Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, February 22, 1993 TAG: 9302220293
SECTION: VIRGINIA PAGE: A-3 EDITION: METRO
SOURCE: JOSEPH COCCARO LANDMARK NEWS SERVICE
DATELINE: LENGTH: Long
BILL WOULD ALLOW VIRGINIANS TO SUE OVER DAMAGE TO THE ENVIROMENT
When it comes to natural resources, Virginia has a lot to be proud of. Some of the nation's grandest parks, mountains, coastline and rivers grace the commonwealth.Yet when it comes to protecting those treasures, the state regularly ranks near the bottom on several scorecards. The reason, say environmentalists, academics and policy analysts, is the state's conservative history. Simply put, Virginia doesn't want regulation to get in the way of business or individual rights.
"There is a strong tradition of individual freedom and liberty in this state that comes in conflict with government regulation," said James R. Sweeney, an associate professor of history at Old Dominion University. The state has had a "tremendous struggle" with environmental protection measures such as the Chesapeake Bay Act, he said.
Another chapter in that conflict may play out today. A state Senate committee overseeing farming and environmental issues is to debate a bill that would give citizens the right to sue over environmental matters.
Virginia is one of only a few states restricting citizens' environmental lawsuits. In fact, the legal standing here is widely thought to be the most restrictive in the country.
The federal government is forcing the commonwealth to change its ways.
Under the 1990 Clean Air Act, state residents must be given the right to sue to force compliance with the act. States have until the end of 1993 to comply.
Del. Clifton Woodrum of Roanoke has proposed the so-called "court standing" bill at the request of the Virginia Department of Natural Resources to bring the state into compliance.
Under the bill, Virginia would adopt only the minimum court-standing requirements under the air quality act. A House of Delegates version has passed, but state Senate approval is still needed.
"Not everybody likes it but it is something that needs to be done," Woodrum said.
State lawmakers haven't empowered citizens in the past because they're afraid of frivolous environmental lawsuits, Woodrum and others said. Environmentalists argue that it's just Virginia trying to keep people out of the face of business.
"Some legislators have the view that environmental agencies are overreaching. We have the view they're not reaching enough," said Roy Hoagland, attorney and assistant Virginia director of the Chesapeake Bay Foundation.
"The commonwealth is blessed with an abundance of natural resources," he said, "and it has allowed for their degradation piece by piece."
If state lawmakers are swallowing hard on the federal air quality laws, they may choke on the Clean Water Act. Congress is expected to reauthorize that law this year. When they do, states must give citizens standing to sue over water quality issues, just as they do with air quality matters, policy analysts say.
That could be problematic for Virginia, which has some of the most toxic waterways in the country.
Virginia ranks 49th worst for the amount of toxins in waterways, according to the Institute for Southern Studies, a nonprofit think tank in Durham, N.C. The institute publishes its ranking in a book called the Green Index and bases its conclusions on a wide array of data collected from state and federal agencies and private sources.
"It's a pattern in the South for policymakers to invite businesses into their region and look the other way when protecting the environment," said Mary Lee Kerr, co-author of the Green Index. She added, however, that "Some of the states with the worst pollution records are coming up with the most progressive policies."
Bernard Caton, deputy secretary of the Department of Natural Resources, says Virginia is starting to become one of those progressive states. The commonwealth toughened air quality standards on its own - even before Congress reauthorized the Clean Air Act three years ago. The state also showed its progressive stripes by signing the Chesapeake Bay Act, he said.
"We do have some areas we need to improve on," Caton said. "But if you look at it, we do have some strong environmental laws."
Some state lawmakers think they're too strong already. Businesses are moving out of the state or passing it over for others with less restrictive environmental regulations, said state Sen. Frank W. Nolen, a New Hope Democrat.
Nolen was pushing a Senate bill that would have prohibited state regulators from enacting environmental policies more restrictive than federal guidelines. The bill has been watered down.
Under the new version being debated this legislative session, state environmental agencies can propose new regulations. But they must first notify - in plain English - the appropriate legislative committee before enacting them.
If passed, the Nolen bill will enable state senators and delegates to legislatively block more restrictive state measures. Critics of Nolen's bill say it's another example of the state's softness on the environment.
"I'm just so tired of people coming up to me and saying they can't get businesses to come here because Virginia has more stringent laws than North Carolina," Nolen said. "Companies don't want to pollute. We got the message. Just give us some breathing space."
\ HOW VIRGINIA RANKS\ Virginia's ranking on environmental issues by the "Green Index," a book by the Institute of Southern Studies, Durham, N.C.\ \ AIR QUALITY: 44th worst for the amount of chemicals released by industry into the air.
\ WATER QUALITY: 49th worst for the amount of toxins released into waterways.
\ HEALTH: 47th worst in cancer cases and deaths per capita.
Keywords:
GENERAL ASSEMBLY