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Weekly Update Volume 35, Issue 6

02/28/2005

LITIGATION

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

RCRA, IMMINENT AND SUBSTANTIAL ENDANGERMENT:

The Third Circuit affirmed a lower court's injunction under RCRA requiring a company to clean up a chromium-contaminated site along the Hackensack River in New Jersey. The company conceded that it is legally responsible for the site and that chromium is both a solid and hazardous waste under RCRA. Instead, it challenged the lower court's finding of an imminent and substantial endangerment to health or the environment. But the lower court's inadvertent legal error with respect to the higher requirements it applied was harmless, as plaintiffs were required to prove, and did prove, more than was needed, not less. And on the basis of all of the evidence, the imminent and substantial endangerment determination was not clearly erroneous. Nor did the lower court abuse its discretion in ordering the injunction requiring the excavation and removal of the contaminated waste. Given the severity of the contamination at the site and its other unique characteristics, precisely established in the evidence, the injunction was reasonably calculated, narrowly tailored, and thus necessary to remedy an established wrong. Further, the plaintiffs had standing. Interfaith Community Organization v. Honeywell International, Inc., Nos. 03-2760 et al., 35 ELR 20043 (3d Cir. Feb. 18, 2005) (36 pp.).

CAA, BEST AVAILABLE RETROFIT TECHNOLOGY (BART), REGIONAL HAZE RULE:

The D.C. Circuit granted a petition for review of EPA's approval of a regional alternative plan under the annex rule, which allows states to reduce regional haze by alternate means, including emissions trading programs, so long as the alternative would improve visibility more rapidly than under BART. To determine whether the submitted plan was better than BART, EPA used a BART methodology quite similar to the one the court condemned in American Corn Growers, Inc. v. EPA, 291 F.3d 1, 32 ELR 20658 (D.C. Cir. 2002). Center for Energy & Economic Development v. Environmental Protection Agency, No. 03-1222, 35 ELR 20044 (D.C. Cir. Feb. 18, 2005) (15 pp.).

CAA, STANDING:

The Eleventh Circuit held that an environmental organization lacks standing to challenge EPA's decision not to take any enforcement action against Alabama's and Florida's Title V CAA programs. The organization argued that both programs' standing requirements for judicial review were too stringent. Yet the organization itself lacked standing to challenge EPA's approval of the programs. It has not been harmed in any way by an Alabama or Florida Title V permit action, thus, it has suffered no injury from its inability to obtain judicial review of that action. Legal Environmental Assistance Foundation, Inc. v. United States Environmental Protection Agency, No. 03-16439, 35 ELR 20045 (11th Cir. Feb. 23, 2005) (9 pp.).

OUTER CONTINENTAL SHELF LANDS ACT (OCSLA), RIVERS AND HARBORS ACT (RHA), NEPA:

The First Circuit upheld the U.S. Army Corps of Engineers' issuance of a navigability permit under RHA §10 for the construction and maintenance of a data tower on the outer continental shelf (OCS) in Nantucket Sound. The Corps had jurisdiction to issue an RHA §10 permit for the data tower. As evidenced by the legislative history of the 1978 OCSLA amendments, the Corps's permitting authority on the OCS is not limited to structures related to the extraction of mineral resources. Nor did the Corps violate the APA by failing to properly consider the applicant's lack of a property interest in the OCS land. The applicable regulations do not require the Corps in a §10 case to resolve disputes over the ownership of public or private property, the Corps reasonably found that the tower's impact on federal property rights would be "negligible," and the tower involves no real infringement on federal interests in the OCS lands. And the Corps fully complied with its obligations under NEPA and CEQ regulations to engage with the public in preparing the EA and finding of no significant impact. Alliance to Protect Nantucket Sound, Inc. v. United States Department of the Army, No. 03-2604, 35 ELR 20040 (1st Cir. Feb. 16, 2005) (23 pp.).

