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Weekly Update Volume 30, Issue 30

10/30/2000

 

LITIGATION

EXXON VALDEZ, CLASS ACTIONS, SETTLEMENT AGREEMENTS, CEDE-BACK AGREEMENTS:

The Ninth Circuit held that a district court abused its discretion when, during the Exxon Valdez oil spill litigation, it approved a punitive damage allocation that denied enforceability of a settlement agreement between Exxon and seven seafood processors. The settlement agreement included a provision whereby the processors agreed to cede back to Exxon any punitive damages that they might recover in the punitive damage allocation from pending litigation. Subsequently, the district court barred the processors from participating in the allocation of damages because the jury was not told of the cede-back agreement. However, cede-back agreements are used to obtain the functional equivalent of the proportionate share allocation of damages. Both the Ninth Circuit and the U.S. Supreme Court have endorsed the proportionate share approach because of its fairness and its incentives to settle. Therefore, the cede-back agreement in the settlement was not unethical or unenforceable as a matter of public policy. Further, cede-back agreements generally should not be disclosed to juries because such disclosure might distort the jury's deliberation on damages. Moreover, no special circumstances exist in this case that required disclosure of the cede-back agreement to the jury. In re Exxon Valdez, No. 96-36038 (9th Cir. Oct. 12, 2000) (19 pp.). 

red bar graphic  NEPA, CATEGORICAL EXCLUSIONS (CEs), EIS, EA, STANDING, RIPENESS:

The Seventh Circuit affirmed a district court decision that under NEPA, the U.S. Forest Service did not need to prepare an EA or an EIS before adopting the policies and procedural rules that excluded certain types of CEs for timber harvests from NEPA's EIS and EA requirements. The Forest Service action creating the CEs is more like an implementing procedure than a "major federal action" that requires completion of an EA or an EIS. Further, the promulgation of the CE rules does not fall within a NEPA regulation that defines "major federal action" to include changes to agency procedure. The Council on Environmental Quality (CEQ), which implements NEPA, promulgated a rule requiring agencies to establish agency procedures that for CEs, and for implementation of these procedures, the CEQ does not mandate completion of an EA or an EIS. In addition, the environmental groups challenging the CE rules have standing to sue, and their challenge is ripe for review. Heartwood, Inc. v. United States Forest Service, No. 00-1230 (7th Cir. Oct. 18, 2000) (11 pp.).

red bar graphic  NEPA, SUPPLEMENTAL EIS (SEIS), MISSISSIPPI RIVER:

The Fifth Circuit affirmed a district court holding that the U.S. Army Corps of Engineers' SEIS for a flood control project on the Mississippi River satisfied NEPA's requirements for analysis of cumulative impacts, mitigation, and selected alternatives. The Corps' cumulative impacts analysis provided sufficient identification and consideration of the ongoing, proposed, and reasonably foreseeable future projects on the river. Further, although the Corps' assumptions regarding the success of the project's proposed wetlands mitigation are questionable, the Corps fulfilled NEPA's requirements by conducting a serious and thorough evaluation of environmental mitigation options for the project. Moreover, the Corps evaluated wholly reasonable alternatives to the project, and the Corps conducted a rigorous and thorough evaluation of these alternatives. Therefore, given the heightened deference afforded agency action, the Corps' SEIS was not arbitrary and capricious. Mississippi River Basin Alliance v. Westphal, No. 99-31235 (5th Cir. Oct. 23, 2000) (8pp.).

red bar graphic  NEPA, FONSI, DEPARTMENT OF TRANSPORTATION (DOT) ACT, ENVIRONMENTAL CONCERNS:

The Third Circuit denied a property owner's petition to review the FAA and the Federal Highway Administration's (FHwA) selection of and subsequent issuance of a FONSI for a highway accessing a new terminal at Philadelphia International Airport. A portion of the owner's property will be condemned if the proposed highway is constructed. Nevertheless, the FAA and the FHwA adequately complied with NEPA's procedural requirements and did not violate the owner's procedural rights. In accordance with NEPA and its regulations, the FAA and the FHwA involved the owner and the general public in a timely way in the decisionmaking process. Likewise, the FAA and the FHwA were not required to evaluate the owner's proposed highway alternative concurrently with the other alternatives. Concurrent evaluations of alternatives are required when exclusive rights are in contest between competing licensees. NEPA and its regulations do not afford private parties such rights because under NEPA an agency is not required to evaluate every possible alternative. In addition, the FAA and the FHwA did not abuse their discretion by giving environmental concern too much value in their decisionmaking process. DOT Act §4(f) requires that the protection of historic properties, parks, recreation areas, and wildlife refuges be given paramount importance in transportation planning. Therefore, when planning the new roadway, the FAA and the FHwA had to take into account a wildlife refuge adjacent to the airport. K.B. Fund II v. Federal Aviation Administration, No. 99-5685 (3d Cir. Oct. 4, 2000) (12 pp.).

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red bar graphic  TAKINGS, PUBLIC USE, ISSUE PRECLUSION:

The Eighth Circuit affirmed a district court dismissal of a hog farmer's complaint that alleged a taking of property by an Iowa city in violation of the Public Use Clauses of the U.S. and Iowa Constitutions. The farmer intended to use land bordering an airport for a hog manure lagoon. The city opposed the lagoon and received a state court injunction prohibiting construction. The farmer then amended the proposed lagoon, but the city passed a resolution authorizing condemnation of the property in order to prevent an airport safety hazard. After the farmer received a state permit for the lagoon, the city claimed it would condemn the property if the farmer did not accept the city's offer to buy a negative easement on the property. The farmer then claimed violation of the U.S. and Iowa Constitutions. However, the city clearly has the authority to issue the condemnation, and the city's interest in acquiring the property in order to avoid creation of an airport safety hazard is a legitimate public purpose that provides a basis for a condemnation action under both federal and state law. Further, the city's decision to condemn the property to provide for airport safety meets both the federal rational relationship test and the state necessity test for condemnation of private property. In addition, the previous state court injunction does not preclude retrying the factual issue of whether the lagoon poses an airport safety hazard. Although the issue of whether birds would be attracted to the lagoon was raised and resolved in state court and then raised again in the federal district court, the dispositive issues in the two proceedings were not identical because different lagoon configurations were presented in the state and federal court. Moreover, the federal district court was not reviewing the state court decision, but rather the city condemnation proceeding, and issue preclusion does not prevent a legislative body from making a finding contrary to a judicial decision. Milligan v. City of Red Oak, Iowa, No. 99-3778 (8th Cir. Oct. 16, 2000) (10 pp.).

red bar graphic  EPCRA, ATTORNEYS FEES, FEE SHIFTING:

The Seventh Circuit affirmed a district court decision denying a steel company's motion to recover attorneys fees from an environmental group under EPCRA §326. The group notified the company that it had missed several EPCRA reporting deadlines. Before the group could file a citizen suit, the company furnished all the documents. Nonetheless, the group filed suit seeking civil penalties for the company's violations. The U.S. Supreme Court eventually held that even if the group had been injured by the company's failure to disclose, that injury could not be redressed by a citizen suit for civil penalties because the penalties would be paid to the government and not the group. As a result, the group's EPCRA suit was dismissed for lack of jurisdiction, and the company subsequently sought an award of attorneys fees. Only a prevailing party recovers costs, and when a dismissal for want of jurisdiction forecloses a plaintiff's claim, the defendant--in this case, the company--is the prevailing party. However, according to U.S. Supreme Court precedent, when fee-shifting provisions of environmental statutes are at issue, the prevailing plaintiff can only recover fees if the original suit was frivolous, unreasonable, or pursued in bad faith. Although the group's suit was misconceived, it was not frivolous, and, therefore, the company's request for fees was denied. Citizens for a Better Environment v Steel Co., No. 99-2709 (7th Cir. Oct. 17, 2000) (14 pp.).

red bar graphic  ENVIRONMENTAL CRIMES, SENTENCING:

The Eight Circuit reversed the criminal sentence imposed by a district court on a methamphetamine manufacturer. Applying the U.S. Sentencing Guidelines (USSG) §2D1.10(a)(1), the presentence report (PSR) calculated a base offense level of 35 by adding a three-level enhancement for endangering life to the level 32 authorized by the USSG §2D1.1(c)(4) drug quantity table. The PSR then applied the USSG §2D1.1(b)(5) two-level enhancement for environmental harm because the offense involved the discharge of hazardous substances or the unlawful transportation, treatment, storage, or disposal of hazardous waste. The district court then sentenced the manufacturer to 240 months of imprisonment. However, the environmental harm enhancement in USSG §2D1.1(b)(5) should not have been applied because USSG §2D1.10(a)(1) directs that only the drug quantity table be used and does not refer to the rest of USSG §2D1.1. This error affected the manufacturer's substantial rights by resulting in a sentence that exceeded by 30 months the maximum penalty for the manufacturer. In addition, although irrelevant in light of the improper sentencing calculation, the manufacturer erroneously argued that the offense level should be set by the count with the greatest maximum prison term. When counts are grouped, the most serious of the grouped counts sets the offense level for the group, and the most serious count is not the count with the greatest available statutory term of imprisonment, but the count with the highest offense level. United States v. Kroeger, No. 99-3411 (8th Cir. Oct. 13, 2000) (6 pp.).

red bar graphic  STATE TRUST LANDS, UTAH ENABLING ACT, UTAH CONSTITUTION:

The Tenth Circuit affirmed in part and reversed in part a mining union's claim that the state of Utah breached a trust created for the establishment of a hospital for disabled miners by using the trust to construct a rehabilitation center for the general public. The district court held that the Utah Enabling Act and the Utah Constitution did not create a trust for the establishment of a miners' hospital. The district court properly held that the Utah Enabling Act did not create a trust. Under the Utah Enabling Act, the lands granted to the state are to be used for expressed purposes as the legislature may provide. The express discretion given to the state militates against the creation of a trust because it does not sufficiently direct and restrict the manner in which the legislature may dispose of the lands and their proceeds. However, the district court erroneously held that the Utah Constitution did not impose a trust on the land received under the Utah Enabling Act. The Utah Constitution explicitly states that the lands passed to Utah by the Utah Enabling Act are held in trust for the people to be disposed of in the respective purpose for which they were granted. Further, the U.S. Congress' authorization of construction funding for the rehabilitation center did not moot the miners' claim. Although Congress may change trust rights flowing from the Utah Enabling Act, it could not change trust rights flowing from the Utah Constitution. In addition, because unresolved factual and legal issues remain as to whether the miners' claim was barred by the statute of limitations, the case is remanded to the district court. District 22 United Mine Workers of America v. Utah, Nos. 98-4092, -4100 (10th Cir. Oct. 12, 2000) (9 pp.).

red bar graphic  CAA, SIPs, PAPERWORK REDUCTION ACT (PRA), RES JUDICATA, CONTINUOUS EMISSIONS MONITORING (CEM):

A district court denied a Pennsylvania steel plant's motion to dismiss an EPA civil action seeking civil penalties for violation of county air emissions regulations that are federally enforceable as part of the CAA SIP. The EPA action is not precluded by the PRA requirement that the Office of Management and Budget approve and assign control numbers to regulations that collect information. The regulations at issue require compliance with emissions limits and do not contain language that requires collection of information. Despite the plant's argument that the existence of the regulations requires it to collect emissions information to determine compliance, the PRA does not apply because under such rationale the PRA would cover virtually every regulation. Further, res judicata does not bar EPA's action against the plant. Although the plant entered a settlement with the county air agency for violations that occurred during the same period for which EPA seeks penalties, the settlement with the county was not a final judgment on the merits. Moreover, EPA was not in privity with the county because EPA played no part in the settlement and is not otherwise a party to the settlement. Also, although the CAA §113(a)(1) federal enforcement section lacks an explicit provision allowing overfiling, EPA can overfile under the CAA because if it could not, CAA §113(e)(1), which allows courts to consider previous penalties for the same violations, would be rendered meaningless. In addition, because EPA's notice of violation clearly identified the plant in violation, the regulation being violated and the specific emissions sources in violation, EPA met CAA §113's notice requirements for the alleged pre-1996 violations, and, consequently, the court has subject matter jurisdiction over these violations. Last, EPA can seek penalties for violations based on CEM data because CEM is credible and probative. United States v. LTV Steel Co., No. CIV. A. 98-570 (W.D. Pa. Sept. 29, 2000) (Cindrich, J.) (13 pp.).

red bar graphic  PENNSYLVANIA HAZARDOUS SITES CLEAN-UP ACT (HSCA), LIABILITY, "RELEASE," "RESPONSE COSTS":

A district court held that under the HSCA, the owner of property once used for a landfill could not recover the costs of testing the property for hazardous substances from the previous owners of the property. The previous owners are responsible parties within the meaning of the HSCA, but there has not bee a release or threatened release form the property into the environment. The current owner failed to demonstrate that hazardous substances from the property are leaching from the landfill into the groundwater. Further, although testing indicated elevated levels of one hazardous substance in the groundwater below the property, the current owner did not show that that the substance was released from the property. Moreover, the costs incurred by the current owner are not response costs under the HSCA because they were related either to the development of the property or to litigation, not to the response of a perceived release of hazardous substances. In addition, future remedial measures are not necessary at the site. Hill, Inc. v. Whitemarsh Township Authority, No. 96-5648 (E.D. Pa. Oct. 2, 2000) (Bechtle, J.) (37 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 proposed NESHAPs for new and existing sources at rubber tire manufacturing facilities. 65 FR 62413 (10/18/00).
  • EPA announced the availability of information on NOx emissions from portland cement kilns relating to the proposed CAA §110 federal implementation plan rulemaking intended to reduce interstate transport of ozone. 65 FR 64189 (10/26/00). 
  • EPA withdrew a final rule that indefinitely stayed the compliance date for the process contact cooling tower provisions for existing affected sources producing poly(ethylene terephthalate) using the continuous terephthalic acid high viscosity multiple end finisher process. 65 FR 64161 (10/26/00). 

red bar graphic  DRINKING WATER:

  • EPA issued its policy regarding the use of SDWA transfer fund and cross-collateralization provisions in funding Drinking Water State Revolving Fund and the Clean Water State Revolving Fund projects. 65 FR 60940 (10/13/00).
  • EPA announced the availability of a document summarizing new risk information received in connection with its proposed regulations for arsenic in drinking water. 65 FR 63027 (10/20/00).

red bar graphic  ENDANGERED SPECIES:

  • FWS proposed to establish an internal policy to guide personnel of the National Wildlife Refuge System in implementing a National Wildlife Refuge System Improvement Act of 1997 clause that calls for maintaining the "biological integrity, diversity, and environmental health" of the refuge system.  65 FR 61356 (10/17/00).
  • FWS adopted final changes to its regulations describing the process for determining whether the use of a national wildlife refuge is a compatible use. 65 FR 62457 (10/18/00). 
  • FWS issued its final policy describing the process for determining whether the use of a national wildlife refuge is a compatible use.  65 FR 62484 (10/18/00).

red bar graphic  HAZARDOUS WASTES AND SUBSTANCES:

  • EPA proposed to execute an agreement and administrative order by consent under CERCLA §§106(a) and 122(h) in connection with the Ramona Park Battery Casing Area Superfund site in Utica, Mich. 65 FR 61165 (10/16/00).
  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Silvertone Plating Company hazardous waste site in Ypsilanti Township, Mich. 65 FR 63249 (10/23/00). 
  • EPA approved revisions to Tennessee's hazardous waste program under RCRA. 65 FR 64161 (10/26/00).
  • EPA approved revisions to Vermont's hazardous waste program under RCRA. 65 FR 64164 (10/26/00).
  • EPA approved revisions to Utah's hazardous waste program under RCRA. 65 FR 61109 (10/16/00). 
  • EPA withdrew its approval of revisions to Indiana's RCRA hazardous waste program that was published on July 26, 2000. 65 FR 63218 (10/23/00).

red bar graphic  SMCRA PROGRAM APPROVAL:

red bar graphic  WATER QUALITY: 

