Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, October 1, 2012

Delete State Authority on Biodiversity via SB 1276? Burton Barnes Testimony

Burton Barnes Testimony SB 1276 9-25-12
Forest Botanist and University of Michigan Emeritus Professor Dr. Burton Barnes's testimony to the Michigan Senate on SB 1267. Barnes explains why SB 1267 should not be passed (at least not with its current articulation of intentions).

The testimony is extremely well-written for explaining the "why" of his position and cites some powerful research too.  However, it's not very pithy for people unfamiliar with the bill and his core arguments might not be very clear to everyone.  

Since his letter doesn't point out the particular parts of the original bill which his testimony engages, I've done my best to interpret and present them here with particular sections of the bill quoted below.



The Testimony from Dr. Burton Barnes (6 pages): http://www.scribd.com/doc/108581396/Burton-Barnes-Testimony-SB-1276-9-25-12



Dr. Barnes's particular points of contention with the bill include the following points (as best as I can tell):
  • Biodiversity management necessitates the scientific and regulatory capacity of state agencies/departments.
Currently, the bill seeks to remove this.

[quoted from Page 7 of the bill, SB 1276--sorry about the strange spacing]
18 (2) This part does not require a state department or agency to 
19 alter DO ANY OF THE FOLLOWING: 20 (A) ALTER its regulatory functions.
21 (B) DESIGNATE OR CLASSIFY AN AREA OF LAND SPECIFICALLY FOR THE
22 PURPOSE OF ACHIEVING OR MAINTAINING BIOLOGICAL DIVERSITY.
  • Conservation/natural resource management from a state agency/department is necessary for the well-being of our state's economy because the MDNR is among the few, if not the only, entities which knows the value of natural resources within our state to a fair extent.
[quoted from Page 8 of SB 1276]
23   (iii) Manage SUBJECT TO SECTION 504(7), MANAGE the quality and
24  distribution of wildlife habitats and contribute to the 
25  conservation of biological diversity by developing and implementing  
26  stand and landscape-level CONSIDER measures that promote habitat
27  diversity and the conservation of forest plants and animals
[quote continued Page 9]
1  including aquatic flora and fauna and unique ecosystems.WHILE
2  BALANCING ECONOMIC VALUES.
3   (iv) Protect forests from wildfire, pests, diseases, and other
4  damaging agents.
5   (v) Manage areas of ecologic, geologic, cultural, or historic
6  significance in a manner that recognizes their special qualities.
7   (vi) Manage activities in high conservation value forests by
8  maintaining or enhancing the attributes that define such forests
9  WHILE BALANCING ECONOMIC VALUES. 
  • Conservation and conservativism in ecological and political contexts go hand-in-hand.
This claim stands as an ethical argument, but the principles for the origins of true conservativism are shared between economic and environmental practice: we conserve to live well now, and so that others may live well in the future.  Biodiversity management looks to foster well-being for things beyond our own species, but make no mistake, giving proper stewardship to the land we live with does not detract from our own well-being.
Misers aside, we would rarely find issue with an individual, business, or government that strives to save money for the sake of current and future well-being.  Doing conservation for the sake of appropriate, ecologically informed biodiversity ought to do the same.  In this sense, conservation facilitates opportunity through discipline.  In other words, conservation remains a proper priority in fiscal and environmental matters alike, even if we cannot (and ought not) assume everything we live with can be approximated to a dollar value.

We can see similar support for these ideas flesh out with more technical implications within the bill for the argument below.
  • Good sustainability/conservation practices are cognizant of economics, and strive to improve or enhance the social, economic, and environmental status of a place while acknowledging its interconnecting impact on the rest of the world. 

I don't have particular section of the bill to point to, this bullet point serves more like a summarizing statement of the content that appears in Barnes's testimony toward the end.  However, contents throughout the bill do suggest some cognizance of sustainability awareness to me:

[quoted from Page 6]

