States React to BP Oilspill with Focus on Environmental Issues

Environment and Natural Resources: Energy and protection of the environment are currently on the front pages of all media outlets as the effects of the BP offshore oil spill in the Gulf of Mexico challenge private and public entities to develop solutions for this and other related consequences. Among the many legislative solutions being proposed, here are three examples:

• California SJR 17 , relating to greenhouse gases, was enacted on April 26, 2010 to reaffirm the Legislature’s commitment to reducing greenhouse gases in California to 1990 levels by year 2020, while AB 32 of 2006, Governor Schwarzenegger’s climate law, will be challenged in November in a proposition to block full implementation of AB 32’s greenhouse gas regulations.

• Ohio Sub. H. B. No. 382 , pending as of March 11, 2010 for House Third consideration, provides immunity from liability for eligible landowners who provide access to abandoned mine land or land impacted by an abandoned mine or to a water resource located on the landowner's land for purposes of reclamation or water pollution abatement, provides immunity from liability for nonprofit organizations that provide funding or service for such reclamation or water pollution abatement, and designates that methane gas emitted from an abandoned coal mine constitutes a renewable energy resource. An amendment is planned to categorize methane gas as an advanced energy source.

• Hawaii SB 2782 , now before the Senate Committee on Judiciary and Government Operations, proposes a constitutional amendment banning the construction of new petroleum, coal, and nuclear power plants within the State without the approval of two-thirds of each house of the legislature.

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