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Weekly Update Volume 39, Issue 5

02/16/2009

LITIGATION

CAA, EMISSIONS STANDARDS:



The D.C. Circuit denied petitions for review of an EPA rule extending the deadline for the Agency to establish more stringent emissions standards for large marine diesel engines. In the extension rule, EPA explained that despite the delay it remains committed to developing and proposing more stringent (Tier 2) emission standards for large marine diesel engines. Although it had gathered additional information since issuing the interim (Tier 1) rule, EPA identified several issues that it must resolve before it can set the Tier 2 standards. Petitioners argued that EPA violated CAA §213 by failing to set standards that attain the greatest degree of emissions reductions achievable with available technology. Petitioners also argued that EPA's claim that it needs more time is not supported by the record. CAA §213, however, does not require EPA to "adopt the most stringent standards based on the most advanced control technologies"; rather, it requires EPA to consider a number of factors, including cost, noise, and safety. Nor does CAA §213(a) preclude EPA from taking the time it reasonably needs to weigh those factors and formulate a rule. Here, the record demonstrates that EPA reasonably needs more time to develop a cost-effective implementation and compliance program. In view of the issues remaining for EPA to resolve before it sets Tier 2 standards and because the extension rule commits EPA to proceed with its two-tiered approach and to set standards no later than December 17, 2009, the rule is neither arbitrary nor unlawful. South Coast Air Quality Management District v. Environmental Protection Agency, No. 08-1030, 39 ELR 20030 (D.C. Cir. Feb. 6, 2009).


CWA, NEPA, MOUNTAINTOP MINING:



The Fourth Circuit reversed and vacated a district court order rescinding four U.S. Army Corps of Engineers permits allowing the filling of stream waters in conjunction with mountaintop mining operations in West Virginia. All together, the four challenged permits authorize the creation of 23 valley fills and 23 sediment ponds and they impact 68,841 linear feet of intermittent and ephemeral streams--just over 13 miles. Contrary to the district court's ruling, the permits did not violate the CWA, NEPA, or the APA. The Corps did not act arbitrarily or capriciously in determining the scope of its NEPA analysis. Nor were its findings regarding stream structure and function, mitigation, or cumulative impacts an "abuse of discretion" or "not in accordance with law." The compensatory mitigation plans for each of the challenged permits were sufficient both for purposes of satisfying the Corps' requirements under the CWA and for justifying issuance of a mitigated FONSI under NEPA. In addition, the Corps analyzed cumulative impacts in each of the challenged permits and articulated a satisfactory explanation for its conclusion that cumulative impacts would not be significantly adverse. The court also reversed a related, separate order in which the district court held that the stream segments linking the permitted fills to downstream sediment treatment ponds were "waters of the United States" and that the Corps lacked authority under the CWA to permit discharge from the fills into the stream segments. The stream segments, together with the sediment ponds to which they connect, are unitary "waste treatment systems," not "waters of the United States." In addition, the Corps' interpretation of its authority was reasonable in light of the CWA and entitled to deference. The Corps has the authority under CWA §404 to permit the filling of jurisdictional waters to move runoff away from valley fills. The Corps also has authority to permit the construction of sediment ponds to treat that runoff before it is discharged back into jurisdictional waters. Accordingly, it is reasonable to conclude that the Corps may use its §404 authority to permit the stream segments that must, as a practical reality, be used to move runoff from the fill to the sediment ponds. Ohio Valley Environmental Coalition v. Aracoma Coal Co., Nos. 07-1355 et al., 39 ELR 20035 (4th Cir. Feb. 13, 2009).


CWA, WETLANDS, JURISDICTION:



The Sixth Circuit held that a lower court properly granted summary judgment in favor of the United States in its CWA case against property owners that drained contaminated wetlands despite multiple warnings by state and federal officials that their activities were illegal. The government properly asserted jurisdiction under both Justice Kennedy’s "significant nexus" test and the plurality test in Rapanos v. United States, 547 U.S. 715, 36 ELR 20116 (2006). The record supports the lower court's conclusion that the wetlands have a significant nexus with the navigable-in-fact Green River, via two tributaries of that river. The wetlands perform significant ecological functions in relation to the Green River and the two creeks, including temporary and long-term water storage, filtering of acid runoff and sediment from a nearby mine, and providing an important habitat for plants and wildlife. The court rejected the owners' claims that significant nexus may only be proved by laboratory analysis of soil samples, water samples, or through other tests. As for the plurality test, the property adjacent to the wetlands contains relatively permanent bodies of water connected to a traditional interstate navigable water, the Green River, and the wetlands possess a "continuous surface connection" with the Green River and its tributaries. Because the government demonstrated that the owners discharged a pollutant from a point source into waters of the United States without a permit, and because the owners' activities did not fall under the CWA's farming exception or drainage ditch maintenance exception, the lower court properly granted summary judgment. The court also held that the lower court did not abuse its discretion in entering the government's proposed remediation order and that the owner's takings-, mandatory duty-, and tort-based counterclaims failed as a matter of law. United States v. Cundiff, Nos. 05-5469 et al, 39 ELR 20025 (6th Cir. Feb. 4, 2009).


CWA, NEPA, WETLANDS:



A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued permits in 2002 to several limestone mining corporations for the discharge of dredged or fill material into wetlands near the Everglades National Park. In issuing the permits, the Corps determined that the limestone mining project was inherently water dependant for which no practicable alternatives exist. Yet its conclusion that the project is water dependant conflicts with the Corps’ assessment in another permit it issued for a substantially similar limestone mining project. If limestone excavation is not inherently water dependant in one situation, then it is not inherently water dependant in another. Further, nothing in the administrative record indicates that the basic purpose of the project requires siting within wetlands. The record also fails to show that the Corps exercised independent judgment in rejecting all practicable alternatives to the proposed mining. Similarly, the Corps’ EIS did not meet NEPA’s procedural requirements as to the study of indirect effects and their significance. The Corps’ decision to grant the permits was therefore arbitrary and capricious under NEPA and the CWA and the permits must be set aside. Sierra Club v. Van Antwerp, No. 03-CV-2347, 39 ELR 20024 (S.D. Fla. Jan. 30, 2009) (Hoeveler, J.).


