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Weekly Update Volume 39, Issue 8

03/16/2009

LITIGATION

REGULATORY TAKINGS, JUST COMPENSATION:



The Federal Circuit reversed a lower court decision that USDA regulations restricting a farm's egg sales during a two-year period due to the presence of salmonella bacteria constituted a taking for which just compensation is due. The farm's monetary loss due to the regulations was not insignificant, but it did not approach the level of severe economic harm. In addition, the character of the government's regulation strongly favors a non-taking since the regulations broadly applied to almost any egg producer in the United States. The regulations were not functionally comparable to government appropriation or invasion of private property and that the regulations properly placed the burden on Rose Acre to bear the costs associated with ensuring that their eggs did not injure the public. And the farm's reasonable investment-backed expectations are not strong enough to conclude there was a taking. Accordingly, the government did not commit a compensable taking and is not liable to for just compensation. Rose Acre Farms, Inc. v. United States, No. 07-5169, 39 ELR 20058 (Fed. Cir. Mar. 12, 2009).


RADIOACTIVE WASTE, STORAGE & DISPOSAL:



The Ninth Circuit held that DOE violated the Washington state Hazardous Waste Management Act (HWMA) in its management of mixed radioactive and hazardous waste, commonly known as TRUM, at the Hanford Nuclear Reservation. DOE argued that it no longer has an obligation under the state HWMA, which acts in lieu of the federal provisions of RCRA, to treat TRUM waste or to limit the length of time such waste is stored at Hanford or any other location because the waste has been "designated" by the Secretary of Energy for disposal at the Waste Isolation Pilot Plant (WIPP) in accordance with the WIPP Land Withdrawal Amendment Act of 1996. But the designation exemption in the 1996 WIPP Amendments does not exempt designated TRUM wherever it may be located from the land disposal prohibitions or the storage prohibition of the state HWMA. Rather, the 1996 WIPP Amendments plainly exempt designated waste from the storage and land-disposal prohibitions "with respect to WIPP" only. Accordingly, the court affirmed a lower court's grant of summary judgment to the state of Washington. Washington v. Chu, No. 06-35227, 39 ELR 20056 (9th Cir. Mar. 10, 2009).


CAA, PSD PERMITS, MOOTNESS:



The Eighth Circuit upheld as moot a lower court decision denying a hunting club's motion to preliminarily enjoin a power company from constructing a 600-megawatt pulverized coal-fired power plant in Hempstead County, Arkansas, without first obtaining a PSD permit under the CAA. The company has since received the CAA permit and has lawfully begun construction at the site, rendering the club's appeal of the denial of its motion for a preliminary injunction to halt preconstruction activities moot. Hempstead County Hunting Club v. Southwestern Electric Power Co., No. 08-2613, 39 ELR 20060 (8th Cir. Mar. 12, 2009).


ESA, EMERGENCY LISTING:



The Third Circuit affirmed the dismissal of conservation groups' lawsuit challenging FWS' decision not to list as endangered on an emergency basis the red knot, a migratory shorebird. After the groups filed their lawsuit, the FWS issued its final determination— that the listing of the red knot was warranted but precluded by higher-priority listing activity—in its periodic Candidate Notice of Review. Because the groups never sought to amend their complaint to contest in any way that conclusion, there is no issue for the court to decide and no "meaningful relief" to award. Moreover, now that the higher-priority listing has been issued, the emergency monitoring system set forth at ESA §4(b)(3)(C)(iii) has become available in the event of exigent circumstances that warrant immediate protection of the red knot. The groups' appeal is therefore moot. American Bird Conservancy v. Kempthorne, No. 07-4609, 39 ELR 20055 (3d Cir. Mar. 11, 2009).


PUBLIC LANDS, GRAZING:



A district court ordered BLM to maintain or enhance existing and potential populations of the sage grouse, pygmy rabbit, and slickspot peppergrass on a 1.4 million acre tract of BLM land and to ensure that wildlife goals and watershed needs are satisfied prior to allowing increased livestock use on that land. An environmental group filed suit after BLM authorized livestock grazing and fence rebuilding following a catastrophic wildfire that destroyed a massive amount of habitat for the three species, which are currently being considered for listing under the ESA. It argued that BLM failed to adequately take into account the interests of the imperiled species when it decided to authorize grazing in key remaining habitat, repair fences, and adopt the criteria for reopening burned areas to grazing. The court ruled that the resource management plan (RMP) for the area is more protective of sensitive species than has previously been interpreted by the BLM. The BLM, therefore, must correct its interpretation as it considers authorizing grazing for the 2009 grazing season and beyond. Although a ban on grazing is not required, going forward the BLM must abandon the grazing-as-usual model used in the 2008 authorizations and modify grazing levels and seasons-of-use in the unburned areas to maintain or enhance existing and potential populations of the sensitive species within the planning area and ensure that wildlife goals and watershed needs will be satisfied prior to allowing increases in livestock use. Western Watersheds Project v. Dyer, Nos. 04-181, 02-521, 39 ELR 20059 (D. Idaho Feb. 26, 2009) (Winmill, J.).


