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Weekly Update Volume 35, Issue 19

07/11/2005

LITIGATION

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

CAA, STANDING:

The D.C. Circuit held that a district court erred in dismissing environmental groups' suit challenging the issuance of a permit to construct a power plant near Yellowstone National Park for lack of standing. The Montana Department of Environmental Quality issued the permit after DOI withdrew its adverse impact letter for the plant. Regardless of whether the groups' injury is procedural or substantive in nature, the question of standing must turn on the strength of the link between DOI's withdrawal of the letter and the state agency's decision to issue the permit. Here, DOI's withdrawal of its impact letter was virtually dispositive of the state permitting decision. In addition, federal regulations and the Montana air quality regulations are intertwined such that the challenged federal action "alters the legal regime to which the [local] agency action is subject." Thus, the state agency is not a truly independent actor whose intervening action breaks the causal chain required for standing. And although a federal district court ruling in favor of the groups would not directly determine whether the plant will get its permit, the effect of such a ruling would not be far removed and therefore satisfies the redressibility prong of standing. National Parks Conservation Ass'n v. Manson, No. 04-5327, 35 ELR 20140 (D.C. Cir. July 1, 2005) (10 pp.).

ESA, FIFRA, PESTICIDES:

The Ninth Circuit held that EPA violated ESA §7(a)(2) when it failed to consult with the NMFS before approving certain pesticides. EPA argued that it is bound to follow only the provisions of FIFRA, which include a limited provision dealing with endangered species. But even though EPA registers pesticides under FIFRA, it must also comply with the ESA when threatened or endangered species are affected. The Agency cannot escape its obligation to comply with the ESA merely because it is bound to comply with another statute that has consistent, complementary objectives. And the injunctive relief granted was well within the district court’s discretion to require compliance with the ESA. Thus, the district court's order enjoining EPA's approval pending its compliance with the ESA §7(a)(2) consultation requirements was affirmed. Washington Toxics Coalition v. Environmental Protection Agency, Nos. 04-35138 et al., 35 ELR 20138 (9th Cir. June 29, 2005) (23 pp.).

HAZARDOUS SUBSTANCES, ARRANGER LIABILITY:

The Ninth Circuit held that a dry cleaner sufficiently alleged a claim for arranger liability under Alaska Statute §46.03.822(a)(4) against a company that sold and installed dry cleaning equipment to the cleaner. Because the case presented an issue of first impression, it was certified to the Alaska Supreme Court, which concluded that an entity may be liable if it manufactures, sells, or installs a useful product that is intended to direct, and directs when used as designed, a hazardous substance into a city sewer system. Here, the company recommended that the dry cleaner use percholoroethylene (PCE) in the equipment as part of the dry cleaning process, designed the layout of the equipment, and installed the dry cleaning equipment and a water and PCE separator system that directed PCE into the city sewer system. However, the cleaner failed to state a claim for contribution, equitable apportionment, and implied immunity under Alaska law, and it lacked standing to appeal a district court order imposing sanctions against their attorney. Berg v. Popham, No. 01-35807, 35 ELR 20136 (9th Cir. June 24, 2005) (15 pp.).

CWA, WATER QUALITY STANDARDS:

The Tenth Circuit upheld EPA's approval of New Mexico's water quality standards. The applicable regulation includes a revised enforcement exemption for some pollutants that result from irrigation and flood control facilities, and environmental advocacy groups argued that the regulation violates the CWA. Because EPA originally determined that the regulation could be interpreted as violating the CWA, the state sent EPA a letter containing its interpretation of the regulation such that it complied with the CWA. EPA then approved the regulation based on that interpretation. Despite the groups' arguments to the contrary, EPA did not act arbitrarily or capriciously in determining that the regulation was ambiguous. Nor did EPA arbitrarily or capriciously rely on the state's interpretation of that regulation, particularly since it reserved the right to revoke its approval if New Mexico interpreted the regulation in the future in a way that would not comply with the CWA. Defenders of Wildlife v. United States Environmental Protection Agency, No. 04-2151, 35 ELR 20141 (10th Cir. July 6, 2005) (13 pp.).

