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Weekly Update Volume 41, Issue 29

10/17/2011

LITIGATION 

AIR, CAA, APA:

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission standards for boilers and commercial and industrial solid waste incineration units. EPA argued that the court lacked jurisdiction over the group's complaint because the CAA vests exclusive jurisdiction in the court of appeals. But in issuing the delay notice, EPA acted under the APA rather the CAA because the APA's administrative stay provision gave EPA more flexibility. Because district courts have subject matter jurisdiction in matters arising under the APA, and because EPA's delay notice was issued under the APA, the court has jurisdiction over the group's complaint. Sierra Club v. Jackson, No. 11-1278 (PLF), 41 ELR 20311 (D.D.C. Sept. 27, 2011) (Friedman, J.).


LAND USE, NATIONAL FORESTS:

The Ninth Circuit reversed a lower court decision invalidating the U.S. Forest Service's 2007 travel management plan for parts of the Lewis and Clark National Forest. Nothing in the Montana Wilderness Study Act of 1977, which requires the Service to manage a wilderness study area so as to "maintain" its wilderness character as it existed in 1977, prohibits the Service from exercising its discretion to enhance the wilderness character of a study area. Nor does NEPA require the Service to prepare a supplemental draft EIS where, as here, the final decision makes only minor changes and is qualitatively within the spectrum of the alternatives discussed in the draft EIS. Because the travel plan conforms to the Study Act and NEPA, the lower court's decision was reversed. Russell County Sportsmen v. United States Forest Service, Nos. 10-35623, -35784, 41 ELR 20314 (9th Cir. Oct. 12, 2011).


HAZARDOUS & SOLID WASTE, RCRA, CWA:

The Third Circuit vacated a lower court decision dismissing, on grounds of abstention, environmental groups' RCRA and CWA citizens suit in which they sought an injunction requiring the current and prior owners of a contaminated site to remediate contaminated sediments in the Raritan River. The groups' suit does not amount to a "collateral attack" on a state agency decision, nor does it seek a remedy that necessarily conflicts with any agency order. Accordingly, this is not one of those exceptional cases that calls for primary jurisdiction abstention. Nor does the Burford doctrine call for abstention in this case. The groups cannot obtain adequate and timely state court review of its claims since New Jersey's Environmental Rights Act does not authorize a state court action to enforce rights under RCRA and the CWA. Raritan Baykeeper v. NL Industries, Inc., No. 10-2591, 41 ELR 20308 (3d Cir. Oct. 2, 2011).


PROPERTY LAW, CONTRACTS:

The Seventh Circuit held that a landowner who sold a large parcel of floodplain property to a conservation group may not ask a local drainage district to indemnify him for damages he incurred in an underlying breach of warranty suit stemming from petroleum contamination on the property. The landowner expressly warranted in the sales contract that there was no petroleum contamination on the land, but petroleum was later discovered. The group filed suit against the landowner, and he was found liable for breach of warranty. The landowner then filed suit against the local drainage district because, he argued, the drainage district negligently maintained a fuel-powered excess water pump on the site. But a "blameless" contract breaker cannot invoke noncontractual indemnity to shift the risk that he assumed in the contract. The landowner could have protected himself against the district's negligence by a subrogation clause in its contract with the conservation group, but he failed to do so. Wilder Corp. of Delaware v. Thompson Drainage & Levee District, No. 11-1185, 41 ELR 20310 (7th Cir. Sept. 27, 2011).


WATER, CWA, APA:

A district court held that EPA's Multi-Criteria Integrated Resource (MCIR) Assessment and Enhanced Coordination (EC) Process, adopted to screen mountaintop mining permits, violates the CWA and the APA. The MCIR Assessment involves EPA applying the CWA §404(b)(1) guidelines and directing the Corps on which permit applications must go through the EC Process for further review and coordination. The court ruled that in adopting the MCIR Assessment and the EC Process, EPA expanded its role in the issuance of §404 permits, thereby exceeding the statutory authority afforded to it by the CWA. Congress established a permitting scheme in which the Corps is to be the principal player and EPA is to play a lesser, clearly defined supporting role. Yet the Corps was not involved in developing the MCIR Assessment, despite its statutory role as the permitting authority. In addition, the MCIR Assessment and the EC Process are legislative rules. The MCIR Assessment had a present, binding effect on the agencies and the permit applicants, and the EC Process imposes unequivocal requirements and reflects an obvious change in the permitting process. Accordingly, they should not have been established absent the notice-and-comment process required by the APA. National Mining Ass'n v. Jackson, Nos. 10-1220 et al., 41 ELR 20317 (D.D.C. Oct. 6, 2011) (Walton, J.).


HAZARDOUS & SOLID WASTE, RCRA:

A district court held that a property owner may go forward with its RCRA claims against a former tenant that stored toluene in a building on the site. The owner demolished all but the basement floor of the building. High concentrations of methane gas exist under the building due to degrading toluene in the soil, and the owner argued that when it fractures the floor, the methane will present an imminent and substantial endangerment to health or the environment. Because the owner offered evidence that the high levels of methane could asphyxiate workers and cause an explosion, it presented sufficient evidence to create a genuine issue of material fact as to its "imminent and substantial endangerment" claim. The owner also created a material issue of genuine fact regarding the tenant's contribution to the alleged contamination. In addition, the tenant's "bare assertions" of toluene use by other prior owners and tenants were insufficient to satisfy its burden of demonstrating the divisibility of the harm. The tenant's motion for partial summary judgment was therefore denied. Newark Group, Inc. v. Dopaco, Inc., No. 2:08-cv-02623, 41 ELR 20315 (E.D. Cal. Sept. 26, 2011) (Burrell Jr., J.).


