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Weekly Update Volume 35, Issue 9

03/28/2005

LITIGATION

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

CAA, PREVENTION OF SIGNIFICANT DETERIORATION (PSD):

The Ninth Circuit held that EPA did not act arbitrarily, capriciously, or contrary to law when it granted Nevada's request to split one of its clean air areas into two. Contrary to an environmental group's claim, the presence and operation of a mine in the area did not trigger the CAA's PSD restrictions. Although it is a major source, the mine has never applied or been required to apply for a permit for new construction or a major modification. Consequently, EPA permissibly granted Nevada's request to redesignate. Great Basin Mine Watch v. United States Environmental Protection Agency, No. 03-70231, 35 ELR 20062 (9th Cir. Mar. 23, 2005) (12 pp.).

NEPA, NATIVE AMERICANS:

A district court held that the Bureau of Indian Affairs' (BIA's) supplemental EA and revised finding of no significant impact (FONSI) for a proposed casino on Native American land held in trust by the United States complied with NEPA. The EA and FONSI adequately considered secondary impacts from growth and development associated with the casino. The BIA's reliance upon air quality standards in effect at the time of analysis was not unreasonable, and the FONSI is not arbitrary and capricious as to water and sewer impacts. In addition, the BIA properly considered the casino's cumulative impacts. And the BIA complied with NEPA's public participation regulations, which only require the EA and FONSI to be submitted for public review, not public comment. TOMAC v. Norton, No. 01-0398, 35 ELR 20063 (D.D.C. Mar. 24, 2005) (Robertson, J.) (14 pp.) (Counsel for amicus curiae included Nicholas C. Yost of Sonnenschein Nath & Rosenthal in San Francisco, Cal.).

WATER SERVICE, CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT:

The Fourth Circuit held that §1926(b) of the Consolidated Farm and Rural Development Act does not bar a county from providing water service to two new commercial developments presently under construction adjacent to a water association's service area. The water association is an "association" within the meaning of the Act and it has a qualifying federal loan outstanding. Yet it has not provided water service or made it available to the disputed area as required by §1926(b). In reaching this conclusion, the court applied the test articulated by the Sixth Circuit, which requires a water association to demonstrate that (1) it is physically capable of serving the area, (2) it has the legal right under state law to do so, and (3) the disputed area is already within the geographic boundaries of the association's franchise area. Here, the new developments were not within the geographic boundaries of the association's existing franchise area. Thus, §1926(b) does not give the association the exclusive privilege of serving the new developments. Chesapeake Ranch Water Co. v. Board of Commissioners of Calvert County, No. 04-1205, 35 ELR 20061 (4th Cir. Mar. 16, 2005) (10 pp.).

WATER QUALITY, DREDGED MATERIAL, DISPOSAL, MOOTNESS:

The Sixth Circuit dismissed as moot the U.S. Army Corps of Engineers' appeal of an injunction requiring it to accept contaminated material dredged from a waterbody connected to the Detroit River. A settlement agreement between Michigan and the city of Detroit required the city to dredge and dispose of the contaminated material. Over the Corps' objections, the city was awarded an injunction to dispose of the material at the Corps facility. But the city voluntarily decided that it no longer requires the use of that facility. Thus, the appeal is moot. United States v. City of Detroit, No. 04-1047, 35 ELR 20060 (6th Cir. Mar. 16, 2005) (4 pp.).

LAND USE, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A California appellate court held that a public interest group's CEQA, zoning law, and public trust claims against a city for approving a development project in an environmentally sensitive area lacks merit. The environmental review process adequately addressed the project's water impacts on fauna and wetlands. In addition, specific sources of water have been identified and the impacts thereof analyzed. Although they do not yet exist, they are future water supplies, not illusory supplies, which, according to the court, is a critical difference. Further, the record supports the city's conclusion that the proposed alternatives that contemplated on-site wetlands were infeasible. The city, therefore, did not violate CEQA in deciding to dismiss these mitigation measures. The group's public trust claim that the project would dewater a nearby river was also rejected. The group failed to explain why the city's conclusion that the impact would be insignificant was wrong. At most they established a disagreement in policy, not a violation of law. Nor was the city's approval of the project inconsistent with the general land use plan. Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova, No. C044653, 35 ELR 20059 (Cal. App. 3d Dist. Mar. 10, 2005) (45 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 exempt permanently from the title V operating permit program five categories of nonmajor (area) sources subject to NESHAPs: dry cleaners; halogenated solvent degreasers; chrome electroplaters; ethylene oxide sterilizers; and secondary aluminum smelters. 70 FR 15250 (3/25/05).
  • EPA partially granted and partially denied three petitions submitted by the New York Public Interest Research Group that object to the state operating permits issued to Bristol-Myers Squibb Co. Inc., Eastman Kodak Co., Kodak Park Facility, and Eastman Kodak Co., Kodak Power and Steam Generation Plant. 70 FR 14464 (3/22/05).
  • EPA corrected an error to the rule pertaining to the delegation of standards for NESHAPs for asbestos to Louisiana. 70 FR 13397 (3/21/05).

