Jump to Content

Weekly Update Volume 35, Issue 5

02/14/2005

LITIGATION

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

ELEVENTH AMENDMENT, SOVEREIGN IMMUNITY, AIR POLLUTION CONTROL DISTRICTS:

The Ninth Circuit held that California's air pollution control districts are not arms of the state and therefore are not entitled to sovereign immunity under the Eleventh Amendment. To determine whether an entity is an arm of the state, the Ninth Circuit uses a five-point test that looks at whether a money judgment would be satisfied out of state funds, whether the entity performs central governmental functions, whether the entity may sue or be sued, whether the entity has the power to take property in its own name or only in the name of the state, and the corporate status of the entity. All five factors of this test lead to the conclusion that the districts are not instrumentalities of the state. Consequently, a former employee of an air pollution control district may go forward with his Americans with Disabilities Act suit against that district. Beentjes v. Placer County Air Pollution Control District, No. 03-15598, 35 ELR 20028 (9th Cir. Feb. 4, 2005) (19 pp.).

SMCRA, TAKINGS, RIPENESS:

The Federal Circuit reversed a lower court decision that SMCRA produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel Boone National Forest to the United States but it retained the mineral rights. In 1977, U.S. Congress enacted SMCRA, which prohibits surface mining, including surface activity associated with underground mining, in national forests unless the party seeking to mine has "valid existing rights." In 1986, the OSM determined that the company did not have valid existing rights. Instead of seeking a compatibility determination, the company decided to file suit claiming that the denial of valid existing rights constituted a taking of their property. The lower court erred when it determined that a physical taking occurred. At no time was the company required to suffer the physical occupation of either the government or a third party on either the mineral estate or the implied appurtenant easement. In addition, the company's claim that SMCRA caused a regulatory taking is not ripe. By refusing to seek a compatibility determination, the court cannot determine whether or to what extent the agency will restrict the use of the property at issue. Stearns Co., Ltd. v. United States, 04-5031, 35 ELR 20029 (Fed. Cir. Jan. 28, 2005) (8 pp.).

LAND USE, WILDERNESS, FINAL APPEALABLE DECISION:

The Tenth Circuit dismissed intervenors' appeal of a district court order approving a settlement in a suit originally filed to halt a wilderness inventory to assess whether several million acres in Utah meet criteria for wilderness eligibility. On April 14, 2003, the district court granted the plaintiffs' and defendants' joint motions to approve the settlement and to dismiss the complaint. The court subsequently granted intervenors leave to intervene and to file cross-claims. Those cross-claims are still pending. Thus, the April 14 order is not a final appealable decision because it did not terminate all matters as to all parties and causes of action. Further, the appeal fails to meet any of the criteria for exceptions to the final judgment rule. The district court did not certify this case under Fed. R. Civ. P. 54(b) and the intervenors do not assert, nor could the court conclude, that the collateral order doctrine applies. The appeal was therefore dismissed as interlocutory. Utah v. Norton, No. 03-4147, 35 ELR 20034 (10th Cir. Feb. 8, 2005) (12 pp.).

INDIAN REORGANIZATION ACT, TRUST LAND:

The First Circuit upheld the Secretary of the Interior's decision to take into trust a 31-acre parcel of land located in Charleston, Rhode Island, for the benefit of the Narragansett Indian Tribe of Rhode Island. The Indian Reorganzation Act authorized the Secretary to aquire the land in trust for the benefit of the tribe. This authority extends to the tribe regardless of the status of its acknowledgement in 1934 when the statute was enacted. Further, the Act does not constitute an unlawful delegation of congressional authority or offend the Enclave Clause, the Admissions Clause, or the Tenth Amendment of the U.S. Constitution. Nor does the Rhode Island Indian Land Claims Settlement Act of 1978 prohibit the creation of sovereign territory for the tribe, and the Secretary's acceptance of the parcel into trust was not arbitrary, capricious, or an abuse of discretion in violation of the APA and/or otherwise not in accordance with the law. The court, however, did not make any determination regarding the applicability of the state's civil and criminal laws and jurisdiction on the new trust land. Carcieri v. Norton, No. 03-2647, 35 ELR 20035 (1st Cir. Feb. 9, 2005) (49 pp.).

