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Weekly Update Volume 38, Issue 6

02/25/2008

LITIGATION

CWA, "WATERS OF THE UNITED STATES":

The D.C. Circuit dismissed developers' lawsuit challenging the U.S. Army Corps of Engineers' definition of "waters of the United States" in a 1986 rule as facially invalid under the Commerce Clause. The action is barred by the six-year statute of limitations period under 28 U.S.C. §2401(a). Because the Corps issued an advance notice of proposed rulemaking in 2003 following the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159, 31 ELR 20382 (2001) (SWANCC), the developers argued that the "reopening doctrine" applies, which allows an otherwise stale challenge to proceed. But the Corps’ statements in the 2003 notice do not demonstrate final agency action under the reopening doctrine. The 2003 notice did not allow for public comment on the Corps’ views in the 1986 rule, did not suggest that the Corps considered the substance of the 1986 rule to be in doubt in any precise manner, and did not offer a proposed rule. Nor was a press release on the SWANCC decision that the Corps issued in 2003 a consummation of the agency's decisionmaking process. The court, therefore, affirmed the dismissal of the developers' challenge for lack of subject-matter jurisdiction. P & V Enterprises v. U.S. Army Corps of Engineers, No. 07-5060, 38 ELR 20051 (D.C. Cir. Feb. 19, 2008).

COMMUNICATION TOWERS, MIGRATORY BIRDS:

The D.C. Circuit vacated a lower court order denying in part and dismissing in part a petition against the Federal Communications Commission (FCC) seeking to reduce collisions of migratory birds with communications towers in the Gulf Coast region. The FCC's NEPA-implementing regulations categorically exclude communications towers from environmental review; however, interested parties may request a NEPA analysis of such actions. Here, the FCC determined an EIS was unnecessary due to the "lack of specific evidence . . . concerning the impact of towers on the human environment” and the “the lack of consensus among scientists regarding the impact of communications towers on migratory birds." These reasons cannot sustain the FCC's refusal to prepare an EIS without at least first requiring the preparation of an EA. An EA is required when an action “may” have a significant environmental effect. Here, the FCC's demand for definitive evidence of significant effects plainly contravenes the “may” standard. Similarly, the FCC's suggestion that scientific consensus is a precondition to NEPA action is inconsistent with the statute. The FCC also failed to provide a reasoned explanation on its decision not to consult with the FWS under the ESA, and it failed to provide meaningful notice of pending tower applications. American Bird Conservancy, Inc. v. Federal Communications Commission, No. 06-1165, 38 ELR 20052 (D.C. Cir. Feb. 19, 2008).

NEPA, SUPPLEMENTAL EIS:

The Eighth Circuit held that the U.S. Army Corps of Engineers did not violate NEPA when it implemented certain revisions to the operational document for the Missouri River Mainstem Reservoir System without preparing a supplemental EIS (SEIS). The revision concerned the controlled release of additional water into the system in the spring to benefit certain threatened and endangered species. Missouri, which has consistently opposed a spring rise because of its potential adverse effect on downstream flood control, filed suit to enjoin implementation of the plan. The lower court properly dismissed the case. Neither the Corps' nor the CEQ's regulations prescribe a specific process to determine whether to prepare an SEIS. Here, the Corps prepared an EA, not to help it decide whether to prepare an EIS, but rather to determine whether the change in agency action required an SEIS. And even though a FONSI is not appropriate because the action will have a significant impact on the environment, an SEIS is not required because the impact was sufficiently analyzed in an earlier final EIS. This approach is neither a misuse of the EA procedure nor a violation of NEPA. Missouri v. United States Army Corps of Engineers, No. 07-1149, 38 ELR 20047 (8th Cir. Feb. 8, 2008).

FOIA, CWA:

The Eleventh Circuit held that a lower court erred by finding that EPA conducted an adequate search in response to a Native American tribe's FOIA request for documents concerning the Agency's CWA review of Florida’s amendments to the Everglades Forever Act and the Phosphorus Rule for the Everglades Protection Area. Genuine issues of material fact exist regarding the reasonableness and adequacy of the EPA search for, and disclosure of, responsive documents to the tribe’s FOIA request. The tribe also challenged the district court’s determination, after an in camera review, that all withheld documents were properly designated by EPA as privileged. But the court properly ruled that the documents fall under FOIA Exemption 5, which protects certain inter- and intra-agency documents. Miccosukee Tribe of Indians of Florida v. United States, No. 06-13309, 38 ELR 20049 (11th Cir. Feb. 15, 2008).

INSURANCE, MARITIME LAW:

The Ninth Circuit held that the ancient legal doctrine of uberrimae fidei, in which both parties are held to the highest standard of good faith in the transaction, applies to vessel pollution insurance policies covering statutory environmental liabilities. Consequently, an insurance company may void a maritime insurance policy it issued to a fish processing business for failing to disclose prior environmental incidents, the poor condition of its vessels, and its pending bankruptcy even though the insurance company never asked for this information. Certain Underwriters at Lloyds London v. Inlet Fisheries, Inc., No. 06-35383, 38 ELR 20048 (9th Cir. Feb. 11, 2008).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, HISTORIC PRESERVATION:

A California appellate court reversed the denial of a petition challenging a city's approval of an application to demolish a building to make way for a larger parking lot. The city concluded that the building was not an historic resource and that the project was exempt from the California Environmental Quality Act (CEQA). However, in reaching this conclusion, the city was misinformed about its discretionary authority to determine the buildings were historic resources. As a result, the city cut short its inquiry into the historic significance of the building and relied too heavily on its earlier decision not to list the building in the local register of historic resources. Nor is the claim that the city failed to exercise its discretion in accordance with CEQA requirements a collateral attack on the city’s decision not to list the buildings in the local register. On remand, the lower court must order the city to set aside its approval of the demolition plan, set aside its findings that the proposed project is categorically exempt from CEQA, and conduct a preliminary review that properly considers whether the building qualifies as an historical resource. Valley Advocates v. City of Fresno, No. F050952, 38 ELR 20050 (Cal. Ct. App. 5th Dist. Feb. 15, 2008).

