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Weekly Update Volume 34, Issue 26

09/20/2004

LITIGATION

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

CAA, OZONE, SIP:

The Fifth Circuit granted an environmental group's petition for review of a revised SIP for the Baton Rouge, Louisiana, ozone nonattainment area in which EPA approved reductions outside the Baton Rouge area as a substitute contingency measure. EPA's approval of the contingency measure was a reasonable interpretation of the CAA because reductions were continuing in nature. And the group waived its argument that emissions reductions already undertaken by law cannot be a future contingency measure because it failed to raise this argument during the approval process. Nevertheless, EPA erroneously approved the contingency measure without demonstrating that the reductions will have positive effects in the Baton Rouge nonattainment area. Because the record fails to support the Agency's decision, this issue was remanded to EPA for additional investigation or explanation. In addition, the court denied review of an attainment demonstration SIP, which was revised after this court's decision inSierra Club v. Environmental Protection Agency, 314 F.3d 735 (5th Cir. 2002), and the state's inter-precursor trading provision, which was based on EPA's finding that an approvable attainment demonstration existed for the Baton Rouge area, holding both issues as moot.Louisiana Environmental Action Network v. United States Environmental Protection Agency, No. 02-60991, 34 ELR 20095 (5th Cir. Sept. 8, 2004) (19 pp.).

NEPA, NATIONAL FOREST MANAGEMENT ACT (NFMA), RES JUDICATA:

The Ninth Circuit affirmed a lower court's dismissal of an environmental group's challenge to the validity of U.S. Forest Service timber sales under NEPA and the NFMA on res judicata grounds. The current complaint alleges the same causes of action stemming from the same nucleus of facts; thus, there exists an identity of claims. In addition, the earlier cases were dismissed with prejudice, constituting a final judgment on the merits. And although the parties are different, the prior and current litigants are in privity since the interests and relief sought are identical.Headwaters, Inc. v. U.S. Forest Service, No. 01-35898, 34 ELR 20094 (9th Cir. Sept. 8, 2004) (34 pp.).

NATIVE AMERICANS, LAND PURCHASE:

The Second Circuit affirmed a lower court decision that New York's purchase of the Niagara River islands from the Seneca Nation of Indians in 1815 did not violate the Non-Intercourse Act, which bars conveyances by Indians to non-Indians unless ratified by Congress. Although the transaction was not approved by Congress, it did not violate the Non-Intercourse Act because New York already had title to the islands when it ostensibly purchased them from the Senecas. Prior to 1815, the Senecas' aboriginal title was extinguished by one of two treaties. The 1764 Treaties of Peace between Great Britain and the Senecas transferred title to the islands from the Senecas to Britain, which passed to New York after the American Revolutionary War. In the alternative, the 1784 Treaty of Fort Stanwix extinguished the Senecas' title and passed it to New York. And the 1794 Treaty of Canandaigua between the United States and the Senecas did not transfer the islands back to the Senecas; thus, New York's title remained undisturbed by that treaty.Seneca Nation of Indians v. New York, Nos. 02-6185(L) et al., 34 ELR 20096 (2d Cir. Sept. 9, 2004) (43 pp.).

Copyright© 2004, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register (FR).

AIR:

  • EPA required all major sources, i.e. industrial, commercial, and institutional boilers and process heaters, to meet hazardous air pollutants emissions standards to reflect their use of maximum achievable control technology.69 FR 55286(9/13/04).
  • EPA approved the Maryland Department of the Environment's request for authority to implement and enforce state permit terms and conditions in place of NESHAPs for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills at Luke Mill in Luke, Maryland.69 FR 55759(9/16/04).

DRINKING WATER:

  • EPA approved revisions to Colorado's public water system supervision primacy program.69 FR 56067(9/17/04).

HAZARDOUS AND SOLID WASTES:

  • EPA entered into a proposed administrative order on consent under CERCLA concerning the 38th Street Radiation Removal site in San Diego, California; the respondent, California Department of Transportation, must reimburse $84,301.52 of EPA's past response costs.69 FR 55817(9/16/04).

