November 9,  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

Notice of Proposed Consent Decree; Request for Public Comment. — Federal Register, November 2, 2009
In accordance with section 113(g) of the Clean Air Act, as amended (CAA or ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Association of Irritated Residents (‘‘Plaintiff’’) in the United States District Court for the Northern District of California:  Association of Irritated Residents v. EPA, No. 09–cv–1890–CW (N.D. Cal.). On or about April 30, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty to take action under section 110(k) of the Act on a revision to the state implementation plan (SIP) submitted by the State of California. Specifically, the complaint alleges that EPA failed to take action on two rules amended by the San Joaquin Valley Unified Air Pollution Control District (‘‘District’’) on September 21, 2006 and included in a SIP revision submitted to EPA by the California Air Resources Board (CARB) on December 29, 2006: Rule 2020 (‘‘Exemptions’’) and Rule 2020 (‘‘New and Modified Stationary Source Review Rule’’). The subject rule amendments relate to permitting of agricultural sources. In the SIP revision dated December 29, 2006, CARB submitted amended District Rule 2020 in its entirety but only Paragraph 4.6.9 of District Rule 2020. Under the terms of the proposed consent decree, a deadline has been established for EPA to take action on the amended District rules as submitted on December 29, 2006. If EPA fulfills its obligations, Plaintiff has agreed to dismiss this suit with prejudice.
Click Here

Three Minnesota Companies Agree to EPA Orders to Comply with Federal Rules to Protect Stratospheric Ozone. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency Region 5 has issued administrative consent orders to three Minnesota scrap metal recycling companies – Leroy Iron and Metal Division of Behr Iron, Alter Trading Corp. and Timm’s Auto Salvage. he companies agreed to comply with EPA regulations designed to protect the stratospheric ozone layer at their scrap metal recycling facilities. The Leroy plant is at 2275 Dale Ave., Leroy; the Alter plant is at 801 Barge Channel Road, St. Paul; and the Timm’s plant is at 936 W. 12^th St., St. Charles.
Click Here

University of Cincinnati Agrees to EPA Order to Comply with Clean Air Act. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to the University of Cincinnati requiring the university to comply with its state operating permit and its construction permit for a coal-fired boiler and two natural gas-fired turbines at 3001 Vine St. The order resolves EPA allegations that the university had exceeded its emission limit for opacity (the amount of light obscured by particulate matter) for its coal-fired boiler and nitrogen oxide and carbon monoxide emission limits for its two gas-fired turbines.
Click Here

Notice of Proposed CERCLA Administrative Cost Recovery Settlement:  APCO Mossberg Company, Inc., Superfund Site, Attleboro, MA. — EPA News Release, November 2, 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 for recovery of past costs concerning the APCO Mossberg Company, Inc., Superfund Site in Attleboro, Massachusetts, with settling party Morton D. Cross. The settlement requires the settling party to pay $50,000, plus an additional sum for interest on that amount calculated from July 1, 2009 through the date of payment, to the Hazardous Substance Superfund. The settlement includes a covenant not to sue for the settling party pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For thirty (30) days following the date,
Click Here

A and B Metal Recycling agrees to EPA order; will comply with federal rules to protect stratospheric ozone. — EPA News Release, November 4, 2009
U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to A & B Metal Recycling to comply with EPA regulations designed to protect the stratospheric ozone layer. The order affects the company’s scrap metal recycling facility at 3049 E. 55^th St., Cleveland, Ohio. EPA cited A & B in June 2008 for alleged violations of EPA regulations requiring recovery of ozone-depleting refrigerants from small appliances before they are recycled. The allegations resulted from EPA inspections of the company’s facility in April 2008 and subsequent requests for information in May 2008.
Click Here

Regional Home Builder Agrees to Clean Water Act Settlement. — Department of Justice News Release, November 6, 2009
John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta, Ga., have agreed to pay a $350,000 civil penalty to resolve alleged violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today. The companies have also agreed to implement company-wide storm water compliance programs at their construction sites that go beyond current regulatory requirements. EPA estimates that the agreement will keep approximately 37 million pounds of sediment from polluting the nation’s waterways each year.
Click Here

DECISIONS

U.S. EPA Takes Action Against San Francisco “Muni” following 2005 SF Bay Oil Spill. — EPA News Release, November 2, 2009
The U.S. Environmental Protection Agency is taking action against the San Francisco Municipal Transportation Agency following federal violations of the Clean Water Act and Resource Conservation and Recovery Act. On behalf of the U.S. EPA, the Department of Justice has lodged a proposed consent decree with the U.S. District Court for the Northern District of California against the city and county of San Francisco for releasing at least 940 barrels of diesel fuel — some of which entered into Islais Creek, a tributary of the San Francisco Bay.
Click Here

EPA Adds Raritan Bay Site to Nation’s Superfund List. — EPA News Release, November 2, 2009
The U.S. Environmental Protection Agency (EPA) has placed the Raritan Bay Slag site in Sayreville and Old Bridge Township, New Jersey, to the Superfund National Priorities List (NPL). The listing enables EPA to continue an investigation into the extent of contamination at the Raritan Bay Slag site and to take the proper measures to address the contamination.
Click Here

Powell Butte, Ore. Ranch Owners Ordered to Complete Hazardous Waste Cleanup. — EPA News Release, November 2, 2009
A former owner and operator of Beetham Ranch in Powell Butte, Ore. and the company he owns and controls have been ordered by the U.S. Environmental Protection Agency to complete the cleanup of hazardous wastes that began in 2007. According to the order, the former owner and operator, Dennis C. Beetham, and his company, D.B. Western, Inc., are to finish cleanup operations at the ranch that have already resulted in the removal of nearly 265 tons of hazardous waste, 241 tons of industrial waste and 3000 tons of solid waste.
Click Here

Other Articles about the same topic:

EPA issues ultimatum on toxic waste: If ex-owner doesn’t clean up site, agency will – and cost may triple. — Lauren Duke, The Bulletin, November 3, 2009
The federal government issued an ultimatum Monday to the former Powell Butte rancher charged with dumping hazardous waste on his property: Clean up the ranch or the U.S. Environmental Protection Agency will — and it could cost triple. Dennis Beetham, who owns the formaldehyde manufacturing company D.B. Western Inc., could have the hazardous waste cleaned up by the end of December, if he follows an EPA timeline, and no new waste is discovered. If Beetham declines to voluntarily clean the site, the EPA will step in and finish the work but could charge triple the cost, plus other penalties.
Click Here

