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Weekly Update Volume 39, Issue 18

06/29/2009

LITIGATION

CWA, MINING PERMITS:



The U.S. Supreme Court held that the Corps, not EPA, has the authority to permit slurry discharges from mining operations, and that the Corps complied with the law in issuing such a permit to a gold mine in Alaska. CWA §404 grants the Corps the power to "issue permits . . . for the discharge of . . . fill material" whereas CWA §402 grants EPA authority to "issue a permit for the discharge of any pollutant" except as provided in §404. Because the slurry the mining company wishes to discharge is defined by regulation as fill material," the company properly obtained its permit from the Corps rather than from EPA. As for claims that the permit violated EPA's new source performance standards and is unlawful under CWA §306, the Act is ambiguous as to whether CWA §306 applies to discharges of fill material regulated under §404. Regulations bearing on §§306 and 404 are ambiguous as well. The Court, therefore, turned to the agencies’ subsequent interpretation of those regulations and found that the question at issue can be resolved by two agencies’ practice and policy as recited in EPA’s internal "Regas Memorandum." This memorandum explains that the performance standard applies only to the discharge of water from the lake into the downstream creek and not to the initial discharge of slurry into the lake. Though the memorandum is not subject to sufficiently formal procedures to merit full Chevron deference, the Court deferred to it because it is not plainly erroneous or inconsistent with the regulations. Kennedy, J. delivered the opinion of the Court, in which Roberts, C.J., and Thomas, Breyer, and Alito, JJ., joined, and in which Scalia, J., joined in part. Breyer, J., filed a concurring opinion. Scalia, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed a dissenting opinion, in which Stevens and Souter, JJ., joined. Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07-984, 39 ELR 20133 (U.S. June 22, 2009).


CONSTITUTION, TONNAGE CLAUSE:



The U.S Supreme Court held that a local ordinance that imposes a personal property tax on certain boats and vessels but contains exceptions that, in effect, largely limit its applicability to large oil tankers violates the U.S. Constitution's Tonnage Clause, Art. I, §10, cl. 3. The ordinance imposes "a charge for the privilege of entering, trading in, or lying in a port." The tax applies almost exclusively to oil tankers but to no other form of personal property. Moreover, the tax is closely correlated with cargo capacity. Contrary to the city's argument, the fact that the tax is designed to raise revenue for general municipal services argues for, not against, application of the Clause. The Court did not reach the question whether the tax also violated the Commerce and Due Process Clauses. Breyer, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–A, and II–B–1, in which Scalia, Kennedy, Ginsburg, and Alito, JJ., joined, and an opinion with respect to Part II–B–2, in which Scalia, Kennedy, and Ginsburg, JJ., joined. Roberts, C.J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment. Stevens, J., filed a dissenting opinion, in which Souter, J., joined. Polar Tankers, Inc. v. City of Valdez, No. 08-310, 39 ELR 20131 (U.S. June 15, 2009).


CONSTITUTION, TAKINGS:



The Federal Circuit reversed a lower court's dismissal of a property owner's claim for just compensation after the FWS required mitigation in connection with its sale of property to the U.S. Navy. A property owner sought to sell some of its land to the U.S. Navy. But because the FWS deemed the site critical habitat for the Mississippi Sandhill Crane, the owner had to purchase another site to be added to a nearby refuge as a mitigation measure before it could sell the site to the Navy. The owner argued this amounted to a compensable taking. The lower court ruled that the owner's asserted interest--the right to sell its land without any conditions--was not a recognizable property right. In so holding, the lower court mischaracterized both the property interest and regulatory restriction relevant to this case. The owner's claim does identify a cognizable property interest--the right to develop its land--and it plausibly alleged that FWS has, by regulation, affected that right. The proper focus is on FWS' regulation of development, not on the Navy’s purchase. The fact that FWS' actions took place during negotiations for a sale to the Navy does not change the nature of the fundamental property interest asserted, nor does it change the owner's allegations that it was FWS that "took" its property rights. On remand, the lower court must consider if and when any claim ripened as well as all of the factors relevant to the owner's investment-backed expectations. Schooner Harbor Ventures, Inc. v. United States, No. 2008-5084, 39 ELR 20132 (Fed. Cir. June 16, 2009).


CWA, STANDING:



The Eighth Circuit affirmed a lower court decision denying a business trade association's motion to intervene in a CWA enforcement action filed against a local sewer district by Missouri and the United States. The complaint alleges that from 2000 to 2005, the district discharged raw sewage into local waterways and otherwise violated its state-issued permits. The trade association sought to intervene in the action based on its concern that any injunction or consent decree imposed on the district might result in increased user rates and fees for its members. The association, however, lacks standing. It did not adequately allege that it would suffer a concrete and particularized injury, that its injury was fairly traceable to the challenged action, or that it would likely be redressed by a favorable decision. Nor does the association have a right to intervene under Fed. R. Civ. P. Rule 24(a)(1). Citizens seeking to intervene under the CWA's citizen suit provision must show that they are able to bring a private enforcement action in the first instance. Here, the group's dominant concerns about the expense of the district coming into compliance strongly suggests that it would be disinclined to file an enforcement action. Similarly, its interests are too tangential to establish a right to intervene under Fed. R. Civ. P. Rule 24(a)(2). United States v. Metropolitan St. Louis Sewer District, No. 08-3404, 39 ELR 20137 (8th Cir. June 22, 2009).


