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Weekly Update Volume 34, Issue 29

10/18/2004

LITIGATION

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

CWA, EFFLUENT LIMITATIONS, COAL MINING:

The Sixth Circuit invalidated and remanded an EPA final rule that created and set regulations for two new subcategories under the coal mining point source category--the coal remining subcategory and the western alkaline coal mining subcategory. EPA reasonably concluded that it may create regulations for remining under the CWA even where such regulations conflict with CWA §301(p), which concerns the remining of abandoned coal mines. Nonetheless, the court struck down EPA's regulations setting effluent limitations for the coal remining subcategory. Rather than identifying the technological tools available to coal reminers and then determining the amount of effluent reduction attainable, EPA first defined the level of pollution the Agency desired and then worked backward to define the technological tools as site-specific "plans" that would achieve the desired level of pollution. EPA therefore violated its duty under CWA §304(b) to determine, in terms of the amounts of pollutants, the degree of effluent reduction attainable by the various levels of technology. In addition, EPA failed to consider all the factors CWA §304 requires it to consider in establishing best management practices. Similarly, the court struck down the regulations implementing the western alkaline coal mining subcategory. By adopting non-numeric effluent limitations based on background conditions, EPA shirked its duties under CWA §304(b). EPA also failed to consider the CWA §304 factors when deciding best management control measures for the subcategory.Citizens Coal Council & Kentucky Resources Council, Inc. v. United States Environmental Protection Agency, No. 02-3628, 34 ELR 20114 (6th Cir. Oct. 7, 2004) (18 pp.).

CWA, APA, WATER QUALITY STANDARDS:

The Ninth Circuit held that the U.S. Army Corps of Engineers' record of decision for its operation of four dams on the lower Snake River complied with Washington state's water quality standards for temperature. The Corps' conclusion that its operation of the dams, as opposed to the existence of the dams themselves, did not contribute to temperature exceedences was supported by the administrative record and, therefore, was not arbitrary and capricious. Nor can the Corps' decision be viewed as contrary to law in light of Congress' mandate for the creation of the dams. The record also supports the Corps' view that there are no additional feasible steps it could take to decrease water temperatures on the river.National Wildlife Federation v. United States Army Corps of Engineers, Nos. 03-35235, -35237, 34 ELR 20111 (9th Cir. Oct. 4, 2004) (37 pp.).

CWA, WATER QUALITY STANDARDS, IMPAIRED WATERS:

The Eleventh Circuit held that a district court erred in determining as a matter of law that Florida's impaired waters rule did not establish new or revised water quality standards and therefore was not subject to nondiscretionary review by EPA. Contrary to EPA's view, the environmental advocacy groups that filed suit had standing, and their claim was not rendered moot by EPA's subsequent review of changes to the state's impaired waters list. EPA's "reasonableness" review of the revised impaired waters list did not satisfy its duty, if it exists, to review the impaired waters rule to determine whether the rule complies with the CWA. As for the merits, the lower court failed to conduct a thorough review of the effect of the impaired waters rule on the water quality standards of Florida. Instead of concluding that the rule did not create water quality standards because the state failed to follow the proper procedures, the district court should have determined whether the practical impact of the rule was to revise the standards. The record establishes that both EPA and the state applied the impaired waters rule when they created and approved changes to Florida's impaired waters list. Thus, if waterbodies that would have been included on the list under preexisting testing methodologies were left off the list because of the impaired waters rule, in effect the rule would have created new or revised water quality standards, even if the language of the regulation said otherwise.Florida Public Interest Research Group Citizen Lobby, Inc. v. Environmental Protection Agency, No. 03-13810, 34 ELR 20109 (11th Cir. Oct. 4, 2004) (44 pp.).

INSURANCE, ASBESTOS:

The Fourth Circuit held that under Maryland law, insurers of a bankrupt insulation company are liable only for a pro rata portion of the bodily injury that occurred during the time the company's policy was in place and that any injuries that occurred after the company completed its asbestos installation work were subject to the aggregate limits of the policies. Steel plant employees who were injured by asbestos during the company's insulation work at the plant intervened in a bankruptcy case establishing various insurers' liability. Under the bankruptcy plan, proceeds from the company's insurance policies would be used to fund a trust to handle asbestos claims against the company; the amount each insurer is required to contribute depends on the interpretation of the policies. The district court properly applied Maryland law and adopted the pro rata theory for allocating liability. Under this theory, the insurers are liable only for a pro rata portion of the bodily injury that occurred during the time each insurer's policy was in place. For any bodily injury occurring during a time when the company was self-insured or when the company's policy contained an exclusion, the company would bear the risk of liability. In addition, any injuries that occurred after the company completed its installation work with asbestos were subject to the aggregate limits of the policies under the "completed operations" hazard clauses in the policies. Policies issued to the company for time periods in which the company was installing asbestos will not be subject to the aggregate limit of liability. In addition, the employees waived their argument that their injuries came from "abandoned or unused materials" because it was not raised below.Jones v. Liberty Mutual Insurance Co., Nos. 02-2389, -2427, 34 ELR 20113 (4th Cir. Oct. 6, 2004) (25 pp.) (Counsel for Amici Curiae included Laura A. Foggan of Wiley Rein & Fielding LLP in Washington, D.C.).

TAKINGS, COMPENSATION:

The Federal Circuit held that the government's deposit of sand on landowners' property amounted to a physical taking of a permanent easement but that the landowners failed to establish any decline in the fair market value of their property. Although the lower court properly held that the landowners were not entitled recover compensation for a decline in the market value of their property, the case was vacated and remanded to determine possible recovery on a cost of cure theory.Vaizburd v. United States, No. 03-5154, 34 ELR 20107 (Fed Cir. Oct. 1, 2004) (18 pp.).

DAMAGES, STRICT LIABILITY:

The Supreme Court of Florida held that a state statute that allows suits for damages resulting from pollution creates a new strict liability cause of action and does not merely modify existing common law causes of action that require proof of causation. The statute, §376.313(3) Florida Statutes (2002), departs from the common law by providing a damages remedy for the non-negligent discharge of pollution without proof that the defendant caused it. In addition, the statute's enumeration of specific and exclusive defenses, as well as other aspects of the statute such as its title, its cumulative remedies clause, and its allowance of attorneys fees, provides further evidence that the legislature intended to create a new cause of action. This holding resolved a conflict within the state courts.Aramark Uniform & Career Apparel, Inc. v. Easton, No. SC02-2190, 34 ELR 20115 (Fla. Oct. 7, 2004) (18 pp.).