WATER QUALITY:

  • EPA proposed to modify the NPDES general permit for stormwater discharges from construction activities to clarify that permit noncompliance only applies to sites with permit coverage.69 FR 55818(9/16/04).
  • EPA explored the applicability and design of a proposed process where stakeholders would provide ideas and recommendations for detection and quantitative limits and uses of these limits in CWA programs.69 FR 55547(9/15/04).

WILDLIFE:

  • FWS announced a reopening of the comment period for public review of the draft recovery plan for the Pecos sunflower (Helianthus paradoxus), which includes recovery criteria and measures for the conservation of Pecos sunflower.69 FR 55447(9/14/04).
  • NMFS implemented provisions of the International Dolphin Conservation Program Act, which makes technical changes and clarifications to an interim final rule that allows the entry of yellowfin tuna into the United States under certain conditions from nations fully complying with the International Dolphin Conservation Program, establishes a standard for the use of dolphin-safe labels for tuna products, and establishes a tuna-tracking and verification program to ensure that the dolphin-safe status of tuna domestically produced and imported into the United States is documented.69 FR 55309(9/13/04).

Copyright© 2004, Environmental Law Institute, Washington, D.C. All rights reserved. 

THE CONGRESS

CHAMBER ACTION:

  • S. 155 (Wyoming Land Conveyance), which would convey to the town of Frannie, Wyoming, certain land withdrawn by the Commissioner of Reclamation, was passed by the Senate. 150 Cong. Rec. S9344 (daily ed. Sept. 15, 2004).
  • S. 180 (National Aviation Heritage Area Act), which would establish the National Aviation Heritage Area, was passed by the Senate. 150 Cong. Rec. S9332 (daily ed. Sept. 15, 2004).
  • S. 203 (Big Horn Bentonite Act), which would provide for the sale of bentonite in Big Horn County, Wyoming, was passed by the Senate. 150 Cong. Rec. S9348 (daily ed. Sept. 15, 2004).
  • S. 211 (Northern Rio Grande National Heritage Area Act), which would establish the Northern Rio Grande National Heritage Area in the state of New Mexico, was passed by the Senate. 150 Cong. Rec. S9335 (daily ed. Sept. 15, 2004).
  • S. 323 (Atchafalaya National Heritage Area Act), which would establish the Atchafalaya National Heritage Area, Louisiana, was passed by the Senate. 150 Cong. Rec. S9336 (daily ed. Sept. 15, 2004).
  • S. 931 (Federal Land Recreational Visitor Protection Act), which would direct the Secretary of Agriculture to undertake a program to reduce the risks from and mitigate the effects of avalanches on recreational users of public land, was passed by the Senate. 150 Cong. Rec. S9349 (daily ed. Sept. 15, 2004).
  • S. 1071 (New Mexico Water Conservation Project), which would authorize the Secretary of the Interior, through the Bureau of Reclamation, to conduct a feasibility study on a water conservation project within the Arch Hurley Conservancy District in the state of New Mexico, was passed by the Senate. 150 Cong. Rec. S9326 (daily ed. Sept. 15, 2004).
  • S. 1241 (Kate Mullany National Historic Act), which would establish the Kate Mullany National Historic Site in the state of New York, was passed by the Senate. 150 Cong. Rec. S9338 (daily ed. Sept. 15, 2004).
  • S. 1307 (Fish Passage and Screening Facilities), which would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-federal water projects, was passed by the Senate. 150 Cong. Rec. S9323 (daily ed. Sept. 15, 1004).
  • S. 1355 (Wallowa Lake Dam Rehabilitation and Water Management Act), which would authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon, was passed by the Senate. 150 Cong. Rec. S9325 (daily ed. Sept. 15, 2004).
  • S.1421 (Alaska Native Allotment Subdivision Act), which would authorize the subdivision and dedication of restricted land owned by Alaska Natives, was passed by the Senate. 150 Cong. Rec. S9326 (daily ed. Sept. 15, 2004).
  • S. 1467 (Rio Grande Outstanding Natural Area Act), which would establish the Rio Grande Natural Area in the state of Colorado, was passed by the Senate. 150 Cong. Rec. S9344 (daily ed. Sept. 15, 2004).
  • S. 1521 (Edward H. McDaniel American Legion Post No. 22 Land Conveyance Act), which would direct the Secretary of the Interior to convey certain land to the Edward H. McDaniel American Legion Post No. 22 in Pahrump, Nevada, for the construction of a post building and memorial park for use by the American Legion, other veterans' groups, and the local community, was passed by the Senate. 150 Cong. Rec. S9347 (daily ed. Sept. 15, 2004).
  • S. 1576 (Harpers Ferry National Historical Park Boundary Revision Act of 2004), which would revise the boundary of Harpers Ferry National Historical Park, was passed by the House, clearing the measure for the President. 150 Cong. Rec. H7024 (daily ed. Sept. 13, 2004).