CWA, WETLANDS:



A district court denied a motion to dismiss an environmental group's CWA action against a property owner for dredging and filling wetlands without a permit. The owner argued that the group failed to provide adequate notice. The group, however, sufficiently provided notice as to the date, standard, and location of the alleged violations. The notice was sufficiently specific to allow the property owner to identify the date or dates of the alleged violations and to do so with relative ease. Further, citing to CWA §§402 and 404 was sufficient to allow the owner to identify the violations alleged in the group's complaint. And the CWA's notice provision does not require identification of exact locations. It requires only sufficient information that would permit the recipient to identify, among other things, the locations of the alleged violations. Gulf Restoration Network v. Hancock County Development, LLC, No. 1:08cv186, 39 ELR 20032 (S.D. Miss. Feb. 3, 2009) (Guirola, J.).


RCRA, CERCLA, DILIGENT PROSECUTION:



A district court dismissed a village's RCRA claim against a company for releasing toxins into its water supply because EPA and the state have incurred costs to initiate a remedial investigation and feasibility study (RI/FS) under CERCLA §104 and are diligently proceeding with a remedial action under that Act. The RI/FS was initiated pursuant to a 1997 consent order between the state and the company without involvement from EPA, who did not exercise responsibility with regard to the site until 2007. Nevertheless, the exchange of letters between EPA and the state in which EPA concurred in the state's RI/FS proposal constitutes a "cooperative agreement" for the purposes of CERCLA §104. Although §104 is clear in requiring that a state act pursuant to a "contract or cooperative agreement" with the federal government, there is no requirement that the agreement take one specific form. The village's SDWA claim was also dismissed because it was based on regulations that did not exist at the time of the alleged release of the contaminants and they have no retroactive effect. The village's nuisance, trespass, and negligence claims were dismissed as well. However, the court denied motions to dismiss the village's CERCLA claim as time barred. The question of whether the village's activities at the site constituted a "remedial" or "removal" action, which is critical to the statute of limitations issue, is a question that cannot be resolved at the motion to dismiss stage. Incorporated Village of Garden City v. Genesco, Inc., No. 07-CV-5244, 39 ELR 20027 (E.D.N.Y. Jan. 27, 2009) (Bianco, J.).


CERCLA, SETTLEMENT AGREEMENTS:



A district court rejected a settlement agreement between a property owner and a former dry cleaning business concerning subsurface soil and groundwater PCE contamination. Under the terms of the settlement agreement, the owner requested that the court adopt a "pro tanto" settlement credit method--i.e., a dollar-for-dollar reduction of the amount of the settlement from the owner's ultimate recovery. The proportionate share approach, however, better facilitates the equitable allocation of liability in accordance with the statutory guidance of CERCLA §113(f)(1). This approach calls for the reduction of the nonsettling defendants' liability by the equitable share of the settling party's obligation. Because the proposed settlement agreement here is expressly conditioned upon the court entering an order that only reduces the liability of nonsettling defendants by the dollar amount of the settlement--a pro tanto credit--the court denied the owner's motion to approve the settlement. Adobe Lumber, Inc. v. Hellman, No. 05-1510, 39 ELR 20028 (E.D. Cal. Feb. 3, 2009). (Shubb, J.).


CERCLA, GOVERNMENT OFFICIALS, DEPOSITIONS:



A district court granted a motion to bar a former U.S. EPA Administrator's deposition in a cost recovery action under CERCLA in connection with the General Color site in New Jersey. Under United States v. Morgan, 313 U.S. 409 (1941), depositions of current high ranking government officials concerning their official duties should not be taken absent extraordinary circumstances. This rule should be extended to former employees. It is not far fetched to conclude that a government employee's work performance may be "chilled" if she may be deposed on her thought process after she leaves government service. Further, there are no extraordinary circumstances that warrant the deposition of the former administrator involved--Christine Todd Whitman--and she has no unique personal knowledge of any relevant issue in the case. United States v. Sensient Colors, Inc., No. 07-1275, 39 ELR 20033 (D.N.J. Jan. 28, 2009) (Schneider, J.).


NEPA, NATIONAL FOREST MANAGEMENT ACT:



The First Circuit upheld the U.S. Forest Service's approval of two forest resource management projects in the White Mountain National Forest. In 2007, the courts enjoined the Forest Service's 2005 National Forest Management Act (NFMA) rules. Because the 2005 NFMA rules no longer applied, the Forest Service applied its 2000 rules to the projects. An environmental group filed suit challenging the projects, arguing that the Forest Service's 1982 NFMA rules applied to the projects rather than the less strict 2000 rules. But the Forest Service did not err by applying the "best available science" standard set forth in its 2000 NFMA rules. The group failed to explain why the outcome would change if the 1982 rules were applied, and the Forest Service's reading of the transition provision set forth in the 2000 rules is reasonable. Nor did the group's arguments undermine the Forest Service's FONSI findings for the projects. The Forest Service's EA discussion makes clear that it considered all of the arguable categories of harm, such as visual effects, noise, soil effects, impact on wildlife, road and bridge construction or maintenance, and impact on watershed. The EA also addressed and answered claims concerning precedential significance, impact on wilderness designation, and the impact of the roadless rule. Sierra Club v. Wagner, No. 08-1978, 39 ELR 20029 (1st Cir. Feb. 6, 2009).