OIL SPILL, PUNITIVE DAMAGES:



The Ninth Circuit held that post-judgment interest on the $507.5 million in punitive damages awarded to the plaintiffs in the Exxon Valdez oil spill case will run from the date the judgment was entered--September 12, 1996. Plaintiffs’ entitlement to punitive damages was "meaningfully ascertained" when the original district court judgment was entered in 1996. Neither the evidentiary basis for the award nor the legal foundation for the award has been disturbed after nearly a dozen years of subsequent litigation. Interest on the $507.5 million judgment shall, therefore, run from September 24, 1996, at the statutorily set rate of rate of 5.9%. In addition, the court ruled that each party is to bear its own costs. Baker v. Exxon Mobil Corp., Nos. 04-35182, -35183, 39 ELR 20130 (9th Cir. June 15, 2009).


ENERGY POLICY & CONSERVATION ACT, CAA, PREEMPTION:



A district court preliminarily enjoined New York City from enforcing regulations that promote the purchase of hybrid taxicabs by reducing the rates at which taxicab owners may lease their vehicles to taxi drivers--thereby reducing the owners' overall profit--if the vehicle does not have a hybrid or clean-diesel engine. The regulations are a de facto mandate upon taxicab fleet owners to purchase hybrid vehicles. In addition, the fleet owners have demonstrated irreparable harm and a likelihood of success in showing that such a mandate is preempted by the Energy Policy and Conservation Act (EPCA) and the CAA. The EPCA provides that states may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards. Here, the purpose and effect of the regulations is to force fleet owners to purchase taxicabs with a certain miles per gallon rating; hence, the regulations are "related to" fuel economy standards. Similarly, the regulations are intended to reduce emissions, and CAA §209(a) preempts New York City from enacting regulations related to emissions control. Metropolitan Taxicab Board of Trade v. City of New York, No. 08 Civ. 7837, 39 ELR 20140 (S.D.N.Y. June 22, 2009) (Crotty, J.).


CERCLA, PENALTIES:



A district court held that the United States may seek the maximum civil penalties available under CERCLA for a Superfund site owner's failure to comply with a consent order even though the order called for much lower penalties. CERCLA §106 authorizes the penalties the government sought for the owner's violation of the consent order--up to $32,500 per day of noncompliance. Furthermore, the plain language of the consent order preserves the government's right to seek civil penalties under CERCLA. Lastly, the United States set forth sufficient facts that, if taken as true, would make relief plausible and entitle it to relief in the form of civil penalties as authorized by CERCLA. United States v. SB Building Associates, No. 08-5298, 39 ELR 20128 (D.N.J. June 1, 2009) (Thompson, J.).


CWA, CERCLA, REMOVAL ACTIONS:



A district court held that environmental groups' CWA lawsuit against the U.S. Forest Service for discharging pollutants at a former mining area in Washington’s Mt. Baker-Snoqualamie National Forest is a "challenge" to the Service's cleanup efforts at the site, and, therefore, is jurisdictionally barred by CERCLA §113(h). The group argued that the Forest Service's cleanup efforts fall not under CERCLA §104 but under §120, which does not trigger the CERCLA §113(h) jurisdictional bar. But the site is not listed on the national priorities list, EPA is not involved with the cleanup efforts at the site, and the Service’s actions to date are completely consistent with a "removal action" pursuant to §104. The Forest Service’s cleanup efforts, therefore, are part of a removal action under §104 and eligible for the jurisdictional bar. Moreover, the Forest Service's preliminary actions to clean up the mining area constitute removal actions under §104. And the group's suit is clearly "related to the goals of the cleanup." The goal for the cleanup is to address the harmful release of hazardous substances at the site, while the group's action seeks injunctive relief requiring the Service to obtain permits for the pollutants released at the same contamination sources. Although well-intentioned, the group's lawsuit seeks to improve on the cleanup; hence, it must be considered a challenge under CERCLA §113(h). Washington Environmental Council v. Mount Baker-Snoqualamie National Forest, No. 06-1249, 39 ELR 20129 (W.D. Wash. June 2, 2009) (Coughenour, J.).


SURFACE MINING, INTERVENTION:



A district court held that the West Virginia Department of Environmental Protection may intervene in environmental groups' lawsuit challenging the DOI Secretary's approval of two amendments to the state's surface mining regulatory program. Although the goal of the state agency appears to be identical to that of the Secretary--defending his decision--it is not clear that the interests are of identical magnitude. The Secretary's interest is in defending an agency decision handed down by an unelected appointee of the prior administration. The state agency arguably has a higher interest in defending the product of the full legislative process of West Virginia. It is at least conceivable that this difference in degree of interest could motivate the state agency to mount a more vigorous defense than the Secretary. Ohio River Valley Environmental Coalition, Inc. v. Salazar, No. 3:09-0149, 39 ELR 20141 (S.D. W. Va. June 18, 2009) (Chambers, J.).


ENVIROMENTAL CONTAMINATION, SUCCESSOR LIABILITY:



A district court held that under Pennsylvania law, a property owner that agreed to hold the seller harmless for environmental claims does not become a successor to the seller's environmental liabilities. In a settlement agreement between the current and prior owners, the current owner promised to conduct any recovery or remediation of contamination and to defend and hold the prior owner harmless from any claims or orders relating to such recovery or remediation. The United States, which owns neighboring property, filed suit under state law against both parties, arguing that the agreement's "hold harmless" language provides for successor liability. An agreement to defend and hold harmless, however, has a legal meaning that is distinct from assumption of liability. The current owner specifically agreed to defend and indemnify the prior owner for any claims made against the prior owner, but nowhere in the settlement agreement did it agree to assume any of the prior owner's liabilities. The agreement to defend and indemnify implies that the owner's duty to the prior owner only arises if a third party brings suit against the prior owner. This is distinct from a situation in which the owner agreed to assume the prior owner's liabilities as if it were the prior owner. United States v. Sunoco, Inc., No. 05-6336, 39 ELR 20139 (E.D. Pa. June 10, 2009) (Brody, J.).