TORTS, DEEPWATER HORIZON:

A district court granted in part and denied in part motions to dismiss various individuals' personal injury claims stemming from their exposure to oil and dispersants following the Deepwater Horizon disaster. The individuals filed suit against oil drillers, cleanup responders, and a dispersant manufacturer. The responders and the manufacturer argued that the claims against them should be dismissed because the federal government authorized and directed the use of the dispersants and that they are therefore entitled to derivative immunity. The defendants, however, did not receive government approval to use the dispersant. Rather, the allegations infer that an oil company was in control of response actions. The court, therefore, denied the defendants' motion to dismiss on this ground. But the court dismissed the individuals' state law claims because they are preempted by maritime law. And while the plaintiffs adequately stated claims for negligence, gross negligence, and product liability under maritime law, the court dismissed their battery and nuisance claims. In addition, medical monitoring costs are available as a form of damages under maritime law, but only non-seaman plaintiffs may seek punitive damages. In re Oil Spill by the Oil Rig "Deepwater Horizon", MDL No. 2179, 41 ELR 20313 (E.D. La. Sept. 30, 2011) (Barbier, J.).


HAZARDOUS & SOLID WASTE, CONTINUING TORTS:

A district court held that an oil company cannot be held liable for punitive damages in a property owner's case against it for soil and groundwater contamination. The company operated oil and gas wells on the property, and it stored hazardous and toxic materials produced from the wells in an unlined pit. A state statute that was enacted in 1984 and repealed in 1993 allowed plaintiffs to collect punitive damages if their injuries were caused by a defendant's wanton or reckless disregard for public safety in the storage and handling of hazardous substances. Here, the company stopped operating all but one of its wells in 1977 and did not begin operating the remaining well until after 2006. In addition, the company ceased using the pit in 1973, and the pit was closed in 1989. Because the property owner failed to present evidence that the company conducted oil or gas operations on the property while the statute was in effect, it is not entitled to punitive damages. The court rejected the owner's argument that the company's placement of hazardous and toxic substances in the pit was a continuous tort until the pit was closed in 1989. Prior case law provides that the tort terminated when the company stopped disposing of materials into the pit in 1973. The company's failure to close the pit, therefore, is not a continuing tort. The court therefore granted the company's motion for summary judgment on the issue of punitive damages. Sweet Lake Land & Oil Co. v. Exxon Mobil Corp., No. 2:09 CV1100, 41 ELR 20316 (W. D. La. Sept. 29, 2011) (Kay, M.J.).


WETLANDS, STANDING:

Maryland's highest court held that an environmental group has standing to challenge the state environmental agency's issuance of a non-tidal wetlands permit for a development project. The permit allows a town to construct a road extension and stream crossing in order to provide primary access into the development. The group argued that the town failed to demonstrate that the proposed road extension and stream crossing had no practicable alternative that would avoid or result in less adverse impact on nontidal wetlands. But the circuit court held that the group lacked standing. The group then petitioned the state's highest court for a writ of certiorari on the issue. It held that the group does have standing to initiate a judicial review action because one of its members had alleged sufficient harm to his aesthetic, recreational, and economic interests in connection with the issuance of the permit at issue. Accordingly, the motions to dismiss for lack of standing should not have been granted. Patuxent Riverkeeper v. Maryland Department of the Environment, No. 139, 41 ELR 20312 (Md. Sept. 30, 2011).


LAND USE, COASTAL DEVELOPMENT:

A California appellate court held that the California Coastal Commission has appellate jurisdiction over a coastal development subdivision project. A county's approval of a "principal permitted use" development within a coastal zone is not appealable to the Commission. But when the development project also requires approval of a subdivision, the Commission does have appellate jurisdiction. Here, property owners applied to the county for a permit that would allow them to subdivide their parcels into five parcels for a motel and four townhouses. Because the project requires approval for a subdivision, the Commission has appellate jurisdiction. DeCicco v. California Coastal Commission, No. B228009, 41 ELR 20309 (Cal. App. 2d Dist. Oct. 3, 2011).


Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


THE FEDERAL AGENCIES

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


AIR:



  • EPA expanded the list of acceptable substitutes for ozone-depleting substances in the refrigeration and air conditioning, solvent cleaning, and fire suppression sectors. 76 FR 61269 (10/4/11).

  • EPA proposed revisions to its federal implementation plan to reduce the interstate transport of ozone and fine particulate matter that was promulgated on August 8, 2011, and seeks public comment. 76 FR 63860 (10/14/11).

  • EPA proposed revisions to the new source performance standards for nitric acid plants. 76 FR 63878 (10/14/11).

  • EPA announced the availability of its draft document entitled Guidance for 1-Hour SO2 NAAQS SIP Submissions and seeks public comment. 76 FR 61098 (10/3/11).

  • SIP Approvals: California (volatile organic compound (VOC) emissions for the Sacramento Metropolitan air quality management district and the Ventura County and Placer County air pollution control districts) 76 FR 61057 (10/3/11). Colorado (partial approval of requirements and exemptions for Air Pollutant Emission Notice regulations) 76 FR 61054 (10/3/11). Indiana (metal and plastic parts surface coating rules) 76 FR 63549 (10/13/11). Virginia (1997 eight-hour ozone and 1997 and 2006 fine particulate matter (PM) NAAQS) 76 FR 62635 (10/11/11). West Virginia (attainment of the 1997 annual average fine PM NAAQS for the Charleston nonattainment area) 76 FR 62640 (10/11/11).

  • SIP Proposals: Arizona (updates to vapor recovery program at gasoline dispensing sites) 76 FR 61062 (10/3/11). California (VOC emissions for the Sacramento Metropolitan air quality management district and the Ventura County and Placer County air pollution control districts; see above for direct final rule) 76 FR 61069 (10/3/11); (VOC emissions for the San Joaquin Valley unified air pollution control district) 76 FR 62002 (10/6/11); (California Air Resources Board revisions for VOC emissions) 76 FR 62004 (10/6/11). Indiana (metal and plastic parts surface coating rules; see above for direct final rule) 76 FR 63574 (10/13/11). Ohio/West Virginia (attainment of the 2006 24-hour fine particulate matter NAAQS for the Steubenville-Weirton nonattainment area) 76 FR 61291 (10/4/11). Virginia (one-hour primary NAAQS for sulfur dioxide) 76 FR 63859 (10/14/11).

