On a 3 to 2 vote, the U.S Securities and Exchange Commission passed a recommendation to provide public companies with interpretive guidance on existing disclosure requirements as they relate to business or legislative events on the issue of climate change.

SEC Chairman Mary Schapiro wanted to make it clear that the SEC was not adding any new legal requirements, nor adding to the debate about climate change or global warming:

the Commission is not making any kind of statement regarding the facts as they relate to the topic of “climate change” or “global warming.” And, we are not opining on whether the world’s climate is changing; at what pace it might be changing; or due to what causes. Nothing that the Commission does today should be construed as weighing in on those topics.

The “Interpretative Release” approved today provides guidelines  for companies to weigh the impact of climate-change laws and regulations when assessing what information to disclose.  Chairman Schapiro pointed out:

It is neither surprising nor especially remarkable for us to conclude that of course a company must consider whether potential legislation — whether that legislation concerns climate change or new licensing requirements — is likely to occur. If so, then under our traditional framework the company must then evaluate the impact it would have on the company’s liquidity, capital resources, or results of operations, and disclose to shareholders when that potential impact will be material. Similarly, a company must disclose the significant risks that it faces, whether those risks are due to increased competition or severe weather. These principles of materiality form the bedrock of our disclosure framework.

Today’s guidance will help to ensure that our disclosure rules are consistently applied, regardless of the political sensitivity of the issue at hand, so that investors get reliable information.

The commission said companies in the U.S. should also consider international accords, indirect effects such as lower demand for goods that produce greenhouse gases, and physical impacts such as the potential for increased insurance claims in coastal regions as a result of rising sea levels.

On 40^th Anniversary of the National Environmental Policy Act (NEPA), Jim Tankersley of the Los Angeles Times wrote that

The White House is poised to order all federal agencies to evaluate any major actions they take, such as building highways or logging national forests, to determine how they would contribute to and be affected by climate change, a step long sought by environmentalists.

The Presidential Order would most likely issue from the Council on Environmental Quality, an organization set up by NEPA to oversee the NEPA process. Mr. Tankersley’s article goes on to report that that

The head of the White House Council on Environmental Quality, Nancy Sutley, said in an interview this week that federal agencies “should think about both the effect of greenhouse gas emissions, and the effects of climate change, on decisions they make.”

She added that the administration’s decision was not yet final.

The White House was originally petitioned in 2008 to formally recognize climate considerations under NEPA, but the White House has not taken any action since then.

However, federal agencies may already be required to include an analysis of climate in their Environmental Impact Statements (EISs) and Environmental Assessments (EAs). NEPA does not mention specific areas that federal agencies must analyze to complete EISs and EAs. Instead, it states that the federal agency shall analyze the effect the federal project will have on the environment, without specifically mentioning any particular areas that need to be examined. Thus, it could be argued that federal agencies should already be examining the effect of the federal project on climate change since that is an “environmental effect” within the purview of NEPA.

As Mr. Tankersley’s article points out, some federal agencies have already taken upon themselves to consider effects on climate. Moreover, there is a growing body of caselaw indicating that the courts are beginning to rule that federal agencies should consider the effect their projects will have on the environment. The U.S. Circuit Court of Appeals for the Ninth Circuit recently held in Center for Biological Diversity v. National Highway Transportation Safety Administration that the NHTSA was required to examine in its EIS the effect of greenhouse gas emissions from the federal project. In coming to that conclusion, the 9^th Circuit summarized the following findings from International Panel on Climate Change reports and other sources:

Carbon dioxide concentrations increasing over the 21st century are virtually certain to be mainly due to fossil-fuel emissions;

The average earth surface temperature has increased by about 0.6 degrees;

There have been severe impacts in the Arctic due to warming, including sea ice decline;

Global warming will affect plants, animals, and ecosystems around the world. Some scientists predict that it will cause 15 to 37 percent of species in certain regions to be extinct;

Global warming will cause serious consequences for human health, including the spread of infections and respiratory diseases;

Climate change is associated with increasing variability and heightened intensity of storm such as hurricanes;

Climate change may be non-linear, meaning there are positive feedback mechanisms that may push global warming past a dangerous threshold (the “tipping point”).

Center for Biological Diversity v. NHTSA, 508 F.3d at 522-23. To the Court, these findings indicate that emission of greenhouse gases substantially contribute to climate change, and climate change is expected to result in widespread adverse environmental effects. Therefore, it should be mentioned in the EIS. See also, Friends of the Earth, Inc. v. Mosbacher, 488 F.Supp.2d 889 (N.D. Cal. 2007); Border Power Plant Working Group v. Department of Energy, 260 F.Supp.2d 997 (S.D. Cal. 2003); and Mid-States Coalition for Progress v. Surface Transportation Board, 345 F.3d 520 (8^th Cir. 2003).

In addition, NEPA contains a provision that could be taken to require federal agencies to consider the impact of the greenhouse gas emissions created by the federal project. Section 102(F) of NEPA, 42 U.S.C. 4332(F) states that “all agencies of the Federal government shall:”

Recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind’s world environment.

To be sure, an order from the White House would be beneficial in establishing a nationwide policy and prompt recalcitrant agencies to require consideration of climate change in their EISs and EAs. At least in the Ninth and Eighth Circuits, however, one could argue that the courts have taken the view that NEPA already requires exactly what the order would seek to implement.

December 29, 2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. For the next two weeks, I have added a special section on the Copenhagen Climate Talks. If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@taberlaw.com with the word “subscribe” in the subject line.

SETTLEMENTS

Ala.-based pipe manufacturer pleads guilty to environmental charges, to pay $4 million. —The Associated Press, December 21, 2009
Foundry operator McWane Inc. agreed to plead guilty to environmental charges involving the Clean Water Act and will pay a $4 million fine. The Birmingham News reports that the company, which operates pipe and water-fittings foundries, said it pleaded guilty to nine felony violations involving effusions at the McWane Cast Iron Pipe plant into Avondale Creek. The original case filed in the matter went to trial in 2005 in U.S. District Court in Birmingham. The company, owned by the McWane family of Birmingham, was convicted of 20 felonies and fined $8 million. The conviction was later overturned.
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California Dairy Gives County a Gas Detection System, Settling Case. — Occupational Health & Safety, December 21, 2009
The Solano County Office of Emergency Services has received $109,062 in emergency response equipment as the result of a settlement reached by the U.S. Environmental Protection Agency with Super Store Industries (SSI), a Stockton, Calif.-based company that provides dairy products, warehousing, and distribution services. The company donated equipment to the Solano County Interagency Hazmat Team as part of a supplemental environmental project following a settlement with EPA.
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Southwest Missouri Pet Supply Dealer to Pay $56,632 Penalty for Re-Labeling, Selling Misbranded Cattle and Hog Insecticide. —EPA News Release, December 21, 2009
A southwest Missouri pet supply dealer has agreed to pay a $56,632 civil penalty to the United States to settle allegations that it violated the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by repackaging, relabeling and selling an insecticide meant for use on cattle and hogs as a flea and tick treatment for dogs. Hunte Kennel Systems and Animal Care, Inc., of Goodman, Mo., will pay the civil penalty under terms of an administrative consent agreement filed today by EPA Region 7 in Kansas City, Kan.
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EPA settles with Clear Lam packaging on hazardous waste violations; penalty, environmental project ordered. —EPA News Release, December 2, 2009
U.S. Environmental Protection Agency Region 5 has settled with Clear Lam Packaging Inc. for alleged violations of the Resource Conservation and Recovery Act requirements for treatment, storage and disposal of hazardous waste. The Elk Grove, Ill., company will pay a $20,750 penalty and perform an environmental project costing at least $221,000. Clear Lam Packaging failed to have a hazardous waste storage permit, maintain aisle space in the hazardous waste storage area, keep hazardous waste containers closed, provide annual employee training and keep records about it, and have a complete contingency plan.
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Duke Energy to Spend $93 Million to Resolve Clean Air Act Violations. —EPA News Release, December 22, 2009
Duke Energy, one of the largest electric power companies in the nation, will spend approximately $85 million to significantly reduce harmful air pollution at an Indiana power plant and pay a $1.75 million civil penalty, under a settlement to resolve violations of federal clean air laws, the Justice Department and the U.S. Environmental Protection Agency (EPA) announced today. The settlement also requires Duke to spend $6.25 million on environmental mitigation projects. The agreement, filed in federal court in Indianapolis, resolves violations of the Clean Air Act’s new source review requirements found at the company’s Gallagher coal-fired power plant in New Albany, Ind., located directly across the Ohio River from Louisville, Ky.
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Duke Energy to Spend Approximately $93 Million to Resolve Clean Air Act Violations. —Department of Justice Press Release, December 22, 2009
Duke Energy, one of the largest electric power companies in the nation, will spend approximately $85 million to significantly reduce harmful air pollution at an Indiana power plant and pay a $1.75 million civil penalty, under a settlement to resolve violations of federal clean air laws, the Justice Department and the U.S. Environmental Protection Agency (EPA) announced today. The settlement also requires Duke to spend $6.25 million on environmental mitigation projects. The agreement, filed in federal court in Indianapolis, resolves violations of the Clean Air Act’s new source review requirements found at the company’s Gallagher coal-fired power plant in New Albany, Ind., located directly across the Ohio River from Louisville, Ky.
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States Settle With Plant Polluting Region’s Air. — Mireya Navarroa, The New York Times, December 22, 2009
Air quality in the New York tri-state region stands to benefit from a court settlement requiring Duke Energy, one of the nation’s largest electric power companies, to drastically cut sulfur dioxide emissions from a coal-fired plant in Indiana, state and federal officials said Tuesday. New York, New Jersey and Connecticut joined the federal government and two environmental groups in a 1999 lawsuit over pollution from the Duke plant, the 560-megawatt Gallagher Station, which blows eastward and brings smog and soot to the Adirondacks and other areas.
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Duke settles air violations at southern Ind. plant. —Rick Callahan, The Associated Press, December 22, 2009
Duke Energy Corp. will spend about $93 million to settle clean air violations at a coal-fired power plant in southern Indiana where unauthorized changes significantly boosted air pollution, the federal government said Tuesday. The U.S. Environmental Protection Agency said the consent decree filed in federal court in Indianapolis will end its decade-old lawsuit against Duke, a suit three Eastern states affected by pollution wafting far beyond the Louisville, Ky., area later joined. Under the proposed settlement, the EPA said Duke Energy will spend $85 million to cut sulfur dioxide emissions at its Gallagher plant near New Albany, Ind., by nearly 35,000 tons per year. Duke said the upgrades will cost about $80 million.
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Settlement Reached at Sutton Brook Disposal Area Superfund Site in Massachusetts. —EPA News Release, December 22, 2009
A new settlement estimated worth more than $30 million will ensure that cleanup of the Sutton Brook Disposal Area Superfund Site in Tewksbury, Mass. will move forward, the Justice Department and U.S. Environmental Protection Agency (EPA) and the Massachusetts Department of Environmental Protection announced today. The agreement, lodged in federal court in Boston, resolves federal and state liability claims against 49 potentially responsible parties for the cleanup of the site.
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Settlement Reached at Sutton Brook Disposal Area Superfund Site in Massachusetts. —Department of Justice Press Release, December 22, 2009
A settlement estimated worth more than $30 million will ensure that cleanup of the Sutton Brook Disposal Area Superfund Site in Tewksbury, Mass., will move forward, the Justice Department and U.S. Environmental Protection Agency (EPA) and the Massachusetts Department of Environmental Protection (MassDEP) announced today. The agreement, lodged in U.S. district court in Boston, resolves federal and state liability claims against 49 potentially responsible parties for the cleanup of the site.

East 23rd Battery Superfund Site, Tampa, Hillsborough County, FL; Notice of Settlement. —Environmental Protection Agency, Federal Register, December 23, 2009
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the East 23rd Battery Site located in Tampa,  Hillsborough County, Florida for publication.
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DECISIONS

Judge dismisses suit over river damage. —Ted Potts, The Tribune Democrat, December 23, 2009
The attorney for PennEnvironment said Wednesday he is unsure what – if anything – the environmental group will do now that a lawsuit it filed in 2007 concerning pollution of the Conemaugh River has been dismissed. U.S. Magistrate Amy Reynolds Hay of Pittsburgh ruled Tuesday that PennEnvironment couldn’t prove that excessive discharge levels from Reliant Energy’s Conemaugh Generating Station near New Florence caused damage to the river. Reliant acknowledged the discharges were excessive but maintained it could not be proven they damaged the Conemaugh’s waters.
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Lawsuit to Protect Wild Horses Continues Despite Denial of Injunction Against Massive Roundup. —News In Defense of Animals, December 23, 2009
Wild horse advocates today celebrated a partial victory as U.S. District Court Judge Paul L. Friedman ordered a lawsuit challenging a Bureau of Land Management roundup of thousands of wild horses in Nevada forward, but denied a preliminary injunction to stop the removal of horses, which is scheduled to begin December 28. Judge Friedman’s 25-page decision indicates that he found merit in IDA’s argument that the BLM’s practice of stockpiling tens of thousands of horses in long-term holding facilities in the Midwest is not authorized by law, and invited both parties to expedite briefing on that issue. Based on that preliminary finding regarding long-term holding facilities, Judge Friedman stated that “the agency’s [BLM] best option may be to postpone the [Calico] gather,” but he said that was for the BLM to decide while also noting potential harms in such a delay.
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LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

BP to appeal against $100m damages order after Texas refinery incident. — David Robertson, The Times, December 21, 2009
BP, which has been ordered by a court in Texas to pay $100 million (£62 million) damages to ten workers after an incident at its refinery in the state, said yesterday that it would appeal against the ruling. It insisted that it did not believe anyone had been harmed when chemicals were released during the incident in 2007 and had originally offered only $500 in compensation to each worker who claimed to have been affected. However, a federal jury in Texas ruled on Friday that ten workers should receive $100 million. A further 133 workers are also seeking damages.
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Ind. attorney general sues lumber recycling plant with history of environmental violations. —The Associated Press, December 22, 2009
Indiana’s attorney general is suing a northern Indiana lumber recycling plant with a history of environmental and worker-safety violations. The lawsuit filed Monday in Elkhart County seeks preliminary and permanent injunctions to halt open dumping of wood wastes at VIM Recycling Inc.’s Elkhart operation. It also asks a judge to order VIM to remove waste materials and debris from its property. Company spokesman Tom Holt says VIM is “extremely surprised” by the lawsuit. He says the U.S. Environmental Protection Agency has agreed to allow VIM to place wood from the recreational vehicles and manufactured housing industries on asphalt at its property.
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Groups laud Cox in carp fight. —Jim Lynch, The Detroit News, December 22, 2009
Michigan Attorney General Mike Cox’s attempt to enlist the U.S. Supreme Court in keeping Asian carp out of Lake Michigan is a two-pronged approach that is drawing support from environmental groups and legal scholars. Cox filed a lawsuit targeting the State of Illinois, the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago. He is seeking the court’s intervention to close all waterways and canals leading into Lake Michigan — pathways that could allow the voracious Asian carp to gain a fin-hold in the Great Lakes.
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Michigan Sues Illinois to Protect Great Lakes. —Public News Service, December 24, 2009
In a frantic move to stop an invasion of Asian carp in the Great Lakes, the state of Michigan has asked the nation’s highest court to step in and take action. Citing inaction by Illinois officials, Michigan attorney general Mike Cox is calling for the closing of two shipping locks near Chicago in hopes of keeping Asian carp out of Lake Michigan. Howard Learner, the executive director of the Environmental Law and Policy Center, says he understands the urgent need to keep Asian carp out of the lake, but isn’t sure a lawsuit is the best way go. “What we all need to do at this point is look forward. Recognizing that Asian carp are getting distressingly close, Illinois, Michigan, Wisconsin and Indiana public officials need to work together to keep the Asian carp out of Lake Michigan.”
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Issue in water lawsuit: manure or fertilizer? — Jenny Hopkinson, The Daily Times, December 22, 2009
An alleged pile of chicken manure on a Berlin farm, which is at the center of a pending federal lawsuit, may not be what it seems. According to Luis Luna, a spokesman for Perdue Farms Inc., a defendant in the suit, Waterkeeper Alliance was mistaken when it referred to the material on contract grower Alan Hudson’s Logtown Road farm as chicken manure. Instead, he said, the material is fertilizer the farmers are permitted by law to buy, store and use. Waterkeeper Alliance and Kathy Phillips, the Assateague Coastkeeper, filed a notice of intent to sue Hudson and Perdue under the Clean Water Act Thursday. If a resolution is not reached in 60 days, the national environmental organization will take the suit to court.
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Perdue disputes ACT claim,says it’s not chicken manure. — Nancy Powell, Ocean City Today, December 25, 2009
Perdue Farms says an environmental group is mistaken in its claims that a pile of chicken manure is polluting the water. The “pile” is not manure at all, but biosolids from the Ocean City wastewater treatment plant. “We recommend the Waterkeepers check their facts before they make allegations that can damage reputations,” said Luis Luna, vice president of corporate relations for Perdue Incorporated, in a press release. “The right thing for them to do at this point is to issue a retraction and an apology.” Assateague Coastkeeper Kathy Phillips, who took aerial photographs of the site, and the Waterkeeper Alliance announced last Thursday that they had sent a notice of intent to file suit against the chicken farm owned by Alan Hudson and Perdue Farms for violations of the Clean Water Act. Hudson is a contract grower for Perdue Farms and raises 80,000 chickens.
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Environmental group threatens lawsuit to block BNSF rail hub. —Brad Cooper, The Kansas City Star, December 21, 2009
The federal government has cleared the way for BNSF Railway to start construction of a massive rail hub that critics say could hurt the environment. The U.S. Army Corps of Engineers has issued the permit that BNSF has been waiting on for months to start construction of a 418-acre rail yard off Interstate 35 near Gardner. “The corps determined that the project is in the public interest, is the least environmentally damaging practicable alternative and will not significantly impact the human environment,” the agency said in a brief statement.
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U.S. EPA Releases Annual Enforcement Results and Mapping Tool. —EPA News Release, December 22, 2009
The U.S. Environmental Protection Agency (EPA) has released enforcement results for fiscal year 2009, and has developed a new Web-based tool and interactive map that allows the public to get detailed information by location about the enforcement actions taken at approximately 4,600 facilities. In FY2009, EPA concluded enforcement actions requiring polluters to invest more than $5 billion on pollution controls, cleanup, and environmental projects. Civil and criminal defendants committed to install controls and take other measures to reduce pollution by approximately 580 million pounds annually once all required controls are fully implemented.
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3 states’ nuclear petition rejected. — Susan Smallheer, Rutland Herald, December 22, 2009
The 2nd Circuit Court of Appeals rejected a petition from three Northeast states that sought to have the issue of the safety of spent fuel pools at nuclear power plants considered in any relicensing review. Massachusetts, Connecticut and New York had all petitioned the Nuclear Regulatory Commission to change its rules to include their safety concerns about the spent fuel contained in nuclear power plant’s reactor buildings in any re-licensing review. The NRC had rejected the states’ petitions, and the matter landed in front of the 2nd Circuit, which is based in New York City.
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Charges Filed Against Tonawanda Coke Environmental Control Manager. — WGRZ.com, December 23, 2009
The Environmental Protection Agency announced Wednesday the arrest of Mark L. Kamholz, the Environmental Control Manager for the Tonawanda Coke plant. Kamholz, 62, has been charged with failing to notify government officials that levels of a hazardous substance beyond what U.S. code allows was being released into the air.  The complaint against Kamholz says he knew about the emissions, but failed to notify the feds. “Today’s criminal enforcement action is only one component of EPA’s multifaceted and comprehensive approach at Tonawanda Coke; no one is above the law,” says Judith A. Enck, U.S. Environmental Protection Agency Regional Administrator.
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Southeastern Legal Foundation (SLF): First Legal Action Filed Today with EPA. — Southeastern Legal Foundation News Release, December 23, 2009
This year, SLF filed a comprehensive public comment during the 2009 Public Comment period throughout which the U.S. Environmental Protection Agency (EPA) allegedly considered powerful scientific and legal information that counters the prevailing United Nations Intergovernmental Panel on Climate Change (IPCC) reports on human causation of climate change related to carbon dioxide greenhouse gas emissions (available at www.epalawsuit.org, “Why a Lawsuit?” and “How the EPA Got It Wrong”). Despite hundreds of thousands of scholarly submissions, EPA Administrator Lisa Jackson published an Endangerment Finding in December 2009.
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EPA CO2 Danger Decision Opens Door To Legal Petitions. — Ian Talley, Dow Jones Newswires, December 23, 2009
By declaring greenhouse gases a public danger, the Obama Administration may have triggered regulatory obligations far beyond its desired goals. While the head of the Environmental Protection  Agency Lisa Jackson has said she’s focused on regulating light-duty vehicle emissions and the largest stationary sources, petitions already filed with the EPA may force much more stringent action, experts say. “The EPA will be locked into a path that ends in the regulation of most mobile sources,” including airplanes, trucks and trains or the fuels that run them, says Jason Schwartz and Inimai Chettiar, Legal Fellows at the Institute for Policy Integrity at New York University School.
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ADEQ investigating ADOT environmental practices once again on SR179 bridge project. — Ron Vernesoni, Sedon.biz, December 24, 2009
Old bridges like the one at Oak Creek in Sedona often contain hazardous materials, the worst being asbestos.  Lead was also very prevalent in old bridges.  Anytime an old bridge is demolished in Arizona, the contractor must file notification with the Environmental Protection Agency (EPA) and/or the Arizona Department of Environmental Quality (ADEQ) detailing how much asbestos is in the bridge and how it will be handled.  This is required under a federal law known as the asbestos NESHAPs (National Emission Standards for Hazardous Air Pollutants). ADOT started demolition of the old bridge at least 3 months ago and perhaps earlier, apparently without filing any notification or work plan.
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Beef group challenges U.S. EPA climate finding. — Reuters U.K., December 24, 2009
A beef industry group has challenged a ruling by U.S. environmental regulators that greenhouse gas emissions endanger human health, saying the move would hurt agriculture. The ruling earlier this month by the Environmental Protection Agency earlier opens the way for regulation of six heat-trapping gases without new laws passed by Congress. Livestock farms emit carbon dioxide from the tailpipes of machinery and trucks, while waste from cattle also emits methane, a powerful greenhouse gas. The National Cattlemen’s Beef Association filed a petition in the D.C. Circuit Court of Appeals this week, saying EPA climate regulations would hurt large farms.
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Sugar beet suit progresses. —C.J. Baker, Powell Tribune, December 24, 2009
This past fall, local sugar beet growers expecting a record harvest were disappointed by Mother Nature; this coming summer, their crops could be impacted by a federal judge’s decision. In September, in response to a lawsuit filed by environmental groups and organic seed growers, a federal judge in California’s Northern District voided the U.S. Department of Agriculture’s 2005 decision to allow the planting of Roundup Ready sugar beets across the U.S. In his order, Judge Jeffrey White told the USDA to complete an environmental impact statement examining the potential impacts of the genetically-engineered beets on organic seed growers and consumers. Roundup Ready sugar beets, developed by the agricultural biotechnology company Monsanto, are genetically engineered to tolerate the company’s herbicide, Roundup. In short, when Roundup, made of glyphosate, is applied to a field, the weeds die, and the beets don’t. The product is designed to boost yields and save labor costs and other growing expenses.
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REGULATORY ACTIONS

Air

Known quantities in air quality: Some firms report drop in toxic releases, though haze remains. — Peggy Heinkel-Wolfe, Denton Record-Chronicle, December 20, 2009
Benzene, toluene, xylene. Manganese. Lead. When these and other toxic substances ooze out from factories, blow from stockpiles or roil from smokestacks, Denton County’s mix of ozone and greenhouse gases can become a witch’s brew to breathe. Certain industries — but not all — must report their toxic releases into the air, soil and water to the Environmental Protection Agency each year. Overall, those reported releases have been decreasing in recent years, locally as well as nationally.
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Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for East Kentucky Power Cooperative, Inc.— Hugh L. Spurlock Generating Station; Maysville (Mason County), KY. — Environmental Protection Agency, Federal Register, December 22, 2009
Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated November 30, 2009, both granting and denying, in part, a petition to object to a merged prevention of significant deterioration (PSD) and state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to East Kentucky Power Cooperative, Inc. (EKPC) for its Hugh L. Spurlock Generating Station located in Maysville, Mason County, Kentucky. This Order constitutes a final action on the remaining two issues raised in the petition submitted by Sierra Club (Petitioner) on April 28, 2008. Pursuant to section 505(b)(2) of the CAA, any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307(b) of the Act.
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Notice of Issuance Federal Operating Permit to Great Lakes Gas Transmission Limited Partnership. — Environmental Protection Agency, Federal Register, December 22, 2009
This notice announces that, on October 2, 2009, pursuant to Title V of the Clean Air Act, EPA issued a Title V Permit to Operate (Title V permit) to Great Lakes Gas Transmission Limited Partnership (Great Lakes Gas). This permit authorizes Great Lakes Gas to operate two natural gas-fired turbine/compressors and one natural gas-fired standby electrical generator at Compressor Station #4 (CS#4) near Deer River, Minnesota. CS#4, which is located on privately-owned fee land within the exterior boundaries of the Leech Lake Band of Ojibwe Indian Reservation, adds pressure to natural gas in Great Lakes’ pipeline, causing the natural gas to flow to the next compressor station.
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EPA Seeks Small Business Input on Air Toxics Rule for Brick Production. —EPA News Release, December 22, 2009
The U.S. Environmental Protection Agency (EPA) wants recommendations from small businesses on the best way to regulate air toxics from the production of bricks and structural clay products such as roof tiles. EPA is inviting small businesses to nominate representatives to participate in a Small Business Advocacy Review Panel that will provide input into the development of the agency’s 2010 proposed rule for brick and structural clay products. This is a change from the past, when EPA selected panel members in consultation with the U.S. Small Business Administration, but did not invite small businesses to nominate representatives.
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EPA Adopts Strong Standards for Large Ships to Curb Air Pollution. —EPA News Release, December 22, 2009
The U.S. Environmental Protection Agency has finalized a rule setting tough engine and fuel standards for large U.S.- flagged ships, a major milestone in the agency’s coordinated strategy to slash harmful marine diesel emissions. The regulation harmonizes with international standards and will lead to significant air quality improvements throughout the country. “There are enormous health and environmental consequences that come from marine diesel emissions, affecting both port cities and communities hundreds of miles inland. Stronger standards will help make large ships cleaner and more efficient, and protect millions of Americans from harmful diesel emissions,” said EPA Administrator Lisa P. Jackson. “Port communities have identified diesel emissions as one of the greatest health threats facing their people – especially their children. These new rules mark a step forward in cutting dangerous pollution in the air we breathe and reducing the harm to our health, our environment, and our economy.”
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Prompted by Litigation from Friends of the Earth, EPA Issues Final Rule to Reduce Air Pollution from Ships. —Friends of the Earth News release, December 23, 2009
Nine years after Friends of the Earth filed a petition requesting more protective air pollution limits on large ships, and after two court battles in which Earthjustice represented Friends of the Earth, the U.S. Environmental Protection Agency (EPA) today publicly released final air pollution standards for ships.  The coordinated strategy, which includes this rule, would reduce harmful air pollutants from shipping by 80 percent or more by 2030, preventing between 12,000 and 31,000 premature deaths.
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L.A.-area air pollution could dip from new EPA rule on ships. — Louis Sahagun, The Los Angeles Times, December 23, 2009
Air pollution from U.S.-flagged oil tankers and cargo vessels will be reduced by about 80% under new engine and fuel standards finalized Tuesday by the U.S. Environmental Protection Agency, a move that could improve Los Angeles’ air quality. The new standards, however, will apply only to existing U.S.-flagged ships, which account for about 10% of the vessels that visit U.S. ports each year. The vast majority of the estimated 6,000 large ships that berth annually at the Los Angeles-Long Beach port complex are foreign-flagged.
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EPA Releases New Mobile Source Emissions Model. —EPA News Release, December 23, 2009
An updated version of the Motor Vehicle Emission Simulator (MOVES) model – MOVES2010 – is now available for use to estimate air pollution from cars, trucks, and other on-road mobile sources. The model can also calculate the emissions reduction benefits from a range of mobile source control strategies, such as inspection and maintenance programs and local fuel standards. EPA will soon publish a Federal Register notice approving MOVES2010 for meeting official state implementation plan and transportation conformity requirements. The MOVES2010 model replaces EPA’s MOBILE6.2 emissions factor model.
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Revisions to Lead Ambient Air Monitoring Requirements. —Environmental Protection Agency, Federal Register, December 23, 2009
The EPA issued a final rule on November 12, 2008, (effective date January 12, 2009) that revised the National Ambient Air Quality Standards (NAAQS) for lead and associated monitoring requirements. This action proposes revisions to the monitoring requirements in that final rule pertaining to where state and local monitoring agencies (“monitoring agencies”) would be required to conduct lead monitoring.
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Water

Environmental groups say Gary Works draft permit still comes up short. — Sarah Tompkins, NWI.com, December 20, 2009
Indiana is currently not limiting the discharge of some pollutants in U.S. Steel’s proposed new wastewater permit. That lack of limits was one critique of more than 20 written comments environmental groups, city and state officials and private individuals sent to the Indiana Department of Environmental Management during the draft’s public comment period, which ended Nov. 30. Other issues the critics noted include a decrease in the frequency of monitoring the discharges and a system of taking water into the plant they believe does not do enough to protect aquatic life.
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Great Lakes Legacy Act Ottawa River Cleanup Underway. —EPA News Release, December 22, 2009
U.S. Environmental Protection Agency, the Ottawa River Group and the state of Ohio began construction on phase one of a $49 million cleanup of the Ottawa River and Sibley Creek in Toledo, Ohio, on Dec. 19. Under EPA’s Great Lakes Legacy Act, the project partners will remove approximately 260,000 cubic yards of contaminated sediment from the river and creek. The goal of the project is to reduce impacts to human health and the environment on the Ottawa River. This is the eighth cleanup of a contaminated site under the Legacy Act.
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AP Enterprise: Feds mull regulating drugs in water. —Jeff Donn, The Associated Press, December 22, 2009
Federal regulators under President Barack Obama have sharply shifted course on long-standing policy toward pharmaceutical residues in the nation’s drinking water, taking a critical first step toward regulating some of the contaminants while acknowledging they could threaten human health. A burst of significant announcements in recent weeks reflects an expanded government effort to deal with pharmaceuticals as environmental pollutants:
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New Water Quality Regulations Passed. —San Clemente Times, December 23, 2009
Environmentalists are celebrating new water quality regulations passed by the San Diego Regional Water Quality Control Board on Dec. 16, but elements of the new Municipal Separate Storm Sewer Systems (known as MS4) leave unclear how cities are to regulate certain elements of the permit. “The permit was adopted and is effective immediately, although a number of specific requirements in the permit have phased-in deadlines by which certain actions must be completed or started,” said Tom Bonigut, San Clemente’s assistant city engineer and head of the city’s environmental programs. “The Board did amend what was the most troubling proposed requirement regarding Numeric Effluent Limits, and changed this to a plan for Numeric Action levels that was agreed to between Board staff, the regulated cities, EPA, and environmental organizations. In short, instead of requiring strict compliance with numeric limits for storm drain discharges (which is not in any other MS4 permit, not required by or consistent with the Clean Water Act, and would have put the cities in a situation of automatic non-compliance), the permit was changed to have action levels, which if exceeded would trigger certain follow up actions.”
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Other

EPA Seeks to Disclose Pesticide Inert Ingredients. —EPA News Release, December 22, 2009
The U.S. Environmental Protection Agency is requesting public comment on options for disclosing inert ingredients in pesticides. In this anticipated rulemaking, EPA is seeking ideas for greater disclosure of inert ingredient identities. Inert ingredients are part of the end use product formulation and are not active ingredients. Revealing inert ingredients will help consumers make informed decisions and will better protect public health and the environment. “Consumers deserve to know the identities of ingredients in pesticide formulations, including inert ingredients,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides and Toxic Substances. “Disclosing inert ingredients in pesticide products, especially those considered to be hazardous, will empower consumers and pesticide users to make more informed choices.”
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Draft Toxicological Review of Ethyl Tertiary Butyl Ether: In Support of the Summary Information in the Integrated Risk Information System (IRIS). — Environmental Protection Agency, Federal Register, December 22, 2009
EPA is announcing that Eastern Research Group, Inc. (ERG), an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer  review workshop to review the external review draft document titled, ‘‘Toxicological Review of Ethyl Tertiary Butyl Ether: In Support of Summary Information on the Integrated Risk Information System (IRIS)’’ (EPA/635/ R–08/019A). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA’s Office of Research and development. EPA previously announced the 60-day public comment period (ending October 19, 2009) for the draft document in the Federal Register on August 20, 2009 (74 FR 42069). EPA will consider public comments and recommendations from the expert panel workshop as EPA finalizes the draft document.
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EPA Moves Toward Banning Controversial Flame Retardant. —Rob Manning, OPB News, December 22, 2009
The chemical deca brominated diphenyl ether is usually called deca-BDE.  It’s a type of flame retardant often found in consumer plastics, primarily electronics. Last July, environmental groups convinced Oregon lawmakers to ban deca-BDE, because studies showed it threatened the health of fish, wildlife, and people. Bob Sallinger with the Audubon Society of Portland helped overcome significant opposition from the chemical industry, to pass Oregon’s deca-BDE law. But he says national action was still necessary.
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Byrd Talks to EPA About Coal Mining Permits. — The Associated Press, December 22, 2009
West Virginia Sen. Robert C. Byrd is asking the U.S. Environmental Protection Agency to develop a clear set of rules for issuing coal mining permits. Byrd made his request Monday during a meeting with EPA Administrator Lisa Jackson. Jackson requested the meeting and it’s the second time the two have talked about the permitting of coal mines in West Virginia. Byrd says the EPA must work with other regulatory agencies and others to develop a clear set of rules for issuing mining permits. The two also discussed the need for all to maintain a civil discourse if a resolution is to be found. Earlier this month, Byrd issued a statement saying the coal industry wasn’t helping its cause by attacking opponents and sowing fear in the Appalachian coalfields.
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Other Articles on the Same Topic:

EPA: Refined permit process coming; Byrd urges clarity. —Mannix Porterfield, The Register-Herald, December 23, 2009
While no stalled permits came up in their talk, Sen. Robert C. Byrd gained an assurance from the head of the Environmental Protection Agency that a refined structure is coming to deal with surface mine applications. “It seemed to be a very positive discussion,” aide Jesse Jacobs said Tuesday, a day after Byrd met with EPA Administrator Lisa Jackson at her invitation. Byrd recently scolded the coal industry over what he termed “scapegoating” in the controversy over 79 pending permits across Appalachia, 23 of them in West Virginia.
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Governor & Shady Cove oppose FERC pipeline decision. —Upper Rogue Independent, December 21, 2009
On Dec. 17 immediately after learning that federal regulators had approved the pipeline project from Coos Bay to Southern Oregon, Governor  Kulongoski and Attorney General John Kroger announced Oregon will request rehearing of the decision authorizing the Jordan Cove Liquefied Natural Gas (LNG) import facility and associated Pacific Connector pipeline. “Today’s decision by FERC does not address Oregon’s very real concerns about the environmental impact of the pipeline associated with the proposed LNG facility,” said  Kulongoski. “The information guiding this decision is woefully inadequate to license a project with such profound potential impacts on the lives of Oregonians and we will appeal to FERC to ensure the people of Oregon’s concerns are fully addressed.”
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Delay in Coal Ash Regulation Announcement May Reflect Inter-Agency Difficulties. — GLG News, December 22, 2009
The U.S. Environmental Protection Agency has announced that its proposal for changing coal ash disposal regulations will not be released publicly this year as expected. In announcing the delay, the agency said it is “still actively clarifying and refining parts of the proposal.” Some parties have interpreted the delay as a softening in EPA’s position, which is rumored to favor designation of coal ash as a hazardous waste when destined for disposal. Just as likely, however, is the possibility that EPA is locked in a struggle with other federal agencies over the timing and substance of the agency’s proposal.
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STATE & FEDERAL ENVIRONMENTAL LEGISLATION

Why the Copenhagen Accord boosts the odds for Senate passage of bipartisan climate legislation. — Daniel J. Weiss, Grist, December 21, 2009
The 15th United Nations climate summit has just ended in Copenhagen after a tense two weeks of negotiations between the developed and developing world. An “environmental Woodstock” to some, a high stakes diplomatic showdown to others, the meeting led to some critical but incomplete agreements. Now that it’s over, the world’s attention will focus on the United States Senate as it plans to consider clean energy and global warming legislation in 2010. The newly inked Copenhagen Accord, along with other factors, increases the odds for Senate passage of clean energy jobs and global warming legislation.
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Senate Agrees to Vote on Proposal to Halt EPA’s CO2 Action. — Ian Talley, The Wall Street Journal, December 23, 2009
The Obama administration may be forced to delay new greenhouse-gas regulations for a year under a Senate Republican proposal that the Democratic leadership has agreed to allow a vote on in early 2010. As part of a deal on a bill to increase the nation’s debt limit, Majority Leader Harry Reid (D., Nev.) will allow the GOP to submit a controversial amendment to temporarily suspend new emissions regulation. The agreement was reached late Tuesday.
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OTHER ENVIRONMENTAL NEWS

Air

DEQ against White House limits on greenhouse gases. —The Associated Press, December 19, 2009
The Louisiana Department of Environmental Quality says the Obama administration’s move to impose federal limits on climate-changing pollution could have a “devastating economic impact.” DEQ Secretary Harold Leggett sent a letter Friday to the Environmental Protection Agency blasting EPA’s recent finding that global warming from manmade greenhouse gases endangers Americans’ health. He says the finding could force the sale of more fuel-efficient vehicles and require plants to install costly new equipment — at a cost of billions or even many tens of billions of dollars — or shift to other forms of energy.
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Waste

EPA launches criminal investigation into BP spill. —Ashton Goodell, KTUU.com, December 21, 2009
The Environmental Protection Agency launched a criminal investigation into a major oil spill on the North Slope. Nearly 46,000 gallons of crude oil spilled after a BP pipeline ruptured. The Department of Conservation is conducting a separate civil investigation to see if BP violated state laws. They say it’s too early to know what went wrong. BP says it’s working with investigators, but had no specific comment on the investigation.
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BP discovers leak at Alaska oil pipe, no output hit. —Reuters, December 22, 2009
BP has discovered a leak in an oil pipeline from one well at the giant Prudhoe Bay field, the third pipeline leak reported by the oil major over the past month on Alaska’s North Slope. BP said there was no “appreciable” impact to production from the event, which spilled a mixture of oil, produced water and natural gas at Prudhoe Bay, the largest U.S. oil field.
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BP Faces Federal, State Investigations Into Alaska Spills. — The Wall Street Journal, December 22, 2009
Federal and Alaska investigators are examining BP Plc (BP) after two recent oil spills, a new black eye for a company that pleaded guilty to a U.S. government criminal charge two years ago for its management of oil fields in the state. The U.S. Environmental Protection Agency is investigating a large oil spill that occurred Nov. 29 at a BP pipeline on Alaska’s North Slope, and the agency is working with the FBI and state agencies to determine the circumstances that led to the spill, said EPA spokesman Mark MacIntyre.
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Water

TVA Ash Spill Not Endangering Fish Downstream: EPA. —EPA News Release, December 22, 2009
The Environmental Protection Agency says chemicals in the Emory River from last year’s massive coal ash spill aren’t harming fish populations downstream. The EPA is monitoring for effects of elements like arsenic and selenium. EPA’s Craig Zeller oversees longterm restoration at the Kingston site, some 30 miles West of Knoxville. He says selenium can diminish fish reproduction, but arsenic poses the greater danger to humans. Both can bioaccumulate, meaning they can build up and stay in tissue. But while ash contains both elements, Zeller says they tend not to spread in water.
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The James River receives a “C+” — Virginia’s longest waterway still needs improvement. —Cory Nealon, Daily Press, December 21, 2009
The James River is slightly healthier now than two years ago, but pollution remains a problem and key species of fish are struggling to rebound from historic lows. The mixed bag is the latest assessment from the James River Association, a 33-year-old nonprofit that today released its biennial report card on the historic river. The James earned a “C+,” a modest improvement from the “C” it received two years ago.
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NYC urges ban on shale gas drilling in watershed. — Edith Honan, Reuters, December 23, 2009
New York City urged the state to ban natural gas drilling in its watershed on Wednesday, becoming the most powerful opponent to date of a process that critics say is poisoning drinking water. Shale gas trapped deep underground is considered one of the most promising sources of U.S. energy, but environmentalists and small-town neighbors of drilling operations — and now the biggest city in the United States — are seeking to limit its exploitation. The drilling process known as hydraulic fracturing, or “fracking,” involves blasting through rock with a mixture of water, sand and a proprietary list of chemicals used to split the shale formation and free trapped gas.
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Other Articles on the same Topic:

New York City Wants Ban on Drilling in Its Watershed. — Jim Polson, Bloomberg.com, December 23, 2009
New York, the largest U.S. city, called on state officials to ban drilling for natural gas in the watershed that supplies drinking water for its population of more than 9 million people. Natural-gas production using hydraulic fracturing and horizontal drilling, techniques that crack thousands of feet of rock so that the fuel can escape presents “unacceptable threats” to drinking water, the city’s acting environmental commissioner, Steven Lawitts, said today in an e-mailed statement.
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NYC says Catskill gas drilling risks are too great. — Mary Esch, The Associated Press, December 23, 2009
New York City’s Department of Environmental Protection called on state officials Wednesday to ban natural gas drilling in the Catskills watershed, saying it would pose too great a risk to the city’s upstate drinking water system. The DEP took that position in response to the state Department of Environmental Conservation’s draft regulations on gas drilling in New York’s portion of the Marcellus Shale region, which includes parts of the Catskills where reservoirs supply drinking water for 9 million people. The state is taking public comments on its 800-plus page draft until Dec. 31. The city DEP had withheld comment pending its own lengthy review of the potential risks of gas exploration using hydraulic fracturing, which blasts millions of gallons of chemical-laced water deep into the shale to release trapped gas.
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Oil leak detected at Columbia River dam. —The News Tribune, December 24, 2009
The Army Corps of Engineers, U.S. Environmental Protection Agency and Washington Department of Ecology emergency response teams were dealing Wednesday with an oil leak from a transformer at The Dalles Lock and Dam on the Columbia River near The Dalles. Light mineral-type oil leaked from a spare transformer outside of the powerhouse on the lower deck of the dam Wednesday morning after a valve failed on the transformer, according to the Corps. The transformer has a capacity of 6,500 gallons of oil; about half has been recovered.
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Rivers cleaner, Ohio EPA says. —Spencer Hunt, The Columbus Dispatch, December 24, 2009
Ohio’s largest rivers and streams are a lot cleaner these days — at least on paper. More than 93 percent of the state’s largest 23 rivers and creeks, including the Scioto River in central Ohio, now meet Ohio Environmental Protection Agency water-quality standards for fish and aquatic wildlife, according to a draft report the agency released this week. A year ago, the agency reported that 79 percent met the standards. The report attributes the increase to recent surveys that showed improvements in wildlife in the Cuyahoga, Licking, Little Miami, Mohican and Walhonding rivers and a portion of the Great Miami River.
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Climate Change

Copenhagen climate deal shows new world order may be led by U.S., China. — Anthony Faiola, Juliet Eilperin and John Pomfret, The Washington Post, December 20, 2009
If the talks that resulted in an imperfect deal to combat global warming provided anything, it was a glimpse into a new world order in which international diplomacy will increasingly be shaped by the United States and emerging powers, most notably China. Friday’s agreement, sources involved in the talks said, boiled down to President Obama and Chinese Premier Wen Jiabao personally hammering out a pact both could live with, even if many other leaders could not. Wen even squelched his own negotiator’s protests.
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Climate change accord acknowledged. — Li Xing, China Daily, December 19, 2009
The 15th United Nations Climate Change Conference, or COP15, is moving to formally acknowledging a new accord for tackling global warming. However, the key tasks that the delegates have come to Copenhagen for have not finished yet. Many delegates as well as NGO representatives have expressed disappointment. The conference of the parties takes note of the Copenhagen Accord,” said a final draft decision at the 193-nation negotiations that stopped short of approving the deal. The draft decision was tabled for final deliberation after hours of consultations — some led by UN Secretary-General Ban Ki-moon – throughout Friday night and whole Saturday morning, with many countries opposing to or making reservations about the accord. The accord highlighted the gravity of the climate change as “one of the greatest challenges” on earth.
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India Calls For Collaborative Response To Tackle Climate Change. — Nilanjana Bhowmick, AHN India Correspondent, December 19, 2009
India’s Prime Minister, Manmohan Singh said that while it might be difficult to reconcile various points of views in the Copenhagen climate summit, “nevertheless, it can become a significant milestone.” He called for support to build a “truly global and genuinely collaborative response to climate change being concluded during 2010.” The PM said that prior to negotiations the leaders should take stock of lessons learnt from previous summits.
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More Than 100 Groups Endorse Petition to EPA to Cap Carbon Dioxide Pollution at 350 Parts Per Million. —Center for Biological Diversity, December 21, 2009
More than 100 groups have issued a letter supporting a legal petition filed earlier this month by the Center for Biological Diversity and 350.org that would require the Environmental Protection Agency to scientifically establish national safe limits for carbon dioxide and other greenhouse gas pollution under the Clean Air Act. The petition seeks to have greenhouse gases designated as “criteria” air pollutants and atmospheric CO2 capped at 350 parts per million (ppm), the level leading scientists say is necessary to avoid the worst impacts of global warming. The letter states: “We are writing in support of the petition filed by the Center for Biological Diversity and 350.org to cap greenhouse gas pollution under the Clean Air Act[’s]. . . national ambient air quality (NAAQS) program. . . For four decades, the Clean Air Act has protected the air we breathe through a proven, successful system of pollution control that saves lives and creates economic benefits exceeding its costs by many times. It’s time to fully use our strongest existing tool for reducing greenhouse gas pollution: the Clean Air Act.”  Individuals supporting the petition include eminent climate scientist Dr. James Hansen and Sierra Club Board Member Dr. Michael Dorsey.
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Obama: climate change disappointment justified. —The Associated Press, December 23, 2009
President Barack Obama says the public is justified in its disappointment with the outcome of the United Nations climate change summit. Despite statements from his advisers proclaiming the summit’s nonbinding agreement a great step forward, Obama says it didn’t take the steps necessary to combat the effects of climate change. The accord Obama helped broker last week urges major polluters to make deeper emissions cuts but does not require them to do so. Still, despite its shortcomings, Obama says the agreement was better than doing nothing. Obama made his remarks in an interview with PBS NewsHour.
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Other

EPA, USDA push farmers to use coal waste on fields. — Rick Callahan, The Associated Press, December 21, 2009
The federal government is encouraging farmers to spread a chalky waste from coal-fired power plants on their fields to loosen and fertilize soil even as it considers regulating coal wastes for the first time. The material is produced by power plant “scrubbers” that remove acid rain causing sulfur dioxide from plant emissions. A synthetic form of the mineral gypsum, it also contains mercury, arsenic, lead and other heavy metals.
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‘Green’ charcoal plant is planned. —BBC News, December 22, 2009
A university has been given almost £180,000 to build a purpose-built facility to create “biochar,” or charcoal made from “cooked” bio-wastes.No location has been agreed, but Aberystwyth University expects it to be ready within 18 months. The assembly government’s Academic Expertise for Business programme is funding the scheme. Researchers say biochar can improve farm productivity and cut demand for carbon-intensive fertilisers.
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Ocean zoning. —Cape Cod Times, December 22, 2009
Well, it took nearly seven years, but the federal government is finally poised to implement a comprehensive ocean management plan. When the developers of Cape Wind staked a claim in the middle of Nantucket Sound, it became painfully obvious that the nation lacked an effective marine regulatory process that included local and regional stakeholders. As far back as February 2003, we urged the federal government to establish a zoning plan for the ocean, much like towns zone public and private land for residential, commercial and industrial uses.
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New approach to snow, ice removal reduces harm. —Larry Copeland, USA Today, December 22, 2009
Communities in cold climates around the USA are changing their approach to snow and ice removal from highways in an effort to reduce potential harm to wildlife and vegetation caused by road salt runoff. Melting snow and ice and rain cause salt to run off roads onto vegetation and soil and into ditches, eventually seeping into streams, lakes and rivers. The runoff harms frogs, fish and other aquatic life and some roadside vegetation. Runoff from road salt has been found in residential drinking wells in some Northeastern and Midwestern states.
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Two of three California homes had excessive formaldehyde levels. — Green House – USA Today, December 24, 2009
Two-thirds of single-family homes built in California in recent years had substandard indoor air quality and excessive formaldehyde levels, partly because residents didn’t open their windows for ventilation, according to a new state report. “Nearly all homes had formaldehyde concentrations that exceeded guidelines for cancer and chronic irritation, while 59 percent exceeded guidelines for acute irritation,” reports the California Environmental Protection Agency’s Air Resources Board.
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State seeks NDK data on pollution from blast. —Rockford Register Star, December 23, 2009
Illinois Environmental Protection Agency Director Doug Scott has asked the Illinois attorney general’s office to force NDK Crystal to disclose what chemicals from its Belvidere plant may have polluted the soil, air and water after a Dec. 7 explosion at the Crystal Parkway facility. The company, which manufactures synthetic quartz crystals for computers, phones, liquid crystal displays and other electronics, could face a lawsuit from the attorney general’s office if it does not comply.
Approximately 800 to 850 gallons of sodium hydroxide solution, as well as quartz crystals, were released into the atmosphere during the explosion, according to a news release issued Wednesday by Scott’s office. Wastewater containing process chemicals also may have been discharged through the facility’s floor drains. Such pollutants ultimately seep into nearby water sources via surface runoff.
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EPA, USDA push farmers to use coal waste on fields. — Rick Callahan, The Associated Press, December 22, 2009
The federal government is encouraging farmers to spread a chalky waste from coal-fired power plants on their fields to loosen and fertilize soil even as it considers regulating coal wastes for the first time. The material is produced by power plant “scrubbers” that remove acid rain-causing sulfur dioxide from plant emissions. A synthetic form of the mineral gypsum, the material also contains mercury, arsenic, lead and other heavy metals.
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BLOGS

S.787 – The Clean Water Restoration Act and its potential impact in Arizona. — Gregory McKim, Examiner.com, December 21, 2009
A new bill to amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States has been proposed by Senator Russell Feingold of Wisconsin and currently has 24 co-sponsors in the senate. The bill was introduced and referred to the Environment and Public Works Committee on April 2nd, of 2009. The Open Congress web site dedicated to providing citizens information about the laws being made in Washington D.C. gives the following official summary of the bill:
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December 21, 2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. For the next two weeks, I have added a special section on the Copenhagen Climate Talks.  If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@taberlaw.com with the word “subscribe” in the subject line.

