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Weekly Update Volume 38, Issue 28

10/06/2008

 

LITIGATION

PROPERTY LAW, EASEMENTS:

The Ninth Circuit affirmed a lower court's entry of summary judgment in favor of the U.S. government dismissing a property owner's claim that he is entitled to an easement to access his property located within Glacier National Park. The National Park Service (NPS) allowed inholders some degree of motorized access over Glacier Route 7 during winter months until 1999, when it announced that it would no longer allow inholders motorized access to the road once it was closed to the general public. After the property owner was denied a special use permit allowing access to the road, he filed suit seeking to quiet title to an easement. The property owner, however, enjoys sufficient access to his property to defeat a finding of easement by necessity. Nor does he hold an express easement since his predecessor's access was not protected by an easement or other guarantee. And the doctrine of easement implied by prior use is not appropriate where, as here, title was taken by way of a public grant under the Homestead Act. The property owner also argued that the denial of his application for a special use permit violated the APA. But the NPS did not act arbitrarily, capriciously, or in violation of law when it denied the permit request. The NPS adequately explained its determination that concerns for wildlife and recreation justified closing Glacier Route 7 to motorized vehicles during the winter season.McFarland v. Kempthorne, No. 06-36106, 38 ELR 20255 (9th Cir. Oct. 2, 2008).

CERCLA, ARRANGER LIABILITY, "USEFUL PRODUCT" DEFENSE:

A district court denied a company's motion for partial summary judgment that it is not liable for response costs incurred at a former metal-smelting facility. The facility sought response costs from the company under CERCLA §107(a), arguing that the company arranged for the disposal of hazardous waste. Conversely, the company argued that it sold to the facility a useful material from which nickel could be recovered and thus arranger liability could not be imposed. But the company sold the spent nickel catalyst for much less than its market value. Thus, a reasonable fact finder could conclude that the sale was actually an arrangement for the treatment or disposal of a hazardous substance. The company also argued that the amount of nickel at the site attributable to the company did not cause the facility to incur response costs. But material issues of fact remain as to the final resting place and concentration of the spent nickel catalyst at the site. And although EPA did not require a response to nickel at the concentration found, CERCLA liability does not require a contaminant to be listed in EPA's record of decision.Tex Tin Settling Defendants Steering Committee v. Great Lakes Carbon Corp., Nos. G-96-0247, -0272, 38 ELR 20256 (S.D. Tex. Sept. 22, 2008) (Rosenthal, J.).

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

Note: Citations below are to theFederal Register(FR).

AIR:

  • EPA amended the renewable fuel standard program requirements.73 FR 57248(10/2/08).
  • EPA proposed final amendments to the renewable fuel standard program requirements; see above for direct final rule.73 FR 57274(10/2/08).
  • EPA approved revisions to Indiana's plan to control air pollutants from large municipal waste combustors.73 FR 56981(10/1/08).
  • EPA reclassified the Houston/Galveston/Brazoria ozone nonattainment area from a moderate eight-hour ozone nonattainment area to a severe eight-hour ozone nonattainment area.73 FR 56983(10/1/08).
  • SIP Approval:Ohio (discontinuance of the vehicle inspection and maintenance program in the Cincinnati-Hamilton and Dayton-Springfield areas)73 FR 57246(10/2/08).
  • SIP Proposal:New Jersey (idling of diesel-powered vehicles)73 FR 57272(10/2/08).

HAZARDOUS & SOLID WASTE:

  • EPA entered into a proposed administrative settlement under CERCLA requiring 10 settling parties to pay $498,842.94 in U.S. response costs plus $5,264.56 in calculated interest concerning the Chief Supply/Greenway Superfund site near Haskell, Oklahoma.73 FR 57621(10/3/08).
  • EPA proposed final authorization of certain changes to Idaho's hazardous waste program under RCRA.73 FR 56775(9/30/08).

MINING:

  • OSM approved an amendment to Wyoming's abandoned mine land reclamation plan under SMCRA.73 FR 57538(10/3/08).

OFFICE OF THE PRESIDENT:

  • The president issued Executive Order No. 13474 pertaining to recreational fishing opportunities nationwide.73 FR 57229(10/1/08).

WATER:

  • EPA Regions 1, 2, 3, 5, 6, 9, and 10 finalized the Agency's NPDES general permit for stormwater discharges from industrial activity.73 FR 56572(9/29/08).

WILDLIFE:

  • NOAA-Fisheries announced a 90-day finding for a petition to revise Hawaiian monk seal critical habitat under the ESA and initiated a review to determine whether revision is warranted.73 FR 57583(10/3/08).
  • FWS announced a 90-day finding on a petition to remove the California, Oregon, and Washington population of the marbled murrelet from the list of endangered and threatened wildlife under the ESA; the Agency found that removal may be warranted and initiated a status review.73 FR 57314(10/2/08).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Temrac Co., Inc., No. 08-4292 (E.D. Pa. Sept. 5, 2008). A settling CERCLA defendant must pay $1,916,448.77 in U.S. response costs and $212,938.93 in Pennsylvania response costs incurred at the Crossley Farms Superfund site in Huffs Church, Pennsylvania.73 FR 57654(10/3/08).
  • United States v. Truax Oil, Inc., No. 3:08-cv-01063-KI (D. Ore. Sept. 12, 2008). A settling CWA defendant must pay the United States and the state of Oregon civil penalties of $117,500 and $20,000, respectively, for spilling gasoline and diesel fuel into the Umpqua River near Roseburg, Oregon.73 FR 57383(10/2/08).
  • In re ASARCO LLC, No. 05-21207 (Bankr. S.D. Tex. Sept. 19, 2008). A settling CERCLA defendant must provide the United States with an allowed general unsecured claim of $13,209,783 for past and future U.S. response costs, and the debtors must not oppose disbursements from the ASARCO Environmental Trust up to $5,773,371 to perform remediation work at the East Helena Superfund Operable Unit No. 2 site in Montana.73 FR 57151(10/1/08).