FEDERAL TORT CLAIMS ACT, GROUNDWATER CONTAMINATION:



A district court dismissed a family's personal injury claims against the U.S. Army for exposing them to carbon tetrachloride while they resided on a former Army base. The discretionary function exception to the Federal Tort Claims Act deprives the court of subject matter jurisdiction over their claims. All actions concerning the carbon tetrachloride groundwater plume were left to the Army's discretion. Moreover, the Army's investigation, remediation, and reuse decisions concerning the contaminated area implicate policy choices and decisions of the type that Congress intended to protect from judicial second guessing. Welsh v. U.S. Army, No. 08-3599, 39 ELR 20034 (N.D. Cal. Feb. 3, 2009) (Seeborg, J.).


TOXIC SUBSTANCES, CONSUMER PRODUCT SAFETY:



A district court held that §108 of the Consumer Product Safety Improvement Act of 2008, which prohibits the sale of children toys and products that contain phthalates, applies to existing inventory and not just to those products manufactured after the prohibition's February 10, 2009, deadline. The U.S. Consumer Product Safety Commission (CPSC) General Counsel stated in an opinion letter that phthalate prohibitions do not apply to products manufactured prior to February 10, 2009. But the plain text of the phthalate prohibitions provides unequivocally and unambiguously that no covered products may be sold as of February 10, 2009. Moreover, §108(d) does not, and was not intended to, create an exception for existing inventory. Even if the phthalate prohibitions could be construed as ambiguous with respect to their application to existing inventory, the Commission's opinion letter would not be entitled to deference because it is not thorough, well-reasoned, or substantiated. The opinion letter, therefore, must be set aside. Natural Resources Defense Council v. U.S. Consumer Product Safety Commission, No. 08 Civ. 10507, 39 ELR 20026 (S.D.N.Y. Feb. 5, 2009) (Gardephe, J.).


CALIFORNIA ENVIRONMENTAL QUALITY ACT, PROJECT APPROVAL:



A California appellate court held that a water district violated the California Environmental Quality Act (CEQA) when it approved an agreement concerning the operation of a landfill and recycling center. The water district argued that its approval and execution of the agreement did not constitute approval of all or part of a project under CEQA. Under CEQA, "approval" is a "decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person." The approval of private projects "occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract." Here, the agreement sets forth the specific details regarding the district's 60-year obligation to deliver recycled water to the landfill and the construction required to allow that delivery. The district's approval and signing of the agreement therefore satisfied CEQA's definiteness requirement. In addition, by approving and executing the agreement, the district clearly committed itself to the course of action set forth in the agreement--a discretionary contract. And the agreement did not provide that the district retained its complete discretion under CEQA (as a responsible agency) to consider a final environmental impact report certified by the county environmental health department and thereafter approve or disapprove its part of the landfill project pursuant to the agreement or to require mitigation measures or alternatives to its part of the project. Accordingly, the district was required to comply with CEQA before approving the agreement. Because it did not, the agreement must be set aside. Riverwatch v. Olivenhain Municipal Water District, No. D052237, 39 ELR 20031 (Cal. App. 4th Dist. Jan. 9, 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 announced that it will reconsider the rule addressing aggregation under the PSD and nonattainment new source review (NSR) programs in response to a petition from the Natural Resources Defense Council. 74 FR 7193 (2/13/09).

  • EPA announced the convening of a proceeding to reconsider the final rule that amends the PSD and nonattainment NSR regulations addressing aggregation, delaying the effective date until May 18, 2009. 74 FR 7284 (2/13/09).

  • EPA announced that it will reconsider its denial of California's waiver request for its greenhouse gas emission regulations for passenger cars, light-duty trucks, and medium-duty passenger vehicles beginning with the 2009 model year. 74 FR 7040 (2/12/09).

  • EPA proposed NESHAPs for the aluminum, copper, and other nonferrous foundries area source categories. 74 FR 6510 (2/9/09).

  • EPA entered into a proposed consent decree under the CAA requiring the Agency to outline objections to an operating permit issued to the Premcor Refining Group for a refinery in Port Arthur, Texas. 74 FR 6028 (2/4/09).

  • EPA entered into a proposed consent decree under the CAA requiring the Agency to outline objections to an operating permit issued to the Citgo Refining and Chemicals Company for a refinery in Corpus Christi, Texas. 74 FR 6030 (2/4/09).

  • SIP Approval: West Virginia (ambient air quality standards for sulfur oxides, particulate matter (PM), carbon monoxide, ozone, nitrogen dioxide (NOx), and lead) 74 FR 6552 (2/10/09).

HAZARDOUS & SOLID WASTE:



  • EPA delayed until April 4, 2009, the effective date of the final rule that amends the spill prevention, control, and countermeasure regulations. 74 FR 5900 (2/3/09).

  • EPA gave final authorization to Oklahoma's hazardous waste program under RCRA. 74 FR 5994 (2/4/09).

  • EPA proposed to grant final authorization to Oklahoma's hazardous waste program under RCRA; see above for direct final rule. 74 FR 6010 (2/4/09).

  • EPA entered into a proposed administrative agreement under CERCLA that requires the respondents to pay $74,000 in U.S. response costs incurred at the Atlas Iron and Metal site in Los Angeles, California. 74 FR 6032 (2/4/09).

OFFICE OF THE PRESIDENT:



  • The President issued Executive Order 13497 revoking certain executive orders concerning regulatory planning and review. 74 FR 6113 (2/4/09).

