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Weekly Update Volume 35, Issue 22

08/01/2005

LITIGATION

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


FOIA, FEE WAIVERS:

The Tenth Circuit held that an environmental group should have been granted its request for a fee waiver for BLM documents it obtained under FOIA. The documents significantly contribute to the public understanding of the operations or activities of the BLM and therefore satisfy FOIA's standard for granting fee waivers. Forest Guardians v. United States Department of the Interior, No. 04-2098, 35 ELR 20153 (10th Cir. July 25, 2005) (18 pp.).


INJUNCTIONS, CATTLE, IMPORTATION:

The Ninth Circuit held that a lower court erred in preliminarily enjoining a USDA rule that permits the resumption of the importation of Canadian cattle to the United States. The importation of Canadian cattle had temporarily been barred due to fears of Bovine Spongiform Encephalopathy. The lower court's finding that the group challenging the rule had a strong likelihood of success on the merits was premised on legal error. The rule was not arbitrary or capricious under the APA, and the USDA violated neither the Regulatory Flexibility Act nor NEPA. Nor will the rule cause significant irreparable harm. The injunction was therefore reversed. Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture, No. 05-35264, 35 ELR 20152 (9th Cir. July 25, 2005) (56 pp.).


TAKINGS, MUNITIONS-HANDLING OPERATIONS, STATUTE OF LIMITATIONS:

The Federal Claims Court held that the Tucker Act's statute of limitations does not bar a development company's claim that U.S. Marine Corps munitions-handling operations at Blount Island, Florida, resulted in a temporary taking of the company's property without just compensation. The statute of limitations began to run on the company's claim only when the Marine Corps confirmed in a January 2001 letter that the munitions-handling operations at Blount Island no longer extended over the company's property. The company's claim therefore falls within the six-year statute of limitations. Reed Island-MLC, Inc. v. United States, No. 04-1130L, 35 ELR 20155 (Fed. Cl. July 22, 2005) (Lettow, J.) (12 pp.).


WETLANDS, CONSTITUTIONAL LAW:

The Delaware Supreme Court upheld an individual's conviction for violating the Delaware Wetlands Act when he built an erosion barrier on wetlands on his waterfront property without a permit. The statute is not overly broad because it does not unnecessarily restrict his constitutional right to access navigable waterways. It merely requires him to obtain a permit before conducting certain activities on his property. Further, the statute is not unconstitutionally vague. The statute provides minimum guidelines for its enforcement, and the statute's use of the term "construction" should be easily understood by a reasonable person. Last, his claims concerning court error during trial were without merit. Wien v. State, No. 349, 2004, 35 ELR 20156 (Del. July 22, 2005) (14 pp.).


CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ATTORNEYS FEES:

A California appellate court upheld the denial of a citizen group's motion for attorneys fees in its CEQA action against a city in connection with the approval of a retail warehouse construction project. There were no significant benefits derived by a large number or class of people as a result of the group's case, and the group did not obtain the outcome it desired. Although the group was successful on its claim that the mitigated negative declaration for the project needed to be revised, the mere vindication of a statutory violation is not sufficient to be considered a substantial benefit by itself. Concerned Citizens of La Habra v. City of La Habra, No. G034014, 35 ELR 20154 (Cal. App. 4th Dist. July 25, 2005) (10 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 proposed amendments to the NESHAPs for the plywood and composite wood products source category. 70 FR 44011 (7/29/05).

  • SIP Approval: Indiana (process weight rule), 70 FR 42499 (7/25/05).

  • SIP Proposals: California (particulate matter, emissions budgets), 70 FR 43673 (7/28/05); Indiana (process weight rule; see above for direct final rule), 70 FR 42520 (7/25/05); Maryland (emissions budgets), 70 FR 43818 (7/29/05).

