Jump to Content

Weekly Update Volume 30, Issue 29

10/16/2000

LITIGATION
red bar graphic

red bar graphic  CERCLA, CONTRIBUTION, LIABILITY:

The Sixth Circuit reversed a district court decision granting summary judgment in favor of two corporations in a CERCLA action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation and remediation of PCB contamination in the Kalamazoo River. The district court erroneously required the association to show causation in order to establish the corporations' liability. Causation is not an element of liability under CERCLA §107, and because §107 defines the liability standard applicable in actions brought under CERCLA §113, a CERCLA §113 plaintiff need not prove causation in order to establish a defendant's liability. The consideration of causation is proper only in allocating response costs, not in determining liability. Because a material question of fact exists as to the corporations' liability under the proper standard, the district court was reversed and remanded. The district court, however, properly refused to admit a document into evidence under the ancient documents exception to the hearsay rule. Kalamazoo River Study Group v. Menasha Corp., No. 99-1197 (6th Cir. Oct. 5, 2000) (14 pp.).

red bar graphic  CONSTITUTIONAL LAW, QUALIFIED IMMUNITY, FOURTH AMENDMENT:

The Second Circuit held that a state environmental conservation officer who was sued for allegedly violating the Fourth Amendment after he stopped a hunter at a motor vehicle checkpoint during hunting season to make deer tag and weapon safety checks was entitled to qualified immunity. The officer reasonably believed that his act was lawful under preexisting law. The U.S. Supreme Court has never found the brief detention and inquiry incidental to the operation of a motor vehicle checkpoint to be unconstitutional, and there is no case law establishing that what the officer did was unreasonable or unconstitutional. The court, therefore, affirmed the lower court's grant of summary judgment in favor of the officer on the basis of qualified immunity. Given the scant evidentiary record, however, it declined to determine whether the checkpoint was constitutional. Mollica v. Volker, No. 99-9287 (2d Cir. Oct. 6, 2000) (7 pp.).

red bar graphic  CONSTITUTIONAL LAW, DUE PROCESS, LAND USE:

The Tenth Circuit held that a real estate developer, whose proposed subdivision plat for land in Santa Fe, New Mexico, met all enumerated requirements for plat approval, was not entitled to approval of its proposed plat as a matter of federal constitutional law. The case arose after the city council reversed the city planning commission's decision to approve the plat. Although the planning commission approved the proposal, ultimate planning decisions within the city of Santa Fe clearly rest with the city council. Thus, the city council had the discretion to reverse the commission's approval. Moreover, the applicable ordinances fail to place any discernible substantive limitations on the city council's discretion in this matter. The developer, therefore, had no protectible property interest on which to base his due process claims. Hyde Park Co. v. Santa Fe City Council, Nos. 99-2079, -2084 (10th Cir. Sept. 29, 2000) (10 pp.).

back to top

red bar graphic  NATIVE AMERICANS, JURISDICTION, TIMBER HARVESTING:

The Ninth Circuit held that a Native American tribe cannot regulate timber harvesting on fee-patented private property within the tribe's reservation boundary. The case arose after a nonmember sought to harvest a portion of her property that was located within a half mile of sacred tribal land. Nothing in the Hoopa-Yurok Settlement Act of 1988 confers upon the tribe jurisdiction to regulate nonmembers, and the Tribal Constitution is ambiguous as to whether the tribe has jurisdiction over nonmembers' privately owned lands. In addition, U.S. Supreme Court precedent requires express authorization for a tribe to exercise authority over nonmembers. Here, no express congressional authority exists. When compared to cases in which courts found an express delegation of authority for tribes to exercise jurisdiction over nonmembers, the provision relied on by the tribe in the Settlement Act falls short of the required standard. Moreover, the tribe does not have inherent authority to regulate the nonmember's land. While the logging of her land may have some political, economic, or health or welfare implications for the tribe, the logging does not threaten to infringe unduly on tribal self-government. The lower court decision, therefore, was reversed and remanded. Bugenig v. Hoopa Valley Tribe, No. 99-15654 (9th Cir. Oct. 3, 2000) (14 pp.).

red bar graphic  INSURANCE, POLLUTION EXCLUSION, NEGLIGENT MISREPRESENTATION:

The Fourth Circuit upheld a district court decision finding an insurance agent liable to a hazardous waste removal company for the negligent misrepresentation of an insurance contract that was supposed to provide basic pollution coverage to the removal company's subcontractor. The agent gave the removal company a certificate of insurance that stated that the subcontractor had coverage for sudden and accidental pollution losses, but he failed to disclose that the policy contained an exclusion clause that eliminated this coverage. Consequently, after the subcontractor accidentally caused 40 gallons of PCBs to leak from a hazardous waste removal site, the insurance companies declined to cover the cleanup costs. The exclusion clause clearly and unambiguously excludes coverage for the accident at issue. Nevertheless, the agent was liable for negligent misrepresentation for providing the removal company with the misleading certificate of insurances. Further, the removal company was not required to request and review the policy referenced in the certificate of insurance, and it had no reason to request one given the statements contained in the certificate. In addition, the removal company and subcontractor were entitled to full reimbursement of their cleanup costs, but they were not entitled to pre-judgment interest because their claims sounded in tort rather than in contract law. Advanced Environmental Technology Corp. v. Brown, Nos. 99-2228, 00-1047 (4th Cir. Oct. 2, 2000) (7 pp.).

back to top

red bar graphic  INSURANCE LAW, NOTICE, POLLUTION EXCLUSIONS:

An Ohio appellate court affirmed in part and reversed in part a lower court's grant of summary judgment and directed verdicts in favor of numerous insurance carriers from which a tire company sought defense and indemnity coverage for environmental cleanup actions brought against it under CERCLA. The CERCLA actions, which the company settled with EPA and other PRPs, stemmed from environmental contamination caused by the company's and its subsidiaries' waste disposal practices at two disposal sites. Contrary to the tire company's assignments of error, the lower court did not err in granting summary judgment to those insurers whose policies included "sudden and accidental" pollution exclusions, and the company was not prejudiced by the replacement of the trial judge. Moreover, the excess insurance carriers were properly granted directed verdict with respect to both disposal sites because the company failed to establish that the attachment points of the excess policies had been reached. In addition, directed verdict was properly granted to the primary insurers on all claims stemming from one of the sites because the company's notice to its insurers was untimely. With respect to the second site, directed verdict was properly granted to one of the primary insurers because its policies contained "expected or intended" pollution exclusions. There was no valid basis, however, to support a directed verdict on the remaining claims related to the second disposal site. The case, therefore, was remanded with respect to those claims. Aetna Casualty & Surety Co. v. Goodyear Tire & Rubber Co., No. 19121 (Ohio Ct. App. Sept. 20, 2000) (38 pp.).

red bar graphic  MAGNUSON-STEVENS FISHERY AND CONSERVATION ACT (MAGNUSON-STEVENS ACT), HIGHLY MIGRATORY SPECIES:

A district court upheld all but one of the U.S. Department of Commerce regulations implementing the final 1999 highly migratory species fishery management plan. Three of the regulations, which placed limits on the amount of Atlantic bluefin tuna that can be caught and kept per fishing trip, imposed an area ban on fishing during the month of June, and mandated annual quotas for blue sharks and subquotas for porbeagle sharks, are consistent with the various standards set forth in the Magnuson-Stevens Act. The Secretary of Commerce considered arguments and comments opposing the regulations, but he acted within his discretion in promulgating the final rules. Moreover, these three regulations comply with the Regulatory Flexibility Act. Nevertheless, a requirement that all pelagic longline fishers install a vessel monitoring system (VMS) unit on their vessels violated the Magnuson-Stevens Act. The Secretary failed to set forth a rational connection between the factual record and the choice to impose a blanket VMS requirement on all pelagic longline fishers, regardless of whether they are geographically located near a time/area closure where the VMS unit would provide a conservation benefit. Blue Water Fisherman's Ass'n v. Mineta, No. 99-2846 (RWR) (D.D.C. Sept. 25, 2000) (Roberts, J.) (66 pp.) (Defendants' counsel included Mark Arthur Brown of the U.S. Department of Justice in Washington DC).

red bar graphic   WILD AND SCENIC RIVERS ACT (WSRA), CENTRAL IDAHO WILDERNESS ACT (CIWA):