ASBESTOS, TANNER ACT, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A California appellate court rejected a mining and construction advocacy group's challenge to a state agency regulation barring the sale and supply of asbestos-containing rock for the surfacing of future unpaved roads. Under the Tanner Act, which identifies and regulates toxic air contaminants by airborne toxic control measures (ATCMs), the agency properly considered a report providing data in support of prohibiting the use of asbestos-containing rock to surface future unpaved roads. The court disagreed with the group's challenge to the report, holding that the report only needed to address those issues relevant to the ATCM that was adopted. Since the ATCM at issue only regulates emissions from rock used to surface or resurface future unpaved roads, the report need not contain data on emissions from existing roads. Thus, the court affirmed the lower court's decision because the undisputed facts showed the need for and appropriateness of the ATCM. Moreover, the report was prepared in a manner consistent with the goals and policies of CEQA.Coalition For Reasonable Regulation of Naturally Occurring Substances v. California Air Resources Board, No.C041897, 34 ELR 20108 (Cal. 3d App. Dist. Oct. 1, 2004) (23 pp.).

CEQA, ENVIRONMENTAL IMPACT REPORT (EIR):

A California appellate court dismissed a resident group's CEQA challenge against a state agency for not properly preparing and certifying an EIR for a project involving the demolition of mobile home park. The group failed to prove that the deputy director of the lead agency who certified the EIR was not the authorized decisionmaker or that he failed to carry out his duties. Moreover, the department adequately advised the public about the existence of technical information despite failing to give the specific titles to each technical report in the EIR. In addition, the EIR adequately considered a traffic study, and the group's complaint about a hydrology report issued one month after the EIR was certified was without merit. Lastly, the group's motion to augment the administrative record was properly denied.El Morro Community Ass'n v. California Department of Parks and Recreation, No. G032990, 34 ELR 20112 (Cal. 4th App. Dist. Oct. 5, 2004) (24 pp.).

CEQA, NEGATIVE DECLARATION:

A California appellate court affirmed a lower court decision setting aside the adoption of a mitigated negative declaration for the construction of an apartment complex because the county and developers failed to meet the requirements of CEQA. An advocacy group properly and timely requested a hearing on its petition for writ of mandate to challenge the declaration. And although the project's description was adequate and fulfilled CEQA's purpose of presenting the major components of the project to the public for review and input, substantial evidence in the record supports a fair argument that the project may have significant environmental impacts in the areas of land use, growth, water and drainage, traffic, and cumulative impacts that, as reasonably foreseeable, require an environmental impact report under CEQA.Association for Sensible Development at Northstar, Inc. v. Placer CountyNo. C044364, 34 ELR 20110 (Cal. 3d App. Dist. Oct. 4, 2004) (31 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 amended previously issued national emission standards controlling hazardous air pollutants emitted from pushing, quenching, and battery stacks, and amended requirements for mobile scrubber cars that capture emissions occurring during pushing and travel.69 FR 60820(10/13/04).
  • EPA notified the public of the proposed consent decree agreement that addresses consolidated lawsuits filed by the Sierra Club claiming that EPA failed to carry out mandatory duties imposed by CAA §§112(d)(6) and 112(f)(2)(A) with respect to coke oven batteries and dry cleaners.69 FR 61248(10/15/04).
  • EPA confirmed the California Air Resources Board's findings that amendments to the board's heavy-duty diesel-powered vehicles and engines regulations, including the 1998 nitrogen oxide standards and 1995 urban bus standards, are within the scope of a prior waiver of federal preemption.69 FR 59922(10/6/04).
  • EPA granted California's request for a waiver of federal preemption for state regulations intended to control emissions from off-cycle aggressive driving and air conditioning usage for motor vehicles under 8,501 pounds gross vehicle weight rating.69 FR 60995(10/14/04).

ENERGY:

  • FERC notified the public that it is preparing an EA that will be used in the decisionmaking process to determine whether the proposed Empire State pipeline project in New York is a public need and in the public's best interest.69 FR 60856(10/13/04).

HAZARDOUS AND SOLID WASTES:

  • EPA entered into a proposed administrative settlement under CERCLA concerning the Beede Waste Oil Superfund site in Plaistow, New Hampshire; in this proposed fourth cashout settlement, the settling parties must pay $10,736,723.91 to resolve their liability for past work, past response costs, and future work and response costs.69 FR 59591(10/5/04).
  • EPA entered into a proposed administrative settlement under CERCLA with 29 parties concerning the Forty-Third Street Bay Drum Superfund site in Tampa, Florida.69 FR 60999(10/14/04).
  • EPA authorized changes that Nebraska made to its hazardous waste program under RCRA after determining that the changes satisfied all the requirements needed to qualify for final authorization.69 FR 59144(10/4/04).
  • EPA authorized changes to Florida's hazardous waste program under RCRA.69 FR 60964(10/14/04).
  • EPA authorized revisions to Delaware's hazardous waste program under RCRA.69 FR 60091(10/7/04).
  • EPA proposed to grant a petition submitted by Bayer Polymers to exclude a certain solid waste generated by its Baytown, Texas, facility from the lists of hazardous wastes.69 FR 59165(10/4/04).
  • EPA granted a petition by General Motors Corp. to exclude from the RCRA list of hazardous wastes up to 2,000 cubic yards of wastewater treatment sludge generated by conversion coating on aluminum, after concluding that the waste is not hazardous when disposed of in a Subtitle D landfill.69 FR 60557(10/12/04).

