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Weekly Update Volume 30, Issue 27

09/25/2000

LITIGATION
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red bar graphic  FORUM NON CONVENIENS, ALIEN TORT CLAIMS ACT (ATCA), PERSONAL JURISDICTION, HUMAN RIGHTS:

The Second Circuit upheld in part and reversed in part a district court dismissal on forum non conveniens grounds of individuals' ATCA suit alleging that an oil company participated in human rights violations in Nigeria. The district court properly held that the company is subject to personal jurisdiction in New York. The company maintains an office in New York, and as agents of the company, the office does business in New York. Further, the office's activities go beyond incidental ancillary activity in support of listing the company's stock. Moreover, the office's activities constitute sufficient and continual contacts by the company, and any exercise of jurisdiction over the company is fair and does not violate their due process. However, the district court erroneously dismissed the ATCA suit on forum non conveniens grounds. The district court applied an incorrect standard of law when it failed to credit the fact that two of the individual plaintiffs were U.S. residents who are entitled to greater deference in their choice of forum. Likewise, the district court failed to take notice that under the ATCA, the United States has an interest in furnishing a forum in which to litigate claims of international human rights violations. Additionally, the factors that led the district court to dismiss in favor of a British forum were not particularly compelling. Wiwa v. Royal Dutch Petroleum Co., Nos. 99-7233[L], -7245[XAP] (2d Cir. Sept. 14, 2000) (14 pp.).

red bar graphic  CERCLA, RESPONSE COSTS, SITE ASSESSMENTS:

The Eighth Circuit reversed a district court grant of summary judgment to oil companies in a CERCLA suit brought by landowners who the district court held did not incur response costs in acting to contain a proven release of hazardous substances. Although other circuits do not recognize testing and sampling as response costs incurred in response to proven releases that do not cause a threat to the public or the environment, CERCLA allows the recovery of the costs of ascertaining the danger posed by an actual or threatened release of hazardous substances, even if such testing determined that no cleanup is necessary. CERCLA plainly contemplates liability for site assessment. CERCLA also defines "response" to include removal actions, and "removal" in turn includes such actions as may be necessary to monitor, assess, and evaluate the release or threat of release. Further, the landowners' testing and evaluation costs incurred in response to an alleged release are not transformed into litigation costs merely because they were incurred after the landowners filed suit. Therefore, the results of the landowners' site assessments are not determinative of their ability to recover the costs of such assessments. Johnson v. James Langley Operating Co., No. 99-4036 (8th Cir. Sept. 8, 2000) (13 pp.).

red bar graphic  ENVIRONMENTAL REMEDIATION, CONTRACTS, CERCLA, IMPLIED COVENANT OF GOOD FAITH, FED. R. CIV. P. 37(d):

The Third Circuit affirmed two district court orders that dismissed a current property owner's contracts, implied covenant of good faith, and CERCLA claims against the previous owner and that imposed Fed. R. Civ. P. 37(d) sanctions against the current owner's general partner for failure to cooperate at deposition. Before selling the property to the current owner in 1985, the previous owner agreed to detoxify the property as approved by the state environmental agency. In 1997, the prior owner had yet to complete detoxification, and the current owner filed suit alleging breach of the agreement to complete detoxification in a reasonable time, breach of the implied covenant of good faith and fair dealing, and violation of CERCLA. However, the current owner failed to point to any record evidence demonstrating unreasonableness of the time taken to detoxify the property and obtain state approval. Likewise, a 1986 letter from the prior owner's environmental affairs director expressing concerns about state required cleanup levels does not belie the prior owner's intent from the outset to conduct detoxification in bad faith. Similarly, the consulting costs that the current owner asserts as its only CERCLA damages were litigation-related expenses that do not qualify as recoverable CERCLA response costs. Additionally, the district court properly imposed sanctions against the general partner because as the party designated under Fed. R. Civ. P. 30(b)(6) to speak for the current owner, the partner's lack of preparation and inability to provide relevant information at deposition is tantamount to a failure to appear that is sanctionable under Fed. R. Civ. P. 37(d). Black Horse Lane Assoc. v. Dow Chemical Corp., No. 00-5031 (3d Cir. Sept. 20, 2000) (42 pp.).

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red bar graphic  WATER RIGHTS, CONTRACTS, IMPLIED COVENANT OF GOOD FAITH:

The Tenth Circuit affirmed a district court decision that a river water users association neither breached a "no protest" clause in a contract with a second river water user association nor breached the implied covenant of good faith and fair dealing when it entered the contract. The contract resolved a decades-old water use conflict. Under the contract, the first association would not protest any further applications or permits necessary to carry out the agreement. The second association subsequently began to organize a dam construction project, and the first association opposed the dam's construction. The second association filed suit alleging breach of contract and breach of the implied covenant of good faith. The district court granted summary judgment to the first association as to the breach of contract claim, and at trial the district court found that the first association did not breach the implied covenant of good faith. Although the district court erroneously concluded that the contract was unambiguous and, thus, improperly granted summary judgment, the record clearly shows that at trial the associations presented evidence on the associations' intent in entering the agreement and the no protest provision's scope. Despite its summary judgment ruling, the district court reviewed the evidence and made the finding that the first association did not breach the contract. On remand, the district court would be forced, contrary to the doctrine of judicial economy, to repeat this process. In addition, the second association conceded that the record supports the first association's arguments concerning breach of the implied covenant of good faith. Moreover, the record and the contract's language and context support the finding that the contract and its no protest clause dealt only with water rights and not the dam construction. Further, the associations lacked the ability to enter a contract guaranteeing dam construction, but they did have the ability to resolve water rights. Sanpete Water Conservancy District v. Carbon Water Conservancy District, No. 99-4136 (10th Cir. Sept. 15, 2000 ) (11 pp.).

red bar graphic  APA, NATIONAL FOREST MANAGEMENT ACT (NFMA), FINAL AGENCY ACTION:

The Fifth Circuit vacated and remanded a district court decision that enjoined U.S. Forest Service timber harvesting in the National Forests of Texas due to on-the-ground Forest Service violations of the NFMA. Because the NFMA does not provide for judicial review, the APA governs, and it limits review to final agency action. Under Lujan v. National Wildlife Federation, 497 U.S. 871, 20 ELR 20962 (1990), challenges to final agency actions are limited to challenges of identifiable, particularized events, and do not include programmatic challenges. The environmental groups' challenge in this case is precisely the type of programmatic challenge struck down in Lujan. The challenge seeks wholesale improvement of Forest Service timber management in Texas, and it challenges timber sales from 1970 to those that have yet to occur. This is not a justiciable challenge because the program of timber management to which the groups object does not mark the consummation of agency decisionmaking process. Instead, the groups impermissibly seek review of the Service's day-to-day activities. Further, the groups' challenge is not made justiciable by its identification of some specific timber sales because the groups offered the sales as evidence of the Service's on-the-ground management, not as specific challenges. Moreover, the district court did not limit review to specific sales. Additionally, the groups cannot maintain their challenge under the alternative theory that the Service failed to act because the Service's failure to comply with the NFMA in maintaining the forests does not reflect reviewable agency inaction. Sierra Club v. Peterson, No. 97-41274 (5th Cir. Sept. 20, 2000) (15 pp.).

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red bar graphic  PRIVATE TAKINGS, RIPENESS:

The Sixth Circuit reversed a district court dismissal of a property owner's takings claim against a county as unripe. The owner alleged that the county impermissibly listed her driveway as a county road and would not delist it because a neighbor used it to access a road and get mail. The district court held that the owner's claims were not ripe because the owner had failed to obtain a final decision by a state decisionmaker and had not utilized state inverse condemnation procedures as required by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). However, where a private taking is alleged and the state physically occupies property, there is no need to ask the state decisionmaker to determine if a taking occurred. Here, the county dispossessed the owner of her driveway by designating it a public road. Moreover, private takings are unconstitutional regardless of whether just compensation is paid, and a litigant asserting a private takings claim need not resort to state remedies. Therefore, to the extent that the owner claims her property was taken for a private use, the claim is ripe, but to the extent that the owner claims that the driveway's designation was a taking for public use without just compensation, the claim is not ripe until the Williamson requirements are met. Moreover, the county cannot argue that the statute of limitation bars the owner's claim because at one point the county informed the owner that the road would be delisted, thereby leading the owner to reasonably believe that she did not need to file a claim within the statutory period. Montgomery v. Carter County, Tennessee, Nos. 98-6403, -6440 (6th Cir. Sept. 18, 2000) (13 pp.).

red bar graphic  LAND USE, ZONING, FIRST AMENDMENT:

The Seventh Circuit affirmed a district court decision upholding a Chicago Park District regulation that a marijuana legalization group claimed violated the First Amendment on its face. The regulation requires that a permit be obtained for an assembly, parade, demonstration, or other event by a group of more than 50 people. The regulation does not authorize permit denial based on the content of speech or expressive activity. The regulation properly allows permit denial if an applicant has made material misrepresentations because the terms "material" and "misrepresentation" are not excessively vague. Further, although the district's discretion to deny permits creates a danger of permit denial based on political grounds, excising such a discretionary feature would make the regulation more restrictive than it is. Likewise, the regulation's requirement that permit applicants obtain insurance does not amount to an impermissible heckler's veto because the insurance requirement is not based on the nature of the event but on the size and nature of the facilities needed for the event. Similarly, the regulation's lack of a judicial review provision does not render it invalid. Because the regulation is not a form of censorship, it need not include a judicial review provision. Moreover, like regulations with judicial review provisions, review of regulations without judicial review provisions are governed under the state's administrative procedure act. In addition, the regulation's expedited permit review requirements renders an oral hearing impossible. Thomas v. Chicago Park District, No. 99-1811 (7th Cir. Sept. 14, 2000) (9 pp.).