NATIVE AMERICANS, TITLE TO LAND:

The First Circuit dismissed a Native American tribe's suit to recover 34 square-miles of land in Rhode Island they claim was wrongfully taken from their ancestors. The claim is barred by the Rhode Island Indian Claims Settlement Act. And although the United States does have a trust relationship with the tribe pertaining to land transactions that are or may be covered by the Indian Nonintercourse Act, the United States did not breach its fiduciary duty toward the tribe by failing to compensate the tribe for extinguishing any remaining aboriginal rights they may have had to land in Rhode Island. Greene v. Rhode Island, No. 03-2670, 35 ELR 20038 (1st Cir. Feb. 11, 2005) (24 pp.).

SUBMERGED LANDS, PARAMOUNTCY DOCTRINE, PREEMPTION:

The Ninth Circuit affirmed a lower court decision that the United States holds ownership rights to the submerged lands off the shores of the Commonwealth of the Northern Mariana Islands. Because the covenant establishing the commonwealth's political union with the United States places sovereignty and foreign affairs obligations in the United States, the paramountcy doctrine applies. And because the United States did not expressly cede its paramount rights to the submerged lands at issue here, summary judgment in favor of the United States was proper. Furthermore, the commonwealth's Submerged Lands Act and Marine Sovereignty Act of 1980, which assert the commonwealth's ownership of the submerged lands in dispute, are preempted since they are directly contrary to federal law. Northern Mariana Islands v. United States, No. 03-16556, 35 ELR 20047 (9th Cir. Feb. 24, 2005) (18 pp.).

CONTRACT LAW, REMEDIATION:

The Seventh Circuit held that the adequacy of a "no further remediation" letter issued by the Illinois Environmental Protection Agency is an issue for the state agency to decide. Under a contract between the former owner and subsequent owner of land, the former owner would be released from all claims concerning preexisting conditions at the site once it cleaned up the property and obtained a comprehensive "no further remediation" letter from the state environmental agency. The former owner cleaned up the land and obtained the letter, and the subsequent owner then sold the land. The subsequent owner, however, argued that it had to sell the property at a discounted price because the former owner made misrepresentations to the agency in order to obtain the letter. The subsequent owner sued the former owner claiming that it violated the contract because the letter was invalid. Yet only the state agency can void the letter, as it has expertise in these matters and is the proper authority for determining whether the former owner engaged in fraud or made misrepresentations. Because the letter remains legitimate, the contract has not been violated. St. Charles Manufacturing Ltd. Partnership v. Whirlpool Corp., No. 04-1762, 35 ELR 20039 (7th Cir. Feb. 11, 2005) (6 pp.).

CONTRACT LAW, NATURAL GAS PIPELINES:

The D.C. Circuit held that FERC properly modified the terms, set forth in earlier settlements, under which three natural gas shippers must ship gas over the lines of the El Paso Natural Gas Company. FERC did not err by converting the shippers' contracts from full requirements to contract demand arrangements, thereby obligating them to pay for additions to capacity necessitated by growth in their demand. The record contains substantial evidence of capacity curtailments on El Paso's mainline severe enough to render firm service unreliable and thus justify FERC's action. And FERC did not merely protect the gas company from an "improvident bargain," as the shippers allege, but exercised its authority to prevent "the imposition of an excessive burden" on third parties. Arizona Corp. Commission v. Federal Energy Regulatory Commission, No. 03-1206, 35 ELR 20037 (D.C. Cir. Feb. 11, 2005) (10 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), TRANSPORTATION:

A California appellate court upheld a city's approval of a general plan framework that includes proposed operational and physical improvements to traffic systems and infrastructure, policies to encourage the use of public transit and reduce vehicle trips, and other measures to reduce traffic congestion and improve accessibility in the Los Angeles, California, area. The general plan is not internally inconsistent or noncorrelative, and the city was not required to prepare a subsequent environmental impact report or a supplement. In addition, the city's adoption of a statement of overriding considerations, which found that the unavoidable significant environmental impacts, any potentially significant impacts due to the infeasibility of transportation mitigation measures, and the cumulative adverse impacts are acceptable in light of particular project benefits, was proper. The statement supplements the city's CEQA findings and supports its determination to proceed with the plan despite adverse environmental effects. Further, res judicata barred the petitioners' challenges to the city's findings concerning impacts on water resources, waste water, solid waste, open space, and utilities, and the evidence supports the city's findings on air quality impacts. Last, the petitioners failed to show error with respect to projections based on census data. Federation of Hillside & Canyon Ass'ns v. City of Los Angeles, No. B166819, 35 ELR 20041 (Cal. App. 2d Dist. Feb. 16, 2005) (32 pp.).

PROPERTY LAW, INVERSE CONDEMNATION:

A California appellate court held that the partial obstruction of billboards caused by a city's planning of palm trees is not compensable under the California Constitution. The trial court erred in finding loss of visibility would not be compensable based on the fact that the loss was caused by a public improvement constructed on land that was not taken from the billboard company. Nevertheless, the impairment of visibility of the billboards was not an actionable interference with the company's property rights. Regency Outdoor Advertising, Inc. v. City of Los Angeles, No. B159255, 35 ELR 20042 (Cal. App. 2d Dist. Feb. 17, 2005) (13 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 to revise the increments for nitrogen dioxide that were first established in 1988 under its program to prevent significant deterioration of air quality; the Agency is proposing three options: the first would not change the existing increments, and the other two options would all states to use alternative approaches in lieu of the existing increments for nitrogen dioxide to satisfy the statutory criteria for preventing significant deterioration of air quality due to emissions of nitrogen oxide. 70 FR 8879 (2/23/05).
  • EPA amended the new source performance standards for electric arc furnaces constructed between October 21, 1974, and August 17, 1983, and after August 17, 1983, to add alternative requirements for monitoring emissions from furnace exhausts and make minor editorial corrections. 70 FR 8534 (2/22/05).
  • EPA proposed standards of performance for new stationary combustion turbines that would reflect changes in nitrogen oxide emission control technologies and turbines bringing the emission limits up-to-date with the performance of current combustion turbines and their emissions. 70 FR 8332 (2/18/05).
  • EPA seeks public comment to help the Agency identify and improve monitoring in applicable requirements under the CAA that is potentially inadequate with respect to the statutory monitoring requirements for operating permits issued under title V of the Act. 70 FR 7909 (2/16/05).
  • EPA approved the CAA §§111(d)/129 state plan submitted by the Connecticut Department of Environmental Protection that would implement and enforce provisions as protective as the federal emission guidelines, which are applicable to existing large and small municipal waste combustion units. 70 FR 9229 (2/25/05).
  • EPA received negative declarations from Forsyth County, Mecklenburg County, and Buncombe County, North Carolina, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, Tennessee, certifying that commercial and industrial solid waste incineration units subject to the requirements of CAA §§111(d)/129 do not exist in these areas. 70 FR 9230 (2/25/05).
  • EPA notified the public of a settlement agreement that addressed a claim raised by Alcoa, Inc., challenging EPA's designation of the Evansville, Indiana, area as nonattainment for the eight-hour ozone NAAQS. 70 FR 7498 (2/14/05).

ENERGY:

  • DOE announced the availability of a status review of its evaluation of a diesel fuel made from natural gas, Fischer-Tropsch diesel (FTD), undertaken in response to petitions requesting regulations that designate FTD fuels as alternative fuels. 70 FR 7443 (2/14/05).

FISHERIES:

  • NOAA proposed a draft revised management plan for the Florida Keys National Marine Sanctuary and requested public advice, recommendations, information, and comments from interested parties on this proposed draft. 70 FR 7904 (2/16/05).