HAZARDOUS & SOLID WASTE:



  • EPA gave final authorization to California's hazardous waste management program under RCRA. 76 FR 62303 (10/7/11).

NATURAL RESOURCES:



  • The Forest Service proposed to amend the regulations governing occupancy or use of National Forest System lands and resources. 76 FR 62694 (10/11/11).

OFFICE OF THE PRESIDENT:



  • The president proclaimed October 2011 as National Energy Action Month. 76 FR 63529 (10/12/11).

TOXIC SUBSTANCES:



  • EPA promulgated significant new use rules under TSCA for 36 chemical substances that were the subject of premanufacture notices. 76 FR 61566 (10/5/11).

WATER:



  • EPA announced the availability of the Gulf of Mexico Regional Ecosystem Restoration Strategy (Preliminary), in response to Executive Order No. 13554 of October 5, 2010, and seeks public comment. 76 FR 61695 (10/5/11).

  • EPA Region 2 received a petition to determine whether adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York state portion of Lake Ontario. 76 FR 61696 (10/5/11).

WILDLIFE:



  • FWS determined endangered status under the ESA for the Altamaha spinymussel and designated approximately 147.5 miles of mainstem river channel in southeastern Georgia as critical habitat for the species. 76 FR 62928 (10/11/11).

  • FWS determined endangered status under the ESA for the Ozark hellbender in northern Arkansas and southern Missouri. 76 FR 61956 (10/6/11).

  • FWS listed the hellbender and its two subspecies under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. 76 FR 61978 (10/6/11).

  • FWS removed 189,671 acres from its 1996 critical habitat designation under the ESA for the marbled murrelet in northern California and southern Oregon. 76 FR 61599 (10/5/11).

  • FWS proposed to remove the gray wolf in Wyoming from the list of endangered and threatened wildlife under the ESA and to remove its nonessential experimental population designation. 76 FR 61782 (10/5/11).

  • FWS proposed endangered or threatened status for eight mussel species and to designate approximately 1,495 miles of stream and river channels in Alabama and Florida as critical habitat for the species under the ESA. 76 FR 61482 (10/4/11).

  • FWS proposed to designate approximately 53 river miles in Kentucky and Tennessee as critical habitat for the Cumberland darter; 42 river miles and 22 acres in Alabama as critical habitat for the rush darter; 98 river miles in Arkansas as critical habitat for the yellowcheek darter; 20 river miles in Tennessee as critical habitat for the chucky madtom; and 26 river miles in Tennessee as critical habitat for the laurel dace. 76 FR 63360 (10/12/11).

  • FWS proposed to list the yellow-billed parrot as threatened under the ESA in response to a petition. 76 FR 62740 (10/11/11).

  • FWS announced a 12-month finding on a petition to list the black-footed albatross as endangered or threatened under the ESA; the agency found that listing is not warranted. 76 FR 62504 (10/7/11).

  • FWS announced a 12-month finding on a petition to list the red-crowned parrot as endangered or threatened under the ESA; the agency found that listing is warranted but precluded by higher priority actions. 76 FR 62016 (10/6/11).

  • FWS announced a 12-month finding on a petition to list five mussel species in Texas as threatened or endangered and to designate critical habitat under the ESA; the agency found that listing is warranted but precluded by higher priority actions. 76 FR 62166 (10/6/11).

  • FWS announced a 12-month finding on a petition to list the Mohave ground squirrel as endangered or threatened under the ESA; the agency found that listing is not warranted. 76 FR 62214 (10/6/11).

  • FWS announced a partial 90-day finding on a petition to list 404 species in the southeastern United States as threatened or endangered and to designate critical habitat under the ESA; the agency found that listing is not warranted for 11 of the species. 76 FR 62260 (10/6/11).

  • FWS announced a 12-month finding on a petition to list the cactus ferruginous pygmy-owl as threatened or endangered, to list a subspecies, and to designate critical habitat under the ESA; the agency found that listing is not warranted. 76 FR 61856 (10/5/11).

  • FWS announced a 12-month finding on a petition to list the northern leopard frog under the ESA; the agency found that listing is not warranted. 76 FR 61896 (10/5/11).

  • FWS announced a 12-month finding on a petition to list Lake Sammamish kokanee salmon as an endangered or threatened species under the ESA; the agency found that listing is not warranted. 76 FR 61298 (10/4/11).

  • FWS announced a 12-month finding on a petition to list the Oklahoma grass pink orchid under the ESA; the agency found that listing is not warranted. 76 FR 61307 (10/4/11).

  • FWS announced a 12-month finding on a petition to list the Amargosa River fringe-toed lizard in San Bernardino County, California, as an endangered or threatened distinct population segment under the ESA; the agency found that the species is not a listable entity. 76 FR 61321 (10/4/11).

  • FWS announced a 90-day finding on a petition to list 10 subspecies of Great Basin butterflies in California and Nevada as threatened or endangered and to designate critical habitat under the ESA; the agency found that listing four of the subspecies may be warranted and initiated a status review. 76 FR 61532 (10/4/11).

  • FWS announced a 12-month finding on a petition to list a distinct population segment of the red tree vole as endangered or threatened and to designate critical habitat under the ESA; the agency found that listing is warranted but precluded by higher priority actions. 76 FR 63720 (10/13/11).

  • FWS announced a 12-month finding on a petition to list a Puerto Rican tree frog as endangered and to designate critical habitat under the ESA; the agency found that listing the species is warranted throughout its range and designated approximately 615 acres of a freshwater wetland as critical habitat. 76 FR 63420 (10/12/11).

  • FWS announced a 12-month finding on a petition to list the northern leatherside chub as endangered or threatened and to designate critical habitat under the ESA; the agency found that listing is not warranted. 76 FR 63444 (10/12/11).