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

THE FEDERAL AGENCIES

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

AIR:

  • EPA proposed to determine that the Albany-Schenectady-Troy, Jefferson County, and Rochester nonattainment areas have attained the eight-hour NAAQS for ozone.73 FR 8637(2/14/08).
  • SIP Approvals:California (finding of nonattainment and reclassification of Imperial County to moderate eight-hour ozone nonattainment area)73 FR 8209(2/13/08). Colorado (volatile organic compounds (VOCs) from oil and gas operations)73 FR 8194(2/13/08). Georgia (motor vehicle emission budgets (MVEBs) for the Atlanta eight-hour ozone nonattainment area)73 FR 9206(2/20/08). Indiana (volatile organic compound rule for fuel grade ethanol production at dry mills)73 FR 9201(2/20/08). Louisiana (relaxation of Reid vapor pressure (RVP) standard in Grant Parish)73 FR 8202(2/13/08). Maine (open burning of construction and demolition debris)73 FR 9459(2/21/08); (de minimis emission levels for fine particular matter (PM2.5))73 FR 9203(2/20/08). Massachusetts (tunnel ventilation systems and emissions monitoring)73 FR 8818(2/15/08). New Jersey (zero-emission vehicle component of low-emission vehicle program)73 FR 8200(2/13/08). Ohio (nitrogen oxide budget trading program)73 FR 8197(2/13/08).
  • SIP Proposals:California (revisions to May 2004 approval and approval of 2006 revisions for the San Joaquin Valley unified air pollution control district)73 FR 9260(2/20/08). Colorado (VOCs from oil and gas operations; see above for direct final rule)73 FR 8251(2/13/08). Georgia (MVEBs for the Atlanta eight-hour ozone nonattainment area; see above for direct final rule)73 FR 9260(2/20/08). Louisiana (relaxation of RVP standard in Grant Parish; see above for direct final rule)73 FR 8251(2/13/08).Maine (open burning of construction and demolition debris; see above for direct final rule)73 FR 9506(2/21/08); (de minimis emission levels for PM2.5; see above for direct final rule)73 FR 9259(2/20/08). Massachusetts (tunnel ventilation systems and emissions monitoring; see above for direct final rule)73 FR 8837(2/15/08). Michigan (PSD construction permit program)73 FR 8250(2/13/08). Texas (low-emission diesel fuel program)73 FR 8026(2/12/08). Virginia (motor vehicle inspection and maintenance program)73 FR 8018(2/12/08).

ENERGY:

  • EPA determined a renewable fuel standard of 7.76% for 2008 for refiners, importers, and certain blenders of gasoline.73 FR 8665(2/14/08).

HAZARDOUS & SOLID WASTE:

  • EPA approved revisions to North Dakota's hazardous waste management program under RCRA.73 FR 8610(2/14/08).
  • EPA proposed remedial activities at the Frontier Fertilizer Superfund site in Davis, California, involving the relocation and abandonment of groundwater wells and reimbursement of oversight costs.73 FR 8864(2/15/08).
  • EPA proposed to approve revisions to North Dakota's hazardous waste program under RCRA; see above for direct final rule.73 FR 8640(2/14/08).
  • EPA entered into an agreement and order on consent for removal action by bona fide prospective purchaser concerning the Ecusta Mill site in Pisgah Forest, North Carolina.73 ELR 9803(2/22/08).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Fair Lawn Well Field Superfund site located in Bergen County, New Jersey, that requires the settling parties to pay certain past costs and to perform the remedial investigation and feasibility study for the site.73 FR 9320(2/20/08).

WATER:

  • EPA published for public review and comment a draft of its third drinking water contaminant candidate list, which includes 93 chemicals or chemical groups and 11 microbiological contaminants.73 FR 9627(2/21/08).
  • EPA announced the availability of its public notice of final decisions to add 133 water body pollutant combinations to Louisiana's 2006 CWA §303(d) list.73 FR 8867(2/15/08).
  • EPA and NOAA approved Florida's and South Carolina's coastal nonpoint pollution control programs and made available the draft decision documents.73 FR 7714(2/11/08).

WILDLIFE:

  • FWS proposed listing as endangered the phyllostegia hispida, a plant species from the island of Molokai in the Hawaiian Islands.73 FR 9078(2/19/08).
  • FWS proposed to remove the brown pelican from the list of endangered and threatened wildlife.73 FR 9408(2/20/08).
  • FWS revised its 2004 critical habitat designation for the Peirson's milk-vetch in Imperial County, California.73 FR 8747(2/14/08).
  • FWS designated six acres as critical habitat for Nevin's barberry in Riverside County, California.73 FR 8411(2/13/08).
  • FWS announced availability of the recovery plan for the Sierra Nevada bighorn sheep in western Inyo and Mono counties, California, for future reclassification from endangered to threatened and ultimate delisting.73 FR 8345(2/13/08).
  • FWS announced availability of the final comprehensive conservation plan for the Medicine Lake National Wildlife Refuge complex.73 FR 9351(2/20/08).
  • FWS announced availability of a draft comprehensive conservation plan and EA for Waccamaw National Wildlife Refuge in Georgetown, Horry, and Marion counties, South Carolina.73 FR 8343(2/13/08).
  • FWS announced availability of the final comprehensive conservation plan for the Rainwater Basin Wetland Management District in Kearney, Nebraska.73 FR 8054(2/12/08).
  • NOAA-Fisheries issued a final determination and critical habitat designation to list the Oregon Coast coho salmon as a threatened species.73 FR 7815(2/11/08).
  • NOAA-Fisheries announced temporary restrictions consistent with the Atlantic Large Whale Take Reduction Plan that apply to lobster trap/pot and anchored gillnet fishermen in an area southeast of Portland, Maine, to protect an aggregation of northern right whales.73 FR 8625(2/14/08).
  • NOAA-Fisheries announced temporary restrictions northeast of Boston for lobster trap/pot and anchored gillnet fishermen to protect an aggregation of northern right whales.73 FR 7674(2/11/08).
  • NOAA-Fisheries announced a 60-day stay on the closure of the decision record in an administrative appeal filed by AES Sparrows Point and Mid-Atlantic Express involving construction and operation of a liquefied natural gas terminal in Baltimore County, Maryland, and an associated 88-mile natural gas pipeline.73 FR 8647(2/14/08).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Kennecott Utah Copper Corp., No. 2:08-cv-122 (D. Utah Feb. 15, 2008). A settling CERCLA defendant that released hazardous substances from its mining, smelter, refinery, and mill tailings facility near Magna, Utah, must transfer approximately 617 acres of property and associated water rights to The Nature Conservatory; must pay an endowment of $175,000 for management of the Lake Point wetlands property; must implement a restoration plan for the Lake Point wetlands property; must pay $113,800 in reimbursement of federal damage assessment costs; and must pay $52,000 for FWS management oversight of the Lake Point wetlands property and restoration planning.73 FR 9825(2/22/08).
  • United States v. Cyprus Amax Minerals Co., No. 08-1046-JTM-DWB (D. Kan. Feb. 13, 2008). A settling CWA defendant must pay $1,200,000 to resolve claims for natural resource damages at the Cherokee County Superfund site in Kansas.73 FR 9588(2/21/08).
  • In re Troy Mills, Inc., No. 1:01-bk-13341 (Bankr. N.D. W. Va. Feb. 8, 2008). A CERCLA settlement agreement provides that the United States will have an allowed administrative claim of $14,000,000 for responding to the release or threat of release of hazardous substances at the Troy Mills Superfund site in Troy, New Hampshire.73 FR 9588(2/21/08).
  • United States v. Atlantic Richfield, No. 02-35-BU-SEH (D. Mont. Jan. 25, 2008). A CERCLA settlement agreement provides that Montana Resources Incorporated will receive an allowed general unsecured claim against ASARCO of $8.67 million for cleanup at the Butte Mine Flooding Superfund site in Montana.73 FR 8904(2/15/08).
  • United States v. David Arp & Triple Diamond Enterprises, No. 2:08-cv-82-JES-DNF (M.D. Fla. Jan. 31, 2008). Settling CAA and Rivers and Harbors Act defendants agree to restore impacted areas and/or perform mitigation and to pay a civil penalty for discharging pollutants without a permit into waters of the United States.73 FR 8904(2/15/08).
  • United States v. VIP Properties, No. 08- CV-246 (PJS/RLE) (D. Minn. Jan. 28, 2008). Settling Residential Lead-Based Paint Hazard Reduction Act defendants will pay a civil penalty of $7,500; will perform a child health improvement project at a cost of $50,000; and will replace all windows in three St. Paul neighborhoods.73 FR 8364(2/13/08).
  • United States v. Marathon Ashland Petroleum, No. 01-40119 (PVG) (E.D. Mich. Feb. 7, 2008). Settling defendants, joined by the states of Louisiana and Minnesota, must eliminate provisions from a previous agreement related to plantwide applicability limits and add provisions relating to prohibitions on emissions credit generation.73 FR 8365(2/13/08).
  • United States v. East Kentucky Power Cooperative, No. 04-34-KSF (E.D. Ky. Feb. 5, 2008). A settling CAA defendant will reduce sulfur dioxide, nitrogen oxide,and particulate matter emissions through installation and operation of state-of-the-art pollution control technologies and/or the retirement or repowering of certain units at its three coal-fired power plants.73 FR 8064(2/12/08).
  • United States v. Atlantic Richfield Co., No. CV-89-39-BU-SEH (D. Mont. Feb. 7, 2008). A settling CERCLA defendant will fund a cleanup plan and reimburse costs for contamination at the Clark Fork Site; will reimburse the U.S. National Park Service (NPS) for costs incurred at the Grant-Kohrs Ranch National Historic Site; will pay the NPS and BLM for natural resource damages restoration work; and will pay the state of Montana for restoration work at the Clark Fork Site and two other Superfund sites in and near Anaconda and Butte, Montana.73 FR 8064(2/12/08).

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

THE CONGRESS

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

Chamber Action

  • S. 2571 (FIFRA), which would make technical corrections to FIFRA, was passed by the House, clearing the measure for the President. 154 Cong. Rec. H965D149 (daily ed. Feb. 14, 2008).
  • H.R. 1834 (National Ocean Exploration Program Act), which would amended the National Ocean Exploration Program Act to authorize the national ocean exploration program and the national undersea research program within NOAA, was passed by the House. 154 Cong. Rec. H964-65 (daily ed. Feb. 14, 2008).
  • H.R. 2251 (Acadia National Park Improvement Act of 2007), which would amend the Acadia National Park Improvement Act to extend the Acadia National Park Advisory Commission and to provide improved visitor services at the park, was passed by the House. 154 Cong. Rec. H823-24 (daily ed. Feb. 12, 2008).
  • H.R. 3332 (Kalaupapa Memorial Act of 2008), which would amend the Kalaupapa Memorial Act to provide for the establishment of a memorial within Kalaupapa National Historical Park on the island of Molokai, Hawaii, and to honor and perpetuate the memory of those individuals who were forcibly relocated to the Kalaupapa Peninsula from 1866 to 1969, was passed by the House. 154 Cong. Rec. H824-27 (daily ed. Feb. 12, 2008).