EPA adds U.S. Magnesium to Superfund site list. — EPA News Release, November 2, 2009
The U.S. Environmental Protection Agency, with support from the Utah Department of Environmental Quality (UDEQ), today announced it has added U.S. Magnesium, LLC, in Tooele County, Utah, to the National Priorities List (NPL) of Superfund sites. Listing U.S. Magnesium on the NPL makes the cleanup of the site a high priority nationally. It also enables EPA and UDEQ to use Superfund authority under the Comprehensive Environmental Response, Compensation and Liability Act to initiate and oversee the cleanup of the site. Sites listed on the NPL are among the nation’s most contaminated places.
Click Here

Other Article about the same topic:

US Mag plans to challenge EPA superfund designation. — Tom Jenneman, AMM.com, November 3, 2009
US Magnesium LLC said it will challenge the U.S. Environmental Protection Agency’s addition of its site in Tooele County, Utah, to the National Priorities List (NPL) of Superfund sites. The designation makes the cleanup of the area surrounding the magnesium plant a high priority and would enable the EPA and the Utah Department of Environmental Quality to compel US Mag to pay for some or the entire cleanup.
Click Here

U.S. EPA directs Chevron subsidiary Texaco Inc. to complete cleanup work investigation at Pacific Coast Pipeline Superfund site. — EPA News Release, November 4, 2009
The U.S. Environmental Protection Agency has issued a Unilateral Administrative Order to Texaco Inc. that requires the company to assess soil and groundwater contamination and evaluate additional cleanup options, for the Pacific Coast Pipeline Superfund Site (commonly known as the “Texaco site”) in Fillmore, Calif.
Click Here

U.S. EPA fines Long Beach landlord $7,952 over lead-based paint violations // Landlord cooperated with the investigation. — EPA News Release, November 4, 2009
The U.S. Environmental Protection Agency has fined a Long Beach, Calif., property owner $7,952 for allegedly violating federal lead-based paint disclosure requirements at six rental properties located at 1444 Chestnut Ave. During a routine inspection in 2005, the EPA discovered that residential property owner James Williams failed to disclose whether reports about lead-based paint or lead hazards existed for his apartment complex prior to tenants signing lease agreements which was in violation of the federally regulated Toxic Substances Control Act.
Click Here

Madison faces potential fine over sewage spill. — The Associated Press, November 4, 2009
The former superintendent of Madison’s sewage treatment plant could face up to a year in prison and a $100,000 fine after he was accused of negligently polluting the Ohio River. The U.S. Department of Justice on Tuesday charged David W. Hawkins and the city with violating the Clean Water Act. The Justice Department says Hawkins didn’t follow advice from environmental officials in 2007 to “reseed” the plant with live organisms to treat waste. As a result, untreated sewage entered the river.
Click Here

EPA fines California pesticide distributor. — The Associated Press, November 4, 2009
UThe Environmental Protection Agency has fined a California company nearly $100,000 for 21 alleged violations of federal pesticide laws. The agency says Wilber-Ellis Co., a national distributor of agricultural products, has agreed to pay $99,600 to resolve allegations that emerged from investigations in Idaho, Arizona, the Navajo Nation and the Fort Mojave Indian Tribe.
Click Here

Oregon Judge Rules for Army in Incineration Lawsuit. — PRNewswire, November 5, 2009
An Oregon judge denied a motion for summary judgment against the State of Oregon regarding Army chemical weapons destruction at the Umatilla Chemical Depot, Hermiston, Ore. Judge Michael H. Marcus, Judge for the Circuit Court of the State of Oregon, denied the petitioner’s motion for summary judgment and entered a judgment in favor of the State of Oregon and its co- defendants in the case, including the U.S. Army.
Click Here

Judge Busch Could Block New Bike Lanes Through March 2010. — Michael Rhodes, SF.StreetsBlog.org, November 2, 2009
The injunction that has hung like a pall over San Francisco’s efforts to improve bicycle infrastructure for the city’s growing number of bicyclists will remain for at least another ten days, and could continue in partial or full form until March 2010 or beyond. A judge today delayed decision on lifting the three-year-old bike injunction, instead ordering both the city and Mary Miles, attorney for Rob Anderson, who first sought the injunction, to submit additional materials by November 12. The judge could then lift the injunction completely, lift it partially for sharrows and bike racks but not bike lanes, or uphold it until a 2010 hearing on the city’s environmental review of the bike plan.
Click Here

WWP Wins Summary Judgment from OHA in Arizona on the Byner Complex Allotments. — Western Watersheds Project News Release, November 4, 2009
Western Watersheds Project (WWP) successfully appealed a grazing permit decision issued by the Kingman Field Office, Bureau of Land Management (BLM), because the BLM violated the National Environmental Policy Act (NEPA) on the Big Sandy, Los Molinos, and Diamond Joe Allotments (collectively called the “Byner Complex”). The Byner Cattle Company (permittee) is a subsidiary of Freeport-McMoRan Copper Company, one of the world’s largest copper and gold mining companies.
Click Here

REGULATORY ACTIONS

Portland, OR Adopts Aggressive Climate Change Policy. — SustainableBusiness.com News, November 2, 2009
Portland, Oregon is adopting one of world’s most aggressive programs in the US to reduce greenhouse gas emissions (GHG). The City Council passed a 40-year plan with a 4-0 vote. Under the Climate Action Plan, the city of Portland and surrounding county, Multnomah County, will slash GHG 80% below 1990 levels by 2050.
Click Here

Bush’s Stream-Buffer Rule for Mining Will Remain Until 2011. — Patrick Reis, Greenwire in The New York Times, November 2, 2009
The Interior Department will leave in place George W. Bush-era changes to a rule designed to protect streams from mountaintop-removal coal mining until 2011, according to court documents filed by the Obama administration Friday. A new “stream-buffer zone” rule could “optimistically” be finished by early 2011, Glenda Owens, acting director of Interior’s Office of Surface Mining, said in papers filed Friday.
Click Here

Some Fear EPA Regulations for Future of Reservation Power Plants. — Dan Restko, NAZ Today, November 2, 2009
The U.S. Environmental Protection Agency has proposed rules that would require the Navajo Generating Station and the Four Corners Power Plant to install new emissions equipment which could potentially put power rates out of reach for users. The plant supplies low-cost electricity for the Central Arizona Project Canal to pump water to Phoenix and Tucson. Though the supply of electricity comes at a price, the EPA ranks Navajo as the nation’s third largest emitter of nitrogen oxides and Four Corners as the second largest. Some fear the cost of curbing these carbon emissions will have a great impact on the Hopi and Navajo Indian reservations. The coal burned to produce electricity is mined on these reservations and tribal members provide a large portion of the labor needed to keep the plant running. There is the possibility that many tribe members could lose their jobs if the plant closed.
Click Here