COPENHAGEN CLIMATE CHANGE SUMMIT

Biz Groups Wade Into Climate Talks. — Imelda V. Abano, Business Mirror, December 14, 2009
Global business leaders assembled at the climate summit called for ambitious, global action on climate change, hoping that their presence will show how important the outcome of the international decisions and agreements is to their industry. “Business recognizes that there are challenges for all, for developing and developed countries, business and consumers, and is ready to take a lead now,” said Carlos Busquets, policy manager for the International Chamber of Commerce’s (ICC) environmental and energy commission. “The level of interest among businesses is absolutely huge.”
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Explaining basics of the Copenhagen climate summit. — The Associated Press, December 13, 2009
World leaders are arriving in Copenhagen this week to forge the framework of a plan to limit the causes of global warming, seeking to prevent catastrophic changes to the climate. Q: What would such a framework involve? A: There are two key elements:
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Building an effective and just climate agreement. — The COP15 Post, December 14, 2009
As industrialized countries are responsible for 70% of the carbon dioxide emitted into the atmosphere since the start of the industrial revolution, they have incurred a debt that must be repaid, says Indian environmentalist Sunita Narain. The world has still not learned the first lesson of climate change – to share atmospheric space so growth can be shared equally. But this will require political sagacity, leadership and courage. Global warming is possibly the biggest and most difficult economic and political issue the world has ever needed to confront. The question is if the rich world, responsible for the stock of emissions already in the common atmosphere, will find the resources to pay the victims of its economic excesses? Will it find the resources to pay for the much-needed transition to low carbon economies? The issues are clear. But the answers are lost in prevarication and pretence.
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The push for 350: Contradictions and carbon levels. — Seth Borenstein, The Associated Press, December 13, 2009
As police cracked down on climate protesters, church bells tolled 350 times Sunday to impress on the U.N. global warming conference a number that is gaining a following, but is also awash in contradictions. Conference negotiators went behind closed doors in talks to pin down an elusive new pact on climate, talks in which the figure 350 looms as a goal for true believers, but one that appears impossible based on progress so far. It refers to 350 parts per million of carbon dioxide in the atmosphere, the highest concentration that some leading scientists say the world can handle without sparking dangerous climate effects.
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Agriculture Secretary Tom Vilsack Highlights Role of Agriculture in Climate Change. — United States Department of Agriculture News Release, December 12, 2009
Secretary Tom Vilsack spoke at “Agriculture and Rural Development Day,” a day-long event at the University of Copenhagen with more than 300 policy makers, negotiators, rural development practitioners, producers, civil society and leaders from the agricultural and climate change scientific community. The purpose of the event was to assemble a plan for incorporating agriculture into the post-Copenhagen climate agenda. Vilsack also participated in a number of break-out sessions.
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Time for a Smarter Approach to Global Warming. — Bjorn Lomborg, The Wall Street Journal, December 15, 2009
The saddest fact of climate change—and the chief reason we should be concerned about finding a proper response—is that the countries it will hit hardest are already among the poorest and most long-suffering. In the run-up to this month’s global climate summit in Copenhagen, the Copenhagen Consensus Center dispatched researchers to the world’s most likely global-warming hot spots. Their assignment: to ask locals to tell us their views about the problems they face. Over the past seven weeks, I recounted in these pages what they told us concerned them the most. In nearly every case, it wasn’t global warming.
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David Shestokas: Warming treaty does not give up U.S. sovereignty. — David Shestokas. Fort Myers News-Press, December 15, 2009
While in Copenhagen attending the United Nations Climate Change Conference, President Obama is expected to pledge to reduce U.S. greenhouse emissions to levels 17 percent below those of 2005. Copenhagen organizers hoped for a treaty regarding greenhouse emissions involving more than 100 countries world wide. The treaty will not be completed, but work will continue. The proposed treaty aims to reduce emissions by the largest producers of greenhouse gases. There are mechanisms for payments to less developed countries by those industrially established. These payments would be determined by an international body created by the treaty. Concerns have been expressed that such a plan would cost the United States control over both its budget and its environmental policy.
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Anti-climate change, anti-human. — Anne Applebaum, The Washington Post, December 15, 2009
There is no nihilism like the nihilism of a 9-year-old. “Why should I bother,” one of them recently demanded of me, when he was presented with the usual arguments in favor of doing homework: “By the time I’m grown up, the polar ice caps will have melted and everyone will have drowned.” Watching the news from Copenhagen last weekend, it wasn’t hard to understand where he got that idea. Among the tens of thousands demonstrating outside the climate change summit, some were carrying giant clocks set at 10 minutes to midnight, indicating the imminent end of the world. Elsewhere, others staged a “resuscitation” of planet Earth, symbolically represented by a large collapsing balloon. Near the conference center, an installation of skeletons standing knee-deep in water made a similar point, as did numerous melting ice sculptures and a melodramatic “die-in” staged by protesters wearing white, ghost-like jumpsuits.
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At climate talks, key decisions unresolved. — Juliet Eilperin, The Washington Post, December 16, 2009
As world leaders begin gathering here to hammer out a climate deal in two days, some key decisions still haven’t been made. It’s unclear how to fund a deal that could involve the transfer of billions of dollars from industrialized countries to the developing world; delegates remain at loggerheads over which mechanisms should be employed to reduce emissions; and there is continuing debate about how to monitor compliance with a treaty.
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Internal Stresses Begin to Crack the Bloc of Developing Nations at Climate Talks. — Lisa Friedman, Climatewire in The New York Times, December 17, 2009
Developing countries have formed a powerful interest bloc in climate talks over the years, fighting collectively for the rights of poor nations. That’s starting to fall apart. Like any diverse set of countries, the G-77 — which is actually a grouping of about 130 nations — juggles competing interests. Some, like Mali, are among the poorest countries on Earth. Others, like China, enjoy annual average growth rates of more than 9 percent. Oil interests compete with agriculture needs; fears of sea level rise compete with the need for fast money to help avert crop disasters. All of them, though, suffer from vast poverty, and most are among the most vulnerable to climate change.
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U.S. says it could help raise $100 billion to fight climate change. — Jim Tankersley, The Los Angeles Times, December 17, 2009
Attempting to revive climate negotiations that appear dangerously close to flat-lining, the Obama administration announced today that it would join allies in raising $100 billion by 2020 to help the world’s poorest countries adapt to climate change. Secretary of State Hillary Rodham Clinton said in a press conference here that the unspecified American share of the money would come from public and private sources, would fund measures such as protecting carbon-heavy forests from logging and would be contingent upon nations reaching a broad agreement here that would lay the groundwork for a new treaty to combat global warming.
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Big Business Best Hope For Combating Climate Change. — David Cottle, The Wall Street Journal, December 17, 2009
Whatever future climate change is silently stockpiling for us up there in the high atmosphere, over in Copenhagen we can see the clearest possible evidence that the international political climate remains utterly unchanged; as riven as ever by self interest, hubris and timidity. At the time of writing it looks unlikely that national leaders arriving late to the United Nations’ Climate Change Summit in the Danish capital will have an epoch-changing deal to set their hands to when it wraps up. No Son of the Kyoto Protocol will be born on the shores of the presumably-warming Baltic. The poor underlings who’ve been toiling there for nearly two weeks already have found the diplomatic going very heavy indeed, as various exasperated media appearances have shown us.
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Climate deal on ships and planes seen slipping away. — Pete Harrison, Reuters, December 16, 2009
Climate negotiators warned on Wednesday they may miss the opportunity to cap emissions from shipping and aviation and so miss out on billions of dollars in taxation to help poor countries cope with climate change. With just two days left to reach a new U.N. climate change deal, negotiators say they are still a long way from agreeing targets for shipping and aviation, which together produce as much as 8 percent of the world’s climate-warming emissions.
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UN document shows Copenhagen summit falling short. — John Heilprin, The Associated Press, December 17, 2009
Carbon emissions cuts pledged at U.N. climate talks would put the world on “an unsustainable pathway” toward average global warming 50 percent higher than industrial countries want, a confidential U.N. draft document showed Thursday. The document, obtained by The Associated Press, forecast that the average global temperature would rise in coming decades by 3 degrees Celsius (5.4 degrees Fahrenheit) compared to pre-industrial levels. The world has already warmed a bit, so that would mean an additional 2.3 degrees Celsius (4.1 degrees Fahrenheit) warming from the present day.
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Global warming a tough sell for the human psyche. — Malcolm Ritter, The Associated Press, December 17, 2009
The Copenhagen talks on climate change were convened with a sense of urgency that many ordinary folks don’t share. Why is that? One big reason: It’s hard for people to get excited about a threat that seems far away in space and time, psychologists say. “It’s not in people’s faces,” said psychologist Robert Gifford of the University of Victoria in British Columbia. “It is in the media, but not in their everyday experience. That’s quite a different thing.”  The consequences of global warming are seen as occurring in far-off places, he said: “It’s happening up in the Arctic or it’s happening in Bangladesh, and it’s not happening in my backyard.” And the slow changes are not as attention-grabbing as a “fast disaster” like an earthquake, he said.
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President Obama to Push for Climate Change Agreement. — Karen Travers and Kirit Radia, ABC News, December 17, 2009
With the clock ticking, President Obama will travel to Copenhagen tonight in a last-minute attempt to finalize a global climate change agreement that has become mired in debate in recent days. After an overnight flight from Washington, Obama will join more than 100 world leaders who are gathered on the last day of the United Nations conference to try and reach a deal. German Chancellor Angela Merkel and Australian Prime Minister Kevin Rudd have expressed frustration at the lack of progress in Copenhagen, with Rudd admitting that the negotiations were “sticky.” Obama’s arrival at the table is seen as a strong signal that a final deal is possible, but negotiators are continuing to hash out details on the eve of his arrival.
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China Mulling Clinton’s Climate Change Offer. — Kent Garber, U.S. News & World Report, December 17, 2009
“What do you think of Hillary Clinton’s announcement?” a reporter yelled to He Yafei, China’s vice foreign minister, as he attempted to walk off stage. Looking away, Yafei said nothing. Another Chinese official, asked the same question a few minutes later, said, “The press conference by the minister is over. I myself have another meeting to attend.” When China’s answer does come, today or tomorrow, it no doubt will go a long way toward determining the final outcome of the talks.
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Mayors Seek Role in Climate Regulation. — James Kanter, The New York Times, December 17, 2009
One of the busiest corners of the packed building where the United Nations climate conference in Copenhagen is taking place belongs to a group called Local Governments for Sustainability. The group has been holding standing-room-only presentations since the beginning of the conference, with mayors including Michael Bloomberg and Marcelo Ebrard of Mexico City presenting their environmental achievements and lobbying for a leading role in any agreement that emerges this week.
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Obama, Wen seek climate change agreement. — The Oval, December 18, 2009
Perhaps the most important one-on-one meeting at the Copenhagen climate change talks has taken place, but the outcome is unclear. President Obama met privately for nearly an hour with Chinese Premier Wen Jiabao in hopes of breaking a deadlock on a final document that the gathered nations can agree to — one that sets targets for greenhouse gas emissions and financial aid to developing nations.
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As climate negotiators stalemate, industry acts. — James B. Kelleher, Reuters, December 14, 2009
The apparently deadlocked effort by delegates from nearly 200 countries meeting in Copenhagen to reach a deal to combat climate change has highlighted the considerable political challenges involved in lowering global greenhouse gas emissions. The technical challenges involved in cleaning up the power plants, factories and vehicles that produce many of the gases linked to global warming have been just as challenging, though they have generated far less mainstream interest than this month’s negotiations over a climate treaty. In part that is because industry — often cast as the villain in environmental matters — has engaged the issue in a more constructive way and with a more cooperative spirit than the feuding negotiators in Copenhagen.
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Climate Summit Ends With Deal. — Alessandro Torello and Stephen Power, The Wall Street Journal, December 18, 2009
The White House said Friday that U.S. President Barack Obama, Chinese Premier Wen Jiabao, Indian Prime Minister Manmohan Singh and South African President Jacob Zuma reached a “meaningful agreement” for combating climate change. The deal was described by an administration official as “not sufficient to combat the threat of climate change but it’s an important first step.” The White House official said developed and developing countries have agreed to listing their national actions and commitments to reduce greenhouse gas emissions. There will be a mechanism to funnel money to help developing nations pay for technology and projects to cope with the affects of climate change, such as rising sea levels.
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Obama: “meaningful breakthrough” on climate change. — Jennifer Loven, The Associated Press, December 19, 2009
President Barack Obama announced Friday a “meaningful and unprecedented breakthrough” on a global effort to curb climate change. But Obama said, “It is going to be very hard, and it’s going to take some time” to get to a legally binding treaty. A deal reached by the United States, China, India, South Africa and Brazil includes a method for verifying reductions of heat-trapping gases, a senior administration official said. The official, speaking on the condition of anonymity before Obama spoke, characterized the deal as a first step, not yet enough to combat the threat of a warming planet.
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Climate talks end without real agreement. — Juliet Eilperin and Anthony Faiola, The Washington Post, December 19, 2009
After two weeks of rancor and uncertainty, the U.N.-sponsored climate talks ended Saturday morning with negotiators choosing to “take note” of an agreement brokered by the United States but failing to adopt it as an official decision of the U.N. Framework Convention on Climate Change. The anti-climactic ending to an intense final round of negotiations underscored the incomplete nature of the accord, which provided for monitoring emission cuts in individual countries but set no overall global target for cutting greenhouse gases and no deadline for reaching a formal international treaty.
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Climate change accord acknowledged. — Li Xing, China Daily, December 19, 2009
The 15th United Nations Climate Change Conference, or COP15, is moving to formally acknowledging a new accord for tackling global warming. However, the key tasks that the delegates have come to Copenhagen for have not finished yet. Many delegates as well as NGO representatives have expressed disappointment. The conference of the parties takes note of the Copenhagen Accord,” said a final draft decision at the 193-nation negotiations that stopped short of approving the deal. The draft decision was tabled for final deliberation after hours of consultations — some led by UN Secretary-General Ban Ki-moon – throughout Friday night and whole Saturday morning, with many countries opposing to or making reservations about the accord.
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India Calls For Collaborative Response To Tackle Climate Change. — Hilanjana Bhowick, All Headline News – India, December 19, 2009
India’s Prime Minister, Manmohan Singh said that while it might be difficult to reconcile various points of views in the Copenhagen climate summit, “nevertheless, it can become a significant milestone.” He called for support to build a “truly global and genuinely collaborative response to climate change being concluded during 2010.” The PM said that prior to negotiations the leaders should take stock of lessons learnt from previous summits.
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SETTLEMENTS

U.S. EPA and the Port of Stockton Agree on Improved Management of Storm Water Discharges to the San Joaquin River. — EPA News Releases, December 14, 2009
The U.S. Environmental Protection Agency has reached an agreement with California’s Port of Stockton to correct deficiencies in the port’s storm water program in an effort to bring it into compliance with the Clean Water Act and improve water quality in the San Joaquin River. In a 2008 audit of the ports storm water management and control systems, the U.S. EPA and the Central Valley Regional Water Quality Control Board found deficiencies with the port’s permit program concerning construction and industrial oversight, municipal operations, standard development, and toxicity monitoring. Discharges from the port’s sewer system flow directly or indirectly to the San Joaquin River.
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Settlement means millions of dollars for Coeur d’Alene Basin cleanup. — KLEW Web Staff, KLEW-TV, December 13, 2009
U.S. Fish and Wildlife issued the following news release Thursday explaining the settlement for restoration of the Silver Valley: Millions of dollars will go toward correcting more than a century of mining pollution in Idaho’s Coeur d’Alene Basin under the terms of an environmental damage settlement announced Thursday by Secretary of the Interior Ken Salazar. The settlement, the largest bankruptcy settlement for natural resource restoration in U.S. history, awards approximately $79.4 million to partially restore natural resources in Idaho’s Coeur d’Alene Basin damaged by the mining operations that gave the basin the name “Silver Valley.” In addition, $28.9 million will be held by the Successor Coeur d’Alene Custodial and Work Trust to be used to perform work selected by the Environmental Protection Agency as part of its comprehensive remedy at the Coeur d’Alene Site and prioritized by Interior and USDA/FS as co-Natural Resource Trustees.
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Former fire chief admits illegally removing asbestos. — Heather Ratcliffe, St. Louis Post-Dispatch, December 10, 2009
The former president and chief of the Northeast Ambulance and Fire Protection District pleaded guilty in St. Louis federal court today to federal clean air violations. Joseph L. Washington, who was fired earlier this month as fire chief, admitted that while he was president of the district’s board that he illegally removed asbestos from the district’s offices in Beverly Hills. He pleaded guilty to one count of violating the Clean Air Act. In return, the U.S. Attorney’s office dropped four other felony counts against him. Those charges also included lying on federal bankruptcy documents about his wife’s income.
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Settlement for Old Southington Landfill Superfund Site Ensures Protections from Contaminated Groundwater. — EPA News Releases, December 15, 2009
Two settlements were recently entered into Federal Court that will provide the funding to perform ongoing work at the Old Southington Landfill Superfund Site in Southington, Conn. to protect people from groundwater contamination The settlement was agreed to by EPA, the U.S. Department of Justice, the State of Connecticut and numerous settling parties. The agreements are formalized in two consent decrees which were entered at the Federal District Court for the District of Connecticut on Nov. 23. Together, the two consent decrees call for clean up work to proceed, as described in EPA’s Sept. 2006 “Record of Decision” for the site, and establishes funding responsibilities among “potentially responsible parties” to help finance the cleanup remedy.
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Companies that Illegally Exported Electronic Waste to Hong Kong Agree to Pay Over $21,000 Penalty. — EPA News Releases, December 15, 2009
Two companies that illegally exported computer monitor waste to Hong Kong agreed to pay a fine of over $21,000, according to the Environmental Protection Agency. Ziliang Zhu, doing business as W and E International Trading, and SM Metals, LLC, —currently doing business as Better PC Recycle in Lakewood, Wash.—generated the shipment of over 500 discarded computer monitors and attempted to export them to Hong Kong in April. The Hong Kong Environmental Protection Department notified EPA of the hazardous waste shipment and returned it to the Port of Tacoma in May.
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Settlement for Old Southington Landfill Superfund Site Ensures Protections from Contaminated Groundwater. — EPA News Releases, December 15, 2009
Two settlements were recently entered into Federal Court that will provide the funding to perform ongoing work at the Old Southington Landfill Superfund Site in Southington, Conn. to protect people from groundwater contamination The settlement was agreed to by EPA, the U.S. Department of Justice, the State of Connecticut and numerous settling parties. The agreements are formalized in two consent decrees which were entered at the Federal District Court for the District of Connecticut on Nov. 23. Together, the two consent decrees call for clean up work to proceed, as described in EPA’s Sept. 2006 “Record of Decision” for the site, and establishes funding responsibilities among “potentially responsible parties” to help finance the cleanup remedy.
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California Dairy Gives County a Gas Detection System, Settling Case. — EPA News Releases, December 14, 2009
The Solano County Office of Emergency Services has received $109,062 in emergency response equipment as the result of a settlement reached by the U.S. Environmental Protection Agency with Super Store Industries (SSI), a Stockton, Calif.-based company that provides dairy products, warehousing, and distribution services. The company donated equipment to the Solano County Interagency Hazmat Team as part of a supplemental environmental project following a settlement with EPA.
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DECISIONS

EPA fines CUC for failing to submit facility oil spill response plan / $29,000 penalty follows missed deadline stipulated in the March 2009 order. — EPA News Releases, December 14, 2009
The U.S. Environmental Protection Agency today fined the Commonwealth Utilities Corp. $29,000 for failing to meet the requirements of a stipulated order seeking to reform and bring into compliance CUC’s five power plants and an oil transfer pipeline. Specifically, the penalty is for failing to submit a satisfactory facility response plan as outlined in the order. The order required CUC to submit a facility response plan for its Lower Base power plants by July 9, 2009. The plan was submitted by CUC. However, on September 17, 2009, the EPA disapproved the initial submitted plan and provided CUC with 20 days to correct and resubmit the plan. CUC did not resubmit a corrected plan to the EPA.
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Forest Service fined $12,000 for smoke from controlled burn. — Melissa Sanchez, Yakima Herald Republic, December 15, 2009
Months after a controlled burn that sent thick smoke into the Yakima Valley, a local environmental agency has fined the U.S. Forest Service a maximum penalty of $12,000 for violating the Washington Clean Air Act. Officials at the Yakima Regional Clean Air Agency said the Naches Ranger District failed to provide details about how it will assure that future burns don’t compromise air quality. In late October, the Forest Service was told that its Sept. 28 burn in the Bethel Ridge area had posed health risks to Yakima County residents.
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Erie judge ends drilling ban in Allegheny National Forest. — GoErie.com, December 16, 2009
A federal judge in Erie ruled Tuesday that the U.S. Forest Service overstepped its authority in April when it reached a settlement with environmental groups and attempted to assert more control over the development of privately owned oil and natural gas rights in the forest. U.S. District Judge Sean McLaughlin ordered the Forest Service to lift the temporary ban it placed on drilling in the Allegheny National Forest. He said the Forest Service may not require stringent reviews under the National Environmental Policy Act before issuing permits for mineral rights owners to drill.
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LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

Greenhouse gas change fuel for lawsuits? — Sally Roberts, Business Insurance, December 14, 2009
The Environmental Protection Agency’s finding last week that greenhouse gases threaten public health and welfare could bolster global warming-related litigation against emitters of such gases, legal experts say. At the same time, the government’s endangerment finding also could bolster the argument that carbon dioxide and other greenhouse gases are pollutants and that pollution exclusions contained in various commercial insurance policies should apply in coverage disputes, some say.
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CEI will file suit to block EPA endangerment finding. — The Kitsap Peninsula Business Journal, December 14, 2009
The Environmental Protection Agency (EPA) finalized its finding that greenhouse gas emissions endanger public health and welfare and therefore must be regulated under the Clean Air Act. Competitive Enterprise Institute (CEI) announced that it will file suit in federal court to overturn the endangerment finding on the grounds that EPA has ignored major scientific issues, including those raised recently in the Climategate fraud scandal.
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Clean Water Network sues Knox developer. — Knoxville News Sentinel, December 15, 2009
The Tennessee Clean Water Network is accusing a Knoxville developer of violating federal clean water laws at a residential development in Northeast Knox County. The environmental group filed suit Monday in federal court against David Trantanella, accusing the developer of 10 counts of failure to comply with the conditions of a storm water permit. The suit claims five years of violations exist, including a number of days when discharges from the site prompted violations of water quality standards in Murphy Creek and its tributaries.
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Environmentalists want TVA prosecuted in ash spill. — EPA News Releases, December 10, 2009
Environmental groups said Monday they want the Tennessee Valley Authority to be prosecuted for its huge coal ash spill in Tennessee and not shielded from penalties for polluting. In response, officials with the nation’s largest public utility said they are already subject to penalties and lawsuits filed by the Environmental Protection Agency and it’s working to change the way it stores its coal ash.
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EPA warrant seeks documents at Muscatine firm. — William Petroski, Des Moines Register, December 15, 2009
Federal agents from the U.S. Environmental Protection Agency served a criminal search warrant last week at the Muscatine office of Grain Processing Corp., the company and federal officials confirmed Monday. Michael Burnett, special agent in charge of the EPA’s Region 7 criminal investigation division in Kansas City, Kan., said he couldn’t comment beyond the fact that a search warrant had been executed on Thursday.
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Eskimos and conservationists challenge Beaufort Sea drilling. — Kim Murphy, The Los Angeles Times, December 15, 2009
It’s decision time on drilling for oil and gas in America’s Arctic, and a group of Native Alaskan whalers have joined forces with a broad range of conservation groups to try and halt Shell Offshore Inc.’s latest plan to conduct exploration drilling next year in the Beaufort Sea. A new pair of legal challenges argue that the plan, already approved by the federal Minerals Management Service, would threaten endangered bowhead whales by allowing an armada of drilling vessels to operate squarely in the bowheads’ migration path between July and October 2010. They are asking the U.S. 9th Circuit Court of Appeals to block the exploratory drilling and order the federal government to more comprehensively consider the potential cumulative effects of the move to drill offshore in both the Beaufort and Chukchi seas — at a time when climate change threatens the survival of species like polar bears, which spend a big part of their lives on the offshore ice.
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EPA Emissions Rules May Spawn Lawsuits. — EPA News Releases, December 10, 2009
With the Environmental Protection Agency on pace to require so-called “best available control technology” (BACT) to limit emissions, some are vowing lawsuits to protest the rule, reports the New York Times. Those opposed to the EPA endangerment finding have until Feb. 16 to do so. Indeed, the courts may well have a place in determining the fate of emissions regulations, according to this guest column. Two appellate court decisions open the door to broad legal claims against utilities and other greenhouse gas (GHG) emitters for injunctive relief and compensatory and punitive damages. The third, issued by a district court, shut such claims down but will likely be appealed. But the forthcoming lawsuits likely will be from industry groups opposed to emissions regulations.
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Environmental groups sue to halt Back Bay marina in Virginia Beach. — Cory Nealon, Daily Press, December 16, 2009
Two environmental organizations have filed a lawsuit against the Army Corps of Engineers, arguing that a proposed marina near Back Bay National Wildlife Refuge in Virginia Beach would violate federal water quality standards. In a lawsuit filed today in federal court, the two groups — Friends of Back Bay and Back Bay Restoration Foundation — say the 76-slip marina would destroy aquatic grasses that are critical to the survival of largemouth bass, migratory birds and other animals.
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EPA raids Porter County IN slag processor Calumite. — The Associated Press, December 16, 2009
d the offices and plant of a northwest Indiana slag producer as part of an investigation into potential environmental crimes. State and federal environmental inspectors went Tuesday to the Calumite Company LLC’s plant at the Port of Indiana in Burns Harbor. Others searched the company’s office in Portage.
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Suit Filed to Stop Hawaii Longline Fishery From Tripling Sea Turtle Kill. — Center for Biological Diversity, News Releases, December 16, 2009
Today conservation groups Turtle Island Restoration Network, the Center for Biological Diversity, and KAHEA, all represented by Earthjustice, filed a lawsuit in federal district court in Honolulu challenging the National Marine Fisheries Service’s issuance last week of a rule that removes all limits on effort in the Hawaii-based longline swordfish fishery and allows the fleet to catch nearly three times as many loggerhead sea turtles as was previously permitted.The new rule conflicts with the Fisheries Service’s own assessment that the North Pacific loggerhead sea turtle is in danger of extinction. That report, released only four months ago, noted that incidental capture in longline fisheries is a primary threat to the species’ continued existence.
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Broad interpretation of NCC v. EPA cost create hardships. — Forrest Laws, Southwest Farm Press, December 17, 2009
The Environmental Protection Agency appears to be leaning toward a broad interpretation of the Sixth Circuit Court of Appeals ruling in the case of National Cotton Council vs. EPA, an interpretation that could cause rice producers and others considerable financial hardship. But the EPA will have a fight on its hands if it tries to push ahead with any plan to force growers to request NPDES (National Pollutant Discharge Elimination System) permits each time they apply a pesticide to, over or near the waters of the U.S. The potential legal donnybrook stems from the Sixth Circuit’s decision in favor of environmental activist claims that the EPA erred in a 2006 rule that said NPDES permits are not required when applications of pesticides to, over or near waters of the U.S. are consistent with labeling of the products under the Federal Insecticide, Fungicide and Rodenticide Act.
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Groups want feds to act on Indiana water rules. — The Associated Press, December 17, 2009
Environmental activists who are upset about Indiana’s water pollution rules say they’ll ask the federal government to take action against the state. The Hoosier Environmental Council, the Sierra Club and the Environmental Law and Policy Center have scheduled a Thursday teleconference to discuss their plans to ask the federal government to act against Indiana’s authority over its water control program. The groups have opposed Indiana’s proposed “anti-degradation” rules that define the circumstances under which industries can increase pollution to lakes and streams. They say the revised rules are fraught with loopholes and would allow industrial plants to increase pollution.
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Environmental groups ask EPA to fix Indiana water rules. — Rick Callahan, The Associated Press, December 17, 2009
Three environmental groups asked the U.S. Environmental Protection Agency on Thursday to review and correct what they call serious flaws in Indiana’s water pollution control program, or to wrest control of it from the state. But the state government’s environmental agency said Indiana is in compliance with state and federal water quality requirements. In a petition, the Chicago-based Environmental Law & Policy Center, the Hoosier Environmental Council and the Sierra Club Hoosier Chapter asked the EPA to “evaluate the systematic failure” of Indiana to properly administer and enforce a federal water pollution program that issues wastewater permits to industrial, municipal and other facilities.
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Upping the ante on waterway relief: Groups ask EPA to press IDEM on Clean Water Act enforcement. — Erika D. Smith, The Indianapolis Star, December 18, 2009
The U.S. Environmental Protection Agency has been asked to play referee in an escalating fight over the way Indiana protects its waterways from pollution. On Thursday, the Hoosier Environmental Council, Environmental Law & Policy Center and Sierra Club filed a joint petition pushing the EPA to step in and force the state’s Department of Environmental Management to change the way it enforces the federal Clean Water Act. The state agency, also known as IDEM, says it is doing nothing wrong. Companies and other potential polluters must get permission from the agency to discharge wastewater into the state’s rivers, lakes and streams. IDEM considers, then approves or denies, operating permits. Companies must reapply every five years.
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Environmental groups plan to sue Perdue. — The Associated Press, December 17, 2009
Two environmental groups say they plans to sue Perdue Farms and an Eastern Shore chicken grower over alleged violations of the Clean Water Act. The Assateague Coastkeeper and the Waterkeeper Alliance announced Thursday that they have sent a notice of intent to file suit to Perdue and the Hudson Farm in Berlin, which grows chickens for Salisbury-based Perdue. The groups claim Hudson has allowed water to run off uncovered manure piles into ditches that empty into the Pocomoke River. Perdue Farms spokesman Luis Luna says the groups are mistaken, and aerial photos they claim show manure piles are not poultry litter. Luna says the Hudson family has told the company they haven’t moved manure from their poultry houses for the past 20 weeks.
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Stop training range or we’ll sue, environmentalists tell Navy. — Steve Patterson, Jacksonville.com, December 17, 2009
Environmental activists said Thursday they’ll sue to stop construction of a Navy training range planned off Jacksonville’s shore, citing concerns about harming endangered right whales. Lawyers for a dozen groups filed a letter giving the Navy and Commerce Department two months to change course on their plans for construction of the range about 60 miles out to sea. The area between Jacksonville and the training ground is part of a calving ground where right whales travel each winter to give birth and nurture newborns. Many environmentalists have argued the whales will be at risk for collisions with ships using the range and could be harmed by sonar that will be used there during anti-submarine drills.
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Courts May Beat Congress, U.N. to Punch on Greenhouse Gases. — Jennifer Koons, Greenwire in The New York Times, December 17, 2009
A definitive step toward providing legal remedies for the effects of climate change could occur before either an international treaty or legislative accord can be reached, according to attorneys tracking the issue in the courts. “My prediction is that there will be more judicial action before there’s enacted federal legislation or international agreement. That’s a fair bet,” said James May, a law professor at Widener University in Delaware. “In the absence of federal legislation and an international accord, these cases are the leading beacons for remedying the effects of climate change.”
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Tonawanda Coke (NY) raided by Federal Agents. — WKBW Directors, WKBW.com, December 18, 2009
An official with the Environmental Protection Agency has confirmed with Eyewitness News that several agencies executed a search warrant at Tonawanda Coke on River Road.  The raid occurred Thursday morning and we’re told agents spent much of the day searching the plant. The exact reason for the search warrant is unknown.  The U.S. Attorney’s office was the lead organization, but were assisted by the Department of Environmental Conservation, The E.P.A., and the U.S. Coast Guard.
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Jury awards $100 mln verdict against BP in Texas case. — Kristen Hays, Reuters, December 18, 2009
A federal jury in Texas on Friday ordered BP Plc to pay $100 million to 10 workers who were sickened by a 2007 chemical release at its Texas City refinery. BP spokesman Ronnie Chappell said the company was “shocked and outraged” by the verdict and would appeal. “We believe the evidence showed that BP did not cause harm to anyone on April 19, 2007,” Chappell said in a statement. “The verdict, and punitive damages award in particular, is utterly unjustified, improper and unsupportable.”
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BP to appeal against $100m damages order after Texas refinery incident. — David Robertson, The Times Online, December 21, 2009
BP, which has been ordered by a court in Texas to pay $100 million (£62 million) damages to ten workers after an incident at its refinery in the state, said yesterday that it would appeal against the ruling. It insisted that it did not believe anyone had been harmed when chemicals were released during the incident in 2007 and had originally offered only $500 in compensation to each worker who claimed to have been affected. However, a federal jury in Texas ruled on Friday that ten workers should receive $100 million. A further 133 workers are also seeking damages.
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Sierra Club Challenges Wyoming Power Plant. — Anne Henderson, Courthouse News Service, December 21, 2009
Basin Electric Power Co.’s coal-powered power plant will dump more than 34 tons of pollutants a year into the air over Wyoming because the company did not install the “maximum achievable technology” for emissions control, the Sierra Club claims in Cheyenne  Federal Court. The Sierra Club claims that Basin’s Dry Fork plant will emit 67 pollutants, which will poison a town of more than 20,000 people, a pristine river, and Badlands National Park. The Sierra Club says construction is continuing at the plant, in defiance of the Clean Air Act, which requires coal-fired power plants to implement “maximum achievable technology” emissions controls. The Sierra Club wants construction stopped until Basin Electric complies with the law, and fines for every day it does not. It is represented by Gay George with Brand Law of Cheyenne.
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Attorney General Files Suit Against Recycler. — Inside Indiana Business, December 21, 2009
Indiana Attorney General Greg Zoeller has filed a lawsuit against an Elkhart County recycler with a history of environmental violations, worker-safety violations and public complaints. The suit asks the court to require the company to cease its open dumping of wood waste and to remove waste materials and debris. Zoeller seeks preliminary and permanent injunctions and civil penalties against VIM Recycling Inc. after an inspection last week found multiple violations at the company’s wood-recycling operation at 29861 Old U.S. Highway 33 in Elkhart, Ind.
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Ala.-based pipe manufacturer pleads guilty to environmental charges, to pay $4 million. — The Associated Press, December 21, 2009
Foundry operator McWane Inc. agreed to plead guilty to environmental charges involving the Clean Water Act and will pay a $4 million fine. The Birmingham News reports that the company, which operates pipe and water-fittings foundries, said it pleaded guilty to nine felony violations involving effusions at the McWane Cast Iron Pipe plant into Avondale Creek. The original case filed in the matter went to trial in 2005 in U.S. District Court in Birmingham. The company, owned by the McWane family of Birmingham, was convicted of 20 felonies and fined $8 million. The conviction was later overturned. McWane said it has spent $300 million on environmental, health and safety improvements in the past 10 years, and has achieved pollution and worker injury marks unrivaled in the industry.
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REGULATORY ACTIONS

Air

FirstEnergy nears deadline to counter air pollution at Sammis power plant along the Ohio River. The solution is a complex $1.8 billion project. — Bob Downing, Beacon Journal, December 13, 2009
As you cruise between East Liverpool and Steubenville on state Route 7 along the Ohio River, five giant stacks emerge in the distance. Then suddenly you are atop the plant, with buildings, pipes and piles of coal and limestone. It’s big. It’s all big. Paul Bunyan big. This is the FirstEnergy Corp.’s coal-fired W.H. Sammis Power Plant, long known as one of the nation’s biggest sources of air pollution.
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Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export. — Environmental Protection Agency, Federal Register, December 15, 2009
EPA is adjusting the allowance system controlling U.S. consumption and production of hydrochlorofluorocarbons (HCFCs). This action allocates production and consumption allowances for HCFC–22 and HCFC–142b, as well as other HCFCs for which allowances were not allocated previously, for the control periods 2010–2014. This action also establishes baselines for HCFCs for which EPA had not established baselines previously. The HCFC allowance system is part of EPA’s Clean Air Act  program to phase out ozone-depleting substances to protect the stratospheric ozone layer. Protection of the stratospheric ozone layer helps reduce rates of skin cancer and cataracts, as well as other health and ecological effects. The U.S. is obligated under the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) to limit HCFC consumption and production to a specific level and, using stepwise reductions, to decrease the specific level culminating in a complete HCFC phaseout in 2030. The next major milestone, to occur on January 1, 2010, is a 75 percent reduction from the aggregate U.S. HCFC baseline for production and consumption. The allowances allocated in this action ensure compliance with the international stepwise reduction, consistent with the 1990 Clean Air Act Amendments. In addition, this action amends the regulatory provisions concerning allowances for HCFC production for developing countries’ basic domestic needs to be consistent with the September 2007 adjustments to the Montreal Protocol. Also, this action provides the Agency’s interpretation of a self-effectuating ban on introduction into interstate commerce and use of HCFCs contained in section 605(a)  of the Clean Air Act and amends existing regulatory provisions to facilitate implementation of the  statutory requirements.
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Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances. — Environmental Protection Agency, Federal Register, December 15, 2009
This final rule bans the sale or distribution of air-conditioning and refrigeration appliances containing HCFC–22, HCFC–142b, or blends containing one or both of these substances, beginning January 1, 2010. In addition, EPA is banning the sale or distribution of air-conditioning and refrigeration appliance components that are pre-charged with HCFC–22, HCFC– 142b, or blends containing one or both of these controlled substances as the refrigerant. These prohibitions apply only to appliances and components manufactured on or after January 1, 2010.
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National Emission Standards for Hazardous Air Pollutants for Source Categories:  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities. — Environmental Protection Agency, Federal Register, December 15, 2009
EPA received two petitions for reconsideration from trade associations representing their stakeholders regarding the National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities, which EPA promulgated on January 10, 2008, and amended on March 7, 2008. In this action, EPA is proposing amendments and clarifications to certain definitions and applicability provisions of the final rules in response to some of the issues raised in the petitions for reconsideration. In addition, several other compliance-related questions posed by various individual stakeholders and State and local agency representatives are addressed in this proposed action. We are seeking comments only on the proposed amendments presented in this action. We will not respond to any comments addressing other provisions  of the final rules or any related rulemakings.
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MPCA Board Approves Haze-Cutting Rules. — The Associated Press, December 15, 2009
The Minnesota Pollution Control Agency board has approved new regulations to curb haze over northern Minnesota. The Duluth News Tribune reports the rules were approved 7-1 Tuesday. They still must be approved by the U.S. Environmental Protection Agency, which has ordered that air over national parks and wild lands should be haze-free by 2064.
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Oklahoma electricity regulation causes debate for some. — EPA News Releases, December 10, 2009
Oklahoma Gas and Electric Co. is gearing up for an unusual fight. The state’s largest electricity provider is trying to avoid spending more than $1 billion to clean up emissions from two coal plants in Oklahoma that contribute to the “regional haze” at the Wichita Mountains Wildlife Refuges and other federal wildlife areas. OG&E even has the Sierra Club on its side, company officials said, because of concerns that regulations could stall a move to use more natural gas instead of coal to generate electricity. A regulation growing out of 1992’s federal Clean Air Act forces states to form a plan for reducing sulfurous emissions that hamper visibility that will hit certain benchmarks by 2064.
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US EPA To Delay Action On New Smog Standards Until Early Jan. — Mark Peters, Dow Jones Newswires, December 18, 2009
The U.S. Environmental Protection Agency will delay a decision on revisions to national smog standards until early January. The agency said Friday that it expects to release a proposal by January 6 instead of this month, but that the delay shouldn’t affect plans to put a final rule in place by the end of August.
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DEQ against White House limits on greenhouse gases. — The Associated Press, December 19, 2009
The Louisiana Department of Environmental Quality says the Obama administration’s move to impose federal limits on climate-changing pollution could have a “devastating economic impact.” DEQ Secretary Harold Leggett sent a letter Friday to the Environmental Protection Agency blasting EPA’s recent finding that global warming from manmade greenhouse gases endangers Americans’ health. He says the finding could force the sale of more fuel-efficient vehicles and require plants to install costly new equipment — at a cost of billions or even many tens of billions of dollars — or shift to other forms of energy.
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Water

DEP: Plant pollutes river – again. — James McGinnis, Bucks County Courier Times, December 14, 2009
Bristol Township officials expect to pay at least $100,000 in fines for environmental violations. Bristol Township’s Croydon sewer plant is not properly treating sewage, and discharge reports show unacceptable amounts of feces and other bacteria headed into the Delaware River, state inspectors said. The state Department of Environmental Protection inspected the plant Nov. 4 and discovered “numerous” inoperable pumps and valves. The agency reported “excessive” infiltration to the sewers during rain storms.
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President Obama’s Great Lakes Restoration Initiative Funding to be Used for Immediate Asian Carp Control Measure. — EPA News Releases, December 14, 2009
Great Lakes Inter-agency Task Force Chair and U.S. Environmental Protection Agency Administrator Lisa P. Jackson today announced $13 million in federal funding to prevent Asian carp from migrating further toward the Great Lakes. “The challenge at hand requires the immediate action we’re taking today. EPA and its partners are stepping up to prevent the environmental and economic destruction that can come from invasive Asian carp,” said Task Force Chair Lisa P. Jackson. “President Obama’s Great Lakes Restoration Initiative and Congressional support have given us what we need to significantly and immediately reduce the risk of Asian carp reaching the Great Lakes and destroying such a valuable ecosystem.”
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Two Inland water agencies take issue with report critical of supplies delivered to consumers. — EPA News Releases, December 10, 2009
The Inland area has some of the nation’s most contaminated drinking water, according to an environmental group’s analysis showing that supplies from Riverside Public Utilities and Eastern Municipal Water District contain toxic pollutants that exceed government health thresholds. The primary concern in both districts is perchlorate, an ingredient in rocket fuel and other explosives that disrupts thyroid function and is of particular concern for pregnant women and children.
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Officials dispute report about unhealthy Reno drinking water. — Jeff Delong, The Reno Gazette Journal, December 15, 2009
Truckee Meadows Water Authority statement. By now, you’ve seen a report calling the safety of tap water into question. The Environmental Working Group (EWG), a non-profit group, has ranked utilities by their own standards of water quality and has ranked TMWA (and SNWA – Southern Nevada Water Authority) very low. View the EWG report: http://www.ewg.org/tap-water/home?inlist=Y&utm_source=tapngip&utm_medium=email&utm_content=first-link&utm_campaign=toxics Various agencies are responding to the irresponsible reporting and research from the EWG. AWWA (American Water Works Association), NDEP (Nevada Department of Environmental Protection) and the EPA (Environmental Protection Agency) are all issuing statements refuting the EWG’s report. It is important that you know we are working to present factual information in response to this and have communicated proof of our high-quality water to all that ask.
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DEQ: EPA objection on CBM water still under review. — The Associated Press, December 16, 2009
State officials say they’re sorting through complicated environmental and legal issues before responding to objections the Environmental Protection Agency has raised over coal-bed methane water. The EPA last month objected to changes the Department of Environmental Quality made to permits allowing groundwater from coal-bed methane wells to be discharged into two watersheds in the Powder River Basin. The EPA says the changes violate the Clean Water Act. John Wagner, head of DEQ’s Water Quality Division, said Tuesday his agency is deliberating how to respond. He points out that local landowners have no concerns about the water.
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State extends comment period on cleanup of Little Osage River. — The Joplin Globe, December 16, 2009
The Missouri Department of Natural Resources has extended a public comment period on a proposal to clean up the Little Osage River in Vernon County. The original comment period expired Dec. 13, but that has been extended until Monday, Dec. 28. The Little Osage is listed by Missouri environmental regulators as impaired because of low dissolved oxygen and because the river does not meet state water quality standards, according to the DNR.
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EPA Releases National Water Program Research Strategy to Advance and Broaden Research Partnerships. — EPA News Releases, December 18, 2009
The U.S. Environmental Protection Agency (EPA) released its National Water Research Strategy to engage a broader range of researchers in meeting the challenges of protecting and improving our nation’s water resources. The strategy identifies and promotes the research needs of EPA’s national water program to potential partners. The strategy outlines the water program’s four research priorities: healthy watersheds and coastal waters, safe drinking water, sustainable water infrastructure and water security. Each priority also focuses on five technical areas: aquatic life health effects, human health effects, method development, occurrence and exposure, and treatment technologies and effectiveness.
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EPA Releases First-Ever Baseline Study of U.S. Lakes. — EPA News Releases, December 18, 2009
The U.S. Environmental Protection Agency today released its most comprehensive study of the nation’s lakes to date. The draft study, which rated the condition of 56 percent of the lakes in the United States as good and the remainder as fair or poor, marked the first time EPA and its partners used a nationally consistent approach to survey the ecological and water quality of lakes. A total of 1,028 lakes were randomly sampled during 2007 by states, tribes and EPA. “This survey serves as a first step in evaluating the success of efforts to protect, preserve, and restore the quality of our nation’s lakes,” said Peter Silva, assistant administrator for EPA’s Office of Water. “Future surveys will be able to track changes in lake water quality over time and advance our understanding of important regional and national patterns in lake water quality.”
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Industry pressuring Obama on coal-ash rules. — Ken Ward, Jr., The Charleston Gazette, December 18, 2009
There’s an interesting report out today from the Center for Progressive Reform’s CPR Blog, following up on yesterday’s EPA announcement of a delay in issuing a rules proposal on toxic coal-ash handling and disposal. (See my previous breaking new blog post and a Gazette print story here and here).  It seems that in the months leading up to EPA’s decision to delay its rules proposal, officials from various affected industries met with the White House Office of Management and Budget 10 times to discuss the topic. It’s worth nothing that this list of meetings only runs up through Nov. 17 — we don’t know what meetings took place after that.
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EPA documents: Uranium mine permit would allow aquifer contamination. — Bobby Magill, The Coloradoan, December 18, 2009
U.S. Environmental Protection Agency documents show the EPA has been working closely with uranium mine developer Powertech USA for nearly two years on a permit application that would allow the company to contaminate an aquifer beneath its proposed Centennial Project in Weld County. All of the consultation was closed to the public, said Matthew Garrington of Environment Colorado, the group that obtained the documents from the EPA. According to the documents, the EPA, with the help of Powertech, has been developing internal guidance documents that will govern how the agency reviews Powertech’s application for a mine permit. The permit will allow Powertech to contaminate a portion of an aquifer with the company’s in situ leach uranium mining process.
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Waste

EPA promises coal ash regulations by end of year but is mum on details. — Douglas B. Brill, Lehigh Valley News, December 14, 2009
State agencies, power companies and environmentalists often disagree when it comes to regulations, but they can at least agree on this:  They have little idea what to expect when the U.S. Environmental Protection Agency delivers its promise to establish the first federal regulations for coal ash. In response to a massive coal ash spill in Tennessee, the EPA vowed before the end of the year to set standards for the often toxic byproduct of coal burned for electricity. But the EPA, with the self-imposed deadline less than three weeks away, has yet to set a date to announce the regulations. And the agency has provided little indication of what the regulations would include.
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Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusion From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; Extension of Comment Period. — Environmental Protection Agency, Federal Register, December 15, 2009
The Environmental Protection Agency (EPA) is extending the comment period for the document entitled ‘‘Conditional Exclusion from Hazardous and Solid Waste for Solvent- Contaminated Industrial Wipes,’’ which appeared in the Federal Register on October 27, 2009. The public comment period for this document was to close on December 28, 2009. The purpose of this document is to extend the comment period for 60 days until February 26, 2010.
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EPA to look at Plainwell Paper mill. — Daniel Pepper, The Plainwell & Otsego Union Enterprise, December 16, 2009
The closed Plainwell Paper mill will get some attention from the Environmental Protection Agency soon, as officials check to see if there is any undiscovered contamination on the site. EPA officials held a public meeting Tuesday, Dec. 1, in Plainwell to discuss the Kalamazoo River Superfund site in general and the work going on south of Plainwell.
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Cleanup Work Completed at Agawam, Mass. Site. — EPA News Releases, December 18, 2009
Cleanup of the Agawam Sports club was recently completed by the U.S. EPA and contractors from Guardian Environmental Services. The site, a shooting range with both indoor and outdoor ranges, has been out of operation and vacant for over five years. The site consists of a 5,000 square foot, single-story, building for the indoor shooting range and an outdoor range approximately 100 feet from the building.
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Asbestos and Other Hazards Removed from Walpole, Mass. Superfund Site. — EPA News Releases, December 14, 2009
EPA completed a short-term cleanup removing asbestos from the former mill building and hazardous substances in drums and containers on the Blackburn & Union Privileges Superfund Site, in Walpole, Mass. Nearly 30 tons of asbestos and asbestos containing debris, as well as over 2,700 pounds of hazardous materials and waste oils were removed from the site. The removal work, conducted by EPA’s contractor with EPA oversight, began in June 2009 and concluded in October 2009.
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Environmental groups say Gary Works draft permit still comes up short. — Sarah Tompkins, NWI.com, December 20, 2009
Indiana is currently not limiting the discharge of some pollutants in U.S. Steel’s proposed new wastewater permit. Indiana is currently not limiting the discharge of some pollutants in U.S. Steel’s proposed new wastewater permit. That lack of limits was one critique of more than 20 written comments environmental groups, city and state officials and private individuals sent to the Indiana Department of Environmental Management during the draft’s public comment period, which ended Nov. 30.
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Climate Change