Bills Introduced

  • S. 2614 (Barrasso, R-Wyo.) (greenhouse gases)would facilitate the development, demonstration, and implementation of technology for the use in removing carbon dioxide and other greenhouse gases from the atmosphere. 154 Cong. Rec. S815 (daily ed. Feb. 8, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 2616 (Bingaman, D-N.M.) (federal programs and activities)would authorize certain programs and activities in the U.S. Forest Service, the DOI, and DOE. 154 Cong. Rec. S815 (daily ed. Feb. 8, 2008). The bill was read for the first time.
  • S. 2619 (Coburn, R-Okla.) (national parks)would protect innocent Americans from violent crime in national parks. 154 Cong. Rec. S815 (daily ed. Feb. 8, 2008).
  • S. 2635 (Boxer, D-Cal.) (marine sanctuaries)would expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary. 154 Cong. Rec. S970 (daily ed. Feb. 13, 2008). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2642 (Klobuchar, D-Minn.) (renewable energy)would establish a national renewable energy standard and extend and create renewable energy tax incentives. 154 Cong. Rec. S1054 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Finance.
  • S. 2643 (Carper, D-Del.) (CAA)would amend the CAA to require the Administrator of EPA to promulgate regulations to control hazardous air pollutant emissions from electric utility steam generating units. 154 Cong. Rec. S1054 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 2645 (Stevens, R-Alaska) (vessel discharges)would require the Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, to conduct an evaluation and review of certain vessel discharges. 154 Cong. Rec. S1054 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2651 (Inhofe, R-Okla.) (CAA)would amend the CAA to make technical corrections to the renewable fuel standard. 154 Cong. Rec. S1054 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Environment and Public Works.
  • H.R. 5335 (Wamp, R-Tenn.) (National Trails System Act)would amend the National Trails System Act to provide for the inclusion of new trail segments, land components, and campgrounds associated with the Trail of Tears National Historic Trail. 154 Cong. Rec. H818 (daily ed. Feb. 8, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5336 (Johnson, D-Tex.) (CERCLA)would amend CERCLA to authorize funding for brownfields revitalization activities and state response programs. 154 Cong. Rec. H868 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Energy and Commerce and to the Committee on Transportation and Infrastructure.
  • H.R. 5350 (Scott, D-Va.) (NOAA property) would authorize the Secretary of Commerce to sell or exchange certain NOAA property located in Norfolk, Virginia. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Natural Resources and to the Committee on Oversight and Government Reform.
  • H.R. 5351 (Rangel, D-N.Y.) (energy incentives)would amend the Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 5372 (Bean, D-Ill.) (reuse and recycling)would amend the Internal Revenue Code to allow a special depreciation allowance for reuse and recycling property. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 5373 (Boswell, D-Iowa) (energy credit)would amend the Internal Revenue Code of 1986 to extend the energy efficient appliance credit and the nonbusiness energy property credit. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 5401 (Loebsack, D-Iowa) (energy improvements)would authorize the Secretary of Education to make grants for energy efficiency improvements and renewable energy improvements at public school facilities. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Education and Labor.
  • H.R. 5402 (Welch, D-Vt.) (Small Business Act)would amend the Small Business Act to establish the Office of Environment, Energy, and Climate Change and would establish the Climate Change Center and Clearinghouse to provide support and information on climate change to small business concerns. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Small Business.
  • H.R. 5403 (Young, R-Alaska) (Alaska Native Claims Settlement Act)would amend the Alaska Native Claims Settlement Act to provide an equitable distribution of land to the 13th Alaska Native Regional Corporation. 154 Cong. Rec. H869 (daily ed. Feb. 12, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5425 (Pallone, D-N.J.) (Magnuson-Stevens Fishery Conservation and Management Act)would amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized time period for rebuilding certain overfished fisheries. 154 Cong. Rec. H942 (Feb. 13, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5429 (Young, R-Alaska) (Marine Mammal Protection Act of 1972)would amend the Marine Mammal Protection Act of 1972 to authorize appropriations for marine mammal cooperative management agreements in Alaska. 154 Cong. Rec. H942 (Feb. 13, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5434 (Hensarling, R-Tex.) (national parks)would protect innocent Americans from violent crime in national parks. 154 Cong. Rec. H942 (daily ed. Feb. 13, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5437 (Ross, D-Ark.) (fuel and energy)would promote alternative and renewable fuels, domestic energy production, conservation, and efficiency to increase American energy independence. 154 Cong. Rec. H992 (daily ed. Feb. 14, 2008). The bill was referred to the Committees on Energy and Commerce, Science and Technology, Oversight and Government Reform, Armed Services, Agriculture, Natural Resources, and Ways and Means.
  • H.R. 5451 (Bordallo, D-Guam) (CZMA)would reauthorize the CZMA. 154 Cong. Rec. H993 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5452 (Capps, D-Cal.) (CZMA)would amend the CZMA to authorize grants to coastal states to initiate and complete surveys of coastal state waters and adjacent federal waters to identify potential areas suitable or unsuitable for the exploration, development, and production of renewable energy. 154 Cong. Rec. H993 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5453 (Capps, D-Cal.) (CZMA)would amend the CZMA to authorize assistance to coastal states to develop coastal climate change adaptation plans pursuant to approved §306 management programs and to minimize contributions to climate change. 154 Cong. Rec. H993 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5469 (Slaughter, D-N.Y.) (brownfields)would provide grants for the revitalization of waterfront brownfields. 154 Cong. Rec. H994 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure.
  • H. Con. Res. 300 (Bordallo, D-Guam) (coral reefs)would recognize the need for the United States to maintain its significant leadership role in improving the health and promoting the resiliency of coral reef ecosystems. 154 Cong. Rec. H1000 (daily ed. Feb. 15, 2008). The bill was referred to the Committee on Natural Resources.
  • H. Res. 987 (Baird, D-Wash.) (energy and greenhouse gas emissions)would encourage Americans to join others across the country in using their rebate checks to invest in renewable energy and energy-efficient products and services in order to save money, stimulate the economy, and reduce greenhouse gas emissions. 154 Cong. Rec. H994 (daily ed. Feb. 14, 2008). The bill was referred to the Committee on Energy and Commerce.

