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Weekly Update Volume 31, Issue 3

01/29/2001

LITIGATION

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

  CERCLA, SHAREHOLDER LIABILITY, VEIL-PIERCING:

The Sixth Circuit affirmed a district court decision holding the sole shareholder of a distributing company jointly liable with the company for 50 percent of plaintiff's response costs incurred at a polluted site near Columbus, Ohio. Each element of the three-prong test for piercing the corporate veil under Ohio law was present. The shareholder's control over the company was so complete that the company had no separate mind, will, or existence of its own, the plaintiff in the underlying case was harmed by the company's CERCLA violations, and the shareholder used his control over the company to cause it to violate the law. The court rejected the shareholder's argument that under Ohio law, mere control of a corporation, no matter how complete, is insufficient as a matter of law to trigger veil-piercing. Moreover, the imposition of personal liability does not run counter to the U.S. Supreme Court's holding in United States v. Bestfoods, 524 U.S. 51, 28 ELR 21225 (1998). Although the Court held that the mere control of a corporation was not enough to impose direct CERCLA liability on the shareholder in that case, it made clear that courts should continue to look to the common law to determine whether to hold a corporate shareholder personally liable for acts of the corporation in the CERCLA context. The fact that Ohio common law, in this case, allows veil piercing under roughly the same conditions that CERCLA imposes direct liability is a coincidental fact about Ohio law. The shareholder's argument would have had more force if federal common law governed the veil-piercing question. Carter-Jones Lumber Co. v. LTV Steel Co., No. 99-4241 (6th Cir. Jan. 23, 2001) (7 pp.).


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  CERCLA, CONTRIBUTION, CONTRACT INDEMNIFICATION:

A district court held that a paint manufacturer is entitled to contribution and declaratory relief under CERCLA from the former owner of a hazardous waste site south of Baltimore, Maryland. Because the manufacturer owns the site it is a PRP and, therefore, may not recover its response costs from the former owner. However, the manufacturer is entitled to contribution costs. The contribution claim is not barred by the statute of limitations. Regardless of whether the site's soil extraction that was completed in September 1988 is considered a removal or remedial action, it was either within the statute as part of a continuous removal action, or was the initiation of a removal action that occurred within three years of the completion of the removal activity in February 1988. Further, hazardous substances were disposed of and released during the former owner's ownership of the site, and the manufacturer incurred costs to clean up hazardous substances on the property. The manufacturer's response actions also substantially complied with the NCP. Additionally, because the former owner is liable to the manufacturer for contribution, the manufacturer is also entitled to a declaratory judgment for future response costs regardless of the speculative nature of those costs. The manufacturer, however, may not seek common law indemnification or common law contribution. Moreover, the manufacturer's negligence claim is barred by the statute of limitations. And while the manufacturer's claim for contract indemnification for any costs it incurred prior to September 1988 is time barred, the former owner is contractually obligated to pay the manufacturer for costs incurred after September 1988. Sherwin-Williams Co. v. ARTRA Group, Inc., No. CIV.A.S91-2744 (D. Md. Jan. 12, 2001) (Smalkin, J.) (18 pp.).


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  FOIA, DISCLOSURE, ROCKY FLATS:

The D.C. Circuit upheld a district court decision rejecting a former nuclear plant operator's request to release a series of intra- and inter-agency documents that were cited and referred to in an internal DOJ report defending its prosecution of the operator for environmental crimes allegedly committed at the Rocky Flats nuclear facility. The public version of the report, which was issued after a congressional subcommittee criticized the DOJ for its "extreme conservatism" in pursuing the Rocky Flats prosecution, excluded documents that were attached to the report sent to Congress. The operator sought to compel the DOJ's disclosure of the documents, arguing that the documents were incorporated by reference into the report. The report, however, does not qualify as a final opinion because it merely sets forth the conclusions of a voluntary internal agency investigation, not a conclusion about agency action in an adversarial dispute with another party. Incorporation, therefore, is irrelevant. Further, the DOJ did not waive its FOIA protection by sending the documents to Congress. The documents were not created specifically to assist Congress, but rather were created as part of the DOJ's deliberative process--precisely the kind of inter- and intra-agency memoranda protected by FOIA. Moreover, the DOJ gave the documents to Congress only after Congress expressly agreed not to make them public. Similarly, the DOJ did not waive protection for the documents under the attorney work-product privilege. None of the DOJ's actions were inconsistent with keeping the documents secret, nor did it make "testimonial use" of the attachments by relying on them to put to rest criticisms of the Rocky Flats prosecution. It did not use the documents in an adversary proceeding, but instead used them in a dispute with a co-equal branch of government and in the ensuing struggle for public opinion. Rockwell International Corp. v. U.S. Department of Justice, No. 99-5218 (D.C. Cir. Jan. 5, 2001) (11 pp.).


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  NEPA, MOOTNESS, MIXED OXIDE URANIUM (MOX):

A district court held that individuals' NEPA suit against DOE seeking to enjoin the agency from shipping nuclear material, MOX, from the United States and Russia to Canada is moot. The individuals claimed that DOE's EA and finding of no significant environmental impact for the MOX project was arbitrary, capricious, and an abuse of discretion. The MOX, however, has already been shipped to Canada. Thus, the case is moot because the court can no longer grant relief to stop the shipments and there exists no other form of meaningful relief. Although the individuals argued that what they ultimately seek is an improved EA, their complaint failed to allege any factual basis for the prospect of environmental damage after the shipments took place. Moreover, the court previously held that an injunction in this case would be beyond the court's equitable powers. Hirt v. Richardson, No. 1:99-CV-933 (W.D. Mich. Jan. 8, 2001) (Enslen, J.) (6 pp.).