31 S.D. businesses would be regulated under EPA emissions plan. — Barbara Soderlin, Rapid City Journal, December 14, 2009
Six West River industrial companies have greenhouse gas emissions high enough to be regulated under an Obama administration proposal to curtail global warming. The plants are each estimated to produce more than 25,000 tons of carbon dioxide a year, the proposed threshold for requiring industrial facilities to obtain a permit to emit carbon dioxide and other greenhouse gases, which are currently unregulated under the Clean Air Act.
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Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act. — Environmental Protection Agency, Federal Register, December 15, 2009
The Administrator finds that six greenhouse gases taken in combination endanger both the public health and the public welfare of current and future generations. The Administrator also finds that the combined emissions of these greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas air pollution that endangers public health and welfare under CAA section 202(a). These Findings are based on careful consideration of the full weight of scientific evidence and a thorough review of numerous public comments received on the Proposed Findings published April 24, 2009.
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EPA’s Greenhouse Gases Notice Sets Stage for Regulation Writing, Lawsuits. — Robin Bravender, Greenwire in The New York Times, December 15, 2009
U.S. EPA published its finding that greenhouse gases threaten public health in the Federal Register today, setting a stage for a series of rules to begin regulating the heat-trapping emissions. The endangerment finding takes effect on Jan. 14, the notice (pdf) says. And EPA is expected to roll out its first round of greenhouse gas rules by March, the first-ever federal tailpipe standards for greenhouse gases. The tailpipe standards would automatically trigger requirements that stationary sources install “best available control technology,” or BACT, according to EPA. The agency has proposed a separate rule to shield smaller facilities from those requirements, the “tailoring rule,” which is also expected to be in place by March.
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Group Loses Challenge to EPA Emissions Rules. — Avery Fellow, Courthouse News Service, December 15, 2009
The D.C. Circuit dismissed as time-barred a lawsuit brought by a transportation builders association, challenging Environmental Protection Agency rules that purportedly let states set stricter emissions standards than allowed by federal law. The American Road & Transportation Builders Association (ARTBA), whose members build roads, public transit and airports, asked the courts in 2002 to review the EPA’s rules. It claimed that the EPA’s rules interpreting the Clean Air Act effectively allowed states to adopt emissions policies that contradict the Act.
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Other

Asian carp battle gets $13 million more from EPA. — Tina Lam, The Detroit Free Press, December 14, 2009
The Environmental Protection Agency announced $13 million in funding late today for measures that would help keep Asian carp out of the Great Lakes. The funding will come from $475 million already approved by Congress this fall to help restore the Great Lakes. The EPA said the money would go to efforts that would keep Asian carp in the Des Plaines and other rivers and canals from washing into the Chicago Sanitary and Ship Canal during floods. That fear was raised in the past six months by environmental groups and others concerned about spread of the voracious invasive species of carp.
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EPA ruling could create hardships. — Forrest Laws, Southeast Farm Press, December 18, 2009
The Environmental Protection Agency appears to be leaning toward a broad interpretation of the Sixth Circuit Court of Appeals ruling in the case of National Cotton Council vs. EPA, an interpretation that could cause rice producers and others considerable financial hardship. But the EPA will have a fight on its hands if it tries to push ahead with any plan to force growers to request NPDES (National Pollutant Discharge Elimination System) permits each time they apply a pesticide to, over or near the waters of the U.S. The potential legal donnybrook stems from the Sixth Circuit’s decision in favor of environmental activist claims that the EPA erred in a 2006 rule that said NPDES permits are not required when applications of pesticides to, over or near waters of the U.S. are consistent with labeling of the products under the Federal Insecticide, Fungicide and Rodenticide Act.
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Forest Service rewriting Bush logging rule. — Jeff Barnard, The Associated Press, December 18, 2009
After striking out the last three times, the U.S. Forest Service is embarking on another rewrite of the basic planning rule that balances logging against fish and wildlife and clean water in national forests. Echoing his speech earlier this year laying out a greener future for the national forests, Agriculture Secretary Tom Vilsack announced from Washington, D.C., on Thursday that work is starting on an environmental impact statement to take the place of the most recent one produced by the Bush administration that was struck down by a federal judge.
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EPA, USDA push farmers to use coal waste on fields. — Rick Callahan, The Associated Press, December 14, 2009
he federal government is encouraging farmers to spread a chalky waste from coal-fired power plants on their fields to loosen and fertilize soil even as it considers regulating coal wastes for the first time. The material is produced by power plant “scrubbers” that remove acid rain causing sulfur dioxide from plant emissions. A synthetic form of the mineral gypsum, it also contains mercury, arsenic, lead and other heavy metals. The U.S. Environmental Protection Agency says those toxic metals occur in only tiny amounts that pose no threat to crops, surface water or humans. But some environmentalists say too little is known about how the material affects crops, and ultimately human health, for the government to suggest that farmers use it on their land.
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STATE & FEDERAL ENVIRONMENTAL LEGISLATION

Senator Barbara Boxer: “America is Acting on Global Warming.” — U.S. Senate Committee on Environment and Public Works, December 14, 2009
The press of Senate business keeps me from attending the climate talks in Copenhagen, and requires me to stay in Washington, DC, so I have decided to speak today from the Environment and Public Works Hearing room, and deliver the speech I would have given in Denmark. Mary Nichols, Chairman of the California Air Resources Board, has agreed to circulate my remarks among those in attendance in Copenhagen.
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EPA carbon regs may derail cap and trade. — Joseph Smith, American Thinker, December 13, 2009
The Obama administration’s announcement of the EPA “endangerment finding” for CO2, timed to coincide with the start of the Copenhagen climate talks, was intended to allow the President to claim his country was on board with the international climate agenda.  However, the EPA may have inadvertently given Congress an out on cap-and-trade legislation.
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Study: Cap-and-trade legislation will be good for farmers. — Robert Pore, The Grand Island Independent, December 12, 2009
A new study from researchers at Kansas State University has found that cap-and-trade legislation pending in Congress would benefit farmers and ranchers. A team of seven Kansas State University (KSU) researchers completed an analysis and comparison of six key economic studies that looked at the effects of the Clean Energy and Security Act of 2009 (H.R. 2454, also known as the Waxman-Markey bill) on the agriculture sector. American Farmland Trust (AFT) sponsored the research to advance understanding of the economic implications for U.S. agriculture as Congress considers legislation to address the impact of carbon emissions on the environment
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Murkowski to Try CRA to Deny EPA Greenhouse Gas Finding. — EPA News Releases, December 10, 2009
Sen. Lisa Murkowski (R-AK) announced yesterday that she will introduce a resolution disapproving the U.S. Environmental Protection Agency’s determination that greenhouse gases are a threat to public health and the environment. EPA announced the so-called endangerment finding last week and published it in the Federal Register today, Dec. 15. Murkowski is introducing the resolution under the Congressional Review Act (CRA), a law that gives Congress the authority to undo agency regulations. The CRA is a powerful tool – if Congress disapproves a rule, the rule “may not be reissued in substantially the same form.” That means, unless Congress reverses itself, the agency cannot reconstitute the idea in the disapproved rule, probably in perpetuity.
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First Challenge to EPA Greenhouse Gas Regulations. — Sustainable Business.com, December 15, 2009
It took just over a week for the first challenge to arise over the US Environmental Protection Agency’s (EPA) move to regulate greenhouse gas emissions under the clean air act. U.S. Sen. Lisa Murkowski (R-Alaska) Monday announced her intention to file a disapproval resolution to stop the EPA. Murkowski’s resolution comes in the wake of the agency’s recent endangerment finding, which was the last procedural step required to allow the EPA to impose regulations. The Obama administration has said it prefers that Congress pass climate change resolution to reduce emissions. However; the administration said it is prepared to act through the EPA, if legislations is not passed.
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The Iron Chef and Climate Change: What A.B. 32 Means for Small Business. — Christina Erickson, The Huffington Post, December 15, 2009
In the first nine months of 2009, over $300 million was spent by corporate interests to lobby Congress on the Clean Energy Jobs and American Power Bill – more commonly referred to as the Climate Bill. Over a third of that has been spent by petroleum companies alone, while the U.S. Chamber spent over $65 million to lobby on a variety of issues, including climate. Greenbacks have carpeted Capitol Hill in connection with the debate over climate change legislation, effectively muting the many small business owners who support climate change legislation. Unlike Apple, Nike, and Exelon, American small business owners simply don’t have the bandwidth or the budget to raise their voices in opposition to the short-sighted position the U.S. Chamber has taken on the Climate Bill.
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Brownback opposes ‘endangerment finding.’ — Sen Sam Brownback, Pittsburg, KS, Morning Sun, December 14, 2009
U.S. Senator Sam Brownback today expressed his support for Senator Murkowski’s plans to offer legislation opposing the Environmental Protection Agency’s recently announced “endangerment finding.” Senator Murkowski, the Ranking Member of the Committee on Energy and Natural Resources, spoke on the Senate floor today about her intentions to introduce a “resolution of disapproval”, created under the Congressional Review Act, to prevent the EPA from enacting regulation that would allow it to regulate green house gas emissions.
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Senators rally across party lines to fight climate change. — Kathy Kiely, USA Today, December 16, 2009
As President Obama heads to Copenhagen this week to convince world leaders of the United States’ commitment to reducing greenhouse gas emissions, he’s getting help from an unexpected quarter. In the Senate, where partisan feuding engulfs Obama’s health care bill, an unusual group of lawmakers is working across party lines on a compromise bill that would boost domestic energy production while reducing pollution that causes global warming. Described by participants as “tripartisan,” the effort unites Sens. John Kerry, a Massachusetts Democrat; Joe Lieberman, a Connecticut independent; and Lindsey Graham, an outspoken South Carolina Republican.
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Senator Murkowski seeks to legislate away global warming science. — Amy Lou Jenkins, Examiner.com, December 16, 2009
Senator Murkowski’s (R-AK)  seeks to halt the EPA’s scientific finding that global warming pollution endagers human health and welfare with a disapproval resoution.  Apparently she believes that she can change the scientific findings if only the Senate and federal government decree it so. “Make no mistake – Congress is being threatened in a misguided attempt to move a climate bill forward,” Murkowski said. “But this strategy is highly flawed because it assumes Congress will pass economically damaging legislation in order to stave off economically damaging regulations. That’s a false choice and it should be rejected outright.” Instead of threatening Congress, Murkowski said the administration would be better served by seeking a constructive role in policy formulation.
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Senator Murkowski’s EPA Ploy is a Distraction from Passing Needed Legislation. — Lexi Schultz, Union of Concerned Scientists, December 17, 2009
Sen. Lisa Murkowski’s (R-Alaska) proposed “disapproval resolution” blocking the Environmental Protection Agency’s endangerment finding would cripple critical federal and state standards that would cut U.S. oil dependence, save consumers money, and reduce the heat-trapping emissions that cause global warming, according to the Union of Concerned Scientists (UCS). The science group called the proposal a “political ploy” to derail serious efforts to pass comprehensive climate and energy policy.
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Boxer Statement on Republican Proposal to Block EPA Endangerment Finding. — U.S. Senate Committee on Environment and Public Works Press Release, December 17, 2009
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, today made the following remarks regarding the Republican plan to introduce a resolution blocking the Environmental Protection Agency’s (EPA) finding that greenhouse gas pollution endangers public health and public welfare. Senator Boxer said: “The Republican proposal to overturn EPA’s global warming finding is a threat to America’s families who deserve to have their health and communities protected. The endangerment finding is clear – it says in part that greenhouse gases “endanger both the public health and the public welfare of current and future generations.”
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CBO finds Kerry-Boxer S.1733, Clean Energy Jobs and American Power Act creates surplus. — U.S. Committee on Environment & Public Works, December 16, 2009
U.S. Senator Barbara Boxer, Chairman of the Senate Committee on Environment and Public Works, issued the following statement regarding the Congressional Budget Office’s (CBO) score of the Kerry-Boxer, S. 1733, Clean Energy Jobs and American Power Act. The cost estimate released by CBO today found that S. 1733 creates a surplus and does not add to the federal deficit over the lifetime of the bill.
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Thanks, D.C., but Colorado can manage its own water. — Sen. Ken Kester, The Denver Post, December 18, 2009
Here in the Intermountain West, it’s often said that whiskey is for drinking and water is for fighting. If that’s the case, then legislation making its way through Congress augurs a serious fight in the near future. Unlike skirmishes in the past, this will not be a fight about who gets what, and how much, from where. It will be one that pits the federal Environmental Protection Agency against Colorado’s own water enforcement program here at home. To be sure, Colorado has some of the strongest, most effective water and land use preservation and protection regulations and laws in the nation. That work starts with the Colorado Division of Water Resources, an agency within the Department of Natural Resources. Then there’s the Office of Water Conservation and Drought Planning, another arm tasked to “promote water use efficiency while providing public information and technical and financial assistance for water conservation planning.”
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OTHER ENVIRONMENTAL NEWS

Air

Dirty motives behind pitch for cleaner air. — Jonah Goldberg, Boston Herald, December 14, 2009
A week ago, Lisa Jackson, head of the Environmental Protection Agency, formally announced that her agency now considers carbon dioxide to be a dangerous pollutant, subject to government regulation. The “finding” comes two years after the Supreme Court ruled that CO2 falls under the EPA’s jurisdiction. A day later, an unnamed White House official told Fox News that the message for Congress is clear: “If you don’t pass this (cap-and-trade) legislation . . . the EPA is going to have to regulate in this area. . . . And it is not going to be able to regulate on a market-based way, so it’s going to have to regulate in a command-and-control way, which will probably generate even more uncertainty.”
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Donaldson spends $5M to upgrade Ala. factory. — The Associated Press, December 14, 2009
Filtration systems maker Donaldson Co. said Monday it will spend $5 million at its production facility in Auburn, Ala., to prepare for tighter emissions regulations. The investment will enhance the factory’s production of diesel emissions control and after-treatment products, the company said. The improvements will prepare the company to meet new Environmental Protection Agency on-road and off-road emissions mandates.
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Highway sound barriers block pollution, too. — Meredith Cohn and Tim Wheeler, B’More Green, December 15, 2009
It turns out those big concrete barriers put up along busy highways to shield neighboring residents from the roar of traffic also reduce how much air pollution they get from the passing vehicles. That’s what a new government study found, anyway.  Researchers with the National Oceanic and Atmospheric Administration and the Environmental Protection Agency  released harmless “tracer” gases along highways to track how they were dispersed through the air – and by extension, indicate what happens to harmful pollutants such as carbon monoxide, soot and benzene that are emitted by cars and trucks going by.
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Clean Truck Program at ports wins EPA award. — Art Marroquin, The Daily Breeze, December 14, 2009
The U.S. Environmental Protection Agency on Monday awarded the 2009 Environmental Justice Achievement Award to the ports of Los Angeles and Long Beach for their Clean Truck Program. Launched in October 2008, the program aims to reduce diesel truck pollution by up to 80 percent by 2012, when all big rigs doing business at the twin ports will be required to meet 2007 federal emissions standards. The EPA said that the Clean Truck Program “sets the environmental bar worldwide for other port facilities to improve air quality to neighboring communities.”
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Cleaning up air could harm quality of water. — Yang Zhang and Rachael Gleason, Great Lakes Echo, December 18, 2009
Burning coal is dirty business. The fuel is laden with heavy metals such as mercury and arsenic and chemicals that cause acid rain. When power plants burn coal, they release the contaminants into the air. Over the past couple of decades, increasingly stringent air pollution standards have forced power plants to clean up their dirty air. The universal solution? Scrubbers that use a spray of water to trap air pollutants. But scrubbers don’t really solve the pollution problem. They just move it somewhere else, and that movement is starting to cause problems, particularly as federal regulators consider tough new regulations on water pollution from power plants.
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Known quantities in air quality: Some firms report drop in toxic releases, though haze remains. — Peggy Heinkel, Denton Record Chronicle, December 2, 2009
Benzene, toluene, xylene. Manganese. Lead. When these and other toxic substances ooze out from factories, blow from stockpiles or roil from smokestacks, Denton County’s mix of ozone and greenhouse gases can become a witch’s brew to breathe. Certain industries — but not all — must report their toxic releases into the air, soil and water to the Environmental Protection Agency each year. Overall, those reported releases have been decreasing in recent years, locally as well as nationally.
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Waste

Residents Call for EPA Takeover of DuPont Site in NJ. — My Fox New York, December 15, 2009
Residents of Pompton Lakes, N.J., and some local officials are calling on the U.S. Environmental Protection Agency to step in and take charge of cleaning up their community after a state report said that the area has elevated rates of some cancers, possibly linked to contaminants. Last week, New Jersey health officials issued a report warning residents of a Pompton Lakes neighborhood of the elevated cancer rates. The area is near pollution from an explosives manufacturing plant that had operated in the borough for more than a hundred years.
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Kingston Cleanup Could Take Five Years: EPA Project Manager. — Daniel Potter, Nashville Public Radio, December 18, 2009
An official with the Environmental Protection Agency says cleanup of the TVA ash spill in Kingston will likely continue for another five years. That’s longer than the estimate TVA officials gave at a Congressional hearing last week, when CEO Tom Kilgore said it would take until 2013. EPA project manager Craig Zeller says the longterm goal for the cleanup will be restoring native plants and animals to the spill area. That will take at least two and a half years, but Zeller says it looks like he’ll be at it for the next five.
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Water

EIP Report: TVA, One of Nation’s Top Polluters, Should No Longer Be Allowed to Exploit Federal Status to Evade Environmental Laws and Marketplace Competition. — Environmental Integrity Project, December 14, 2009
Eight decades after President Franklin Delano Roosevelt created the Tennessee Valley Authority (TVA) to bring power to the southeastern United States, the TVA should no longer be exempt from federal environmental enforcement and the healthy influence of competition in its region, according to a major new report released today by the nonprofit Environmental Integrity Project (EIP).

In a separate letter to the White House, EIP and leading national and southeastern U.S. environmental organizations urged the Obama Administration and Congress to take action to reform the TVA. (See below.)
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Decades-old dioxins pollute river, divide US community. — Mira Oberman, AFP, December 14, 2009
The signs posted along Michigan’s Tittabawassee River warning of dangerous dioxin levels don’t really worry fisherman David Mitchell.  If he catches a fish that swims here year round he tosses it back. But if he hooks a walleye — an occasional visitor to the river that has lower dioxin levels than the year-rounders — then it’s time for dinner. “I don’t think it’s as big a concern as what people are saying it is,” said Mitchell, 51, as he sat on a pail on the muddy bank and cast his line out into the water.
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Twelve years after cleanup, DDT still poisons harbor. — Leah Bartos, Richmond Confidential, December 14, 2009
An onshore wind blew off San Francisco Bay and across a small fishing pier, where two men cast their lines into the waters of the Richmond Inner Harbor. To the south and west, they took in sweeping views of the bay, with Brooks Island just in front of them and the San Francisco skyline as backdrop. Directly behind them lay the industrial maze of shipping channels and railroad terminals that make up the Inner Harbor, one of California’s largest-volume shipping ports. Robert Parker and Archie Hall, avid fishermen who are both AC Transit bus drivers, were spending their day off trying out new fishing poles.
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ECUA water quality worst in nation, group says. — Thyrie Blnd, Pensacola News Journal, December 14, 2009
An environmental group ranks the Emerald Coast Utilities Authority dead last among 100 large city utilities across the nation for removing pollutants from tap water. But ECUA’s executive director disputes a report issued over the weekend by the Environmental Working Group that raises concerns about the long-term safety of local drinking water. The report says none of the contaminants found in the tap water exceed legal limits regulating the presence of those chemicals in water.
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Methodology for Assessment of Natural Hazard Vulnerability in U.s. Coastal Zone Using Remote Sensing. — Organic Daily, December 13, 2009
Coastal zone is defined as “the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches.” Coastal locations were some of the first settled in the country, and have always accounted for a major percentage of the overall population. They were the primary centers for transportation, tourism, recreation, commercial fishing, and other industry. This coastal zone remains a crucial segment of the nation’s overall economy. A variety of natural hazards regularly threaten this coastal zone. Severe meteorological events such as hurricanes, tropical cyclones, and nor’easters are particularly harsh on coastal areas, often resulting in damages from high winds, storm surge, flooding, and shoreline erosion. Tsunamis, whose destructive force is characterized by potentially devastating flood inundation, are uniquely coastal events resulting from offshore earthquakes, landslides, or volcanic activity. Coastal locations are also subjected to the impacts of long-term hazards such as chronic coastal erosion, potential sea-level rise, and global climate change.
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EDITORIAL: Water, water everywhere And federal bureaucrats want control. — Las Vegas Review Journal, December 16, 2009
n the past, the U.S. Supreme Court has tended to “split the baby” in deciding how far the Environmental Protection Agency and the Corps of Engineers can go in enforcing the Clean Water Act. Trying to hew at least reasonably close to the Constitution, the 1972 law stipulates the federal agencies can restrict states or private landowners from dredging, draining, channeling or doing anything else that might inconvenience any weed, bug and minnow in and around only those waters which comprise “navigable waterways.”
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Climate Change

Transportation Study Urges Climate Adaptation. — Thomas L. Gallagher, The Journal of Commerce, December 15, 2009
Strengthening the transportation system’s resilience may reduce long-term costs from climate change, according to a study by transportation specialists Cambridge Systematics.In a white paper prepared for the Bipartisan Policy Center’s National Transportation Policy Project, researchers identify areas for federal policy action to be implemented through the anticipated surface transportation authorization, climate and energy legislation, and executive actions. The study highlights the need for further research on the predicted impacts of climate change, especially on roads, rail lines and airports in coastal zones, which are most vulnerable to climate change. When the recently expired surface transportation bill is reauthorized, climate adaptation strategies targeted at the federal-aid transportation system should be incorporated, the study said.
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Poll: Climate Change Action will Boost, Not Hurt US Economy . — Alec Rivera, The Lipman Times, December 15, 2009
The Associated Press reports that, according to a recent AP-Stanford University poll, 40% of Americans believe that climate change action will create jobs and 46% believe that action will boost the economy. The poll shows that, despite Republican attempts to label the Congressional climate change proposal as a “job killer”, Americans still trust President Obama’s economic argument more. The same poll found that less than one third of Americans believed that the proposal would hurt the economy. Republicans hope to take the message of such proposals hurting gains in the job market to the final days of the Copenhagen Conference on Climate Change, where representatives from all over the world are scrambling to orchestrate a global plan to combat global climate change.
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U.S.: Aging Coal Plants Still a Fixture in South. — Jonathan Springston, IPS News, December 16, 2009
As governments negotiate future greenhouse gas emissions in Copenhagen, a recent report from Environment America has highlighted the problem of the United States’ older coal-fired power plants, which generated nearly three-quarters of U.S. carbon dioxide emissions from power plants in 2007. Altogether, U.S. power plants dumped 2.56 billion tonnes of carbon dioxide into the air in 2007.  Of the nation’s 25 dirtiest power plants, 10 are in the South – and all but one of those was built before 1980. The nation’s dirtiest power plant, the Southern Co.’s Plant Scherer in South Georgia, emitted more than 27.2 million tonnes of carbon dioxide in 2007.
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Acid oceans: the ‘evil twin’ of climate change. — John Heilprin, The Associated Press, December 18, 2009
Far from Copenhagen’s turbulent climate talks, the sea lions, harbor seals and sea otters reposing along the shoreline and kelp forests of this protected marine area stand to gain from any global deal to cut greenhouse gases. These foragers of the sanctuary’s frigid waters, flipping in and out of sight of California’s coastal kayakers, may not seem like obvious beneficiaries of a climate treaty crafted in the Danish capital. But reducing carbon emissions worldwide also would help mend a lesser-known environmental problem: ocean acidification.
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Other

Measuring land carbon is taking an educated stab in the dark. — Adam Morton, The Sydney Morning Herald, December 15, 2009
Carbon accounting is a complicated business at the best of times, and the best of times rarely occur on the land. The Government says it wants to capture all man-made greenhouse gas emissions without leaving the country liable for the extraordinary variation in emissions due to the ”natural disturbances” of bushfire and drought. (In a bad year, bushfires can increase our footprint by a third.)
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Biochar – soil solution for carbon capture? — Tom Allen-Stevens, Farmers Weekly Interactive, December 14, 2009
It’s expensive and difficult to produce, its benefits for soil are questionable and there are legislative issues that must be overcome. Yet biochar could become the most important agricultural input since John Bennet Lawes discovered artificial fertiliser over 150 years ago. Biochar is a bit like charcoal. It is a black carbon material produced during pyrolysis. This is where biomass is processed in a low or zero-oxygen environment to release energy-rich gases which are then used for producing liquid fuels or directly for power and heat generation.
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The Nitrogen-Biochar Link. — Tom Konrad, The Energy Collective, December 14, 2009
Promoters of Biochar should ally with fishermen and other groups concerned about ocean dead zones caused by nitrogen runoff. The folks at the Carbon War Room are trying to save the world by tackling the trickiest problems in addressing climate change.  One of their current focus points is biochar.  I’m one of very few investment writers who has taken notice of biochar so far, and they called me to ask what I thought needed to be done to bring in private investment dollars.  Getting investors interested in biochar is going to be tricky.
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Biochar: What Is It, And Why Should I Be Interested? — Cattle Network, December 16, 2009
If it seems the term “biochar” seems to appear more frequently, you may well be correct. Biochar may be one of those words that was tucked only in science labs until sometime this year when someone “let the genie out of the bottle.” And recently, its increased use may show up on one of those year-end lists of “What did 2009 do for us?” If you’ve not encountered the term previously and want to be prepared, or want to play catch up with your colleagues without sounding naïve, consider this as an introduction to a new agro-enviro-addition to your vocabulary.
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Former W.Va. industrial eyed for solar use. — The Associated Press, December 17, 2009
The U.S. Environmental Protection Agency says it’s considering several former Kanawha Valley industrial sites for redevelopment into solar energy projects. The so-called brownfield sites are all located in Nitro and several were once occupied by chemical manufacturing companies. The federal agency says given the sites’ history and current environmental concerns, their reuse and redevelopment is limited. EPA says the Nitro location is one of 13 nationwide it is considering through its Re-Powering America Program. EPA is working with the U.S. Department of Energy to locate both small- and large-scale solar energy power stations. A feasibility study on the Nitro sites should be completed by next spring.
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Environmental Assessment for BP Solar Array Project Released. — Brookhaven National Laboratory News, December 16, 2009
In accordance with the National Environmental Policy Act, the Department of Energy (DOE) has prepared an Environmental Assessment (EA) of the proposed BP solar array project at Brookhaven National Laboratory. This evaluation of the construction and operation of the proposed facility found that there would be no significant impact. The proposed project involves DOE granting an easement to BP Solar to construct two large-scale commercial solar photovoltaic arrays of approximately 18.5 megawatts (MW) each that would cover approximately 200 acres of the Brookhaven Lab site. Electricity generated by these arrays would be connected into the regional utility power grid. The arrays would utilize, where possible, areas already cleared (agricultural field, firebreaks, and brownfields).
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Activists contest EPA actions on proposed mine. — Judith Kohler, The Associated Press, December 14, 2009
he Environmental Protection Agency is violating laws requiring public input by working behind closed doors to draft regulations for a proposed uranium mine in northern Colorado, activists said, citing agency documents obtained under the Freedom of Information Act. The EPA said Thursday it isn’t violating any laws but is collecting information in anticipation of a permit application from Powertech USA, which wants to mine uranium using technology that injects a solution underground to dissolve and extract the mineral. Attorney Jeff Parsons of the Western Mining Action Project, which obtained the EPA documents, and Matt Garrington of Environment Colorado say any rules for so-called “in-situ” uranium mining should be devised publicly and on a national level.
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December 14, 2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. For the next two weeks, I have added a special section on the Copenhagen Climate Talks.  If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@taberlaw.com with the word “subscribe” in the subject line.

COPENHAGEN CLIMATE CHANGE SUMMIT

Copenhagen climate talks will hinge on economics. — Jim Tankersley, The Los Angeles Times, December 7, 2009
When world leaders gather in Copenhagen today for negotiations on a new agreement to combat climate change, their success or failure will ride on economics, not environmental science. Theoretically, the two-week conference will focus on measures to limit emissions of the heat-trapping gases blamed for global warming. But the major debates will center on money: How could emission limits affect major industries and the jobs they provide? How could a new climate treaty reshape the global economic playing field? Those issues sharply divide some of the most important players at the conference, as they ponder the economic possibilities and pitfalls.
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UN climate science head hopes for more US action. — Charles J. Hanley, The Associated Press, December 6, 2009
By executive action, the Obama administration can boost the U.S. target for reducing greenhouse gas emissions beyond levels envisioned in legislation working its way through Congress, the head of the U.N. climate science network said Sunday. “There is scope for going above what is going to be legislated,” Rajendra Pachauri, chairman of the Intergovernmental Panel on Climate Change, told The Associated Press on the eve of the U.N. climate conference in Copenhagen. Senate and House bills capping carbon dioxide emissions would reduce them by 17 to 20 percent by 2020, compared with 2005 levels. Compared with 1990 levels, the standard U.N. benchmark, that’s only a 3-4 percent reduction, experts calculate, a contribution far short of what scientists say is needed among industrial countries to avoid dangerous climate change.
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U.S. urged to do more on climate. — Juliet Eilperin, The Washington Post, December 7, 2009
The Obama administration’s opening bid in the climate talks beginning Monday in Copenhagen is not impressing some key constituencies. Kevin Conrad, executive director of the Coalition for Rainforest Nations and a special envoy for Papua New Guinea, said in an interview that while Obama has improved the rhetoric, “when you look at what they’re proposing, it’s absolutely unimpressive.” The United States has pledged to reduce its greenhouse emissions “in the range of 17 percent” compared with 2005 levels — equivalent to a 3.4 percent cut from 1990 levels, the baseline most of the world uses.
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U.S. action on climate policy is key to international treaty. — Renee Schoof, McClatchy Newspapers, December 6, 2009
Negotiators in Copenhagen will try to nail down all the main elements of a treaty to curb global warming in the next two weeks, but a final agreement won’t be possible until the United States figures out what it will do to reduce emissions of heat-trapping pollution. President Barack Obama plans to visit the talks on their final day to promise that the U.S. will cut its share of emissions and to press for a strong agreement. The world, however, will be watching to see whether he also signals a willingness to pressure Congress to enact the law that’s needed to make that happen. Despite charges by some critics that data on global temperatures have been altered, the evidence of climate change is conclusive and worsening.
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Adapting to climate change: It’s do or die, experts say. U.N. conferees are ready to discuss. — Seth Borenstein, The Associated Press, December 6, 2009
With the world losing the battle against global warming so far, experts are warning that humans need to follow nature’s example: Adapt or die. That means elevating buildings, making taller and stronger dams and seawalls, rerouting water systems, restricting certain developments, changing farming practices, and ultimately moving people, plants, and animals out of harm’s way. Adapting to rising seas and higher temperatures is expected to be a big topic at the U.N. climate-change talks in Copenhagen this week, along with the projected cost – hundreds of billions of dollars, much of it going to countries that cannot afford it.
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‘Hopenhagen’ is the mood as global climate summit opens. — Jim Tankersley, The Los Angeles Times, December 7, 2009
After a long day of dire warnings and impassioned pleas about the world’s changing climate, hundreds of Danes and visitors from around the globe bundled themselves against a damp cold Monday and filled the Copenhagen town square. They jumped with a live rock band, pedaled stationary bikes on display and gazed at a 65-foot rotating globe. At the party entrance hung a banner, stenciled in green with a play on words that summed up the crowd’s mood: “Hopenhagen.”
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Copenhagen: Focus on the (Carbon) Negative. — Nicholas Eisenberger & David Gottesman, Harvard Business Publishing, December 7, 2009
There are plenty of reasons to be disappointed with the Copenhagen climate talks that start today: the meeting will not result in a binding agreement, the timeframe for such an agreement is potentially years away, and of course, neither the US nor China has committed to binding reductions. While all this is certainly disappointing, the problem with the talks is actually much more serious. Even if the meeting did result in aggressive, binding reduction targets, achieving those reductions won’t reduce atmospheric CO2 enough to prevent catastrophic climate change.
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U.S. Climate Change Plan Is Idea Rich, Cash Poor. — Christopher Joyce, National Public Radio, December 7, 2009
The United States has all the tools it needs to replace its old coal energy economy and drastically cut greenhouse emissions. So what’s missing? Political will — and money. The warming climate is driving several thousand people north, to Copenhagen — for two weeks, anyway. Representatives from nearly 200 countries are gathering there to try to work out a new international treaty to curb global warming, one that would supplant the Kyoto Protocol, which expires in 2012. Prospects are dim, though, for a binding agreement at the Conference of the Parties to the United Nation’s Framework Convention on Climate Change. But negotiators say they hope to at least plot a course toward a new agreement that could be signed at next year’s climate conference in Mexico City.
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Hidden climate change bill haunts developing nations: $30 billion estimate just a down payment on future funding, U.N. says. — Eric Johnston, The Japan Times, December 9, 2009
After the debate over emissions reductions targets, but very much connected to it, the question of how much it will cost to mitigate environmental disasters in the poorest countries — and how much money will be needed to help them get technology and financing to adapt to worsening weather patterns — is a key element of the Copenhagen climate talks. The U.N. wants rich nations to put up $10 billion annually between 2010 and 2012 for climate change mitigation. Japan, under the Hatoyama Initiative, has pledged more than $9 billion, according to Environment Minister Sakihito Ozawa, but the exact amount is still being discussed. However the U.N. says $30 billion is only a down payment on future funding, and that the final cost will likely run into hundreds of billions of dollars.
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Copenhagen Roundup: Day 3. — Environmental Leader, December 9, 2009
A leak of a Danish draft proposal, which by all accounts has put a bigger wedge between rich and poor nations, set the tone for day three (Dec. 9) of the 15th United Nations Climate Change Conference (UNFCCC) in Copenhagen. In what is shaping up to be a developed versus developing country slugfest of words, developing countries have released a draft of their own. The heated discussions began Dec. 8 when news leaked of a Danish draft proposal that was described by the Guardian as a document “prepared in secret” by a group of individuals known as “the circle of commitment”.
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Climate Change and the Precautionary Principle. — Ross Douthat, The New York Times, December 9, 2009
In his column today, my colleague Thomas Friedman argues eloquently for a Dick Cheney-esque, “one percent doctrine” approach to climate change, which would treat caps on greenhouse emissions as a rational way to “buy insurance” against a potentially catastrophic outcome. Along the way, he cites Cass Sunstein on the “precautionary principle,” which (per Sunstein) holds that “it is appropriate to respond aggressively to low-probability, high-impact events.” It’s worth noting, though, that Sunstein himself is somewhat skeptical of using the precautionary principle as a guide to policymaking. Further on in the blog post cited in Friedman’s column, he points out that “a firm response” to a low-probability risk “might impose costs and create risks of its own.”
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UNFCCC De Boer: Good Progress Being Made At Climate Talks. — The Wall Street Journal, December 10, 2009
he more than 190 countries negotiating an accord to limit global warming at the Copenhagen summit are making good progress, especially in the area of technology to fight climate change in developing countries, the United Nations climate chief said Thursday. “There is real seriousness now to negotiate, good progress is being made in a number of areas, especially in the area of technology,”
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UN official warns of climate change’s human costs. — The Associated Press, December 10, 2009
The U.N.’s Emergency Relief Coordinator says the effects of climate change are already being felt across the developing world and he hopes much of the money devoted to the problem will go toward helping it adapt. John Holmes said Thursday that regardless of what is decided at the climate conference in Copenhagen, the effects, including more intense rains and longer droughts, will be with us for at least 50 years.
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U.N. group drafts plan to reduce emissions. — Juliet Eilperin, The Washington Post, December 12, 2009
The U.N.-sponsored climate conference — characterized so far by unruly posturing and mutual recriminations — gained renewed focus Friday with the release of a document outlining ambitious greenhouse-gas reductions over the next 40 years, with industrialized nations shouldering most of the burden in the near term.
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Schwarzenegger will share California climate change story at Copenhagen. — The Associated Press, December 10, 2009
Gov. Arnold Schwarzenegger plans to carry California’s climate change story to a conference in Copenhagen next week, a move that will burnish his international image as a leader in the war on global warming. He’ll also take an entourage of 20 administration officials to Denmark. Three nonprofit organizations are picking up the tab. Administration officials say the trip and a speech Schwarzenegger will deliver on Tuesday at the United Nations conference will underscore how he has fought a political guerrilla war to cut greenhouse gas emissions – often against naysayers in his own Republican Party – as a state executive acting on what is usually considered a national or international issue.
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Copenhagen Field Notes. — Dan Shepard, Gateway to the UN System’s Work on Climate Change, December 11, 2009
The hallmark of the first week has been the jockeying for position, in the negotiating rooms and in the press conference room. It seems that every country or group of countries has held a press conference, either to explain its position or just to let the press know they are there.  Most prominent have been the Group of 77, representing developing countries, the European Union, the United States, and China. There have been other groupings, such as ALBA, which includes Bolivia, Cuba, Nicaragua and Venezuela.  Today marked the first official press briefing of the Least Developed Countries, attended by Lesotho, Benin, Zambia, The Gambia and Timor-Leste. But mastering the art of a press briefing also involves leaving time for questions and answers—in this case there was time for one question but no time for the answer.
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Copenhagen is center of day of climate action. — Aubrey Ann Parker, Detroit Free Press, December 12, 2009
“Today is going to be the most exciting day of the whole conference,” Brian told me this morning, after I got off the phone with my mom, the birthday girl. Dubbed “Real Deal Day,” an estimated 5,000 climate demonstrations staged for today, 12/12/09, around the world are asking for only one thing — a real deal to come out of the Copenhagen climate negotiations. Today one clear, united, and very loud voice is traversing the globe like wildfire — starting with the dawn of the day in the South Pacific, in the far east of the world.
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Thousands March in Copenhagen, Calling for Action. — Tom Zeller, Jr., The New York Times, December 10, 2009
Waving a panoply of signs warning that the planet is in peril and that powerful nations should take note, tens of thousands of demonstrators from around the globe took to the streets here on Saturday for the largest protest planned in two weeks of talks on a global strategy to combat climate change.
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Failure at Copenhagen will be major setback: RK Pachauri. — DNA India.com, December 12, 2009
RK Pachauri, head of the Nobel-winning UN panel on climate change, today said a failure to come out with an agreement to combat global warming at Copenhagen will be a “major setback” to the world.
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GOP: US competitiveness at risk from climate pact. — The Associated Press, December 12, 2009
A Republican lawmaker says U.S. participation in an international agreement on climate change would result in soaring energy prices and damage America’s economic competitiveness. Rep. Marsha Blackburn of Tennessee is among a group of GOP congressional critics of Democratic climate legislation who plan to travel to the climate conference in Copenhagen next week to voice opposition to the blueprint offered by President Barack Obama.
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Businesspeople join the ranks of climate treaty proponents. — Jim Tankersley, The Los Angeles Times, December 10, 2009
Reporting from Copenhagen – From the legions of environmental Cassandras gathered here for international climate negotiations, an unlikely batch of advocates has emerged to champion a new global warming agreement: businesspeople. Corporate leaders, the rarest of commodities at the first climate talks nearly two decades ago, have staked a claim to the title of biggest player in Copenhagen aside from the official negotiators.
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Climate change summit draft released. — ANTARA News, December 12, 2009
Indonesian delegation member Agus Purnomo said that the delegation has received copies of three Climate Change Summit draft decisions of the AWG-LCA, AWG-KP and SBSTA sessions on Friday. The AWG-LCA (Ad Hoc Working Group on Long-term Cooperative Action under the Convention) of the participating countries in the United Nations Framework Convention on Climate Change (UNFCCC) that addresses long-term cooperation in dealing with the impacts of climate change. Meanwhile, the AWG-KP (Ad Hoc Working Group on Further commitments for Annex I Parties under the Kyoto Protocol) held negotiations UNFCCC states that have ratified the Kyoto Protocol. While the SBSTA (Subsidiary Body for Scientific and Technological Advice) is an additional body of the UNFCCC to discuss and provide inputs of science, technology and methodology.
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The basis of the Copenhagen climate talks. — Physics Today, December 10, 2009
While negotiations continue over the formation of an international emissions treaty in Copenhagen (COP15), the run up to the conference helped develop a rash of announcements regarding emission caps and research and development from Brazil, China, India, South Africa and the US. Although many of these announcements fall short in meeting the goal of trying to limit the mean global temperature rise to 2 °C, it is progress compared to their earlier commitments and lays the groundwork for further negotiation at the COP15 meeting. All emission data was obtained from http://wwww.climateactiontracker.org
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Chinese official calls US negotiator irresponsible. — The Associated Press, December 11, 2009
China’s Vice Foreign Minister He Yafei on Friday said the chief U.S. climate negotiator either lacks common sense or is “extremely irresponsible” for saying that no U.S. climate financing should be going to China. In unusually blunt language, He said he was “shocked” by U.S. climate envoy Todd Stern’s comments earlier this week that China shouldn’t expect any American climate aid money and that the United States was not in any debt to the world for its historical carbon emissions.
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SETTLEMENTS

Proposed Consent Decree, Clean Air Act Citizen Suit. — Environmental Protection Agency, Federal Register, December 7, 2009
In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. Jackson, No. 09–cv– 02109–MSK–KLM (D. CO.). On September 3, 2009, Plaintiff filed a complaint alleging: (a) That EPA failed to perform a mandatory duty under section 110(k)(5) of the CAA, 42 U.S.C. 7410(k)(5), to require the State of Utah to revise the State Implementation Plan regarding Utah Regulation 307–107–1 through 307–107–5 (‘‘the Utah breakdown provision’’), relating to excess emissions resulting from the breakdown of pollution control equipment, and (b) that EPA failed to timely respond to a petition from WildEarth Guardians requesting EPA to require Utah to revise the Utah breakdown provision consistent with CAA section 110(k)(5). The proposed consent decree establishes a deadline for EPA to take final action either issuing a rule under section 110(k)(5) requiring Utah to revise the Utah breakdown provision or determining that a revision is unnecessary.
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Proposed Consent Decree, Clean Air Act Citizen Suit. — Environmental Protection Agency, Federal Register, December 7, 2009
In accordance with section 113(g) of the Clean Air Act, as amended (‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the Northern District of California: WildEarth Guardians v. Jackson, No. 4:09–CV–02453–CW (N.D. CA). On June 3, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty to either approve a State Implementation Plan (‘‘SIP’’) or promulgate a Federal Implementation Plan (‘‘FIP’’) for California, Colorado, Idaho, New Mexico, North Dakota, Oklahoma, and Oregon to satisfy the requirements of Clean Air Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i), with regard to the 1997 National Ambient Air Quality Standards (‘‘NAAQS’’) for 8-hour ozone and fine particulate matter (‘‘PM2.5’’). Under the terms of the proposed consent decree, deadlines are established for EPA to take action.
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EPA settles with G and S Titanium on hazardous waste violations; $33,600 penalty set. — EPA News Release, December 8, 2009
U.S. Environmental Protection Agency Region 5 has settled with G & S Titanium Inc., Wooster, Ohio, for alleged violations of the authorized Ohio Resource Conservation and Recovery Act requirement for treatment, storage and disposal facilities. A $33,600 penalty has been set. The company failed to have a storage permit, conduct daily inspections of and keep records on its hazardous waste tank, provide annual employee training and keep records about it and maintain written job descriptions. G & S, a titanium manufacturer, generates hazardous waste acid and chromium sludge that requires proper management by the Resource Conservation and Recovery Act. Under the RCRA, EPA controls hazardous waste from its production to final disposal.
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Proposed Administrative Cost Recovery Settlement Under Section 122(h) of the Comprehensive Environmental Response Compensation and Liability Act, as Amended, 42 U.S.C. 9622(h), Coffeyville Resources Refining & Marketing, LLC, Coffeyville, KS. — Environmental Protection Agency, Federal Register, December 10, 2009
In accordance with Section 122(i) of the Comprehensive Environmental Response Compensation and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement with Coffeyville Resources Refining & Marketing, LLC (CRRM), Coffeyville, Kansas, for recovery of past response costs concerning the response actions taken by CRRM relative to the manufacture of propane containing higher than normal concentrations of organic fluoride. The settlement requires CRRM to pay the Hazardous Substances Superfund for costs incurred by the United States Environmental Protection Agency, Region 7, in response to overseeing and investigating this response. The settlement requires CRRM to pay $54,625.06, to the Hazardous Substances Superfund. The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).
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Tri-State, environmentalists reach regulatory deal. — Judith Kohler, The Associated Press, December 10, 2009
A regional rural electric provider agreed Wednesday to open up its planning process, settling a dispute over whether Colorado officials have the authority to regulate the utility. The Colorado Public Utilities Commission accepted the agreement between Colorado-based Tri-State Generation and Transmission Co. and Western Resource Advocates, a Boulder-based environmental law and policy group. Under the terms, the public and state regulators will have more input into Tri-State’s resource plans, which includes projected demands for electric power and the source and type of power the utility expects to use.
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EPA reaches agreement with Dow Agrosciences on clean-air violations. — EPA News Releases, December 10, 2009
U.S. Environmental Protection Agency Region 5 has reached an agreement with Dow AgroSciences LLC on alleged Clean Air Act violations at the company’s pesticide production facility at 305 N. Huron Ave., Harbor Beach, Mich. The agreement, which includes a $70,000 penalty, resolves EPA allegations that Dow Agro violated national emission standards for hazardous air pollutants at its Harbor Beach plant. The company generates methanol and uses xylene, both hazardous air pollutants, in making pesticide active ingredients at the plant.
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Government settlement to pay for Treece cleanup. — Matthew Clark, The Morning Sun, December 12, 2009
A sizable government settlement with a mining company will pay some dividends to a rural southeast Kansas community that has been struggling for years. On Thursday, the federal government announced that it reached a settlement with Asarco LLC for $1.79 billion. The settlement will pay for cleanup at 80 polluted sites nationwide, including the one in Treece. The settlement includes $25.1 million to help with the cleanup and restoration of the Superfund site in Cherokee County.
“The efforts are already underway,” said Rep. Doug Gatewood, D-Columbus. “The final stage was for $66 million and this will get those efforts underway.”
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DECISIONS

TE Product Pipeline Company, LLC, Fined for Violating the Clean Water Act. — EPA News Release, December 8, 2009
The Environmental Protection Agency (EPA) has fined the TE Product Pipeline Company, LLC, of Baytown, Texas, $25,855 for violating the Clean Water Act. Today’s announcement settles a Clean Water Act violation for a 1,470-gallon oil spill into Cedar Bayou, a tributary of Galveston Bay, and adjoining shorelines, in Chambers County, Texas, on April 28, 2009.
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Equipment company to pay for illegal hazardous waste dump. — Herald Staff Report, The Monterey County Herald, December 8, 2009
A heavy equipment dealer has agreed to pay $375,000 in penalties after being investigated for illegally dumping hazardous waste at the Sun Street Transfer Station in Salinas. Monterey County prosecutors said the Quinn Group agreed to pay the fines and train employees in how to handle hazardous materials and waste. Prosecutors said the company did not admit any wrongdoing as part of a settlement with the county. Two of Quinn Group’s subsidiaries are Alta Lift and Quinn Company, which sells, rents and services Caterpillar brand machines and has a location at 1300 Abbott St. in Salinas. The company improperly transported and disposed of containers with residual oil and transmission fluid, coolant, brake pads and other items to the transfer station in violation of environmental law, prosecutors said. Of the money Quinn agreed to pay, $200,000 is for civil penalties, $100,000 for the cost of enforcement by the county’s Environmental Health Division, and $75,000 will go to fund environmental outreach education programs in Monterey County, prosecutors said.
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EPA Orders Thomas Exploration Company to Stop Discharging. — EPA News Release, December 9, 2009
The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to the Thomas Exploration Company of Tulsa, Oklahoma, for violations of the federal Clean Water Act. An October 13, 2009, EPA inspection of the company’s oil field production and brine disposal facility in Okmulgee County, Oklahoma, found an unauthorized discharge of oil field brine generated by production activities into a tributary of the Deep Fork River. The inspection also revealed that water located at the discharge point of entry into the tributary of the Deep Fork River was contaminated from brine discharges and salts.
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EPA Fines Puerto Rico Air National Guard for Improperly Managing Underground Petroleum Storage Tanks. — EPA News Release, December 9, 2009
The U.S. Environmental Protection Agency (EPA) has issued a complaint to the Puerto Rico Air National Guard, part of the U.S. Air Force, for improperly managing underground tanks used to store diesel fuel and gasoline at its facility in Toa Baja. Leaking underground storage tanks pose significant threats to soil, surface water and ground water. EPA cited the Puerto Rico Air National Guard for failing to properly monitor its storage tanks for leaks and maintain records of release detection for two underground storage tank systems; the Agency is seeking a civil penalty of $154,353.
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Bristol company fined for violating Clean Water Act. — Diane Church, The Bristol Press, December 11, 2009
A Bristol construction company was fined $21,600 for violating the Clean Water Act when it allowed unpermitted fill and sediment to enter wetlands in town.The U.S. Army Corps of Engineers, New England District issued a Class 1 Administrative Penalty against Carpenter Realty Co. of Bristol. The company was issued a permit in May of 2005 authorizing it to place fill material in 999 square feet of wetlands as it built a road for access to an industrial subdivision off Queen Street. The Army Corps said the permit was violated because fill material or disturbance occurred in waters and wetlands at five separate locations during grading of the site. Allowing unpermitted fill in wetlands and U.S. waters and failure to adequately install or maintain erosion control devices were violations of the permit.
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Road Builders Lose Appeal of EPA Clean Air Act Rules. — Cary O’Reilly, Bloomberg, December 11, 2009
The biggest U.S. industry group for road builders lost a court bid to force the Environmental Protection Agency to declare that federal law trumps state regulations governing construction vehicle emissions. The American Road and Transportation Builders Association, which represents builders and suppliers of highway, airport and public-transportation projects, waited too long to file its challenge over EPA’s enforcement of the Clean Air Act, the U.S. Court of Appeals in Washington ruled today.
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Second Circuit upholds Decision to Allow Recovery of Costs under CERCLA in Rochester Gas & Electric v. GPU, Inc. — Leagle, December 10, 2009
Upon due consideration it is hereby ordered, adjudged and decreed that the judgment and order of the district court entered on January 6, 2009, and March 31, 2009, respectively, are AFFIRMED.  Defendant GPU, Inc. (“FirstEnergy”)^{[ 1 ]} appeals from a judgment in favor of plaintiff Rochester Gas and Electric Corp. (“RG&E”) entered after a bench trial on RG&E’s suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., to recover costs incurred during the voluntary cleanup of two manufactured gas plants. FirstEnergy argues that the district court (1) misapplied established principles of New York law in allowing RG&E to pierce its own corporate veil; (2) improperly considered and adopted the legal conclusions of RG&E’s expert on corporate governance; (3) erred in concluding that FirstEnergy was derivatively liable under CERCLA as the corporate successor to Associated Gas and Electric Company (“AGECO”), RG&E’s former corporate parent; and (4) erred in concluding that AGECO’s bankruptcy did not extinguish RG&E’s CERCLA claim.
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LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