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:

Arizona Idaho Louisiana Montana Oregon
California Illinois Maine Nevada Rhode Island
Colorado Indiana Maryland New Hampshire Texas
Connecticut Iowa Massachusetts New York Utah
Florida Kentucky Michigan Ohio Wisconsin

ARIZONA

Air:

  • The Department of Environmental Quality, Air Pollution Control will conduct a public hearing to consider the amendment of R18-2-1006, 1009, 1010, 1011, 1019, and 1027 to incorporate procedures for a “liquid fuel leak” test into the vehicle emissions inspections and maintenance program. Addition of this test is expected to reduce emissions of volatile organic compounds to help the Phoenix and Tucson areas meet the NAAQS for ozone. The proposed rule also corrects testing requirements for diesel-powered vehicles owned or leased to holders of a fleet emissions inspection station permit to include tampering inspection procedures. The hearings will be held March 10-11, 2008. Comments are due March 10, 2008. Seehttp://www.azsos.gov/public_services/Register/2008/6/proposed.pdf
  • The Department of Environmental Quality, Air Pollution Control has issued notice of a rulemaking docket opening. The Department is considering amending its current air pollution emergency episodes rule to update it and bring it into conformity with federal requirements at 40 CFR §§51.151, 51.152, and 51.153. Seehttp://www.azsos.gov/public_services/Register/2008/6/docket.pdf

Hazardous & Solid Wastes:

  • The Arizona Department of Environmental Quality (DEQ) has adopted amendments to the state’s hazardous waste rules to incorporate changes in federal regulations implementing Subtitle C of RCRA. The amendments in this final rule adopt most changes to the federal regulations that became effective from July 1, 2005, through June 30, 2006, and in addition, two groups of amendments to the regulations that became effective after June 30, 2006. DEQ has also modified the Performance Track provisions so that they apply to members of Arizona’s Performance Track Program. The federal regulations related to standardized permits are not adopted at this time. Rules become effective March 8, 2008. Seehttp://www.azsos.gov/public_services/Register/2008/6/final.pdf(pp. 409-421)

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public hearing to consider adoption of amendments to the California Zero Emission Vehicle (ZEV) regulation to reflect the state of technologies and to create an opportunity for new ZEV enabling vehicle technologies to contribute to compliance. The hearing will be held March 27, 2008. Comments are due March 26, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/6z-2008.pdf(pp. 162-165)

Water:

  • The Department of Water Resources will conduct a public hearing on the proposal to amend and add to Sections 490–495 in Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations. These sections pertain to a Model Water Efficient Landscape Ordinance (Model Ordinance) that would apply to all local agencies, including chartered cities and counties, that have not adopted the Model Ordinance or another ordinance which is at least as effective as the Model Ordinance. The hearing will be held March 27, 2008. Comments are due March 27, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/6z-2008.pdf(pp. 174-177)

COLORADO

Air:

Water:

CONNECTICUT

Air:

  • The Commissioner of Environmental Protection gives notice of an additional comment period in the proceeding to amend section 22a-174-20(k) of the Regulations of Connecticut State Agencies concerning the control of volatile organic compound emissions from asphalt paving. Comments are due March 14, 2008. Seehttp://www.ct.gov/dep/cwp/view.asp?A=2586&Q=410258

FLORIDA

Fisheries:

  • The Department of Agriculture and Consumer Services will conduct a public hearing, if requested, to consider amendments to 5L-1.003: Shellfish Harvesting Area Standards. This amendment proposes to reclassify the shellfish harvesting area #78 Body B. A sanitary survey evaluated current information on pollution sources and bacteriological water quality and recommended reclassification of the Body B shellfish harvesting area. The proposed reclassification of the Body B shellfish harvesting area will increase the total size of the conditionally approved areas by 1,612 acres, from 12,440 acres to 14,052 acres, and decrease the size of the prohibited area by 1,514 acres, from 5,144 acres to 3,630 acres. If requested, the public hearing will be held March 10, 2008. Seehttps://www.flrules.org/gateway/readFile.asp?sid=2&tid=5236950&type=1&File=5L-1.003.htm

IDAHO

Water:

  • The Department of Environmental Quality (DEQ) announced the final decision on the Salmon Falls Creek SBA and TMDL. The area covered by the Salmon Falls Creek SBA and TMDL (Hydrologic Unit Code 17040213) addresses 52 assessment unit/pollutant combinations on Idaho’s 2002 CWA §303(d) list. DEQ completed TMDLs for all assessment unit/pollutant combinations deemed water quality impaired. DEQ has submitted this TMDL to the U.S. EPA for approval under the CWA. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08feb.pdf(p. 29)
  • The Department of Environmental Quality (DEQ) announced the final decision on the Tributary Sediment TMDLs and Temperature TMDL Addendum to the Pend Oreille Tributaries TMDLs. The area covered by the Tributary Sediment TMDLs (Hydrologic Unit Code 17010214) addresses 15 assessment units (AUs) listed for sediment on Idaho’s 2002 CWA §303(d) list. Five additional AUs were listed for an unknown pollutant that was deemed to be sediment and TMDLs were also developed for these AUs. The area covered by the Temperature TMDL Addendum addresses 35 AUs. DEQ completed Temperature TMDLs for all AU/pollutant combinations deemed water quality impaired. DEQ has submitted these two TMDL documents to the U.S. EPA for approval under the CWA. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08feb.pdf(p. 30)

ILLINOIS

Land Use:

  • The Department of Natural Resources proposed amendments to 17 Ill. Adm. Code 150, Regulations for the Letting of Concessions, Farm Leases, Sale of Buildings and Facilities, and Demolitions. These amendments would add language indicating that concession leases to be let by competitive bidding must be placed on the procurement bulletin; update the name of the division managing the program; reflect changes in acreage for agricultural management leases from 10 acres to 50 acres; and add "prior history with the State" to the list of criteria for selection. Seehttp://www.cyberdriveillinois.com/departments/index/register/register_volume32_issue7.pdf(pp. 2447-2452)

Water:

INDIANA

Air:

  • The Air Pollution Control Board adopted emergency rules amending 326 IAC 1-4-1 to incorporate by reference the redesignation of the following counties to attainment for the eight-hour ozone NAAQS: Boone, Clark, Elkhart, Floyd, Hamilton, Hancock, Hendricks, Johnson, LaPorte, Madison, Marion, Morgan, Shelby, and St. Joseph. Authority: IC 4-22-2-37.1(a)(13). This rule became effective February 6, 2008. Seehttp://www.in.gov/legislative/iac/20080213-IR-326080073ERA.xml.html

