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Weekly Update Volume 36, Issue 26

09/18/2006

LITIGATION

CERCLA, CONTRIBUTION, INSURANCE:

The Eleventh Circuit upheld the dismissal of a utility company's claim for contribution from the parent corporations of previous owners of a manufactured gas plant. The current owner of the site discovered the contamination as it was preparing to redevelop the property for a mixed-use and marina complex. EPA identified the current owner and a utility company--the most recent past owner--as the responsible parties, and they entered a settlement agreeing to clean up the site. The utility company then sought contribution from the parent corporations of prior owners. But because a reasonable jury would not find that the parent corporations managed, directed, or conducted operations of the facility specifically related to pollution, leakage, or disposal of hazardous waste, the lower court properly dismissed these claims on motions for summary judgment. The utility company also sought to prove coverage under the prior owners' insurance policies, but it failed to point to any evidence that the prior owners were unaware of the leakage problem during the early 1940s and that such leakages were unexpected. Atlanta Gas Light Co. v. UGI Utilities, Inc., No. 05-12204, 36 ELR 20188 (11th Cir. Sept. 6, 2006) (21 pp.).

FEDERAL POWER ACT, REFUND PROCEEDINGS:

The Ninth Circuit granted in part and denied in part numerous petitions for review of a series of FERC orders relating to refunds stemming from the California energy crisis in 2000 and 2001. All of the transactions at issue that occurred within the California Power Exchange Corporation (CalPX) or California Independent System Operator (Cal-ISO) markets, or as a result of a CalPX or Cal-ISO transaction, were the proper subject of the FERC refund proceedings. In addition, FERC properly excluded from the refund proceedings certain bilateral transactions that occurred outside the CalPX and Cal-ISO markets. But while FERC properly established the refund effective date for the Federal Powers Act §206 proceedings, it erred in excluding §309 relief for certain tariff violations. In sum, the court preserved the scope of the existing FERC refund proceedings but expanded those refund proceedings to include: (1) tariff violations that occurred prior to October 2, 2000; (2) transactions in the CalPX and Cal-ISO markets that occurred outside the 24-hour period specified by FERC; and (3) energy exchange transactions in the CalPX and Cal-ISO markets. All other issues raised in the various petitions for review are reserved for the next phase of the appellate proceedings. Public Utilities Commission of California v. Federal Energy Regulatory Commission, Nos. 01-71051 et al., 36 ELR 20186 (9th Cir. Aug. 31, 2006) (99 pp.).

FOREST PLANS, NEPA, RIPENESS:

The Eleventh Circuit held that a lower court improperly dismissed as unripe environmental groups’ claims that the U.S. Forest Service violated NEPA when it amended certain forest plans in the southern United States. The lower court erred in dismissing the case because its reasoning was based on a construction of the ripeness doctrine that does not apply to NEPA cases. NEPA imposes a procedural duty on federal agencies. Where, as here, a plaintiff alleges that it was injured based on an agency's failure to satisfy that duty, the plaintiff's claim is ripe for review. In addition, the court rejected the Forest Service's arguments that the group lacked standing and that their claims were moot. Ouachita Watch League v. Jacobs, Nos. 05-14461, -14462, 36 ELR 20187 (11th Cir. Sept. 5, 2006) (25 pp.).

PESTICIDES, MOOTNESS:

The Ninth Circuit dismissed as moot a chemical association's challenge to California's pesticide registration laws. The association claimed that FIFRA preempted the state registration laws, but the lower court disagreed. While the association's appeal of that decision was pending, California enacted amendments to its pesticide registration laws that rendered the claim moot. The court, therefore, vacated the lower court decision and ordered the case to be dismissed as moot. Chemical Producers & Distributors Ass'n v. Helliker, No. 04-56318, 36 ELR 20185 (9th Cir. Aug. 31, 2006) (16 pp.).

NEPA, NATIONAL PETROLEUM RESERVE:

A district court issued a preliminary ruling that temporarily blocks BLM's plans to lease approximately 1.7 million acres within the National Petroleum Reserve in Alaska for oil exploration. The lease concerns vast areas of sensitive wetlands surrounding Lake Teshekpuk that are protected under the National Petroleum Reserve Production Act (NPRPA). BLM did not arbitrarily or capriciously fail to analyze and explain its decision to decrease the protection to wildlife and subsistence resources in the protected area in violation of the NPRPA. Nor did BLM abuse its discretion in failing to prepare a supplemental EIS prior to adopting one of its alternatives in the final EIS. Similarly, BLM did not act arbitrarily or capriciously in analyzing the combined effects of the proposed oil development activities and climate change. Nevertheless, BLM violated NEPA by failing to fully consider the cumulative environmental effects of the lease sales in the eastern and western sections of the reserve. Likewise, BLM did not provide the best information available in its biological assessment of endangered species. The court, therefore, preliminarily enjoined BLM from taking further action. National Audubon Society v. Kempthorne, No. 1:05-cv-00008-JKS, 36 ELR 20189 (D. Alaska Sept. 9, 2006) (Singleton, J.) (26 pp.).