  • FWS announced a 12-month finding on a petition to list the blue-headed macaw and the grey-cheeked parakeet as threatened or endangered under the ESA; the agency found that listing is not warranted. 76 FR 63480 (10/12/11).

  • FWS announced a 12-month finding on a petition to list Santa Rita yellowshow, Huachuca milk-vetch, and Fish Creek fleabane as endangered or threatened with critical habitat under the ESA; the agency found that listing is not warranted. 76 FR 62722 (10/11/11).

  • FWS announced a 12-month finding on a petition to list the Tehachapi slender salamander as threatened or endangered under the ESA; the agency found that listing is not warranted. 76 FR 62900 (10/11/11).

  • FWS announced a 12-month finding on a petition to list the California golden trout as endangered under the ESA; the agency found that listing is not warranted. 76 FR 63094 (10/11/11).

DOJ NOTICES OF SETTLEMENT:



  • United States v. John Morrell & Co., No. 4:11-cv-04143-LLP (D.S.D. Oct. 7, 2011). A settling CAA defendant responsible for violations at its slaughterhouse and meatpacking facility in Sioux Falls, South Dakota, must pay a $206,000 civil penalty and must institute new labeling procedures. 76 FR 63953 (10/14/11).

  • United States v. Newmont USA Ltd., No. 05-020-JLQ (E.D. Wash. Sept. 30, 2011). A settling CERCLA defendant responsible for violations at the Midnite Mine Superfund site on the Spokane Indian Reservation in Stevens County, Washington, must pay $18.7 million in U.S. response costs incurred at the site and must perform the EPA-selected cleanup for the site. 76 FR 63954 (10/14/11).

  • United States v. Smith, No. 3:10-cv-05364-BHS (W.D. Wash. Oct. 6, 2011). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must pay a civil penalty contingent upon certain circumstances. 76 FR 63954 (10/14/11).

  • United States v. City of Welch, No. 1:11-cv-00647 (S.D. W. Va. Sept. 21, 2011). Settling CWA defendants that violated NPDES permit requirements must pay a $5,000 civil penalty to the United States and West Virginia, must pay stipulated penalties for periods of noncompliance, and must perform a series of injunctive relief measures. 76 FR 63954 (10/14/11).

  • United States v. Nicholson, No. C01-809RBL (W.D. Wash. Sept. 28, 2011). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must pay a civil penalty, must perform mitigation, and must enter into a separate agreement with the Lummi Nation regarding a shore defense structure. 76 FR 63326 (10/12/11).

  • In re DPH Holdings Corp., No. 05-44481 (RDD) (Bankr. S.D.N.Y. Oct. 4, 2011). A settling CERCLA and RCRA defendant responsible for violations at the Tremont City Landfill Superfund site in Tremont City, Ohio, and the South Dayton Dump & Landfill Superfund site in Moraine, Ohio, must provide the United States with an allowed claim of $857,582.52, subject to the approval of a tax refund action. 76 FR 62446 (10/7/11).

  • United States v. Eastman Chemical Resins, Inc., No. 11-1240 (W.D. Pa. Sept. 28, 2011). A settling CAA defendant responsible for permit violations at its manufacturing plant in West Elizabeth, Pennsylvania, must pay a $316,000 civil penalty to both the United States and Allegheny County, must install pollution control equipment, must perform VOC emissions testing, monitoring, and recordkeeping, and must submit reports and permit applications to the United States and Allegheny County. 76 FR 61738 (10/5/11).

  • United States v. Newport Sand & Gravel Co., Inc., No. 2:11-cv-228 (D. Vt. Sept. 26, 2011). Settling CWA defendants that discharged process and stormwater at concrete plants in New Hampshire and Vermont must pay a $200,000 civil penalty and must implement other measures to prevent unauthorized stormwater discharges. 76 FR 61738 (10/5/11).

  • United States v. Trident Seafoods Corp., No. 11-1616 (W.D. Wash. Sept. 28, 2011. A settling CWA defendant responsible for permit violations at its seafood processing facility in Seattle, Washington, must pay a $2.5 million civil penalty and must perform specified injunctive measures to reduce its discharge of wastes and to address sea floor waste piles created by its discharges. 76 FR 61384 (10/4/11).

Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


THE CONGRESS

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


Chamber Action:



  • H.R. 470 (energy), which would further allocate and expand the availability of hydroelectric power generated at Hoover Dam, was passed by the House. 157 Cong. Rec. H6476-80 (daily ed. Oct. 3, 2011).

  • H.R. 473 (land use), which would provide for the conveyance of approximately 140 acres of land in the Ouachita National Forest in Oklahoma to the Indian Nations Council, Inc., of the Boy Scouts of America, was passed by the House. 157 Cong. Rec. H6475-76 (daily ed. Oct. 3, 2011).

  • H.R. 489 (governance), which would clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, was passed by the House. 157 Cong. Rec. H6473-75 (daily ed. Oct. 3, 2011).

  • H.R. 2250 (air), which would provide additional time for the Administrator of EPA to issue achievable standards for industrial, commercial, and institutional boilers, process heaters, and incinerators, was passed by the House. 157 Cong. Rec. H6881-82, H6903-06 (daily ed. Oct. 13, 2011).

  • H.R. 2681 (air), which would provide additional time for the Administrator of EPA to issue achievable standards for cement manufacturing facilities, was passed by the House. 157 Cong. Rec. H6638-43 (daily ed. Oct. 6, 2011).

