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Weekly Update Volume 35, Issue 12

04/25/2005

LITIGATION

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

CERCLA, VOLUNTARY CLEANUP, RCRA, NUISANCE:

A district court dismissed a water district's nuisance and CERCLA cost recovery claims against a chemical company for contamination on its land, but denied the company's motion to dismiss the water district's contribution and RCRA claims against it. In Cooper Industries, Inc. v. Aviall Services, Inc., 125 S. Ct. 577, 34 ELR 20154 (2004), the U.S. Supreme Court held that relief under CERCLA §113(f)(1) is limited to those who have already been the subject of a civil suit. Here, the water district voluntarily undertook cleanup efforts. In light of Aviall, therefore, the water district does not have a cause of action for cost recovery under §113(f)(1). However, it may seek contribution under §107(a). In addition, the water district may bring a citizen action against the company under RCRA because it qualifies as "any person" under the Act. But the court dismissed the water district's nuisance claim because the property at issue was leased by the district to the company. A nuisance claim should not be brought by a lessor against a lessee because there is no neighboring or contemporaneous use of the property. Metropolitan Water Reclamation District of Greater Chicago v. Lake River Corp., No. 03 C 0754, 35 ELR 20084 (N.D. Ill. Apr. 12, 2005) (Zagel, J.) (9 pp.).

INVERSE CONDEMNATION, CONTAMINATION:

The Federal Circuit upheld the dismissal of landowners' inverse condemnation suit against the federal government alleging that their property was contaminated by trichloroethylene (TCE) as the result of government actions at a U.S. Air Force base. The landowners failed to point to some evidence presenting a genuine issue of material fact with regard to whether the contamination of their property with TCE was the foreseeable or predictable result of the government's authorized use of TCE on the base. Proof of causation, alone, is not sufficient for liability in an inverse condemnation case. Their suit, therefore, was properly dismissed for failure to state a claim. Moden v. United States, No. 04-5092, 35 ELR 20082 (Fed. Cir. Apr. 15, 2005) (19 pp.).

INTERSTATE COMMERCE COMMISSION TERMINATION ACT, PRECONSTRUCTION PERMITS, PREEMPTION:

The Second Circuit held that a Vermont environmental land use statute cannot impose preconstruction permit requirements on proposed railroad transloading facilities. The statute's preconstruction permit requirements are preempted by the Interstate Commerce Commission Termination Act. The permit requirements unduly interfere with interstate commerce by giving the local body the ability to deny the carrier the right to construct facilities or conduct operations, and it could allow a local body to delay construction of railroad facilities almost indefinitely. Green Mountain Railroad Corp. v. Vermont, No. 04-0366, 35 ELR 20081 (2d Cir. Apr. 14, 2005) (20 pp.).

FEDERAL POWER ACT (FPA), LICENSE RENEWAL:

The D.C. Circuit held that in renewing a company's license to operate a hydroelectric project, FERC did not err in requiring the company to develop and implement a plan to monitor invasive plant species at the project. FERC has authority to require the plant control plan pursuant to the directive in FPA §10(j)(1) "to equitably protect, mitigate damages to, and enhance, fish and wildlife" that are "affected by" the company's "development, operation, and management of the project." Nor did FERC err in requiring the company to submit a land management plan sufficient to resolve FERC's concerns about modifying the project's boundary. FERC did not act arbitrarily or capriciously in requiring additional data about the specific location of the types of land to be removed to enable it to make an informed determination of which land to remove from the project boundary. Rhinelander Paper Co. v. Federal Energy Regulatory Commission, No. 04-1133, 35 ELR 20079 (D.C. Cir. Apr. 12, 2005) (13 pp.).

NATURAL GAS ACT, JURISDICTION:

The Fifth Circuit vacated FERC's decision that two natural gas pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to FERC jurisdiction's under the Natural Gas Act. Natural gas flows from gathering pipelines into the pipelines at issue, which then flow to another gathering pipeline. Given this scenario, it would be inconsistent to designate the pipelines at issue as transportational pipelines. Jupiter Energy Corp. v. Federal Energy Regulatory Commission, No. 04-60041, 35 ELR 20080 (5th Cir. Apr. 13, 2005) (9 pp.).