HAZARDOUS AND SOLID WASTE:



  • EPA entered into a proposed cost recovery settlement for $70,000 in U.S. response costs incurred at the PRC Patterson Superfund site in Patterson, California. 70 FR 43426 (7/27/05).

  • EPA entered into a proposed cost recovery settlement for $10,000 in U.S. response costs incurred at the Plain City Drum Superfund site in Weber County, Utah. 70 FR 43426 (7/27/05).

  • EPA announced a proposed agreement and covenant not to sue between the United States and Phoenix International Terminal LLC, which is purchasing 140 acres of the Tex Tin Corporation Superfund site in Texas City, Texas. 70 FR 43145 (7/26/05).

  • EPA proposed to approve revisions to Indiana's municipal solid waste landfill permit program. 70 FR 43106 (7/26/05).

  • EPA approved a petition submitted by Bayer Material Science LLC to exclude a certain liquid waste generated at its Baytown, Texas, plant from the lists of hazardous wastes. 70 FR 42505 (7/25/05).

LAND MANAGEMENT:



  • The National Forest Service adjusted its land management plan revision process for National Forests in Mississippi to conform with new planning regulations adopted in January 2005. 70 FR 43392 (7/27/05).

PESTICIDES:



  • EPA announced the availability of its guidance and other documents related to the use of activity-based reentry restrictions for workers in fields where pesticides are used. 70 FR 43426 (7/27/05).

TOXIC SUBSTANCES:



  • EPA denied a request from the People for the Ethical Treatment of Animals to institute and enforce rules incorporating animal welfare principles for all chemical testing conducted in connection with TSCA. 70 FR 42546 (7/25/05).

WATER:



  • EPA announced the availability of the final guidelines for the tribal drinking water operator certification program. 70 FR 43868 (7/29/05).

  • EPA announced the availability of a memorandum that provides national guidance for the allocation of funds for Operator Training Grants under the CWA during fiscal year 2005. 70 FR 43692 (7/28/05).

WILDLIFE:



  • FWS announced a five year review of 13 endangered and threatened species from the southeastern United States. 70 FR 43173 (7/26/05).

  • FWS announced the availability of a draft comprehensive conservation plan and EIS for Pelican Island National Wildlife Refuge in Sebastian, Florida. 70 FR 43448 (7/27/05).

  • FWS announced the availability of a draft comprehensive conservation plan and EIS for Cameron Prairie National Wildlife Refuge in Cameron Parish, Louisiana. 70 FR 43446 (7/27/05).

  • NMFS enacted rules that allow state and federal employees of resources management agencies to take endangered sea turtles for specified purposes when acting in the course of their official duties. 70 FR 42510 (7/25/05).

  • NMFS announced temporary restrictions on lobster trap/pot and anchored gillnet fishing in an area southeast of Chatham, Massachusetts, to provide protection to an aggregation of northern right whales. 70 FR 43077 (7/26/05).

  • NMFS proposed regulations to govern the incidental take of marine mammals by BP Exploration at the Northstar facility in the Beaufort Sea. 70 FR 42530 (7/25/05).

DOJ NOTICES OF SETTLEMENT:



  • United States v. BP Exploration & Oil Co., No. 2:96 CV 095 RL (N.D. Ind. July 14, 2005). A prior consent decree with a CAA defendant was amended to update the emissions limits for nitrogen oxide and sulfur dioxide at oil refineries and other provisions that have been negotiated with refiners since the original decree. 70 FR 43453 (7/27/05).

  • United States v. City of Glen Cove, No. CV-05-3279 (E.D.N.Y. July 11, 2005). Settling CERCLA defendants must pay a total of $2.3 million to reimburse the United States for a portion of the costs incurred at the Li Tungsten Superfund site in Glen Cove, New York. 70 FR 43453 (7/27/05).