A district court held that the U.S. Forest Service violated the WSRA and CIWA by allowing several permanent hunting and fishing lodges to be built along portions of the Salmon River in Idaho designated as "wild" under the WSRA. The WSRA requires wild river areas to be administered so that they remain "essentially primitive." This term is not ambiguous, and even if it were, the Forest Service's construction of this term as allowing permanent structures to be built in the area is impermissible. Likewise, because the lodges' construction violated the Salmon River wild river plan, which was incorporated into the area's forest plan, the Forest Service violated the National Forest Management Act as well. In addition, although the final EIS for the lodges violated NEPA insofar as the Forest Service proceeded from the assumption that they complied with the WSRA and CIWA, the Forest Service did not violate NEPA in failing to discuss whether the lodges were in compliance with prior Forest Service permits issued at their original locations. Last, rather than ordering the permanent structures to be removed, the court remanded the case so that the Forest Service could develop a remedy mindful of the interests of all parties involved. Wilderness Watch v. United States Forest Service, No. CV 91-103-M-SRT (D. Mont. Sept. 19) (Thomas, J.) (52 pp.) (Plaintiffs' counsel included Jack R. Tuholske of Missoula MT).

back to top

red bar graphic  SOVEREIGN IMMUNITY, WHISTLEBLOWER PROTECTION, INJUNCTIONS:

A district court preliminarily enjoined proceedings before the U.S. Department of Labor in which several state employees sought damages and other relief against Rhode Island for allegedly violating the Solid Waste Disposal Act's whistleblower protection provision. The state will likely succeed on the merits of its claim that the proceedings are barred by the Eleventh Amendment and the doctrine of sovereign immunity. The proceedings were not brought by, or on behalf of, the United States to investigate alleged violations of federal law and to compel compliance. Rather, they were brought by private parties who seek compensatory and injunctive relief. Moreover, the state did not waive its sovereign immunity by applying for and accepting federal funds under the Federal Hazardous Waste Program or by enacting the Rhode Island Tort Claims Act. In addition, the state demonstrated irreparable harm because sovereign immunity and Eleventh Amendment immunity are rights of constitutional dimension, and the violation of a constitutional right is deemed to cause irreparable harm. Moreover, this harm outweighs any hardship that may be imposed as a result of the injunction. The court noted, however, that OSHA is not enjoined from investigating the alleged violations on which the employees' claims were based or from seeking to enforce the state's compliance with federal law. Rhode Island v. United States, No. C.A. 00-44-T (D.R.I. Sept. 29, 2000) (Torres, J.) (11 pp.).

red bar graphic  WETLANDS, CALIFORNIA COASTAL ACT:

A California appellate court reversed a trial court decision ordering the California Coastal Commission to set aside its denial of landowners' request for a coastal development permit to expand horse stables and boarding facilities on their property and to rehear the matter to determine whether the property included protected wetlands. The trial court determined that the permit denial was erroneous because no evidence supported the conclusion that the property at issue involved a wetland. The record, however, contains substantial evidence that protected wetlands exist on the proposed project site. The area in which the landowners intend to fill is covered periodically with shallow water, is replete with hydrophytes, and was identified as wetlands by the local city's consulting biologist. Moreover, the biologist's finding was consistent with the federal government's manual for identifying and delineating jurisdictional wetlands. Whether the property constitutes marginal degraded wetlands is irrelevant because the California Coastal Act does not distinguish between wetlands according to their quality. Kirkorowicz v. California Coastal Commission, No. D034287 (Cal. Ct. App. Aug. 22, 2000) (25 pp.).

red bar graphic  PERSONAL LIABILITY, RESPONSIBLE CORPORATE OFFICER DOCTRINE:

An Indiana appellate court held that the sole officer and shareholder of a company is not personally liable for the company's environmental violations. Case law requires some evidence of knowledge, action, or inaction by a corporate officer before personal liability for public health law violations may be imposed. Here, no such evidence exists. Moreover, given Indiana's long-standing commitment to the integrity of the corporate structure and the total lack of evidence regarding the individual's conduct, the responsible corporate officer doctrine may not be invoked to impose personal liability. Even were the court to infer that, by virtue of his position, the individual was in a position to influence corporate policy, there is no evidence of the required nexus between his position and the violations or his actions or inactions with regard to those violations. Commissioner v. RLG, Inc., No. 27A02-9909-CV-646 (Ind. Ct. App. Sept. 20, 2000) (9 pp.).

back to top

red bar graphic  TAKING, NEW YORK STATE ENDANGERED SPECIES ACT, MODIFICATION OF HABITAT:  

A New York state appellate court held that the modification of a protected species' habitat may constitute a taking under the New York State Endangered Species Act. Property owners discovered a timber rattlesnake den near their property line and informed the state environmental agency that they intended to build a fence in order to keep the snakes off their property. Although the agency informed them that the fence could violate state environmental laws because the timber rattlesnake is a threatened species in New York, the property owners built the fence. A trial court granted the agency's motion for a preliminary injunction and ordered the property owners to remove the fence. Contrary to the property owners' claim, the state environmental agency has the statutory authority to protect the habitats of threatened or endangered species. Additionally, interference with the habitat of a threatened or endangered species may constitute a taking under the New York State Endangered Species Act. Therefore, the trial court properly granted the state environmental agency's motion for a preliminary injunction in ordering the fence to be taken down. Finally, the state agency's actions did not constitute a taking of the property owner's property without just compensation. State v. Sour Mountain Realty, Inc., No. 1999-03232 (N.Y. App. Div. Oct. 2, 2000) (11 pp.).

red bar graphic  RCRA, CORRECTIVE ACTION, PERMIT MODIFICATION:  

The EPA Environmental Appeals Board held that an EPA permit, which requires a company to implement various RCRA corrective actions at its Tennessee facility, need not be revised to require invocation of formal permit modifications before EPA can require the company to investigate newly discovered solid waste management units (SWMUs) and new releases. The imposition of investigatory requirements does not justify or warrant a change in the final permit, thus, it does not require the use of permit modification procedures. The requirement for the company to investigate newly discovered SWMUs and new releases, even if based on new information that became available after the permit was issued, is in accordance with the permit's original terms. Likewise, RCRA §3004(u) does not require EPA to institute permit modification procedures or issue a new permit each time the Agency wishes to impose corrective action, including the investigatory requirements at issue. Because the obligation to conduct corrective action is a continuing one, final permits may be written to address future contingencies under RCRA §3004(u). In addition, if the company wishes to challenge investigatory requirements, the permit's dispute resolution provision is sufficient to protect the company's due process rights. In addition, because EPA agreed to incorporate certain language in the permit to ensure that interim measures are used only in situations of immediate threat to human health or the environment, the company's objections to the interim measures requirement in the final permit was moot. In re Rohm & Haas Co., RCRA Appeal No. 98-2 (EPA EAB Oct. 5, 2000) (23 pp.).

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

THE FEDERAL AGENCIES
red bar graphic

Note: Citations below are to the Federal Register.

red bar graphic  AIR:

  • EPA promulgated regulations to reduce emissions from on-highway heavy-duty engines and vehicles. 65 FR 59895 (10/6/00). 
  • EPA proposed NESHAPs for leather finishing operations. 65 FR 58702 (10/2/00). 
  • EPA proposed to allocate essential-use allowances for stratospheric ozone depleting substances for the 2001 control period. 65 FR 59783 (10/6/00).

back to top

red bar graphic  ENFORCEMENT: 

  • EPA published its draft final policy regarding the use of alternative dispute resolution (ADR). 65 FR 59837 (10/6/00). 

red bar graphic  DRINKING WATER:

  • EPA tentatively approved a revision to Florida's public water system supervision program. 65 FR 59841 (10/6/00).

red bar graphic  ENDANGERED SPECIES:

  • FWS announced the availability of the draft National Invasive Species Management Plan, Meeting the Challenge. 65 FR 58783 (10/2/00).

red bar graphic  HAZARDOUS WASTES AND SOLIDS:

  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Eagle Picher Henryetta Superfund site in Henryetta, Okla. 65 FR 58994 (10/3/00). 
  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Former Three-C Electrical Company, Inc., Superfund site in Ashland, Mass. 65 FR 58995 (10/3/00). 
  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Jasco Chemical Superfund site in Mountain View, Cal. 65 FR 59188 (10/4/00). 
  • EPA entered into a proposed settlement under CERCLA §122(h)(1) in connection with the Rouse Steel Drum Superfund site in Jacksonville, Fla. 65 FR 59416 (10/5/00). 
  • EPA entered into a prospective purchaser agreement in connection with the Crater Resources Superfund site in King of Prussia, Pa.  65 FR 60210 (10/10/00).
  • President Clinton issued Presidential Determination No. 200-30 that exempts the U.S. Air Force's operating location near Groom Lake, Nevada, which is the subject of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D. Nev. CV-S-94-714-PMP), from any federal, state, interstate, or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information concerning that operating location to any unauthorized person. 65 FR 59339 (10/5/00). 
  • EPA approved revisions to South Carolina's hazardous waste program under RCRA. 65 FR 59135 (10/4/00). 