  • S. 1582 (Valles Caldera Preservation Act), which would amend the Valles Preservation Act to improve the preservation of the Valles Caldera, was passed by the Senate. 150 Cong. Rec. S9327 (daily ed. Sept. 15, 2004).
  • S. 1687 (Manhattan Project National Historical Study Act), which would direct the Secretary of the Interior to conduct a study on the preservation and interpretation of the historic sites of the Manhattan Project for potential inclusion in the National Park System, was passed by the Senate. 150 Cong. Rec. S9328 (daily ed. Sept. 15, 2004).
  • S. 1727 (Dam Safety Authorization), which would authorize additional appropriations for the Reclamation Safety of Dams Act of 1978, was passed by the Senate. 150 Cong. Rec. S9339 (daily ed. Sept. 15, 2004).
  • S. 1778 (Craig Recreation Land Purchase Act), which would authorize a land conveyance between the United States and the City of Craig, Alaska, was passed by the Senate. 150 Cong. Rec. S9329 (daily ed. Sept. 15, 2004).
  • S. 1791 (Lease Lot Conveyance Amendments), which would amend the Lease Lot Conveyance Act of 2002 to provide that the amounts received by the United States under that Act shall be deposited in the reclamation fund, was passed by the Senate. 150 Cong. Rec. S9330 (daily ed. Sept. 15, 2004).
  • S. 1957 (U.S.-Mexico Transboundary Aquifer Assessment Act), which would authorize the Secretary of the Interior to cooperate with the states on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, was passed by the Senate. 150 Cong. Rec. S9340 (daily ed. Sept. 15, 2004).
  • S. 2046 (Everglades Land Exchange), which would authorize the exchange of certain land in Everglades National Park, was passed by the Senate. 150 Cong. Rec. S9342 (daily ed. Sept. 15, 2004).
  • S. 2052 (El Camino Real de los Tejas National Historic Trail Act), which would amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail, was passed by the Senate. 150 Cong. Rec. S9350 (daily ed. Sept. 15, 2004).
  • S. 2167 (Lewis and Clark National Historical Park Act), which would establish the Lewis and Clark National Historical Park in the states of Washington and Oregon, was passed by the Senate. 150 Cong. Rec. S9351 (daily ed. Sept. 15, 2004).
  • S. 2173 (Sand Creek Massacre National Historic Site Trust Act), which would further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000, was passed by the Senate. 150 Cong. Rec. S9351 (daily ed. Sept. 15, 2004).
  • S. 2180 (Arapaho and Roosevelt National Forests Land Exchange Act), which would direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the state of Colorado, was passed by the Senate. 150 Cong. Rec. S9330 (daily ed. Sept. 15, 2004).
  • S. 2243 (Alaska Hydroelectric Project Extension), which would extend the deadline for commencement of construction of a hydroelectric project in the state of Alaska, was passed by the Senate. 150 Cong. Rec. S9332 (daily ed. Sept. 15, 2004).
  • S. 2285 (Utah Land Conveyance), which would direct the Secretary of the Interior to convey a parcel of real property to Beaver County, Utah, was passed by the Senate. 150 Cong. Rec. S9352 (daily ed. Sept. 15, 2004).
  • S. 2287 (Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act), which would adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in the state of Louisiana, was passed by the Senate. 150 Cong. Rec. S9353 (daily ed. Sept. 15, 2004).
  • S. 2319 (Tapoco Project Licensing Act), which would authorize and facilitate hydroelectric power licensing of the Tapoco Project, was passed by the Senate. 150 Cong. Rec. S9342 (daily ed. Sept. 15, 2004).
  • S. 2460 (New Mexico Water Planning Assistance Act), which would provide assistance to the state of New Mexico for the development of comprehensive state water plans, was passed by the Senate. 150 Cong. Rec. S9353 (daily ed. Sept. 15, 2004).
  • S. 2508 (Lake Nighthorse Designation), which would redesignate the Ridges Basin Reservoir, Colorado, as Lake Nighthorse, was passed by the Senate. 150 Cong. Rec. S9354 (daily ed. Sept. 15, 2004).
  • S. 2511 (Chimayo Water Supply System and Espanola Filtration Facility Act), which would direct the Secretary of the Interior to conduct a feasibility study of a Chimayo water supply system, to provide for the planning, design, and construction of a water supply, reclamation, and filtration facility for Espanola, New Mexico, was passed by the Senate. 150 Cong. Rec. S9354 (daily ed. Sept. 15, 2004).
  • S. 2543 (National Heritage Partnership Act), which would establish a program and criteria for National Heritage Areas in the United States, was passed by the Senate. 150 Cong. Rec. S9356 (daily ed. Sept. 15, 2004).
  • H.R. 265 (Mount Rainier National Park Boundary Adjustment Act), which would provide for an adjustment of the boundaries of Mount Rainier National Park, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9360 (daily ed. Sept. 15, 2004).