  INSURANCE, DUTY TO DEFEND, EASEMENTS:

The California Supreme Court held that an insurer providing a liability policy that covers damage to tangible property on the insureds' premises has no duty to defend an easement dispute. The dispute arose after the insureds graded an access road on their property that allegedly interfered with their neighbors' implied easement and right-of-way over the insureds' property. After the parties settled, the insureds filed a bad faith action against their insurers for failing to indemnify and defend them in the underlying dispute. An easement, however, represents only a nonpossessory right to use another's property and is not tangible property. Thus, any damages the neighbors claimed were for economic loss due to the insureds' use of the easement. The insurance policies, therefore, which covered tangible property losses only, provided the insureds with no potential coverage and, thus, the insurer had no duty to defend. An appellate court, which held in favor of the insured, misconstrued the controlling case law. Allegations of physical damage to land burdened by an easement does not give rise to a duty to defend or indemnify for loss of use or obstruction of the easement. Rather, the complaint must allege damage to tangible property in order to trigger a duty to defend or indemnify the claimed loss. Kazi v. State Farm Fire & Casualty Co., No. S078962 (Cal. Jan. 18, 2001) (22 pp.).


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  FIFRA, PREEMPTION, FAILURE TO WARN:

The Montana Supreme Court held that FIFRA does not preempt individuals' failure to warn claims against property owners and two pesticide manufacturers even though the claims are based on or implicate the pesticide's labels. The claims, which were pleaded in negligence, strict liability, and breach of express warranty, were filed after the individuals suffered injuries from pesticide exposure in the workplace. The court previously held in McAlpine v. Rhone-Poulenc Ag. Co., 947 P.2d 474 (Mont. 1997), that state-law claims based on a failure to warn are preempted by FIFRA to the extent they expressly or implicitly challenge the adequacy of the warnings in a pesticide's labels. However, when the court decided McAlpine, it did not have the benefit of EPA's position on FIFRA preemption. Nor did it have the benefit of the U.S. Supreme Court's decision in Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), in which the Court held that the Medical Device Amendments of 1976 do not preempt state-law failure to warn claims regarding medical devices even though they are properly labeled under the Act. Thus, the court revisited its McAlpine decision and concluded that FIFRA's text demonstrates that Congress did not intend to extinguish damages remedies under state common law. FIFRA §136v(b) provides that a state may not impose any labeling or packaging "requirements" in addition to or different from those required under FIFRA, and Congress intended the term "requirements" to mean enactments of positive law by legislative or administrative bodies, not state-law damages actions. The court, therefore, vacated its McAlpine decision insofar as it holds that state-law claims based on a failure to warn are preempted by FIFRA and reversed a lower court decision holding that FIFRA preempted the individuals' failure to warn claims. Sleath v. West Mont Home Health Services, Inc., No. 99-185 (Mont. Dec. 28, 2000) (19 pp.).


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  GASOLINE CONTAMINATION, CLEANUP COSTS, NAVIGATION LAW:

A New York appellate court upheld the dismissal of a property owner's third-party complaint against an oil company for reimbursement of any cleanup costs the owner was required to pay to the state in connection with gasoline contamination at the property. The oil company's predecessor in interest sold gasoline to the former property owner and hired an independent dealer to deliver the gasoline to the property when it was used as a gas station over 20 years ago. The property owner alleged that the oil company was liable for contamination at the property as a discharger under New York Navigation Law §181. Pursuant to case law interpreting the Navigation Law, where a party contracts to deliver petroleum and thereby has responsibility for the manner and means of delivery, and the discharge occurs during the delivery, that party will not be insulated from liability as a discharger by arranging to have the delivery made by a third party. Here, however, the property owner failed to establish that the discharge at issue occurred during the delivery process of transferring the fuel to the station's USTs. Thus, the oil company's connection to the discharge was too attenuated to impose liability as a discharger. State v. Avery-Hall Corp., No. 87679 (N.Y. App. Div. Jan. 18, 2001) (4 pp.).

  RCRA, HAZARDOUS WASTE, CIVIL PENALTY:

The EPA Environmental Appeals Board (EAB) assessed an $89,150 civil penalty against the owner and operator of a hazardous waste storage facility for violating numerous RCRA and Pennsylvania hazardous waste management regulations. EPA's action against the operator was not precluded under the Eighth Circuit's decision in Harmon Industries, Inc. v. Browner, 191 F.3d 894, 29 ELR 21412 (8th Cir. 1999), because this case does not involve overfiling. In addition, the administrative law judge (ALJ) properly held the operator liable for improperly managing and storing hazardous wastes contained in certain drums at the facility. The contents of the drums were not raw material. Rather, because the contents were discarded and abandoned materials that exhibited hazardous characteristics, they were hazardous waste. The ALJ also properly held the operator liable as the owner of hazardous wastes contained in certain tanks. However, the operator was not a generator of those wastes, and, thus, could not be held liable for violating hazardous waste management regulations that applied to generators. Therefore, although the operator was able to pay the ALJ's civil penalty assessment of $103,400, the EAB reduced the civil penalty to $89,150. In re Bil-Dry Corp., RCRA (3008) Appeal No. 98-4 (EPA EAB Jan. 18, 2001) (62 pp.).


