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Weekly Update Volume 39, Issue 1

01/12/2009

LITIGATION

CWA, FIFRA, NPDES PROGRAM:



The Seventh Circuit vacated an EPA rule exempting from the CWA's NPDES permitting requirements pesticides applied in accordance with FIFRA. The statutory text of the CWA forecloses the rule. Excess chemical pesticides and chemical pesticide residues are pollutants, and residual and excess chemical pesticides are added to the water by a point source. The "point source" from which the residue originates is easily discernable and necessarily must "be controlled at the source." Given EPA's interpretation that "[p]oint sources need only convey pollutants into navigable waters to be subject to the Act," dischargers of pesticide pollutants are subject to the CWA's NDPES permitting program. As such, EPA's rule cannot stand. National Cotton Council of America v. United States Environmental Protection Agency, Nos. 06-4630 et al., 39 ELR 20006 (6th Cir. Jan. 7, 2009).


SDWA, STANDING:



The Second Circuit held that towns in the Catskill and Delaware watershed region of the New York City drinking water system lack standing to seek review of two EPA actions concerning the implementation of the SDWA. Specifically, the towns complained about (1) an April 25, 2007, EPA letter temporarily postponing a previously scheduled transfer to the state primary enforcement responsibility over the Catskill and Delaware watersheds until the state complies with the relevant regulations, and (2) the Agency's July 30, 2007, filtration avoidance determination, which allows New York City to avoid filtration requirements for the Catskill-Delaware supply. Despite any injury the towns may allege, they failed to show that their proposed injuries were likely to be redressed. Even if the court were to hold that EPA was required to transfer primacy to the state in May 2007, as opposed to September 2007 when they actually transferred primacy, there is no basis to conclude that the towns would be in any different position than they are now. And while the state might have been required to perform a cost-benefit review of the filtration avoidance determination, the towns do not point to any evidence suggesting that the state's analysis would have substantially differed from EPA's or would remedy any injury alleged. Coalition of Watershed Towns v. United States Environmental Protection Agency, Nos. 07-2449, -3912, 39 ELR 20002 (2d Cir. Dec. 28, 2008).


CWA, HYDROELECTRICITY:



The First Circuit upheld a FERC order staying its issuance of an operating license to a hydroelectric facility in Maine. FERC stayed the license because the state environmental agency withdrew its CWA §401 certification that the project complied with various state and federal water quality standards. The facility argued that the state's rescission of certification violated the CWA's one-year time limit and is a nullity, resulting in either a waiver of certification or reinstatement of the agency's certification. Yet, the very same rescission issue was fully litigated in state court, which considered and rejected on the merits the facility's claim that §401 barred the agency's action. The facility also argued that however §401 may be read, FERC cannot by its stay order undo a license already granted. But FERC has not modified the license but simply stayed its order granting the license pending reconsideration. Its authority to revisit the grant of a license in response to a timely petition for reconsideration can hardly be open to question. Whether FERC could "stay" a license after the period for reconsideration had lapsed is an issue not presented here. FPL Energy Maine Hydro LLC v. Federal Energy Regulatory Comm'n, No. 051871, 39 ELR 20001 (1st Cir. Dec. 23, 2008).


CLASS ACTION FAIRNESS ACT, WATER POLLUTION:



The Sixth Circuit held that a group of 300 landowners may not divide their class action nuisance suit against a paper mill into five separate water pollution claims to avoid federal jurisdiction under the Class Action Fairness Act (CAFA). The landowners divided their suit into five separate suits covering distinct six-month time periods, with plaintiffs’ limiting the total damages for each suit to less than CAFA’s $5 million threshold. The suits were filed in state court with identical parties and claims, except that the suits were for a series of different, sequential six-month periods. Each suit limited the total class damages to less than $4.9 million. The cases were removed to federal court by the defendant paper mill, but remanded to state court by the district court. But because no colorable basis for dividing the claims has been identified by the plaintiffs other than to avoid the clear purpose of CAFA, remand was not proper. Freeman v. Blue Ridge Paper Products, Inc., No. 08-6321, 39 ELR 20003 (6th Cir. Dec. 29, 2008).


CWA, ATTORNEYS FEES:



The Fifth Circuit affirmed a lower court decision denying an environmental group's request for attorneys fees incurred during its CWA citizen suit against the city of Dallas, Texas. The group filed suit against the city in 2003. Shortly thereafter, EPA, which was conducting its own investigation against the city, filed suit. Despite being encouraged to intervene in EPA's action, the group declined to do so. After EPA and the city entered into a consent decree, the group's action was deemed moot. Because the group did not obtain actual relief, it is not a prevailing party entitled to attorneys fees. Nor was the group a catalyst to the EPA lawsuit, since it was not the first to identify the violations. Environmental Conservation Organization v. City of Dallas, No. 07-11247, 39 ELR 20005 (5th Cir. Dec. 17, 2008).


