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Weekly Update Volume 34, Issue 28

10/04/2004

 LITIGATION

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

CWA, RCRA, NUISANCE, DAMAGES:

The Eleventh Circuit upheld a jury verdict finding a company liable under the CWA and RCRA for contaminating landowners' property, but reversed the jury's award of compensatory and punitive damages on the landowners' nuisance claim. Contrary to the company's arguments, the landowners had standing to assert claims under the CWA and RCRA, and the court has federal subject matter jurisdiction over the CWA claims and supplemental jurisdiction over the remaining claims. In addition, the landowners adequately proved that the company discharged pollutants into U.S. waters without a permit, and that the violation was ongoing at the time of trial. There was also substantial evidence for the jury's verdict regarding the landowners' RCRA claims. The court also affirmed the jury's award of attorneys fees and the district court's award of contribution under Georgia's Hazardous Site Response Act. The court, however, erroneously awarded the landowners compensatory and punitive damages on their nuisance claim. Ownership or occupancy is a necessary element for the maintenance of a nuisance action. Yet the district court failed to instruct the jury that damages were not recoverable by a party who did not own or occupy the residence at any relevant time prior to the filing of the complaint in this case. Because only one landowner occupied the property at issue, the jury may have awarded more in compensatory damages than it otherwise would have and the award of punitive damages was certainly erroneous.Parker v. Scrap Metal Processors, Inc., No. 03-14516, 34 ELR 20104 (11th Cir. Sept. 28, 2004) (51 pp.).

ESA, ATTORNEYS FEES:

The Ninth Circuit held that water agencies were entitled to fees and costs under the ESA even though their underlying suit was dismissed as moot. In the suit below, the agencies argued that the National Marine Fisheries Service (NMFS) violated the ESA when it designated certain lands in California and in the Pacific Northwest as critical habitats without conducting an adequate economic impact analysis. The case was dismissed as moot after the NMFS settled a separate but related case in another district, resulting in a remand of the designations of the very same critical habitats at issue in the agencies' case. The lower court correctly held that that because the agencies' action was a catalyst in the NMFS' decision to voluntarily remand the designations in the other case, they are entitled to fees and costs under the ESA's fee-shifting provision. The lower court correctly found that the ESA's fee-shifting provision applied in this case because the agencies brought the action to enforce the ESA. In addition, the district court correctly applied the catalyst theory and did not abuse its discretion in the amount of fees and costs it awarded.Association of California Water Agencies v. Evans, No. 03-15380, 34 ELR 20101 (9th Cir. Sept. 24, 2004) (16 pp.).

FALSE CLAIMS ACT (FCA), POTENTIAL FINES AND PENALTIES:

The Fifth Circuit held that an individual failed to state a claim under the reverse FCA in its qui tam action against a chemical manufacturer. In a reverse false claims suit, the defendant's action does not result in improper payment by the government to the defendant, but instead results in no payment to the government when a payment is obligated. Here, the individual claimed that the company concealed from the government the fact that it had falsified emissions records in an effort to avoid a fine or monetary penalty to which the company might have been subjected had the government known of the illegal emissions and had it decided to take action against the company. Under the circumstances of this case, however, the avoidance of such a potential fine or civil penalty does not give rise to reverse false claims liability. The district court's decision was therefore reversed and remanded.United States v. Georgia Gulf Corp., No. 03-30023, 34 ELR 20103 (5th Cir. Sept. 27, 2004) (21 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ENVIRONMENTAL IMPACT REPORT (EIR):

A California appellate court reversed a county's adoption of a mitigated negative declaration under CEQA in connection with the demolition of an old county jail. The group challenging the declaration demonstrated that the jail is an historic resource, that its demolition will have a significant environmental impact, and that the proposed mitigation measures are inadequate to reduce that impact to insignificance. The county must therefore prepare an EIR.Architectural Heritage Ass'n v. County of Monterey, No. H026443, 34 ELR 20106 (Cal. 6th App. Dist. Sept. 30, 2004) (37 pp.).