RAILROADS, NEPA:

The Sixth Circuit upheld the Surface Transportation Board's grant of a railroad company's request to operate an intermodal transportation facility on city property. Local governments argued that the company's proposal was a sham designed to prevent the surrounding cities from taking the property by eminent domain as part of their riverfront redevelopment plans. Under federal preemption, state and local governments may not condemn railroad property that is under the regulatory jurisdiction of the Board. The Board, however, reasonably concluded that the company proposed a bona fide railroad and transportation facility. In addition, based on the EA prepared under NEPA, the Board reasonably concluded that, as long as certain conditions were met, the project would have no significant impact on the human environment. City of Riverview v. Surface Transportation Board, Nos. 03-4174 et al., 35 ELR 20036 (6th Cir. Feb. 10, 2005) (8 pp.).

CERCLA, PRPs, LIABILITY:

A district court held that a company that concededly bears some legal responsibility under CERCLA for contamination at particular sites but has not been the subject of a previous civil action under CERCLA §§106 or 107(a) and has not entered into a settlement of its CERCLA liability with the federal government or a state government may not seek to recover response costs from other parties that bear some responsibility for contamination at those same sites. Not having been previously sued under §§106 or 107, the company is precluded by Cooper Industries v. Aviall Services, 125 S. Ct. 577, 34 ELR 20154 (2004), from seeking recovery under §113(f)(1). Thus, any successful CERCLA claim by the company regarding the sites at issue in this case would have to be pursuant to §107(a). But the problem the company faces in making a §107(a) claim is that existing Second Circuit precedent, Bedford Affiliates v. Sills, 156 F.3d 416, 29 ELR 20229 (2d Cir. 1998), appears to preclude a party who is a PRP with respect to a particular site and who lacks a §107(b) affirmative defense with respect to that site from proceeding under §107(a). The company did not dispute its designation as a PRP or contend that it qualifies for an affirmative defense under §107(b) so as to escape the prohibition of Bedford Affiliates. And it failed to convince the court that Bedford Affiliates is no longer binding law. The court, therefore, granted summary judgment to defendants on the company's CERCLA causes of action. Elementis Chemicals, Inc. v. T.H. Agriculture & Nutrition, LLC, No. 03 Civ. 5150(LBS), 35 ELR 20030 (S.D.N.Y. Jan. 31, 2005) (Sand, J.) (13 pp.).

CERCLA, OPERATOR LIABILITY:

A district court dismissed the United States' action against a utility and its subcontractor to recover response costs incurred at the MacGillis and Gibbs/Bell Lumber & Pole Superfund site in New Brighton, Minnesota. In the autumn of 2000, the forcemains at the site constructed by EPA were ruptured during the defendants' drilling activities for the installation of an underground communication line. The rupture of the forcemains resulted in the release or threatened release of hazardous substances from untreated groundwater back into the environment. The government incurred approximately $130,030 in costs to repair the ruptured underground lines. The utility and its subcontractor, however, are not subject to operator liability. Defendants did not conduct any activities relating to the handling and management of hazardous substances on the site. Nor did their utility work on the land adjacent to the site specifically relate to pollution. The legislative history of CERCLA also undercuts the government's attempt to extend CERCLA operator liability to anyone who inadvertently comes into contact with hazardous substances from a Superfund site. United States v. Qwest Corp., No. CIV. 04-3540MJDFLN, 35 ELR 20031 (D. Minn. Jan. 24, 2005) (Davis, J.) (4 pp.).

