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June 10, 1999
"We had no alternative but to fight, even if it was a David and Goliath struggle. We are the People of the River and to destroy the river means destroying us." -- Carl "Lone Eagle" Custalow, the Assistant Chief of the Mattaponi Indian Tribe in Virginia.
1. SWEET VICTORY: Virginia River and Wetlands Saved
2. SIERRA CLUB ACTIVISTS IN ACTION: Rally to Save the Hudson River
3. NORTH CAROLINA SPRAWL CAMPAIGN IN THE SPOTLIGHT
4. REMINDER: Take Action on Right to Know
1. SWEET VICTORY: Virginia River and Wetlands Saved
Virginia activists scored a major victory this week in a fight to stop a proposed reservoir. The U.S. Army Corps of Engineers issued a preliminary decision on a proposed 1500-acre, $130 million dollar reservoir in King William County, VA. The corps found that the reservoir would flood ancient Indian campgrounds, threaten the Mattaponi River and destroy 437 acres of wetlands. The Mattaponi tribe, one of the two oldest recognized Native American tribes in the U.S. and descedants of Pocahontas, led the fight against the proposed reservoir, with support from the Sierra Club.
The Corps' decision provoked a furor among reservoir supporters, including Congressional members, the mayor of Newport News and local business and development interests. Glen Besa, Virginia Chapter Director said, "We are simply delighted. Quite frankly, the Corps isn't exactly known as environmental softies. We are glad to have the Corps weigh in with an impartial decision."
The Corps' decision stated that Newport News needed roughly half as much water as the city said it needed. They also cited concerns about the proposed 75 million gallon a day water withdrawal from the Mattaponi River. The Mattaponi's cultural heritage also figured prominently in the Corps' decision, as did preserving the 437 acres of wetlands.
Congratulations are due to the Virginia Chapter of the Sierra Club and Glen Besa and Ellen Powers of the VA office for their relentless efforts to build public support for the Mattaponi's opposition to the reservoir! (For more information contact Lee Murphy, 202-547-1141)
TAKE ACTION:
The story isn't over yet! The City of Newport News has two weeks to prepare a response to the Corps' decision. In the meantime, Newport News Mayor Frank has said he and others are appealing for help from the Congressional delegation and Gov. Jim Gilmore. You can help! Write a letter to Colonel Allan B. Carroll, District Engineer, and tell him you support the decision not to recommend the permit for the reservoir. Thank him for the Army Corps of Engineers' decision! Thank you!
Department of the Army Norfolk District, Corps of Engineers Fort Norfolk 803 Front Street Norfolk, Virginia 23510-1096
2. SIERRA CLUB ACTIVISTS IN ACTION: Rally to Save the Hudson River
Nineteen years ago, the Hudson River was named the nation's largest Superfund site, and General Electric (GE) was told to cleanup the more than a million pounds of probable cancer-causing PCBs they dumped into the Hudson. Since then, GE has denied, delayed and stalled and we're still waiting for the river to be cleaned up. Now, GE claims that the Hudson River has conveniently cleaned itself and there is no need to do any clean up!
On June 1st GE held a meeting to tell people that the river is clean. Sierra Club activists organized a demonstration in front the hotel where the meeting was being held. More than 50 activists took part in the protest to send a message to GE: End The Delay, Clean Up The Hudson River Today! The protest involved local citizens, representatives from seven different environmental organizations and scientists. The protest also featured the Arm of the Sea Theater group's larger than life size puppets of "Mother and Father Hudson" joined by a garland of "PCBs." After the protest, the activists entered the GE meeting, listened to their presentation and then launched a barrage of questions at the GE representatives.
EPEC Organizer Beret Pinyoun reports that the protest drew all four local TV channels (CBS, NBC, ABC, and Fox affiliates) plus the Regional News Network. The print media was also there in full force and the event received great coverage in the papers. The Sierra Club also ran radio ads in the Albany area, telling the public that GE has delayed the cleanup for so long that now they're claiming the River has cleaned itself up. The Sierra Club plans to hold similar rallies at upcoming GE meetings.