Secretary Salazar, FERC Chairman Wellinghoff Sign Agreement to Spur Renewable Energy on the U.S. Outer Continental Shelf. — EPA News Release, November 2, 2009
Secretary of the Interior Ken Salazar and Federal Energy Regulatory Commission Chairman Jon Wellinghoff today signed an agreement that clarifies their agencies’ jurisdictional responsibilities for leasing and licensing renewable energy projects on the U.S. Outer Continental Shelf. The Memorandum of Understanding clears the way for developing wind, solar, wave, tidal and ocean current energy sources.
Click Here

EPA Extends Comment Period on Proposed Dow Chemical Agreement; Meeting Nov. 5, 7 p.m. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency Region 5 has extended its comment period on a proposed EPA and Michigan Department of Environmental Quality agreement with the Dow Chemical Co. The agreement outlines the next steps in a comprehensive Superfund evaluation of contamination in the Tittabawassee River and Saginaw River and Bay and their floodplains. The comment period began that Oct. 19 has now been extended 30 days to Dec. 17.EPA and MDEQ will not sign any agreement—contained in a legal document called an administrative order on consent—until after the agencies have engaged the community and fully considered public comment. A public meeting will be held Nov. 5, 7 p.m., at Saginaw Valley State University, Curtiss Hall, Banquet Rooms A&B, 7400 Bay Road, Saginaw. EPA will hold a question-and-answer session and accept public comments at the meeting.
Click Here

Other Articles about the same topic:

EPA extends comment period on Dow cleanup plan. — The Associated Press, November 2, 2009
Federal officials are giving the public an extra month to comment on a proposed deal with Dow Chemical Co. on designing a cleanup of dioxin contamination near its Midland plant. The comment period began Oct. 19 and had been scheduled to end Nov. 17. But the Environmental Protection Agency said Monday it has been extended until Dec. 17.
Click Here

Coal ash disposal loophole is feared as EPA considers new rules. — Anne Paine, The Tennessean, November 3, 2009
The U.S. Environmental Protection Agency is considering designating coal ash from power plants as hazardous material if it’s kept wet, and non-hazardous if it’s moved to a dry landfill. The new option was included with other possibilities already under discussion in a General Accountability Office document released Friday, drawing criticism from environmentalists. The EPA has said it will make a decision on regulating coal ash by the year’s end.
Click Here

Other Articles about the same Topic:

Response to EPA Administrator’s Request for Investigation into Allegations of a Cover-up in the Risk Assessment for the Coal Ash Rulemaking. — U.S. Environmental Protection Agency, Office of Inspector General Report, November 2, 2009
U.S. EPA Inspector General  releases Report on “Cover Up” in the Risk Assessment for the Coal Ash Rulemaking. Click Here

The Halliburton Loophole. — Editorial, The New York Times, November 2, 2009
Among the many dubious provisions in the 2005 energy bill was one dubbed the Halliburton loophole, which was inserted at the behest of — you guessed it — then-Vice President Dick Cheney, a former chief executive of Halliburton. It stripped the Environmental Protection Agency of its authority to regulate a drilling process called hydraulic fracturing. Invented by Halliburton in the 1940s, it involves injecting a mixture of water, sand and chemicals, some of them toxic, into underground rock formations to blast them open and release natural gas.
Click Here

Farm Bureau calls EPA buffer-zone rules ‘unworkable.’ — Kate Campbell, California Farm Bureau Federation, November 4, 2009
New federal rules that threaten common agricultural practices have sparked a strong response from Farm Bureaus in four Western states. At issue are new pesticide label restrictions and expansive buffer zones near streams, intended to protect salmon and steelhead. But future actions could affect a greater range of species habitat and materials. The initial decision specifically affects the use of three organophosphates—chlorpyrifos, malathion and diazinon—but other reviews will follow.
Click Here

Rules on Modified Corn Skirted, Study Says. — Andrew Pollack, The New York Times, November 5, 2009
As many as 25 percent of the American farmers growing genetically engineered corn are no longer complying with federal rules intended to maintain the resistance of the crops to damage from insects, according to a report Thursday from an advocacy group. The increase in farmers skirting the rules, from fewer than 10 percent a few years ago, raises the risk that insects will develop resistance to the toxins in the corn that are meant to kill them, the report says. And it raises questions about whether the Environmental Protection Agency and the agricultural biotechnology industry are adequately enforcing the rules.
Click Here

Report urges big cuts in phosphorous on upper, middle Charles River. — David Dahl, The Green Blog, November 5, 2009
A draft report from the US Environmental Protection Agency and the state Department of Environmental Protection calls for cutting annual phosphorous levels by 49 percent along the 70-mile upper and middle stretches of the Charles River. The state agency is accepting written public comments on the plan through Nov. 30.
Click Here

Md., other states warned about bay cleanup: EPA presses for detailed plans to cut pollution. — Timothy B. Wheeler, The Baltimore Sun, November 5, 2009
Federal officials said Wednesday they have given marching orders to Maryland and other states that drain into the Chesapeake Bay to come up with detailed plans for reducing pollution plaguing the estuary, warning that states face development shutdowns or other as-yet unstated consequences if the water fails to get cleaner. At the same time, the Environmental Protection Agency made the cleanup goal potentially easier to reach, saying new analysis indicates pollution doesn’t need to be curbed as much as previously thought to shrink the “dead zone” in the bay that starves fish, crabs and oysters every summer of the oxygen they need to breathe.
Click Here

EPA Proposes New Pesticide Labeling to Control Spray Drift and Protect Human Health. — EPA News Release, November 4, 2009
The U.S. Environmental Protection Agency has rolled out proposed guidance for new pesticide labeling to reduce off-target spray and dust drift. The new instructions, when implemented, will improve the clarity and consistency of pesticide labels and help prevent harm from spray drift. The agency is also requesting comment on a petition to evaluate children’s exposure to pesticide drift.
Click Here

Other Articles on the Same Topic:

EPA to curb pesticide drifts. — Doris de Guzman, Green Chemicals, November 4, 2009
I guess pesticide is the topic for this week after reporting about carbofuran. This time, the US Environmental Protection Agency (EPA) is proposing a new pesticide labeling to reduce off-target spray and dust drift. The agency is also requesting comments on a petition to evaluate children’s exposure to pesticide drift. The new labels will have uniform and specific directions on restricting spray drift as well as prohibit drift that could cause health or environmental effects. Examples of guidelines could include no spray buffer zones, restrictions on droplet or particle size, nozzle height, weather conditions, etc.
Click Here