  • The President issued a memorandum ordering the Director of OMB, in consultation with representatives of regulatory agencies, as appropriate, to produce within 100 days a set of recommendations for a new Executive Order on federal regulatory review. 74 FR 5975 (2/3/09).

TOXIC SUBSTANCES:



  • ATSDR announced the availability of seven final toxicological profiles of priority hazardous substances; this is the 20th set of profiles ATSDR has compiled. 74 FR 5840 (2/2/09).

WILDLIFE:



  • FWS determined that the flatwoods salamander, currently listed as threatened under the ESA, should be listed as two distinct species: the frosted flatwoods salamander as a threatened species and the reticulated flatwoods salamander as an endangered species; the Service designated approximately 22,970 acres of critical habitat for the frosted flatwoods salamander and 4,453 acres of critical habitat for the reticulated flatwoods salamander in Baker, Calhoun, Franklin, Holmes, Jackson, Jefferson, Liberty, Santa Rosa, Wakulla, Walton, and Washington counties in Florida, in Baker and Miller counties in Georgia, and in Berkeley, Charleston, and Jasper counties in South Carolina. 74 FR 6700 (2/10/09).

  • FWS announced a 90-day finding on a petition to reclassify the wood bison from endangered to threatened under the ESA throughout its range; the Agency found that reclassification may be warranted and initiated a 12-month status review. 74 FR 5908 (2/3/09).

  • FWS announced a 90-day finding on a petition to list the Wyoming pocket gopher as threatened or endangered under the ESA; the Agency found that listing may be warranted and initiated a status review. 74 FR 6558 (2/10/09).

  • FWS announced the availability of the draft post-delisting monitoring plan for the Hawaiian hawk and the reopening of the public comment period for the proposed rule to remove the Hawaiian hawk from the list of endangered and threatened species under the ESA. 74 FR 6853 (2/11/09).

  • NOAA announced new and revised conservation and management measures and resolutions adopted by the Commission for the Conservation of Antarctic Marine Living Resources. 74 FR 7110 (2/12/09).

  • NOAA-Fisheries issued a one-year letter of authorization to the U.S Navy for the incidental take of marine mammals during training, maintenance, and research, development, testing, and evaluation activities conducted within the Hawaii Range Complex. 74 FR 6395 (2/9/09).

DOJ NOTICES OF SETTLEMENT:



  • In re Interstate Bakeries Corp., No. 04-45814 (Bankr. W.D. Mo. Jan. 29, 2009). CERCLA debtors must provide EPA with an allowed general unsecured nonpriority claim in the amount of $84,020 for U.S. response costs incurred at the Hows Corner Superfund site in Plymouth, Maine. 74 FR 6177 (2/5/09).

  • United States v. F.O.F. Inc., No. 3:09-cv-5015 (W.D. Wash. Jan. 15, 2009). A settling CERCLA defendant must pay $250,000 in U.S. response costs incurred in connection with the Commencement Bay Nearshore/Tideflats Superfund site in Tacoma, Washington. 74 FR 5947 (2/3/09).

  • United States v. Knoxville Utilities Bd., Nos. 3:03-CV-497 & 3:04-CV-568 (E.D. Tenn. Feb. 5, 2009). Under an amendment to a 2005 consent decree, a settling CWA defendant must install a biologically enhanced high-rate clarification secondary treatment system at the Fourth Creek treatment plant by June 30, 2018, and at the Kuwahee treatment plant by June 30, 2021. 74 FR 7075 (2/12/09).

  • United States v. Patriot Coal Corp., No. 2:09-cv-0099 (S.D. W. Va. Feb. 5, 2009). Settling CWA defendants must pay a $6.5 million civil penalty and must perform injunctive relief for the discharge of pollutants into waters of the United States and violation of NPDES permit conditions and limitations. 74 FR 6920 (2/11/09).

  • United States v. Kentucky Utilities Co., No. 5:07-CV-75-KSF (E.D. Ky. Feb. 3, 2009). A settling CAA defendant must pay a $1.4 million civil penalty, must reduce sulfur dioxide, NOx, and PM emissions at its coal-fired boiler Unit 3 at the E.W. Brown plant located on Lake Herrington in Mercer County, Kentucky, and must contribute $3 million toward environmental mitigation projects for violations of PSD and new source performance standard requirements. 74 FR 6419 (2/9/09).

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


THE CONGRESS

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


Chamber Action



  • H.R. 554 (National Nanotechnology Initiative Amendments Act of 2009), which would authorize activities for support of nanotechnology research and development, was passed by the House. 155 Cong. Rec. H1180 (daily ed. Feb. 10, 2009).

  • H.R. 631 (Water Use Efficiency and Conservation Research Act), which would increase research, development, education, and technology transfer activities related to water use efficiency and conservation technologies and practices at EPA, was passed by the House. 155 Cong. Rec. H1188 (daily ed. Feb. 10, 2009).

  • H.R. 469 (Produced Water Utilization Act of 2009), which would encourage research, development, and demonstration of technologies to facilitate the utilization of water produced in connection with the development of domestic energy resources, was passed by the House. 155 Cong. Rec. H1193 (daily ed. Feb. 10, 2009).