HAZARDOUS & SOLID WASTES:

  • EPA proposed to enter into a settlement for the partial reimbursement of past response costs from the Sadler Drum Superfund site in Mulberry, Florida. 70 FR 8372 (2/18/05).
  • EPA announced intentions to delete the Syosset Landfill Superfund site in Nassau County, New York, from the NPL. 70 FR 7710 (2/15/05).
  • EPA announced intentions to delete the Firestone Tire and Rubber Company Superfund site from the NPL.. 70 FR 7458 (2/14/05).
  • EPA approved a modification to Minnesota's approved municipal solid waste landfill permit program allowing Minnesota to issue research, development, and demonstration permits to owners and operators of municipal solid waste landfill facilities. 70 FR 7659 (2/15/05).
  • EPA approved revisions to Mississippi's hazardous waste program under RCRA. 70 FR 8731 (2/23/05).

MINING:

  • OSM approved, with a few exceptions, a proposed amendment to the Montana regulatory program to revise and add statutes about state policy and findings concerning mining and reclamation; definitions; the time required to approve or disapprove minor permit revisions; permit application requirements, including determinations of probable hydrologic consequences and land use; requirements to protect the hydrologic balance; area mining, post-mine land use, and wildlife enhancement; revegetating disturbed areas; timing of reclamation; standards for successful revegetation; making vegetation the landowner's property after bond release; jurisdictional venue in right-of-entry actions; transfer of revoked permits; and mandamus. 70 FR 8019 (2/16/05).

OIL POLLUTION:

  • DOT's Office of Pipeline Safety finalized its interim final rule establishing oil spill response planning requirements for onshore pipelines and made minor amendments to some of the interim regulations in response to public comments. 70 FR 8734 (2/23/05).

PESTICIDES:

  • EPA announced the availability of risk assessments, preliminary risk reduction options, and related documents for ametry, a triazine herbicide, and opened a public comment period on these documents. 70 FR 9312 (2/25/05).
  • EPA announced the availability of risk assessments and related documents for the pesticide dimethipin and opened a public comment period on these documents. 70 FR 9314 (2/25/05).
  • EPA announced the availability of its tolerance reassessment decision for the pesticide nicosulfuron and opened a public comment period on this document, related risk assessments, and other support documents. 70 FR 7937 (2/16/05).

WATER QUALITY:

  • EPA proposed to approve a new Ocean Dredged Material Disposal Site in the Atlantic Ocean offshore Port Royal, South Carolina, as an ocean dumping site for the disposal of suitable dredged material. 70 FR 9023 (2/24/05).
  • EPA announced the publication of its final Candidate Contaminant List that lists the remaining 51 contaminants, not subject to any proposed or enacted national primary drinking water regulations but known or anticipated to occur in public water systems, proposed on April 2, 2004, under the SDWA. 70 FR 9077 (2/24/05).
  • EPA announced the availability of new data regarding a proposal to approve new analytical methods to measure pollutants in wastewater and drinking water, and proposed to withdraw approval of Syngenta Method AG-625 for determination of atrazine by immunoassay. 70 FR 7912 (2/16/05).

WILDLIFE:

  • FWS announced the availability of the Devils River Minnow Draft Recovery Plan for public review. 70 FR 8818 (2/23/05).
  • NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian District of the Bering Sea and the Aleutian Islands management area in order to prevent exceeding the interim 2005 total allowable catch for this species. 70 FR 8749 (2/23/05).
  • FWS announced that the Kern and Pixley Refuges' Final Comprehensive Conservation Plan and Summary describing how FWS will manage the two wildlife refuges for the next 15 years are available for distribution. 70 FR 8109 (2/17/05).
  • FWS announced the availability of a draft economic analysis for the proposed designation of critical habitat for the arroyo toad, revised the methods for determining proposed essential and critical habitat areas for the arroyo toad, and proposed to exclude areas from the proposed designation in Monterey, Los Angeles, and San Bernardino, California. 70 FR 7467 (2/14/05).