WATER LAW, KNOWING VIOLATION, REFUNDS:

The Texas Supreme Court held that a utility company knowingly violated the Texas Water Code by charging its customers unauthorized fees. There is legally sufficient evidence in the record to support the trial court's finding that the utility company knew it was charging fees that were not approved on its tariff schedule by the state. In addition, the Attorney General may seek customer refunds in the district court to compel compliance with the Water Code's statutory provisions. Nothing in the applicable provisions says that an administrative order is a prerequisite to a judicial one in an action brought to require a utility's compliance with the Water Code. Texas Natural Resource Conservation Commission v. Lakeshore Utility Co., No. 02-0988, 35 ELR 20077 (Tex. Apr. 8, 2005) (18 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), WATER RIGHTS:

A California appellate court upheld two irrigation districts' decisions to assign water rights to a city. The districts did not improperly segment environmental review of the two assignment approvals. The assignments involved separate water rights, they transfer different amounts of water, and they occur under separately negotiated agreements that contain different terms from each other. Further, the districts evaluated cumulative impacts, including cumulative growth-inducing impacts, in the manner required by CEQA, and there is no evidence in the record that the assignments will induce growth not already planned and evaluated on a macro level in the general plan and the general plan EIR. Last, the districts adequately determined what effect cutbacks in delivery of Central Valley Project water would have on the environment. The lower court, therefore, properly denied an environmental group's petition for review under CEQA. Sierra Club v. West Side Irrigation District, Nos. C044989, C045015, 35 ELR 20078 (Cal. App. 3d Dist. Apr. 20, 2005) (21 pp.).

PUBLIC TRUST, LAND EXCHANGE:

A California appellate court reversed the approval of a land exchange agreement that conveyed out of the public trust 3 acres of former tidelands that have been filled in exchange for 10 acres along the Los Angeles River. California Public Resource Code §6307 requires that the underlying purpose of an exchange be "to enhance the configuration of the shorelines for the improvement of the water and upland." This denotes a change to the physical shoreline or construction of an improvement at the shoreline. The exchange at issue does neither. Although the tidelands have been filled, §6307 makes no exception for land that is currently being used for purposes other than those enumerated in the statute. And contrary to the lower court's reasoning for upholding the approval, the statute is silent on the issue of access or utility. The exchange, therefore, violates the criteria set forth in §6307. California Earth Corps v. California State Lands Commission, No. C041603, 35 ELR 20085 (Cal. App. 3d Dist. Apr. 21, 2005) (36 pp.).

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

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

AIR:

  • EPA issued technology-based national emission standards to control hazardous air pollutants emitted by coke oven batteries; these amended standards address residual risks under CAA §112(f) and the eight-year review requirements of CAA §112(d)(6). 70 FR 20015 (4/15/05).
  • EPA, after monitoring data collected over a three-year period, announced air quality designations under the NAAQS for fine particulate matter; the Agency designated 47 areas composed of 224 counties and the District of Columbia as nonattainment, 5 areas comprised of 7 counties as unclassifiable, and the remaining counties as attainment. 70 FR 19856 (4/14/05).
  • EPA amended the NESHAPs source categories for generic maximum control technology standards and the national emission standards for ethylene manufacturing units, heat exchange systems, and waste operations; the amendments clarify the compliance requirements for benzene waste streams, heat exchangers, and heat exchanger systems, and provide for offsite waste transfer for ethylene manufacturing process units. 70 FR 19273 (4/13/05).
  • EPA reconsidered implementing NESHAPs for new and existing sources at brick and structural clay products manufacturing facilities and requested comments on the Agency's decision to base the maximum achievable control technology requirements for certain tunnel kilns on dry limestone adsorption technology. 70 FR 21101 (4/22/05).
  • EPA, affirming that regulations announced on March 12, 2004, should not be interpreted as a restriction on the sales of substitute refrigerants that do not contain ozone-depleting substances, amended the regulatory text for the definitions of "refrigerant" and "technician" and amended the prohibition against venting substitute refrigerants to reflect the changes in those definitions. 70 FR 19278 (4/13/05).
  • EPA updated the Outer Continental Shelf air regulations to remain consistent with requirements for the corresponding onshore area as proposed for the Santa Barbara County Air Pollution Control, South Coast Air Quality Management, and Ventura County Air Pollution Control Districts. 70 FR 20058 (4/18/05).
  • EPA proposed to approve a revision to Ohio's one-hour ozone maintenance plan; the amendment would redesignate the Ohio portion of the Cincinnati-Hamilton area to attainment of the one-hour ozone NAAQS, extend the plan timeframe to require continued maintenance of the one-hour ozone standard through 2015, and demonstrate that the one-hour ozone standard may be maintained in this area even with the termination of the vehicle inspection and maintenance program. 70 FR 19914 (4/15/05).

DATA STANDARDS:

  • EPA notified the public of the availability of six revised data standards for biological taxonomy, contact information, facility site identification, permitting information, tribal identifier, the standard industrial classification system, and the North American industrial classification system. 70 FR 19951 (4/15/05).