PROPERTY, HAZARDOUS SUBSTANCES, LOSS OF USE:

The Third Circuit reversed a district court's summary judgment order dismissing a property owner's claims that an oil company breached its obligations under a lease agreement to operate a gasoline station and that the owner had suffered cognizable damages as a result of that breach. A week before the end of the lease, fuel residue was discovered on soil adjacent to the station's underground storage tank, which led to an investigation by the state environmental agency. Although soil samples indicated that the levels of hazardous compounds were below regulatory standards, it took over two years of sampling to prove the property's safety to the satisfaction of the state agency. The property owner filed suit against the oil company for breaching the lease and sought damages for loss of use during the pendency of the investigation. The district court erroneously granted summary judgment in favor of the oil company. There is a legally sufficient basis for a jury to find that the company breached the lease agreement. Further, New Jersey law recognizes loss of use as a measure of damages for temporary harm to property interests as a result of the uncertainty surrounding a property’s environmental status that impairs its marketability. In addition, the district court abused its discretion by excluding testimony of the property owner's expert witness. Jaasma v. Shell Oil Co., No. 04-2095, 35 ELR 20137 (3d Cir. June 28, 2005) (21 pp.).

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

A California appellate court affirmed in part and reversed in part a trial court decision denying individuals' petition for writ of mandate challenging the approval of a shopping center project. The trial court did not violate CEQA by severing a gas station from the project, thereby allowing the rest of the project to proceed. Nor did the EIR fail to evaluate the project's potential to cause urban decay. The court also rejected, for the most part, individuals' claims that the EIR improperly set forth speculative traffic mitigation measures and improperly segments environmental review of a freeway interchange improvement project from the shopping center project. However, the trial court's denial of the individuals' petition regarding the project's fair-share cumulative traffic mitigation fee for the interchange was improper. The assumed improvements to the interchange are too speculative to be deemed an adequate mitigation measure for this cumulative impact. On remand, the trial court must specify certain requirements for this fee to be sufficient under CEQA. Anderson First Coalition v. City of Anderson, No. C047605, 35 ELR 20139 (Cal. App. 3d Dist. June 30, 2005) (33 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 reaffirmed its April 30, 2004, rule concluding that the requirements for the nonattainment major new source review (NSR) program under the eight-hour NAAQS will be based on a nonattainment area's classification for the eight-hour standard, and that states may remove their one-hour major NSR programs from their SIPs now that the Agency has revoked the one-hour standard. 70 FR 39413 (7/8/05).
  • EPA amended the NESHAPs for miscellaneous organic chemical manufacturing by clarifying the compliance requirements for flares and the alternative standard, extending the vapor balancing alternative to cover transfers from barges to storage tanks, changing the procedures for correcting measured concentrations at the outlet of combustion devices to correct for dilution by supplemental gas, clarifying the signature requirements for the notification of compliance status report, specifying requirements for effluent from control devices, clarifying the definition of the term "continuous process vent," and correcting several referencing and drafting errors. 70 FR 38553 (7/1/05).
  • EPA withdrew direct final amendments to NESHAPs for miscellaneous coating manufacturing, which were published on May 13, 2005, due to adverse comment on one provision. 70 FR 38780 (7/6/05).
  • EPA issued its regional haze regulations and guidelines for best available retrofit technology determinations; the rule reflects public comment as well as the D.C. Circuit's ruling in American Corn Growers Ass'n v. EPA, 291 F.3d 1, 32 ELR 20658 (D.C. Cir. 2002). 70 FR 39172 (7/6/05).
  • EPA updated the list of major sources of hazardous air pollutants emissions for which regulatory actions have been developed; the last source category list issued pursuant to CAA §112(c) was published on February 12, 2002. 70 FR 37819 (6/30/05).
  • EPA announced that EPA Region VIII has issued 24 federal tribal operating permits. 70 FR 37097 (6/28/05).
  • EPA seeks comment on and is reconsidering certain provisions of the NESHAPs for industrial, commercial, and institutional boilers and process heaters. 70 FR 36907 (6/27/05).
  • EPA proposed amendments to the NESHAPs for miscellaneous organic chemical manufacturing; the amendments were also approved as a direct final rule (see above). 70 FR 38562 (7/1/05).
  • EPA amended certain regulations to reflect the current delegation status of NESHAPs in Arizona and Nevada. 70 FR 39426 (7/8/05).
  • EPA granted delegation of specific NESHAPs to the Pima County Department of Environmental Quality and the Nevada Division of Environmental Protection. 70 FR 39457 (7/8/05).
  • EPA proposed to redesignate several counties in the Syracuse, New York, area to attainment. 70 FR 39217 (7/7/05).
  • EPA proposed to update a portion of the outer continental shelf air regulations so they remain consistent with the corresponding onshore area. 70 FR 38844 (7/6/05).
  • SIP Approvals: Maryland (particulate matter standards; fuel-burning equipment), 70 FR 38776 (7/6/05). Minnesota (source specific; petroleum refinery), 70 FR 38025 (7/1/05). Ohio (nitrogen oxide trading program), 70 FR 36845 (6/27/05). Texas (state changes to federal conformity rule), 70 FR 38779 (7/6/05). Washington (Spokane carbon monoxide maintenance plan; redesignation), 70 FR 37269 (6/29/05); (Spokane particulate matter maintenance plan, redesignation), 70 FR 38029 (7/1/05).
  • SIP Proposals: Arizona (Maricopa County; particulate matter), 70 FR 38064 (7/1/05). Maryland (particulate matter standards; fuel-burning equipment), 70 FR 38839 (7/6/05); (control particulate/visible emissions), 70 FR 38839 (7/6/05). Minnesota (source specific; petroleum refinery), 70 FR 38071 (7/1/05). New Jersey (source specific; cogeneration facility), 70 FR 38068 (7/1/05). Ohio (particulate matter), 70 FR 36901 (6/27/05). Texas (state changes to federal conformity rule), 70 FR 38840 (7/6/05). Washington (Spokane carbon monoxide maintenance plan; redesignation), 70 FR 37306 (6/29/05); (Spokane particulate matter maintenance plan; redesignation), 70 FR 38073 (7/1/05); (Wallula particulate matter maintenance plan; redesignation), 70 FR 38073 (7/1/05).
  • SIP Withdrawal: Maryland (visible emissions regulations), 70 FR 36844 (6/27/05).