  • H.R. 1284 (San Gabriel Basin Demonstration Project Authorization), which would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the federal share of the costs of the San Gabriel Basin demonstration project, was passed by the Senate. 150 Cong. Rec. S9360 (daily ed. Sept. 15, 2004).
  • H.R. 1521 (Johnstown Flood National Memorial Boundary Adjustment Act), which would provide for additional lands to be included within the boundary of the Johnstown Flood National Memorial in the state of Pennsylvania, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9330 (daily ed. Sept. 15, 2004).
  • H.R. 1616 (Martin Luther King Land Exchange), which would authorize the exchange of certain lands within the Martin Luther King, Junior, National Historic Site for lands owned by the city of Atlanta, Georgia, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9360 (daily ed. Sept. 15, 2004).
  • H.R. 1648 (Carpinteria and Montecito Water Distribution Systems Conveyance Act), which would authorize the Secretary of the Interior to convey certain water distribution systems of the Cachuma Project, California, to the Carpinteria Valley Water District and the Montecito Water District, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9332 (daily ed. Sept. 15, 2004).
  • H.R. 1658 (Railroad Right-of-Way Conveyance Validation Act), which would amend the Railroad Right-of-Way Conveyance Validation Act to validate additional conveyances of certain lands in the state of California that form part of the right-of-way granted by the United States to facilitate the construction of the transcontinental railway, was passed by the Senate. 150 Cong. Rec. S9348 (daily ed. Sept. 15, 2004).
  • H.R. 1732 (Williamson County Water Recycling Act), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Williamson County, Texas, Water Recycling and Reuse Project, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9332 (daily ed. Sept. 15, 2004).
  • H.R. 2457 (Castillo de San Marcos National Monument Preservation and Education Act), which would authorize funds for an educational center for the Castillo de San Marcos National Monument, was passed by the House. 150 Cong. Rec. H7020 (daily ed. Sept. 13, 2004).
  • H.R. 2696 (Southwest Forest Health and Wildfire Prevention Act), which would establish Institutes to demonstrate and promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of fire-adapted forest and woodland ecosystems of the interior West, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9326 (daily ed. Sept. 15, 2004).
  • H.R. 2828 (Water Supply, Reliability, and Environmental Improvement), which would authorize the Secretary of the Interior to implement water supply technology and infrastructure programs aimed at increasing and diversifying domestic water resources, was passed by the Senate. 150 Cong. Rec. S9360 (daily ed. Sept. 15, 2004).
  • H.R. 3056 (John H. Chafee Coast Barrier Resources System), which would clarify the boundaries of the John H. Chafee Coast Barrier Resources System Cedar Keys Unit P25 on Otherwise Protected Area P25P, was passed by the House. 150 Cong. Rec. H7023 (daily ed. Sept. 13, 2004).
  • H.R. 3209 (North Loup Irrigation Project), which would amend the Reclamation Project Authorization Act of 1972 to clarify the acreage for which the North Loup division is authorized to provide irrigation water under the Missouri River Basin project, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9332 (daily ed. Sept. 15, 2004).
  • H.R. 3249 (Forest Counties Payments Committee), which would extend the term of the Forest Counties Payments Committee, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9330 (daily ed. Sept. 15, 2004).
  • H.R. 3768 (Timucuan Ecological and Historic Preserve Boundary Revision Act), which would expand the Timucuan Ecological and Historic Preserve, Florida, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9360 (daily ed. Sept. 15, 2004).
  • H.R. 3908 (Land Conveyance), which would provide for the conveyance of the real property located at 1081 West Main Street in Ravenna, Ohio, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9086 (daily ed. Sept. 10, 2004).
  • H.R. 4027 (Marine Life Science Center), which would authorize the Secretary of Commerce to make available to the University of Miami property under the administrative jurisdiction of NOAA on Virginia Key, Florida, for use by the University for a Marine Life Science Center, was passed by the House. 150 Cong. Rec. H7021 (daily ed. Sept. 13, 2004).
  • H.R. 4481 (Wilson's Creek National Battlefield Boundary Adjustment Act of 2004), which would amend Public Law 86-434 establishing Wilson's Creek National Battlefield in the state of Missouri to expand the boundaries of the park, was passed by the House. 150 Cong. Rec. H7022 (daily ed. Sept. 13, 2004).
  • H.R. 4567 (Homeland Security Appropriations), which would make appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2005, was passed by the Senate. 150 Cong. Rec. S9167 (daily ed. Sept. 14, 2004).