  • United States v. City of New Iberia, No. 04-1351 (W.D. La. July 12, 2005). A settling CWA defendant must build a new treatment works, must perform a variety of remedial actions to improve its sewage collection and treatment system, and must pay a $235,000 civil penalty, to be split equally between the United States and Louisiana, to resolve past effluent and sewer overflow violations. 70 FR 43454 (7/27/05).

  • United States v. Murray Pacific Corp., No. CO5-5473FDB (W.D. Wash. July 19, 2005). Settling CERCLA defendants must pay $302,000 to natural resource trustees including the state of Washington, the Puyallup Tribe of Indians, the Muckleshoot Indian Tribe, NOAA, and the DOI to compensate for natural resources damages caused by the release of hazardous substances into Commencement Bay, Washington. 70 FR 43454 (7/27/05).

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


THE CONGRESS

CHAMBER ACTION:



  • S. 47 (Pecos National Historical Park Land 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. 151 Cong. Rec. S9018 (daily ed. July 26, 2005).

  • S. 52 (Beaver County, Utah, Land Conveyance), which would direct the Secretary of the Interior to convey a parcel of real property to Beaver County, Utah, was passed by the Senate. 151 Cong. Rec. S9043 (daily ed. July 26, 2005).

  • S. 54 (National Historic Trails Studies), which would amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, was passed by the Senate after agreeing to committee amendments. 151 Cong. Rec. S9043 (daily ed. July 26, 2005).

  • S. 55 (Rocky Mountain National Park Boundary Adjustment Act), which would adjust the boundary of Rocky Mountain National Park in the state of Colorado, was passed by the Senate. 151 Cong. Rec. S9026 (daily ed. July 26, 2005).

  • S. 56 (Rio Grande Natural Area Act), which would establish the Rio Grande Natural Area in the state of Colorado, was passed by the Senate. 151 Cong. Rec. S9043 (daily ed. July 26, 2005).

  • S. 128 (Northern California Coastal Wild Heritage Wilderness Act), which would designate certain public land in Del Norte, Humboldt, Lake, Mendocino, and Napa Counties in the state of California as wilderness and designate certain segments of the Black Butte River in Mendocino County, California, as a wild or scenic river, was passed by the Senate. 151 Cong. Rec. S9046 (daily ed. July 26, 2005).

  • S. 136 (Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act), which would authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the state of California in providing educational services for students attending schools located within Yosemite National Park and authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area and of Redwood National Park, was passed by the Senate after agreeing to committee amendments. 151 Cong. Rec. S9049 (daily ed. July 26, 2005).

  • S. 152 (Wild Sky Wilderness Act), which would enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the state of Washington by designating certain lower-elevation federal lands as wilderness, was passed by the Senate after agreeing to committee amendments. 151 Cong. Rec. S9031 (daily ed. July 26, 2005).

  • S. 153 (Rim of the Valley Corridor Study Act), which would direct the Secretary of the Interior to conduct a resource study of the Rim of the Valley Corridor in the state of California to evaluate alternatives for protecting the resources of the Corridor, was passed by the Senate. 151 Cong. Rec. S9018 (daily ed. July 26, 2005).

  • S. 156 (Ojito Wilderness Act), which would designate the Ojito Wilderness Study Area as wilderness and take certain land into trust for the Pueblo of Zia, was passed by the Senate. 151 Cong. Rec. S9020 (daily ed. July 26, 2005).

  • S. 176 (Alaska Hydroelectric Project), which would extend the deadline for commencement of construction of a hydroelectric project in the state of Alaska, was passed by the Senate. 151 Cong. Rec. S9031 (daily ed. July 26, 2005).

  • S. 178 (New Mexico Water Planning Assistance Act), which would provide assistance to the state of New Mexico for the development of comprehensive state water plans, was passed by the Senate. 151 Cong. Rec. S9021 (daily ed. July 26, 2005).

  • S. 207 (Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act), which would adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the state of Louisiana, was passed by the Senate. 151 Cong. Rec. S9028 (daily ed. July 26, 2005).

