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Weekly Update Volume 37, Issue 12

04/23/2007

LITIGATION

AIR QUALITY, SUBSTANTIVE DUE PROCESS:

The Second Circuit upheld the dismissal of rescue, search, and cleanup workers' substantive due process complaint against federal officials for knowingly issuing false statements about air quality safety in the aftermath of the September 11, 2001, terrorist attacks of the World Trade Center. The workers did not allege that the officials acted with an evil intent to harm. Rather, they argued that the defendants acted with deliberate indifference. Yet even if the officials acted with deliberate indifference, the allegations do not shock the conscience. When agency officials decide how to reconcile competing governmental obligations in the face of disaster, only an intent to cause harm arbitrarily can shock the conscience such that a violation of substantive due process is triggered. Lombardi v. Whitman, No. 06-1077, 37 ELR 20091 (2d Cir. Apr. 19, 2007) (31 pp.).

WATER CONTAMINATION, CIVIL PROCEDURE:

The Eleventh Circuit held that a district court should have remanded to state court individuals' strict liability claims against a development company for ground and surface water contamination. The individuals initially filed their claims in Florida court, but the defendants removed the case to federal court claiming, among other things, that one of the defendants, a Florida resident, was fraudulently joined. The district court denied the individuals' motion to remand and then dismissed the Florida defendant from the lawsuit and issued a judgment in favor of the defendants. But because Florida law is unclear as to whether the defendants could, as a matter of law, be held liable for personal injury damages suffered by the individuals as a result of their exposure to environmental contaminants prior to the defendants' ownership of the contaminated land, the district court erred in concluding that the Florida defendant was fraudulently joined. Complete diversity, therefore, does not exist, and the district court lacked subject matter jurisdiction to adjudicate the cases. The individuals' motion to remand should have been granted. Florence v. Crescent Resources, LLC, Nos. 06-13587 et al., 37 ELR 20088 (11th Cir. Apr. 18, 2007) (13 pp.).

ESA, CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES:

The Court of International Trade denied environmental groups' motion to preliminarily enjoin timber companies from importing bigleaf mahogany from Peru into the United States and dismissed the groups' lawsuit. The groups alleged that by importing the tree without a valid permit, the timber companies and the U.S. government are in violation of the ESA and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). ESA §9(c) provides that if a species is not listed as an endangered or threatened species under the ESA, the species may be imported so long as the parties follow CITES procedures. Here, the bigleaf mahogany is listed in Appendix II of CITES, but it is not listed as endangered or threatened under the ESA. Hence, ESA §9(c) does not provide for an embargo on the importation of the bigleaf mahogany. Consequently, the court lacks subject matter jurisdiction over the groups' claims. Native Federation of the Madre de Dios River & Tributaries v. Bozovich Timber Products, Inc., No. 07-57, 37 ELR 20090 (Ct. Int'l Trade Apr. 16, 2007) (Eaton, J.) (10 pp.).

CERCLA, EPCRA, RCRA, ATTORNEYS FEES:

A district court awarded an environmental group attorneys fees, expert fees, and costs in connection with its underlying CERCLA and EPCRA reporting claims against a power company, but awarded the group none of the fees attributed to its RCRA claim. The group achieved substantial success on its reporting claims in comparison to the relief sought. Moreover, in light of the overall relief obtained on these claims in relation to the hours expended, the group's requested attorneys' fees were reasonable. However, the group was unsuccessful on its RCRA endangerment claim, which was unrelated to its reporting claims. Accordingly, the court separated out the time solely expended on this claim--approximately 17 percent of the total hours expended--and reduced the group's overall attorneys' fees request by 17 percent. The court, therefore, awarded the group $876,895.83 in attorneys' fees. Similarly, the court awarded no fees to the expert whose work was solely attributed to the RCRA claim but awarded the reporting claim expert's fees in full--$68,451.61. The court also awarded the group $63,788.23 in costs. Citizens Against Pollution v. Ohio Power Co., No. C2-04-CV-371, 37 ELR 20089 (S.D. Ohio Apr. 12, 2007) (Frost, J.) (9 pp.).

AIR QUALITY, COAL-FIRED POWER PLANTS:

A Pennsylvania court upheld a state environmental agency's decision to issue an air quality permit authorizing the construction of a waste-coal-fired power plant capable of generating approximately 525 megawatts of electricity. The nitrogen oxide emission limit for the plant met the lowest achievable emission rate established by federal and state law, and the agency properly determined that the plant would not cause or contribute to an increment violation of sulfur dioxide in class I areas--areas deemed worthy of special environmental protections under the CAA. The agency also provided adequate public notice of the degree of increment consumption in class I areas. In addition, the environmental hearing board, which upheld the permit, did not err in concluding that certain mitigation measures contained in the plan approval mitigated the plant's adverse impacts on visibility in class I areas. Nor did the board err in admitting the testimony of a computer modeling expert regarding visibility impacts or in concluding that certain comment letters on the plan approval were inadmissible hearsay. Groce v. Department of Environmental Protection, No. 2355 C.D. 2006, 37 ELR 20085 (Pa. Commw. Ct. Apr. 11, 2007) (Pellegrini, J.) (32 pp.) (Defense counsel included Glenn Unterberger and Brendan Collins of Ballard Spahr Andrews & Ingersoll, LLP, in Philadelphia, Pa.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, COMMERCIAL DEVELOPMENT:

A California appellate court held that a city violated the California Environmental Quality Act (CEQA) in approving new commercial development on vacant land. One of CEQA's two major purposes is to require public agencies to adopt feasible mitigation measures to lessen the environmental impacts of the projects they approve. Here, the city failed to do this when it demanded no measures to ease the project’s impact on an already-congested freeway interchange just a block away. Although the city calculated a freeway fee of the kind frequently imposed on developments in other cities, it did not impose the fee or any other mitigation measure. CEQA’s other major purpose is to inform the public and decisionmakers of the consequences of environmental decisions before those decisions are made. In this case, the city’s review process failed to inform the public because the two environmental documents the city produced—an environmental impact report and a statement of overriding considerations—were deeply flawed. An environmental impact report, as its name suggests, is meant to report the environmental impacts a project will have. The environmental impact report measured the project’s impacts by comparing it to a massive hypothetical office park, instead of comparing it to the vacant land that actually exists at the project site. And the statement of overriding considerations engaged in a serious misrepresentation. It claimed that the proposed project would have economic benefits superior to those of the three alternatives considered in the environmental impact report. In reality, the three alternatives in the report were as large as or larger than the proposed project, and the record contained no reason to think their economic benefits would be smaller. The real difference was that the proposed project included a shopping center while the alternatives had no shopping center or a smaller shopping center, but more office space. The city must repeat the environmental review process if it wants to approve the project. Woodward Park Homeowners Ass'n v. City of Fresno, No. F049481, 37 ELR 20086 (Cal. App. 5th Dist. Apr. 13, 2007) (57 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, NATIVE AMERICANS:

A California appellate court upheld the invalidation of a municipal services agreement between a Native American tribe and a city concerning the tribe's plan to build a gaming facility on land it has the option to purchase. The tribe applied to the U.S. Secretary of the Interior to take the land in trust. The city council voted to support the tribe's application, conditioned upon the adoption of the municipal services agreement, and sent a letter of support to the Secretary. The city, however, entered into the agreement without complying with the California Environmental Quality Act, thereby rendering the agreement and the city's support of the trust application invalid. Although neither the taking of lands in trust nor the development of the gaming facility require the formal approval of the city, the activities outlined in the agreement, which obligate the city to construct public works and to vacate a portion of a city road, do require its approval. These activities constitute a project within the scope of CEQA, and the municipal service agreement constitutes an approval of that project. Hence, the agreement and the city's support of the trust application of the tribe are invalid. County of Amador v. City of Plymouth, No. C050066, 37 ELR 20087 (Cal. App. 3d Dist. Apr. 17, 2007) (40 pp.).

CERTIORARI DENIAL:

The U.S. Supreme Court denied cert in United States v. Cinergy Corp., No. 06-1224, 36 ELR 20167 (7th Cir. Aug. 17, 2006). In so doing, the Court lets stand the Seventh Circuit's decision that EPA was reasonable in its interpretation that any physical change that increases annual emissions is subject to new source review even if the modifications do not increase hourly emissions. Cinergy Corp. v. United States, No. 06-850, cert. denied (U.S. Apr. 16, 2007).

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register (FR).

AIR:

  • EPA proposed amendments to NESHAPs for iron and steel foundries. 72 FR 19150 (4/17/07).
  • EPA denied a petition for reconsideration of the final rules the Agency published on April 20, 2006, entitled, "National Emission Standards for Hazardous Air Pollutants: General Provisions" (71 FR 20445). 72 FR 19385 (4/18/07).
  • SIP Approval: Nevada (definition, emergency episode, and monitoring regulations) 72 FR 19801 (4/20/07).
  • SIP Proposals: Indiana (eight-hour ozone NAAQS redesignation, ozone maintenance plan, and motor vehicle emission budgets (MVEBs); Elkhart and St. Joseph counties) 72 FR 19413 (4/18/07); (eight-hour ozone NAAQS redesignation and MVEBs; LaPorte County) 72 FR 19424 (4/18/07). Nevada (rescission requests and permits for stationary sources) 72 FR 19144 (4/17/07); Nevada (definition, emergency episode, and monitoring regulations; see above for direct final rule) 72 FR 19828 (4/20/07). Ohio (eight-hour ozone NAAQS redesignation, ozone maintenance plan, and MVEBs) 72 FR 19435 (4/18/07). Wisconsin (new source review (NSR) reform rule) 72 FR 19829 (4/20/07); (NSR reform rule) 72 FR 19834 (4/20/07).

MINING:

  • OSM removed five required amendments to Pennsylvania's regulatory program under SMCRA related to alternative reclamation plans, alternative postmining land use determinations, and bond forfeiture sites where reclamation is unreasonable, unnecessary, or impossible; OSM also approved two requested (not required) changes that clarify ambiguities and address fee collection calculations. 72 FR 19117 (4/17/07).

WILDLIFE:

  • FWS announced the availability of a draft comprehensive conservation plan and EA for the Catahoula National Wildlife Refuge in Louisiana. 72 FR 19719 (4/19/07).
  • FWS announced the availability of the final comprehensive conservation plan for the Fox River and Horicon National Wildlife Refuges located in Dodge, Fond du Lac, and Marquette counties, Wisconsin. 72 FR 19015 (4/16/07).
  • FWS announced availability of the draft revised recovery plan and draft survey protocol for the endangered Indiana bat. 72 FR 19015 (4/16/07).
  • NOAA-Fisheries proposed to list the Cook Inlet beluga whale distinct population segment as an endangered species upon completing a comprehensive status review of the whale and finding it to be in danger of extinction throughout its range. 72 FR 19854 (4/20/07).
  • NOAA-Fisheries announced temporary restrictions that apply to lobster trap/pot and anchored gillnet fishermen in an area northeast of Boston, Massachusetts, in order to protect an aggregation of northern right whales. 72 FR 19671 (4/19/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. BOC Group, Inc., No. 07-5163-FDB (W.D. Wash. Apr. 2, 2007). A settling CERCLA defendant who released hazardous substances at the Boomsnub/Airco Superfund site in Vancouver, Washington, must pay $6.65 million to the Hazardous Substances Superfund and must implement EPA's selected remedy for the site. 72 FR 19725 (4/19/07).
  • United States v. MidAmerican Energy Co., No. 07-2019 (N.D. Iowa Mar. 29, 2007). A settling CERCLA defendant who released hazardous substances at the Waterloo Coal-Gas Superfund site in Waterloo, Iowa, must pay $87,117.25 and must implement EPA's selected remedy for the site. 72 FR 19726 (4/19/07).
  • United States v. Nevada Power Co., No. 2:07-CV-417 (D. Nev. Apr. 3, 2007). A settling CAA defendant must pay a civil penalty of $1.11 million; must undertake injunctive relief tailored to prevent future opacity violations at the Reid Gardner Station located near Moapa, Nevada; must implement an environmental management plan at the station and conduct an audit to assess its compliance with its Title V permit and the CAA; and must perform a supplemental environmental project requiring the permanent retirement of a minimum of 282 tons of annual nitrogen oxide emissions from the station. 72 FR 19726 (4/19/07).
  • United States v. PennTex Resources Illinois, Inc., No. 07-0241 (S.D. Ill. Apr. 4, 2007). Settling CAA defendants must install vapor control measures to collect hydrogen sulfide from eight gathering facilities and destroy them in elevated flares to prevent the emission of hydrogen sulfide in amounts that may present an imminent and substantial endangerment to human health, welfare, or the environment from oil production facilities owned and operated by the defendants near the towns of Bridgeport and Petrolia, Illinois. 72 FR 19727 (4/19/07).

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESSNote: Citations below are to the Congressional Record (Cong. Rec.).

CHAMBER ACTION:

  • S. Res. 160 (Hot Springs National Park), which would recognize the importance of Hot Springs National Park on the 175th anniversary of the enactment of the Act that authorized the establishment of Hot Springs Reservation, was passed by the Senate. 153 Cong. Rec. S4720 (daily ed. Apr. 18, 2007).
  • H.R. 309 (landscape restoration), which would direct the Secretary of the Interior to establish a demonstration program to facilitate landscape restoration programs within certain units of the National Park System established by law to preserve and interpret resources associated with American history, was passed by the House. 153 Cong. Rec. H3414 (daily ed. Apr. 17, 2007).
  • H.R. 609 (Reclamation Wastewater Groundwater Study and Facilities Act), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Central Texas Water Recycling and Reuse Project, was passed by the House. 153 Cong. Rec. H3412 (daily ed. Apr. 17, 2007).
  • H.R. 786 (Reclamation Wastewater and Groundwater Study and Facilities Act), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Los Angeles County Water Supply Augmentation Demonstration Project, was passed by the House. 153 Cong. Rec. H3413 (daily ed. Apr. 17, 2007).
  • H.R. 865 (Copper Valley Native Allotment Resolution Act), which would grant rights-of-way for electric transmission lines over certain Native allotments in the state of Alaska, was passed by the House. 153 Cong. Rec. H3415 (daily ed. Apr. 17, 2007).
  • H.R. 886 (Wild Sky Wilderness Act of 2007), which 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, was passed by the House. 153 Cong. Rec. H3406 (daily ed. Apr. 17, 2007).
  • H.R. 1191 (Grand Canyon National Park), which would authorize the National Park Service to pay for services rendered by subcontractors under a General Services Administration Indefinite Deliver/Indefinite Quantity Contract issued for work to be completed at the Grand Canyon National Park, was passed by the House. 153 Cong. Rec. H3416 (daily ed. Apr. 17, 2007).
  • H.R. 1495 (Water Resources Development Act of 2007), which would provide for the conservation and development of water and related resources and to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, was passed by the House. 153 Cong. Rec. H3566 (daily ed. Apr. 17, 2007).
  • H. Res. 196 (World Water Day), which would support the goals and ideals of World Water Day, was passed by the House. 153 Cong. Rec. H3424 (daily ed. Apr. 17, 2007).

COMMITTEE ACTION:

  • H.R. 162 (boundary adjustment) was reported by the Committee on Natural Resources. H. Rep. No. 110-94, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). 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.
  • H.R. 249 (wildlife) was reported by the Committee on Natural Resources. H. Rep. No. 110-93, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). The bill would restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros.
  • H.R. 285 (national historic site) was reported by the Committee on Natural Resources. H. Rep. No. 110-92, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). The bill would establish the Steel Industry National Historic Site in the state of Pennsylvania.
  • H.R. 309 (landscape restoration) was reported by the Committee on Natural Resources. H. Rep. No. 110-90, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). The bill would direct the Secretary of the Interior to establish a demonstration program to facilitate landscape restoration programs within certain units of the National Park System established by law to preserve and interpret resources associated with American history.
  • H.R. 319 (national heritage area) was reported by the Committee on Natural Resources. H. Rep. No. 110-95, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). The bill would establish the Journey Through Hallowed Ground National Heritage Area.
  • H.R. 865 (rights-of-way) was reported by the Committee on Natural Resources. H. Rep. No. 110-91, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). The bill would grant rights-of-way for electric transmission lines over certain Native allotments in the state of Alaska.
  • H.R. 886 (wilderness) was reported by the Committee on Natural Resources. H. Rep. No. 110-89, 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). 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.
  • H. Res. 319 (water) was reported by the Committee on Rules. H. Rep. No. 110-110, 153 Cong. Rec. H3559 (daily ed. Apr. 18, 2007). The resolution would provide for consideration of H.R. 1495 to provide for the conservation and development of water and related resources and to authorize the Secretary of the Army to construct various projects for improvements to U.S. rivers and harbors.