PROPOSITION 65, REPRODUCTIVE TOXICITY:



A California appellate court held that the state's Office of Environmental Health Hazard Assessment (OEHHA) did not abuse its discretion in listing di-isodecyl phthalate (DIDP) as a chemical known to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65. DIDP is used as a plasticizer in a wide variety of PVC plastic products. In determining whether a chemical has been formally identified by an authoritative body as causing reproductive toxicity, OEHHA may consider the entire record, including both the authoritative body identification and the record on which it relied. Here, OEHHA did not abuse its discretion by concluding that the National Toxicology Program formally identified DIDP as a reproductive toxicant or by finding that substantial evidence supported that identification. Exxon Mobil Corp. v. Office of Environmental Health Hazard Assessment, No. B204987, 39 ELR 20007 (Cal. App. 2d Dist. Jan. 7, 2009).


CORPORATE LIABILITY, USTs:



A California appellate court held that a lower court properly applied the responsible corporate officer doctrine to hold the corporate officers of an entity that owned a UST personally liable for violations of the state's tank laws governing the underground storage of hazardous substances. The responsible corporate officer doctrine applies to California Health and Safety Code §25299(a)(6) of the tank laws and, thus, subjects to liability as an "operator" a corporate officer who has "a responsible share in the furtherance of the transaction which the statute outlaws," even where the corporation itself is also found to be the operator. People v. Roscoe, No. C055801, 39 ELR 20004 (Cal. App. 3d Dist. Dec. 26, 2008).


Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


THE FEDERAL AGENCIES

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


AIR:



  • EPA expanded the list of acceptable substitutes for ozone-depleting substances under the Agency's Significant New Alternatives Policy program; the determinations concern new substitutes for use in the refrigeration and air conditioning, fire suppression and explosion protection, and foam blowing sectors. 74 FR 21 (1/2/09).

  • EPA, in an advanced notice of proposed rulemaking concerning the development of certain standards under CAA §§112 and 129, seeks comment on which non-hazardous materials are or are not solid waste under RCRA; CAA §129 states that the term "solid waste" has the meaning "established by the Administrator" pursuant to RCRA. 74 FR 41 (1/2/09).

  • EPA issued a memorandum entitled EPA's Interpretation of Regulations That Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program to clarify interpretation of "regulated NSR [new source review] pollutant." 73 FR 80300 (12/31/08).

  • EPA announced the availability of applicability determinations, alternative monitoring decisions, and regulatory interpretations under the new source performance standards, NESHAPs, and the stratospheric ozone protection program. 73 FR 80392 (12/31/08).

  • EPA Regions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 finalized an NPDES vessel general permit to cover discharges incidental to the normal operation of vessels. 73 FR 79473 (12/29/08).

  • SIP Approvals: Georgia (disapproval of revision to nonattainment new source review permitting rules) 73 FR 79653 (12/30/08). Illinois/Indiana (attainment of one-hour ozone NAAQS for the Chicago-Gary-Lake County, Illinois-Indiana area) 73 FR 79652 (12/30/08). Oklahoma (recodification of regulations) 73 FR 79400 (12/29/08). Oregon (redesignation to attainment for the Salem carbon monoxide nonattainment area and maintenance plan) 73 FR 79655 (12/30/08).

  • SIP Proposals: Oklahoma (recodification of regulations; see above for direct final rule) 73 FR 79435 (12/29/08). Oregon (redesignation to attainment for the Salem carbon monoxide nonattainment area and maintenance plan; see above for direct final rule) 73 FR 79760 (12/30/08). Utah (partial approval of new source review rules) 74 FR 667 (1/7/09).

HAZARDOUS & SOLID WASTE:



  • EPA announced the availability of the completed Cruise Ship Discharge Assessment Report, which assesses five waste streams (sewage, graywater, oily bilge water, solid waste, and hazardous waste). 74 FR 442 (1/6/09).

  • EPA gave final authorization to Nebraska's hazardous waste management program. 73 FR 79661 (12/30/08).

  • EPA proposed giving final authorization to Nebraska's hazardous waste management program; see above for direct final rule. 73 FR 79761 (12/30/08).

MINING:



  • OSM approved an amendment to Montana's regulatory program under SMCRA. 74 FR 217 (1/5/09).

  • OSM proposed to approve an amendment to Oklahoma's regulatory program under SMCRA; the revisions concern appeals procedures, the state appeals board, and notice of violations. 74 FR 868 (1/9/09).

WATER:



  • EPA and the U.S. Army Corps of Engineers amended the CWA definition of "discharge of dredged material" under a court order that invalidated the "Tulloch II" rule. 73 FR 79641 (12/30/08).

  • EPA announced the availability of a final report titled Predicting Future Introductions of Nonindigenous Species to the Great Lakes. 74 FR 288 (1/5/09).

WILDLIFE:



  • NOAA-Fisheries announced a 90-day finding on a petition to list the Atlantic wolffish as endangered or threatened under the ESA; the Agency found that listing may be warranted and initiated a status review. 74 FR 249 (1/5/09).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Amana Co., No. 08-cv-6000 (E.D. Pa. Dec. 29, 2008). Settling CERCLA defendants must pay $862,050 in past U.S. response costs incurred at the Novak Sanitary Landfill Superfund site in South Whitehall Township, Pennsylvania. 74 FR 921 (1/9/09).