COMMITTEE ACTION:

  • S. 1003 (hunting), was reported by the Committee on Resources. H. Rep. No. 108-667, 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill would clarify the intent of Congress with respect to the continued use of established commercial outfitter hunting camps on the Salmon River.
  • S. 2803 (appropriations), was reported by the Committee on Appropriations. S. Rep. No. 108-340, 150 Cong. Rec. S9220 (daily ed. Sept. 14, 2004). The bill would make appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2005.
  • S. 2804 (appropriations), was reported by the Committee on Appropriations. S. Rep. No. 108-341, 150 Cong. Rec. S9220 (daily ed. Sept. 14, 2004). The bill would make appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2005.
  • S. 2806 (appropriations), was reported by the Committee on Appropriations. S. Rep. No. 108-342, 150 Cong. Rec. S9286 (daily ed. Sept. 15, 2004). The bill would make appropriations for the Departments of Transportation and Treasury, the Executive Office of the President, and certain independent agencies for the fiscal year ending September 30, 2005.
  • S. 2809 (appropriations), was reported by the Committee on Appropriations. S. Rep. No. 108-344, 150 Cong. Rec. S9286 (daily ed. Sept. 15, 2004). The bill would make appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2005.
  • S. 2810 (appropriations), was reported by the Committee on Appropriations. S. Rep. No. 108-345, 150 Cong. Rec. S9286 (daily ed. Sept. 15, 2004). The bill would make appropriations for the Departments of Labor, Health, and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2005.
  • H.R. 784 (FWPCA), was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 108-675, 150 Cong. Rec. H7072 (daily ed. Sept. 13, 2004). The bill would amend the FWPCA to authorize appropriations for sewer overflow control grants.
  • H.R. 2912 (Native Americans), was reported by the Committee on Indian Affairs. S. Rep. No. 108-343, 150 Cong. Rec. S9286 (daily ed. Sept. 15, 2004). The bill would reaffirm the inherent sovereign rights of the Osage Tribe to determine its membership and form of government.
  • H.R. 2960 (reclamation), was reported by the Committee on Resources. H. Rep. No. 108-664, 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Brownsville Public Utility Board water recycling and desalinization project.
  • H.R. 3479 (brown tree snake), was reported by the Committee on Resources. H. Rep. No. 108-687, 150 Cong. Rec. H7233 (daily ed. Sept. 15, 2004). The bill would provide for the control and eradication of the brown tree snake on the island of Guam and the prevention of the introduction of the brown tree snake to other areas of the United States.
  • H.R. 4027 (marine life), was reported by the Committee on Resources. H. Rep. No. 108-665, 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill would authorize the Secretary of Commerce to make available to the University of Miami property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration on Virginia Key, Florida, for use by the University for a Marine Life Science Center.
  • H.R. 4470 (FWPCA), was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 108-676, 150 Cong. Rec. H7072 (daily ed. Sept. 13, 2004). The bill would amend the FWPCA to extend the authorization of appropriations for the Lake Pontchartrain Basin Restoration Program from fiscal year 2005 to 2010.
  • H.R. 4508 (national parks), was reported by the Committee on Resources. H. Rep. No. 108-669, 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill would amend the National Parks and Recreation Act of 1978 to require the Secretary to permit continued use and occupancy of certain privately owned cabins in the Mineral King Valley in the Sequoia National Park.
  • H.R. 4606 (groundwater), was reported by the Committee on Resources. H. Rep. No. 108-668, 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill would authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other federal, state, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California.
  • H.R. 4617 (land exchange), was reported by the Committee on Resources. H. Rep. No. 108-666, 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill would amend the Small Tracts Act to facilitate the exchange of small tracts of land.
  • H.R. 4688 (FWPCA), was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 108-677, 150 Cong. Rec. H7072 (daily ed. Sept. 13, 2004). The bill would amend the FWPCA to reauthorize the Chesapeake Bay Program.
  • H.R. 4731 (FWPCA), was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 108-678, 150 Cong. Rec. H7072 (daily ed. Sept. 13, 2004). The bill would amend the FWPCA to reauthorize the National Estuary Program.
  • H.R. 4794 (Tijuana River Valley), was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 108-688, pt. 1, 150 Cong. Rec. H7233 (daily ed. Sept. 15, 2004). The bill would amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations.
  • H. Res. 770 (appropriations), was reported by the Committee on Rules. H. Rep. No. 108-686, 150 Cong. Rec. H7137 (daily ed. Sept. 14, 2004). The resolution would provide for consideration of H.R. 5025, making appropriations for the Departments of Transportation and Treasury, and independent agencies for the fiscal year ending September 30, 2005.