Civil Conspiracy Lawsuits Filed Against Climate Change Deniers. — Linda McClure, Solve Climate, December 6, 2009
The need for climate legislation is based upon a wide body of scientific evidence that shows global warming is happening now and warns of climactic changes as that warming continues. Skeptics and some in the fossil fuels industries have joined forces to claim that the climate science is invalid, hoping to decrease public and Congressional support by tainting the foundation for legislation. In many ways, their disinformation campaign carries similarities to the tactics of the tobacco industry that “misled the public about the scientific evidence linking smoking to lung cancer and heart disease,” the Union of Concerned Scientists notes in its report Smoke, Mirrors and Hot air: How ExxonMobil Uses Big Tobacco’s Tactics to Manufacture Uncertainty on Climate Science.”
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JEFFERSON CITY: DNR wants legal action over asbestos removal. — St. Louis Dispatch, December 7, 2009
The Missouri Department of Natural Resources and its Air Conservation Commission have asked the attorney general to pursue legal action against Northeast Ambulance and Fire District Chief Joseph L. Washington for alleged violations regarding asbestos at a fire district building. The state agency is accusing Washington, while in his former position as fire board president, of violations regarding improper removal and disposal of asbestos-containing floor tile from the district’s building in Beverly Hills. Washington is scheduled for trial in federal court on Dec. 14 on five counts of violating the Clean Air Act. Those charges also stem from asbestos removal at the district building.
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Missouri DNR to Pursue Asbestos Charges against Fire Chief Washington. — Mesothelioma, December 10, 2009
Charges filed against Joseph Washington and the Northeast Ambulance and Fire Protection District on July 7 by the Missouri Department of Natural Resources (DNR) are being expanded, exactly five months later, with the DNR asking the state’s Attorney General to take up the case against the fire district and its former head, Joseph Washington. Washington first ran afoul of the DNR when he authorized the 2008 removal of asbestos-laden floor tiles from the fire district’s 5,499-square-foot building by district workers rather than licensed asbestos professionals, and then discarded the tiles in a manner inconsistent with AHERA (Asbestos Hazard Emergency Response Act, or Title 2) provisions established by the U.S. Environmental Protection Agency.
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Kennedy calls mountaintop removal mining in W.Va. a crime against people, nature. — Vicki Smith, Associated Press, December 7, 2009
Mountaintop removal mining in Appalachia is a crime, and Robert F. Kennedy Jr. said Monday that if the American people could see it, there would be a revolution. “We are cutting down the Appalachian Mountains, these historic landscapes where Daniel Boone and Davy Crockett roamed that are so much a part of American culture,” the environmental attorney said at a rally to stop blasting on southern West Virginia’s Coal River Mountain.
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National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List. — Environmental Protection Agency, Federal Register, December 8, 2009
EPA, Region 5 is publishing a direct final Notice of Deletion of theKerr-McGee Reed-Keppler Park Superfund Site (Site), located in West Chicago, Illinois, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Illinois, through the Illinois Environmental Protection Agency (IEPA), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions underSuperfund.
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Port of Olympia Sued Over Budd Inlet Pollution. — The Associated Press, December 8, 2009
An activist group is suing the Port of Olympia, claiming that discharges of stormwater from its terminal are polluting south Puget Sound. The nonprofit group Olympians for Public Accountability filed the Clean Water Act lawsuit in U.S. District Court in Seattle on Monday. It says that despite previous promises, the port has failed to monitor and clean up its discharges into Budd Inlet, especially from Weyerhaueser Corp.’s log export facility. The lawsuit says the stormwater is depleted of oxygen and includes unacceptable levels of zinc, copper and other pollutants.
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Medical Waste Institute and Energy Recovery Council v. Environmental Protection Agency, Case No. 09-1297. — Petition for Review, U.S. Court of Appeals for the D.C. Circuit, December 7, 2009
Pursuant to Rule 15 of the Federal Rules of Appellate Procedure and Section 307(b) of the Clean Air Act, 42 U.S.C. 5 7607(b), the Medical Waste Institute and the Energy Recovery Council hereby petition the Court for review of a final agency action of the United States Environmental Protection Agency entitled “Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Final Rule,” published in the Federal Register at 74 Fed. Reg. 5 1,368 on October 6, 2009.
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New lawsuit could stall plans for 49ers stadium in Santa Clara. — John Cote, San Francisco Chronicle, December 8, 2009
The company that owns Great America has filed a lawsuit that would void a proposal between Santa Clara and the 49ers to build a 68,500-seat stadium on a city-owned parking lot used by the theme park. The lawsuit was filed on the eve of the Santa Clara City Council deciding Tuesday when to put the stadium proposal to its residents. Santa Clara officials were quick to downplay the lawsuit’s impact, and an attorney for Cedar Fair L.P., owner of Great America, told the city that the Ohio-based company was simply trying to protect its rights and would dismiss the lawsuit if ongoing talks with the city went well.
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Budd Inlet: Group claims port broke promises from 2007; port director says he’s surprised by suit. — John Dodge, The Olympian, December 9, 2009
The Port of Olympia’s stormwater management violates the federal Clean Water Act and leads to pollution of lower Budd Inlet, a citizen watchdog group claimed in a lawsuit filed in federal court. The nonprofit Olympians for Public Accountability charged that port officials have failed to live up to promises to better monitor and treat stormwater from their marine terminal operations. The lawsuit, filed Monday in U.S. District Court in Tacoma, seeks civil penalties of more than $30,000 per day of violation.
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Delaware in court to stop dredging of Delaware River. — Pete McCarthy, The News of Cumberland County, December 9, 2009
Referring to the Delaware River as one of the “most polluted” in the nation, a state’s attorney argued federal officials should not begin an effort to deepen the main shipping channel until all permits are in place. The State of Delaware was in U.S. District Court in Wilmington Tuesday morning to seek a preliminary injunction to stop the U.S. Army Corps of Engineers from beginning the dredging project, which could commence by the end of this month. The plan is to deepen the main channel – which reaches from the mouth of bay north to Philadelphia – from 40 feet to 45 feet.
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Environmentalists threatens pollution lawsuit over city’s wastewater system. — The Associated Press, December 10, 2009
In a complaint documenting foamy sewage discharges and manholes that frequently overflow, an environmental group on Tuesday threatened to file a lawsuit forcing Memphis to clean up its wastewater system. The Tennessee Clean Water Network issued a 60-day notice of its intent to sue the city for allegedly violating pollution-discharge permits at its Maynard C. Stiles North Treatment Plant — one of Memphis’ two main treatment facilities along the Mississippi River.
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State environmental agency to face whooping crane lawsuit. — Asher Price, American Statesman, December 9, 2009
In an effort it says will protect the endangered whopping crane, an alliance of Gulf Coast environmental and business groups, led by a prominent South Texas family, announced Tuesday that it will sue Texas’ environmental agency over its water management. If successful, the planned suit could have consequences for water use in the Guadalupe River Basin — which includes Kerrville, New Braunfels, San Marcos and Victoria — and pumping from the Edwards Aquifer.
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EPA Orders Roberson Oil Company to Stop Discharging. — EPA News Release, December 10, 2009
The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to the Roberson Oil Company, Inc. of Ada, Oklahoma, for violations of the federal Clean Water Act.
An October 26, 2009, EPA inspection of the company’s oil field production facility in Pontotoc County, Oklahoma, found an unauthorized discharge of oil field brine generated by production activities into a tributary of Clear Boggy Creek. The inspection also revealed that water located at the discharge point of entry into the tributary of Clear Boggy Creek was contaminated from brine discharges and salts.
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Largest Environmental Bankruptcy in U.S. History Will Result in Payment of $1.79 Billion towards Environmental Cleanup and Restoration / Largest recovery of money for hazardous waste clean up ever. — EPA News Release, December 10, 2009
As a result of the largest environmental bankruptcy in U.S. history, $1.79 billion has been paid to fund environmental cleanup and restoration under a bankruptcy reorganization of American Smelting and Refining Company LLC (ASARCO), the Justice Department, U.S. Environmental Protection Agency, Department of the Interior and Department of Agriculture announced today. ASARCO is a leading producer of copper and one of the largest nonferrous metal producers in the United States. It is based in Arizona and is responsible for sites around the country that are contaminated with hazardous waste.
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AG Sues Former Columbia Property Developer. — Maureen McCollum, KBIA.com, December 10, 2009
A former Columbia development business is under fire for violating the Clean Water Act. KBIA’s Maureen McCollum has more on the attorney general’s lawsuit. Although Garth Coleman Builders is no longer in business, the attorney general’s office wants it to pay for clean water violations. The Columbia developer had planned the Kinkade Crossing subdivision, but it was never completed. Garth Coleman Builders defaulted on a loan, so the property went into the possession of the bank.
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Groups Appeal for Environmental Review of Titan Cement Plant. — Southern Environmental Law Center, December 9, 2009
Groups today appealed to Wake County Superior Court for a comprehensive review of public health and environmental impacts from the proposed Titan America cement plant after a N.C. Department of Administration ruling allowed the plant to go forward without such a review. Built on the Northeast Cape Fear River in Castle Hayne, the cement kiln would be the fourth-largest cement plant in the country and a significant source of toxic emissions, such as mercury and hydrochloric acid. The mine for the limestone to make the cement would destroy about 1,000 acres of wetlands.
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EPA conducts search at Iowa GPC offices. — The Associated Press, December 10, 2009
Agents with the U.S. Environmental Protection Agency have served a search warrant at the Muscatine offices of Grain Processing Corp. GPC spokeswoman Janet Sichterman releasd a statement that acknowledges the search on Thursday. She says GPC is cooperating to provide the information the EPA is asking for but that the company is not aware of any particular allegations.
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300 Clean Water Act Violations! Illinois Citizens File Notice to Sue Reckless Coal Strip Mine. — Jeff Biggers, The Huffington Post, December 11, 2009
Dashing through the snow in the watersheds of some of the last old growth forest in Illinois … are discharges of illegal levels of pollutants, including manganese, total suspended solids, sulfates, iron, and acidic water, thanks to a reckless strip-mining coal operation. At the Fulton County Health Department in Canton, Illinois today, concerned Illinois citizens from the Sierra Club, Prairie Rivers Network, and the Environmental Law and Policy Center filed a notice of intent to sue Freeman United Coal Mining Company, regarding repeated and excessive violations of the Clean Water Act at their strip mine near Industry.
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REGULATORY ACTIONS

Air

Recent Posting to the Applicability Determination Index (ADI) Database System of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Program. — Environmental Protection Agency, Federal Register, December 7, 2009
This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.
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Small-Engine Makers Voice Worry As EPA Weighs New Ethanol Rule. — Mark Long, The Wall Street Journal, December 7, 2009
Boaters and small-engine-industry groups are worried their concerns about engine damage will be overlooked as the Environmental Protection Agency considers allowing as much as 15% ethanol in the nation’s gasoline. Since fuel with an ethanol content of up to 10% has been introduced across the U.S. in recent years, boaters have complained of problems. Now they are lobbying the EPA to test the effects of ethanol on small engines—in addition to the testing being done on car and truck engines—as the regulator weighs increasing the ethanol content.
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Ethanol and Smog: A Matter of Our Health. — Letter to the Editor, The New York Times, December 7, 2009
Re “E.P.A. Says It Expects to Raise Amount of Ethanol Allowed in Fuel Blends to 15%” (Business Day, Dec. 2): As the Environmental Protection Agency makes plans to raise the amount of ethanol allowed in fuel blends, there is a critical health and environmental issue to consider: burning ethanol/gasoline mixtures produces volatile organic compounds, like formaldehyde, precursors of smog. Smog (ground-level ozone) is toxic to the lining of the lungs and traps heat, worsening the “urban heat island effect” whereby the average temperatures are 7 degrees Fahrenheit above rural areas, making urban heat waves particularly lethal. Burning biofuels thus increases vulnerability to climate change and the accompanying increase in heat waves.
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Touted as Earth-friendly, incinerator accused of spewing poison. — Star Ledger Staff, Star Ledger, December 7, 2009
The garbage incinerator operating in the industrialized Ironbound section of Newark for 18 years, the largest of New Jersey’s five government trash burners, advertises itself these days as a soldier in the war against global warming. It’s a source of “renewable energy,” generating electricity for 50,000 households by burning nearly 1 million tons of trash each year at the Raymond Boulevard site, according to Covanta Energy, the corporate operator.
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Primary National Ambient Air Quality Standard for Sulfur Dioxide. — Environmental Protection Agency, Federal Register, December 8, 2009
Based on its review of the air quality criteria for oxides of sulfur and the primary national ambient air quality standard (NAAQS) for oxides of sulfur as measured by sulfur dioxide (SO2), EPA is proposing to revise the primary SO2 NAAQS to provide requisite protection of public health with an adequate margin of safety. Specifically, EPA proposes to establish a new 1-hour SO2 standard within the range of 50–100 parts per billion (ppb), based on the 3- year average of the annual 99^th percentile (or 4th highest) of 1-hour daily maximum concentrations. The EPA also proposes to revoke both the existing 24-hour and annual primary SO2 standards.
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Coal Dust In Appalachia Challenged. — Raviya Ismail, Earthjustice, December 8, 2009
On the very same day that the U.S. Environmental Protection Agency declared global warming pollution as a threat to human health, Earthjustice challenged the agency on an air pollution standard affecting folks in Appalachia. Earthjustice, representing several clean air advocates, is calling on the agency to require coal preparation and processing plants to take any measures to limit the dangerous coal dust kicked up by trucks traveling on plant roads.
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Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Air Interstate Rule; NOX SIP Call Rule; Amendments to NOX Control Rules. — Environmental Protection Agency, Federal Register, December 10, 2009
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision addresses the requirements of EPA’s Clean Air Interstate Rule (CAIR)  and modifies other requirements in Pennsylvania’s SIP that interact with CAIR including: The termination of Pennsylvania’s NOX Budget Trading Program; statewide provisions for large, stationary internal combustion engines; statewide provisions for large cement kilns; provisions for small sources of NOX in the Pennsylvania portion of the Philadelphia 8-hour ozone nonattainment area; and emission reduction credits. EPA is determining that the SIP revision fully implements the CAIR requirements for Pennsylvania. Although the D.C. Circuit found CAIR to be flawed, the rule was remanded without vacatur and thus remains in place. Thus, EPA is continuing to take action on CAIR SIPs as appropriate. CAIR, as promulgated, requires States to reduce emissions of SO2 and NOX that significantly contribute to, or interfere with maintenance of, the national ambient air quality standards (NAAQS) for fine particulates and/or ozone in any downwind state. CAIR establishes budgets for SO2 and NOX for States that contribute significantly to nonattainment in downwind States and requires the significantly contributing States to submit SIP revisions that implement these budgets. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participation in EPAadministered cap-and-trade programs addressing SO2,  NOX annual, and NOX ozone season emissions. In the SIP revision that EPA is approving, Pennsylvania will meet CAIR requirements by participating in these cap-and-trade programs. EPA is approving the SIP revision, with the exceptions noted, as fully implementing the CAIR requirements for Pennsylvania. Consequently, this action will also cause the CAIR Federal Implementation Plans (CAIR FIPs) concerning SO2, NOX annual, and NOX ozone season emissions by Pennsylvania sources to be automatically withdrawn.
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Agency Information Collection Activities; Proposed Collection; Comment Request; Exhaust Emissions of Light-duty Vehicles in Metropolitan Detroit. — Environmental Protection Agency, Federal Register, December 10, 2009
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request for a new Information Collection Request (ICR)  to the Office of Management and Budget (OMB).
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Regulators OK Limestone County Coal Plant Permit. — John McFarland, The Associated Press, December 9, 2009
Texas environmental regulators on Wednesday issued an air-pollution permit for a power plant expansion, the first coal-fired plant to be approved since the Environmental Protection Agency ruled part of the state’s permitting process didn’t conform to the Clean Air Act. Texas Commission on Environmental Quality commissioners approved NRG Limestone’s permit for an 800-megawatt expansion at the plant near Jewett, 100 miles south of Dallas. The facility has been opposed by environmental groups who fear increased pollution and plan to ask for a rehearing with the agency.
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Wisconsin steers clear of diesel debate. — Sean Ryan, The Daily Reporter, December 9, 2009
Builders nationwide are fighting a proposed California rule requiring reductions in diesel emissions from construction equipment. Industry groups fear California’s rule will set a standard for other states to adopt. But in Wisconsin, regulators are content partnering with, rather than policing, builders. “It’s always good to stay ahead of regulations,” said Jessica Lawent, air management specialist for the Wisconsin Department of Natural Resources. “The cleaner we can keep the air through voluntary methods, the less we need mandated regulations.” The California Air Resources Board is proposing a requirement that builders reduce diesel emissions from their heavy equipment. The rules would require builders buy new equipment or retrofit old machines for cleaner emissions.
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CARB to redo ‘stained’ report, mulls truck/bus delay. — Land Line, December 10, 2009
The California Air Resources Board will take a mulligan on its tainted research behind its mammoth Truck and Bus Rule, and may extend some of the rule’s enforcement options. CARB directed staff to re-research and write a report on diesel truck emissions and particulate matter. The report has been criticized by several board members after the report’s main researcher and statistician was proven to have lied about his education. Written under the authority of Assembly Bill 32 – the 2006 law that addresses global warming – the truck and bus rule requires trucking fleets to acquire diesel particulate matter filters and upgrade their truck engines beginning in 2012. Most small trucking businesses, including fleets of one to three trucks, will be exempt until 2014.
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EPA Signs Two Rules to Further Protect Ozone Layer. — EPA News Release, December 11, 2009
The U.S. Environmental Protection Agency has announced two final rules that will further cut ozone-depleting pollutants, protecting the Earth’s ozone layer and reducing harmful greenhouse gases. The rules reduce the availability and use of hydrochlorofluorocarbons (HCFCs), which are primarily used as refrigerants and harm the ozone layer. A diminished ozone layer allows more radiation to reach the Earth’s surface, leading to serious health effects, such as skin cancer, cataracts, and weakened immune systems.
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Other Articles on this Same Topic:

Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010. — Environmental Protection Agency, Federal Register, December 11, 2009
EPA is proposing to allocate essential use allowances for import and production of Class I ozone-depleting substances (ODSs) for calendar year 2010. Essential use allowances enable a person to obtain controlled Class I ODSs through an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for production or import of a specific quantity of Class I substances solely for the designated essential purpose. The proposed allocation in this action is 30.0 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2010.
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Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Inclusion of Fugitive Emissions; Interim Final Rule; Stay. — Environmental Protection Agency, Federal Register, December 11, 2009
EPA is making an interim final determination to provide an additional stay of the regulations concerning the inclusion of fugitive emissions.
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The Environmental Protection Agency issued its rules governing the availability and use of virgin HCFCs. — AHRI – Consulting-Specifying Engineer, December 11, 2009
The Environmental Protection Agency (EPA) issued its long-awaited rules governing the availability and use of virgin HCFCs in 2010 and beyond. The new rules will go into effect on Jan. 1, 2010 as specified by the Montreal Protocol.
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Power Plants Continue to Decrease SO­2 Emissions under EPA Cap and Trade Program . — EPA News Release, December 11, 2009
The U.S. Environmental Protection Agency announced today that power plants across the country decreased emissions of sulfur dioxide (SO₂), a precursor to acid rain, to 7.6 million tons in 2008. Emissions from sources in the Acid Rain Program fell by 52 percent compared with 1990 levels and are already below the statutory annual emission cap of 8.95 million tons set for compliance in 2010.
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U.S. EPA approves California’s 1-hour ozone plan in San Joaquin Valley/Action part of an ongoing effort to improve air quality. — EPA News Release, December 11, 2009
The U.S. Environmental Protection Agency today approved California’s plan and numerous rules to meet the federal 1-hour ozone health standard in the San Joaquin Valley beginning in 2010. “The rules and commitments in the plan are now enforceable by EPA and the public,” said Deborah Jordan, director of the Air Division for the EPA’s Pacific Southwest region. “Today’s action lays the groundwork for attainment of the more protective 8-hour ozone standard.”
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Water

Notice of Availability of Final Modification of National Pollutant Discharge Elimination System (NPDES) General Permit for Offshore Oil and Gas Exploration, Development and Production Operations Off Southern California. — Environmental Protection Agency, Federal Register, December 7, 2009
IEPA Region 9 is today issuing certain final modifications of its general NPDES permit (permit No. CAG280000) for discharges from offshore oil and gas exploration, development and production facilities located in Federal waters off the coast of Southern California. Region 9 proposed the permit modifications on April 3, 2009 (74 FR 15267), and the public comment period for the  proposal concluded on May 4, 2009. During the public comment period, Region 9 received written comments from four parties concerning the proposed modifications. Region 9 has prepared a  separate document (‘‘Response to Public Comments’’) that discusses the comments in more detail and Region 9’s responses to the comments. The final permit modifications differ only slightly from the proposed modifications. The changes from the proposal are discussed in more detail in the Addendum to Fact Sheet and in the Response to Public Comments. The final modified general permit establishes effluent limitations, prohibitions, and other conditions on discharges from facilities authorized by this general permit. These conditions are based on the administrative record.
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EPA Withdraws Water Permit for Peabody Coal Black Mesa. — The Speed of Dreams, December 3, 2009
In response to an appeal brought by a diverse coalition of tribal and environmental groups, this week the Environmental Protection Agency withdrew a controversial water permit for the massive Black Mesa Coal Complex, a coal-mine complex located on Navajo Nation and Hopi lands in northeastern Arizona. EPA’s permit withdrawal means that discharges of heavy metal and pollutants – including selenium, nitrates, and other heavy metals and toxic pollutants from coal-mining operations at the Black Mesa Complex – are threatening washes, tributaries, groundwater, and the drinking water for local communities, but are not being regulated.
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BP oil spill likely to spark regulator ire. —  Gulf News, December 7, 2009
UK oil major BP has uncovered a spill on a pipeline in Alaska, which, following major corrosion and resulting spills revealed in 2006 at the field, is likely to raise the ire of regulators. While BP has yet to determine the cause or release the scale of the spill, it has said it occurred on a pipeline feeding into Prudhoe Bay, Alaska, the biggest oilfield in North America, and could have an impact on production. The field usually produces 400,000 barrels a day.
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Federal crackdown urged in clean-water laws State failing to enforce laws, riverkeepers say. — Pamela Wood and E.B. Furgurson III, The Capital, December 7, 2009
The waterkeepers who patrol Maryland’s rivers and bays said the state is failing to enforce clean-water laws, and the federal government should take over the task. The waterkeepers – including the four riverkeepers who monitor Anne Arundel County’s waterways – filed a petition seeking the move with the federal government this morning. “The Clean Water Act is not being enforced,” said Chris Trumbauer, the West/Rhode Riverkeeper. “We need to do something bold to set this on the right course.”
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EPA Releases Guidance to Help Federal Facilities Better Manage Stormwater. — EPA News Release, December 8, 2009
The U.S. Environmental Protection Agency (EPA) has issued guidance to help federal agencies minimize the impact of federal development projects on nearby water bodies. The guidance is being issued in response to a change in law and an Executive Order signed by President Obama, which calls upon all federal agencies to lead by example to address a wide range of environmental issues, including stormwater runoff.  “EPA is proud to issue this new guidance to help federal facilities reduce stormwater pollution,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “By taking these steps to create more sustainable facilities, federal agencies can lead by example in reducing impacts in the local watershed.”
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TMDL ‘Pollution Diet’ Meeting Set for Delaware. — EPA News Release, December 8, 2009
The U.S. Environmental Protection Agency, along with the Delaware Department of Natural Resources and Environmental Control, will hold a public meeting in Laurel, DE on Thursday, Dec. 10 to discuss the Chesapeake Bay Total Maximum Daily Load (TMDL) – a strict “pollution diet” to protect local waters and restore the Chesapeake Bay.
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Group promotes tough stance by state on coal ash disposal. — The Des Moines Register, December 8, 2009
The environmental advocacy group Plains Justice has called on the Iowa Environmental Protection Commission to take a stand favoring regulation of coal ash as hazardous waste. The federal Environmental Protection Agency is drafting rules to address health risks associated with coal combustion waste. The rules are expected to be issued by Dec. 31. Before that happens, Plains Justice wants the Iowa Environmental Protection Commission to add its voice to calls for safeguards to better protect public health, surface water and groundwater, Plains Justice said in a letter sent Monday.
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EPA will review claims of leniency on water polluters. — Timothy B. Wheeler, The Baltimore Sun, December 8, 2009
Federal officials said Monday that they plan to review claims by a coalition of Maryland environmental groups that the state is going easy on water polluters. Evelyn MacKnight, chief of water pollution discharge permits in the Environmental Protection Agency’s mid-Atlantic regional office in Philadelphia, said agency staff just received the 58-page petition from Waterkeepers Chesapeake of Maryland. The Waterkeepers contend that the state Department of the Environment is not doing enough to limit pollution piped into rivers and the Chesapeake Bay from businesses, farms and sewage plants, and is not inspecting or enforcing tightly enough. An MDE spokeswoman called the groups’ allegations of lax enforcement “unfounded and baseless.”
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EPA Releases Guidance to Help Federal Facilities Better Manage Stormwater. — EPA News Release, December 8, 2009
The U.S. Environmental Protection Agency (EPA) has issued guidance to help federal agencies minimize the impact of federal development projects on nearby water bodies. The guidance is being issued in response to a change in law and an Executive Order signed by President Obama, which calls upon all federal agencies to lead by example to address a wide range of environmental issues, including stormwater runoff.  “EPA is proud to issue this new guidance to help federal facilities reduce stormwater pollution,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “By taking these steps to create more sustainable facilities, federal agencies can lead by example in reducing impacts in the local watershed.”
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EPA unveils new policies on water at schools. — Kevin Freking, The Associated Press, December 8, 2009
The Environmental Protection Agency unveiled a new national strategy to enforce safe drinking water laws in small, rural communities on Tuesday and pledged to redouble efforts to protect children from toxic water in schools. The announcement came during a hearing by the Senate Environment and Public Works Committee held to examine reports of widespread water contamination and unsafe levels of lead and other toxics flowing through the pipes at thousands of U.S. schools.
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Report: Spill released huge load of heavy metals. — Scott Barker, Knoxville News Sentinel, December 9, 2009
Last year’s Kingston fly ash spill dumped more heavy metals into the Emory River than all the power plants discharged into all the nation’s waters the year before, an environmental group said in a report issued Tuesday. The Environmental Integrity Project report states the spill – at 5.4 million cubic yards – released roughly 4 1/2 times more lead and 2 1/2 times more arsenic than the entire power industry released in 2007. The project based its conclusions on data that industry supplied to the U.S. Environmental Protection Agency.
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State May Appeal EPA Clean Water Rules. — The Jacksonville Observer, December 9, 2009
State officials said Tuesday they’re considering going to court over an August consent decree requiring Florida to adopt federal clean water standards by late next year. With municipal governments, and public and private utilities saying it will cost them billions to comply, Gov. Charlie Crist and other Cabinet members said the consent decree entered between a coalition of environmental groups and the U.S. Environmental Protection Agency in August has the potential of undoing nearly a decade of state efforts to improve water quality standards.
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EPA Releases Final Specification for WaterSense New Homes: This will help homeowners increase water efficiency and save on their utility bills. — EPA News Release, December 10, 2009
The U.S. Environmental Protection Agency (EPA) released its final WaterSense single-family new homes specification today, creating the first national, voluntary, water-efficiency specification for an entire new home. “Home builders can now partner with EPA and earn the WaterSense label for their newly built homes, helping to create livable communities and quality homes that are easy to maintain,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “These homes will save homeowners as much as $200 a year on utility bills compared to their current homes.”
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EPA hears from valley on CAFO permit. — Nate Poppino, Times-News, December 10, 2009
Nick Peak got the audience he had hoped for. The regional confined-animal feeding operation coordinator for the U.S. Environmental Protection Agency, Peak is the public face of a draft general CAFO permit proposed for Idaho. That led to Wednesday morning, when he spent two hours fielding comments on the permit from state and county officials, CAFO operators and other industry representatives at the Idaho Department of Fish and Game office near Jerome. The new permit, drafted by the EPA, would be required for all CAFOs that expect to discharge any kind of fluids into Idaho surface waters — something only allowed during storms with high precipitation. Wednesday’s meeting was part of an effort by the federal agency to gather public comment on the draft, which will then be reviewed and revised in the coming months.
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Waste

State, groups to go after brownfield grants. — The Day, December 6, 2009
Gov. M. Jodi Rell announced Saturday the state is partnering with two regional organizations in an effort to obtain $1 million in brownfield-assessment funding from the U.S. Environmental Protection Agency. The state, together with the Windham Region and Northeastern Connecticut councils of governments, have teamed up to create the Eastern Connecticut Brownfield Coalition, or ECBC. The two regional organizations represent a total of 21 rural eastern Connecticut towns.
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Cleanup to begin at abandoned Cushing refinery. — Tulsa World, December 7, 2009
A massive cleanup of an abandoned refinery in Cushing is expected to begin next month. The $9 million cleanup of the Hudson Refinery Superfund site is expected to be completed in September 2010. The project will involve the use of heavy equipment to renovate contaminated soil and clean out wastewater ponds. A letter-writing campaign by a group of eighth-graders in the late 1990s helped draw the Environmental Protection Agency’s attention to the towering, rusty remains of the abandoned refinery. The refinery is located on both sides of Oklahoma 33 and is surrounded by residential, agricultural and commercial properties.
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Withdrawal of the Emission-Comparable Fuel Exclusion Under RCRA. — Environmental Protection Agency, Federal Register, December 8, 2009
EPA is proposing to withdraw the conditional exclusion from regulations promulgated on December 19, 2008 under subtitle C of the Resource Conservation and Recovery Act (RCRA) for so-called Emission Comparable Fuel (ECF). These are fuels produced from hazardous secondary materials which, when burned in industrial boilers under specified conditions, generate emissions that are comparable to emissions from burning fuel oil in those boilers. EPA is proposing to withdraw this conditional exclusion because ECF appears to be better regarded as being a discarded material and regulated as a hazardous waste. The exclusions for comparable fuel and synthesis gas fuel are not addressed or otherwise affected by this proposed rule.
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Fight against mountaintop removal making headway. — Facing South, December 8, 2009
An Associated Press story from yesterday gives props to the grassroots movement against mountaintop removal, a particularly destructive form of mining that involves blowing up Appalachian peaks to get to the coal below. Datelined Morgantown, W.Va., the article by reporter Vicki Smith observes that “[e]nvironmental activists have gained more momentum this year than in the past decade” against mountaintop removal.” It reports among other things that more than 65,000 people e-mailed the Environmental Protection Agency last month with their concerns about the practice.
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EPA tests soil around East Chicago homes for lead. — The Associated Press, December 9, 2009
The U.S. Environmental Protection Agency is testing for lead in the soil around homes in East Chicago that are near one the nation’s most polluted sites. The agency began collecting samples Monday from the front and back yards of the homes as part of testing that will continue for about two weeks. The EPA is trying to determine whether the yards are contaminated with lead.
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Climate Change

EPA Poised to Declare CO2 a Public Danger. — Ian Talley, The Wall Street Journal, December 5, 2009
The U.S. Environmental Protection Agency will early next week, possibly as soon as Monday, officially declare carbon dioxide a public danger, a trigger that could mean regulation for emitters across the economy, according to several people close to the matter. Such an “endangerment” decision is necessary for the EPA to move ahead early next year with new emission standards for cars. EPA Administrator Lisa Jackson has said it could also mean large emitters such as power stations, cement kilns, crude-oil refineries and chemical plants would have to curb their greenhouse gas output.
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E.P.A. Sets Carbon Crackdown. — John M. Broder, The New York Times, December 7, 2009
The Environmental Protection Agency on Monday will complete its determination that greenhouse gases pose a danger to human health and the environment, paving the way for regulation of carbon dioxide emissions from vehicles, power plants, factories refineries and other major sources.The agency finding also will allow Mr. Obama to tell delegates at the United Nations climate change conference that began today in Copenhagen that the United States is moving aggressively to address the problem.
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Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act. — EPA News Release, December 8, 2009
On December 7, 2009, the Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act: (1) Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases–carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF₆)–in the atmosphere threaten the public health and welfare of current and future generations. (2) Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.
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Administrator Lisa P. Jackson, Remarks on the Endangerment Finding on Greenhouse Gases, As Prepared. — EPA News Release, December 7, 2009
The scientific community, the business community and the policy world have spent decades studying greenhouse gas pollution and climate change. Scientists in the U.S. and around the world have tracked in the last century – and in particular the last three decades – alarming increases in the amount of greenhouse gases in our skies. That increase is deteriorating the natural balance in our atmosphere and changing our climate. There have and continue to be debates about how and how quickly climate change will happen if we fail to act. But the overwhelming amounts of scientific study show that the threat is real – as does the evidence before our very eyes. Polar ice caps crumbling into the oceans, changing migratory patterns of animals and broader ranges for deadly diseases, historic droughts, more powerful storms, and disappearing coastlines.
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Boxer Statement on Release of Global Warming Pollution Endangerment Finding. — U.S. Senate Committee on Environment & Public Works, December 7, 2009
Senator Barbara Boxer (D-CA), Chairman of the Senate Environment and Public Works Committee, released the following statement regarding the Environmental Protection Agency’s release of the finding that global warming pollution poses a threat to the American people. The endangerment finding is a key milestone in EPA’s efforts address global warming pollution under the Clean Air Act.
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EPA carbon finding sparks climate debate. — Foon Rhee, Political Intelligence, December 7, 2009
The Environmental Protection Agency’s expected announcement this afternoon that it is declaring carbon dioxide a health hazard allows it to limit emissions from sources such as power plants and factories, even without congressional action. But on the opening day of an international climate summit in Copenhagen, the declaration is also rekindling the political fight over emails that, according to skeptics, show that scientists have massaged data to show that global warming is real.
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Industry: EPA climate regs would make energy more expensive and cut jobs . — Chris Kahn, Los Angeles Times, December 7, 2009
Political, costly, and likely to choke off growth. That’s how the energy industry and companies that use a lot of energy describe the Environmental Protection Agency’s announcement Monday that greenhouse gas emissions are a danger and must be regulated. Almost all energy and energy intense industries hope that Congress will step in with new climate laws, namely through a cap-and-trade system that limits greenhouse gas emissions while allowing companies to buy or sell emissions credits.
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Energy stocks rise as investors mull EPA endangerment finding. — Deborah Jian Lee, Los Angeles Times, December 7, 2009
Energy stocks were most higher Monday, as investors weighed the potential burden of an Environmental Protection Agency finding that declares greenhouse gases a hazard to human health and advances the push for regulation. The endangerment finding threatens the energy industry’s big polluters, such as refiners and coal-based utilities, while power companies with a greener portfolio and solar parts and panel makers could gain from stricter regulation, analysts said.
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EPA Ruling Steps Up Pressure on Congress. — Daniel Stone, Newsweek, December 8, 2009
Science, and especially government science, isn’t supposed to be political, but it certainly can be strategic. So when the Environmental Protection Agency announced yesterday its latest findings—that greenhouse gasses threaten public health and the environment—it at first seemed an odd precursor to the bigger news on carbon and global climate happening this week in Copenhagen. Except this was no coincidence. Rather, it was a well-timed maneuver to boost the U.S.’s voice in Copenhagen, and more important, a stunningly effective way to pressure the Senate to get moving on climate legislation.
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The Endangerment Finding. — Editorial, The New York Times, December 7, 2009
The Environmental Protection Agency formally declared on Monday that carbon dioxide and other greenhouse gases constitute a threat to human health and welfare. The move empowers the agency to regulate these emissions and gives President Obama an important tool if Congress fails to pass legislation to reduce global warming emissions. Mr. Obama and the E.P.A. administrator, Lisa Jackson, have said repeatedly that they would much prefer a comprehensive legislative approach. But while the House has passed a broad climate change bill, the prospects in the Senate are uncertain. The threat of regulation gives Congress extra incentive to act; regulation would provide a strong backstop if it does not.
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Impact of EPA endangerment finding on trucking unclear. — Sean Kilcarr, Fleet Owner, December 8, 2009
Though the U.S. Environmental Protection Agency (EPA) has officially designated greenhouse gases (GHGs) a threat to the public health and welfare of the American people, and that GHG emissions from on-road vehicles contributes to that threat, the ultimate impact this will have on the trucking industry is unknown at this point. “The release of the endangerment finding is seen as an effort to focus more attention on pending federal climate change legislation – but it does not include any proposed regulations,” noted Glen Kedzie, an American Trucking Assns. (ATA) vp,  told FleetOwner. “[But] it’s unclear at this time how the EPA’s endangerment finding will affect the trucking industry.”
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Texas Says EPA Should Rethink “Job Killing” Carbon Dioxide Ruling. — Governor of Texas, The Gov Monitor, December 10, 2009
Governor Rick Perry today sent a letter to Environmental Protection Agency (EPA) Administrator Lisa Jackson urging her to withdraw the EPA’s recent ruling on the danger of carbon dioxide, especially in light of the recent “Climategate” scandal, which uncovered data had been manipulated and destroyed in order to falsely show a preordained result.
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Dealing with climate change: SC roundtable discusses ways to protect natural resources. — The Associated Press, December 10, 2009
Climate change and how it’s affecting South Carolina’s natural resources and tourism industry will be the focus of a round-table discussion in the state capital. The talks at the Capital City Club on Thursday include business owners, sportsmen, and natural resource regulators and will center on finding solutions to protect the state’s wildlife and natural resources.
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Pryor May Rethink Cap-Trade. — John Lyon, Arkansas News Bureau, December 10, 2009
Sen. Mark Pryor, D-Ark., said Wednesday he may rethink his position on a proposed cap-and-trade program in light of the recent Environmental Protection Agency ruling that greenhouse gas emissions are a threat to the public health.Also Wednesday, the chairman and CEO of Entergy Corp. told an audience in Little Rock the EPA has sent a signal to Congress to act on climate change, and U.S. Sen. Blanche Lincoln said she has concerns about the agency’s ruling. “I’ve always been reluctant on cap and trade, but it (the EPA ruling) might put that in a different light,” Pryor said in a conference call with reporters. “I’ll just have to look at that and really spend some time reflecting on that and talking to not just colleagues but talking to people who really understand this and see if that does change my view on cap-and-trade.”
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Statement by Bob Stallman, President, American Farm Bureau Federation, Regarding EPA Endangerment Finding Related to Climate Change. — The Voice of Agriculture, December 7, 2009
Bob Stallman, Pres American Farm Bureau Federation, statement re EPA Endangerment Finding Related to Climate Change “The decision by the Environmental Protection Agency today to announce an endangerment finding on carbon dioxide and other greenhouse gases could carry severe consequences for America’s farmers and ranchers. “We firmly believe any regulations dealing with global warming that could negatively affect our ability to produce food and fiber for our nation and the world should come through the legislative process. While more and more questions are being raised about the scientific validity of global warming models it is not the time to begin making sweeping policy decisions based on the projections offered by those climate models.
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Businessmen, the Planet Needs You. — Georg Kell, The New York Times Op-Ed Contributor, December 11, 2009
As negotiating teams labor at the U.N. climate change conference, a rising chorus of business leaders is chanting “seal the deal.” Though notions of hammering out an actual climate treaty in Copenhagen have been put to rest, many captains of industry are nonetheless urging governments to agree on the core elements of a climate framework that can serve the basis of a treaty. Indeed, in recent months, scores of business leaders and some important investors have pursued what amounts to a global road-show to demonstrate the many initiatives and actions they are undertaking to combat climate change, despite the slowness of many governments to act.
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Other

Study of Desert Rock’s impact on endangered species due soon. — Marjorie Childress, The New Mexico Independent, December 7, 2009
In September, the U.S. Environmental Protection Agency rescinded the air permit it had issued in 2008 for a coal-fired power plant to be built near Farmington, saying the decision was made in part because the U.S. Fish and Wildlife Department hadn’t yet completed a study of potential impacts of the project on endangered species. That study has been underway and will be completed and turned over to the Bureau of Indian Affairs this month, Wally Murphy, supervisor of the Albuquerque office of the U.S. Fish and Wildlife Department, told the Independent in an interview. Species potentially impacted by the proposed Desert Rock project — which would be the third coal-fired power plant located within 16 miles of each other — are the southwestern willow flycatcher, the Colorado pikeminnow, the razorback sucker, the silvery minnow, the Mancos milk-vetch and the Mesa Verde cactus.
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EPA to Strengthen Oversight of Pesticide’s Impact on Children and Farmworkers. — EPA News Release, December 8, 2009
The U.S. Environmental Protection Agency plans to strengthen its assessment of pesticide health risks. EPA’s proposal would include a more thorough assessment of risks to workers, including farmworkers and farm children, as well as risks posed by pesticides that are not used on food. The agency is asking the public to comment on the new approach and how best to implement the improvements.
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Modest proposal to delay drilling deserves approval. — Times Herald-Record, December 8, 2009
Several environmental groups have sent a letter to Gov. David Paterson with a very reasonable request. They want him to declare a 12-month moratorium on any drilling for natural gas in the Marcellus Shale, taking that time to revisit the state’s environmental impact statement and to bring in the expertise of the federal Environmental Protection Agency. They do not say that the drilling cannot be done safely or that it is impossible for the state to come up with a set of regulations that would provide the necessary safeguards. They say, instead, that the evidence about contamination now being gathered on drilling sites in nearby Pennsylvania, for example, should be taken into consideration.
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EPA Reports Decrease in Toxic Chemical Pollution. — The Associated Press, December 8, 2009
When it comes to pollution, the economic downturn could have an upside.The Environmental Protection Agency on Tuesday reported that toxic chemical pollution from the nation’s industrial plants, mines and factories declined by 6 percent in 2008, the second year in a row that companies have reported releasing less pollution. Companies put 3.86 billion pounds of toxic chemicals into the air and water and onto land in 2008, down from 4.1 billion pounds in 2007 and 4.26 billion pounds in 2006.
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EPA Analysis Shows Reduction in 2008 Toxic Chemical Releases. — EPA News Release, December 8, 2009
The U.S. Environmental Protection Agency is releasing its annual national analysis of the Toxics Release Inventory (TRI). The TRI database contains information on chemical releases into the air, land and water, as well as waste management and pollution prevention activities. The analysis of the 2008 data, the most recent data set available, shows that 3.86 billion pounds of toxic chemicals were released into the environment, a 6 percent decrease from 2007. This is the first time EPA has released its annual analysis in the same calendar year as the data were reported. In August, the agency released to the public the raw TRI data prior to EPA analysis for the first time. EPA has made the data available more quickly to increase transparency.
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EPA agrees to review oil, gas pollution standards. — The Associated Press, December 8, 2009
Federal officials have agreed to review air pollution standards for oil and gas operations to decide if they need to be updated. The proposed settlement of a complaint by two environmental groups calls for the Environmental Protection Agency to start the review in January 2011. The settlement needs court approval. WildEarth Guardians and the San Juan Citizens Alliance filed a complaint in January saying the EPA hasn’t updated air quality standards for oil and gas development despite increased activity. The groups also want the EPA to set standards for pollutants not currently regulated, including greenhouse gases.
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Uranerz Receives Draft EIS for Nichols Ranch ISR Uranium Project. — CNN Money.com, December 9, 2009
Uranerz Energy Corporation is pleased to announce that the United States Nuclear Regulatory Commission (“NRC”) has issued a draft Environmental Impact Statement for the Company’s Nichols Ranch ISR Uranium Project in Campbell and Johnson Counties, Wyoming, U.S.A. This draft Environmental Impact Statement (“EIS”) for the Nichols Ranch ISR Project is issued as a “Supplement to the Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities”.  The issuance of the draft EIS represents a major milestone in the application process for a Source Material License. Obtaining the Source Material License, which allows the Company to receive, possess, use, transfer, and deliver radioactive materials, is required before an in-situ recovery (“ISR”) uranium mine can be constructed and operated.
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Lake County pollution bad despite reduction. — Gitte Laaby, Post-Tribune, December 9, 2009
New toxic release data from EPA shows Lake County industries released the ninth-most pollution in the nation in 2008 — more than 31.5 million pounds. The high ranking, released Tuesday, comes despite a 31.1 percent reduction in releases from Lake County industrial plants compared to 2007. The data, self-reported by the industries to the U.S. Environmental Protection Agency’s Toxics Release Inventory, also shows that two Lake County steel mills are among the nation’s 50 biggest polluters.
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Full review sought on cement plant. — Lynn Bonner, News Observer, December 10, 2009
Environmental groups on Wednesday asked the courts to decide whether a controversial cement plant planned for the North Carolina coast should have a full review of how it will affect air, land and water before the state awards it permits. Titan America wants to build a plant in New Hanover County that would produce up to 2.4 million tons of cement a year. Production would include heating raw materials – mostly limestone mined nearby – in a coal-fired kiln. The plant would release toxins such as mercury, benzene and hydrogen chloride.
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Limited EPA Study Finds Low Level of Concern in Samples of Recycled Tires from Ballfield and Playground Surfaces. — EPA News Release, December 10, 2009
The U.S. Environmental Protection Agency has released results of a limited field monitoring study of artificial-turf playing fields and playgrounds constructed with recycled tire material or tire crumb. The study was intended to gain experience conducting field monitoring of recreational surfaces that contain tire crumb. EPA will use the information to help determine possible next steps to address questions regarding the safety of tire crumb infill in recreational fields.
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STATE & FEDERAL ENVIRONMENTAL LEGISLATION