FISHERIES:

  • NOAA announced temporary restrictions on lobster trap/pot and anchored gillnet fishermen operating in a 1,052-square nautical mile area southeast of Chatham, Massachusetts, to protect an aggregation of northern right whales. 70 FR 20486 (4/20/05).
  • NMFS issued a rule implementing resolutions adopted by the Inter-American Tropical Tuna Commission and by the parties to the Agreement on the International Dolphin Conservation Program; this rule prohibits activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act, Dolphin Protection Consumer Information Act, and International Dolphin Conservation Program Act. 70 FR 19011 (4/12/05).
  • NMFS notified the public that the United States accepted conservation and management measures pertaining to fishing in Antarctic waters that restrict overall catches and bycatch of certain species of fish, krill, and crab; limit participation in several exploratory fisheries; restrict fishing in certain areas and the use of certain gear types; set fishing seasons; require the use of a centralized vessel monitoring system; and urge the members of the Commission for the Conservation of Antarctic Marine Living Resources, which will measure the Antarctic waters, to adopt and use the electronic Dissostichus catch document. 70 FR 19057 (4/12/05).
  • NMFS proposed to issue an exempted fishing permit that would modify a recently approved exempted fishing permit by allowing additional exemptions from regulations governing fisheries in the northeastern United States. 70 FR 20738 (4/21/05).

HAZARDOUS AND SOLID WASTE:

  • The Agency for Toxic Substances and Disease Registry announced a list of sites that are on or proposed for inclusion on the NPL and for which the Agency completed public health assessments in response to requests from the public during the period from October through December 2004. 70 FR 19081 (4/12/05).
  • EPA entered into a proposed administrative settlement agreement requiring that Cox Parts & Services Inc., Thomas D. Cox Trucking Inc., and the Greenberg Salvage Yard site pay $13,157 plus interest to the EPA Hazardous Substance Superfund in 11 monthly installments. 70 FR 19079 (4/12/05).
  • EPA announced and requested public comment on the Agency's intentions to delete the surface soils portion of the South Tacoma Field Superfund site in the state of Washington from the NPL after determining that important remedial actions related to the surface soils portion of the site had been implemented. 70 FR 18351 (4/11/05).

MINING:

  • OSM approved a proposed amendment to the Virginia regulatory program that revises Virginia's Coal Surface Mining Reclamation Regulations by conforming the performance bond release procedures with bond release procedures used for other bonds and by clarifying language regarding minimum bond amounts for phased bond release. 70 FR 19702 (4/14/05).
  • EPA proposed to reissue two general permits that regulate the activities of mechanical placer mining and suction dredge mining for gold placer mining operations in Alaska. 70 FR 20750 (4/21/05).

NATURAL RESOURCES:

  • The U.S. Forest Service revised the term for special use permits for outfitting and guiding conducted on lands of the National Forest System by increasing the permit term from 5 years to 10 years; this maximum term is consistent with that of the National Park Service and BLM. 70 FR 19730 (4/14/05).

PESTICIDES:

  • EPA approved an amended plan for Utah that adds new subcategories and a memorandum of understanding concerning future implementation of an EPA federal pesticide certification program for the Navajo Indian Country. 70 FR 20122 (4/18/05).

WATER QUALITY:

  • EPA approved Ohio's modification to the state's existing NPDES program, pursuant to CWA §402(b), so that the program provides for the administration and enforcement of a state sewage sludge management program where the program has jurisdiction. 70 FR 19961 (4/15/05).
  • EPA announced that it intends to approve revisions to Georgia's public water system supervision program, which would adopt drinking water regulations for the Long Term 1 Enhanced Surface Water Treatment Rule and the Filter Backwash Rule. 70 FR 19761 (4/14/05).
  • EPA announced the availability of a final decision identifying water-quality limited segments and associated pollutants in Louisiana; the Agency partially approved and partially disapproved Louisiana's submittal of a list of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which TMDLs must be prepared under CWA §303(d). 70 FR 19079 (4/12/05).
  • EPA announced the availability of and requested public comment on administrative record files for six TMDLs and the calculations of these TMDLs for waters listed in the Atchafalaya River, Barataria, Lake Pontchartrain, Mississippi River, Sabine River, and Terrebonne Basins of Louisiana. 70 FR 19760 (4/14/05).