  • In re Delta Air Lines, Inc., No. 05-17923 (S.D.N.Y. Bankr. Ct.). A CERCLA defendant must grant EPA an allowed general unsecured claim of $31,063 for its share of EPA response costs incurred at the Hows Corner Superfund Site in Plymouth, Maine. 74 FR 922 (1/9/09).

  • United States v. Lorain County Metropolitan Park Dist., No. 1:08-cv-03026-AA (N.D. Ohio Dec. 30, 2008). Settling CERCLA defendants must reimburse future U.S. response costs incurred at the Ford Road Industrial Landfill Superfund site in Elyria, Ohio, and must perform the $3.4 million remedy, which includes cover enhancement, hot spot removal, and groundwater monitoring. 74 FR 832 (1/8/09).

  • United States v. Citygas Gasoline Corp., No. CV-03-6374 (E.D.N.Y. Dec. 23, 2008). Settling RCRA defendants must pay a $325,000 civil penalty for violation of UST regulations at three automobile fueling stations in Jackson Heights, Flushing, and the Bronx, New York, and must provide injunctive relief for five years at the Flushing facility. 74 FR 833 (1/8/09).

  • United States v. Estate of Vazzana, No. CV-04-0620 (E.D.N.Y. Dec. 19, 2008). A supplement to a 2007 consent judgment provides settling CERCLA defendants with specific terms of sale and distribution of proceeds for the Spectrum Finishing Corp. Superfund site in West Babylon, New York. 74 FR 833 (1/8/09).

  • United States v. Ashland Inc., No. 6:08-cv-01401-MLB-KMH (D. Kan. Dec. 22, 2008). Two settling CERCLA defendants must implement the EPA-selected remedial action estimated to cost approximately $9.8 million for U.S. response costs incurred at the Chemical Commodities, Inc. Superfund site in Olathe, Kansas, and seven settling defendants must contribute to those costs and provide access. 73 FR 79910 (12/30/08).

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


THE CONGRESS

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


Bills Introduced



  • S. 5 (Reid, D-Nev.) (energy) would seek to reduce the United States' dependence on foreign and unsustainable energy sources and the risks of global warming. 155 Cong. Rec. S40 (daily ed. Jan. 6, 2009). The bill was read for the first time.

  • S. 22 (Bingaman, D, N.M.) (National Wilderness Preservation System) would designate certain land components of the National Wilderness Preservation System and authorize certain programs and activities in the DOI and USDA. 155 Cong. Rec. S168 (daily ed. Jan. 7, 2009). The bill was read the first time.

  • S. 32 (Specter, R-Pa.) (FERC) would require FERC to hold at least one public hearing before issuing a permit affecting public or private land use in a locality. 155 Cong. Rec. S40 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 40 (McCain, R-Ariz.) (National Wild and Scenic Rivers System) would designate Fossil Creek, a tributary of the Verde River in the state of Arizona, as a component of the National Wild and Scenic Rivers System. 155 Cong. Rec. S40 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 109 (Levin, D-Mich.) (national lakeshore) would designate the Beaver Basin Wilderness at Pictured Rocks National Lakeshore in the state of Michigan. 155 Cong. Rec. S42 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 110 (Levin, D-Mich) (national parks) would provide for the designation of the River Raisin National Battlefield Park in the state of Michigan. 155 Cong. Rec. S42 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 134 (Levin, D-Mich) (National Trails System Act) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the North Country National Scenic Trail. 155 Cong. Rec. S42 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 135 (Levin, D-Mich.) (national parks) would decrease the matching funds requirement and authorize additional appropriations for Keweenaw National Historical Park in the state of Michigan. 155 Cong. Rec. S42 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 137 (Brown, D-Ohio) (energy) would seek to create jobs and reduce the United States' dependence on foreign and unsustainable energy sources by promoting the production of green energy. 155 Cong. Rec. S43 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 140 (Feinstein, D-Cal.) (mining) would modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims. 155 Cong. Rec. S43 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 152 (McCain, R-Ariz.) (land study) would direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the state of Arizona. 155 Cong. Rec. S43 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 153 (McCain, R-Ariz.) (National Trails System Act) would amend the National Trails System Act to designate the Arizona National Scenic Trail. 155 Cong. Rec. S43 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 159 (Lautenberg, D-N.J.) (national parks) would establish the Paterson Great Falls National Historical Park. 155 Cong. Rec. S43 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 161 (Feinstein, D-Cal.) (San Joaquin River) would authorize implementation of the San Joaquin River Restoration Settlement. 155 Cong. Rec. S43 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 170 (Gregg, R-N.H.) (coastal areas) would authorize the acquisition of interests in undeveloped coastal areas in order to ensure their protection from development. 155 Cong. Rec. S211 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 174 (Inouye, D, Haw.) (ocean mapping) would establish a coordinated and comprehensive federal ocean and coastal mapping program. 155 Cong. Rec. S211 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 180 (Salazar, D-Colo.) (National Heritage Area) would establish the Cache La Poudre River National Heritage Area. 155 Cong. Rec. S211 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 183 (Salazar, D-Colo.) (National Conservation Area) would establish the Dominguez-Escalante National Conservation Area and the Dominguez Canyon Wilderness Area. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 184 (Salazar, D-Colo.) (land rehabilitation) would authorize the Secretary of the Interior to carry out the Jackson Gulch rehabilitation project in the state of Colorado. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 185 (Salazar, D-Colo.) (National Heritage Area) would establish the Sangre de Cristo National Heritage Area in the state of Colorado. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 186 (Salazar, D-Colo.) (National Heritage Area) would establish the South Park National Heritage Area in the state of Colorado. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 187 (Udall, D-Colo.) (Arkansas Valley Conduit) would provide for the construction of the Arkansas Valley Conduit in the state of Colorado. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 188 (Udall, D-Colo.) (National Forests) would provide for a study of options for protecting the open space characteristics of certain lands in and adjacent to the Arapaho and Roosevelt National Forests in Colorado. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 189 (Udall, D-Colo.) (National Trails System Act) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the majority of the trails in the system. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 190 (Udall, D-Colo.) (wilderness designation) would designate as wilderness certain land within the Rocky Mountain National Park and adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest in the state of Colorado. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 191 (Salazar, D-Colo.) (national parks) would amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and provide for the administration of the Baca National Wildlife Refuge. 155 Cong. Rec. S212 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 14 (Baird, D-Wash.) (oceans) would provide for ocean acidification research and monitoring. 155 Cong. Rec. H28 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Science and Technology.