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

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


  AIR:



  • EPA amended the NESHAPs for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks, commonly known as the hazardous organic NESHAP or HON rule. 66 FR 6921 (1/22/01). 

  • EPA announced that it is requesting comments on a petition requesting that the Agency regulate emissions of carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons from new motor vehicles and engines under CAA §202(a)(1). 66 FR 7486 (1/23/01). 

  • EPA determined that California's amendments to the zero-emission vehicle (ZEV) requirements of the low-emission vehicle program, including the repeal of ZEV sales requirements from 1998 through 2002, are within the scope of previous waivers of federal preemption granted to the state under CAA §209(b) to adopt and enforce its revised emissions standards and accompanying enforcement procedures for 1988 and later model year vehicles and engines. 66 FR 7751 (1/25/01). 

  DRINKING WATER:



  • EPA established a health-based, non-enforceable maximum contaminant level goal for arsenic of zero and an enforceable maximum contaminant level for arsenic of 0.01 milligrams per liter. 66 FR 6975 (1/22/01). 

  HAZARDOUS AND SOLID WASTE:



  • EPA entered into a proposed administrative settlement under CERCLA §122(g) in connection with the Rocky Flats Industrial Park site in Jefferson County, Colo. 66 FR 7760 (1/25/01).

  • EPA granted an exemption to the land disposal restrictions under RCRA to E.I. du Pont de Nemours & Co., Inc., for 11 Class I injection wells located at Victoria, Tex. 66 FR 7489 (1/23/01). 

  OFFICE OF THE PRESIDENT:



  • President Clinton issued Executive Order 13195, Trails for America in the 21st Century, to better establish and operate America's national trails system. 66 FR 7391 (1/23/01). 

  • President Clinton issued Executive Order 13196, Final Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve, which makes permanent, with modifications, the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve that was established under Executive Order 13178. 66 FR 7395 (1/23/01).

  • President Clinton issued Proclamation 7392, which enlarges and modifies the boundary of the Buck Island Reef National Monument, located just north of St. Croix in the U.S. Virgin Islands. 66 FR 7333 (1/22/01).

  • President Clinton issued Proclamation 7393, which establishes the Carrizo Plain National Monument in California. 66 FR 7339 (1/22/01). 

  • President Clinton issued Proclamation 7394, which establishes the Kasha-Katuwe Tent Rocks National Monument in north central New Mexico. 66 FR 7343 (1/22/01).

  • President Clinton issued Proclamation 7396, which establishes the Pompeys Pillar National Monument in Montana. 66 FR 7351 (1/22/01). 

  • President Clinton issued Proclamation 7397, which establishes the Sonoran Desert National Monument. 66 FR 7354 (1/22/01). 

  • President Clinton issued Proclamation 7398, which establishes the Upper Missouri River Breaks National Monument. 66 FR 7359 (1/22/01). 

  • President Clinton issued Proclamation 7399, which establishes the Virgin Islands Coral Reef National Monument. 66 FR 7364 (1/22/01).

  • President Clinton issued Proclamation 7402, which establishes the Governors Island National Monument between the Hudson and Eastern Rivers in New York. 66 FR 7855 (1/25/01).

  TOXIC SUBSTANCES:



  • EPA proposed, under TSCA §407, to establish notification procedures for certified lead abatement professionals conducting lead-based paint activities, and accredited training programs providing lead-based paint activities course. 66 FR 7207 (1/22/01). 

  WATER QUALITY:



  • EPA published final regulations establishing technology-based effluent limitations guidelines and standards for the discharge of synthetic-based drilling fluids and other non-aqueous drilling fluids from oil and gas drilling operations in U.S. waters. 66 FR 6849 (1/22/01). 

  • EPA Region 6 proposed to reissue General NPDES Permit No. TXG330000 regulating discharges from oil and gas wells in the coastal subcategory of the oil and gas extraction point source category in Texas. 66 FR 6607 (1/22/01).

  • EPA entered into a settlement agreement, which will resolve a matter pending before the Department of Labor's Wage and Hour Division Administrator, that requires the Agency to prospectively apply the Davis-Bacon Act's prevailing wage rate requirements in the Clean Water State Revolving Fund program under the CWA in the same manner as they applied before October 1, 1994. 66 FR 7761 (1/25/01).

  WILDLIFE:



  • FWS decided not to repropose any of the amendments that would have altered general permitting regulations relating to Habitat Conservation Plans, Safe Harbor Agreements, and Candidate Conservation Agreement with Assurances permits. 66 FR 6483 (1/22/01).

  • FWS approved the establishment of the Kingman Reef National Wildlife Refuge in the central Pacific Ocean to protect the coral reef ecosystem for the benefit of the wildlife that live on the lands and in the waters of the refuge. 66 FR 7660 (1/24/01). 

  • FWS approved the establishment of the Palmyra Atoll National Wildlife Refuge. The Palmyra Atoll is a low-lying equatorial atoll in the Pacific Ocean that is a collection of islets, coral reefs, and waters that teem with wildlife. 66 FR 7660 (1/24/01).