WILDERNESS, STATUTE OF LIMITATIONS:



The Eighth Circuit held time barred environmental groups' claims that the U.S. Forest Service violated the Boundary Waters Canoe Area Wilderness Act by allowing snowmobiling on and failing to set motorboat quotas for two lakes in northeastern Minnesota. Environmental groups alleged that the Act's motorboat quota requirement and its prohibition on snowmobiling applied to the lakes because Congress included the lakes in the Act's wilderness area. But the groups' claims that the lakes are part of the wilderness area accrued no later than April 4, 1980, when the Forest Service published the legal description and maps for the wilderness area in the Federal Register. Accordingly, the claims are barred by the six-year statute of limitations. The court also held that it lacked appellate jurisdiction over the lower court's remand order requiring the Forest Service to prepare an EIS for a proposed snowmobile trail. Izaak Walton League of America, Inc. v. Kimball, Nos. 07-3689 et al., 39 ELR 20052 (8th Cir. Mar. 6, 2009).


FIFRA, WORKER PROTECTION STANDARDS:



The First Circuit affirmed an EPA Environmental Appeals Board (EAB) decision holding a large commercial farming operation in Puerto Rico liable for FIFRA violations. An EPA administrative law judge (ALJ) found the operation liable for 170 FIFRA violations, all for failing to abide by the worker protection standard requirements for pesticide handlers, and assessed a total penalty of $92,620. The EAB affirmed. The court rejected claims that EPA's enforcement action amounted to selective prosecution. The court also rejected the operation's claim that it was deprived of a full and fair opportunity to present its case because the ALJ was justified in denying the operation's motion to depose four witnesses. And no basis for reversal exists as to the substantive FIFRA violations committed by the operation. The court also rejected claims that the penalty imposed was "exaggerated, totally unreasonable, disproportionate and not related whatsoever to the alleged FIFRA violations." Martex Farms, S.E. v. United States Environmental Protection Agency, No. 08-1311, 39 ELR 20053 (1st Cir. Mar. 5, 2009).


INSURANCE, POLLUTION EXCLUSION CLAUSE:



The Supreme Court of California affirmed in part and reversed in part an appellate court decision reversing a trial court's grant of summary judgment in favor of excess insurance companies in the state's action to obtain coverage for property damage liability imposed in a federal lawsuit concerning discharges in the 1960s and 70s from the Stringfellow Acid Pits, a state-run hazardous waste disposal facility. The summary judgment record showed the existence of triable issues of fact as to whether the 1969 and 1978 discharges occurred suddenly and accidentally, whether they contributed substantially to the downslope contamination of soil and groundwater for which the state was held liable in damages, and whether those damages were incapable of division according to causal event. Summary judgment for insurers based on the policies' qualified pollution exclusions was therefore improper. State v. Allstate Insurance Co., No. S149988, 39 ELR 20054 (Cal. Mar. 9, 2009).


PROPOSITION 65, WARNING LABELS:



A California appellate court affirmed a trial court's ruling in favor of tuna companies in a state lawsuit seeking to require the companies to warn pregnant women and women of childbearing age that they are exposed to methylmercury when they consume canned tuna. Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, requires companies that expose consumers to carcinogens or reproductive toxins to provide a warning, subject to specified defenses. Here, substantial evidence supports the trial court's finding that methylmercury in tuna is naturally occurring, thereby removing the tuna companies from the reach of Proposition 65. People v. Tri-Union Seafoods, LLC, No. A116792, 39 ELR 20057 (Cal. App. 1st Dist. Mar. 11, 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 the availability of the draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007. 74 FR 10249 (3/10/09).

  • EPA granted entities that import halon-1301 aircraft fire extinguishing vessels for hydrostatic testing purposes an exemption from the stratospheric ozone protection program's recordkeeping and reporting requirements. 74 FR 10182 (3/10/09).

