Ironically, except for his efforts to pass the "flush tax" during the 2004 legislative session, Governor Ehrlich's record on the environment has been abysmal.

As the calendar turned to 2005, Governor Ehrlich was handed a lackluster mid-term report card from the Maryland League of Conservation Voters. The environmental watchdog group, which has been evaluating environmental leadership by Maryland governors and legislators since 1979, gave the governor a D+ grade, noting especially "the lack of progress on air pollution and failures in transportation planning, budget priorities, smart growth and land preservation."

Since the report card came out, the Ehrlich administration seems to be working hard to make sure its grade doesn't improve, and in fact now even the Governor's D+ average is in jeopardy.

The Department of Natural Resources entered 2005 peddling a reckless plan to introduce non-native oysters into the Chesapeake Bay. The agency's proposal lacked support from the scientific community, drew concerned responses from our neighboring states, and lacked adequate research into potential adverse effects. In response to this risky plan, the General Assembly passed responsible legislation sponsored by Sen. Joan Carter Conway that will keep non-native oysters out of the Bay until the department can demonstrate it has met scientific criteria established by the Chesapeake Bay Program and the National Research Council.

Maryland's air quality will suffer dramatically due in part to the Ehrlich administration's vigorous lobbying campaign during the 2005 General Assembly session to kill legislation that would have reduced pollution from automobiles and from coal-fired power plants. The emissions from these sources can contribute to an increased risk of asthma and other respiratory conditions, particularly among children and the elderly.

The American Lung Association's new report, "State of the Air 2005," documents some of the air quality challenges facing our region. The report gives 12 jurisdictions in Maryland, including Montgomery and Prince George's counties, "F" grades due to the alarming number of high ozone days. In Baltimore city, which scored an "F" for high ozone days and for elevated levels of particle pollution, the state's air monitoring stations are not even working.

The Ehrlich administration's record on land preservation is worse. The governor has undermined Program Open Space, Maryland's nationally recognized land conservation program that has been in place since 1969 and serves as a model for other states. Program Open Space seeks to balance Maryland's preservation and recreation needs with development, ensuring that forests, parks, streams, farmlands and wildlife habitats are safeguarded even as our state grows and prospers economically.

Governor Ehrlich's first three state budgets raided hundreds of millions of dollars from Program Open Space, crippling state and local land preservation efforts and potentially putting federal matching grants at risk.

While slamming the brakes on land preservation through Program Open Space, Ehrlich has shown other blatant signs of disregard for our public lands. Last year, the administration hatched a plan to sell 836 acres of forests in St. Mary's County to a developer. It subsequently became apparent that the governor was considering the sale of additional public lands, including many with ecological, historical or aesthetic value, on the premise that it might help balance the budget. In response to this misguided policy, I sponsored and the General Assembly passed a constitutional amendment requiring legislative approval before the governor can sell environmentally sensitive state land. Voters will have the opportunity to register their support for land preservation by ratifying the amendment in the General Election next November.

Maryland's bountiful and beautiful natural resources have made our state a popular tourist destination and a terrific place to live. Our public policy has traditionally reflected a strong ethic of conservation and a commitment to environmental protection. Marylanders should expect and demand steadfast, trustworthy political leadership on environmental issues. Regrettably, our citizens are not getting that leadership from Governor Robert Ehrlich.

Brian E. Frosh, a Democrat from Bethesda, represents District 16 in the state Senate where he also is chairman of the Senate Judicial Proceedings Committee.