  DOJ NOTICES OF SETTLEMENT:



  • U.S. v. American Scrap Co., No. 1:99-CV-2047 (M.D. Pa. Jan. 8, 2001) (a settling CERCLA defendant must pay $60,127.90 in past U.S. response costs incurred at the Jack's Creek/Sitkin Smelting Superfund site in Mifflin County, Pa.), 66 FR 6669 (1/22/01);

  • U.S. v. Hitchiner Manufacturing Co., No. 01-11-JD (D.N.H. Jan. 8, 2001) (a settling CWA defendant, in connection with violations at its Littleton, N.H., and Milford, N.H., facilities, must pay a $525,000 civil penalty, must perform injunctive relief, must comply with federal pretreatment standards, must monitor all process wastewater discharged to the local POTW, must submit monthly reports on sampling and analysis, and must implement the storm water pollution prevention plans developed for its facilities), 66 FR 6670 (1/22/01);

  • U.S. v. Katz, No. JFM 01-63 (D. Md. Jan. 5, 2001) (settling CERCLA defendants must pay $126,000 in past U.S. response costs incurred at the Cherry Pit Drum Superfund site in Arundel, Howard, and Charles County, Md.), 66 FR 6669 (1/22/01);

  • U.S. v. Lightman, No. 92-4710 (D.N.J. Jan. 8, 2001) (two settling CERCLA defedants must pay $550,000 in past and future EPA response costs incurred and to be incurred at the D'Imperio Property Superfund site in Hamilton Township, N.J., the Ewan Superfund site in Shamong Township, N.J., and the Duane Marine Superfund site in Perth Amboy, N.J.), 66 FR 6669 (1/22/01);

  • U.S. v. Rhode Island Technical Plating, Inc., No. 01-007L (D.R.I. Jan. 8, 2001) (a settling CAA and RCRA defendant, in connection with violations at its electroplating and metal finishing facility in Cranston, R.I., must perform a RCRA facility investigation and take appropriate steps to bring its facility into compliance with applicable law and must pay a $20,000 civil penalty), 66 FR 6670 (1/22/01);

  • U.S. v. TRW Vehicle Safety Systems, Inc., No. 01 0095 PHX VAM (D. Ariz. Jan. 18, 2001) (a settling RCRA defendant that violated the Act at its airbag manufacturing facility in Mesa, Ariz., must pay a $5.67 million civil penalty; must implement a supplemental environmental project estimated to cost $5.76 million;  must contribute to a cleanup fund for an off-site landfill, the Butterfield Station Landfill, in Mobile, Ariz.; must undertake measures related to future waste management at the facility; and must assess and clean up the Mesa facility), 66 FR 7508 (1/23/01).

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

THE CONGRESS
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  BILLS INTRODUCED



  • S. 26 (Feinstein, D-Cal.) (electricity rates) would amend the DOE Authorization Act to authorize the Secretary of Energy to impose interim limitations on the cost of electric energy to protect consumers from unjust and unreasonable prices in the electric energy market. 147 CONG. REC. S98 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 49 (Stevens, R-Alaska) (CWA; wetlands) would amend the wetlands regulatory program under the CWA to provide credit for the low wetlands loss rate in Alaska and recognize the significant extent of wetlands conservation in Alaska, to protect Alaskan property owners, and to ease the burden on overly regulated Alaskan cities, boroughs, municipalities, and villages. 147 CONG. REC. S98 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 60 (Byrd, D- W. Va.) (coal; air emissions) would authorize DOE programs to develop and implement an accelerated research and development program for advanced clean coal technologies for use in coal-based electricity generating facilities and to amend the Internal Revenue Code of 1986 to provide financial incentives to encourage the retrofitting, repowering, or replacement of coal-based electricity generating facilities to protect the environment and improve efficiency and encourage the early commercial application of advanced clean coal technologies. 147 CONG. REC. S99 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Finance.

  • S. 71 (Craig, R-Idaho) (hydroelectric power) would amend the Federal Power Act to improve the hydroelectric licensing process by granting FERC the statutory authority to better coordinate participation by other agencies and entities. 147 CONG. REC. S99 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 72 (Bingaman, D-N.M.) (energy conservation) would amend the National Energy Conservation Policy Act to enhance and extend authority relating to energy savings performance contracts of the federal government. 147 CONG. REC. S99 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 80 (Boxer, D-Cal.) (electricity rates) would require FERC to order refunds of unjust, unreasonable, unduly discriminatory or preferential rates or charges for electricity. 147 CONG. REC. S99 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources. The bill would also establish cost-based rates for electricity sold at wholesale in the Western Systems Coordinating Council.

  • S. 95 (Kohl, D-Wis.) (energy conservation) would promote energy conservation investments in federal facilities. 147 CONG. REC. S99 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 116 (Feingold, D-Wis.) (agriculture) would amend the Reclamation Reform Act of 1982 to clarify the acreage limitations and incorporate a means test for certain farm operations. 147 CONG. REC. S100 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 130 (Johnson, D-S.D.) (agriculture; conservation) would amend the Agricultural Market Transition Act to establish a flexible fallow program under which a producer may idle a portion of the total planted acreage of the loan commodities of the producer in exchange for higher loan rates for marketing assistance loans on the remaining acreage of the producer. 147 CONG. REC. S100 (daily ed. Jan. 22, 2001). The bill was referred to Committee on Agriculture, Nutrition, and Forestry.

  • S. 137 (Gramm, R-Tex.) (free trade) would authorize negotiation of free trade agreements with countries of the Americas. 146 CONG. REC. S100 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Finance.


  • S. 138 (Gramm, R-Tex.) (North American Free Trade Agreement (NAFTA)) would authorize negotiation for the accession of Chile to NAFTA. 147 Cong. Rec. S100 (daily ed. Jan. 22, 2001). 147 CONG. REC. S100 (daily ed. Jan. 21, 2001). The bill was referred to the Committee on Finance.