California water plan faces challenges. — Harry Cline, Western Farm Press, December 7, 2009
The most comprehensive statewide California water conservation and development plan cobbled together in almost a half century seems to be springing leaks almost before it is launched. It is becoming obvious the five-bill package pact that was nailed and glued together in marathon legislative sessions earlier this fall has more leaks than the Titanic, if the comments from three water experts at the Western Growers annual conference are any indication.
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Environmental group alleges lax oversight in Maryland. — David A. Fahrenthold, The Washington Post, December 7, 2009
A group of environmental activists plans to petition the U.S. Environmental Protection Agency on Monday to take back oversight powers it has delegated to Maryland, saying the state has not done enough to stop pollution entering rivers and the Chesapeake Bay. The alliance of Waterkeepers, including those concerned with the Anacostia, Potomac and Patuxent rivers, says that Maryland should no longer give out and oversee water-pollution permits for sewage plants, factories and storm-sewer systems. It argues that the state has too few inspectors to enforce these rules and has allowed many violators to escape with small fines.
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James Hansen: Ditch ‘cap and trade’ for ‘fee and dividend’. — James Hansen, The Dallas Morning News, December 7, 2009
At the international climate talks in Copenhagen, President Barack Obama is expected to announce that the United States wants to reduce its greenhouse gas emissions to about 17 percent below 2005 levels by 2020 and 83 percent by 2050. But at the heart of his plan is cap and trade, a market-based approach that has been widely praised but does little to slow global warming or reduce our dependence on fossil fuels. It merely allows polluters and Wall Street traders to fleece the public out of billions of dollars. Supporters of cap and trade point to the 1990 Clean Air Act amendments that capped sulfur dioxide and nitrogen oxide emissions from coal-burning power plants – the main pollutants in acid rain – at levels below what they were in 1980. Sulfur emissions have been reduced by 43 percent in the two decades since. Great success? Hardly.
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Lawmakers Reject Attempt to Handcuff EPA Greenhouse Gas Rules. — Allison Winter, Greenwire in The New York Times, December 9, 2009
House and Senate conferees last night rejected an attempt to block U.S. EPA’s work on regulations to curb greenhouse gas emissions. The vote came as part of the conference on a $446.8 billion omnibus spending bill that also sets the largest-ever budget for the National Oceanic and Atmospheric Administration. Appropriators rejected, 5-9, the amendment from Rep. Todd Tiahrt (R-Kan.) to block any funding in the omnibus bill for Clean Air Act regulations based on the endangerment finding.
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Congressional subcommittee met Wednesday to discuss coal ash spill. — Nick Bona, WVLT-TV.com, December 10, 2009
A congressional panel was assembled Wednesday to discuss the ongoing cleanup of last year’s coal ash spill at the TVA Kingston Fossil Plant in Roane County. The House Subcommittee on Water Resources features updates from TVA President and CEO Tom Kilgore, TVA Inspector General Richard Moore and Stan Meiburg, the Environmental Protection Agency’s acting administrator for the region. Meiburg said the EPA had recently taken a pair of untreated river water samples from around the spill site that contained arsenic levels that exceeded acceptable drinking water standards. He did admit that treated samples from the site had elevated levels of pollutants, but still met acceptable drinking water standards.
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EPW Committee Passes Formaldehyde, Recycling, Invasive Species and Other Bills. — US Senate Committee on Environment & Public Works News Release, December 10, 2009
Today, the Senate Environment and Public Works Committee passed several pieces of legislation, including a measure to create technology-based emissions standards for formaldehyde in wood products, a bill to help increase tools to more effectively recycle electronics, and a number of measures to address wildlife and invasive species issues. The committee also approved several U.S. General Services Administration (GSA) and U.S. Army Corps of Engineers resolutions. All of the bills passed by voice vote, and now go to the full Senate for consideration.
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Senators unveil climate bill outline, a work in progress. — Recharge, December 10, 2009
Key US senators working on a sweeping climate change and energy bill have released an outline of their effort in a public letter to President Obama as he looks ahead to his Copenhagen visit next week. They seek to “combine the very best ideas from the public and private sectors and from across the ideological spectrum to achieve the structurally simplest, most economically responsible and environmentally effective result possible,” say Democrat John Kerry, Republican Lindsey Graham and Independent Joe Lieberman, the trio of senators working on the bill, say in their letter. The four-page summary (PDF) outlines ‘principles and guidelines’ the lawmakers will follow in an ongoing effort to draft legislation that can obtain the 60 votes necessary in the Senate. Because it borrows from prior legislative work, much of the outline is familiar, and, as promised, there are supports for coal, nuclear and oil and gas exploration.
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Other Articles on the Same Topic:

Executives hail U.S. climate-change deal. — UPI, December 11, 2009
Executives in the U.S. clean energy sector hailed a measure on energy and climate change introduced by bipartisan lawmakers in Washington. U.S. Sens. John Kerry, D-Mass., Joe Lieberman, I-Conn., and Lindsay Graham, R-S.C., in a letter to President Barack Obama outlined a measure on nuclear energy, regulation in carbon trading and reductions in the dependence on foreign oil, Politico reports. “We firmly believe that comprehensive domestic legislation will create jobs, reinvigorate the American economy and take back control of our energy,” Kerry said.
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Entergy CEO: EPA sending Congress message to act. — The Associated Press, December 10, 2009
The Obama administration’s moves toward regulating greenhouse gas emissions are sending Congress a message to act quickly on climate change legislation, Entergy Corp.’s chairman and chief executive said Wednesday. Wayne Leonard told reporters he believed the administration was acting because Congress has been too slow to address the problem. The Environmental Protection Agency declared Monday that carbon emissions could endanger human health and would be subject to federal regulation.
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Regulation of carbon provides new impetus for cap-and-trade. — Boston Globe Editorial, December 11, 2009
In declaring Monday that climate change threatens Americans’ well-being, the Environmental Protection Agency served a vital purpose, even if the agency never sets a hard limit on emissions from coal-fired power plants or gas-guzzling cars. The EPA action will instead put pressure on the Senate to pass the more flexible cap-and-trade system of regulating carbon pollution – an approach that was approved by the House last summer but has bogged down as critics tarred it as just another tax.
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Cattlemen’s Capitol Concerns: Greenhouse Gas Ruling, E15, Hong Kong Lifts Beef Imports. — The Associated Press, December 10, 2009
EPA Greenhouse Gas Ruling Could be Devastating to Agriculture. The National Cattlemen’s Beef Association (NCBA) is extremely concerned about the potential impacts that the Environmental Protection Agency’s (EPA) recent greenhouse gas (GHG) ruling could have on agriculture operations. EPA’s decision, announced on Monday, claims that GHG emissions are an endangerment to public health and the environment. This sets the stage for greenhouse regulation under the Clean Air Act (CAA) and would give the EPA unprecedented control over every sector of the U.S. economy.
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State board moves to set regulation threshold for CO2 greenhouse gases. — Karl Puckett, Great Falls Tribune, December 12, 2009
In response to pending federal Environmental Protection Agency mandates, the state Board of Environmental Review voted 5-2 Friday to begin developing the state’s first greenhouse gas rule, a move seen by industry interests as premature and as “housekeeping” by an environmental organization. One of the EPA rules will require facilities such as coal-fired power plants that emit more than 25,000 tons of carbon dioxide annually to be regulated under the Clean Air Act, said Richard Opper, director of the state Department of Environmental Quality.
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Lawmakers demand action on Pompton Lakes cancer cluster. — Elaine D’Aurizo and James M. O’Neill, The Record, December 12, 2009
The state’s federal lawmakers are asking the U.S. environmental agency to review whether a DuPont pollution treatment project in Pompton Lakes is adequately protecting residents from harm by contaminants. The call Friday by Sens. Frank Lautenberg and Bob Menendez, joined by Rep. Bill Pascrell Jr., followed a state health report that kidney cancer rates in women and non-Hodgkin’s lymphoma rates in men are significantly elevated in a neighborhood perched above chemically contaminated groundwater.
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Montana To Consider Bill Protecting Fish Habitat and Forest Jobs. — Fly Talk, Field and Stream, December 11, 2009
Our friends over at Trout Unlimited alerted us to this bill making it’s way through the Montana Senate right now. Trout Unlimited, The Montana Wildlife Federation, and the Theodore Roosevelt Conservation Partnership all have announced support of a bill for the state of Montana called the Forest Jobs and Recreation Act, sponsored by Sen. Jon Tester. “This bill has broad support from hunters and anglers, simply because it keeps irreplaceable fish and game habitat intact,” said Tom Reed, a TU field director based in Bozeman. “The bill is a product of thoughtful compromise and represents the best possible relief for Montana’s long wilderness drought. By protecting habitat in perpetuity, the bill protects our rights to fish and hunt on public land in Montana for generations to come.”
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OTHER ENVIRONMENTAL NEWS

Air

Clock ticking on air quality in Pinal County, Maricopa. — Michael K. Rich, In Maricopa.com, December 7, 2009
For months county and city leaders in Pinal County have been anticipating a letter from the Environmental Protection Agency designating the county as a non-attainment zone; that letter has now arrived on Arizona Governor Jan Brewer’s desk. The EPA’s letter to the governor marks the official beginning of a timeline of activity that will culminate in a comprehensive plan to deal with Pinal County’s air-quality issues. “This letter is the first step in defining the areas we need to target,” said Donald Gabrielson, the director of Pinal County’s Department of Development Services and Air-quality Control.
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Water

Small water systems, schools to get new look. — Water Tech Online.com, December 8, 2009
The US Environmental Protection Agency (EPA) plans to dedicate more resources to small water systems nationwide, according to a December 8 Associated Press (AP) report from ABC News. Members of the Senate Committee on Environment and Public Works on December 8 heard from EPA officials about a new effort to improve the enforcement of safe drinking water laws among small systems and to assist them in attaining compliance.
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What’s in the water? — Bettina Boxall, The Los Angeles Times, December 12, 2009
Lots of stuff, according to the Environmental Working Group. The public interest organization has created an online database of water quality test results from 45 states. The group’s analysis of utility information found that water agencies across the country have detected a total of more than 300 pollutants in supplies, more than half of which are not regulated by the government.
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Climate Change

Email scandal may be turning against climate change deniers. — Jeremy Hance, Monga Bay.com, December 7, 2009
It may be that climate change scientists and policymakers have simply had enough, and it may be that the emails which were hacked did not reveal the massive conspiracy that they were supposed to, either way climatologists and politicians have gone on the offensive against claims that the hacked emails from the East Anglia’s Climate Research Unit are evidence that climate change is a conspiracy or hoax. Showing perhaps how frustrated world leaders are with the situation, the Prime Minister of the UK, Gordon Brown, heavily criticized climate change deniers in the Guardian: “With only days to go before Copenhagen we mustn’t be distracted by the behind-the-times, anti-science, flat-earth climate sceptics. […] We know the science. We know what we must do.”
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Do Hacked E-mails Change Climate Debate? — National Journal Online, December 7, 2009
Should leaders of the world halt efforts to control greenhouse gases until they’ve investigated recent charges that some scientific studies linking human activity to climate change may have been overstated? In November, hackers released thousands of e-mails and other documents from a British university that allegedly call into question some of the scientific underpinnings of climate change. Opponents of global warming legislation claim that the e-mails prove that scientists manipulated the data. They want Congress and the EPA to suspend efforts to control U.S. greenhouse gas emissions until the charges are thoroughly scrutinized. However, Jane Lubchenco, a marine scientist who heads the National Oceanic and Atmospheric Administration, told Congress that the hacked documents “do nothing to undermine the very strong scientific consensus” backing climate change.
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Has ‘Climategate’ Been Overblown? — Bryan Walsh, Time, December 7, 2009
The controversy over e-mails stolen from global-warming researchers at the Climatic Research Unit (CRU) at Britain’s University of East Anglia has become so divisive that there is even disagreement over what to call it. Skeptics of global warming, who have long considered climate change a fraud, refer to the incident as “Climategate,” with obvious intimations of scandal and cover-up. Advocates of action on warming call it “Swifthack,” a reference to the 2004 character attacks on presidential candidate Senator John Kerry by the group then known as Swift Boat Veterans for Truth — in other words, an invented scandal propagated by conservatives and the media that does nothing to change the scientific case for climate change.
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If It Warms Up, Who’s Going to Pay? — Samuel Fankhauser, The Wall Street Journal, December 8, 2009
As the most important environmental conference in more than a decade gets under way in Copenhagen this week, much of the talk, as usual, is on reducing greenhouse-gas emissions. But there’s another issue that needs to be addressed—one that is crucial for reaching an overall agreement, but doesn’t get nearly as much attention. That issue is adaptation. Without a deal on how to cope with the possible effects of climate change, there will be no agreement in Copenhagen—or at any future conference, for that matter. That’s because developing countries, which likely will suffer some of the worst impact of any significant warming, have made it clear that they will not agree to an emissions-reduction package without substantial help in coping with the increased flooding, drought and disease that many scientists say will result from a warming planet. Reaching such a deal won’t be easy. But the good news is that it’s a lot more doable than it was just a few years ago, when just talking about adaptation was thought to mean giving up on reducing emissions. By contrast, a growing number of people now believe that some adaptation is unavoidable.
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For Public, Climate Change Not A Priority Issue. — Richard Harris, National Public Radio, December 7, 2009
Nearly 100 world leaders are expected to appear at the global warming talks that open Monday in Copenhagen. This is an unprecedented showing of leadership for the issue. Yet at the same time, public opinion of climate change is souring — particularly in the United States. A recent Harris Poll, among the latest of several over the past year, shows that barely half of the American public believes that the carbon dioxide that’s building up in the atmosphere could warm up our planet.
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The climate denial industry is out to dupe the public. And it’s working. — George Monbiot, The Guardian, December 7, 2009
When you survey the trail of wreckage left by the climate emails crisis, three things become clear. The first is the tendency of those who claim to be the champions of climate science to minimise their importance. Those who have most to lose if the science is wrong have perversely sought to justify the secretive and chummy ethos that some of the emails reveal. If science is not transparent and accountable, it’s not science.
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No Slowdown of Global Warming, Agency Says. — Andrew C. Revkin and James Kanter, The New York Times, December 8, 2009
The decade of 2000 to 2009 appears to be the warmest one in the modern record, the World Meteorological Organization reported in a new analysis on Tuesday. The announcement is likely to be viewed as a rejoinder to a renewed challenge from skeptics to the scientific evidence for global warming, as international negotiators here seek to devise a global response to climate change.
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Climate change skeptics argue among themselves. — Yael T. Abouhalkah, Kansas City Star, December 8, 2009
Some scientists are in Copenhagen denying that man-made emissions are driving climate change. But there’s more to the story. And sorry, it’s not good news for the global warming deniers out there. As this news story makes clear, the scientists at the same press conference this week couldn’t seem to agree on some key points. Point No. 1: Is global warming occurring? Point No. 2: Are greenhouse gases a problem? For instance, put professor Henrik Svensmark on the side of global warming believers. He just says solar activity, not man, is causing the warming.
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On the Merits of a Carbon Tax. — Ted Gayer, Before the U.S. Senate Committee on Energy and Natural Resources, December 2, 2009
My testimony will make the following points: 1. Either a carbon tax or a cap-and-trade program will result in substantially lower economic costs than command-and-control regulations that mandate echnologies, fuels, or energy efficiency standards. 2. Given the uncertainty of the future costs of climate policy, a carbon tax is more economically efficient than cap-and-trade. 3. Carbon allowances in a cap-and-trade program would be susceptible to price volatility. Price volatility causes economic disruptions and complicates investment decisions. It also could lead to political pressure on Congress to repeal or substantially loosen the cap. 4. A carbon tax, in which the revenues are used to offset economically harmful taxes or to pay down our deficit, would substantially lower the cost of climate policy compared to a cap-and-trade program that gives away allowances for free. 5. The currently proposed climate bills rely heavily on offsets to reduce the overall costs of cap-and-trade. Given the substantial potential value of offsets, there is a very real concern that offset integrity will not be maintained. This would result in a weakening of the cap, undermining its environmental benefits.
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Re-examining climate change. — Sean Kilcarr, Fleet Owner, December 9, 2009
“The science of climate change is not settled; it is evolving rapidly with critically important discoveries, many of which contradict IPCC findings, coming out every month.” –Professor Robert Carter, Marine Geophysical Laboratory, James Cook University in Townsville, Australia, and advisor to the International Climate Science Coalition (ICSC) I know, I know – the second post in as many days about climate change. Seems like the world talks of nothing else at the moment (well, that and the follies of Tiger Woods … but let’s not go there). Yet climate change is a gargantuan issue, no matter which side of the table you sit on, requiring more than mere blind acceptance of the solutions being bandied about this week in Copenhagen, Denmark.
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Private incentives for carbon emissions reductions needed to fill gaps until public measures created. — Vanderbilt University’s News Network, December 9, 2009
As the Copenhagen Climate Change Summit continues, two Vanderbilt researchers suggest that regardless of whether or not the meeting is successful in bringing public governance measures to bear, significant carbon reductions can be achieved by creating private incentives to reduce carbon emissions. In a forthcoming NYU Environmental Law Journal article, the researchers outline a method of creating incentives for developing countries to reduce carbon emissions as carbon-intensive production shifts away from developed countries. Specifically, they argue that requiring corporate carbon footprint disclosure and carbon product labeling would create important incentives for carbon emissions reductions among suppliers and nations in the developing world.
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Experts look for bottom line in carbon sequestration plan. — Matthew Weaver, Capital Press, December 12, 2009
The future of cap and trade legislation remains both uncertain and unlikely to help farmers break even. It appears unlikely that agriculture will be regulated for carbon sequestration under any greenhouse gas reduction program, said Stephanie Page, renewable energy specialist for the Oregon Department of Agriculture. “Ag is a relatively small percentage of greenhouse gas emissions nationally,” she said. Voluntary practices can help reduce emissions and sequester carbon dioxide, methane and nitrous oxide.
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Biochar as foundation for SEED. — The Star Online, December 11, 2009
The current hottest topic is the COP15 now taking place in Copenhagen 2009, where developed and developing countries are heckling over how best to bring global warming under control. In view of the poor and slow progress at COP15, responsible citizens and corporate bodies must now act. I’ve started a Wiki (http://biochar-seed.wikidot.com ) on Biochar as a foundation for SEED (Social Environmental Entrepreneurial Development) programs aimed at developing business start-ups / encouraging CSR practices connected with / deploying Biochar or Biochar Effect Economy (BEE). This is particularly urgent in view of the poor developments / progress now happening at COP15 at Copenhagen 2009.
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Final Draft Research Paper: the effects of animal agriculture on climate change. — Allison Martin and Maureen Sullivan, Writing for the Environment and Community Organizing, December 10, 2009
With the polar ice caps melting and the polar bears facing extinction, the world is forced to evaluate the state of its environment. Climate change caused by global warming is an issue that demands immediate attention and care. Measures are being taken to reduce green house gases (i.e. recycling, driving hybrid cars, other energy sources) but little change has been seen thus far. In today’s world, people like to see immediate results now rather than wait 10 years to see progress. It is going to take a lot of time for the trees to get rid of the CO₂ in the atmosphere especially with exponential amounts being added to the air every day. There is something that can be done in the now to reduce further contribution to the already excessive quantities. Animal agriculture releases extensive amounts of green house gases into the atmosphere. Reducing animal agriculture will mitigate climate change because less land will be degradated, water quality will increase, and green house gas emissions will go down.
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Rise in sea levels threatens California ports. — Ronald D. White, The Los Angeles Times, December 10, 2009
Global warming and a resulting rise in sea levels present a direct threat to the world’s seaports — and many of California’s harbors are nowhere near ready, state officials say. Sea levels in California are expected to increase 16 inches over the next 40 years, causing flooding and endangering facilities throughout the state, according to a report by the California State Lands Commission. By 2100, the ocean could rise as much as 55 inches, the report said. Most of the 40 ports and shipping hubs surveyed by the state said they were not prepared for the rise in sea levels.
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AP IMPACT: Science not faked, but not pretty. — The Associated Press, December 12, 2009
E-mails stolen from climate scientists show they stonewalled skeptics and discussed hiding data — but the messages don’t support claims that the science of global warming was faked, according to an exhaustive review by The Associated Press. The 1,073 e-mails examined by the AP show that scientists harbored private doubts, however slight and fleeting, even as they told the world they were certain about climate change. However, the exchanges don’t undercut the vast body of evidence showing the world is warming because of man-made greenhouse gas emissions.
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Financing the Fight against Climate Change. — George Soros, Mmegi Online, December 10, 2009
It is now generally agreed that the developed countries will have to make a substantial financial contribution to enable the developing world to deal with climate change. Funds are needed to invest in new low-carbon energy sources, reforestation and protection of rain forests, land-use changes, and adaptation and mitigation. But there is no similar agreement on where the money will come from.
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The silliness of Climategate. — Tim Rutten, Los Angeles Times, December 12, 2009
It wasn’t very long ago that a dinner party guest who wanted to spare the hostess any embarrassing contention simply avoided discussing religion or politics and stuck to the weather. Not anymore. In fact, it says something unutterably depressing about the state of the nation that we’ve finally managed to politicize even the climate. Take, for example, the controversy that erupted on the eve of the global climate conference in Copenhagen, when hackers skeptical about global warming stole and released e-mails and documents from computers at the Climatic Research Unit at the University of East Anglia in Britain. The center is an important source of baseline historical data on climate change, and the hackers claim the e-mails show that scientists there manipulated, suppressed and even falsified numbers to make a case for global warming. Others who’ve looked at the material say taking e-mails out of context creates misleading impressions, and that the worst you can say about the British climatologists is that they evinced an arrogant desire to keep what they regarded as the skeptics’ “junk science” out of peer review journals.
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Select Committee staff analysis of the stolen electronic documents from the CRU. — The Select Committee on Energy Independence and Global Warming, December 10, 2009
Recently, thousands of emails and other electronic files were obtained illegally (hacked) from a server at the University of East Anglia (UEA). The conclusion that the Earth is warming and that most of this warming is caused by human emissions of greenhouse gases is unaffected by the release of these stolen personal emails from the UEA.
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Other

Battle Over Mountaintop Mining Slowly Gains Ground. — Vicki Smith, The Associated Press, December 6, 2009
Environmental activists gained more momentum this year than in the past decade against the destructive, uniquely Appalachian form of strip mining known as mountaintop removal, though they have yet to mobilize the millions of supporters they want. The activists have harnessed the power of the Web, social networking and satellite phones. They’ve chained themselves to heavy equipment, blocked haul roads and climbed trees to stop blasting. They’ve marched for miles, hung banners and been arrested.
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Energy Spotlight: January panel to explore forest biofuels as energy option. — Jim Long, The News Review, December 6, 2009
For renewable energies, forest waste materials can be burned, chemically converted into liquid fuels such as ethanol, or heated without oxygen to produce bio-oil, bio-char and gasses. Last summer, the Umpqua and Umatilla National Forests coordinated experiments to test one technology, called fast pyrolysis, to heat waste wood chips to produce useful products. These field trials will be featured at a public program held from noon to 3:30 p.m. Jan. 12 at the Roseburg Country Club, 5051 Garden Valley Road. The panel is sponsored by Lunch Bunch, a men’s discussion group. It is the fourth in a series of community discussions on Energy Options in Douglas County. Earlier panels focused on the “smart grid,” transportable nuclear power, and techniques to use Oregon coastal waves to generate electricity.
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AP Investigation: Political Clout Takes Over Timber Payment Decisions. — Courtney Lowery, New West Blog, December 7, 2009
Matthew Daly and Shannon Dininny of the Associated Press have a big story out today that uncovers a “vast entitlement” in the program most often referred to as county timber payments or as it was formerly know, the Secure Rural Schools and Self Determination Act. The law was originally passed in 2000 as a way to help rural communities that were seeing dramatic drops in revenue from logging on federal lands, namely rural schools that heavily relied on that income. The act came after concern for in the 1990s for the spotted owl and other endangered species spurred a reduction in timber harvests. Total, the legislation has allocated more than $3 billion to counties. And, as the AP reports, Oregon, California, Washington, Idaho and Montana got the majority of that money—80 percent. Oregon alone got $2 billion.
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Consol idling two mines, blames environmentalists. — Steve James, Reuters, December 8, 2009
Coal miner Consol Energy Inc (CNX.N) launched an attack on environmentalists on Tuesday, blaming ecological “activism” for forcing it to idle two mines in West Virginia that employ nearly 500 workers. “It is unfortunate, at a time when reliable and affordable energy is so desperately needed to reinvigorate our economy, that the nation’s energy industries are coming under repeated assault from nuisance lawsuits and appeals of environmental regulations,” said Chief Operating Officer Nicholas DeIuliis.
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New Mexico Dairy Pollution Sparks ‘Manure War’. — John Burnett, National Public Radio, December 8, 2009
The New Mexico Environment Department reports that two-thirds of the state’s 150 dairies are contaminating groundwater with excess nitrogen from cattle excrement. While no one wants to drive the milk cows out of the state, many want the dairies to clean up their act. The picture on many milk cartons shows cows grazing on a pasture next to a country barn and a silo — but the reality is very different. More and more milk comes from confined animal feeding operations, where large herds live in feedlots, waiting their thrice daily trip to the milking barn. And a factory farm with 2,000 cows produces as much sewage as a small city, yet there’s no treatment plant. Across the country, big dairies are coming under increased criticism for polluting the air and the water. In New Mexico, they’re in the midst of a manure war.
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Study Shows Action on Climate Change Compatible with Long-Term U.S. Economic Growth. — Carolina Newswire, December 10, 2009
Measures being proposed by the U.S. Climate Action Partnership to curb greenhouse gas emissions are unlikely to affect potential long-term economic growth in the United States, according to a study by RTI International. The study, which assessed the impacts of the partnership’s legislative plan, found that measures being proposed would cost the average American household $57, $89, and $269 in 2015, 2020, and 2030, respectively. Over the same time period, household consumption, a measure of household purchasing power, is expected to rise by around 70 percent, while emissions are being reduced.
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Indiana Dunes National Lakeshore Officials Concerned Over Indiana’s Plans for Seawall. — Kurt Repanshek, National Park Traveler, December 11, 2009
Plans by the state of Indiana to build a hardened stone seawall along a portion of Indiana Dunes National Lakeshore don’t sit well with lakeshore officials, who cite a number of problems, including the lack of permits from the National Park Service and requisite environmental studies. While lakeshore Superintendent Costa Dillon noted in a letter sent to the Indiana Department of Natural Resources that no map accompanied the announcement of the project, he said it appears the entire 4,700-foot-long seawall would be located within the lakeshore’s boundaries.
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Shell has more hurdles to clear before drilling off shore. — Tim Bradner, Alaska journal of Commerce, December 11, 2009
The U.S. Minerals Management Service has approved Shell’s plans for a $350 million exploration plans in the Beaufort and Chukchi seas next summer, but the company still has big hurdles to clear. One is an air quality permit from the U.S. Environmental Protection Agency, which is proving to a real challenge, said Shell Alaska President Pete Slaiby.
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BLOGS

EPA Issues Greenhouse Gas Endangerment Finding. — Steven M. Taber, Environmental Law and Climate Change Law Blog, December 7, 2009
At a press conference this afternoon in Washington D.C., Environmental Protection Agency Administrator Lisa Jackson issued EPA’s finding that greenhouse gases threaten public health and the environment.  Administrator Jackson said that this decision is based on a “thorough examination of the scientific evidence and careful consideration of the over 400,000 public comments.  The EPA also found that the GHG emissions from on-road vehicles contribute to that threat, thereby providing the “legal foundation” for finalizing the “Clean Cars” program.
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To really save the planet, stop going green. — Mike Tidwell, The Washington Post, December 6, 2009
As President Obama heads to Copenhagen next week for global warming talks, there’s one simple step Americans back home can take to help out: Stop “going green.” Just stop it. No more compact fluorescent light bulbs. No more green wedding planning. No more organic toothpicks for holiday hors d’oeuvres. December should be national Green-Free Month. Instead of continuing our faddish and counterproductive emphasis on small, voluntary actions, we should follow the example of Americans during past moral crises and work toward large-scale change. The country’s last real moral and social revolution was set in motion by the civil rights movement. And in the 1960s, civil rights activists didn’t ask bigoted Southern governors and sheriffs to consider “10 Ways to Go Integrated” at their convenience. Green gestures we have in abundance in America. Green political action, not so much. And the gestures (“Look honey, another Vanity Fair Green Issue!”) lure us into believing that broad change is happening when the data shows that it isn’t. Despite all our talk about washing clothes in cold water, we aren’t making much of a difference.
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What Does EPA’s Finding that Greenhouse Gas Emissions Endanger Public Health and the Environment Mean to Business? — Steven M. Taber, Environmental Law & Climate Change Law Blog, December 11, 2009
When the U.S. Environmental Protection Agency issued its final finding that emission of six greenhouse gases endangered the public’s health and the environment because of their effect on climate change, the business community wondered how it should respond to the news.  At first glance, there seems to be blinding maze of legal and policy issues that will affect business decisions.  Although far from clear, there is a way out of the maze – although businesses with significant greenhouse gas emissions should be prepared to tackle the important issues that the Endangerment Finding raises.
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When the U.S. Environmental Protection Agency issued its final finding that emission of six greenhouse gases endangered the public’s health and the environment because of their effect on climate change, the business community wondered how it should respond to the news.  At first glance, there seems to be blinding maze of legal and policy issues that will affect business decisions.  Although far from clear, there is a way out of the maze – although businesses with significant greenhouse gas emissions should be prepared to tackle the important issues that the Endangerment Finding raises.

Businesses Need to Take a Deep Breath (Irony Intended)

The road to the endangerment finding began in 2007, when the U.S. Supreme Court decided in Massachusetts v. EPA that carbon dioxide and other greenhouse gases constituted “air pollutants” under the Clean Air Act.  To most savvy businessmen this was a clear signal to start planning how their businesses would cope with the establishment of limits on emission of greenhouse gases.  Although the Bush Administration EPA successfully sat on the issue, when the Obama Administration took office, most companies recognized that an endangerment finding would top the EPA’s list of major environmental actions.  Thus, EPA’s announcement this past April of its proposed finding and its announcement of the final endangerment finding should have come as no surprise to anyone who has been monitoring this issue.

The key thing for businesses to remember is that the endangerment finding by itself does not regulate the emission of greenhouse gases from any source, large or small.  That being said, it does have a direct impact on mobile sources (because of section 202(a) of the Clean Air Act), with the EPA planning on issuing its final “light-duty vehicle” greenhouse gas emissions rule some time in Spring 2010.

When the light-duty vehicle rule is finalized, the GHGs subject to regulation under that rule (i.e., the six greenhouse gases identified in the Endangerment Finding) would become immediately subject to regulation under the PSD program, meaning that from that point forward, prior to constructing any new major source or major modifications that would increase GHGs, a source owner would need to apply for, and a permitting authority would need to issue, a permit under the PSD program that addresses these increases. Similarly, for the Title V operating permit program, it would mean that any new or existing source exceeding the major source applicability level for those regulated GHGs, if it did not have a title V permit already, would have 1 year to submit a title V permit application.

Recognizing this incidental effect, the EPA proposed a “tailoring rule” on September 30, 2009.  In the Tailoring Rule, EPA proposed to set a new threshold of 25,000 metric tons of GHG emissions to define when Clean Air Act permits under the New Source Review and Title V operating permits programs would be required.  The proposed thresholds would “tailor” these permit programs to limit which facilities would be required to obtain permits and would cover nearly 70 percent of the nation’s largest stationary source GHG emitters—including power plants, refineries, and cement production facilities, while shielding small businesses and farms from permitting requirements. Thus, businesses that emit less than 25,000 metric tons of GHG and businesses that currently have a Title V operating permit will not, for the most part, be covered by the Tailoring Rule.

Should Businesses Make Voluntary Reductions in Greenhouse Gas Emissions?

So what should companies do in the meantime?

Many businesses have been evaluating their carbon footprint over the past few years (particularly since the Massachusetts v. EPA decision) and have been looking at ways to reduce GHG emissions. For many companies energy is a cost, and in some cases, greenhouse gases may be a lost resource.  By increasing efficiency, costs are reduced and the business operates better.  For example, the aviation industry loves to trumpet how it is getting “greener,” because it is reducing GHG emissions.  However, that greening has come about by reducing fuel consumption, which became a necessity when fuel prices spiked because fuel costs represent a huge percentage of the aviation industry’s costs.  The result?  Increased fuel efficiency=fewer emissions=reduction in emissions of GHG, with a reduction in fuel costs to top it off.  Moreover, there are ways that would reduce GHG emissions and accrue tax benefits, such as cogeneration or combined heating power.  These types of programs that reduce GHG emissions and accrue a direct benefit to the company’s bottom line should be pursued regardless of the regulatory environment.  The caveat would be that businesses should check in with their environmental law attorney to see if there are any carbon banks or carbon credit systems set up that they could participate in order to get “credit” for any reduction in GHG emissions.

Outside of those programs, however, caution should be taken with respect to taking on projects that would reduce GHG emissions, but represent a net cost to the business.  Many businesses are taking a “wait and see” attitude, relying on their environmental law attorneys to monitor developments, report to them about those developments and assist them in develop strategies and manage the risk.  It is only when the regulatory regime is in place that businesses can assess what changes need to be made to their processes and to their equipment in order to comply with the regulations.  Particularly when the costs to comply are substantial, businesses are going to want to wait until the requirements become fixed before they undertake a far-reaching GHG emission reduction program.

Congressional Outlook:  Who Knows What They Are Up To?

The progress in Congress on new Climate Change legislation is an additional reason for businesses to sit tight.  Since Monday’s Endangerment Finding, most business and industry groups have stated that they would much prefer either one of the bills currently being considered in Congress to regulation by the EPA.  The primary reason for this is the fact that both the Boxer-Kerry bill and the Waxman-Markey bill have “cap-and-trade” provisions, which, although excoriated by the Republicans, are much better for businesses than an EPA-centric “command-and-control” regulatory regime.  A good example of this change of heart is Sen. Mark Pryor (D.Ark.), who was reported as being more willing to consider a cap-and-trade proposal now that the EPA has issued its endangerment finding.

At the same time, the failure to come up with a bill for the President’s approval prior to the Copenhagen Climate Change Conference, the release of the hacked e-mails from East Anglia University’s Climate Research Unit, and the inexorable march of time have led to the Senate going back to the beginning.  Indeed, Sens. Kerry, Lieberman and Graham have put forth a new outline for Climate Change legislation. Thus, it is unlikely that Congress will have anything to offer until after the EPA has finalized the light-duty vehicle regulations, and perhaps after the Tailoring Rule is finalized.

Conclusion: Now Is The Time for Self-Assessment

The upshot of the Endangerment Finding and, for that matter, EPA’s regulation of GHG emissions, is that now would be a good time for businesses to assess just how much GHG emissions they produce.  The potential impact of EPA’s regulation of GHG emissions will be felt by companies that have not been traditionally required to examine their exposure to Clean Air Act regulation.  To state that there is not much clarity as which companies will be affected by the EPA’s Tailoring Rule, for example, is an understatement.  Even the EPA recognizes in its rule that it will need to fine tune it over the years so that does what it is supposed to do.  Thus, the more businesses know about their operations and the amount of GHG they emit, they better they will be able to assess their place in just about any scenario that may come up.

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At a press conference this afternoon in Washington D.C., Environmental Protection Agency Administrator Lisa Jackson issued EPA’s finding that greenhouse gases threaten public health and the environment.  Administrator Jackson said that this decision is based on a “thorough examination of the scientific evidence and careful consideration of the over 400,000 public comments.  The EPA also found that the GHG emissions from on-road vehicles contribute to that threat, thereby providing the “legal foundation” for finalizing the “Clean Cars” program.

Administrator Jackson stated that the findings are in response to the 2007 U.S. Supreme Court decision of Massachusetts v. EPA wherein the Court decided that GHGs fit within the Clean Air Act definition of “air pollutants.”  She pointed out that the findings do not in and of themselves impose any emission reduction requirements, but rather allow EPA to finalize the GHG standards proposed earlier this year for new light-duty vehicles as part of the joint rulemaking with the Department of Transportation.  It also allows EPA to move forward with its “tailoring rule” which will require major sources of GHG to take steps to limit emissions from new facilities by using Best Available Control Technology (BACT).

Ms. Jackson did address the “Climategate” hacked e-mails briefly, both in her prepared remarks and in response to a question.  She said that any requests to delay the endangerment finding based the existence of the hacked e-mails were simply delay tactics and not based on any of the information contained in the e-mails.  Ms. Jackson stated several times that there is no information in the hacked e-mails that undermines the science and studies that the EPA relied upon in making its finding. Later, she remarked that there are other datasets other than the CRU dataset, which have been peer-reviewed and verified, that sow the impact of GHG on the climate.  Because of the information contained in those datasets and because of the information EPA had received and reviewed, the EPA saw no reason to delay issuing its finding.

Ms. Jackson also addressed the interplay between this ruling and the pending climate bills in the Senate and the House.  Several times she said that she did not view this ruling and the climate change bills as an “either/or,” and that she “looks forward to working with Congress and the President” in developing reasonable climate change legislation.  Ms. Jackon said that EPA will continue its work on the regulatory front and believes that we still need new legislation to address climate change – the Clean Air Act and any new climate change legislation can be complementary.  However, when asked about when new rules would be issued that would require existing sources to regulate GHG emissions, Ms. Jackson demurred, and talked instead about how the climate change bill will be taken up soon.

Streaming posts of Administrator Jackson’s press conference were on Twitter at http://twitter.com/smtaber

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December 7, 2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@taberlaw.com with the word “subscribe” in the subject line.

SETTLEMENTS

Proposed Consent Decree, Clean Air Act Citizen Suit. — Environmental Protection Agency, Federal Register, November 30, 2009
In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Comite Civico Del Valle, Inc. in the United States District Court for the Northern District of California: Comite Civico Del Valle, Inc. v. Jackson, No. C09–04095 PJH (N.D. Cal.). Plaintiff filed a deadline suit to compel the Administrator to take final action under section 110(k) of the Act on Imperial County Air Pollution Control District (ICAPCD) Rules 800 through 806 submitted to the Environmental Protection Agency (EPA) by the California Air Resources Board as revisions to the state implementation plan. The proposed consent decree establishes a deadline for EPA action on ICAPCD Rules 800 through 806.
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Apartment Complex Owner Pays Fine for Failing to Warn Tenants about Lead Paint in Springfield, Mass. — EPA News Release, November 30, 2009
The owner of a 25-unit apartment building in Springfield, Mass. has agreed to pay a fine of $10,000 to settle an EPA enforcement action alleging violations of federal lead-based paint disclosure requirements.
The real estate company, MA No. 2, LLC (MA2), is a Nevada corporation that owns the Parkview Apartments on Federal Street in Springfield. In March 2006, EPA issued a subpoena seeking information regarding lead disclosure at Parkview. The subpoena response provided EPA with information leading to this enforcement case and the underlying allegations that eight lease transactions from 2004 and 2005 by MA2 were in violation of the Lead Disclosure Rule.
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EPA reaches agreement with Sauder on clean-air violations. — EPA News Release, December 1, 2009
U.S. Environmental Protection Agency Region 5 has reached an agreement with Sauder Woodworking Co. on alleged Clean Air Act violations at the company’s cogeneration plant at 820 W. Barre Road, Archbold, Ohio. The agreement, which includes a $79,500 penalty, resolves EPA allegations that, among other things, Sauder violated federal and state regulations by emitting excessive amounts of visible particulates (smoke, dust, ash), nitrogen oxides and volatile organic compounds from its wood-fired boilers.
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Settlement reached with ethanol plant. — Fond Du Lac Reporter, December 1, 2009
A settlement agreement has been reached between an environmental group and an ethanol plant near Oshkosh. Clean Water Action Council of Northeastern Wisconsin (CWAC) maintained that Utica Energy LLC had repeatedly violated the Clean Water Act by discharging zinc, sediment and other pollutants into Sawyer Creek in excess of limits outlined in the company’s DNR-issued wastewater discharge permit. The agreement was filed by CWAC’s legal representatives, Midwest Environmental Advocates (MEA), on Nov. 24 in the U.S. District Court for the Eastern District of Wisconsin
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DECISIONS

EPA cites Bucklen Equipment for damages to the Cache la Poudre River in Greeley. — EPA News Release, December 1, 2009
The U.S. Environmental Protection Agency has reached an agreement with Bucklen Equipment Company, Inc. to resolve alleged violations of the Clean Water Act in Weld County, Colorado. The alleged violations include unauthorized discharges of pollutants to the Cache la Poudre River and its adjacent wetlands within the City of Greeley. Under the consent agreement, the company will pay a penalty of $16,000 and will remove any remaining gravel piles from wetlands along the river.
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Former Harlem water official gets year in prison. — Sandy Hodson, Augusta Chronicle, December 1, 2009
Harlem’s former public works director was sentenced today to 12 months and one day in jail for releasing untreated wastewater and falsifying water quality reports. Although Daniel W. Cason, 66, pleaded guilty to three federal crimes in March, Mr. Cason declared Tuesday, “I am not a criminal.” Violating the Clean Water Act, however, is a federal offense because the American people want clean water and must trust those in charge of water treatment plants to do their jobs faithfully, countered Assistant U.S. Attorney David Stewart.
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Center for Biological Diversity v. Kempthorne: Ninth Circuit Affirms District Court Finding of No Violation of NEPA or Marine Mammals Act. — U.S. Court of Appeals for the Ninth Circuit, December 2, 2009
The Ninth Circuit held that the Department of Interior’s Fish and Wildlife Service did not violate either the Marine Mammals Protection Act or the National Environmental Policy Act when it issued its regulations that allow the incidental “take” of marine animals.
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Barrick Gold to work on mine despite court ruling. — The Associated Press, December 4, 2009
Global mining giant Barrick Gold Corp. will continue work on a massive gold mine project in Nevada even though a U.S. court of appeals ordered more environmental analysis on the mining project, a company spokesman said Friday. Vincent Borg said work will continue on its new $500 million Cortez Hills mine a day after a three-judge panel of the U.S. Court of Appeals for the 9th Circuit granted an injunction to force Barrick Gold to postpone digging a 2,000-foot deep open pit at the mine. The appeals court ruling will be interpreted by a Nevada District Court, which will determine what action, including any suspension of operations, may be required to respond to the decision of the U.S. court of appeals.
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National Union Fire Insurance Company et al. v. Standard Fusee Corporation. — Court of Appeals of Indiana, Leagle, December 3, 2009
Because we find that the pollution exclusion is ambiguous and unenforceable under Kiger and the line of cases following Kiger, we need not address the Insurers’ argument about conversations about pollution claims between SFC and insurance brokers. The pollution exclusion does not relieve the Insurers of their duty to defend SFC.
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Judge: Livingston broke the law.  — Jonah Owen Lamb, Merced Sun-Star, December 5, 2009
Livingston broke state law when it approved its 2025 general plan update and certified the requisite environmental documents, a Merced Superior Court judge has ruled. The ruling decided a nearly year-old lawsuit against the city and ordered Livingston to send its controversial 2025 general plan — which projects the city to grow to roughly 100,000 — back to the drawing board. The lawsuit was filed by the Merced Farm Bureau in December 2008.
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Justices deliver a blow to coal plant. — Judy Fahys, Salt Lake Tribune, December 4, 2009
Two rulings by the Utah Supreme Court are making the company behind a coal-fired power plant proposal wonder if the project still makes sense. The court threw new obstacles Friday in front of the Sevier Power Co. by requiring a substantial updating of its air-pollution permit for a 270-megawatt, $600 million electric generator in Sigurd. The extra work, basically requiring the company to ensure the cleanest possible technology is used, could cost millions and take months, if not years. Justices unanimously backed arguments made by the Utah Chapter of the Sierra Club and two Sevier County retirees, firefighter Jim Kennon and boat-designer Dick Cumiskey, who have led local opposition to the proposed plant and argued their case directly before the justices last year.
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LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

North Carolina Poultry Processing Plant and Manager Indicted for Violations of Clean Water Act. — Department of Justice  News Release, November 30, 2009
A federal grand jury in Greensboro, N.C., returned an indictment today charging a poultry processor and a plant manager with multiple violations of the Clean Water Act for illegally discharging wastewater from its Raeford, N.C., based facility, the Justice Department announced. House of Raeford Farms Inc. and its plant manager, Gregory Steenblock, were both charged with 14 counts of violating the Clean Water Act. House of Raeford is a turkey slaughter and processing facility located in Raeford.
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Indictment: Poultry plant wouldn’t slow wastewater. — Emery P. Dalesio, The Associated Press, December 1, 2009
A poultry plant facing federal charges of discharging water containing untreated turkey waste wouldn’t slow its processes after its output of polluted water overwhelmed its onsite treatment capacity, a federal indictment released Tuesday said. A federal grand jury on Monday indicted House of Raeford Farms and plant manager Gregory Steenblock on 14 counts of violating the federal Clean Water Act. The indictment accuses the company and Steenblock of knowingly bypassing its water treatment system at its Raeford turkey processing plant 14 times between 2005 and 2006. The wastewater was sent directly to the city’s municipal sewage treatment works, the indictment said.
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EPA unhappy with Columbus Steel Castings: Violation of pollution order alleged. — Spencer Hunt, The Columbus Dispatch, December 1, 2009
Columbus Steel Castings has failed to follow through on a court-ordered plan to identify and fix air-pollution problems at its South Side foundry, Ohio Environmental Protection Agency officials said yesterday. The Ohio EPA took the foundry, which makes metal parts for rail cars, to court in June 2008 over air-pollution violations that included excessive smoke and dust at its plant at 2211 Parsons Ave. In April, Franklin County Municipal Judge Harland H. Hale ordered the company to conduct an audit of air-pollution issues and eliminate those problems by Nov. 18.
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Sierra Club appeals gas plant permit. — Tesa Culli, Mt. Vernon Register-News, December 1, 2009
The Sierra Club has filed an appeal to the Illinois Environmental Protection Agency construction permit granted to Power Holdings, Inc., for a synthetic natural gas plant to be built near Waltonville. In late October, the IEPA issued the construction permit for the proposed plant, which is slated for construction on Tomahawk Lane. According to the permit, the facility would use gasification technology to produce pipeline quality natural gas. The plant would utilize coal from Herrin No. 6 creating a “clean synthesis gas which would be further processed by methanation to produce synthetic natural gas, which would be sold to natural gas suppliers,” according to the permit. The IEPA stated under design specifications for the plant, all standards are under compliance.
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Murchison cited for buried waste: `He Didn’t Know Any Better’. — Paul Bryant, The Chandler & Brownsboro Statesman, December 3, 2009
Murchison Mayor Mike Hill told investigators with the Texas Commission on Environmental Quality he didn’t know it was illegal to bury solid waste instead of discarding it at a licensed facility, a state official told the Statesman following a month-long investigation. “He said he didn’t know any better,” Craig Conner said. “That is a typical response for things like that. We cited them, but they were pretty cooperative with us.”  The newspaper on Oct. 5 sent an email to TCEQ’s Tyler office notifying officials there that two Murchison witnesses had reported Hill ordered the burial of scrap metal and other materials at the city’s wastewater treatment plant in July.
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Bahr et al. v. Jackson, U.S.District Court for District of Arizona. — Arizona Center for Law in the Public Interest, Complaint, December 2, 2009
This is an action to compel the United States Environmental Protection Agency and its Administrator (collectively “the Administrator”) to perform nondiscretionary duties under the Clean Air Act (the “Act”). Specifically, the Administrator has a duty to act upon the “MAG 2007 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area,” Maricopa Association of Governments, 2007 (“5% Plan”) which was submitted by the State of Arizona. The Administrator has failed to take action on the 5% Plan as required by 42 U.S.C. §7410(k)(2).
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EPA Blows off Phoenix’s Foul Air, Citizens Say. — Jamie Ross, Courthouse News Services, December 4, 2009
Phoenix residents say the Environmental Protection Agency failed to take action on a state plan to reduce airborne particulates in the Phoenix metro area by 5 percent to meet National Ambient Air Quality Standards. Phoenix was given a “D” grade by the American Lung Association for particulate pollution this spring. Sandra L. Bahr, Diane E. Brown and David Matusow say the health of other Phoenix residents is endangered by breathing air “that is less pure than required” by the Clean Air Act. EPA administrator Lisa Jackson had until June 30 to approve or reject the state’s plan, according to the federal complaint. The EPA considers Phoenix a “serious nonattainment” area, which fails to meet federal health and welfare standards for air pollutants. Air particulates include airborne dust, soot and dirt emitted or tossed up by cars, construction and wind. The particulates can damage lung tissue, the respiratory system and “the body’s defense systems against foreign materials.”
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U.S. lawsuit targets pesticide impact on polar bears. — Yereth Rosen, Reuters, December 3, 2009
The U.S. government violated the Endangered Species Act by failing to curb use of pesticides that have been accumulating in the Arctic food chain and in the fat of polar bears, a species listed as threatened, environmentalists charged in a lawsuit on Thursday. While the biggest threat to polar bears comes from the rapidly warming Arctic climate and the disappearance of sea ice, the pesticide onslaught creates more woes for an already stressed population, said Rebecca Noblin, a Center for Biological Diversity staff attorney in Anchorage. “The health impacts of pesticides tend to make polar bears more susceptible to disease, to lower cub survival,” Noblin said. “Since polar bears are already struggling, the combined impacts of the two could lead to more problems.”
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Polar bear lawsuit filed. — The Associated Press, December 4, 2009
An environmental group sued the Environmental Protection Agency on Thursday, claiming it has not reviewed the detrimental effects of pesticides on polar bears and their Arctic habitat. “We’re asking EPA to fulfill its obligations under the Endangered Species Act,” said Rebecca Noblin, an attorney and spokeswoman for the Center for Biological Diversity. Polar bears were listed as a threatened species in May 2008 because of the dramatic loss in their primary habitat, sea ice. EPA spokesman Mark MacIntyre in Seattle said he had not seen the lawsuit and noted the agency generally does not comment on pending litigation.
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South Fork Band Council of Western Shoshone of Nevada v. Department of Interior. — Ninth Circuit Court of Appeals, Opinion, December 2, 2009
The Tribes fail to point to any relevant action on BLM’s part that was arbitrary or unreasonable. We will not second guess the agency’s weighing of the compliant and noncompliant visual resource areas in light of its experience and expertise. Trout Unlimited v. Lohn, 559 F.3d 946, 955 (9^th Cir. 2009). We affirm the district court’s determination that the Tribes failed to show a likelihood of succeeding on their FLPMA claims. However, the Court concluded that the Bureau of Land Management did not take the requisite “hard look” under NEPA, so it reversed the District Court and remanded the matter.
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Secret coal ash ponds spark legal action. — Facing South, December 2, 2009
The public does not have access to information about more than 70 coal ash waste storage sites because the Environmental Protection Agency is withholding at the request of the power companies, which claim it represents “confidential business information.” Among the companies demanding that the information be kept secret are North Carolina-based Duke Energy and Southern Company subsidiaries Georgia Power and Alabama Power. But the EPA may be forced to hand over the information thanks to an action taken this week by three environmental advocacy groups.
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REGULATORY ACTIONS

