stock in Evian Water. Along with these misguided and politically motivated budget cuts (the one's mentioned above just scratch the surface) are the one shot sell offs to powerful and monied special interests groups. Some of our nation's greatest treasures are endangered of being placed on top of the auction block. Consider the following proposals. In this year's Congressional Budget Resolution more than one billion dollars is anticipated to go to reducing the budget deficit through opening up the Arctic National Wildlife Refuge in Alaska to oil drilling. As one of the last great pristine ecosystems left in North America, our Congress is banking on a one shot oil speculator's dream to help pay for 1\200th of the deficit or about1\5000th of the debt. Of course that's only if you strike oil. In another step that will destroy one our nation's legacies is the proposal to create a National Park Closure Commission, modeled after the Military Base Closure Commission. Once again, Congress is expecting to achieve deficit reduction through the one time sale of our National Parks. In Alabama, can you imagine Little River Canyon National Preserve up for sale? Just ask the folks in Anniston if they believed a few years back if Fort McClellan was going to be closed. Meanwhile as the Great Auction of our national treasures moves forward, this Congress has been busily cutting more sweetheart deals by continuing the status quo giveaway programs Americans are demanding to eliminate. Let's begin with cowboy welfare. Out West the mining, grazing and forestry special interests continue to have a stranglehold on our public lands. The General Mining Law of 1872, that's right a 118 year old law, mandates that any mining companies discovering a "valuable mineral" on open public land has an automatic right to mine it, no matter what other land values exist. Companies can "patent" our land at the outrageous price of $5 an acre or less and be required to pay no royalties to the treasury. Even the boom and bust oil industry pays the federal government a 12% royalty. The annual looting of our natural resources from this program is estimated at 2 to 4 billion dollars. Laws that protect the public's land are also being successfully dismantled in the areas of grazing and forest management. For example, the House passed a 10 year waiver on environmental restrictions for grazing. Another recently passed bill which has become law contains language overriding environmental protections to promote a dramatic increase in logging on our national forests nationwide. In fact Congress really likes the forest products industry, because in this year's budget they have appropriated more monies than last year to subsidize below cost timber cutting and environmentally destructive road building. Once again, the taxpayer will be footing the bill for the wholesale depletion of our own resources. Last year on November 4th, I can not recall any candidates or political party, nationally or in Alabama making proposals that included the weakening and gutting of environmental laws, sale off of National Parks, or continuation of the sweetheart deals for corporate interests. Such a suggestion would have been political suicide. Alabamians need to wake up to this blunt attack on the environment and hold the elected officials pushing these radical proposals accountable. In Alabama our congressional delegation has voted in almost complete lock step with this anti-environmental legislative agenda ( With some exceptions from the Democrats especially Tom Bevill). Our inheritance, our natural resources are being squandered and given away. The question is: Are we all going to allow this to happen? Are we going to participate in Congress's efforts to gut environmental protections and squander our inheritance of natural resources and treasures through a national auction ? Generation after generation of Americans have participated in the creation of this incredible saving account we call our natural heritage and environment. This past generation took out an insurance policy on that savings account by passing tough environmental laws that protected that investment. Earth Day plays
a vital role in state This Winter the National Taxpayers Union and
Friends of the Earth launched a new national environmental campaign.
With future generations in mind, this campaign includes comprehensive
initiatives that will clean up our nation's rivers and streams,
protect pristine natural areas and conserve energy and resources.
