November 9,  2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber.  If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@taberlaw.com with the word “subscribe” in the subject line.

SETTLEMENTS

Notice of Proposed Consent Decree; Request for Public Comment. — Federal Register, November 2, 2009
In accordance with section 113(g) of the Clean Air Act, as amended (CAA or ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Association of Irritated Residents (‘‘Plaintiff’’) in the United States District Court for the Northern District of California:  Association of Irritated Residents v. EPA, No. 09–cv–1890–CW (N.D. Cal.). On or about April 30, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty to take action under section 110(k) of the Act on a revision to the state implementation plan (SIP) submitted by the State of California. Specifically, the complaint alleges that EPA failed to take action on two rules amended by the San Joaquin Valley Unified Air Pollution Control District (‘‘District’’) on September 21, 2006 and included in a SIP revision submitted to EPA by the California Air Resources Board (CARB) on December 29, 2006: Rule 2020 (‘‘Exemptions’’) and Rule 2020 (‘‘New and Modified Stationary Source Review Rule’’). The subject rule amendments relate to permitting of agricultural sources. In the SIP revision dated December 29, 2006, CARB submitted amended District Rule 2020 in its entirety but only Paragraph 4.6.9 of District Rule 2020. Under the terms of the proposed consent decree, a deadline has been established for EPA to take action on the amended District rules as submitted on December 29, 2006. If EPA fulfills its obligations, Plaintiff has agreed to dismiss this suit with prejudice.
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Three Minnesota Companies Agree to EPA Orders to Comply with Federal Rules to Protect Stratospheric Ozone. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency Region 5 has issued administrative consent orders to three Minnesota scrap metal recycling companies – Leroy Iron and Metal Division of Behr Iron, Alter Trading Corp. and Timm’s Auto Salvage. he companies agreed to comply with EPA regulations designed to protect the stratospheric ozone layer at their scrap metal recycling facilities. The Leroy plant is at 2275 Dale Ave., Leroy; the Alter plant is at 801 Barge Channel Road, St. Paul; and the Timm’s plant is at 936 W. 12^th St., St. Charles.
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University of Cincinnati Agrees to EPA Order to Comply with Clean Air Act. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to the University of Cincinnati requiring the university to comply with its state operating permit and its construction permit for a coal-fired boiler and two natural gas-fired turbines at 3001 Vine St. The order resolves EPA allegations that the university had exceeded its emission limit for opacity (the amount of light obscured by particulate matter) for its coal-fired boiler and nitrogen oxide and carbon monoxide emission limits for its two gas-fired turbines.
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Notice of Proposed CERCLA Administrative Cost Recovery Settlement:  APCO Mossberg Company, Inc., Superfund Site, Attleboro, MA. — EPA News Release, November 2, 2009
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past costs concerning the APCO Mossberg Company, Inc., Superfund Site in Attleboro, Massachusetts, with settling party Morton D. Cross. The settlement requires the settling party to pay $50,000, plus an additional sum for interest on that amount calculated from July 1, 2009 through the date of payment, to the Hazardous Substance Superfund. The settlement includes a covenant not to sue for the settling party pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For thirty (30) days following the date,
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A and B Metal Recycling agrees to EPA order; will comply with federal rules to protect stratospheric ozone. — EPA News Release, November 4, 2009
U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to A & B Metal Recycling to comply with EPA regulations designed to protect the stratospheric ozone layer. The order affects the company’s scrap metal recycling facility at 3049 E. 55^th St., Cleveland, Ohio. EPA cited A & B in June 2008 for alleged violations of EPA regulations requiring recovery of ozone-depleting refrigerants from small appliances before they are recycled. The allegations resulted from EPA inspections of the company’s facility in April 2008 and subsequent requests for information in May 2008.
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Regional Home Builder Agrees to Clean Water Act Settlement. — Department of Justice News Release, November 6, 2009
John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta, Ga., have agreed to pay a $350,000 civil penalty to resolve alleged violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today. The companies have also agreed to implement company-wide storm water compliance programs at their construction sites that go beyond current regulatory requirements. EPA estimates that the agreement will keep approximately 37 million pounds of sediment from polluting the nation’s waterways each year.
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DECISIONS