WILDLIFE:

  • FWS announced a five-year review of the Florida manatee to ensure that the species has an accurate listing classification as an endangered species. 70 FR 19780 (4/14/05).
  • FWS and NMFS announced a five-year review of the green, hawksbill, Kemp's ridley, leatherback, loggerhead, and olive ridley turtles intended to ensure that the listing classifications of these species are accurate under the ESA. 70 FR 20736 (4/21/05).
  • FWS announced a 90-day finding on a petition to remove the Idaho springsnail from the federal list of endangered and threatened wildlife and plants, and to add the Jackson Lake, Harney Lake, and Columbia springsnails to the list as endangered or threatened species. 70 FR 20514 (4/20/05).
  • FWS reopened the comment period for the Technical/Agency Draft Recovery Plan for Catesbaea melanocarpa to solicit comment on the revised recovery goal and recovery criteria sections; the recovery goal aims to protect and stabilize existing populations and associated habitats of the species, and the recovery criteria establish standards for downlisting and delisting. 70 FR 20397 (4/19/05).
  • FWS designated approximately 11,695 acres of critical habitat in Los Angeles, Riverside, Santa Barbara, San Bernardino, and Ventura Counties, California, for the arroyo toad, pursuant to the ESA. 70 FR 19633 (4/13/05).
  • FWS designated approximately 306 acres of critical habitat in Orange, San Diego, and Ventura Counties, California, for the federally endangered Riverside fairy shrimp, pursuant to the ESA. 70 FR 19204 (4/12/05).
  • FWS notified the public and other agencies of the availability of the draft Alamosa River Watershed Restoration Master Plan, which describes the Alamosa River environment, the impacts to watershed resources and land uses, and proposed restoration projects. 70 FR 20172 (4/18/05).
  • FWS issued letters of authorization to take polar bears during oil and gas industry exploration activities in the Beaufort Sea and the adjacent northern coast of Alaska. 70 FR 19500 (4/13/05).

DOJ NOTICES OF SETTLEMENT:

  • United States v. American Cyanamid, No. 1:02-CV-109-1 (M.D. Ga. Mar. 23, 2005). Settling CERCLA defendants must pay $70,000 to the Hazardous Substances Superfund in reimbursement of the costs incurred by the United States at the Stoller Chemical Company/Pelham site in Pelham, Georgia. 70 FR 19783 (4/14/05).
  • United States v. Crossing Dev., LLC, No. 3:05-989-CMC (D.S.C. Mar. 30, 2005). Settling CWA defendants must restore wetlands that were filled without a permit, perform mitigation, and pay a civil penalty. 70 FR 19783 (4/14/05).
  • United States v. Diamond State Salvage Co., No. 05-76 (D. Del. Apr. 1, 2005). Settling CERCLA defendants must pay $324,000 in reimbursement of response costs related to the Diamond State Salvage Superfund site in Wilmington, Delaware. 70 FR 19783 (4/14/05).
  • United States v. City of New Orleans, No. 02-3618 (E.D. La. Mar. 30, 2005). Settling CERCLA defendants must pay $1,750,000 toward the response costs incurred by EPA at the Agriculture Street Landfill located in New Orleans, Louisiana. 70 FR 19784 (4/14/05).
  • United States v. Outboard Marine Corp., No. 88-C-8571 (N.D. Ill. Mar. 31, 2005). Settling CERCLA defendants, after acquiring the existing contamination at a portion of the Outboard Marine Corporation Superfund site in Waukegan, Illinois, must finance and perform major aspects of the operation and maintenance of the Waukegan Harbor PCB remedy, perform certain maintenance measures for a building structure on the acquired site, and implement institutional controls related to the site. 70 FR 19785 (4/14/05).
  • United States v. Pneumo Abex Corp., No. 2-96-CV-27 (E.D. Va. Mar. 15, 2005). Settling CERCLA defendants must modify the remedy to be performed at the Abex Superfund site in Portsmouth, Virginia, so that it conforms the remedy to the future land use of a portion of the site, which will be commercial or industrial, rather than residential. 70 FR 19785 (4/14/05).
  • United States v. Air Products & Chemicals, No. JH-88-365 (D. Md. Apr. 7, 2005). Settling CERCLA defendants must implement the record of decision for the third operable unit at the Maryland Sand and Gravel Superfund site; under the consent decree the work performed will cost approximately $23,000,000. 70 FR 20599 (4/20/05).
  • United States v. Atlantic Richfield Co., No. CIV-S-05-00686 GEB-DAD (E.D. Cal. Apr. 8, 2005). A settling CERCLA defendant must pay $2,500,000 of U.S. response costs incurred at the Walker Mine Tailings Superfund site, located in the Plumas National Forest in Plumas County, California. 70 FR 20599 (4/20/05).
  • United States v. Edwards Oil Service Inc., No. 05-71379 (E.D. Mich. Apr. 8, 2005). A settling RCRA and CWA defendant must undertake various injunctive measures and pay a civil penalty of $11,000 for violations of RCRA and the CWA at the defendant's used oil and hazardous waste treatment facility in Detroit, Michigan. 70 FR 20599 (4/20/05).