BILLS INTRODUCED:

  • S. 1110 (Hatch, R-Utah) (reclamation) would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to provide for the conjunctive use of surface and ground water in Juab County, Utah. 153 Cong. Rec. S4477 (daily ed. Apr. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1112 (Feinstein, D-Cal.) (water districts) would allow for the renegotiation of the payment schedule of contracts between the Secretary of the Interior and the Redwood Valley County Water District. 153 Cong. Rec. S4477 (daily ed. Apr. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1115 (Bingaman, D-N.M.) (energy) would promote the efficient use of oil, natural gas, and electricity, reduce oil consumption, and heighten energy efficiency standards for consumer products and industrial equipment. 153 Cong. Rec. S4478 (daily ed. Apr. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1116 (Salazar, D-Colo.) (irrigation) would facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources. 153 Cong. Rec. S4478 (daily ed. Apr. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1118 (Dorgan, D-N.D.) (fuel economy) would improve the energy security of the United States by raising average fuel economy standards. 153 Cong. Rec. S4478 (daily ed. Apr. 16, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 1126 (Lott, R-Miss.) (FWPCA) would amend the FWPCA to expand and strengthen cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems of the Gulf of Mexico. 153 Cong. Rec. S4599 (daily ed. Apr. 17, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1131 (Collins, R-Me.) (open space) would amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to states and nonprofit organizations to preserve suburban forest land and open space and contain suburban sprawl. 153 Cong. Rec. S4600 (daily ed. Apr. 17, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1139 (Bingaman, D-N.M.) (national landscape) would establish the National Landscape Conservation System. 153 Cong. Rec. S4675 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1142 (Gregg, R-N.H.) (coastal resources) would authorize the acquisition of interests in undeveloped coastal areas in order better to ensure their protection from development. 153 Cong. Rec. S4675 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 1143 (Nelson, D-Fl.) (national landscape) would designate the Jupiter Inlet Lighthouse and the surrounding federal land in the state of Florida as an Outstanding Natural Area and as a unit of the National Landscape System. 153 Cong. Rec. S4675 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1151 (Obama, D-Ill.) (energy efficiency) would provide incentives to the auto industry to accelerate efforts to develop more energy-efficient vehicles to lessen dependence on oil. 153 Cong. Rec. S4675 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Finance.
  • S. 1152 (Cantwell, D-Wash.) (wildlands) would promote wildland firefighter safety. 153 Cong. Rec. S4675 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1158 (Inhofe, R-Okla.) (CAA) would amend the CAA to increase the use of renewable and alternative fuel. 153 Cong. Rec. S4750 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1165 (Cardin, D-Md.) (environmental design) would require federal buildings to be designed, constructed, and certified to meet, at a minimum, the Leadership in Energy and Environmental Design green building rating standard identified as silver by the U.S. Green Building Council. 153 Cong. Rec. S4750 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1168 (Alexander, R-Tenn.) (CAA) would amend the CAA to establish a regulatory program for sulfur dioxide, nitrogen oxides, mercury, and carbon dioxide emissions from the electric generating sector. 153 Cong. Rec. S4750 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1170 (Durbin, D-Ill.) (wilderness) would designate as wilderness certain federal portions of the red rock canyons of the Colorado Plateau and the Basin and Range Deserts in the state of Utah. 153 Cong. Rec. S4750 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1171 (Bingaman, D-N.M.) (water reclamation) would amend the Colorado River Storage Project Act and Public Law 87-483 to authorize the construction and rehabilitation of water infrastructure in Northwestern New Mexico, to authorize the use of the reclamation fund to fund the Reclamation Water Settlements Fund, to authorize the conveyance of certain Reclamation land and infrastructure, and to authorize the Commissioner of Reclamation to provide for the delivery of water. 153 Cong. Rec. S4750 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1174 (Cardin, D-Md.) (Natural Gas Act) would amend the Natural Gas Act to modify a provision relating to the siting, construction, expansion, and operation of liquefied natural gas terminals. 153 Cong. Rec. S4751 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 1882 (Everett, R-Ala.) (crop insurance) would amend the Internal Revenue Code of 1986 to authorize agricultural producers to establish and contribute to tax-exempt farm risk management accounts in lieu of obtaining federally subsidized crop insurance or noninsured crop assistance, to provide for contributions to such accounts by the Secretary of Agriculture, to specify the situations in which amounts may be paid to producers from such accounts, and to limit the total amount of such distributions to a producer during a taxable year. 153 Cong. Rec. H3473 (daily ed. Apr. 17, 2007). The bill was referred to the Committee on Ways and Means and the Committee on Agriculture.
  • H.R. 1885 (Grijalva, D-Ariz.) (national heritage area) would establish the Santa Cruz Valley National Heritage Area in the state of Arizona. 153 Cong. Rec. H3474 (daily ed. Apr. 17, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1887 (Hinchey, D-N.Y.) (Superfund) would amend the Internal Revenue Code of 1986 to extend the financing for Superfund for purposes of cleanup activities with respect to those Superfund sites for which removal and remedial action is estimated to cost more than $50 million. 153 Cong. Rec. H3474 (daily ed. Apr. 17, 2007). The bill was referred to the Committees on Ways and Means, Energy and Commerce, and Transportation and Infrastructure.