U.S. EPA Takes Action Against San Francisco “Muni” following 2005 SF Bay Oil Spill. — EPA News Release, November 2, 2009
The U.S. Environmental Protection Agency is taking action against the San Francisco Municipal Transportation Agency following federal violations of the Clean Water Act and Resource Conservation and Recovery Act. On behalf of the U.S. EPA, the Department of Justice has lodged a proposed consent decree with the U.S. District Court for the Northern District of California against the city and county of San Francisco for releasing at least 940 barrels of diesel fuel — some of which entered into Islais Creek, a tributary of the San Francisco Bay.
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EPA Adds Raritan Bay Site to Nation’s Superfund List. — EPA News Release, November 2, 2009
The U.S. Environmental Protection Agency (EPA) has placed the Raritan Bay Slag site in Sayreville and Old Bridge Township, New Jersey, to the Superfund National Priorities List (NPL). The listing enables EPA to continue an investigation into the extent of contamination at the Raritan Bay Slag site and to take the proper measures to address the contamination.
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Powell Butte, Ore. Ranch Owners Ordered to Complete Hazardous Waste Cleanup. — EPA News Release, November 2, 2009
A former owner and operator of Beetham Ranch in Powell Butte, Ore. and the company he owns and controls have been ordered by the U.S. Environmental Protection Agency to complete the cleanup of hazardous wastes that began in 2007. According to the order, the former owner and operator, Dennis C. Beetham, and his company, D.B. Western, Inc., are to finish cleanup operations at the ranch that have already resulted in the removal of nearly 265 tons of hazardous waste, 241 tons of industrial waste and 3000 tons of solid waste.
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Other Articles about the same topic:

EPA issues ultimatum on toxic waste: If ex-owner doesn’t clean up site, agency will – and cost may triple. — Lauren Duke, The Bulletin, November 3, 2009
The federal government issued an ultimatum Monday to the former Powell Butte rancher charged with dumping hazardous waste on his property: Clean up the ranch or the U.S. Environmental Protection Agency will — and it could cost triple. Dennis Beetham, who owns the formaldehyde manufacturing company D.B. Western Inc., could have the hazardous waste cleaned up by the end of December, if he follows an EPA timeline, and no new waste is discovered. If Beetham declines to voluntarily clean the site, the EPA will step in and finish the work but could charge triple the cost, plus other penalties.
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EPA adds U.S. Magnesium to Superfund site list. — EPA News Release, November 2, 2009
The U.S. Environmental Protection Agency, with support from the Utah Department of Environmental Quality (UDEQ), today announced it has added U.S. Magnesium, LLC, in Tooele County, Utah, to the National Priorities List (NPL) of Superfund sites. Listing U.S. Magnesium on the NPL makes the cleanup of the site a high priority nationally. It also enables EPA and UDEQ to use Superfund authority under the Comprehensive Environmental Response, Compensation and Liability Act to initiate and oversee the cleanup of the site. Sites listed on the NPL are among the nation’s most contaminated places.
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Other Article about the same topic:

US Mag plans to challenge EPA superfund designation. — Tom Jenneman, AMM.com, November 3, 2009
US Magnesium LLC said it will challenge the U.S. Environmental Protection Agency’s addition of its site in Tooele County, Utah, to the National Priorities List (NPL) of Superfund sites. The designation makes the cleanup of the area surrounding the magnesium plant a high priority and would enable the EPA and the Utah Department of Environmental Quality to compel US Mag to pay for some or the entire cleanup.
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U.S. EPA directs Chevron subsidiary Texaco Inc. to complete cleanup work investigation at Pacific Coast Pipeline Superfund site. — EPA News Release, November 4, 2009
The U.S. Environmental Protection Agency has issued a Unilateral Administrative Order to Texaco Inc. that requires the company to assess soil and groundwater contamination and evaluate additional cleanup options, for the Pacific Coast Pipeline Superfund Site (commonly known as the “Texaco site”) in Fillmore, Calif.
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U.S. EPA fines Long Beach landlord $7,952 over lead-based paint violations // Landlord cooperated with the investigation. — EPA News Release, November 4, 2009
The U.S. Environmental Protection Agency has fined a Long Beach, Calif., property owner $7,952 for allegedly violating federal lead-based paint disclosure requirements at six rental properties located at 1444 Chestnut Ave. During a routine inspection in 2005, the EPA discovered that residential property owner James Williams failed to disclose whether reports about lead-based paint or lead hazards existed for his apartment complex prior to tenants signing lease agreements which was in violation of the federally regulated Toxic Substances Control Act.
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Madison faces potential fine over sewage spill. — The Associated Press, November 4, 2009
The former superintendent of Madison’s sewage treatment plant could face up to a year in prison and a $100,000 fine after he was accused of negligently polluting the Ohio River. The U.S. Department of Justice on Tuesday charged David W. Hawkins and the city with violating the Clean Water Act. The Justice Department says Hawkins didn’t follow advice from environmental officials in 2007 to “reseed” the plant with live organisms to treat waste. As a result, untreated sewage entered the river.
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EPA fines California pesticide distributor. — The Associated Press, November 4, 2009
UThe Environmental Protection Agency has fined a California company nearly $100,000 for 21 alleged violations of federal pesticide laws. The agency says Wilber-Ellis Co., a national distributor of agricultural products, has agreed to pay $99,600 to resolve allegations that emerged from investigations in Idaho, Arizona, the Navajo Nation and the Fort Mojave Indian Tribe.
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Oregon Judge Rules for Army in Incineration Lawsuit. — PRNewswire, November 5, 2009
An Oregon judge denied a motion for summary judgment against the State of Oregon regarding Army chemical weapons destruction at the Umatilla Chemical Depot, Hermiston, Ore. Judge Michael H. Marcus, Judge for the Circuit Court of the State of Oregon, denied the petitioner’s motion for summary judgment and entered a judgment in favor of the State of Oregon and its co- defendants in the case, including the U.S. Army.
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Judge Busch Could Block New Bike Lanes Through March 2010. — Michael Rhodes, SF.StreetsBlog.org, November 2, 2009
The injunction that has hung like a pall over San Francisco’s efforts to improve bicycle infrastructure for the city’s growing number of bicyclists will remain for at least another ten days, and could continue in partial or full form until March 2010 or beyond. A judge today delayed decision on lifting the three-year-old bike injunction, instead ordering both the city and Mary Miles, attorney for Rob Anderson, who first sought the injunction, to submit additional materials by November 12. The judge could then lift the injunction completely, lift it partially for sharrows and bike racks but not bike lanes, or uphold it until a 2010 hearing on the city’s environmental review of the bike plan.
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WWP Wins Summary Judgment from OHA in Arizona on the Byner Complex Allotments. — Western Watersheds Project News Release, November 4, 2009
Western Watersheds Project (WWP) successfully appealed a grazing permit decision issued by the Kingman Field Office, Bureau of Land Management (BLM), because the BLM violated the National Environmental Policy Act (NEPA) on the Big Sandy, Los Molinos, and Diamond Joe Allotments (collectively called the “Byner Complex”). The Byner Cattle Company (permittee) is a subsidiary of Freeport-McMoRan Copper Company, one of the world’s largest copper and gold mining companies.
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REGULATORY ACTIONS