red bar graphic  PESTICIDES:

  • EPA announced the availability of two draft pesticide science policy documents: Drinking Water Screening-Level Assessments and Standard Operating Procedure (SOP) for Incorporating Screening-Level Estimates of Drinking Water Exposures into Aggregate Risk Assessments. 65 FR 60437 (10/11/00).
  • EPA announced the availability of the revised version of the pesticide science policy document entitled The Role of Use-Related Information in Pesticide Risk Assessment and Risk Management. 65 FR 60435 (10/11/00).

red bar graphic  SMCRA PROGRAM APPROVALS: 

back to top

red bar graphic  TOXIC SUBSTANCES:

  • EPA announced the availability of a draft report on dioxins and furans that was published in response to the United State's commitments in The Great Lakes Binational Toxics Strategy for the Virtual Elimination of Persistent Toxic Substances in the Great Lakes, which was signed April 7, 1997. 65 FR 58769 (10/2/00). 
  • EPA announced the availability of persistent toxic substance reports that were published in response to the United State's commitments in The Great Lakes Binational Toxics Strategy for the Virtual Elimination of Persistent Toxic Substances in the Great Lakes, which was signed April 7, 1997. 65 FR 58768 (10/2/00). 
  • EPA announced the availability of Science Advisory Board review drafts of Draft Dioxin Reassessment Documents. 65 FR 59186 (10/4/00).

red bar graphic  WATER QUALITY:

  • EPA proposed a Class II administrative penalty under CWA §309(g) of $60,000 against respondents for violating their NPDES permit and CWA §301(a) at the Buena Ventura Boulevard Extension in Redding, Cal. 65 FR 59417 (10/5/00). 
  • EPA issued a site-specific rule that provides flexibility under the CWA to implement a Community XL project for certain facilities in Steele County, Minn. 65 FR 59738 (10/6/00). 
  • EPA proposed to amend the national pretreatment program regulations to allow POTWs that have completed the Project XL selection process, including final project agreement development, to modify their approved local pretreatment programs. 65 FR 59791 (10/6/00). 
  • EPA announced the availability of its draft Guidelines for Management of Onsite/Decentralized Wastewater Systems and an outline for a guidance manual that will be developed to supplement the guidelines. 65 FR 59840 (10/6/00). 
  • EPA proposed to approve a revision to South Dakota's pollutant discharge elimination system program to include administration and enforcement of the sludge management (biosolids) program. 65 FR 59385 (10/5/00). 
  • EPA approved in part and disapproved in part materials that were submitted by New York in order to comply with the Water Quality Guidance for the Great Lakes System. 65 FR 59732 (10/6/00). 
  • EPA announced the availability of the administrative record file for six TMDLs for waters listed in Louisiana's Mermentau and Vermillion/Teche river basins under CWA §303(d). 65 FR 60189 (10/10/00).

red bar graphic  DOJ NOTICES OF SETTLEMENTS:

  • U.S. v. Northwestern Steel & Wire Co., No. 00 C 3700 (N.D. Ill. Sept. 12, 2000) (a CAA defendant that violated the Illinois SIP and new source performance standards applicable to its electric arc furnaces in Sterling, Ill., must achieve, demonstrate, and maintain compliance with the CAA and its applicable regulations; must install pollution capture and control equipment for one of its electric arc furnaces; must complete emissions testing of a second electric arc furnace and submit the results to EPA; must comply with SIP particulate and opacity requirements for a third electric arc furnace; must pay a $434,460 civil penalty; and must implement three supplemental environmental projects, including a road paving project and the installation of a new baghouse dust transfer system and a new electrolytic macroetching machine), 65 FR 59016 (10/3/00);
  • U.S. v. Woodward Metal Processing Corp., No. 98-2736 (JWB/GDH) (D.N.J. Aug. 4, 2000) (a CERCLA defendant must pay $100,000 in five annual installments of $20,000 each, plus interest, in past U.S. response costs incurred at the Woodward Metal Processing Corporation site in Jersey City, N.J.), 65 FR 59016 (10/3/00);
  • U.S. v. AAI Corp., No. 00-WM-1909 (D. Colo. Sept. 27, 2000) (a group of 316 CERCLA defendants, of which 42 are settling federal defendants, must pay $4,753,149.05 on a volumetric, pro rata basis in past EPA response costs incurred at or from the RAMP Industries site in Denver, Colo.), 65 FR 59872 (10/6/00);
  • U.S. v. Alcoa, Inc., No. 83-CV-1623 (N.D.N.Y. Sept. 6, 2000) (a CERCLA defendant and 21 other PRPs must reimburse the United States for certain past and future response costs incurred at the York Oil Superfund site in Moira, N.Y., and must implement the remedial measures, including any contingent remedies, selected for the site),
    65 FR 59872 (10/6/00);
  • U.S. v. Berkley Products Co., No. 00-CV-4628 (E.D. Pa. Sept. 12, 2000) (a CERCLA defendant must pay $30,000 in past and future EPA response costs incurred and to be incurred at the Berkley Products Superfund site in West Cocalico Township, Pa.), 65 FR 59872 (10/6/00);
  • U.S. v. BF Goodrich Co., No. C2-97-366 (S.D. Ohio Sept. 27, 2000) (six CERCLA defendants must pay $1,975,000 in prejudgment interest and past EPA response costs incurred in connection with the Vandale Junkyard Superfund site in Marietta, Ohio, after December 5, 1999; and must reimburse EPA and the DOJ for costs incurred after December 5, 1999, for overseeing implementation of the remedial design/remedial action and for overseeing and enforcing the proposed consent decree to the extent those costs exceed $190,000), 65 FR 59873 (10/6/00);
  • U.S. v. Philips Petroleum Co., No. 1:97-CV-01440B (D. Utah Sept. 14, 2000) (a CAA defendant that discharged sulfur dioxide into the atmosphere at its Woods Cross, Utah, refinery in excess of the levels permitted by the Utah SIP must pay a $375,000 civil penalty and must operate its sulfur recovery unit within the interim limitations established by the consent decree until the SIP requirements are revised), 65 FR 59873 (10/6/00);
  • U.S. v. City of Batavia, No. 00-CV-0838E(SR) (W.D.N.Y. Sept. 29, 2000) (three settling CERCLA defendants must perform the EPA-selected remedial action at the Batavia Landfill Superfund site in Batavia, N.Y., at an estimated cost of $12.78 million and must reimburse approximately three-fourths of future U.S. response costs to be incurred at the site; settling work defendants must create 6 acres of wetlands and must pay $51,000 in past and future DOI costs; and the United States, on behalf of the Veterans Administration, must pay $565,226 to an escrow account established by the settling work defendants), 65 FR 60210 (10/10/00);
  • U.S. v. Therm-O-Rock West, Inc., No. 00-1849 (D. Ariz. Sept. 28, 2000) (a CAA defendant that violated new source performance standards must pay a $25,000 civil penalty), 65 FR 60211 (10/10/00);
  • U.S. v. TPO Petroleum, Inc., No. 1:00-CV-732 (W.D. Mich. Sept. 28, 2000) (a CERCLA defendant must pay $674,431 in past EPA response costs incurred at the Organic Chemical, Inc., facility in Grandeville, Mich., and must perform the soil component of the site's remediation), 65 FR 60211 (10/10/00);
  • U.S. v. Whiteford Kenworth, Inc., No. 3:99 CV 0055AS (N.D. Ind. Oct. 2, 2000) (settling CERCLA defendants must pay $350,000 in past U.S. response costs incurred at the Whiteford Sales & Service site in South Bend, Ind.), 65 FR 60211 (10/10/00).