RCRA, ILLINOIS ENVIRONMENTAL PROTECTION ACT:



A district court held that a property owner's receipt of a "no further remediation" letter from the state environmental agency does not bar a neighboring company's lawsuit against it under RCRA. Under Illinois law, a no further remediation letter releases the recipient from further responsibilities under the Illinois Environmental Protection Act and constitutes prima facie evidence that the covered property is not a threat to human health or the environment. The letter, however, only releases the property owner from liability under state law, not RCRA. Moreover, the letter represents prima facie, not conclusive, proof that the owner's property is contaminant-free. The court, therefore, denied the owner's motion to dismiss. Snellback Properties, LLC, v. Aetna Development Co., No. 08 C 7326, 39 ELR 20136 (N.D. Ill. June 9, 2009) (Guzmán, J.).


ESA, CAPTIVITY-BRED ANIMALS:



A district court held that FWS violated the ESA's notice and review provision, §10(c), when it issued a rule exempting three endangered antelope species bred in captivity in the United States from certain protections afforded under the Act. Private ranches in the United States breed antelope species in captivity. Some of these ranches allow sport hunters to kill antelopes for a fee. So when the FWS listed the antelope as endangered, it also issued a rule excepting U.S. captive-bred members of the antelope species from the take and other prohibitions of ESA §9. ESA §10(c), however, requires case-by-case consideration before the FWS may permit otherwise prohibited acts to enhance the propagation or survival of endangered species. The rule therefore violates this provision of the Act. Friends of Animals v. Salazar, Nos. 04-01660, -02120, 39 ELR 20134 (D.D.C. June 23, 2009) (Kennedy, J.).


DRINKING WATER, NOTICE:



The Supreme Court of California reversed a lower court decision holding that residents of a mobile home park may file suit against the county for failing to direct the park owner to notify the residents about contaminated drinking water. The residents claim that since at least 1995, the drinking water at the camp was contaminated with high levels of naturally occurring fluoride, but that residents were not told of the contamination until 2003. The lower court incorrectly ruled that the county had an implied mandatory duty to direct the owner to give such notification to residents. Although the county oversees the water systems within its jurisdiction, it does not have the primary responsibility to notify consumers of any contaminated water. This duty rests squarely with the operator of the water system. On remand, however, the lower court must determine whether the county has any express mandatory duties that are actionable under state law. Guzman v. County of Monterey, No. S157793, 39 ELR 20138 (Cal. June 22, 2009).


COAL-FIRED POWER PLANTS, STATE PERMITS:



An Arkansas appellate court struck down a state permit allowing an electric company to build a $1.6 billion coal-fired power plant near the state's southwest border with Texas. The state public service commission failed to require the company to address alternative locations in its permit application. Moreover, it failed to make a finding regarding the basis of the need for the new plant. And the commission failed to resolve all matters concerning the power plant and association transmission lines in a single proceeding. If the company chooses to reapply for a permit, the commission must conduct a single proceeding in compliance with the state's Utility Facility Environmental and Economic Protection Act, make the statutory findings required, resolve all matters regarding the generating plant and transmission lines and basis of need for such a facility in a single proceeding, and provide the appropriate notices with adequate opportunity for interested parties to participate in the decision. Hempstead County Hunting Club, Inc. v. Arkansas Public Service Comm'n, No. CA08-128, 39 ELR 20135 (Ark. Ct. App. June 24, 2009).


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 revised the area source category NESHAPs for aluminum, copper, and other nonferrous foundries. 74 FR 30366 (6/25/09).

  • EPA amended the national volatile organic compound (VOC) emission standards for aerosol coatings under §183(e) of the CAA. 74 FR 29595 (6/23/09).

  • EPA allocated essential use allowances for the import and production of chlorofluorocarbons--a Class I ozone-depleting substance--for use in metered dose inhalers for calendar year 2009. 74 FR 29952 (6/24/09).

  • EPA updated the outer continental shelf air regulations for the Ventura County air pollution control district in California. 74 FR 28875 (6/18/09).

  • EPA withdrew its approval of a revision to Indiana's SIP that would have extended its federally enforceable state operating permit renewal terms from five years to 10 years due to adverse comment. 74 FR 28616 (6/17/09).

  • EPA announced availability of the draft document titled Risk and Exposure Assessment to Support the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur: Second Draft. 74 FR 28698 (6/17/09).

  • EPA proposed amendments to its general provisions for stationary sources to allow accredited providers to supply stationary source audit samples and to require sources to obtain and use these samples from the accredited providers instead of from EPA, as is the current practice. 74 FR 28451 (6/16/09).

  • EPA entered into a proposed consent decree under the CAA requiring the Agency to outline objections to an operating permit issued to the Anadarko Petroleum Corporation to operate a natural gas compressor station in Weld County, Colorado. 74 FR 29691 (6/23/09).

  • SIP Approvals: Illinois (nitrogen oxide (NOx) SIP call Phase II rule) 74 FR 30466 (6/26/09). Tennessee (permit exemptions for Knox County) 74 FR 30235 (6/25/09). Virginia (reasonably available control technology (RACT) under the eight-hour ozone NAAQS for the counties of Arlington, Fairfax, Loudon, and Prince William) 74 FR 28444 (6/16/09). Washington, D.C. (RACT under the eight-hour ozone NAAQS) 74 FR 28447 (6/16/09).

  • SIP Proposals: California (VOC emissions for the San Joaquin Valley air pollution control district) 74 FR 28467 (6/16/09); (VOC emissions from consumer products) 74 FR 30481 (6/26/09); (particulate matter emissions from open burning, wood burning fireplaces, and heaters and the storage, handling, and transportation of coke, coal, and sulfur for the San Joaquin Valley unified air pollution control district and the South Coast air quality management district) 74 FR 30485 (6/26/09). Illinois (NOx SIP call Phase II rule; see above for direct final rule) 74 FR 30481 (6/26/09). Tennessee (permit exemptions for Knox County; see above for direct final rule) 74 FR 30259 (6/25/09).