ESA, GRAY WOLF:

A district court enjoined and vacated a final FWS rule that reduced protection afforded to the gray wolf under the ESA by changing its status from "endangered" to "threatened" in some regions. The FWS' interpretation of "significant portion of its range" was not entitled to deference because it is contrary to the ESA and Ninth Circuit precedent. FWS determined which areas were significant portions of the wolf's range solely in terms of the wolf's survival as a species. There is no difference between the danger of extinction throughout "all" and "a significant portion" of a species' range if "a significant portion of its range" is defined only in terms of the survival of the species. In addition, FWS' extension of boundaries of only distinct population segments in which gray wolf populations had achieved recovery goals to encompass the wolf's entire historical range was arbitrary and capricious. Further, the FWS's downlisting of entire distinct population segments, without analyzing threats to the gray wolf outside of its current range, was inconsistent with the ESA and, thus, was arbitrary and capricious. However, the FWS' conservation program for the gray wolf satisfied its statutory duty to use all necessary measures to conserve endangered species. Defenders of Wildlife v. Secretary, No. Civ. 03-1348-JO, 35 ELR 20033 (D. Or. Jan. 31, 2005) (Jones, J.) (13 pp.).

TRANSURANIC WASTE, RCRA, WASHINGTON STATE HAZARDOUS WASTE MANAGEMENT ACT (HWMA):

A district court granted the state of Washington's motion for partial summary judgment on its claim that DOE violated the HWMA when it decided to ship radioactive and hazardous mixed transuranic waste to the Hanford Nuclear Reservation. DOE argued that 1996 amendments to the Land Withdrawal Act precludes the state from applying the HWMA's land disposal restriction provisions to transuranic waste mixed with non-radioactive hazardous waste (TRUM) bound for Hanford or already stored there. Yet the plain language of the Act reveals that the TRUM exemption applies only to the Waste Isolation Pilot Plant (WIPP) located in New Mexico. At a minimum, the language "designated by the Secretary for disposal at WIPP" is ambiguous, requiring examination of the legislative history of the 1996 amendments. This examination leads to the conclusion that the exemption applies only to WIPP, and that federal RCRA and Washington state HWMA regulations pertaining to treatment standards and disposal and storage prohibitions remain in effect at Hanford with respect to TRUM already stored there or intended to be shipped there. State v. Abraham, No. CV-03-5018-AAM, 35 ELR 200032 (E.D. Wash. Jan. 24, 2005) (McDonald, J.) (8 pp.).

EMINENT DOMAIN, JUST COMPENSATION:

A California appellate court held that for determining just compensation in a "quick" take eminent domain action, the date of valuation should be the date a deposit of probable compensation was made rather than the date of trial on the issue of just compensation. Under California law, the date of valuation of the property is statutorily required to be no later than the date the condemner deposits probable compensation for the owner. Although the owner's right to receive just compensation is a constitutional requirement that "cannot be made to depend on state statutory provisions," the date of valuation will ensure that the owner receives just compensation at the time of the taking. Mt. San Jacinto Community College District v. Superior Court of Riverside, No. E035868, 35 ELR 20027 (Cal. App. 4th Dist. Feb. 4, 2005) (20 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 national emission standards to control hazardous air pollutants emitted from catalytic cracking units, catalytic reforming units, and sulfur recovery units at petroleum refineries. 70 FR 6973 (2/9/05).
  • EPA amended the NESHAPs for leather finishing operations by clarifying the frequency for categorizing leather product process types, modifying the definition of specialty leather, adding a definition for vacuum mulling, and adding another way to determine the actual monthly solvent loss from an affected source. 70 FR 6361 (2/7/05).
  • EPA proposed to redesignate several counties in the Kansas City area to attainment for the eight-hour ozone NAAQS. 70 FR 7071 (2/10/05).
  • EPA redesignated to attainment the Yakima, Washington, nonattainment area for particulate matter with an aerodynamic diameter less than or equal to 10 micrometers (PM10) and approved the limited maintenance plan for the Yakima, Washington, PM10 nonattainment area. 70 FR 6593 (2/8/05).

