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Weekly Update Volume 36, Issue 23

08/14/2006

LITIGATION

CWA, WETLANDS:

The Ninth Circuit held that a city that discharged wastewater without an NPDES permit into a pond that contains wetlands adjacent to a river violated the CWA. In light of the U.S. Supreme Court’s decision in Rapanos v. United States, 126 S. Ct. 2208, 36 ELR 20116 (2006), the pond and its wetlands possess a “significant nexus” to waters that are navigable-in-fact because the pond waters seep directly into the Russian River, a navigable water of the United States. The pond, therefore, is subject to the CWA. The court also affirmed the lower court’s ruling that neither the waste treatment system nor the excavation operation exceptions in the Act apply to the city’s discharges. Although the pond may be part of a waste treatment system, it does not fall under the waste treatment system exemption because it is neither a self-contained pond nor is it incorporated in an NPDES permit as part of a treatment system. And the excavation operation exemption applies only to ponds undergoing actual extraction. Northern California River Watch v. City of Healdsburg, No. 04-1544, 36 ELR 20161 (9th Cir. Aug. 10, 2006) (17 pp.).

CWA, NFMA, NEPA, MINING:

A district court granted summary judgment in favor of environmental groups challenging the U.S. Forest Service’s record of decision for 49 mining operations in the North Fork Burnt River watershed in the Wallowa-Whitman National Forest. The Forest Service violated the CWA because it authorized the operations without minimizing adverse environmental impacts. The Forest Service also failed to ensure that the plans of operation had CWA §401 certification and could meet state water quality and nondegradation standards. And because the EIS provided sufficient evidence that the mining operations at issue would result in increased sedimentation in waterways, the agency’s decision to allow new mining operations on water quality impaired streams was arbitrary, capricious, and inconsistent with the national forest plan in violation of the NFMA. The Forest Service, however, did not err in analyzing its actions in a single EIS. The court, therefore, granted the Forest Service’s motion for summary judgment as to the groups’ NEPA claims. Hells Canyon Preservation Council v. Haines, No. CV. 05-1057-PK, 36 ELR 20158 (D. Or. Aug. 4, 2006) (Papak, J.) (21 pp.).

NEPA, NUCLEAR WASTE:

The D.C. Circuit denied Nevada’s petition for review of the DOE’s final EIS for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mountain. Nevada argued that DOE was required to prepare a supplemental EIS for its interim transportation plan, which the state further argued was arbitrary and capricious. But because implementation of the interim plan may never materialize, the state’s claims are speculative and it will not suffer any hardship from delayed review. The court also held that the state’s APA claims were not ripe for review and that its remaining NEPA claims alleging procedural flaws of the EIS were without merit. Nevada v. United States Department of Energy, No. 04-1309, 36 ELR 20159 (D.C. Cir. Aug. 8, 2006) (26 pp.).

TAKINGS, STATUTE OF LIMITATIONS:

The Federal Circuit vacated a lower court decision finding that the United States was not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of land in Michigan. The takings claim arose after a landfill north of the company’s plant was placed on the NPL and, pursuant to its authority under CERCLA, EPA began remedial action that included the construction of a security fence on the company’s leasehold to restrict access to the contamination site. The mining company argued that the fence first constituted a permanent interference with its leasehold when the government realigned the fence in May 1998. But the court concluded that the takings claim accrued in February 1994 when EPA completed construction of the fence, thereby cutting off the mining company’s access to its plant and stockpile areas. Thus, finding that the mining company failed to file its complaint within the six-year limitations period, the lower court lacked jurisdiction and the complaint should have been dismissed. John R. Sand & Gravel Co. v. United States, No. 05-5033, 36 ELR 20160 (Fed. Cir. Aug. 9, 2006) (37 pp.).

MIGRATORY BIRD TREATY ACT (MBTA), PREEMPTION:

The Eighth Circuit held that the MBTA and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MTBA’s scope of federal permitting requirements, and nothing in the MBTA prohibits a state from requiring permits for such ducks. Moreover, neither the MBTA nor any federal regulations conflict with or expressly prohibit the state regulations at issue. Noe v. Henderson, No. 05-3244, 36 ELR 20156 (8th Cir. Aug. 7, 2006) (4 pp.).