CEQA, ATTORNEY ERROR:

A California appellate court held that a trial court need not grant relief from a dismissal entered for failing to request a hearing on the merits in a CEQA case when the failure was caused by an attorney's inexcusable mistake or neglect. CEQA requires that a petitioner request a hearing within 90 days from the date a petition alleging CEQA noncompliance is filed. Applying the mandatory relief provision set forth in §473(b) of the California Civil Code of Procedure to CEQA dismissals for failing to request a hearing within the prescribed 90-day time period would undermine CEQA's design for expedited litigation.Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency, No. A104687, 34 ELR 20105 (Cal. 1st App. Dist. Sept. 29, 2004) (9 pp.).

CONDEMNATION, LOSS OF GOODWILL:

A California appellate court held that a dentist was not entitled to compensation for loss of goodwill as a result of a state university's condemnation of property in which the dentist held a leasehold interest. The constitutional right to just compensation does not include the loss of goodwill to a business whose property is taken by the power of eminent domain. The state of California, therefore, enacted a statute that recognizes a right to compensation for loss of goodwill under specified conditions. Here, however, the dentist failed to meet those conditions under California Code of Civil Procedure §1263.510. The lower court's conclusion that the dentist failed to demonstrate that he took reasonable steps to relocate his practice was proper. In addition, the lower court did not err in bifurcating the compensation action.Regents of the University of California v. Sheily, No. B161797, 34 ELR 20102 (Cal. 2d. App. Dist. Sept. 24, 2004) (13 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 issued an interpretative rule concerning NESHAPs for secondary aluminum producers, concluding that facilities that thermally delaminate aluminum foil from paper and plastic and then mechanically granulate the recovered metal are in fact subject to emission control requirements applicable to secondary aluminum producers and specified in 40 CFR pt. 63, subpart RRR.69 FR 58837(10/1/04).
  • EPA expanded the list of accepted substitutes for ozone-depleting substances under the CAA Significant New Alternatives Policy (SNAP) program, recognizing substitutes for use in refrigeration and air conditioning, foam blowing, fire suppression and explosion protection, and sterilants; the Agency also clarified accepted uses of a hydrochlorofluorocarbon as an aerosol solvent, revised the global warming potential for a substitute previously listed as acceptable for use in fire suppression and explosion protection, and clarified a statement made in an August 2003 SNAP notice concerning a refrigerant.69 FR 58903(10/1/04).
  • EPA changed the designation of the hydrochlorofluorocarbon HCFC-141b from "acceptable" to "unacceptable" for use as a foam blowing agent under the SNAP program, which reviews alternatives to Class I and II ozone-depleting substances and approves uses of alternatives that reduce overall risks to public health and the environment.69 FR 58269(9/30/04).
  • EPA, in response to a court remand, addressed two citizen petitions that asked EPA to object to operating permits issued for two facilities by the New York Department of Environmental Conservation; EPA partially granted and partially denied the petitions.69 FR 57695(9/27/04).

HAZARDOUS AND SOLID WASTES:

  • EPA entered into a proposed settlement agreement under CERCLA concerning a §106(b) petition filed in 1997 over the Valley Chemical Superfund site in Greenville, Mississippi; the petitioner agreed to drop the petition in exchange for addressing past costs at three other sites in EPA Region 4.69 FR 58912(10/1/04).
  • EPA announced the deletion of the Love Canal Superfund site, located in Niagara Falls, New York, from the NPL; EPA and the New York Department of Environmental Conservation have determined that all appropriate response actions have been implemented at the site; that no further response actions other than operation, maintenance, and monitoring are required; and that remedial action taken at the site is protective of public health and the environment, and, with appropriate ongoing action, will continue to protect these factors.69 FR 58322(9/30/04).
  • EPA authorized Connecticut to make revisions to the state's RCRA hazardous waste program that update state regulations to meet federal requirements as of January 1, 2001.69 FR 57842(9/28/04).