Bills Introduced:



  • S. 1669 (Cardin, D-Md.) (water) would authorize the Administrator of EPA to establish a program of awarding grants to owners or operators of water systems to increase the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a region of the United States. 157 Cong. Rec. S6330 (daily ed. Oct. 6, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1678 (Ayotte, R-N.H.) (wildlife) would amend the Magnuson-Stevens Fishery Conservation and Management Act to permit eligible fishermen to approve certain limited access privilege programs. 157 Cong. Rec. S6390 (daily ed. Oct. 11, 2011). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1687 (Bingaman, D-N.M.) (land use) would adjust the boundary of Carson National Forest, New Mexico. 157 Cong. Rec. S6461 (daily ed. Oct. 12, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1690 (McCain, R-Ariz.) (land use) would preserve the multiple use land management policy in the state of Arizona. 157 Cong. Rec. S6461 (daily ed. Oct. 12, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1701 (Snowe, R-Me.) (water) would amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998. 157 Cong. Rec. S6505 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1702 (Moran, D-Va.) (air) would provide that the EPA rule entitled "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines" have no force or effect with respect to existing stationary compression and spark ignition reciprocating internal combustion engines operated by certain persons and entities for the purpose of generating electricity or operating a water pump. 157 Cong. Rec. S6505 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1703 (Pryor, D-Ark.) (energy) would amend the Department of Energy Organization Act to require a Quadrennial Energy Review. 157 Cong. Rec. S6505 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1708 (Reed, D-R.I.) (land use) would establish the John H. Chafee Blackstone River Valley National Historical Park. 157 Cong. Rec. S6505 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 3074 (Kline, R-Minn.) (wildlife) would amend the Migratory Bird Treaty Act to delegate to states the authorities of the Secretary of the Interior under that Act with respect to cormorants. 157 Cong. Rec. H6505 (daily ed. Oct. 3, 2011). The bill was referred to the Committee on Natural Resources.

  • H.R. 3096 (Scalise, R-La.) (oceans) would restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast states adversely affected by the Deepwater Horizon explosion. 157 Cong. Rec. H6624 (daily ed. Oct. 5, 2011). The bill was referred to the Committees on Transportation and Infrastructure, Natural Resources, and Science, Space, and Technology.

  • H.R. 3097 (Goodlatte, R-Va.) (energy) would partially waive the renewable fuel standard when corn inventories are low. 157 Cong. Rec. H6624 (daily ed. Oct. 5, 2011). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3098 (Goodlatte, R-Va.) (energy) would repeal the renewable fuel program of EPA. 157 Cong. Rec. H6624 (daily ed. Oct. 5, 2011). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3109 (Pingree, D-Me.) (water) would amend the CZMA to require establishment of a Working Waterfront Grant Program. 157 Cong. Rec. H6624 (daily ed. Oct. 5, 2011). The bill was referred to the Committee on Natural Resources.

  • H.R. 3145 (Bishop, D-N.Y.) (water) would amend the Federal Water Pollution Control Act to authorize appropriations for state water pollution control revolving funds. 157 Cong. Rec. H6781 (daily ed. Oct. 11, 2011). The bill was referred to the Committees on Transportation and Infrastructure, and Ways and Means.

  • H.R. 3155 (Franks, R-Ariz.) (land use) would preserve the multiple use land management policy in the state of Arizona. 157 Cong. Rec. H6853 (daily ed. Oct. 12, 2011). The bill was referred to the Committee on Natural Resources.

  • H.R. 3158 (Crawford, R-Ark.) (hazardous and solid waste) would direct the Administrator of EPA to change the Spill Prevention, Control, and Countermeasure rule with respect to certain farms. 157 Cong. Rec. H6853 (daily ed. Oct. 12, 2011). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 3185 (Latta, R-Ohio) (air) would provide that the EPA rule entitled "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines" have no force or effect with respect to existing stationary compression and spark ignition reciprocating internal combustion engines operated by certain persons and entities for the purpose of generating electricity or operating a water pump. 157 Cong. Rec. H6919 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3191 (Cicilline, D-R.I.) (land use) would establish the John H. Chafee Blackstone River Valley National Historical Park. 157 Cong. Rec. H6920 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Natural Resources.

  • H.R. 3199 (Sensenbrenner, R-Wis.) (energy) would provide a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends. 157 Cong. Rec. H6920 (daily ed. Oct. 13, 2011). The bill was referred to the Committee on Science, Space, and Technology.

Copyright© 2011, 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. To access material previously reported in 2011, visit our list of Cumulative State Developments. For state material reported prior to 2011, visit the ELR Archives.


The states below have updates this week:

Alabama
Alaska
Arizona

California
Colorado
Delaware

Idaho
Illinois
Kansas

Louisiana
Maine
Minnesota

Montana
Nevada
New York

New Mexico
Ohio
Oregon

Rhode Island
Tennessee
Utah

Virginia
Washington
 

ALABAMA


Hazardous & Solid Waste:



ALASKA


Water:



ARIZONA


Hazardous & Solid Waste:



  • The Department of Environmental Quality proposed to amend Ariz. Admin. Code 18.8.260 & 270, Hazardous Waste Management. Changes would raise fees for 2012 and 2013. There will be a public hearing November 2, 2011, and the deadline for comment is November 4. See http://www.azsos.gov/public_services/Register/2011/39/proposed.pdf (pp. 1916-29).

  • The Department of Environmental Quality proposed to amend Ariz. Admin. Code 18.13, Solid Waste Management. Changes would raise fees for 2012 and 2013. There will be a public hearing November 2, 2011, and the deadline for comment is November 4. See http://www.azsos.gov/public_services/Register/2011/39/proposed.pdf (pp. 1929-49).

Water:



  • The Department of Water Resources amended Ariz. Admin. Code 12.15.723, Assured and Adequate Water Supply. Changes allow the Director to restore a grandfathered irrigation right that was extinguished for assured water supply extinguishment credits during 2005, 2006, and 2007 if certain conditions are met. This allows landowners who extinguished their irrigation rights during the housing boom in anticipation of developing their land prior to the real estate market downturn to use their land for agricultural purposes. See http://www.azsos.gov/public_services/Register/2011/40/final.pdf (pp. 1989-95).

CALIFORNIA


Air:



  • The Air Resources Board proposed to amend Cal. Code Regs. tit. 13 §§2210-2218. Changes pertain to certification procedures for new engines for use in light-duty specially constructed vehicles (kit cars), and would ensure that certified engine packages would meet new vehicle emission standards and be able to meet Smog Check requirements. There will be a public hearing November 17, 2011. See http://www.oal.ca.gov/res/docs/pdf/notice/39z-2011.pdf (pp. 1572-76).