ENERGY:

  • USDA announced the availability of its Fiscal Year (FY) 2004 Alternative Fuel Vehicle Report. 70 FR 37075 (6/28/05).
  • DOE announced the availability of its FY 2004 Alternative Fuel Vehicle Report. 70 FR 37096 (6/28/05).

FISHERIES:

  • NOAA announced adjustments to management measures in the commercial Pacific Coast groundfish fishery that will allow fisheries access to more abundant groundfish stocks while protecting overfished and depleted stocks. 70 FR 38596 (7/5/05).
  • NMFS is prohibiting directed fishing for rock sole in the Bering Sea and Aleutian Islands management area to prevent exceeding the 2005 rock sole total allowable catch in this area. 70 FR 38052 (7/1/05).

FORESTS:

  • The U.S. Forest Service listed the newspapers that will be used to publish legal notices for public comment and decisions subject to appeal and predecisional administrative review in the Northern Region. 70 FR 38096 (7/1/05).
  • The Forest Service issued an interim final rule that requires the use of three alternative Producer Price Indices (PPI) from the Bureau of Labor Statistics in lieu of the four PPI that the Service has monitored for use in timber sale contracts. 70 FR 37266 (6/29/05).

HAZARDOUS AND SOLID WASTE:

  • EPA deleted methyl ethyl ketone from the list of chemicals subject to reporting under EPCRA pursuant to a court order. 70 FR 37698 (6/30/05).
  • The Agency for Toxic Substances and Disease Registry announced those sites for which it has completed public health assessments between January and March 2005; the list includes sites that are on or are proposed for inclusion on the NPL as well as sites for which assessments were prepared in response to requests from the public. 70 FR 37409 (6/29/05).
  • EPA entered into a proposed cost recovery settlement at the Georgia-Pacific Hardwood Sawmill site in Plymouth, North Carolina. 70 FR 39274 (7/7/05).
  • EPA entered into a proposed administrative settlement under CERCLA in connection with the Custom Plating Superfund site in Balch Springs, Texas. 70 FR 37100 (6/28/05).
  • EPA entered into a proposed administrative agreement for recovery of past response costs incurred in connection with the 47th and Dan Ryan Superfund site in Chicago, Illinois. 70 FR 36938 (6/27/05).
  • EPA finalized a rule to implement a pilot project under the Project XL program providing site-specific regulatory flexibility under RCRA for the Ortho-McNeil Pharmaceutical, Inc., facility in Spring House, Pennsylvania. 70 FR 36850 (6/27/05).
  • EPA proposed to approve revisions to Indiana's hazardous waste program under RCRA. 70 FR 37726 (6/30/05).