ENERGY:



  • EPA finalized amendments to the renewable fuel standard program requirements promulgated on May 1, 2007. 74 FR 29948 (6/24/09).

  • The Minerals Management Service proposed to require operators to develop and implement a safety and environmental management system to address oil and gas operations in the outer continental shelf. 74 FR 28639 (6/17/09).

HAZARDOUS AND SOLID WASTE:



  • EPA established November 10, 2010, as the date for facilities and farms to prepare or amend their spill prevention, control, and countermeasure plans. 74 FR 29136 (6/19/09).

  • EPA entered into a proposed administrative agreement under CERCLA that requires the settling party to pay $119,000 in U.S. response costs incurred at the Haythorne Logistics Spill site in Cheboygan County, Michigan. 74 FR 28243 (6/15/09).

  • EPA entered into a proposed administrative settlement under CERCLA for past U.S. response costs incurred at the W.R. Grace Superfund site in Wilder, Kentucky. 74 FR 29698 (6/23/09).

OFFICE OF THE PRESIDENT:



  • The president issued a memorandum establishing an Interagency Ocean Policy Task Force to meet the objectives of a national policy for the oceans, the coasts, and the Great Lakes. 74 FR 28591 (6/17/09).

  • The president proclaimed June 2009, as National Oceans Month. 74 FR 28595 (6/17/09).

RADIOACTIVE WASTE:



  • EPA proposed approval of the radioactive, remote-handled, transuranic waste characterization program at the General Electric Vallecitos Nuclear Center in Sunol, California. 74 FR 29694 (6/23/09).

TOXIC SUBSTANCES:



  • EPA promulgated significant new use rules under §5(a)(2) of TSCA for 23 chemical substances. 74 FR 29982 (6/24/09).

WATER:



  • EPA gave tentative approval to Idaho's public water supply supervision primacy program. 74 FR 29697 (6/23/09).

  • EPA entered into a proposed consent agreement requiring a telecommunications company to pay a $468,600 penalty assessment in connection with its failure to comply with the CWA, EPCRA, and the CAA at hundreds of facilities across the country. 74 FR 29480 (6/22/09).

WILDLIFE:



  • FWS announced a 90-day finding on a petition to revise critical habitat for the clay-loving wild buckwheat under the ESA; the Agency found that revision may be warranted and initiated a 12-month status review. 74 FR 29456 (6/22/09).

  • FWS announced availability of draft revised marine mammal stock assessment reports for the Pacific walrus stock and two stocks of polar bears. 74 FR 28946 (6/18/09).

  • FWS designated approximately 62,125 acres in San Diego and Riverside counties, California, as critical habitat for the Quino checkerspot butterfly. 74 FR 28776 (6/17/09).

  • NOAA-Fisheries designated approximately 19,571 kilometers (km) of perennial river, stream, and estuary habitat and 799 square km of lake habitat in the state of Maine as critical habitat for the Atlantic salmon distinct population segment. 74 FR 29300 (6/19/09).

  • NOAA-Fisheries and the FWS determined that the Gulf of Maine distinct population segment of the Atlantic salmon warrants listing as endangered under the ESA. 74 FR 29344 (6/19/09).

DOJ NOTICE OF SETTLEMENT:



  • United States v. General Electric Co., No. 1:09-cv-00545 (D. N. Mex. June 3, 2009). A settling CERCLA defendant must pay $257,670 in past U.S. response costs incurred at the South Valley Superfund site in Albuquerque, New Mexico, must pay $71,715 in future U.S. response costs, and must pay interest accrued on those two sums; previous owners of the site, the U.S. Air Force and DOE, must pay $2,605,330 in past U.S. response costs and must pay $725,126 in future U.S. response costs. 74 FR 28954 (6/18/09).

  • United States v. Waste Management of Wisconsin, Inc., No. 09-cv-0135 (E.D. Wis. June 5, 2009). Settling CERCLA defendants must pay $340,898 in U.S. response costs incurred at the Watertown Tire Fire site in Watertown, Wisconsin. 74 FR 28274 (6/15/09).

  • United States v. Wallside, Inc., No. 2:09-12317-AC-DAS (E.D. Mich. June 16, 2009). A settling TSCA defendant must pay a $100,000 civil penalty, must certify that it is now in compliance and will continue to comply with residential lead-based paint hazard notification requirements, and must perform two supplemental environmental projects. 74 FR 30110 (6/24/09).

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


THE CONGRESS

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


Committee Action



  • S. 685 (oil transportation) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 111-26, 155 Cong. Rec. S6580 (daily ed. June 15, 2009). The bill would require new vessels for carrying oil fuel to have double hulls.

  • H.R. 556 (wildlife) was reported by the Committee on Natural Resources. H. Rep. No. 111-175, 155 Cong. Rec. H7144 (daily ed. June 23, 2009). The bill would establish a program of research, recovery, and other activities to provide for the recovery of the southern sea otter.

  • H.R. 934 (submerged lands) was reported by the Committee on Natural Resources. H. Rep. No. 111-176, 155 Cong. Rec. H7144 (daily ed. June 23, 2009). The bill would convey certain submerged lands to the Commonwealth of the Northern Mariana Islands in order to give that territory the same benefits in its submerged lands as Guam, the Virgin Islands, and American Samoa have in their submerged lands.

  • H.R. 1018 (wildlife) was reported by the Committee on Natural Resources. H. Rep. No. 111-177, 155 Cong. Rec. H7144 (daily ed. June 23, 2009). The bill would amend the Wild Free-Roaming Horses and Burros Act to improve the management and long-term health of wild free-roaming horses and burros.