back to top

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

THE CONGRESS
red bar graphic

red bar graphic  CHAMBER ACTION

  • S. 134 (Apostle Islands), which would direct the Secretary of the Interior to study whether the Apostle Islands National Lakeshore should be protected as a wilderness area, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 366 (national trails), which would amend the National Trails System Act to designate El Camino Real de Tierra Adentro as a National Historic Trail, was passed by the House, clearing the measure for the President. 146 CONG. REC. H8720 (daily ed. Oct. 3, 2000).
  • S. 1367 (Saint-Gaudens National Historic Site), which would amend the Act which established the Saint-Gaudens Historic Site, in New Hampshire, by modifying the boundary, was passed by the Senate. 146 CONG. REC. S9995 (daily ed. Oct. 5, 2000). 
  • S. 1534 (CZMA), which would reauthorize the CZMA, was passed by the Senate. 146 CONG. REC. S9544 (daily ed. Sept. 28, 2000).
  • S. 1670 (Fort Matanzas National Monument), which would revise the boundary of Fort Matanzas National Monument, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 1925 (Lake Tahoe), which would promote environmental restoration around the Lake Tahoe basin in California and Nevada, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 1950 (Sand Creek Massacre National Historic Site), which would authorize the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site in Colorado, was passed by the Senate. 146 CONG. REC. S9995 (daily ed. Oct. 5, 2000). A companion bill, H.R. 5371, was introduced in the House this period.
  • S. 1972 (land conveyance), which would direct the Secretary of Agriculture to convey to the town of Dolores, Colorado, the current site of the Joe Rowell Park, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000). 
  • S. 2069 (land conveyance), which would permit the conveyance of certain land in Powell, Wyoming, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2111 (land conveyance), which would direct the Secretary of Agriculture to convey for fair market value 1.06 acres of land in the San Bernardino National Forest, California, to KATY 101.3 FM, a California corporation, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2273 (Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area), which would establish the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, was passed by the Senate. 146 CONG. REC. S10004 (daily ed. Oct. 5, 2000).
  • S. 2300 (coal mining), which 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, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2417 (CWA), which would amend the CWA to increase funding for state nonpoint source pollution control programs, was passed by the Senate. 146 CONG. REC. S10156 (daily ed. Oct. 10, 2000). 
  • S. 2439 (Southeastern Alaska Intertie system), which would authorize the appropriation of funds for the construction of the Southeastern Alaska Intertie system, was passed by the Senate. 146 CONG. REC. S9995 (daily ed. Oct. 5, 2000).
  • S. 2485 (Saint Croix Island Heritage Center), which would direct the Secretary of the Interior to provide assistance in planning and constructing a regional heritage center in Calais, Maine, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2487 (Maritime Administration Authorization Act), which would authorize appropriations for Fiscal Year 2001 for certain maritime programs of the DOT, was passed by the Senate. 146 CONG. REC. S9551 (daily ed. Sept. 28, 2000).
  • S. 2499 (hydroelectric power), which would extend the deadline for commencement of construction of a hydroelectric project in Pennsylvania, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2547 (Great Sand Dunes National Park), which would provide for the establishment of the Great Sand Dunes National Park and the Great Sand Dunes National Preserve in the State of Colorado, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2691 (Little Sandy River), which would provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon, was passed by the Senate. 146 CONG. REC. S9995 (daily ed. Oct. 5, 2000).
  • S. 2749 (national trails), which would establish the California Trail Interpretive Center in Elko, Nevada, to facilitate the interpretation of the history of development and use of trails in the setting of the western portion of the United States, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2757 (land transfer), which would provide for the transfer or other disposition of certain lands at Melrose Air Force Range, New Mexico, and Yakima Training Center, Washington, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000). 
  • S. 2865 (wilderness area), which would designate certain land of the National Forest System located in Virginia as wilderness, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2942 (hydroelectric power), which would extend the deadline for commencement of construction of certain hydroelectric projects in West Virginia, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • S. 2977 (Diamond Valley Lake Interpretive Center), which would assist in the establishment of an interpretive center and museum in the vicinity of the Diamond Valley Lake in southern California to ensure the protection and interpretation of the paleontology discoveries made at the lake and to develop a trail system for the lake for use by pedestrians and nonmotorized vehicles, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000). A companion bill, H.R. 4187, was reported in the House this period.
  • S. 3000 (land exchange), which would authorize the exchange of land between the Secretary of the Interior and the Director of the Central Intelligence Agency at the George Washington Memorial Parkway in McLean, Virginia, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 34 (Coastal Barrier Resources System), which would direct the Secretary of the Interior to make technical corrections to a map relating to the Coastal Barrier Resources System, was passed by the Senate. 146 CONG. REC. S10010 (daily ed. Oct. 5, 2000).
  • H.R. 468 (Saint Helena Island), which would establish the Saint Helena Island National Scenic Area, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 1695 (land transfer), which would provide for the conveyance of certain federal public lands in the Ivanpah Valley, Nevada, to Clark County, Nevada, for the development of an airport facility, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 2752 (land conveyance), which would direct the Secretary of the Interior to sell certain public land in Lincoln County through a competitive process, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9773 (daily ed. Oct. 3, 2000).
  • H.R. 2773 (Wekiva Wild and Scenic River), which would amend the Wild and Scenic Rivers Act to designate the Wekiva River and its tributaries of Wakiwa Springs Run, Rock Springs Run, and Black Water Creek in Florida as components of the national wild and scenic rivers system, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9773 (daily ed. Oct. 3, 2000).

back to top

  • H.R. 2778 (rivers), which would designate segments of the Taunton River in Massachusetts for study for potential addition to the National Wild and Scenic Rivers System, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10004 (daily ed. Oct. 5, 2000).
  • H.R. 2820 (water resources), which would provide for the ownership and operation of the irrigation works on the Salt River Pima-Maricopa Native American Community's reservation in Maricopa County, Arizona, by the Salt River Pima-Maricopa Native American Community, was passed by the House. 146 CONG. REC. H8713 (daily ed. Oct. 3, 2000).
  • H.R. 2833 (Yuma Crossing National Heritage Area), which would establish the Yuma Crossing National Heritage Area, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000). 
  • H.R. 2941 (Las Cienegas National Conservation Area), which would establish the Las Cienegas National Conservation Area in Arizona, was passed by the House. 146 CONG. REC. H8850 (daily ed. Oct. 5, 2000).
  • H.R. 3292 (Cat Island National Wildlife Refuge), which would provide for the establishment of the Cat Island National Wildlife Refuge in West Feliciana Parish, Louisiana, was passed by the Senate. 146 CONG. REC. S10009 (daily ed. Oct. 5, 2000).
  • H.R. 3676 (Santa Rosa and Santa Jacinto Mountains National Monument), which would establish the Santa Rosa and San Jacinto Mountains National Monument in California, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10004 (daily ed. Oct. 5, 2000).
  • H.R. 3745 (Effigy Mounds National Monument), which would authorize the addition of certain parcels to the Effigy Mounds National Monument in Iowa, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 4226 (land conveyance), which 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 in South Dakota and to use funds derived from the sale or exchange to acquire replacement sites and to acquire or construct administrative improvements in connection with the Black Hills National Forest, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 4285 (land conveyance), which would authorize the Secretary of Agriculture to convey certain administrative sites for National Forest System lands in Texas, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000). The bill would also convey certain National Forest System land to the New Waverly Gulf Coast Trades Center.
  • H.R. 4286 (Cahaba River National Wildlife Refuge), which would provide for the establishment of the Cahaba River National Wildlife Refuge in Bibb County, Alabama, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10010 (daily ed. Oct. 5, 2000).
  • H.R. 4318 (Red River National Wildlife Refuge), which would establish the Red River National Wildlife Refuge, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9867 (daily ed. Oct. 4, 2000).
  • H.R. 4389 (land conveyance; water resources), which would  direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District, was passed by the House. 146 CONG. REC. H8721 (daily ed. Oct. 3, 2000).
  • H.R. 4435 (Coastal Barrier Resources System), which clarify certain boundaries on the map relating to Unit NC01 of the Coastal Barrier Resources System, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10011 (daily ed. Oct. 5, 2000).
  • H.R. 4579 (land exchange), which would provide for the exchange of certain lands within Utah, was passed by the Senate clearing the measure for the President. 146 CONG. REC. S9773 (daily ed. Oct. 3, 2000).
  • H.R. 4613 (historic preservation), which would amend the National Historic Preservation Act for purposes of establishing a national historic lighthouse preservation program, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 4721 (land acquisition), which would provide for all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States, was passed by the House. 146 CONG. REC. H8710 (daily ed. Oct. 3, 2000).
  • H.R. 4828 (wilderness), which would designate wilderness areas and a cooperative management and protection area in the vicinity of Steens Mountain in Harney County, Oregon, was passed by the House. 146 CONG. REC. H8755 (daily ed. Oct. 4, 2000).
  • H.R. 4275 (Colorado Canyons National Conservation Area and the Black Ridge Canyons Wilderness), which would establish the Colorado Canyons National Conservation Area and the Black Ridge Canyons Wilderness, was passed by the Senate. 146 CONG. REC. S9975 (daily ed. Oct. 5, 2000).
  • H.R. 5331 (Frederick Douglass National Memorial and Gardens), which would authorize the Frederick Douglass Gardens, Inc., to establish a memorial and gardens on DOI lands in the District of Columbia in honor and commemoration of Frederick Douglass, was passed by the House. 146 CONG. REC. H8717 (daily ed. Oct. 3, 2000). A companion bill, S. 3147, was introduced in the Senate this period.