MINING:

  • OSM proposed to approve an amendment to North Dakota's regulatory program under RCRA that reduces notice requirements associated with bond release applications. 70 FR 38639 (7/5/05).

PESTICIDES:

  • EPA announced the availability of its revised ecological risk assessment of the organophosphate pesticide Dichlorvos. 70 FR 37844 (6/30/05).
  • EPA announced the availability of risk assessments and related documents for the cyclohexenone herbicide sethoxydim. 70 FR 37842 (6/30/05).

RADIOACTIVE WASTE:

  • EPA announced the availability of DOE documents applicable to the characterization of transuranic radioactive waste at the Hanford site proposed for disposal at the Waste Isolation Pilot Plant. 70 FR 38642 (7/5/05).

TOXIC SUBSTANCES:

  • EPA issued a testing consent order that incorporates an enforceable consent agreement with several companies requiring them to perform incineration testing of four formulated composites of fluoropolymer chemicals representative of products currently available in the marketplace. 70 FR 39637 (7/8/05).
  • EPA issued a testing consent order that incorporates an enforceable consent agreement with several companies requiring them to perform incineration testing of two formulated composites of fluorotelomer-based polymer chemicals representative of chemicals applied to textile and paper products. 70 FR 39630 (7/8/05).

WATER:

  • EPA announced decisions identifying water quality limited segments and associated pollutants in New Hampshire to be listed pursuant to CWA §303(d)(2). 70 FR 39509 (7/8/05).
  • EPA received a petition from New Hampshire requesting a determination from EPA that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels would be reasonably available for the coastal waters of New Hampshire. 70 FR 39510 (7/8/05).
  • EPA announced action on four TMDLs for waters listed in Louisiana's Barataria river basin pursuant to CWA §303(d). 70 FR 39511 (7/8/05).
  • EPA announced final action on six TMDLs for waters listed in the Atchafalaya River, Barataria River, Lake Pontchartrain, Mississippi River, Sabine River, and Terrebonne Basins of Louisiana pursuant to CWA §303(d). 70 FR 39511 (7/8/05).
  • EPA announced final agency action to withdraw nine TMDLs in the water column in Louisiana that EPA established pursuant to CWA §303(d). 70 FR 39512 (7/8/05).
  • The National Park Service designated areas where personal watercraft may be used in Fire Island National Seashore, New York. 70 FR 38767 (7/6/05).

WILDLIFE:

  • FWS announced a five-year review of the black-footed ferret and pallid sturgeon under the ESA to ensure that the listing classifications of these species are accurate. 70 FR 39327 (7/7/05).
  • FWS announced the beginning of five-year reviews of 31 listed species under the ESA to ensure that the classifications of these species as threatened or endangered are accurate and based on the best scientific and commercial data available at the time of the review. 70 FR 39329 (7/7/05).
  • FWS announced a 90-day administrative finding on a petition to list the American eel under the ESA after finding that the petition presents substantial information indicating that listing the species may be warranted. 70 FR 38861 (7/6/05).
  • FWS announced the initiation of a five-year review of 33 species to ensure that the classification of a species as threatened or endangered is accurate and consistent with the best scientific and commercial data available at the time of the review. 70 FR 38975 (7/6/05).
  • FWS announced a five-year review of the endangered Virginia northern flying squirrel, Delmarva Peninsula fox squirrel, northeastern bulrush, and the threatened Chittenango ovate amber snail and Virginia round-leaf birch under the ESA. 70 FR 38976 (7/6/05).
  • FWS announced the availability of a draft comprehensive conservation plan and EA for the Turnbull National Wildlife Refuge, located in the state of Washington. 70 FR 37865 (6/30/05).
  • NMFS issued an incidental harassment authorization to Monterey Bay National Marine Sanctuary to permit professional fireworks displays within the sanctuary in California waters. 70 FR 39240 (7/7/05).
  • NMFS announced its intent to develop recovery plans for 16 evolutionary significant units of Pacific salmon and steelhead. 70 FR 39232 (7/7/05).
  • NMFS issued a final policy addressing the role of artificially propagated Pacific salmon and steelhead determinations under the ESA. 70 FR 37204 (6/28/05).
  • NMFS issued final determinations to list 16 evolutionarily significant units of West Coast salmon under the ESA in California, Idaho, Oregon, and Washington. 70 FR 37259 (6/28/05).