ESA, FIFRA, CONSULTATION:

A district court partially overturned FWS and NOAA Fisheries (the Services) "counterpart regulations" concerning consultation between EPA and the Services on the effects of pesticides on endangered species. The regulations, which were intended to streamline EPA's and the Services' respective duties under FIFRA and the ESA, allow EPA to make "no likely adverse affect" (NLAA) determinations under FIFRA without informal consultation with the FWS or NOAA Fisheries. In addition, the regulations expand the "emergency" consultation procedures to cover all FIFRA §18 actions, effectively equating FIFRA emergencies with ESA emergencies. They also streamline the process for FIFRA actions that require formal consultation. The court upheld the formal consultation provisions because they are optional. But the NLAA and emergency consultation provisions are arbitrary and capricious and must be set aside. The provisions are inconsistent with the ESA, and the Services failed to prepare an EIS properly considering all of the impacts of, and alternatives to, adoption of the provisions under NEPA. Washington Toxics Coalition v. United States Department of Interior, No. C04-1998C, 36 ELR 20190 (W.D. Wash. Aug. 24, 2006) (Coughenour, J.) (26 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), CALIFORNIA ENDANGERED SPECIES ACT (CESA):

A California appellate court upheld a city's and county's certification of a 2003 habitat conservation plan and implementation agreement for threatened hawks and snakes in the Natamos Basin, as well as the state wildlife department's plan for issuing incidental take permits in the area, under CEQA and CESA. The city and county fully accounted for the environmental consequences of the plan and implementation agreement. And the evidence supports the department's finding that the plan will minimize and fully mitigate the incidental take of hawks and snakes, that the permits will not jeopardize the continued existence of either species, and that the mitigation measures will be adequately funded. A lower court, therefore, properly dismissed environmental group's petitions for review. Environmental Council of Sacramento v. City of Sacramento, No. C049527, 36 ELR 20192 (Cal. App. 3d Dist. Sept. 11, 2006) (42 pp.).

TIMBER, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

A California appellate court affirmed, with modifications, a lower court's reversal of the state forestry agency's timber harvest plan for a 13-acre parcel of land in Sonoma County. Contrary to the lower court's findings, there is substantial evidence to support the state agency's ultimate finding regarding the effect of fog drip. Nevertheless, the plan failed to adequately address this issue. In addition, the state agency abused its discretion by failing to comply with CEQA's notice and recirculation requirements after adding significant new information to the plan about the Northern Spotted Owl and by failing to follow its own regulations for protecting this endangered animal. Joy Road Area Forest & Watershed Ass'n v. California Department of Forestry & Fire Protection, No. A105421, 36 ELR 20184 (Cal. App. 1st Dist. Aug. 30, 2006) (27 pp.).

WATER RIGHTS, PRIORITY:

A California appellate court held that the state water board abused its discretion in imposing certain restrictions on an irrigation district's permit to appropriate water within the Sacramento-San Joaquin Delta watershed but not on appropriators whose rights are junior to those of the irrigator. The restrictions required the irrigator to curtail its diversion of water when the U.S. Bureau of Reclamation or the state water department are releasing stored water from certain water projects to meet water quality objectives in the Delta. The water board's action contravened the rule of priority because appropriators junior to the irrigator can divert water when it cannot. Although the rule of priority is not absolute, the board must protect water right priorities unless doing so would result in the unreasonable use of water, harm values protected by the public trust doctrine, or violate some other equally important principle or interest. Such is not the case here. The court, therefore, affirmed a lower court order requiring the water board to set aside the restriction. El Dorado Irrigation District v. State Water Resources Control Board, No. C046211, 36 ELR 20191 (Cal. App. 3d Dist. Sept. 8, 2006) (83 pp.).

INVERSE CONDEMNATION, TORT LAW:

A California appellate court upheld the dismissal of property owners' claims against a reclamation district for property damage caused by breached levees. The owners' takings claims failed because under California law, the defective maintenance of flood control or water retention systems does not provide a valid legal basis for an action for inverse condemnation. Although there may be liability in inverse condemnation where levee failures are integrally connected with a flawed plan for the design, construction, and maintenance of that levee, there is no such liability where similar failures are the result of negligent or inadequate operation and maintenance. In addition, the property owners' negligence, nuisance, trespass, and “failure to provide lateral and subjacent support” claims were properly dismissed because the district was not under a "mandatory duty" to prevent leakage of its levees. Tilton v. Reclamation District No. 800, No. A112185, 36 ELR 20179 (Cal. App. 1st Dist. Sept. 1, 2006) (21 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 revisions to its major new source review regulations; among other things, the revisions would change how emissions from emissions units upstream or downstream from units undergoing a physical change or change in the method of operation are included in the calculation of an emissions increase for a project. 71 FR 54235 (9/14/06).
  • EPA proposed several amendments and corrections to the final rule it promulgated on October 12, 2005, concerning NESHAPs for new and existing hazardous waste combustors; in addition, the Agency granted reconsideration on several issues raised in certain petitions it received pertaining to the final rule. 71 FR 52623 (9/6/06).
  • EPA proposed amendments to the standards of performance for municipal solid waste landfills, the emission guidelines and compliance times for municipal solid waste landfills, NESHAPs for municipal solid waste landfills, and the federal plan requirements for municipal solid waste landfills that commenced construction prior to May 30, 1991, and have not been modified or reconstructed since May 30, 1991. 71 FR 53271 (9/8/06).
  • EPA proposed to promulgate a source specific federal implementation plan (FIP) to regulate emissions from the Four Corners Power Plant, a coal-fired power plant located on the Navajo Indian Reservation near Farmington, New Mexico. 71 FR 53631 (9/12/06).
  • EPA proposed to promulgate a source specific FIP to regulate emissions from the Navajo Generating Station, a coal-fired power plant located on the Navajo Indian Reservation near Page, Arizona. 71 FR 53639 (9/12/06).
  • SIP Approvals: Illinois (Ford Motor Company adjusted standard) 71 FR 52464 (9/6/06). Kentucky (air permit regulations) 71 FR 52460 (9/6/06). Michigan (format revision for materials incorporated by reference) 71 FR 52467 (9/6/06). Texas (highly reactive volatile organic compounds (HRVOCs)) 71 FR 52655 (9/6/06); (HRVOC emissions cap and trade program) 71 FR 52659 (9/6/06); (mass emissions cap and trade program) 71 FR 52664 (9/6/06); (ozone attainment plan revisions) 71 FR 52670 (9/6/06); (emission credit banking and trading program) 71 FR 52698 (9/6/06); (discrete emission credit banking and trading program) 71 FR 52703 (9/6/06). Vermont (negative declaration) 71 FR 53972 (9/13/06). West Virginia (eight-hour ozone NAAQS) 71 FR 54421 (9/15/06).
  • SIP Proposals: Illinois (Ford Motor Company adjusted standard; see above for direct final rule) 71 FR 52504 (9/6/06). Vermont (negative declaration; see above for direct final rule) 71 FR 54007 (9/13/06).