NATURAL RESOURCES:

  • USDA's Natural Resources Conservation Service in Indiana proposed to revise five conservation practice standards in the service's field office technical guide; the affected standards, which may be used in conservation systems that treat highly erodible land and wetlands, concern animal mortality facilities, composting facilities, closure of waste impoundments, stripcropping, and underground outlets.69 FR 60141(10/7/04).
  • The U.S. Forest Service listed the newspapers that will be used by the ranger districts, forests, and regional office of the intermountain region to publish legal notices required under 36 CFR pts. 215, 217, and 218 to inform interested members of the public of proposals and decisions and procedures to comment or appeal.69 FR 61198(10/15/04).

OSHA PROGRAM:

  • OSHA proposed to amend its standard for employee exposure to hexavalent chromium (Cr(VI)) so that an there is an eight-hour time-weighted average permissible exposure limit of one microgram of Cr(VI) per cubic meter of air; OSHA also proposed other provisions for employee protection such as methods for controlling exposure, respiratory protection, protective work clothing and equipment, hygiene areas and practices, medical surveillance, hazard communication, and recordkeeping.69 FR 59474(10/4/04).

WILDLIFE:

  • NMFS issued a temporary rule, in response to debris from Hurricane Ivan, prohibiting effective use of turtle excluder devices (TEDs) and allowing the use of limited tow times by shrimp trawlers as an alternative to TEDs in the state waters of Alabama and Mississippi, and the state waters of Louisiana west of Grand Isle.69 FR 61157(10/15/04).
  • NOAA announced the availability of the final reserve operations plan for the northwestern Hawaiian islands Coral Reef Ecosystem Reserve, which is a requirement of Executive Order No. 13178.69 FR 61207(10/15/04).
  • FWS announced that a petition to remove the Ute ladies'-tresses orchid from the ESA list of threatened species, where it was placed in 1992, presents substantial information and warrants the initiation of a status review to determine whether delisting is appropriate.69 FR 60605(10/12/04).
  • FWS proposed to designate critical habitat for the southwestern willow flycatcher, a passerine bird that nests in bogs and scrub areas and was listed as endangered under the ESA in 1995; FWS proposed 376,095 acres of critical habitat, including stream segments and associated riparian areas, in Arizona, California, Colorado, Nevada, New Mexico, and Utah.69 FR 60705(10/12/04).

DOJ NOTICES OF SETTLEMENT:

  • United States v. City of Carthage, No. 6:04-CV-451 (E.D. Tex. Sept. 30, 2004). A settling CWA defendant that discharged effluent from POTWs in Carthage, Texas, in violation of effluent limits specified in the defendant's NPDES permits must construct an improved treatment system that will use chlorination to treat effluent and meet certain operation and maintenance requirements, pay a civil penalty of $20,000, and perform a supplemental environmental project that will hook 29 residences that currently use septic tanks to city sewer lines.69 FR 61040(10/14/04).
  • United States v. Chevron Phillips Chemical Co.,No. H-04-3814 (S.D. Tex. Sept. 30, 2004). A settling CAA defendant that violated provisions associated with preventing accidental chemical releases and new source performance standards at the Pasadena Plastics Complex, the defendant's chemical manufacturing facility in Pasadena, Texas, must pay a $1.8 million civil penalty, satisfy certain work practice requirements designed to reduce chances of accidental releases of chemicals from the facility, and perform two supplemental environmental projects at a collective cost of at least $1.2 million; the first project requires the defendant to buy and install a fuel cell that will provide electricity for Moody Gardens in the Houston/Galveston nonattainment area, and the second requires the defendant to supply hazardous material equipment and training to the Pasadena Volunteer Fire Department.69 FR 61040(10/14/04).
  • United States v. Chief Consolidated Mining Co., No. 2:04CV00891 BSJ (D. Utah Sept. 22, 2004). A settling CERCLA defendant, liable for past and future costs associated with responding to releases or threatened releases of hazardous substances at the Eureka Mills Superfund site in Eureka, Utah, must satisfy a $60,000,000 confession of judgment in favor of EPA through the sale of real estate holdings, future profits (if any exist), and proceeds from insurance recovery; provide for various in-kind contributions of materials, such as clean water and soil, necessary to implement cleanup at the site; and allow EPA to construct permanent repositories for contaminated soil on the defendant's property.69 FR 61040(10/14/04).
  • United States v. City of Clyde, No. 3:04CV7587 (N.D. Ohio Sept. 29, 2004). A settling CWA defendant that in 1994, 1997, and 2002 discharged effluent from a POTW in excess of effluent limits contained in its NPDES permits, failed to comply with monitoring requirements contained in those permits, and failed to comply with an EPA-issued administrative order must come into compliance with its current NPDES permit; prepare a long-term control plan, which must include installation of a compliance control screen, monitoring of outfall from the POTW, and reporting requirements, to ensure that regulating agencies remain in compliance with the permit; and pay a $35,000 penalty.69 FR 61041(10/14/04).
  • United States v. France Shipmanagement S.A., No. 04-cv-048-7-JHR-JBR (D.N.J. Sept. 30, 2004). A settling OPA defendant responsible for an oil spill from the tank vessel Anitra, which occurred in May 1996 in the Big Stone anchorage of the Delaware Bay, must pay $1,500,000 in natural resource damages to the state of New Jersey and federal trustees; $237,000 of that amount has been or will be used to reimburse assessment costs, and the remaining $1,273,000 will be used for restoration projects.69 FR 61041(10/14/04).
  • United States v. Mississippi Bakery, No. 304CV80102 (S.D. Iowa Sept. 20, 2004). A settling CAA defendant must pay a civil penalty of $60,000 and perform injunctive relief to address violations of CAA industrial refrigerant repair, testing, recordkeeping, and reporting regulations that occurred at the defendant's facility in Burlington, Iowa.69 FR 61042(10/14/04).
  • United States v. City of Plainview, No. 5-04CV0218-C (N.D. Tex. Sept. 30, 2004). A settling CWA defendant that violated its NPDES permit at POTWs in Plainview, Texas, by discharging pollutants in excess of permit-specified effluent limitations, failing to comply with final effluent limitations for ammonia-nitrogen by March 1, 2000, and failing to operate and maintain its POTWs as required by the NPDES permit must pay a $75,000 civil penalty; implement and comply with a comprehensive management, operation, and prevention maintenance program for its POTWs; and provide quarterly and annual reports concerning that maintenance program to EPA and the state of Texas.69 FR 61042(10/14/04).
  • United States v. Velsicol Chemical Corp., No. 82-10303 (E.D. Mich. Oct. 8, 2004). A stipulated order would substitute the custodial trust created in the bankruptcy settlement agreementIn re Fruit of the Loom, Inc., No. 99-4497 (Bankr. Ct. D. Del.), for the defendant and would reduce the defendant's obligations under the 1982 consent judgment concerning the St. Louis facility in St. Louis, Michigan.69 FR 61043(10/14/04).