INTERNATIONAL LAW, ALIEN TORT CLAIMS ACT (ACTA):

The Ninth Circuit partially reversed the dismissal of an ATCA action brought by residents of Papua New Guinea against a mining corporation claiming numerous violations of international law and racial discrimination. None of the residents’ claims presented nonjusticiable political questions, and the alleged racial discrimination neither constituted an official sovereign act nor warranted dismissal on international comity grounds. Nor do alleged violations of the United Nations Convention on the Law of the Sea constitute official sovereign acts immune from scrutiny by a U.S. court. Accordingly, the district court erred in dismissing these claims under the political question, act of state, and international comity doctrines. Sarei v. Rio Tinto, PLC, Nos. 02-56256, -56390, 36 ELR 20157 (9th Cir. Aug. 7, 2006) (92 pp.).

INSURANCE, CLEANUP COSTS:

The Seventh Circuit reversed and remanded a grant of summary judgment in a manufacturer’s suit for indemnification arising out of environmental cleanup costs at four sites in Illinois and Indiana. Under Illinois law, the duty to indemnify may arise even in the absence of a lawsuit triggering the duty to defend. Moreover, the language of the insurance policy, which referenced “claims or judgments,” further supported the conclusion that the insurer had a duty to reimburse the manufacturer for losses it incurred directly or to pay sums that it became legally obligated to pay separate from and independent of the insurer’s duty to defend. In addressing whether the manufacturer undertook its cleanup measures gratuitously or in response to a demand by an enforcement agency, the court concluded that the manufacturer only needed to have acted in response to a claim in order to trigger the insurer’s duty to indemnify. Mere statutory liability is insufficient to trigger an insured’s legal obligation to remediate. Keystone Consolidated Industries, Inc. v. Employers Insurance Co. of Wausau, No. 05-3412, 36 ELR 20154 (7th Cir. Aug. 3, 2006) (17 pp.).

NATIONAL FORESTS, ADMINISTRATIVE LAW:

The Ninth Circuit upheld a lower court decision invalidating a U.S. Forest Service regulation governing the review of decisions implementing forest plans, but remanded the court’s judgment with respect to the remaining challenged regulations on ripeness grounds. Only one of the regulations, 36 C.F.R. §215.12(f), has actually been applied to a proposed project and, therefore, is ripe for review. Because this regulation conflicts with the Forest Service Decisionmaking and Appeals Reform Act, which pertains to procedures relating to public comment and administrative appeal of proposed forest management actions, the lower court properly enjoined its enforcement. But the lower court’s judgment and injunction with respect to the remaining regulations must be vacated on remand because they are not ripe for review. Earth Island Institute v. Ruthenbeck, No. 05-16975, -17078, 36 ELR 20162 (9th Cir. Aug. 10, 2006) (19 pp.).

EMINENT DOMAIN, BLIGHT:

The Ohio Supreme Court held that a municipality’s appropriation of private property based on its determination that it was in an area that may deteriorate in the future was unconstitutional. In Kelo v. City of New London, 125 S. Ct. 2655, 35 ELR 20134 (2005), the U.S. Supreme Court held that economic factors may be considered in eminent domain cases. But here the court reasoned that the fact that an appropriation of private property will provide an economic benefit to the government and community does not on its own satisfy the public use requirement under the state constitution’s takings provision. Moreover, the void for vagueness doctrine applies to statutes that regulate the use of eminent domain powers. Applying that doctrine, the court held that the municipality’s “deteriorating area” standard for the appropriation of property that the city believes will be deteriorated in the future was speculative and unconstitutional. Norwood v. Horney, Nos. 2005-0227 et al., 36 ELR 20161 (Ohio July 26, 2006) (58 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), HISTORIC PROPERTY:

A California appellate court ordered a city to rescind its decision certifying an environmental impact report (EIR) for a redevelopment project that would convert an unused historic building into a retail hardware and garden supply center. Under CEQA’s EIR guidelines, the city was required to consider a reasonable range of potentially feasible development alternatives that would accomplish most of the project’s basic objectives and avoid or substantially lessen its significant environmental effects. But the city’s analysis of a reduced-sized alternative for the retail space was inadequate and its rejection of this alternative was unjustified and unsupported by the record. Preservation Action Council v. City of San Jose, No. H028201, 36 ELR 20155 (Cal. 6th App. Dist. Aug. 4, 2006) (30 pp.).