HAZARDOUS & SOLID WASTE:

  • EPA adjusted the reportable quantity (RQ) for the extremely hazardous substance isophorone diisocyanate to 500 pounds; the Agency inadvertently omitted the RQ adjustment for this substance after it modified the threshold planning quantity on September 8, 2003. 71 FR 53331 (9/11/06).
  • EPA proposed to adjust the RQ for isophorone diisocyanate to 500 pounds; see above for direct final rule. 71 FR 53354 (9/11/06).
  • EPA entered into a proposed settlement under CERCLA concerning the Florida Petroleum Reprocessors Superfund site located in Davie, Florida, for reimbursement of past response costs. 71 FR 53094 (9/8/06).
  • EPA entered into a proposed agreement under CERCLA concerning the Del Amo Superfund site in Los Angeles, California, that requires the settling parties to fully compensate EPA for recovery of past response costs totaling $1,208,551.25. 71 FR 53685 (9/12/06).
  • EPA authorized revisions Alabama made to its hazardous waste program under RCRA. 71 FR 53989 (9/13/06).
  • EPA proposed to grant final authorization to Alabama over changes it made to its hazardous waste program under RCRA; see above for immediate final rule. 71 FR 54007 (9/13/06).

PUBLIC LANDS:

  • The U.S. Forest Service announced its proposal to adopt a long-term flat fee policy under which a single land use fee would be charged for each type of service provided by outfitters and guides in the Alaska region. 71 FR 54454 (9/15/06).

TOXIC SUBSTANCES:

  • EPA, due to the structural damage of its docket center caused by a June 2006 flood and the need to relocate its center, revised the effective dates for the Preliminary Assessment Information Reporting Rule and the Health and Safety Data Reporting Rule to ensure that withdrawal requests for the removal of chemicals from these two rules are accounted for and addressed. 71 FR 54434 (9/15/06).
  • OSHA issued an advance notice of proposed rulemaking concerning the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), which has been adopted by the United Nations; the GHS would require modifications to OSHA's Hazard Communication Standard. 71 FR 53617 (9/12/06).
  • EPA authorized Hawaii to administer its Lead-Based Paint Abatement Program in accordance with TSCA §404. 71 FR 52327 (9/5/06).

WATER:

  • EPA, in response to a petition from a group of Clark County, Washington, residents, determined that the county's Troutdale aquifer system is a sole or principal source of drinking water, and that if contaminated, would create a significant hazard to public health; as a result of this action, all federal financially assisted projects proposed over the aquifer system will be subject to Agency review to ensure that they do not create a significant hazard to public health. 71 FR 52541 (9/6/06).

WILDLIFE:

  • FWS issued an updated list of plant and animal species native to the United States that it regards as candidates for or have been proposed for addition to the lists of endangered and threatened species under the ESA. 71 FR 53755 (9/12/06).
  • FWS designated critical habitat for the southern California distinct population segment (DPS) of the mountain yellow-legged frog in Los Angeles, Riverside, and San Bernardino counties, California. 71 FR 54343 (9/14/06).
  • FWS designated critical habitat for the Rota Bridled White-eye on the Island of Rota, Commonwealth of the Northern Mariana Islands. 71 FR 53589 (9/12/06).
  • FWS announced the availability of the draft economic analysis and draft EA of the proposed designation of critical habitat for the contiguous United States DPS of Canada lynx. 71 FR 53355 (9/11/06).
  • FWS, in response to a settlement agreement reached on January 13, 2003, proposed to revise currently designated critical habitat for the marbled murrelet in California, Oregon, and Washington by reducing approximately 3,666,108 acres from the currently designated critical habitat. 71 FR 53837 (9/12/06).
  • FWS announced the availability of the final comprehensive conservation plan and FONSI for Long Island National Wildlife Refuge Complex in Nassau and Suffolk counties, New York. 71 FR 54089 (9/13/06).
  • NMFS announced its intent to develop recovery plans for five evolutionarily significant units of Pacific salmon and five DPSs of steelhead trout in California that are listed as threatened or endangered under the ESA. 71 FR 53421 (9/11/06).
  • NOAA announced that the National Marine Sanctuary Program (NMSP) is initiating a review of the management plan and regulations for the Flower Garden Banks National Marine Sanctuary, located in the northwestern Gulf of Mexico, and intends to prepare a draft EIS and revised management plan for the Sanctuary. 71 FR 52757 (9/7/06).
  • NOAA announced that the NMSP is initiating a review of the management plan and regulations for the Thunder Bay National Marine Sanctuary, located in the northeast corner of Michigan's lower peninsula, and intends to prepare a draft EIS and revised management plan for the Sanctuary. 71 FR 52758 (9/7/06).