  • S. 140 (Gramm, R-Tex.) (NAFTA) would authorize negotiation for the accession of United Kingdom to NAFTA. 147 CONG. REC. S100 (Jan. 22, 2001). The bill was referred to the Committee on Finance.

  • S. 141 (McCain, R-Ariz.) (pipeline safety) would provide for enhanced safety, public awareness, and environmental protection in pipeline transportation. 147 CONG. REC. S100 (daily ed. Jan. 22, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 159 (Boxer, D-Cal.) (EPA) would elevate EPA to a cabinet level department and would redesignate EPA as the Department of Environmental Protection Affairs. 147 CONG. REC. S.456 (Jan. 23, 2001). The bill was referred to the Committee on Governmental Affairs.

  • H.R. 238 (Hunter, R-Cal.) (electricity rates) would amend the Department of Energy Authorization Act to authorize the Secretary of Energy to impose interim limitations on the cost of electric energy to protect consumers from unjust and unreasonable prices in the electric energy market. 147 CONG. REC. H76 (daily ed. Jan. 20, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 240 (Riley, R-Ala.) (Native American lands) would ensure that certain property that was taken into trust by the United States for the benefit of the Poarch Band of Creek Indians of Alabama shall be protected and shall not be used for gaming. 147 CONG. REC. H76 (daily ed. Jan. 20, 2001). The bill was referred to the Committee on Resources.

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

IN THE STATES

ALABAMA


Dept. of Envtl. Management


ADEM Pollution Prevention Award



Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


ALASKA


Dept. of Envtl. Conservation


Guidance on Calculating Cumulative Risk


ARIZONA


Dept. of Envtl. Quality


Final Regulations-Drinking Water



"Brown Cloud Summit" Recommendations



Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



Arizona Emissions Bank


ARKANSAS


Dept. of Environmental Quality


Emergency Order-Open Burning



10-Year Strategic Plan




CALIFORNIA


Air Resources Board


15-Day Regulatory Notice: 



Clean Air Plan: Strategies for a Healthy Future



Fuels Workshop



Air Quality Data on CD-ROM



Final Carl Moyer Guideline Standards



Dept. of Toxic Substances Control


Proposed Regulations



Integrated Waste Management Board


Draft Regulations-Compostable Organic Materials



Water Resources Control Board


Board Meeting Agenda



Proposed Regulations



  • Proposed Regulations to implement amendments to Chapter 6.7 of the Health and Safety Code enacted through Senate Bill 989. Will be considered at Jan. 31 Board meeting. See http://www.swrcb.ca.gov/news/index.html 

Draft Revised Water Quality Enforcement Policy



Sanitary Sewer and Treatment Facility Survey



South Coast Air Quality Management District


Final Regulations-Paint Spray Booths



Proposed Regulations-New Source Review/RECLAIM



Proposed Regulations-School Buses


COLORADO


Dept. of Public Health and Environment


Hazardous Waste Training Workshop



Air Quality Control Commission


Proposed Regulations



Water Quality Control Commission


Proposed Regulations



Water and Wastewater Facility Operators Certification Board 


Website Operational


CONNECTICUT


Dept. of Envtl. Protection


Coastal Zone Management Program Assessment



Final Regulations




DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices



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FLORIDA


South Florida Water Management District


Proposed Regulations-Everglades Phosphorus Load



  • Proposed regulations will implement the Everglades Forever Act by mandating a 25% reduction in the total phosphorus load discharged from the Everglades Agricultural Area. See http://www.sfwmd.gov.rules

GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Air Permit Applications


HAWAII


Office of Envtl. Quality Control


Environmental Impact Notices



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IDAHO


Dept. of Envtl. Quality


Outstanding Resource Waters-Petitions




ILLINOIS


Pollution Control Board


Final Regulations-Board Procedural Rules



Informational Order-Peaker Power Plant Inquiry



Open Regulatory Dockets



Envtl. Protection Agency


Permit Application




  • Texaco Refining and Marketing, Inc., for a RCRA Subtitle C closure permit. Public hearing Feb. 15,  2001; written comments due March 19, 2001. See http://www.epa.state.il.us


Strategic Planning Process


INDIANA


Dept. of Envtl. Management


Final Regulations-Air Quality



  • Amends 326 IAC 15-1-2 concerning source-specific provisions for the control of lead emissions. Amends 326 IAC 15-1-3 concerning control of fugitive lead dust. Adds 326 IAC 20-13 concerning national emissions standards for hazardous air pollutants for secondary lead smelters.

  • Amends 326 IAC 20-2-1 concerning accidental releases to incorporate by reference the June 20, 1996, final federal rule for chemical accidental release prevention requirements at 40 CFR 68, Subparts A through H, 64 Fed. Reg. 964, and 64 Fed. Reg. 28696.

Final Regulations-Water Quality



  • Adds 327 IAC 5-22 concerning the classification of wastewater treatment plants and the examination and certification of operators.

  • Amends 327 IAC 8-12 concerning the classification of water and wastewater treatment plants and distribution systems and the examination and certification of operators.

Proposed Regulations-Air Quality



  • Amends 326 IAC 8-12 concerning shipbuilding and ship repair. Adds 326 IAC 20-26 to incorporate by reference federal standards for shipbuilding and ship repair.