Land Use:

  • The Natural Resources Commission will hold a public hearing on proposed rule amendments to 312 IAC 5-6-5.5, governing special watercraft standards on Lake Manitou, Fulton County, by removing the sunset clause to maintain the ecozone in the area known as the "Prairie." The hearing will be held February 28, 2008. Seehttp://www.in.gov/legislative/iac/20080206-IR-312070822PHA.xml.html

IOWA

Air:

  • The Environmental Protection Commission adopted amendments to Chapter 20, Scope of Title—Definitions—Forms—Rules of Practice; Chapter 22, Controlling Pollution; and Chapter 23, Emission Standards for Contaminants, of the Iowa Administrative Code. The amendments modify requirements for certain types of grain elevators and for feed mill equipment located at certain types of grain elevators by adopting new air quality rules and clarifying existing rules. Seehttp://www.legis.state.ia.us/Rules/Current/Bulletin/IAB080213.htm

Toxic Substances:

  • The Environmental Protection Commission will conduct public hearings on proposed amendments to Chapter 135, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks. The amendments propose to revise the current Tier 2 software model (Tier 2 Version 2.51) based on observations during the first decade of use. The hearings will be held March 4, 5, and 6, 2008. Seehttp://www.legis.state.ia.us/Rules/Current/Bulletin/IAB080213.htm
  • The Environmental Protection Commission amended Chapter 213, Packaging—Heavy Metal Content, of the Iowa Administrative Code. This rulemaking is in response to 2007 Iowa Acts, chapter 151.  The adopted amendments are taken directly from the legislation that was passed, with only minor formatting changes offered by the Administrative Code Editor. Seehttp://www.legis.state.ia.us/Rules/Current/Bulletin/IAB080213.htm

Water:

  • The Environmental Protection Commission amended Chapter 61, Water Quality Standards, of the Iowa Administrative Code. Pursuant to Iowa Code §455B.176A(6), the Commission is required to adopt rules that establish procedures and criteria to be used in the development of a use attainability analysis.  The Commission has previously adopted the “Cold Water Use Designation Assessment Protocol” by reference at subrule 61.3(6) and the “Warm Water Stream Use Assessment and Attainability Analysis Protocol” by reference at subrule 61.3(7). Seehttp://www.legis.state.ia.us/Rules/Current/Bulletin/IAB080213.htm

KENTUCKY

Land Use:

LOUISIANA

Hazardous & Solid Wastes:

Land Use:

  • The Secretary of the Department of Natural Resources has amended Geophysical and Geological Surveys, LAC 43:V.Chapter 1; Fees and Other Charges, LAC 43:V.Chapter 3; and Mineral Leasing Policy and Royalty Crude Oil LAC 43:I.Chapter 9. The Secretary also promulgated Leasing State Lands and Water Bottoms for Exploration, Development and Production of Wind Energy, LAC 43:I.Chapter 10, and repealed Bohemia Spillways, LAC 43:I.Chapter 13. Seehttp://www.doa.la.gov/osr/reg/0802/0802.doc(pp. 254-276)

Toxic Substances:

  • The Department of Environmental Protection amended the Radiation Protection regulations, LAC 33:XV.493 (Log # RP047ft). This rule is identical to federal regulations found in 10 CFR§20.2207, which are applicable in Louisiana. Seehttp://www.doa.la.gov/osr/reg/0802/0802.doc(p. 243)

MAINE

Fisheries:

  • The Department of Marine Resources will conduct a public hearing to consider updates to Chapter 21, Shellfish Relay. The proposed updates would also provide compliance with the National Shellfish Sanitation Program (Model Ordinance) Chapter V, Shellstock Relaying. The proposed amendments would replace and update Chapter 22, Shellfish Culture in Closed Areas, with Chapter 2.95, Water Quality Classifications and Shellfish Aquaculture, which would be compliant with the National Shellfish Sanitation Program (Model Ordinance), Chapter VI, Shellfish Aquaculture. Public hearings will be held March 10, 11, and 13, 2008. Comments were due February 4, 2008. See http://www.maine.gov/sos/cec/rules/notices/2008/022008.htm

MARYLAND

Land Use:

  • The Department of Natural Resources adopted amendments to Regulation .04 under COMAR 08.07.03, Forest Management Programs. This action, which was proposed for adoption in 34:26 Md. R. 2271—2272 (December 21, 2007), has been adopted as proposed. Rules become effective February 25, 2008. Seehttp://www.dsd.state.md.us/mdregister/3504/main_register.htm

MASSACHUSETTS

Air:

  • The Massachusetts Department of Environmental Protection (MassDEP) will hold public hearings on amendments to 310 CMR 60.02, Regulations for the Enhanced Motor Vehicle Inspection and Maintenance Program (IM). MassDEP is proposing to amend its IM regulations to update the program and comply with federal requirements that have been enacted since the regulations were last amended. The hearings will be held March 13 and 18, 2008. Comments are due March 28, 2008. Seehttp://www.mass.gov/dep/public/hearings/6002phn.htm

Climate:

  • The Massachusetts Department of Environmental Protection (MassDEP) will hold a public hearing to consider the adoption of amendments that specify the types of international greenhouse gas offset projects that would qualify to demonstrate compliance with the carbon dioxide emission standards of 310 CMR 7.29 should MassDEP expand the geographic scope of eligible projects beyond the United States. MassDEP is also proposing modifications to the Offset Trigger provision that specifies how MassDEP will evaluate it in 2008. These amendments do not affect 310 CMR 7.70, Massachusetts Carbon Dioxide Budget Trading Program. The hearing will be held March 6, 2008. Comments are due March 18, 2008. Seehttp://www.mass.gov/dep/public/hearings/ebtaphn.htm
  • The Massachusetts Department of Environmental Protection (MassDEP) adopted 310 CMR 7.70, Massachusetts Carbon Dioxide (CO2) Budget Trading Program. MassDEP also announces final amendments to 310 CMR 7.29, Emissions Standards for Power Plants, and 310 CMR 7.00 Appendix B(7), Greenhouse Gas (GHG) Credit Banking and Trading Program. Specifically, these amendments will terminate the CO2 requirements of 310 CMR 7.29 on December 31, 2008, and terminate the GHG Credit Banking and Trading Program in 2013. These amendments facilitate the transition to 310 CMR 7.70 by combining and postponing the final compliance date for the CO2 emissions standards of 310 CMR 7.29 until September 1, 2009, expanding the geographic scope for the creation of GHG credits, and allowing for the limited discounted exchange of Massachusetts GHG Credits for Massachusetts CO2 Budget Trading Program allowances. Seehttp://mass.gov/dep/air/laws/regulati.htm#co2trade