  • EPA, USDA, the Tennessee Valley Authority, the U.S. Army Corps of Engineers, and the Departments of Commerce, Defense, Energy, and the Interior adopted a unified federal policy on watershed management. 65 FR 62565 (10/18/00). 
  • EPA announced the availability of its draft technical guidance for managing agricultural sources of nonpoint pollution. 65 FR 61325 (10/17/00).
  • EPA proposed a class II administrative penalty under CWA §311(b)(6) of $52,636.00 against AirTouch Communications, Inc., for failing to prepare spill prevention control and countermeasure plans for 10 facilities where they stored diesel oil in above ground tanks. 65 FR 61165 (10/16/00). 
  • EPA proposed a class II administrative penalty under CWA §309(g) of $17,507 and the performance of a supplemental environmental project costing $86,493 against the city of San Buenaventura for applying sewage sludge at greater than agronomic rates. 65 FR 62717 (10/19/00).
  • EPA proposed two class II administrative penalties under CWA §309(g) of $100,000 each against the Hawaiian Electric Company for violating its NPDES permit at its Honolulu and Pearl City generating stations. 65 FR 63249 (10/23/00). 
  • EPA proposed a class II administrative penalty under CWA §311(b)(6) against AT&T Broadband, LLC, for failing to prepare spill prevention control and countermeasure plans for eight facilities where its stored diesel oil in above ground tanks. 65 FR 63582 (10/24/00). 
  • EPA proposed a class II administrative penalty under CWA §311(b)(6) against Qwest Communications International, Inc., for failing to prepare spill prevention control and countermeasure plans for 35 facilities where it stored diesel oil in above ground tanks. 65 FR 63583 (10/24/00). 
  • EPA proposed a class II administrative penalty under CWA §311(b) of $24,078.00 against AT&T Corp. for failing to prepare spill prevention control and countermeasure plans for 24 facilities where they stored diesel oil in above ground tanks. 65 FR 64220 (10/26/00). 
  • EPA made a tentative affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Hudson River, N.Y. 65 FR 63584 (10/24/00). 
  • EPA affirmatively determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the navigable waters of Smith Mountain Lake, Bedford, Franklin, and Pittsylvania Counties, Va. 65 FR 61166 (10/16/00).

red bar graphic DOJ NOTICES OF SETTLEMENTS:

  • U.S. v. Advanced Resin Systems, Inc., No. H-99-4357 (S.D. Tex. Sept. 22, 2000) (23 settling CERCLA defendants must pay a total of $1,070,000 in past U.S. response costs incurred at the Archem site in Houston, Tex.), 65 FR 63097 (10/20/00);
  • U.S. v. American Cyanamid Co., No. 00-Civ.6015 (LMM) (S.D.N.Y. Sept. 28, 2000) (a settling CERCLA defendant must pay $482,000 in past and future U.S. response costs incurred and to be incurred at the Sarney Farm Superfund site), 65 FR 63097 (10/20/00);
  • U.S. v. Baureis Realty Co., No. 95-2732 (D.N.J. Oct. 6, 2000) (in one proposed consent decree, 76 PRPs must pay $2.75 million in past and future EPA response costs incurred and to be incurred at the Caldwell Trucking Superfund site in Fairfield, N.J.; a second proposed consent decree requires 8 PRPs to pay $1.65 million in past and future EPA response costs at the site), 65 FR 63097 (10/20/00);
  • U.S. v. Cabot Corp., No. 00-cv-4265 (SMO) (D.N.J. Aug. 31, 2000) (settling CERCLA defendants must pay $1,700,000 in past EPA response costs incurred at the King of Prussia Superfund site in Winslow Township, N.J.), 65 FR 63098 (10/20/00);
  • U.S. v. Gallatin Steel Co., No. 99-30 (E.D. Ky. Oct. 5, 2000) (a CAA defendant that violated several terms of its permit must pay a $925,000 civil penalty, must install a new dust evacuation system and a new dust suppression system, must supplement its prevention of significant deterioration (PSD) and Title V permit applications to include emissions from the sources that were not included in prior applications, and must not challenge the state's determination that emissions from an onsite slag processing plant owned by an independent company will be treated as emissions from the steel mill for PSD and Title V purposes), 65 FR 63098 (10/20/00);
  • U.S. v. Livingston, No. 97-4770 (WGB) (D.N.J. Oct. 3, 2000) (a CERCLA defendant must reimburse the EPA Hazardous Substance Superfund $313,000 for past and future response costs incurred and to be incurred at the Brook Industrial Park Superfund site in Bound Brook, N.J., and the U.S. Air Force must reimburse the Superfund $1,615,485.83; a third set of CERCLA defendants must perform remedial work at the site with an estimated cost of $1.9 million and must pay specified EPA oversight costs in connection with the remedial work), 65 FR 63099 (10/20/00);
  • U.S. v. Maryland Aviation Administration, No. WMN-00-2992 (D. Md. Oct. 4, 2000) (a CWA defendant that made discharges in excess of permitted effluent limits and failed to meet requirements set forth in its NPDES permit must pay a $50,000 civil penalty, must reduce the amount of deicing fluid discharged, must perform a fish study valued at $90,000, and must pay $50,000 to citizen plaintiffs for their attorneys fees and costs associated with a related civil action), 65 FR 63099 (10/20/00);
  • U.S. v. Mobil Oil Corp., No. 0010454 (C.D. Cal. Sept. 28, 2000) (a settling defendant that violated the CAA, CWA, CERCLA, and EPCRA at its Torrance, California, refinery must undertake extensive injunctive relief, pay a $500,000 civil penalty, and must perform two supplemental environmental projects valued at $1 million), 65 FR 63099 (10/20/00);
  • U.S. v. ASARCO, Inc., No. 4-00-00975-GAF (W.D. Mo. Sept. 26, 2000) (settling CERCLA defendants must pay $1,816,710 in past and future response costs incurred and to be incurred at Operable Unit 4 of the Jasper County Superfund site in Jasper County, Mo.), 65 FR 63262 (10/23/00);
  • U.S. v. Federal Mogul, Inc., No. 00-4977 (E.D. Pa. Oct. 3, 2000) (two settling CERCLA defendants must pay $4.6 million in past EPA response costs incurred at the Hellertown Manufacturing site in Hellertown, Pa.), 65 FR 63262 (10/23/00);
  • U.S. v. Wm. Calomiris Investment Corp, Nos. 00-2391, -2392 (D.D.C. Oct. 4, 2000) (the managing agent for more than 2,000 apartment units in the District of Columbia that violated the Residential Lead-Based Paint Hazard Reduction Act must pay a $5,000 administrative penalty, must perform $10,000 in child health improvement projects, and must perform lead-based paint abatement work; the managing agent of 2,300 apartment units and the owners of two apartment buildings in the District of Columbia must pay a $25,000 administrative penalty and must perform lead-based paint abatement work), 65 FR 63262 (10/23/00);
  • U.S. v. Iron Mountain Mines, Inc., No. CIV S-91-0768 DFL/JFM (E.D. Cal. Oct. 19, 2000) (settling CERCLA defendants must fund future response actions at the Iron Mountain Mine Superfund site in Northern California; the settlement provides $11 million for natural resource damage restoration activities, and it provides, through an insurance vehicle, coverages totaling approximately $337 million for the first 30 years of site activities, together with a balloon payment of approximately $514 million after the thirtieth year, from which the federal or state government may fund future activities), 65 FR 63624 (10/24/00);
  • U.S. v. Keystone Sanitation Co., No. 1:CV-93-1482 (M.D. Pa. Oct. 11, 2000) (settling CERCLA defendants must perform and fully finance the enhanced landfill gas extraction alternate remedy should EPA select it for the Keystone Sanitation Co. Superfund site near Hanover, Pa., must implement the landfill cap or a contingent remedy if the alternative remedy is selected but fails to meet performance standards, and must pay $125,000 toward natural resource damages; a separate settling CERCLA defendant must pay $250,000 as a penalty for failing to comply with a prior unilateral administrative order at the site), 65 FR 64234 (10/26/00);
  • U.S. v. Maryland Aviation Administration, No. WMN-00-2992 (D. Md. Oct. 4, 2000) (a settling CWA defendant that discharged in excess of its permitted effluent limits and failed to meet requirements set forth in its NPDES permit for its facility at the Baltimore Washington International Airport in Glen Burnie, Md., must reduce the amount of deicing fluid it discharges, must pay a $50,000 penalty, must perform a fish study valued at $90,000, and must pay $50,000 to citizen plaintiffs for their attorneys fees and costs associated with a related civil action), 65 FR 64235 (10/26/00);
  • U.S. v. Menard, Inc., No. 00-C-1323 (E.D. Wis. Oct. 5, 2000) (the United States recovered the costs it incurred at the Fadrowski Drum Disposal site in Franklin, Wis., from various settling CERCLA defendants), 65 FR 64235 (10/26/00);
  • U.S. v. Rymes Heating Oils, Inc., No. 00-453-B (D.N.H. Sept. 19, 2000) (settling CAA defendants that violated statutory and regulatory requirements pertaining to the use of reformulated gasoline and low-sulfur motor vehicle diesel fuel must pay a $200,000 civil penalty), 65 FR 64236 (10/26/00).