  • H.R. 1275 (land exchange) was reported by the Committee on Natural Resources. H. Rep. No. 111-179, 155 Cong. Rec. H7144 (daily ed. June 23, 2009). The bill would direct the exchange of certain land in Grand, San Juan, and Uintah Counties, Utah.

  • H.R. 2847 (appropriations) was reported by the Committee on Appropriations. S. Rep. No. 111-34, 155 Cong. Rec. S7069 (daily ed. June 25, 2009). The bill would make appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010.

  • H.R. 2996 (appropriations) was reported by the Committee on Appropriations. H. Rep. No. 111-180, 155 Cong. Rec. H7144 (daily ed. June 23, 2009). The bill would make appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010.

  • H.R. 2997 (appropriations) was reported by the Committee on Appropriations. H. Rep. No. 111-181, 155 Cong. Rec. H7144 (daily ed. June 23, 2009). The bill would make appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2010.

  • H. Res. 449 (greenhouse gas) was reported by the Committee on Energy and Commerce. H. Rep. No. 111-146, 155 Cong. Rec. H6742 (daily ed. June 12, 2009). The resolution would request the President to provide certain documents in his possession to the U.S. House of Representatives relating to EPA's April proposed finding that greenhouse gas emissions are a danger to public health and welfare.

  • H. Res. 578 (appropriations) was reported by the Committee on Rules. H. Rep. No. 111-184, 155 Cong. Rec. H7236 (daily ed. June 24, 2009). The resolution would providing for consideration of the bill (H.R. 2996) making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010.

Bills Introduced



  • S. 1264 (Udall, D-Colo.) (infrastructure) would require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the state of Colorado and provide grants to, and enter into cooperative agreements with, the Southern Ute Indian tribe to assess, repair, rehabilitate, or reconstruct existing infrastructure. 155 Cong. Rec. S6580 (daily ed. June 15, 2009). The bill was referred to the Committee on Indian Affairs.

  • S. 1270 (Wyden, D-Or.) (National Monument) would modify the boundary of the Oregon Caves National Monument. 155 Cong. Rec. S6650 (daily ed. June 16, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1271 (Wyden, D-Or.) (Wild and Scenic Rivers Act (WSRA)) would amend the WSRA to add certain segments to the Rogue River designation. 155 Cong. Rec. S6650 (daily ed. June 16, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1272 (Wyden, D-Or.) (wilderness areas) would provide for the designation of the Devil's Staircase Wilderness Area in the state of Oregon and designate segments of Wasson and Franklin Creeks in the state of Oregon as wild or recreation rivers. 155 Cong. Rec. S6650 (daily ed. June 16, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1311 (Wicker, R-Miss.) (Federal Water Pollution Control Act (FWPCA)) would amend the FWPCA to expand and strengthen cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems of the Gulf of Mexico. 155 Cong. Rec. S6845 (daily ed. June 19, 2009). The bill was referred to the Committee on Environment and Public Works.

  • S. 1320 (Tester, D-Mont.) (energy) would provide assistance to owners of manufactured homes constructed before January 1, 1976, to purchase Energy Star-qualified manufactured homes. 155 Cong. Rec. S6888 (daily ed. June 22, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1321 (Udall, D-Colo.) (water) would amend the Internal Revenue Code of 1986 to provide a credit for property labeled under the Environmental Protection Agency Water Sense program. 155 Cong. Rec. S6888 (daily ed. June 22, 2009). The bill was referred to the Committee on Finance.

  • S. 1325 (Specter, D-Pa.) (coal) would amend the Internal Revenue Code of 1986 to permanently extend and modify the section 45 credit for refined coal from steel industry fuel. 155 Cong. Rec. S6938 (daily ed. June 23, 2009). The bill was referred to the Committee on Finance.

  • S. 1328 (Feinstein, D-Cal.) (federal land) would provide for the exchange of administrative jurisdiction over certain Federal land between the Forest Service and the Bureau of Land Management. 155 Cong. Rec. S6938 (daily ed. June 23, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1333 (Barrasso, R-Wyo.) (energy) would seek to provide clean, affordable, and reliable energy. 155 Cong. Rec. S6993 (daily ed. June 24, 2009). The bill was referred to the Committee on Finance.

  • S. 1342 (Crapo, R-Idaho) (radiation) would include Idaho and Montana as affected areas for purposes of making claims under the Radiation Exposure Compensation Act based on exposure to atmospheric nuclear testing. 155 Cong. Rec. S6993 (daily ed. June 24, 2009). The bill was referred to the Committee on the Judiciary.

  • S. 1348 (Chambliss, R-Ga.) (hunting) would recognize the heritage of hunting and provide opportunities for continued hunting on federal public land. The bill was referred to the Committee on Energy and Natural Resources. 155 Cong. Rec. S7069 (daily ed. June 25, 2009).

  • S. 1350 (Pryor, D-Ark.) (gasoline) would encourage increased production of natural gas and liquified petroleum gas vehicles and to provide tax incentives for natural gas and liquefied petroleum gas vehicle infrastructure. 155 Cong. Rec. S7069 (daily ed. June 25, 2009). The bill was referred to the Committee on Finance.

  • S. 1356 (Boxer, D-Cal.) (National Trails System Act) would amend the National Trails System Act to provide for the study of the Western States Trail. 155 Cong. Rec. S7070 (daily ed. June 25, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1369 (Wyden, D-Or.) (WSRA) would amend the WSRA to designate segments of the Molalla River in the state of Oregon as components of the National Wild and Scenic Rivers System. 155 Cong. Rec. S7070 (daily ed. June 25, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1371 (Nelson, D-Fl.) (water supply) would amend the Internal Revenue Code of 1986 to provide for clean renewable water supply bonds. 155 Cong. Rec. S7070 (daily ed. June 25, 2009). The bill was referred to the Committee on Finance.