Navistar Opposes Request For Delay In Diesel-Exhaust Case. — Bob Tita, The Wall Street Journal, November 4, 2009
Navistar International Corp. (NAV) said it’s opposed to delaying its court challenge of federal guidelines for complying with new, tougher standards for diesel-engine exhaust. The U.S. Environmental Protection Agency late last month asked a federal appeals court to postpone proceedings on Navistar’s case for 60 days while the agency reconsiders its compliance guidelines.
Click Here

EPA to impose standards on PVC plant emissions. — The Associated Press, November 5, 2009
The Environmental Protection Agency will set new nationwide emission standards for makers of polyvinyl chloride, commonly known as PVC, under a settlement with environmental groups announced Thursday. EPA agreed to set emission standards by July 29, 2011 for PVC manufacturers as part of a settlement with three environmental groups that sued EPA last year for failing to impose emission standards on PVC manufacturers in Louisiana.
Click Here

Spokane River cleanup plan draws criticism. — The Associated Press, November 5, 2009
A proposal to reduce phosphorus pollution in the Spokane River over the next decade has drawn criticism from business, government and environmental groups. In comments to the state Ecology Department, Inland Empire Paper Co. says new pollution limits might put it out of business. City officials in Idaho say Washington regulators are overstepping their authority. And, environmentalists say the plan fails to set an accurate limit on phosphorus in the river.
Click Here

EPA Announces Plans to Regulate Post-Construction Stormwater Runoff, Requests Comment on Draft Industry Survey to Inform Rulemaking. — Environmental Observer, November 5, 2009
The U.S. Environmental Protection Agency (EPA) has announced that it will propose and take final action by Nov. 2012 on a first-time national rule that would restrict stormwater discharges from newly developed and redeveloped sites.  Currently, EPA is requesting the construction industry’s feedback on a draft questionnaire that will inform and guide the new stormwater runoff rulemaking.  The final industry questionnaire would require certain general contractors to provide detailed technical information for up to 10 projects completed in 2009 – including project type/size, stormwater management controls and associated costs, discharge permit forms – as well as company-wide financial information spanning the last five years.
Click Here

Gulf Coast Communities Praise EPA Plan to Limit PVC Plant Pollution: Court settlement reached, agency to limit emissions of cancer-causing toxins starting in July 2011. — Common Dreams.org, November 5, 2009
November 5 – Edgar Mouton, 74, has lived in Mossville, Louisiana for all his life and for most of those years he’s lived near a PVC plant. In his community Mr. Mouton said there are unnatural rates of cancer, lung disease and asthma – which he believes is directly linked to the PVC plant nearby. There’s also the stink that smells like rotten eggs, he said. But thankfully, the U.S. Environmental Protection Agency has agreed to begin regulating the host of toxins released from PVC plants by July 29, 2011.
Click Here

Comment Called on Ivanpah Solar Thermal Project. — The BioEnergySite.com, November 5, 2009
The California Energy Commission is calling for final comments on the plans for a 400MW soplar plant in the Ivanpah Valley. A joint Final Staff Assessment/Draft Environmental Impact Statement (FSA/DEIS) for the proposed Ivanpah Solar Electric Generating System Project is now available for public comment. California Energy Commission staff and the Bureau of Land Management (BLM) completed the document, which will be open for comments until 11 February 2010. The facility is proposed by BrightSource Energy on land managed by the BLM in the Ivanpah Valley near Interstate 15 in San Bernardino County. The facility would help meet California’s goals of reducing greenhouse gas emissions and producing 33 percent of its electricity from renewable resources by 2020.
Click Here

U.S. EPA Makes Available Data on Compliance with Hazardous Waste, Air Regulations. — EPA News Release, November 6, 2009
The U.S. Environmental Protection Agency (EPA) released new information on EPA and state enforcement of hazardous waste and air regulations. In addition, the EPA posted data that allows the public, for the first time, to compare toxic releases with compliance data from facilities. This is part of EPA’s ongoing commitment to increase transparency and promote the public’s right to know by improving access to available data.
Click Here

EPA to accelerate Ches. Bay plan. — WAVY.com, November 6, 2009
The Environmental Protection Agency announced plans to accelerate its Chesapeake Bay Plan. They’re working to fulfill the mandate of President Obama’s executive order on Chesapeake Bay protection and restoration. Industry in Virginia and five other states, as well as the District of Columbia, will be under the microscope and faced with some deadlines.
Click Here

EPA Wants Real-World Environmental Data From the Smart Grid. — Jeff St. John, Greentech Media, November 6, 2009
The Environmental Protection Agency is eager to see some utility data on the positive environmental impacts of smart grid deployments around the country. Just what it wants to do with the data is still up in the air.That’s the gist of comments EPA representative Stacy Angel made in a Thursday conference call hosted by the Electric Power Research Institute.
Click Here

EPA says Churchrock cleanup delayed: Disposal mulled. — EPA News Release, November 2, 2009
After receiving overwhelming opposition to a cleanup plan for the Northeast Churchrock Mine, the U.S. Environmental Protection Agency is going back to the local community to try to work through concerns. The Navajo Nation wants complete removal of an estimated 900,000 cubic yards of radium-contaminated soils.
Click Here

LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

Professor sues EPA about asbestos on Marco Island property. — Mesthelioma and Asbestos, November 1, 2009
Mario Sanchez is a professor at Miami-Dade College in Florida who lives on Marco Island. He is now suing the Environmental Protection Agency (EPA) because the agency failed to release information about asbestos that was found on city property back in 2005 as required by the Freedom of Information Act. Asbestos fragments had been found on a construction staging site that become Veterans’ Community Park. Crushed asbestos pipe had been discovered on park property in October 2005, something that had sparked controversy at the time. Quality Enterprises, the contractor on that project, was required to pay for proper asbestos removal as well as disposal.
Click Here

NJ Attorney General files suit to halt dredging and deepening of Delaware River. — The Gloucester County Times, November 2, 2009
Attorney General Anne Milgram announced today that the state has followed through on Governor Corzine’s direction to file a lawsuit against the U.S. Army Corps of Engineers seeking to block the planned dredging and deepening of the Delaware River shipping channel on grounds the project violates environmental laws. Filed in U.S. District Court in New Jersey, the lawsuit seeks to enjoin the Corps of Engineers from moving ahead with the deepening project until it conducts comprehensive sampling and analysis of sediment to be dredged from the Delaware River bottom. Governor Corzine announced last week that the suit would be filed if the Army Corps did not suspend its plan to issue a “Notice to Proceed.”
Click Here