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS

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

Chamber Action

  • S. 906 (Mercury Export Ban Act of 2008), which would prohibit the sale, distribution, transfer, and export of elemental mercury, was passed by the Senate, 154 Cong. Rec. S9874-76 (daily ed. Sept. 26, 2008), and the House, clearing the measure for the president. 154 Cong. Rec. H10333-34 (daily ed. Sept. 29, 2008).
  • S. 1582 (Hydrographic Services Improvement Act Amendments),which would reauthorize and amend the Hydrographic Services Improvement Act, was passed by the Senate, 154 Cong. Rec. S9862-64 (daily ed. Sept. 26, 2008), and the House, clearing the measure for the president. 154 Cong. Rec. H10613-15 (daily ed. Sept. 29, 2008).
  • S. 3109 (Hazardous Waste Electronic Manifest Establishment Act), which would to amend the Solid Waste Disposal Act to direct the Administrator of EPA to establish a hazardous waste electronic manifest system, was passed by the Senate. 154 Cong. Rec. S9874 (daily ed. Sept. 26, 2008).
  • S. 3128 (White Mountain Apache Tribe Rural Water System Loan Authorization Act), which would direct the Secretary of the Interior to provide a loan to the White Mountain Apache Tribe for use in planning, engineering, and designing a certain water system project, was passed by the House, clearing the measure for the president. 154 Cong. Rec. H10609 (daily ed. Sept. 29, 2008).
  • S. 3550 (John W. Warner Rapids Designation Act), which would designate a portion of the Rappahannock River in the commonwealth of Virginia as the "John W. Warner Rapids," was passed by the House, clearing the measure for the president. 154 Cong. Rec. H10609 (daily ed. Sept. 29, 2008).
  • H.R. 1157(Breast Cancer and Environmental Research Act), which would amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer, was passed by the Senate, clearing the measure for the president. 154 Cong. Rec. S10018 (daily ed. Sept. 27, 2008).
  • H.R. 1714 (Coastal Barrier Resources System), which would clarify the boundaries of Coastal Barrier Resources System Clam Pass Unit FL-64P, was passed by the Senate, clearing the measure for the President. 154 Cong. Rec. S10183 (daily ed. Sept. 30, 2008).
  • H.R. 2963 (Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2008), which would transfer certain land in Riverside County, California, and San Diego County, California, from the BLM to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, was passed by the House, clearing the measure for the president. 154 Cong. Rec. H10609-10 (daily ed. Sept. 29, 2008).
  • H.R. 5350 (land exchange), which would authorize the Secretary of Commerce to sell or exchange certain NOAA property located in Norfolk, Virginia, was passed by the House, clearing the measure for the president. 154 Cong. Rec. H10615 (daily ed. Sept. 29, 2008).
  • H.R. 5618 (National Sea Grant College Program Amendments Act of 2008), which would reauthorize and amend the National Sea Grant College Program Act, was passed by the House, clearing the measure for the president. 154 Cong. Rec. H10612-13 (daily ed. Sept. 29, 2008).
  • H.R. 6460 (Great Lakes Legacy Reauthorization Act of 2008), which would amend the Federal Water Pollution Control Act to provide for the remediation of sediment contamination in areas of concern, was passed by the House, clearing the measure for the president. 154 Cong. Rec. H10305 (daily ed. Sept. 26, 2008).
  • H.R. 6531 (Vessel Hull Design Protection Amendments), which would amend chapter 13 of title 17, U.S. Code, to clarify the definitions of a hull and a deck, was passed by the Senate, clearing the measure for the president. 154 Cong. Rec. S10186 (daily ed. Sept. 30, 2008).
  • H.R. 6849 (Food, Conservation, and Energy Act Amendments), which would amend the commodity provisions of the Food, Conservation, and Energy Act of 2008 to permit producers to aggregate base acres and reconstitute farms to avoid the prohibition on receiving direct payments, counter-cyclical payments, or average crop revenue election payments when the sum of the base acres of a farm is 10 acres or less, was passed by the Senate, 154 Cong. Rec. S10039 (daily ed. Sept. 29, 2008), and the House, clearing the measure for the president. 154 Cong. Rec. H10623-25 (daily ed. Sept. 29, 2008).
  • H.R. 7017 (Delaware Water Gap National Recreation Area Citizen Advisory Commission), which would amend Public Law No. 100-573 to extend the authorization of the Delaware Water Gap National Recreation Area Citizen Advisory Commission, was passed by the House. 154 Cong. Rec. H10615 (daily ed. Sept. 29, 2008).
  • H.R. 7060(Renewable Energy and Job Creation Tax Act of 2008), which would amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation, extend certain expiring provisions, and provide individual income tax relief, was passed by the House. 154 Cong. Rec. H9981-10042 (daily ed. Sept. 26, 2008).
  • H. Res. 1471 (Yosemite National Park), which would recognize the 50th anniversary of the first vertical ascent of the face of El Capitan in Yosemite National Park and honor the historic climbing feat of the original climbing team, was passed by the House. 154 Cong. Rec. H10615 (daily ed. Sept. 29, 2008).