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

THE CONGRESS

CHAMBER ACTION:

  • S. 33 (Ozark-St. Francis and Ouachita National Forests), which would authorize the Secretary of Agriculture to sell or exchange all or part of certain administrative sites and other land in the Ozark-St. Francis and Ouachita National Forests and to use funds derived from the sale or exchange to acquire, construct, or improve administrative sites, was passed by the House. 150 Cong. Rec. H8139 (daily ed. Oct. 5, 2004).
  • S. 144 (Noxious Weed Control Act of 2004), which would require the Secretary of the Interior to establish a program to provide assistance through states to eligible weed management entities to control or eradicate harmful, nonnative weeds on public and private land, was passed by the House, 150 Cong. Rec. H7971 (daily ed. Oct. 4, 2004), and the Senate, clearing the measure for the President. 150 Cong. Rec. S11185 (daily ed. Oct. 10, 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 House. 150 Cong. Rec. H8352 (daily ed. Oct. 6, 2004).
  • S. 437 (Arizona Water Settlements Act), which would provide for adjustments to the Central Arizona Project in Arizona to authorize the Gila River Indian Community water rights settlement and to reauthorize and amend the Southern Arizona Water Rights Settlement Act of 1982, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 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 House, clearing the measure for the President. 150 Cong. Rec. H7970 (daily ed. Oct. 4, 2004).
  • S. 1433 (Upper Connecticut River Partnership Act), which would authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the states of New Hampshire and Vermont, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 1466 (Alaska Land Transfer Acceleration Act), which would facilitate the transfer of land in the state of Alaska, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 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 House. 150 Cong. Rec. H7955 (daily ed. Oct. 4, 2004).
  • S. 1614 (Upper White Salmon Wild and Scenic Rivers Act), which would designate a portion of White Salmon River as a component of the National Wild and Scenic Rivers System, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 1791 (Amending the Lease Lot Conveyance Act of 2002), 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 House, clearing the measure for the President. 150 Cong. Rec. H8349 (daily ed. Oct. 6, 2004).
  • S. 1814 (land transfer), which would transfer federal lands between the Secretary of Agriculture and the Secretary of the Interior, was passed by the House, clearing the measure for the President. 150 Cong. Rec. H7972 (daily ed. Oct. 4, 2004).
  • S. 2142 (New Jersey Coastal Heritage Trail Route Authorization), which would authorize appropriations for the New Jersey Coastal Heritage Trail Route, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 2178 (National Park System Laws Technical Amendments Act of 2004), which would make technical corrections to laws relating to certain units of the National Park System and to National Park programs, was passed by the House, clearing the measure for the President. 150 Cong. Rec. H8351 (daily ed. Oct. 6, 2004).
  • S. 2181 (Rocky Mountain National Park Boundary Adjustment), which would adjust the boundary of Rocky Mountain National Park in the state of Colorado, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 2319 (Tapoco Project Licensing Act of 2004), which would authorize and facilitate hydroelectric power licensing of the Tapoco Project, was passed by the House, clearing the measure for the President. 150 Cong. Rec. H7954 (daily ed. Oct. 4, 2004).
  • S. 2334 (Caribbean National Forest Act), which would designate certain National Forest System land in the commonwealth of Puerto Rico as components of the National Wilderness Preservation System, was passed by the Senate. 150 Cong. Rec. S11127(daily ed. Oct. 10, 2004).
  • S. 2408 (Montana National Forests Boundary Adjustment Act), which would adjust the boundaries of the Helena, Lolo, and Beaverhead-Deerlodge National Forests in the state of Montana, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 2495 (Coastal Wetland Conservation Projects Extension), which would strike limitations on funding and extend the period of authorization for certain coastal wetland conservation projects, was passed by the Senate. 150 Cong. Rec. S10185 (daily ed. Sept. 30, 2004).
  • S. 2511 (Chimayo Water Supply System and Espanola Filtration Facility Act of 2004), 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 House, clearing the measure for the President. 150 Cong. Rec. H8350 (daily ed. Oct. 6, 2004).
  • S. 2567 (Redwood National Park Boundary Adjustment Act), which would adjust the boundary of Redwood National Park in the state of California, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 2622 (Pecos National Historical Park Exchange Act), which 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, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • S. 2691 (Long Island Sound Stewardship Act), which would establish the Long Island Sound Stewardship Initiative, was passed by the Senate. 150 Cong. Rec. S11327 (daily ed. Oct. 11, 2004).
  • S. 2847 (Water Resources Act Authorization), which would reauthorize the Water Resources Act of 1984, was passed by the Senate. 150 Cong. Rec. S11327 (daily ed. Oct. 11, 2004).
  • H.R. 1113 (Fort Frederica National Monument Land Exchange), which would authorize an exchange of land at Fort Frederica National Monument, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 1446 (California Missions Preservation Act), which would support the efforts of the California Missions Foundation to restore and repair the Spanish colonial and mission-era missions in the state of California and to preserve the artworks and artifacts of these missions, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 1630 (Petrified Forest National Park Expansion Act of 2003), which would revise the boundary of the Petrified Forest National Park in the state of Arizona, was passed by the House, 150 Cong. Rec. H7950 (daily ed. Oct. 4, 2004), and the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 1964 (Highlands Conservation Act), which would assist the states of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources in the Highlands region, was passed by the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 2129 (Taunton, Massachusetts Special Resources Study Act), which would direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, was passed by the House. 150 Cong. Rec. H7951 (daily ed. Oct. 4, 2004).
  • H.R. 2408 (National Wildlife Refuge Volunteer Act), which would amend the Fish and Wildlife Act of 1956 to reauthorize volunteer programs and community partnerships for national wildlife refuges, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S10186 (daily ed. Sept. 30, 2004).
  • H.R. 2771 (SDWA), which would amend the SDWA to reauthorize the New York City Watershed Protection Program, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S10185 (daily ed. Sept. 30, 2004).
  • H.R. 2828 (Water Supply, Reliability, and Environmental Improvement Act), 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 House, clearing the measure for the President. 150 Cong. Rec. H8224 (daily ed. Oct. 6, 2004).
  • H.R. 2960 (Amending the Reclamation Wastewater and Groundwater Study and Facilities Act), which 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, was passed by the House. 150 Cong. Rec. H7965 (daily ed. Oct. 4, 2004).
  • H.R. 3056 (John H. Chafee Coast Barrier Boundary Clarification), 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 Senate, clearing the measure for the President. 150 Cong. Rec. S11327 (daily ed. Oct. 11, 2004).
  • H.R. 3217 (land conveyance), which would provide for the conveyance of several small parcels of National Forest System land in the Apalachicola National Forest, Florida, to resolve boundary discrepancies involving the Mt. Trial Primitive Baptist Church of Wakulla County, Florida, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S11330 (daily ed. Oct. 11, 2004).
  • H.R. 3391 (Provo River Project Transfer Act), which would authorize the Secretary of the Interior to convey certain lands and facilities of the Provo River Project, was passed by the House, 150 Cong. Rec. H7965 (daily ed. Oct. 4, 2004), and the Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 3479 (Brown Tree Snake Control and Eradication Act), 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 Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 3514 (Pennsylvania National Forest Improvement Act of 2003), which would authorize the Secretary of Agriculture to convey certain lands and improvements associated with the National Forest System in the state of Pennsylvania, was passed by the House. 150 Cong. Rec. H8113 (daily ed. Oct. 5, 2004).
  • H.R. 3706 (John Muir National Historic Site Boundary Adjustment Act), which would adjust the boundary of the John Muir National Historic Site, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 3819 (Lewis and Clark National Historical Park Designation Ac), which would redesignate Fort Clatsop National Memorial as the Lewis and Clark National Historical Park and include in the park sites in the state of Washington as well as the state of Oregon, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 3982 (land conveyance), which would direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the city of Richfield, Utah, was passed by the House. 150 Cong. Rec. H7969 (daily ed. Oct. 4, 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 Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 4115 (Salt River Pima-Maricopa Indian Reservation), which would amend the Act of November 2, 1966 (80 Stat. 1112), to allow binding arbitration clauses to be included in all contracts affecting the land within the Salt River Pima-Maricopa Indian Reservation, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S9989 (daily ed. Sept. 29, 2004).
  • H.R. 4389 (Santa Margarita River), which would authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, was passed by the House. 150 Cong. Rec. H7967 (daily ed. Oct. 4, 2004).
  • H.R. 4470 (Federal Water Pollution Control Act (FWPCA)), which would amend FWPCA to extend the authorization of appropriations for the Lake Pontchartrain Basin Restoration Program from fiscal year 2005 to 2010, was passed by the House. 150 Cong. Rec. H8337 (daily ed. Oct. 6, 2004).
  • H.R. 4481 (Wilson's Creek National Battlefield Boundary Adjustment Act), 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 Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 4579 (Truman Farm Home Expansion Act), which would modify the boundary of the Harry S Truman National Historic Site in the state of Missouri, was passed by the Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 4593 (Lincoln County Conservation, Recreation, and Development Act of 2004), which would establish wilderness areas, promote conservation, improve public land, and provide for the high quality development in Lincoln County, Nevada, was passed by the House, 150 Cong. Rec. H7958 (daily ed. Oct. 4, 2004), and the Senate. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H.R. 4731 (FWPCA), which would amend FWPCA to reauthorize the National Estuary Program, was passed by the House, 150 Cong. Rec. H7811 (daily ed. Sept. 29, 2004), and the Senate, clearing the measure for the President. 150 Cong. Rec. S11326 (daily ed. Oct. 11, 2004).
  • H.R. 4794 (Amending the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000), which would amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations, was passed by the House. 150 Cong. Rec. H8338 (daily ed. Oct. 6, 2004).
  • H.R. 4827 (Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Act of 2000 Amendment Act), 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 Senate, clearing the measure for the President. 150 Cong. Rec. S11127 (daily ed. Oct. 10, 2004).
  • H. Res. 818 (Falcon International Dam), which would celebrate the 50th anniversary of the opening of the Falcon International Dam, recognizing the dam's importance as a source of water and power and as a symbol of friendship and cooperation between the United States and the United Mexican States, and urging Mexico to honor all of its obligations under the 1944 Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, was passed by the House. 150 Cong. Rec. H8398 (daily ed. Oct. 6, 2004).