Group Sues EPA for Background on Disputed Radiological Cleanup Guide. — Global Security Newswire, November 2, 2009
An activist organization last week sued the U.S. Environmental Protection Agency in hopes of obtaining internal comments used in preparing a draft guide that could relax requirements for decontaminating sites affected by radiological incidents such as a “dirty bomb” attack, Environment and Energy Daily reported last. The lawsuit, filed by Public Employees for Environmental Responsibility, seeks background analyses used by the Bush administration to formulate the draft Protective Action Guidance for Radiological Incidents. The organization submitted a Freedom on Information Act request last June for all discussion of the draft at the Environmental Protection Agency and other government offices, arguing that the material would help determine “whether EPA is meeting its mission of protecting the environment and public health with respect to radiation releases.”
Click Here

U.S. EPA takes enforcement action against the Wilbur-Ellis Company for 21 violations of federal pesticide law. — EPA News Release, November 3, 2009
The U.S. Environmental Protection Agency has fined a California-based national distributor of agricultural products, the Wilbur-Ellis Company, $99,600 for 21 alleged violations of federal pesticide law.The case was the result of investigations conducted by regulators in Arizona, Idaho, Navajo Nation, Ft. Mojave Indian Tribe, and EPA’s Pacific Southwest and Pacific Northwest Regional Offices.
Click Here

Farm Bureau Petitions U.S. Supreme Court on Pesticide Case. — The Voice of Agriculture, November 3, 2009
The American Farm Bureau Federation has filed a petition with the U.S. Supreme Court, asking the high court to review a lower court ruling that will otherwise impose Clean Water Act permitting requirements on the application of pesticides on, over or near water. “Allowing the lower court ruling to stand would pose serious challenges to farmers battling pests,” said AFBF President Bob Stallman. “When pests strike, time is of the essence, and any length of time waiting for permit approval for products that are already approved would be disastrous.”
Click Here

Fish processing plant in Haines, Alaska faces a possible $177,500 fine for discharging fish waste without a permit. — EPA News Release, November 3, 2009
The U.S. Environmental Protection Agency has filed a complaint against Chilkoot Fish & Caviar, Inc. for violations of the federal Clean Water Act. The violations occurred at Chilkoot’s fish processing plant located at Mile 5 Lutak Road in Haines, Alaska. The company, which repeatedly violated its permit over a four year period, could face a penalty of $177,550, the maximum civil penalty allowed under the Clean Water Act. EPA alleges that Chilkoot violated the Clean Water Act by discharging fish processing waste into Lutak Inlet without a National Pollutant Discharge Elimination System (NPDES) permit. The administrative complaint alleges illegal discharge activities from May to October in 2004, 2005, 2006 and 2007.
Click Here

Lawsuits have Shell debating Arctic drilling. — John Donovan, Royal Dutch Shell PLC.com, November 5, 2009
Shell, the giant oil company that hopes to open a new petroleum frontier for Alaska, says it will decide within months whether to risk sending a large fleet of vessels to drill for oil and gas in the Beaufort and Chukchi seas next summer. Scientists say Alaska’s Arctic waters could hide a massive storehouse for oil and natural gas, estimated to nearly rival the onshore discoveries of the North Slope. Betting on that, Shell two years ago spent more than $2 billion to obtain leases in the two seas and mobilized hundreds of millions of dollars’ worth of equipment to Alaska.
Click Here

NCC appeals Clean Water ruling. — Southwest Farm Press, November 4, 2009
The National Cotton Council of America and other agricultural groups filed a petition for certiorari to the U.S Supreme Court seeking reversal of the Sixth Circuit decision in NCC v. EPA. According to an NCC news release, the decision “imposes unnecessary and hampering regulations upon producers and health officials.” “The Sixth Circuit reversed over 30 years of precedent by using an unorthodox rationale that substituted its reasoning for the EPA’s informed decision-making,” NCC Chairman Jay Hardwick said. “The regulation that was struck down exempted certain pesticide applications from the Clean Water Act’s NPDES (discharge) permit requirement if the application was made in accordance with the FIFRA label provisions.”
Click Here

Federal lawsuit could affect Rosemont project. — Dick Kamp, Green Valley News and Sun, October 20, 2009
A lawsuit challenging a Bush administration policy that allows mines on federal land to deposit waste on valid mine claims was filed Tuesday in Federal District Court. The lawsuit was filed by the Western Mining Action Project on behalf of the environmental group Earthworks, Tucson-based Save the Scenic Santa Ritas (SSSR), Native American nonprofit-Western Shoshone Defense Project, Great Basin Resource Watch in Nevada, and High Country Citizens’ Alliance in Colorado.
Click Here

EPA Says Berkeley Violated Water Act. — Riya Bhattacharjee, The Berkeley Daily Planet, November 5, 2009
The East Bay Municipal Utility District and Berkeley are in trouble with the Environmental Protection Agency for violating the federal Clean Water Act. The EPA charged EBMUD and nine East Bay cities, including Berkeley, with discharging illegal flows through their sanitary sewer systems during rainy weather.
Click Here

U.S. Justice Department sues two Chicago area power plants. — Miriam Y. Cintron, Gazette, November 6, 2009
From her home in the Pilsen neighborhood, Leila Mendez can see smoke billowing from the top of Fisk Generating Station, a coalfired power plant that has been generating electricity since 1903. The smoke is particularly thick late at night as it streams from Fisk’s towering smokestack, said the lifelong Pilsen resident, who believes the air pollutants from the plant led to her being diagnosed with a phyllodes tumor — a rare form of breast cancer—in 1998.
Click Here

Groups Sue Uncle Sam to Protect Turtles. — Maria Dinzeo, Courthouse News Service, November 6, 2009
Shrimp fishers joined sea turtle advocates in claiming that the State Department puts turtles and fishermen’s livelihoods at risk by failing to ensure that foreign commercial shrimp boats comply with the same turtle conservation standards as domestic boats. Turtle Island Restoration Network and a fishing village in Florida say the State Department never prepared an environmental impact statement on whether its decision allowing 15 countries to export shrimp to the United States jeopardizes seven species of endangered sea turtles.
Click Here

Environmentalists Call on EPA to Halt TransAlta Emissions. — The Chronicle, November 6, 2009
Environmentalists once again took aim at emissions from TransAlta’s Centralia steam-electric coal plant this week, this time calling on the federal government to step in. EarthJustice, on behalf of the National Parks Conservation, the Sierra Club and others, filed a petition with the Environmental Protection Agency earlier this week asking the agency to object to the air pollution permit for the plant. The permit was granted by the Southwest Washington Clean Air Agency, which has said it lacks the regulatory power to reign in TransAlta’s emissions.
Click Here