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

THE CONGRESS
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red bar graphic PUBLIC LAWS

  • 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 signed into law by President Clinton on October 13, 2000. Pub. L. No. 106-307, 114 Stat. 1074.
  • H.R. 2752 (land sale), which would direct the Secretary of the Interior to sell certain public land in Lincoln County, Nevada, through a competitive process, was signed into law by President Clinton on October 13, 2000. Pub. L. No. 106-298, 114 Stat. 1046.
  • H.R. 2773 (rivers), 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 signed into law by President Clinton on October 13, 2000. Pub. L. No. 106-299, 114 Stat. 1050.
  • H.R. 4318 (Red River National Wildlife Refuge), which would establish the Red River National Wildlife Refuge in Texas, was signed into law by President Clinton on October 13, 2000.  Pub. L. No. 106-300, 114 Stat. 1055.
  • H.R. 4579 (land exchange), which would provide for the exchange of certain lands within Utah, was signed into law by President Clinton on October 13, 2000. Pub. L. No. 106-301, 114 Stat. 1059.

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red bar graphic  CHAMBER ACTION

  • S. 439 (Toiyabe National Forest), which would amend the National Forest and Public Lands of Nevada Enhancement Act of 1988 to adjust the boundary of the Toiyabe National Forest, Nevada, was passed by the House. 146 CONG. REC. H10522 (daily ed. Oct. 23, 2000). 
  • S. 501 (Glacier Bay National Park), which would address resource management issues in Glacier Bay National Park, Alaska, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10505 (daily ed. Oct. 23, 2000).
  • S. 503 (Spanish Peaks Wilderness), which would designate certain land in the San Isabel National Forest in Colorado as the Spanish Peaks Wilderness, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10513 (daily ed. Oct. 23, 2000). A related bill, H.R. 898, passed the House this period.
  • S. 610 (land conveyance), which would direct the Secretary of the Interior to convey certain land under the jurisdiction of the BLM in Washakie County and Big Horn County, Wyoming, to the Westside Irrigation District, Wyoming, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10492 (daily ed. Oct. 23, 2000). 
  • S. 623 (water resources), which would increase authorization levels for state and Native American tribal, municipal, rural, and industrial water supplies to meet current and future water quantity and quality needs of the Red River Valley, was passed by the Senate. 146 CONG. REC. S10530 (daily ed. Oct. 13, 2000). The bill would also deauthorize certain project features and irrigation service areas to enhance natural resources and fish and wildlife habitat.
  • S. 698 (Denali National Park), which would review the suitability and feasibility of recovering costs of high altitude rescues at Denali National Park and Preserve in Alaska, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10572 (daily ed. Oct. 24, 2000).
  • S. 700 (national trails), which would amend the National Trails System Act to designate the Ala Kahakai Trail in Hawaii as a National Historic Trail, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10726 (daily ed. Oct. 24, 2000).
  • S. 710 (national trails), which would authorize the feasibility study on the preservation of certain Civil War battlefields along the Vicksburg Campaign Trail, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10490 (daily ed. Oct. 23, 2000).
  • S. 938 (Hawaii Volcanoes National Park), which would eliminate restrictions on the acquisition of certain land contiguous to Hawaii Volcanoes National Park, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10726 (daily ed. Oct. 24, 2000).
  • S. 1030 (land exchange), which would provide that the conveyance by the BLM of the surface estate to certain land in Wyoming in exchange for certain private land will not result in the removal of the land from operation of the mining laws, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10492 (daily ed. Oct. 23, 2000).
  • S. 1088 (land conveyance), which would authorize the Secretary of Agriculture to convey certain administrative sites in national forests in Arizona, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10495 (daily ed. Oct. 23, 2000). The bill would also convey certain land to the city of Sedona, Arizona, for a wastewater treatment facility.
  • S. 1109 (wildlife conservation), which would conserve 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, was passed by the Senate. 146 CONG. REC. S10632 (daily ed. Oct. 17, 2000).
  • S. 1211 (Colorado River), which would authorize additional measures to carry out the control of salinity in the Colorado River upstream of Imperial Dam in a cost-effective manner, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10496 (daily ed. Oct. 23, 2000).
  • S. 1218 (mineral rights), which would direct the Secretary of the Interior to issue to the Landusky School District in Montana, without consideration, a patent for the surface and mineral estates of certain lots, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10491 (daily ed. Oct. 23, 2000).
  • S. 1275 (Hoover Dam), which would authorize the Secretary of the Interior to produce and sell products and to sell publications relating to the Hoover Dam, and to deposit revenues generated from the sales into the Colorado River Dam fund, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10496 (daily ed. Oct. 23, 2000).
  • S. 1296 (Lower Delaware Wild and Scenic River), which would designate portions of the lower Delaware River and associated tributaries as a component of the National Wild and Scenic Rivers System, was passed by the House, clearing the measure for the President. 146 CONG. REC. H9981 (daily ed. Oct. 17, 2000).
  • S. 1474 (water resources), which would provide for the conveyance of the Palmetto Bend project to Texas, was passed by the Senate, 146 CONG. REC. S10538 (daily ed. Oct. 13, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H10570 (daily ed. Oct. 24, 2000).
  • S. 1482 (National Marine Sanctuaries Act), which would amend the National Marine Sanctuaries Act, was passed by the Senate, 146 CONG. REC. S10633 (daily ed. Oct. 17, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H10718 (daily ed. Oct. 24, 2000).
  • S. 1586 (Native American lands), which would reduce the fractionated ownership of Native American lands, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10499 (daily ed. Oct. 23, 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. 1694 (wastewater; Hawaii), which would direct the Secretary of the Interior to conduct a study on the reclamation and reuse of water and wastewater in Hawaii, was passed by the House. 146 CONG. REC. H10722 (daily ed. Oct. 24, 2000). 
  • S. 1705 (land exchange), which would direct the Secretary of the Interior to enter into land exchanges to acquire from the private owner and to convey to Idaho approximately 1,240 acres of land near the City of Rocks National Reserve, Idaho, was passed by the House, clearing the measure for the President. 146 CONG. REC. H9962 (daily ed. Oct. 17, 2000).
  • S. 1752 (Coastal Barrier Resources Act), which would reauthorize and amend the Coastal Barrier Resources Act, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10569 (daily ed. Oct. 24, 2000).
  • S. 1762 (flood prevention), which 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 under the Act or related laws, was passed by the Senate. 146 CONG. REC. S10943 (daily ed. Oct. 24, 2000).