  • EPA updated its delegation of authority for Wyoming to implement and enforce new source performance standards. 74 FR 9958 (3/9/09).

  • SIP Approval: California (approval of 2003 state strategy and partial approval of 2003 South Coast SIP for the Los Angeles-South Coast Air Basin) 74 FR 10176 (3/10/09).

ENERGY:



  • DOE published a final rule that establishes guidelines to promote federal procurement of energy-efficient products. 74 FR 10830 (3/13/09).

HAZARDOUS & SOLID WASTE:



  • EPA granted a petition submitted by Bayer Material Science to delist the toluene diisocyanate residues from its facility's distillation units in Baytown, Texas, from the lists of hazardous wastes. 74 FR 10680 (3/12/09).

OFFICE OF THE PRESIDENT:



  • The President issued a memorandum assigning to the director of the Office of Science and Technology Policy the responsibility for ensuring the integrity of scientific and technological information and processes. 74 FR 10671 (3/11/09).

  • The President issued a memorandum outlining the circumstances under which signing statements will be issued on pending legislation. 74 FR 10669 (3/11/09).

WILDLIFE:



  • FWS designated approximately 1,195,821 acres in Avoyelles, Catahoula, Concordia, East Carroll, Franklin, Iberia, Iberville, Madison, Pointe Coupee, Richland, St. Martin, St. Mary, Tensas, West Carroll, and West Feliciana parishes, Louisiana, as critical habitat for the Louisiana black bear. 74 FR 10350 (3/10/09).

DOJ NOTICE OF SETTLEMENT:



  • United States v. City of Indianapolis, No. 1:06-cv-1456 (S.D. Ind. Mar. 9, 2009). Under the terms of a proposed amendment to a 2006 consent decree, a settling CWA defendant must construct a conveyance and storage tunnel for its municipal wastewater and sewer system. 74 FR 10966 (3/13/09).

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. 1262 (Water Quality Investment Act of 2009), which would amend the Federal Water Pollution Control Act to authorize appropriations for state water pollution control revolving funds, was passed by the House. 155 Cong. Rec. H3345 (daily ed. Mar. 12, 2009).

Committee Action



  • H. Res. 235 (Federal Water Pollution Control Act) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 111-26, 155 Cong. Rec. H3103 (daily ed. Mar. 9, 2009). The resolution would amend the Federal Water Pollution Control Act to authorize appropriations for state water pollution control revolving funds.

Bills Introduced



  • S. 548 (Schumer, D-N.Y.) (Public Utility Regulatory Policies Act) would amend 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. S2909 (daily ed. Mar. 9, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 553 (Klobuchar, D-Minn.) (National Scenic Trail) would revise the authorized route of the North Country National Scenic Trail in northeastern Minnesota to include existing hiking trails along Lake Superior's north shore and in the Superior and Chippewa National Forests. 155 Cong. Rec. S2909 (daily ed. Mar. 9, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 555 (Udall, D-Col.) (land exchange) would provide for the exchange of certain land located in the Arapaho-Roosevelt National Forests in the state of Colorado. 155 Cong. Rec. S2964 (daily ed. Mar. 10, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 561 (Bingaman, D-N.M.) (wildland fires) would authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on DOI and National Forest System lands and require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy. 155 Cong. Rec. S2964 (daily ed. Mar. 10, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 563 (Bennett, D-Col.) (land exchange) would direct the exchange of certain land in Grand, San Juan, and Uintah Counties, Utah. 155 Cong. Rec. S2964 (daily ed. Mar. 10, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 575 (Carper, D-Del.) (greenhouse gas emissions) would amend title 49, U.S. Code, to develop plans and targets for states and metropolitan planning organizations to develop plans to reduce greenhouse gas emissions from the transportation sector. 155 Cong. Rec. S3025 (daily ed. Mar. 11, 2009). The bill was referred to the Committee on Environment and Public Works.

  • S. 587 (Lugar, R-Ind.) (energy security) would establish a Western Hemisphere Energy Cooperation Forum to establish partnerships with interested countries to promote energy security through the accelerated development of sustainable biofuels production and energy alternatives, research, and infrastructure. 155 Cong. Rec. S3073 (daily ed. Mar. 12, 2009). The bill was referred to the Committee on Foreign Relations.

  • S. 591 (Reid, D-Nev.) (nuclear waste) would establish a National Commission on High-Level Radioactive Waste and Spent Nuclear Fuel. 155 Cong. Rec. S3073 (daily ed. Mar. 12, 2009). The bill was referred to the Committee on Environment and Public Works.