DOJ NOTICES OF SETTLEMENT:

  • United States v. AgriProcessors, Inc., No. C04-1037-LRR (N.D. Iowa Aug. 31. 2006). A settling CAA, CWA, and EPCRA defendant must spend at least $12,330 to purchase certain emergency response equipment, must pay a cash penalty of $590,756 over a two-year period with interest, and must perform an environmental compliance audit at its Postville, Iowa, and Gordon, Nebraska, facilities to resolve claims of contributing wastewater from its Postville plant to the city's POTWs, failing to properly submit emergency and hazardous chemical inventory forms and other records, and failing to properly develop and implement a risk management program. 71 FR 53132 (9/8/06).
  • United States v. American Cyanamid, Nos. 1:02-CV-109-1 and 1:03-CV-122-3 (M.D. Ga. Sept. 1, 2006). A settling CERCLA defendant must pay $7,250,000 to the Hazardous Substances Superfund in reimbursement costs incurred at and from the Stoller Chemical Company/Pelham Phosphate Company Superfund site in Pelham, Georgia. 71 FR 53132 (9/8/06).
  • United States v. Government of the Virgin Islands, No. 2006-139-CVG (D.V.I. Aug. 25. 2006). A settling CERLCA defendant must pay $354,500, plus interest, in response costs incurred at the Virgin Islands Department of Health Superfund site in Charlotte Amalie, St. Thomas; the Virgin Islands Sub Base Superfund site in St. Thomas; and the Virgin Islands Department of Agriculture Superfund site in St. Croix. 71 FR 53133 (9/8/06).
  • United States v. United Park City Mines Co., No. 2:06CV00745 PCG (D. Utah Sept. 5, 2006). Settling CERCLA defendants must pay $400,000 in past response costs incurred at the Richardson Flat Tailings Superfund site near Park City, Utah. 71 FR 54093 (9/13/06).
  • United States v. United Park City Mines Co., No. 2:06CV00745 PCG (D. Utah Sept. 5, 2006). Settling CERCLA defendants must pay $60,000 in past response costs incurred at the Richardson Flat Tailings Superfund site near Park City, Utah. 71 FR 54093 (9/13/06).
  • United States v. City of San Diego, No. 03-CV-1349K (POR) (S.D. Cal. Aug. 15. 2006). A settling CWA defendant must inspect, rehabilitate, and replace portions of the San Diego sewer system; must control root problems; must clean a specified amount of sewer pipe; must implement a grease blockage control program; and must perform analyses of canyon-based sewer lines to resolve claims of sanitary sewer overflows and other violations of the Act. 71 FR 53477 (9/11/06).

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

THE CONGRESS

PUBLIC LAWS:

  • H.R. 3682 (wildlife), which would redesignate the Mason Neck National Wildlife Refuge in Virginia as the Elizabeth Hartwell Mason Neck National Wildlife Refuge, was signed into law by President Bush on Aug. 12, 2006. Pub. L. No. 109-269, 152 Cong. Rec. D902 (daily ed. Sept. 5, 2006).

CHAMBER ACTION:

  • S. 466 (Maine Navigation Project), which would deauthorize a certain portion of the Rockland Harbor, Maine, project for navigation, was passed by the Senate. 152 Cong. Rec. S8976 (daily ed. Sept. 5, 2006).
  • S. 2464 (Fort McDowell Indian Community Water Rights Settlement Revision Act), which would revise a provision relating to a repayment obligation of the Fort McDowell Yavapai Nation under the Fort McDowell Indian Community Water Rights Settlement Act of 1990, was passed by the Senate. 152 Cong. Rec. S9564 (daily ed. Sept. 13, 2006).
  • H.R. 138 (coastal resources), which would revise the boundaries of the John H. Chafee Coastal Barrier Resources System Jekyll Island Unit GA-06P, was passed by the House. 152 Cong. Rec. H6386-87 (daily ed. Sept. 12, 2006).
  • H.R. 479 (coastal resources), which would replace a coastal barrier resources system map for Grayton Beach United FL-95P in Walton County, Florida, was passed by the House. 152 Cong. Rec. H6387 (daily ed. Sept. 12, 2006).
  • H.R. 631 (mineral rights), which would provide for the acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe, was passed by the House. 152 Cong. Rec. H6383 (daily ed. Sept. 12, 2006).
  • H.R. 1442 (shipping), which would complete codification of title 46, United States Code, "Shipping," as positive law, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S9565 (daily ed. Sept. 13, 2006).
  • H.R. 5094 (Lake Mattamuskeet Lodge Preservation Act), which would require the conveyance of Mattamuskeet Lodge and surrounding property, including the Mattamuskeet National Wildlife Refuge headquarters, to the state of North Carolina to permit the state to use the property as a public facility dedicated to the conservation of the natural and cultural resources of North Carolina, was passed by the House. 152 Cong. Rec. H6384 (daily ed. Sept. 12, 2006).
  • H.R. 5539 (North American Wetlands Conservation Reauthorization Act of 2006), which would reauthorize the North American Wetlands Conservation Reauthorization Act, was passed by the House. 152 Cong. Rec. H6385 (daily ed. Sept. 12, 2006).
  • H.R. 5381 (National Fish Hatchery System Volunteer Act of 2006), which would establish a volunteer program and promote community partnerships for the benefit of national fish hatcheries and fisheries program offices, was passed by the House. 152 Cong. Rec. H6388 (daily ed. Sept. 12, 2006).