Bills Introduced



  • S. 359 (Inouye, D-Haw.) (National Heritage Area) would establish the Hawaii Capital National Heritage Area. 155 Cong. Rec. S1124 (daily ed. Jan. 30, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 380 (Levin, D-Mich.) (National Marine Sanctuary) would expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve. 155 Cong. Rec. S1542 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 409 (Kyl, R-Ariz.) (land exchange) would secure federal ownership and management of significant natural, scenic, and recreational resources, provide for the protection of cultural resources, facilitate the efficient extraction of mineral resources by authorizing, and direct an exchange of federal and non-federal land. 155 Cong. Rec. S2143 (daily ed. Feb. 11, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 790 (Markey, D-Mass.) (oil exploration) would prohibit issuance of any lease or other authorization by the federal government that authorizes exploration, development, or production of oil or natural gas in any marine national monument or national marine sanctuary or in the fishing grounds known as Georges Bank in the waters of the United States. 155 Cong. Rec. H875 (daily ed. Feb. 2, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 797 (Calvert, R-Cal.) (energy) would terminate federal prohibitions on the domestic production of offshore supplies of oil and natural gas. 155 Cong. Rec. H920 (daily ed. Feb. 3, 2009). The bill was referred to the Committees on Natural Resources, the Budget, and Rules.

  • H.R. 818 (Hall, D-N.Y.) (fuel efficiency) would require advertising for any automobile model to display information regarding the fuel consumption and fuel cost for that model, and for other purposes. 155 Cong. Rec. H920 (daily ed. Feb. 3, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 821 (Johnson, D-Tex.) (CAA) would amend the CAA to require that mercury emissions from electric utility steam generating units be subject to the maximum achievable control technology standard for hazardous air pollutants. 155 Cong. Rec. H921 (daily ed. Feb. 3, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 843 (Young, R-Alaska) (Marine Mammal Protection Act) would amend the Marine Mammal Protection Act of 1972 to repeal the long-term goal for reducing to zero the incidental mortality and serious injury of marine mammals in commercial fishing operations and modify the goal of take reduction plans for reducing such takings. 155 Cong. Rec. H921 (daily ed. Feb. 3, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 844 (Young, Alaska) (Marine Mammal Rescue Assistance Grant Program) would amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program. 155 Cong. Rec. H921 (daily ed. Feb. 3, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 845 (Rehberg, R-Mo.) (water rights) would authorize the Crow Tribe of Indians water rights settlement. 155 Cong. Rec. H1041 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 864 (Boswell, D-Iowa) (Energy Policy Act) would amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines. 155 Cong. Rec. H1042 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure.

  • H.R. 865 (Boucher, D-Va.) (land conveyance) would convey the New River State Park campground located in the Mount Rogers National Recreation Area in the Jefferson National Forest in Carroll County, Virginia, to the commonwealth of Virginia. 155 Cong. Rec. H1042 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Natural Resources and the Committee on Agriculture.

  • H.R. 867 (Bright, D-Ala.) (National Heritage Corridor) would authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Chattahoochee Trace National Heritage Corridor. 155 Cong. Rec. H1042 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 889 (Markey, D-Mass.) (Public Utility Regulatory Policies Act) would amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a federal energy efficiency resource standard for retail electricity and natural gas distributors. 155 Cong. Rec. H1043 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 890 (Markey, D-Mass.) (Public Utility Regulatory Policies Act) would amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a federal renewable electricity standard for certain electric utilities. 155 Cong. Rec. H1043 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 895 (Pascrell, D-N.J.) ( Federal Water Pollution Control Act) would amend the Federal Water Pollution Control Act to reauthorize the sewer overflow control grants program. 155 Cong. Rec. H1043 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 896 (Pitts, R-Pa.) (oil refining) would expedite the construction of new refining capacity on closed military installations in the United States. 155 Cong. Rec. H1043 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Energy and Commerce and the Committee on Armed Services.

  • H.R. 905 (Stupak, D-Mich.) (National Marine Sanctuary) would expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve. 155 Cong. Rec. H1044 (daily ed. Feb. 4, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 920 (Kanjorski, D-Pa.) (National Heritage Corridor Act) would amend the Delaware and Lehigh National Heritage Corridor Act of 1988 regarding the local coordinating entity of the Delaware and Lehigh National Heritage Corridor. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 921 (Lujan, D-N.M.) (Wilderness Area) would establish the Sabinoso Wilderness Area in San Miguel County, New Mexico. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 922 (Lujan, D-N.M.) (rural water system) would authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 923 (Lujan, D-N.M.) (water resources) would direct the Secretary of the Interior to conduct a study of water resources in the state of New Mexico. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 924 (Lujan, D-N.M.) (water resources) would direct the Secretary of the Interior, acting through the Commissioner of Reclamation, to assess the irrigation infrastructure of the Rio Grande Pueblos in the state of New Mexico and provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to repair, rehabilitate, or reconstruct existing infrastructure. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 925 (Lujan, D-N.M.) (Colorado River Storage Project Act) would amend the Colorado River Storage Project Act and Public Law 87-483 to authorize the construction and rehabilitation of water infrastructure in Northwestern New Mexico, authorize the use of the reclamation fund to fund the Reclamation Water Settlements Fund, authorize the conveyance of certain Reclamation land and infrastructure, and authorize the Commissioner of Reclamation to provide for the delivery of water. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 926 (Markey, D-Colo.) (National Heritage Area) would establish the Cache La Poudre River National Heritage Area. 155 Cong. Rec. H1079 (daily ed. Feb. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 934 (Sablan, I-Mariana Islands) (Mariana Islands) 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. 155 Cong. Rec. H1156 (daily ed. Feb. 10, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 964 (Rohrabacher, R-Cal.) (NEPA) would amend NEPA to exempt any solar energy project on lands managed by BLM from an EIS requirement. 155 Cong. Rec. H1158 (daily ed. Feb. 10, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 965 (Sarbanes, D-Md.) (Chesapeake Bay Initiative Act) would amend the Chesapeake Bay Initiative Act of 1998 to provide for the continuing authorization of the Chesapeake Bay Gateways and Watertrails Network. 155 Cong. Rec. H1158 (daily ed. Feb. 10, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 980 (Maloney, D-N.Y.) (National Forest System) would designate certain National Forest System lands and public lands under the jurisdiction of the Secretary of the Interior in the states of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness, wild and scenic rivers, wildland recovery areas, and biological connecting corridors. 155 Cong. Rec. H1246 (daily ed. Feb. 11, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1005 (Smith, R-N.J.) (CERCLA) would amend CERCLA to improve public notification and community relations concerning actions for the removal of environmental hazards. 155 Cong. Rec. H1248 (daily ed. Feb. 11, 2009). The bill was referred to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure.