ENERGY:

  • DOE issued interim final general guidelines establishing a voluntary greenhouse gas reporting program. 70 FR 15192 (3/24/05).
  • DOE notified the public that its draft of technical guidelines for the revised voluntary reporting of greenhouse gas program is available for review and comment. 70 FR 15169 (3/24/05).

FISHERIES:

  • FWS and the Forest Service established regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2005-06 regulatory year. 70 FR 13396 (3/21/05).

HAZARDOUS AND SOLID WASTE:

  • EPA authorized changes to North Carolina's hazardous waste program under RCRA after determining that the changes satisfied all requirements needed to qualify for final authorization. 70 FR 14559 (3/23/05).

MINING:

  • OSM approved an amendment to the Colorado regulatory program under SMCRA that proposed revisions to its rules concerning prime farmland, revegetation, hydrology, enforcement, topsoil, historic properties, bond release, and permit requirements so that its program would be consistent with the corresponding federal regulations. 70 FR 14999 (3/24/05).

WILDLIFE:

  • FWS proposed to reclassify the American crocodile distinct vertebrate population segment in Florida from its present endangered status to threatened status under the ESA because FWS believes that the endangered designation no longer correctly reflects the current status of this taxon due to a substantial improvement in the species' status. 70 FR 15063 (3/24/05).
  • DOE and DOI plan to enter into a Memorandum of Understanding stating the cooperation of both departments in transferring administrative jurisdiction of lands in the Rocky Flats Environmental Technology Site from the DOE to DOI and the transition of the Rocky Flats site from a nuclear defense facility into the Rocky Flats National Wildlife Refuge. 70 FR 14457 (3/22/05).

DOJ NOTICES OF SETTLEMENT:

  • Kewanee Industries, Inc. v. Browning-Ferris Industries of Ohio, No. 5:03CV1325 (N.D. Ohio Mar. 7, 2005). Settling CERCLA defendants must pay a total of $300,000 to the United States ($270,000 of this is for reimbursement of response costs and $30,000 is for natural resource damages) and $600,000 to Kewanee Industries, Inc. 70 FR 14714 (3/23/05).
  • United States v. GHK Co., No. 05-116-W (E.D. Okla. Mar. 15, 2005). A settling CWA defendant must pay a civil penalty of $325,000 and follow a comprehensive plan for remedial work to be performed at 32 sites under the operational control and ownership of GHK Co. and must implement a stormwater corporate compliance program to ensure compliance with the CWA at all of its drilling sites in the future. 70 FR 14715 (3/23/05).
  • United States v. Marathon Ashland Petroleum LLC, 4:01-CV-40119-PVG (E.D. Mich. Mar. 11, 2005). A settling CAA defendant must receive an exemption from compliance with the sulfur dioxide emissions limits of the new source performance standards (NSPS) at two of Marathon Ashland Petroleum's (MAP's) heaters at the Texas City refinery during limited periods between March 1, 2005, and February 28, 2006, provided that it meets certain requirements during those limited periods; accept a permanent reduction of the emissions limitation at the refinery's fluidized catalytic cracking unit; advance by six months the NSPS compliance date of a new sulfur recovery plant at the refinery; advance by five months the NSPS compliance date of six heaters and boilers at the refinery; limit total sulfur dioxide emissions from the refinery to those set forth in it current Texas state permit; and spend no less than $100,000 to install diesel retrofit technologies on no less than seven sanitation trucks owned and operated by Texas City, Texas. 70 FR 14715 (3/23/05).
  • United States v. Waste Management of Wisconsin, Inc., No. 3:05cv00128 (W.D. Wis. Mar. 2, 2005). A settling CERCLA defendant must complete performance of remedial action at the City Disposal Corporation Landfill Superfund site, reimburse the United States for response costs to be incurred at the site, and provide for disbursement of about $1,970,000 credited to the site from the proceeds of a prior, separate settlement. 70 FR 14716 (3/23/05).