Energy:



  • The Energy Commission proposed to amend Cal. Code Regs. tit. 20 §§1601-1607, Appliance Efficiency Regulations. Changes would adopt new requirements for large and small battery charger systems and ensure that only self-contained lighting controls that comply with applicable standards are sold or offered for sale in California. There will be a public hearing October 24, 2011, and the deadline for written comment is October 19. See http://www.oal.ca.gov/res/docs/pdf/notice/40z-2011.pdf (pp. 1614-26).

COLORADO


Air:



  • The Department of Public Health and Environment proposed to amend 5 Colo. Code Regs. §1001.11, Regulation No. 9: Open Burning, Prescribed Fire, and Permitting. Changes pertain to a periodic update in each permittee's recent emissions and permitting activity data, which is used to determine the distribution of the cost of the smoke management program to each permittee. There will be a public hearing December 15, 2011. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2011-00668.DOC.

Hazardous & Solid Waste:



DELAWARE


Air:



IDAHO


Energy:



  • The Department of Lands proposed to amend Idaho Admin. Code r. 20.03.15, Rules Governing the Issuance of Geothermal Leases. Changes raise application and assignment fees. The deadline for written comments is October 26, 2011. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11oct.pdf (pp. 430-53).

Water:



  • The Department of Lands proposed to amend Idaho Admin. Code r. 20.07.02, Rules Governing Oil and Gas Conservation in the State of Idaho. The amendment would expand well drilling permit requirements; add a public comment period on applications; add application, operating, and reporting requirements for well treatments, including hydraulic fracturing; and add basic surface owner protections, among other changes. In addition, changes would add various rules to protect freshwater supplies. There will be a public hearing October 12, 2011, and the deadline for written comment is October 26. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11oct.pdf (pp. 454-97).

  • The Department of Water Resources proposed to amend Idaho Admin. Code r. 37.03.02, Beneficial Use Examination Rules. Changes pertain to acceptable standards for conducting examinations and reporting beneficial use and are designed to help reduce the water right licensing permit backlog by clarifying rules in anticipation of more inspections conducted by Certified Water Right Examiners. There will be a public hearing October 25, 2011, and the deadline for written comment is October 28. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11oct.pdf (pp. 711-22).

  • The Department of Environmental Quality proposed to amend Idaho Admin. Code r. 58.01.08, Idaho Rules for Public Drinking Water Systems. Changes would add a new section for membrane filtration, add and revise definitions, and clarify general requirements for pilot studies. There will be public hearings October 25, November 8, and December 1, 2011, and the deadline for written comment is November 15. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11oct.pdf (pp. 746-47).

ILLINOIS


Toxic Substances:



KANSAS


Hazardous & Solid Waste:



LOUISIANA


Air:



  • The Department of Environmental Quality proposed to amend La. Admin. Code 33:III.317, Regulatory Permit for Rock, Concrete, and Asphalt Crushing Facilities. Changes would add a regulatory permit that authorizes air emissions from concrete, rock, and asphalt crushing facilities. There will be a public hearing October 26, 2011, and the deadline for comment is November 2. See http://www.doa.la.gov/osr/reg/1109/1109.pdf (pp. 2815-17).

Hazardous & Solid Waste:



  • The Department of Natural Resources proposed to amend La. Admin. Code 33:V to amend the minimum pipeline safety requirements for hazardous liquids pipelines. Changes are necessary for Louisiana to continue to be consistent with federal regulations. There will be a public hearing October 27, 2011, and the deadline for comment is November 3. See http://www.doa.la.gov/osr/reg/1109/1109.pdf (pp. 2859-86).

MAINE


Hazardous & Solid Waste:



  • The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products. Changes would allow licensed mining operation to store a small amount of diesel fuel on significant sand and gravel aquifers mapped by the Maine Geological Survey. There will be a public hearing November 3, 2011, and the deadline for comment is November 14. See http://www.maine.gov/sos/cec/rules/notices/2011/101211.html.

Land Use:



  • The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 692, Siting of Oil Storage Facilities. The amendment would allow for the storage of up to 1,100 gallons of diesel fuel for fueling heavy equipment used in the mining of sand and gravel from pits located in significant sand and gravel aquifers mapped by the Maine Geological Survey, among other changes. The purpose of the rule is to allow storage without increasing the risk of groundwater contamination and to do so without required variance application and testing of the aquifer’s groundwater yield. There will be a public hearing November 3, 2011, and the deadline for comment is November 14. See http://www.maine.gov/sos/cec/rules/notices/2011/101211.html.

Toxic Substances:



  • The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 419, Maine Solid Waste Management Rules: Agronomic Utilization of Residuals. Changes would increase the screening concentration for arsenic for sewage sludge utilization from 10 mg/kg to 34 mg/kg. There will be a public hearing November 1, 2011, and the deadline for comment is December 1, 2011. See http://www.maine.gov/sos/cec/rules/notices/2011/101211.html.

  • The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 584, Surface Water Quality Criteria for Toxic Pollutants. Changes would alter the cancer risk level for inorganic arsenic used in calculating ambient water quality criteria and establish revised inorganic arsenic criteria. There will be a public hearing November 1, 2011, and the deadline for comment is December 1, 2011. See http://www.maine.gov/sos/cec/rules/notices/2011/101211.html.

Water:



  • The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 530, Surface Waters Toxic Control Program. Changes would allow the Department to utilize allocations previously set aside as water quality reserves for future growth under certain circumstances when calculating limits for toxic substances. There will be a public hearing November 1, 2011, and the deadline for comment is December 1, 2011. See http://www.maine.gov/sos/cec/rules/notices/2011/101211.html.