Copyright© 2006, 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 general provisions for standards of performance for new stationary sources, NESHAPs, and NESHAPs for source categories to allow extensions to the deadline imposed for source owners and operators to conduct initial or other required performance tests in certain specified circumstances. 71 FR 45487 (8/9/06).
  • EPA proposed to extend the effective date for air quality designations for those areas of the country that have entered into Early Action Compacts from December 31, 2006, to April 15, 2008. 71 FR 45492 (8/9/06).
  • SIP Approvals: Arizona (NAAQS for particulate matter with a diameter of 10 microns or less (PM10)) 71 FR 44920 (8/8/06). Nevada (carbon monoxide attainment plan). 71 FR 44587 (8/7/06).
  • SIP Proposals: Arizona (NAAQS for PM10; see above for direct final rule) 71 FR 44944 (8/8/06). West Virginia (nonattainment new source review air quality permit program amendments) 71 FR 45482 (8/9/06); (PSD air quality permit program amendments) 71 FR 45485 (8/9/06).

PESTICIDES:

  • EPA announced the availability of a final North American Free Trade Agreement guidance document for conducting terrestrial field dissipation studies of pesticides. 71 FR 46226 (8/11/06).

WATER:

  • EPA announced the availability of draft guidance for implementing the water quality criterion for methyl mercury. 71 FR 45560 (8/9/06).
  • EPA gave notice that it intends to approve Puerto Rico’s revisions to its Public Water Supervision Program. 71 FR 45830 (8/10/06).

WILDLIFE:

  • FWS announced its 90-day finding on a petition to list the Casey’s June beetle as an endangered species under the ESA and found that the listing may be warranted; the agency initiated a status review and will issue a 12-month finding on the petition to determine whether listing is warranted. 71 FR 44960 (8/8/06).
  • FWS announced its 90-day finding on a petition to list the Sand Mountain blue butterfly as threatened or endangered and found that the listing may be warranted; the agency initiated a status review and will issue a 12-month finding on the petition to determine whether listing the species is warranted. 71 FR 44988 (8/8/06).
  • FWS announced its 90-day finding on a petition to list the Hermes copper butterfly as an endangered species and determined that listing the species is not warranted at this time. 71 FR 44966 (8/8/06).
  • FWS announced a 90-day finding on a petition to list the Thorne’s hairstreak butterfly as an endangered species under the ESA and determined that listing the species is not warranted at this time. 71 FR 44980 (8/8/06).
  • FWS announced the availability of the draft economic analysis of the proposed designation of critical habitat for the Alabama beach mouse. 71 FR 44976 (8/8/06).
  • NMFS announced its 90-day finding on a petition to list the Cook Inlet beluga whale as an endangered species under the ESA and determined that listing may be warranted at this time. 71 FR 44614 (8/7/06).
  • NOAA proposed to establish two types of marine zones within the Channel Islands National Marine Sanctuary off the coast of southern California—marine reserves and marine conservation areas; the purpose of these proposed zones is to further the protection of sanctuary biodiversity and complement an existing network established by the state of California. 71 FR 46134 (8/11/06).

DOJ NOTICES OF SETTLEMENTS:

  • United States v. All Oceans Transportation, Inc., No. 06-4519-JF (N.D. Cal. July 25, 2006). Settling National Marine Sanctuaries Act defendants must pay $3,250,000 to the United States in response costs and damages resulting from the destruction of or injury to natural resources caused by the loss of approximately 15 shipping containers from the M/V YM Prosperity in the Monterey Bay Marine Sanctuary in California. 71 FR 45848 (8/10/06).
  • United States v. American Iron Oxide Co., No. 2: 06-cv-00251-WCL-APR (N.D. Ind. July 21, 2006). Settling CAA defendants that violated NESHAPs for steel pickling--HC1 must pay a $100,000 civil penalty; undertake two community-based supplemental environmental projects; make process and equipment modifications at its steel pickling facilities in Burns Harbor, Grandview, and Portage, Indiana; conduct stack tests to demonstrate compliance with NESHAPs; and comply with all NESHAPs requirements at its Magnetics and Portage facilities, as well as at the Rockport facility if that plant is determined to be subject to NESHAPs. 71 FR 45848 (8/10/06).
  • United States v. Bean Stuyvesant, LLC, No. C-03-5694 CRB (N.D. Cal. July 25, 2006). Settling Oil Pollution Act defendants must pay $1,975,000 to state and federal natural resource trustees for natural resource damages that arose in connection with a 1999 fuel oil spill from the dredge M/V Stuyvesant in Humboldt Bay near Eureka, California; must pay $887,090 to cover assessment costs incurred by the DOI, NOAA, the California Department of Fish and Game, and the California State Lands Commission; must pay $48,000 to resolve state law claims; and must purchase a conservation easement to protect approximately 625 acres of redwood forest in perpetuity as habitat for the marbled murrelet. 71 FR 45849 (8/10/06).
  • United States v. City of Chicopee, No. 06-30121-MAP (D. Mass. July 27, 2006). A settling CWA defendant must pay a $150,000 civil penalty and must institute a two-phased combined sewer overflow (CSO) control plan to resolve claims for violations related to the city’s CSOs. 71 FR 45849 (8/10/06).
  • United States v. Coltec Industries, Inc., No. 06-3493 (E.D.N.Y. July 18, 2006). Settling CERCLA defendants must design and construct a fishladder in the Massapequa Preserve in Oyster Bay, New York, and must reimburse NOAA and the DOI for their past and estimated future costs in the amount of $131,500; the United States must pay roughly 43% of the total settlement (approximately $130,000) to resolve natural resource damages claims in connection with the Liberty Industrial Finishing Superfund site in Oyster Bay, New York. 71 FR 45849 (8/10/06).
  • United States v. Currahee Club, LLC, No. 06-CV-00113 (N.D. Ga. July 31, 2006). Settling CWA defendants must restore off-site stream and wetlands properties in the upper Savannah River watershed and must pay a civil penalty to resolve allegations of discharging pollutants into waters of the United States without a permit. 71 FR 45850 (8/10/06).
  • United States v. Jamson Laboratories, Inc., No. 8:04-CV-245 (M.D. Fla. July 21, 2006). A settling CERCLA defendant must make three payments totaling $122,135.80 to resolve its liability for EPA cleanup costs incurred at the Dave Chemical Removal Action Site in Tampa, Florida. 71 FR 45850 (8/10/06).

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS

CHAMBER ACTION:

  • S. Res. 468 (Channel Islands National Park), which would support the continued administration of Channel Islands National Park, including Santa Rosa Island, in accordance with the laws, regulations, and policies of the National Park Service, was passed by the Senate. 152 Cong. Rec. S8900 (daily ed. Aug. 3, 2006).

COMMITTEE ACTION:

  • S. 1838 (land conveyance) was reported by the Committee on Homeland Security and Governmental Affairs. 152 Cong. Rec. S8799 (daily ed. Aug. 3, 2006). The bill would provide for the sale, acquisition, conveyance, and exchange of certain real property in the District of Columbia to facilitate the utilization, development, and redevelopment of such property.

BILLS INTRODUCED:

  • S. 3780 (Vitter, R-La.) (hurricanes) would require the Under Secretary for Oceans and Atmosphere to develop a storm surge scale to be used in conjunction with the Saffir-Simpson scale to measure and predict the impact of storm surges caused by hurricanes and tropical storms. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3781 (Vitter, R-La.) (hurricanes) would provide for hurricane and flood protection and coastal restoration projects in the state of Louisiana. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Homeland Security and Governmental Affairs.
  • S. 3782 (Vitter, R-La.) (hurricanes) would amend the Internal Revenue Code of 1986 to provide a credit against the income tax for expenses incurred in any hurricane or flood protection project. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Finance.
  • S. 3794 (Crapo, R-Idaho) (conservation) would provide for the implementation of the Owyhee Initiative Agreement. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3798 (Feinstein, D-Cal.) (water conservation) would direct the Secretary of the Interior to exclude and defer from the pooled reimbursable costs of the Central Valley Project the reimbursable capital costs of the unused capacity of the Folsom South Canal, Auburn-Folsom South Unit, Central Valley Project. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3804 (Akaka, D-Haw.) (national parks) would prohibit commercial air tour operations over Kalaupapa National Historical Park, Kaloka-Honokohau National Historical Park, Pu’uhonua o Honaunau National Historical Park, and the Pu’ukohola Heiau National Historic Site. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3805 (Levin, D-Mich.) (national parks) would direct the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of including in the National Park System certain sites in Monroe County, Michigan, relating to the Battles of the River Raisin during the War of 1812. 152 Cong. Rec. S8800 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3824 (Talent, R-Mo.) (national parks) would provide for uniform penalties for violating regulations within the National Park System. 152 Cong. Rec. S8801 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3832 (Domenici, R-N.M.) (reclamation) would direct the Secretary of the Interior to establish criteria to transfer title to reclamation facilities. 152 Cong. Rec. S8801 (daily ed. Aug. 3, 2006). The bill was referred to the Committee on Energy and Natural Resources.