WORKER SAFETY:

  • The Department of Labor's Mine Safety and Health Administration, pursuant to a court order, amended a portion of its April 2, 2004, rule that revised underground coal mine ventilation standards to allow the use of air traveling in the belt entry to ventilate working sections or areas where equipment is being installed or removed. 70 FR 37266 (6/29/05).

DOJ NOTICE OF SETTLEMENT:

  • United States v. Formosa Plastics Corp., No. 05-443 (D. Del. June 28, 2005). A settling CAA, CWA, RCRA, EPCRA, and CERCLA defendant must pay a civil penalty of $225,000 to the United States and $225,000 to Delaware; must meet detailed requirements designed to prevent future violations of each of the above statutes; must reduce emissions of vinyl chloride to the ambient air to levels substantially below those otherwise allowed by law; and must carry out a supplemental environmental project (SEP) that will protect against the chance of an accidental release of vinyl chloride gas. 70 FR 39335 (7/7/05).
  • United States v. Metal Masters Foodservice Equipment Co., No. 05-430 (D. Del. June 27, 2005). A settling CERCLA defendant must pay $100,000 to the Hazardous Substance Superfund to resolve liability in connection with its releases of hazardous substances at the Tyler Superfund site in Smyrna, Delaware. 70 FR 39335 (7/7/05).
  • United States v. Morton Int'l, Inc., No. 05-3088 (D.N.J. June 16, 2005). A settling CAA defendant must pay a civil penalty of $50,000 for violations of regulations applicable to its former facility in Patterson, New Jersey, and must complete a SEP of up to $200,000 by supplying the Passaic County Department of Health with equipment that is useful in identifying potentially dangerous circumstances and in responding to them; if the SEP costs less than $200,000, the difference should be paid in addition to the civil penalty. 70 FR 39336 (7/7/05).
  • United States v. Gabriel et al., No. 05-00836-KI (D. Or. June 8, 2005). Settling CWA and ESA defendants that discharged pollutants into waters of the United States without a permit must restore and preserve areas damaged by the unauthorized discharges, must enhance other wetlands at the site, must pay civil penalties, and must perform a SEP within the watershed to benefit the environment and the community. 70 FR 37868 (6/30/05).

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

THE CONGRESS

CHAMBER ACTION:

  • S. 39 (National Ocean Exploration Program Act), which would establish a coordinated national ocean exploration program within NOAA, was passed by the Senate, after agreeing to an amendment in the nature of a substitute. 151 Cong. Rec. S7929-30 (daily ed. July 1, 2005).
  • S. 361 (Ocean and Coastal Observation System Act), which would develop and maintain an integrated system of ocean and coastal observations for the Nation's coasts, oceans, and Great Lakes to improve warnings of tsunamis and other natural hazards, was passed by the Senate after agreeing to amendments in the nature of a substitute. 151 Cong. Rec. S7936-39 (daily ed. July 1, 2005).
  • S. 362 (Marine Debris Research Prevention and Reduction Act), which 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 nonfederal entities, was passed by the Senate after agreeing to amendments. 151 Cong. Rec. S7926-29 (daily ed. July 1, 2005).
  • S. 1307 (Dominican Republic-Central America-United States Free Trade Agreement), which would implement the Dominican Republic-Central America-United States Free Trade Agreement, was passed by the Senate. 151 Cong. Rec. S7647-95, S7697-7739, S7750-66 (daily ed. June 30, 2005).
  • H.R. 6 (Energy Policy Act), which would ensure jobs for our future with secure, affordable, and reliable energy, was passed by the Senate. 151 Cong. Rec. S7451-77 (daily ed. June 28, 2005).
  • H.R. 2361 (DOI Appropriations), which would make appropriations for DOI, environment, and related agencies for the fiscal year ending September 30, 2006, was passed by the Senate. 151 Cong. Rec. S7551-97 (daily ed. June 29, 2005).
  • H.R. 2419 (Energy and Water Development Appropriations Act), which would make appropriations for energy and water development for the fiscal year ending September 30, 2006, was passed by the Senate after agreeing to an amendment. 151 Cong. Rec. S7766-85, S7787-97 (daily ed. June 30, 2005).