FISHERIES:

  • NOAA announced temporary restrictions that provide protection to North Atlantic right whales for 15 days and that apply to lobster trap/pot and anchored gillnet fisherman in an area approximately 1,415 square nautical miles east of Portsmouth, New Hampshire. 70 FR 6781 (2/9/05).
  • NMFS proposed to approve and implement changes to the International Pacific Halibut Commission's regulatory area off the coast of California, Oregon, and Washington. 70 FR 6406 (2/7/05).

MINING:

  • OSM approved a proposed amendment to the West Virginia regulatory program under SMCRA; the amendment makes the state program consistent with the federal program and includes new provisions that ensure reclamation and husbandry techniques are conducive to the development of productive forestlands and wildlife habitat after mining. 70 FR 6591 (2/8/05).

NATURAL RESOURCES:

  • The U.S. Forest Service notified the public of an administrative settlement under which the Butte Highlands Mining Company will pay the Forest Service $100,000 to reimburse it for a portion of response costs incurred at the Butte Highlands Mill site in Montana. 70 FR 6409 (2/7/05).

PESTICIDES:

  • EPA received an exemption request from the Louisiana Department of Agriculture and Forestry to use the pesticide carbofuran to treat up to 300,000 acres of rice to control rice water weevil. 70 FR 7266 (2/11/05).
  • EPA removed time-limited tolerances for several pesticides that were originally established to support emergency exemptions issued under FIFRA §18 because the tolerances have expired and are now obsolete. 70 FR 7047 (2/10/05).

PRESIDENTIAL PROCLAMATION:

  • The President issued Presidential Proclamation 7867 to celebrate February 1, 2005, as the centennial of the U.S. Forest Service, stating that the Service has "combined this ethic of good stewardship with sound science and a spirit of innovation to cultivate and sustain our forests in ways that benefit our entire society," and that it helps "prevent destructive wildfires, returns forests to a healthier natural condition, and maintains a full range of forest types." 70 FR 6548 (2/7/05).

SOLID AND HAZARDOUS WASTES:

  • EPA proposed to enter into a settlement for partial reimbursement of past response costs with 54 de minimis parties in connection with the Carolina Steel Drum Superfund site in York County, South Carolina. 70 FR 7108 (2/10/05).
  • EPA proposed to enter into a settlement for the partial reimbursement of past response costs with a de minimis party in connection with the Carolina Steel Drug Superfund site. 70 FR 7108 (2/10/05).
  • EPA authorized changes to South Carolina's hazardous waste program because South Carolina satisfied all the requirements needed for final authorization. 70 FR 6771 (2/9/05).
  • EPA proposed to grant a petition submitted by Shell Oil Co. to exclude a certain sludge waste generated by its Houston, Texas, Deer Park facility from the lists of hazardous wastes. 70 FR 6819 (2/9/05).

TOXIC SUBSTANCES:

  • EPA announced that the Oak Ridge Institute of Science and Education, under an Interagency Agreement with EPA, will convene a panel of experts and organize and conduct an external peer-review panel meeting to review the external review draft document entitled, "Toxicological Review of n-Hexane: In Support of Summary Information on the Integrated Risk Information System.'' 70 FR 7259 (2/11/05).
  • EPA received a request from the Interagency Testing Committee to add a category of high production volume chemicals to the TSCA §8(a) preliminary assessment information reporting rule and the TSCA §8(d) health and safety data reporting rule, while removing other chemicals from the priority testing list. 70 FR 7377 (2/11/05).
  • The Department of Health and Human Services' National Toxicology Program announced the availability of the Report on Carcinogens, Eleventh Addition, which is a congressionally mandated listing of known human carcinogens and anticipated carcinogens. 70 FR 6723 (2/8/05).

WILDLIFE:

  • FWS proposed to reintroduce northern aplomado falcons into their historic habitat in southern New Mexico and Arizona with the purpose of establishing a viable resident population. 70 FR 6828 (2/9/05).