red bar graphic  NEW YORK CITY WATERSHED REGULATIONS, RIPENESS, TAKINGS, DUE PROCESS, EQUAL PROTECTION:

A district court dismissed a property owner's complaint alleging that the New York City watershed memorandum of agreement (MOA) and its regulations violated the U.S. Constitution, the state constitution, and state statutory and common law. The owner's claims that the MOA and its regulations as they are applied violate the U.S. Constitution are not ripe for review. The owner has failed to obtain a final--or any--decision concerning the applicability of the MOA or the regulations to his property. Further, at least one meaningful application for development must be made in order to evoke the futility exception, and the owner cites no authority that permits a litigant to maintain a lawsuit based on his financial inability to submit an application or on his allegation that such applications are typically denied. Likewise, the owner's claims that the MOA and its regulations are unconstitutional on their face are not claims on which relief can be granted. Because the owner can petition for relief from the regulations and because the regulations do not deprive the owner of all economic use of his property, the owner cannot prove an unconstitutional facial taking. Moreover, the MOA and its regulations are rationally related to the legitimate government interest of the pursuit of clean water and, therefore, the owner's facial substantive due process claim fails. Similarly, the owner's procedural due process rights to notice and hearing were never triggered because the MOA and its regulations resulted from a series of legislative acts. The owner's facial equal protection challenge also fails because he cannot show that the regulations on their face bear no rational relation to a legitimate government interest. In addition, because the court dismisses all of the owner's federal claims, there remains no independent jurisdiction over the owner's state-law claims. Kittay v. Giuliani, No. 99 CIV. 5761(BDP) (S.D.N.Y. Sept. 7, 2000) (Parker, J.) (13 pp.).

red bar graphic  FIFRA, PESTICIDE REGISTRATION, LIABILITY GUARANTY:

The EPA Environmental Appeals Board affirmed an administrative law judge (ALJ) decision assessing a $175,000 civil penalty against a dental products manufacturer liable for 89 FIFRA violations. The manufacturer agreed to distribute a line of Canadian health products, but an EPA inspection of the manufacturer's facility revealed that four of the Canadian products the manufacturer had sold were unregistered pesticides under FIFRA. An agreement that the manufacturer entered with the Canadian health producer and the U.S. distributor of the unregistered products did not create a valid FIFRA §12(b)(1) guaranty that would allow the manufacturer to escape liability because the agreement lacked an assertion that the four products were lawfully registered. Further, although the agreement included a valid guaranty for a lawfully registered solution, that guaranty did not encompass the four unregistered products because they contained unique packaging and labeling that render them separate pesticide products under FIFRA. Moreover, evidence of the parties' course of dealing when they entered the agreement did not contradict the contract's specific terms, which do not contain a valid guaranty. Likewise, although the ALJ erred when he failed to consider the manufacturer's evidence of course of performance, the evidence failed to establish a valid guaranty. In addition, the ALJ did not abuse its discretion when it assessed the civil penalty. In re Sultan Chemists, Inc., FIFRA Appeal No. 99-7 (EPA Sept. 13, 2000) (51 pp.).

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red bar graphic  INSURANCE, ABSOLUTE POLLUTION EXCLUSION, "CONTAMINANT":

The South Dakota Supreme Court reversed a lower court decision that an insurer breached its duty to defend a cement manufacturer in a suit brought by property owners and individuals alleging damages caused by the manufacturer's emissions. The manufacturer's insurance policy includes an absolute pollution exclusion clause that provides that the policy does not apply to bodily injury or property damage arising from the discharge or release of pollutants. The policy defined "pollutants" to include irritants and contaminants. A review of the complaint  reveals that the basic underlying theory to all of the claims against the manufacturer is the emission of contaminants in the form of cement dust. Such emissions fall within the pollution exclusion and, therefore, the insurer's duty to defend is negated. Moreover, the terms "contaminant" and "irritant" are not so overly broad as to be all-inclusive or meaningless. Further, the insurer did not have the burden of showing that no duty to defend exists. In addition, the settlement award to the manufacturer, which was based on the insurer's breach of its duty to defend, was reversed. South Dakota State Cement Plant Commission v. Wausau Underwriters Insurance Co., No. 200 SD 116 (S.D. Aug. 23, 2000) (11 pp.).

Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved

THE FEDERAL AGENCIES
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Note: Citations below are to the Federal Register.

red bar graphic  AIR:

  • EPA stayed its findings in the nitrogen oxides SIP call with respect to the 8-hour ozone NAAQS in light of uncertainty created by the D.C. Circuit's decision in American Trucking Ass'n. v. EPA, 175 F.3d 1027, 29 ELR 21071, on rehearing, 195 F.3d 4, 30 ELR 20119 (D.C. Cir. 1999). 65 FR 56245 (9/18/00).
  • EPA proposed substantive and minor revisions to the motor vehicle inspection/maintenance (I/M) requirements to give additional flexibility to state I/M programs by allowing them to replace traditional I/M tests on model year 1996 and new vehicles equipped with a check of the onboard diagnostic system. 65 FR 56844 (9/20/00). 
  • EPA announced the release of the Hazardous Waste Combustion NESHAP Toolkit on the Internet. 65 FR 56798 (9/20/00). 
  • EPA announced the availability of recommendations from the Agricultural Air Quality Task Force regarding an air quality policy on agricultural burning and on a voluntary (incentive-based) control measures policy to address reasonably available control measure/best available control measure requirements for particulate matter nonattainment areas. 65 FR 56308 (9/18/00). 
  • EPA announced the availability of reports on progress made toward the national visibility goal in Montana and South Dakota. 65 FR 56310 (9/18/00). 

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red bar graphic  ENDANGERED SPECIES:

  • FWS and NOAA issued a policy addressing the role of controlled propagation in the conservation and recovery of endangered and threatened species. 65 FR 56916 (9/20/00). 
  • FWS listed the Santa Barbara County distinct vertebrate population segment of the California tiger salamander as endangered under the ESA. 65 FR 57241 (9/21/00).

red bar graphic  HAZARDOUS WASTES AND SOLIDS:

  • EPA proposed to enter into a settlement under CERCLA §122(h)(1) in connection with the Interstate Lead Company site in Leeds, Ala. 65 FR 56577 (9/19/00). 
  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with the Master Metals, Inc., Superfund site in Cleveland, Ohio. 65 FR 56577 (9/19/00). 
  • EPA approved revisions to Florida's hazardous waste management program under RCRA. 65 FR 56256 (9/18/00). 
  • EPA approved revisions to Tennessee's hazardous waste management program under RCRA. 65 FR 57287 (9/22/00).

red bar graphic  WATER QUALITY:

  • EPA announced the availability of the Draft Guidance Document for Nutrient Trading in the Chesapeake Bay. 65 FR 56576 (9/19/00). 
  • EPA announced the availability of a final report entitled Workshop Report on Characterizing Ecological Risk at the Watershed Scale. 65 FR 57189 (9/21/00). 
  • EPA announced that discharge sewage, whether treated or not, from vessels into Lake Powell in Utah and Arizona is now prohibited. 65 FR 56577 (9/19/00).

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red bar graphic  DOJ NOTICES OF SETTLEMENTS:

  • U.S. v. Cantrell, No. C-1-98-247 (S.D. Ohio Sept. 1, 2000) (a settling CERCLA defendant must pay $650,000 in past U.S. response costs incurred at the Automatic Containers Superfund site near Ironton, Ohio, and is responsible for any future CERCLA response costs associated with the site), 65 FR 56924 (9/20/00);
  • U.S. v. City of Phoenix, Ariz., No. CV 001681PHXEHC (D. Ariz. Aug. 31, 2000) (a settling SDWA defendant that allegedly violated various provisions of the Act and the national primary drinking water regulations must pay a $350,000 civil penalty, must implement certain compliance measures in its public water drinking system, and, as part of two supplemental environmental projects, must implement strategies and measures to address taste and odor problems in drinking water at an estimated cost of $1.26 million, and must sample water to determine the presence of methyl tertiary butyl ether and ammonium perchlorate at an estimated cost of $26,240), 65 FR 56925 (9/20/00);
  • U.S. v. Shaffer, No. 95-10023MLW (D. Mass. Aug. 30, 2000) (a group of performing settling CERCLA defendants must pay certain past U.S. response costs incurred at the Shaffer Landfill Operable Unit of the Iron Horse Park Superfund site in Billerica, Mass., must pay future oversight costs, must construct the record of decision for the Shaffer Operable Unit, must implement operation and maintenance for 40 years, and must perform certain groundwater monitoring; a second group of cashout settling defendants must collectively pay a total of $627,234.40 to the United States, Massachusetts, and the performing settling defendants), 65 FR 56925 (9/20/00);
  • U.S. v. Warehouse 81 Ltd. Partnership, No. 4:00-CV-1549 (M.D. Pa. Aug. 30, 2000) (settling CERCLA defendants must pay $31,000 in U.S. response costs incurred at the MW Manufacturing Superfund site in Valley Township, Pa., and must implement specified response actions selected by EPA for the site), 65 FR 56925 (9/20/00).

Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS
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red bar graphic PUBLIC LAWS

  • S. 1629 (land exchange), which would provide for the exchange of certain land in Oregon, was signed into law by President Clinton on August 8, 2000. Pub. L. No. 106-257, 114 Stat. 650.
  • S. 2327 (oceans), which would establish a Commission on Ocean Policy, was signed into law by President Clinton on August 7, 2000. Pub. L. No. 106-256, 114 Stat. 644.
  • H.R. 1749 (rivers), which would designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component of the National Wild and Scenic Rivers System, was signed into law by President Clinton on August 18, 2000. Pub. L. N. 261, 114 Stat. 735.
  • H.R. 3291 (water rights), which would provide for the settlement of the water rights claims of the Shivwits Band of the Paiute Indian Tribe of Utah, was signed into law by President Clinton on August 18, 2000. Pub. L. No. 106-263, 114 Stat. 737.
  • H.R. 4249 (international aid; environmental cleanup), which would foster cross-border cooperation and environmental cleanup in Northern Europe, was signed into law by President Clinton on August 2, 2000. Pub. L. No. 106-255, 114 Stat. 639.

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red bar graphic  CHAMBER ACTION

  • S. 624 (water resources), which would authorize construction of the Fort Peck Reservation Rural Water System in Montana, was passed by the House. 146 CONG. REC. H7401 (daily ed. Sept. 12, 2000).
  • S. 835 (estuaries), which would encourage the restoration of estuary habitat through more efficient project financing and enhanced coordination of federal and non-federal restoration programs, was passed by the House. 146 CONG. REC. H7482 (daily ed. Sept. 12, 2000). 
  • S. 1027 (Deschutes Resources Conservancy), which would reauthorize the participation of the Bureau of Reclamation in the Deschutes Resources Conservancy, was passed by the House, clearing the measure for the President. 146 CONG. REC. H7399 (daily ed. Sept. 12, 2000).
  • S. 1608 (national forests), which would amend the formula under which states and counties receive royalties from activities on National Forest System lands and public domain lands, was passed by the Senate. 146 CONG. REC. S8511 (daily ed. Sept. 13, 2000) (bill reprinted).
  • S. 2247 (Wheeling National Heritage Area), which would establish the Wheeling National Heritage Area in West Virginia, was passed by the Senate. 146 CONG. REC. S8662 (daily ed. Sept.18, 2000) (bill reprinted).
  • S. 2348 (pipeline safety), which would provide for enhanced safety, public awareness, and environmental protection in pipeline transportation, was passed by the Senate. 146 CONG. REC. S8255 (daily ed. Sept. 7, 2000) (bill reprinted).
  • H.R. 940 (Lackawanna Valley National Heritage Area), which would designate the Lackawanna Valley and the Schuylkill River National Heritage Areas, was passed by the Senate. 146 CONG. REC. S8659 (daily ed. Sept. 18, 2000) (bill reprinted).
  • H.R. 1775 (estuaries), which would provide for the restoration of estuary habitat through financing of projects and enhanced coordination of federal and non-federal restoration programs, was passed by the House. 146 CONG. REC. H7475 (daily ed. Sept. 12, 2000).
  • H.R. 2090 (oceans), which would direct the Secretary of Commerce to contract with the National Academy of Sciences to establish the Coordinated Oceanographic Program Advisory Panel to report to the Congress on the feasibility and social value of a coordinated oceanography program, was passed by the House. 146 CONG. REC. H7385 (daily ed. Sept. 12, 2000).
  • H.R. 3378 (Tijuana River), which would authorize certain actions to address the comprehensive treatment of sewage emanating from the Tijuana River in order to substantially reduce river and ocean pollution in the San Diego border region, was passed by the House. 146 CONG. REC. H7470 (daily ed. Sept. 12, 2000).
  • H.R. 3631 (Golden Gate National Recreation Area), which would revise the boundaries of the Golden Gate National Recreation Area, was passed by the House. 146 CONG. REC. H7393 (daily ed. Sept. 12, 2000).
  • H.R. 3657 (land conveyance), which would provide for the conveyance of a small parcel of public domain land in the San Bernardino National Forest in California, was passed by the House. 146 CONG. REC. H7399 (daily ed. Sept. 12, 2000).
  • H.R. 4104 (CWA), which would amend the CWA to authorize funding to carry out certain water quality and barrier island restoration projects for the Mississippi Sound, was passed by the House. 146 CONG. REC. H7480 (daily ed. Sept. 12, 2000).
  • H.R. 4318 (Red River National Wildlife Refuge), which would establish the Red River National Wildlife Refuge in Texas, was passed by the House. 146 CONG. REC. H7388 (daily ed. Sept. 12, 2000).
  • H.R. 4733 (appropriations; energy and water development), which would make appropriations for energy and water development for the fiscal year ending September 30, 2001, was passed by the Senate. 146 CONG. REC. S8129 (daily ed. Sept. 7, 2000).
  • H.R. 4840 (fisheries), which would reauthorize the Atlantic Coastal Fisheries Cooperative Management Act, was passed by the House. 146 CONG. REC. H7384 (daily ed. Sept. 12, 2000).

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red bar graphic  COMMITTEE ACTION