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS

COMMITTEE ACTION:

  • S. 39 (national ocean exploration program), was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 109-57, 151 Cong. Rec. S3555 (daily ed. Apr. 13, 2005). The bill would establish a coordinated national ocean exploration program within NOAA.
  • S. 50 (tsunami detection), was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 109-59, 151 Cong. Rec. S3897 (daily ed. Apr. 19, 2005). The bill would authorize and strengthen NOAA's tsunami detection, forecast, warning, and mitigation program.
  • S. 361 (system of coastal and ocean observations), was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 109-60, 151 Cong. Rec. S3897 (daily ed. Apr. 19, 2005). The bill would develop and maintain an integrated system of ocean and coastal observations for the nation's coasts, oceans and Great Lakes, improve warnings of tsunamis and other natural hazards, enhance homeland security, and support maritime operations.
  • S. 362 (marine environment and navigation safety), was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 109-56, 151 Cong. Rec. S3555 (daily ed. Apr. 13, 2005). The bill would establish a program within NOAA and the U.S. Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with non-federal entities.

BILLS INTRODUCED:

  • S. 741 (Smith, R-Or.) (Forest Service sites), would provide for the disposal of certain Forest Service administrative sites in the state of Oregon. 151 Cong. Rec. S3358 (daily ed. Apr. 7, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 745 (Byrd, D-W. Va.) (Global Environmental Protection Assistance Act of 1989), would amend the Global Environmental Protection Assistance Act of 1989 to promote international clean energy development, open and expand clean energy markets abroad, and engage developing nations in the advancement of sustainable energy use and climate change actions. 151 Cong. Rec. S3413 (daily ed. Apr. 11, 2005). The bill was referred to the Committee on Foreign Relations.
  • S. 746 (Feinstein, D-Cal.) (Reclamation Wastewater and Groundwater Study and Facilities Act), would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project. 151 Cong. Rec. S3413 (daily ed. Apr. 11, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 748 (Gregg, R-N.H.) (federal memorial), would authorize the establishment at Antietam National Battlefield of a memorial to the officers and enlisted men of the Fifth, Sixth, and Ninth New Hampshire Volunteer Infantry Regiments and the First New Hampshire Light Artillery Battery who fought in the Battle of Antietam on September 17, 1862. 151 Cong. Rec. S3413 (daily ed. Apr. 11, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 753 (Feingold, D-Wis.) (U.S. Army Corps of Engineers), would provide for modernization and improvement of the Corps. 151 Cong. Rec. S3413 (daily ed. Apr. 11, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 757 (Chafee, R-R.I.) (Public Health Service Act), would amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer. 151 Cong. Rec. S3414 (daily ed. Apr. 11, 2005). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 761 (Craig, R-Idaho) (national conservation area), would rename the Snake River Birds of Prey National Conservation Area in the state of Idaho as the Morley Nelson Snake River Birds of Prey National Conservation Area in honor of the late Morley Nelson, an international authority on birds of prey, who was instrumental in the establishment of this National Conservation Area. 151 Cong. Rec. S3481 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 767 (Bond, R-Mo.) (National Science Foundation), would establish a Division of Food and Agricultural Science within the National Science Foundation and authorize funding for the support of fundamental agricultural research of the highest quality. 151 Cong. Rec. S3481 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 770 (Levin, D-Mich.) (Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990), would amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to reauthorize and improve that Act. 151 Cong. Rec. S3555 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 773 (Corzine, D-N.J.) (transportation of hazardous materials), would ensure the safe and secure transportation by rail of extremely hazardous materials. 151 Cong. Rec. S3555 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 781 (Crapo, R-Idaho) (pack and saddle stock animals), would preserve the use and access of pack and saddle stock animals on land administered by the National Park Service, the BLM, the FWS, or the Forest Service on which there is a historical tradition of the use of pack and saddle stock animals. 151 Cong. Rec. S3652 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 786 (Santorum, R-Pa.) (National Weather Service), would clarify the duties and responsibilities of the National Weather Service. 151 Cong. Rec. S3652 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 793 (Durbin, D-Ill.) (discharges from cruise vessels), would establish national standards for discharges from cruise vessels into the waters of the United States. 151 Cong. Rec. S3652 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 796 (Mukowski, R-Alaska) (National Aquaculture Act of 1980), 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. 151 Cong. Rec. S3652 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 797 (Mukowski, R-Alaska) (Magnuson-Stevens Fishery Conservation and Management Act), would amend the Magnuson-Stevens Fishery Conservation and Management Act to clarify the status of certain communities in the western Alaska community development quota program. 151 Cong. Rec. S3652 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 802 (Domenici, R-N.M.) (Magnuson-Stevens Fishery Conservation and Management Act), would establish a National Drought Council within the Department of Agriculture to improve national drought preparedness, mitigation, and response efforts. 151 Cong. Rec. S3653 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 807 (Craig, R-Idaho) (FLPMA), would amend FLPMA to provide owners of non-federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or BLM lands when those forested federal lands are not maintained in the forest health status known as condition class 1. 