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  • S. 1778 (land exchange), which would provide for equal exchanges of land around the Cascade Reservoir, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10491 (daily ed. Oct. 23, 2000).
  • S. 1894 (land conveyance), which would provide for the conveyance of certain land to Park County, Wyoming, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10493 (daily ed. Oct. 23, 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). A companion bill, H.R. 3388, passed the House this period.
  • S. 1936 (land conveyance), which 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, was passed by the House. 146 CONG. REC. H9980 (daily ed. Oct. 17, 2000).
  • 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 House, clearing the measure for the President. 146 CONG. REC. H10493 (daily ed. Oct. 23, 2000). 
  • S. 2102 (Native American lands), which would provide to the Timbisha Shoshone Tribe a permanent land base within its aboriginal homeland, was passed by the House, clearing the measure for the President. 146 CONG. REC. H9976 (daily ed. Oct. 17, 2000).
  • S. 2195 (water resources), which would authorize the Secretary of the Interior, pursuant to the provisions of the Reclamation Wastewater and Groundwater Study and Facilities Act, to participate in the design, planning, and construction of the Truckee watershed reclamation project in Nevada for the reclamation and reuse of water, was passed by the Senate. 146 CONG. REC. S10528 (daily ed. Oct. 13, 2000).
  • S. 2300 (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 House, clearing the measure for the President. 146 CONG. REC. H10494 (daily ed. Oct. 23, 2000).
  • S. 2301 (water resources), which would authorize the Secretary of the Interior, pursuant to the provisions of the Reclamation Wastewater and Groundwater Study and Facilities Act, to participate in the design, planning, and construction of the Lakehaven water reclamation project for the reclamation and reuse of water, was passed by the Senate. 146 CONG. REC. S10528 (daily ed. Oct. 13, 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. 2425 (Bend Feed Canal Pipeline Project), which would authorize the Bureau of Reclamation to participate in the planning, design, and construction of the Bend Feed Canal Pipeline Project, Oregon, was passed by the Senate, 146 CONG. REC. S10526 (daily ed. Oct. 13, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H10517 (daily ed. Oct. 23, 2000).
  • S. 2594 (water resources), which would authorize the Secretary of the Interior to contract with the Mancos Water Conservancy District in Colorado to use the Mancos Project facilities for impounding, storing, diverting, and carrying nonproject water for the purpose of irrigation, domestic, municipal, industrial, and any other beneficial purposes, was passed by the Senate. 146 CONG. REC. S10527 (daily ed. Oct. 13, 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 House, 46 CONG. REC. H10574 (daily ed. Oct. 24, 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. 2796 (water resources), which would provide for the conservation and development of water and related resources, was passed by the House. 146 CONG. REC. H10292 (daily ed. Oct. 19, 2000). The bill would authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States.
  • S. 2877 (water resources), which would authorize the Secretary of the Interior to conduct feasibility studies on water optimization in the Burnt River basin, Malheur River basin, Owyhee River basin, and Powder River basin, Oregon, was passed by the Senate. 146 CONG. REC. S10529 (daily ed. Oct. 13, 2000).
  • S. 2882 (water resources), which would authorize the Bureau of Reclamation to conduct certain feasibility studies to augment water supplies for the Klamath Project in Oregon and California, was passed by the Senate, 146 CONG. REC. S10529 (daily ed. Oct. 13, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H10518 (daily ed. Oct. 23, 2000).  
  • S. 2917 (Native American lands), which would settle the land claims of the Pueblo of Santo Domingo, was passed by the Senate, 146 CONG. REC. S10268 (daily ed. Oct. 11, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H9963 (daily ed. Oct. 17, 2000).
  • S. 2950 (Sand Creek Massacre National Historic Site), which would authorize the Secretary of the Interior to establish the Sand Creek Massacre Historic Site in Colorado, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10497 (daily ed. Oct. 23, 2000). A related bill, H.R. 5371, was introduced in the House this period.
  • S. 2951 (water resources), which would authorize the Secretary of the Interior to conduct a study to investigate opportunities to better manage the water resources in the Salmon Creek watershed of the upper Columbia River, was passed by the Senate, 146 CONG. REC. S10527 (daily ed. Oct. 13, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H10519 (daily ed. Oct. 23, 2000).  
  • S. 3022 (water resources), which would direct the Secretary of the Interior to convey certain irrigation facilities to the Nampa and Meridian Irrigation District in Idaho, was passed by the Senate, 146 CONG. REC. S10529 (daily ed. Oct. 13, 2000), and the House, clearing the measure for the President. 146 Cong. Rec. H10512 (daily ed. Oct. 23, 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), and the House. 146 CONG. REC. H9842 (daily ed. Oct. 12, 2000).

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  • H.R. 898 (Spanish Peaks Wilderness), which would designate certain land in the San Isabel National Forest in Colorado as the Spanish Peaks Wilderness,' was passed by the Senate. 146 CONG. REC. S10839 (daily ed. Oct. 19, 2000). A related bill, S. 503, passed the House this period.
  • H.R. 1695 (land transfer), which would provide for the conveyance of certain federal public lands in 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), and the House, clearing the measure for the President. 146 CONG. REC. H9960 (daily ed. Oct. 17, 2000). 
  • H.R. 1725 (land conveyance), which would provide for the conveyance by the BLM to Douglas County, Oregon, of a county park and certain adjacent land, was passed by the House, clearing the measure for the President. 146 CONG. REC. H10520 (daily ed. Oct. 20, 2000).
  • H.R. 2348 (fisheries), which would authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins, was passed by the House, clearing the measure for the President. 146 CONG. REC. S10527 (daily ed. Oct. 13, 2000).
  • H.R. 2570 (Lincoln Highway), which would require the Secretary of the Interior to undertake a study regarding methods to commemorate the national significance of the U.S. roadways that comprise the Lincoln Highway, was passed by the House. 146 CONG. REC. H9961 (daily ed. Oct. 17, 2000).
  • H.R. 2884 (Strategic Petroleum Reserve; energy conservation), which would extend energy conservation programs under the Energy Policy and Conservation Act through fiscal year 2003, was passed by the Senate, 146 CONG. REC. S10837 (daily ed. Oct. 19, 2000), and the House, clearing the measure for the President. 146 CONG. REC. H10554 (daily ed. Oct. 24, 2000).
  • H.R. 2984 (water resources), which 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, Nebraska, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10542 (daily ed. Oct. 13, 2000).
  • H.R. 3023 (land conveyance), which 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, was passed by the Senate. 146 CONG. REC. S10838 (daily ed. Oct. 19, 2000).
  • H.R. 3236 (water resources), which 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 use, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10528 (daily ed. Oct. 13, 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 House, clearing the measure for the President. 146 CONG. REC. H9843 (daily ed. Oct. 12, 2000).
  • H.R. 3388 (Lake Tahoe), which would promote environmental restoration around the Lake Tahoe basin, was passed by the House. 146 CONG. REC. H10515 (daily ed. Oct. 23, 2000). A companion bill, S. 1925, passed the Senate this period.
  • H.R. 3417 (NOAA jurisdiction), which would complete the orderly withdrawal of NOAA from the civil administration of the Pribilof Islands in Alaska, was passed by the Senate. 146 CONG. REC. S10552 (daily ed. Oct. 13, 2000). 
  • H.R. 3468 (water rights), which would direct the Secretary of the Interior to convey certain water rights to Duchesne City, Utah, was passed by the House, clearing the measure for the President. 146 CONG. REC. S10527 (daily ed. Oct. 13, 2000).
  • H.R. 3577 (water resources), which would increase the amount authorized to be appropriated for the north side pumping division of the Minidoka reclamation project, Idaho, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S101528 (daily ed. Oct. 13, 2000).
  • H.R. 3595 ( Reclamation Safety of Dams Act), which would increase the authorization of appropriations for the Reclamation Safety of Dams Act of 1978, was passed by the House. 146 CONG. REC. H10519 (daily ed. 23, 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 Senate, 146 CONG. REC. S10837 (daily ed. Oct. 19, 2000), and the House, clearing the measure for the President. 146 CONG. REC. Rec. H10504 (daily ed. Oct. 23, 2000).
  • H.R. 3671 (Pittman-Robertson Wildlife Restoration), which would amend the Pittman-Robertson Wildlife Restoration and the Dingell-Johnson Sport Fish Restoration Act to enhance the funds available for grants to states for fish and wildlife conservation projects, to reauthorize and amend the National Fish and Wildlife Foundation Establishment Act, and to commemorate the centennial of the establishment of the first national wildlife refuge in the United States on March 14, 1903, was passed by the Senate. 146 CONG. REC. S10491 (daily ed. Oct. 12, 2000).
  • H.R. 3926 (Illinois and Michigan Canal National Heritage Corridor), which would amend the Illinois and Michigan Canal National Heritage Corridor Act of 1984 to increase the amount authorized to be appropriated to the Illinois and Michigan Canal National Heritage Corridor Commission, was passed by the House. 146 CONG. REC. H9975 (daily ed. Oct. 17, 2000). 
  • H.R. 3986 (water resources), which 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, was passed by the Senate,  clearing the measure for the President. 146 CONG. REC. S10542 (daily ed. Oct. 13, 2000).
  • H.R. 4110 (historic preservation), which would amend title 44, United States Code, to authorize appropriations for the National Historical Publications and Records Commission for fiscal years 2002 through 2005, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S1843 (daily ed. Oct. 19, 2000).
  • H.R. 4132 (water resources), which would reauthorize grants for water resources research and technology institutes established under the Water Resources Research Act of 1984, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10735 (daily ed. Oct. 18, 2000).
  • H.R. 4312 (Upper Housatonic National Heritage Area), which would direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing an Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts, was passed by the House. 146 CONG. REC. H9979 (daily ed. Oct. 17, 2000).
  • H.R. 4320 (wildlife conservation), which 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, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10843 (Oct. 19, 2000).
  • H.R. 4345 (native American lands), which would amend the Alaska Native Claims Settlement Act to clarify the process of allotments to Alaskan Natives who are veterans, was passed by the House. 146 CONG. REC. H9841 (daily ed. Oct. 12, 2000).