  • H.R. 21 (Farr, D-Cal.) (oceans) would establish a national policy for our oceans, strengthen NOAA, and establish a national and regional ocean governance structure. 155 Cong. Rec. H28 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources and the Committee on Science and Technology.

  • H.R. 31 (McIntyre, D-N.C.) (tribal recognition) would provide for the recognition of the Lumbee Tribe of North Carolina. 155 Cong. Rec. H29 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 38 (Calvert, R-Cal.) (water) would authorize the Secretary of the Interior to plan, design, and construct facilities to provide water for irrigation, municipal, domestic, and other uses from the Bunker Hill Groundwater Basin, Santa Ana River, California. 155 Cong. Rec. H29 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 39 (Markey, D-Mass.) (wilderness designation) would preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness. 155 Cong. Rec. H29 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 49 (Young, R-Alaska) (energy) would direct the Secretary of the Interior to establish and implement a competitive oil and gas leasing program for purposes of creating an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain of Alaska. 155 Cong. Rec. H29 (daily ed. Jan. 6, 2009). The bill was referred to the Committees on Natural Resources, Energy and Commerce, and Science and Technology.

  • H.R. 51 (Kirk, R-Ill.) (invasive species) would direct the Director of the FWS to conduct a study of the feasibility of a variety of approaches to eradicating Asian carp from the Great Lakes and their tributary and connecting waters. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 52 (Kirk, R-Ill.) (Tropical Forest Conservation Act) would amend the Tropical Forest Conservation Act of 1998 to provide debt relief to developing countries that take action to protect tropical forests and coral reefs and associated coastal marine ecosystems and reauthorize such Act through fiscal year 2011. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Foreign Affairs.

  • H.R. 53 (Kirk, R-Ill.) (water pollution) would amend the Internal Revenue Code of 1986 to deny refinery expensing to owners of refineries that are permitted to increase the discharge of pollutants into the Great Lakes. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 54 (Kirk, R-Ill.) (CWA) would amend the Federal Water Pollution Control Act to establish a deadline for restricting sewage dumping into the Great Lakes and to fund programs and activities for improving wastewater discharges into the Great Lakes. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 58 (Kirk, R-Ill.) (green schools) would promote green schools. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Ways and Means and the Committee on Education and Labor.

  • H.R. 75 (Issa, R-Cal.) (water) would authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources and the Committee on Armed Services.