3. NORTH CAROLINA SPRAWL CAMPAIGN IN THE SPOTLIGHT
Organizers of the Sierra Club's Environmental Public Education Campaign (EPEC) continue to find new ways to reach out and effect change in communities across the country. In North Carolina, an EPEC campaign to curb urban sprawl and protect open space was covered on the front page of the News and Observer on Saturday. The story highlighted the Sierra Club's innovative efforts to combat sprawl by meeting with members of a broad group, including a local homebuilders association, the Wake County Land Owners and Farmers Association and neighborhood activists. The group worked together and released a list of eight "smart growth principles" for the community including designing for "walkability", preserving natural areas and open space and providing more transportation options.
Today, the group presented these principles to the Greater Triangle Regional Council which is made up of elected officials and heads of Universities. They plan to ask local governments to incorporate the eight principles in their development plans. The local NPR affiliate, WUNC, and the Durham Herald Sun are also covering the story. Kudos to North Carolina Chapter activists and EPEC organizer Mary Kiecau for putting the "Challenge to Sprawl" campaign in the spotlight!
4. REMINDER: Take Action on Right to Know
It isn't too late to take action protecting your right-to-know about chemical accidents in your neighborhood. The Senate may vote as early as tomorrow, with the House to follow closely, on bills that do nothing to reduce hazards - hazards you won't even be able to learn about. Please refer to the earlier SC-ACTION alerts, or contact Mike Newman mike.newman@sierraclub.org for more information.
"Tis gold that buys admittance...what can it not do and undo," -- William Shakespear
CONTENTS: Today's SC-ACTION features an in-depth primer on the upcoming federal appropriations bills and what they hold in store for the environment.
1. APPROPRIATIONS THREE RING CIRCUS:
Stealth Environmental Attacks Drastic Spending Cuts On Tap Approps Train Wreck Looms? Potential Riders Coming Your Way
2. LOOKING AHEAD TO 2000: Close Races
1. APPROPRIATIONS THREE RING CIRCUS (SENATE, HOUSE, WHITE HOUSE)
Ah, summer! It heralds days at the beach, back country, or ball yard. And...appropriations' madness! Summer marks the annual effort by Congress to enact spending bills to fund government activities for the next fiscal year. This process creates numerous opportunities for mischief by anti-environmental members of Congress. In 1999, we expect titanic battles over efforts to slash funds for parks, pollution clean up, and other programs. We also anticipate numerous attempts to undermine environmental protection by adding "legislative riders" (special provisions) to appropriations bills.
During the next few, or more likely, many months, the SC-ACTION will chronicle attempts to use appropriations bills to gut environmental laws. We will also urge you to TAKE ACTIONS to stop it by publicizing these efforts in your local media, and urging your legislators to oppose such efforts. Finally, the upcoming votes on appropriations will provide numerous opportunities for activists to hold their legislators accountable for their pro and anti environmental actions.
Below is a primer on the upcoming appropriations battles that provides information and context about the appropriations process, and the avenues of environmental attacks likely to occur over next few months.
Stealth Environmental Attacks
Since the Republicans gained control of Congress in 1995, there has been a dramatic increase in efforts to use annual government appropriations (or spending) bills to harm or undo environmental protection programs. Anti-environmental legislators have found that it is much easier to weaken or block environmental protection programs by using the complicated appropriations process than by launching a direct assault on the law or program in question. In addition, anti-environment provisions added to appropriations bills are very difficult to remove because they are part of huge spending bills with many must-pass items in them.
The two most common methods to undo environmental protection via the appropriations process are to: significantly slash funding for parks, environmental enforcement and other programs; and, attach anti-environmental "riders" (or policy provisions) that change existing programs or laws while avoiding a wholesale debate on the law. Past riders have included the "timber salvage" rider that allowed clear cutting of national forests. The recently enacted emergency Kosovo appropriations bill had anti-environmental riders on mining and oil royalties.
This summer, Congress will begin the appropriations process for government spending in Fiscal Year 2000, which begins on October 1, 1999. We anticipate that anti-environmentalists in Congress will attempt to use both spending cuts and environmental riders to weaken environmental programs.