  • H.R. 1007 (Thompson, D-Miss.) (National Heritage Area) would establish the Mississippi Delta National Heritage Area and the Mississippi Hills National Heritage Area. 155 Cong. Rec. H1248 (daily ed. Feb. 11, 2009). The bill was referred to the Committee on Natural Resources.

  • H. Res. 147 (Markey, D-Mass.) (Select Committee on Energy Independence) providing amounts for the expenses of the Select Committee on Energy Independence and Global Warming in the 11th Congress. 155 Cong. Rec. H1158 (daily ed. Feb. 10, 2009). The resolution was referred to the Committee on House Administration.

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:





















Arizona Florida Iowa
Arkansas Idaho Missouri
California Illinois New Mexico
Colorado Indiana Virginia
Delaware    

ARIZONA


Air:



  • The Department of Environmental Quality is repealing Appendix 10, Evaluation of Air Quality Data, and Appendix 11, Allowable Particulate Emissions Computations, in their entirety. The Department determined that the information contained in Appendix 10 is out of date and does not comply with current monitoring protocols as designated by U.S. EPA. The Department also determined that Appendix 11 is not useful because the actual values must be calculated using the equation included in the rules, not the graph. As part of this rulemaking, other rules from the Arizona Administrative Code must be amended in order to reflect these changes. See http://www.azsos.gov/public_services/Register/2009/5/final.pdf (pp. 281-299)

ARKANSAS


General:



  • The Oil and Gas Commission adopted amendments to Rule A-8: Reporting Requirements for Mineral Proceeds Escrow Accounts; Rule B-2: Proof of Financial Responsibility Required To Be Furnished; Rule B-4: Well Drilling, Completion & Workover Requirements; Rule B-11: Domestic Natural Gas Wells & Conversion of Permitted Oil and Natural Gas Wells For Use as Domestic Natural Gas or Fresh Water Supply Wells; Rule D-7: Natural Gas to be Metered; and Rule D-8: Monthly Natural Gas Production Reports. See http://www.sos.arkansas.gov/elections/elections_pdfs/register/2008/december_2008/178.00.08-008.pdf

Hazardous & Solid Waste:



CALIFORNIA


Air:



  • The Air Resources Board will conduct a public hearing to consider the adoption of a regulation to reduce greenhouse gas emissions from vehicles operating with underinflated tires. The hearing will be March 26, 2009. See http://www.oal.ca.gov/pdfs/notice/6z-2009.pdf (pp. 205-208)

  • The Air Resources Board postponed the public hearing on proposed amendments to CCR title 17 §94011, CP-201 Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities (GDF), and addition of Test Procedure 201.8, Determination of the Permeation Rate from a Gasoline Dispensing Facility Hose. The regulation would control reactive organic gases emitted from GDF hoses. The proposed regulation would require that existing hoses be replaced with hoses that reduce permeation by 2014. Technology to control hose permeation would be similar to those used to control permeation emissions from small off-road engines and portable outboard marine tanks. The hearing will now be held May 28, 2009. See http://www.arb.ca.gov/regact/2008/gdfh2008/gdfh2008.htm

  • The South Coast Air Quality Management District (AQMD) will hold a public hearing on proposed amendments to Rule 317, CAA Nonattainment Fees. 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 (VOCs) or nitrogen oxide (NOx) located in the AQMD portions of the South Coast Air Basin or Salton Sea Air Basin. The hearing will be March 6, 2009. Comments are due February 24, 2009. See http://www.aqmd.gov/pub_edu/nph_317_Mar_6_09.html

  • The South Coast Air Quality Management District (AQMD) will hold a public hearing on proposed amendments to Proposed Rule 1143, Consumer Paint Thinners and Multi-Purpose Solvents. The amendments are intended to reduce volatile organic compound (VOC) emissions by establishing VOC limits for consumer paint thinners and multi-purpose solvents and are applicable to any person who supplies, sells, offers for sale, or manufactures consumer paint thinners and multi-purpose solvents for sale in the AQMD as well as any person who uses or solicits the use of any consumer paint thinners and multi-purpose solvents within the AQMD. The hearing will be March 6, 2009. Comments are due February 24, 2009. See http://www.aqmd.gov/pub_edu/nph_1143_Mar_6_09.html

  • The South Coast Air Quality Management District (AQMD) will hold a public hearing on the proposed adoption of Proposed Rule 1144, Vanishing Oils and Rust Inhibitors. The objective of the rule is to reduce volatile organic compound (VOC) emissions from vanishing oils and rust inhibitors used at industrial facilities during the manufacture and assembly of parts and products. The proposed rule would also prohibit the sale of vanishing oils and rust inhibitors unless they meet applicable VOC limits and provide exemptions for certain applications where deemed appropriate. The hearing will be March 6, 2009. Comments are due February 24, 2009. See http://www.aqmd.gov/pub_edu/nph_1144_Mar_6_09.html

  • The South Coast Air Quality Management District (AQMD) will hold a public hearing on proposed amendments to Rule 1156, Further Reductions of Particulate Matter Emissions from Cement Manufacturing Facilities. The amendments address elevated particulate matter emissions, including hexavalent chromium, from cement manufacturing facilities. The hearing will be March 6, 2009. Comments are due February 24, 2009. See http://www.aqmd.gov/pub_edu/nph_1156_Mar_6_09.html