  • Amends 326 IAC 20-23-1 concerning off-site waste and recovery operations. Adds 326 IAC 20-33 concerning pulp and paper production (noncombustion). Adds 326 IAC 20-34 concerning phosphoric acid manufacturing and phosphate fertilizers production. Adds 326 IAC 20-35 concerning tanks level 1. Adds 326 IAC 20-36 concerning containers. Adds 326 IAC 20-37 concerning surface impoundments. Adds 326 IAC 20-38 concerning individual drain systems. Adds 326 IAC 20-39 concerning closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process. Adds 326 IAC 20-40 concerning equipment leaks control level 1. Adds 326 IAC 20-41 concerning equipment leaks control level 2. Adds 326 IAC 20-42 concerning oil-water separators and organic-water separators. Adds 326 IAC 20-43 concerning storage vessels (tanks) control level 2. Adds 326 IAC 20-44 concerning generic maximum achievable control technology standards. Adds 326 IAC 20-45 concerning pesticide active ingredient. Adds 326 IAC 20-46 concerning mineral wool production. Adds 326 IAC 20-47 concerning wool fiberglass manufacturing.

Proposed Regulations-Water Quality



  • Amends 327 IAC 8-2 concerning amendments to 327 IAC 8-2 concerning lead and copper. On January 12, 2000, U.S. EPA published national primary drinking water regulations for lead and copper. These regulations make changes to the lead and copper rule as published June 7, 1991. These minor revisions are being made to improve implementation of the rule. The intended effect of the rule is to eliminate unnecessary requirements, streamline and reduce reporting burden, and promote consistent national implementation of the federal rule. Indiana is required to adopt these revisions in order to maintain primacy (primary enforcement authority) for the lead and copper rule.

Proposed Regulations-Solid Waste



  • 329 IAC 7, regarding the Indiana Scoring Model and the assessment of hazardous substance response sites. This rule will reconsider the maximum score to allow sites to be deleted from the Commissioner's Bulletin. This rule will also consider appropriate criteria or designation for the deletion of sites from the Commissioner's Bulletin as an alternative to using the maximum score for deleting a site.

The above notices may be viewed at http://www.ai.org/legislative/register/January-1-2001.html


Indiana Environment Online


IOWA


Dept. of Natural Resources


Final Regulations-Water Quality




KENTUCKY


Dept. for Envtl. Protection, Division for Air Quality


Proposed Regulations



Dept. for Envtl. Protection, Division of Forestry


Proposed Regulations




  • Proposed 402 KAR 3:030, Kentucky Agriculture Water Quality Plan Document. The subject matter of this administrative regulation is the incorporation by reference of Best Management Practices, Section 1,
    Silviculture, contained in "The Kentucky Agriculture Water Quality Plan," as amended on January 1, 2001.
    Public hearing will Feb. 27, if requested by Feb. 17. See http://162.114.4.13/kar/notofint.htm


Dept. for Envtl. Protection, Division of Water


Public Hearing Notices



Permit Applications



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LOUISIANA


Dept. of Envtl. Quality


Final Regulations-Hazardous Waste



Final Regulations-Water Quality



Proposed Regulations–Hazardous Waste



Proposed Regulations-Voluntary Remediation




  • Proposal will implement the Voluntary Investigation and Remedial Action statute, Act 1092 of the 1995 Regular Session of the Louisiana Legislature. Public hearing was Jan. 25, 2001; written comments due Feb. 1, 2001. See http://www.deq.state.la.us/planning/regs/addition/2000/


Proposed Regulations-Underground Storage Tanks



Proposed Regulations-Air Quality




  • Proposed revisions to contingency standards for VOC emission reductions. Comments were due Jan. 8. 



  • Proposed revisions to major source definition for ozone control. Comments were due Jan. 8. 


See http://www.deq.state.la.us/planning/regs/addition/2000, http://www.deq.state.la.us/planning/regs/addition/2000/0011pot1.pdf, http://www.deq.state.la.us/planning/regs/addition/2000/0011pot2.pdf, and http://www.deq.state.la.us/planning/regs/addition/2000/0011pot3.pdf


Final Regulations-Stormwater



Draft TMDLs



Permit Applications



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MAINE


Dept. of Envtl. Protection


Final Regulations-Oil Terminals/Pipelines



Final Regulations-Air Quality




MARYLAND


Dept. of the Environment


Potomac River Intake Pipe



Oil Spill Prevention Advisory Committee-Final Report



Lead Poisoning Commission-Final Report



General Permit-Poultry Manure Management



Air Quality-Diesel Trucks



Public Meetings/Hearings



Water Quality Standard-Triennial Review



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MASSACHUSETTS


Dept. of Envtl. Protection


Certified Laboratories



MCP GW-2 groundwater standards (310 CMR 40.0974(2))



Final Regulations-Drinking Water



Fiscal Year 2001 Recycling Industries Reimbursement Credit Grant Application



Solid Waste "Master Plan"



Enforcement Actions



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  MICHIGAN


Dept. of Envtl. Quality


Great Lakes Charter



Final Regulations-Air Quality



Final Report-Solid Waste Importation



  • Report of task force calls for congressional action, in light of Commerce Clause restrictions on state-imposed bans and import limitations. See http://www.deq.state.mi.us/wmd

Permitting Calendar



Permit Applications-Air Quality



 Air Quality Division Newsletter



Surface Water Quality Division Bulletin



Surface Water Quality Division-Draft Regulations


MINNESOTA


Pollution Control Agency


Draft 2001 Nonpoint Source Management Program Plan 



Report to Legislature: "Air Quality in Minnesota: Problems and Approaches"



Proposed General Permit-Livestock Facilities



Recommended Product Bans



Permit Applications, Other Notices



Penalty Assessment


  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Air Quality




  • Proposed revision will add U.S. EPA reference method for sulfuric acid mist. Comments due Feb. 13, 2001; public hearing Feb. 6. 