Air

Approval and Promulgation of Air Quality Implementation Plans; Utah; Redesignation Request and Maintenance Plan for Salt Lake County; Utah County; Ogden City PM10 Nonattainment Area. — Environmental Protection Agency, Federal Register, December 1, 2009
EPA is proposing to disapprove the State of Utah’s requests under the Clean Air Act to redesignate the Salt Lake County, Utah County, and Ogden City PM10 nonattainment areas to attainment, and to approve some and disapprove other associated State Implementation Plan (SIP) revisions. The Governor of Utah submitted the redesignation requests and associated SIP revisions on September 2, 2005. EPA is proposing to disapprove the redesignation requests because the areas do not meet all Clean Air Act requirements for redesignation.
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Feds reject one Utah plan to clean up air. — Judy Fahys, The Salt Lake Tribune, December 1, 2009
Federal environmental officials don’t think Utah has done a good-enough job of cleaning up urban Utah’s air. The U.S. Environmental Protection Agency said today the state must do more to deal with PM 10, a type of airborne soot and pollution. In a Federal Register notice published Tuesday, the EPA says that Utah and Salt Lake counties, along with the city of Ogden, still violate the federal standard for PM 10, and the Utah Division of Air Quality’s plan to clean it up falls short. The state first began to petition the EPA in 2005 to remove the Utah counties from the list of areas that do not meet the Clean Air Act standards for PM 10. Tuesday’s notice rejects a number of those requests and sends the state back to the planning stage in search of better ways to reduce PM 10 emissions.
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Idaho sets stringent clean coal’ rules for proposed plant. — Rocky Barker, McClatchy Newspapers, December 1, 2009
The Idaho Department of Environmental Quality set a national precedent Monday when it issued a permit requiring a proposed Power County fertilizer plant to cut carbon dioxide emissions by 58 percent of what a comparable facility now emits. The permit – hashed out over several months among Southeast Idaho Energy, the state, the Sierra Club and the Idaho Conservation League – was issued only days before negotiators from around the world arrive in Copenhagen, Denmark, to write a new treaty to reduce greenhouse gas emissions worldwide. Southeast Idaho Energy’s facility would turn coal into gas that would both produce nitrogen fertilizer and sulfur.
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MEMA seeks clearly defined GHG, fuel economy standards. — Fleet Owner, December 1, 2009
The Motor & Equipment Manufacturers Association (MEMA) wants the U.S. government agencies in charge of developing new light-duty vehicle greenhouse gas emission (GHG) and corporate average fuel economy (CAFE) regulations to establish and follow “compatible and consistent” standards to ease the financial burden on its members. In comments submitted to the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) about the joint proposed rulemaking, MEMA president &  CEO Bob McKenna said that vehicle manufacturers  “focus their resources on investing in the best technologies, which, in turn, feeds the ability of the supplier base to advance development and transfer research technologies into commercially viable products.”
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EPA Announces Proposal to Withdraw the Emission Comparable Fuels Rule. — EPA News Release, December 2, 2009
The U.S. Environmental Protection Agency has proposed to withdraw the Emission Comparable Fuels (ECF) rule, which became effective on Jan. 20, 2009. The ECF rule governs fuel that would otherwise be regulated as hazardous waste, but that generates emissions that are comparable to fuel oil. EPA issued a rule in January 2009 that classifies ECF as a product rather than a hazardous waste. However, EPA is now proposing to withdraw the January 2009 rule due to the difficulty of ensuring that emissions from burning ECF are comparable to emissions from burning fuel oil, and the limited savings of burning ECF.
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EPA Petitioned to Regulate CO2 Using Clean Air Act, Cap At 350ppm. — Matthew McDermott, Treehugger, December 2, 2009
On and off for the past year we’ve heard statements about how the Environmental Protection Agency could really make an end run around Congressional inaction on climate and set a cap on carbon dioxide emissions though the Clean Air Act. Even Al Gore hinted at it during Climate Week NYC. Well now the Center for Biological Diversity and 350.org have petitioned the EPA to do just that:
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Groups want national limit on greenhouse gases. — Jim Snyder. The Hill, December 2, 2009
The Center for Biological Diversity and 350.org want EPA to use the Clean Air Act to dramatically scale back greenhouse gas emissions. “The Clean Air Act provides the tools necessary for the U.S. to commit to the deep and rapid greenhouse emissions reductions – on the order of 45 percent or more below 1990 levels by 2020 – needed to avert the worst impacts of climate change,” a petition the groups sent EPA states.
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Groups Petition EPA to Set Greenhouse Gas Limits Under Clean Air Act. — Robin Bravender, Greenwire in The New York Times, December 2, 2009
Two environmental groups petitioned U.S. EPA today to set national limits for greenhouse gases using the Clean Air Act. The Center for Biological Diversity and 350.org petitioned (pdf) EPA to designate greenhouse gases as “criteria” air pollutants, which would require EPA to establish allowable nationwide concentrations for the gases. The groups are asking the agency to cap atmospheric concentrations of CO2 at 350 parts per million (ppm) — a level the groups and some scientists say is necessary to avoid the worst effects of global warming. “It’s time to use our strongest existing tool for reducing greenhouse gas pollution — the Clean Air Act,” said Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute. “For four decades, this law has protected the air we breathe — and it’s done that through a proven, successful system of pollution control that saves lives and creates economic benefits vastly exceeding its costs.”
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National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing. — Environmental Protection Agency, Federal Register, December 2, 2009
EPA is promulgating national emissions standards for the control of emissions of hazardous air pollutants (HAP) from the asphalt processing and asphalt roofing manufacturing area source category. These final emissions standards for new and existing sources are based upon EPA’s final determination as to what constitutes the generally available control technology or management practices (GACT) for the source category.
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National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing. — Environmental Protection Agency, Federal Register, December 3, 2009
EPA is issuing national emission standards for control of hazardous air pollutants (HAP) for the Paints and Allied Products Manufacturing area source category. The final rule establishes emission standards in the form of management practices for volatile HAP, and emission standards in the form of equipment standards for particulate HAP. The emissions standards for new and existing sources are based on EPA’s determination as to what constitutes the generally available control technology or management practices (GACT) for the area source category.
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EPA asked to give reasons for pollution decision. — Judy Fahys, Salt Lake Tribune, December 2, 2009
State environmental officials want federal regulators to explain what’s wrong with Utah’s plan to keep fine soot and dust out of the air. The state Air Quality Board is asking the Environmental Protection Agency to answer its questions at a Jan. 6 meeting. The board also wants the agency to provide more time for state comment on those explanations. “I think it would be useful to hear [EPA] Region 8’s thinking on this,” said Cheryl Heying, director of Utah’s Air Quality Division. On Tuesday, EPA announced plans to reject Utah’s 4-year-old proposal to give the state’s urban areas a passing grade for PM 10, a kind of microscopic soot and dust pollution. At the heart of the rejection is a disagreement between state and federal regulators about whether to count periodic dust episodes in Utah County, Salt Lake County and the city of Ogden.
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CARLSBAD: Air pollution concerns dominate at power plant meeting. — Barbara Henry, North County Times, December 2, 2009
New air pollution maps for a proposed 558-megawatt power plant indicate that communities east of Carlsbad will experience the plant’s emissions more than some areas within the city limits. That’s because of the proposed height of the project’s two 139-foot-tall smoke stacks, as well as regional topography, air quality officials said at a workshop Wednesday. One area within Carlsbad that is forecast to have a higher pollution exposure is the strawberry fields region directly east of the Encina Power Station, officials said during a presentation at a state Energy Commission meeting. The officials repeatedly stressed that the various pollutants were well below any level of significance that would lead to denying the project the permits it needs.
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Approval of Section 112(l) Authority for Hazardous Air Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products. — Environmental Protection Agency, Federal Register, December 4, 2009
On August 26, 2003, the EPA published in the Federal Register a direct final rule to approve the North Carolina Department of Environment and Natural Resource’s (NC DENR) equivalency by permit program, pursuant to section 112(l) of the Clean Air Act, to implement and enforce State permit terms and conditions that substitute for the National Emissions Standards for Hazardous Air Pollutants from the pulp and paper industry for the International Paper Riegelwood mill in Riegelwood, North Carolina. Then, on April 12, 2004, the EPA published in the Federal Register a direct final rule to amend the August 26, 2003, direct final rule in order to extend its coverage to include an additional four mills in North Carolina. This action is taken to once again amend the August 26, 2003, direct final rule in order to expand the NC DENR equivalency by permit program coverage to include all 32 sources in North Carolina subject to the plywood and composite wood products rule.
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EPA rule change leaves too many questions unanswered. — The Prairie Star, December 3, 2009
At the present time, meetings are taking place across the country among farmers and farm organizations as they discuss the Environmental Protection Agency’s permitting process for spraying pesticides on or near water. What’s come out of those meetings thus far is a lot of unanswered questions.
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Sulfur rule could affect industry. — Claire Johnson, The Billings Gazette, December 4, 2009
Despite big reductions in sulfur dioxide pollution in the Yellowstone Valley, area industries may have more work to do to comply with a proposed new federal standard. The Environmental Protection Agency announced last week that it intends to adopt an hourly standard for sulfur dioxide pollution to better protect the health of people who suffer from asthma and other respiratory diseases. Research has shown that exposure even to short-term spikes of sulfur dioxide can make breathing difficult for people with asthma when they’re active outdoors.
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Selenium from power plants poses ecological risks, spurs EPA review. — Sarah Coefield, Environmental Health News, December 4, 2009
Selenium is an essential nutrient, but excess amounts can be dangerous to wildlife and people. Now the U.S. Environmental Protection Agency is preparing a new regulation that would require more than 600 coal-fired power plants to clean up — perhaps even eliminate — wastewater discharged into lakes, rivers and other waterways. The national standards would replace a patchwork of state regulations that EPA officials say are too lax to protect fish and wildlife from toxic metals and other elements, particularly selenium, in the plants’ wastewater. Some states allow the plants to emit selenium at levels hundreds of times higher than EPA’s water-quality standards, while others don’t even require monitoring for it.
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EPA Poised to Declare CO2 a Public Danger. — Ian Talley, The Wall Street Journal, December 5, 2009
The U.S. Environmental Protection Agency will early next week, possibly as soon as Monday, officially declare carbon dioxide a public danger, a trigger that could mean regulation for emitters across the economy, according to several people close to the matter. Such an “endangerment” decision is necessary for the EPA to move ahead early next year with new emission standards for cars. EPA Administrator Lisa Jackson has said it could also mean large emitters such as power stations, cement kilns, crude-oil refineries and chemical plants would have to curb their greenhouse gas output. The announcement would also give President Barack Obama and his climate envoy negotiating leverage at a global climate summit starting next week in Copenhagen, Denmark and increase pressure on Congress to pass a climate bill that would modify the price of polluting.
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Water

Va. Farm Bureau takes aim at new bay rules. — Steve Szkotak, The Associated Press, November 28, 2009
Virginia’s largest agricultural advocacy group is rallying against a proposed clean-up plan for the Chesapeake Bay, contending the new federal regulations could put small farmers out of business. The Virginia Farm Bureau Federation begins its annual convention Monday in Richmond, and the proposed regulations are likely to be the buzz among 800 farmers and others attending. Farm Bureau officials will outline their opposition to elements of the clean-up plan at a news conference Wednesday, the final day of the convention.
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EPA Finalizes Nationwide Numeric Limit, Prescriptive Stormwater Controls For All Construction Sites. — Environmental Observer, The Associated General Contractors of America, November 30, 2009
On Nov. 23, the U.S. Environmental Protection Agency (EPA) finalized its Construction and Development Effluent Limitations Guidelines (C&D ELG) rule.  EPA has for the first time imposed nationwide monitoring requirements and enforceable numeric limits on the amount of sediment that can run off any construction site that impacts 10 or more acres of land at any one time. The rule also specifies the exact types of erosion and sediment controls that contractors must use, at a bare minimum, to control stormwater runoff on all construction sites that disturb one or more acres of land.  The rule will take effect in February 2010 and be phased in over four years.  A 250-page “pre-publication” version is available on EPA’s Web site.
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Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category. — Environmental Protection Agency, Federal Register, December 1, 2009
The Environmental Protection Agency is publishing final regulations establishing Clean Water Act (CWA) technology-based Effluent Limitations Guidelines and New Source Performance Standards for the Construction and Development (C&D) point source category. EPA expects compliance with this regulation to reduce the amount of sediment andother pollutants discharged from construction and development sites by approximately 4 billion pounds per year.
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Agriculture interests fighting new clean water permitting for pesticides. — Katie Redding, The Colorado Independent, December 1, 2009
The agriculture industry is petitioning the U.S. Supreme Court to overturn a lower court ruling requiring anyone spraying pesticides on or near water to hold a Clean Water Act permit. Earlier this year, the 6th U.S. Circuit Court of Appeals ruled that farmers who apply pesticides near or over water need to apply for permits. At the time, environmental groups celebrated the victory:
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EPA: Algae responsible for Pa./W.Va. fish kill. — The Associated Press, December 5, 2009
The Environmental Protection Agency says toxic algae was responsible for killing fish, mussels and other aquatic life in nearly the entire 43-mile length of a creek along the southwestern Pennsylvania-West Virginia border. The EPA’s report says high levels of total dissolved solids, or impurities, created favorable conditions for September’s golden algae bloom in Dunkard Creek. The impurities appear to be from treated mine water discharge.
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EPA pins killing of Dunkard Creek on mine discharges. — Don Hopey, Pittsburgh Post-Gazette, December 4, 2009
A new U.S. Environmental Protection Agency report blames a September bloom of toxic golden algae for wiping out almost all fish, mussels, salamanders and aquatic life on 43 miles of Dunkard Creek along the Pennsylvania-West Virginia border. The 17-page interim report released Tuesday also tied mine treatment discharges high in total dissolved solids to the creation of salty water conditions that allowed the algae, normally found in brackish waters in Southern and Southwestern states, to thrive and bloom. Although the EPA report confirms a late September West Virginia Department of Environmental Protection finding fingering the algae, it offers no explanation of how the algae got in the creek and said it will be almost impossible to remove. The only way to control its growth and toxicity and foster stream restoration, the study said, is to limit mine drainage containing high TDS.
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Environmentalists fear possible loophole in EPA coal ash rules. — Jason Hancock, The Iowa Independent, December 4, 2009
The U.S. Environmental Protection Agency is on schedule to release federal guidelines for the disposal of coal ash some time this month, but a potential loophole in the new rules has some worried they will leave Iowans unprotected. For three decades, rules governing the disposal coal ash, the toxic byproduct of burning coal, have been left up to states, creating a patchwork of differing regulations with questionable effectiveness. However, after the massive coal ash spill in Kingston, Tenn., last year, which resulted in nearly a billion gallons of coal ash sludge flooding 300 acres of land, the EPA promised it would finally regulate coal ash. But some fear the new rules may only cover ash stored in wet ponds, leaving sites many consider the most dangerous in the Hawkeye State unregulated.
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Fla., EPA cooperation sought on surface water regs. — The Associated Press, December 3, 2009
Florida’s congressional delegation has asked the nation’s top environmental regulator to work closely with the state when setting water pollution standards. Florida’s two U.S. senators and 23 of its 25 representatives sent a letter Thursday to Environmental Protection Agency Administration Lisa Jackson. A federal judge last month approved an agreement between EPA and environmental groups to set first-in-the-nation standards for Florida to limit nutrients that have been blamed for causing algae blooms.
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EPA withdraws discharge permit for Arizona mine. — Felicia Fonseca, The Associated Press, December 3, 2009
The U.S. Environmental Protection Agency has withdrawn a water discharge permit for a controversial coal-mining operation in northern Arizona pending public hearings. The EPA’s decision about the permit for Peabody Energy’s Black Mesa mine complex comes after an appeal by environmentalists who contend the discharge of heavy metal and pollutants threatens water sources that nearby Navajo and Hopi communities depend on for drinking, farming and ranching.
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U.S. EPA Directs Bay Area Wastewater Collection Systems to Protect San Francisco Bay from Sewage Discharges. — EPA News Release, December 4, 2009
The U.S. Environmental Protection Agency has ordered seven municipal sewage collection systems in the East Bay Municipal Utility District (EBMUD) to take steps to work with EPA and EBMUD to address inadequately treated sewage discharges from EBMUD Wet Weather Facilities to the San Francisco Bay. The November 2009 administrative orders apply to Oakland, Emeryville, Piedmont, Berkeley, Alameda, Albany, and the Stege Sanitary District (which serves Kensington, El Cerrito and the Richmond Annex section of Richmond).
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EPA Updates Gowanus On Canal Cleanup. — NY1 News, December 4, 2009
The Environmental Protection Agency told Brooklyn residents Thursday that the cleanup of the badly-contaminated Gowanus Canal is moving forward. At a briefing at P.S. 32 in Gowanus Thursday night, agency officials said they’re still waiting to learn if the canal cleanup will receive superfund status. In the meantime, the EPA is planning to sample canal sediment to learn the extent of the contamination and how risky it would be to remove it.
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Florida utilities, state politicians take on federal EPA over clean water regulations. — Fred Hiers, The Gainesville Sun, December 5, 2009
The Environmental Protection Agency is continuing on its course to set new Florida water quality standards by next year, despite pleas from utilities that the new criteria would be too stringent and cost billions of dollars to meet. As those parties battle, federal lawmakers who represent Florida are trying to slow down the EPA. More than two dozen Florida lawmakers, including Sens. Bill Nelson and George LeMieux, wrote EPA Administrator Lisa Jackson on Thursday asking that her agency tread cautiously in deciding its water quality standards for the state. They also asked that federal scientists work more closely with the Florida Department of Environmental Protection, known as FDEP, before setting standards in January.
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Waste

State Agency: BP Alaska Pipeline Leaks Hydrocarbons. — Angel Gonzalez, Dow Jones Newswires, November 30, 2009
t of an 18-inch common line carrying a mixture of petroleum, produced water and natural gas, was discovered Sunday at 3:05 a.m. local time during a routine check, according to a report by the Alaska Department of Environmental Conservation. BP, which activated its spill response team shortly after discovering the incident, estimated that about 8,400 square feet of snow-covered tundra had been affected, according to the report. No spill has been observed in the Prudhoe Bay area, the report added. The cause of the spill is unknown and is being investigated, the agency said. In an updated report released late Monday, the agency said that BP constructed a snow berm to prevent the spilled oil from migrating north towards Prudhoe Bay.
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High levels of Sparrows Point benzene confirmed by Port study, chemical may have reached nearby communities. — Mark Reutter, Baltimore Brew, December 2, 2009
A widely anticipated Maryland Port Administration study mapping pollution coming from the Sparrows Point steel mill confirms that cancer-causing benzene has infiltrated Baltimore harbor and may have migrated to shorefront communities through harbor currents and tides. The report, dated Nov. 2009, has not yet been posted on the agency’s website or publicly released. The Brew obtained a copy from sources. The 202-page report confirms earlier studies that benzene and other harmful substances, including naphthalene, lead, arsenic, vanadium and toluene, have been leaking into Baltimore harbor from the mill. Using “chemical fingerprinting,” the researchers traced the contamination back to an abandoned coke oven plant.
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EPA Drops Rule Allowing Hazardous Waste to be Burned as Fuel. — ENS News Wire, December 3, 2009
Environmental groups are applauding the U.S. Environmental Protection Agency for its plan to repeal a rule that would have permitted the burning of hazardous waste as fuel. The so-called Emissions Comparable Fuels rule took effect on the very last day of the Bush administration, January 20, 2009. It allowed industries to burn fuel that would otherwise be regulated as hazardous waste, but that generates emissions comparable to fuel oil. The rule, requested by the National Association of Manufacturers and the American Chemistry Council, would have allowed more than 100,000 tons of hazardous waste to be burned without federal hazardous waste protections.
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EPA updates Rialto on perchlorate cleanup process. — Josh Dulaney, Conra Costa Times, December 3, 2009
A water contamination problem decades in the making will take decades to fix, according to U.S. Environmental Protection Agency officials. “A long time,” said EPA Project Manager Wayne Praskins at a joint community meeting held by the EPA and the California Department of Public Health this week to address how the agencies were tackling perchlorate contamination at a 160-acre site on the north side where fireworks companies and defense contractors operated after World War II. Praskins told residents the agency “may have to operate for decades” here in order to clean up the contaminate, which is a rocket-fuel additive that in high doses can interfere with the thyroid gland.
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Climate Change

Forest Service ‘Dramatically Reshaping’ Plans in Response to Climate Change. — Noelle Straub, Greenwire in The New York Times, November 30, 2009
Forest Service Chief Tom Tidwell has directed the agency’s regions and research stations to jointly produce draft “landscape conservation action plans” by March 1 to guide its day-to-day response to climate change. In a memo (pdf) earlier this month requesting the plans, Tidwell said climate change is “dramatically reshaping” how the agency will deliver on its mission of sustaining the health and diversity of the nation’s forests. He focused particularly on water management.
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U. S. Business Greenhouse Gas Emissions (GHG) Reporting, 30 Days and Counting. — GLG Expert Contributor, Gerson Lehrman Group, November 29, 2009
On January 1, 2010, many North American manufacturing facilities, distributors, importers etc.. releasing green house gases (Carbon footprint) will be required to begin monitoring their emissions of greenhouse gas. The first greenhouse gas data reported must be submitted by March 31, 2011 directly to the EPA. This EPA rule adds teeth to the U.S. CO2 trading markets.
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USDA offers climate change cost estimates for produce. — Tom Karst, The Packer, December 3, 2009
Proposed climate change legislation will increase average costs for fruit and vegetable growers by about 2% in the short term and close to 4% over several decades, according to the U.S. Department of Agriculture. USDA economist Joe Glauber testified Dec. 2 before the House Agriculture Committee, subcommittee on conservation, credit, energy and research about costs associated with climate change legislation. Though his testimony was focused on cost consequences of climate change legislation, Glauber said opportunities to provide carbon offsets to other industries would make climate change legislation a net positive for the farm community over the long term.
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Other

EPA’s Letter to Growth Energy Delaying Its Review of Ethanol Content of Gasoline. — EPA Letter to Growth Energy, November 30, 2009
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Ethanol Industry Reacts to EPA Decision. — Cindy Zimmerman, Domestic Fuel, December 1, 2009
Ethanol industry groups are reacting to the announcement this morning from the Environmental Protection Agency that may be another six months before a final decision can be made on increasing the allowable ethanol content in fuel to 15 percent. Growth Energy, the coalition of U.S. ethanol supporters that filed the Green Jobs Waiver seeking E15, is optimistic that the agency will approve E15 upon the completion of ongoing tests early next year.
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E.P.A. Postpones Ethanol Blend Decision. — Kate Galbraith and Matthew L. Wald, The New York Times, December 1, 2009
The Environmental Protection Agency has put off, until the middle of next year, any decision about whether to increase the amount of ethanol allowed into the nation’s fuel. In a letter released on Tuesday to Growth Energy, an ethanol lobby group, the agency said that more testing was necessary, but that some initial results indicate that raising the amount of ethanol blended into gasoline would be feasible for newer cars. Growth Energy has pushed to raise the maximum amount of ethanol sold in most gasoline to 15 percent from 10 percent.
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US Govt delays decision on more ethanol in gasoline. — James Pethokoukis, Reuters, December 1, 2009
The U.S. Environmental Protection Agency said on Tuesday it needs more time to decide whether to approve an industry request to boost the amount of ethanol blended into gasoline. The EPA was supposed to decide by Dec. 1 on a petition from Growth Energy and 54 ethanol manufacturers on whether to let gasoline contain up to 15 percent of ethanol. U.S. gasoline is now approved to contain up to 10 percent ethanol, which in the United States is made mostly from corn.
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The High-Stakes Fight Over Ethanol Content in Gasoline. — Jim Motavalli, BNET Auto Blog, December 1, 2009
Should gasoline have more ethanol in it? This is a story about a five percent change, and if you don’t think that’s significant, just multiply it by billions of gallons annually. Unfortunately, the auto industry (which is worried about engine damage) isn’t going along. The environmental community is not too keen on the idea, either. The Environmental Protection Agency (EPA) delayed a decision on the issue Monday, causing both sides to claim victory. But the EPA’s position, despite the delay, seems to be favoring the ethanol industry.
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EPA Makes Right Decision to Delay Allowing More Ethanol In Gasoline. — Union of Concerned Scientists News Release, December 1, 2009
The Environmental Protection Agency’s decision to postpone approving any increase in the amount of ethanol allowed in gasoline until it can determine its impact “puts science first,” according to the Union of Concerned Scientists (UCS). More ethanol in gasoline could increase tailpipe pollution or damage older vehicles, the group said. Today’s EPA announcement was in response to a petition from Growth Energy, an ethanol industry group, which had asked the agency to increase the amount of ethanol allowed in gasoline from the current level of 10 percent to 15 percent.
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NOI for Proposed Crescent Dunes Solar Energy Project NOI. — Department of the Interior, Bureau of Land Management, Federal Register, November 26, 2009
In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management (BLM), Battle Mountain District Office, Tonopah Field Office, Nevada intends to prepare an environmental impact statement (EIS) for the Crescent Dunes Solar Energy Project located on public lands in Nye County, Nevada.
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NOI for Proposed Chevron Energy Solutions/Solar Millennium Solar Power Projects. — Department of the Interior, Bureau of Land Management, Federal Register, November 26, 2009
In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Federal Land Policy and Management Act of 1976, as amended, and the California Environmental Quality Act (CEQA), the Bureau of Land Management (BLM) Palm Springs South Coast Field Office, Palm Springs, California, together with the California Energy Commission (CEC), intend to prepare two Environmental Impact Statements (EIS)/Staff Assessments (SAs), which may include an amendment to the California Desert Conservation Area (CDCA) Plan (1980, as amended) and by this notice are announcing the beginning of the scoping process to solicit public comments and identify issues.
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EPA Will Test Hundreds in Lawrence Co. — WAAY TV, December 2, 2009
A surprising announcement at a community meeting in Moulton last night. The Environmental Protection Agency wants to test about 200 Lawrence County residents for exposure to perfluorinated chemicals, or PFC’s. The EPA says the chemicals have made their way into some ground water at a few privately owned wells. The chemical comes from wastewater sludge that Decatur Utilities has been giving to farmers to use as fertilizer for the last three decades.
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Federal agency says prairie dogs not endangered. — Matthew Brown, The Associated Press, December 3, 2009
Black-tailed prairie dogs were denied protection under the Endangered Species Act on Wednesday after federal officials concluded the once prevalent species shows signs of rebounding. Decades of poisoning, shootings, the plague and loss of habitat to agriculture are blamed for a dramatic drop in prairie dog numbers since the early 1900s, from roughly one billion animals to an estimated 24 million today.
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BLM to open lease sale for 3,322 acres east of Salton Sea/ Imperial County. — Think GeoEnergy News, December 4, 2009
The U.S. Bureau of Land Management (BLM) announced it will make 3,322 acres of BLM-managed lands on the east side of the Salton Sea in Imperial County, Calif. open for geothermal leasing and has already received 2 applications.
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DEIS for Clear Creek Released for Comment. — Bureau of Land Management, Federal Register, December 4, 2009
In accordance with the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan and Draft Environmental Impact Statement (RMP/EIS) for the Clear Creek Management Area (CCMA), and by this notice, announces the opening of the public comment period.
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Comments sought on Spooner forest project. — Lake Tahoe News, December 4, 2009
The U.S. Forest Service, Lake Tahoe Basin Management Unit is providing a second opportunity for the public to comment on the Spooner Hazardous Fuels Reduction and Healthy Forest Restoration Project. The comment period is open though Dec. 17. The Spooner project is located on the eastern side of the Lake Tahoe Basin along both sides of portions of highways 50 and 28 between Logan House Creek-Lincoln Park to the south and Sand Harbor State Recreation Area to the north. This project is in portions of Washoe County, Douglas County and Carson County.
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STATE & FEDERAL ENVIRONMENTAL LEGISLATION

Lawmakers’ dilemma: Raise ADEQ fees or risk EPA intervention. — Jeremy Duda, Az Capitol Times, November 30, 2009
Policymakers in Arizona may have to choose between two undesirable options – greater environmental fees for businesses or greater federal intervention in local affairs. Officials from the U.S. Environmental Protection Agency are considering taking more control of some state-run Superfund cleanup projects and perhaps asserting more influence over enforcement efforts that are handled by the state.
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Water cleanup bill in delicate dance with mining law reform. — Katie Redding, The Colorado Independent, November 30, 2009
Just outside of Central City in Colorado’s Gilpin County, the historic Perigo gold mine drains metal-laden water at an average of 70 gallons per minute into a small perennial stream known as Gamble Gulch. Below the mine for six miles, the gulch is virtually devoid of life, according to the Colorado Division of Reclamation, Mining and Safety. A design for a proposed cleanup project has been completed, but the state won’t bid it out because officials worry that if it does, it open itself up, in perpetuity, to a lawsuit under the Clean Water Act. Poisoned Gamble Gulch — and likewise toxic waterways around the state and country — are at the center of a legislative tug of war.
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Greenhouse legislation sparks protest in the Loop. — Cynthia Dizikes, Chicago Tribune, November 30, 2009
Marking the 10th anniversary of the World Trade Organization protests in Seattle, a group of about 100 activists took to the streets in the Loop this morning to rally against “cap-and-trade” legislation, arguing it would do too little to curb greenhouse emissions. As the group reached LaSalle and Adams streets, in front of the Chicago Climate Exchange, about a dozen protesters laid down in the street. Chicago police officers picked them up and put them in a squadrol. Other officers moved other activists off the street.
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Industrial groups warn over US climate law. — Hal Weitzman, Financial Times, November 30, 2009
Industrial companies operating in the US are warning that they will face a heavy regulatory burden should US Congress fail to pass climate change legislation. The companies fear that without legislation, the US Environmental Protection Agency would impose its own rules on greenhouse-gas emissions or states would introduce different carbon pollution regimes.
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Legislation with teeth offers hope for bay. — Parris N. Glendening, The Baltimore Sun, December 1, 2009
The Chesapeake Bay may be a beloved resource, but we have cruelly mistreated the object of our affections. After many years of knowing how urgently we must protect it, the bay is still far from the clean, vital, vibrant watershed it should be. Its poor health reflects a failure by all of us over decades. By relying on a “voluntary” approach in our cleanup efforts, we are nowhere near the goals that were set to restore this national treasure, and nowhere near a healthy bay.
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Policy Options for Reducing Greenhouse Gas Emissions. — U.S. Senate Committee on Energy & Natural Resources Press Release, December 2, 2009
“Today the committee will hear testimony on policy options for reducing greenhouse gas emissions. Over the last two months, the committee has held several hearings on global climate change policy, most of which specifically investigated the impacts of cap-and-trade programs on the energy sector and consumers. “These hearings, I think, have been a useful in educating Members of the committee and to engage in a dialogue about the important components of sound climate policy. “In many of the hearings, we have heard a number of alternative policies to reducing greenhouse gas emissions mentioned that have been cited as either more, or less, desirable than cap-and-trade.
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Boxer Opening Statement: EPW Hearing on Toxic Substances Control Act. — U.S. Senate Committee on Environment & Public Works Press Release, December 2, 2009
When President Ford signed the Toxic Substances Control Act, TSCA in 1976, the law was supposed to help assure that toxic chemicals would be restricted or banned if they were hazardous. However, more than three decades later, TSCA has not lived up to that promise. Court decisions and poor implementation have severely weakened the Act’s effectiveness over the years, and TSCA does not include sufficient protections for pregnant women, infants, children and others who are particularly vulnerable to chemical exposures. In March 2009, the Government Accountability Office put EPA’s chemical management program on GAO’s list of “high risk” programs.
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Statement of Lisa P. Jackson Administrator, U.S. Environmental Protection Agency Legislative Hearing on the Toxic Substances Control Act (TSCA) Senate Committee on Environment and Public Works December 2, 2009. — EPA News Release, December 2, 2009
Chairman Lautenberg, Chairman Boxer, Ranking Member Inhofe and other members of the committee, thank you for the opportunity to speak about how we can improve our framework for assessing and managing chemical risks. Understandably, the public is turning to government for assurance that chemicals that are ubiquitous in our economy, our environment and our bodies have been assessed using the best available science, and that unacceptable risks have been eliminated. But, under existing law, we cannot give that assurance. Restoring confidence in our chemical management system is a top priority for me, and a top environmental priority for the Obama Administration.
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Chemical Regulation: Observations on Improving the Toxic Substances Control Act. — John Stephenson, Government Accountability Office, December 2, 2009
EPA lacks adequate scientific information on the toxicity of many chemicals. One major reason is that TSCA generally places the burden of obtaining data about existing chemicals on EPA rather than on chemical companies. For example, the act requires EPA to demonstrate certain health or environmental risks before it can require companies to further test their chemicals. As a result, EPA does not routinely assess the risks of the over 83,000 chemicals already in use. Moreover, TSCA does not require chemical companies to test the approximately 700 new chemicals introduced into commerce each year for toxicity, and companies generally do not voluntarily perform such testing.
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Schwarzenegger Releases Unique Comprehensive Climate Adaptation Strategy. — News Blaze, December 3, 2009
Governor Arnold Schwarzenegger today released California’s Climate Adaptation Strategy (CAS) final report, a first-of-its-kind comprehensive, multi-sector analysis that will enhance the state’s management of climate impacts from sea level rise, increased temperatures, shifting precipitation and extreme natural events, as ordered by Executive Order S-13-08. The Governor also took action on two of the recommendations in the report today by announcing the creation of the Climate Adaptation Advisory Panel and announcing a new Google Earth-based application, Cal-Adapt, that will allow Californians to see the risks of climate change impacts in their communities.
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Kerry Introduces Legislation To Address Security Risks Of Climate Change. — RTT News, December 3, 2009
Senate Foreign Relations Committee Chairman John Kerry, D-Mass., unveiled legislation Thursday intended to addresses the global security risks of climate change. Kerry said the International Climate Change Investment Act of 2009 would also promote U.S. economic leadership and competitiveness by enhancing demand for American clean energy products. In addition, the legislation supports a global agreement at the United Nations Framework Convention on Climate Change negotiations in Copenhagen, Denmark.
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Subcommittee Focuses on Climate Change Bill. — Michigan Farmer, December 3, 2009
The House Agriculture Committee’s Subcommittee on Conservation, Credit, Energy, and Research held a hearing Wednesday to review economic analyses of the potential economic impacts of climate change on the farm sector. Subcommittee chairman Tim Holden, D-Penn., says it is clear there is still a lot of uncertainty with some of the modeling assumptions and data used to estimate the potential impact of climate change and climate change legislation on agriculture. Holden concluded that additional questions must be asked and answered before drawing any definitive conclusions.
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Maryland Farmers Could Get $85M Annually. — The Baynet.com, December 4, 2009
A new analysis of the nutrient trading program contained in the proposed federal Chesapeake Clean Water Act has determined that Maryland farmers could be paid as much as $85 million annually to reduce nitrogen pollution, creating jobs and bolstering the agricultural economy. The analysis by the World Resources Institute (WRI), an international leader in market based environmental programs, found that water quality trading could potentially double conservation funding compared to what is currently available in the federal Farm Bill.
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OTHER ENVIRONMENTAL NEWS

Air

Memphis airport accused of pollution violations. — Tom Charlier, The Commercial Appeal, December 1, 2009
From the exhaust of baggage tractors to the vapors from de-icing operations, Memphis International Airport annually generates thousands of tons of air pollution for which it never received proper regulatory approval, an Ohio man claims. Pram Nguyen, a Cleveland resident who has filed legal actions against several other major airports across the nation, sent a letter to Memphis airport officials and local elected leaders outlining what he says are violations of the federal Clean Air Act. If the violations aren’t remedied, the letter states, Nguyen will file suit, potentially subjecting the Memphis and Shelby County Airport Authority to “substantial fines and penalties.”
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2 More Utilities Retiring Aging Coal Plants in Wake of Health Report. — Mara MacKinnon, Solve Climate, December 3, 2009
Two of the nation’s biggest power providers, Exelon and Progress Energy, announced plans this week to retire more than a dozen of their aging coal-fired power plants. While the decisions were based on economics, they ultimately will have an impact on human health. In North Carolina, Progress Energy, under pressure from the state to upgrade its emissions scrubbing equipment, announced Tuesday that it would close 11 coal-fired units by the end of 2017 and shift to cleaner-burning natural gas. The targeted units represent nearly 30 percent of the company’s statewide coal fleet.
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Air tests at natural gas drilling sites fuel concerns in North Texas. — Jeff Mosier, The Dallas Morning News, December 4, 2009
Anxiety about the risks of natural gas drilling has stayed mostly below the surface in North Texas. Critics feared everything from polluted groundwater in the Barnett Shale to high-pressure gas lines beneath their front yards. Now the biggest concern – at least the one that governments are watching closely – is in the air. Tests showing high concentrations of benzene and other toxic chemicals in air near drill sites and related facilities have brought a new focus on the natural gas industry and public health. Cities, counties and the state’s environmental agency are anxiously awaiting an analysis of regional testing and any potential action that could follow.
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Newark residents say garbage incinerator poses health risks. — Brian T. Murray, The Star Ledger, December 5, 2009
The garbage incinerator operating in the industrialized Ironbound section of Newark for 18 years, the largest of New Jersey’s five government trash burners, advertises itself these days as a soldier in the war against global warming. It’s a source of “renewable energy,” generating electricity for 50,000 households by burning nearly 1 million tons of trash each year at the Raymond Boulevard site, according Covanta Energy, the corporate operator.
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Water

Group accuses Va. fish plant of polluting bay. — The Associated Press, November 30, 2009
Virginia and federal regulators are investigating allegations that the nation’s top menhaden processor has been dumping oxygen-choking fish waste into the Chesapeake Bay. The Southern Environmental Law Center accuses Omega Protein Corp. of routine discharges comparable to a large wastewater-treatment plant. Excessive nutrients, including nitrogen and phosphorus, create “dead zones” that kill blue crabs and other marine life.
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Minnesota Clean Water Action introduces Ripple Effects campaign. — Michelle Alimordi, Twin Cities Daily Planet, December 1, 2009
“Pesticides are everywhere…most people do not even know that -cide means ‘to kill,’” said Becky Sheets of Staples, Minnesota. Sheets shared her story as part of Minnesota Clean Water Action’s newly launched Ripple Effects campaign. Sheets explained how she developed chemically-induced asthma from exposure to three types of pesticides while working for a research center for crop production. Her exposure came mainly from crop dusting, a common practice in the many agricultural towns of Minnesota.
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Crews cleaning Prudhoe Bay oil spill estimated at 3/4 acre. — James Halpin, Anchorage Daily News, December 1, 2009
Cleanup efforts continued Tuesday on a three-quarter-acre area of tundra affected by a spill of oil and water near BP’s Lisburne Processing Center on the North Slope. More than half of the affected area was coated by a sprayed mist from an 18-inch flow line, a pipeline that carries raw oil, water and gas to the center for separation, according to officials with BP Exploration (Alaska) Inc., the company that runs most North Slope oil fields.
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BP dealing with 2 Alaska spills. — UPI, December 4, 2009
BP reported a second pipeline leak while battling an earlier oil spill on the North Slope in Alaska, officials said Thursday. The new spill, which was discovered and reported Wednesday, came from a 6-inch pipeline carrying what is known as produced water, which is pumped from wells and separated from the crude oil, the Anchorage Daily News reported. BP said about 7,000 gallons spilled, with much of it trapped in a building.
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Clean water won’t hurt economy. — Tampa Bay Online, December 3, 2009
State Agriculture Secretary Charles Bronson and other opponents of a federal plan to decrease the pollution of Florida’s rivers, lakes and bays say the restrictions would generate billions of dollars of costs for businesses and local governments. They want Florida’s congressional delegation to curb the U.S. Environmental Protection Agency’s efforts to limit nutrient pollution. But the delegation, rather than heeding Bronson’s scare tactics, should recognize nutrients are the leading cause of water pollution in Florida. Existing rules are inadequate.
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Loopholes polluting Illinois waters. — Kennedy Eilliott & Joe Piaskowy, Medill Reports Chicago, December 3, 2009
It has all the makings of a best-selling novel. A rural county polarized. A heated trial against a mega dairy farm owner. A small group of community members fighting a multi-million dollar company. Threats of big business possibly polluting the water supply. Even the name of the defendant – the mega dairy owner – is pronounced “boss.” This real-life drama is playing out in the rolling hills of Jo Daviess County in Northwest Illinois. The small towns of Warren, Nora and Stockton are split in a battle over the development of a mega dairy only miles away from residential homes and farm land.
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Feds are now the real enemy in Appalachian coal wars. — Dorothy Kosich, Mineweb, December 4, 2009
Notwithstanding, the protestors who chain themselves to mining equipment or the Hollywood types arrested during demonstrations, in the on-going coal wars in Appalachia, mining attorney Robert McCluskey says “The enemy has kind of shifted from the anti-mining groups to the [federal] government.” During a presentation to the Northwest Mining Association meeting in Reno, McCluskey noted the EPA is threatening to veto Clean Water Section 404 permits that had already been approved and issued to coal mining operations by the U.S. Army Corps of Engineers. Meanwhile, what McCluskey called a “significant fight” is now brewing between state and federal governments as to who makes and implements Section 404 standards regulating coal mining operations. In Appalachia, waste material from coal surface mining operations is deposited or discharged into U.S. waters.
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Drainage from mines threat to all streams. — Observer-Reporter, December 4,, 2009
An article in yesterday’s newspaper reported that the Environmental Protection Agency has confirmed earlier findings that toxins created by a bloom of golden algae were responsible for the massive fish kill in Dunkard Creek in September. The state Department of Environmental Protection had come to the same conclusion. That the algae that is fatal to fish and other gill-breathing organisms is the cause is not in question. Nor is it unknown what caused the algae to bloom: elevated levels of total dissolved solids and chloride, a component of TDS, which created favorable conditions for the algae to grow and produce toxins. And the EPA has concluded that the TDS and chloride came from mine drainage, most likely from the Consol Blacksville No. 2 Mine. What is not known is how such high levels of TDS and chloride got into drainage for the mines.
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Climate Change