10  Sec. 35502. The legislature finds that:
11  (a) The earth's biological diversity is an important natural
12  resource. Decreasing biological diversity is a concern.
13  (b) Most losses of biological diversity are unintended 
14  consequences of human activity.
15  (B) (c) Humans depend on biological resources, including
16  plants, animals, and microorganisms, for food, medicine, shelter,
17  and other important products.
18  (C) (d) Biological diversity is valuable as a source of
19  intellectual and scientific knowledge, recreation, and aesthetic
20  pleasure.
21  (D) (e) Conserving biological diversity has economic
22  implications.
23  (E) (f) Reduced biological diversity may have potentially
24  serious consequences for human welfare as resources for research
25  and agricultural, medicinal, and industrial development are
26  diminished.
27  (F) (g) Reduced biological diversity may also potentially
02395'11                             TMV 
[quoted from Page 7]

1  impact ecosystems and critical ecosystem processes that moderate
2  climate, govern nutrient cycles and soil conservation and
3  production, control pests and diseases, and degrade wastes and
4  pollutants.
5  (G) (h) Reduced biological diversity may diminish the raw
6  materials available for scientific and technical advancement,
7  including the development of improved varieties of cultivated
8  plants and domesticated animals.
9  (H) (i) Maintaining biological diversity through habitat
10  protection and management is often less costly and more effective
11  than efforts to save species once they become endangered.
12  (I) (j) Because biological resources will be most important
13  for future needs, study by the legislature regarding maintaining
14  the diversity of living organisms in their natural habitats and the
15  costs and benefits of doing so is prudent.
16  Sec. 35503. (1) It is the goal of this state to encourage the
17  lasting conservation of biological diversity. 
[Edited 23:32 7 X 2012 ]



From reading all of the above I can say this:  Details AND the big picture definitely matter.  When I first looked at the bill, I thought it was fine.  Page 7 made a lot of sense at first until I got to line 18 and onward.  The bill contains many contradictory goals
.

Personally, I am opposed to SB 1276 at least for the reasons illustrated above, I'll articulate my own commentary in a future post (and letter to my representatives).

Sunday, January 8, 2012

Rouge Project Comments: Reply from the Army Corps of Engineers

I've discovered "The Agency Tone" of written voice. Very polite! Possibly because I submitted comments over a month ago (several agencies dealing with the National Environmental Protection Act [NEPA] are obligated to give response within the month of communications from the public).  Having spoken to EPA employees, the EPA has legal obligation to respond to any citizen communications--probably within a month timeframe too.  

The Army Corps of Engineers  (ACE--what a fine acronym to have!) was supposed to respond with 30 days (I'm no longer sure, but I suspect it's a direct stipulation from NEPA), but I had to prod them earlier in December to see if there'd be any follow-up.

This is about as exciting as I'd imagine getting a personal letter from an elected official. For those who can't really see what's here--it's a personal letter from the DOD's Army Corps of Engineers in response to my questions--stamped and signed too! 

In reply to my procedural and project comments to the Army Corps of Engineers from 
November, Detroit district sent a personal letter with detailed replies to both comment sets I submitted.

One of my primary concerns involved the poor degree of outreach--had it not been for friends who major in environmental studies/science and work with the Friends of the Rouge, I might not have known about the proposal at all!

It turns out (as you'll see in their reply letter) the Army Corps of Engineers did what they could and needed to inform local governments and organizations. From what I read, the ACE's response to one of my questions (about watershed outreach plans) means that promotion/marketing/pr is more of an issue than having the right community stakeholders and closer coordination between federal and local government.

I suspect poor infrastructure for communication and outreach is an endemic issue for our beloved but under-budgeted/staffed local governments and not-for-profit organizations alike.

Also, I learned county government plays a more significant role in the project than previously thought.

I believe PR organizations/institutions and colleges (with education and marketing programs or willing interns from any discipline) can better help coordinate and promote the outreach in the future.



Page 1 (click the image[s] to read)
I'll let you decide what happened with
the date that they entered--by the looks of things
I submitted my comments in the future!
Also, I couldn't resist blacking out my address
on a government document,
it now looks even more official than the original.


Page 2





Page 3



Page 4  Hand signed with a real person's signature!



A random remark: this post has a lot of meta text--I wrote (and you read) about photos of writing--how odd!


And my follow-up e-mail (from Dec. 8th):
To whom it may concern,

I submitted a procedural recommendation on Monday Nov. 7th and (according to my e-mail) comments on Nov. 8th at 12:00 AM and would like to know about the status of the project. I did not receive any message of acknowledgement or reply within the 30 day timeframe and therefore am writing to request for follow up.

I hope the procedural recommendation merits a reply since it was submitted within the comment deadline.

Thank you...