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Weekly Update Volume 31, Issue 11

04/09/2001

LITIGATION

Note: The cases listed are available from the ELR Document Service.


redbar.jpg (3517 bytes)  CONTRACTS, LOW-LEVEL RADIOACTIVE WASTE (LLRW), THIRD-PARTY BENEFICIARY:

The Federal Circuit held that a LLRW facility developer lacks standing as a third-party beneficiary to bring suit  for the breach of an alleged contract between the DOI and California for the sale of land where the facility would be built. In 1993, the DOI and California agreed to transfer certain land, and the developer, who would build and run the LLRW facility on the land, paid the purchase price for the DOI. Subsequently, under a new Administration, the DOI rescinded the transfer's approval and refused to transfer the land. The developer sought damages as a third-party beneficiary to the land transfer agreement. However, there is no indication in the evidence presented by the developer that the DOI ever intended the alleged contract to confer a right on any third-party. The DOI did cooperate with the developer, but only because the developer was assisting the state in its effort to purchase the land. Further, the developer presented no evidence that the state was bound to develop the facility if the DOI did transfer the land. Moreover, the DOI did not expressly confer a right on the developer as a third party in the contract documents. Also, the DOI's retention of a reversionary right to the land if the state did not license the operation of the facility is undisputed evidence that the DOI was uncertain whether the state would proceed with the facility on the land. In addition, even if the DOI had intended to confer a third-party right, the developer did not qualify as such a third party because the developer was not licensed by the state to operate the facility, and the state was not obligated to license the developer. U.S. Ecology, Inc. v. United States, No. 00-5062 (Fed. Cir. Mar. 30, 2001) (13 pp.).

redbar.jpg (3517 bytes)  ZONING, TELECOMMUNICATIONS ACT (TCA), TELECOMMUNICATIONS TOWER SITING:

The First Circuit affirmed a local zoning board's denial of a telecommunications company's application for a special permit to construct a 150-foot lattice telecommunications tower. A local zoning bylaw sets forth the regulations applicable to proposed wireless telecommunications facilities. The company submitted a special permit application as required by the bylaw, but after hearings, the board concluded that the tower would not satisfy the bylaw's requirements of minimum visual impact. The company claimed that the board's denial was not supported by substantial evidence contained in a written record as required by the TCA. However, the TCA requirement that the board's decision be in writing does not require written findings of fact and conclusions of law. Under the TCA, the board's written denial must be separate from the written record and contain a sufficient explanation of the reasons for denial. Further, the review is not limited to the facts specifically offered in the written denial. Here, the board voted to deny the permit and issued a short written decision with little explanation and few facts, but it did state its reasons for denial with sufficient clarity to permit review. Moreover, the TCA does not prevent the board from exercising their traditional prerogative to control development based on aesthetic considerations, so long as those considerations do not mask a de facto prohibition of wireless service. The evidence in the record supports the board's decision because the tower was of a different magnitude and out of keeping with the residential uses surrounding it. In addition, the board did not have to provide substantial evidence showing the availability of alternative sites for the tower. The TCA does not impose such a burden, and the bylaw requires the company, not the board, to evaluate the feasibility of other sites. Southwesten Bell Mobile Systems, Inc. v. Todd, No. 00-1164 (1st Cir. Mar. 30, 2001) (12 pp.).

redbar.jpg (3517 bytes)  CONTRACTS, ENVIRONMENTAL CONTAMINATION, DAMAGES:

The Eighth Circuit affirmed a district court decision that a Georgia trucking company breached a contract to purchase a Missouri trucking company's terminal facility when it refused to close the sale of the facility due to diesel fuel contamination at the facility. The contract provided that if an environmental audit revealed any problems at the facility, the Missouri company had the sole option of remedying the problem or terminating the contract. When the audit revealed contamination at the facility, the Missouri company reported the contamination to the state environmental agency, but before the agency responded, the Georgia company refused to close the sale. Subsequently, the agency issued the Missouri company a certificate of remediation because the site contamination was below diesel fuel cleanup levels. The Missouri company then sold the facility to another buyer and brought a breach of contract action against the Georgia company. The Georgia company argued that the agency certification did not relieve the Missouri corporation of the contractual obligation to remedy the contamination. However, the contract unambiguously provided that the Missouri company's only obligation was to remedy contamination in accordance with a directive from the state agency. On the date the Georgia company stated it would not close the sale, there was no directive to remediate the site. In fact, before the closing date, the agency found that no remediation was required. Thus, the Missouri company did all that it was contractually obligated to do. Moreover, the contract had not expired before the agency issued its certification. In addition, the district court properly calculated damages and did not err in awarding prejudgment interest. Contract Freighters, Inc. v. J.B. Hunt Transport, Inc., No. 00-1225 (8th Cir. Apr. 3, 2001) (8 pp.).

redbar.jpg (3517 bytes)  TORTS, OIL CONTAMINATION, RES IPSA LOQUITUR:

The Tenth Circuit affirmed a district court grant of summary judgment to an oil company that a property owner had sued for damage caused to his land by oil spills that the company allegedly caused. The company owned the land at issue, which it used as an oil tank farm, until 1955 when it sold it to the current owner's father. After discovering oil contamination in 1997, the current owner brought public nuisance, private nuisance, negligence, and trespass claims against the company. However, the public nuisance claim cannot survive because the owner failed to show that the company caused the contamination of the property. Res ipsa loquitur does not apply to the public nuisance claim because the owner offered no evidence that oil spills occurred during the company's ownership of the land. Further, the owner cannot bring a private nuisance claim because private nuisance is only available to adjacent landowners and not, as here, to a successor landowner. Moreover, the negligence per se claim fails because there is no proof that the company violated any statute or caused any pollution. Also, there can be no trespass because the owner only contends that the contamination occurred during the company's ownership. Thus, the alleged contamination did not involve a physical invasion of property owned by anyone but the company. In addition, the owner cannot show that the company has been unjustly enriched by avoiding the costs of remediating the property because the owner did not show that the company caused any contamination to the property. Moore v. Texaco, Inc., No. 00-6043 (10th Cir. Apr. 3, 2001) (5 pp.).


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redbar.jpg (3517 bytes)  RCRA, CITIZEN SUITS, PRE-SUIT NOTICE, THIRD-PARTY ACTIONS:

A district court dismissed for lack of notice a neighborhood group's third-party RCRA complaint against three federal agencies that are the alleged successors to a government tin smelter that emitted arsenic. Although there is no case law on point within the circuit, at least one court outside of the circuit has held that RCRA's pre-suit notice requirement applies to third-party actions. Further, the language of the RCRA §7002(b)(2)(A) notice requirement can be fairly read to apply to a third-party plaintiff commencing a third-party action. If Congress desired to limit the notice requirements to original actions, it could have expressed such in unmistakable terms. In addition, a consent decree in another case to which the federal agencies were signatories does not satisfy RCRA's notice requirements. Although that consent decree refers to the existence of the present action, it does not specifically acknowledge the existence of the present action, but rather the right of the settling defendants in that consent decree to bring an action similar to the present action against the United States. Moreover, even if the federal agencies did acknowledge the present action in the consent decree, Congress did not intend RCRA notice to be in this form. Walker v. TDY Holdings, L.L.C., No. Civ.A. G-99-773 (S.D. Tex. Mar. 22, 2001) (6 pp.).

redbar.jpg (3517 bytes)  PUBLIC NUISANCE, PRIMARY JURISDICTION DOCTRINE:

The Florida Supreme Court dismissed individuals' public nuisance action against sugar companies that allegedly disposed of a chemical byproduct of sugar cane processing by deep well injection. A trial court dismissed the individuals' nuisance claim because the individuals did not exhaust their administrative remedies as required by the primary jurisdiction doctrine and because part I of chapter 403 of the Florida Statutes, referred to as the Florida Air and Water Pollution Control Act, impliedly superseded the public nuisance provision of Florida Statutes §823.01, under which the individuals brought their complaint. A district court then reversed and properly held that chapter 403 does not supersede §823.01. The plain language of chapter 403 does not expressly supersede §823.01. Further, chapter 403 does not impliedly supersede §823.01 because there is neither a positive repugnancy between chapter 403 and §823.01 nor clear legislative intent indicating that the legislature intended to repeal §823.01 when it passed chapter 403. Nevertheless, the district court erred in holding that the primary jurisdiction doctrine does not bar the individuals' claim. The doctrine of primary jurisdiction requires dismissal of the complaint because the individuals failed to seek review of the sugar cane byproduct disposal by the state administrative agency with jurisdiction over the issue. The individuals claim that because of an alleged government complicity in the sugar companies' activity, administrative agency review is not necessary under the egregious and devastating agency errors exception. However, a condition precedent to the exception is an allegation that the state APA provides no remedy. The individuals made no such allegation, and, therefore, their complaint was dismissed without prejudice so that it may be reviewed by an administrative agency. Flo-Sun, Inc. v. Kirk, Nos. SC95044, SC95045 (Fla. Mar. 29, 2001) (26 pp.).


redbar.jpg (3517 bytes)  COLORADO HAZARDOUS WASTE ACT, STATUTE OF LIMITATIONS, SENTENCING:


A state appellate court affirmed in part and reversed in part a trial court conviction and criminal sentencing of a manufacturer for disposal and storage of hazardous waste without a permit in violation of the Colorado Hazardous Waste Act. The manufacturer's conviction for disposal must be vacated because the conviction was obtained after the statute of limitation for the illegal disposal of hazardous waste expired. The applicable statute of limitation permits prosecution within two years from the date the state discovers the alleged violation, or within five years after the date on which the alleged violation occurred, whichever is earlier. The manufacturer last possessed the hazardous waste at issue in 1985, but the state did not charge the manufacturer until 1997. The state alleged that the manufacturer was liable for continuous improper disposal because the manufacturer allowed hazardous waste to percolate in the soil, thereby extending the alleged violation to the date of indictment. However, the definition of "disposal" is ambiguous, and interpreting the term as the state requests would render the statute of limitation a nullity because disposal would continue until remediation occurs or until the point where the substance is no longer hazardous, which could take eons. Thus, the court applied the rule of lenity and determined that since the last disposal actuated by human conduct occurred in 1985, prosecution for illegal disposal is barred. Nonetheless, the conviction for illegal storage of hazardous waste stands because the jury instructions did not omit that an essential element of the crime was the manufacturer's knowledge that the stored materials were harmful. Similarly, the manufacturer's conviction for criminal mischief stands. The trial court did not err in failing to instruct the jury on the meaning of "single criminal incident," and the manufacturer's omission of failing to remedy the spread of contamination constitutes the commission of a crime under the statute because the manufacturer knew that the contamination would flow to and contaminate other properties. In addition, the trial court did not apply the correct sentencing provisions to the manufacturer's conviction for illegal storage of hazardous waste. People v. Thoro Products Co., No. 99CA1365 (Colo. Ct. App. Mar. 29, 2001) (27 pp.).


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redbar.jpg (3517 bytes)  CWA, NPDES PERMITS, WHOLE EFFLUENT TOXICITY (WET) TEST LIMIT:

The EPA Environmental Appeals Board (EAB) denied an electroplating company's petition to review the NPDES permit issued to it by EPA. The company challenged the adequacy of the final permit's effective date claiming that a compliance schedule should have been provided to allow it additional time to meet the limitations. However, the company did not raise the issue of its timely compliance with the WET limits during the comment period for the proposed NPDES permit. Moreover, the company could have reasonably ascertained that its compliance with the WET limits by the regulatory compliance default date would be a problem. Therefore, the company should have raised in its comments its alleged inability to meet the WET limits within the regulatory period and, consequently, its need for a compliance schedule. Because the company failed to so, the EAB cannot review the issue. Even if the EAB did consider the issue on the merits, it would deny review because the company failed to show that EPA abused its discretion or committed a clear error of fact by failing to provide a compliance schedule for the WET limits in the NPDES permit. In re New England Plating Co., NPDES Appeal No. 00-7 (EAB Mar. 29, 2001) (20 pp.).