The total savings as a result of these initiatives could cut
the federal deficit That is not a typo. These proposals, if passed by Congress, will cut wasteful and environmentally harmful federal spending and subsidies by more than 33 Billion Dollars! The blueprint for this campaign is appropriately called the Green Scissors Report. Contributing to the report are 20 taxpayer, economic, and environmental groups. These groups have targeted 34 separate federal spending and subsidy programs for reform, cuts or outright elimination. This powerful coalition of fiscal conservatives and progressive conservationists has declared war on Washington's most entrenched special interest groups and boondoggle pork barrel projects. The Green Scissors Report's top ten priority list is called "Choice Cuts." It includes projects or laws that are in need of immediate action and are the most environmentally harmful. These programs represent a cross section of wasteful government programs ranging from federal giveaways on public lands to an unneeded dam in Nepal (the dam's total cost of $764 million is more than Nepal's entire annual budget) funded by our federal government. If only the "Choice Cuts" were passed this year, approximately 8 billion dollars would be saved. The very existence of these antiquated laws and programs should make any taxpayer's blood boil. For example the "Granddaddy of All Subsidies" or as Senator Dale Bumpers of Arkansas accurately called it, "a license to steal" is the 122 year old 1872 Mining Law. Through patenting and royalty-free mining, the law which was originally signed by President Ulysses S. Grant to encourage settlement of the West, has been responsible for the government giving away over $231 billion of mineral reserves since its inception. It gets worse. The General Mining Law of 1872 permits anyone to enter open public lands to explore for hardrock minerals such as gold and silver, and to make a claim. There are hundreds of thousands of claims on federal lands. Taxpayers and our public lands are then looted because this law prevents a fair return for the use of the public's resources. Consider these three factors: First, The Green Scissors Report, states that, "mining companies pay no royalties to the federal treasury on mining each year of $3 billion to $4 billion worth of minerals from public lands." Second, mining companies can "patent" - or buy - 20 acre tracts of land for $5 an acre or less. This patenting process has been used to sell more than 3.2 million acres of public land, an area the size of Connecticut. According to a report by the Mineral Policy Center this "land giveaway" to mining companies, of many which are foreign owned, has resulted in companies applying for thousands of acres of federal lands containing at least $ 91 billion dollars worth of mineral deposits! They estimate that the public return on these giveaways is one tenth of a penny on the dollar. Third, according to the U.S. Bureau of Mines, 12,000 miles of rivers have been polluted by mining damage. There are also more than 550,000 abandoned hardrock mines. The Mineral Policy Center places the taxpayer cleanup of such mines between $32-72 Billion. Incredibly, the 1872 Mining Law continues to exist, protected by Western senators and representatives and the powerful mining special interest lobby and political action committees (PAC's). Throughout the federal government's budget, big monied special interest groups and PAC's are behind many of the wasteful programs outlined in The Green Scissors Report. Programs such as subsidies to the sugar industry result in intensified sugar cultivation which is destroying the Florida Everglades. Coastal flood insurance for the home-building industry, which insures flood prone areas private insurers would not dare touch, is destroying sand dunes and rare pristine coastal habitat. Finally, experimental energy programs benefitting the nuclear industry, may pose significant environmental threats and create potentially costly clean ups. This is just a sampling of the grip these groups have on the U.S. Congress. Of course, as taxpayers we are all picking up the tab on the Mining law and the countless other wasteful programs. Unfortunately included in that "tab" or "bill" to the American taxpayer is the depletion of our nation's greatest capital asset, its environment. Historically, the Alabama congressional delegation has had a poor overall record on environmental issues. In our delegation's fervor to eliminate the federal deficit and balance the federal budget, they now have the opportunity to act upon the recommendations of The Green Scissors Report. If they heed the call of the National Taxpayers Union and Friends of the Earth, our delegation should take full credit for enacting one of the strongest pro - environmental and deficit reducing programs in our country's history. Ill-conceived property right is costly and dangerous There is a copy of a newspaper called the Southern Confederacy on display inside the Montgomery Advertiser building in Montgomery. The old Atlanta newspaper dated April 1861, mounted under glass proclaims under its masthead a century old Southern standard; "Public Good Before Private Advantage." Unfortunately, that belief is becoming obsolete. Recently, as