COLORADO


Air:



Water:



  • The Department of Natural Resources adopted 2 CCR 408-2, Rules Concerning the Colorado Instream Flow and Natural Lake Level Program (ISF). The ISF rules are intended to set forth the procedures to be followed in implementing and administering the ISF Program. See http://www.sos.state.co.us/CCR/Upload/AGORequest/AdoptedRules02008-01268.RTF

  • The Department of Public Health and Environment will hold a public hearing on proposed amendments to 5 CCR 1002-74 and 5 CCR 1002-38, water quality standards for Bear Creek Reservoir in the Classifications and Numeric Standards for South Platte River Basin, Laramie River Basin, Republican River Basin, Smoky Hill River Basin, and revisions to the Bear Creek Watershed Control Regulation. The hearing will be May 11, 2009. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2009-00034.PDF

  • The Department of Public Health and Environment will hold a public hearing on proposed amendments to5 CCR 1002-51, Water Pollution Control Revolving Fund Rules; and 5 CCR 1002-52, Drinking Water Revolving Fund Rules. The purpose of this hearing is to consider revisions to these regulations to assure that Colorado will be able to use all funds that may become available under federal economic stimulus legislation currently under consideration by Congress. The hearing will consider proposed revisions to add an additional category of eligible projects to the eligibility lists prepared under each regulation, which would receive funding only if necessary to fully utilize existing loan capacity and new federal funding that may become available in 2009. The hearing will be March 9, 2009. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2009-00074.DOC

DELAWARE


Air:



  • The Department of Natural Resources and Environmental Control will adopt amendments to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 9.0: Hospital Ethylene Oxide Sterilizers. The proposed amendment will provide greater consistency between Delaware's air toxics standards and the recently promulgated federal standard, on which this proposed amendment is heavily based. The amendments become effective February 11, 2009. See http://regulations.delaware.gov/register/february2009/final/12%20DE%20Reg%201097%2002-01-09.htm#P9_221

FLORIDA


Water:



  • The Department of Environmental Protection proposes to establish numeric surface water quality criteria for nutrients and associated standards, such as chlorophyll a. Numeric nutrient criteria and associated standards will be used in determining impairment of surface water quality under Chapter 62-303 of the Florida Administrative Code. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3504/3504doc.pdf (pp. 441-13)

  • The Department will hold a public hearing on proposed changes and clarifications to its cross-connection control requirements for public water systems. The changes would specify the required elements of written cross-connection control programs, which must be established and implemented by community water systems; require that community water systems submit their required written cross-connection control programs to the Department for approval; require that community water systems submit an annual cross-connection control program status and activities report to the Department; require that public water systems report backflow incidents to the Department; allow community water systems to select from among a menu of backflow protection alternatives for residential premises where there is an auxiliary or reclaimed water system; and make various other changes or clarifications. The hearing will be February 18, 2099. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3504/3504doc.pdf (pp. 413-14)

IDAHO


Water:



ILLINOIS


Land Use:



  • The Department of Natural Resources seeks public comment on amendments to 17 Ill. Adm. Code 1536, Forestry Development Cost-Share Program. The changes are being proposed to provide a more diverse cost-share program to landowners in management of their forest lands by providing a revised/increased cost basis for implementation of forest management practices outlined in approved forest management plans. The amendments add new regulations, remove outdated regulations, add documentation requirements, and provide for additional cost sharing opportunities to address control of invasive and exotic species, forestry best management practices, and increased costs of existing practices. See http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue7.pdf (pp. 3064-3126)

INDIANA


Air:



  • The Air Pollution Control Board will hold a public hearing on amendments to 326 IAC 13-1.1 that would amend the definition of "antique vehicle" to determine if a vehicle is exempt from the Lake and Porter county vehicle inspection and maintenance program. The hearing will be June 3, 2009. See http://www.in.gov/legislative/iac/20090211-IR-326080674PHA.xml.html 

Hazardous & Solid Waste:



  • The Solid Waste Management Board will hold a public hearing on amendments to rules at 329 IAC 3.1-1-7 and repeal of rules at 329 IAC 3.1-6-7 regarding the 2008 changes to the hazardous waste management program, including changes to the F019 hazardous waste listing. The hearing will be March 17, 2009. See http://www.in.gov/legislative/iac/20090204-IR-329080673PHA.xml.html 

IOWA


Air:



  • The Environmental Protection Commission adopted amendments to Chapter 22, Controlling Pollution; and Chapter 23, Emission Standards for Contaminants. The amendments adopt new federal regulations affecting stationary internal combustion engines, gasoline distribution facilities, and surface coating operations. They also amend the state air construction permitting requirements to better accommodate the new federal regulations. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/02-11-2009.Bulletin.pdf (pp. 1791-95)

Water:



  • The Environmental Protection Commission adopted amendments to Chapter 64, Wastewater Construction and Operation Permits; rescinded Chapter 69, Onsite Wastewater Treatment and Disposal Systems; and adopted new Chapter 69, Private Sewage Disposal Systems. The changes establish, modify, or repeal rules relating to the location, construction, operation, and maintenance of private sewage disposal systems. See http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/02-11-2009.Bulletin.pdf (pp. 1795-1829)

MISSOURI


Air:



  • The Department of Natural Resources will hold a public hearing on proposed new rule 10 CSR 10-5.570, Control of Sulfur Emissions From Stationary Boilers. This rule limits sulfur dioxide emissions from industrial boilers in the St. Louis nonattainment area. The hearing will be March 26, 2009. See http://www.sos.mo.gov/adrules/moreg/current/2009/v34n3/v34n3b.pdf (pp. 199-202)