   redbar.jpg (3517 bytes)  CAA, PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMITS, PARTICULATE MATTER (PM):

The EPA Environmental Appeals Board (EAB) denied individuals' petition to review the Michigan environmental agency's issuance of a PSD permit to an energy company that planned to burn tire-derived fuel (TDF). In issuing the PSD permit, the agency determined that the planned TDF burning would significantly increase the company's PM emissions, but the increased emissions would not violate the PM NAAQS. The individuals petitioned for review claiming that the agency erroneously failed to address six topics in issuing the PSD permit. However, the individuals' claim that the agency failed to address the impacts of the company's increased PM emissions on public health and increased levels of heart disease and stroke is in essence a challenge to the adequacy of the PM NAAQS to protect public health, and a permit proceeding is not the appropriate forum for such a challenge. Likewise, the individuals' claims under the state constitution's public health provision are beyond the EAB's jurisdiction. Further, as part of its air quality modeling analysis of the company's increased PM emissions, the agency adequately addressed the influence of topographical and meteorological factors on the impact of the increased PM emissions. Also, there is no requirement that an EIS be prepared before issuing the PSD permit. Moreover, the individuals' claims that the agency failed to address the company's handling of solid waste from the burning of TDF is an issue outside the ambit of PSD permit review. In addition, the individuals failed to offer any data substantiating their claim that the agency failed to require the best available control technology in the company's PSD permit. In re Tondu Energy Co., PSD Appeal Nos. 00-5, -7 (EAB Mar. 28, 2001) (22 pp.).

Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register.

redbar.jpg (3517 bytes)  AIR:



  • EPA promulgated a final rule addressing hazardous air pollutant emissions from motor vehicles and their fuels. 66 FR 17229 (3/29/01). 

  • EPA revised the motor vehicle inspection/maintenance requirements. 66 FR 18155 (4/5/01).

redbar.jpg (3517 bytes)  HAZARDOUS WASTES & SUBSTANCES:



  • EPA issued a supplemental notice that it entered into two proposed administrative de minimis settlements under CERCLA §122 and RCRA §7003 in connection with the Lenz Oil Services, Inc., site in Lemont, Ill. 66 FR 17709 (4/3/01).

  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with the Metcoa Radiation Superfund site in Pulaski, Pa. 66 FR 17708 (4/3/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(h) in connection with the Village Custom Radiator site in Hialeah, Fla. 66 FR 17894 (4/4/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(h) in connection with the Southern Cross Superfund site in Hazelwood, Mo. 66 FR 18250 (4/6/01).

redbar.jpg (3517 bytes)  OCCUPATIONAL HEALTH & SAFETY:



  • OSHA permanently amended the occupational health standard for cotton dust; the amendment creates no new requirements for industry but does provide an additional protective option for employers to achieve partial exemption from the cotton dust standard. 66 FR 18191 (4/6/01).

redbar.jpg (3517 bytes)  PESTICIDES:



  • EPA announced that it is seeking public comment on its analysis of the impact of wet milling on the Cry9C protein content in human food made from StarLink corn. 66 FR 17706 (4/3/01).

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 redbar.jpg (3517 bytes)  RADIOACTIVE WASTE:



  • EPA announced the availability of DOE documents applicable to the characterization of transuranic radioactive waste at the Rocky Flats Environmental Technology site proposed for disposal at the Waste Isolation Pilot Plant. 66 FR 18058 (4/5/01).

redbar.jpg (3517 bytes)  SMCRA PROGRAM APPROVAL:


 redbar.jpg (3517 bytes)  TOXIC SUBSTANCES:



  • EPA amended its rules to clarify that PCB waste in U.S. territories and possessions outside the customs territory of the United States may be moved to the customs territory of the United States for proper disposal. 66 FR 17467 (3/30/01).

  • EPA published the 47th Report of the TSCA Interagency Testing Committee to the Administrator of EPA. 66 FR 17767 (4/3/01).