PESTICIDES:

  • EPA announced the availability of a tolerance reassessment decision, prepared to ensure that a substance meets current health and food safety standards, for the pesticide fluridone; the Agency requested public comment on the decision, related risk assessments, and other support documents.69 FR 58164(9/29/04).

PRESIDENTIAL PROCLAMATION:

  • The president issued Proclamation 7822, which declared September 25, 2004, as National Hunting and Fishing Day, and stated that on that day "we celebrate the remarkable progress we have made in conserving our environment and recognize those who have worked to conserve our natural resources" and recognized hunters and anglers as being top conservationists who help maintain the nation's natural resources.69 FR 58250(9/29/04).

SMCRA PROGRAM:

  • OSM approved an amendment to Indiana's regulatory program under SMCRA that revises and adds to rules concerning blasting schedules and certification in order to improve operational efficiency.69 FR 58830(10/1/04).
  • OSM announced additions to a previously proposed amendment to the Colorado regulatory program under SMCRA; the additions require that permit applicants prepare weed management plans and change the production years that applicants must consider when developing cropland revegetation success criteria.69 FR 58873(10/1/04).

WATER QUALITY:

  • EPA announced the availability of draft NPDES general permits for certain POTWs and other facilities treating domestic sewage in Massachusetts, New Hampshire, and Indian Country lands in Massachusetts; the draft permits establish notification requirements, effluent limitations, standards, and prohibitions for discharges to freshwaters and marine waters.69 FR 58912(10/1/04).
  • EPA announced the 2004 winners of the annual Clean Water Act Recognition Awards, an awards program that honors municipalities and industries that have demonstrated outstanding and innovative technological achievement in wastewater treatment and pollution abatement.69 FR 58913(10/1/04).

WILDLIFE:

  • FWS announced the availability of the final recovery plan for the Wenatchee Mountains checker-mallow, a wetland plant endemic to marshes and moist meadows in the Wenatchee Mountains in Cheland County, Washington; the plan describes the status of the species, which was listed as endangered under the ESA in 1999, and specifies recovery objectives and criteria and conservation measures necessary to reduce threats to the plant.69 FR 58944(10/1/04).
  • FWS announced that it will have another public hearing on the proposal to remove the eastern distinct population segment of the gray wolf from the list of endangered and threatened wildlife established under the ESA.69 FR 58119(9/29/04).

DOJ NOTICE OF SETTLEMENT:

  • United States v. Oakwood Homes LLC, No. 04-D-1918 (MJW) (D. Colo. Sept. 17, 2004). Settling CWA defendants that discharged pollutants into U.S. waters in Colorado without a permit must restore the affected areas, perform mitigation, and pay a civil penalty.69 FR 58465(9/30/04).

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

THE CONGRESS

CHAMBER ACTION:

  • S. 1663 (Coastal Barrier Resources System), which would replace certain Coastal Barrier Resources System maps, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9864 (daily ed. Sept. 28, 2004).
  • S. 1687 (Manhattan Project National Historical Park Study Act of 2003), 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 House, clearing the measure for the President. 150 Cong. Rec. H7670 (daily ed. Sept. 28, 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 House, clearing the measure for the President. 150 Cong. Rec. H7677 (daily ed. Sept. 28, 2004).
  • S. 2052 (El Camino Real de los Tejas National Historic Trail Act of 2004), 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 House, clearing the measure for the President. 150 Cong. Rec. H7671 (daily ed. Sept. 28, 2004).
  • S. 2180 (Arapaho and Roosevelt National Forests Land Exchange Act of 2004), 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 House, clearing the measure for the President. 150 Cong. Rec. H7678 (daily ed. Sept. 28, 2004).
  • S. 2508 (Ridges Basin Reservoir, Colorado), which would redesignate the Ridges Basin Reservoir, Colorado, as Lake Nighthorse, was passed by the House, clearing the measure for the President. 150 Cong. Rec. H7682 (daily ed. Sept. 28, 2004).
  • H.R. 2941 (Colorado River Indian Reservation Boundary Correction Act), which would correct the south boundary of the Colorado River Indian Reservation in Arizona, was passed by the House. 150 Cong. Rec. H7685 (daily ed. Sept. 28, 2004).
  • H.R. 3210 (Little Butte/Bear Creek Subbasins Water Feasibility Act), which would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a water resource feasibility study for the Little Butte/Bear Creek Subbasins in Oregon, was passed by the House. 150 Cong. Rec. H7679 (daily ed. Sept. 28, 2004).
  • H.R. 3247 (Trail Responsibility and Accountability for the Improvement of Lands (TRAIL) Act), which would provide consistent enforcement authority to the BLM, the National Park Service, the FWS, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of public lands under the jurisdiction of these agencies, to clarify the purposes for which collected fines may be used, was passed by the House. 150 Cong. Rec. H7672 (daily ed. Sept. 28, 2004).
  • H.R. 3479 (Brown Tree Snake Control and Eradication Act of 2003), which 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, was passed by the House. 150 Cong. Rec. H7686 (daily ed. Sept. 28, 2004).
  • H.R. 3597 (water storage and conservation project), which would authorize the Secretary of the Interior, through the Bureau of Reclamation, to conduct a feasibility study on the Alder Creek water storage and conservation project in El Dorado County, California, was passed by the House. 150 Cong. Rec. H7679 (daily ed. Sept. 28, 2004).
  • H.R. 4066 (Chickasaw National Recreation Area Land Exchange Act of 2004), which would provide for the conveyance of certain land to the United States and to revise the boundary of Chickasaw National Recreation Area, Oklahoma, was passed by the House. 150 Cong. Rec. H7661 (daily ed. Sept. 28, 2004).
  • H.R. 4606 (Southern California Groundwater Remediation Act), which 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, was passed by the House. 150 Cong. Rec. H7680 (daily ed. Sept. 28, 2004).
  • H.R. 4617 (Amending the Small Tracts Act), which would amend the Small Tracts Act to facilitate the exchange of small tracts of land, was passed by the House. 150 Cong. Rec. H7674 (daily ed. Sept. 28, 2004).
  • H.R. 4656 (Tropical Forest Conservation Act Reauthorization), which would reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2007, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9864 (daily ed. Sept. 28, 2004).
  • H.R. 4827 (McInnis Canyons National Conservation Area), which would amend the Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Act of 2000 to rename the Colorado Canyons National Conservation Area as the McInnis Canyons National Conservation Area, was passed by the House. 150 Cong. Rec. H7674 (daily ed. Sept. 28, 2004).
  • H.R. 4838 (Healthy Forests Youth Conservation Corps Act of 2004), which would establish a Healthy Forest Youth Conservation Corps to provide a means by which young adults can carry out rehabilitation and enhancement projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief, was passed by the House. 150 Cong. Rec. H7675 (daily ed. Sept. 28, 2004).
  • H.R. 5009 (Montana Water Contracts Extension Act of 2004), which would extend water contracts between the United States and specific irrigation districts and the City of Helena in Montana, was passed by the House. 150 Cong. Rec. H7681 (daily ed. Sept. 28, 2004).
  • H.R. 5016 (water service contract), which would extend the water service contract for the Ainsworth Unit, Sandhills Division, Pick-Sloan Missouri Basin Program, Nebraska, was passed by the House. 150 Cong. Rec. H7681 (daily ed. Sept. 28, 2004).