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported in 2006, visit our list of Cumulative State Developments Arranged by State, or our list of Cumulative State Developments Arranged by Subject Matter. For state material reported prior to 2006, visit the ELR Archives.

The states below have updates this week:

Alaska Massachusetts Oklahoma Tennessee California Minnesota Rhode Island Virginia Illinois Mississippi South Carolina   Maine Nebraska South Dakota  

ALASKA

General:

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public workshop to discuss the proposed amendments to the Airborne Toxic Control Measure for Cruise Ship Onboard Incineration. The proposed amendments would incorporate the requirements of Senate Bill 771, which prohibits oceangoing ships from conducting onboard incineration within three miles of the California coast. The workshop will be held August 30, 2006. See http://www.arb.ca.gov/toxics/shipincin/workshopnoticepdf.pdf
  • The South Coast Air Quality Management District scheduled a public workshop to solicit information and suggestions from the public regarding Proposed Amended Rule 1403–Asbestos Emissions from Demolition/Renovation Activities. The proposed amendment would clarify language to improve the rule’s enforceability and effectiveness. The workshop will be held August 22, 2006. Comments are due September 5, 2006. See http://www.aqmd.gov/pub_edu/notice_1403_Aug_22_06.html

Water:

  • The Office of Environmental Health Hazard Assessment is soliciting public comment on revised draft technical support documents for proposed Public Health Goals for cadmium, 2,4-D, glyphosate, N-nitrosodimethylamine, and water-soluble PCBs expected to be found in drinking water. Comments are due September 5, 2006. See http://oehha.org/water/phg/pdf/PHGCRNR080406.pdf
  • The State Water Resources Control Board is soliciting comments on a proposed amendment to the Water Quality Control Plan for the Central Coast Region that would establish TMDLs and a land disturbance prohibition for sediment in the Pajaro River. Comments are due September 1, 2006. See http://www.waterboards.ca.gov/tmdl/docs/0901_pajaro_river.pdf

ILLINOIS

Air:

  • The Illinois Pollution Control Board will hold a series of public hearings on the proposed Clean Air Interstate Rule Sulfur Dioxide, Nitrogen Oxide (NOx) Annual, and NOx Ozone Season Trading Programs, 35 Ill. Adm. Code 225, Subparts A, C, D, and E. The hearings will be held during the business days between October 10-20, 2006, and November 28 through December 8, 2006. See http://www.ipcb.state.il.us/ClerksOffice/CalendarofEvents.asp

MAINE

Wildlife:

  • The Department of Agriculture’s Food and Rural Resources will hold a public hearing on proposed Rule 2006-P19, which would establish minimum requirements for the care and treatment of elephants in the state of Maine. These rules reflect the standards of the federal USDA Animal and Plant Health Inspection Service on the Care and Treatment of Elephants. The hearing will be held August 31, 2006. Comments are due September 11, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/080906.htm
  • The Department of Inland Fisheries and Wildlife is soliciting public comment on a proposal to adopt amendments to regulations pertaining to beaver trapping. Comments are due September 8, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/080906.htm

MASSACHUSETTS

Air:

  • The Department of Environmental Protection will hold a public hearing on proposed amendments to 310 CMR 7.00, Appendix B, Emission Banking, Trading, and Averaging, and 310 CMR 7.29, Emissions Standards for Power Plants. The proposed regulations are intended to reduce, avoid, or sequester emissions of greenhouse gases and to create a crediting process for these projects for purposes of complying with the applicable provisions for power plants at 310 CMR 7.29 (5)(a)5. The public hearing will be held August 21, 2006. Comments are due August 31, 2006. See http://www.mass.gov/dep/public/communicate/ghgphnot.htm