COMMITTEE ACTION:

  • S. 434 (National Forest System), was reported by the Committee on Resources. H. Rep. No. 108-740, 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill would authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the state of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes.
  • S. 551 (air quality), was reported by the Committee on Resources, H. Rep. No. 108-712, pt. 1, 150 Cong. Rec. H7944 (daily ed. Sept. 30, 2004), and by the Committee on Energy and Commerce. H. Rep. No. 108-712, pt. 2., 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004). The bill would provide for the implementation of air quality programs developed in accordance with an Intergovernmental Agreement between the Southern Ute Indian Tribe and the state of Colorado concerning Air Quality Control on the Southern Ute Indian Reservation.
  • S. 1438 (hydropower), was reported by the Committee on Indian Affairs. S. Rep. No. 108-397, 150 Cong. Rec. S10845 (daily ed. Oct. 8, 2004). The bill would provide for equitable compensation of the Spokane Tribe of Indians of the Spokane Reservation in settlement of claims of the Tribe concerning the contribution of the Tribe to the production of hydropower by the Grand Coulee Dam, with an amendment in the nature of a substitute.
  • S. 1814 (land transfer), was reported by the Committee on Resources. H. Rep. 108-716, pt. 1, 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004). The bill would transfer federal lands between the Secretary of Agriculture and the Secretary of the Interior.
  • S. 2280 (ocean exploration), was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 108-400, 150 Cong. Rec. S11305 (daily ed. Oct. 11, 2004). The bill would establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.
  • S. 2488 (marine environment), was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 108-401, 150 Cong. Rec. S11305 (daily ed. Oct. 11, 2004). The bill would establish a program within the National Oceanic and Atmospheric Administration and the United States Coast Guard to help identify, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with non-federal entities.
  • S. 2489 (mapping), was reported by the Committee on Commerce, Science, and Transportation. 150 Cong. Rec. S11305, S. Rep. No. 108-402 (daily ed. Oct. 11, 2004). The bill would establish a program within the National Oceanic and Atmospheric Administration to integrate federal coastal and ocean mapping activities, with an amendment in the nature of a substitute.
  • S. 2550 (water and wastewater), was reported by the Committee on Environment and Public Works. S. Rep. No. 108-386, 150 Cong. Rec. S10702 (daily ed. Oct. 7, 2004). The bill would amend the FWPCA and the SDWA to improve water and wastewater infrastructure in the United States, with an amendment in the nature of a substitute.
  • S. 2605 (water rights), was reported by the Committee on Indian Affairs. The bill would direct the Secretary of the Interior and the heads of other federal agencies to carry out an agreement resolving major issues relating to the adjudication of water rights in the Snake River Basin, Idaho, with an amendment in the nature of a substitute. (S. Rep. No. 108-389) S10702 (daily ed. Oct. 7, 2004)
  • H.R. 1630 (boundary modification), was reported by the Committee on Resources. H. Rep. No. 108-713, 150 Cong. Rec. H7944 (daily ed. Sept. 30, 2004). The bill would revise the boundary of the Petrified Forest National Park in the state of Arizona.
  • H.R. 3176 (wilderness), was reported by the Committee on Resources. H. Rep. No. 108-717, 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004). The bill would designate the Ojito Wilderness Study Area as wilderness and take certain land into trust for the Pueblo of Zia.
  • H.R. 3207 (National Park System), was reported by the Committee on Resources. H. Rep. No. 108-744), 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill 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.
  • H.R. 3391 (land conveyance), was reported by the Committee on Resources. H. Rep. No. 108-719, 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004). The bill would authorize the Secretary of the Interior to convey certain lands and facilities of the Provo River Project.
  • H.R. 3982 (land conveyance), was reported by the Committee on Resources. H. Rep. No. 108-715, 150 Cong. Rec. H7944 (daily ed. Sept. 30, 2004). The bill would direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the city of Richfield, Utah.
  • H.R. 4285 (land conveyance), was reported by the Committee on Resources. H. Rep. 108-741, 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill would provide for the conveyance of certain public land in Clark County, Nevada, for use as a heliport.
  • H.R. 4389 (water resources), was reported by the Committee on Resources. H. Rep. 108-718, pt. 1, 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004). The bill would authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California.
  • H.R. 4588 (Lower Rio Grande Valley), was reported by the Committee on Resources. H. Rep. No. 108-758, 150 Cong. Rec. H8856 (daily ed. Oct. 7, 2004). The bill would amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act.
  • H.R. 4593 (wilderness), was reported by the Committee on Resources. H. Rep. 108-720, 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004). The bill would establish wilderness areas, promote conservation, improve public land, and provide for the high quality development in Lincoln County, Nevada.
  • H.R. 4650 (reclamation), was reported by the Committee on Resources. H. Rep. No. 108-759, 150 Cong. Rec. H8856 (daily ed. Oct. 7, 2004). The bill would to amend the Act entitled "An Act to provide for the construction of the Cheney division, Witchita Federal reclamation project, Kansas, and for other purposes" to authorize the Equus Beds Division of the Wichita Project.
  • H.R. 4667 (hydroelectric power), was reported by the Committee on Energy and Commerce. H. Rep. No. 108-721, pt. 1, 150 Cong. Rec. H8037 (daily ed. Oct. 4, 2004), and the the Committee on Resources. H. Rep. No. 108-721, pt. 2, 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill would authorize and facilitate hydroelectric power licensing of the Tapoco Project.
  • H.R. 4775 (reclamation), was reported by the Committee on Resources. H. Rep. No. 108-760, 150 Cong. Rec. H8856 (daily ed. Oct. 7, 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 El Paso, Texas, water reclamation, reuse, and desalinization project.
  • H.R. 4817 (boundary dispute), was reported by the Committee on Resources. H. Rep. No. 108-714, 150 Cong. Rec. H7944 (daily ed. Sept. 30, 2004). The bill would facilitate the resolution of a minor boundary encroachment on lands of the Union Pacific Railroad Company in Tipton, California, which were originally conveyed by the United States as part of the right-of-way granted for the construction of transcontinental railroads.
  • H.R. 4887 (boundary adjustment), was reported by the Committee on Resources. H. Rep. No. 108-738, 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill would adjust the boundary of the Cumberland Island Wilderness to authorize tours of the Cumberland Island National Seashore.
  • H.R. 4893 (dams), was reported by the Committee on Resources. H. Rep. No. 108-757, 150 Cong. Rec. H8856 (daily ed. Oct. 7, 2004). The bill would authorize additional appropriations for the Reclamation Safety of Dams Act of 1978.
  • H.R. 4984 (mineral royalties), was reported by the Committee on Resources. H. Rep. No. 108-739, 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill would provide that the royalty rate on the output from federal lands of potassium and potassium compounds from the mineral sylvite in the five-year period beginning on the date of the enactment of this Act shall be reduced to 1%.
  • H. Res. 556 (U.S. Geological Survey), was reported by the Committee on Resources. H. Rep. No. 108-745, 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The resolution would congratulate the U.S. Geological Survey on its 125th Anniversary.