MICHIGAN

Air:

  • The Department of Environmental Quality adopted amendments to R 336.1401, R 336.1402, and R 336.1404 of the Michigan Administrative Code and new rules R 336.1401a, R 336.1405, R 336.1406, R 336.1407, and R 336.1420. These rules concern sulfur dioxide emissions from power plants. Seehttp://www.michigan.gov/documents/dleg/MR2_021508_225086_7.pdf(pp. 2-6)

MONTANA

Land Use:

  • The Department of Natural Resources and Conservation will hold a public hearing on the proposed amendment of numerous rules and the proposed repeal of ARM 36.25.806 regarding the land banking program. The hearing will be held March 7, 2008. Seehttp://sos.mt.gov/arm/Register/archives/MAR2008/MAR03-08.pdf(pp. 289-300)

NEVADA

Air:

  • The State Environmental Commission will conduct a public hearing to consider Regulation R142-07: Minor Violation Fine Increase; Revising the Definition of a Class III Source; and Permitting Corrections/Clarifications. This regulation would revise the fines for minor violations under NAC 445B.001 to 445B.3497. The hearing will be held March 18, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_031808.pdf(pp. 1-2)
  • The Nevada Division of Environmental Protection will conduct a public hearing to consider the amendment to NAC 445B to make it consistent with NRS 445B.825. The proposed amendment will grant an application for a waiver from emissions standards for all light-duty gasoline powered motor vehicles with a model year 1996 or newer after a sufficient attempt has been made to correct deficiencies that have caused a failure of an emissions inspection. The hearing will be held March 18, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_031808.pdf(p. 2)

Hazardous & Solid Wastes:

  • The State Environmental Commission will conduct a public hearing to consider Regulation R015-08: Adopt by Reference, Hazardous Waste Regulation. This regulation would amend chapter 444 of the Nevada Administrative Code. The proposed amendment is necessary to incorporate changes to the federal hazardous waste regulations that are currently in conflict with existing state regulations. Seehttp://www.sec.nv.gov/docs/public_notice_all_031808.pdf(p. 5)

Toxic Substances:

  • The State Environmental Commission will conduct a public hearing to consider Regulation R004-08: Delivery Prohibition, USTs. This proposed regulation would amend the existing UST regulations contained in NAC 459.9921 to 459.999 by instituting a delivery prohibition component of UST regulation. The hearing will be held March 18, 2008.http://www.sec.nv.gov/docs/public_notice_all_031808.pdf(pp. 3-4)
  • The State Environmental Commission will conduct a public hearing to consider Regulation R005-08: Secondary Containment for USTs. The proposed regulation would amend existing provisions governing storage tanks in NAC 459.9921 to 459.999. They would require the use of secondary containment with leak detection on all new or replaced USTs and piping regulated under Subtitle I of RCRA and NRS 459.800 to 459.856. The regulations are based on requirements developed by the U.S. Congress in the Energy Policy Act of 2005. The hearing will be held March 18, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_031808.pdf(pp. 4-5)

Water:

  • The State Environmental Commission will conduct a public hearing to consider Regulation R014-08, Adoption of federal regulations by reference, U.S. Safe Drinking Water Act. This proposed regulation governs public water systems found in Chapter 445A of the NAC. The hearing will be held March 18, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_031808.pdf(p. 3)

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services will conduct a public hearing to consider the readoption of Env-Wq 1700 (currently Env-Ws 1700), with amendments. The existing rules set forth narrative and numeric water quality criteria for support of designated uses in RSA 485-A:8. The rules would be readopted and redesignated as Env-Wq 1700 as part of the Department’s larger effort. The proposed revisions are intended to clarify the rules to allow for greater understanding and compliance. The hearing will be held March 14, 2008. Comments are due March 24, 2008. Seehttp://www.des.state.nh.us/RuleMaking/notice/env-wq1700rmn.pdf

NEW YORK

Water:

OHIO

Air:

OREGON

Hazardous & Solid Wastes:

  • The Department of Environmental Quality conducted public hearings to amend solid waste composting facility rules, to adopt new NPDES Stormwater General Permit No. 1200-CP for composting facilities, to clarify financial assurance requirements for solid waste disposal facilities, and to clarify public notice requirements for renewal of several solid waste permits. The hearings were held February 19-21, 2008. Comments are due February 29, 2008. Seehttp://arcweb.sos.state.or.us/rules/0208_Bulletin/0208_rulemaking_bulletin.html

Water:

RHODE ISLAND

Air:

  • The Department of Environmental Management will hold a public hearing regarding the adoption of the proposed "Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality Standard" and the proposed "Revision of the Rhode Island State Implementation Plan to Address Interstate Transport of Pollutants Affecting Attainment and Maintenance of the 8-Hour Ozone and Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards." The hearing will be held March 20, 2008. Comments are due March 20, 2008. Seehttp://www.dem.ri.gov/programs/benviron/air/propo8hr.htm

Water:

  • The Department of Environmental Management adopted amendments to Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. Seehttp://www.dem.ri.gov/pubs/regs/index.htm

TEXAS

Air:

  • The Texas Commission on Environmental Quality adopted amendments to 30 TAC §114.512 and §114.517, concerning locally enforced motor vehicle idling limitations, without changes to the proposed text. Seehttp://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#369
  • The Texas Commission on Environmental Quality will conduct a public hearing on a proposed rulemaking to repeal the permits by rule (PBRs) for rock crushers, asphalt concrete plants, and sawmills, which are in §§106.142, 106.147, and 106.223, respectively. The Air Permits Division has developed new standard permits for permanent rock crushers, asphalt concrete plants, and sawmills. These standard permits update administrative and technical requirements for these facilities and are intended to replace the PBRs that are proposed to be repealed. The hearing will be held March 18, 2008. Comments are due March 21, 2008. Seehttp://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#57

Hazardous & Solid Wastes:

  • The Texas Commission on Environmental Quality will hold a public hearing to consider the proposal to repeal current §§335.401 - 335.403 and 335.405 - 335.412 and simultaneously propose new §§335.401 - 335.403, 335.405, 335.407, 335.409, 335.411, 335.413, 335.415, 335.417, and 335.419, concerning industrial solid waste and municipal hazardous waste. The proposed rules would revise and reorganize the rules for the commission's household hazardous waste program. The hearing will be held March 11, 2008. Comments are due March 17, 2008. Seehttp://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#65

Toxic Substances:

  • The Texas Commission on Environmental Quality will hold a public hearing to consider the proposal to amend Dry Cleaner Environmental Response rules §§337.3, 337.4, 337.11, 337.13, 337.14, 337.31, 337.32, and 337.51. The commission also proposes new §§337.16 - 337.18, 337.52, 337.53, and 337.64. The proposed rules would provide for more efficient administration and enforcement of Texas Health and Safety Code, Chapter 374. The hearing will be held March 11, 2008. Comments are due March 17, 2008. Seehttp://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#92

Water:

UTAH

Land Use:

  • The Department of Natural Resources will conduct a public hearing to consider proposed amendments to Oil, Gas and Mining rule R645-300-100, Review, Public Participation, and Approval or Disapproval of Permit Applications and Permit Terms and Conditions. Numerous rules within Title R645 contain phrases such as "if required by the Division." The revisions would require the division to issue a written finding, with justification, for additional information required from a coal operator after their application for a permit, permit change, or permit renewal. The hearing will be held February 27, 2008. Comments are due March 17, 2008. Seehttp://www.rules.utah.gov/publicat/bull_pdf/2008/b20080215.pdf(pp. 24-25)
  • The Department of Natural Resources will conduct a public hearing to consider proposed amendments to Oil, Gas and Mining rule R645-301, Coal Mine Permitting: Permit Application Requirements. The purpose of this rule change is to provide reference to rules that will satisfy casing and sealing requirements of drill holes into coal mines and to modify coal mine permitting performance standards regarding ephemeral streams in conjunction with companion rulemaking in §R645-100-200. The hearing will be held February 27, 2008. Comments are due March 17, 2008. Seehttp://www.rules.utah.gov/publicat/bull_pdf/2008/b20080215.pdf(pp. 25-30)

Water:

  • The Department of Natural Resources will conduct a public hearing to consider proposed amendments to Oil, Gas and Mining rule R645-100-200, Definitions. This rule amendment results from a request to study rules by the Utah Mining Association and a subsequent informal rulemaking process. The purpose of this rule change is to clarify the definition of intermittent stream as it currently includes attributes of ephemeral stream, another defined term. The hearing will be held February 27, 2008. Comments are due March 17, 2008. Seehttp://www.rules.utah.gov/publicat/bull_pdf/2008/b20080215.pdf(pp. 23-24)

WISCONSIN

Land Use:

  • The Department of Natural Resources has issued a scoping statement for a rule change affecting Chapter NR 47, relating to grant funding for catastrophic storm damage caused to urban forests. The objective is to amend Chapter NR 47, Subchapter V, Urban and Community Forestry Grant Program, to establish the process to provide urban forestry grants to counties, cities, villages, towns, tribal governments, and §501(c)(3) nonprofit organizations that have been affected by catastrophic storm events. Rule promulgation is necessary to determine application procedures, selection process, funding level, eligible costs, project standards, and other program requirements. Seehttp://www.legis.state.wi.us/rsb/code/register/reg626a.pdf(p. 12)

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

INTERNATIONAL

CANADIAN GOVERNMENT TO FAVOR INDUSTRIAL REGULATION OVER CARBON TAX

The federal government of Canada indicated that it would not attempt to curb greenhouse gas emissions with a carbon tax, immediately after the province of British Columbia announced that it would do just that. Environment Minister John Baird said that the national government would focus on industrial regulation, instead of a carbon tax, but he lauded British Columbia for addressing climate change and added that he would not criticize the “different approach” that the province had taken. Seehttp://www.reuters.com/article/environmentNews/idUSN1949398220080221?feedType=RSS&feedName=environmentNews&pageNumber=2&virtualBrandChannel=0

EUROPEAN INDUSTRIES DELAY INVESTMENT DECISIONS UNTIL FUTURE OF TRADING SCHEMES IS SETTLED

Last week, industries with a critical stake in European Union (EU) energy regulations protested the uncertainty of the EU’s post-2012 approach to climate change. Executives from several industries complained that investment decisions had been “put on hold” until the EU indicates how the Emissions Trading Scheme will be reformed and updated. European governments aim to have such decisions settled by the end of this year; however, the European Commission would prefer to wait until 2010 to determine how to treat energy-intensive industries. Seehttp://www.enn.com/climate/article/31567

RENEWABLES INVESTMENT SLOWS WITH MARKET

The recent global credit squeeze has triggered a temporary decline in institutional investment in clean energy technology. Last year, bank and pension fund investment in renewable energy soared 228 percent; this year, many investors have been pulling back in all sectors, including green technology. One fund that tracks the 30 largest green technology stocks worldwide dropped over 30 percent in the first three weeks of the year. However, experts maintain confidence in the long-term economic potential of renewable energy and expect the downturn to be temporary. Seehttp://www.reuters.com/article/environmentNews/idUSL2150099220080221

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

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