part of the Republicans' Contract with America, the U.S. Congress has been debating "takings" - their so-called Private Property Rights legislation. In a nutshell, a takings bill requires the government to pay landowners for any regulation and action which might devalue real property (land, buildings and fixtures attached to building, or business), regardless of the beneficial impact the regulation may have on their neighbors or community. This legislation sounds great - who is for regulations anyway? But it never takes into account the public good, only private advantage. Proponents of the legislation describe their bill as a "magic bullet" which will act as a "monkeywrench" putting a stop to government regulations. In reality, the legislation is an ill - conceived poison pill that, if passed, will gut health, safety, zoning and environmental laws. It will also increase the deficit and the national debt, add new levels to federal and state bureaucracy and clog the courts with unnecessary lawsuits. Lately, radical takings advocates have been attacking the long-accepted principle that fish and wildlife are a public resource, by claiming private ownership of free - ranging wild game and by challenging laws that prevent the destruction of wildlife, habitat and wetlands on private land. For example, a lawsuit has been filed in Wyoming claiming that the state's requirement that landowners comply with hunting license bag limits is a "taking." Wildlife reintroduction programs are also being attacked by radical takings advocates in Nevada and California. Incredibly, they have filed lawsuits which include claims that the reintroduction of elk in these states "take" private property by consuming forage. According to Charles Kelley, Director of Alabama's Game and Fish Division for more than 35 years, if a "takings law" had been interpreted similar to the ones claimed in Wyoming, Nevada and California, "the greatest conservation achievement in our state's history would never have occurred." At the turn of the century, the number of deer and turkey in Alabama were exceptionally low and in some areas on the brink of extinction. In 1940 there were estimated only 16,000 deer and 11,000 turkeys in Alabama. Through creative laws, regulations and reintroduction programs, these two species mounted a long comeback that has resulted in increasing the deer population to an estimated 1.5 million and a turkey population in excess of 300,000. No wonder national hunting, fishing and conservation groups, strongly oppose "takings" legislation. In a recent statement the National Wildlife Federation, Trout Unlimited and the Isaak Walton League of America stated that "takings proponents are using, deceptive private property rights rhetoric to push this legislation that will thwart hunting, fishing and other activities of American citizens who enjoy the natural resources of this country." In addition to identifying the impact of takings on wildlife conservation, their document goes on to examine how takings legislation totally ignores the billions of dollars in private property and jobs that are protected and provided by wetlands. Wetlands provide flood control, a commercial fish catch valued at nearly $ 4 billion in 1990, non-consumptive wildlife related activities valued at $55 billion and job and recreational opportunities for 170 million people. Their conclusion is that wetlands protection would come to a halt as a result of takings law. In fact, no agency is going to deny a wetlands
permit or implement a regulation for fear of the potential compensation
costs associated with diminution in property value. Even though
rules are designed to prevent flooding your neighbors property,
protect local fisheries or wildlife, our government would be
siding with private advantage over the public good. Much of the debate that has raged about "takings" has centered on over-regulation and private property rights. Everyone agrees we need to reform many of our government regulations. In far too many cases they are cumbersome, ineffective, and inflexible. But it must be recognized that most regulations are designed to protect communities, the public good and the private property rights of individuals, adjacent property owners and neighborhoods. The balance between the public good and private advantage is delicate. A radical takings law will upset that balance. Not surprisingly, advocates on all sides of this issue will find the middle ground if we all returned to that Southern standard of the Public Good Before Private Advantage. Reducing waste In 1970 the bald eagle in Alabama had almost vanished. In 1970 there was virtually no recycling, let alone curbside recycling in Alabama. In 1970 , occasionally when citizens of Birmingham Alabama woke up in the morning they had to wipe off "dust" placed on their cars from air pollution. People in Alabama owe a lot to "Earth Day". If you live in Guntersville Alabama you are thankful for Earth Day, because it propelled the passage of the Endangered Species Act in 1972. Without that law the bald eagle, our nation's symbol, would never have been recovered and brought back to Alabama. Today, thousands of Alabamians and tourists travel to Guntersville to witness and experience a species that in