DOJ NOTICES OF SETTLEMENTS:

  • United States v. Jewel Food Stores, Inc., No. 05C-0809 (N.D. Ill. Feb. 9, 2005). A settling CAA that violated commercial refrigerant repair, recordkeeping, and reporting regulations must install hydroflurocarbon refrigeration systems in any new stores it opens in the Chicago Metropolitan Area after the effective date of settlement; implement a recordkeeping refrigerant management systems directed at compliance with regulations of ozone-depleting refrigerants; convert or discontinue use of any unit that uses a regulated refrigerant to a non-ozone depleting refrigerant if that unit has more than three leaks in on year; convert either 75% of all scheduled major remodels or 25 of its stores to use a non-ozone depleting refrigerant by the end of the year 2007; retrofit all of its current chloroflurocarbon and hydrochloroflurocarbon refrigeration systems to non-ozone depleting refrigerants at 12 additional stores within three years from the date of entry of the proposed decree; and pay a civil penalty of $100,000 for past violations. 70 FR 9107 (2/24/05).
  • United States v. Demetra Arvanitis, No. 02 C 50371 (N.D. Ill. Feb. 7, 2005). Settling CWA defendants must pay a civil penalty, pay for wetland restoration, and donate the wetland property to a local conservation district because the defendants filled wetlands on U.S. property without a permit. 70 FR 8110 (2/17/05).
  • United States v. Ralph Bello, No. 3:01 CV 1568 (SRU) (D. Conn. Feb. 10, 2005). Settling CERCLA defendants must pay $350,000 in partial reimbursement of the U.S. response costs incurred for conducting a soil cleanup removal action at the National Oil Service Superfund site. 70 FR 8110 (2/17/05).
  • United States v. Bernstein, No. 05-B-268 (CBS) (D. Colo. Feb. 10, 2005). A settling CWA defendant must restore areas impacted by unpermitted discharges of pollutants into the waters of the United States and pay a civil penalty. 70 FR 8110 (2/17/05).
  • In re Formica Corp., No. 02-10969 (S.D.N.Y. Feb. 1, 2005). Settling CERCLA defendants must allow EPA an unsecured claim of $744,523 in connection with the Skinner Landfill Superfund site in West Chester, Ohio, and an unsecured claim of $4,100,000 in connection with the Pristine Superfund site in Reading, Ohio; and must deposit distributions on EPA's allowed claims in special accounts for each site to be earmarked for the benefit of the PRPs who are performing the remedies for the two sites pursuant to consent decrees. 70 FR 8111 (2/17/05).
  • United States v. International Paper Co., No. 01-C-0693-C (W.D. Wis. Jan. 31, 2005). Settling CERCLA defendants must implement the natural attenuation remedy for a second operable unit at the Tomah Municipal Sanitary Landfill site in Monroe County, Wisconsin, by designing and implementing a groundwater monitoring system for the groundwater outside of the landfill's boundaries; pay the United States' direct and indirect costs associated with the second operable unit; and receive a payment of $350,000 from the United States to resolve International Paper's second operable unit contribution claims against the United States. 70 FR 8111 (2/17/05).
  • In re Polaroid Corp., No. 01-10864 (PJW) (D. Del. Feb. 2, 2005). Settling CERCLA defendants must allow the United States a general unsecured claim of $11,000,000 and receive a covenant not to sue for future response costs relating to the Peterson/Puritan, Inc. Superfund site in the towns of Cumberland and Lincoln, Rhode Island. 70 FR 8112 (2/17/05).
  • United States v. Thomasville Furniture Industries, Inc., No. 6:05CV00001 (W.D. Va. Jan. 31, 2005). Settling CERCLA defendants must pay $1,976,000 of EPA's unreimbursed response costs of $2,052,458.26 at the Buckingham Country Landfill Superfund site in Dillwyn, Virginia, and pay an additional $171,688 incurred by the United States to implement a discrete drum removal action at the Superfund site in a separate action. 70 FR 8112 (2/17/05).