Committee Action

  • S. 2281 (Thunder Bay National Marine Sanctuary)was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 110-511, 154 Cong. Rec. S9655 (daily ed. Sept. 26, 2008). The bill would expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve.
  • S. 2699 (oil transportation)was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 110-513, 154 Cong. Rec. S9655 (daily ed. Sept. 26, 2008). The bill would require new vessels for carrying oil fuel to have double hulls.
  • S. 3617 (water)was reported by the Committee on Environment and Public Works. S. Rep. No. 110-509, 154 Cong. Rec. S9655 (daily ed. Sept. 26, 2008). The bill would amend the Federal Water Pollution Control Act and the SDWA to improve water and wastewater infrastructure in the United States.
  • S. 3639 (lead)was reported by the Committee on Environment and Public Works. S. Rep. No. 110-515, 154 Cong. Rec. S9655 (daily ed. Sept. 26, 2008). The bill would protect pregnant women and children from lead exposures.
  • H.R. 1187 (marine sanctuaries)was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 110-516, 154 Cong. Rec. S10323 (daily ed. Oct. 1, 2008). The bill would expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary.
  • H.R. 2701 (energy)was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 110-904, 154 Cong. Rec. H10641 (daily ed. Sept. 29, 2008). The bill would promote energy efficient transportation and public buildings, create incentives for the use of alternative fuel vehicles and renewable energy, and ensure sound water resource and natural disaster preparedness planning.
  • H. Res. 1516 (energy)was reported by the Committee on Rules. H. Rep. No. 110-902, 154 Cong. Rec. H10330 (daily ed. Sept. 28, 2008). The resolution would provide for consideration of the bill (H.R. 7201) to amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation and providing for consideration of the bill (H.R. 7202) to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and to provide individual income tax relief.