151 Cong. Rec. S3653 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 808 (Durbin, D-Ill.) (energy conservation), would encourage energy conservation through bicycling. 151 Cong. Rec. S3653 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 814 (Thomas, R-Wyo.) (Mineral Leasing Act), would amend the Mineral Leasing Act to promote the development of federal coal resources. 151 Cong. Rec. S3734 (daily ed. Apr. 15, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 818 (Grassley, R-Iowa) (Packers and Stockyards Act), would amend the Packers and Stockyards Act, 1921, to make it unlawful for a packer to own, feed, or control livestock intended for slaughter. 151 Cong. Rec. S3735 (daily ed. Apr. 15, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 819 (Johnson, D-S.D.) (Pactola Dam and Reservoir), would authorize the Secretary of the Interior to reallocate costs of the Pactola Dam and Reservoir, South Dakota, to reflect increased demands for municipal, industrial, and fish and wildlife purposes. 151 Cong. Rec. S3735 (daily ed. Apr. 15, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 822 (Mukowski, R-Alaska) (Trans-Alaska Pipeline Quality Bank), would prevent the retroactive application of changes to Trans-Alaska Pipeline Quality Bank valuation methodologies. 151 Cong. Rec. S3735 (daily ed. Apr. 15, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 825 (Corzine, D-N.J.) (national heritage area), would establish the Crossroads of the American Revolution National Heritage Area in the state of New Jersey. 151 Cong. Rec. S3817 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 827 (Feingold, D-Wis.) (dairy products), would prohibit products that contain dry ultra-filtered milk products, milk protein concentrate, or casein from being labeled as domestic natural cheese. 151 Cong. Rec. S3817 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 830 (Inhofe, R-Okla.) (FWPCA), would amend the FWPCA to insert a new definition relating to oil and gas exploration and production. 151 Cong. Rec. S3817 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 837 (Inhofe, R-Okla.) (SDWA), would amend the SDWA to clarify the definition of the term "underground injection." 151 Cong. Rec. S3817 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 838 (Feingold, D-Wis.) (Federal Milk Marketing Order reform), would allow modified bloc voting by cooperative associations of milk producers in connection with a referendum on Federal Milk Marketing Order reform. 151 Cong. Rec. S3897 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 852 (Specter, R-Pa.) (asbestos), would create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure. 151 Cong. Rec. S3897 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on the Judiciary.
  • H.R. 6 (Barton, R-Tex.) (reliable energy), would ensure jobs for our future with secure, affordable, and reliable energy. 151 Cong. Rec. H2106 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Energy and Commerce, and to the Committees on Education and the Workforce, Financial Services, Agriculture, Resources, Science, and Ways and Means.
  • H.R. 1540 (Gary G. Miller, R-Cal.) (SDWA), would amend the SDWA to provide procedures for claims relating to drinking water. 151 Cong. Rec. H1850 (daily ed. Apr. 7, 2005). The bill was referred to the Committee on Energy and Commerce, and to the Committee on the Judiciary.
  • H.R. 1551 (Jindal , R-La.) (Outer Continental Shelf Lands Act), would amend the Outer Continental Shelf Lands Act to provide a domestic offshore energy reinvestment program. 151 Cong. Rec. H1893 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1562 (Fossella, R-N.Y.) (hazardous substances), would protect human health and the environment from the release of hazardous substances by acts of terrorism. 151 Cong. Rec. H1894 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Homeland Security and to the Committee on Energy and Commerce.
  • H.R. 1563 (Gutknecht, R-Minn.) (National Science Foundation), would establish a Division of Food and Agricultural Science within the National Science Foundation and authorize funding for the support of fundamental agricultural research of the highest quality. 151 Cong. Rec. H1894 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Science, and to the Committee on Agriculture.
  • H.R. 1564 (Hastings, R-Wash.) (land conveyance), would authorize the Secretary of the Interior to convey certain buildings and lands of the Yakima Project, Washington, to the Yakima-Tieton Irrigation District. 151 Cong. Rec. H1894 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1571 (LoBiondo, R-N.J.) (oil and gas leases), would prohibit the Secretary of the Interior from issuing oil and gas leases on portions of the Outer Continental Shelf located off the coast of New Jersey. 151 Cong. Rec. H1894 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1584 (Weldon, R-Fla.) (system of coastal and ocean observations), would develop and maintain an integrated system of coastal and ocean observations for the nation's coasts, oceans, and Great Lakes to improve warnings of tsunamis and other natural hazards, to enhance homeland security, and to support maritime operations. 151 Cong. Rec. H1895 (daily ed. Apr. 12, 2005). The bill was referred to the Committee on Resources, and to the Committee on Science.
  • H.R. 1590 (Kind, D-Wis.) (Food Security Act of 1985), would amend the Food Security Act of 1985 to restore integrity to, and strengthen payment limitation rules for, commodity payments and benefits. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Agriculture.
  • H.R. 1591 (Gilchrest, R-Md.) (Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990), would amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to reauthorize and improve that Act. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on Resources.
  • H.R. 1592 (Ehlers, R-Mich.) (invasive species), would establish marine and freshwater research, development, and demonstration programs to support efforts to prevent, control, and eradicate invasive species, as well as to educate citizens and stakeholders and restore ecosystems. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committees on Transportation and Infrastructure, Resources, and House Administration.