  • S. 134 (Apostle Islands National lakeshore) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 371, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would direct the Secretary of the Interior to study whether the Apostle Islands National Lakeshore should be protected as a wilderness area. 
  • S. 552 (CWA) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 366, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would amend the CWA to improve the quality of beaches and coastal recreation water.
  • S. 624 (water resources) was reported by the House Committee on Resources. H. Rep. No. 823, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would authorize construction of the Fort Peck Reservation Rural Water System in Montana.
  • S. 729 (national monument designations) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 729, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would ensure that Congress and the public have the right to participate in the declaration of national monuments on federal lands.
  • S. 1148 (Native American lands; water resources) was reported by the Senate Committee on Indian Affairs. S. Rep. No. 367, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would provide for the Yankton Sioux Tribe and Santees Tribe of Nebraska certain benefits of the Missouri Basin Pick-Sloan Project.
  • S. 1211 (Colorado River) was reported by the House Committee on Resources. H. Rep. No. 814, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would act to amend the Colorado River Basin Salinity Control Act to authorize additional measures to carry out the control of salinity upstream of Imperial Dam in a cost-effective manner.
  • S. 1275 (Hoover Dam) was reported by the House Committee on Resources. H. Rep. No. 808, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would act to authorize the Secretary of the Interior to produce and sell products relating to the Hoover Dam and to deposit the revenues from the sales into the Colorado River Dam fund.
  • S. 1534 (CZMA) was reported by the Senate Committee on Commerce, Science, and Transportation. S. Rep. No. 412, 146 CONG. REC. S8584 (daily ed. Sept. 14, 2000). The bill would reauthorize the CZMA.
  • S. 1612 (water resources; land conveyance) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 372, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would direct the Secretary of the Interior to convey certain irrigation project property to certain irrigation and reclamation districts in Nebraska.
  • S. 1643 (Effigy Mounds National Monument) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 374, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would authorize the addition of certain parcels to the Effigy Mounds National Monument.
  • S. 1694 (water recycling) was reported by the House Committee on Resources. H. Rep. No. 857, 146 CONG. REC. H7722 (daily ed. Sept. 18, 2000). The bill would direct the Secretary of the Interior to conduct a study on the reclamation and reuse of water and wastewater in the State of Hawaii.
  • S. 1762 (water resources) was reported by the Senate Committee on Agriculture, Nutrition, and Forestry, S. Rep. No. 408, 146 CONG. REC. S8501 (daily ed. Sept. 13, 2000). The bill would amend the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide cost share assistance for the rehabilitation of structural measures constructed as part of water resources projects previously funded by the Secretary.
  • S. 1925 (Lake Tahoe; environmental restoration) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 400, 146 CONG. REC. S8290 (daily ed. Sept. 8, 2000). The bill would promote environmental restoration around the Lake Tahoe basin.
  • S. 1972 (land conveyance) was reported by the Senate. S. Rep. No. 375, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would direct the Secretary of Agriculture to convey to the town of Dolores, Colorado, the current site of the Joe Rowell Park.
  • S. 2048 (San Rafael Western Legacy District) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 401, 146 CONG. REC. S8290 (daily ed. Sept. 8, 2000). The bill would establish the San Rafael Western Legacy District in Utah.
  • S. 2051 (Golden Gate National Recreation Area) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 376, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would revise the boundaries of the Golden Gate National Recreation Area.
  • S. 2069 (land conveyance) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 402, 146 CONG. REC. S8290 (daily ed. Sept. 8, 2000). The bill would permit the conveyance of certain land in Powell, Wyoming.
  • S. 2239 (endangered fish habitat) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 403, 146 CONG. REC. S8290 (daily ed. Sept. 8, 2000). The bill would authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado River and San Juan River basins.
  • S. 2279 (Sequoia National Park) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 377, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would authorize the addition of land to Sequoia National Park.
  • S. 2297 (Smith, R-N.H.) (water resources) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 369, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would reauthorize the Water Resources Research Act.
  • S. 2300 (mineral leasing) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 378, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would amend the Mineral Leasing Act to increase the maximum acreage of federal leases for coal that may be held by an entity in any one state.
  • S. 2343 (historic preservation) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 380, 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would amend the National Historic Preservation Act for the purposes of establishing a national historic lighthouse preservation program.
  • S. 2438 (pipeline safety) was reported by the Senate Committee on Commerce, Science, and Transportation. S. Rep. No. 387, 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would provide for enhanced safety, public awareness, and environmental protection in pipeline transportation.
  • S. 2439 (Southeastern Alaska Intertie system) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 405, 146 CONG. REC. S8342 (daily ed. Sept. 11, 2000). The bill would authorize the appropriation of funds for the construction of the Southeastern Alaska Intertie system, and for other purposes.
  • S. 2499 (hydroelectric power) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 381, 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would extend the deadline for commencement of construction of a hydroelectric project in Pennsylvania.
  • S. 2878 (wildlife refuges) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 369, 146 CONG. REC. S8018 (daily ed. Sept. 5, 2000). The bill would commemorate the centennial of the establishment of the first national wildlife refuge in the United States on March 14, 1903.
  • H.R. 468 (St. Helena Island National Scenic Area) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 392, 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would establish the Saint Helena Island National Scenic Area.
  • H.R. 701 (Outer Continental Shelf; land conservation) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 413, 146 CONG. REC. S8585 (daily ed. Sept. 14, 2000). The bill would provide Outer Continental Shelf Impact Assistance to state and local governments, to amend the Land and Water Conservation Fund Act, the Urban park and Recreation Recovery Act, and the Federal Aid in Wildlife Restoration Act.
  • H.R. 992 (land conveyance; water resources) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 393, 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would convey the Sly Park Dam and Reservoir to the El Dorado Irrigation District.
  • H.R. 999 (CWA) was reported by the Senate Committee on Environment and Public Works. 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would amend the CWA to improve the quality of coastal recreation waters.
  • H.R. 1113 (Calusa Basin Watershed) was reported by the House Committee on Resources. H. Rep. No. 811, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would assist in the development and implementation of projects to provide for the control of drainage, storm, flood, and other waters as part of water-related integrated resource management, environmental infrastructure, and resource protection and development projects in the Colusa Basin Watershed in California.
  • H.R. 1124 (water resources) was reported by the House Committee on Resources. H. Rep. No. 824, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would authorize construction of the Fort Peck Reservation Rural Water System in Montana.
  • H.R. 1695 (land conveyance) was reported by the Senate Committee on Energy and Natural Resources. S. Rep. No. 394, 146 CONG. REC. S8019 (daily ed. Sept. 5, 2000). The bill would provide for the conveyance of certain federal public lands in the Ivanpah Valley in Nevada to Clark County, Nevada, for the development of an airport facility.
  • H.R. 1751 (Carrizo Plain National Conservation Area) was reported by the House Committee on Resources. H. Rep. No. 831, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would establish the Carrizo Plain National Conservation Area in California.
  • H.R. 2090 (oceanography) was reported by the House Committee on Resources. H. Rep. No. 810, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would direct the Secretary of Commerce to contract with the National Academy of Sciences to establish the Coordinated Oceanographic Program Advisory Panel to report to the Congress on the feasibility and social value of a coordinated oceanography program.
  • H.R. 2267 (national trails) was reported by the Senate Committee on Resources. S. Rep. No. 846, 146 CONG. REC. H7650 (daily ed. Sept. 14, 2000). The bill would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the majority of the trails.
  • H.R. 2647 (water rights) was reported by the Senate Committee on Indian Affairs. S. Rep. No. 415, 146 CONG. REC. S8759 (daily ed. Sept. 19, 2000). The bill would amend the Act entitled 'An Act relating to the water rights of the Ak-Chin Indian Community' to clarify certain provisions concerning the leasing of such water rights. 
  • H.R. 2674 (water resources) was reported by the House Committee on Resources. H. Rep. No. 832, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would provide for the conveyance of the Palmetto Bend project to the state of Texas.
  • H.R. 2752 (land acquisition) was reported by the House Committee on Resources. H. Rep. No. 847, 146 CONG. REC. H7650 (daily ed. Sept. 14, 2000). The bill would give Lincoln County, Nevada, the right to purchase at fair market value certain public land located within the county.
  • H.R. 2798 (salmon habitat restoration) was reported by the House Committee on Resources. H. Rep. No. 806, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would authorize the Secretary of Commerce to provide financial assistance to Alaska, Washington, Oregon, and California for salmon habitat restoration projects in coastal waters and upland drainages.
  • H.R. 2984 (water resources) was reported by the House Committee on Resources. H. Rep. No. 826, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would direct the Secretary of the Interior, through the Bureau of Reclamation, to convey to the Loup Basin Reclamation District, the Sargent River Irrigation District, and the Farwell Irrigation District, Nebraska, property comprising the assets of the Middle Loup Division of the Missouri River Basin Project in Nebraska.
  • H.R. 2986 (water resources) was reported by the House Committee on Resources. H. Rep. No. 864, 146 CONG. REC. H7869 (daily ed. Sept. 19, 2000). The bill would provide for a study of the engineering feasibility of a water exchange in lieu of electrification of the Chandler Pumping Plant at Prosser Diversion Dam, Washington.
  • H.R. 3388 (Lake Tahoe basin) was reported by the House Committee on Resources. H. Rep. No. 833, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would promote environmental restoration around the Lake Tahoe basin.
  • H.R. 3520 (rivers) was reported by the House Committee on Resources. H. Rep. No. 813, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would designate segments and tributaries of White Clay Creek in Delaware and Pennsylvania as a component of the National Wild and Scenic Rivers System.
  • H.R. 3595 (appropriations; dams) was reported by the House Committee on Resources. H. Rep. No. 836, 146 CONG. REC. H7501 (daily ed. Sept. 12, 2000). The bill would increase the authorization of appropriations for the Reclamation Safety of Dams Act of 1978. 
  • H.R. 3632  (Effigy Mounds National Monument) was reported by the House Committee on Resources. H. Rep. No. 826, 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill would authorize the addition of certain parcels to the effigy Mounds National Monument in Iowa.
  • H.R. 3661 (federal lands; aviation) was reported by the House Committee on Resources. H. Rep. No. 841, 146 CONG. REC. H7501 (daily ed. Sept. 12, 2000). The bill would help ensure general aviation aircraft access to Federal land and to the airspace over that land.
  • H.R. 4104 (CWA) was reported by the House Committee on Transportation and Infrastructure. H. Rep. No. 840, 146 CONG. REC. S7501 (daily ed. Sept. 12, 2000). The bill would amend the CWA to authorize funding to carry out certain water quality and barrier island restoration projects for the Mississippi Sound, and for other purposes; with amendments.
  • H.R. 4226 (land exchange) was reported by the House Committee on Resources. H. Rep. No. 816, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would authorize the Secretary of Agriculture to sell or exchange all or part of certain administrative sites and other land in the Black Hills National Forest and to use funds derived from the sale or exchange to acquire or construct administrative improvements in the Black Hills national Forest.

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  • H.R. 4389 (land conveyance; water resources) was reported by the House Committee on Resources. H. Rep. No. 812, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000). The bill would direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District.
  • H.R. 4521 (Glacier National Park) was reported by the House Committee on Resources, H. Rep. No. 848, 146 CONG. REC. H7650 (daily ed. Sept. 14, 2000). The bill would direct the Secretary of the Interior to authorize and provide funding for rehabilitation of the Going-to-the Sun Road in Glacier National Park.
  • H.R. 4635 (appropriations; EPA) was reported by the House Committee on Appropriations. H. Rep. No. 410, 146 CONG. REC. S8501 (daily ed. Sept. 13, 2000). The bill would make appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, including EPA.
  • H.R. 4643 (Native American lands) was reported by the House Committee on Resources. H. Rep. No. 855, 146 CONG. REC. H7722 (daily ed. Sept. 18, 2000). The bill would provide for the settlement of issues and claims related to the trust lands of the Torres-Martinez Desert Cahuilla Indians.
  • H.R. 4790 (hunting) was reported by the House Committee on Resources. H. Rep. No. 838, 146 CONG. REC. H7501 (daily ed. Sept. 12, 2000). The bill would recognize hunting heritage and provide opportunities for continued hunting on public lands. 
  • H.R. 4847 (reclamation projects) was reported by the House Committee on Resources. H. Rep. No. 856, 146 CONG. REC. H7722 (daily ed. Sept. 18, 2000). The bill would direct the Secretary of the Interior to refund certain amounts received by the United States pursuant to the Reclamation Reform Act.
  • H.R. 4840 (fisheries) was reported by the House Committee on Resources. H. Rep. No. 804, 146 CONG. REC. H7279 (daily ed. Sept. 6, 2000).