CBF uses Clean Water Act to challenge air pollution permit. — Karl Blakenship, Bay Journal, November 6, 2009
The operators of a proposed coal-fired power plant in Virginia are planning to use a state-of-the-art system to control its emissions, in compliance with air pollution laws. But in an unusual twist, an environmental group warns that it will challenge permits for the plant-not for polluting the air, but because the plant’s emissions will contribute to water pollution when they fall back to Earth. The Chesapeake Bay Foundation contends that the power plant, proposed for construction in Surry County by Old Dominion Electric Cooperative, would violate the law because its emissions would contribute mercury to nearby waterways, many of which are listed as “impaired” by state and federal agencies because of mercury concentrations.
Click Here

STATE & FEDERAL ENVIRONMENTAL LEGISLATION

Boxer Pushes Ahead With Climate Markup Tomorrow; GOP Still Plans to Boycott. — Darren Samuelsohn, Climatewire in The New York Times, November 2, 2009
Full-blown partisan warfare is expected tomorrow when Democrats try to begin a markup of global warming legislation in the Senate Environment and Public Works Committee despite plans by the panel’s seven Republicans to skip the meeting altogether. Chairwoman Barbara Boxer (D-Calif.) plans to proceed under a rarely used interpretation of the committee’s rules that allows her to start and finish the markup so long as a majority of the panel’s members are present, rather than longstanding precedent requiring two minority members to be in attendance, according to sources on and off Capitol Hill.
Click Here

Cap-and-trade mirage. — Laurie Williams and Allan Zabel, The Washington Post, October 31, 2009
Supporters of the climate bill passed by the House and the similar bill under consideration in the Senate — including President Obama and Democratic congressional leaders — say that the cap-and-trade approach would guarantee greenhouse-gas reductions. But this claim ignores the flaws inherent in both bills that would undermine even their weak emissions-reduction targets and would lock in climate degradation.
Click Here

E.P.A. Lawyers Challenge ‘Cap and Trade’ for Climate. — Andrew C. Revkin, The New York Times, November 2, 2009
When an economist at the Environmental Protection Agency rejected the Obama administration’s stance on global warming by  writing an unsolicited report challenging the scientific consensus on greenhouse dangers, groups fighting restrictions on greenhouse gases hailed him as  a courageous maverick. Climate campaigners said he was  irrelevant and ill informed. Now two more functionaries at the agency — Laurie Williams and Allan Zabel, who are lawyers and a married couple — have sharply criticized the core element of climate legislation pushed by Democratic lawmakers and President Obama.
Click Here

Chairman Boxer Responds to GOP Ranking Members on Mark-up: Offers EPA Briefing on Economic Analysis and Additional Time for Amendments. — U.S. Committee on Environment and Public Works News Release, November 2, 2009
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, today responded to a letter from six Ranking Members of Senate Committees regarding analysis of S. 1733, the Clean Energy Jobs and American Power Act.
Click Here

Will Boxer, Pelosi, and Waxman Pre-empt Their Own State? . — Mike Sandler, The Huffington Post, November 3, 2009
The climate change bill currently being debated by California Senator Barbara Boxer’s Environment and Public Works Committee pre-empts California’s ability to set a tighter cap on greenhouse gas emissions. Considering the clout of the Golden State on climate in D.C., why have Senator Boxer, Speaker Pelosi, and Rep. Waxman traded away their own state’s special status that has been enshrined in the Clean Air Act for over 30 years?
Click Here

US Chamber Supports Kerry-Graham Climate Proposal Principles . — Ian Talley, Dow Jones Newswires, November 3, 2009
The U.S. Chamber of Commerce Tuesday said it supports most of the principles outlined in a bipartisan  climate change proposal offered by Sens. John Kerry, (D., Mass.) and Lindsey Graham, (R., N.C.) and the organization is open to considering a federal cap on emissions as one possible legislative solution. The comments, made in a letter to Senators currently considering climate change legislation in the Environment and Public Works Committee, comes after several high-profile departures from the Chamber.
Click Here

Senate Panel Approves Climate Change Bill Despite GOP Boycott. — Kris Alingod, All Headline News, November 5, 2009
The Senate Environment and Public Works Committee reported out a climate change bill on Thursday despite a boycott by Republican members, who had required a complete analysis of the measure before participating in the committee debate. The bill crafted by Chair Barbara Boxer (D-CA) and Sen. John Kerry (D-MA) passed by a vote of 11-1, with none of the seven Republicans in the committee voting. The sole lawmaker who cast a “nay” was Sen. Max Baucus (D-MT), a moderate Democrat who wants a lower carbon reduction target that can gain enough votes on the full Senate floor.
Click Here

Other Articles about the Same Topic:

Voinovich joins Senate panel’s climate-change markup under protest. — Nick Snow, Oil & Gas Journal, November 4, 2009
As other Republicans boycotted the US Senate Environment and Public Works Committee’s markup of global climate-change legislation on Nov. 3, George V. Voinovich (Ohio) showed up to work with what he said was still incomplete information. “I agree with you that climate change and how our nation addresses it is of incredible importance,” he told Barbara Boxer (D-Calif.), the committee’s chairwoman, in his opening statement. “But, in my 44 years in public service, I have learned that tackling significant problems requires the best information available and the most rigorous analysis from unbiased sources. I don’t recall ever finding meaningful solutions with incomplete information and partisanship.”
Click Here

Boxer Statement on Committee Passage of S. 1733 – The Clean Energy Jobs and American Power Act. — U.S. Senate Committee on Environment & Public Works News Release, November 5, 2009
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, today released the following statement regarding the Committee’s approval of S. 1733, the Kerry-Boxer Clean Energy Jobs and American Power Act.  The bill passed the committee on a vote of 11-1, with all seven Republican members absent.
Click Here

Enviro Groups Face Some Tough Decisions on Path to Climate Bill. — Alex Kaplan, ClimateWire in The New York Times, November 6, 2009
For the past year, major environmental groups have framed the climate change bill as the movement’s single most significant piece of legislation in several decades — if not ever — dedicating the bulk of their political muscle and heavy financial resources to passage of the effort. But as the bill moves forward, with this summer’s historic House vote and yesterday’s Senate committee markup, some question whether in their quest to get a bill, environmentalists and their allies are far too willing to compromise on historic priorities such as offshore drilling and nuclear power.
Click Here

Center for Biological Diversity Statement on Senate Climate Bill. — Center for Biological Diversity, November 6, 2009
Capping a week in which the U.S. Senate Environment and Public Works Committee overwhelmingly passed a weak global warming bill with no Republican support, Center for Biological Diversity Executive Director Kierán Suckling issued the following statement: “It is a sad day when the lead environmental committee in the Senate passes a bill (S. 1733) that contains pollution-reduction goals far less than scientists tell us are necessary to stem global warming and avert catastrophe. It is even more distressing that this bill contains Clean Air Act exemptions that will eliminate the Environmental Protection Agency’s longstanding duty to reduce greenhouse pollutants based on scientific standards. This is not a time to cheer. The fossil-fuel industry has received what it wants and will now seek more.
Click Here