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  • H.R. 4389 (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 Senate, clearing the measure for the President. 146 CONG. REC. S10542 (daily ed. Oct. 13, 2000).
  • H.R. 4521 (Glacier National Park), which would authorize and provide funding for rehabilitation of the Going-to-the-Sun Road in Glacier National Park and would authorize funds for maintenance of utilities related to the Park, was passed by the House. 146 CONG. REC. H9966 (daily ed. Oct. 17, 2000).
  • H.R. 4635 (appropriations; EPA), which would make appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, including EPA, for the fiscal year ending September 30, 2001, was passed by the Senate. 146 CONG. REC. S10275 (daily ed. Oct. 12, 2000).
  • H.R. 4646 (wilderness), which would designate certain National Forest System lands within the boundaries of Virginia as wilderness areas, was passed by the House. 146 CONG. REC. H9969 (daily ed. Oct. 17, 2000).
  • H.R. 4794 (national trails), which would require the Secretary of the Interior to complete a resource study of the 600 mile route through Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, and Virginia, used by George Washington and General Rochambeau during the American Revolutionary War, was passed by the House. 146 CONG. REC. H10521 (daily ed. Oct. 23, 2000). A companion bill, S. 3209, was introduced in the Senate this period.
  • H.R. 4835 (land exchange), which would authorize the exchange of land between the Secretary of the Interior and the Director of Central Intelligence at the George Washington Memorial Parkway in McLean, Virginia, was passed by the Senate, clearing the measure for the President. 146 CONG. REC. S10838 (daily ed. Oct. 19, 2000).
  • H.R. 5041 (Missouri River), which would establish the boundaries and classification of a segment of the Missouri River in Montana under the Wild and Scenic Rivers Act, was passed by the House. 146 CONG. REC. H9966 (daily ed. Oct. 17, 2000).
  • H.R. 5083 (federal lands), which would extend the authority of the Los Angeles Unified School District to use certain park lands in the city of South Gate, California, which were acquired with amounts provided from the land and water conservation fund, for elementary school purposes, was passed by the House. 146 CONG. REC. H9843 (daily ed. Oct. 12, 2000).
  • H.R. 5308 (Native American lands), which 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, was passed by the House. 146 CONG. REC. H9969 (daily ed. Oct. 17, 2000).
  • H.R. 5398 (Native American lands), which 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, was passed by the House. 146 CONG. REC. H9983 (daily ed. Oct. 17, 2000).

red bar graphic  COMMITTEE ACTION

  • S. 1495 (toxicology testing), was reported by the Committee on Health, Education, Labor, and Pensions. S. REP. NO. 496, 146 CONG. REC. S10252 (daily ed. Oct. 11, 2000). The bill would establish, wherever feasible, guidelines, recommendations, and regulations that promote the regulatory acceptance of new and revised toxicological tests that protect human and animal health and the environment while reducing, refining, or replacing animal tests and ensuring human safety and product effectiveness.
  • H.R. 1552 (appropriations; NOAA) was reported by the House Committee on Science. H. REP. NO. 987, 146 CONG. REC. H10256 (daily ed. Oct. 18, 2000). The bill would authorize appropriations for fiscal year 2000 and fiscal year 2001 for the Marine Research and related environmental research and development program activities of NOAA and the National Science Foundation.
  • H.R. 1924 (federal government litigation) was reported by the Committee on the Judiciary. H. REP. NO. 976, 146 CONG. REC. H9899 (daily ed. Oct. 12, 2000). The bill would prevent federal agencies from pursuing policies of unjustifiable nonacquiescene in, and relitigation of, precedents established in the Federal judicial courts; with an amendment. 
  • H.R. 4281 (toxicology testing) was reported by the House Committee on Commerce. H. REP. NO. 908, 146 CONG. REC. H9907 (daily ed. Oct. 16, 2000). The bill would establish, wherever feasible, guidelines, recommendations, and regulations that promote the regulatory acceptance of new and revised toxicological tests that protect human and animal health and the environment while reducing, refining, or replacing animal tests and ensuring human safety and product effectiveness.

red bar graphic  BILLS INTRODUCED

  • S. 3207 (Santorum, R-Pa.) (well water systems) would amend the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually owned household water well systems in rural areas for individuals with low or moderate incomes. 146 CONG. REC. S10590 (daily ed. Oct. 13, 2000). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3209 (Daschle, D-S.D.) (national trails) would direct the Secretary of the Interior to carry out a resource study of the approximately 600-mile route through the States of Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, and Virginia, used by George Washington and General Rochambeau during the Revolutionary War. 146 CONG. REC. S10619 (daily ed. Oct. 17, 2000). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 4794, passed the House this period.
  • S. 3212 (Smith, R-N.H.) (Connecticut River) would authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of New Hampshire and Vermont. 146 CONG. REC. S10716 (daily ed. Oct. 18, 2000). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3218 (McConnell, R-Ky.) (CAA) would amend the CAA to exclude beverage alcohol compounds emitted from aging warehouses from the definition of "volatile organic compounds." 146 CONG. REC. S10716 (daily ed. Oct. 18). The bill was referred to the Committee on Environment and Public Works.