  • S. 212 (Valles Caldera Preservation Act), which would amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, was passed by the Senate. 151 Cong. Rec. S9019 (daily ed. July 26, 2005).

  • S. 214 (United States-Mexico Transboundary Aquifer Assessment Act), which would authorize the Secretary of the Interior to cooperate with the states on the border of Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, was passed by the Senate. 151 Cong. Rec. S9023 (daily ed. July 26, 2005).

  • S. 225 (Federal Land Recreational Visitor Protection Act), which would direct the Secretary of Agriculture to undertake a program to reduce the risks from and mitigate the effects of avalanches on recreational users of public land, was passed by the Senate. 151 Cong. Rec. S9019 (daily ed. July 26, 2005).

  • S. 229 (Albuquerque Biological Park Title Clarification Act), which would clear title to certain real property in New Mexico associated with the Middle Rio Grande Project, was passed by the Senate. 151 Cong. Rec. S9025 (daily ed. July 26, 2005).

  • S. 231 (Wallowa Lake Dam Rehabilitation and Water Management Act), which would authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon, was passed by the Senate. 151 Cong. Rec. S9033 (daily ed. July 26, 2005).

  • S. 232 (Fish Passage and Screening Facilities), which would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-federal water projects, was passed by the Senate. 151 Cong. Rec. S9033 (daily ed. July 26, 2005).

  • S. 244 (Wyoming Hydroelectric Project), which would extend the deadline for commencement of construction of a hydroelectric project in the state of Wyoming, was passed by the Senate. 151 Cong. Rec. S9033 (daily ed. July 26, 2005).

  • S. 263 (Paleontological Resources Preservation Act), which would provide for the protection of paleontological resources on federal lands, was passed by the Senate after agreeing to committee amendments. 151 Cong. Rec. S9035 (daily ed. July 26, 2005).

  • S. 264 (Hawaii Water Resources Act), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize certain projects in the state of Hawaii, was passed by the Senate after agreeing to an amendment. 151 Cong. Rec. S9034 (daily ed. July 26, 2005).

  • S. 272 (Caribbean National Forest Act), which would designate certain National Forest System land in the commonwealth of Puerto Rico as a component of the National Wilderness Preservation System, was passed by the Senate after agreeing to committee amendments. 151 Cong. Rec. S9034 (daily ed. July 26, 2005).

  • S. 276 (Wind Cave National Park Boundary Revision Act), which would revise the boundary of the Wind Cave National Park in the state of South Dakota, was passed by the Senate. 151 Cong. Rec. S9026 (daily ed. July 26, 2005).

  • S. 301 (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 after agreeing to an amendment. 151 Cong. Rec. S9027 (daily ed. July 26, 2005).

  • S. 1484 (Water Rights Settlement Act), which would amend the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990, was passed by the Senate. 151 Cong. Rec. S9053 (daily ed. July 26, 2005).

  • H.R. 38 (Upper White Salmon Wild and Scenic Rivers Act), which would designate a portion of the White Salmon River as a component of the National Wild and Scenic Rivers System was passed by the Senate, clearing the measure for the President. 151 Cong. Rec. S9051 (daily ed. July 26, 2005).

  • H.R. 794 (Colorado River Indian Reservation Boundary Correction Act), which would correct the south boundary of the Colorado River Indian Reservation in Arizona, was passed by the Senate, clearing the measure for the President. 151 Cong. Rec. S9053 (daily ed. July 26, 2005).

  • H.R. 1046 (Wyoming Water Project), which would authorize the Secretary of the Interior to contract with the city of Cheyenne, Wyoming, for the storage of the city's water in the Kendrick Project, Wyoming, was passed by the Senate, clearing the measure for the President. 151 Cong. Rec. S9050 (daily ed. July 26, 2005).