DOJ NOTICES OF SETTLEMENT:

  • In Re Armstrong World Industries, Inc., No. 00-4471 (Bankr. Ct. D. Del. Jan. 28, 2005). Settling CERCLA defendants must allow the United States a resolve of $8,727,738.80 in connection with 19 liquidated sites and must permit EPA to resolve any alleged liability of Armstrong World Industries at any additional sites; any settlements or judgments reached at these sites will be paid at the rate at which the general unsecured claims against Armstrong World Industries will be paid. 70 FR 7120 (2/10/05).
  • United States v. ConocoPhillips Co., No. H-05-0258 (S.D. Tex. Jan. 27, 2005). A settling CAA defendant must implement innovative pollution control technologies to reduce emissions of nitrogen oxides, sulfur dioxide, and particulate matter from refinery process units; adopt facility-wide enhanced benzene waste monitoring and fugitive emission controls programs; pay a civil penalty of $4,525,000 for settlement of the claims in the complaint; and undertake both federal and state environmentally beneficial projects worth more than $10,000,000. 70 FR 7120 (2/10/05).
  • United States v. Port of Tacoma, No. 3:05-CV-05103 FDB (W.D. Wash. Feb. 8, 2005). Settling CERCLA defendants must perform injunctive relief and clean up the Head of Hylebos waterway problem area of the Commencement Bay/Neashore Tideflats Superfund site. 70 FR 7306 (2/11/05).

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

THE CONGRESS

BILLS INTRODUCED:

  • S. 301 (Leahy, D-Vt.) (Connecticut River watershed), 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. 151 Cong. Rec. S1049 (daily ed. Feb. 7, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 304(Lautenberg, D-N.J.) (exotic animals), would amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals. 151 Cong. Rec. S1049 (daily ed. Feb. 7, 2005). The bill was referred to the Committee on the Judiciary.
  • S. 307(Santorum, R-Pa.) (Farm Security and Rural Investment Act of 2002), would amend the Farm Security and Rural Investment Act of 2002 to extend national dairy market loss payments. 151 Cong. Rec. S1049 (daily ed. Feb. 7, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 310 (Ensign, R-Nev.) (land conveyance), would direct the Secretary of the Interior to convey the Newlands Project Headquarters and Maintenance Yard Facility to the Truckee-Carson Irrigation District in the state of Nevada. 151 Cong. Rec. S1115 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 322(Jeffords, I-Vt.) (National Heritage areas), would establish the Champlain Valley National Heritage Partnership in the states of Vermont and New York. 151 Cong. Rec. S1116 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 323(Talent, R-Mo.) (national park), would authorize the Secretary of the Interior to study the suitability and feasibility of designating the French Colonial Heritage Area in the state of Missouri as a unit of the National Park System. 151 Cong. Rec. S1116 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 326(Smith, R-Or.) (Renewable Energy Production Incentive program), would reauthorize and revise the Renewable Energy Production Incentive program. 51 Cong. Rec. S1198 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 336(Sarbanes, D-Md.) (national historic trail), would direct the Secretary of the Interior to carry out a study of the feasibility of designating the Captain John Smith Chesapeake National Historic Watertrail as a national historic trail. 151 Cong. Rec. S1198 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 339(Reid, D-Nev.) (hunting and fishing), would reaffirm the authority of States to regulate certain hunting and fishing activities. 151 Cong. Rec. S1199 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on the Judiciary.
  • S. 342 (McCain, R-Ariz.) (greenhouse gas emissions), would provide for a program of scientific research on abrupt climate change, to accelerate the reduction of greenhouse gas emissions in the United States by establishing a market-driven system of greenhouse gas tradeable allowances, to limit greenhouse gas emissions in the United States and reduce dependence upon foreign oil, and ensure benefits to consumers from the trading in such allowances. 151 Cong. Rec. S1259 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 346 (Stabenow, D-Mich.) (Solid Waste Disposal Act), would amend the Solid Waste Disposal Act to prohibit the importation of Canadian municipal solid waste without state consent. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 353 (Conrad, D-N.D.) (Water Resources Development Act of 1999), would amend the Water Resources Development Act of 1999 to direct the Secretary of the Army to provide assistance to design and construct a project to provide a continued safe and reliable municipal water supply system for Devils Lake, North Dakota. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 356 (Brownback, R-Kan.) (land conveyance), would direct the Secretary of the Army to convey to the Geary County Fire Department certain land in the state of Kansas. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Armed Services.
  • S. 361 (Snowe, R-Me.) (oceans, coasts, and lakes), 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. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 362 (Inouye, D-Haw.) (marine environment and navigation safety), 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. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 363 (Inouye, D-Haw.) (Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990), would amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish vessel ballast water management requirements. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 364 (Inouye, D-Haw.) (coastal and ocean mapping activities), would establish a program within NOAA to integrate federal coastal and ocean mapping activities. 151 Cong. Rec. S1260 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • H.R. 619 (Beauprez, R-Colo.) (federal property), would amend title 40, United States Code, to authorize the Administrator of General Services to lease and redevelop certain federal property on the Denver Federal Center in Lakewood, Colorado. 151 Cong. Rec. H410 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 622 (Bono, R-Cal.) (renewable energy), would authorize and revise the Renewable Energy Production Incentive program. 151 Cong. Rec. H410 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 624 (Camp, R-Mich.) (FWPCA), would amend the FWPCA to authorize appropriations for sewer overflow control grants. 151 Cong. Rec. H410 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 630 (Grijalva, D-Ariz.) (land exchange), would authorize the Secretary of the Interior to convey certain federal lands to the City of Yuma, Arizona, in exchange for certain lands owned by the City of Yuma, Arizona. 151 Cong. Rec. H410 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Resources.
  • H.R. 631 (Grijalva, D-Ariz.) (mineral rights), would provide for acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the tribe. 151 Cong. Rec. H410 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Resources.
  • H.R. 668 (Waxman, D-Cal.) (lead; children safety), would direct the Consumer Product Safety Commission to classify certain children's products containing lead to be banned hazardous substances. 151 Cong. Rec. H412 (daily ed. Feb. 8, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 679 (Cannon, R-Utah) (land conveyance), would direct the Secretary of the Interior to convey a parcel of real property to Beaver County, Utah. 151 Cong. Rec. H520 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 680 (Cannon, R-Utah) (land conveyance), would direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the City of Richfield, Utah. 151 Cong. Rec. H520 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 681 (Cannon, R-Utah) (Mineral Leasing Act), would amend the Mineral Leasing Act to authorize the Secretary of the Interior to issue separately, for the same area, a lease for tar sand and a lease for oil and gas. 151 Cong. Rec. H520 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 690 (Bartlett, R-Md.) (National Trails System Act), would amend the National Trails System Act to authorize an additional category of national trail known as a national discovery trail, to provide special requirements for the establishment and administration of national discovery trails, and to designate the cross-country American Discovery Trail as the first national discovery trail. 151 Cong. Rec. H521 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 694 (Clyburn, D-S.C.) (Gullah/Geechee cultural heritage), would enhance the preservation and interpretation of the Gullah/Geechee cultural heritage. 151 Cong. Rec. H521 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 705 (Gilchrest, R-Md.) (fuel efficiency standards), would amend title 49, United States Code, to require phased increases in the fuel efficiency standards applicable to light trucks; to require fuel economy standards for automobiles up to 10,000 pounds gross vehicle weight; and to increase the fuel economy of the federal fleet of vehicles. 151 Cong. Rec. H521 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Energy and Commerce, and to the Committee on Government Reform.
  • H.R. 718 (Miller, R-Mich.) (FWPCA), would amend the FWPCA to direct the Great Lakes National Program Office of EPA to develop, implement, monitor, and report on a series of indicators of water quality and related environmental factors in the Great Lakes. 151 Cong. Rec. H522 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Energy and Commerce, and to the Committee on Government Reform.
  • H.R. 722 (Oberstar, D-Minn.) (energy use), would authorize programs and activities to improve energy use related to transportation and infrastructure facilities. 151 Cong. Rec. H522 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committees on Science, Ways and Means, and Resources.
  • H.R. 723 (Pombo, R-Cal.) (highway construction), would direct the Secretary of Transportation to conduct a study to determine the feasibility of constructing a highway in California connecting State Route 130 in Santa Clara County with Interstate Route 5 in San Joaquin County, and to determine the feasibility of constructing a fixed guideway system along the right-of-way of the highway. 151 Cong. Rec. H522 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 731 (Udall, D-Colo.) (hunting and fishing), would reaffirm the authority of states to regulate certain hunting and fishing activities. 151 Cong. Rec. H523 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 732 (Udall, D-N.M.) (national heritage area), would establish the Northern Rio Grande National Heritage Area in the state of New Mexico. 151 Cong. Rec. H523 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Resources.
  • H.R. 737 (Woolsey, D-Cal.) (energy program), would establish an energy program for the United States that unlocks the potential of renewable energy and energy efficiency. 151 Cong. Rec. H523 (daily ed. Feb. 9, 2005). The bill was referred to the Committee on Science.
  • H.R. 755 (Costello, D-Ill.) (nonmilitary energy laboratories), would provide for the external regulation of nuclear safety and occupational safety and health responsibilities at any nonmilitary energy laboratory owned or operated by DOE. 151 Cong. Rec. H582 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Science, to the Committee on Energy and Commerce, and to the Committee on Education and the Workforce.
  • H.R. 757 (Dingell, D-Mich.) (FWPCA), would amend the FWPCA to increase certain criminal penalties. 151 Cong. Rec. H582 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on the Judiciary.
  • H.R. 759 (Gilchrest, R-Md.) (climate change), would provide for a program of scientific research on abrupt climate change to accelerate the reduction of greenhouse gas emissions in the United States by establishing a market-driven system of greenhouse gas tradeable allowances that will limit greenhouse gas emissions in the United States, reduce dependence on foreign oil, and ensure benefits to consumers from the trading in such allowances. 151 Cong. Rec. H582 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Science, and to the Committee on Energy and Commerce.
  • H.R. 760 (Hefley, R-Colo.) (national heritage areas), would establish a program and criteria for National Heritage Areas in the United States. 151 Cong. Rec. H582 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Resources.
  • H.R. 774 (Musgrave, R-Colo.) (Rocky Mountain National Park), would adjust the boundary of Rocky Mountain National Park in the state of Colorado. 151 Cong. Rec. H583 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Resources.
  • H.R. 779 (Radanovich, R-Cal.) (hydroelectric power production), would provide for a study of the potential for increasing hydroelectric power production at existing federal facilities. 151 Cong. Rec. H583 (daily ed. Feb. 10, 2005). The bill was referred to the Committee on Resources, and to the Committee on Transportation and Infrastructure.