NEW MEXICO


Air:



  • The New Mexico Environmental Improvement Board will hold a public hearing on proposed amendments to 20.2.99 NMAC, Air Quality Control Regulations. The amendments would incorporate provisions necessary to make 20.2.99 NMAC consistent with CAA §176(c) as amended by the Safe Accountable Flexible Efficient Transportation Equity Act (SAFETEA-LU) on August 10, 2005 (Pub. L. No. 109-59).  The proposed revisions also include minor amendments required by federal regulations that are not related to SAFETEA-LU. The hearing will be April 6, 2009. See http://www.nmcpr.state.nm.us/nmregister/xx/xx02/Environotice1.htm 

Hazardous & Solid Waste



Toxic Substances:



  • The New Mexico Environmental Improvement Board will hold a public hearing on proposed amendments 20.5.1NMAC, General Provisions; 20.5.7 NMAC, Reporting and Investigation of Suspected and Confirmed Releases; 20.5.10 NMAC, Administrative Review; 20.5.12 NMAC, Corrective Action for Storage Tank Systems Containing Petroleum Products; 20.5.13 NMAC, Corrective Action for UST Systems Containing Other Regulated Substances; 20.5.14 NMAC, Certification of Tank Installers; 20.5.15 NMAC, Corrective Action Fund Use and Expenditures; 20.5.16 NMAC, Qualification of Persons Performing Corrective Action; and 20.5.18 NMAC, Operator Training. The amendments would impose operator training and certification requirements, improve management of the Corrective Action Fund, allow the return of properties to productive use after remediation, change and streamline requirements for certified tank installers, clarify procedures for investigating and reporting releases, establish standards for the qualification and disqualification of contractors, expand administrative review procedures, and create a fourth priority in the leaking storage tank ranking system. The hearing will be April 6, 2009. See http://www.nmcpr.state.nm.us/nmregister/xx/xx02/Environotice2.htm

VIRGINIA


Toxic Substances:



  • The State Board of Health adopted amendments to 12VAC5-490, Virginia Radiation Protection Regulations: Fee Schedule. This regulation establishes a fee structure to support the radioactive materials licensing and inspection program for those materials the U.S. NRC intends to transfer to the commonwealth by agreement. Changes to the proposed regulation reduce the fee for Category 7A to $7,500, Category 7D to $3,750, and Category 11B to zero. See http://legis.state.va.us/codecomm/register/vol25/iss11/f12v5490.html 

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 technology used to treat water and wastewater continues to evolve over time.  For this reason, the board decided that a thorough review of its existing regulations in light of current industry practice is necessary. The hearing will be April 15, 2009. See http://legis.state.va.us/codecomm/register/vol25/iss11/p18v16020.html

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


INTERNATIONAL

EUROPE'S BIG LENDERS STILL BACKING GREEN POWER



The credit crunch is starting to make an impact on smaller European green energy projects, but cash-rich utilities and the bigger lending institutions will continue to get deals done, green power experts say. "The main problem for the smaller developers is the short-term freeze on lending," said Christian Kjaer of the European Wind Energy Association, adding that the credit crunch could lead to consolidation in the sector. "We may see some of the smaller projects which have turbine delivery contracts but are struck by the banking liquidity freeze being taken over by the larger power companies," he said. Many foreign-owned banks have withdrawn from funding renewable energy projects in Britain, said Richard Simon-Lewis, director of project finance for energy and utilities at Lloyds TSB Corporate Markets. "A lot of deals are being done by clubs of banks," he added. "For the very big deals . . . we are seeing the multilaterals, the likes of the European Investment Bank and potentially the government coming in to co-fund." Juan Alario, who heads the EIB's energy lending team, said the bank was considering lending to a large number of big offshore wind projects in the North Sea and Baltic Sea, some worth more than 1 billion euros ($1.3 billion). For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE51B3EH20090212


MILIBAND ANNOUNCES GREEN MAKEOVER FOR EVERY HOME IN BRITAIN BY 2030



All UK households will have a green makeover by 2030 under government plans to reduce carbon emissions and cut energy bills. Cavity wall and loft insulation will be available for all suitable homes, with plans to retrofit 400,000 homes a year by 2015. Financial incentives for householders will also be available for low-carbon technologies such as solar panels, biomass boilers, and ground source heat pumps, paid for by a levy on utility companies. The government wants a quarter of homes (7m) to benefit from the schemes by 2020, extending to all UK households by 2030. The strategy could help cut household carbon emissions by a third by 2020, part of its target to reduce overall UK emissions by 80% by 2050. Currently, homes account for 27% of the UK's carbon emissions through heating and power. The plans were welcomed in principle by green groups and energy campaigners, though many were still concerned by the lack urgency in the proposals--which might only begin in 2012--or detail on how the majority of the plans will be funded. For the full story, see http://www.guardian.co.uk/environment/2009/feb/12/carbon-emissions-miliband


IN A RECESSION, CO2 OFFSET BUYERS WANT QUALITY



Prices are falling in a voluntary market in carbon offsets that allows companies to show they are cutting their contribution to climate change, but in a recession buyers are concentrating on what they buy and not how many. With companies struggling to raise cash, buying carbon offsets--often used for brand management--may be seen as an unnecessary luxury, but market participants and analysts say the market is surviving, although at lower prices. "Buyers are definitely more price sensitive," said Martin Berg, carbon emissions originator at Merrill Lynch. The market for voluntary emissions reductions has boomed over the past couple of years as companies have bought credits to try to reduce their carbon footprint or improve their reputation as "green" businesses. For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE51B40M20090212


 

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


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