  • H.R. 76 (Issa, R-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Elsinore Valley Municipal Water District Wildomar Service Area Recycled Water Distribution Facilities and Alberhill Wastewater Treatment and Reclamation Facility Projects. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 80 (Blumenaur, D-Or.) (Lacey Act) would amend the Lacey Act Amendments of 1981 to treat nonhuman primates as prohibited wildlife species under that Act and make corrections in the provisions relating to captive wildlife offenses under that Act. 155 Cong. Rec. H30 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 81 (Bordallo, D-Guam) (shark conservation) would amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks. 155 Cong. Rec. H31 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 86 (Campbell, R-Cal.) (coastal policy) would eliminate an unused lighthouse reservation and provide management consistency to the rocks and small islands along the coast of Orange County, California. 155 Cong. Rec. H31 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 88 (Capps, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters in the area of Oxnard, California. 155 Cong. Rec. H31 (daily ed. Jan. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 229 (Ryan, D-Ohio) (Mount McKinley) would provide for the retention of the name of Mount McKinley. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 232 (Baldwin, D-Wis.) (greenhouse gas) would provide for the creation of a federal greenhouse gas registry. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 276 (Miller, R-Mich.) (EPA) would direct the Administrator of EPA to convene a task force to develop recommendations on the proper disposal of unused pharmaceuticals. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 279 (Ortiz, D-Tex.) (national parks) would amend the Palo Alto Battlefield National Historic Site Act of 1991 to designate the historic site as the Palo Alto Battlefield National Historical Park and expand the boundaries of the park. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 280 (Pascrell, D-N.J.) (national parks) would establish the Paterson Great Falls National Historical Park. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 283 (Space, D-Ohio) (national parks) would modify the boundary of the Hopewell Culture National Historical Park in the state of Ohio. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 284 (Spratt, D-S.C.) (historic site) would direct the Secretary of the Interior to complete a special resource study of the site of the Battle of Camden. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 285 (Thompson, D-Cal.) (water) would authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 286 (Turner, R-Ohio) (national parks) would amend the Dayton Aviation Heritage Preservation Act of 1992 to add sites to the Dayton Aviation Heritage National Historical Park. 155 Cong. Rec. H68 (daily ed. Jan. 7, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 292 (Buyer, R-Ind.) (energy and water efficiency) would improve energy and water efficiencies and conservation throughout the Department of Veterans Affairs. 155 Cong. Rec. H88 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Veterans' Affairs and the Committee on Science and Technology.

  • H.R. 300 (Ehlers, R-Mich.) (NOAA) would provide for NOAA. 155 Cong. Rec. H88 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Science and Technology and the Committee on Natural Resources.

  • H.R. 310 (Boren, D-Okla.) (national park) would provide for the conveyance of approximately 140 acres of land in the Ouachita National Forest in Oklahoma to the Indian Nations Council, Inc., of the Boy Scouts of America. 155 Cong. Rec. H88 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 316 (Delahunt, D-Mass.) (Parks and Public Lands Management Act) would amend the Omnibus Parks and Public Lands Management Act of 1996 to authorize the Secretary of the Interior to enter into cooperative agreements with any of the management partners of the Boston Harbor Islands National Recreation Area. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 317 (Delahunt, D-Mass.) (Adams National Historical Park Act ) would amend the Adams National Historical Park Act of 1998 to include the Quincy Homestead within the boundary of the Adams National Historical Park. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 318 (Delahunt, D-Mass.) (Cape Cod National Seashore Advisory Commission) would extend the authority for the Cape Cod National Seashore Advisory Commission. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 324 (Grijalva, D-Ariz.) (national heritage area) would establish the Santa Cruz Valley National Heritage Area. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 325 (Grijalva, D-Ariz.) (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 Avra/Black Wash Reclamation and Riparian Restoration Project. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 326 (Grijalva, D-Ariz.) (land trust) would direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Tribe of Arizona. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 328 (Hinchey, D-N.Y.) (National Trails System Act) would amend the National Trails System Act to designate the Washington-Rochambeau Revolutionary Route National Historic Trail. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 330 (Lee, D-Cal.) (energy efficiency) would establish grant programs to encourage energy-efficient economic development and green job training and creation and establish the Metro Area Green Institute to produce and disseminate best practice information to economic and workforce development initiatives undertaken by metropolitan communities nationally. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Education and Labor.

  • H.R. 337 (Matheson, D-Utah) (public land) would provide for the sale of approximately 25 acres of public land to the Turnabout Ranch, Escalante, Utah, at fair market value. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 338 (Matheson, D-Utah) (public land) would authorize the Boy Scouts of America to exchange certain land in the state of Utah acquired under the Recreation and Public Purposes Act. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 340 (Platts, R-Pa.) (national parks) would authorize the Secretary of the Interior to study the suitability and feasibility of designating Camp Security, located in Springettsbury, York County, Pennsylvania, as a unit of the National Park System. 155 Cong. Rec. H89 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 348 (Skelton, D-Mo.) (national historic site) would direct the Secretary of the Interior to complete a special resource study to determine the suitability and feasibility of adding the birthplace site to the Harry S. Truman National Historic Site or designating the site as a separate unit of the National Park System. 155 Cong. Rec. H90 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 351 (Tsongas, D-Mass.) (national park) would expand the boundary of the Minute Man National Historical Park in the Commonwealth of Massachusetts to include Barrett's Farm. 155 Cong. Rec. H90 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 352 (Walden, R-Or.) (water) would authorize the Secretary of the Interior to assist in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon. 155 Cong. Rec. H90 (daily ed. Jan. 8, 2009). The bill was referred to the Committee on Natural Resources.

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. To access material previously reported in 2009, visit our list of Cumulative State Developments. For state material reported prior to 2009, visit the ELR Archives.