Bills Introduced

  • S. 3608 (Cantwell, D-Wash.) (salmon fisheries)would establish a Salmon Stronghold Partnership program to protect wild Pacific salmon. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3609 (Clinton, D-N.Y.) (lead)would amend the Residential Lead-Based Paint Hazard Reduction Act of 1992 to define environmental intervention blood lead level. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 3610 (Menendez, D-N.J.) (fur labels)would improve the accuracy of fur product labeling. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3617 (Boxer, D-Cal.) (water)would amend the Federal Water Pollution Control Act and the SDWA to improve water and wastewater infrastructure in the United States. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 3618 (Collins, R-Me.) (plug-in hybrid vehicles)would establish a research, development, demonstration, and commercial application program to promote research of appropriate technologies for heavy duty plug-in hybrid vehicles. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3619 (Casey, D-Pa.) (Susquehanna Gateway National Heritage Area)would to establish the Susquehanna Gateway National Heritage Area in the state of Pennsylvania. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3622 (Durbin, D-Ill.) (conservation)would establish a grant program to promote the conservation of the Great Lakes. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3624 (Carper, D-Del.) (greenhouse gas emissions)would amend title 49, U.S. Code, to require states and metropolitan planning organizations to develop transportation greenhouse gas reduction plans to reduce greenhouse gas emissions from the transportation sector. 154 Cong. Rec. S9657 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 3639 (Boxer, D-Cal.) (lead)would protect pregnant women and children from lead exposures. 154 Cong. Rec. S9658 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 3642 (Durbin, D-Ill.) (drinking water)would enhance the capacity of the U.S. government to fully implement the Senator Paul Simon Water for the Poor Act of 2005 and improve access to safe drinking water and sanitation throughout the world. 154 Cong. Rec. S10004 (daily ed. Sept. 27, 2008). The bill was referred to the Committee on Foreign Relations.
  • S. 3645 (Hatch, R-Utah) (Reclamation Wastewater and Groundwater Study and Facilities Act)would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Magna Water District water reuse and groundwater recharge project. 154 Cong. Rec. S10004 (daily ed. Sept. 27, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3646 (Demint, R-S.C.) (outer continental shelf)would authorize and expedite lease sales within the outer continental shelf. 154 Cong. Rec. S10004 (daily ed. Sept. 27, 2008). The bill was read the first time.
  • S. 3650 (Murkowski, R-Alaska) (land conveyance)would resolve the claims of the Bering Straits Native Corporation and the state of Alaska to land adjacent to Salmon Lake, Alaska, and provide for the conveyance to the Bering Straits Native Corporation of certain other public land in partial satisfaction of the land entitlement of the Corporation under the Alaska Native Claims Settlement Act. 154 Cong. Rec. S10069 (daily ed. Sept. 29, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3651 (Murkowski, R-Alaska) (land claims)would provide for the settlement of certain claims under the Alaska Native Claims Settlement Act. 154 Cong. Rec. S10069 (daily ed. Sept. 29, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3653 (Clinton, D-N.Y.) (food labeling) would amend the Agricultural Marketing Act of 1946 to provide for country of origin labeling for dairy products. 154 Cong. Rec. S10069 (daily ed. Sept. 29, 2008). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3654 (Reed, D-Nev.) (housing)would improve research on health hazards in housing, enhance the capacity of programs to reduce such hazards, and require outreach. 154 Cong. Rec. S10069 (daily ed. Sept. 29, 2008). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 3661 (Voinovich, R-Ohio) (nuclear energy)would amend the Atomic Energy Act of 1954 to establish a United States Nuclear Fuel Management Corporation. 154 Cong. Rec. S10324 (daily ed. Oct. 1, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 3664 (Rockefeller, D-W.V.) (hydroelectric)would provide for the extension of a certain hydroelectric project located in West Virginia. 154 Cong. Rec. S10324 (daily ed. Oct. 1, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3669 (Voinovich, R-Ohio) (energy)would aim to reduce gas prices by promoting domestic energy production, alternative energy, and conservation. 154 Cong. Rec. S10324 (daily ed. Oct. 1, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3679 (Dole, R-N.C.) (energy)would amend the Internal Revenue Code of 1986 to expand the credit for renewable electricity production to include electricity produced from biomass for on-site use. 154 Cong. Rec. S10486 (daily ed. Oct. 2, 2008). The bill was referred to the Committee on Finance.
  • S. 3680 (Hatch, R-Utah) (energy)would amend the Atomic Energy Act of 1954 to provide for thorium fuel cycle nuclear power generation. 154 Cong. Rec. S10486 (daily ed. Oct. 2, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3682 (Snowe, R-Me.) (energy)would provide incentives to small business concerns for innovative energy-efficient technologies and products. 154 Cong. Rec. S10486 (daily ed. Oct. 2, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 7124 (Shadegg, R-Ariz.) (oil and gas)would establish procedures for causes and claims relating to the leasing of federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy. 154 Cong. Rec. H10130 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on the Judiciary.
  • H.R. 7132 (Berkley, D-Nev.) (conservation)would establish the Gold Butte National Conservation Area in Clark County, Nevada, to conserve, protect, and enhance the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the area and designate wilderness areas in the county. 154 Cong. Rec. H10130 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7142 (Delahunt, D-Mass.) (offshore renewable energy)would provide for assessment and identification of sites as appropriate for the location of offshore renewable electric energy generation facilities and provide funding for offshore renewable electric energy generation projects. 154 Cong. Rec. H10130 (daily ed. Sept. 26, 2008). The bill was referred to the Committees on Energy and Commerce, Natural Resources, and Science and Technology.
  • H.R. 7144 (Duncan, T-Tenn.) (national biological data center)would provide for a national biological data center. 154 Cong. Rec. H10130 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7145 (English, R-Pa.) (Internal Revenue Code)would amend the Internal Revenue Code of 1986 to promote environmental protection and generate preservation efforts. 154 Cong. Rec. H10130 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Ways and Means and the Committee on Natural Resources.
  • H.R. 7146 (Inslee, D-Wash.) (greenhouse gas emissions) would distribute emission allowances under a domestic climate policy to facilities in certain domestic energy-intensive industrial sectors to prevent an increase in greenhouse gas emissions by manufacturing facilities located in countries without commensurate greenhouse gas regulation. 154 Cong. Rec. H10130-31 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 7150 (Kind, D-Wis.) (fisheries)would conserve the U.S. fish and aquatic communities through partnerships that foster fish habitat conservation. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7151 (Kind, D-Wis.) (wildlife)would sustain wildlife on America's public lands. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources and the Committee on Agriculture.
  • H.R. 7160 (Moore, D-Wis.) (clean technology fund)would authorize U.S. participation in, and appropriations for U.S. contribution to, an international clean technology fund. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Financial Services.
  • H.R. 7163 (Pallone, D-N.J.) (Solid Waste Disposal Act)would amend the Solid Waste Disposal Act to require the Administrator of EPA to promulgate regulations on the management of medical waste. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 7169 (Udall, D-N.M.) (fisheries)would amend Public Law No. 106-392 to extend the authorizations for the Upper Colorado and San Juan River Basin endangered fish recovery programs. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7171 (Young, R-Alaska) (Marine Mammal Protection Act)would amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7172 (Young, R-Alaska) (Bering Straits Native Corporation)would resolve the claims of the Bering Straits Native Corporation and the state of Alaska to land adjacent to Salmon Lake, Alaska, and provide for the conveyance to the Bering Straits Native Corporation of certain other public land in partial satisfaction of its land entitlement under the Alaska Native Claims Settlement Act. 154 Cong. Rec. H10131 (daily ed. Sept. 26, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7180 (Blumenauer, D-Or.) (drinking water)would enhance the capacity of the U.S. government to fully implement the Senator Paul Simon Water for the Poor Act of 2005 and improve access to safe drinking water and sanitation throughout the world. 154 Cong. Rec. H10299 (daily ed. Sept. 27, 2008). The bill was referred to the Committee on Foreign Affairs.
  • H.R. 7183 (Engel, D-N.Y.) (biofuels)would direct the Secretary of State to work with the government of Brazil and the governments of other western hemisphere countries to develop partnerships to accelerate the development of biofuels production, research, and infrastructure. 154 Cong. Rec. H10299 (daily ed. Sept. 27, 2008). The bill was referred to the Committee on Foreign Affairs and the Committee on Financial Services.
  • H.R. 7186 (Green, R-Tex.) (solid waste)would amend title 49, U.S. Code, with respect to the regulation of solid waste by EPA. 154 Cong. Rec. H10299 (daily ed. Sept. 27, 2008). The bill was referred to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce.
  • H.R. 7194 (Solis, D-Cal.) (greenhouse gas emissions)would distribute proceeds from greenhouse gas emissions allowance auctions to low and moderate income households through refundable tax credits for wage earners and senior citizens and monthly rebates to low-income citizens to offset any loss in purchasing power such households may experience as a result of the regulation of greenhouse gas emissions. 154 Cong. Rec. H10300 (daily ed. Sept. 27, 2008). The bill was referred to the Committees on Ways and Means, Energy and Commerce, and Education and Labor.
  • H.R. 7211 (Maloney, D-N.Y.) (Minerals Management Service)would improve the administration of the Minerals Management Service. 154 Cong. Rec. H10330 (daily ed. Sept. 28, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 7213 (Shuler, D-N.C) (CAA)would amend the CAA to provide for the waiver of requirements relating to recertification kits for the conversion of vehicles into vehicles powered by natural gas or liquefied petroleum gas. 154 Cong. Rec. H10331 (daily ed. Sept. 28, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 7231 (DeGette, D-Colo.) (hydraulics)would repeal the exemption for hydraulic fracturing in the SDWA. 154 Cong. Rec. H10642 (daily ed. Sept. 29, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 7234 (Miller, D-N.C.) (chemical management) would increase research, the synthesis of research findings, and the production of scientific information on chemicals and expedite the listing of information in the Integrated Risk Information System maintained by EPA's Office of Research and Development. 154 Cong. Rec. H10642 (daily ed. Sept. 29, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 7249 (Holt, D-N.J.) (energy)would amend the Internal Revenue Code of 1986 to provide a tax credit to farmers to offset high energy prices, to encourage the use of renewable energy, and to reduce prices to consumers. 154 Cong. Rec. H10699 (daily ed. Oct. 2, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 7250 (Inslee, D-Wash.) (black carbon emissions)would require the Administrator of EPA to conduct a study on black carbon emissions and to reduce global black carbon emissions. 154 Cong. Rec. H10699 (daily ed. Oct. 2, 2008). The bill was referred to the Committees on Energy and Commerce, Foreign Affairs, and Science and Technology.