BILLS INTRODUCED:

  • S. 2857 (Graham, D-Fla.) (ecosystem restoration), would authorize ecosystem restoration projects for the Indian River Lagoon and the Picayune Strand, Collier County, in the state of Florida. 150 Cong. Rec. S9936 (daily ed. Sept. 29, 2004). The bill was referred to the Committee on Environment and Public Works.
  • S. 2859 (Murkowski, R-Alaska) (aquaculture), would amend the National Aquaculture Act of 1980 to prohibit the issuance of permits for marine aquaculture facilities until requirements for such permits are enacted into law. 150 Cong. Rec. S9936 (daily ed. Sept. 29, 2004). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 2865 (Dayton, D-Minn.) (fuel), would require that automobiles and light trucks are able to operate on a fuel mixture that is at least 85% ethanol, and for other purposes. 150 Cong. Rec. S9936 (daily ed. Sept. 29, 2004). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2878 (Campbell, R-Colo.) (Native Americans; land acquisition), would amend the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and the Yurok Tribe, and for other purposes. 150 Cong. Rec. S10061 (daily ed. Sept. 30, 2004). The bill was referred to the Committee on Indian Affairs.
  • S. 2890 (Kennedy, D-Mass.) (boundary modification), would modify the boundary of Lowell National Historical Park, and for other purposes. 150 Cong. Rec. S10436 (daily ed. Oct. 5, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2891 (Leahy, D-Vt.) (National Forest System), would authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the state of Vermont. 150 Cong. Rec. S10436 (daily ed. Oct. 5, 2004). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 2899 (Carper, D-Del.) (National Park System), would authorize the Secretary of the Interior to conduct a special resources study to evaluate resources along the coastal region of the state of Delaware and to determine the suitability and feasibility of establishing one or more units of the National Park System in Delaware, and for other purposes. 150 Cong. Rec. S10568 (daily ed. Oct. 6, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2904 (Campbell, R-Colo.) (land exchange), would authorize the exchange of certain land in the state of Colorado. 150 Cong. Rec. S10568 (daily ed. Oct. 6, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2909 (Specter, R-Pa.) (natural gas pipeline), would authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area. 150 Cong. Rec. S10568 (daily ed. Oct. 6, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2914 (Mikulski, 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. S10702 (daily ed. Oct. 7, 2004). The bill was referred to the Committee on Finance.
  • S. 2936 (Campbell, R-Colo.) (Native Americans; takings), would restore land to the Enterprise Rancheria to rectify an inequitable taking of the land. 150 Cong. Rec. S10703 (daily ed. Oct. 7, 2004). The bill was to the Committee on Indian Affairs.
  • S. 2948 (Leahy, D-Vt.) (National Forest System), would authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the state of Vermont. 150 Cong. Rec. S10845 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 2951 (Hatch, R-Utah) (Native Americans; land conveyance), would direct the Secretary of the Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the city of Richfield, Utah, and for other purposes. 150 Cong. Rec. S10845 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Indian Affairs.
  • S. 2952 (McCain, R-Ariz.) (hazardous materials transportation), would amend title 49, United States Code, to provide the Department of Transportation a more focused research organization, to improve pipeline and hazardous materials transportation safety, and for other purposes. 150 Cong. Rec. S10845 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2953 (Clinton, D-N.Y.) (public health), would amend the Public Health Service Act to establish a Coordinated Environmental Health Network, and for other purposes. 150 Cong. Rec. S10845 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 2954 (Bennett, R-Utah) (land exchange), would authorize the exchange of certain land in Grand and Uintah Counties, Utah, and for other purposes. 150 Cong. Rec. S10846 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2958 (Smith, R-Or.) (water resource), would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a water resource feasibility study for the Little Bear/Bear Creek Subbasins in Oregon. 150 Cong. Rec. S10846 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2970 (Snowe, R-Me.) (navigation), would redesignate the project for navigation, Saco River, Maine, as an anchorage area. 150 Cong. Rec. S10986 (daily ed. Oct. 9, 2004). The bill was referred to the Committee on Environment and Public Works.
  • S. 2978 (Reid, D-Nev.) (hunting and fishing), concerns the state regulation of access to hunting and fishing. 150 Cong. Rec. S11305 (daily ed. Oct. 11, 2004). The bill was referred to the Committee on the Judiciary.
  • H.R. 5165 (Blunt, R-Mo.) (CAA), would amend the CAA to reduce the proliferation of boutique fuels, and for other purposes. 150 Cong. Rec. H7863 (daily ed. Sept. 29, 2004). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5176 (DeGette, D-Colo.) (Rocky Mountain Arsenal National Wildlife Refuge), would amend the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 to rename the Rocky Mountain Arsenal National Wildlife Refuge as the Pat Schroeder National Wildlife Refuge. 150 Cong. Rec. H7863 (daily ed. Sept. 29, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5190 (Kelly, R-N.Y.) (dams), would amend the National Dam Safety Program Act to establish a program to provide grant assistance to states for the rehabilitation and repair of deficient dams. 150 Cong. Rec. H7944 (daily ed. Sept. 30, 2004). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5192 (Renzi, R-Ariz.) (boundary modification), would modify the boundary of the Casa Grande Ruins National Monument, and for other purposes. 150 Cong. Rec. H7944 (daily ed. Sept. 30, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5205 (Case, D-Haw.) (boundary extension), would extend the boundary of the Hawai`i Volcanoes National Park in the state of Hawaii. 