  • Proposed revisions to definitions in medical/hospital/infectious waste combustor emission standards. Comments due Feb. 13, 2001; public hearing Feb. 6. See http://mosl.sos.state.mo.us/moreg/2000/v25n22/v25n22.htm



  • Proposed amendments to petroleum liquid storage, loading and transfer standards for the Kansas City Metropolitan Area (10 CSR 10-2.260), to ensure consistency with 10 CSR 10-5.220. Public hearing Feb. 6; written comments due Feb. 13. See http://mosl.sos.state.mo.us/moreg/2001/v26n1/v26n1b.pdf


Proposed TMDLs



Water Pollution Control-Permit Applications




MONTANA


Dept. of Envtl. Quality


303 List-Impaired/Threatened Waterbodies



Draft TMDLs



State Implementation Plan



Stormwater General Permit



Public Comment Notices



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NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-Water Quality



Proposed Regulations-General




NEVADA


Division of Envtl. Protection


1988-1998 Air Quality Trends Report



Proposed Regulations



Proposed Amendments to Nevada Recycling Regulations



Final Guidance Documents



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NEW HAMPSHIRE


Dept. of Envtl. Services


Proposed Regulations-Air Quality



Proposed Regulations-Water Quality




NEW JERSEY


Dept. of Envtl. Protection


Draft Surface Water Quality Standards



Draft Watershed Management Rules



Current DEP Bulletin (Permit Applications; Proposed Regulations)



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NEW MEXICO


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal




NEW YORK


Dept. of Envtl. Conservation


Proposed State Budget



  • The budget submitted by Gov. Pataki would, among other things, allow for refinancing of the State's Superfund program. See http://www.state.ny.us/dob

Final Regulations-Air Quality



  • California low emission vehicle standards were promulgated. The revisions to Parts 218 and 200.9, NYCRR 6, are available at http://www.dec.state.ny.us

ALJ Rulings



Environmental Notice Bulletin (Permit Applications)



Permit Applications


  NORTH CAROLINA


Environmental Management Commission


Final Regulations-Coastal Management



Dept. of Envt. and Natural Resources


Onestop Permitting Online Center



Division of Air Quality Penalty Assessments



Division of Air Quality Draft Regulations



DENR Enforcement Data



Water Quality-Basinwide Assessment Reports


OHIO


Envtl. Protection Agency


Clean Ohio Fund Proposal 



Sewage Sludge Distribution Application



  • Permit to install and plan approval received from the Middlesex County Utilities Authority (MCUA) of Sayreville, New Jersey, to distribute de-watered sewage sludge in all counties in the state of Ohio. The application would allow the distribution of a maximum of 10,000 dry tons per year of sewage sludge. See http://www.epa.state.oh.us/pic/nr/2001/january/mcua.html

Proposed Consent Order



Penalty Assessments



Proposed Cleveland Hopkins Airport Runway Expansion



Water Resource Inventory Reports



OPEA Actions, Notices by County



Public Meetings



Pending Air Permits


OKLAHOMA


Dept. of Envtl. Quality


Draft Source Water Assessment and Protection Program Document


OREGON


Dept. of Envtl. Quality


Final Regulations-Air Quality



Final Regulations-Pollution Control Facility Tax Credit



Southern Willamette Valley Groundwater Study



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


PENNSYLVANIA


Dept. of Envtl. Protection


Clean Water Revolving Fund-2001 Project List



Clean Water State Revolving Fund Projects; Public Meeting on Federal FY 2001 Intended Use Plan



Existing Use Classifications of Streams



Final General NPDES Permit-CAFO Operations



Final Regulations-Air



NPDES Permit Applications



Environmental Hearing Board


Final Regulations


RHODE ISLAND


Dept. of Envtl. Management


Water Quality



Temporary Regulation-Septic Systems


SOUTH CAROLINA


Dept. of Health and Envtl. Control


Proposed Regulations-Air Quality



  • 61-62.96, Nitrogen Oxides (NOx) Budget Trading Program, 61-62.99, Nitrogen Oxides (NOx) Budget Program Requirements for Stationary Sources Not in the Trading Program and the South Carolina SIP (NOx SIP Call). See http://www.scdhec.net/eqc/

Permit Application Notices


  TENNESSEE


Dept. of Environment and Conservation


Permit Hearings



Proposed Regulations-Water Quality



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook



Pending NPDES Permit Applications


  TEXAS


Natural Resource Conservation Commission


TNRCC Legislative Reports



Final Regulations-Air Quality/Houston/Galveston Area



Permit Hearings



Draft Report to Legislature-Grandfathered Air Sources



Public Hearings/Proposed Rules



Sunset Advisory Commission


  UTAH


Dept. of Envtl. Quality


Proposed Regulations-Drinking Water



Draft Regulations-Water Quality



Permit Applications


VERMONT


Dept. of Envtl. Conservation


Permit Applications


VIRGINIA


Dept. of Envtl. Quality


Online Permit Application



Advisory Committee Meeting-Hazardous Waste Regulations



Proposed Regulations-Solid Waste Management



Proposed Regulations-Air Quality



Proposed Regulations-Water Quality



Public Meeting, Hearing Notices



Sustainable Future II Conference


  WASHINGTON


Dept. of Ecology


Adopted Regulations



Proposed Regulations


WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


WISCONSIN


Dept. of Natural Resources


Proposed Fox River Settlement



  • With Fort James Corp. (now Georgia-Pacific Corp.) for approximately $55 worth of restoration, land purchase, and recreation projects in the Green Bay area PCB discharges into the Fox River. Comments due Feb. 21, 2001. See http://www.dnr.state.wi.us/org/caer/ce/news/on/index.htm