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

IN THE STATES

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

RAINFORESTS:

  • The BBC reported on February 5, 2005, that seven countries in central Africa signed a treaty promising to protect and preserve Africa's vast rainforest. The talks included political leaders from the countries as well as representatives of both African and Western logging companies. See http://news.bbc.co.uk/2/hi/africa/4240063.stm

CLIMATE CHANGE:

IUCN COUNCIL MEETING:

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

Note: To order documents or request additional information, please call (800) 433-5120 or (202) 939-3844. Orders may also be sent by e-mail to orders@eli.org or by fax to (202) 939-3817. Please specify the issue of UPDATE about which you are inquiring. In most instances, for the cost of copying and postage, ELR can supply copies of materials cited. Charges for ELR Subscribers are 25 cents/page, $10 minimum; all others, 50 cents/page, $20 minimum. Documents may also be available free or at a nominal charge from the applicable court or agency. Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.

ELR STAFF

Leslie Carothers, Publisher
Scott Schang, Editor-in-Chief
Linda L. Johnson, Managing Editor
Rachel Jean-Baptiste, Associate Editor
Caroline Hermann, Assistant Editor
Sarah Wu, Contributing Editor
Dante Figueroa, Contributing Editor
Carolyn Fischer, Editorial Associate
William J. Straub, Desktop Publisher
April King, Editorial Assistant
Rachel Harris, Editorial Assistant