150 Cong. Rec. H8038 (daily ed. Oct. 4, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5209 (Meehan, D-Mass.) (boundary adjustment), would adjust the boundary of Lowell National Historical Park, and for other purposes. 150 Cong. Rec. H8038 (daily ed. Oct. 4, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5231 (Capps, D-Cal.) (land conservation), would designate the Piedras Blancas Light Station and the surrounding public land as an Outstanding Natural Area to be administered as a part of the National Landscape Conservation System, and for other purposes. 150 Cong. Rec. H8407 (daily ed. Oct. 6, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5232 (Foley, R-Fla.) (ecosystem restoration), would authorize ecosystem restoration projects for the Indian River Lagoon and the Picayune Strand, Collier County, in the state of Florida. 150 Cong. Rec. H8408 (daily ed. Oct. 6, 2004). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5234 (McKeon, R-Cal.) (groundwater), would remediate groundwater contamination caused by perchlorates in the city of Santa Clarita, California. 150 Cong. Rec. H8408 (daily ed. Oct. 6, 2004). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5302 (Bass, R-N.H.) (renewable energy), would promote the purchase of renewable energy systems, and for other purposes. 150 Cong. Rec. H9047 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Energy and Commerce and the Committee on Ways and Means.
  • H.R. 5308 (Costello, D-Ill.) (SMCRA), would amend SMCRA to modify requirements relating to transfers from the Abandoned Mine Reclamation Fund, and for other purposes. 150 Cong. Rec. H9048 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5312 (Eshoo, D-Cal.) (Forest and Rangeland Renewable Resources Planning Act), would amend the Forest and Rangeland Renewable Resources Planning Act of 1974 and related laws to strengthen the protection of native biodiversity and ban clearcutting on federal land, and to designate certain federal land as Ancient forests, roadless areas, watershed protection areas, and special areas where logging and other intrusive activities are prohibited. 150 Cong. Rec. H9048 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Agriculture and the Committee on Resources.
  • H.R. 5314 (Filner, D-Cal.) (motor 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. H9048 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5319 (Herseth, D-S.D.) (renewable energy), would provide incentives for investment in renewable energy facilities. 150 Cong. Rec. H9048 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Ways and Means.
  • H.R. 5330 (Matheson, D-Utah) (land exchange), would authorize and direct the exchange of lands in Grand and Uintah Counties, Utah, and for other purposes. 150 Cong. Rec. H9049 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5333 (Miller, R-Fla.) (coastal barrier), would replace a Coastal Barrier Resources System map relating to Coastal Barrier Resources System Grayton Beach Unit FL-95P in Walton County, Florida. 150 Cong. Rec. H9049 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5335 (Pelosi, D-Cal.) (public health), would amend the Public Health Service Act to establish a Coordinated Environmental Health Network, and for other purposes. 150 Cong. Rec. H9049 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5343 (Simpson, R-Idaho) (National Forest System), would promote the economic development and recreational use of National Forest System lands and other public lands in central Idaho, to designate certain lands in the Challis National Forest, the Sawtooth National Recreation Area, and the Challis District of the BLM as the Boulder-White Cloud Management Area to ensure the continued management of these lands for recreational use as well as for conservation and resource protection, to add certain National Forest System lands and BLM lands in central Idaho to the National Wilderness Preservation System, and for other purposes. 150 Cong. Rec. H9049 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5344 (Solis, D-Cal.) (SDWA), would amend the SDWA to require a national primary drinking water regulation for perchlorate. 150 Cong. Rec. H9049 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5348 (Tauzin, R-La.) (National Heritage Area), would establish the Atchafalaya National Heritage Area, Louisiana, and for other purposes. 150 Cong. Rec. H9049 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5352 (Woolsey, D-Cal.) (boundary expansion), would expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary. 150 Cong. Rec. H9050 (daily ed. Oct. 8, 2004). The bill was referred to the Committee on Resources.
  • H.R. 5358 (Souder, R-Ind.) (national parks), would eliminate the annual operating deficit and maintenance backlog in the national parks, and for other purposes. 150 Cong. Rec. H9184 (daily ed. Oct. 9, 2004). The bill was referred to the Committee on Resources and the Committee on Ways and Means.
  • H. Con. Res. 503 (Pallone, D-N.J.) (Bhopal disaster), would recognize the 20th anniversary of the Bhopal disaster and expressing the commitment of Congress to work with the Government of India and others to ensure that Union Carbide provides environmental and medical rehabilitation of the affected area and is held responsible for its actions. 150 Cong. Rec. H7864 (daily ed. Sept. 29, 2004). The concurrent resolution was referred to the Committee on International Relations.
  • H. Res. 818 (Rodriguez, D-Tex.) (dams), would celebrate the 50th anniversary of the opening of the Falcon International Dam, recognizing the dam's importance as a source of water and power and as a symbol of friendship and cooperation between the United States and the United Mexican States, and urging Mexico to honor all of its obligations under the 1944 Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande. 150 Cong. Rec. H8038 (daily ed. Oct. 4, 2004). The resolution was referred to the Committee on International Relations. 150 Cong. Rec. H8038 (daily ed. Oct. 4, 2004).