COMMITTEE ACTION:

  • S. 858 (NRC), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-100, 151 Cong. Rec. S7909 (daily ed. July 1, 2005). The bill would reauthorize NRC user fees.
  • S. 864 (nuclear safety), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-98, 151 Cong. Rec. S7909 (daily ed. July 1, 2005). The bill would amend the Atomic Energy Act of 1954 to modify provisions relating to nuclear safety and security.
  • S. 865 (Atomic Energy Act), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-99, 151 Cong. Rec. S7909 (daily ed. July 1, 2005). The bill would amend the Atomic Energy Act of 1954 to reauthorize the Price-Anderson provisions.
  • S. 1017 (water resources research), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-90, 151 Cong. Rec. S7427 (daily ed. June 27, 2005). The bill would reauthorize grants for the water resources research and technology institutes established under the Water Resources Research Act of 1984.
  • H.R. 362 (Ojita Wilderness Study Area), was reported by the Committee on Resources. H. Rep. No. 109-149, 151 Cong. Rec. H5100 (daily ed. June 23, 2005). The bill would designate the Ojita Wilderness Study Area as wilderness to take certain land into trust for the Pueblo of Zia.
  • H.R. 1797 (Grand Coulee Dam), was reported by the Committee on Resources. H. Rep. No. 109-150, 151 Cong. Rec. H5100 (daily ed. June 23, 2005). The bill would provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam.
  • H.R. 2364 (Science and Technology Scholarship Program), was reported by the Committee on Science. H. Rep. No. 109-151, 151 Cong. Rec. H5100 (daily ed. June 23, 2005). The bill would establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and in NOAA marine research, atmospheric research, and satellite programs.
  • H.R. 2864 (water and related resources), was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 109-154, 151 Cong. Rec. H5176 (daily ed. June 24, 2005). The bill would provide for the conservation and development of water and related resources and would authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States.

BILLS INTRODUCED:

  • S. 1291 (McCain, R-Ariz.) (mineral interests), would provide for the acquisition of subsurface mineral interests in land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe. 151 Cong. Rec. S7293 (daily ed. June 23, 2005). The bill was referred to the Committee on Indian Affairs.
  • S. 1300 (Santorum, R-Pa.) (Agricultural Marketing Act), would amend the Agricultural Marketing Act of 1946 to establish a voluntary program for the provision of country of origin information with respect to certain agricultural products. 151 Cong. Rec. S7294 (daily ed. June 23, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1310 (Santorum, 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. 151 Cong. Rec. S7377 (daily ed. June 24, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1313 (Cornyn, R-Tex.) (eminent domain), would protect homes, small businesses, and other private property rights by limiting the power of eminent domain. 151 Cong. Rec. S7428 (daily ed. June 27, 2005). The bill was referred to the Committee on the Judiciary.
  • S. 1314 (Voinovich, R-Ohio) (water pollution control), would amend the Federal Water Pollution Control Act to authorize appropriations for state water pollution control revolving funds. 151 Cong. Rec. S7428 (daily ed. June 27, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 1315 (Lugar, R-Ind.) (Millennium Development Goals), would require a report on progress toward the Millennium Development Goals. 151 Cong. Rec. S7428 (daily ed. June 27, 2005). The bill was referred to the Committee on Foreign Relations.
  • S. 1316 (Snowe, R-Me.) (shellfish growers), would authorize the Small Business Administration to provide emergency relief to shellfish growers affected by toxic red tide losses. 151 Cong. Rec. S7428 (daily ed. June 27, 2005). The bill was considered and passed.
  • S. 1328 (Jeffords, I-Vt.) (drinking water), would amend the SDWA to ensure that the District of Columbia and states are provided a safe, lead-free supply of drinking water. 151 Cong. Rec. S7613 (daily ed. June 29, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 1331 (Johnson, D-S.D.) (Agricultural Marketing Act), would amend the Agricultural Marketing Act of 1946 to charge the date of implementation of country of origin labeling to January 30, 2006. 151 Cong. Rec. S7614 (daily ed. June 29, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1333 (Cornyn, R-Tex.) (Agricultural Marketing Act), would amend the Agricultural Marketing Act of 1946 to establish a voluntary program for country of origin labeling of meat. 151 Cong. Rec. S7614 (daily ed. June 29, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1338 (Murkowski, R-Ark.) (groundwater resources), would require the Secretary of the Interior, acting through the Bureau of Reclamation and the U.S. Geological Survey, to conduct a study on groundwater resources in the state of Alaska. 151 Cong. Rec. S7614 (daily ed. June 29, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1339 (Inhofe, R-Okla.) (Junior Duck Stamp Conservation Act), would reauthorize the Junior Duck Stamp Conservation and Design Program Act of 1994. 151 Cong. Rec. S7820 (daily ed. June 30, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 1340 (Inhofe, R-Okla.) (wildlife restoration funds), would amend the Pittman-Robertson Wildlife Restoration Act to extend the date after which surplus funds in the wildlife restoration fund become available for apportionment. 151 Cong. Rec. S7820 (daily ed. June 30, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 1346 (Stabenow, D-Mich.) (maritime sites), would direct the Secretary of the Interior to conduct a study of maritime sites in the state of Michigan. 151 Cong. Rec. S7820 (daily ed. June 30, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1357 (Harkin, D-Iowa) (performance standards for meat processing), would protect public health by clarifying the authority of the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat, meat products, poultry, and poultry products processed by establishments receiving inspection services and to enforce the Hazard Analysis and Critical Control Point ) System requirements, sanitation requirements, and the performance standards. 151 Cong. Rec. S7820 (daily ed. June 30, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • H.R. 3049 (Green, R-Wis.) (Lacey Act), would amend section 42 of title 18, United States Code, popularly known as the Lacey Act, to add certain species of carp to the list of injurious species that are prohibited from being imported or shipped. 151 Cong. Rec. H5100 (daily ed. June 23, 2005). The bill was referred to the Committee on the Judiciary.
  • H.R. 3051 (Kolbe, R-Ariz.) (federal land ownership), would provide for a land exchange involving certain BLM lands in Pima County, Arizona, for the purpose of consolidating federal land ownership within the Las Cienegas National Conservation Area. 151 Cong. Rec. H5100 (daily ed. June 23, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3053 (McKeon, R-Cal.) (groundwater contamination), would remediate groundwater contamination caused by perchlorates in the city of Santa Clarita, California. 151 Cong. Rec. H5100 (daily ed. June 23, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 3059 (Carson, D-Ind.) (refueling stations), would provide for flexible fuel vehicle refueling capability at new and existing refueling station facilities to promote energy security. 151 Cong. Rec. H5176 (daily ed. June 24, 2005). The bill was referred to the Committee on Ways and Means.
  • H.R. 3081 (Gutknecht, R-Minn.) (energy), would amend the CAA to increase the production and use of renewable fuel in the United States and to increase the energy independence of the United States. 151 Cong. Rec. H5361 (daily ed. June 28, 2005). The bill was referred to the Committee on Energy and Commerce, the Committee on Agriculture, and the Committee on Government Reform.
  • H.R. 3085 (Wamp, R-Tenn.) (national trails system), would amend the National Trails System Act to update the feasibility and suitability study originally prepared for the Trail of Tears National Historic Trail and provide for the inclusion of new trail segments, land components, and campgrounds associated with that trail. 151 Cong. Rec. H5361 (daily ed. June 28, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3101 (Kuhl, R-N.Y.) (nuclear waste), would authorize DOE to remediate the Western New York Nuclear Service Center in the Town of Ashford, New York, and dispose of nuclear waste. 151 Cong. Rec. H5434 (daily ed. June 29, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3110 (Jindal, R-La.) (ESA), would amend the ESA to provide for treatment of distinct population segments of the Eastern oyster as separate species. 151 Cong. Rec. H5434 (daily ed. June 28, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3124 (Sherwood, R-Pa.) (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. 151 Cong. Rec. H5434 (daily ed. June 28, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3149 (Capps, D-Cal.) (mining), would withdraw the Los Padres National Forest in California from location, entry, and patent under mining laws. 151 Cong. Rec. H5599 (daily ed. June 30, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3158 (Duncan, R-Tenn.) (national heritage areas), would designate the Cherokee Overhill Territory in McMinn, Meigs, Monroe, and Polk counties in Tennessee as a National Heritage Area. 151 Cong. Rec. H5599 (daily ed. June 30, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3160 (Eshoo, D-Cal.) (performance standards for meat processing), would protect public health by clarifying the authority of the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat, meat products, poultry, and poultry products processed by establishments receiving inspection services and to enforce the Hazard Analysis and Critical Control Point System requirements, sanitation requirements, and the performance standards. 151 Cong. Rec. H5599 (daily ed. June 30, 2005). The bill was referred to the Committee on Agriculture and to the Committee on Energy and Commerce.
  • H.R. 3149 (Capps, D-Cal.) (national forests), would withdraw the Los Padres National Forest in California from location, entry, and patent under mining laws. 151 Cong. Rec. H5599 (daily ed. June 30, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3153 (Cubin, R-Wyo.) (fish recovery), would reauthorize the Upper Colorado and San Juan River Basin endangered fish recovery implementation programs. 151 Cong. Rec. H5599 (daily ed. June 30, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3166 (Grijalva, D-Ariz.) (livestock grazing), would provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on federal lands where conflicts with other multiple uses render livestock grazing impractical. 151 Cong. Rec. H5600 (daily ed. June 30, 2005). The bill was referred to the Committee on Resources, the Committee on Agriculture, and the Committee on Armed Services.
  • H.R. 3170 (King, R-Iowa), (national livestock identification system), would establish a Livestock Identification Board to create and implement a mandatory national livestock identification system. 151 Cong. Rec. H5600 (daily ed. June 30, 2005). The bill was referred to the Committee on Agriculture.
  • H.R. 3187 (Saxton, R-N.J.) (coastal watersheds and estuaries), would authorize the acquisition of land and interests in land to improve the conservation of, and to enhance the ecological values and functions of, coastal watersheds and estuarine areas to benefit both the environment and the economies of coastal communities. 151 Cong. Rec. H5602 (daily ed. June 30, 2005). The bill was referred to the Committee on Resources.
  • H.R. 3193 (Udall, D-Colo.) (national parks), would designate as wilderness certain lands within the Rocky Mountain National Park in the state of Colorado. 151 Cong. Rec. H5602 (daily ed. June 30, 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 Colorado Hazardous Waste Commission is proposing amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 265.52, content of contingency plan. The changes require the contingency plan to include additional information about fire protection districts.
  • The Florida Department of Environmental Protection is developing rules to adopt no fee permits for specified environmental enhancement and restoration projects funded or conducted by the U.S. Army Corps of Engineers.
  • The Massachusetts Department of Environmental Protection has proposed regulations to add certain construction and demolition debris materials--including asphalt paving, brick, concrete, metal, and wood--to its list of materials banned from disposal or transfer for disposal.
  • The Virginia Water Control Board is proposing amendments to general Virginia pollutant discharge elimination system permits for ready-mix concrete facilities, seafood processing facilities, and coin operated laundry 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