COMMITTEE ACTION:

  • S. 437 (water resources), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-360, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would provide for adjustments to the Central Arizona Project in Arizona, to authorize the Gila River Indian Community water rights settlement, to reauthorize and amend the Southern Arizona Water Rights Settlement Act of 1982.
  • S. 1614 (rivers), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-362, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would designate a portion of White Salmon River as a component of the National Wild and Scenic Rivers System.
  • S. 1678 (Dinosaur National Monument), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-363, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would provide for the establishment of the Uintah Research and Curatorial Center for Dinosaur National Monument in the states of Colorado and Utah.
  • S. 1876 (land conveyance), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-365, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would authorize the Secretary of the Interior to convey certain lands and facilities of the Provo River Project.
  • S. 2142 (appropriations), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-366, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would authorize appropriations for the New Jersey Coastal Heritage Trail Route.
  • S. 2181 (boundary adjustment), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-367, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would adjust the boundary of Rocky Mountain National Park in the state of Colorado.
  • S. 2334 (National Forest System), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-368, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would designate certain National Forest System land in the Commonwealth of Puerto Rico as components of the National Wilderness Preservation System.
  • S. 2374 (land conveyance), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-369, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would provide for the conveyance of certain land to the United States and to revise the boundary of Chickasaw National Recreation Area, Oklahoma.
  • S. 2408 (boundary adjustment), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-370, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would adjust the boundaries of the Helena, Lolo, and Beaverhead-Deerlodge National Forests in the state of Montana.
  • S. 2432 (boundary adjustment), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-371, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would expand the boundaries of Wilson's Creek Battlefield National Park.
  • S. 2567 (boundary adjustment), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-372, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would adjust the boundary of Redwood National Park in the state of California.
  • S. 2622 (land exchange), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-373, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would provide for the exchange of certain federal land in the Santa Fe National Forest and certain non-federal land in the Pecos National Historical Park in the state of New Mexico.
  • H.R. 1113 (land exchange), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-374, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would authorize an exchange of land at Fort Frederica National Monument.
  • H.R. 1964 (natural resources), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-376, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would assist the states of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources in the Highlands region.
  • H.R. 2941 (boundary adjustment), was reported by the Committee on Resources. H. Rep. No. 108-701, 150 Cong. Rec. H7734 (daily ed. Sept. 28, 2004). The bill would correct the south boundary of the Colorado River Indian Reservation in Arizona.
  • H.R. 3706 (boundary adjustment), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 108-378, 150 Cong. Rec. S9812 (daily ed. Sept. 28, 2004). The bill would adjust the boundary of the John Muir National Historic Site.
  • H.R. 4066 (land conveyance), was reported by the Committee on Resources. H. Rep. No. 108-702, 150 Cong. Rec. H7734 (daily ed. Sept. 28, 2004). The bill would provide for the conveyance of certain land to the United States and revise the boundary of Chickasaw National Recreation Area, Oklahoma.
  • H.R. 4579 (boundary adjustment), was reported by the Committee on Resources. H. Rep. No. 108-703, 150 Cong. Rec. H7734 (daily ed. Sept. 28, 2004). The bill would modify the boundary of the Harry S Truman National Historic Site in the state of Missouri.
  • H.R. 5009 (water contracts), was reported by the Committee on Resources. H. Rep. No. 108-704, 150 Cong. Rec. H7734 (daily ed. Sept. 28, 2004). The bill would extend water contracts between the United States and specific irrigation districts and the City of Helena in Montana.

BILLS INTRODUCED:

  • S. 2836 (Voinovich, R-Ohio) (national heritage areas), would amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas, and for other purposes. 150 Cong. Rec. S9611 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2841 (Cantwell, D-Wash.) (national trail), would designate the Ice Age Floods National Geologic Trail, and for other purposes. 150 Cong. Rec. S9611 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2842 (Boxer, D-Cal.) (vehicle emissions), would amend title 49, United States Code, to require motor carriers to comply with vehicle emission performance standards established by EPA, and for other purposes. 150 Cong. Rec. S9611 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2843 (Campbell, R-Colo.) (Native Americans), would make technical corrections to laws relating to Native Americans, and for other purposes. 150 Cong. Rec. S9611 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Indian Affairs.
  • S. 2846 (Reid, D-Nev.) (land conveyance), would provide for the conveyance of certain BLM land in the state of Nevada to the University and Community College System of Nevada, and for other purposes. 150 Cong. Rec. S9673 (daily ed. Sept. 24, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2847 (Crapo, R-Idaho) (Water Resources Act), would reauthorize the Water Resources Act of 1984. 150 Cong. Rec. S9722 (daily ed. Sept. 27, 2004). The bill was referred to the Committee on Environment and Public Works.
  • S. 2848 (Ensign, R-Nev.) (jurisdiction), would transfer administrative jurisdiction over certain land in Clark County, Nevada, from the Secretary of the Interior to the Secretary of Veterans Affairs. 150 Cong. Rec. S9722 (daily ed. Sept. 27, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 5134 (Pombo, R-Cal.) (Native Americans), would require the prompt review by the Secretary of the Interior of the long-standing petitions for federal recognition of certain Indian tribes, and for other purposes. 150 Cong. Rec. H7574 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5139 (Herseth, D-S.D.) (irrigation), would enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program. 150 Cong. Rec. H7574 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5142 (McInnis, R-Colo.) (land exchange), would authorize and direct the exchange of certain lands in the state of Colorado, and for other purposes. 150 Cong. Rec. H7574 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5145 (Pallone, D-N.J.) (resource management), would provide fellowships for graduate and postgraduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, or conservation biology, or related natural resource management, to provide expertise and to gain policy experience in federal executive agencies or the Congress. 150 Cong. Rec. H7574 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5146 (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. H7574 (daily ed. Sept. 23, 2004). The bill was referred to the Committee on Ways and Means.
  • H.R. 5158 (Pelosi, D-Cal.) (National Park Service), would clarify the authorities for the use of certain National Park Service properties within Golden Gate National Recreation Area and San Francisco Maritime National Historical Park, and for other purposes. 150 Cong. Rec. H7735 (daily ed. Sept. 28, 2004). The bill was referred to the Committee on Resources.
  • H. Con. Res. 497 (Price, D-N.C.) (National Horticulture Therapy Week), would support the designation, during spring 2005, of National Horticultural Therapy Week in order to improve the quality of life for all and increase opportunities for each individual to positively connect with the natural world. 150 Cong. Rec. H7574 (daily ed. Sept. 23, 2004). The concurrent resolution was referred to the Committee on Government Reform.

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 first national advertisingcampaignof its kind in England to encourage people to recycle household waste more often was launched.
  • The U.K.'s Whale and Dolphin Conservation Society launched a campaign,Oceans of Noise, to address "noise pollution" The group claims that ocean oil and gas drilling activity and military sonars are causing hearing loss and worse in whales, dolphins and porpoises.
  • Researcherssaidthat the construction of man-made defenses at beaches increases the risk of flooding.
  • WWF and the IUCN-World Conservation Union will ask The Convention on International Trade in Endangered Species (CITES) to include thehumphead wrasse, a reef fish, on its list of protected species.
  • A model of the North Sea's ecosystem was used to reach the conclusion,discussedat a meeting of the International Council for the Exploration of the Sea, that the total fisheries stock has dropped from 26 to 10 million in a little over a century.

CLIMATE CHANGE:

  • Chinese scientists, looking at glaciers in China over a 25-year period,wrotethat two-thirds of China's glaciers will, at current rates, disappear by the end of the 2050s, and almost all will have melted by 2100.
  • Russian President Vladimir V. Putinagreedto support ratification of the Kyoto Protocol and sent the measure to the Duma (the lower house of Parliament), where it is expected to pass without revision. "I would speak of this as a fait accompli with great caution, but my opinion, and I think it is shared by a number of deputies, is that the time to ratify the Kyoto Protocol has come," said Alexander Kosarikov, deputy chairman of the Russian parliament's ecology committee. Various ministries were given three months to come up with implementation plans.

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

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