Indian officials dismiss Danish climate proposal. — Muneeza Naqvi, The Associated Press, November 30, 2009
Top Indian officials dismissed a draft climate change proposal by Denmark that expects developing economies to peak their greenhouse gas emissions by 2025, news reports said Monday. The draft document was circulated to a few countries ahead of the Dec. 7-18 summit in Copenhagen, which is supposed to draw up an agreement for controlling emissions of carbon dioxide and other gases causing global warming.
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CLIMATE CHANGE: Commonwealth Champions Adaptation Fund. — Peter Richards, IPS News, November 30, 2009
South African President Jacob Zuma admits that before to coming to Trinidad for the bi-annual Commonwealth Heads of Government Meeting (CHOGM), he met with its secretary general, Kamalesh Sharma, to discuss the relevance of the grouping in today’s evolving global power structure. But at the end of their three-day meeting on Sunday, Zuma said, “I think some of my questions have been answered,” noting that the manner in which the summit dealt with the issue of climate change “indicates we are dealing with a CHOGM of today”.  The Port of Spain Climate Change Consensus that Commonwealth leaders adopted was reached at the end of a special meeting also attended by French President Nicolas Sarkozy, U.N. Secretary-General Ban Ki-moon and Danish Prime Minister Lars Lokke Rasmussen.
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Holland-Bartels: Pioneering new climate-change policies. — Partnership for Public Service, The Washington Post, November 30, 2009
For Leslie Holland-Bartels of the U.S. Geological Survey (USGS), the inclusion of Alaska’s polar bears as a threatened species under the Endangered Species Act was a great accomplishment. But the 2008 federal designation also signaled much more — the broader scientific linkage between global warming and significant changes to wildlife, critical ecosystems and biodiversity.
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Carbon dioxide not the only climate enemy: UCSD scientists focusing on others. — Mike Lee, Sign On San Diego, November 29, 2009
When it comes to climate change, carbon dioxide is seen by many as the biggest villain and the main target of a much-anticipated meeting next month in Copenhagen to fashion an international strategy on global warming. But two high-powered scientists at the University of California San Diego and their colleagues are trying to focus attention on a handful of other climate enemies that lurk in the shadows. By quickly arresting soot, methane, low-level ozone and hydrofluorocarbons, the researchers said the world can delay climate change by roughly 40 years — enough time to significantly trim emissions of carbon dioxide.
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Copenhagen’s missing ingredient: water. — James G Workman, Los Angeles Times, November 30, 2009
Climate change conjures up factory smoke, corn ethanol, cap-and-trade, hybrid cars. It also evokes Al Gore, drowning polar bears, African famine and Hurricane Katrina. All these triggers and the issues they invoke, backed by mounting evidence of irreversible risks to humankind, will converge next week in Copenhagen. Our collective political will may yet secure the Earth’s equilibrium through an overarching deal — though short of a treaty — by the end of the U.N. climate-change conference there. Or it could all come unglued. Delegates from around the world chosen to decide our fate have deliberately removed the one element that can tip the scales.
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The Climate Science Isn’t Settled. — Richard S. Lindzen, The Wall Street Journal, December 1, 2009
Is there a reason to be alarmed by the prospect of global warming? Consider that the measurement used, the globally averaged temperature anomaly (GATA), is always changing. Sometimes it goes up, sometimes down, and occasionally—such as for the last dozen years or so—it does little that can be discerned. Claims that climate change is accelerating are bizarre. There is general support for the assertion that GATA has increased about 1.5 degrees Fahrenheit since the middle of the 19th century. The quality of the data is poor, though, and because the changes are small, it is easy to nudge such data a few tenths of a degree in any direction. Several of the emails from the University of East Anglia’s Climate Research Unit (CRU) that have caused such a public ruckus dealt with how to do this so as to maximize apparent changes.
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Moves by U.S., China induce India to do its bit on climate. — Rama Lakshmi, The Washington Post, December 2, 2009
Recent announcements by the United States and China to cut carbon dioxide emissions are propelling India to make its own commitment to slow greenhouse gas emissions and go to the upcoming Copenhagen climate summit with a firm proposal on reductions. The move marks a significant shift for India, which until recently had insisted that wealthier nations should bear the brunt of carbon cuts rather than emerging nations, whose economies are less developed.
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U.S. Proposes Climate Fund for Poor Nations. — Lisa Friedman, Climatewire in The New york Times, December 2, 2009
The United States has proposed a new global fund that would direct billions of dollars to help poor countries prepare for climate disasters and adjust to low-carbon economies. The fund would likely operate under the World Bank, U.S. Treasury officials said, and would be the main vehicle to deliver emissions reduction and adaptation measures throughout the world.
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California Dams to Feel Impact of Climate Change. — John Collins Rudolf, The New York Times, December 2, 2009
California’s high-elevation dams could generate considerably less power over the next 40 years as a result of rising temperatures associated with climate change, according to a recent study by researchers at the University of California, Davis. Under a warmer, drier climate projected in computer models, hydroelectric dams above 1,000 feet  in elevation in the state would produce about 20 percent less power by 2050, the researchers found. Under this climate scenario, electricity production would also occur earlier in the year, when demand for power is lower.
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EPA Commends Corporate Leaders for Major Greenhouse Gas Reductions. — EPA News Release, December 2, 2009
EPA is recognizing eight companies for achieving significant goals to reduce greenhouse gas (GHG) emissions through the agency’s Climate Leaders program. Twenty-seven companies are also being commended for announcing aggressive GHG reduction goals. Combined, the Climate Leaders companies are reducing greenhouse gas emissions by approximately 50 million metric tons of carbon dioxide equivalents per year. “EPA’s Climate Leaders are sending a clear message that the choice between our economy and our environment is a false choice,” said EPA Administrator Lisa P. Jackson. “They’re doing their part in the fight against climate change and giving consumers the power to support environmentally responsible choices. That leads to a better bottom line and a brighter future for everyone.”
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Google Earth explores climate risks to California. — The Associated Press, December 2, 2009
Google Inc. is launching a new feature to let Californians explore the risks to their communities from climate change. Google unveiled the new interactive tool in San Francisco on Wednesday as part of a climate change press conference held by Gov. Arnold Schwarzenegger. The state is partnering with Google on the new venture. It was one of the recommendations in a report released Wednesday detailing how California should prepare for rising sea levels, hotter weather and water shortages. Google chief executive Eric Schmidt says the feature, called CalAdapt, will let Internet users see the irreversible affect of climate change facing California before they happen.
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The Science and Politics of Climate Change. — Mike Hulme, The Wall Street Journal, December 2, 2009
I am a climate scientist who worked in the Climatic Research Unit (CRU) at the University of East Anglia in the 1990s. I have been reflecting on the bigger lessons to be learned from the stolen emails, some of which were mine. One thing the episode has made clear is that it has become difficult to disentangle political arguments about climate policies from scientific arguments about the evidence for man-made climate change and the confidence placed in predictions of future change. The quality of both political debate and scientific practice suffers as a consequence.
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Rising Partisanship Sharply Erodes U.S. Public’s Belief in Global Warming. — Nathanial Gronewald and Crista Marshall, Climatewire in The New York Times, December 3, 2009
On the eve of major international climate change negotiations in Copenhagen, belief in global warming in the United States has slipped to the lowest point in 12 years of measuring, according to a poll from New York-based Harris Interactive Inc. As U.S. negotiators fly to the Danish capital to forge a political agreement based on President Obama’s proposal to cut U.S. greenhouse gas emissions by about 17 percent, most of the American public doesn’t know what the talks are about, according to the Harris survey.
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China backs India’s stand on climate change. — Indian Express, December 3, 2009
Ahead of the Copenhagen meet, China on Thursday backed India’s stand that developing nations have no obligation to binding emission reduction targets and said it is ready to enhance “cooperation and coordination” between the two countries, which it termed as “victims” of climate change. “We understand the current situation in India. We should take adaptation and mitigation measures based on our national conditions and capacity,” Chinese Foreign Ministry spokesman Qin Gang told reporters here. He said China is ready to strengthen “communication, coordination and cooperation” with India on climate change.
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Setting A Higher Bar For Climate Change. — Michael Dell, Forbes, December 3, 2009
Next week, world leaders will meet at the UN-led climate conference in Copenhagen, where their goal is to agree on global greenhouse gas reduction targets. The responsibility to mitigate climate change, however, does not fall solely to the Copenhagen delegation. Solving the global climate crisis starts with us–the world’s businesses and organizations. The scientific community has reported that by 2050, global emissions must be reduced by 50 to 85% from 2000 levels to bring greenhouse gas emissions to acceptable levels. While these conclusions are not the last word, they do contribute to the framework our leaders in Copenhagen will consider for building a broad policy consensus. These are aggressive targets that require action from us all.
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Top climate change expert hopes science got it wrong. — Erik Kirschbaum, Reuters, December 3, 2009
Germany’s top climate researcher says he hopes he and his fellow scientists around the world have got it all wrong about global warming. Hans Joachim Schellnhuber, head of the Potsdam Institute for Climate Impact Research, told Reuters he gets no pleasure at all in being a prophet of doom and hopes he and his colleagues have overlooked effects that could still arrest climate change. “It would be wonderful if some mechanism that we haven’t yet been able to understand could still have an impact and manage to stabilize global warming at a high level for a while,” he said in an interview in his institute’s office outside Berlin.
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British university to probe climate-data allegations. — USA Today, December 3, 2009
The British university at the heart of the “Climategate” storm announced today that it will investigate whether scientists manipulated data on global warming to suppress contrary findings. Last month a hacker posted documents and e-mails between leading climatologists that were stolen from a University of East Anglia server. Skeptics contend the correspondences show a conspiracy among scientists to hide research that undercuts the general consensus that climate change is primarily man-made and not natural. Proponents counter that the e-mails have been taken out of context, do not support the skeptics’ claims and are an attempt to sabotage the U.N. climate summit in Copenhagen next week .
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Nepalese Government Holds Meeting Near Mount Everest. — Dave McCombs, Bloomberg.com, December 4, 2009
Nepal’s Cabinet issued a declaration on climate change after an outdoor meeting in the shadow of Mount Everest, in a region where shrinking glaciers threaten rivers essential to development in China, India and Pakistan. Prime Minister Madhav Kumar Nepal delivered the statement after he and more than 20 ministers, officials, journalists, and technicians returned by helicopter, according to Nepalnews.com. The group brought oxygen masks and a team of six doctors for the 20-minute meeting on the Kalapatthar plateau, 5,240 meters (17,192 feet) above sea level.
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Recession Takes a Bite Out of U.S. GHG Emissions. — Kirsten Korosec, BNET Energy Blog, December 3, 2009
The 2008 greenhouse gas emissions report from the Energy Department provides further fodder to the power of a recession. Total U.S. greenhouse gas emissions in 2008 fell by 2.2 percent from 2007 to 7.053 billion metric tons, according to a U.S. Energy Information Administration report released Thursday afternoon. That’s a remarkable change from what has been occurring in the United States for nearly two decades. Total GHG emissions grew at an average annual rate of 0.7 percent every year since 1990. That is until 2008 came along.
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Penn St. prof. welcomes climate change scrutiny. — Genaro Armas, The Associated Press, December 3, 2009
A Penn State professor and climate researcher said he welcomes scrutiny into leaked e-mails at the center of an international controversy over what’s causing global warming after the university said it would look into the issue. Hackers breached servers at a climate change research center in London two weeks ago, stealing thousands of e-mails and other documents and posting them on the Internet. The correspondence covered more than a decade of communication between leading British and U.S. scientists, including Penn State meteorology professor Michael Mann. His research has been a target of criticism for years from skeptics of man-made global warming theories.
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United Nations to probe climate e-mail leak. — Rapheal G. Satter, The Associated Press, December 4, 2009
The United Nations will conduct its own investigation into e-mails leaked from a leading British climate science center in addition to the probe by the University of East Anglia, a senior U.N. climate official said in comments broadcast Friday. E-mails stolen from the climate unit at the University of East Anglia appeared to show some of world’s leading scientists discussing ways to shield data from public scrutiny and suppress others’ work. Those who deny the influence of man-made climate change have seized on the correspondence to argue that scientists have been conspiring to hide evidence about global warming.
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Global warming may require higher dams, stilts. — Seth Borenstein, The Associated Press, December 4, 2009
With the world losing the battle against global warming so far, experts are warning that humans need to follow nature’s example: Adapt or die. That means elevating buildings, making taller and stronger dams and seawalls, rerouting water systems, restricting certain developments, changing farming practices and ultimately moving people, plants and animals out of harm’s way. Adapting to rising seas and higher temperatures is expected to be a big topic at the U.N. climate-change talks in Copenhagen next week, along with the projected cost — hundreds of billions of dollars, much of it going to countries that cannot afford it.
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Nepal’s Everest message on climate change. — Euronews, December 4, 2009
Nepal’s cabinet has taken an unusual step in meeting outdoors amid the frigid thin air of Mount Everest to highlight the dangers of climate change. The prime minister and more than 20 ministers flew in by helicopter to Everest’s base camp; more than 5,000 metres above sea level. Coming just days before global climate talks start in Copenhagen, the Nepalese government billed the event as the world’s highest cabinet meeting, so topping the agenda was the serious impact of climate change. Nepal is already experiencing erratic rains, longer dry spells, melting glaciers and unprecedented forest fires, according to experts. Many scientists say the Himalayan glaciers are melting at an alarming rate, creating lakes with walls that could burst and flood villages below. The meeting follows that of the Maldives, which held the world’s first underwater cabinet meeting in October to underline how rising sea levels threaten the Indian Ocean’s archipelago’s existence.
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The Tragedy of the Himalayas. — Bryan Walsh, Time, December 4, 2009
The road to Khardung La begins in the Indian town of Leh on the northwestern fringe of the Himalayas. Exhaust-spewing army trucks rattle up the side of dry rock, past Buddhist monasteries clinging to the craggy mountainside and alongside small farms barely scraping fertility from the earth. Khardung La, the highest motorable mountain pass in the world, is more than 18,000 ft. above sea level, the air so thin that just standing there a few minutes leaves you feeling as if your head might lift off like a balloon. But if 65-year-old Syed Iqbal Hasnain is bothered by the altitude, he isn’t showing it. The Indian glaciologist hops lightly from a car and walks to the edge of the pass, beneath fluttering Buddhist prayer flags. The rock is dusted with early winter snow, and there might not be much more this season or next, he says.
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Leading Climate Change Scientist: ‘Cap and trade won’t work’. — Jack P, Before It’s News, December 4, 2009
A leading global warming scientist, James Hansen, made recent statements on Friday that he hopes the Copenhagen summit will fail, according to a Washingtonsblog posting: He is vehemently opposed to the carbon market schemes – in which permits to pollute are bought and sold – which are seen by the EU and other governments as the most efficient way to cut emissions and move to a new clean energy economy. Hanson, who was quoted in he Guardian, said: “I would rather it not happen if people accept that as being the right track because it’s a disaster track,” said Hansen, who heads the Nasa Goddard Institute for Space Studies in New York.”
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Obama switches climate change visit to end of summit. — BBC News, December 4, 2009
US President Barack Obama has changed his plans to attend the UN summit on climate change in Copenhagen next week, the White House has announced. He will arrive later than initially planned, moving his appearance from 9 December to 18 December
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The Copenhagen Communiqué on Climate Change. — Newsweek, December 5, 2009
This communiqué calls for an ambitious, robust, and equitable global deal on climate change that responds credibly to the scale and urgency of the crises facing the world today. Economic development will not be sustained in the long term unless the climate is stabilized. It is critical that we exit this recession in a way that lays the foundation for low-carbon growth and avoids locking us into a high-carbon future. These are difficult and challenging times for the international business community, and a poor outcome from Copenhagen will only make them more so, by creating uncertainty and undermining confidence.
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Dutch defense against climate change: Adapt. — Anthony Faiola and Juliet Eilperin, The Washington Post, December 6, 2009
With the Copenhagen summit starting Monday, chances remain uncertain for a historic breakthrough in the fight to prevent climate change, but the Netherlands is leading a fight of a different kind: How to live with global warming. As sea levels swell and storms intensify, the Dutch are spending billions of euros on “floating communities” that can rise with surging flood waters, on cavernous garages that double as urban floodplains and on re-engineering parts of a coastline as long as North Carolina’s. The government is engaging in “selective relocation” of farmers from flood-prone areas and expanding rivers and canals to contain anticipated swells.
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Other

Asheville-based protesters lock themselves to generator near Greenville, SC. — John Boyle, Asheville Citizen-Times, November 30, 2009
Four protesters from Asheville were arrested this morning in South Carolina, including two who locked themselves to a 1.5-million pound generator headed for the Cliffside coal-fired plant site in Rutherford County. Those arrested were Julia Allen Page, Paul Webb Loomis, Catherine Ann MacDougal, and Rachel Anne Scarano, according to Rising Tide North American, an environmental advocacy group. The protesters had vowed to prevent the generator, which has been traveling across South Carolina, from reaching the coal-fired Duke Energy plant, according to a press release from Rising Tide. The groups Asheville Rising Tide and Croatan Earth First! organized the protest, part of a national day of action with dozens of protests nationwide.
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Turning corn stubble into biochar. — Farm Progress, Stock & Land, November 30, 2009
Researchers around the world are trying to economically convert cellulosic biomass such as corn stover into “cellulosic ethanol.” But Agricultural Research Service scientists have found that it might be more cost-effective, energy-efficient and environmentally sustainable to use corn stover for generating an energy-rich oil called bio-oil and for making biochar to enrich soils and sequester carbon. The research, under-written by the National Corn Growers Association, suggests it could be more cost-effective to produce bio-oil through a distributed network of small pyrolyzers and then transport the crude bio-oil to central refining plants to make “green gasoline”, rather than transporting bulky stover to a large centralised cellulosic ethanol plant.
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S. Side solar energy plant to power 1,500 homes. — Paul Meincke, ABC7 – Chicago, November 30, 2009
Chicago is home to the largest big-city solar generating plant in the country. The Exelon plant is being built on the South Side. It won’t produce a lot of electricity. But the company says solar energy is an important part of its plans for the future. In an old far South Side industrial site, barren for years, 33,000 solar panels are being set up to follow the arc of the sun, and make electricity.
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US: Paper Mill Is Reborn, Sans Fossil Fuels. — Violet Snow, Inter Press Service, November 29, 2009
A paper mill that runs without fossil fuels and has a neutral carbon footprint? That’s the goal for Flambeau River Papers in Park Falls, Wisconsin, and the company is already on its way, thanks to a switch to biomass fuel, plus a biorefinery in the works. In timber-rich Wisconsin, paper mills have been a major industry since the 1800s. Small mills, suffering from the recession and high energy costs, are now shutting down, creating economic devastation for towns like Park Falls, where the mill provided jobs for 310 people in a town of about 3,000.
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California Companies Lauded for Taking Innovative Measures to Reduce Pesticide Risk. — EPA News Release, December 1, 2009
The U.S. Environmental Protection Agency has presented awards to five members of the Pesticide Environmental Stewardship Program (PESP) for their sustained excellence in integrated pest management (IPM). “These awards demonstrate that innovative pest management practices really do work,” said Steve Owens, assistant administrator for the Office of Prevention, Pesticides, and Toxic Substances, “EPA is helping growers and other pesticide users make the transition to safer practices and thereby reduce pesticide risk to people and the environment.”
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P4 Production, LLC, Begins Comprehensive Mine Cleanup Planning in Southeast Idaho. — EPA News Release, December 1, 2009
P4 Production LLC, a southeast Idaho phosphate mining company, has reached agreement with five federal and state agencies, as well as the Shoshone-Bannock Tribes, to develop comprehensive cleanup plans for three phosphate mines near Soda Springs, Idaho. The agreement requires P4 Production (a subsidiary of the Monsanto Company) to complete remedial investigations and feasibility studies for the Ballard, Henry, and Enoch Valley mines. The Ballard Mine was operated from 1951 to 1969, the Henry Mine was operated from 1969 to 1989, and Enoch Valley Mine was operated from 1989 until recently. They are all currently inactive.
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Progress Energy to shut down Wilmington’s Sutton Plant in 2014. — McClatchy Tribune Information Services, December 1, 2009
Progress Energy

said Tuesday it intends to shut down Wilmington’s L.V. Sutton Plant along with three other coal-fired plants that do not have scrubbers to control emissions The utility also said it plans to replace the coal-fired facility here with one fired by natural gas on the same site. Progress Energy Carolinas, the Raleigh-based utility’s operating unit in North and South Carolina, outlined its plan to close four power plants capable of generating nearly 1,500 megawatts of electricity in a report to the N.C. Utilities Commission.
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BCC opposes mining ban; demands coordination. — Scott Jorgensen, Illinois Valley News, December 2, 2009
Some Oregon officials have called for action to prohibit mining in the Siskiyou Wild Rivers area, but the Josephine County Board of Commissioners will not be among them. During a Tuesday, Nov. 24 administrative meeting in the commission conference room at the courthouse in Grants Pass, the board voted 2-1, with Commissioner Dave Toler voting against the move, to send a letter expressing opposition to the proposed withdrawal.
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New Policy on Lobbyists Could Spur Shake-Up for EPA Advisory Pane. — Robin Bravender, Sara Goodman, and Taryn Luntz, The New York Times, December 4, 2009
A sweeping new White House policy aimed at ousting special interests from federal advisory panels might sweep registered lobbyists off some U.S. EPA advisory panels. The policy could affect more than 20 EPA committees, which include representatives of environmental groups, industry and trade associations, and public health and academic institutions. The committees offer advice on issues ranging from air pollution and drinking water to children’s health and environmental justice. It remains unclear exactly how the White House directive will apply to EPA and which committees will be affected, but many of the registered lobbyists on agency boards may see their memberships terminated once their current appointments end.
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Fish kill called necessary to save the Great Lakes. — Kari Lydersen and Peter Slevin, The Washington Post, December 6, 2009
The poisoned fish began floating to the surface in the cold Illinois dawn, but as scientists and ecologists began hauling their lifeless catch to shore, they found only one carcass of the predator they targeted — the ravenous Asian carp. Never before have Illinois agencies tried to kill so many fish at one time. By the time the poison dissipates in a few days, state officials estimate that 200,000 pounds of fish will be bound for landfills. But they say the stakes — the Great Lakes ecosystem and its healthy fish population — could hardly be higher.
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BLOGS

EPA’s Decision to Delay Its Review of Ethanol Content of Gasoline. — Steven M. Taber, Environmental Law and Climate Change Law Blog, December 1, 2009
In what is considered to be a blow to U.S. corn growers, the EPA today sent a letter to the Gen. Wesley Clark chaired trade association “Growth Energy” indicating that the EPA needed more time to complete tests on how an increase by 5% (from 10% ethanol to 15% ethanol) in ethanol content may damage engines and fuel lines. The good news for Growth Energy, which formally petitioned for the increase, was that the EPA reported that two tests showed that engines in newer cars can handle the higher blend. “The announcement is a strong signal that we are preparing to move to E15,” Growth Energy said in a statement, asserting that the switch would mean 136,000 new jobs.
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Emerging “Middle Stance” In The Climate Change Debate. — Steven M. Taber, Environmental Law and Climate Change Law Blog, December 3, 2009
Two articles appeared yesterday regarding how “Climategate” has given voice to an emerging middle road in the debate of what to do about climate change. The first an op-ed piece by Mike Hulme, a climate professor at East Anglia University in which he argues that cl…imate science has been overtaken by politics. Politics, however, demands certainty, but climate scientists do not know what the risks or the outcomes will be: “Yes, science has clearly revealed that humans are influencing global climate and will continue to do so, but we don’t know the full scale of the risks involved, nor how rapidly they will evolve, nor indeed—with clear insight—the relative roles of all the forcing agents involved at different scales.”
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<!–[if !mso]> <! st1\:*{behavior:url(#ieooui) } –> SETTLEMENTS

Proposed Consent Decree, Clean Air Act Citizen Suit. — Environmental Protection Agency, Federal Register, November 30, 2009
In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Comite Civico Del Valle, Inc. in the United States District Court for the Northern District of California: Comite Civico Del Valle, Inc. v. Jackson, No. C09–04095 PJH (N.D. Cal.). Plaintiff filed a deadline suit to compel the Administrator to take final action under section 110(k) of the Act on Imperial County Air Pollution Control District (ICAPCD) Rules 800 through 806 submitted to the Environmental Protection Agency (EPA) by the California Air Resources Board as revisions to the state implementation plan. The proposed consent decree establishes a deadline for EPA action on ICAPCD Rules 800 through 806.
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Apartment Complex Owner Pays Fine for Failing to Warn Tenants about Lead Paint in Springfield, Mass. — EPA News Release, November 30, 2009
The owner of a 25-unit apartment building in Springfield, Mass. has agreed to pay a fine of $10,000 to settle an EPA enforcement action alleging violations of federal lead-based paint disclosure requirements.
The real estate company, MA No. 2, LLC (MA2), is a Nevada corporation that owns the Parkview Apartments on Federal Street in Springfield. In March 2006, EPA issued a subpoena seeking information regarding lead disclosure at Parkview. The subpoena response provided EPA with information leading to this enforcement case and the underlying allegations that eight lease transactions from 2004 and 2005 by MA2 were in violation of the Lead Disclosure Rule.
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EPA reaches agreement with Sauder on clean-air violations. — EPA News Release, December 1, 2009
U.S. Environmental Protection Agency Region 5 has reached an agreement with Sauder Woodworking Co. on alleged Clean Air Act violations at the company’s cogeneration plant at 820 W. Barre Road, Archbold, Ohio. The agreement, which includes a $79,500 penalty, resolves EPA allegations that, among other things, Sauder violated federal and state regulations by emitting excessive amounts of visible particulates (smoke, dust, ash), nitrogen oxides and volatile organic compounds from its wood-fired boilers.
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Settlement reached with ethanol plant. — Fond Du Lac Reporter, December 1, 2009
A settlement agreement has been reached between an environmental group and an ethanol plant near Oshkosh. Clean Water Action Council of Northeastern Wisconsin (CWAC) maintained that Utica Energy LLC had repeatedly violated the Clean Water Act by discharging zinc, sediment and other pollutants into Sawyer Creek in excess of limits outlined in the company’s DNR-issued wastewater discharge permit. The agreement was filed by CWAC’s legal representatives, Midwest Environmental Advocates (MEA), on Nov. 24 in the U.S. District Court for the Eastern District of Wisconsin
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DECISIONS

EPA cites Bucklen Equipment for damages to the Cache la Poudre River in Greeley. — EPA News Release, December 1, 2009
The U.S. Environmental Protection Agency has reached an agreement with Bucklen Equipment Company, Inc. to resolve alleged violations of the Clean Water Act in Weld County, Colorado. The alleged violations include unauthorized discharges of pollutants to the Cache la Poudre River and its adjacent wetlands within the City of Greeley. Under the consent agreement, the company will pay a penalty of $16,000 and will remove any remaining gravel piles from wetlands along the river.
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Former Harlem water official gets year in prison. — Sandy Hodson, Augusta Chronicle, December 1, 2009
Harlem’s former public works director was sentenced today to 12 months and one day in jail for releasing untreated wastewater and falsifying water quality reports. Although Daniel W. Cason, 66, pleaded guilty to three federal crimes in March, Mr. Cason declared Tuesday, “I am not a criminal.” Violating the Clean Water Act, however, is a federal offense because the American people want clean water and must trust those in charge of water treatment plants to do their jobs faithfully, countered Assistant U.S. Attorney David Stewart.
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Center for Biological Diversity v. Kempthorne: Ninth Circuit Affirms District Court Finding of No Violation of NEPA or Marine Mammals Act. — U.S. Court of Appeals for the Ninth Circuit, December 2, 2009
The Ninth Circuit held that the Department of Interior’s Fish and Wildlife Service did not violate either the Marine Mammals Protection Act or the National Environmental Policy Act when it issued its regulations that allow the incidental “take” of marine animals.
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Barrick Gold to work on mine despite court ruling. — The Associated Press, December 4, 2009
Global mining giant Barrick Gold Corp. will continue work on a massive gold mine project in Nevada even though a U.S. court of appeals ordered more environmental analysis on the mining project, a company spokesman said Friday. Vincent Borg said work will continue on its new $500 million Cortez Hills mine a day after a three-judge panel of the U.S. Court of Appeals for the 9th Circuit granted an injunction to force Barrick Gold to postpone digging a 2,000-foot deep open pit at the mine. The appeals court ruling will be interpreted by a Nevada District Court, which will determine what action, including any suspension of operations, may be required to respond to the decision of the U.S. court of appeals.
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National Union Fire Insurance Company et al. v. Standard Fusee Corporation. — Court of Appeals of Indiana, Leagle, December 3, 2009
Because we find that the pollution exclusion is ambiguous and unenforceable under Kiger and the line of cases following Kiger, we need not address the Insurers’ argument about conversations about pollution claims between SFC and insurance brokers. The pollution exclusion does not relieve the Insurers of their duty to defend SFC.
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Judge: Livingston broke the law.  — Jonah Owen Lamb, Merced Sun-Star, December 5, 2009
Livingston broke state law when it approved its 2025 general plan update and certified the requisite environmental documents, a Merced Superior Court judge has ruled. The ruling decided a nearly year-old lawsuit against the city and ordered Livingston to send its controversial 2025 general plan — which projects the city to grow to roughly 100,000 — back to the drawing board. The lawsuit was filed by the Merced Farm Bureau in December 2008.
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Justices deliver a blow to coal plant. — Judy Fahys, Salt Lake Tribune, December 4, 2009
Two rulings by the Utah Supreme Court are making the company behind a coal-fired power plant proposal wonder if the project still makes sense. The court threw new obstacles Friday in front of the Sevier Power Co. by requiring a substantial updating of its air-pollution permit for a 270-megawatt, $600 million electric generator in Sigurd. The extra work, basically requiring the company to ensure the cleanest possible technology is used, could cost millions and take months, if not years. Justices unanimously backed arguments made by the Utah Chapter of the Sierra Club and two Sevier County retirees, firefighter Jim Kennon and boat-designer Dick Cumiskey, who have led local opposition to the proposed plant and argued their case directly before the justices last year.
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LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

North Carolina Poultry Processing Plant and Manager Indicted for Violations of Clean Water Act. — Department of Justice  News Release, November 30, 2009
A federal grand jury in Greensboro, N.C., returned an indictment today charging a poultry processor and a plant manager with multiple violations of the Clean Water Act for illegally discharging wastewater from its Raeford, N.C., based facility, the Justice Department announced. House of Raeford Farms Inc. and its plant manager, Gregory Steenblock, were both charged with 14 counts of violating the Clean Water Act. House of Raeford is a turkey slaughter and processing facility located in Raeford.
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Indictment: Poultry plant wouldn’t slow wastewater. — Emery P. Dalesio, The Associated Press, December 1, 2009
A poultry plant facing federal charges of discharging water containing untreated turkey waste wouldn’t slow its processes after its output of polluted water overwhelmed its onsite treatment capacity, a federal indictment released Tuesday said. A federal grand jury on Monday indicted House of Raeford Farms and plant manager Gregory Steenblock on 14 counts of violating the federal Clean Water Act. The indictment accuses the company and Steenblock of knowingly bypassing its water treatment system at its Raeford turkey processing plant 14 times between 2005 and 2006. The wastewater was sent directly to the city’s municipal sewage treatment works, the indictment said.
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EPA unhappy with Columbus Steel Castings: Violation of pollution order alleged. — Spencer Hunt, The Columbus Dispatch, December 1, 2009
Columbus Steel Castings has failed to follow through on a court-ordered plan to identify and fix air-pollution problems at its South Side foundry, Ohio Environmental Protection Agency officials said yesterday. The Ohio EPA took the foundry, which makes metal parts for rail cars, to court in June 2008 over air-pollution violations that included excessive smoke and dust at its plant at 2211 Parsons Ave. In April, Franklin County Municipal Judge Harland H. Hale ordered the company to conduct an audit of air-pollution issues and eliminate those problems by Nov. 18.
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Sierra Club appeals gas plant permit. — Tesa Culli, Mt. Vernon Register-News, December 1, 2009
The Sierra Club has filed an appeal to the Illinois Environmental Protection Agency construction permit granted to Power Holdings, Inc., for a synthetic natural gas plant to be built near Waltonville. In late October, the IEPA issued the construction permit for the proposed plant, which is slated for construction on Tomahawk Lane. According to the permit, the facility would use gasification technology to produce pipeline quality natural gas. The plant would utilize coal from Herrin No. 6 creating a “clean synthesis gas which would be further processed by methanation to produce synthetic natural gas, which would be sold to natural gas suppliers,” according to the permit. The IEPA stated under design specifications for the plant, all standards are under compliance.
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Murchison cited for buried waste: `He Didn’t Know Any Better’. — Paul Bryant, The Chandler & Brownsboro Statesman, December 3, 2009
Murchison Mayor Mike Hill told investigators with the Texas Commission on Environmental Quality he didn’t know it was illegal to bury solid waste instead of discarding it at a licensed facility, a state official told the Statesman following a month-long investigation. “He said he didn’t know any better,” Craig Conner said. “That is a typical response for things like that. We cited them, but they were pretty cooperative with us.”  The newspaper on Oct. 5 sent an email to TCEQ’s Tyler office notifying officials there that two Murchison witnesses had reported Hill ordered the burial of scrap metal and other materials at the city’s wastewater treatment plant in July.
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Bahr et al. v. Jackson, U.S.District Court for District of Arizona. — Arizona Center for Law in the Public Interest, Complaint, December 2, 2009
This is an action to compel the United States Environmental Protection Agency and its Administrator (collectively “the Administrator”) to perform nondiscretionary duties under the Clean Air Act (the “Act”). Specifically, the Administrator has a duty to act upon the “MAG 2007 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area,” Maricopa Association of Governments, 2007 (“5% Plan”) which was submitted by the State of Arizona. The Administrator has failed to take action on the 5% Plan as required by 42 U.S.C. §7410(k)(2).
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EPA Blows off Phoenix’s Foul Air, Citizens Say. — Jamie Ross, Courthouse News Services, December 4, 2009
Phoenix residents say the Environmental Protection Agency failed to take action on a state plan to reduce airborne particulates in the Phoenix metro area by 5 percent to meet National Ambient Air Quality Standards. Phoenix was given a “D” grade by the American Lung Association for particulate pollution this spring. Sandra L. Bahr, Diane E. Brown and David Matusow say the health of other Phoenix residents is endangered by breathing air “that is less pure than required” by the Clean Air Act. EPA administrator Lisa Jackson had until June 30 to approve or reject the state’s plan, according to the federal complaint. The EPA considers Phoenix a “serious nonattainment” area, which fails to meet federal health and welfare standards for air pollutants. Air particulates include airborne dust, soot and dirt emitted or tossed up by cars, construction and wind. The particulates can damage lung tissue, the respiratory system and “the body’s defense systems against foreign materials.”
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U.S. lawsuit targets pesticide impact on polar bears. — Yereth Rosen, Reuters, December 3, 2009
The U.S. government violated the Endangered Species Act by failing to curb use of pesticides that have been accumulating in the Arctic food chain and in the fat of polar bears, a species listed as threatened, environmentalists charged in a lawsuit on Thursday. While the biggest threat to polar bears comes from the rapidly warming Arctic climate and the disappearance of sea ice, the pesticide onslaught creates more woes for an already stressed population, said Rebecca Noblin, a Center for Biological Diversity staff attorney in Anchorage. “The health impacts of pesticides tend to make polar bears more susceptible to disease, to lower cub survival,” Noblin said. “Since polar bears are already struggling, the combined impacts of the two could lead to more problems.”
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Polar bear lawsuit filed. — The Associated Press, December 4, 2009
An environmental group sued the Environmental Protection Agency on Thursday, claiming it has not reviewed the detrimental effects of pesticides on polar bears and their Arctic habitat. “We’re asking EPA to fulfill its obligations under the Endangered Species Act,” said Rebecca Noblin, an attorney and spokeswoman for the Center for Biological Diversity. Polar bears were listed as a threatened species in May 2008 because of the dramatic loss in their primary habitat, sea ice. EPA spokesman Mark MacIntyre in Seattle said he had not seen the lawsuit and noted the agency generally does not comment on pending litigation.
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South Fork Band Council of Western Shoshone of Nevada v. Department of Interior. — Ninth Circuit Court of Appeals, Opinion, December 2, 2009
The Tribes fail to point to any relevant action on BLM’s part that was arbitrary or unreasonable. We will not second guess the agency’s weighing of the compliant and noncompliant visual resource areas in light of its experience and expertise. Trout Unlimited v. Lohn, 559 F.3d 946, 955 (9^th Cir. 2009). We affirm the district court’s determination that the Tribes failed to show a likelihood of succeeding on their FLPMA claims. However, the Court concluded that the Bureau of Land Management did not take the requisite “hard look” under NEPA, so it reversed the District Court and remanded the matter.
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Secret coal ash ponds spark legal action. — Facing South, December 2, 2009
The public does not have access to information about more than 70 coal ash waste storage sites because the Environmental Protection Agency is withholding at the request of the power companies, which claim it represents “confidential business information.” Among the companies demanding that the information be kept secret are North Carolina-based Duke Energy and Southern Company subsidiaries Georgia Power and Alabama Power. But the EPA may be forced to hand over the information thanks to an action taken this week by three environmental advocacy groups.
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REGULATORY ACTIONS

Air

Approval and Promulgation of Air Quality Implementation Plans; Utah; Redesignation Request and Maintenance Plan for Salt Lake County; Utah County; Ogden City PM10 Nonattainment Area. — Environmental Protection Agency, Federal Register, December 1, 2009
EPA is proposing to disapprove the State of Utah’s requests under the Clean Air Act to redesignate the Salt Lake County, Utah County, and Ogden City PM10 nonattainment areas to attainment, and to approve some and disapprove other associated State Implementation Plan (SIP) revisions. The Governor of Utah submitted the redesignation requests and associated SIP revisions on September 2, 2005. EPA is proposing to disapprove the redesignation requests because the areas do not meet all Clean Air Act requirements for redesignation.
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Feds reject one Utah plan to clean up air. — Judy Fahys, The Salt Lake Tribune, December 1, 2009
Federal environmental officials don’t think Utah has done a good-enough job of cleaning up urban Utah’s air. The U.S. Environmental Protection Agency said today the state must do more to deal with PM 10, a type of airborne soot and pollution. In a Federal Register notice published Tuesday, the EPA says that Utah and Salt Lake counties, along with the city of Ogden, still violate the federal standard for PM 10, and the Utah Division of Air Quality’s plan to clean it up falls short. The state first began to petition the EPA in 2005 to remove the Utah counties from the list of areas that do not meet the Clean Air Act standards for PM 10. Tuesday’s notice rejects a number of those requests and sends the state back to the planning stage in search of better ways to reduce PM 10 emissions.
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Idaho sets stringent clean coal’ rules for proposed plant. — Rocky Barker, McClatchy Newspapers, December 1, 2009
The Idaho Department of Environmental Quality set a national precedent Monday when it issued a permit requiring a proposed Power County fertilizer plant to cut carbon dioxide emissions by 58 percent of what a comparable facility now emits. The permit – hashed out over several months among Southeast Idaho Energy, the state, the Sierra Club and the Idaho Conservation League – was issued only days before negotiators from around the world arrive in Copenhagen, Denmark, to write a new treaty to reduce greenhouse gas emissions worldwide. Southeast Idaho Energy’s facility would turn coal into gas that would both produce nitrogen fertilizer and sulfur.
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MEMA seeks clearly defined GHG, fuel economy standards. — Fleet Owner, December 1, 2009
The Motor & Equipment Manufacturers Association (MEMA) wants the U.S. government agencies in charge of developing new light-duty vehicle greenhouse gas emission (GHG) and corporate average fuel economy (CAFE) regulations to establish and follow “compatible and consistent” standards to ease the financial burden on its members. In comments submitted to the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) about the joint proposed rulemaking, MEMA president &  CEO Bob McKenna said that vehicle manufacturers  “focus their resources on investing in the best technologies, which, in turn, feeds the ability of the supplier base to advance development and transfer research technologies into commercially viable products.”
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EPA Announces Proposal to Withdraw the Emission Comparable Fuels Rule. — EPA News Release, December 2, 2009
The U.S. Environmental Protection Agency has proposed to withdraw the Emission Comparable Fuels (ECF) rule, which became effective on Jan. 20, 2009. The ECF rule governs fuel that would otherwise be regulated as hazardous waste, but that generates emissions that are comparable to fuel oil. EPA issued a rule in January 2009 that classifies ECF as a product rather than a hazardous waste. However, EPA is now proposing to withdraw the January 2009 rule due to the difficulty of ensuring that emissions from burning ECF are comparable to emissions from burning fuel oil, and the limited savings of burning ECF.
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EPA Petitioned to Regulate CO2 Using Clean Air Act, Cap At 350ppm. — Matthew McDermott, Treehugger, December 2, 2009
On and off for the past year we’ve heard statements about how the Environmental Protection Agency could really make an end run around Congressional inaction on climate and set a cap on carbon dioxide emissions though the Clean Air Act. Even Al Gore hinted at it during Climate Week NYC. Well now the Center for Biological Diversity and 350.org have petitioned the EPA to do just that:
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Groups want national limit on greenhouse gases. — Jim Snyder. The Hill, December 2, 2009
The Center for Biological Diversity and 350.org want EPA to use the Clean Air Act to dramatically scale back greenhouse gas emissions. “The Clean Air Act provides the tools necessary for the U.S. to commit to the deep and rapid greenhouse emissions reductions – on the order of 45 percent or more below 1990 levels by 2020 – needed to avert the worst impacts of climate change,” a petition the groups sent EPA states.
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Groups Petition EPA to Set Greenhouse Gas Limits Under Clean Air Act. — Robin Bravender, Greenwire in The New York Times, December 2, 2009
Two environmental groups petitioned U.S. EPA today to set national limits for greenhouse gases using the Clean Air Act. The Center for Biological Diversity and 350.org petitioned (pdf) EPA to designate greenhouse gases as “criteria” air pollutants, which would require EPA to establish allowable nationwide concentrations for the gases. The groups are asking the agency to cap atmospheric concentrations of CO2 at 350 parts per million (ppm) — a level the groups and some scientists say is necessary to avoid the worst effects of global warming. “It’s time to use our strongest existing tool for reducing greenhouse gas pollution — the Clean Air Act,” said Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute. “For four decades, this law has protected the air we breathe — and it’s done that through a proven, successful system of pollution control that saves lives and creates economic benefits vastly exceeding its costs.”
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National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing. — Environmental Protection Agency, Federal Register, December 2, 2009
EPA is promulgating national emissions standards for the control of emissions of hazardous air pollutants (HAP) from the asphalt processing and asphalt roofing manufacturing area source category. These final emissions standards for new and existing sources are based upon EPA’s final determination as to what constitutes the generally available control technology or management practices (GACT) for the source category.
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National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing. — Environmental Protection Agency, Federal Register, December 3, 2009
EPA is issuing national emission standards for control of hazardous air pollutants (HAP) for the Paints and Allied Products Manufacturing area source category. The final rule establishes emission standards in the form of management practices for volatile HAP, and emission standards in the form of equipment standards for particulate HAP. The emissions standards for new and existing sources are based on EPA’s determination as to what constitutes the generally available control technology or management practices (GACT) for the area source category.
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EPA asked to give reasons for pollution decision. — Judy Fahys, Salt Lake Tribune, December 2, 2009
State environmental officials want federal regulators to explain what’s wrong with Utah’s plan to keep fine soot and dust out of the air. The state Air Quality Board is asking the Environmental Protection Agency to answer its questions at a Jan. 6 meeting. The board also wants the agency to provide more time for state comment on those explanations. “I think it would be useful to hear [EPA] Region 8’s thinking on this,” said Cheryl Heying, director of Utah’s Air Quality Division. On Tuesday, EPA announced plans to reject Utah’s 4-year-old proposal to give the state’s urban areas a passing grade for PM 10, a kind of microscopic soot and dust pollution. At the heart of the rejection is a disagreement between state and federal regulators about whether to count periodic dust episodes in Utah County, Salt Lake County and the city of Ogden.
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CARLSBAD: Air pollution concerns dominate at power plant meeting. — Barbara Henry, North County Times, December 2, 2009
New air pollution maps for a proposed 558-megawatt power plant indicate that communities east of Carlsbad will experience the plant’s emissions more than some areas within the city limits. That’s because of the proposed height of the project’s two 139-foot-tall smoke stacks, as well as regional topography, air quality officials said at a workshop Wednesday. One area within Carlsbad that is forecast to have a higher pollution exposure is the strawberry fields region directly east of the Encina Power Station, officials said during a presentation at a state Energy Commission meeting. The officials repeatedly stressed that the various pollutants were well below any level of significance that would lead to denying the project the permits it needs.
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Approval of Section 112(l) Authority for Hazardous Air Pollutants; Equivalency by Permit Provisions; National Emission Standards for Hazardous Air Pollutants; Plywood and Composite Wood Products. — Environmental Protection Agency, Federal Register, December 4, 2009
On August 26, 2003, the EPA published in the Federal Register a direct final rule to approve the North Carolina Department of Environment and Natural Resource’s (NC DENR) equivalency by permit program, pursuant to section 112(l) of the Clean Air Act, to implement and enforce State permit terms and conditions that substitute for the National Emissions Standards for Hazardous Air Pollutants from the pulp and paper industry for the International Paper Riegelwood mill in Riegelwood, North Carolina. Then, on April 12, 2004, the EPA published in the Federal Register a direct final rule to amend the August 26, 2003, direct final rule in order to extend its coverage to include an additional four mills in North Carolina. This action is taken to once again amend the August 26, 2003, direct final rule in order to expand the NC DENR equivalency by permit program coverage to include all 32 sources in North Carolina subject to the plywood and composite wood products rule.
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EPA rule change leaves too many questions unanswered. — The Prairie Star, December 3, 2009
At the present time, meetings are taking place across the country among farmers and farm organizations as they discuss the Environmental Protection Agency’s permitting process for spraying pesticides on or near water. What’s come out of those meetings thus far is a lot of unanswered questions.
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Sulfur rule could affect industry. — Claire Johnson, The Billings Gazette, December 4, 2009
Despite big reductions in sulfur dioxide pollution in the Yellowstone Valley, area industries may have more work to do to comply with a proposed new federal standard. The Environmental Protection Agency announced last week that it intends to adopt an hourly standard for sulfur dioxide pollution to better protect the health of people who suffer from asthma and other respiratory diseases. Research has shown that exposure even to short-term spikes of sulfur dioxide can make breathing difficult for people with asthma when they’re active outdoors.
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Selenium from power plants poses ecological risks, spurs EPA review. — Sarah Coefield, Environmental Health News, December 4, 2009
Selenium is an essential nutrient, but excess amounts can be dangerous to wildlife and people. Now the U.S. Environmental Protection Agency is preparing a new regulation that would require more than 600 coal-fired power plants to clean up — perhaps even eliminate — wastewater discharged into lakes, rivers and other waterways. The national standards would replace a patchwork of state regulations that EPA officials say are too lax to protect fish and wildlife from toxic metals and other elements, particularly selenium, in the plants’ wastewater. Some states allow the plants to emit selenium at levels hundreds of times higher than EPA’s water-quality standards, while others don’t even require monitoring for it.
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EPA Poised to Declare CO2 a Public Danger. — Ian Talley, The Wall Street Journal, December 5, 2009
The U.S. Environmental Protection Agency will early next week, possibly as soon as Monday, officially declare carbon dioxide a public danger, a trigger that could mean regulation for emitters across the economy, according to several people close to the matter. Such an “endangerment” decision is necessary for the EPA to move ahead early next year with new emission standards for cars. EPA Administrator Lisa Jackson has said it could also mean large emitters such as power stations, cement kilns, crude-oil refineries and chemical plants would have to curb their greenhouse gas output. The announcement would also give President Barack Obama and his climate envoy negotiating leverage at a global climate summit starting next week in Copenhagen, Denmark and increase pressure on Congress to pass a climate bill that would modify the price of polluting.
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Water

Va. Farm Bureau takes aim at new bay rules. — Steve Szkotak, The Associated Press, November 28, 2009
Virginia’s largest agricultural advocacy group is rallying against a proposed clean-up plan for the Chesapeake Bay, contending the new federal regulations could put small farmers out of business. The Virginia Farm Bureau Federation begins its annual convention Monday in Richmond, and the proposed regulations are likely to be the buzz among 800 farmers and others attending. Farm Bureau officials will outline their opposition to elements of the clean-up plan at a news conference Wednesday, the final day of the convention.
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EPA Finalizes Nationwide Numeric Limit, Prescriptive Stormwater Controls For All Construction Sites. — Environmental Observer, The Associated General Contractors of America, November 30, 2009
On Nov. 23, the U.S. Environmental Protection Agency (EPA) finalized its Construction and Development Effluent Limitations Guidelines (C&D ELG) rule.  EPA has for the first time imposed nationwide monitoring requirements and enforceable numeric limits on the amount of sediment that can run off any construction site that impacts 10 or more acres of land at any one time. The rule also specifies the exact types of erosion and sediment controls that contractors must use, at a bare minimum, to control stormwater runoff on all construction sites that disturb one or more acres of land.  The rule will take effect in February 2010 and be phased in over four years.  A 250-page “pre-publication” version is available on EPA’s Web site.
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Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category. — Environmental Protection Agency, Federal Register, December 1, 2009
The Environmental Protection Agency is publishing final regulations establishing Clean Water Act (CWA) technology-based Effluent Limitations Guidelines and New Source Performance Standards for the Construction and Development (C&D) point source category. EPA expects compliance with this regulation to reduce the amount of sediment andother pollutants discharged from construction and development sites by approximately 4 billion pounds per year.
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Agriculture interests fighting new clean water permitting for pesticides. — Katie Redding, The Colorado Independent, December 1, 2009
The agriculture industry is petitioning the U.S. Supreme Court to overturn a lower court ruling requiring anyone spraying pesticides on or near water to hold a Clean Water Act permit. Earlier this year, the 6th U.S. Circuit Court of Appeals ruled that farmers who apply pesticides near or over water need to apply for permits. At the time, environmental groups celebrated the victory:
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EPA: Algae responsible for Pa./W.Va. fish kill. — The Associated Press, December 5, 2009
The Environmental Protection Agency says toxic algae was responsible for killing fish, mussels and other aquatic life in nearly the entire 43-mile length of a creek along the southwestern Pennsylvania-West Virginia border. The EPA’s report says high levels of total dissolved solids, or impurities, created favorable conditions for September’s golden algae bloom in Dunkard Creek. The impurities appear to be from treated mine water discharge.
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EPA pins killing of Dunkard Creek on mine discharges. — Don Hopey, Pittsburgh Post-Gazette, December 4, 2009
A new U.S. Environmental Protection Agency report blames a September bloom of toxic golden algae for wiping out almost all fish, mussels, salamanders and aquatic life on 43 miles of Dunkard Creek along the Pennsylvania-West Virginia border. The 17-page interim report released Tuesday also tied mine treatment discharges high in total dissolved solids to the creation of salty water conditions that allowed the algae, normally found in brackish waters in Southern and Southwestern states, to thrive and bloom. Although the EPA report confirms a late September West Virginia Department of Environmental Protection finding fingering the algae, it offers no explanation of how the algae got in the creek and said it will be almost impossible to remove. The only way to control its growth and toxicity and foster stream restoration, the study said, is to limit mine drainage containing high TDS.
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Environmentalists fear possible loophole in EPA coal ash rules. — Jason Hancock, The Iowa Independent, December 4, 2009
The U.S. Environmental Protection Agency is on schedule to release federal guidelines for the disposal of coal ash some time this month, but a potential loophole in the new rules has some worried they will leave Iowans unprotected. For three decades, rules governing the disposal coal ash, the toxic byproduct of burning coal, have been left up to states, creating a patchwork of differing regulations with questionable effectiveness. However, after the massive coal ash spill in Kingston, Tenn., last year, which resulted in nearly a billion gallons of coal ash sludge flooding 300 acres of land, the EPA promised it would finally regulate coal ash. But some fear the new rules may only cover ash stored in wet ponds, leaving sites many consider the most dangerous in the Hawkeye State unregulated.
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Fla., EPA cooperation sought on surface water regs. — The Associated Press, December 3, 2009
Florida’s congressional delegation has asked the nation’s top environmental regulator to work closely with the state when setting water pollution standards. Florida’s two U.S. senators and 23 of its 25 representatives sent a letter Thursday to Environmental Protection Agency Administration Lisa Jackson. A federal judge last month approved an agreement between EPA and environmental groups to set first-in-the-nation standards for Florida to limit nutrients that have been blamed for causing algae blooms.
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EPA withdraws discharge permit for Arizona mine. — Felicia Fonseca, The Associated Press, December 3, 2009
The U.S. Environmental Protection Agency has withdrawn a water discharge permit for a controversial coal-mining operation in northern Arizona pending public hearings. The EPA’s decision about the permit for Peabody Energy’s Black Mesa mine complex comes after an appeal by environmentalists who contend the discharge of heavy metal and pollutants threatens water sources that nearby Navajo and Hopi communities depend on for drinking, farming and ranching.
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U.S. EPA Directs Bay Area Wastewater Collection Systems to Protect San Francisco Bay from Sewage Discharges. — EPA News Release, December 4, 2009
The U.S. Environmental Protection Agency has ordered seven municipal sewage collection systems in the East Bay Municipal Utility District (EBMUD) to take steps to work with EPA and EBMUD to address inadequately treated sewage discharges from EBMUD Wet Weather Facilities to the San Francisco Bay. The November 2009 administrative orders apply to Oakland, Emeryville, Piedmont, Berkeley, Alameda, Albany, and the Stege Sanitary District (which serves Kensington, El Cerrito and the Richmond Annex section of Richmond).
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EPA Updates Gowanus On Canal Cleanup. — NY1 News, December 4, 2009
The Environmental Protection Agency told Brooklyn residents Thursday that the cleanup of the badly-contaminated Gowanus Canal is moving forward. At a briefing at P.S. 32 in Gowanus Thursday night, agency officials said they’re still waiting to learn if the canal cleanup will receive superfund status. In the meantime, the EPA is planning to sample canal sediment to learn the extent of the contamination and how risky it would be to remove it.
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Florida utilities, state politicians take on federal EPA over clean water regulations. — Fred Hiers, The Gainesville Sun, December 5, 2009
The Environmental Protection Agency is continuing on its course to set new Florida water quality standards by next year, despite pleas from utilities that the new criteria would be too stringent and cost billions of dollars to meet. As those parties battle, federal lawmakers who represent Florida are trying to slow down the EPA. More than two dozen Florida lawmakers, including Sens. Bill Nelson and George LeMieux, wrote EPA Administrator Lisa Jackson on Thursday asking that her agency tread cautiously in deciding its water quality standards for the state. They also asked that federal scientists work more closely with the Florida Department of Environmental Protection, known as FDEP, before setting standards in January.
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Waste

State Agency: BP Alaska Pipeline Leaks Hydrocarbons. — Angel Gonzalez, Dow Jones Newswires, November 30, 2009
t of an 18-inch common line carrying a mixture of petroleum, produced water and natural gas, was discovered Sunday at 3:05 a.m. local time during a routine check, according to a report by the Alaska Department of Environmental Conservation. BP, which activated its spill response team shortly after discovering the incident, estimated that about 8,400 square feet of snow-covered tundra had been affected, according to the report. No spill has been observed in the Prudhoe Bay area, the report added. The cause of the spill is unknown and is being investigated, the agency said. In an updated report released late Monday, the agency said that BP constructed a snow berm to prevent the spilled oil from migrating north towards Prudhoe Bay.
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High levels of Sparrows Point benzene confirmed by Port study, chemical may have reached nearby communities. — Mark Reutter, Baltimore Brew, December 2, 2009
A widely anticipated Maryland Port Administration study mapping pollution coming from the Sparrows Point steel mill confirms that cancer-causing benzene has infiltrated Baltimore harbor and may have migrated to shorefront communities through harbor currents and tides. The report, dated Nov. 2009, has not yet been posted on the agency’s website or publicly released. The Brew obtained a copy from sources. The 202-page report confirms earlier studies that benzene and other harmful substances, including naphthalene, lead, arsenic, vanadium and toluene, have been leaking into Baltimore harbor from the mill. Using “chemical fingerprinting,” the researchers traced the contamination back to an abandoned coke oven plant.
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EPA Drops Rule Allowing Hazardous Waste to be Burned as Fuel. — ENS News Wire, December 3, 2009
Environmental groups are applauding the U.S. Environmental Protection Agency for its plan to repeal a rule that would have permitted the burning of hazardous waste as fuel. The so-called Emissions Comparable Fuels rule took effect on the very last day of the Bush administration, January 20, 2009. It allowed industries to burn fuel that would otherwise be regulated as hazardous waste, but that generates emissions comparable to fuel oil. The rule, requested by the National Association of Manufacturers and the American Chemistry Council, would have allowed more than 100,000 tons of hazardous waste to be burned without federal hazardous waste protections.
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EPA updates Rialto on perchlorate cleanup process. — Josh Dulaney, Conra Costa Times, December 3, 2009
A water contamination problem decades in the making will take decades to fix, according to U.S. Environmental Protection Agency officials. “A long time,” said EPA Project Manager Wayne Praskins at a joint community meeting held by the EPA and the California Department of Public Health this week to address how the agencies were tackling perchlorate contamination at a 160-acre site on the north side where fireworks companies and defense contractors operated after World War II. Praskins told residents the agency “may have to operate for decades” here in order to clean up the contaminate, which is a rocket-fuel additive that in high doses can interfere with the thyroid gland.
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Climate Change