Public Hearing and Meeting Schedule


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

INTERNATIONAL
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GENERAL



  • The annual World Economic Forum began in Davos, Switzerland, with heavy security and a parallel NGO summit, "Public Eye on Davos," which will concentrate on human rights and environmental sustainability issues.  

  • The captain and the crew of the oil tanker that ran aground near the Galapagos Islands were arrested by authorities in Ecuador. See http://news.bbc.co.uk/hi/english/world/americas/newsid_1135000/1135411.stm  They could face up to five years in prison if convicted of negligence or crimes against the environment. The tanker ran aground on a reef off San Cristobal Island. The tanker's captain has admitted responsibility. About 600 tons of oil leaked from the tanker, causing a 463-square-mile slick. Fernando Espinoza, of the Charles Darwin Foundation, said "(n)ear the [tanker], all the invertebrates are dead. Sea urchins and fish are washing up on the beach. Beyond that, it is different. We need another two weeks to monitor the situation." 

  • Ecuador's Environment Minister, Rodolfo Rendon, said Ecuador is contemplating legislation to require special permission and insurance for all vessels entering the Galapagos with more than 10 gallons of fuel
    on board. 

  • UNEP personnel have arrived in Sarajevo to conduct testing to ascertain levels of depleted uranium remaining from NATO air strikes in 1994-95. The World Health Organization may be requested to monitor the health of civilians in Bosnia. See http://news.bbc.co.uk/hi/english/world/europe/newsid_1135000/1135846.stm 

  • The Council of Europe insisted on a complete ban on the production, use, testing, and sale of depleted uranium-containing weapons and on weapons containing plutonium. Greece and Canada are among the countries voicing concerns. But Germany, which previously raised a diplomatic flag with the United States, and Sweden, which has assumed the lead role in the EU, have backed down a bit. Germany had claimed that the U.S. neglected or refused to warn European allies about possible plutonium contamination from munitions. German Foreign Minister Joschka Fischer now says that the U.S. failure is "not the point." Swedish Foreign Minister Anna Lindh, who has assumed the six-month EU presidency for Sweden, likewise downplayed the issue, saying it is primarily one for NATO to address. The Council's assembly also requested that its ministers seek the establishment, by NATO and the United Nations, of a medical testing program for civilians, military personnel, and others who may have been exposed in the Balkans. See http://www.dawn.com/2001/01/25/int5.htm and http://www.asahi.com/english/asahi/0122/asahi012212.html

  • The global rate of net forest loss has dropped 20% from the rate reported in 1995, the U.N. Food and Agricultural Organization noted. Overall forest loss decreased to 9 million hectares per year. Deforestation levels remain high in Africa and Latin America, but in Asia the loss of natural forests is roughly offset by new plantation forests. In Europe and North America, forested areas are growing in size. See http://www.fao.org/forestry/fo/news/fonews/fra2000/fra2000-e.stm

  • Aventis SA announced it had reached agreement with attorneys general in 17 U.S. states to pay farmers as much as 25 cents a bushel to offset losses due to their use of the unapproved "StarLink" genetically modified corn. See http://www.StarLinkCorn.com

CLIMATE CHANGE



  •  The Bush Administration asked that climate change talks on Kyoto Protocol implementation, currently set to resume in May, be delayed until July. The U.S. Department of State said that the additional time was necessary for the Administration to come up to speed on Kyoto-related issues. See http://www.news.ninemsn.com.au/world/story_7735.asp

  • "Volume I, Climate Change 2001: The Scientific Basis," a comprehensive report, was issued by the U.N. Intergovermental Panel on Climate Change. The Report notes an increase in the global average surface air temperature since the mid-19th century, a rise in temperatures in the last 40 years in the lowest kilometers of the atmosphere; a decrease in snow and ice cover, a rise in global average sea level and an increase in ocean heat content, but no apparent change in the intensity and frequency of tropical storms. Most significantly, the Report observes that global temperatures could rise by up to 10.5 degrees Fahrenheit during the next century, a greater increase than previously predicted. See http://www.unep.org/Documents/Default.asp?DocumentID=189&ArticleID=2747

EUROPE



  • A cyanide spill from a factory in Romania poisoned thousands of fish and led to the hospitalization of 72 people. An unknown amount of cyanide spilled into the Siret River  while cyanide tanks were being dismantled for recycling. Shortly after the incident, cyanide concentrations measured 128 times the accepted levels in the Siret and in one of its tributaries, but have subsequently fallen by more than half.

SOUTH/CENTRAL AMERICA



  • Brazil attacked a study, which appeared in the journal Science, that claims that a quarter or more of Amazon rainforest will be lost by 2020 because of development. Brazil's Science and Technology Ministry said that the rainforest cannot be an "untouchable sanctuary," and argued that the study was flawed.