Portland, OR Adopts Aggressive Climate Change Policy. — SustainableBusiness.com News, November 2, 2009
Portland, Oregon is adopting one of world’s most aggressive programs in the US to reduce greenhouse gas emissions (GHG). The City Council passed a 40-year plan with a 4-0 vote. Under the Climate Action Plan, the city of Portland and surrounding county, Multnomah County, will slash GHG 80% below 1990 levels by 2050.
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Bush’s Stream-Buffer Rule for Mining Will Remain Until 2011. — Patrick Reis, Greenwire in The New York Times, November 2, 2009
The Interior Department will leave in place George W. Bush-era changes to a rule designed to protect streams from mountaintop-removal coal mining until 2011, according to court documents filed by the Obama administration Friday. A new “stream-buffer zone” rule could “optimistically” be finished by early 2011, Glenda Owens, acting director of Interior’s Office of Surface Mining, said in papers filed Friday.
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Some Fear EPA Regulations for Future of Reservation Power Plants. — Dan Restko, NAZ Today, November 2, 2009
The U.S. Environmental Protection Agency has proposed rules that would require the Navajo Generating Station and the Four Corners Power Plant to install new emissions equipment which could potentially put power rates out of reach for users. The plant supplies low-cost electricity for the Central Arizona Project Canal to pump water to Phoenix and Tucson. Though the supply of electricity comes at a price, the EPA ranks Navajo as the nation’s third largest emitter of nitrogen oxides and Four Corners as the second largest. Some fear the cost of curbing these carbon emissions will have a great impact on the Hopi and Navajo Indian reservations. The coal burned to produce electricity is mined on these reservations and tribal members provide a large portion of the labor needed to keep the plant running. There is the possibility that many tribe members could lose their jobs if the plant closed.
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Secretary Salazar, FERC Chairman Wellinghoff Sign Agreement to Spur Renewable Energy on the U.S. Outer Continental Shelf. — EPA News Release, November 2, 2009
Secretary of the Interior Ken Salazar and Federal Energy Regulatory Commission Chairman Jon Wellinghoff today signed an agreement that clarifies their agencies’ jurisdictional responsibilities for leasing and licensing renewable energy projects on the U.S. Outer Continental Shelf. The Memorandum of Understanding clears the way for developing wind, solar, wave, tidal and ocean current energy sources.
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EPA Extends Comment Period on Proposed Dow Chemical Agreement; Meeting Nov. 5, 7 p.m. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency Region 5 has extended its comment period on a proposed EPA and Michigan Department of Environmental Quality agreement with the Dow Chemical Co. The agreement outlines the next steps in a comprehensive Superfund evaluation of contamination in the Tittabawassee River and Saginaw River and Bay and their floodplains. The comment period began that Oct. 19 has now been extended 30 days to Dec. 17.EPA and MDEQ will not sign any agreement—contained in a legal document called an administrative order on consent—until after the agencies have engaged the community and fully considered public comment. A public meeting will be held Nov. 5, 7 p.m., at Saginaw Valley State University, Curtiss Hall, Banquet Rooms A&B, 7400 Bay Road, Saginaw. EPA will hold a question-and-answer session and accept public comments at the meeting.
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EPA extends comment period on Dow cleanup plan. — The Associated Press, November 2, 2009
Federal officials are giving the public an extra month to comment on a proposed deal with Dow Chemical Co. on designing a cleanup of dioxin contamination near its Midland plant. The comment period began Oct. 19 and had been scheduled to end Nov. 17. But the Environmental Protection Agency said Monday it has been extended until Dec. 17.
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Coal ash disposal loophole is feared as EPA considers new rules. — Anne Paine, The Tennessean, November 3, 2009
The U.S. Environmental Protection Agency is considering designating coal ash from power plants as hazardous material if it’s kept wet, and non-hazardous if it’s moved to a dry landfill. The new option was included with other possibilities already under discussion in a General Accountability Office document released Friday, drawing criticism from environmentalists. The EPA has said it will make a decision on regulating coal ash by the year’s end.
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Other Articles about the same Topic:

Response to EPA Administrator’s Request for Investigation into Allegations of a Cover-up in the Risk Assessment for the Coal Ash Rulemaking. — U.S. Environmental Protection Agency, Office of Inspector General Report, November 2, 2009
U.S. EPA Inspector General  releases Report on “Cover Up” in the Risk Assessment for the Coal Ash Rulemaking. Click Here