MINNESOTA

Water:

  • The Minnesota Pollution Control Agency held a public hearing on the proposed amendments to Minnesota Rules, Chapter 7050, governing the classification and standards for waters of the state. These rules contain water quality standards and other provisions that help protect surface and ground waters from pollution. The hearing was held August 9, 2006. See http://www.pca.state.mn.us/publications/wq-rule1-09.pdf

MISSISSIPPI

Water:

NEBRASKA

Air:

  • The Department of Environmental Quality will hold a meeting to discuss proposed additions and revisions to Title 129, the Nebraska Air Quality Regulations. The proposals would, among other things, revise Chapter 1 to respond to comments received from U.S. EPA regarding prevention of significant deterioration rules; revise Chapter 15 to clarify language describing a source’s obligation when a facility’s equipment configuration is changed but the change does not result in increased emissions; revise Chapter 17 to correct language, to require sources to pay a construction permit application fee when requesting a significant revision to a construction permit, and to allow the construction permitting process to be used to establish best available retrofit technology permits; and adopt a new Chapter 43 in Title 129 to include rules regulating regional haze. These proposed changes will be presented at the September 8, 2006, Environmental Quality Council Meeting. See http://www.deq.state.ne.us/

OKLAHOMA

Hazardous and Solid Waste:

Water:

RHODE ISLAND

Water:

Wildlife:

  • The Director of the Rhode Island Department of Environmental Management proposed to adopt amendments to the rules and regulations governing hunting seasons, bag limits, methods of taking migratory waterfowl, and the practice of falconry. A public hearing will be held September 6, 2006. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn090606.htm

SOUTH CAROLINA

Toxic Substances:

  • The Department of Health and Environmental Control will hold a public hearing on proposed amendments to Regulation 61-63, Radioactive Materials, and Regulation 61-83, Transportation of Radioactive Waste Into or Within South Carolina, to maintain conformity with the federal requirements. The hearing will be held September 14, 2006. See http://www.scdhec.gov/lwm/pubs/notices/rad_sc.pdf

SOUTH DAKOTA

Water:

TENNESSEE

Hazardous and Solid Waste:

  • The Division of Remediation will hold a hearing on August 16, 2006, on behalf of the Solid Waste Disposal Control Board to receive public comments regarding amendments to Chapter 1200-1-13, Hazardous Substance Site Remedial Action. The amendment would delete General Metal Fabricators from the list of inactive sites. See http://www.state.tn.us/environment/dor/ppo/ph081606.pdf

VIRGINIA

Land Use:

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

UNITED NATIONS (UN), ASIAN INSTITUTIONS FORM ENVIRONMENT INITIATIVE:

The UN Environment Programme, the Asian Development Bank, the Asian Institute of Technology, and the UN Economic and Social Commission for Asia and the Pacific have announced a new joint initiative that will advance the sustainable use of natural resources and environmental efficiency. The four collaborators will form a think tank that will produce new information on technology, policy strategy, and environmental management. Generally, the initiative will promote research, promote information sharing, and liaise with academic, scientific, and technical institutions, the private sector, and civil society. See http://www.un.org/apps/news/story.asp?NewsID=19424&Cr=UNEP&Cr1

SLOVAK ENVIRONMENT MINISTRY EMPLOYS “POLLUTER PAYS” PRINCIPLE:

The Slovak Environment Ministry is developing an act that will sanction “environmental responsibility” and implement a “polluter pays” principle to require polluters to contribute funding to the budget designated for environmental protection. The funding provided by polluters will finance solutions to “old environmental burdens,” such as waste dumps and water contamination. The ministry plans to concentrate on recycling, flood protection, securing high-quality drinking water, and improving the public sewage system and sewage-water treatment plants. See http://www.slovakspectator.sk/clanok.asp?cl=24339

GHANA ESTABLISHES TREE-PLANTING POLICY:

The Upper East Regional Coordinating Council has pioneered a policy that requires every design or plan for a public building to incorporate tree planting. Architectural plans that do not designate areas for trees will not be approved for construction. The Upper East Regional Minister explains that trees will provide storm protection, shade, and importantly, another step toward mainstream tree planting in the region. See http://www.ghanaian-chronicle.com/thestory.asp?id=11163

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

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