  • H.R. 1893 (Lowey, D-N.Y.) (Federal Hazardous Substances Act) would amend the Federal Hazardous Substances Act to require the inclusion of warning labels on Internet and catalogue advertising of certain toys and games. 153 Cong. Rec. H3474 (daily ed. Apr. 17, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1904 (Wilson, R-N.M.) (water) would provide assistance to the state of New Mexico for the development of comprehensive state water plans. 153 Cong. Rec. H3475 (daily ed. Apr. 17, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1907 (Saxton, R-N.J.) (coastal resources) would authorize the acquisition of land and interests in land from willing sellers to improve the conservation of, and to enhance the ecological values and functions of, coastal and estuarine areas to benefit both the environment and the economies of coastal communities. 153 Cong. Rec. H3559 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1913 (Brown, R-S.C.) (wildlife) would assist in the conservation of great cats by supporting and providing financial resources for the conservation programs of nations within the range of great cats and projects of persons with demonstrated expertise in the conservation of great cats. 153 Cong. Rec. H3559 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1917 (Herger, R-Cal.) (ESA) would amend the ESA to enable federal agencies responsible for the preservation of threatened species and endangered species to rescue and relocate members of any of those species that would be taken in the course of certain reconstruction, maintenance, or repair of federal or non-federal manmade flood control levees. 153 Cong. Rec. H3560 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1918 (Herger, R-Cal.) (National Forest System) would amend the Forest Service use and occupancy permit program to restore the authority of the Secretary of Agriculture to utilize the special use permit fees collected by the Secretary in connection with the establishment and operation of marinas in units of the National Forest System derived from the public domain. 153 Cong. Rec. H3560 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Agriculture and the Committee on Natural Resources.
  • H.R. 1919 (Hinchey, D-N.Y.) (wilderness) would designate as wilderness certain federal portions of the red rock canyons of the Colorado Plateau and the Basin and Range Deserts in Utah. 153 Cong. Rec. H3560 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1920 (Inslee, D-Wash.) (energy efficiency) would provide incentives to the auto industry to accelerate efforts to develop more energy-efficient vehicles to lessen dependence on oil. 153 Cong. Rec. H3560 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Ways and Means and the Committee on Energy and Commerce.
  • H.R. 1922 (Mahoney, D-Fl.) (national landscape) would designate the Jupiter Inlet Lighthouse and the surrounding federal land in the state of Florida as an Outstanding Natural Area and as a unit of the National Landscape System. 53 Cong. Rec. H3560 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Natural Resources and the Committee on Transportation and Infrastructure.
  • H.R. 1933 (Udall, D-Colo.) (Energy Policy Act) would amend the Energy Policy Act of 2005 to reauthorize and improve DOE's carbon capture and storage research, development, and demonstration program. 153 Cong. Rec. H3560 (daily ed. Apr. 18, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1945 (Shays, R-Conn.) (energy efficiency) would improve the energy efficiency of the United States. 153 Cong. Rec. H3693 (daily ed. Apr. 19, 2007). The bill was referred to the Committees on Energy and Commerce, Ways and Means, Natural Resources, Transportation and Infrastructure, and Science and Technology.
  • H.R. 1946 (Bonner, R-Ala.) (Native Americans) would extend federal recognition to the Mowa Band of Choctaw Indians of Alabama. 153 Cong. Rec. H3693 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1947 (Boyda, D-Kan.) (wildlife) would promote public safety and improve the welfare of captive big cats. 153 Cong. Rec. H3693 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 1949 (Courtney, D-Conn.) (national heritage area) 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. 153 Cong. Rec. H3693 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1954 (Grijalva, D-Ariz.) (Native Americans) would amend the Internal Revenue Code of 1986 to allow Indian tribal governments to transfer the credit for electricity produced from renewable resources. 153 Cong. Rec. H3694 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1959 (Lewis, R-Ky.) (water) would amend the Internal Revenue Code of 1986 to permit interest on federally guaranteed water, wastewater, and essential community facilities loans to be tax exempt. 153 Cong. Rec. H3694 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1961 (Markey, D-Mass.) (climate change) would address security risks posed by global climate change. 153 Cong. Rec. H3694 (daily ed. Apr. 19, 2007). The bill was referred to the Committees on Intelligence, Armed Services, and Foreign Affairs.
  • H.R. 1963 (Musgrave, R-Colo.) (National Park System) would establish the Granada Relocation Center National Historic Site as an affiliated unit of the National Park System. 153 Cong. Rec. H3694 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1965 (Pomeroy, D-N.D.) (renewable energy) would amend the Internal Revenue Code of 1986 to modify the credit to holders of clean renewable energy bonds. 153 Cong. Rec. H3694 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1970 (Udall, D-N.M.) (water reclamation) would amend the Colorado River Storage Project Act and Public Law 87-483 to authorize the construction and rehabilitation of water infrastructure in Northwestern New Mexico, to authorize the use of the reclamation fund to fund the Reclamation Water Settlements Fund, to authorize the conveyance of certain Reclamation land and infrastructure, and to authorize the Commissioner of Reclamation to provide for the delivery of water. 153 Cong. Rec. H3694 (daily ed. Apr. 19, 2007). The bill was referred to the Committee on Natural Resources.