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  • S. 3222 (Craig, R-Idaho) (nonnative plants) would require the Secretary of the Interior to establish a program to provide assistance through states to eligible weed management entities to control or eradicate harmful, nonnative weeds on public and private land. 146 CONG. REC. S10801 (daily ed. Oct. 19, 2000). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3224 (Bingaman, D-N.M.) (national parks) would authorize the Secretary of the Interior to conduct studies of specific areas for potential inclusion in the National Park System. 146 CONG. REC. S10801 (daily ed. Oct. 19, 2000). The bill was referred to the Committee on Energy and Natural Resources. 
  • S. 3227 (Smith, R-Or.) (Rogue River) would authorize the Bureau of Reclamation to provide for the installation of pumps and removal of the Savage Rapids Dam on the Rogue River in Oregon. 146 CONG. REC. S10892 (daily ed. Oct. 23, 2000). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3231 (Kyl, R-Ariz.) (water resources) would provide for adjustments to the Central Arizona Project in Arizona. 146 CONG. REC. S10926 (daily ed. Oct. 24, 2000). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 5529, was introduced in the House this period.
  • H.R. 5441 (Chambliss, R-Ga.) (Okefenokee National Wildlife Refuge) would transfer management of the Banks Lake Unit of the Okefenokee National Wildlife Refuge. 146 CONG. REC. H9767 (daily ed. Oct. 11, 2000). The bill was referred to the Committee on Resources. 
  • H.R. 5446 (Oliver, D-Mass.) (national heritage area) would establish the Freedom's Way National Heritage Area in Massachusetts and New Hampshire. 146 CONG. REC. H9767 (daily ed. Oct. 11, 2000). The bill was referred to the Committee on Resources. 
  • H.R. 5458 (Bilbray, R-Cal.) (electric power) would authorize the investor-owned electric utilities in California to purchase electric power directly from the Bonneville Power Administration at specified rates. 146 CONG. REC. H9899 (daily ed. Oct. 12, 2000). The bill was referred to the Committee on Commerce.
  • H.R. 5459 (Sanford, R-S.C.) (water resources) would direct the Secretary of the Army to recommend a water resources development and conservation project for authorization by Congress only if the project has projected benefits that are at least 1.5 times as great as the project's estimated total cost. 146 CONG. REC. H9900 (daily ed. Oct. 12, 2000). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5461 (Cunningham, R-Cal.) (shark finning) would amend the Magnuson-Stevens Fishery Conservation and Management Act to eliminate the wasteful and unsportsmanlike practice of shark finning. 146 CONG. REC. H9900 (daily ed. Oct. 12, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5477 (Hunter, R-Cal.) (Native American lands) would provide that gaming shall not be allowed on certain Native American trust lands in California that were purchased with certain federal grant funds. 146 CONG. REC. H10036 (daily ed. Oct. 17, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5484 (Bilbray, R-Cal.) (electricity) would impose a windfall profits tax on electricity sold in Orange and San Diego Counties in California during the summer of 2000. 146 CONG. REC. H10256 (daily ed. Oct. 18, 2000). The bill was referred to the Committee on Ways and Means. 
  • H.R. 5493 (Radanovich, R-Cal.) (federal land management; public participation) would improve the ability of local communities to participate in federal land management planning conducted by the Forest Service and agencies of the DOI and to respond to the local impacts of the heavy public use of the federal lands administered by these agencies. 146 CONG. REC. H10256 (daily ed. Oct. 18, 2000). The bill was referred to the Committees on Resources, and Agriculture.
  • H.R. 5494 (Riley, R-Ala.) (Native American lands) would ensure that certain property taken into trust by the United States for the benefit of the Poarch Band of Creek Indians of Alabama to protect such land from development shall not be used for gaming. 146 CONG. REC. H10256 (daily ed. Oct. 18). The bill was referred to the Committee on Resources. 
  • H.R. 5496 (Souder, R-Ind.) (national wildlife refuge system) would amend the National Wildlife Refuge System Administration Act of 1966 to authorize the Secretary of the Interior to provide for maintenance and repair of buildings and properties located on lands in the National Wildlife Refuge System by lessees of such facilities. 146 CONG. REC. H10256 (daily ed. Oct. 18, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5498 (Ewing. R-Ill.) (Native American lands) would permit landowners to assert otherwise available state-law defenses against real property claims by Native American tribes. 146 CONG. REC. H10256 (daily ed. Oct. 18, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5515 (Pascrell, D-N.J.) (Natural Gas Act) would limit the use of eminent domain under the Natural Gas Act to acquire certain state-owned property. 146 CONG. REC. H10472 (daily ed. Oct. 19, 2000). The bill was referred to the Committee on Commerce.
  • H.R. 5518 (Souder, R-Ind.) (national trails) would authorize the Hoosier Automobile & Truck National Heritage Trail Area. 146 CONG. REC. H10472 (daily ed. Oct. 19, 2000). The bill was referred to the Committee on Resources.
  • H.R. 5527 (Thune, R-S.D.) (Missouri River) would provide assistance for efforts to improve conservation of, recreation in, erosion control of, and maintenance of fish and wildlife habitat of the Missouri River in South Dakota. 146 CONG. REC. H10808 (daily ed. Oct. 24, 2000). The bill was referred to the Committees on Transportation and Infrastructure and Resources.
  • H.R. 5529 (Hayworth, R-Ariz.) (water resources) would provide for adjustments to the Central Arizona Project in Arizona. 146 CONG. REC. H10808 (daily ed. Oct. 24, 2000). The bill was referred to the Committee on Resources. A companion bill, S 3231, was introduced in the Senate this period.
  • H.R. 5535 (Rohrabacher, R-Cal.) (coastal resources) would enhance and restore the coastal resources of the United States. 146 CONG. REC. H10808 (daily ed. Oct. 24, 2000). The bill was referred to the Committees on Transportation and Infrastructure, Science, and Resources.

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IN THE STATES

red bar graphic ALABAMA

Dept. of Envtl. Management

Proposed Regulations-Air Quality

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

Proposed Regulations-Air

Proposed Regulations-Water Quality

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red bar graphic ARIZONA

Dept. of Envtl. Quality

Draft TMDLs

Water Quality-Grant Applications

Water Quality-CWA §305(b) Report

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements

Arizona Emissions Bank

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Air Resources Board

2000 California Emissions Inventory

Off-road Equipment Evaporative Emissions

Zero-Emission Vehicles (ZEVs)

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

Draft Regulations-Land Use Covenants

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

Nov. 1 Board Workshop Meeting Agenda

Water Rights Allocation Hearing

South Coast Air Quality Management District

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 Regulations-On-Road Motor Vehicle Mitigation Options

  • Proposed amended Rule 2202 would delete alternative fuel vehicle credits and include recently adopted Air Resources Board emission factors. The amendments are deemed necessary for Rule 2202 to become consistent with state standards. Public workshop Nov. 15. See http://www.aqmd.gov/pub_edu/notice_r2202.html

Proposed Regulations-VOC Emissions from Spray Booths

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Hazardous Waste Commission

Proposed Regulations-Universal Waste

  • Proposed extension of universal waste regulations to include mercury-containing devices, in addition to thermostats, subject of Commission hearing Nov. 21. See http://www.cdphe.state.co.us

Proposed Regulations-Treatment Sludges from Metal Finishing 

  • Proposed rules would implement U.S. EPA standards for 180-day accumulation time for waste water treatment sludges from the metal finishing industry. See http://www.cdphe.state.co.us

House Bill 00-1306 Implementation

  • Draft prioritization criteria for implementation of provisions of bill that authorize state authority to cleanup "orphan" sites available for comment through Nov. 17; will be considered at Commission hearing Nov. 21. See http://www.cdphe.state.co.us/hm/rp_gen.asp

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
  • 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 DELAWARE

Dept. of Nat. Resources and Envtl. Control

Proposed Regulation-FOIA Requests

Notices of Violation

Regulatory Update

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Dept. of Envtl. Protection

Proposed Regulations-Quality Assurance Rule

Drinking Water Operator Certification

Stormwater Regulation

Reuse Reports

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Dept. of Natural Resources

Air Permit Applications

NPDES Permit Applications

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Office of Envtl. Quality Control

Environmental Impact Notices

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Dept. of Envtl. Quality

Outstanding Resource Waters-Petitions

Risk Based Corrective Action

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Pollution Control Board

Open Regulatory Dockets

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). 

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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

Indiana Environment Online

Upper White River Watershed

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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 were due Oct. 24. See http://www.state.ia.us/epd/wtrsuply/septic.htm

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Dept. for Envtl. Protection, Division of Water

Public Hearing Notices

Permit Applications

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Dept. of Envtl. Quality

Proposed Regulations

Proposed General Permit-Groundwater/Stormwater

Final Regulations-Stormwater

Permit Applications

Proposed Regulations-Hazardous Waste

Proposed Regulations-Water Quality

Proposed Regulations-Air Quality

Semiannual Regulatory Agenda

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Dept. of Envtl. Protection

Proposed Regulations-Air Quality

Final Regulations-Oil Terminals/Pipelines

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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

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Dept. of Envtl. Protection

Enforcement Actions

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

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Pollution Control Agency

Permit Applications, Other Notices

red bar graphic  MISSISSIPPI

Dept. of Environmental Quality

Settlement Agreement

  • DEQ and U.S. EPA announced on Oct. 26 that they had reached a settlement agreement with Morton International, Inc. resolving thousands of violations of environmental laws at its Moss Point facility. A criminal plea agreement was also announced. Morton will pay a record (for a single facility) $20 million cash penalty divided equally between the U.S. and Mississippi and will spend $16 million on supplemental environmental projects. 

red bar graphic  MISSOURI

Dept. of Natural Resources

Water Pollution Control-Permit Applications

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red bar graphic MONTANA

Dept. of Environmental Quality

Public Comment Notices

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Dept. of Environmental Quality

Settlement Agreement

Proposed Regulations

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Division of Environmental Protection

Proposed Regulations

red bar graphic NEW JERSEY

Dept. of Envtl. Protection

Draft Watershed Management Rules

Current DEP Bulletin (Permit Applications; Proposed Regulations)

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Water Quality Control Commission

Proposed Regulations-Liquid Waste Disposal

Proposed TMDLs

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Dept. of Envtl. Conservation

Environmental Notice Bulletin (Permit Applications)

Permit Applications

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red bar graphic  NORTH CAROLINA