COMMITTEE ACTION:

  • S. 1773 (land claims) was reported by the Committee on Resources. H. Rep. No. 109-633, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would resolve certain Native American claims in New Mexico.
  • S. 2145 (chemical facilities) was reported by the Committee on Homeland Security and Governmental Affairs. S. Rep. No. 109-332, 152 Cong. Rec. S9308 (daily ed. Sept. 11, 2006). The bill would enhance security and protect against terrorist attacks at chemical facilities.
  • H.R. 138 (coastal resources) was reported by the Committee on Resources. H. Rep. No. 109-618, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would revise the boundaries of John H. Chafee Coastal Barrier Resources System Jekyll Island Unit GA-06P.
  • H.R. 183 (national trails) was reported by the Committee on Resources. H. Rep. No. 109-619, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would designate the Ice Age Floods National Geologic Trail.
  • H.R. 479 (coastal resources) was reported by the Committee on Resources. H. Rep. No. 109-620, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would replace a coastal barrier resources system map for Grayson Beach Unit FL-95P in Walton County, Florida.
  • H.R. 631 (mineral rights) was reported by the Committee on Resources. H. Rep. No. 109-621, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would provide for the acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe.
  • H.R. 1369 (natural gas) was reported by the Committee on the Judiciary. H. Rep. No. 109-656, 152 Cong. Rec. H6654 (daily ed. Sept. 14, 2006). The bill would prevent certain discriminatory taxation of natural gas pipeline property.  
  • H.R. 1442 (shipping) was reported by the Committee on the Judiciary. 152 Cong. Rec. S6110 (daily ed. Sept. 7, 2006). The bill would complete the codification of title 46, United States Code, "Shipping," as positive law.
  • H.R. 1796 (National Trails System Act) was reported by the Committee on Resources. H. Rep. No. 109-622, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would amend the National Trails System Act to designate the route of the Mississippi River from its headwaters in the state of Minnesota to the Gulf of Mexico for study for potential addition to the National Trails System as a national scenic trail, national historic trail, or both.
  • H.R. 2069 (land exchange) was reported by the Committee on Resources. H. Rep. No. 109-623, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would authorize the exchange of certain land in Grand and Uintah Counties, Utah.
  • H.R. 2110 (national forests) was reported by the Committee on Resources. H. Rep. No. 109-624, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would provide for a study of options for protecting the open space characteristics of certain lands in and adjacent to the Arapaho and Roosevelt National Forests in Colorado.
  • H.R. 2334 (water) was reported by the Committee on Resources. H. Rep. No. 109-625, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California.
  • H.R. 3534 (public land) was reported by the Committee on Resources. H. Rep. No. 109-627, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would designate the Piedras Blancas Light Station and the surrounding public land as an Outstanding Natural Area to be administered as a part of the National Landscape Conservation System.
  • H.R. 3961 (Grand Canyon National Park) was reported by the Committee on Resources. H. Rep. No. 109-628, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would authorize the National Park Service to pay for services at the Grand Canyon National Park rendered by subcontractors under a General Services Administration Indefinite Deliver/Indefinite Quantity Contract.
  • H.R. 4382 (land conveyance) was reported by the Committee on Resources. H. Rep. No. 109-629, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would provide for the conveyance of certain land in Clark County, Nevada, for use by the Nevada National Guard.
  • H.R. 4588 (water) was reported by the Committee on Resources. H. Rep. No. 109-630, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would reauthorize grants for and require applied water supply research regarding the water resources research and technology institutes established under the Water Resources Research Act of 1984.
  • H.R. 4612 (national parks) was reported by the Committee on Resources. H. Rep. No. 109-631, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would redesignate Dayton Aviation Heritage National Historic Park in the state of Ohio as the "Wright Brothers-Dunbar National Historic Park."
  • H.R. 4750 (water) was reported by the Committee on Resources. H. Rep. No. 109-632, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would authorize the Secretary of the Interior to conduct a study to determine the feasibility of implementing a water supply and conservation project to improve water supply reliability, increase the capacity of water storage, and improve water management efficiency in the Republican River Basin between Harlan County Lake in Nebraska and Milford Lake in Kansas.
  • H.R. 4789 (land conveyance) was reported by the Committee on Resources. H. Rep. No. 109-634, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would require the Secretary of the Interior to convey certain public land located wholly or partially within the boundaries of the Wells Hydroelectric Project of Public Utility District No. 1 of Douglas County, Washington, to the utility district.
  • H.R. 5016 (land exchange) was reported by the Committee on Resources. H. Rep. No. 109-635, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would provide for the exchange of certain BLM land in Pima County, Arizona, and for other purposes.
  • H.R. 5079 (irrigation) was reported by the Committee on Resources. H. Rep. No. 109-636, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would provide for the modification of a repayment contract between the Secretary of the Interior and the North Unit Irrigation District.
  • H.R. 5132 (National Park System) was reported by the Committee on Resources. H. Rep. No. 109-637, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill 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.
  • H.R. 5381 (fisheries) was reported by the Committee on Resources. H. Rep. No. 109-638, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would establish a volunteer program and promote community partnerships for the benefit of national fish hatcheries and fisheries program offices.
  • H.R. 5539 (wetlands) was reported by the Committee on Resources. H. Rep. No. 109-639, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would reauthorize the North American Wetlands Conservation Reauthorization Act.
  • H.R. 5802 (national parks) was reported by the Committee on Resources. H. Rep. No. 109-640, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would amend the National Park Service Concessions Management Improvement Act of 1998, extend to additional small businesses the preferential right to renew a concessions contract entered into under such Act, and facilitate the renewal of a commercial use authorization granted under such Act.
  • H.R. 5861 (preservation) was reported by the Committee on Resources. H. Rep. No. 109-641, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006). The bill would amend the National Historic Preservation Act regarding local involvement in historic preservation.
  • H.R. 5863 (TSCA) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-659, 152 Cong. Rec. H6654 (daily ed. Sept. 14, 2006). The bill would authorize temporary emergency extensions to certain exemptions to the requirements with respect to polychlorinated biphenyls under TSCA.
  • Brownfields: What Will it Take to Turn Lost Opportunities into America's Gain?, was reported by the Committee on Government Reform. H. Rep. No. 109-616, 152 Cong. Rec. H6301 (daily ed. Sept. 6, 2006).   