The states below have updates this week:

























Alabama Iowa Rhode Island
Alaska Nevada Texas
California New Jersey Utah
Delaware New Mexico Virginia
Florida Ohio Washington
Idaho Oregon  

 


ALABAMA


General:



  • The Department of Environmental Management will hold a public hearing on proposed amendments to 335-1-1-.03, Organization and Duties of the Commission, and 335-2-2-.05, Consideration of Petition. The amendments would establish a process for updating the Unified Strategic Plan (USP), the plan under which the Commission and Department will operate, and include consideration of the relevance and relation of a proposed rule to the most recent USP as an item that the Commission may take into account when it considers petitions for rulemaking. The hearing will be February 4, 2009. See http://www.adem.state.al.us//PubHearings/Div1/12div1-2.htm

Water:



  • The Department of Environmental Management will hold a public hearing on proposed amendments to division 335-7, chapters 335-7-2; 335-7-5; 335-7-6; 335-7-10; 335-7-11; 335-7-14; and Appendices A, B, and C. The amendments reflect recent changes in the federal National Primary Drinking Water Regulations. Other revisions include correcting clerical errors and making clarifications to existing rules. The hearing will be February 4, 2009. See http://www.adem.state.al.us//PubHearings/Div7/12div7.htm

ALASKA


Air:



  • The Department of Environmental Conservation will hold a public hearing on proposed amendments to Title 18, Chapter 50, of the Alaska Administrative Code. The changes would update the State Air Quality Control Plan to adopt by reference Juneau's Mendenhall Valley PM10 Limited Maintenance Plan, and update the reference at 18 AAC 50.030(2) to the Code of the City and Borough of Juneau for declaring air pollution alerts and emergencies so that it references the current code as amended in September 2008. The hearing will be February 3, 2009. Comments are due February 6, 2009. See http://notes4.state.ak.us/pn/pubnotic.nsf/cc52605f7c156e7a8925672a0060a91b/a470740f25b9e8f289257530000aba66?OpenDocument

CALIFORNIA


Air:



  • The South Coast Air Quality Management District will hold a public hearing on proposed amendments to Rule 317, CAA Nonattainment Fees; and Rule 1173, Control of Volatile Organic Compound Leaks and Releases from Components at Petroleum Facilities and Chemical Plants. The objective of the proposed amendments is to implement the mandatory provisions of the 1990 amendments to the federal CAA as they apply to major stationary sources of volatile organic compounds or nitrogen oxide located in the South Coast Air Basin or Salton Sea Air Basin if the air basins do not achieve the federal one-hour ozone standard by their designated attainment dates. The hearing will be February 6, 2009. See http://www.aqmd.gov/pub_edu/nph_317_Feb_6_09.html and http://www.aqmd.gov/pub_edu/nph_1173_Feb_6_09.html

Energy:



  • The California Energy Commission will hold a public hearing on proposed adoption of new regulations to define the administration of the Alternative and Renewable Fuel and Vehicle Technology Program. The objective of the regulations is to develop and deploy innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change goals. The proposed regulations provide the guidance and rules for which funding can be distributed for appropriate projects. The hearing will be February 25, 2009. See http://www.oal.ca.gov/pdfs/notice/1z-2009.pdf (pp. 28-30)

DELAWARE


Air:



  • The Department of Natural Resources and Environmental Control will hold a public hearing on proposed amendments to regulation 1141, Limiting Emissions of Volatile Organic Compounds (VOC) from Consumer and Commercial Products. The amendment adds 23 new products and product types to the existing slate of consumer products for which VOC content has been regulated since 2001 as well as a new category of commercially used products. The hearing will be January 28, 2009. See http://regulations.delaware.gov/register/january2009/proposed/12%20DE%20Reg%20921%2001-01-09.htm#P35_1883

Fisheries:



FLORIDA


Air:



Water:



  • The Department of Environmental Protection will hold a public hearing on proposed amendments to 62-304.520, Indian River Lagoon TMDL; and 62-304.705, St. Lucie Basin TMDLs. The purpose of the rule is to adopt TMDLs and their allocations for the impaired water segments that drain into the Indian River and the St. Lucie Estuary. The hearing will be February 6, 2009. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3453/3453doc.pdf (pp. 6917-6922)

IDAHO


Air:



  • The Department of Environmental Quality adopted amendments to 58.01.01, Rules for the Control of Air Pollution in Idaho. The purpose of this rulemaking is to revise §§760 through 764, Rules for the Control of Ammonia from Dairy Farms, by adding best management practices using Zeolite, an ammonia-reducing product. See http://adm.idaho.gov/adminrules/bulletin/bul/09bul/09jan.pdf (p. 449)

  • The Department of Environmental Quality will hold a public hearing on proposed amendments to 58.01.01, Rules for the Control of Air Pollution in Idaho. The purpose of this rulemaking is to establish the minimum requirements for a vehicle emissions testing program when ambient air quality concentrations are at or above 85% of a NAAQS and motor vehicle emissions constitute one of the two top contributing sources to the concentrations. The hearing will be February 3, 2009. See http://adm.idaho.gov/adminrules/bulletin/bul/09bul/09jan.pdf (p. 450)

Toxic Substances:



  • The Department of Agriculture adopted amendments to 02.03.03, Rules Governing Pesticide and Chemigation Use and Application. The amendments require inspections of pesticide producing establishments, pesticide dealers, and professional applicators to ensure that they are in compliance with federal pesticide containment requirements. The changes will become effective at the conclusion of the legislative session. See http://adm.idaho.gov/adminrules/bulletin/bul/09bul/09jan.pdf (p. 23)

IOWA


Air:



  • The Environmental Protection Commission adopted amendments to 22.106(1), Fee Established. The amendments increase the maximum annual Title V Operating Permit fee that the Environmental Protection Commission can establish from $39 per ton to $56 per ton on the first 4,000 tons of actual emissions of each regulated pollutant emitted annually from a major source. The changes will become effective February 4, 2009. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/12-31-2008.Bulletin.pdf (p. 1511)

Hazardous & Solid Waste:



  • The Environmental Protection Commission adopted amendments to Chapter 113, Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes. http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/12-31-2008.Bulletin.pdf (pp. 1512-16)

  • The Environmental Protection Commission adopted amendments to Rule 567 - 119.1(455D, 455B), Waste Oil. The changes include the addition of collection requirements for used oil filters, the addition of signage requirements for filter retailers, updates to the signage requirements for oil retailers, removal of some of the Department's responsibilities, and rescission of the state procurement regulations. The amendments also change the term "waste oil" to "used oil" to make it consistent with Iowa Code §455D.13. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/12-31-2008.Bulletin.pdf (pp. 1516-17)

NEVADA


Air:



  • The State Environmental Commission adopted amendments to Chapter 445B, Air Quality. The amendment defines the term "best available retrofit technology" for certain purposes relating to regional haze and sets the standards for emission limitation for that technology for certain sources. See http://www.leg.state.nv.us/register/2008Register/R190-08RP1.pdf

NEW JERSEY


Water:



  • The New Jersey Department of Environmental Protection is readopting, with amendments, the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A. The five major areas of amendments are new rules for Reclaimed Water for Beneficial Reuse at N.J.A.C. 7:14A-2.15; a revised groundwater fee method at N.J.A.C. 7:14A-3, Determination of Permit Fees; residual at N.J.A.C. 7:14A-20, Standards for the Use or Disposal of Residual; and effluent standards for whole effluent toxicity and phosphorous at N.J.A.C. 7:14A-5, Wastewater Discharge Requirements. See http://www.nj.gov/dep/rules/adoptions/adopt20090105njpdes.pdf

NEW MEXICO


Air:



Toxic Substances:



  • The Environment Department will hold a public hearing on proposed amendments to 20.5.17 NMAC, Corrective Action Fund Administration. The proposed amendments would streamline and reformat the rules to comply with NMAC requirements; improve the Petroleum Storage Tank Bureau's ability to effectively manage and maintain the solvency of the Corrective Action Fund; clarify existing and new departmental procedures for compliance determinations, contractor selection, workplan approval, approval of deliverables, submission of claims for payment, and applications for a zero or reduced deductible; conform the rules to existing Department forms; alleviate certain administrative burdens for owners, operators, and contractors; allow for the appointment of a designated representative to facilitate compliance with corrective action activities; expand administrative review opportunities to contractors and others; and increase the amounts paid for work performed by contractors and for use of certain field equipment. The hearing will be March 11, 2009. See http://www.nmcpr.state.nm.us/nmregister/xix/xix24/Environotice.htm

OHIO


Air:



  • The Ohio Environmental Protection Agency will hold a public hearing on proposed new and amended rules in Chapter 3745-21, Air Pollution. The new rules and amendments in this proposal are based on control technology guidelines (CTGs) issued by U.S. EPA in 2006 and 2007. The CTG-based rules are intended to address federal requirements and, along with the other rules in this submittal, to assist in achieving and maintaining the ozone NAAQS. The proposed new rules would apply to the eight moderate nonattainment counties located in the Cleveland/Akron, Ohio, metropolitan area. The hearing will be February 13, 2009. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_63660_20090105_0935.pdf

OREGON


Hazardous & Solid Waste:



RHODE ISLAND


Toxic Substances:



TEXAS


Energy:



  • The Public Utility Commission of Texas adopted an amendment to §25.173, relating to the Goal for Renewable Energy. The amendment will implement Public Utility Regulatory Act §39.904(m-1) and (m-2), which allow customers taking electric service at transmission-level voltage to opt out of the renewable energy portfolio standard program and direct the commission to establish the reporting requirements and a schedule associated with opting out of this program. See http://www.sos.state.tx.us/texreg/sos/adopted/16.ECONOMIC%20REGULATION.html#132

UTAH


Toxic Substances:



  • The Department of Environmental Quality has adopted amendments to R313-22-75, Special Requirements for a Specific License to Manufacture, Assemble, Repair, or Distribute Commodities, Products, or Devices Which Contain Radioactive Material; and R313-32, Medical Use of Radioactive Material. The changes incorporate certain requirements for nuclear pharmacists; specifically, a preceptor training document is now required before the person can be added to a radioactive materials license; and incorporate new federal regulations. See http://www.rules.utah.gov/publicat/bulletin/2009/20090101/32206.htm; and http://www.rules.utah.gov/publicat/bulletin/2009/20090101/32207.htm