Congress moves to control all U.S. water. — Jim Kouri, Examiner.com, November 4, 2009
Civil libertarians are warning Americans about the ambitions of federal lawmakers to control all waters within the United States including those on private property, in the latest power grab by politicians in Washington, DC. According to the American Land Rights Association, the Obama Administration and Congress are attempting to pass the Clean Water Restoration Act of 2009 (S787) that would amend the 1972 Clean Water Act and replace the words “navigable waters” with “waters of the United States.”
Click Here

OTHER ENVIRONMENTAL NEWS

Great Lakes skies clearing of particulates; Chicago no longer on violator list. — Sarah Coefield, Great Lakes Echo, November 2, 2009
Great Lakes particle polluters are cleaning up their acts. The number of areas violating one particulate pollution standard has fallen from 36 to 12 in the past year, according to a recent report by the U.S. Environmental Protection Agency.Large cities like Detroit, Milwaukee, Cleveland, Pittsburgh and New York City still report problems. But Chicago is notably absent from the list of particulate polluters.
Click Here

San Antonio’s air quality passes EPA muster in 2009. — San Antonio Business Journal, November 2, 2009
The San Antonio area survived another ozone season to remain in compliance with federal air quality standards, according to the Alamo Area Council of Governments. This distinction means that San Antonio will likely maintain its status as the largest city in the United States with the cleanest air. This is despite the fact that the Environmental Protection Agency tightened its standards for ozone pollution in 2008. The 2009 ozone season officially ended Oct. 31.
Click Here

Kinnickinnic River Cleanup Means a Revitalized Milwaukee Neighborhood. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency, Wisconsin Department of Natural Resources, the City of Milwaukee and other partners have taken another step today toward protecting the Great Lakes, the Milwaukee community and the local economy. The $22 million Kinnickinnic River Legacy Act cleanup sets the course for a more navigable river, redeveloped businesses and a revitalized riverfront for the surrounding neighborhood.
Click Here

BP Texas City Refinery Formally Contests OSHA Citations. — BP News Release, October 30, 2009
BP Products North America Inc. (“BP Products”) today formally contested all of the citations, including alleged violations and proposed penalties, abatement actions and abatement dates disclosed to the company late Thursday by the Region 6 Office of the U.S. Occupational Safety and Health Administration. The majority of citations relate to a previously announced disagreement between OSHA and BP as to whether BP is in compliance with a 2005 OSHA Settlement Agreement reached after the March 2005 accident at the Texas City refinery.
Click Here

Houston may finally meet smog standard. — Matthew Tresaugue, Houston Chronicle, November 2, 2009
Houston, once considered the nation’s capital of dirty air, is on the verge of meeting federal limits for smog for the first time. If the numbers hold as the smog season draws to an end, the eight-county region will meet the limit for the lung-irritating pollutant by the narrowest of margins. The U.S. Environmental Protection Agency cautioned that the data is preliminary and will be scrutinized in the coming months. But at first blush, “the news is good,” EPA spokesman David Bary said.
Click Here

A Free Pass for Factory Farms? — Michael Markarian, Advocacy for Animals, November 3, 2009
By a vote of 267-147, the House passed a motion by Rep. Mike Simpson (R-Idaho), instructing the conference committee on the Interior Appropriations bill to keep an amendment by Rep. Tom Latham (R-Iowa) that prevents the Environmental Protection Agency from being allowed to gather any data on the contribution that animal agriculture makes to climate change. The House bill had included this Latham provision, but the Senate had rejected a similar amendment by Sen. Sam Brownback (R-Kansas), meaning the conferees from both chambers had to negotiate on whether it stayed in the final bill.
Click Here

Plants run under expired permits. — Perry Beeman and Chase Davis, Des Moines Register, November 3, 2009
Iowa lags other states in complying with clean water standards meant to better protect people, aquatic life and the rivers they use. In some communities, the federal government has been forced to step in. Some 700 sewage plants – 40 percent of all those that discharge treated wastes into streams – have operated with expired permits this year, using old standards for clean water, a Des Moines Register analysis found. Some permits haven’t been updated for 10 or more years.
Click Here

EPA, federal, state, Navajo Nation hold second summit to address uranium contamination on the Navajo Nation. — EPA News Release, November 3, 2009
Today, the U.S. Environmental Protection Agency, along with four other federal agencies, the Navajo Nation, congressional staff, academia, state, tribal and local government representatives, community members and nongovernment organizations are meeting to discuss the progress of the five-year plan to address uranium contamination on the Navajo Nation. The five-year plan, requested by the U.S. House of Representatives’ Committee on Oversight and Government Reform, is the first comprehensive strategy to address uranium-related contamination issues throughout the Navajo Nation, which spans three states and is roughly the size of West Virginia.
Click Here

Coal mines and power plant give Navajos income, controversy. — Dennis Wagner, The Arizona Republic, November 3, 2009
A green controversy fueled by coal-fired power plants is raging on America’s largest Indian reservation. On one side is Joe Shirley Jr., president of the Navajo Nation, who rejects the notion of climate change even though he recently won an international award for environmentalism. On the other are environmentalists opposed to power plants in Indian Country and to the coal mines that provide their fuel. Caught in the middle are tribal members concerned with economic survival and the protection of sacred lands. The dispute centers on fundamental questions of religion and heritage, as well as tribal finances.
Click Here

CEO: Utilities must join climate-change debate. — The Associated Press, November 5, 2009
The chief executive of a North Dakota-based electric power cooperative says utilities must be engaged in the climate-change debate and use their unified voice. Basin Electric Power Cooperative CEO Ron Harper says utilities can help develop a comprehensive plan that addresses climate change, encourages technology development and gives utilities time to develop that technology. His comments came Wednesday during Basin Electric’s annual meeting.
Click Here

Planned coal-to-gas plant clears another hurdle. — Tesa Culli, Mt. Vernon Register-News, November 2, 2009
The Illinois Environmental Protection Agency has issued a construction permit for the Power Holdings synthetic natural gas plant which is to be constructed on Tomahawk Lane. “We believe the Agency has done a good job issuing a permit in compliance with the law and in addressing public concerns,” said Joe Darguzas, vice president of Power Holdings of Illinois, LLC. “The permit is a significant milestone for us, but it is just one milestone. There is still a lot to be done.”
Click Here

America’s Most Toxic Cities. — Francesca Levy, Forbes, November 6, 2009
An urban skyline dotted with puffing smokestacks isn’t the only measure of a city’s cleanliness (or lack thereof). Most major cities suffer from a range of unseen hazards. Contaminants can seep into the ground from bygone chemical spills or shuttered steel mills. Invisible leaks at industrial complexes discharge harmful substances into the air, or the normal course of business requires factories to expel toxins that eventually find their way to the water supply.
Click Here