  • H.R. 1373 (Boozman, R-Ariz.) (resource study) would direct the Secretary of the Interior to conduct a resource study along the "Ox-Bow Route" of the Butterfield Overland Trail in the states of Arkansas, Arizona, California, Missouri, New Mexico, Oklahoma, Tennessee, and Texas. 155 Cong. Rec. H3077 (daily ed. Mar. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1376 (Edwards, D-Tex.) (national monument) would authorize the Secretary of the Interior to establish the Waco Mammoth National Monument in the state of Texas. 155 Cong. Rec. H3077 (daily ed. Mar. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1379 (Pallone, D-N.J.) (fisheries) would prohibit the commercial harvesting of Atlantic striped bass in the coastal waters and the exclusive economic zone. 155 Cong. Rec. H3077 (daily ed. Mar. 6, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1382 (Bilbray, R-Cal.) (efficiency) would provide assistance for ultra-efficient vehicles under the advanced technology vehicles manufacturing incentive program. 155 Cong. Rec. H3103 (daily ed. Mar. 9, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1393 (Hinojosa, D-Tex.) (Lower Rio Grande Valley Water Resources Conservation and Improvement Act) would amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act. 155 Cong. Rec. H3104 (daily ed. Mar. 9, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1394 (Inslee, D-Wash.) (Clean Energy Corps) would amend the National and Community Service Act of 1990 to establish the Clean Energy Corps to mobilize young people to promote energy conservation and mitigate threats to the environment. 155 Cong. Rec. H3104 (daily ed. Mar. 9, 2009). The bill was referred to the Committee on Education and Labor.

  • H.R. 1404 (Rahall, D-W.Va.) (wildland fires) would authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on DOI and National Forest System lands and require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy. 155 Cong. Rec. H3144 (daily ed. Mar. 10, 2009). The bill was referred to the Committees on Natural Resources, Agriculture, and the Budget.

  • H.R. 1426 (Lucas, R-Ok.) (CAA) would amend the CAA to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production. 155 Cong. Rec. H3337 (daily ed. Mar. 11, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1435 (Coffman, R-Colo.) (National Trails System Act) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the majority of the trails in the System. 155 Cong. Rec. H3337 (daily ed. March 11, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1438 (Fortenberry, R-Neb.) (greenhouse gas emissions) would prohibit any federal agency or official, in carrying out any Act or program to reduce the effects of greenhouse gas emissions on climate change, from imposing a fee or tax on gaseous emissions emitted directly by livestock. 155 Cong. Rec. H3337 (daily ed. Mar. 11, 2009). The bill was referred to the Committee on Energy and Commerce and the Committee on Ways and Means.

  • H.R. 1442 (Matheson, D-Utah) (land sale) would provide for the sale of the federal government's reversionary interest in approximately 60 acres of land in Salt Lake City, Utah, originally conveyed to the Mount Olivet Cemetery Association under the Act of January 23, 1909. 155 Cong. Rec. H3337 (daily ed. Mar. 11, 2009). The bill was referred to the Committee on Natural Resources

  • H.R. 1446 (Norton, D-D.C.) (National Mall) would amend title 40, U.S. Code, to authorize the National Capital Planning Commission to designate and modify the boundaries of the National Mall area in the District of Columbia. 155 Cong. Rec. H3337 (daily ed. Mar. 11, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1454 (Brown, R-S.C.) (Multinational Species Conservation Funds Semipostal Stamp) would provide for the issuance of a Multinational Species Conservation Funds Semipostal Stamp. 155 Cong. Rec. H3399 (daily ed. March 12, 2009). The bill was referred to the Committee on Oversight and Government Reform and the Committee on Natural Resources.

  • H.R. 1462 (Maloney, D-N.Y.) (oil royalties) would provide for a study by the National Academy of Engineering regarding improving the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal and Indian lands. 155 Cong. Rec. H3399 (daily ed. Mar. 12, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 1476 (Engel, D-N.Y.) (ethanol) would require automobile manufacturers to ensure that not less that 80% of the automobiles manufactured or sold in the United States by all U.S. manufacturers operate on fuel mixtures containing 85% ethanol, 85% methanol, or biodiesel. 155 Cong. Rec. H3400 (daily ed. Mar. 12, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1481 (Kanjorski, D-Penn.) (solid waste) would authorize certain states to prohibit the importation of solid waste from other states. 155 Cong. Rec. H3400 (daily ed. Mar. 12, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 1492 (Murphy, R-Penn.) (renewable energy) would establish a pilot program to provide assistance for partnerships supporting applied sciences in renewable energy. 155 Cong. Rec. H3400 (daily ed. Mar. 12, 2009). The bill was referred to the Committee on Education and Labor.