red bar graphic  BILLS INTRODUCED

  • S. 3002 (Bingaman, D-N.M.) (pipeline safety) would authorize a coordinated research program to ensure the integrity, safety, and reliability of natural gas and hazardous liquids pipelines. 146 CONG. REC. S8019, S8020 (daily ed. Sept. 5, 2000). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3022 (Craig, R-Idaho) (land conveyance) would direct the Secretary of the Interior to convey certain irrigation facilities to the Nampa and Meridian Irrigation District. 146 CONG. REC. S8291 (daily ed. Sept. 8, 2000). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3027 (Thurmond, R-S.C.) (land transfer) would authorize the Secretary of Agriculture to purchase and transfer certain land. 146 CONG. REC. S8412 (daily ed. Sept. 12, 2000). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. 
  • S. 3036 (Torricelli, D-N.J.) (environmental restoration) would assure that recreation and other economic benefits are accorded the same weight as hurricane and storm damage reduction benefits as well as environmental restoration benefits. 146 CONG. REC. S8413 (daily ed. Sept. 12, 2000). The bill was referred to the Committee on Environment and Public Works.
  • S. 3039 (Craig, R-Idaho) (land conveyance) would authorize the Secretary of Agriculture to sell a Forest Service administrative site occupied by the Rocky Mountain Research Station located in Boise, Idaho, and use the proceeds derived from the sale to purchase interests in a multiagency research and education facility to be constructed by the University of Idaho. 146 CONG. REC. S8413 (daily ed. Sept. 12, 2000). The bill was referred to the Committee on Energy and Natural Resources. 
  • S. 3044 (McCain, R-Ariz.) (Las Cienegas National Conservation Area) would establish the Las Cienegas National Conservation Area in Arizona. 146 CONG. REC. S8501 (daily ed. Sept. 13, 2000). The bill was referred to the Committee on Energy and Natural Resources.

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  • H.R. 5113 (Bilbray, R-Cal.) (flood control; electric power) would amend the Flood Control Act to provide that investor owned utilities and other private entities shall have the same rights to purchase electric energy generated at federal facilities as public bodies and cooperatives. 146 CONG. REC. H7280 (daily ed. Sept. 6, 2000). The bill was referred to the Committees on Transportation and Infrastructure, and Resources, and Commerce.
  • H.R. 5118 (Saxton, R-N.J.) (submerged lands) would provide that the waters and submerged lands off the coast of New Jersey and within the Historic Area Remediation Site shall be treated as marine protected area for purposes of Executive Order 13158. 146 CONG. REC. H7280 (daily ed. Sept. 6, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5120 (Calvert, R-Cal.) (reclamation projects) would amend the Small Reclamation Projects Act of 1956 to establish a partnership program in the Bureau of Reclamation for small reclamation projects. 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5121 (Shaw, R-Fla.) (Everglades) would authorize a comprehensive Everglades restoration plan. 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill was referred to the Committees on Transportation and Infrastructure, and Resources,
  • H.R. 5130 (Doolittle, R-Cal.) (water resources) would authorize the Secretary of the Interior to provide cost sharing for the CALFED water enhancement programs in California. 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill was referred to the Committees on Resources, and Transportation and Infrastructure.
  • H.R. 5131 (Filner, D-Cal.) (electric utility pricing) would require FERC to roll back the wholesale price of electric energy sold in the Western System Coordinating Council. 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill was referred to the Committee on Commerce.
  • H.R. 5133 (Gilchrest, R-Md.) (NOAA; Chesapeake Bay) would amend the NOAA Administration Authorization Act to revise and enhance authorities, and to authorize appropriations for the Chesapeake Bay Office. 146 CONG. REC. H7364 (daily ed. Sept. 7, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5139 (Norwood, R-Ga.) (land conveyance) would provide for the conveyance of certain real property at the Carl Vinson Department of Veterans Affairs Medical Center in Dublin, Georgia. 146 CONG. REC. H7365 (daily ed. Sept. 7, 2000). The bill was referred to the Committee on Veteran's Affairs.
  • H.R. 5141 (Spratt, D-S.C.) (land exchange) would direct the Secretary of Agriculture to release the reversionary interest of the United States in certain land located in Sumter County, South Carolina, to facilitate a land exchange involving that land and to provide for an exchange of the mineral interests of the United States in those lands. 146 CONG. REC. H7365 (daily ed. Sept. 7, 2000). The bill was referred to the Committees on Agriculture, and Resources.
  • H.R. 5150 (Blumenauer, D-Or.) (Columbia River) would direct the Secretary of the Army to conduct studies and ecosystem restoration projects within the Lower Columbia River and Tillamook Bay Estuaries, Oregon and Washington. 146 CONG. REC. H7501 (daily ed. Sept. 19, 2000). The bill was referred to the Committees on Transportation and Infrastructure, and Resources. 
  • H.R. 5165 (Blumenauer, D-Or.) (land use) would assist states with land use planning in order to promote improved quality of life, regionalism, sustainable economic development, and environmental stewardship. 146 CONG. REC. H7577 (daily ed. Sept. 13, 2000). The bill was referred to the Committees on Resources, and Banking and Financial Services, and Agriculture.
  • H.R. 5175 (Oxley, R-Ohio) (CERCLA) would provide relief to small businesses under CERCLA. 146 CONG. REC. H7651 (daily ed. Sept. 14, 2000). The bill was referred to the Committees on Commerce, and Transportation and Infrastructure.
  • H.R. 5176 (Bilbray, R-Cal.) (energy conservation) would amend the Internal Revenue Code to provide incentives to introduce new technologies to reduce energy consumption in buildings. 146 CONG. REC. H7651 (daily ed. Sept. 14, 2000).
  • H.R. 5187 (Pomeroy, D-N.D.) (FIFRA) would amend FIFRA to permit North Dakota to register a Canadian pesticide for distribution and use within that state. 146 CONG. REC. H7651 (daily ed. Sept. 14, 2000). The bill was referred to the Committee on Agriculture.
  • H.R. 5195 (Ehlers, R-Mich.) (EPA) would provide for the establishment of a position of Deputy Administrator for Science and Technology of EPA. 146 CONG. REC. H7722 (daily ed. Sept. 18, 2000). The bill was referred to the Committee on Science.
  • H.R. 5199 (Hinchey, D-N.Y.) (land conveyance) would provide for conveyance of a lighthouse to the City of Kingston, New York. 146 CONG. REC. H7722 (daily ed. Sept. 18, 2000). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5206 (Capps, D-Cal.) (MTBE) would provide funding for MTBE contamination. 146 CONG. REC. 7871 (daily ed. Sept. 19, 2000). The bill was referred to the Committee on Commerce.

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IN THE STATES

red bar graphic ALABAMA

Dept. of Envtl. Management

Public Notices–Permit Applications 

Daily Ozone Forecast

Jefferson County Dept. of Health

Daily Air Quality Index

red bar graphic  ALASKA

Dept. of Envtl. Conservation

Cruise Ship Regulation

Proposed Regulations-Pesticides

Proposed Regulations-Air

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red bar graphic ARIZONA

Dept. of Envtl. Quality

Water Quality-CWA 305(b) Report

Water Quality-Proposed Regulations

  • Proposal will implement the Water Quality Assurance Revolving Fund reform legislation of 1997, including revisions to remedy selection provisions. The rules include standards governing the conduct of preliminary investigations, site "scoring" for placement on the Registry, public information requirements, and the conduct of early response actions. Written comments due Oct. 18. See http://www.adeq.state.az.us/lead/oac/stat.html and www.sosaz.com/arr for more information. 

Proposed Regulations-Operator Certification

  • Public hearing scheduled for Sept. 27; written comments due Oct. 4. 

Reopened Proposed Regulations-UST Release Reporting and Corrective Action

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements

red bar graphic ARKANSAS

Dept. of Envtl. Quality

Proposed Regulations-Hazardous Waste

  • Proposed amendments to Regulation No. 23 would amend the definition of "facility" in Section 260.10 to include a facility owner as a responsible party with regard to the requirements of Section 264.101. Comments due Oct. 10; public hearing Sept. 26. See http://www.adeq.state.ar.us/regs/draft23.htm

Proposed Regulations-Solid Waste Management

  • Proposed amendments to Regulation No. 11 concern changes to fees for out-of-state transporters, funding of the illegal dump eradication program, and the auditing of regional solid waste management boards. Comments due Oct. 2; public hearing was Sept. 18. See http://www.adeq.state.ar.us/regs/draft11.htm

Proposed Regulations-Water Quality

  • Proposed amendments to Regulation No. 2 involve a potential change to a standard for sulfates in Holly Creek (Saline County). Comments due Oct. 10; public hearing Sept. 26. See http://www.adem.state.ar.us/regs/draft02.htm

Permit Applications

  • Beazer East, Inc./Koppers Industries, Inc., North Little Rock, five-year review of RCRA post-closure permit. Comments due Sept. 26. See http://www.adeq.state.ar.us

red bar graphic CALIFORNIA

Air Resources Board

Alternative Control Plan Regulation

  • Potential changes to the Alternative Control Plan (ACP) regulation, which provides alternative approaches to compliance with VOC standards for consumer products and aerosol coating products, will be the subject of an Oct. 17 public workshop. See http://www.arb.ca.gov/consprod/regact/acp2000/acpwrksp.htm

Zero-Emission Vehicles (ZEVs)