  • EPA amended the requirements for reclassifying transformers, electromagnets, switches, and voltage regulators that contain PCBs from PCB status (500 parts per million (ppm)) to PCB-contaminated (50 but less than 500 ppm) or non-PCB (less than 50 ppm) status; or from PCB-contaminated to non-PCB status. 66 FR 17601 (4/2/01).

redbar.jpg (3517 bytes)  WATER QUALITY:



  • EPA proposed a Class II administrative penalty under CWA §311(b) of $222 against XO Communications, Inc., for failing to prepare spill prevention control and countermeasure plans for three facilities where it stored diesel oil in above ground tanks. 66 FR 18252 (4/6/01). 

  • EPA announced final agency action on 19 TMDLs prepared by EPA Region 6 for waters listed in Louisiana's Mermentau and Vermilion/Teche river basins under CWA §303(d) and announced the final agency action removing 54 waterbody/pollutant combinations from the Louisiana 303(d) list because TMDLs are not needed. 66 FR 18087 (4/5/01).

  • DOE's Western Area Power Administration announced that it will prepare a floodplain assessment in connection with its proposal to add new fiber optic communication capabilities to the existing Charlie Creek-Williston transmission line in west central North Dakota that will cross two major drainages in the area. 66 FR 17173 (3/29/01).

redbar.jpg (3517 bytes)  DOJ NOTICES OF SETTLEMENTS



  • U.S. v. Advanced Resin Systems, Inc., No. H-99-4357 (S.D. Tex. Mar. 1, 2001) (a settling CERCLA defendant must pay $100,000 in past U.S. response costs incurred at the Archem site in Houston, Tex.), 66 FR 17198 (3/29/01);

  • U.S. v. Allen's Transfer & Storage, Nos. ME Civ. 00-249-B-C, NH Civ. No. C.01-27-M (D. Me. Mar. 7, 2001) (under CERCLA §107, 130 potentially responsible parties (PRPs) must pay $2,821,261.75, and 5 federal PRPs must pay $257,383.67, in past U.S. and state response costs incurred at the Hows Corner Superfund site in Plymouth, Me.), 66 FR 17198 (3/29/01);

  • U.S. v. Lynn Water & Sewer Commission, No. 76-2184-RGS (D. Mass. Mar. 9, 2001) (a consent decree concerning a CWA defendant's combined sewer overflows from several of its outfalls in Massachusetts was modified), 66 FR 17199 (3/29/01);

  • U.S. v. Viktron, L.P., No. 00-C-1632 (N.D. Ill. Mar. 20, 2001) (a settling CWA defendant that violated general pretreatment standards, pretreatment standards for new sources, and the terms of its industrial user permit and an EPA administrative order at its metal finishing facility in West Chicago, Ill., must pay a $150,000 civil penalty and must pay up to an additional $50,000 in civil penalties depending on its sales over the next three years), 66 FR 17199 (3/29/01).

Copyright© 2001, Environmental Law Institute, Washington, D.C. All rights reserved. 

THE CONGRESS
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redbar.jpg (3517 bytes)  COMMITTEE ACTION



  • H.R. 182 (wild and scenic rivers) was reported by the House Committee on Resources. H. Rep. No. 36, 147 Cong. Rec. H1406 (daily ed. Apr. 3, 2001). The bill would amend the Wild and Scenic Rivers Act to designate a segment of the Eight Mile River in Connecticut for study for potential addition to the National Wild and Scenic Rivers System.

  • H.R. 581 (ESA; wildland fire management) was reported by the House Committee on Resources. H. Rep. No. 35, 147 Cong. Rec. H1406 (daily ed. Apr. 3, 2001). The bill would authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, and would reimburse the FWS and the National Marine Fisheries Service to facilitate the interagency cooperation required under the ESA in connection with wildland fire management.

  • H.R. 601 (Craters of the Moon National Monument) was reported by the House Committee on Resources. H. Rep. No. 34, 147 Cong. Rec. H1406 (daily ed. Apr. 3, 2001). The bill would ensure the continued access of hunters to those federal lands included within the boundaries of the Craters of the Moon National Monument in Idaho pursuant to Presidential Proclamation 7373 of November 9, 2000, and would continue the applicability of the Taylor Grazing Act to the disposition of grazing fees arising from the use of such lands.