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:

















Arkansas Illinois Nebraska
California Maryland Nevada
Colorado Minnesota New Jersey
Florida    

ARKANSAS


General:



CALIFORNIA


Air:



  • The Air Resources Board will hold a public hearing to consider adoption of a regulation to define guidelines for implementation of AB 118, Air Quality Improvement Program (AQIP). The goal of the AQIP is to fund air quality improvement research on the air quality impacts of alternative fuels and advanced technology vehicles, and workforce training. The hearing will be held April 23-24, 2009. See http://www.arb.ca.gov/regact/2009/aqip09/aqip09.htm

  • The Air Resources Board will hold a public hearing to consider adoption of a regulation to implement the Low Carbon Fuel Standard (LCFS). The hearing will be April 23 and 24, 2009. See http://www.arb.ca.gov/regact/2009/lcfs09/lcfs09.htm

  • The Air Resources Board will hold a public hearing to consider the adoption of a regulation to reduce greenhouse gas emissions (GHG) from vehicles operating with under-inflated tires. The proposed regulation requires that beginning July 1, 2010, all automotive service providers will perform a tire inflation service on all passenger vehicles that are brought in to a facility for service or repair. The automotive service providers would be required to indicate on the vehicle service invoice that the tire pressure service was performed and what the tire pressures were after the service was completed to verify compliance with the regulation. The hearing will be March 26, 2009. See http://www.arb.ca.gov/regact/2009/tirepres09/tirepres09.htm

  • The South Coast Air Quality Management District (AQMD) will hold a public workshop on proposed rule PR 433, Natural Gas Quality. The objective of PR 433 is to monitor and determine the effects of liquefied natural gas additions to the natural gas distribution system on the quality of natural gas being supplied to end users located within the AQMD and to prevent increases of air pollutant emissions caused by natural gas quality changes. The hearing will be March 26, 2009. See http://www.aqmd.gov/pub_edu/notice_433_Mar_26_09.html

  • The South Coast Air Quality Management District (AQMD) will hold a public workshop on proposed amendments to Rule 317, CAA Nonattainment Fees. The objective of the proposed rule is to implement the mandatory provisions of §§182(d), 182(e), 182(f) and 185 of the 1990 amendments to federal CAA as they apply to major stationary sources of volatile organic compounds or nitrogen oxide located in the AQMD portions of the South Coast Air Basin or Salton Sea Air Basin if the air basins do not achieve the federal one-hour ozone standard by their designated attainment dates. The hearing will be April 3, 2009. See http://www.aqmd.gov/pub_edu/nph_317_Apr_3_09.html

  • The South Coast Air Quality Management District (AQMD) will hold a public workshop on proposed amendments to Regulation IX, Standards of Performance for New Stationary Sources. The proposed amendments include new standards for stationary spark ignition internal combustion engines; stays on certain standards for equipment leaks of volatile organic compounds in the synthetic organic chemicals manufacturing industry and petroleum refineries; new standards for new, modified, or reconstructed process units at petroleum refineries; and temporary, interim and unlimited stays for certain provisions of the new standards for petroleum refineries. The hearing will be April 3, 2009. See http://www.aqmd.gov/pub_edu/nph_RegIX_Apr_3_09.html

COLORADO


Air:



  • The Air Quality Control Commission will hold a public hearing to consider a modification to Element 7 of the House Bill 06-1302 Implementation Plan. The requested modification would extend the date for implementing the pay-upon-registration funding mechanism to allow the Commission to consider implementation of pay-upon-registration within the broader context of decisions regarding the future use of remote sensing technology to identify high emitting vehicles. The hearing will be March 19, 2009. See http://www.cdphe.state.co.us/op/aqcc/hearingnotices/2009/HB06-1302%20%20031909.pdf    

FLORIDA


Hazardous & Solid Waste:



  • The Department of Health will hold a public hearing on proposed amendments to Rules 64E-6.001 through 64E-6.028 pertaining to onsite waste disposal. These rules potentially impact anyone seeking to design install, maintain, repair, modify, or manufacture components for an onsite sewage treatment and disposal system. The hearing will be March 30, 2009. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3509/3509doc.pdf (pp.1083-093)

Water:



  • The Department of Environmental Protection adopted amendments to 62-532.200 through 62-532.900, pertaining to water wells. The amendments add the term "coupling(s)" to the well construction requirements; update the reference to §6 of the NSF International Standard; require proper maintenance of a water well worksite during the construction, repair, or abandonment of a water well; combine the rule for permitting well construction and repair and the rule for permitting well abandonment into one rule; make technical changes for the construction of specific types of driven wells; address water well grouting requirements; adopt permit and well completion report forms; and update water well setback distances. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3509/3509doc.pdf (pp. 1054-55)

ILLINOIS


Water:



  • The Pollution Control Board will hold a public hearing on proposed amendments to 35 Ill. Adm. Code 303, Water Use Designations and Site-Specific Water Quality Standards regarding the city of Galva's proposed site-specific amendments to allow alternative boron standards for discharges from both of its sewage treatment plants. The hearing will be March 31, 2009. http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue10.pdf 

MARYLAND


Air:



MINNESOTA


Water:



NEBRASKA


Air:



Water:



  • The Department of Environmental Quality will hold a video conference on the proposed addition of a new section to Title 119, Chapter 28, Permits-By-Rule. Application of pesticides, including herbicides, or fungicides for the control of mosquito larvae, aquatic weeds, or other pests to, over, or near waters of the state would be permitted under this rule provided that the pesticide applicator complies with the applicable requirements. The conference will be March 31, 2009. See http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000000719

NEVADA


Energy:



  • The Public Utilities Commission adopted amendments to NAC 704.953, Definitions. The amendments establish for public utilities that purchase natural gas for resale methods and programs to remove financial disincentives that discourage public utilities from supporting energy conservation and other related utility matters. See http://www.leg.state.nv.us/register/indexes/DailyUpdates.htm 

Wildlife:



NEW JERSEY


Toxic Substances:



  • The Department of Environmental Protection readopted with amendments N.J.A.C. 7:1J, Processing of Damage Claims Pursuant to the Spill Compensation and Control Act Rules. These rules establish the procedures concerning the processing of all claims under the Act for damages resulting from the discharge of a hazardous substance or a threatened hazardous substance. See http://www.nj.gov/dep/rules/adoptions/adopt_090302a.pdf

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


INTERNATIONAL

EU IMPOSES DUTIES ON U.S. BIODIESEL IMPORTS



The European Union (EU) has imposed anti-dumping and anti-subsidy duties on imports of biodiesel from the United States, the latest in a series of trade frictions between the two trading giants. U.S. firms exporting biodiesel into the EU will have to pay additional anti-dumping tariffs of up to 29%, and anti-subsidy duties of between 29 and 41%, for an initial six months, the EU said in its Official Journal. The EU executive that oversees trade policy for the 27-nation bloc must decide within the next six months whether to impose "definitive duties" for at least five years, which must then be approved by trade ministers. Imports from the United States into Europe are larger than from any other country and increased to more than 1.5 million tons last year from about 7,000 tons in 2005. For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE52B1W920090312


IS THE ECONOMIC RECESSION SLOWING DOWN ACTIONS AGAINST CLIMATE CHANGE?



Global efforts to combat climate change have not been played down by the current economic slump, although relevant nongovernmental organizations have started to feel the pressure, experts say. "As the economic crisis is deepening, there could be some impact on climate change in general. But so far, I do not see direct and evident 'compromise' of the global efforts," Feng Gao, director of the Legal Affairs Program of the United Nations Framework Convention on Climate Change secretariat, said in an interview with Xinhua, the official press agency of the People's Republic of China. For the full story, see http://news.xinhuanet.com/english/2009-03/11/content_10987237.htm


CLIMATE EXCHANGE VOLUME SURGES, YEAR LOSS NARROWS



British carbon credit exchange operator Climate Exchange said trading volume on its main exchanges rose sharply in 2008 when its loss before tax narrowed to 2.5 million pounds ($3.5 million). "In spite of financial market distress and a serious economic downturn, environmental markets continue to grow," it said in a statement on Thursday. Climate Exchange owns and operates exchanges on which environmental finance instruments such as emissions reduction credits are traded. Its two main exchanges are the European Climate Exchange (ECX), which mostly trades compliance permits under the European Union's Emissions Trading Scheme, and the Chicago Climate Exchange (CCX), which trades unregulated voluntary emissions reduction credits. It also operates the Chicago Climate Futures Exchange. Annual volume on the ECX surged 170% to 2.81 billion metric tons, while average daily volume on the CCX increased 70% to 1,899 contracts, the company said. For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE52B28Q20090312


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


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