back to top

red bar graphic  COMMITTEE ACTION

  • S. 1109 (wildlife conservation) was reported by the Senate Committee on Environment and Public Works. S. REP. NO. 484, 146 CONG. REC. S9855 (daily ed. Oct. 4, 2000). The bill would aid conservation of global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera and items, products, or substances containing, or labeled or advertised as containing, bear viscera.
  • S. 1288, (forestry) was reported by the House Committee on Resources. H. REP. NO. 947, 146 CONG. REC. H9504 (daily ed. Oct. 6, 2000). The bill would act to provide incentives for collaborative forest restoration projects on National Forest System and other public lands in New Mexico.
  • S. 1653 (fish and wildlife) was reported by the House Committee on Resources. H. REP. NO. 911, 146 CONG. REC. S9604 (daily ed. Oct. 2, 2000). The bill would reauthorize and amend the National Fish and Wildlife Foundation Establishment Act.
  • S. 1840 (Native American lands) was reported by the Senate Committee on Indian Affairs. S. REP. NO. 449, 146 CONG. REC. 449, 146 Cong. Rec. S9603 (daily ed. Oct. 2, 2000). The bill would provide for the transfer of public lands to certain California Native American Tribes.
  • S. 1848 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 437, 146 CONG. REC. S9700 (daily ed. Oct. 3, 2000). The bill would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the Denver Water Reuse project.
  • S. 1936 (land exchange) was reported by the House Committee on Resources. H. REP. NO. 938, 146 CONG. REC. H9010 (daily ed. Oct. 5, 2000). The bill would authorize the Secretary of Agriculture to sell or exchange all or part of certain administrative sites and other National Forest System land in Oregon and use the proceeds derived from the sale or exchange for National Forest System purposes. 
  • S. 1950 (mining) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 490, 146 CONG. REC. S9941 (daily ed. Oct. 5, 2000). The bill would amend the Mineral Leasing Act of 1920 to ensure the orderly development of coal, coalbed methane, natural gas, and oil in the Powder River Basin, Wyoming and Montana.
  • S. 1969 (federal lands) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 491, 146 CONG. REC. S9941 (daily ed. Oct. 5, 2000). The bill would provide for improved management of, and increased accountability for, outfitted activities by which the public gains access to and occupancy and use of federal land.
  • S. 2163 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 488, 146 CONG. REC. S9855 (daily ed. Oct. 4, 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.
  • S. 2195 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 438, 146 CONG. REC. S9700 (daily ed. Oct. 3, 2000). The bill would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the Truckee watershed reclamation project for the reclamation and reuse of water.
  • S. 2301 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 439, 146 CONG. REC. S9700 (daily ed. Oct. 3, 2000). The bill would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the Lakehaven water reclamation project for the reclamation and reuse of water.
  • S. 2350 (water rights) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 478, 146 CONG. REC. S9701 (daily ed. Oct. 3, 2000). The bill would direct the Secretary of the Interior to convey certain water rights to Duchesne City, Utah.
  • S. 2400 (land conveyance; water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 450, 146 CONG. REC. S9603 (daily ed. Oct. 2, 2000). The bill would direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District.
  • S. 2417 (CWA) was reported by the Senate Committee on Environment and Public Works. S. REP. NO. 485, 146 CONG. REC. S9855 (daily ed. Oct. 4, 2000). The bill would amend the CWA to increase funding for state nonpoint source pollution control programs.
  • S. 2594 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 427, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would authorize the Secretary of the Interior to contract with the Mancos Water Conservancy District to use the Mancos Project facilities for impounding, storage, diverting, and carriage of nonproject water for the purpose of irrigation, domestic, municipal, and industrial water use.
  • S. 2691 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 428, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon.
  • S. 2848 (land exchange) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 419, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would provide for a land exchange to benefit the Pecos National Historical Park in New Mexico.
  • S. 2873 (land acquisition) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 453, 146 CONG. REC. S9604 (daily ed. Oct. 2, 2000). The bill would provide for all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States.
  • S. 2877 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 454, 146 CONG. REC. S9604 (daily ed. Oct. 2, 2000). The bill would authorize the Secretary of the Interior to conduct a feasibility study on water optimization in the Burnt River basin, Malheur River basin, Owyhee River basin, and Powder River basin, Oregon.
  • S. 2882 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 489, 146 CONG. REC. S9855 (daily ed. Oct. 4, 2000). The bill would authorize the Bureau of Reclamation to conduct certain feasibility studies to augment water supplies for the Klamath Project, Oregon and California.
  • S. 2951 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 431, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would authorize the Commissioner of Reclamation to conduct a study to investigate opportunities to better manage the water resources in the Salmon Creek watershed of the upper Columbia River.
  • S. 2962 (CAA) was reported by the Senate Committee on Environment and Public Works. S. REP. NO. 426, 146 CONG. REC. S9464 (daily ed. Sept. 26, 2000). The bill would amend the CAA to address problems concerning methyl tertiary butyl ether.
  • S. 3022 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 480, 146 CONG. REC. S9701 (daily ed. Oct. 3, 2000). The bill would direct the Secretary of the Interior to convey certain irrigation facilities to the Nampa and Meridian Irrigation District.
  • H.R. 828  (CWA) was reported by the House Committee on Transportation and Infrastructure. H. REP. NO. 943, 146 CONG. REC. H9503 (daily ed. Oct. 6, 2000). The bill would amend the CWA to require that discharges from combined storm and sanitary sewers conform to the Combined Sewer Overflow Control Policy of EPA.
  • H.R. 1235 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 433, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would authorize the Secretary of the Interior to enter into contracts with the Solano County Water Agency, California, to use Solano Project facilities for impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes.
  • H.R. 1680 (land conveyance) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 444, 146 CONG. REC. S9700 (daily ed. Oct. 3, 2000). The bill would provide for the conveyance of Forest Service property in Kern County, California, in exchange for county lands suitable for inclusion in the Sequoia National Forest.
  • H.R. 2570 (historic preservation) was reported by the House Committee on Resources. H. REP. NO. 912, 146 CONG. REC. H8468 (daily ed. Sept. 28, 2000). The bill would require the Secretary of the Interior to undertake a study regarding methods to commemorate the national significance of the United States roadways that comprise the Lincoln Highway.

back to top

  • H.R. 3023 (land conveyance) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 481, 146 CONG. REC. S9701 (daily ed. Oct. 3, 2000). The bill would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to convey property to the Greater Yuma Port Authority of Yuma County, Arizona, for use as an international port of entry.
  • H.R. 3118 (Migratory Bird Treaty Act) was reported by the House Committee on Resources. H. REP. NO. 916, 146 CONG. REC. H8551 (daily ed. Sept. 29, 2000). The bill would direct the Secretary of the Interior to issue regulations under the Migratory Bird Treaty Act that would authorize states to establish hunting seasons for double-crested cormorants.
  • H.R. 3236 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 434, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would authorize the Secretary of the Interior to enter into contracts with the Weber Basin Water Conservancy District, Utah, to use Weber Basin Project facilities for the impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes.
  • H.R. 3577 (water resources) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 435, 146 CONG. REC. S9464 (daily ed. Sept. 28, 2000). The bill would increase the amount authorized to be appropriated for the north side pumping division of the Minidoka reclamation project, Idaho.
  • H.R. 3671 (fish and wildlife conservation) was reported by the Senate Committee on Environment and Public Works. H. REP. NO. 495, 146 CONG. REC. S10153 (daily ed. Oct. 10, 2000). The bill would amend the Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson Sport Fish Restoration Act to enhance the funds available for grants to states for fish and wildlife conservation projects and increase opportunities for recreational hunting, bow hunting, trapping, archery, and fishing, by eliminating opportunities for waste, fraud, abuse, maladministration, and unauthorized expenditures for administration and execution of those Acts. 
  • H.R. 4187 (Diamond Valley Lake) was reported by the House Committee on Resource. H. REP. NO. 923, 146 CONG. REC. H8616 (daily ed. Oct. 2, 2000). The bill would assist in the establishment of an interpretive center and museum in the vicinity of the Diamond Valley Lake in southern California to ensure the protection and interpretation of the paleontology discoveries made at the lake and to develop a trail system for the lake for use by pedestrians and nonmotorized vehicles. A companion bill, S. 2977, passed the Senate this period.
  • H.R. 4320 (wildlife conservation) was reported by the Senate Committee on Environment and Public Works. H. REP. NO. 472, 146 CONG. REC. S9701 (daily ed. Oct. 3, 2000). The bill would assist in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes and projects of persons with demonstrated expertise in the conservation of great apes.
  • H.R. 4503 (historic preservation) was reported by the House Committee on Resources. H. REP. NO. 915, 146 CONG. REC. H8551 (daily ed. Sept. 229, 2000). The bill would provide for the preservation and restoration of historic buildings at historically women's public colleges or universities.
  • H.R. 4579 (land exchange) was reported by the Senate Committee on Energy and Natural Resources. S. REP. NO. 463, 146 CONG. REC. S9604 (daily ed. Oct. 2, 2000). The bill would provide for the exchange of certain lands within Utah.
  • H.R. 4721 (land conveyance) was reported by the House Committee on Resources. H. REP. NO. 928, 146 CONG. REC. H8735 (daily ed. Oct. 3, 2000). The bill would provide for all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States.