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported in 2008, visit our list ofCumulative State Developments Arranged by State, or our list ofCumulative State Developments Arranged by Subject Matter. For state material reported prior to 2008, visit theELR Archives.

The states below have updates this week:

 

Alabama Maine New Mexico
Arizona Massachusetts New York
California Michigan North Carolina
Colorado Minnesota Oregon
Delaware Missouri South Carolina
Florida Nevada Texas
Georgia New Hampshire Utah
Illinois New Jersey Virginia
Indiana    

 

ALABAMA

Hazardous & Solid Waste:

  • The Department of Environmental Management (ADEM) will hold a public hearing on proposed revisions to Divisions 1 and 13 of the ADEM Administrative Code. The revisions would establish procedures for the disbursement of recycling grants to local governments, authorities, and nonprofit organizations for use in developing, implementing, and enhancing local recycling, reuse, and waste minimization projects and programs. The hearing will be held November 17, 2008. Seehttp://www.adem.state.al.us//PubHearings/PubHearings.htm

ARIZONA

Air:

  • The Pinal County Air Quality Control District proposed a new set of PM10-related construction rules for that portion of the county that lies within the Phoenix Planning Area serious PM10 nonattainment area--Apache Junction Township, Township 1 North, Range 8 East, Gila and Salt River Base, and Meridian, Arizona. Seehttp://www.azsos.gov/public_services/Register/2008/39/ctynotic.pdf

CALIFORNIA

Land Use:

  • The California Pollution Control Financing Authority will hold a public hearing on a proposal to add Sections 8102 through 8102.15 and to amend Sections 8090 through 8101 of the California Code of Regulations. These regulations create a brownfield cleanup financing program. The proposed CALReUSE Remediation Program will provide grants and loans to clean up brownfields that promote residential and mixed use development consistent with regional and local land use plans. The hearing will be held November 12, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/39z-2008.pdf(pp.1710-14)

COLORADO

Air:

  • The Air Quality Control Commission will hold a public hearing to consider a proposal from the Denver Metropolitan Areas Regional Air Quality Council, the North Front Range Transportation & Air Quality Planning Council, and the Colorado Department of Public Health and Environment Air Pollution Control Division to adopt an ozone action plan for the Denver Metropolitan and North Front Range 8-hour ozone nonattainment area. The hearing will be held December 11, 2008. Seehttp://www.cdphe.state.co.us/op/aqcc/hearingnotices/2008/OzoneActionPlanRMHNotice121108.pdf

Climate:

  • The Colorado Public Utilities Commission will hold two public hearings on proposed amendments to CCR 723-3-3650 through 3665, Renewable Electric Standard (RES). The purpose of the proposed rulemaking would be to revaluate rules concerning the applicability of the Commission's small generator interconnection procedures to cooperative electric utilities and to modify and clarify the complete body of RES rules to address issues made evident by experience with the RES to date. The hearings will be held December 8 and 9, 2008. Seehttp://www.dora.state.co.us/puc/DocketsDecisions/decisions/2008/C08-1001_08R-424E.pdf

DELAWARE

Air:

  • The Department of Natural Resources and Environmental Control adopted 7 Del. Admin. Code 1138, Section 11.0, Area Source Lead Acid Battery Manufacturing Standard. The adopted rules update Delaware's requirements to bring the state into compliance with federal standards. Additionally, minor non-substantive changes were made to provide better clarity and a fuller understanding of the regulatory language. Seehttp://regulations.delaware.gov/register/october2008/final/12%20DE%20Reg%20481%2010-01-08.htm#P44_6550

Hazardous & Solid Waste:

  • The Delaware Solid Waste Authority (DSWA) will conduct a hearing to consider amendments to the Regulations of the Delaware Solid Waste Authority. Significant highlights include changes to licensing requirements, including a new license requirement for haulers of dry waste; a requirement that contractors with certain governmental entities use DSWA facilities for the disposal of certain waste; a requirement that owners and operators of recycling programs and facilities file an annual registration statement; and numerous textual and definitional changes to the current regulations. The hearing will be held November 6, 2008. Seehttp://regulations.delaware.gov/register/october2008/calendar/12%20DE%20Reg%20525%2010-01-08.htm#TopOfPage

Water:

FLORIDA

Water:

  • The Southwest Florida Water Management District will hold a rulemaking workshop on proposed changes to rule number 40D-2.091, Publications Incorporated by Reference. The rulemaking would develop district-wide water use permitting rules, including water conservation standards and criteria consistent with those adopted for the Southern Water Use Caution Area for public supply, recreation, and aesthetic water uses. The proposed changes would also enhance and add district-wide conservation measures. The workshop will be November 12, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3439/3439doc.pdf(p. 4985)

GEORGIA

Water:

  • The Department of Natural Resources will hold a public hearing on proposes amendments to Chapter 391-3-6-.03, Georgia Water Use Classifications and Water Quality Standards. The proposed revisions to the Rules and Regulations for Water Quality Control reflect findings during the Triennial Review. They would establish new dissolved oxygen criteria for the designated use of coastal fishing in the Savannah Harbor area. The hearing will be held November 3, 2008. Seehttp://www.gaepd.org/environet/6/notice_200809.pdfandhttp://www.gaepd.org/environet/6/amendments_200809.pdf

ILLINOIS

Water:

Hazardous & Solid Waste:

  • The Pollution Control Board proposed to amend 35 Ill. Adm. Code 720, Hazardous Waste Management System: General. The amendments would update the Illinois RCRA Subtitle C hazardous waste rules to correspond with amendments adopted by EPA. The amendments would add the new definition of "gasification" to broaden the exclusion from the definition of solid waste for secondary materials reintroduced to the petroleum refining process. They would also update the incorporation of NESHAPS by reference to incorporate the federal amendments to the Hazardous Waste Combustor Rule. Seehttp://www.cyberdriveillinois.com/departments/index/register/register_volume32_issue39.pdf(pp. 15494-675)
  • The Pollution Control Board proposed to amend 35 Ill. Adm. Code 724, Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; and Code 725, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. The amendments would add hazardous waste facility segments of the federal amendments to the Hazardous Waste Combustor Rule to the hazardous waste treatment, storage, and disposal facility standards. Seehttp://www.cyberdriveillinois.com/departments/index/register/register_volume32_issue39.pdf(pp. 15676-753)

INDIANA

Toxic Substances:

MAINE

Climate:

  • The Public Utilities Commission will hold a public hearing on proposed amendments to Chapter 930, Solar and Wind Energy Rebate Program. This rulemaking would revise Chapter 930 pursuant to legislation enacted during the last legislative session that established, among other things, a wind energy rebate program. The hearing will be held October 24, 2008. Seehttp://www.maine.gov/sos/cec/rules/notices/2008/100108.htm

MASSACHUSETTS

Hazardous & Solid Waste:

  • The Massachusetts Department of Environmental Protection will hold public hearings on proposed regulations to implement portions of the Mercury Management Act. The proposed regulations would implement a prohibition on the disposal of products containing mercury, a ban on the sale of certain products containing mercury, and labeling requirements for products containing mercury. The hearings will be held November 10, 12, and 13, 2008. Seehttp://www.mass.gov/dep/service/regulations/newregs.htm#hgp2

MICHIGAN

Air:

  • The Department of Environmental Quality adopted amendments to Chapter 18, Prevention of Significant Deterioration of Air Quality; including R 336.2801, Definitions; R 336.2816, Sources Impacting Federal Class I Areas; and R 336.2818, Source Obligation. Seehttp://www.michigan.gov/documents/dleg/MR17_100108_251207_7.pdf(pp. 14-27)
  • The Department of Environmental Quality adopted amendments to Chapter 9, Emission Limitations and Prohibitions--Miscellaneous; including amendments to R 336.1940, Emission standards for ethylene oxide commercial sterilization and fumigation operations; R 336.1941, Emission standards for chromium emissions from hard chromium electroplating, decorative chromium electroplating, and chromium anodizing tanks; and R 336.1942, Emission standards for asbestos. The amendments also add R 336.1902, Adoption of standards by reference; R 336.1943, General provisions for emission standards; R 336.1944, Emission standards for Portland cement manufacturing; R 336.1945, Emission standards for publicly owned treatment works; R 336.1946, Emission standards for secondary aluminum production; R 336.1947, Emission standards for site remediation; and R 336.1970-71, Best available retrofit technology or BART program. Seehttp://www.michigan.gov/documents/dleg/MR17_100108_251207_7.pdf(pp. 28-31)

MINNESOTA

Water:

MISSOURI

Air:

NEVADA

General:

  • The Public Utilities Commission adopted amendments to Chapter 704 of NAC, relating to utilities. The changes adopt certain federal regulations by reference and provide: definitions regarding resource planning by certain natural gas utilities; methods for gas utilities to recover costs for conservation and energy efficiency programs; requirements for the submission and contents of a conservation and energy efficiency plan; requirements for the annual filing and contents of a conservation and energy efficiency plan report; requirements for accounting for conservation and energy efficiency programs; and other matters properly relating thereto. Seehttp://www.leg.state.nv.us/register/2008Register/R095-08A.pdf

Water:

  • The State Environmental Commission scheduled a regulatory hearing on proposed amendments to Regulation R181-08: Ground Water. The Nevada Division of Environmental Protection (NDEP) developed this regulation to protect groundwaters of the state that have the potential to become a drinking water source. The regulation would provide NDEP with reasonable permitting flexibility to limit discharges to groundwater that would not cause the receiving groundwater to exceed specific criteria defined in the proposed regulation. The hearing will be November 12, 2008. Seehttp://www.sec.nv.gov/main/hearing_111208.htm

NEW HAMPSHIRE

Land Use:

  • The New Hampshire Wetlands Council will hold a public hearing on the adoption of interim rules Env-WtC 201.02 - 207.02 as permanent. The rules set forth the procedures under which the Council carries out its duties, including hearing appeals of administrative orders and permitting decisions. The hearing will be held October 28, 2008. Seehttp://des.nh.gov/organization/commissioner/legal/rulemaking/index.htm