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

THE CONGRESS

BILLS INTRODUCED

  • S. 373 (Harkin, D-Iowa) (Farm Security and Rural Investment Act of 2002), would amend the Farm Security and Rural Investment Act of 2002 to provide for a program to develop and demonstrate the cost-effective operation of a fleet of renewable hydrogen passenger vehicles. 151 Cong. Rec. S1345 (daily ed. Feb. 14, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 374 (Thune, R-S.D.) (Native Americans), would provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River. 151 Cong. Rec. S1345 (daily ed. Feb. 14, 2005). The bill was referred to the Committee on Indian Affairs.
  • S. 385 (Grassley, R-Iowa) (Food Security Act of 1985), would amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits. 151 Cong. Rec. S1413 (daily ed. Feb. 15, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 386 (Hagel, R-Neb.) (greenhouse gas emissions), would direct the Secretary of State to carry out activities that promote the adoption of technologies that reduce greenhouse gas intensity in developing countries, while promoting economic development. 151 Cong. Rec. S1413 (daily ed. Feb. 15, 2005). The bill was referred to the Committee on Foreign Relations.
  • S. 388 (Hagel, R-Neb.) (Energy Policy Act of 1992), would amend the Energy Policy Act of 1992 to direct the Secretary of Energy to carry out activities that promote the adoption of technologies that reduce greenhouse gas intensity and to provide credit-based financial assistance and investment protection for projects that employ advanced climate technologies or systems, to provide for the establishment of a national greenhouse gas registry. 151 Cong. Rec. S1413 (daily ed. Feb. 15, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 405 (Reid, D-Nev.) (land conveyance), would provide for the conveyance of certain public land in Clark County, Nevada, for use as a heliport. 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 425 (Leahy, D-Vt.) (federal land), would authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the state of Vermont. 151 Cong. Rec. S1622 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 434 (Lincoln, D-Ark.) (federal land), would direct the Secretary of Interior to study the suitability and feasibility of designating the Wolf House, located in Norfolk, Arkansas, as a unit of the National Park System. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 435 (Dodd, D-Conn.) (Wild and Scenic Rivers Act), would amend the Wild and Scenic Rivers Act to designate a segment of the Farmington River and Salmon Brook in the state of Connecticut for study for potential addition to the National Wild and Scenic Rivers System. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 436 (Akaka, D-Haw.) (energy sources in Hawaii), would require the Secretary of Energy to assess the economic implications of the dependence of the state of Hawaii on oil as the principal source of energy for the state. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 437 (Levin, D-Mich.) (Native Americans), would expedite review of the Grand River Band of Ottawa Indians of Michigan to secure a timely and just determination of whether that group is entitled to recognition as a federal Indian tribe. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Indian Affairs.
  • S. 439 (Boxer, D-Cal.) (Solid Waste Disposal Act), would amend the Solid Waste Disposal Act to provide for secondary containment to prevent methyl tertiary butyl ether and petroleum contamination. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 447 (Domenici, R-N.M.) (land conveyance), would authorize the conveyance of certain federal land in the state of New Mexico. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 451 (Akaka, D-Haw.) (Animal Welfare Act), would amend the Animal Welfare Act to ensure that all dogs and cats used by research facilities are obtained legally. 151 Cong. Rec. S1623 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 459 (Chambliss, R-Ga.) (transportation), would require a study and report regarding the designations and construction of a new interstate route from Savannah, Georgia, to Knoxville, Tennessee. 151 Cong. Rec. S1717 (daily ed. Feb. 18, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 465 (Snowe, R-Me.) (mitigation of shore damage), would authorize the Secretary of the Army to carry out a project for the mitigation of shore damage attributable to the project for navigation in Saco River, Maine. 151 Cong. Rec. S1718 (daily ed. Feb. 18, 2005). The bill was referred to the Committee on Environment and Public Works.
  • H.R. 792 (Emanuel, D-Ill.) (restoration of the Great Lakes), would authorize appropriations for state programs and activities for the restoration of the Great Lakes. 151 Cong. Rec. H586 (daily ed. Feb. 14, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on Resources.
  • H.R. 794 (Grijalva, D-Ariz.) (Native Americans), would correct the south boundary of the Colorado River Indian Reservation in Arizona. 151 Cong. Rec. H586 (daily ed. Feb. 14, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on Resources.
  • H.R. 802 (Dreier, R-Cal.) (Reclamation Wastewater and Groundwater Study and Facilities Act), would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project. 151 Cong. Rec. H628 (daily ed. Feb. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 811 (Cubin, R-Wyo.) (royalties in federal lands), would reduce temporarily the royalty required to be paid for sodium produced on federal lands. 151 Cong. Rec. H628 (daily ed. Feb. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 816 (Gibbons, R-Nev.) (federal lands), would direct the Secretary of Agriculture to sell certain parcels of National Forest System land in Carson City and Douglas County, Nevada. 151 Cong. Rec. H629 (daily ed. Feb. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 843 (Abercrombie, D-Haw.) (Reclamation Wastewater and Groundwater Study and Facilities Act), would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize certain projects in the state of Hawaii and to amend the Hawaii Water Resources Act of 2000 to modify the water resources study. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 847 (Foley, R-Fla.) (Native Americans), would authorize ecosystem restoration projects for the Indian River Lagoon and the Picayune Strand, Collier County, in the state of Florida. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 849 (Gibbons, R-Nev.) (land conveyance), would provide for the conveyance of certain public land in Clark County, Nevada, for use as a heliport. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 851 (Larsen, D-Wash.) (federal lands), 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. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 853 (McKeon, R-Cal.) (land use), would remove certain restrictions on the Mammoth Community Water District's ability to use certain property acquired by that District from the United States. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 854 (McKeon, R-Cal.) (Native Americans), would provide for certain lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 855 (Ortiz, D-Tex.) (Reclamation Wastewater and Groundwater Study and Facilities Act), would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Brownsville Public Utility Board water recycling and desalinization project. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 860 (Reyes, D-Tex.) (land conveyance), would provide for the conveyance of the reversionary interest of the United States in certain lands to the Clint Independent School District in El Paso County, Texas. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on International Relations.
  • H.R. 861 (Reyes, D-Tex.) (Native Americans), would amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to decrease the requisite blood quantum required for membership in the Ysleta del Sur Pueblo tribe. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 863 (Reyes, D-Tex.) (Reclamation Wastewater and Groundwater Study and Facilities Act), would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the El Paso, Texas, water reclamation, reuse, and desalinization project. 151 Cong. Rec. H718 (daily ed. Feb. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 877 (Weller, R-Ill.) (environmental remediation costs), would amend the Internal Revenue Code of 1986 to expand the expensing of environmental remediation costs. 151 Cong. Rec. H791 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Ways and Means.
  • H.R. 879 (Dingell, D-Mich.) (Solid Waste Disposal Act), would amend the Solid Waste Disposal Act to provide for secondary containment to prevent methyl tertiary butyl ether and petroleum contamination. 151 Cong. Rec. H791 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 882 (Boehlert, R-N.Y.) (natural disaster mitigation), would require NOAA, through the National Weather Service, to establish a tsunami hazard mitigation program for all United States coastal states and insular areas. 151 Cong. Rec. H791 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Science.
  • H.R. 888 (Regula, R-Ohio) (Omnibus Parks and Public Lands Management Act of 1996), would amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas. 151 Cong. Rec. H791 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 905 (Cubin, R-Wyo.) (Mineral Leasing Act), would amend the Mineral Leasing Act to provide for the development of federal coal resources. 151 Cong. Rec. H792 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 906 (Cubin, R-Wyo.) (Federal Land Policy and Management Act of 1976; Mineral Leasing Act), would amend the Federal Land Policy and Management Act of 1976 and the Mineral Leasing Act to clarify the method by which the Secretary of the Interior and the Secretary of Agriculture determine the fair market value of certain rights-of-way granted, issued, or renewed under these Acts. 151 Cong. Rec. H792 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 907 (Cubin, R-Wyo.) (Outer Continental Shelf Lands Act), would amend the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant easements and rights-of-way on the Outer Continental Shelf for activities otherwise authorized by that Act. 151 Cong. Rec. H792 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 909 (Cummings, D-Md.) (hazardous materials), would provide for the establishment of a hazardous materials cooperative research program. 151 Cong. Rec. H792 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Science, and to the Committee on Transportation and Infrastructure.
  • H.R. 915 (English, R-Pa.) (Afghanistan), would authorize the President to take certain actions to protect archaeological or ethnological materials of Afghanistan. 151 Cong. Rec. H793 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Ways and Means.
  • H.R. 938 (Johnson, R-Conn.) (national heritage area), would establish the Upper Housatonic Valley National Heritage Area in the state of Connecticut and the commonwealth of Massachusetts. 151 Cong. Rec. H794 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 955 (Olver, D-Mass.) (CAA; greenhouse gases), would amend the CAA to establish an inventory, registry, and information system of United States greenhouse gas emissions to inform the public and private sectors concerning, and encourage voluntary reductions in, greenhouse gas emissions. 151 Cong. Rec. H794 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 956 (Olver, D-Mass.) (national heritage area), would establish the Freedom's Way National Heritage Area in the states of Massachusetts and New Hampshire. 151 Cong. Rec. H794 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 957 (Pelosi, D-Cal.) (National Park Service), would clarify the authorities for the use of certain National Park Service properties within Golden Gate National Recreation Area and San Francisco Maritime National Historical Park. 151 Cong. Rec. H794 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources.
  • H.R. 966 (Saxton, R-N.J.) (nuclear facilities), would require the Nuclear Regulatory Commission to consider certain criteria in relicensing nuclear facilities and to provide for an independent assessment of the Oyster Creek Nuclear Generating Station by the National Academy of Sciences prior to any relicensing of that facility. 151 Cong. Rec. H795 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 971 (Simmons, R-Conn.) (hydroelectricity), would extend the deadline for commencement of construction of certain hydroelectric projects in Connecticut. 151 Cong. Rec. H795 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 975 (Tancredo, R-Colo.) (protection of public lands), would provide consistent enforcement authority to BLM, the National Park Service, the FWS, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of public lands under the jurisdiction of these agencies. 151 Cong. Rec. H795 (daily ed. Feb. 17, 2005). The bill was referred to the Committee on Resources, and to the Committee on Agriculture.