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

THE CONGRESS

COMMITTEE ACTION:

  • S. 48 (New Jersey Coastal Heritage Trail Route), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-41, 151 Cong. Rec. S2993 (daily ed. Mar. 17, 2005). The bill would reauthorize appropriations for the New Jersey Coastal Heritage Trail Route.
  • S. 55 (national park), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-19, 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill would adjust the boundary of Rocky Mountain National Park in the state of Colorado.
  • S. 57 (Sand Creek Massacre National Historic Site Establishment Act of 2000), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-20, 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill would further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.
  • S. 97 (bentonite), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-37, 151 Cong. Rec. S2644 (daily ed. Mar. 14, 2005). The bill would provide for the sale of bentonite in Big Horn County, Wyoming.
  • S. 99 (water storage), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-27, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill 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.
  • S. 134 (national park), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-23, 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill would adjust the boundary of Redwood National Park in the state of California.
  • S. 152 (federal wilderness), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-28, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill 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.
  • S. 161 (land conveyance), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-40, 151 Cong. Rec. S2845 (daily ed. Mar. 16, 2005). The bill would provide for a land exchange in the state of Arizona between the Secretary of Agriculture and Yavapai Ranch Limited Partnership.
  • S. 176 (hydroelectric project), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-29, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill would extend the deadline for commencement of construction of a hydroelectric project in the state of Alaska.
  • S. 182 (Dinosaur National Monument), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-42, 151 Cong. Rec. S2993 (daily ed. Mar. 17, 2005). The bill would provide for the establishment of the Uintah Research and Curatorial Center for Dinosaur National Monument in the states of Colorado and Utah.
  • S. 205 (federal memorial), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-24, 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill would authorize the American Battle Monuments Commission to establish in the state of Louisiana a memorial to honor the Buffalo Soldiers.
  • S. 207 (national historical park), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-25, 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill would adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the state of Louisiana.
  • S. 231 (Wallowa Lake Dam), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-30, 151 Cong. Rec. S2482 (daily ed. Mar 10, 2005). The bill would authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon.
  • S. 232 (fish), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-31, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill 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 nonfederal water projects.
  • S. 243 (national heritage areas), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-26, 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill would establish a program and criteria for National Heritage Areas in the United States.
  • S. 244 (hydroelectric project), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-32, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill would extend the deadline for commencement of construction of a hydroelectric project in the state of Wyoming.
  • S. 252 (land conveyance), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-38, 151 Cong. Rec. S2644 (daily ed. Mar. 14, 2005). The bill would direct the Secretary of the Interior to convey certain land in Washoe County, Nevada, to the Board of Regents of the University and Community College System of Nevada.
  • S. 253 (land conveyance), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-39, 151 Cong. Rec. S2644 (daily ed. Mar. 14, 2005). The bill would direct the Secretary of the Interior to convey certain land to the land to the Edward H. McDaniel American Legion Post No. 22 in Pahrump, Nevada, for the construction of a post building and memorial park for use by the American Legion, other veterans' groups, and the local community.
  • S. 263 (paleontological resources), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-36, 151 Cong. Rec. S2517 (daily ed. Mar. 11, 2005). The bill would provide for the protection of paleontological resources on federal lands.
  • S. 264 (Reclamation Wastewater and Groundwater Study and Facilities Act), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-33, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize certain projects in the state of Hawaii.
  • S. 272 (forest lands in Puerto Rico), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-34, 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill would designate certain National Forest System land in the Commonwealth of Puerto Rico as components of the National Wilderness Preservation System.
  • S. 276 (national park), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-21, 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill revise the boundary of the Wind Cave National Park in the state of South Dakota.
  • S. 301 (Connecticut River watershed), was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-22, 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill 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.