Drastic Spending Cuts On Tap
The fiscal year 2000 budget resolution requires drastic cuts in environmental and other domestic programs to meet the caps on spending in the 1997 budget agreement, significantly increase military spending, and pay for a tax cut. It is estimated that the House appropriations bills will slash funding for the Department of Interior and EPA programs by at least 10%. The only way to avoid such draconian cuts would be to raise revenue (President Clinton proposed to raise the cigarette tax), or spend funds from the budget surplus by lifting (or busting) the spending caps.
So far, the House leadership has been unwilling to take either of these steps because some Republican representatives will oppose them. And since the GOP only has a six-seat majority in the House (223R-212D), the leadership would be unlikely to pass any appropriations bills if too many Republicans vote against spending bills. Consequently, the House leadership is paralyzed and unable to bring even the most noncontroversial domestic appropriations bill to the floor of the House for fear that it would be defeated by either moderates who oppose the spending cuts in environmental and other domestic programs, or by conservatives who would oppose spending more than allowed by the 1997 spending caps.
Approps Train Wreck Looms?
The prognosis for environmental and other appropriations bills is unclear at this writing. One possible outcome is that some sort of budget summit will occur between Congress and President Clinton where both sides agree to exceed the spending limits. This could occur soon, or near October 1 as the fiscal year deadline looms. Another possibility is that Congress wraps many individual appropriations bills into one enormous, messy "omnibus" appropriations bill, as they did last year. (This is the so-called "train wreck" scenario.) The House leadership could also try passing bills one at a time by putting together a coalition around each bill that includes moderate Republicans and Democrats. The bills would have to restore most of the cuts to stand any chance of passage.
Environmentalists are hoping that President Clinton and pro-environment representatives -- both Democrats and Republicans -- continue to oppose the drastic environmental cuts, and insist on restoring funding for parks, pollution enforcement and clean up, and other environmental programs. The SC-ACTION will keep you posted on the fight over funding levels as it unfolds.
Potential Riders Coming Your Way
A list of possible riders that may be offered, with the likely sponsor follow. This list is by no means comprehensive, but provides a first cut of possible riders. The SC-ACTION will provide new information on riders as we get it.
HUD-VA-Independent Agencies (including EPA) Appropriations
Clean Air Sanctions (Sen. Bond R-MO) It would eliminate or undermine withholding of highway funds as a sanction for noncompliance with clean air health standards.
Sulfur Reduction from Gasoline (Sen.Inhofe R-OK) It would stall or block EPA's pending rule to significantly reduce sulfur levels from gasoline.
Block federal action on global warming (Rep. Knollenberg R-MI) This could include the "gag rule" that prohibited EPA and other agencies from even disseminating information on global warming. This rider may be offered to other relevant appropriations bills.
Transportations Appropriations
Block higher fuel economy (CAFE) standards for sport utility vehicles (Rep. Wolfe R-VA)
Interior Appropriations
Crown Jewel Mining (Sen. Gorton R-WA) This rider would permanently block the Interior Deptepartment's limit on the number of mill sites per mining claim. The limit is temporarily blocked by the rider in the Kosovo emergency supplemental appropriations bill.
Moratorium on critical habitat protection under the Endangered Species Act (Sen. Domenici R-NM)
Stop interim protection for UT wilderness study areas (Rep. Hansen R-UT)
Some sort of timber salvage rider (Rep. Chenoweth R-ID)
Tongas Forest, Glacier Bay, and other Alaska riders (Sens. Stevens and Murkowski R-AK)
Undercut the National Environmental Protection Act's (NEPA) role in forest planning (Sen. Craig R-ID)
Continued moratorium on issuing new regulations on mining (Sen. Reid D-NV)
Foreign Operations
Reverse Mexico City policy on international family planning (Rep C. Smith R-NJ, Sen. Helms R-NC)
2. LOOKING AHEAD TO 2000
In Case looking at the outlook for this year's appropriation fights in Congress, has you ready to start thinking about what a new Congress might look like after the 2000 elections, here is a report from the political pundits at the Washington Post.
The Washington Post published a list of "possible close contests" among the year 2000 U.S. House races (Thursday, June 3, 1999).