BILLS INTRODUCED:

  • S. 3840 (Schumer, D-N.Y.) (ethanol) would amend the Internal Revenue Code of 1986 to provide a tax incentive to produce ethanol in high-consumption, low-production states. 152 Cong. Rec. S8972 (daily ed. Sept. 5, 2006). The bill was referred to the Committee on Finance.
  • S. 3841 (Kyl, R-Ariz.) (conservation) would authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in the states of Arizona, California, and Nevada. 152 Cong. Rec. S8972 (daily ed. Sept. 5, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3844 (Nelson, D-Neb.) (ethanol) would provide for the investment of all funds collected from the tariff on imports of ethanol in the research, development, and deployment of biofuels, especially cellulosic ethanol produced from biomass feedstocks. 152 Cong. Rec. S8972 (daily ed. Sept. 5, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3851 (Murkowski, R-Ark.) (hydroelectricity) would provide for the extension of preliminary permit periods by FERC for certain hydroelectric projects in the state of Alaska. 152 Cong. Rec. S9040 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3854 (Wyden, D-Or.) (wilderness) would designate certain land in the state of Oregon as wilderness. 152 Cong. Rec. S9041 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3855 (Conrad, D-N.D.) (agriculture) would provide emergency agricultural disaster assistance. 152 Cong. Rec. S9041 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3858 (Smith, R-Or.) (wilderness) would authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, provide for the exchange of certain Monument land in exchange for private land, and designate certain Monument land as wilderness. 152 Cong. Rec. S9041 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3860 (Burns, R-Mont.) (agriculture) would provide emergency wildfire and agricultural disaster assistance. 152 Cong. Rec. S9041 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3862 (Talent, R-Mo.) (animal health) would amend the Animal Health Protection Act to prohibit the Secretary of Agriculture from implementing or carrying out a National Animal Identification System or similar requirement, prohibit the use of federal funds to carry out such a requirement, and require the Secretary to protect information obtained as part of any voluntary animal identification system. 152 Cong. Rec. S9111 (daily ed. Sept. 7, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3868 (Inhofe, R-Okla.) (CAA) would amend the CAA to encourage the most polluted areas in the United States to attain clean air standards. 152 Cong. Rec. S9111 (daily ed. Sept. 7, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3871 (Thune, R-S.D.) (Solid Waste Disposal Act) would amend the Solid Waste Disposal Act to direct the Administrator of EPA to establish a hazardous waste electronic manifest system. 152 Cong. Rec. S9111 (daily ed. Sept. 7, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3879 (Inhofe, R-Okla.) (nuclear damage) would implement the Convention on Supplementary Compensation for Nuclear Damage. 152 Cong. Rec. S9253 (daily ed. Sept. 8, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3883 (Coleman, R-Minn.) (coal) would amend the Internal Revenue Code of 1986 to provide an alternate sulfur dioxide removal measurement for advanced coal-based generation technology units under the qualifying advanced coal project credit. 152 Cong. Rec. S9308 (daily ed. Sept. 11, 2006). The bill was referred to the Committee on Finance.
  • S. 3890 (Harkin, D-Iowa) (energy security) would enhance and improve the energy security of the United States, expand economic development, increase agricultural income, and improve environmental quality by reauthorizing and improving the renewable energy systems and energy efficiency improvements program of the USDA through fiscal year 2012. 152 Cong. Rec. S9361 (daily ed. Sept. 12, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3895 (Boxer, D-Cal.) (recreation area) would establish the Sacramento River National Recreation Area in the state of California. 152 Cong. Rec. S9630 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3898 (Hagel, R-Neb.) (health) would amend the Homeland Security Act to provide for the health of Americans by implementing a system that detects and identifies in a timely manner diseases, conditions, and events that represent a threat to humans, animals, food production, and the water supply. 152 Cong. Rec. S9630 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Homeland Security and Governmental Affairs.
  • H.R. 6029 (Radanovich, R-Cal.) (dams) would amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities. 152 Cong. Rec. H6302 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6037 (Pearce, R-N.M.) (land conveyance) would direct the Secretary of Agriculture to convey tracts at least 40 acres in size to the village of Santa Clara, the city of Bayard, or the county of Grant, New Mexico, at its current market price as determined by the Secretary, for business and community development. 152 Cong. Rec. H6302 (daily ed. Sept. 6, 2006). The bill was referred to the Committee on Agriculture and the Committee on Resources.
  • H.R. 6042 (Emerson, R-Mo.) (animal health) would amend the Animal Health Protection Act to prohibit the Secretary of Agriculture from implementing or carrying out a National Animal Identification System or similar requirement and to require the Secretary to protect information obtained as part of any voluntary animal identification system. 152 Cong. Rec. H6363 (daily ed. Sept. 7, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 6043 (Hastings, R-Wash.) (federal lands) would amend the Native American Graves Protection and Repatriation Act so that it will be interpreted to require that a significant relationship be found between remains discovered on federal lands and presently existing Native American tribes for those remains to be applicable under the Native American Graves Protection and Repatriation Act. 152 Cong. Rec. H6363 (daily ed. Sept. 7, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6059 (Woolsey, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Santa Rosa Urban Water Reuse Plan. 152 Cong. Rec. H6428 (daily ed. Sept. 12, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6064 (Kind, D-Wis.) (conservation and energy) would reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department and modify the operation and administration of these programs. 152 Cong. Rec. H6534-35 (daily ed. Sept. 13, 2006). The bill was referred to the Committee on Agriculture and the Committee on Education and the Workforce.
  • H.R. 6068 (Thompson, D-Cal.) (water) would authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration. 152 Cong. Rec. H6535 (daily ed. Sept. 13, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6074 (McMorris Rodgers, R-Wash.) (agriculture) would amend the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture to consider variations in the national average market price for different classes of wheat when determining the eligibility of wheat producers for counter-cyclical payments for the 2005, 2006, and 2007 crop years. 152 Cong. Rec. H6654 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 6080 (Drake, R-Va.) (minerals) would establish the Mineral Commodity Information Administration in the DOI. 152 Cong. Rec. H6654 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6081 (Jefferson, D-La.) (natural disasters) would provide an option to proceed with an action in any federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the U.S. Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible. 152 Cong. Rec. H6654 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on the Judiciary and the Committee on Transportation and Infrastructure.
  • H.R. 6086 (Terry, R-Neb.) (health) would amend the Homeland Security Act to provide for the health of Americans by implementing a system that detects and identifies in a timely manner diseases, conditions, and events that represent a threat to humans, animals, food production, and the water supply. 152 Cong. Rec. H6655 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 6087 (Whitefield, R-Ky.) (lakes) would ensure the safety of residents and visitors to Lake Barkley, Kentucky, and improve recreation, navigation, and the economic vitality of the lake's region by requiring the Chief of Engineers of the U.S. Army Corps of Engineers to establish a pilot program to maintain the pool elevation of such lake at 359 feet until after the first Monday in September. 152 Cong. Rec. H6655 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 6088 (Wilson, R-N.M.) (water resources) would direct the Secretary of the Interior to conduct a study of water resources in the state of New Mexico. 152 Cong. Rec. H6655 (daily ed. Sept. 14, 2006). The bill was referred to the Committee on Resources.
  • H. Res. 995 (Smith, R-N.J.) (natural resources) would promote transparency of natural resource revenues in resource-rich developing countries to help combat corruption, encourage democracy and accountable government in such countries, and ensure energy security through a more stable operating environment in such countries. 152 Cong. Rec. H6428 (daily ed. Sept. 12, 2006). The resolution was referred to the Committee on International Relations, and the Committees on Financial Services, and Ways and Means.
  • H. Res. 998 (Barrow, D-Ga.) (agriculture) would provide for consideration of the bill (H.R. 5099) to provide disaster assistance to agricultural producers for crop and livestock losses. 152 Cong. Rec. H6428 (daily ed. Sept. 12, 2006). The resolution was referred to the Committee on Rules.
  • H. Res. 1010 (Hayes, R-N.C.) (agriculture) would recognize the North Carolina Farm Bureau Federation on the occasion of its 70th anniversary and salute the outstanding service of its members and staff on behalf of agriculture and the people of North Carolina. 152 Cong. Rec. H6655 (daily ed. Sept. 14, 2006). The resolution was referred to the Committee on Agriculture.