COMMITTEE ACTION:



  • H.R. 2130 (Marine Mammal Protection Act), was reported by the Committee on Resources. H. Rep. No. 109-180, 151 Cong. Rec. H6326 (daily ed. July 21, 2005). The bill would amend the Marine Mammal Protection Act of 1972 to authorize research programs to better understand and protect marine mammals.

BILLS INTRODUCED:



  • S. 1472 (Sarbanes, D-Md.) (water), would amend the Federal Water Pollution Control Act (FWPCA) and the Water Resources Development Act of 1992 to provide for the restoration, protection, and enhancement of the environmental integrity and social and economic benefits of the Anacostia Watershed in the state of Maryland and the District of Columbia. 151 Cong. Rec. S8746 (daily ed. July 22, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1477 (Martinez, R-Fla.) (Caribbean National Forest), would make funds generated form the Caribbean National Forest in the commonwealth of Puerto Rico available to the Secretary of Agriculture for land acquisition intended to protect the integrity of the buffer zone surrounding the Caribbean National Forest. 151 Cong. Rec. S8826 (daily ed. July 25, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1490 (Sarbanes, D-Md.) (Chesapeake Bay), would amend the FWPCA to require environmental accountability and reporting and to reauthorize the Chesapeake Bay Program. 151 Cong. Rec. S8948 (daily ed. July 26, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1491 (Sarbanes, D-Md.) (Chesapeake Bay), would amend the FWPCA to provide assistance for nutrient removal technologies to states in the Chesapeake Bay Watershed. 151 Cong. Rec. S8948 (daily ed. July 26, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1492 (Sarbanes, D-Md.) (environmental education), would amend the Elementary and Secondary Education Act of 1965 to establish a pilot program to make grants to eligible institutions to develop, demonstrate, or disseminate information on practices, methods, or techniques relating to environmental education and training in the Chesapeake Bay Watershed. 151 Cong. Rec. S8948 (daily ed. July 26, 2005). The bill was referred to the Committee on Health, Education, Labor, and Pensions.

  • S. 1493 (Sarbanes, D-Md.) (Chesapeake Bay), would require the Secretary of Agriculture to establish a program to expand and strengthen cooperative efforts to restore and protect forests in the Chesapeake Bay Watershed. 151 Cong. Rec. S8948 (daily ed. July 26, 2005). The bill was referred to the Committee on Agriculture, Nutrition ,and Forestry.

  • S. 1494 (Sarbanes, D-Md.) (NOAA), would amend the NOAA Authorization Act of 1992 to establish programs to enhance protection of the Chesapeake Bay. 151 Cong. Rec. S8948 (daily ed. July 26, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1496 (Crapo, R-Idaho) (migratory bird hunting), would direct the Secretary of the Interior to conduct a pilot program under which up to 15 states may issue electronic federal migratory bird hunting stamps. 151 Cong. Rec. S8948 (daily ed. July 26, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1497 (Murkowski, R-Alaska) (avian protection), would require the Secretary of the Interior to provide incidental take permits to public electric utilities that adopt avian protection plans. 151 Cong. Rec. S8949 (daily ed. July 26, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1498 (Allard, R-Colo.) (water distribution facilities), would direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District. 151 Cong. Rec. S8949 (daily ed. July 26, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1499 (Bunning, R-Ky.) (electricity), would amend the Federal Power Act to provide for competitive and reliable electricity transmission in the Commonwealth of Kentucky. 151 Cong. Rec. S8949 (daily ed. July 26, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 3418 (Edwards, D-Tex.) (wastewater and groundwater), would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Central Texas Water Recycling and Reuse Project. 151 Cong. Rec. H6431 (daily ed. July 25, 2005). The bill was referred to the Committee on Resources.

  • H.R. 3419 (Gibbons, R-Nev.) (mining of public lands), would direct the Secretary of the Interior to dispose of certain public lands that are subject to mining operations in Pershing County, Nevada, to support sustainable development opportunities for the community in which the mining operations occur through privatization of the lands allowing for productive post-mining land use that provides for economic development opportunities and local government revenues. 151 Cong. Rec. H6431 (daily ed. July 25, 2005). The bill was referred to the Committee on Resources.