Alabama, just a generation ago, almost disappeared. If you live in Sheffield Alabama you are thankful for Earth Day, because it has helped make recycling a reality. Earth Day has helped an industry such as Reynolds Metals Company in Sheffield to succeed at aluminum recycling, in turn saving resources and creating hundreds of jobs. Today, because of new markets and community initiatives, recycling is now the "boom" industry of the 90's helping create thousands of new jobs here in Alabama. Finally, if you live in Birmingham you are thankful for Earth Day because since the passage of the Clean Air Acts in the 70's and 1990, the air in Birmingham has became remarkably cleaner and healthier. In fact , a city once infamous for its air pollution, is currently meeting or exceeding many federal air quality standards. The clean air has enhanced the city's reputation as the "Magic City". For 25 years Earth Day has continually recharged the environmental movement in Alabama. Recently the celebration has become a launching pad for much needed environmental programs and reforms. For example, Earth Day 1990 helped create the momentum to pass the Forever Wild Land Acquisition Constitutional Amendment in 1992. Just recently, Little River Canyon National Preserve, Alabama's first national park dedicated to a natural area also got a boost from Earth Day. Despite a generation of success; the protection, conservation and preservation of Alabama's environment continues to be a "work in progress." So, on Earth Day 1995 what are the priorities? What work needs to be done? The following is a platform and list of issues I believe need to be addressed in Alabama. Stop the Trashing of Alabama - Last year the Alabama Department of Environmental Management (ADEM) received more than 500 illegal dump complaints. ADEM's budget for cleaning up illegal dumps? $0. Illegal dumps cause health and safety problems, devalue property; and are the second leading cause of wildfires, which destroys wildlife habitat and timberland. For 4 years ADEM has tried unsuccessfully to pass a comprehensive solid waste legislation. A new law will not solve all of our illegal dump problems, but if we do not address this crisis soon, our landscape will continue to be systematically destroyed, our health endangered and communities threatened. Everyone will eventually have to "pay" dearly for our inaction. Clean Up Alabama's Waters - Recently the State Public Health Department had to post advisories, telling people not to consume fish taken from a portion of the Coosa River. Eating fish caught from a river, lake or stream should not be harmful to your health. Our state's waters belong to the public. Everyone should have the opportunity to enjoy them. ADEM and Public Health must demand the highest water quality standards possible. In fact, it should be their stated mission and purpose, to achieve and insure, that all of Alabama's waters be fishable and swimable. They should also be committed to go beyond the bare minimum standards, and strive to enhance and improve all of our rivers, lakes and streams. End the Cold War on Endangered Species - In Alabama there is an outright Cold War occurring
between environmentalists and the state's business interests
over endangered species. This war must end. It is destructive
and counter - productive. The only way to address endangered
species issues is to have all the interested parties in one room,
with the objective to save the resource, while meeting or addressing
the concerns of other interest groups. Unfortunately, in Alabama,
groups are not meeting. Hence, the group with the biggest headlines
in the newspaper wins. That is not how we save and recover endangered
species. Respect Our Neighbors - In Alabama, people should reject any legislation that does not take into account our neighbors and the community as a whole. No one has a right to destroy the environment and property values of adjacent landowners or folks that live downstream. Currently, there is legislation being introduced in the U.S Congress called "takings" or so-called private property rights legislation. Takings bills do not support neighbors or the community, only private advantage. These bills would bankrupt goverment (which means all of us) and gut basic environmental, health and zoning laws that protect the private property rights of the entire community. Diverse alliances such as the National Wildlife Federation, League of Women Voters and the bipartisan National Conference of State Legislatures are vehemently opposed to this rollback of environmental protections. For one day, Earth Day focuses us on our world's environment. But more importantly Earth Day forces us to take on responsibilities within our community, workplace and home. Working on our environment is a daily activity. It may be cleaning up an illegal dump in your neighborhood, starting a recycling program at work, placing bluebird boxes on your property, planting trees in your local park, or writing a letter to your local elected official. As we can all see, there will always be challenges to our environment, but more importantly our achievements and rewards last more than just a lifetime. They last for generations to come. |
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