BILLS INTRODUCED:

  • S. 2787 (Lugar, R-Ind.) (tropical forest), would reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2007, and for other purposes. 150 Cong. Rec. S9075 (daily ed. Sept. 10, 2004). The bill was referred to the Committee on Foreign Relations.
  • S. 2788 (Crapo, R-Idaho) (salmon), would reauthorize appropriations for the Pacific coast salmon recovery fund and include the state of Idaho in the salmon recovery program. 150 Cong. Rec. S9075 (daily ed. Sept. 10, 2004). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2790 (Domenici, R-N.M.) (land conveyance), would provide the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land. 150 Cong. Rec. S9075 (daily ed. Sept. 10, 2004). The bill was referred to the Committee on Indian Affairs.
  • S. 2803 (Bennett, R-Utah) (appropriations), would make appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2005, and for other purposes. 150 Cong. Rec. S9220 (daily ed. Sept. 14, 2004). The bill was placed on the calendar.
  • S. 2804 (Burns, R- Mont.) (appropriations), would make appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2005, and for other purposes. 150 Cong. Rec. S9220 (daily ed. Sept. 14, 2004). The bill was placed on the calendar.
  • S. 2809 (Gregg, R-N.H.) (appropriations), would make appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2005, and for other purposes. 150 Cong. Rec. S9287 (daily ed. Sept. 15, 2004). The bill was placed on the calendar.
  • S. 2810 (Specter, R-Pa.) (appropriations), would make appropriations for the Departments of Labor, Health, and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2005 , and for other purposes. 150 Cong. Rec. S9287 (daily ed. Sept. 15, 2004). The bill was placed on the calendar.
  • H.R. 5032 (Saxton, R-N.J.) (nuclear facilities), would require the NRC to consider certain criteria in relicensing nuclear facilities and provide for an independent assessment of the Oyster Creek Nuclear Generating Station by the National Academy of Sciences prior to any relicensing of that facility. 150 Cong. Rec. H6898 (daily ed. Sept. 8, 2004). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5044 (Burns, R-Ga.) (hydroelectric power), would provide for a study of the potential for increasing hydroelectric power production at existing federal facilities, and for other purposes. 150 Cong. Rec. H6996 (daily ed. Sept. 9, 2004). The bill was referred to the Committee on Resources and the Committee on Transportation and Infrastructure.
  • H.R. 5056 (Rehberg, R-Mont.) (boundary adjustment), would adjust the boundaries of the Helena, Lolo, and Beaverhead-Deerlodge National Forests in the state of Montana. 150 Cong. Rec. H6997 (daily ed. Sept. 9, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5077 (Nethercutt, R-Wash.) (land conveyance), would require the conveyance of a small parcel of federal land in the Colville National Forest, Washington, and for other purposes. 150 Cong. Rec. H7137 (daily ed. Sept. 14, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5078 (Ruppersberger, D-Md.) (alternative fuels), would amend the Internal Revenue Code of 1986 to provide incentives for alternative fuels and alternative fuel vehicles. 150 Cong. Rec. H7137 (daily ed. Sept. 14, 2004). The bill was referred to the Committee on Ways and Means.
  • H.R. 5083 (Nethercutt, R-Wash.) (wilderness), would designate certain lower-elevation federal lands in the Skykomish River valley of the state of Washington as wilderness, designate a portion of such lands for management as a backcountry wilderness management area, and for other purposes. 150 Cong. Rec. H7233 (daily ed. Sept. 15, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5090 (Cole, R-Okla.) (fuel), would amend the Internal Revenue Code of 1986 to provide that the credit for producing fuel from a nonconventional source shall apply to gas produced onshore from a formation more than 15,000 feet deep. 150 Cong. Rec. H7233 (daily ed. Sept. 15, 2004). The bill was referred to the Committee on Ways and Means.
  • H.R. 5096 (Gilchrest, R-Md.) (conservation), would assist in the conservation of flagship species throughout the world. 150 Cong. Rec. H7234 (daily ed. Sept. 15, 2004). The bill was referred to the Committee on Resources.