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 Convention on International Trade in Endangered Specieslistedthe great white shark on its Appendix II list.
  • Political agreement wasreachedby the European Union (EU) Environment Council on a proposed Directive to minimize adverse environmental effects of waste from the extractive industries (mining and quarrying). "The text agreed by the Council offers a good framework to tackle pollution problems posed by mining and quarrying waste--not only during the operation of waste facilities, but also after their closure," said Environment Commissioner Margot Wallström. "In particular, it will help prevent serious accidents such as in Spain in 1998 and at the gold mine in Baia Mare in Romania. I myself was at Baia Mare and saw the dreadful effects that the cyanide-polluted water had on fish and plants in the affected rivers and on nearby wildlife."
  • TheGlobal Amphibian Assessment, a project of Conservation International (CI), IUCN-The World Conservation Union, and NatureServe, was published. The study concludes that 122 amphibian species have become extinct since 1980 and that one-third of the remaining ones face extinction. "Amphibians are one of nature's best indicators of overall environmental health," said Russell A. Mittermeier, president of CI. "Their catastrophic decline serves as a warning that we are in a period of significant environmental degradation." "After birds and mammals, amphibians are the third group of species to be completely evaluated on a global scale. This study significantly expands our current knowledge and provides a baseline from which we can monitor our impact on the environment over time," said Achim Steiner, Director General of IUCN-The World Conservation Union. "The fact that one third of amphibians are in a precipitous decline tells us that we are rapidly moving towards a potentially epidemic number of extinctions."

CLIMATE CHANGE:

  • Researchersdiscussedthe significance of a recent significant rise in levels of atmospheric carbon dioxide.
  • A coalition of churches in the United Kingdom and Ireland began acampaignto increase public awareness of climate change.
  • Sir David King, the U.K. government's chief scientific advisor,saidthat climate change is "the most serious issue facing us this century and beyond," and that irreversible significant adverse effects will occur, given present trends, within 60 years or less.
  • Carbon tradingpricingjumped upon news of Russia's decision to ratify the Kyoto Protocol.
  • The EU's Environment Council reached anagreementon a Directive dealing with fluorinated gases used in air conditioning systems in vehicles, and a regulation tackling stationary applications, based on a proposal made by the Commission in August 2003.

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

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