Natural Resources Issues Overview
NCSL tracks natural resources issues in four major categories: eminent domain, fishing, hunting and wildlife, forestry, land use management, and water resources.
Eminent domain is the physical taking of private property by government for a public use requiring just compensation. It traditionally has been associated with public facilities such as government buildings, roads and reservoirs. There has been increasing interest in its use by local governments struggling to generate jobs and tax revenue for economic development projects that may benefit a community but also confer significant benefits on private parties. NCSL's Environment, Energy and Transportation Program is tracking state eminent domain legislation in response to the U.S. Supreme Court's decision in Kelo v. New London (June 23, 2005), which upheld the use of eminent domain for economic development purposes. The legislation primarily addresses questions of whether eminent domain should be authorized, restricted or prohibited for economic development purposes, and what constitutes "public use" under state law.
Fishing, hunting and wildlife issues focus on the United States' appreciation and understanding of the land, waters and wildlife through participation in associated recreational activities. Fishing and hunting statutes address restrictions on these activities with the states while wildlife statutes explore liability issues for the damage caused to crops and property. There are extensive state and tribal resources available for the development and implementation of programs that benefit wildlife and their habitat.
Forestry issues have received significant attention in recent years as a result of wildfire concerns and subsequent consideration of state and federal policies for healthy forests and forest thinning. There has been a growing emphasis on addressing wildfire problems at the urban-rural interface as new housing and development activities penetrate traditionally rural areas. Forest fire legislation was considered by at least 28 states during the 2003 legislative sessions. Prescribed burn statutes are on the books in at least 16 states. Other important state forestry bills considered in 2003 dealt with forest management policies.
Land use management issues have focused on two primary areas: state and local land use planning that attempts to encourage development in areas that have sufficient infrastructure in place to service the development; and land conservation measures to preserve open space as a hedge against sprawl. Since 1997, the year the term "smart growth" was coined by Maryland Governor Parris Glendenning, at least 25 states have enacted some form of new growth planning or open space preservation legislation. The Growth Management Legislation Database addresses topics such as conservation easements, mixed-use development and tax credits. Recent state actions include passage of 64 ballot measures in 16 states on November 4, totaling $1.2 billion in revenue to fund land conservation projects.
Water resources issues have concerned themselves primarily with changes in water allocation laws. States have pursued legislation aimed at water conservation and more efficient water supply interconnections to ensure a stable water supply. With water shortages, states have amended existing or enacted new water allocation laws. This has been especially so in eastern states, where unmanaged riparian systems have affected many states' ability to monitor water use and respond effectively to drought. Population growth and water shortfalls have led to interstate battles over water supplies as well, particularly among Alabama, Florida and Georgia. On the positive side, California and the six other states that share the Colorado River Basin have reached an agreement that confirms the allocation formula contained in the 1922 compact, and implements water conservation and transfer measures in California that were passed by the legislature.
NCSL staff working on natural resources issues include Larry Morandi, director of the Environment, Energy and Transportation Program, Cathy Atkins and Jennifer Smith in NCSL's Denver office, and Michael Bird and Tamra Spielvogel in the Washington, D.C. office. Larry, Michael and Tamra staff NCSL's Environment and Natural Resources Committee.
The Denver office phone number is (303) 364-7700. To contact the Washington, D.C. staff call (202) 624-5400. General email for natural resources issues is natresources-info@ncsl.org. |