Agenda for Sept. 28-29 Board Meeting

Diesel Risk Reduction Plan and Permitting Guidance-Stationary Diesel Engines

Proposed Regulations-Conflict of Interest Code

  • 45-day Notice of Public Hearing to Consider the Adoption of Amendments to Regulations Regarding the Conflict of Interest Code of the Air Resources Board. This document and the associated "formal" regulatory materials can be accessed at http://www.arb.ca.gov/regact/conflict/conflict.htm

Proposed Regulations-Air Toxics Hot Spots Fees

Proposed Regulations-VOC Emissions from Antiperspirants/Deodorants

Final "Smog Check" Report

Carpool Lane Use-Qualifying Vehicles

Conditional Rice Straw Burning Permit

Dept. of Toxic Substances Control

Proposed Regulations-Administrative Penalty Assessment

  • Proposed Article 3, Chapter 22, Div. 4.5 of Title 22, CCR, would make specific the statutory requirement in Health and Safety Code Section 25187(a)(4) by assessing administrative penalties based on criteria such as the nature and gravity of the violation, the violator's history and ability to pay the penalty, and the deterrent effect of the penalty on both the violator and the regulated community as a whole. Public workshops were Sept. 14 and 15. See http://www.dtsc.ca.gov/pdf2html.html and http://www.dtsc.ca.gov/whats_new.html

Draft Permits

  • For hazardous waste permit to DeMenno/Kerdoon, Compton. Comments due Nov. 7.
  • For hazardous waste storage and treatment (by incineration, open burning and/or open detonation) at the U.S. Army Sierra Depot. Public hearings were Sept. 12 and 13. Comments due Oct. 11. See http://www.dtsc.ca.gov/ (click on "What's New"). 

Integrated Waste Management Board

Emergency Regulations-Disposal of Nonhazardous Waste at Hazardous Waste Landfills

Water Resources Control Board

Water Rights Allocation Hearing

South Coast Air Quality Management District

Final Regulations-Diesel Fuel

  • A new low-sulfur diesel fuel regulation (Rule 431.2) was deferred by the Governing Board on Sept. 15 following opposition from the California Air Resources Board (ARB) and regulated entities. See http://www.aqmd.gov/news1/Governing_Board/Bs9_15_00.htm. The Board agreed to the establishment of a statewide standard by the ARB.

Final Regulations-Food Manufacturing/Processing

  • Rule, which pertains to VOC emissions from solvents used in food processing and in manufacturing equipment, were approved on Sept. 15. See http://www.aqmd.gov

Final Regulations-BACT/RECLAIM

  • Amendments, approved at a Sept. 15 public hearing, will separate BACT for RECLAIM and non-RECLAIM sources into LAER for federal major sources, and BACT for minor sources pursuant to state law. Previously, LAER was required for emission increases from all sources. See http://www.aqmd.gov/hb/000072a.html

Final Regulations-Adhesives

Final Regulations-Fuel Sulfur Content

  • Approved amendments will establish an immediate sulfur content for ultra low sulfur diesel fuel and, after Jan. 1, 2004, will prohibit the purchase, sale, or burning of diesel fuel that exceeds the sulfur standard. See http://www.aqmd.gov/hb/00072a.html

Final Regulations-Boilers, Steam Generators, and Process Heaters

Proposed Regulations-Heavy-Duty Fleet Vehicles

Proposed Regulations-Petroleum Solvent Dry Cleaners

Proposed Regulations-Composting Operations

Office of Environmental Health Hazard Assessment

Proposed Prop. 65 Listings

  • Comments on the proposed listing of AZT, anthraquinone, and fumonisin B1 were due Sept. 15. OEHHA recently listed o-phenylphenol. See http://www.oehha.ca.gov

red bar graphic COLORADO

Air Quality Control Commission

Proposed Regulations

  • Proposed revisions to Regulation No. 3, Part A, regarding regulation of open burning on federal lands. Public hearing Nov. 17; petition for party status must be filed by Sept. 27. See http://www.cdphe.state.co.us/op/SB-145_8-00.html
  • Proposed revisions to Regulation No. 11, regarding motor vehicle emissions, to modify the time period allowed for making valid readings of vehicle emissions through the use of remote sensing equipment. Public hearing Nov. 16; petition for party status must be filed by Sept. 27. See http://www.cdpdhe.state.co.us/op/Reg11_8-00.html
  • Proposed revisions to Regulation No. 5, Part B, regarding emissions trading and banking, to provide verification of emission reduction credits, establish a baseline year, condition the regulation upon annual appropriations, and incorporate pollution prevention criteria. Public hearing Nov. 16; petition for party status must be filed by Sept. 27. See http://www.cdphe.state.co.us/op/Reg5_8-00.html

Water Quality Control Commission

Proposed Regulations

red bar graphic  CONNECTICUT

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

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red bar graphic DELAWARE

Dept. of Nat. Resources and Envtl. Control

Penalty Assessment

  • Penalty of $25,000 (plus investigational costs) assessed against Laidlaw Corp. for air permit violations.

Regulatory Update

red bar graphic FLORIDA

Dept. of Envtl. Protection

SOP Proposed Revision

Drinking Water Operator Certification

Proposed Regulations-NPDES Program; Stormwater

  • Proposed regulations would allow completion of NPDES delegation by incorporating standards governing stormwater and federal facilities. The proposed rule includes fees for implementing the NPDES stormwater program. 

Reuse Reports

red bar graphic GEORGIA

Dept. of Natural Resources

Proposed Regulations-Water Quality

  • Proposed revisions to Swine Feeding Operation Permit requirements will be considered at the Sept. 27 meeting of the Board of Natural Resources.

Proposed Regulations-Hazardous Waste

  • Proposed revisions will incorporate changes in U.S. EPA regulations. Public hearing was held Aug. 25. Will be taken up at Oct. 25 meeting of Board of Natural Resources. See http://www.ganet.org/dnr/environ

Air Permit Applications

NPDES Permit Applications

red bar graphic IDAHO

Dept. of Envtl. Quality

Odor Complaints-Draft Guidelines

Outstanding Resource Waters-Petitions

Risk Based Corrective Action

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red bar graphic ILLINOIS

Pollution Control Board

Inquiry Hearings-Peak Load Electric Generating Facilities

Envtl. Protection Agency

Draft TMDLs

Permit Applications

Strategic Planning Process

Clean Lakes Program Grants Available

  • Approximately $750,000 available for distribution. Amy Walkenbach at IEPA is the contact ((217)782-3362). 

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red bar graphic INDIANA

Dept. of Envtl. Management

Final Regulations-Solid Waste

  • Adds 329 IAC 4.1 to incorporate by reference the most recent version of the federal regulations at 40 CFR 761, revised as of  July 1, 1999, for management of wastes containing polychlorinated biphenyls (PCBs) or terphenyls. Adds location restrictions, public notice and public participation requirements, and notice of activity requirements for incinerators and high efficiency boilers, chemical waste landfills, and alternative disposal facilities. Adds requirements for mobile facilities that dispose of PCBs. Adds requirements for waste streams containing or contaminated with PCBs that may be disposed of in a municipal solid waste landfill or a nonmunicipal solid waste landfill. Repeals 329 IAC 4.

Proposed Regulations-Air

  • Amends 326 IAC 21-1-1 concerning the acid deposition control.
  • Draft rule language for a new rule concerning national emissions standards for hazardous air pollutants for shipbuilding and ship repair operations. 
  • Draft rule language for new rules concerning the incorporation of NESHAP for off-site waste and recovery operations, pulp and paper production (noncombustion), phosphoric acid manufacturing and phosphate fertilizers production, generic MACT, pesticide active ingredient, mineral wool production, and wool fiberglass manufacturing.
  • Draft rule language to incorporate by reference 40 CFR 63, Subpart HH, which applies to oil and natural gas production facilities, Subpart HHH, which applies to natural gas transmission and storage facilities, and Subpart VVV, which applies to POTWs.