Copyright© 2007, 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 2007, 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 2007, visit the ELR Archives.

The states below have updates this week:

Alabama California Idaho Maryland New York Utah Alaska Colorado Illinois Massachusetts North Carolina Washington Arkansas Georgia Louisiana Missouri Ohio Wisconsin

ALABAMA

Water:

ALASKA

General:

ARKANSAS

Water:

  • The Pollution Control and Ecology Commission will hold a public hearing to receive comments on proposed changes to Commission Regulation No. 6, the NPDES program. Proposed significant changes to the regulation include addition of language to clarify the requirement that wastewater treatment plant construction and discharge applications to the Arkansas Department of Environmental Quality must include an approval letter from the Arkansas Department of Health and Human Services, and addition of language limiting the amount of total phosphorus that can be discharged to the Ouachita River from a joint pipeline project in Union County. The hearing will be held May 14, 2007. See http://www.adeq.state.ar.us/poa/pa/news.asp

CALIFORNIA

Toxic Substances:

  • The Department of Health Services is soliciting public comments on proposed changes to Title 17, California Code of Regulations, Section 35001 et seq., regarding lead paint activities. Proposed changes include the adoption of a standard for lead-safe work practices and changes in educational requirements for sampling technicians. Comments are due June 5, 2007. See http://www.oal.ca.gov/pdfs/notice/15z-2007.pdf (pp. 632-634)

COLORADO

Air:

  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to modify the requirements for delegating program authority to units of local government and to increase the requirements for larger instructional and training type fires. The hearing will be held June 21, 2007. Comments are due June 7, 2007. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Noticereg1and9June.pdf

GEORGIA

Air:

  • The Environmental Protection Division of the Department of Natural Resources will hold a public hearing to consider a series of proposed amendments to Georgia’s Rules for Air Quality Control, Chapter 391-3-1. The proposed amendments include revisions to: Rule 391-3-1-.01, Definitions, Procedures for Testing and Monitoring Sources of Air Pollutants, to include the most recent revision of the testing and monitoring procedures; Rule 391-3-1-.02(14), Clean Air Mercury Annual Trading Program, to adopt and implement U.S. EPA’s Clean Air Mercury Rule to address interstate transport of mercury emissions from coal-fired electric generating units; Rule 391-3-1-.02(15), Georgia Mercury Trading Rule, to implement an intrastate trading program for mercury emissions from coal-fired electric generating units; Rule 391-3-1-.02(2)(sss), Multipollutant Control for Electric Utility Steam Generating Units, to specify the implementation of specific air pollution control equipment for mercury, sulfur dioxide, and nitrogen oxides emissions from coal-fired electric generating units; and Rule 391-3-1-.02(2)(ttt), Mercury Emissions from New Electric Generating Units, to require the case-by-case review of mercury control technology for new coal-fired electric generating units. For draft rules, see http://www.gaepd.org/environet/1/20070413_Amendments_CAMR.pdf. The hearing will be held May 15, 2007. Comments are due May 29, 2007. See http://www.gaepd.org/environet/1/

IDAHO

Water:

  • The Department of Environmental Quality will conduct a public hearing to consider the incorporation by reference of the federal Stage 2 Disinfectants and Disinfection Byproducts Rules and Long Term 2 Enhanced Surface Water Treatment Rule. As a state that has primacy for administering the SDWA, Idaho must adopt these rules within two years of promulgation. Because the special primacy requirements are the only part of these regulations that allow the states interpretive discretion, the scope of this negotiated rulemaking is limited to the special primacy requirements and how those requirements should be applied in Idaho. The hearing will be held April 24, 2007. For draft rule, see http://www.deq.idaho.gov/rules/drinking_water/58_0108_0701_negotiated.cfm

ILLINOIS

Fisheries:

  • The Department of Natural Resources is soliciting public comment on proposed amendments to 17 Ill. Adm. Code 830, Commercial Fishing and Musseling in Certain Waters of the State. Proposed amendments would add language to clarify definitions regulations, water areas, and species that may be taken and size limits; add a new Section of Special Regulations for the Commercial Harvest of Roe-Bearing Species; and add regulations for monthly records submitted to the Department. Comments are due May 28. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue15.pdf (pp. 5737-5750)

LOUISIANA

Hazardous and Solid Waste:

  • The Department of Environmental Quality has amended the Environmental Quality regulations, LAC 33:I:3931; V.3099; IX.2301, 4901, and 4903; and XV.1517. These changes incorporate by reference federal hazardous waste regulations. See http://www.doa.louisiana.gov/osr/reg/0704/0704rul.pdf (pp. 640-641)

Toxic Substances:

  • The Commissioner of Agriculture and Forestry has adopted emergency rules LAC 7:XXIII.143, Restrictions on Applications of Certain Pesticides, to implement regulations governing the use of the pesticide 2,4-D. This rule became effective on April 4, 2007. See http://www.doa.louisiana.gov/osr/reg/0704/0704emr.pdf (pp. 623-634).
  • The Department of Environmental Quality has amended the lead-based paint regulations, LAC 33:III.2805, 2807, 2809, 2811, and 2813. See http://www.doa.louisiana.gov/osr/reg/0704/0704rul.pdf (pp. 642-644)

MARYLAND

Air:

  • The Maryland Department of the Environment will hold a public hearing concerning proposed amendments to air quality regulations and the Maryland SIP. The proposed changes to the SIP would reflect the addition of a new Mirant-Chalk Point electric generating station consent decree and the removal of the 1978 and 1979 consent orders that are now null and void. Proposed changes to the air quality regulations include an amendment to Regulation .07 under COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound Storage and Handling, to add more stringent requirements to Maryland’s regulation governing fuel containers by establishing new performance standards, labeling, and testing requirements and expand the definition of portable fuel containers to include kerosene containers not included in the original regulation; new Regulations .01 - .06 under a new chapter, COMAR 26.11.27, Emission Limitations for Power Plants, to implement the requirements of the Healthy Air Act (Ch. 23, Acts of 2006), which establishes emission limitations and related requirements for oxides of nitrogen, sulfur dioxide, and mercury; and an amendment to COMAR 26.11.32, Control of Emissions of Volatile Organic Compounds from Consumer Products, to incorporate requirements of the Ozone Transport Commission model rule for consumer products. The hearing will be held April 23, 2007. See http://www.mde.state.md.us/AboutMDE/reqcomments.asp