  • H.R. 1593 (Ehlers, R-Mich.) (invasive species), would establish the National Invasive Species Council. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1596 (Alexander, R-La.) (Outer Continental Shelf Lands Act), would amend the Outer Continental Shelf Lands Act to promote uses on the Outer Continental Shelf. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1600 (Cubin, R-Wyo.) (SMCRA), would amend SMCRA to reauthorize and reform the Abandoned Mine Reclamation Program. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1612 (Kaptur, D-Ohio) (biodiesel fuel), would establish ethanol and biodiesel fuel requirements for the federal fleet. 151 Cong. Rec. H1968 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Government Reform.
  • H.R. 1615 (McDermott, D-Wash.) (Columbia River basin), would ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, and would direct the Secretary of Commerce to seek scientific analysis of federal efforts to restore salmon and steelhead listed under the ESA. 151 Cong. Rec. H1968-9 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Resources, and to the Committee on Transportation and Infrastructure.
  • H.R. 1625 (Viscloski, R-Ind.) (Indiana Dunes National Lakeshore), would amend the Act entitled "An Act to provide for the establishment of the Indiana Dunes National Lakeshore, and for other purposes" to clarify the authority of the Secretary of the Interior to accept donations of lands that are contiguous to the Indiana Dunes National Lakeshore. 151 Cong. Rec. H1969 (daily ed. Apr. 13, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1638 (Graves, R-Mo.) (natural gas), would reinstate regulation under the Commodity Exchange Act of futures contracts, swaps, and hybrid instruments involving natural gas to require review and approval by the Commodity Futures Trading Commission of rules applicable to transactions involving natural gas, provide for the reporting of large positions in natural gas, provide for cash settlement for certain contracts of sale for future delivery of natural gas, and temporarily prohibit members of the Commodity Futures Trading Commission from going to work for organizations subject to regulation by the Commission. 151 Cong. Rec. H2100 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Agriculture.
  • H.R. 1640 (Barton, R-Tex.) (reliable energy), would ensure jobs for our future with secure and reliable energy. 151 Cong. Rec. H2100 (daily ed. Apr. 14, 2005). The bill was referred to the Committees on Science, Resources, Education and the Workforce, Transportation and Infrastructure, Financial Services, and Agriculture.
  • H.R. 1644 (Fortuño, R-P.R.) (aquifers and watersheds), would protect the critical aquifers and watersheds that serve as a principal water source for the Commonwealth of Puerto Rico and protect the tropical forests of the Karst Region of the Commonwealth. 151 Cong. Rec. H2100 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1648 (Hastings, D-Fla.) (Environmental Justice Office), would require Executive Order No. 12898 to remain in force until changed by law, expand the definition of environmental justice, and direct each federal agency to establish an Environmental Justice Office. 151 Cong. Rec. H2101 (daily ed. Apr. 14, 2005). The bill was referred to the Committee on Energy and Commerce, and to the Committee on Resources.
  • H.R. 1674 (Boehlert, R-N.Y.) (tsunami detection), would authorize and strengthen the tsunami detection, forecast, warning, and mitigation program of the NOAA to be carried out by the National Weather Service. 151 Cong. Rec. H2106 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Science.
  • H.R. 1675 (Boustany, R-La.) (erosion; Louisiana coastal area), would provide for agreements between federal agencies to partner or transfer funds to accomplish erosion goals relating to the coastal area of Louisiana. 151 Cong. Rec. H2106 (daily ed. Apr. 18, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on Agriculture.
  • H.R. 1680 (Andrews, D-N.J.) (brownfields), would amend the Internal Revenue Code of 1986 to expand the incentives for the environmental cleanup of certain contaminated industrial sites designated as brownfields. 151 Cong. Rec. H2148 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Ways and Means.
  • H.R. 1705 (Shadegg, R-Ariz.) (heavy duty vehicles), would establish a program to support deployment of idle reduction and energy conservation technologies for heavy duty vehicles. 151 Cong. Rec. H2149 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Energy and Commerce, and to the Committee on Transportation and Infrastructure.
  • H.R. 1706 (Shadegg, R-Ariz.) (hybrid vehicle technologies), would direct the Secretary of Energy to conduct a program in partnership with the private sector to accelerate efforts of domestic automobile manufacturers to manufacture commercially available competitive hybrid vehicle technologies in the United States. 151 Cong. Rec. H2149 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Science, and to the Committee on Energy and Commerce.
  • H.R. 1707 (Shaw, R-Fla.) (felids and canids), would assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations. 151 Cong. Rec. H2149 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1708 (Shaw, R-Fla.) (water and sewage facilities), would amend the Internal Revenue Code of 1986 to provide that the volume cap for private activity bonds shall not apply to bonds for facilities for the furnishing of water and sewage facilities. 151 Cong. Rec. H2149 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Ways and Means.
  • H.R. 1711 (Wilson, R-N.M.) (state water plans), would provide assistance to the state of New Mexico for the development of comprehensive state water plans. 151 Cong. Rec. H2149 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1712 (Woolsey, D-Cal.) (marine sanctuaries), would expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary. 151 Cong. Rec. H2150 (daily ed. Apr. 19, 2005). The bill was referred to the Committee on Resources.