  • H.R. 3420 (Leach, R-Iowa) (logging), would save taxpayers money, reduce the deficit, cut corporate welfare, protect communities from wildfires, encourage federal land management agency reform and accountability, and protect and restore America's natural heritage by eliminating the fiscally wasteful and ecologically destructive commercial logging program on federal public lands, restoring native biodiversity in our federal public forests, and facilitating the economic recovery and diversification of communities affected by the federal logging program. 151 Cong. Rec. H6431 (daily ed. July 25, 2005). The bill was referred to the Committee on Resources, the Committee on Agriculture, and the Committee on Education and the Workforce.

  • H.R. 3442 (Lowey, D-N.Y.) (animal traps), would end the use of conventional steel-jawed leghold traps on animals in the United States. 151 Cong. Rec. H6650 (daily ed. July 26, 2005). The bill was referred to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on International Relations.

  • H.R. 3443 (Musgrave, R-Colo.) (water distribution), would direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District. 151 Cong. Rec. S6650 (daily ed. July 26, 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 Alabama Department of Environmental Management (ADEM) proposes to amend a number of ADEM Administrative Code Rules pertaining to air pollution, including revisions to the definition of volatile organic compounds, the incorporation of the federal new source performance standards into ADEM's Air Pollution Code, and the promulgation of NESHAPs for the plywood and composite wood products CAA source category.

  • The Alaska Department of Environmental Conservation (DEC) proposes to revise Title 18 of the Alaska Administrative Code, dealing with Chapter 90, Pesticide Control, to implement new state legislation that authorizes the DEC to charge a fee to certified applicators and to charge chemical manufacturers a fee to register their pesticides and broadcast chemicals in the state.

  • The Iowa Utilities Board proposes to adopt a new rule to implement recent state legislation that assigns the Board the duty to determine whether a facility is eligible for state tax credits for wind energy and renewable energy.

  • The Maine Department of Environmental Protection proposes to establish a collection and recycling system that ensures the safe and environmentally sound handling, recycling, and disposal of televisions and computer monitors that are generated as waste by Maine households.

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

GM CROP TRAILS APPEAR TO HAVE CREATED A "SUPERWEED"



  • Researchers with the Centre for Ecology and Hydrology in the United Kingdom discovered that an engineered gene from herbicide-tolerant oilseed rape had been transferred to a wild relative of the genetically modified crop outside of the experimental field. The scientists said that the chances of the transfer occurring were slim, and that the environmental impact of the transfer was negligible because herbicide-tolerant weeds are usually out-competed by wild weeds. Environmentalists argued that the results show that if the herbicide-resistant oilseed rape were grown commercially, "superweeds" could become widespread. See http://news.bbc.co.uk/1/hi/sci/tech/4715221.stm

SOUTH AFRICA OFFERS CONSERVATION JOBS TO THE UNEMPLOYED



  • In 1995, the South African government began hiring unemployed people to remove non-native, water-consuming trees from important watersheds through a program called "Working for Water." The program now operates in every province and has inspired a number of sister programs that together are working to restore ecosystems across the country, including marshes that purify water and subtropical thickets that act as carbon sinks. See http://www.nytimes.com/2005/07/26/science/earth/26afri.html

U.S. PLANS A FIVE-NATION EMISSIONS PACT OUTSIDE OF KYOTO



  • Australia, China, India, South Korea, and the United States will sign a pact to curb the growth of greenhouse gas emissions. Australia and the United States are the only two developed nations that have not signed the Kyoto protocol. The pact is expected to reject the use of Kyoto-style caps on emissions. See http://www.cnn.com/2005/TECH/science/07/27/us.climate.pact.reut/index.html

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


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