  • H.R. 642 (Chesapeake Bay Office) was reported by the House Committee on Resources. H. Rep. No. 33, 147 Cong. Rec. H1406 (daily ed. Apr. 3, 2001). The bill would reauthorize the Chesapeake Bay Office of NOAA.

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redbar.jpg (3517 bytes) BILLS INTRODUCED



  • S. 665 (Kohl, R-Wis.) (oil production and export) would amend the Sherman Act to make oil-producing and exporting cartels illegal. 147 Cong. Rec. S3215 (daily ed. Mar. 30, 2001). The bill was referred to the Committee on the Judiciary.

  • S. 667 (Inhofe, R-Okla.) (land conveyance) would impose a condition on the conveyance, previously required, of certain federal real property on the Island of Vieques to Puerto Rico. 147 Cong. Rec. S3215 (daily ed. Mar. 30, 2001). The bill was referred to the Committee on Armed Services.

  • S. 670 (Daschle, D-S.D.) (CAA) would amend the CAA to eliminate methyl tertiary butyl ether from the United States fuel supply and to increase production and use of ethanol. 147 Cong. Rec. S3215 (daily ed. Mar. 30, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 675 (Enzi, R-Wyo.) (mineral and oil development) would ensure the orderly development of coal, coalbed methane, natural gas, and oil in "common areas'' of the Powder River Basin in Wyoming and Montana. 147 Cong. Rec. S3274 (daily ed. Apr. 2, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 678 (Bond, R-Mo.) (CWA; fisheries) would amend the CWA to establish a program for fisheries habitat protection, restoration, and enhancement. 147 Cong. Rec. S3340 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 679 (Cleland, D-Ga.) (Arabia Mountain National Heritage Area) would establish the Arabia Mountain National Heritage Area in Georgia. 147 Cong. Rec. S3340 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 681 (Crapo, R-Idaho) (federal lands) would help ensure general aviation aircraft access to federal land and to the airspace over that land. 147 Cong. Rec. S3340 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1363, was introduced in the House this period.

  • S. 688 (Schumer, D-N.Y.) (airport noise) would amend title 49, United States Code, relating to the airport noise and access review program. 147 Cong. Rec. S3435 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation. 

  • S. 689 (Schumer, D-N.Y.) (land conveyance) would convey certain federal properties on Governors Island, New York. 147 Cong. Rec. S3435 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1334, was introduced in the House this period.

  • S. 691 (Reid, D-Nev.) (land conveyance) would direct the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior in trust for the Washoe Indian Tribe of Nevada and California. 147 Cong. Rec. S3435 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 698 (Boxer, D-Cal.) (SDWA) would amend the SDWA by designating chromium-6 as a contaminant and would establish a maximum contaminant level for chromium-6. 146 Cong. Rec. S3436 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Environment and Public Works.

  • H.R. 1334 (Gilman, R-N.Y.) (land conveyance) would convey certain federal properties on Governors Island, New York. 147 Cong. Rec. H1407 (daily ed. Apr. 3, 2001). The bill was referred to the Committees on Resources, and Government Reform. A companion bill, S. 689, was introduced in the Senate this period.

  • H.R. 1335 (Allen, D-Me.) (CAA; multi-pollutant emissions) would reduce emissions of mercury, carbon dioxide, nitrogen oxides, and sulfur dioxide from fossil fuel-fired electric utility generating units operating in the United States. 147 Cong. Rec. H1407 (daily ed. Apr. 3, 2001). The bill was referred to the Committees on Energy and Commerce, Education and the Workforce, Financial Services, Transportation and Infrastructure, and Science.

  • H.R. 1363 (Otter, R-Idaho) (federal lands) would help ensure general aviation aircraft access to federal land and to the airspace over that land. 147 Cong. Rec. H1408 (daily ed. Apr. 3, 2001). The bill was referred to the Committees on Resources, Agriculture, and Transportation and Infrastructure. A companion, S. 681, was introduced in the Senate this period.