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.

IN THE STATES

New State Development Highlights:

  • The Massachusetts Department of Environmental Protection is holding a public workshop on Asbestos in Soil amendments, which include revisions to the Massachusetts Contingency Plan, the Air Quality regulations, and the Solid Waste Management regulations that are intended to clarify and streamline requirements for assessment and cleanup of asbestos that has been released to the environment.
  • The New Hampshire Department of Environmental Services (DES) is proposing an interim rule that will transfer regulation of indoor air quality in state buildings to DES from the Department of Health and Human Services.
  • The New York Department of Environmental Conservation is proposing a new rule to regulate management of elemental mercury and dental amalgam wastes at dental facilities.

The following states contain new information in this issue:

Click on a state name below to see its information in ELR UPDATE. Or go to http://www.elr.info/State/stateupdate.cfm to view the complete section.

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

REPORT CITES WORLD WATER DEMAND AS TOP FOOD SECURITY ISSUE:

  • Scientists from the Stockholm International Water Institute, International Food Policy Research Institute, World Conservation Union, and International Water Management Institute released a report on April 20, 2005, asserting that if world population continues to grow as expected, global water demand will double by 2050. The report, Let It Reign: The New Water Paradigm for Global Food Security, states that this increased demand will be due largely to growing agricultural needs. See http://www.iucn.org/info_and_news/press/pr-new-paradigm-2005.pdf. A copy of the report is available at http://www.iucn.org/info_and_news/press/2005-csd-report-food.pdf.

EU PARLIAMENT ADOPTS MARINE FUEL DIRECTIVE:

  • On April 13, 2005, the European Union (EU) Parliament adopted a directive that requires reduction of sulphur dioxide (SO2) and particle emissions from seagoing ships. SO2 is an air pollutant that causes breathing problems and acidifies lakes and forests. Officials praised the new agreement, which will reduce ship SO2 in the EU by over 500,000 tons a year from 2006, although they lamented that the EU has yet to ratify the 1997 International Maritime Organization Convention on Air Pollution. See http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/428&format=HTML&aged=0&language=EN&guiLanguage=en

UNEP ENIRONMENT, PEACE & DIALOGUE AMONG CIVILIZATIONS CONFERENCE:

  • In May, the United Nations Environment Programme will host an international two-day conference on “Environment, Peace and the Dialogue among Civilizations and Cultures” in Tehran. The conference will focus on four topics: 1) the nexus between environment, peace, and the dialogue among civilizations and cultures--the challenges ahead; 2) taking stock of the status quo; 3) parameters for a strategic approach; and 4) a future-looking approach. See http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=425&ArticleID=4748&l=en.

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.

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