Forest Service ‘Dramatically Reshaping’ Plans in Response to Climate Change. — Noelle Straub, Greenwire in The New York Times, November 30, 2009
Forest Service Chief Tom Tidwell has directed the agency’s regions and research stations to jointly produce draft “landscape conservation action plans” by March 1 to guide its day-to-day response to climate change. In a memo (pdf) earlier this month requesting the plans, Tidwell said climate change is “dramatically reshaping” how the agency will deliver on its mission of sustaining the health and diversity of the nation’s forests. He focused particularly on water management.
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U. S. Business Greenhouse Gas Emissions (GHG) Reporting, 30 Days and Counting. — GLG Expert Contributor, Gerson Lehrman Group, November 29, 2009
On January 1, 2010, many North American manufacturing facilities, distributors, importers etc.. releasing green house gases (Carbon footprint) will be required to begin monitoring their emissions of greenhouse gas. The first greenhouse gas data reported must be submitted by March 31, 2011 directly to the EPA. This EPA rule adds teeth to the U.S. CO2 trading markets.
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USDA offers climate change cost estimates for produce. — Tom Karst, The Packer, December 3, 2009
Proposed climate change legislation will increase average costs for fruit and vegetable growers by about 2% in the short term and close to 4% over several decades, according to the U.S. Department of Agriculture. USDA economist Joe Glauber testified Dec. 2 before the House Agriculture Committee, subcommittee on conservation, credit, energy and research about costs associated with climate change legislation. Though his testimony was focused on cost consequences of climate change legislation, Glauber said opportunities to provide carbon offsets to other industries would make climate change legislation a net positive for the farm community over the long term.
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Other

EPA’s Letter to Growth Energy Delaying Its Review of Ethanol Content of Gasoline. — EPA Letter to Growth Energy, November 30, 2009
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Ethanol Industry Reacts to EPA Decision. — Cindy Zimmerman, Domestic Fuel, December 1, 2009
Ethanol industry groups are reacting to the announcement this morning from the Environmental Protection Agency that may be another six months before a final decision can be made on increasing the allowable ethanol content in fuel to 15 percent. Growth Energy, the coalition of U.S. ethanol supporters that filed the Green Jobs Waiver seeking E15, is optimistic that the agency will approve E15 upon the completion of ongoing tests early next year.
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E.P.A. Postpones Ethanol Blend Decision. — Kate Galbraith and Matthew L. Wald, The New York Times, December 1, 2009
The Environmental Protection Agency has put off, until the middle of next year, any decision about whether to increase the amount of ethanol allowed into the nation’s fuel. In a letter released on Tuesday to Growth Energy, an ethanol lobby group, the agency said that more testing was necessary, but that some initial results indicate that raising the amount of ethanol blended into gasoline would be feasible for newer cars. Growth Energy has pushed to raise the maximum amount of ethanol sold in most gasoline to 15 percent from 10 percent.
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US Govt delays decision on more ethanol in gasoline. — James Pethokoukis, Reuters, December 1, 2009
The U.S. Environmental Protection Agency said on Tuesday it needs more time to decide whether to approve an industry request to boost the amount of ethanol blended into gasoline. The EPA was supposed to decide by Dec. 1 on a petition from Growth Energy and 54 ethanol manufacturers on whether to let gasoline contain up to 15 percent of ethanol. U.S. gasoline is now approved to contain up to 10 percent ethanol, which in the United States is made mostly from corn.
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The High-Stakes Fight Over Ethanol Content in Gasoline. — Jim Motavalli, BNET Auto Blog, December 1, 2009
Should gasoline have more ethanol in it? This is a story about a five percent change, and if you don’t think that’s significant, just multiply it by billions of gallons annually. Unfortunately, the auto industry (which is worried about engine damage) isn’t going along. The environmental community is not too keen on the idea, either. The Environmental Protection Agency (EPA) delayed a decision on the issue Monday, causing both sides to claim victory. But the EPA’s position, despite the delay, seems to be favoring the ethanol industry.
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EPA Makes Right Decision to Delay Allowing More Ethanol In Gasoline. — Union of Concerned Scientists News Release, December 1, 2009
The Environmental Protection Agency’s decision to postpone approving any increase in the amount of ethanol allowed in gasoline until it can determine its impact “puts science first,” according to the Union of Concerned Scientists (UCS). More ethanol in gasoline could increase tailpipe pollution or damage older vehicles, the group said. Today’s EPA announcement was in response to a petition from Growth Energy, an ethanol industry group, which had asked the agency to increase the amount of ethanol allowed in gasoline from the current level of 10 percent to 15 percent.
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ND Gov. Hoeven annoyed by EPA ethanol delay http://bit.ly/6Yoh7R

NOI for Proposed Crescent Dunes Solar Energy Project NOI. — Department of the Interior, Bureau of Land Management, Federal Register, November 26, 2009
In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management (BLM), Battle Mountain District Office, Tonopah Field Office, Nevada intends to prepare an environmental impact statement (EIS) for the Crescent Dunes Solar Energy Project located on public lands in Nye County, Nevada.
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NOI for Proposed Chevron Energy Solutions/Solar Millennium Solar Power Projects. — Department of the Interior, Bureau of Land Management, Federal Register, November 26, 2009
In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Federal Land Policy and Management Act of 1976, as amended, and the California Environmental Quality Act (CEQA), the Bureau of Land Management (BLM) Palm Springs South Coast Field Office, Palm Springs, California, together with the California Energy Commission (CEC), intend to prepare two Environmental Impact Statements (EIS)/Staff Assessments (SAs), which may include an amendment to the California Desert Conservation Area (CDCA) Plan (1980, as amended) and by this notice are announcing the beginning of the scoping process to solicit public comments and identify issues.
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EPA Will Test Hundreds in Lawrence Co. — WAAY TV, December 2, 2009
A surprising announcement at a community meeting in Moulton last night. The Environmental Protection Agency wants to test about 200 Lawrence County residents for exposure to perfluorinated chemicals, or PFC’s. The EPA says the chemicals have made their way into some ground water at a few privately owned wells. The chemical comes from wastewater sludge that Decatur Utilities has been giving to farmers to use as fertilizer for the last three decades.
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Federal agency says prairie dogs not endangered. — Matthew Brown, The Associated Press, December 3, 2009
Black-tailed prairie dogs were denied protection under the Endangered Species Act on Wednesday after federal officials concluded the once prevalent species shows signs of rebounding. Decades of poisoning, shootings, the plague and loss of habitat to agriculture are blamed for a dramatic drop in prairie dog numbers since the early 1900s, from roughly one billion animals to an estimated 24 million today.
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BLM to open lease sale for 3,322 acres east of Salton Sea/ Imperial County. — Think GeoEnergy News, December 4, 2009
The U.S. Bureau of Land Management (BLM) announced it will make 3,322 acres of BLM-managed lands on the east side of the Salton Sea in Imperial County, Calif. open for geothermal leasing and has already received 2 applications.
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DEIS for Clear Creek Released for Comment. — Bureau of Land Management, Federal Register, December 4, 2009
In accordance with the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan and Draft Environmental Impact Statement (RMP/EIS) for the Clear Creek Management Area (CCMA), and by this notice, announces the opening of the public comment period.
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Comments sought on Spooner forest project. — Lake Tahoe News, December 4, 2009
The U.S. Forest Service, Lake Tahoe Basin Management Unit is providing a second opportunity for the public to comment on the Spooner Hazardous Fuels Reduction and Healthy Forest Restoration Project. The comment period is open though Dec. 17. The Spooner project is located on the eastern side of the Lake Tahoe Basin along both sides of portions of highways 50 and 28 between Logan House Creek-Lincoln Park to the south and Sand Harbor State Recreation Area to the north. This project is in portions of Washoe County, Douglas County and Carson County.
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STATE & FEDERAL ENVIRONMENTAL LEGISLATION

Lawmakers’ dilemma: Raise ADEQ fees or risk EPA intervention. — Jeremy Duda, Az Capitol Times, November 30, 2009
Policymakers in Arizona may have to choose between two undesirable options – greater environmental fees for businesses or greater federal intervention in local affairs. Officials from the U.S. Environmental Protection Agency are considering taking more control of some state-run Superfund cleanup projects and perhaps asserting more influence over enforcement efforts that are handled by the state.
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Water cleanup bill in delicate dance with mining law reform. — Katie Redding, The Colorado Independent, November 30, 2009
Just outside of Central City in Colorado’s Gilpin County, the historic Perigo gold mine drains metal-laden water at an average of 70 gallons per minute into a small perennial stream known as Gamble Gulch. Below the mine for six miles, the gulch is virtually devoid of life, according to the Colorado Division of Reclamation, Mining and Safety. A design for a proposed cleanup project has been completed, but the state won’t bid it out because officials worry that if it does, it open itself up, in perpetuity, to a lawsuit under the Clean Water Act. Poisoned Gamble Gulch — and likewise toxic waterways around the state and country — are at the center of a legislative tug of war.
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Greenhouse legislation sparks protest in the Loop. — Cynthia Dizikes, Chicago Tribune, November 30, 2009
Marking the 10th anniversary of the World Trade Organization protests in Seattle, a group of about 100 activists took to the streets in the Loop this morning to rally against “cap-and-trade” legislation, arguing it would do too little to curb greenhouse emissions. As the group reached LaSalle and Adams streets, in front of the Chicago Climate Exchange, about a dozen protesters laid down in the street. Chicago police officers picked them up and put them in a squadrol. Other officers moved other activists off the street.
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Industrial groups warn over US climate law. — Hal Weitzman, Financial Times, November 30, 2009
Industrial companies operating in the US are warning that they will face a heavy regulatory burden should US Congress fail to pass climate change legislation. The companies fear that without legislation, the US Environmental Protection Agency would impose its own rules on greenhouse-gas emissions or states would introduce different carbon pollution regimes.
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Legislation with teeth offers hope for bay. — Parris N. Glendening, The Baltimore Sun, December 1, 2009
The Chesapeake Bay may be a beloved resource, but we have cruelly mistreated the object of our affections. After many years of knowing how urgently we must protect it, the bay is still far from the clean, vital, vibrant watershed it should be. Its poor health reflects a failure by all of us over decades. By relying on a “voluntary” approach in our cleanup efforts, we are nowhere near the goals that were set to restore this national treasure, and nowhere near a healthy bay.
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Policy Options for Reducing Greenhouse Gas Emissions. — U.S. Senate Committee on Energy & Natural Resources Press Release, December 2, 2009
“Today the committee will hear testimony on policy options for reducing greenhouse gas emissions. Over the last two months, the committee has held several hearings on global climate change policy, most of which specifically investigated the impacts of cap-and-trade programs on the energy sector and consumers. “These hearings, I think, have been a useful in educating Members of the committee and to engage in a dialogue about the important components of sound climate policy. “In many of the hearings, we have heard a number of alternative policies to reducing greenhouse gas emissions mentioned that have been cited as either more, or less, desirable than cap-and-trade.
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Boxer Opening Statement: EPW Hearing on Toxic Substances Control Act. — U.S. Senate Committee on Environment & Public Works Press Release, December 2, 2009
When President Ford signed the Toxic Substances Control Act, TSCA in 1976, the law was supposed to help assure that toxic chemicals would be restricted or banned if they were hazardous. However, more than three decades later, TSCA has not lived up to that promise. Court decisions and poor implementation have severely weakened the Act’s effectiveness over the years, and TSCA does not include sufficient protections for pregnant women, infants, children and others who are particularly vulnerable to chemical exposures. In March 2009, the Government Accountability Office put EPA’s chemical management program on GAO’s list of “high risk” programs.
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Statement of Lisa P. Jackson Administrator, U.S. Environmental Protection Agency Legislative Hearing on the Toxic Substances Control Act (TSCA) Senate Committee on Environment and Public Works December 2, 2009. — EPA News Release, December 2, 2009
Chairman Lautenberg, Chairman Boxer, Ranking Member Inhofe and other members of the committee, thank you for the opportunity to speak about how we can improve our framework for assessing and managing chemical risks. Understandably, the public is turning to government for assurance that chemicals that are ubiquitous in our economy, our environment and our bodies have been assessed using the best available science, and that unacceptable risks have been eliminated. But, under existing law, we cannot give that assurance. Restoring confidence in our chemical management system is a top priority for me, and a top environmental priority for the Obama Administration.
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Chemical Regulation: Observations on Improving the Toxic Substances Control Act. — John Stephenson, Government Accountability Office, December 2, 2009
EPA lacks adequate scientific information on the toxicity of many chemicals. One major reason is that TSCA generally places the burden of obtaining data about existing chemicals on EPA rather than on chemical companies. For example, the act requires EPA to demonstrate certain health or environmental risks before it can require companies to further test their chemicals. As a result, EPA does not routinely assess the risks of the over 83,000 chemicals already in use. Moreover, TSCA does not require chemical companies to test the approximately 700 new chemicals introduced into commerce each year for toxicity, and companies generally do not voluntarily perform such testing.
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Schwarzenegger Releases Unique Comprehensive Climate Adaptation Strategy. — News Blaze, December 3, 2009
Governor Arnold Schwarzenegger today released California’s Climate Adaptation Strategy (CAS) final report, a first-of-its-kind comprehensive, multi-sector analysis that will enhance the state’s management of climate impacts from sea level rise, increased temperatures, shifting precipitation and extreme natural events, as ordered by Executive Order S-13-08. The Governor also took action on two of the recommendations in the report today by announcing the creation of the Climate Adaptation Advisory Panel and announcing a new Google Earth-based application, Cal-Adapt, that will allow Californians to see the risks of climate change impacts in their communities.
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Kerry Introduces Legislation To Address Security Risks Of Climate Change. — RTT News, December 3, 2009
Senate Foreign Relations Committee Chairman John Kerry, D-Mass., unveiled legislation Thursday intended to addresses the global security risks of climate change. Kerry said the International Climate Change Investment Act of 2009 would also promote U.S. economic leadership and competitiveness by enhancing demand for American clean energy products. In addition, the legislation supports a global agreement at the United Nations Framework Convention on Climate Change negotiations in Copenhagen, Denmark.
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Subcommittee Focuses on Climate Change Bill. — Michigan Farmer, December 3, 2009
The House Agriculture Committee’s Subcommittee on Conservation, Credit, Energy, and Research held a hearing Wednesday to review economic analyses of the potential economic impacts of climate change on the farm sector. Subcommittee chairman Tim Holden, D-Penn., says it is clear there is still a lot of uncertainty with some of the modeling assumptions and data used to estimate the potential impact of climate change and climate change legislation on agriculture. Holden concluded that additional questions must be asked and answered before drawing any definitive conclusions.
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Maryland Farmers Could Get $85M Annually. — The Baynet.com, December 4, 2009
A new analysis of the nutrient trading program contained in the proposed federal Chesapeake Clean Water Act has determined that Maryland farmers could be paid as much as $85 million annually to reduce nitrogen pollution, creating jobs and bolstering the agricultural economy. The analysis by the World Resources Institute (WRI), an international leader in market based environmental programs, found that water quality trading could potentially double conservation funding compared to what is currently available in the federal Farm Bill.
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OTHER ENVIRONMENTAL NEWS

Air

Memphis airport accused of pollution violations. — Tom Charlier, The Commercial Appeal, December 1, 2009
From the exhaust of baggage tractors to the vapors from de-icing operations, Memphis International Airport annually generates thousands of tons of air pollution for which it never received proper regulatory approval, an Ohio man claims. Pram Nguyen, a Cleveland resident who has filed legal actions against several other major airports across the nation, sent a letter to Memphis airport officials and local elected leaders outlining what he says are violations of the federal Clean Air Act. If the violations aren’t remedied, the letter states, Nguyen will file suit, potentially subjecting the Memphis and Shelby County Airport Authority to “substantial fines and penalties.”
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2 More Utilities Retiring Aging Coal Plants in Wake of Health Report. — Mara MacKinnon, Solve Climate, December 3, 2009
Two of the nation’s biggest power providers, Exelon and Progress Energy, announced plans this week to retire more than a dozen of their aging coal-fired power plants. While the decisions were based on economics, they ultimately will have an impact on human health. In North Carolina, Progress Energy, under pressure from the state to upgrade its emissions scrubbing equipment, announced Tuesday that it would close 11 coal-fired units by the end of 2017 and shift to cleaner-burning natural gas. The targeted units represent nearly 30 percent of the company’s statewide coal fleet.
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Air tests at natural gas drilling sites fuel concerns in North Texas. — Jeff Mosier, The Dallas Morning News, December 4, 2009
Anxiety about the risks of natural gas drilling has stayed mostly below the surface in North Texas. Critics feared everything from polluted groundwater in the Barnett Shale to high-pressure gas lines beneath their front yards. Now the biggest concern – at least the one that governments are watching closely – is in the air. Tests showing high concentrations of benzene and other toxic chemicals in air near drill sites and related facilities have brought a new focus on the natural gas industry and public health. Cities, counties and the state’s environmental agency are anxiously awaiting an analysis of regional testing and any potential action that could follow.
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Newark residents say garbage incinerator poses health risks. — Brian T. Murray, The Star Ledger, December 5, 2009
The garbage incinerator operating in the industrialized Ironbound section of Newark for 18 years, the largest of New Jersey’s five government trash burners, advertises itself these days as a soldier in the war against global warming. It’s a source of “renewable energy,” generating electricity for 50,000 households by burning nearly 1 million tons of trash each year at the Raymond Boulevard site, according Covanta Energy, the corporate operator.
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Water

Group accuses Va. fish plant of polluting bay. — The Associated Press, November 30, 2009
Virginia and federal regulators are investigating allegations that the nation’s top menhaden processor has been dumping oxygen-choking fish waste into the Chesapeake Bay. The Southern Environmental Law Center accuses Omega Protein Corp. of routine discharges comparable to a large wastewater-treatment plant. Excessive nutrients, including nitrogen and phosphorus, create “dead zones” that kill blue crabs and other marine life.
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Minnesota Clean Water Action introduces Ripple Effects campaign. — Michelle Alimordi, Twin Cities Daily Planet, December 1, 2009
“Pesticides are everywhere…most people do not even know that -cide means ‘to kill,’” said Becky Sheets of Staples, Minnesota. Sheets shared her story as part of Minnesota Clean Water Action’s newly launched Ripple Effects campaign. Sheets explained how she developed chemically-induced asthma from exposure to three types of pesticides while working for a research center for crop production. Her exposure came mainly from crop dusting, a common practice in the many agricultural towns of Minnesota.
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Crews cleaning Prudhoe Bay oil spill estimated at 3/4 acre. — James Halpin, Anchorage Daily News, December 1, 2009
Cleanup efforts continued Tuesday on a three-quarter-acre area of tundra affected by a spill of oil and water near BP’s Lisburne Processing Center on the North Slope. More than half of the affected area was coated by a sprayed mist from an 18-inch flow line, a pipeline that carries raw oil, water and gas to the center for separation, according to officials with BP Exploration (Alaska) Inc., the company that runs most North Slope oil fields.
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Other Articles on the Same Topic:

BP dealing with 2 Alaska spills. — UPI, December 4, 2009
BP reported a second pipeline leak while battling an earlier oil spill on the North Slope in Alaska, officials said Thursday. The new spill, which was discovered and reported Wednesday, came from a 6-inch pipeline carrying what is known as produced water, which is pumped from wells and separated from the crude oil, the Anchorage Daily News reported. BP said about 7,000 gallons spilled, with much of it trapped in a building.
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Clean water won’t hurt economy. — Tampa Bay Online, December 3, 2009
State Agriculture Secretary Charles Bronson and other opponents of a federal plan to decrease the pollution of Florida’s rivers, lakes and bays say the restrictions would generate billions of dollars of costs for businesses and local governments. They want Florida’s congressional delegation to curb the U.S. Environmental Protection Agency’s efforts to limit nutrient pollution. But the delegation, rather than heeding Bronson’s scare tactics, should recognize nutrients are the leading cause of water pollution in Florida. Existing rules are inadequate.
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Loopholes polluting Illinois waters. — Kennedy Eilliott & Joe Piaskowy, Medill Reports Chicago, December 3, 2009
It has all the makings of a best-selling novel. A rural county polarized. A heated trial against a mega dairy farm owner. A small group of community members fighting a multi-million dollar company. Threats of big business possibly polluting the water supply. Even the name of the defendant – the mega dairy owner – is pronounced “boss.” This real-life drama is playing out in the rolling hills of Jo Daviess County in Northwest Illinois. The small towns of Warren, Nora and Stockton are split in a battle over the development of a mega dairy only miles away from residential homes and farm land.
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Feds are now the real enemy in Appalachian coal wars. — Dorothy Kosich, Mineweb, December 4, 2009
Notwithstanding, the protestors who chain themselves to mining equipment or the Hollywood types arrested during demonstrations, in the on-going coal wars in Appalachia, mining attorney Robert McCluskey says “The enemy has kind of shifted from the anti-mining groups to the [federal] government.” During a presentation to the Northwest Mining Association meeting in Reno, McCluskey noted the EPA is threatening to veto Clean Water Section 404 permits that had already been approved and issued to coal mining operations by the U.S. Army Corps of Engineers. Meanwhile, what McCluskey called a “significant fight” is now brewing between state and federal governments as to who makes and implements Section 404 standards regulating coal mining operations. In Appalachia, waste material from coal surface mining operations is deposited or discharged into U.S. waters.
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Drainage from mines threat to all streams. — Observer-Reporter, December 4,, 2009
An article in yesterday’s newspaper reported that the Environmental Protection Agency has confirmed earlier findings that toxins created by a bloom of golden algae were responsible for the massive fish kill in Dunkard Creek in September. The state Department of Environmental Protection had come to the same conclusion. That the algae that is fatal to fish and other gill-breathing organisms is the cause is not in question. Nor is it unknown what caused the algae to bloom: elevated levels of total dissolved solids and chloride, a component of TDS, which created favorable conditions for the algae to grow and produce toxins. And the EPA has concluded that the TDS and chloride came from mine drainage, most likely from the Consol Blacksville No. 2 Mine. What is not known is how such high levels of TDS and chloride got into drainage for the mines.
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Climate Change

Indian officials dismiss Danish climate proposal. — Muneeza Naqvi, The Associated Press, November 30, 2009
Top Indian officials dismissed a draft climate change proposal by Denmark that expects developing economies to peak their greenhouse gas emissions by 2025, news reports said Monday. The draft document was circulated to a few countries ahead of the Dec. 7-18 summit in Copenhagen, which is supposed to draw up an agreement for controlling emissions of carbon dioxide and other gases causing global warming.
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CLIMATE CHANGE: Commonwealth Champions Adaptation Fund. — Peter Richards, IPS News, November 30, 2009
South African President Jacob Zuma admits that before to coming to Trinidad for the bi-annual Commonwealth Heads of Government Meeting (CHOGM), he met with its secretary general, Kamalesh Sharma, to discuss the relevance of the grouping in today’s evolving global power structure. But at the end of their three-day meeting on Sunday, Zuma said, “I think some of my questions have been answered,” noting that the manner in which the summit dealt with the issue of climate change “indicates we are dealing with a CHOGM of today”.  The Port of Spain Climate Change Consensus that Commonwealth leaders adopted was reached at the end of a special meeting also attended by French President Nicolas Sarkozy, U.N. Secretary-General Ban Ki-moon and Danish Prime Minister Lars Lokke Rasmussen.
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Holland-Bartels: Pioneering new climate-change policies. — Partnership for Public Service, The Washington Post, November 30, 2009
For Leslie Holland-Bartels of the U.S. Geological Survey (USGS), the inclusion of Alaska’s polar bears as a threatened species under the Endangered Species Act was a great accomplishment. But the 2008 federal designation also signaled much more — the broader scientific linkage between global warming and significant changes to wildlife, critical ecosystems and biodiversity.
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Carbon dioxide not the only climate enemy: UCSD scientists focusing on others. — Mike Lee, Sign On San Diego, November 29, 2009
When it comes to climate change, carbon dioxide is seen by many as the biggest villain and the main target of a much-anticipated meeting next month in Copenhagen to fashion an international strategy on global warming. But two high-powered scientists at the University of California San Diego and their colleagues are trying to focus attention on a handful of other climate enemies that lurk in the shadows. By quickly arresting soot, methane, low-level ozone and hydrofluorocarbons, the researchers said the world can delay climate change by roughly 40 years — enough time to significantly trim emissions of carbon dioxide.
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Copenhagen’s missing ingredient: water. — James G Workman, Los Angeles Times, November 30, 2009
Climate change conjures up factory smoke, corn ethanol, cap-and-trade, hybrid cars. It also evokes Al Gore, drowning polar bears, African famine and Hurricane Katrina. All these triggers and the issues they invoke, backed by mounting evidence of irreversible risks to humankind, will converge next week in Copenhagen. Our collective political will may yet secure the Earth’s equilibrium through an overarching deal — though short of a treaty — by the end of the U.N. climate-change conference there. Or it could all come unglued. Delegates from around the world chosen to decide our fate have deliberately removed the one element that can tip the scales.
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The Climate Science Isn’t Settled. — Richard S. Lindzen, The Wall Street Journal, December 1, 2009
Is there a reason to be alarmed by the prospect of global warming? Consider that the measurement used, the globally averaged temperature anomaly (GATA), is always changing. Sometimes it goes up, sometimes down, and occasionally—such as for the last dozen years or so—it does little that can be discerned. Claims that climate change is accelerating are bizarre. There is general support for the assertion that GATA has increased about 1.5 degrees Fahrenheit since the middle of the 19th century. The quality of the data is poor, though, and because the changes are small, it is easy to nudge such data a few tenths of a degree in any direction. Several of the emails from the University of East Anglia’s Climate Research Unit (CRU) that have caused such a public ruckus dealt with how to do this so as to maximize apparent changes.
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Moves by U.S., China induce India to do its bit on climate. — Rama Lakshmi, The Washington Post, December 2, 2009
Recent announcements by the United States and China to cut carbon dioxide emissions are propelling India to make its own commitment to slow greenhouse gas emissions and go to the upcoming Copenhagen climate summit with a firm proposal on reductions. The move marks a significant shift for India, which until recently had insisted that wealthier nations should bear the brunt of carbon cuts rather than emerging nations, whose economies are less developed.
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U.S. Proposes Climate Fund for Poor Nations. — Lisa Friedman, Climatewire in The New york Times, December 2, 2009
The United States has proposed a new global fund that would direct billions of dollars to help poor countries prepare for climate disasters and adjust to low-carbon economies. The fund would likely operate under the World Bank, U.S. Treasury officials said, and would be the main vehicle to deliver emissions reduction and adaptation measures throughout the world.
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California Dams to Feel Impact of Climate Change. — John Collins Rudolf, The New York Times, December 2, 2009
California’s high-elevation dams could generate considerably less power over the next 40 years as a result of rising temperatures associated with climate change, according to a recent study by researchers at the University of California, Davis. Under a warmer, drier climate projected in computer models, hydroelectric dams above 1,000 feet  in elevation in the state would produce about 20 percent less power by 2050, the researchers found. Under this climate scenario, electricity production would also occur earlier in the year, when demand for power is lower.
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EPA Commends Corporate Leaders for Major Greenhouse Gas Reductions. — EPA News Release, December 2, 2009
EPA is recognizing eight companies for achieving significant goals to reduce greenhouse gas (GHG) emissions through the agency’s Climate Leaders program. Twenty-seven companies are also being commended for announcing aggressive GHG reduction goals. Combined, the Climate Leaders companies are reducing greenhouse gas emissions by approximately 50 million metric tons of carbon dioxide equivalents per year. “EPA’s Climate Leaders are sending a clear message that the choice between our economy and our environment is a false choice,” said EPA Administrator Lisa P. Jackson. “They’re doing their part in the fight against climate change and giving consumers the power to support environmentally responsible choices. That leads to a better bottom line and a brighter future for everyone.”
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Google Earth explores climate risks to California. — The Associated Press, December 2, 2009
Google Inc. is launching a new feature to let Californians explore the risks to their communities from climate change. Google unveiled the new interactive tool in San Francisco on Wednesday as part of a climate change press conference held by Gov. Arnold Schwarzenegger. The state is partnering with Google on the new venture. It was one of the recommendations in a report released Wednesday detailing how California should prepare for rising sea levels, hotter weather and water shortages. Google chief executive Eric Schmidt says the feature, called CalAdapt, will let Internet users see the irreversible affect of climate change facing California before they happen.
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The Science and Politics of Climate Change. — Mike Hulme, The Wall Street Journal, December 2, 2009
I am a climate scientist who worked in the Climatic Research Unit (CRU) at the University of East Anglia in the 1990s. I have been reflecting on the bigger lessons to be learned from the stolen emails, some of which were mine. One thing the episode has made clear is that it has become difficult to disentangle political arguments about climate policies from scientific arguments about the evidence for man-made climate change and the confidence placed in predictions of future change. The quality of both political debate and scientific practice suffers as a consequence.
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Rising Partisanship Sharply Erodes U.S. Public’s Belief in Global Warming. — Nathanial Gronewald and Crista Marshall, Climatewire in The New York Times, December 3, 2009
On the eve of major international climate change negotiations in Copenhagen, belief in global warming in the United States has slipped to the lowest point in 12 years of measuring, according to a poll from New York-based Harris Interactive Inc. As U.S. negotiators fly to the Danish capital to forge a political agreement based on President Obama’s proposal to cut U.S. greenhouse gas emissions by about 17 percent, most of the American public doesn’t know what the talks are about, according to the Harris survey.
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China backs India’s stand on climate change. — Indian Express, December 3, 2009
Ahead of the Copenhagen meet, China on Thursday backed India’s stand that developing nations have no obligation to binding emission reduction targets and said it is ready to enhance “cooperation and coordination” between the two countries, which it termed as “victims” of climate change. “We understand the current situation in India. We should take adaptation and mitigation measures based on our national conditions and capacity,” Chinese Foreign Ministry spokesman Qin Gang told reporters here. He said China is ready to strengthen “communication, coordination and cooperation” with India on climate change.
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Setting A Higher Bar For Climate Change. — Michael Dell, Forbes, December 3, 2009
Next week, world leaders will meet at the UN-led climate conference in Copenhagen, where their goal is to agree on global greenhouse gas reduction targets. The responsibility to mitigate climate change, however, does not fall solely to the Copenhagen delegation. Solving the global climate crisis starts with us–the world’s businesses and organizations. The scientific community has reported that by 2050, global emissions must be reduced by 50 to 85% from 2000 levels to bring greenhouse gas emissions to acceptable levels. While these conclusions are not the last word, they do contribute to the framework our leaders in Copenhagen will consider for building a broad policy consensus. These are aggressive targets that require action from us all.
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Top climate change expert hopes science got it wrong. — Erik Kirschbaum, Reuters, December 3, 2009
Germany’s top climate researcher says he hopes he and his fellow scientists around the world have got it all wrong about global warming. Hans Joachim Schellnhuber, head of the Potsdam Institute for Climate Impact Research, told Reuters he gets no pleasure at all in being a prophet of doom and hopes he and his colleagues have overlooked effects that could still arrest climate change. “It would be wonderful if some mechanism that we haven’t yet been able to understand could still have an impact and manage to stabilize global warming at a high level for a while,” he said in an interview in his institute’s office outside Berlin.
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British university to probe climate-data allegations. — USA Today, December 3, 2009
The British university at the heart of the “Climategate” storm announced today that it will investigate whether scientists manipulated data on global warming to suppress contrary findings. Last month a hacker posted documents and e-mails between leading climatologists that were stolen from a University of East Anglia server. Skeptics contend the correspondences show a conspiracy among scientists to hide research that undercuts the general consensus that climate change is primarily man-made and not natural. Proponents counter that the e-mails have been taken out of context, do not support the skeptics’ claims and are an attempt to sabotage the U.N. climate summit in Copenhagen next week .
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Nepalese Government Holds Meeting Near Mount Everest. — Dave McCombs, Bloomberg.com, December 4, 2009
Nepal’s Cabinet issued a declaration on climate change after an outdoor meeting in the shadow of Mount Everest, in a region where shrinking glaciers threaten rivers essential to development in China, India and Pakistan. Prime Minister Madhav Kumar Nepal delivered the statement after he and more than 20 ministers, officials, journalists, and technicians returned by helicopter, according to Nepalnews.com. The group brought oxygen masks and a team of six doctors for the 20-minute meeting on the Kalapatthar plateau, 5,240 meters (17,192 feet) above sea level.
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Recession Takes a Bite Out of U.S. GHG Emissions. — Kirsten Korosec, BNET Energy Blog, December 3, 2009
The 2008 greenhouse gas emissions report from the Energy Department provides further fodder to the power of a recession. Total U.S. greenhouse gas emissions in 2008 fell by 2.2 percent from 2007 to 7.053 billion metric tons, according to a U.S. Energy Information Administration report released Thursday afternoon. That’s a remarkable change from what has been occurring in the United States for nearly two decades. Total GHG emissions grew at an average annual rate of 0.7 percent every year since 1990. That is until 2008 came along.
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Penn St. prof. welcomes climate change scrutiny. — Genaro Armas, The Associated Press, December 3, 2009
A Penn State professor and climate researcher said he welcomes scrutiny into leaked e-mails at the center of an international controversy over what’s causing global warming after the university said it would look into the issue. Hackers breached servers at a climate change research center in London two weeks ago, stealing thousands of e-mails and other documents and posting them on the Internet. The correspondence covered more than a decade of communication between leading British and U.S. scientists, including Penn State meteorology professor Michael Mann. His research has been a target of criticism for years from skeptics of man-made global warming theories.
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United Nations to probe climate e-mail leak. — Rapheal G. Satter, The Associated Press, December 4, 2009
The United Nations will conduct its own investigation into e-mails leaked from a leading British climate science center in addition to the probe by the University of East Anglia, a senior U.N. climate official said in comments broadcast Friday. E-mails stolen from the climate unit at the University of East Anglia appeared to show some of world’s leading scientists discussing ways to shield data from public scrutiny and suppress others’ work. Those who deny the influence of man-made climate change have seized on the correspondence to argue that scientists have been conspiring to hide evidence about global warming.
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Global warming may require higher dams, stilts. — Seth Borenstein, The Associated Press, December 4, 2009
With the world losing the battle against global warming so far, experts are warning that humans need to follow nature’s example: Adapt or die. That means elevating buildings, making taller and stronger dams and seawalls, rerouting water systems, restricting certain developments, changing farming practices and ultimately moving people, plants and animals out of harm’s way. Adapting to rising seas and higher temperatures is expected to be a big topic at the U.N. climate-change talks in Copenhagen next week, along with the projected cost — hundreds of billions of dollars, much of it going to countries that cannot afford it.
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Nepal’s Everest message on climate change. — Euronews, December 4, 2009
Nepal’s cabinet has taken an unusual step in meeting outdoors amid the frigid thin air of Mount Everest to highlight the dangers of climate change. The prime minister and more than 20 ministers flew in by helicopter to Everest’s base camp; more than 5,000 metres above sea level. Coming just days before global climate talks start in Copenhagen, the Nepalese government billed the event as the world’s highest cabinet meeting, so topping the agenda was the serious impact of climate change. Nepal is already experiencing erratic rains, longer dry spells, melting glaciers and unprecedented forest fires, according to experts. Many scientists say the Himalayan glaciers are melting at an alarming rate, creating lakes with walls that could burst and flood villages below. The meeting follows that of the Maldives, which held the world’s first underwater cabinet meeting in October to underline how rising sea levels threaten the Indian Ocean’s archipelago’s existence.
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The Tragedy of the Himalayas. — Bryan Walsh, Time, December 4, 2009
The road to Khardung La begins in the Indian town of Leh on the northwestern fringe of the Himalayas. Exhaust-spewing army trucks rattle up the side of dry rock, past Buddhist monasteries clinging to the craggy mountainside and alongside small farms barely scraping fertility from the earth. Khardung La, the highest motorable mountain pass in the world, is more than 18,000 ft. above sea level, the air so thin that just standing there a few minutes leaves you feeling as if your head might lift off like a balloon. But if 65-year-old Syed Iqbal Hasnain is bothered by the altitude, he isn’t showing it. The Indian glaciologist hops lightly from a car and walks to the edge of the pass, beneath fluttering Buddhist prayer flags. The rock is dusted with early winter snow, and there might not be much more this season or next, he says.
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Leading Climate Change Scientist: ‘Cap and trade won’t work’. — Jack P, Before It’s News, December 4, 2009
A leading global warming scientist, James Hansen, made recent statements on Friday that he hopes the Copenhagen summit will fail, according to a Washingtonsblog posting: He is vehemently opposed to the carbon market schemes – in which permits to pollute are bought and sold – which are seen by the EU and other governments as the most efficient way to cut emissions and move to a new clean energy economy. Hanson, who was quoted in he Guardian, said: “I would rather it not happen if people accept that as being the right track because it’s a disaster track,” said Hansen, who heads the Nasa Goddard Institute for Space Studies in New York.”
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Obama switches climate change visit to end of summit. — BBC News, December 4, 2009
US President Barack Obama has changed his plans to attend the UN summit on climate change in Copenhagen next week, the White House has announced. He will arrive later than initially planned, moving his appearance from 9 December to 18 December
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The Copenhagen Communiqué on Climate Change. — Newsweek, December 5, 2009
This communiqué calls for an ambitious, robust, and equitable global deal on climate change that responds credibly to the scale and urgency of the crises facing the world today. Economic development will not be sustained in the long term unless the climate is stabilized. It is critical that we exit this recession in a way that lays the foundation for low-carbon growth and avoids locking us into a high-carbon future. These are difficult and challenging times for the international business community, and a poor outcome from Copenhagen will only make them more so, by creating uncertainty and undermining confidence.
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Dutch defense against climate change: Adapt. — Anthony Faiola and Juliet Eilperin, The Washington Post, December 6, 2009
With the Copenhagen summit starting Monday, chances remain uncertain for a historic breakthrough in the fight to prevent climate change, but the Netherlands is leading a fight of a different kind: How to live with global warming. As sea levels swell and storms intensify, the Dutch are spending billions of euros on “floating communities” that can rise with surging flood waters, on cavernous garages that double as urban floodplains and on re-engineering parts of a coastline as long as North Carolina’s. The government is engaging in “selective relocation” of farmers from flood-prone areas and expanding rivers and canals to contain anticipated swells.
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Other

Asheville-based protesters lock themselves to generator near Greenville, SC. — John Boyle, Asheville Citizen-Times, November 30, 2009
Four protesters from Asheville were arrested this morning in South Carolina, including two who locked themselves to a 1.5-million pound generator headed for the Cliffside coal-fired plant site in Rutherford County. Those arrested were Julia Allen Page, Paul Webb Loomis, Catherine Ann MacDougal, and Rachel Anne Scarano, according to Rising Tide North American, an environmental advocacy group. The protesters had vowed to prevent the generator, which has been traveling across South Carolina, from reaching the coal-fired Duke Energy plant, according to a press release from Rising Tide. The groups Asheville Rising Tide and Croatan Earth First! organized the protest, part of a national day of action with dozens of protests nationwide.
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Turning corn stubble into biochar. — Farm Progress, Stock & Land, November 30, 2009
Researchers around the world are trying to economically convert cellulosic biomass such as corn stover into “cellulosic ethanol.” But Agricultural Research Service scientists have found that it might be more cost-effective, energy-efficient and environmentally sustainable to use corn stover for generating an energy-rich oil called bio-oil and for making biochar to enrich soils and sequester carbon. The research, under-written by the National Corn Growers Association, suggests it could be more cost-effective to produce bio-oil through a distributed network of small pyrolyzers and then transport the crude bio-oil to central refining plants to make “green gasoline”, rather than transporting bulky stover to a large centralised cellulosic ethanol plant.
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S. Side solar energy plant to power 1,500 homes. — Paul Meincke, ABC7 – Chicago, November 30, 2009
Chicago is home to the largest big-city solar generating plant in the country. The Exelon plant is being built on the South Side. It won’t produce a lot of electricity. But the company says solar energy is an important part of its plans for the future. In an old far South Side industrial site, barren for years, 33,000 solar panels are being set up to follow the arc of the sun, and make electricity.
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US: Paper Mill Is Reborn, Sans Fossil Fuels. — Violet Snow, Inter Press Service, November 29, 2009
A paper mill that runs without fossil fuels and has a neutral carbon footprint? That’s the goal for Flambeau River Papers in Park Falls, Wisconsin, and the company is already on its way, thanks to a switch to biomass fuel, plus a biorefinery in the works. In timber-rich Wisconsin, paper mills have been a major industry since the 1800s. Small mills, suffering from the recession and high energy costs, are now shutting down, creating economic devastation for towns like Park Falls, where the mill provided jobs for 310 people in a town of about 3,000.
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California Companies Lauded for Taking Innovative Measures to Reduce Pesticide Risk. — EPA News Release, December 1, 2009
The U.S. Environmental Protection Agency has presented awards to five members of the Pesticide Environmental Stewardship Program (PESP) for their sustained excellence in integrated pest management (IPM). “These awards demonstrate that innovative pest management practices really do work,” said Steve Owens, assistant administrator for the Office of Prevention, Pesticides, and Toxic Substances, “EPA is helping growers and other pesticide users make the transition to safer practices and thereby reduce pesticide risk to people and the environment.”
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P4 Production, LLC, Begins Comprehensive Mine Cleanup Planning in Southeast Idaho. — EPA News Release, December 1, 2009
P4 Production LLC, a southeast Idaho phosphate mining company, has reached agreement with five federal and state agencies, as well as the Shoshone-Bannock Tribes, to develop comprehensive cleanup plans for three phosphate mines near Soda Springs, Idaho. The agreement requires P4 Production (a subsidiary of the Monsanto Company) to complete remedial investigations and feasibility studies for the Ballard, Henry, and Enoch Valley mines. The Ballard Mine was operated from 1951 to 1969, the Henry Mine was operated from 1969 to 1989, and Enoch Valley Mine was operated from 1989 until recently. They are all currently inactive.
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Progress Energy to shut down Wilmington’s Sutton Plant in 2014. — McClatchy Tribune Information Services, December 1, 2009
Progress Energy

said Tuesday it intends to shut down Wilmington’s L.V. Sutton Plant along with three other coal-fired plants that do not have scrubbers to control emissions The utility also said it plans to replace the coal-fired facility here with one fired by natural gas on the same site. Progress Energy Carolinas, the Raleigh-based utility’s operating unit in North and South Carolina, outlined its plan to close four power plants capable of generating nearly 1,500 megawatts of electricity in a report to the N.C. Utilities Commission.
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BCC opposes mining ban; demands coordination. — Scott Jorgensen, Illinois Valley News, December 2, 2009
Some Oregon officials have called for action to prohibit mining in the Siskiyou Wild Rivers area, but the Josephine County Board of Commissioners will not be among them. During a Tuesday, Nov. 24 administrative meeting in the commission conference room at the courthouse in Grants Pass, the board voted 2-1, with Commissioner Dave Toler voting against the move, to send a letter expressing opposition to the proposed withdrawal.
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New Policy on Lobbyists Could Spur Shake-Up for EPA Advisory Pane. — Robin Bravender, Sara Goodman, and Taryn Luntz, The New York Times, December 4, 2009
A sweeping new White House policy aimed at ousting special interests from federal advisory panels might sweep registered lobbyists off some U.S. EPA advisory panels. The policy could affect more than 20 EPA committees, which include representatives of environmental groups, industry and trade associations, and public health and academic institutions. The committees offer advice on issues ranging from air pollution and drinking water to children’s health and environmental justice. It remains unclear exactly how the White House directive will apply to EPA and which committees will be affected, but many of the registered lobbyists on agency boards may see their memberships terminated once their current appointments end.
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Fish kill called necessary to save the Great Lakes. — Kari Lydersen and Peter Slevin, The Washington Post, December 6, 2009
The poisoned fish began floating to the surface in the cold Illinois dawn, but as scientists and ecologists began hauling their lifeless catch to shore, they found only one carcass of the predator they targeted — the ravenous Asian carp. Never before have Illinois agencies tried to kill so many fish at one time. By the time the poison dissipates in a few days, state officials estimate that 200,000 pounds of fish will be bound for landfills. But they say the stakes — the Great Lakes ecosystem and its healthy fish population — could hardly be higher.
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BLOGS

EPA’s Decision to Delay Its Review of Ethanol Content of Gasoline. — Steven M. Taber, Environmental Law and Climate Change Law Blog, December 1, 2009
In what is considered to be a blow to U.S. corn growers, the EPA today sent a letter to the Gen. Wesley Clark chaired trade association “Growth Energy” indicating that the EPA needed more time to complete tests on how an increase by 5% (from 10% ethanol to 15% ethanol) in ethanol content may damage engines and fuel lines. The good news for Growth Energy, which formally petitioned for the increase, was that the EPA reported that two tests showed that engines in newer cars can handle the higher blend. “The announcement is a strong signal that we are preparing to move to E15,” Growth Energy said in a statement, asserting that the switch would mean 136,000 new jobs.
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Emerging “Middle Stance” In The Climate Change Debate. — Steven M. Taber, Environmental Law and Climate Change Law Blog, December 3, 2009
Two articles appeared yesterday regarding how “Climategate” has given voice to an emerging middle road in the debate of what to do about climate change. The first an op-ed piece by Mike Hulme, a climate professor at East Anglia University in which he argues that cl…imate science has been overtaken by politics. Politics, however, demands certainty, but climate scientists do not know what the risks or the outcomes will be: “Yes, science has clearly revealed that humans are influencing global climate and will continue to do so, but we don’t know the full scale of the risks involved, nor how rapidly they will evolve, nor indeed—with clear insight—the relative roles of all the forcing agents involved at different scales.”
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Two articles appeared yesterday regarding how “Climategate” has given voice to an emerging middle road in the debate of what to do about climate change. The first an op-ed piece by Mike Hulme, a climate professor at East Anglia University in which he argues that cl…imate science has been overtaken by politics. Politics, however, demands certainty, but climate scientists do not know what the risks or the outcomes will be: “Yes, science has clearly revealed that humans are influencing global climate and will continue to do so, but we don’t know the full scale of the risks involved, nor how rapidly they will evolve, nor indeed—with clear insight—the relative roles of all the forcing agents involved at different scales.”

This leads to his conclusion that “the central battlegrounds on which we need to fight out the policy implications of climate change concern matters of risk management, of valuation, and political ideology. We must move the locus of public argumentation here not because the science has somehow been ‘done’ or ‘is settled;’ science will never be either of these things, although it can offer powerful forms of knowledge not available in other ways.” These are the issues we need to focus on as we proceed toward regulation of greenhouse gas emissions and adaptation to the consequences of climate change.

The second article is an article by Andrew Revkin, the New York Times global environment reporter. In that article Mr. Revkin posits that a middle ground is emerging from the smoke created by “Climategate.” As Mr. Revkin states: “Many in this camp seek a …policy of reducing vulnerability to all climate extremes while building public support for a sustained shift to nonpolluting energy sources.” “Reducing vulnerabilities to all climate extremes” does not mean taking drastic actions What it does mean, however, is that it is best not to gloss over the uncertainties – climate change could be much better or much worse than predicted.

These scientists advocate taking action, just not panicked action. The key, they believe, is to change people’s behavior, not to scare them into action or plug their ears into complacency. As one scientist mentioned in the article states: “Because of the scale and time lag, a better strategy, Dr. Mahlman and others say, is to treat human-caused warming more as a risk to be reduced than a problem to be solved.”

This is an issue that has been raised before on this blog, in my comments about Laurie Williams and Allan Zabel’s video. and on my Facebook page in a Note “Climategate and Environmental Policy Options.” It also hearkens back to my support, even though I consider myself a “climate believer,” of the proposal that EPA hold a hearing on climate change. See also, the Update I did on the blog post.  The upshot is this:  thoughtful deliberation and action are necessary.  We cannot do nothing – we owe it to our descendants not to burden them with a compromised environment.  But neither should we take action that is not based on solid science and a clear understanding of what the risks and the goals are.

In what is considered to be a blow to U.S. corn growers, the EPA today sent a letter to the Gen. Wesley Clark chaired trade association “Growth Energy” indicating that the EPA needed more time to complete tests on how an increase by 5% (from 10% ethanol to 15% ethanol) in ethanol content may damage engines and fuel lines.

The good news for Growth Energy, which formally petitioned for the increase, was that the EPA reported that two tests showed that engines in newer cars can handle the higher blend. “The announcement is a strong signal that we are preparing to move to E15,” Growth Energy said in a statement, asserting that the switch would mean 136,000 new jobs.

However, the Renewable Fuels Association saw it as a major blow to the growth of biofuels in the U.S. “The delay threatens to paralyze the continued evolution of America’s ethanol industry,” RFA president Bob Dinneen said. “Moreover, this delay will chill investment in advanced biofuel technologies at a critical time in their development and commercialization.”

As it stands, the U.S. ethanol industry benefits from a tax credit, a tariff on imported ethanol and from the nation’s Renewable Fuel Standard, which will require fuel distributors to blend 15 billion gallons of ethanol with gasoline in coming years. But the industry is fast reaching that point and will exceed 11 billion in 2009.

The E15 blend has been controversial in part because of the damage that ethanol, a corrosive, already has caused in fuel lines and other components of boat engines and some small motors.

The EPA is involved because of air pollution implications and was required under the Clean Air Act to act by today on Growth Energy’s waiver request. The federal agency said that is has been working with the Energy Department to conduct tests “as quickly as possible given the available testing facilities.”

The Environmental Working Group, a Washington-based advocacy organization, praised the EPA’s deliberate process. The group’s Craig Cox said that sound science had trumped “efforts by well-funded and politically well-connected ethanol lobby to short circuit” the testing process.