Other Articles on the Same Topic:

Forbes rates Atlanta ‘most toxic city’ in U.S. . — The Atlanta Journal-Constitution, November 4, 2009
Forbes said its calculations included the “number of facilities that reported releasing toxins into the environment, the total pounds of certain toxic chemicals released into the air, water and earth, the days per year that air pollution was above healthy levels, and the total number of Superfund sites.” The Superfund category refers to areas targeted by the federal government for clean-up priority due to high levels of toxicity. Forbes said that the city of Atlanta isn’t solely to blame for its pollution. It cited suburban cities such as Sandy Springs and Marietta as major contributors to the area’s toxicity. Both towns, it said, contain chemical plants, metal coaters and concrete factories. Environmental advocates blamed weak regulations for Atlanta’s problems.
Click Here

Detroit ranked second most polluted U.S. city. — Eartha Jane Melzer, The Michigan Messenger, November 5, 2009
With 66 Superfund sites, 281 facilities releasing toxic chemicals and 42,051 lbs. of toxic chemicals released each year, the Detroit-Warren-Livonia metro area was ranked the second most polluted city in the country by Forbes magazine, but some believe the methodology used by the magazine does not produce a realistic picture of environmental health hazards. Detroit ranked second most polluted U.S. city
Click Here

Coal, Rahall Caught in Political Vice. — Dan Page, WTRF.com, November 5, 2009
Political pundits tell us elections have consequences. Do they ever. West Virginia, a traditionally loyal Democratic state, is getting a new and dismaying look at Democratic politics from party leaders whose America never gets its hands dirty. Mine coal? Burn coal? Make things? American working people used to do all of that. But now our nation’s Democratic leadership is walking away from our tradition of creating the wealth that invigorates the middle class in exchange for a mystical belief that the change promised in 2008 will lead us to a better future.
Click Here

Secretary Salazar: “Time has come for a clean energy future.” — Osha Davidson, The Energy Collective, November 4, 2009
With all eco-eyes focused on the action (or, more properly, inaction) on a climate bill, other critical components of a clean energy economy can be overlooked. That was the case on Monday as the dominant news story concerned speculation about whether Republican members of the Senate Committee on Energy and Public Works would show up for Tuesday’s climate bill markup session (they didn’t). While that tragicomedy played out, a forum at the old Eisenhower Executive Office Building adjacent to the White House went largely unnoticed. The “Clean Energy Economy Forum” was hosted by the Department of the Interior, which manages one-fifth of all land in the nation (and 1.7 billion acres on the outer continental shelf). Given the shear immensity of these lands, DOI policies play an enormous role in GHG emissions and in shaping what our nation’s energy future will look like.
Click Here

US Chamber Backs Most Of Kerry-Graham Climate Proposal. — Ian Talley, Dow Jones Newswires, November 3, 2009
The U.S. Chamber of Commerce Tuesday said it supports most of the principles outlined in a bipartisan climate change proposal offered by Sens. John Kerry, (D., Mass.) and Lindsey Graham, (R., N.C.) and the organization is open to considering a federal cap on emissions as one possible legislative solution. The comments, made in a letter to senators currently considering climate change legislation in the Environment and Public Works Committee, comes after several high-profile departures by members from the Chamber.
Click Here

Pollutants, Pebble preparation threaten fish populations. — Laine Welch, Capital City Weekly, November 4, 2009
Fish and shellfish will soon get more protection from mercury and other toxins in the atmosphere that end up in US waters. The Environmental Protection Agency (EPA) announced last week that, for the first time, it is putting the brakes on fossil fuel emissions from U.S. power plants. About half of the carbon dioxide produced by burning fossil fuels is absorbed by the oceans and the resulting off kilter chemistry is beginning to wreak havoc on sea creatures.
Click Here

Rules on Modified Corn Skirted, Study Says. — Andrew Pollack, The New York Times, November 5, 2009
As many as 25 percent of the American farmers growing genetically engineered corn are no longer complying with federal rules intended to maintain the resistance of the crops to damage from insects, according to a report Thursday from an advocacy group. The increase in farmers skirting the rules, from fewer than 10 percent a few years ago, raises the risk that insects will develop resistance to the toxins in the corn that are meant to kill them, the report says. And it raises questions about whether the Environmental Protection Agency and the agricultural biotechnology industry are adequately enforcing the rules.
Click Here

Jeffersonville moves toward raising sewer bills. — Chris Quay, Courier-Journal, November 5, 2009
Jeffersonville residents could see their sewer bills nearly double as early as January if the City Council passes a new rate ordinance that already has cleared an initial vote. The council voted 7-0 Monday in the preliminary test. A final vote could come as early as the council’s next meeting Nov. 16. Average monthly sewer bills that now run about $24 per month could climb to $45 beginning next year if the council passes the ordinance before December.
Click Here

Our View: EPA targets poultry farmers. — Editorial, Delmarva Media Group, November 6, 2009
Cleaning up the Chesapeake Bay is a priority most everyone can agree on. Now the U.S. Environmental Protection Agency is getting involved in the effort, and that’s both good news and bad news. The good news is that the EPA is the place where the buck stops when it comes to environmental regulation; although the states are given a great deal of latitude when it comes to controlling and regulating pollution, the federal government has the authority to step in and accomplish what the states fail to achieve. And it’s now crystal clear that what Maryland and other Chesapeake watershed states have been doing are not making a dent in the bay’s health and well-being.
Click Here

University urges action in first Climate Change Symposium. — Rajiv Bhatia, North by Northwestern, November 5, 2009
A sense of urgency about the hazards of climate change echoed through the McCormick Tribune Center today, as people gathered to discuss global warming at Northwestern’s first Climate Change Symposium. With just about a month left before the global climate conference Copenhagen, Denmark, a host of speakers from various universities gathered in Evanston to discuss how factors like the carbon cycle, the fossil record, renewable energy and public policy affect the Earth’s climate.
Click Here

BLOGS

California’s Attempt at Regulating Greenhouse Gases and the Commerce Clause. — Rajiv Tata, Environmental Law & Climate Change Law Blog, November 2, 2009
California’s Heavy-Duty Greenhouse Gas Reduction Measure (GHG Measure) will affect the transportation of goods between California and other states, and will therefore impact interstate commerce. Although the federal government seems as though it will eventually regulate greenhouse gases, thereby possibly preempting state regulations like the GHG Measure, for now, the constitutionality of the GHG Measure will likely depend upon a dormant commerce clause analysis.
Click Here