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 Delaware Maryland Pennsylvania Virginia Arizona Georgia Missouri Rhode Island Wyoming California Indiana Oklahoma South Dakota   Colorado Maine Oregon Texas  

ALASKA

Wildlife:

ARIZONA

Air:

  • The Arizona Department of Environmental Quality is in the process of proposing rules establishing standards of performance for the control of mercury emissions from new and existing stationary coal-fired electric utility steam generating units, as defined in CAA §111, that are at least as stringent as the federal rule at 40 CFR 60, Subparts Da and HHH. Comments were due September 12, 2006. See http://www.azdeq.gov/function/laws/draft.html

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public hearing to consider adoption of amendments to the California Zero Emission Bus Regulation. The proposed amendments would postpone the purchase requirement for zero emission buses by three years for transit agencies on the diesel path, and one to two years for those agencies on the alternative fuel path. A requirement for an advanced demonstration project is proposed to offset some of the emission losses resulting from the postponement. The hearing will be held October 19-20, 2006. See http://www.oal.ca.gov/notice/35z-2006.pdf (p. 1241)
  • The Air Resources Board will conduct a public hearing to consider adoption of amendments to the Distributed Generation Certification Regulation. Distributed generation refers to replacing or supplementing electricity from the grid with electrical generation sources that are located near the place of use. The hearing will be held October 19-20, 2006. See http://www.oal.ca.gov/notice/35z-2006.pdf (p. 1256)

Water:

  • The Department of Health Services will conduct a public hearing on proposed rulemaking Title 22, California Code of Regulations, Perchlorate in Drinking Water, R–16–04. The hearing will be held October 30, 2006. Comments are due November 3, 2006. See http://www.oal.ca.gov/notice/35z-2006.pdf (p. 1260)

Wildlife:

COLORADO

Water:

DELAWARE

Air:

Wildlife:

GEORGIA

Air:

  • The Department of Natural Resources, Environmental Protection Division, will conduct a public hearing on proposed amendments to Rules 391-3-1-.02 and 391-3-1-.03 of the state's rules for air quality control. The hearing will be held October 9, 2006. The proposed amendments will be considered for adoption by the Board of Natural Resources at its meeting on December 5, 2006. See http://www.gaepd.org/environet/1/notice_08292006.pdf

Water:

  • The Environmental Protection Division of the Georgia Department of Natural Resources proposed to amend the states' rules for environmental planning criteria set forth in Chapter 391-3-16. The proposed rule amendment includes a revision to Rule 391-3-16-.01, Water Supply Watersheds, to clarify that local ordinances providing for the protection of required stream buffers may also contain provisions for a local buffer variance application and review process. Public hearings will be held September 21, 26, and 27, 2006. Comments are due October 6, 2006. See http://www.gaepd.org/environet/16/notice.pdf

INDIANA

Air:

Hazardous and Solid Waste:

Water:

MAINE

Water:

  • The Department of Environmental Protection will hold a public hearing on proposed revisions to Chapter 500, Stormwater Management, and Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams. A proposed revision to Chapter 500 would allow the department to approve redevelopment projects that do not meet all of the new standards. Other changes include, but are not limited to, revisions to definitions for “developed area” and “linear project” and changes to the general standards and permit by rule. Proposed revisions to Chapter 502 would add 5 lakes to the list of Most at Risk Lakes based on data showing an increased trophic state, and would remove one lake from the “severely blooming” category. One stream is also proposed to be removed from the Urban Impaired Stream list due to data showing that it is meeting its water quality classification. The hearing will be held October 5, 2006. Comments are due October 16, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/091306.htm