BILLS INTRODUCED:

  • S. 548 (Conrad, D-N.D.) (Food Security Act of 1985), would amend the Food Security Act of 1985 to encourage owners and operators of privately held farm, ranch, and forest land to voluntarily make their land available for access by the public under programs administered by states and tribal governments. 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 549 (Allard, R-Colo.) (high priority corridor), would extend a certain high priority corridor in the states of Colorado, Nebraska, South Dakota, and Wyoming. 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 553 (Feinstein, D-Cal.) (low-emission and hybrid vehicles), would amend title 23, United States Code, to provide for HOV-lane exemptions for low-emission and hybrid vehicles. 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 556 (McCain, R-Ariz.) (Walnut Canyon National Monument), would direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the state of Arizona. 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 565 (DeWine, R-Ohio) (traffic safety), would direct the National Highway Traffic Safety Administration to establish and carry out traffic safety law enforcement and compliance campaigns. 151 Cong. Rec. S2244 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 573 (Akaka, D-Haw.) (agroterrorism and agricultural diseases), would improve the response of the federal government to agroterrorism and agricultural diseases. 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 574 (Dodd, D-Conn.) (Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994), would amend the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 to increase the authorization of appropriations and modify the date on which the authority of the Secretary of the Interior terminates under the Act. 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 576 (Byrd, D-W. Va.) (wild animals), would restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros. 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 584 (Salazar, D-Colo.) (national park), would require the Secretary of the Interior to allow the continued occupancy and use of certain land and improvements within Rocky Mountain National Park. 151 Cong. Rec. S2383 (daily ed. Mar. 9, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 588 (McCain, R-Ariz.) (National Trails System Act), would amend the National Trails System Act to direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study on the feasibility of designating the Arizona Trail as a national scenic trail or a national historic trail. 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 592 (Thomas, R-Wyo.) (Missouri River Basin Project), would extend the contract for the Glendo Unit of the Missouri River Basin Project in the state of Wyoming. 151 Cong. Rec. S2482 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 606 (Thune, R-S.D.) (CAA), would amend the CAA to eliminate methyl tertiary butyl ether from the U.S. fuel supply, to increase production and use of renewable fuel, and to increase the Nation's energy independence. 151 Cong. Rec. S2517 (daily ed. Mar. 11, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 610 (Talent, R-Mo.) (agri-biodiesel and ethanol producer credit), would amend the Internal Revenue Code of 1986 to provide for a small agri-biodiesel producer credit and to improve the small ethanol producer credit. 151 Cong. Rec. S2517 (daily ed. Mar. 11, 2005). The bill was referred to the Committee on Finance.
  • S. 617 (Levin, D-Mich.) (dredging project), would direct the Secretary of the Army to carry out the dredging project in Menominee Harbor, Menominee River, in Michigan and Wisconsin. 151 Cong. Rec. S2644 (daily ed. Mar. 14, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 623 (Hatch, 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. S2734 (daily ed. Mar. 15, 2005). The bill was referred to the Committee on Indian Affairs.
  • S. 648 (Smith, R-Or.) (Reclamation States Emergency Drought Relief Act of 1991), would amend the Reclamation States Emergency Drought Relief Act of 1991 to extend the authority for drought assistance. 151 Cong. Rec. S2994 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 650 (Lugar, R-Ind.) (CAA), would amend the CAA to increase production and use of renewable fuel and to increase the energy independence of the United States. 151 Cong. Rec. S2994 (daily ed. March 17, 2005). The bill was referred to the Committee on Environment and Public Works.
  • S. 652 (Specter, R-Pa.) (Benjamin Franklin National Memorial), would provide financial assistance for the rehabilitation of the Benjamin Franklin National Memorial in Philadelphia, Pennsylvania, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin. 151 Cong. Rec. S2994 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 664 (Leahy, D-Vt.) (Green Mountain National Forest), would adjust the boundaries of Green Mountain National Forest. 151 Cong. Rec. S2994 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 665 (Dorgan, D-N.D.) (Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990), would reauthorize and improve the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to establish a program to commercialize hydrogen and fuel cell technology. 151 Cong. Rec. S2995 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 666 (DeWine, R-Ohio) (regulation of tobacco products), would protect the public health by providing the FDA with certain authority to regulate tobacco products. 151 Cong. Rec. S2995 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 668 (Specter, R-Pa.) (asbestos), would provide enhanced criminal penalties for willful violations of occupational standards for asbestos. 151 Cong. Rec. S2995 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 669 (Smith, R-Or.) (natural gas distribution lines), would amend the Internal Revenue Code of 1986 to treat natural gas distribution lines as 15-year property for purposes of depreciation. 151 Cong. Rec. S2995 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Finance.
  • S. 680 (Snowe, R-Me.) (energy efficiency programs), would provide for various energy efficiency programs and tax incentives. 151 Cong. Rec. S2995 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Finance.
  • S. 684 (Reed, R-R.I.) (Natural Gas Act), would mend the Natural Gas Act to provide additional requirements for the siting, construction, or operation of liquefied natural gas import facilities. 151 Cong. Rec. S2995 (daily ed. Mar. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 1154 (Cubin, R-Wyo.) (national monument), would provide for the retention of the name of the geologic formation known as "Devils Tower" at the Devils Tower National Monument in the state of Wyoming. 151 Cong. Rec. H1023 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1155 (DeLauro, D-Conn.) (national forests), would provide additional protections for National Forest System lands in Alaska through the designation of wilderness areas, wilderness study areas, Land Use Designation II management areas, restoration areas, special management areas, and additional components of the national wild and scenic rivers system. 151 Cong. Rec. H1023 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1174 (Shaw, R-Fla.) (regional sediment management), would improve regional sediment management. 151 Cong. Rec. H1024 (daily ed. Mar. 8, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1218 (McGovern, D-Mass.) (federal-aid highways), would amend titles 23 and 49, United States Code, concerning length and weight limitations for vehicles operating on federal-aid highways. 151 Cong. Rec. H1368 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1232 (Cubin, R-Wyo.) (FLMPA), would amend FLMPA to provide death and disability benefits for aerial firefighters who work on a contract basis for the Forest Service or an agency of the DOI and suffer death or disability in the line of duty. 151 Cong. Rec. H1369 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Resources, the Committees on Agriculture, and the Committee on the Judiciary.