Wildlife:

  • The Secretary of Natural Resources proposes to amend Regulation .02 under COMAR 08.02.06, Terrapin and Snapping Turtles. This action repeals the sections of the regulation relating to size, season, pet possession, and commercial harvest permits. This action also creates new language that prohibits the catch, sale, purchase, and possession of diamondback terrapins with an exception for individuals with scientific and educational collection certificates and aquaculture permits. In addition, this action creates a process for a person who currently legally possesses diamondback terrapins as pets to register them with the Department by August 1, 2007, in order to keep them as pets. A public hearing will be held April 25, 2007. Comments are due May 14, 2007. See http://www.dsd.state.md.us/mdregister/3408/main_register.htm

MASSACHUSETTS

Toxic Substances:

  • The Department of Environmental Protection will hold public hearings on proposed amendments to 310 CMR 40.0000, 310 CMR 7.15, and 310 CMR 19.000. The proposed amendments are intended to clarify and streamline requirements for assessment and cleanup of asbestos that has been released to the environment. Hearings will be held May 7-16. Comments are due June 1, 2007. See http://www.mass.gov/dep/public/aisphn.htm

MISSOURI

Wildlife:

  • The Missouri Air Conservation Commission has adopted amendments to 10 CSR 10-6, Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri. Specifically, the amendments concern 10 CSR 10-6.350, Emission Limitations and Emissions Trading of Oxides of Nitrogen (NOx); 10 CSR 10-6.360, Control of NOx Emissions From Electric Generating Units and Non-Electric Generating Boilers; 10 CSR 10-6.362, Clean Air Interstate Rule Annual NOx Trading Program; 10 CSR 10-6.364, Clean Air Interstate Rule Seasonal NOx Trading Program; 10 CSR 10-6.366, Clean Air Interstate Rule Sulfur Dioxide Trading Program; and 10 CSR 10-6.368, Control of Mercury Emissions from Electric Generating Units. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n8/v32n8.pdf (pp. 644-663)

NEW YORK

Air Quality

  • The Department of Environmental Conservation will hold a public hearing on a revision to its SIP. The revision clarifies the commitments identified in its November 15, 1992, carbon monoxide attainment demonstration for the New York Metropolitan Area. The hearing will be held May 23, 2007. See http://www.dec.state.ny.us/website/enb2007/20070418/not0.html

Hazardous and Solid Waste:

  • The Department of Environmental Conservation has adopted amendments to regulations on Used Oil Management. This rulemaking updates used oil regulations to implement amendments (Ch. 152, Laws of 1995) to Title 23 of Article 23 of the Environmental Conservation Law (ECL) and to implement provisions derived from the federal used oil regulations, 40 CFR pt. 279, that either had not been adopted previously or that had been added to federal regulations since the Department's previous used oil rulemaking. The rulemaking also restructures the regulation so that management standards for all used oil facility types will be in Subpart 374-2. New Subpart 374-2 also includes all substantive requirements necessitated by Title 23 of Article 23 of the ECL, including amendments to the statute that were added since the last revision of the used oil regulations. New Subpart 360-14 will cover only requirements relating to Part 360 permitting of facilities. Revised Subpart 360-1 will update the reference to federal RCRA-based regulations, including 40 CFR 279. Subpart 360-1 will also be revised to update its applicability. 6 NYCRR Appendix 26 and the reference to this Appendix in paragraph 372.1(e)(8) are deleted as they are out of date. The amendment becomes effective May 12, 2006. See http://www.dec.state.ny.us/website/dshm/hzwstman/usedoil.html

NORTH CAROLINA

Toxic Substances

  • The Environmental Management Commission will hold public hearings on amendments to the rules cited as 15A NCAC 02S .0101 - .0102, and repeal the rule cited as 15A NCAC 02S .0401. The proposed rules address requirements specified in the Dry-Cleaning Solvent Cleanup Act of 1997. The hearings will be held May 1 and 3, 2007. See http://www.ncoah.com/rules/register/Volume21Issue20April162007-2.pdf (pp. 1817-1824)

Water

  • The Environmental Management Commission will hold public hearings on proposed amendments to rules cited as 15A NCAC 02B .0303 - .0305, .0307, .0309 - .0313, and .0316 - .0317. The proposed changes will reclassify 33 wetlands in 11 North Carolina river basins to add the supplemental Unique Wetlands (UWL) classification. If adopted, these UWL reclassification proposals would offer additional protection to approximately 3,800 acres of high quality natural wetland communities in state, federal, and land trust property that support rare species. State wetland rules at 15A NCAC 02H .0500 allow impacts to Class UWL wetlands for proposed projects that meet a public need and require impacts from these projects to be directed to the same watershed and same wetland type to maintain the use of these wetlands by rare species. Proposed amendments would become effective November 1, 2007. Hearings will be held May 15 and 23, 2007. See http://www.ncoah.com/rules/register/Volume21Issue20April162007-2.pdf (pp. 1803-1811)

OHIO

Air:

  • The Ohio Environmental Protection Agency, Division of Air Pollution Control, will hold a public hearing on the proposed addition of rules in chapter 3745-109 of the OAC. The proposed rules have been developed to comply with the requirements of U.S. EPA's Clean Air Interstate Rule requiring reduction in air emissions of nitrogen oxides and sulfur dioxides. The hearing will be held May 17, 2007. Comments are due May 17, 2007. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_36250_20070409_0807.pdf

UTAH

Water:

  • The Department of Environmental Quality, Division of Drinking Water, will hold a public hearing on the proposed amendment to Rule R309-100. This proposed rule change would update rule references and the exemption language, and would incorporate the Drinking Water Board's desire that new public drinking water systems created to serve new residential subdivisions be sponsored by a body politic or political subdivision of the state. The hearing will be May 11, 2007. See http://www.rules.utah.gov/publicat/bull_pdf/2007/b20070415.pdf (p. 1)

Wildlife:

WASHINGTON

Fisheries:

  • The Department of Fish and Wildlife has adopted an emergency rule to allow fishing in the Columbia River while protecting salmon listed as threatened or endangered under the ESA. This rulemaking implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries. The rule repeals WAC 220-33-01000E and 220-33-01000F and amends WAC 220-33-010. This rule became effective March 22, 2007. See http://www.leg.wa.gov/documents/wsr/2007/08/07-08-009.htm

Hazardous and Solid Waste:

  • The Department of Ecology will hold public hearings on proposed amendments to Chapter 173-340 WAC, the Model Toxics Control Act cleanup regulation. The rule revisions are intended to update and clarify the policies and procedures for establishing and evaluating compliance with cleanup levels and remediation levels for mixtures of polychlorinated dibenzo-p-dioxins/polychlorinated dibenzofurans (dioxins/furans), polycyclic aromatic hydrocarbons (PAHs) and polychlorinated biphenyls (PCBs). Hearings will be held May 10 and 17, 2007. See http://www.leg.wa.gov/documents/wsr/2007/08/07-08-100.htm

General:

  • The Department of Natural Resources has adopted amendments to the department's State Environmental Policy Act (SEPA) policies and procedures (Chapter 332-41 WAC). The changes are intended to clarify language, update references to recodified rules and statutes, write rules to help meet the governor's plain talk initiative, and remove redundancies between the Department of Ecology's SEPA rules (Chapter 197-11 WAC and 43.21C RCW). Changes will become effective April 27, 2007. See http://www.leg.wa.gov/documents/wsr/2007/08/07-08-021.htm

WISCONSIN

Air:

  • The Department of Natural Resources will hold public hearings on proposed revisions to NR 446, the state’s mercury rule. The proposed changes would allow the Department to implement the federal Clean Air Mercury Rule (CAMR) in Wisconsin and require each utility with coal-fired electrical generating units affected by the CAMR to meet an annual mercury emission cap. Compliance with the CAMR would require each Wisconsin utility with affected coal-fired power plants to meet an annual mercury emission cap without participating in U.S. EPA’s national trading program. The proposed changes also provide that rules to achieve a 90 percent mercury reduction at all coal-fired power plants would be adopted by June 30, 2010. Incentives would also be developed to encourage early achievement of the 90 percent reduction. Gov. Jim Doyle directed the agency to reach a 90 percent reduction by 2020. Hearings will be held May 15, 17, 22, 23, and 24, 2007. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Fisheries:

  • The Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FH-22-07(E), which revises chs. NR 19 and 20, Wis. Adm. Code, pertaining to control of fish diseases and invasive species. The rule: (1) prohibits the possession on the water and use of live fish, fish eggs, crayfish, or frogs from outside Wisconsin, except minnows imported in compliance with the USDA Animal and Plant Health Inspection Service and Wisconsin Department of Agriculture, Trade and Consumer Protection import and health requirements; (2) prohibits the possession on the water and use of dead bait, except used on Lake Michigan or on the water the bait originated from, or when preserved in a way that would kill VHS virus; (3) prohibits the transportation of live fish or fish eggs from waters of the Great Lakes or the Mississippi River drainage except in specified circumstances; (4) requires all boaters to drain water from bilges, ballast, buckets, and live wells immediately after leaving waters of the Great Lakes or of the Mississippi River drainage, unless exempted in writing by the Department; (5) and allows the Department to deny permits for the use of non-standard minnow gear to prevent the spread of invasive species or diseases. Meetings will be held May 3, 10, and 17, 2007. Comments are due May 28, 2007. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

KENYA CONSIDERS REPEALING BAN ON GAME HUNTING

A recommendation to lift the ban on sport hunting in Kenya has divided the nation's politicians, conservationists, and locals. Supporters of the proposal, which is included in the latest draft of Kenya's revised wildlife policy, argue that management for game purposes will improve conservation and increase tourism revenue. Many opponents contend that the measure would concentrate tourism income in the hands of wealthy landowners; others oppose sport hunting on principle. The charismatic large game animals that attract foreigners to Kenya's parks and reserves have declined by at least two-thirds in recent decades due to poaching and habitat destruction. See http://www.reuters.com/article/environmentNews/idUSWAL93473020070419

AUSTRALIAN PRIME MINISTER PROPOSES IRRIGATION BAN

Australian Prime Minister John Howard announced that the government would ban agricultural irrigation for one year in the Murray-Darling River basin unless significant rainfall occurs in the next six to eight weeks.  Forty-one percent of Australia's agriculture is located in the Murray-Darling basin, which already is experiencing widespread crop failure due to the most severe drought on record.  Prime Minister Howard indicated that water from the river would be reserved for "critical urban supplies" and domestic use in the basin. See http://news.bbc.co.uk/2/hi/asia-pacific/6570589.stm

BRUNEI ISSUES MORATORIUM ON COMMERCIAL FISHING

Brunei has announced that it will ban commercial fishing in waters within three nautical miles of the island's coast until fish stocks reach sustainable levels. Fish populations in coastal waters are in steep decline, having dropped 43 percent between 1980 and 2000. The people of Brunei, an island of Borneo, consume on average 45 pounds of fish per capita, a rate that is among the highest in Southeast Asia. This moratorium goes into effect in 2008. See http://www.enn.com/today.html?id=12570

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

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