MINNESOTA


Hazardous & Solid Waste:



  • The Pollution Control Agency proposed to amend Minn. R. 7035, Landfill Financial Assurance. Changes, which respond to legislative directives, change the financial assurances required as well as the scope of the rules. The deadline for written comment is November 4, 2011. See http://www.comm.media.state.mn.us/bookstore/stateregister/36_11.pdf (pp. 373-376).

MONTANTA


Hazardous & Solid Waste:



NEVADA


Energy:



  • The Department of Wildlife proposed to amend Nev. Admin. Code §§701.2-6, pertaining to energy development projects. Changes pertain to energy projects filed with the Department of Wildlife, and would require certain information to be included in applications, as well as require certain applicants to pay reimbursement costs to the Department. See http://www.leg.state.nv.us/register/2011Register/R038-11P.pdf.

NEW MEXICO


Energy:



NEW YORK


Air:



  • The Department of Environmental Conservation amended N.Y. Comp. Codes R. & Regs. tit. 6, §§200, 201 and 231, New Source Review Requirements for Proposed New Major Facilities and Major Modifications to Existing Facilities. The emergency rule change adopts U.S. EPA's rules on particulate matter and the greenhouse gas tailoring rule. The rule took effect September 16, 2011. See http://www.dos.ny.gov/info/register/2011/oct5/pdfs/rules.pdf (pp. 23-30).

OHIO


Air:



Water:



  • The Environmental Protection Agency proposed to amend Ohio Admin. Code §119.03, governing well standards, operational requirements, plan approval, and backflow and cross-connection control for public water systems. Changes would clarify monitoring requirements, require reports to be submitted electronically, and provide additional flexibility in approving existing wells, in addition to other changes. There will be a public hearing October 31, 2011. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_146821_20110928_0846.pdf.

OREGON


Climate:



  • The Public Utility Commission proposed to adopt Or. Admin. R. 860-085, pertaining to greenhouse gas emissions requirements. The rule would implement state laws regarding the greenhouse gas emissions standard applicable to electric companies and electricity service suppliers. There will be a public hearing October 19, 2011, and the deadline for comment is October 26. See http://arcweb.sos.state.or.us/doc/rules/bulletin/October2011_Bulletin.pdf (p. 30).

Energy:



  • The Department of Energy proposed to amend Or. Admin. R. 330-090, pertaining to the Business Energy Tax Credit. The amendments implement statutory changes to the sunset of the program and provide a process for participants to demonstrate "beginning construction before April 15, 2011" for the purpose of extending the time allowed to receive final certification of their facility. In addition, new rules provide for the administration of the Business Energy Tax Credit Manufacturing program from January 1, 2012. There will be a public hearing October 21, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/October2011_Bulletin.pdf (p. 14).

Water:



  • The Department of Environmental Quality adopted Or. Admin. R. Chapter 340.053, pertaining to the permitting of graywater reuse and disposal systems. The regulation establishes a public policy to encourage the reuse of graywater, requirements for reuse for the protection of public health, and design and construction standards for reuse and disposal systems, among other rules. The regulation defines three types of graywater based on level of treatment, establishes acceptable reuse activities, and creates a three-tier permitting system based on volume of graywater produced. Rules took effect September 12, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/October2011_Bulletin.pdf (pp. 41-47).

RHODE ISLAND


Air:



  • The Department of Environmental Management adopted Air Pollution Control Regulation No. 49, Transportation Conformity. The rule ensures that federal funding is given to transportation plans, programs, and projects that are consistent with the air quality goals established by Rhode Island's SIP. The rule takes effect October 20, 2011. See http://sos.ri.gov/rules/index.php?page=details&erlid=6526.

TENNESSEE


Wildlife:



  • The Department of Environment and Conservation amended Tenn. Admin. Code 0400.06.03, Promulgation of Lists, and .02, List of Endangered Species. Changes modify the list of plants covered in the Rare Plant Protection and Conservation Regulations to add or remove some plants and to correct the scientific names of certain plants. The amendments take effect December 25, 2011. See http://www.tn.gov/sos/rules_filings/09-22-11.pdf.

UTAH


Air:



  • The Department of Environmental Quality proposed to amend Utah Admin. Code r. 307.121, General Requirements: Clean Air and Efficient Vehicle Tax Credit. Changes pertain to actions by the Utah legislature, which amended the eligibility requirements for cleaner burning fuels tax credits available under the Individual Income Tax Act and the Corporate Franchise and Income Taxes chapter. Changes include adding plug-in electric drive vehicles to the definition of "air quality standards," and changing the tax credit amount for vehicles. There will be a public hearing October 25, 2011, and the deadline for comment is October 31. See http://www.rules.utah.gov/publicat/bull_pdf/2011/b20111001.pdf (pp. 27-30).

Water:



  • The Department of Environmental Quality proposed to amend Utah Admin. Code r. 309.105.14, Operational Reports. Changes would give the Executive Secretary the authority to order an operational report for non-compliant systems and determine if submitted operational reports are satisfactory. The deadline for comment is October 31. See http://www.rules.utah.gov/publicat/bull_pdf/2011/b20111001.pdf (pp. 30-31).

  • The Department of Environmental Quality proposed to amend Utah Admin. Code r. 317.8, Utah Pollutant Discharge Elimination System. The rule would promulgate a new permit mandated by U.S. EPA for application of pesticides for control of: mosquito and other insect pests, weed and algae, aquatic nuisance animals, and forest canopy pests. The deadline for written comment is November 1, 2011, and the rule may become effective November 8. See http://www.rules.utah.gov/publicat/bull_pdf/2011/b20111001.pdf (pp. 31-38).

VIRGINIA


Land Use:



  • The Department of Environmental Quality added 9 Va. Admin. Code §15.90, Uniform Environmental Covenants Act Regulation. The regulation is based on the Model Uniform Act developed by the National Conference of Commissioners on Uniform State Law. The rule pertains to site remediation and becomes effective November 9, 2011. See http://legis.state.va.us/codecomm/register/vol28/iss03/v28i03.pdf (pp. 170-76).