red bar graphic  BILLS INTRODUCED

  • S. 3140 (McConnell, R-Ky.) (land transfer; national forests) would transfer the TVA's administrative jurisdiction over land in the Daniel Boone National Forest to the Secretary of Agriculture and compensate the Authority for the transfer. 146 CONG. REC. S9466 (daily ed. Sept. 28, 2000). The bill was referred to the Committee on Environment and Public Works.
  • S. 3146 (Campbell, R-Colo.) (public lands) would preserve the sovereignty of the United States over public lands and acquired lands owned by the United States. 146 CONG. REC. S9606 (daily ed. Oct. 2, 2000). The bill would also preserve state sovereignty and private property rights in non-federal lands surrounding those public lands and acquired lands.
  • S. 3147 (Robb, D-Va.) (Frederick Douglass memorial) would authorize the establishment, on land of the DOI in the District of Columbia or its environs, of a memorial and gardens in honor and commemoration of Frederick Douglass. 146 CONG. REC. S9606 (daily ed. Oct. 2, 2000). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 5331, passed the House this period.
  • S. 3150 (Murkowski, R-Alaska) (land conveyance) would convey certain real property located in Tongass National Forest in Alaska to private individuals. 146 CONG. REC. S9701 (daily ed. Oct. 3, 2000). The bill was referred to the Committee on Energy and Natural Resources. 
  • S. 3156 (Lautenberg, D-N.J.) (ESA) would amend the ESA to ensure the recovery of the declining biological diversity of the United States, to reaffirm and strengthen the commitment of the United States to protect wildlife, and to provide certainty to local governments, communities, and individuals in their planning and economic development efforts. 146 CONG. REC. S9701 (daily ed. Oct. 3, 2000). The bill was referred to the Committee on Environment and Public Works.
  • S. 3171 (Murkowski, R-Alaska) (fuel production) would amend the Internal Revenue Code of 1986 to extend the section 29 credit for producing fuel from a non-conventional source. 146 CONG. REC. S9945 (daily ed. Oct. 5, 2000). The bill was referred to the Committee on Finance.
  • S. 3173 (Smith, R-N.H.) (Transportation Equity Act) would improve the implementation of the environmental streamlining provisions of the Transportation Equity Act for the 21st Century. 146 CONG. REC. S9945 (daily ed. Oct. 5, 2000).
  • S. 3179 (Lincoln, D-Ark.) (lakes) would promote recreation on federal lakes and would require federal agencies responsible for managing federal lakes to pursue strategies for enhancing recreational experiences of the public. 146 CONG. REC. S10083 (daily ed. Oct. 6, 2000). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3182 (Inhofe, R-Okla.) (Native American lands) would amend laws relating to the lands of the citizens of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and Choctaw Nations, historically referred to as the Five Civilized Tribes. 146 Cong. Rec. S10153 (daily ed. Oct. 10, 2000). The bill was referred to the Committee on Indian Affairs.
  • H.R. 5336 (Forbes, R-N.Y.) (open space conservation) would amend the Internal Revenue Code of 1986 to exclude from gross income gain on the sale of a governmental unit of land or an easement therein for open space conservation purposes. 146 CONG. REC. H8468 (daily ed. Sept. 28, 2000). The bill was referred to the Committee on Ways and Means.

back to top

  • H.R. 5339 (Johnson, R-Conn.) (energy conservation) would amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property. 146 CONG. REC. H8468 (daily ed. Sept. 28, 2000). The bill was referred to the Committee on Ways and Means. 
  • H.R. 5345 (Cunningham, R-Cal.) (energy conservation) would amend the Internal Revenue Code of 1986 to provide incentives to introduce new technologies to reduce energy consumption in buildings. 146 CONG. REC. H8511 (daily ed. Sept. 29, 2000). The bill was referred to the Committee on Ways and Means.
  • H.R. 5346 (Dingell, D-Mich.) (environmental cleanup) would provide for demolition, environmental cleanup, and reversion of the Department of Veterans Affairs medical center in Allen Park, Michigan. 146 CONG. REC. H8551 (daily ed. Sept. 29, 2000). The bill was referred to the Committees on Veterans' Affairs, and Government Reform.
  • H.R. 5352 (Filner, D-Cal.) (wind energy) would amend the Internal Revenue Code of 1986 to promote the development of domestic wind energy resources. 146 CONG. REC. H8617 (daily ed. Oct. 2, 2000). The bill was referred to the Committees on Commerce, and Ways and Means.
  • H.R. 5359 (Skeen, R-N.M.) (land conveyance) would direct the Secretary of the Interior to convey certain properties in the vicinity of the Elephant Butte Reservoir and the Caballo Reservoir, New Mexico. 146 CONG. REC. H8617 (daily ed. Oct. 2, 2000). The bill was referred to the Committee on Resources. 
  • H.R. 5360 (Pombo. R-Cal.) (wild animals) would direct the Secretary of Agriculture to conduct a comprehensive evaluation of, and make necessary recommendations to Congress regarding, federal and state laws that regulate private ownership of exotic wild animals. 146 CONG. REC. H8735 (daily ed. Oct. 3, 2000). The bill was referred to the Committees on Agriculture, and Resources.
  • H.R. 5361 (Oberstar, D-Minn.) (pipeline safety) would amend title 49, United States Code, to require periodic inspections of pipelines and improve the safety of the nation's pipeline system. 146 CONG. REC. H8735 (daily ed. Oct. 3, 2000). The bill was referred to the Committees on Transportation and Infrastructure, and Commerce.
  • H.R. 5366 (Dingell, D-Mich.) (Council on Environmental Quality) would abolish the Council on Environmental Quality. 146 CONG. REC. H8735 (daily ed. Oct. 3, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5368 (Ney, R-Ohio) (hydroelectric power) would extend the deadline for commencement of construction of a hydroelectric project in Ohio. 146 CONG. REC. H8735 (daily ed. Oct. 3, 2000). The bill was referred to the Committee on Commerce. 
  • H.R. 5371 (Schaffer, R-Colo.) (Sand Creek Massacre Historic Site) would authorize the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site in Colorado. 146 CONG. REC. H9735 (daily ed. Oct. 3, 2000). The bill was referred to the Committee on Resources. A companion bill, S. 1950, passed the Senate this period. 
  • H.R. 5374 (Udall, D-N.M.) (Native American lands) would settle the land claims of the Pueblo of Santo Domingo. 146 CONG. REC. H8735 (daily ed. Oct. 3, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5384 (Boehlert, R-N.Y.) (alternative fuels) would establish a pilot program to encourage the use of alternative fuel vehicles in public transportation. 146 CONG. REC. H8799 (daily ed. Oct. 4, 2000). The bill was referred to the Committee on Transportation and Infrastructure. 
  • H.R. 5389 (Weller, R-Ill.) (land conveyance) would authorize the Secretary of the Army to convey certain real property in the city of Joliet, Illinois, to the Joliet Park District for use as the park district's headquarters. 146 CONG. REC. H9010 (daily ed. Oct. 5, 2000). The bill was referred to the Committee on Transportation and Infrastructure. 
  • H.R. 5394 (Wolf, R-Va.) (appropriations; DOT) would make appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2001. 146 CONG. REC. H9010 (daily ed. Oct. 5, 2000). The bill was referred to the Committee on Appropriations. 
  • H.R. 5398 (John, D-La.) (Native American lands) would provide that land that is owned by the Coushatta Tribe of Louisiana but that is not held in trust by the United States for the tribe may be leased or transferred by the tribe without further approval by the United States. 146 CONG. REC. H9011 (daily ed. Oct. 5, 2000). The bill was referred to the Committee on Resources. 
  • H.R. 5414 (Filner, D-Cal.) (biodiversity; Tongass Rain Forest) would promote global efforts to protect biological diversity by protecting the Tongass Rain Forest. 146 CONG. REC. H9504 (daily ed. Oct. 6, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5420 (Royce, R-Cal.) (regulatory reform) would establish a National Commission to Eliminate Waste in Government. 146 CONG. REC. H9504 (daily ed. Oct. 6, 2000). The bill was referred to the Committee on Government Reform. 
  • H.R. 5422 (Shaw, R-Fla.) (environmental reporting) would require the Administrator of EPA to establish an integrated environmental reporting program. 146 CONG. REC. H9504 (daily ed. Oct. 6, 2000). The bill was referred to the Committees on Commerce, and Transportation and Infrastructure.
  • H.R. 5428 (Gibbons, R-Nev.) (land exchange) would direct the Secretary of the Interior to exercise authority under the Southern Nevada Public Land Management Act of 1998 to acquire by exchange certain environmentally sensitive lands for inclusion in the Red Rock Canyon National Conservation Area. 146 CONG. REC. H9634 (daily ed. Oct. 10, 2000). The bill was referred to the Committee on Resources.