  • S. 1379 (Whitehouse, D-R.I.) (energy) would encourage energy efficiency and conservation and development of renewable energy sources for housing, commercial structures, and other buildings, and would create sustainable communities. 155 Cong. Rec. S7070 (daily ed. June 25, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 2846 (Boehner, R-Ohio) (energy) would seek to increase energy production, encourage the development of alternative and renewable energy, and promote greater efficiencies and conservation for a cleaner environment. 155 Cong. Rec. H6742 (daily ed. June 12, 2009). The bill was referred to the Committees on Natural Resources, the Judiciary, Ways and Means, Energy and Commerce, Armed Services, Oversight and Government Reform, and Science and Technology.

  • H.R. 2864 (Young, R-Alaska) (Hydrographic Services Improvement Act) would amend the Hydrographic Services Improvement Act of 1998 to authorize funds to acquire hydrographic data and provide hydrographic services specific to the Arctic for safe navigation, delineate the U.S. extended continental shelf, and monitor and describe coastal changes. 155 Cong. Rec. H6743 (daily ed. June 12, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2865 (Young, R-Alaska) (Arctic) would seek to ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. 155 Cong. Rec. H6742 (daily ed. June 12, 2009). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 2869 (DeFazio, D-Or.) (energy) would require the Commodity Futures Trading Commission to take certain actions to prevent the manipulation of energy markets. 155 Cong. Rec. H6805 (daily ed. June 15, 2009). The bill was referred to the Committee on Agriculture.

  • H.R. 2878 (Israel, D-N.Y.) (energy) would authorize microenterprise assistance for renewable energy projects in developing countries. 155 Cong. Rec. H6806 (daily ed. June 15, 2009). The bill was referred to the Committee on Foreign Affairs.

  • H.R. 2880 (Pingree, D-Me.) (greenhouse gas) would require the Secretary of Agriculture to establish a carbon incentives program to achieve supplemental greenhouse gas emissions reductions on private agricultural and forestland of the United States. 155 Cong. Rec. H6806 (daily ed. June 15, 2009). The bill was referred to the Committees on Agriculture and Energy and Commerce.

  • H.R. 2883 (Bernice Johnson, D-Tex.) (FWPCA) would amend the FWPCA to provide for security at wastewater treatment works. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 2884 (Faleomavaega, D-Am. Sam.) (energy) would amend the Internal Revenue Code of 1986 to clarify that electricity produced in certain possessions of the United States and other areas is eligible for the credit for electricity produced from certain renewable resources. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2885 (Faleomavaega, D-Am. Sam.) (energy) would amend the Internal Revenue Code of 1986 to expand the credit for electricity produced from certain renewable resources and the investment energy credit to include ocean thermal energy conversion projects. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2886 (Faleomavaega, D-Am. Sam.) (energy) would amend the Internal Revenue Code of 1986 to provide the nonbusiness energy property and residential energy efficient property tax incentives to residents of certain possessions of the Unites States and other areas. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2888 (DeFazio, D-Or.) (Wilderness Area) would provide for the designation of the Devil's Staircase Wilderness Area in the state of Oregon and designate segments of Wasson and Franklin Creeks in the state of Oregon as wild or recreation rivers. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2889 (DeFazio, D-Or.) (National Monument) would modify the boundary of the Oregon Caves National Monument. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2890 (DeFazio, D-Or.) (WSRA) would amend the WSRA to designate certain river segments in Oregon as wild or scenic rivers. 155 Cong. Rec. H6902 (daily ed. June 16, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2895 (Cardoza, D-Cal.) (Public Utility Regulatory Policies Act) would amend the Public Utility Regulatory Policies Act of 1978 to promote energy independence and self-sufficiency by providing for the use of net metering by certain small electric energy generation systems. 155 Cong. Rec. H6903 (daily ed. June 16, 2009). The bill was referred to the Committees on Energy and Commerce, Oversight and Government Reform, Financial Services, and Transportation and Infrastructure.

  • H.R. 2899 (Herger, R-Cal.) (forestry) would address the public health and safety threat presented by the risk of catastrophic wildfire on federal forestlands of the state of California by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest restoration, and forest health. 155 Cong. Rec. H6903 (daily ed. June 16, 2009). The bill was referred to the Committee on Agriculture and the Committee on Natural Resources.

  • H.R. 2908 (Markey, D-Mass.) (Strategic Petroleum Reserve) would provide for the sale of light grade petroleum from the Strategic Petroleum Reserve and its replacement with heavy grade petroleum. 155 Cong. Rec. H6971 (daily ed. June 17, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2916 (Chaffetz, R-Utah) (Land and Water Conservation Fund) would provide that no recreation grants made using funds from the Land and Water Conservation Fund may be used to acquire land or make improvements in state or local parks. 155 Cong. Rec. H6971 (daily ed. June 17, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2944 (Grijalva, D-Ariz.) (land use) would withdraw certain federal lands and interests located in Pima and Santa Cruz counties, Arizona, from the mining and mineral leasing laws of the United States. 155 Cong. Rec. H7022 (daily ed. June 18, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2950 (Matheson, D-Utah) (water) would direct the Secretary of the Interior to allow for prepayment of repayment contracts between the United States and the Uintah Water Conservancy District. 155 Cong. Rec. H7022 (daily ed. June 18, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2967 (Kirkpatrick, D-Mich.) (alternative fuel) would amend the Internal Revenue Code of 1986 to deny the alternative fuel and alternative fuel mixture credits for black liquor. 155 Cong. Rec. H7083 (daily ed. June 19, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2969 (Capps, D-Cal.) (water) would authorize the Administrator of EPA to establish water system adaptation partnerships. 155 Cong. Rec. H7083 (daily ed. June 19, 2009). The bill was referred to the Committees on Transportation and Infrastructure and Energy and Commerce.