Proposed Regulations-Waste

  • Oct. 17 public hearing regarding proposed amendments to 329 IAC 3.1, 329 IAC 12, and 329 IAC 13 regarding rules for secondary containment for used oil containers and underground tanks. The proposal also amends 329 IAC 3.1 to require two paper copies and an electronic copy of groundwater laboratory analytical data and field parameters and revises 329 IAC 127-7-6 to allow flexibility in the timing of training courses for solid waste facility operators. See http://www.state.in.us/legislative/register/August-1-2000.html
  • Amendments to rules at 329 IAC 7 concerning the Indiana Scoring Model and the assessment of hazardous substance response sites. This rule will reconsider the maximum score to allow sites to be deleted from the Commissioner's Bulletin. This rule will also consider appropriate criteria for the deletion of sites from the Commissioner's Bulletin as an alternative to using the maximum score for deleting a site. 
  • IDEM has developed draft rule language for amendments to rules concerning the hazardous waste management permit program and related hazardous waste management and has scheduled a public hearing/meeting before the solid waste management board for consideration of preliminary adoption of these rules. The amendments adopted by these rules are amendments to the federal hazardous waste regulations that are incorporated by reference in the Indiana hazardous waste management rules at 329 IAC 3.1.
  • Amendments concerning substantive changes to the rules for municipal solid waste landfills at 329 IAC 10. This rulemaking will provide clarification and consistency to these rules. The rulemaking also may add, modify, or delete requirements.
  • These notices, except as specifically noted, may be viewed at http://www.state.in.us/legislative/register/September-1-2000.html

red bar graphic KENTUCKY

Dept. for Envtl. Protection, Division of Water

Proposed Regulations-Air Quality

Public Hearing Notices

Permit Applications

Draft Groundwater Protection Plan

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red bar graphic LOUISIANA

Dept. of Envtl. Quality

Permit Applications

Proposed Regulations-Hazardous Waste

Proposed Regulations-Water Quality

Proposed Regulations-Solid Waste

  • Proposed amendments would simplify standards for waste tire generators, transporters, and recyclers, and implement a statutory fee for off-road tires and tires weighing more than 100 pounds. Public hearing Sept. 25; written comments due Oct. 2. See http://www.deq.state.la.us/planning/regs.index.htm

Proposed Regulations-General 

Proposed Regulations-Air Quality

red bar graphic MAINE

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

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red bar graphic MARYLAND

Dept. of the Environment

Proposed Regulations-Soil Erosion/Sediment Control

Public Meetings/Hearings

Water Quality Standard-Triennial Review

MTBE Task Force

red bar graphic MASSACHUSETTS

Dept. of Envtl. Protection

Enforcement Actions

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red bar graphic  MICHIGAN

Dept. of Envtl. Quality

Management Team Public Meeting

Permit Applications-Air

 Air Quality Division Newsletter

Surface Water Quality Division Bulletin

Surface Water Quality Division-Draft Regulations

red bar graphic MINNESOTA

Pollution Control Agency

Final Regulations

Permit Applications, Other Notices

red bar graphic  MISSOURI

Dept. of Natural Resources

Water Pollution Control-Permit Applications

red bar graphic NEW HAMPSHIRE

Proposed Regulations-Groundwater

red bar graphic NEW JERSEY

Dept. of Envtl. Protection

Draft Watershed Management Rules

Current DEP Bulletin (Permit Applications; Proposed Regulations)

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red bar graphic NEW YORK

Dept. of Envtl. Conservation

Comparative Risk Project

Environmental Notice Bulletin (Permit Applications)

Permit Applications

Office of the Attorney General

  • Report, "The Secret Ingredients in Pesticides: Reducing the Risk," issued Aug. 23. The report calls on the U.S. EPA to strengthen its pesticide labeling requirements. See http://www.oag.state.ny.us

red bar graphic  NORTH CAROLINA

Dept. of Envt. and Natural Resources

Final Regulations

  • The Environmental Management Commission (EMC) adopted regulations that address the permitting of new waste water systems. 

Division of Air Quality-Proposed Regulations

Chip Mill Study

  • The report "Economic and Ecologic Impacts Associated with Wood Chip Production in North Carolina," drafted by consultants at North Carolina State University and Duke University, is available at http://taxodium.env.duke.edu/scsf

Smithfield Foods, Inc. Agreement-Hog Lagoons

  • Details of the agreement reached through the Office of Attorney General, which DENR hopes will facilitate the phasing-out of open-air hog lagoons and sprayfields, is available at http://www.jus.state.nc.us/in/press/072500.htm Smithfield and its subsidiaries, the largest operators of hog producing operations in the state, will pay $15 million to North Carolina State University for the development of new technologies and $50 million toward environmental improvements at operations and compliance monitoring. Violations of the agreement will be enforceable. Separately, DENR announced that it was buying out 14 hog farming operations, using funds from the Clean Water Management Fund. See http://www.enr.state.nc.us/files/hogs/hogplan.htm

Proposed Regulations-Groundwater

  • Proposed amendments to well construction and abandonment requirements will clarify minimum separation distances between single family and non-public water systems and potential sources of groundwater contamination, and strengthen standards governing well casings, grouting, and well development. Written comments are due Oct. 2. See http://www.enr.state.nc.us/newsrels/massen7.htm

Division of Air Quality Penalty Assessments

DENR Enforcement Data

Water Quality-Basinwide Assessment Reports

State Personnel Commission

Final Regulations

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red bar graphic OHIO

Envtl. Protection Agency

Proposed Regulations-Scrap Tires

  • Proposed amendments would allow non-registered transporters to transport tire-derived chips sold for civil engineering projects (such as home and septic system construction). Changes in financial assurance requirements are also proposed. Another change would allow a county health commissioner or OEPA to grant a limited exemption from the requirement to obtain a registration for transporting tires. Comments are due Oct. 27. See http://www.epa.state.oh.us/pic/nr/2000/september/tires.html and http://www.epa.state.oh.us/dsiwm

OPEA Actions, Notices by County

Public Meetings

Pending Air Permits

red bar graphic OKLAHOMA

Dept. of Envtl. Quality

Draft Source Water Assessment and Protection Program Document

red bar graphic OREGON

Dept. of Envtl. Quality

Water Quality Permit Applications

Proposed Regulations

Public Notices-Cleanup Remedies

Dept. of Agriculture

Pesticide Production and Distribution

  • A group of pesticide products (including Aldrin, Chlordane, and Mirex) has, pursuant to an emergency rule, been precluded from use (including quantities in existing stocks). Collection and disposal information will be made available. The rule became effective Aug. 23. See http://www.oda.state.or.us/Information/news/PBT.html

red bar graphic PENNSYLVANIA

Dept. of Envtl. Protection

Proposed Regulations-Host Community Fund Allocation

"Growing Smarter" Initiative-Proposed Procedures

  • Comments are sought through Oct. 2 on procedures DEP will use to implement the "Growing Smarter" initiative. See http://www.dep.state.pa.us (direct link "land use reviews"). 

Livestock and Poultry Operations-Best Management Procedures

  • Public meetings through Oct. 13 on the recently issued manual and other information regarding Senate Resolution 91 of 1997. See http://www.dep.state.pa.us

Proposed Regulations-Safe Drinking Water

  • Proposed amendments to Chapter 109 to add maximum residual disinfectant levels and monitoring requirements for free chloride, combined chlorine, and chlorine dioxide. Maximum contaminant levels and monitoring requirements will be established for five haloacetic acids, chlorite, and bromate. Comments to the Environmental Quality Board are due Oct. 2. See http://www.pabulletin.com/secure/date/vol30/30-36/1503.html
  • Proposed amendments to Chapter 109 to establish new requirements for filtration systems that serve populations of at least 10,000. Comments are due Oct. 2. See http://www.pabulletin.com/secure/data/vol30/30-36/1504.html

Proposed Regulations-Air Quality

Proposed Regulations-Land Recycling Program

Proposed Regulations-Storage Tank Spill Prevention

Final General NPDES Permit-CAFO Operations

Final Regulations-Air

Proposed General NPDES Permit Revision

NPDES Permit Applications

red bar graphic SOUTH CAROLINA

Dept. of Health and Envtl. Control

Permit Application Notices

red bar graphic  TENNESSEE

Dept. of Environment and Conservation

Grant Availability-Recycling Marketing

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red bar graphic  TEXAS

Natural Resource Conservation Commission

Global Warming Measures

  • Directives and measures adopted by the Commission (including a requirement that the Executive Director issue a report by Dec. 1, 2001, compile information on actual greenhouse gas emissions, survey other states, create a registry for greenhouse gas reductions, and estimate the extent to which emissions have been reduced due to existing programs and measures) are available at http://tnrcc.state.tx.us/exec/media/press/08-00global.html

Stormwater Program-Delegation

Proposed Regulations

  • Preproposal draft of revisions to Surface Water Quality Standards available at http://ww.tnrcc.state.tx.us/oprd/index.html
  • Proposed quadrennial review of Chapter 114 (Control of Air Pollution from Motor Vehicles). See http://www.tnrcc.state.tx.us/oprd/whatsnew.html
  • Proposed regulations would create a nitrogen oxide (NOx) trading program in Houston-Galveston nonattainment area, require an average of 90% reduction in NOx emissions from new controls in the nonattainment area, impose new vehicle emissions testing requirements, implement a seasonal ban on early-morning use of heavy-duty construction equipment, require the sale of low-sulfur gasoline throughout Central and Eastern Texas (including the Dallas-Ft. Worth and Beaumont areas, starting in 2002), ban the use of small gasoline-powered lawn care equipment between 6 a.m. and noon in summer months, implement requirements for new commercial and residential air conditioning equipment, require early retirement and replacement of off-highway diesel equipment, require emission reductions at area airports, reduce speed limits to 55 (starting in 2002), encourage voluntary measures such as telecommuting and stoplight synchronization, restrict truck engine idling, and reduce the duration of emission reduction credits from ten to five years. Public hearings were held Sept. 18-25. Written comments due Sept. 25. See http://www.tnrcc.state.tx.us
  • Proposed amendments to Subchapters A, B, and F of the Pollutant Discharge Elimination System (TPDES) stormwater permit standards applicable to Lakes Travis, Austin, Inks, Buchanan, Lyndon B. Johnson, and Marble Falls. The proposed amendments would allow for the discharge of storm water runoff and certain other non-stormwater discharges through the issuance of
    TPDES permits to control these discharges. Comments due Sept. 25. See http://www.tnrcc.state.tx.us/oprd/whatsnew.html