back to top

IN THE STATES
red bar graphic

red bar graphic ALABAMA

Dept. of Envtl. Management

Proposed Regulations-Water Quality

Approved UST Fund Contractors

Proposed TMDLs

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

Proposed Regulations-Water Quality

back to top

red bar graphic ARIZONA

Dept. of Envtl. Quality

Draft TMDLs

Water Quality-Grant Applications

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. 

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements

Arizona Emissions Bank

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 were due Oct. 10; public hearing was 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 were 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 were due Oct. 10; public hearing was Sept. 26. See http://www.adem.state.ar.us/regs/draft02.htm

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

Proposed Regulations-Vapor Recovery Test Procedures

Zero-Emission Vehicles (ZEVs)

Proposed Regulations-Air Toxics Hot Spots Fees

Proposed Regulations-VOC Emissions from Antiperspirants/Deodorants

Final "Smog Check" Report

Dept. of Toxic Substances Control

Management Memo Review

  • Public comment available regarding 54 "Management Memos" issued by DTSC that pertain to the Hazardous Waste Management Program. See http://www.dtsc.ca.gov

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

  • Remedial action workplan and proposed Negative Declaration, Chase Chemical Site, Pacoima.
  • For hazardous waste permit to DeMenno/Kerdoon, Compton. Comments due Nov. 7. See http://www.dtsc.ca.gov/ (click on "What's New"). 

Integrated Waste Management Board

Scrap Tire Legislation

Final Regulations

Emergency Regulations-Disposal of Nonhazardous Waste at Hazardous Waste Landfills

Water Resources Control Board

October Meeting Agenda

Water Rights Allocation Hearing

South Coast Air Quality Management District

Board Hearing Calendar

Proposed Regulations-Title V

  • Workshop on Nov. 3 will discuss proposed revisions to and new Title V rules, Rules 3008 (Potential to Emit Limitations), 3003 (Applications), and 3005 (Permit Revisions). Among the proposed changes are a revision to the deadline for filing Title V applications for Phase II Title V sources with emissions exceeding the proposed Rule 3008 emissions threshold. See http://www.aqmd.gov/pub_edu/notice_r3008_3003_3005.html

Proposed Procedure-Equivalent Toxic Risk of Vehicle Exhaust Emissions

Final Regulations-Food Manufacturing/Processing

  • Rule, which pertains to VOC emissions from solvents used in food processing and in manufacturing equipment, was 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-Livestock Waste

back to top

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. 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. 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. See http://www.cdphe.state.co.us/op/Reg5_8-00.html
  • Oct. 19 hearing to discuss Denver Regional Council of Government's request for review of the Denver area Regional Transportation Plan and 2001-2006 Transportation Improvement Plan. See http://www.chphe.state.co.us/op/HEARDRCOG.html
  • Proposed redesignation request and maintenance plan for the Aspen PM-10 nonattainment area. Jan. 11, 2001 is the hearing date. See http://www.cdphe.state.co.us/op/aspenpm10hear.html
  • Proposed revisions to Regulation No. 6, Part A to adopt U.S. EPA revisions and updates regarding control of Hazardous Air Pollutants (HAPs). Jan. 11, 2001 is the hearing date. See http://www.cdphe.state.co.us/op/Reg6Ahear.html

Water Quality Control Commission

Proposed Regulations

red bar graphic  CONNECTICUT

Dept. of Envtl. Protection

Proposed Regulations-Air Quality

red bar graphic DELAWARE

Dept. of Nat. Resources and Envtl. Control

Proposed Regulation-FOIA Requests

Notices of Violation

Regulatory Update

red bar graphic DISTRICT OF COLUMBIA

Dept. of Health

Permit Application

back to top

red bar graphic FLORIDA

Dept. of Envtl. Protection

Manatee Summit

Proposed Regulations-Quality Assurance Rule

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-Flint River Drought Protection Act

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 HAWAII

Office of Envtl. Quality Control

Environmental Impact Notices

red bar graphic IDAHO

Dept. of Envtl. Quality

Odor Complaints-Draft Guidelines

Outstanding Resource Waters-Petitions

Risk Based Corrective Action

back to top

red bar graphic ILLINOIS

Envtl. Protection Agency

Chicago Nonattainment State Implementation Plan (SIP)

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). 

red bar graphic INDIANA

Dept. of Envtl. Management

Proposed Regulations-Air Quality

  • Proposed addition to 346 IAC 20-28-1 concerns emission standards for hazardous waste combustors.
  • Proposed addition to 326 IAC 20-27-1 concerns emission standards for portland cement plants.
  • Proposed new 326 IAC 10-.5-1 concerns general definitions for nitrogen oxide (NOx) rules
  • Proposed amendment to 326 IAC 10-1-1 regarding NOx controls in Clark and Floyd counties
  • Amendment to 326 IAC 2-2 would incorporate federal prevention of significant deterioration requirements. 
  • Proposed readoption of portion of Title 326.

Proposed Regulations-Solid Waste

  • Proposed readoption of portion of Title 329.

Proposed Regulations-Water Quality

  • Proposed readoption of portion of Title 327.

These notices, except as specifically noted, may be viewed at http://www.state.in.us/legislative/register/October-1-2000.html

red bar graphic IOWA

Dept. of Natural Resources

Final Regulations-Water Quality

Proposed Regulations-Water Quality

  • Proposed regulations would implement Onsite Wastewater State Revolving Fund, to provide low-interest loans to private individuals needing to update or replace their existing onsite septic systems. Comments due Oct. 24. See http://www.state.ia.us/epd/wtrsuply/septic.htm

red bar graphic KENTUCKY

Dept. for Envtl. Protection, Division of Water

Public Hearing Notices

Permit Applications

back to top

red bar graphic LOUISIANA

Dept. of Envtl. Quality

Proposed General Permit-Groundwater/Stormwater

Permit Applications

Proposed Regulations-Hazardous Waste

Proposed Regulations-Water Quality

Proposed Regulations-Air Quality

red bar graphic MAINE

Dept. of Envtl. Protection

Final Regulations-Oil Terminals/Pipelines

red bar graphic MARYLAND

Dept. of the Environment

Proposed Regulations-Soil Erosion/Sediment Control

Final Regulations-Stormwater Management

Public Meetings/Hearings

Water Quality Standard-Triennial Review

MTBE Task Force

red bar graphic MASSACHUSETTS

Dept. of Envtl. Protection

Enforcement Actions

back to top

red bar graphic  MICHIGAN

Dept. of Envtl. Quality

Permitting Calendar

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

Permit Applications, Other Notices

red bar graphic  MISSOURI

Dept. of Natural Resources

Water Pollution Control-Permit Applications

red bar graphic MONTANA

Dept. of Environmental Quality

Proposed TMDLs

Public Comment Notices

red bar graphic NEBRASKA

Dept. of Environmental Quality

Settlement Agreement

Proposed Regulations

back to top

red bar graphic NEVADA

Division of Environmental Protection

Proposed Regulations

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)

red bar graphic NEW MEXICO

Water Quality Control Commission

Proposed Regulations-Liquid Waste Disposal

Proposed TMDLs

red bar graphic NEW YORK

Dept. of Envtl. Conservation

Environmental Notice Bulletin (Permit Applications)