AMAZON WATER PROJECT ANNOUNCED AT INTERNATIONAL CONFERENCE:

  • At the International Waters Conference in Salvador da Bahia, Brazil, which was held June 20-25, 2005, the Global Environment Facility announced that it will fund a new project that brings together eight Amazon Basin countries to better manage water. The project will work with the Amazon Basin countries Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Surinam, and Venezuela to coordinate their currently fragmented efforts. This work will include harmonization of the countries' existing water laws. See http://www.ens-newswire.com/ens/jun2005/2005-06-28-02.asp

CHINESE OFFICIALS RECOGNIZE ENVIRONMENTAL ENFORCEMENT IMPORTANCE:

  • On June 29, 2005, the director of China's State Environmental Protection Administration announced that the improvement of environmental law enforcement is crucial during China's development. In 2004, China experienced over 4,000 environmental accidents in which hampered enforcement was a problem, prompting the director to announce that his agency will work to fight lax enforcement at the local level. See http://news.xinhuanet.com/english/2005-06/29/content_3154020.htm

G8 SUMMIT REACHES FOR CLIMATE CHANGE DEAL:

  • Leaders at the G8 Summit held July 6-8, 2005, at Gleneagles Hotel, Perthshire, United Kingdom, attempted to reach an agreement on global warming. British Prime Minister Tony Blair said he would like the talks to move beyond the Kyoto Protocol and look toward future consensus. U.S. President George W. Bush asserted that the United States will not agree to any targets that could damage the economy. Environmental groups such as Greenpeace expressed dissatisfaction, saying that the search for agreement will only lead to confusion. See http://www.nytimes.com/reuters/news/news-group1.html?

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

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