Environmental Management Commission

Proposed Regulations-Groundwater Quality

Dept. of Envt. and Natural Resources

Division of Air Quality Penalty Assessments

DENR Enforcement Data

Water Quality-Basinwide Assessment Reports

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Envtl. Protection Agency

OPEA Actions, Notices by County

Public Meetings

Pending Air Permits

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Dept. of Envtl. Quality

Draft Source Water Assessment and Protection Program Document

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Dept. of Envtl. Quality

Water Quality Permit Applications

Proposed Regulations

Public Notices-Cleanup Remedies

Public Notices-Remedial Actions

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red bar graphic PENNSYLVANIA

Dept. of Envtl. Protection

Final Regulations-Interstate Ozone Transport

Final General NPDES Permit-CAFO Operations

Final Regulations-Air

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

red bar graphic  TENNESSEE

Dept. of Environment and Conservation

Proposed TMDL

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

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Dept. of Envtl. Conservation

Permit Applications

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red bar graphic VIRGINIA

Dept. of Envtl. Quality

Proposed Regulations-Solid Waste Management

  • 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-Dispute Resolution

Proposed Regulations-Water Quality

Proposed Regulations-TMDLs

Proposed Regulations-VPDES General Permits

Proposed Regulations-Air Quality

RCRA Program Authorization

Public Meeting Notices

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)

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Dept. of Natural Resources

Public Hearing and Meeting Schedule

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

INTERNATIONAL
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red bar graphic GENERAL 

  • A workshop on environmental safety in mining, planned by the Australian government and the United Nations Environmental Program (UNEP), opened in Perth. The objective is to examine issues such as mine tailings management and the use of cyanide in mining, along with emergency response protocols, all in light of the cyanide spill in Romania in January.

  • Selective use of solar energy could improve the lives of millions in developing countries, according to a report, "Solar Photovoltaics for Sustainable Agriculture and Rural Development", issued by the U.N. Food and Agriculture Organization. See http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2000/pren0059.htm and http://www.fao.org/sd/egdirect/EGre0057.htm

  • The U.S. Senate voted to ratify the U.N. Convention to Combat Desertification.

  • The UNEP and the World Trade Organization (WTO) Trade and Environment Committee met separately in Geneva to discuss trade/environment issues.

  • The 31st South Pacific Forum, taking up the issue of sustainable development, met in Kiribati. Australia, New Zealand, and independent Pacific island nations were represented.

  • A new World Wildlife Fund report, "Fully Protected Marine Reserves," was released. See http://www.panda.org/news/press/news.cfm?id=2098

  • The "Living Planet Report 2000" was released. See http://www.panda.org/livingplanet/lpr00/

  • The U.S. and Jordan signed a trade agreement that includes environmental protection language.

  • The Codex Alimentarius Commission biotechnology task force, meeting in Tokyo, considering several draft documents including a list of principles for risk analysis of genetically modified foods. 

  • A study issued by Environment Canada and Health Canada found a relationship between ambient ozone levels and hospital admissions, giving support to a mandatory federal standard for ozone. 

  • The International Fund for Animal Welfare announced a new web site, http://www.rightwhales.org, which is intended to promote protection of right whales.

red bar graphic CLIMATE CHANGE

  • A new U.N. Intergovernmental Panel on Climate Change (IPCC) report paints a grim picture of global warming, blaming human activity for much of the problem and suggesting that if emissions are not significantly curbed the average surface temperature of the Earth will increase between 2.7 and 11 degrees F, much more than earlier expected. Several scientists, however, were quoted as critical of the scientific value of the study, arguing that the situation is not so dire and/or that the impact of human activity is uncertain. The report comes prior to the Nov. 13-24 meeting at The Hague to discuss implementation of the Kyoto Protocol. 

  • The World Bank and the Russian Federation signed a U.S. $26.2 million grant agreement for funds to assist Russia in complying with the Montreal Protocol Annex 1 and 2 requirements on the closure of ozone-depleting product manufacturing processes. The grant was financed by the U.S. and several other countries. See http://wbln0018.worldbank.org/news

  • Seven major companies, including DuPont, Royal Dutch/Shell, and BP Amoco, joined with the environmental group Environmental Defense in agreeing to reduce greenhouse gas emissions using market-based measures, regardless of the outcome of the November Kyoto meeting. The companies agreed to firm targets of annual reductions of 90 million metric tons of carbon dioxide equivalent by 2010. 

  • U.S. presidential candidate Al Gore said he would personally attend the November meeting if he is elected. Governor Bush also said he would send delegates to The Hague if he is elected. The U.S. is considering taking the position that buyers of emission reduction credits would be responsible for shortfalls in emission reductions. Meanwhile, some observers are already looking toward the 7th Conference of the Parties, scheduled for Morocco next year. 

  • Japan's environmental minister said that the country's target of a 6% reduction in 1990 levels of greenhouse gases by 2010 might not be achieved. The Ministry of International Trade and Industry announced that work had begun on the preparation of emission reduction industry allocations. 

  • PricewaterhouseCoopers and Cantor Fitzgerald, a brokerage firm, established a web site, http://www.CO2e.com, which is designed to facilitate greenhouse emission credit trades. 

  • Two European groups, the Fraunhofer Institute and Ecofys, issued a report contending that the EU will not meet Kyoto Protocol targets. The only country deemed likely to do so was the U.K. Overall, the groups estimated CO emissions would actually be between 7 and 8% higher than 1990 levels.

  • EU environmental ministers will meet Nov. 7, in advance of the Kyoto Protocol meeting, to try to iron out issues relating to the use of "carbon sinks" to meet emission reduction targets.

  • A report commissioned by Greenpeace argues that a rise in sea level of from roughly five to eight inches due to global warming would devastate the economies of several South Pacific island nations.

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  • The European Commission (EC) claimed that Luxembourg had violated a directive and a regulation dealing with prevention of restraints in transboundary waste shipments. The country allegedly refused to allow waste to be transported to an incinerator in France even though the facility was authorized to receive it.  

  • Russia, with U.S. assistance, opened a facility to assist in the handling of radioactive waste from decommissioned nuclear submarines. The facility is located in Severerodvinsk. 

  • Germany issued a new requirement mandating that batteries, after April 2001, contain no more than 0.00005% total weight mercury content. See http://www.umweltbundesamt.de

  • The European Parliament voted to approve a protocol to the 1979 Geneva Convention on Long-Range Transboundary Air Pollution dealing with the control of "emissions of heavy metals caused by anthropogenic activities that are subject to long-range transboundary atmospheric transport and that are likely to have significant adverse effects on human health or the environment."

  • Italy's ban on the use of genetically modified maize crop products remains following a failed EC attempt to challenge it. Austria also has a ban, which has been in place for over four years absent a challenge.

  • The EU and Switzerland joined together in calling upon the WTO to abandon the current stance that a country whose trade measure is challenged by environmental groups has the burden of proof. 

  • The EC predicted that CO2 emissions from motor vehicles and trucks would increase, at least until 2005. See http://europa.eu.int/comm/environment/autooil.index.htm

  • Germany's new National Climate Protection Program seeks to implement the existing goal of a 25% reduction in 1990 CO2 emissions by 2005.

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  • A controversial coal mine project near the Jasper National Park, Alberta, was discontinued in part due to environmental concern, even though federal and provincial authorities had recommended approval. 

  • The U.S. and Canada issued a draft agreement dealing with transboundary pollution. According to the draft, the U.S. will reduce emissions of NOx by 35% by 2007 (70% reduction in power plant emissions), while Ontario will reduce power plant emissions by 39 kilotons per year, a 50% reduction from current levels. See http://www.herald.com/content/sat/news/americas/canada/digdocs/067159.htm and http://www.ec.gc.ca/minister/speeches/001013-s-e.htm

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  • The Supreme Court of India ruled that a 300-foot-tall hydroelectric dam project (the Sardar Sarovar dam) may proceed in the Narmada River valley. Environmental groups and others, including the author Arundhati Roy, are steadfastly opposed to the project, claiming that it will destroy valuable resources and displace hundreds of thousands of people.
  • China's Environmental Protection Administration and the State Economic and Trade Commission issued a joint statement prohibiting the use of "obsolete manufacturing techniques and backward technologies and equipment." The statement seeks to impose restrictions or bans on new paper mills and dye-manufacturing plants in western China.
  • Taiwan Premier Chang Chun-hsiung, much to the opposition of other political parties, announced a halt to construction of the island's fourth nuclear power plant.