  • H.R. 2982 (Grijalva, D-Ariz.) (energy) would amend the Internal Revenue Code of 1986 to allow Indian tribes to transfer the credit for electricity produced from renewable resources. 155 Cong. Rec. H7085 (daily ed. June 19, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2998 (Waxman, D-Cal.) (energy) would seek to create clean energy jobs, achieve energy independence, reduce global warming pollution, and transition to a clean energy economy. 155 Cong. Rec. H7145 (daily ed. June 23, 2009). The bill was referred to the Committees on Energy and Commerce, Foreign Affairs, Ways and Means, Financial Services, Education and Labor, Science and Technology, Transportation and Infrastructure, Natural Resources, Agriculture, Oversight and Government Reform, and the Judiciary.

  • H.R. 3005 (Graves, R-Mont.) (energy) would expedite the increased supply and availability of energy to our Nation. 155 Cong. Rec. H7146 (daily ed. June 23, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3008 (Kissell, D-N.C.) (gasoline) would establish a National Strategic Gasoline Reserve. 155 Cong. Rec. H7146 (daily ed. June 23, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3009 (Ross, D-Ariz.) (energy) would promote alternative and renewable fuels and domestic energy production. 155 Cong. Rec. H7146 (daily ed. June 23, 2009). The bill was referred to the Committee on Natural Resources and the Committee on Energy and Commerce.

  • H.R. 3029 (Tonko, D-N.Y.) (energy) would establish a research, development, and technology demonstration program to improve the efficiency of gas turbines used in combined cycle power generation systems. 155 Cong. Rec. H7250 (daily ed. June 24, 2009).The bill was referred to the Committee on Science and Technology.

  • H.R. 3033 (Welch, D-Vt.) (energy) would authorize federal agencies and legislative branch offices to purchase greenhouse gas offsets and renewable energy credits. 155 Cong. Rec. H7250 (daily ed. June 24, 2009). The bill was referred to the Committees on Oversight and Government Reform, House Administration, and Energy and Commerce.

  • H.R. 3034 (Wilson, D-Ohio) (energy) would amend the Internal Revenue Code of 1986 to adjust the credit percentage for qualifying advanced energy wind projects based on domestic steel content. 155 Cong. Rec. H7250 (daily ed. June 24, 2009). The bill was referred to the Committee on Ways and Means.

  • H. Res. 551 (Stupak, D-Mich.) (water) would express the sense of the House of Representatives that the interstate compact regarding water resources in the Great Lakes-St. Lawrence River Basin approved by the Congress in Public Law 110-342 expressly prohibited the sale, diversion, or export of water from states in the Great Lakes Basin. 155 Cong. Rec. H6903 (daily ed. June 16, 2009). The resolution was referred to the Committee on the Judiciary.

  • H. Res. 575 (Gingrey, R-Ga.) (takings) would express Congress' support for the private property rights protections guaranteed by the 5th Amendment to the Constitution on the 4th anniversary of the U.S. Supreme Court's decision of Kelo v. City of New London. 155 Cong. Rec. H7146 (daily ed. June 23, 2009). The resolution was referred to the Committee on the Judiciary.

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:









Colorado Georgia Indiana
Florida Illinois Iowa

COLORADO


Air:



FLORIDA


Water:



  • The Department of Environmental Protection will hold a public hearing on proposed amendments to Fla. Admin. Code Ann. r. 62-4.244, Mixing Zones: Surface Waters. The amendments would allow for mixing zones for nutrients in those waterbodies that have numeric criteria established in Fla. Admin Code Ann. r. 62-302. The hearing will be held July 22, 2009. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3523/3523doc.pdf (p. 2794)

  • The Southwest Florida Water Management District has proposed amendments to Fla. Admin. Code Ann. rr. 40D-1.603, Permit Application Procedures; 40D-1.605, Content of Application; 40D-1.6051, Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications; 40D-1.659, Forms and Instructions; 40D-1.659, Forms and Instructions; 40D-2.091, Publications Incorporated by Reference; 40D-2.101, Content of Application; 40D-22.201, Year-Round Water Conservation Measures; and 40D-22.401, Enforcement. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3523/3523doc.pdf (pp. 2798-2804)

GEORGIA


Water:



  • The Department of Natural Resources will hold a public hearing on proposed amendments to Ga. Code Ann. §391-3-6, Rules and Regulations for Water Quality Control. The purpose of the proposed rule amendments is to comply with the federal General Pretreatment Regulations for Existing and New Sources of Pollution, which establishes the responsibilities of government and industry to implement national pretreatment standards. The hearing will be held July 20, 2009. See http://www.gaepd.org/environet/6/

ILLINOIS


Water:



  • The Pollution Control Board has adopted amendments to Ill. Admin. Code tit. 35 §303, Water Use Designations and Site Specific Water Quality Standards. This site-specific rule would authorize an alternative water quality standard for boron from the point of discharge at the Springfield Metro Sanitary District's Spring Creek Sanitary Treatment Plant to the Sangamon River and then to the confluence with the Illinois River, and in the Illinois River 100 yards downstream from the confluence with the Sangamon River. See http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue24.pdf (pp. 7903-909)

INDIANA


Hazardous & Solid Waste:



  • The Solid Waste Management Board will hold a public hearing on proposed amendments to 329 Ind. Admin. Code 5-1-2, 5-1-3, and 5-1-4, and addition of 329 Ind. Admin. Code 5-3, concerning environmental impact statements for major state actions. The hearing will be held July 21, 2009. See http://www.in.gov/legislative/iac/irtoc.htm?view=list&lsadocnum=08-209