MARYLAND

Hazardous and Solid Waste:

  • On August 22, 2006, the Secretary of the Environment adopted amendments to: Regulation .03 under COMAR 26.13.01, Hazardous Waste Management System: General; Regulations .05 and .07 under COMAR 26.13.02, Identification and Listing of Hazardous Waste; Regulations .04-.06, .07-2, and .07-3 under COMAR 26.13.03, Standards Applicable to Generators of Hazardous Waste; Regulations .01 and .02 under COMAR 26.13.04, Standards Applicable to Transporters of Hazardous Waste; and Regulation .05 under COMAR 26.13.05, Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. These amendments became effective September 11, 2006. See http://www.dsd.state.md.us/mdregister/3318/main_register.htm

Wildlife:

  • The Secretary of Natural Resources proposes to amend Regulations .01-.06, .09, and .10 under COMAR 08.02.11, Fishing in Nontidal Waters. A public hearing will be held September 18, 2006. Comments are due October 2, 2006. See http://www.dsd.state.md.us/mdregister/3318/main_register.htm
  • The Secretary of Natural Resources proposes to repeal existing Regulations .01 and .02 and adopt new Regulations .01-.06 under COMAR 08.02.19, Nuisance and Prohibited Species. The purpose of this action is to control nonnative aquatic organisms that threaten to harm or alter the ecosystem. A public hearing was held September 7, 2006. Comments are due October 2, 2006. See http://www.dsd.state.md.us/mdregister/3318/main_register.htm

MISSOURI

General:

  • The Department of Agriculture is soliciting public comment on proposed revisions to Chapter 2, Missouri Qualified Biodiesel Producer Incentive Program. The proposed revision, 2 CSR 110-2.010, sets forth the general organization, definitions, requirements of eligibility, licensing, application for grants, procedures for grant disbursements, recordkeeping requirements, and verification procedures of the program. Comments are due October 1, 2006. See http://www.sos.mo.gov/adrules/moreg/current/2006/v31n17/v31n17a.pdf (p. 1306)

OKLAHOMA

Hazardous and Solid Waste:

OREGON

Land Use :

Water:

Wildlife:

PENNSYLVANIA

Land Use :

RHODE ISLAND

Water:

Wildlife:

  • The Department of Environmental Management will hold a public hearing on proposed amendments to the Rules and Regulations Governing the Importation and Possession of Native Wildlife and the Rules and Regulations Governing Wildlife Rehabilitation. The hearing will be held September 27, 2006. Comments are due September 27, 2006. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn082506.htm

SOUTH DAKOTA

Water:

  • The Department of Environment and Natural Resources, Board of Water and Natural Resources, will hold a public hearing to discuss a host of new proposed rules. The hearing will be held September 28, 2006. Comments are due September 27, 2006. See http://legis.state.sd.us/rules/register/09112006.pdf

TEXAS

Water:

VIRGINIA

Air:

  • The Department of Environmental Quality will hold a public hearing on proposed revisions to the Virginia SIP. The proposed revision is necessary to demonstrate that the Northern Virginia eight-hour moderate ozone nonattainment area meets the reasonably available control technology requirements as set forth by the federal CAA. The hearing will be held October 6, 2006. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=7858

WYOMING

Air:

  • The Environmental Quality Council will hold a public hearing on proposed revisions to the Wyoming Air Quality Standards and Regulations. The proposal would add a new Section 4, Mercury Budget Trading Program, to Chapter 14, Emission Trading Program Regulations, to meet the State Mercury Emission Budget.  It would also add new Section 9, Best Available Retrofit Technology (BART), to Chapter 6, Permitting Requirements, to allow the state to comply with BART requirements in the 1999 federal regional haze rule.  The hearing will be held October 10, 2006.  See http://deq.state.wy.us/aqd/

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

INTERNATIONAL

AFRICAN NATIONS RATIFY MARINE MANAGEMENT PACT

Angola, Namibia, and South Africa signed an interim agreement that officially establishes the Benguela Current Commission, an institutional structure that will allow the three countries to collectively manage the Benguela Current Large Marine Ecosystem. Through the Commission, which is supported financially by the Global Environment Facility and the United Nations Development Programme, the three countries will manage transboundary environmental issues and will work together to mitigate the impacts of marine mining and oil and gas production on the marine environment. The Commission is the first of its kind in the world. See http://allafrica.com/stories/200608300537.html

EUROPEAN COMMISSION RELEASES NEW ENVIRONMENTAL PLAN FOR MEDITERRANEAN SEA

The European Commission has proposed a long-term environmental strategy for the Mediterranean Sea to address pollution from industry, shipping, and households; the loss of open areas; and the destruction of coastal ecosystems for development. The strategy also aims to encourage neighboring countries to cooperate on environmental issues, assist partner countries in developing effective institutions and policies to protect the environment, and involve nongovernmental organizations and the public in environmental decisions affecting them. See http://europe.tiscali.co.uk/index.jsp?section=Current%20Affairs&level=preview&content=511160

SOUTH PACIFIC NATIONS EXPECTED TO SIGN WHALE, DOLPHIN CONSERVATION AGREEMENT

Eleven South Pacific nations will likely sign an agreement developed under the Convention on the Conservation of Migratory Species of Wild Animals that aims to protect and conserve whale and dolphin species. The memorandum commits signatories to a range of voluntary initiatives including: conducting socially and economically important activities like fishing and tourism in an ecologically sustainable manner; reviewing, enacting, or updating laws to conserve cetaceans; implementing conservation measures where they do not already exist for vulnerable cetacean populations; and implementing an action plan to reduce threats to the mammals. See http://www.enn.com/today.html?id=11257

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

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