COMMITTEE ACTION:

  • S. 63 (national heritage area), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-1, 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill would establish the Northern Rio Grande National Heritage Area in the state of New Mexico.
  • S. 163 (national heritage area), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-2, 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill would establish the National Mormon Pioneer Heritage Area in the state of Utah.
  • S. 200 (national heritage area), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-3, 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill would establish the Arabia Mountain National Heritage Area in the state of Georgia.
  • S. 203 (royalties on federal lands), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-4, 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill would reduce temporarily the royalty required to be paid for sodium produced on federal lands.
  • S. 204 (national heritage area), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-5, 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill would establish the Atchafalaya National Heritage Area in the state of Louisiana.
  • S. 249 (national heritage route), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-6, 151 Cong. Rec. S1513 (daily ed. Feb. 16, 2005). The bill would establish the Great Basin National Heritage Route in the states of Nevada and Utah.

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INTERNATIONAL

GENERAL:

  • The United Nations Environment Programme held its 23d Session of the Governing Council/Global Ministerial Environment Forum on February 21-25, 2005, in Nairobi, Kenya. See http://mirror.unep.org/gc/gc23
  • The World Conservation Union (IUCN) Council appointed the members of the new IUCN Commission on Environmental Law Steering Committee at its 63d meeting held on February 14-16, 2005. See http://www.iucn.org/themes/law

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