  • H.R. 1235 (Flake, R-Ariz.) (state land), would limit the authority of the Secretary of Agriculture and the Secretary of the Interior to acquire land located in a state in which 25 percent or more of all land in the state is already owned by the United States. 151 Cong. Rec. H1369 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1237 (Hart, R-Pa.) (Public Works and Economic Development Act of 1965), would amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfield sites. 151 Cong. Rec. H1369 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on Financial Services.
  • H.R. 1250 (Kolbe, R-Ariz.) (National Trails System Act), would amend the National Trails System Act to direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study on the feasibility of designating the Arizona Trail as a national scenic trail or a national historic trail. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1253 (Musgrave, R-Colo.) (National Trails System Act), would extend a certain high priority corridor in the states of Colorado, Nebraska, South Dakota, and Wyoming. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1254 (Peterson, D-Minn.) (Animal Health Protection Act), would amend the Animal Health Protection Act to require the establishment of an electronic nationwide livestock identification system, to prevent the unauthorized release of information collected under the system, and to promote an objective review of USDA responses to livestock disease outbreaks. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Agriculture.
  • H.R. 1256 (Peterson, D-Minn.) (Animal Health Protection Act), would amend the Animal Health Protection Act to exempt certain animal identification information from disclosure under the Freedom of Information Act. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Agriculture, and to the Committee on Government Reform.
  • H.R. 1257 (Radanovich, R-Cal.) (CAA), would amend the CAA to authorize critical use exemption amounts for methyl bromide as identified by the State Department for the years 2006 and 2007. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1260 (Reynolds, R-N.Y.) (Farm Security and Rural Investment Act of 2002), would amend the Farm Security and Rural Investment Act of 2002 to extend contracts for national dairy market loss payments through fiscal year 2007 to increase the payment quantity authorized under such contracts. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Agriculture.
  • H.R. 1261 (Ryun, R-Kan.) (National Trails System Act), would amend the National Trails System Act to improve the efficiency and fairness of acquiring railroad rights-of-way for interim use as public trails by applying the procedures applicable to other federal real estate acquisitions. 151 Cong. Rec. H1370 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1265 (Udall, D-Colo.) (abandoned mines), would provide a source of funding for the reclamation of abandoned hardrock mines. 151 Cong. Rec. H1371 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1266 (Udall, D-Colo.) (abandoned mines), would facilitate the reclamation of abandoned hardrock mines. 151 Cong. Rec. H1371 (daily ed. Mar. 10, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1269 (Conyers, D-Mich.) (toxic mold), would amend TSCA, the Internal Revenue Code of 1986, and the Public Buildings Act of 1959 to protect human health from toxic mold. 151 Cong. Rec. H1416 (daily ed. Mar. 14, 2005). The bill was referred to the Committees on Energy and Commerce, Financial Services, Ways and Means, and the Judiciary.
  • H.R. 1270 (Thomas, R-Cal.) (Leaking Underground Storage Tank Trust Fund), would amend the Internal Revenue Code of 1986 to extend the Leaking Underground Storage Tank Trust Fund financing rate. 151 Cong. Rec. H1416 (daily ed. Mar. 14, 2005). The bill was referred to the Committee on Ways and Means.
  • H.R. 1284 (Renzi, R-Ariz.) (Jacob Lake, Arizona), would authorize the placement of an equestrian statue depicting frontiersman, explorer, and missionary Jacob Hamblin on the grounds of the Forest Service Kaibab Plateau Visitor Center in Jacob Lake, Arizona. 151 Cong. Rec. H1416 (daily ed. Mar. 14, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1289 (Spratt, D-S.C.) (heritage area), would direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Southern Campaign of the Revolution Heritage Area in South Carolina. 151 Cong. Rec. H1416 (daily ed. Mar. 14, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1299 (Cardoza, D-Cal.) (ESA), would amend the ESA to reform the process for designating critical habitat under that Act. 151 Cong. Rec. H1507 (daily ed. Mar. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1307 (Garrett, N.J.) (Wild and Scenic Rivers Act), would amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the state of New Jersey as a component of the National Wild and Scenic Rivers System. 151 Cong. Rec. H1507 (daily ed. Mar. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1315 (Otter, R-Idaho) (drinking water), would allow small public water systems to request an exemption from the requirements of any national primary drinking water regulation for a naturally occurring contaminant. 151 Cong. Rec. H1508 (daily ed. Mar. 15, 2005). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1326 (Thompson, D-Cal.) (environmental restoration projects), would enable a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve water supply, water quality, and environmental restoration objectives. 151 Cong. Rec. H1508 (daily ed. Mar. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1327 (Tiahrt, R-Kan.) (reclamation project), would amend the Act entitled "An Act to provide for the construction of the Cheney division, Wichita Federal reclamation project, Kansas, and for other purposes" to authorize the Equus Beds Division of the Wichita Project. 151 Cong. Rec. H1508 (daily ed. Mar. 15, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1329 (Johnson, D-Tex.) (wildlife), would amend the Lacey Act Amendments of 1981 to treat nonhuman primates as prohibited wildlife species under that Act. 151 Cong. Rec. H1620 (daily ed. Mar. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1344 (Johnson, R-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. H1621 (daily ed. Mar. 16, 2005). The bill was referred to the Committee on Resources.
  • H.R. 1347 (Moran, D-Va.) (traffic), would provide funding for projects to reduce traffic congestion and improve travel options in the metropolitan Washington, D.C., region. 151 Cong. Rec. H1621 (daily ed. Mar. 16, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1351 (Pomeroy, D-N.D.) (Food Security Act of 1985), would amend the Food Security Act of 1985 to encourage owners and operators of privately held farm, ranch, and forest land to voluntarily make their land available for public access under programs administered by states and tribal governments. 151 Cong. Rec. H1621 (daily ed. Mar. 16, 2005). The bill was referred to the Committee on Agriculture.