NEW JERSEY

Land Use:

  • The Department of Environmental Protection will hold a public hearing on proposed amendments to N.J.A.C. 7:7A, which sets forth the Freshwater Wetlands Protection Act rules. The amended rules would require mitigation for impacts of 0.1 acres or greater for certain general permits. For impacts of less than 0.1 acres, the amended rules would require mitigation unless an applicant demonstrates that impacts have been minimized and avoided. The general permits to which the mitigation requirement will apply are general permit 2 (underground utility lines); 6 (non-surface water connected wetlands that are also waters of the United States); 10A (very minor road crossings); 10B (minor road crossings); 11 (outfall and intake structures); 21 (above ground utility lines); and 27 (redevelopment of previously disturbed areas). The hearing will be held November 3, 2008. Seehttp://www.nj.gov/dep/rules/notices/100608a.html

NEW MEXICO

Air:

General:

  • The New Mexico Environment Department (NMED) will hold a public hearing on the proposed adoption of 20.2.89 NMAC, Qualified Generating Facility Certification. The proposed rules include procedures for determining whether a solar generating facility, recycled energy facility, or coal electric generating facility is a qualified generating facility as defined in Senate Bill 994. The proposed regulation would allow NMED to evaluate solar thermal and recycled energy projects to determine whether they meet the requirements of a qualified energy facility in order to qualify for tax credits. NMED would then issue a certification for projects that qualify and would deny certifications to projects that do not meet the requirements. The hearing will be held November 6, 2008. Seehttp://www.nmenv.state.nm.us/aqb/documents/QGFHearingNoticeEnglish.pdffor notice andhttp://www.nmenv.state.nm.us/aqb/documents/ProposedRuleandStatementofReasons.pdffor proposed rule and statement of reasons.

NEW YORK

Air:

  • The Department of Environmental Conservation reproposed revisions to Parts 200, General Provisions; 201, Permits and Registrations; and 231, New Source Review in Nonattainment Areas and Ozone Transport Regions, of Title 6 NYCRR. The Part 200 amendments would add a definition for "routine maintenance, repair, or replacement" (RMRR), codifying current Department practice of reviewing RMRR activities on a case-by-case basis, taking into account the nature and extent of the activity and its frequency and cost. The proposed amendments to Part 201 would revise the definition for "major stationary source or major source" at 6 NYCRR 201-2.1(b)(21). The proposed revisions to Part 231 would change the basis of applicability for modifications and emission reduction credits from an emission unit basis to an emission source basis, incorporate various federal requirements, provide clarification of existing requirements, and require comprehensive reporting, monitoring, and recordkeeping that will conform to the requirements of CAA Title V. Seehttp://www.dos.state.ny.us/info/register/2008/sept24/pdfs/rules.pdf(pp. 19-29)
  • The Department of Environmental Conservation seeks public comment on reproposed revisions to 6 NYCRR Parts 200, 201, and 231 and associated revisions to the SIP. Comments are due October 24, 2008. Seehttp://www.dec.ny.gov/regulations/47088.html

Climate:

  • The Department of Environmental Conservation adopted Part 242 and amended section 200.9 of Title 6 NYCRR, New York State CO2 Budget Trading Program. Part 242 establishes the New York State CO2 Budget Trading Program, which is designed to stabilize and then reduce anthropogenic emissions of carbon dioxide. Seehttp://www.dos.state.ny.us/info/register/2008/sept24/pdfs/rules.pdf(pp.8-17)

Fisheries:

  • The Department of Environmental Conservation seeks public comment on proposed amendments to Part 41, Section 41.3, Sanitary Condition of Shellfish Lands. This proposed and emergency rulemaking is necessary to prohibit the harvest of shellfish from areas that do not meet water quality standards. Comments are due November 17, 2008. Seehttp://www.dec.ny.gov/regulations/34113.html#part41sect3p

NORTH CAROLINA

Air:

  • The Department of Environment and Natural Resources will hold a public hearing on proposed amendments to 15A NCAC 02Q .0207, Annual Emissions Reporting; .0701, Applicability; .0702, Exemptions; .0706, Modifications; and .0709, Demonstrations. The amendments would add greenhouse gases to the list of pollutants that must be reported annually from Title V facilities; remove obsolete language regarding assessment of maximum achievable control technology standards for combustion sources; modify the exemption of combustion sources to exclude new or modified combustion sources; add language clarifying that facility-wide emissions of toxic air pollutants emitted by new or modified combustion sources, including common pollutant emissions from existing combustion sources, are to be included in toxics evaluations on or after the effective date of the amendment; and extend availability of the economic hardship and technical infeasibility provisions of the rule to facilities with previously exempt combustion sources that are permitted between May 1, 1990, and the effective date of the amendment. The hearing will be October 28, 2008. Seehttp://www.ncoah.com/rules/register/Volume23Issue07October12008.pdf(pp. 666-672)

OREGON

Air:

Climate:

  • The Department of Energy adopted additions to Chapter 330, Renewable Energy Certificate Tracking and Reporting System for Oregon Renewable Portfolio Standard. The rules are intended to establish a system of renewable energy certificates to provide a means of compliance with the Oregon Renewable Portfolio Standard. Seehttp://arcweb.sos.state.or.us/rules/1008_Bulletin/1008_ch330_bulletin.html

SOUTH CAROLINA

Air:

  • The Department of Health and Environmental Control proposed to amend R.61-62, Air Pollution Control Regulations and Standards. The proposed amendments would maintain consistency with federal rules and make typographical corrections and clarifications t as necessary. Seehttp://www.scdhec.gov/administration/regs/docs/regupdate.doc#air

TEXAS

Hazardous & Solid Waste:

  • The Commission on Environmental Quality amended 30 TAC §328.4, Waste Minimization and Recycling. The amendments establish rules regarding the size, characteristics, and fire safety features for non-permitted and non-registered municipal solid waste recycling facilities that store combustible materials to produce compost or mulch and are located in certain counties that have areas designated as recharge or transition zones of a sole source aquifer and that have a population of more than 1.3 million. The changes also require more stringent standards for facilities located over sole source aquifers. At present, Bexar County is the only county that satisfies the population and aquifer qualifiers. Seehttp://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#240

UTAH

Air:

  • The Department of Environmental Quality proposed amendments to R307-121, General Requirements: Clean Fuel Vehicle Tax Credits. The amendments would add additional language requiring the purchase date and price of compressed natural gas vehicles; add a new subsection addressing the eligibility requirements for vehicles that meet air quality and fuel economy standards; add a new subsection that addresses the eligibility requirements for vehicles converted to electricity; and add definitions for "air quality standards," "fuel economy standards," "motor vehicle," and "original purchase" to the rule. Seehttp://www.rules.utah.gov/publicat/bull_pdf/2008/b20081001.pdf(pp. 25-27)

VIRGINIA

Hazardous & Solid Waste:

  • The Waste Management Board adopted amendments to 9VAC20-80, Solid Waste Management Regulations. The amendments clarify the closure definition and procedure with particular reference to landfills subject to §10.1-1413.2 of the Code of Virginia; address plans and actions related to the management of landfill gas and odors; provide an option for facilities to apply for research, design, and development; and delete automatic public hearings for certain permit or amendment issuance process. The amendments also broaden the definition of "airport" to include military airfields. Finally, the amendments incorporate citations referencing two new statutory provisions for a landfill location that is protective with respect to water supplies and wetlands and certification of permit application consistency with local government waste management plans. Seehttp://legis.state.va.us/codecomm/register/vol25/iss02/f9v2080.html
  • The Waste Management Board adopted amendments to 9VAC25-640, Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements. The regulation requires operators of regulated petroleum aboveground storage tanks and pipeline facilities to demonstrate they have the financial resources available to pay for the costs of containment and cleanup in the event of a release from their tanks. The amendments eliminate the standby trust requirement for third-party mechanisms such as letters of credit and surety bonds, which would have the effect of reducing operators' cost of compliance without affecting the stringency of the current financial responsibility requirements. Several administrative changes that do not affect the regulatory requirements were also made. Seehttp://legis.state.va.us/codecomm/register/vol25/iss02/f9v25640.html

Toxic Substances:

  • The Board of Health amended 12VAC5-481, Virginia Radiation Protection Regulations. The purpose of the amendments is to ensure the compatibility of this regulation with Title 10 (Energy) of theCode of Federal Regulations, thereby allowing the commonwealth of Virginia to enter into an agreement with the NRC for the regulation of certain radioactive material in the commonwealth. Seehttp://legis.state.va.us/codecomm/register/vol25/iss02/f12v5481.html

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONALFINANCIAL CRISIS COMPLICATES EU CO2 COMPLIANCE

Global automakers are urging European authorities to reconsider proposed limits on carbon dioxide emissions from cars, arguing the current financial crisis is going to make it even harder to meet them. "You can't pile on regulation on an industry during its worst time in the last 10 years," said Fiat Chief Executive Sergio Marchionne. The financial crisis is expected to worsen an already bad situation for U.S. and European car makers, which have seen sales plummet in recent months. Drivers are postponing making big purchases because of inflation, high fuel prices, and credit difficulties. Carmakers have long been critical of the proposal from the European Commission to cap emissions at 130 grams per kilometer per vehicle by 2012. They say it would cost them too much money to upgrade the technology under the hood in such a short period of time. For the full story, seehttp://www.reuters.com/article/GCA-GreenBusiness/idUSTRE4925S320081003

SIX EU STATES READY TO BLOCK CLIMATE PLAN

Poland has assembled a blocking minority among the European Union members enabling them to stall Brussels' climate package, Polish officials said.Poland and Greece reached an agreement late on Thursday, following a similar accord with Hungary, Slovakia, Romania, and Bulgaria, that more debate was needed on the EU's package of climate measures.The European Commission--EU's executive arm--aims, among others, to cut carbon dioxide emissions by one-fifth by 2020 compared to 1990 levels. Building up a blocking minority would force it to seek a compromise on the plan. For the full story, seehttp://www.reuters.com/article/environmentNews/idUSTRE4922NT20081003

BRAZIL ANNOUNCES NEW MEASURES TO STEM AMAZON ASSAULT

Brazil has announced new measures designed to stem an accelerating assault on the Amazon's rainforests--on the same day as the nation’s space agency released figures showing that 756 square kilometers (km2) of Amazon forest were cleared in August, triple the 230 km2 cleared a year earlier. Heading a list of a dozen new measures, Brazilian Environment Minister Carlos Minc named the top 100 clearing culprits and announced that an agreement had been made with government law and prosecution authorities to tackle a situation where only 10 out of 100 clearing prosecutions proceed to trial, and only one to any punishment. According to WWF-Brazil's Conservation Director, Cláudio Maretti, the measures announced, if implemented, will address several needs including that of more coherence among the various government offices and a break with the practice of establishing settlements without due environmental care. For the full story, seehttp://www.panda.org/news_facts/newsroom/index.cfm?uNewsID=146702

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

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