IOWA


Air:



  • The Environmental Protection Commission will hold a public hearing on proposed amendments to Iowa Admin. Code rr. 567-20, Scope of Title, Definitions, Forms, Rules of Practice; 567-22, Controlling Pollution; 567- 23, Emission Standards for Contaminants; 567-25, Measurement of Emissions; 567- 28, Ambient Air Quality Standards; and 567-33, Special Regulations and Construction Permit Requirements for Major Stationary Sources, Prevention of Significant Deterioration of Air Quality. The primary purpose of the proposed amendments is to update state air quality rules by adopting new federal requirements, including adoption of new NAAQS and adoption of two new federal air toxics standards. The proposed amendments would also revise construction permitting requirements and stack testing requirements. The hearing will be held July 20, 2009. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/06-17-2009.Bulletin.pdf (pp. 2730-737)

Toxic Substances:



  • The Environmental Protection Commission will hold a series of public hearings on proposed amendments to Iowa Admin. Code r. 567-134, Underground Storage Tank Licensing and Certification Programs; and Iowa Admin. Code r. 567-135, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks. The proposed changes would amend existing rules and adopt new rules requiring UST operator training, requiring closure investigations be conducted by a certified groundwater professional, amending the conflict of interest provisions for conducting compliance inspections, clarifying the biennial compliance inspection requirement, and providing piping leak detection requirements at unstaffed sites. The hearings will be held July 7, 8, and 9, 2009. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/06-17-2009.Bulletin.pdf (pp. 2741-748)

Water:



  • The Environmental Protection Commission will hold a series of public hearings on proposed amendments to Iowa Admin. Code r. 567-61, Water Quality Standards; and Iowa Admin. Code r. 567-62, Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions. The proposed amendments would establish numerical water quality criteria for chloride for the protection of aquatic life uses, establish numerical water quality criteria for sulfate for the protection of aquatic life uses, update the effective date of references to the "Supporting Document for Iowa Water Quality Management Plans" to reflect the removal of the total dissolved solids site-specific approach and revision of the sulfate ion guideline value, and revise the default hardness level used for hardness-dependent chemical criteria from 100 mg/l to 200 mg/l. The hearings will be July 7, 9, 13, 15, and 16, 2009. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/06-17-2009.Bulletin.pdf (pp. 2737-741)

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


INTERNATIONAL

MEXICO OPEN TO CARBON CREDITS AT CLIMATE TALKS



Mexico said it is open to including a link to the existing carbon-credit market in the framework of a new global "green" financing fund that is gaining traction as a response to climate change. The proposal for the new $10 billion fund could partly displace the largely private carbon-credit market, but officials suggested the credits could be used within the intergovernmental fund. "Mexico's proposals for the 'Green Fund' could be compatible with a link to the carbon credits market, which would allow a significant increase in the amount of funds available," said Adrian Fernandez, the head of Mexico's National Ecology Institute. Under the proposal being pushed at the Major Economies Forum on Energy and Climate--a gathering of 19 nations and the European Union that together represent 80 percent of global emissions--governments would contribute to the fund based on their relative wealth. Countries could withdraw from the fund to finance clean energy and remediation programs. For the full story, see http://www.forbes.com/feeds/ap/2009/06/23/ap6578463.html


BRAZIL ANNOUNCES SUBSIDIES FOR AMAZON REFORESTATION


Brazilian President Luiz Inacio Lula da Silva announced a new program of monthly subsidies for farmers in the Amazon region who reforest part of their deteriorated land. "Nobody is a bandit because he deforested. We had an evolution going on, but now we have to row the other way and say it's going to harm us in the future," he said in a speech at Alta Floresta, a city on the southern edge of the Amazon rainforest. Lula urged reforestation of the jungle in such a way that people "earn money for doing it" because of the benefits "that they are bringing the community." The president recently visited several rural properties in the region and said that on some of them, in particular those owned by Mato Grosso state Gov. Blairo Maggi, the vegetation is well preserved along the rivers. He said that on other farms where the jungle has been cut down, "signs of erosion are evident," something that works against the farmers' own interests. Lula said that the subsidies for property owners will help farmers make a decent living from their work. For the full story, see http://www.laht.com/article.asp?ArticleId=337633&CategoryId=14090

ASIA RELIES ON GREEN INITIATIVES FOR FUTURE GROWTH



"We believe that a strong economy and a clean environment are not mutually exclusive, and that Korea has to take an active part in tackling climate change," Han Seung-Soo, Prime Minister of the Republic of Korea, told 350 participants from 35 countries attending the 18th World Economic Forum on East Asia. "Korea recognizes the symbiotic relationship between economic growth and environmental sustainability." The country has proclaimed low-carbon green growth as its new national vision. In the short term, South Korea has adopted a "Green New Deal" policy to tackle the global economic crisis, a combination of neo-classical supply-side economic policy aimed at creating jobs and revitalizing the economy. For the longer term, Korea will be spending roughly US$ 40 billion over the next four years, which will create 960,000 jobs. China is also counting on environmental initiatives for future economic growth as well, said Victor L. L. Chu, Chairman and Chief Executive Officer, First Eastern Investment Group, Hong Kong SAR. "In terms of energy intensity, which is the amount of energy required to generate one unit of GDP, China has dropped 75% over the last 20 years and is still looking very aggressively to achieve more efficiency. Nearly 40% of China's 4 trillion renminbi stimulus package is green project related." He added that "China, Korea and Japan can work together to find some win-win solutions for us in the region and on a global basis." For the full story, visit http://www.istockanalyst.com/article/viewiStockNews/articleid/3276784


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


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