Most Vulnerable Democratic Incumbents: Shelley Berkley (Nev. 1), Lane Evans (Ill. 17), Baron Hill (Ind. 9), Rush D. Holt (N.J. 12), Joseph M. Hoeffel III (Pa. 13), Jay Inslee (Wash. 1), Ken Lucas (Ky. 4), James H. Maloney (Conn. 5), Dennis Moore (Kan. 3), Ronnie Shows (Miss. 4)
Most Vulnerable Republican Incumbents: Richard H. Baker (La. 6), Brian P. Bilbray (Calif. 49), Ernie Fletcher (Ky. 6), Robin Hayes (N.C. 8), Rick Hill (Mont. 1), Steve Kuykendall (Calif. 36), Anne M. Northup (Ky. 3), James E. Rogan (Calif. 27), Douglas L. Sherwood (Pa. 10), Heather A. Wilson (N.M. 1)
Open Seats to Watch: Charles T. Canady (R-Fla. 12), Tom Coburn (R-Okla. 2), Ron Klink (D-Pa. 4), Jack Metcalf (R-Wash. 2), Deborah Ann Stabenow (D-Mich. 8)
"I am only one, but still I am one. I cannot do everything, but still I can do something." --Edward Everett Hale
Friday is the ALL ACTION edition, including actions that you can take on each of the Sierra Club's priority campaigns. The featured campaign this week is Wildlands, but be sure to check out the rest of the campaigns to find out what else you can do to defend the environment. Current action items follow on: Wildlands, Sprawl, Clean Water, Ending Commercial Logging, Global Warming, Population, Responsible Trade and Human Rights and the Environment
TAKE ACTION TO SAVE AMERICA'S WILDLANDS. Join with 200,000 other activists in sending a message to the White House that it is time to permanently protect the last remaining undeveloped forest lands. To send that message to the Clinton Administration and the Forest Service, Sierra Club members across the nation signed 30,000 postcards asking for protection of all roadless areas and delivered them at a rally held Thursday in front of the White House. An enthusiastic sign-waving crowd cheered Melanie Griffin, Director of the Sierra Club's Lands Team, when she declared, "Americans want our wild forest lands protected, from roadbuilding, from logging, from mining, and from gas and oil drilling." Activists then hand-delivered more than 200,000 postcards to the Administration's doorstep.
Read on for more background on writing your own letter to the Vice President, add your voice to the call for roadless area protection:
Earlier this year, the U.S. Forest Service announced a moratorium on the construction of new logging roads in roadless areas to better examine the impact of roads. The temporary moratorium is a good start but there is a long way to go. Unfortunately, the moratorium is not only temporary but is also incomplete, leaving tens of millions of acres of America's scenic wilderness wide open to logging, road building, mining, oil and gas development, and off-road vehicle use. Instead of continuing to whittle away at the remainder of our wild forest heritage, a different course needs to be taken. The Forest Service should start a process with full public input to review every aspect of their management of these precious areas.
President Clinton and Vice-President Gore have an historic opportunity to protect and preserve the dwindling native forest areas of the United States. Now is the time for you to add your voice and urge the Clinton Administration to protect our National Forest roadless areas forever. (For more information contact the Associate Representative for National Forest issues 202-547-1141)
KEEP READING FOR CRITICAL ACTION ITEMS ON OUR OTHER CAMPAIGNS
II. TAKE ACTION ON SPRAWL. Help Put the Brakes on sprawl, by asking your Senators to support the Better America Bonds. The Clinton Administration's Better America Bonds program would help communities preserve open space and clean up abandoned industrial sites. This sprawl-busting program would allow communities to get tax free, 15-year bonds for actions like land acquisition and clean-up. Senator Max Baucus (D-MT) has agreed to introduce the bill to make these bonds possible, but he needs help if he's going to make this great idea a reality. You can help by calling your Senators and asking them to be original cosponsors of the Baucus bill. There's no bill number yet, but it's coming, and when it does, we want it to have strong support! (For more information contact The Environmental Quality Program 202-547-1141)
III. TAKE ACTION ON CLEAN WATER. Put a Lid on Giant Factory Farms. Please ask your Member of Congress to co-sponsor H.R. 684, the Farm Sustain ability and Animal Feedlot Enforcement Act, introduced by Rep. George Miller (D-CA). One of the fastest growing threats to water quality are huge factory livestock operations. Federal regulations covering industrial-style livestock production operations are 25 years out of date, and factory farms are quick to jump from state to state looking for places with weak environmental protections and low operating costs. H.R. 684 would require stronger federal environmental protections for factory farms, including a phase-out of polluting manure lagoons, protection for environmentally sensitive areas from manure applications, and citizen participation in Clean Water Act permitting. (For more information contact the Senior Washington D.C. Reprecentative for Animal waste and other pollution issues 202-547-1141)