Permit Applications

red bar graphic  NORTH CAROLINA

Dept. of Envt. and Natural Resources

Division of Air Quality Penalty Assessments

DENR Enforcement Data

Water Quality-Basinwide Assessment Reports

back to top

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

red bar graphic PENNSYLVANIA

Dept. of Envtl. Protection

Final Regulations-Interstate Ozone Transport

Proposed Regulations-Host Community Fund Allocation

Final General NPDES Permit-CAFO Operations

Final Regulations-Air

Proposed General NPDES Permit Revision

NPDES Permit Applications

Water Quality Standard Review

General Permit Extension-Stormwater

red bar graphic SOUTH CAROLINA

Dept. of Health and Envtl. Control

Permit Application Notices

back to top

red bar graphic  TENNESSEE

Dept. of Environment and Conservation

Proposed Regulations-Solid Waste

  • Proposed changes to solid waste management regulations will include fees for land application of nonhazardous wastes. Other changes include financial assurance criteria, composting facility general permits, and groundwater sampling. Comments are due Oct. 20; a public hearing will be held on Oct. 18. See http://www.state.tn.us/environment/new.htm

Permit Applications

Grant Availability-Recycling Marketing

red bar graphic  TEXAS

Natural Resource Conservation Commission

Stormwater Program-Delegation

TNRCC, Airlines Agreement

Proposed Regulations

Permit Hearings

Sunset Advisory Commission

red bar graphic  UTAH

Dept. of Envtl. Quality

Permit Applications

red bar graphic VERMONT

Dept. of Envtl. Conservation

Permit Applications

back to top

red bar graphic VIRGINIA

Dept. of Envtl. Quality

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 hearing Oct. 18. For details, see http://www.deq.state.va.us 
  • Proposed regulations for solid waste management planning. Public hearings scheduled for Nov. 6 (Williamsburg), 12 (Roanoke) and 14 (Woodbridge). See http://www.deq.state.va.us

Proposed Regulations-Voluntary Cleanups

Proposed Regulations-Air Quality

  • Proposed standards for emissions from municipal waste combustors. Public hearing Oct. 17 in Richmond. See http://www.deq.state.va.us (go to "Public Calendar").

Proposed Regulations-Sewage Discharges

  • Nov. 27 (Richmond) and Dec. 7 (Roanoke) public meetings regarding proposed amendments to the general permit for sewage discharges. See http://www.deq.state.va.us

Proposed Regulations-Air Quality

  • Nov. 29 public meeting regarding proposed changes to the Northern Virginia vehicle emission inspection program regulations. See http://www.deq.state.va.us

RCRA Program Authorization

Proposed TMDL

  • For upper South Fork Shenandoah River. Public hearing Oct. 25. 

Public Meeting Notices

red bar graphic  WASHINGTON

Dept. of Ecology

Adopted Regulations

Proposed Regulations

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

back to top

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

INTERNATIONAL
red bar graphic

red bar graphic CLIMATE CHANGE

  • Canadian Natural Resources Minister Ralph Goodale, speaking at a news conference to release "Action Plan 2000 on Climate Change," pledged C$500 (U.S. $335) in additional spending to meet Kyoto Protocol targets. The Action Plan, which contains a number of proposals to enhance fuel efficiency and reduce greenhouse gas emissions from the energy industry, is available at http://www.climatechange.gc.ca/english/html/pdf/GofCdaPlan-eng.pdf

  • A study commissioned and released by the North American Commission for Environmental Cooperation (CEC) has linked dioxin pollution in far northern Canada to specific emission sources in the United States, Canada, and Mexico. See http://www.cec.org/news and http://www.cec.org/programs_projects/pollutants_health/develop_tools/dioxins/

  • The EU Council of Environmental Ministers compromised on the issue of establishing common voluntary national targets for maximum recorded ozone concentration levels; the European Parliament has endorsed tougher mandatory levels. The issue of how to account for transboundary movements affected the Council's decisionmaking. 

  • A phase-out of the sale of HCFCs began in the U.K. on Oct. 1. See http://www.dti.gov.uk/access/ozone.htm

  • A new energy tax (General Tax on Polluting Activities) in France, expected to bring in about U.S. $535 per year for climate change reduction purposes, will go into effect Jan. 1, 2001. The tax, which was the subject of heated internal debates, exempts politically sensitive groups such as farmers and large-scale energy users. See http://www.environnenment.gouv.fr

  • U.S. Undersecretary of State Frank Loy said at a congressional hearing that the Clinton Administration would not seek ratification of the Kyoto Protocol "at the expense or sacrifice of our core principles in these negotiations." Eight environmental groups wrote President Clinton, objecting to the current position and threatening to withdraw support for the Protocol.

  • Several Canadian provinces got poor marks on greenhouse gas controls, in a report issued by the Pembina Institute for Appropriate Development. See http://www.pembina.org/pubs/pdf/ReportCard.pdf

  • Several scientists, reporting in Nature, found that carbon dioxide can be temporarily stored in algae, but that there is little large-scale utility in the practice as a means of addressing climate change.

  • Carbon dioxide emissions from new automobiles sold within the European Union dropped by over 5% from 1995 to 1999, according to a European Commission report.

  • New EU regulation 2037/2000 will involve a phase-out of the sale of HCFCs and methyl bromide. 

red bar graphic EUROPE

  • Environmental groups signaled their support of the U.K. Atomic Energy Authority's planned decomissioning of the controversial nuclear power facility at Dounreary, Scotland, but expressed concern about the management of spent radioactive fuel. The Authority has claimed that "all major radiological hazards" associated with the site, 100 miles north of Inverness, will be resolved within 25 years. 

  • Criminal charges were brought in Greece against a ship owner and others accused of being responsible for the sinking of a Cambodian-flagged vessel off Halkida. Several hundred tons of oil leaked from the vessel. 

  • Representatives of EU nations and other signatories to the Convention on the Transboundary Effects of Industrial Accidents, which entered into force earlier this year, will meet in Brussels next month to begin the process of treaty implementation. See http://www.unece.org/env/teia

  • A German contractor for Aventis Crop Sciences mistakenly produced a genetically altered beet that is resistant to two commonly used herbicides, including "Roundup."

  • EU Environment Commissioner Margot Wallstrom said in a speech that Central and Eastern European countries can accelerate their accession into the EU by more promptly enacting EU-compatible environmental legislation. Only about 30% of EU environmental law has been incorporated to date. 

  • Soldiers from Sweden and Russia were pressed into action to help clean up a spill caused 15 years ago at a then-secret Soviet nuclear base near Ostrov, Russia. The Swedish government is paying for the cleanup. A new nuclear power facility is expected to begin testing late October in the Czech Republic; the Temelin plant is opposed by Austrian Environment Minister Wilhelm Molterer and environmental groups.

  • France currently satisfies EU particulate standards, but likely will not comply with strengthen 2005 and 2010 mandates, according to a report issued by the French Environment Institute. See http://www.ifen.fr

  • Public hearings began in the U.K. regarding the strongly opposed possible inclusion of a genetically modified maize seed on the government's "National Seed List." Meanwhile, comments are due by Nov. 24 on an Agriculture and Environment Biotechnology Commission document listing issues that ought to be taken up by the Commission. See http://www.aebc.gov.uk/aebc/workplan.pdf

  • German Environment Minister Juergen Trittin called a halt to further exploratory development of a controversial nuclear waste storage facility planned for a salt dome in Lower Saxony. 

  • The European Parliament sent to the Council of Ministers an approved measure that will tolerate longer buses, the hope being that that longer buses mean fewer transportation journeys. 

  • A report in Nature says that wheat exposed to radiation from the Chernobyl nuclear power plant shows abnormally high mutation rates, and that similar effects could be happening in exposed individuals.  

  • Germany is tightening landfill disposal standards, with proposed new criteria addressing methane emissions, disposal bans, and waste pre-treatment methods. Guidance was issued to local governments in the U.K. regarding use of the Private Finance Initiative, through which private companies may join with governments in the funding of disposal and recycling projects and in their profits. See http://www.pfi-online.com/cgi/pfistart.cgi

back to top

red bar graphic ASIA

  • An oil tanker spilled almost two million gallons of crude oil into Indonesian waters off the Singapore coast.
  • Toyko began the process of seizing land for the construction of an expansion of a municipal waste disposal facility, over the strenuous objections of local residents.
  • The Philippines House of Representatives and Senate passed legislation restricting the sale, manufacture, and distribution of hard-to-biodegrade surfactants currently used in soaps and detergents.
  • Hundreds died in flooding in West Bengal, India, and in Bangladesh.
  • Commercial vehicles 12 years of age and older will be prohibited from operating in New Delhi effective Jan. 1, 2001.
  • The Japanese dolphin hunting season has begun.
  • Toyota and Honda announced new "hybrid" vehicles, including a Toyota minivan.