Copyright© 2004, Environmental Law Institute, Washington, D.C. All rights reserved. 

IN THE STATES

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Copyright© 2004, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

GENERAL:

  • The Zimbabwean Conservation Taskforcechargedthe government with deliberately overstating the elephant population in order to profit from ivory trading.
  • Dr. Ralph Daley, head of the the United Nations (U.N.) University's International Network on Water, Environment and Health, said that the equivalent of just $7 a year from each person in the developed world would be enough to provide proper sanitation and clean water access in developing countries.
  • The U.N. Environment Programmesaidit would begin trying to tackle pollution "hotspots" in Iraq.
  • Studiespublished in theJournal of Toxicologyand Environmental HealthandEnvironmental Health Perspectives described alterations to the hormone and immune system of polar bears due to exposure to PCBs and pesticides.
  • In itsState of the World Population 2004report, the U.N. Population Fundsaidthat the 50 poorest countries would triple in population by 2050. Meanwhile, speakers at the World Urban Forum in Barcelonasaidthat two-thirds of the world's population will live in urban centers by 2050, up from 50%.

CLIMATE CHANGE:

  • The European Commission began aweb-basedstakeholder consultation process on future global warming strategies. "Climate change is one of the greatest challenges of our generation," said Environment Commissioner Margot Wallström. "The first Kyoto commitment period will end in 2012. Already now, we need to prepare what comes after. The international community will soon start discussing how we can build on the Kyoto Protocol and launch a new phase of international co-operation on climate change. We will need to strengthen our efforts, put more ambitious targets in place and use innovative approaches to reach those targets. It is important that we base our contribution to this discussion on the knowledge and expertise available in society and that we take into account what citizens think. This stakeholder consultation will help us maintain the EU's [European Union's] leadership in the fight against climate change and define the EU’s contribution, based on science and enjoying wide support."
  • British Prime Minister Tony Blairsaidthat time is running out to address global warming. He told BBC Radio 1 that he was shocked at the magnitude of the problem. "We will start to notice within reasonably short periods of time real difficulties," he said. Conservative Party leader Michael Howardsaidthat Blair has not shown effective leadership. "It is very disappointing," Howard said, "that Tony Blair has not succeeded in persuading the present [U.S.] administration that the challenge of global warming is one that cannot be shirked." "If there is one message I would leave with you and with the British people today, it is one of urgency," Blairsaid. Hecalled foran emissions trading program for the aviation industry.
  • Lord May, the president of the U.K.'s Royal Society,saidthe country should increase its investment in nuclear power.

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