WASHINGTON


Air:



  • The Department of Natural Resources proposed to amend Wash. Admin. Code §332.24.221, Specific rules for burning that requires a written burning permit. Changes would increase permit fees. There will be public hearings October 28 and October 31, 2011, and the date of intended adoption is December 1. See http://apps.leg.wa.gov/documents/laws/wsr/2011/19/11-19-092.htm.

Land Use:



  • The Forest Practices Board proposed to amend Wash. Admin. Code §§222.20.120 & 222.30.021, relating to forest practices and riparian management zones. Changes would create a process for forest landowners to meet their obligations related to contacting tribes and planning for cultural resource protection. There will be public hearings on January 3 and 5, 2012, and the deadline for comment is January 6. See http://apps.leg.wa.gov/documents/laws/wsr/2011/19/11-19-009.htm.

Water:



  • The Department of Ecology proposed to reissue the aquatic noxious weed management general permit, which covers all marine and freshwater activities that result in a discharge of herbicides, adjuvants, and marker dyes indirectly into streams, rivers, estuaries, marine areas, wetlands, along lake shorelines, and other wet areas. The permit regulates the use of pesticides and other products applied to manage noxious weeds where pesticides or other products may indirectly enter the state's surface waters. There will be a public workshop and hearing on November 10, 2011, and the deadline for comment is November 18. See http://apps.leg.wa.gov/documents/laws/wsr/2011/19/11-19-086.htm.

Wildlife:



  • The Noxious Weed Control Board proposed to amend Wash. Admin. Code §16.750, State noxious weed list and schedule of monetary penalties. Changes would add and alter noxious weed listings, and add a new section on listing guidelines. There will be a public hearing November 1, 2011, and the deadline for written comment is October 31. The date of intended adoption is November 2. See http://apps.leg.wa.gov/documents/laws/wsr/2011/19/11-19-101.htm.

Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


INTERNATIONAL

EU PROPOSES TOUGHER ENVIRONMENTAL STANDARDS FOR AG PROGRAM

EU officials proposed last week to toughen environmental standards in its expensive farm subsidy policies as part of major changes to the 58 billion euro system. The European Commission proposed a number of changes to the Common Agricultural Program, which cost 47 percent of the whole EU budget last year, to "strengthen the competitiveness, sustainability and permanence of agriculture throughout the EU in order to secure for European citizens a healthy and high-quality source of food, preserve the environment and develop rural areas." Among the environmental measures, the EC proposed to add criteria to subsidies including requirements that farmers diversify crops and leave some fields fallow, and that they ensure permanent pasture. According to the BBC, the changes are designed to move the program away from intensive farming to more sustainable practices. The environmental lobby group Friends of the Earth warned that the changes would have "devastating consequences for rainforests, the climate and some of the world's poorest people," as, the group says, changes do not do enough to change harmful farming practices. The changes will likely pit France, which is the EU's largest food producer, against the United Kingdom, which received about 7.1 percent of the agricultural budget last year, according to Bloomberg. The British government, part of the "reformist bloc" that has called for a reduction in the overall size of the program, said that the reforms should focus more on biodiversity and food security. For the BBC story, see http://www.bbc.co.uk/news/world-europe-15272815. For the Bloomberg story on a likely fight between France and the United Kingdom, see http://www.bloomberg.com/news/2011-10-11/eu-farm-policy-debate-pits-france-against-u-k-.html.


JAPAN TO SPEND $14B ON NUCLEAR CLEANUP; URGED NOT TO BE "OVER CONSERVATIVE"

A team of visiting nuclear experts warned Japan against becoming "over-conservative" in the future as the country works to clean up as much as 2,400 square kilometers of land affected by the Fukushima disaster. A group of 12 experts from the International Atomic Energy Agency will present its final report on its nine-day mission to the Japanese government next month, but the team has already voiced its opinions on certain remediation methods. It said that removing layers of topsoil contaminated by radiation, a method currently being considered by Japan, would be impractical. Japan's environmental ministry has also cautioned that finding a storage place for 29 million cubic meters of topsoil could create a headache for the government. "Where applicable, there are methods that do not require storage. There are about 60 remediation technologies available," said team leader Tero Tapio Varjoranta. Some of the methods included storing topsoil in various layers and using it for road construction. The Fukushima prefecture has received 143 preliminary proposals for the $14 billion Japan has set aside for clean up by companies, universities, non-profit organizations, and individuals for projects to decontaminate water and soil. "Estimating how much decontamination will cost is very difficult, so the government is trying to figure out rough figures through test projects," said Tadashi Inoue of the Central Research Institute of Electric Power Industry, who is advising the Fukushima government. He added, "The cost will be enormous." For the story on the IAEA team, see http://uk.reuters.com/article/2011/10/14/uk-japan-nuclear-iaea-idUKTRE79D2FM20111014. For the story on cleanup bids, see http://www.bloomberg.com/news/2011-10-14/fukushima-clean-up-attracts-bids-for-14-billion-in-projects.html.


U.N. CARBON CREDITS FALL IN PRICE

United Nations carbon credits hit an all-time low of 7.13 euros a ton on Friday as a result of the glut in emissions permits. The debt crisis and slowing economic growth, combined with the EU's continued issuance of new offsets at a record rate, has led to a "crisis of confidence," according to one trader. Producers of greenhouse gases buy certified emissions reductions (CERs) to meet Kyoto Protocol emissions caps, which help pay for projects in the developing world, but the weak economy has led to an over-supply of offsets. "From a logical point of view, CERs are close to marginal cost and selling would not make sense unless you are monetizing some of your portfolio," said one trader. According to Reuters, the price will likely continue to fall to about 7.05 euros, and some analysts say that CERs may fall to 4 or 5 euros over time. For the full story, see http://www.reuters.com/article/2011/10/14/us-carbon-price-idUSTRE79D15T20111014. For the story on the future of pricing in the carbon market, see http://www.reuters.com/article/2011/10/14/us-carbon-price-snapanalysis-idUSTRE79D33W20111014.


Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


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