Submitted Report-Air-Protection of Visibility

Permit Hearings

Sunset Advisory Commission

Strategic Plan

Railroad Commission

Final Regulations

Public Utility Commission

Final Regulations

  • Final rules implement Senate Bill 7 (1999), regarding electric utility deregulation, by allowing utilities to recover some of the expense of reducing emission levels at generating plants. The statute allows the stranded costs of significant pollution reduction efforts to be calculated and assessed to ratepayers (for costs incurred between Jan. 1999 and April 2003), and the PUC will examine utility emission plans. The statute requires NOx emission reductions of at least 50% from 1997 levels, and at least a 25% reduction in SO2 emissions by May 2003. Beginning 2004, utilities must prove that their actual costs were reasonable before they can be recovered from ratepayers as stranded costs. See http://www.puc.state.tx.us/nrelease/2000/082400.cfm

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red bar graphic  UTAH

Dept. of Envtl. Quality

Permit Applications

red bar graphic VERMONT

Dept. of Envtl. Conservation

Permit Applications

red bar graphic VIRGINIA

Dept. of Envtl. Quality

Landfill Closure Proposal

  • Comments accepted through Oct. 13 on reports that propose that certain landfills be closed by 2005, other identified facilities by 2010, and five more by 2020, on the basis of risk of exposure to contaminants. The DEQ has also compiled new data regarding the receipt of out-of-state generated municipal solid waste in 1999. For details, see http://www.deq.state.va.us/news/releases/964019031.html

Proposed Regulations-Solid Waste Management

  • Proposed amendments are again available for public comment due to the extent of revisions to the first proposal resulting from public comment. The amendments would address the importation of solid waste by barge, a controversial issue that led to legislation struck down earlier this year by a federal district court. The DEQ proposal would limit the height of stacked containers on barges and increase fees paid by barge owners or operators. Receiving facilities would also be charged initial permit fees and annual inspection fees. Comments due Oct. 27; public hearings Sept. 28 (Roanoke) and Oct. 5 (Glen Allen). For details, see http://www.deq.state.va.us 

RCRA Program Authorization

Public Meeting Notices

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red bar graphic  WASHINGTON

Dept. of Ecology

Adopted Regulations

Proposed Regulations

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red bar graphic WEST VIRGINIA

Dept. of Envtl. Protection

Public Notice Bulletin (Permit Applications, Proposed Regulations)

red bar graphic WISCONSIN

Dept. of Natural Resources

Public Hearing and Meeting Schedule

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Copyright© 2000, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL
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red bar graphic GENERAL

  • The UNEP launched the World Energy Assessment with a report detailing massive inefficient energy production and use, particularly of fossil fuels, and widely disparate energy consumption levels--8 times higher in the United States than in sub-Saharan Africa. See http://www.undp.org/dpa/index.html

  • United States representatives and U.S. firms, particularly fruit growers/exporters, urged the Codex Alimentarius Commission to establish interim pesticide residue limits, so as to avoid trade conflicts resulting from the presence of U.S. standards and the absence of controls in many other jurisdictions. 

red bar graphic CLIMATE CHANGE

  • The discussions in Lyons, France resulted in no significant breakthroughs, although U.S. representatives seemed reasonably pleased, noting that no delegation walked out. Michael Zammit Cutajar, the Executive Secretary of the United Nations Framework Convention on Climate Change, said that "the urgency of global warming [was] not reflected in the pace of the talks." Other observers said that slow but steady progress was made in areas such as mechanisms for the determination of treaty compliance. Australia, Canada, Japan and Russia objected to one or more aspects of the Kyoto Protocol, and the United States advanced a controversial "carbon sink" proposal.  

  • Researchers in Germany have concluded that marine plankton-specifically, coccolithophorids-produce carbon dioxide and may play a role in how rapidly the oceans warm, reports the BBC. See http://news.bbc.col.uk/hi/english/sci/tech/newsid_934000/934305.stm

  • U.S. Sen. Chuck Hagel (R-Neb.) told a policy conference that the Kyoto Protocol was flawed and would not be ratified by the U.S. Senate in its present form. 

  • A report published in the Canadian Medical Association Journal concludes that global warming has significant direct and indirect effects, with the indirect effects including decreased crop productivity, changing water availability, lower air quality, rising sea levels, and altered distribution of zoonotic disease vectors. See http://www.cma.ca/cmaj/vol-163/issue-6/high-6.htm

  • The West Coast Environmental Law Association, a Canadian interest group, charged that Canada's "carbon sink" proposal could not be reconciled with the Kyoto Protocol. See http://www.wcel.org/wcelpub/2000/13209.html. The Canadian Department of Finance announced that changes in federal income tax standards regarding the taxation of renewable and conservation expenses would help in reducing emissions of greenhouse gases. See http://canada.gc.ca/gazette/part2/pdf/g2-13419.pdf

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red bar graphic EUROPE

  • Fuel blockades protesting high energy costs and taxes moved north and south, to Scandinavia (particularly Norway), Slovenia, and Spain (particularly around Barcelona) after waning in Germany, France and the U.K. 

  • EU transportation ministers, meeting in Luxembourg, failed to reach a common position on standardizing fuel taxes. Finland's minister summed up the meeting: "I didn't have big expectations about this meeting and I feel that I was quite right in my expectations."

  • EU finance ministers have voiced opposition to reduced taxes. 

  • In Germany, despite opposition with the Green Party, the coalition Social Democrat-Green government of Chancellor Gerhard Schroeder will likely propose reduction in the "eco-tax" created in 1999; breaks for low-income taxpayers and commuters are possible, although the government says the tax (which is scheduled to expand to other items and taxpayers in Jan. 2001) will not be eliminated and plays only a minor role in recent higher energy costs. 

  • A new French Environment Code, revealed on Sept. 13, includes all significant laws and regulations in one text. See http://www.environnement.gouv.fr (in French).

  • UNEP teams are going to Albania and Macedonia to examine whether and to what extent environmental damage was caused in those countries by last year's war in Yugoslavia. 

  • The Dutch Pesticide Act was amended to allow the use of 11 so-called "indispensable" crop pesticides for up to six years. Opponents of the legislation vowed to appeal to the European Commission and, if necessary, to the European Court of Justice, claiming a conflict with EC rules. 

  • France ended pumping activity at the site of the submerged oil tanker Erika on Sept. 5. 

  • The European Council of Ministers has received legislation passed by the European Parliament that would clarify and consolidate water resource legislation. 

  • The European Parliament endorsed legislation on motor vehicle recycling (Directive on End-of-Life Vehicles). The requirements will be phased in through 2007.  

  • A panel of the European Union concluded that no scientific ground exists for Italy's ban on seven genetically modified products. Italy's initial response was that it would continue with the ban. 

  • An EU-U.S. Consultative Forum will attempt to address differences in approaches to the regulation and tolerance of genetically modified organisms in food. The Forum will attempt to find common ground so as to avoid trade disputes on the issue. 

  • The European Parliament on Sept. 21 adopted revisions to EU standards governing the transportation of dangerous goods (amending Directive 94/55/EC, Approximation of the Laws of the Member States With Regard to the Transport of Dangerous Goods by Road). 

red bar graphic CANADA

  • Canada will appeal a World Trade Organization (WTO) ruling upholding a French ban on the importation of "white" (chrysotile) asbestos, of which Canada is the world's third largest producer. The ruling cited Article XX(b) of GATT. Some environmental groups were actually displeased, arguing that the WTO reached the right result for the wrong reasons. They claim that the WTO's standard for determining whether a trade restriction is necessary to protect public health is flawed.

red bar graphic LATIN AMERICA

  • Representatives of the U.S. food processing industry said at a meeting of the North American Free Trade Agreement's (NAFTA's) Committee on Sanitary and Phytosanitary Measures that an upcoming Sept. 19-20 meeting should consider the issue of genetically modified organism food labeling for products, in light of a recent almost successful legislative effort in Mexico to require labeling of such foods and the potential for conflict with U.S. labeling standards. 

  • The Secretariat of the Commission for Environmental Cooperation (CEC) determined that a submission regarding a shrimp farm in San Blas, Nayarit, Mexico warrants development of a factual record. The submission by an environmental group alleges that the farm has disrupted mangrove and wetlands areas and that the Mexican government has failed to enforce its legislation, specifically the General Law on Ecological Balance and Environmental Protection, the Forestry Act, and the Law of National Waters. See http://www.cec.org

 

red bar graphic ASIA

  • Japan concluded its "research" whaling activity after killing five sperm whales, 43 Bryde whales, and 40 Minke whales. The United States continues to initiate trade sanctions, claiming that prior "research" expeditions result in whale meat in Japanese markets. 

  • Japan's transportation minister announced on Sept. 18 that a carbon tax would be recommended, beginning in fiscal year 2001 (next April), in order to attempt to meet a mandate of a six percent reduction in greenhouse gases by 2010.

  • More than 140 companies have entered into voluntary agreements to reduce greenhouse gas emissions, according to the South Korea Ministry of Commerce, Industry, and Energy. In addition, the government will preclude government employees from using their vehicles to commute every tenth day, and will urge private-sector employers to act accordingly. A suggestion was made by the Ministry that mandatory private-sector requirements may be imposed if voluntary programs come up short.