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

IN THE STATES

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

INTERNATIONAL

EUROPEAN UNION CALLS FOR POST-KYOTO EMISSIONS TARGET:

  • Reuters News Service reported on March 11, 2005, that European Union Environment Ministers, in a move opposing the EU's Executive Committee, recommended sweeping greenhouse gas emissions reductions after 2012 when the first period of the Kyoto Protocol agreement ends. The ministers suggested that developed countries reduce emissions "in the order of 15-30 percent by 2020 and 60-80 percent by 2050, compared to the levels envisaged in the Kyoto Protocol." See http://www.planetark.com/dailynewsstory.cfm/newsid/29895/story.htm

EUROPEAN EMISSIONS PRICES REACH RECORD HIGH:

  • On March 23, 2005, European emissions prices peaked at 16.45 pounds per ton, a new record. The market closed at 13.75 pounds per ton, more than two times the price a month ago. The volume of trade was also high that day, over 2 million tons. Emissions traded in the month of February totaled 4 million tons. The Financial Times reports that this price increase is due, at least in part, to increased interest in the market from European power companies. See http://news.ft.com/cms/s/81c31688-9c09-11d9-815d-00000e2511c8.html

U.S. MINING COMPANY TO FACE POLLUTION TRIAL IN INDONESIA:

  • Five officials from Newmont Mining, a large U.S. mining company, will face trial for pollution charges in Indonesia after the Supreme Court there ruled that the police investigation into their actions was legal. If found guilty of the expected charges, the men could face up to 15 years in prison. Additionally, the Environment Ministry is suing the company for $133.6 million in compensation over the alleged pollution. See http://www.iht.com/articles/2005/03/17/news/newmont.html

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

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