  • H.R. 1367 (Saxton, R-N.J.) (fisheries) would provide for the conservation and rebuilding of overfished stocks of Atlantic highly migratory species of fish. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1370 (Souder, R-Ind.) (National Wildlife Refuge System Administration Act) 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. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1378 (Traficant, D-Ohio) (water and waste disposal) would authorize grants for certain water and waste disposal facility projects in rural areas. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 1379 (Udall, D-Colo.) (Arapaho and Roosevelt National Forests) would provide for a study of options for protecting the open space characteristics of certain lands in and adjacent to the Arapaho and Roosevelt National Forests in Colorado. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1380 (Udall, D-Colo.) (Rocky Mountain National Park) would designate as wilderness certain lands within the Rocky Mountain National Park in Colorado. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1381 (Udall, D-Colo.) (conservation) would direct the Secretary of the Interior to establish the Cooperative Landscape Conservation Program. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1382 (Udall, D-Colo.) (public lands) would authorize increased fines for improper use of vehicles that results in damage to public lands or national forests. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committees on Resources, Agriculture, and the Judiciary.

  • H.R. 1384 (Udall, D-N.M.) (national trails) would amend the National Trails System Act to designate the Navajo Long Walk to Bosque Redondo as a national historic trail. 147 Cong. Rec. H1409 (daily ed. Apr. 3, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1402 (Thomas, R-Cal.) (ESA) would amend the ESA to reform the regulatory process under that Act. 147 Cong. Rec. H1482 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1403 (Thomas, R-Cal.) (federal lands; endangered species) would reform federal land management activities relating to endangered species conservation. 147 Cong. Rec. H1482 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1404 (Thomas, R-Cal.) (ESA) would amend the ESA to reform provisions relating to liability for civil and criminal penalties under that Act. 147 Cong. Rec. H1482 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1413 (Waxman, D-Cal.) (arsenic) would codify the rule establishing a maximum contaminant level for arsenic published in the Federal Register by EPA on January 22, 2001. 147 Cong. Rec. H1482 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 1431 (Bilirakis, R-Fla.) (EPA Ombudsman) would provide additional authority to the EPA Office of Ombudsman. 147 Cong. Rec. H1483 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1433 (Blumenauer, D-Or.) (land use) would authorize the Secretary of Housing and Urban Development to make grants to assist states, tribal governments, and Native Hawaiian organizations in their efforts to develop or update land use planning legislation in order to promote more environmentally compatible and effective urban development, improved quality of life, regionalism, sustainable economic development, and environmental stewardship. 147 Cong. Rec. H1484 (daily ed. Apr. 4, 2001). The bill was referred to the Committees on Financial Services, and Resources.

  • H.R. 1439 (Coyne, D-Pa.) (environmental remediation costs; taxes) would amend the Internal Revenue Code of 1986 to extend permanently environmental remediation costs. 147 Cong. Rec. H1484 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 1461 (Hefley, R-Colo.) (national parks) would amend the National Parks Omnibus Management Act of 1998 to remove the exemption for nonprofit organizations from the general requirement to obtain commercial use authorizations. 147 Cong. Rec. H1485 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1462 (Hefley, R-Colo.) (weed management) 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. 147 Cong. Rec. H1485 (daily ed. Apr. 4, 2001). The bill was referred to the Committees on Resources, and Agriculture. 

  • H.R. 1465 (Holt, D-N.J.) (national parks) would restrict the use of snowmobiles in units of the National Park System. 147 Cong. Rec. H1485 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1468 (Inslee, D-Wash.) (electric power) would establish the dysfunctional wholesale power market in the western United States. 147 Cong. Rec. H1485 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1474 (Jones, R-N.C.) (CWA) would amend the CWA relating to wetlands mitigation banking. 147 Cong. Rec. H1485 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 1486 (Lofgren, D-Cal.) (conservation; taxes) would amend the Internal Revenue Code of 1986 to encourage qualified conservation contributions by allowing an estate tax deduction for such contributions made by the heirs of the estate. 147 Cong. Rec. H1487 (daily ed. Apr. 4, 2001). The bill was referred to the Committee on Ways and Means.

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