IV. TAKE ACTION TO END COMMERCIAL LOGGING: Commercial logging on National Forests and other federal public lands damages fish and wildlife habitat, degrades drinking water, destroys recreation opportunities and charges the cost to taxpayers. The National Forest Protection and Restoration Act would end the commercial logging program and start the much needed restoration of damaged forests. You can help protect our wild forest heritage by urging your Representative to co-sponsor H.R. 1396, Rep. Cynthia McKinney's (D-GA) National Forest Protection and Restoration Act. (For more information contact the Associate Representative for National Forest issues 202-547-1141)
V.TAKE ACTION ON GLOBAL WARMING. Get ready for a vote this summer. We scored a major victory on global warming last month when 31 Senators signed the Feinstein/Gorton/Bryan letter to President Clinton. The bipartisan letter, urges the President to improve pollution cutting mile-per-gallon (Corporate Average Fuel Economy - CAFE) standards for cars, SUVs and other light trucks. Raising miles-per-gallon standards is the biggest single step we can take to curb global warming. But the fight is only beginning. Friends of the auto industry have routinely attached stealth "riders" barring the Department of Transportation from even considering stronger CAFE rules. Defeating this rider is the number one global warming priority for environmental advocates this summer. Write, phone, or fax your Senators. Urge them to vote against any rider that bans improvements in the CAFE standards and lets SUV's and other light trucks pollute more than cars. (For more information contact the Associate Representative on Global Warming, Automotive Pollution, CAFE, and Energy 202-547-1141)
VI. TAKE ACTION ON RESPONSIBLE TRADE -- Free trade was supposed to improve our quality of life. Instead, it is wreaking havoc with the environment and public health. Already, US sea turtle protections, food safety standards, and clean air rules have been undermined in the World Trade Organization (WTO). In November, the United States will host a Summit of the WTO in Seattle. Call your representatives and urge them to sign the "dear colleague" letter now being circulated by Representative Bernie Sanders to US Trade Representative Charlene Barshevsky. The letter calls for a thorough environmental assessment of the WTO rather than new trade agreements.(For more information contact Senior Trade Fellow for Responsible Trade Campaign 202-547-1141)
VII. TAKE ACTION ON POPULATION. The State Department reauthorization bill will be considered by the House in the next few weeks. Please contact your Representatives and urge them to oppose any amendment to the State Department reauthorization bill (H.R. 1211) that would eliminate or restrict the US contribution to the United Nations Population Fund (UNFPA) or funding for family planning assistance. Providing funding to give women access to voluntary family planning, economic opportunities, and education, allows women to choose the size and spacing of their families, which helps to stabilize population growth and protects our environment. (For more information contact the International and Population Programs 202-547-1141)
TAKE ACTION ON HUMAN RIGHTS & the Environment. The United States government could soon endorse opening a uranium mine in Australia's Kakadu National Park. Kakadu is recognized as a World Heritage site both for its rich biological diversity and for its cultural significance to the Aboriginal people who live there. But the conservative government in Australia is proceeding with plans to open a second uranium mine in the heart of Kakadu in a place called Jabiluka. You can help stop them by calling or e-mailing US Interior Secretary Bruce Babbitt and urging him to support designating Kakadu as "In Danger" when the World Heritage Commission meets in Paris July 12. Secretary Babbitt's phone number is (202) 208-7351, e-mail is bruce_babbitt@ios.doi.gov. For more information, visit the Sierra Club's Human Rights & the Environment Web site at www.sierraclub.org/human-rights. Or Call Human Rights, Trade and Population coordinator 202-547-1141
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