VIRGINIA


Water:



  • The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals will hold a public hearing on proposed amendments to 18VAC160-20, Board for Waterworks and Wastewater Works Operators Regulations. The goal of the changes is to transfer the existing Department of Health regulatory program for onsite soil evaluators to the Department of Professional and Occupational Regulation and to establish a new regulatory program for onsite sewage system installers and operators with a minimum adverse impact on commerce. The hearing will be February 5, 2009. See http://legis.state.va.us/codecomm/register/vol25/iss09/p18v16020.html

  • The Department of Environmental Quality will hold a public hearing on proposed adoption of 9VAC25-190, Virginia Pollutant Discharge Elimination System General Permit Regulation for Nonmetallic Mineral Mining. The proposed regulation sets forth standard language for effluent limitations and monitoring requirements necessary to regulate the discharge of wastewater from nonmetallic mineral mining. The existing general permit expires on June 30, 2009. The general permit is being reissued to continue to make it available for nonmetallic mineral mining operations after that date. The hearing will be February 4, 2009. See http://legis.state.va.us/codecomm/register/vol25/iss09/p9v25190.html

WASHINGTON


Toxic Substances:



  • The Department of Ecology will hold a public hearing on proposed amendments to Chapter 173-183 WAC, Preassessment Screening and Oil Spill Compensation Schedule Regulations. The purpose of this proposal is to amend the compensation schedule mathematical formula multipliers in regulation so that the full range of compensation ($1 to $100 per gallon of oil spilled) required in state law can be calculated. Multiplier descriptions in regulation would also be changed to reflect the new ceiling value of $100 per gallon. The hearing will be January 27, 2009. See http://apps.leg.wa.gov/documents/laws/wsr/2009/01/09-01-124.htm

Water:



  • The Department of Ecology adopted amendments to Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Wells. The amendments make technical and typographical corrections to the current rule and add new provisions that require certification of certain drilling materials to protect groundwater quality. See http://apps.leg.wa.gov/documents/laws/wsr/2009/01/09-01-125.htm

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


INTERNATIONAL

GAS SUPPLY CRISIS MAY TRIGGER NEW LOOK AT GERMAN NUCLEAR


Germany should reassess its nuclear phase-out plan as last week's Russian gas supply crisis has highlighted the need for a fresh look at all its energy options, analysts say. Fresh doubts over the reliability of its mighty energy partner, Russia, will force Europe's biggest economy to try to reduce its future exposure to spats between Russia and Ukraine over transits, which are causing disruptions to European supply. German decisionmakers, who are usually faithful energy partners to Russia, need to present more independent scenarios including a reconsideration of plans to shut nuclear reactors. "It would be very rational indeed to allow the nuclear plants to run longer than under Germany's exit program," said Manuel Frondel of the Essen-based RWI institute. "I hope there will be a reassessment of the role nuclear energy can play, as the current gas supply crisis is fueling the discussion." The eight-year old nuclear withdrawal program for Germany's 17 reactors by 2021 is enshrined in law and has broad support of voters just nine months before a federal election. For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE50743X20090108

NEW ALLIANCE TO SAFEGUARD MARINE MAMMALS AND ECOSYSTEMS IN GREECE



Representatives of fisheries and local and regional authorities met conservation bodies at the International Summit on the Marine Environment in Heraklion, Crete, for the first time to discuss measures to protect the marine environment. Signatories to the Convention on Migratory Species (CMS), who participated in the conference together with signatories to its regional agreement on the conservation of whales and dolphins in the Mediterranean and the Black Sea, ACCOBAMS, facilitated the meeting as a further—and final—step forward in the Year of the Dolphin. CMS Executive Secretary Robert Hepworth said: "CMS supports the implementation of sustainable fisheries regulations that reconcile the protection of the marine ecosystems in Greece with the livelihoods of local communities. We need to halt the decline of these marine mammals so typical of Greece such as the Common Dolphin and the Mediterranean Monk Seal before they become extinct." For the full story, see http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=553&ArticleID=6022&l=en


JAPAN MULLS EXPANDING GREEN BUSINESS MARKET


Japan aims to expand the "green business" market and create up to 1 million new jobs, the environment ministry said on Wednesday, to simultaneously fight climate change and boost the economy amid a global downturn. Some world leaders have been calling for job creation through tax breaks and extra public spending to promote energy efficiency, mitigate carbon emissions, and develop renewable power sources. "The worldwide trend is to kill two birds with one stone by investing in action against global warming and linking that to taking care of both the environment and the economy," said Ichiro Sumikura, an environment ministry official. "We want to take the initiative and build a leading low-carbon society while stepping out of recession before anyone else in the world." Japan's greenhouse gas emissions rose to a record high in the year to March 2008, putting it at risk of missing its Kyoto Protocol target of cutting emissions of carbon dioxide and other greenhouse gases to 6 percent below 1990 levels from 2008 to 2012. For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE50613720090107

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


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