The Halliburton Loophole. — Editorial, The New York Times, November 2, 2009
Among the many dubious provisions in the 2005 energy bill was one dubbed the Halliburton loophole, which was inserted at the behest of — you guessed it — then-Vice President Dick Cheney, a former chief executive of Halliburton. It stripped the Environmental Protection Agency of its authority to regulate a drilling process called hydraulic fracturing. Invented by Halliburton in the 1940s, it involves injecting a mixture of water, sand and chemicals, some of them toxic, into underground rock formations to blast them open and release natural gas.
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Farm Bureau calls EPA buffer-zone rules ‘unworkable.’ — Kate Campbell, California Farm Bureau Federation, November 4, 2009
New federal rules that threaten common agricultural practices have sparked a strong response from Farm Bureaus in four Western states. At issue are new pesticide label restrictions and expansive buffer zones near streams, intended to protect salmon and steelhead. But future actions could affect a greater range of species habitat and materials. The initial decision specifically affects the use of three organophosphates—chlorpyrifos, malathion and diazinon—but other reviews will follow.
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Rules on Modified Corn Skirted, Study Says. — Andrew Pollack, The New York Times, November 5, 2009
As many as 25 percent of the American farmers growing genetically engineered corn are no longer complying with federal rules intended to maintain the resistance of the crops to damage from insects, according to a report Thursday from an advocacy group. The increase in farmers skirting the rules, from fewer than 10 percent a few years ago, raises the risk that insects will develop resistance to the toxins in the corn that are meant to kill them, the report says. And it raises questions about whether the Environmental Protection Agency and the agricultural biotechnology industry are adequately enforcing the rules.
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Report urges big cuts in phosphorous on upper, middle Charles River. — David Dahl, The Green Blog, November 5, 2009
A draft report from the US Environmental Protection Agency and the state Department of Environmental Protection calls for cutting annual phosphorous levels by 49 percent along the 70-mile upper and middle stretches of the Charles River. The state agency is accepting written public comments on the plan through Nov. 30.
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Md., other states warned about bay cleanup: EPA presses for detailed plans to cut pollution. — Timothy B. Wheeler, The Baltimore Sun, November 5, 2009
Federal officials said Wednesday they have given marching orders to Maryland and other states that drain into the Chesapeake Bay to come up with detailed plans for reducing pollution plaguing the estuary, warning that states face development shutdowns or other as-yet unstated consequences if the water fails to get cleaner. At the same time, the Environmental Protection Agency made the cleanup goal potentially easier to reach, saying new analysis indicates pollution doesn’t need to be curbed as much as previously thought to shrink the “dead zone” in the bay that starves fish, crabs and oysters every summer of the oxygen they need to breathe.
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EPA Proposes New Pesticide Labeling to Control Spray Drift and Protect Human Health. — EPA News Release, November 4, 2009
The U.S. Environmental Protection Agency has rolled out proposed guidance for new pesticide labeling to reduce off-target spray and dust drift. The new instructions, when implemented, will improve the clarity and consistency of pesticide labels and help prevent harm from spray drift. The agency is also requesting comment on a petition to evaluate children’s exposure to pesticide drift.
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Other Articles on the Same Topic:

EPA to curb pesticide drifts. — Doris de Guzman, Green Chemicals, November 4, 2009
I guess pesticide is the topic for this week after reporting about carbofuran. This time, the US Environmental Protection Agency (EPA) is proposing a new pesticide labeling to reduce off-target spray and dust drift. The agency is also requesting comments on a petition to evaluate children’s exposure to pesticide drift. The new labels will have uniform and specific directions on restricting spray drift as well as prohibit drift that could cause health or environmental effects. Examples of guidelines could include no spray buffer zones, restrictions on droplet or particle size, nozzle height, weather conditions, etc.
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Navistar Opposes Request For Delay In Diesel-Exhaust Case. — Bob Tita, The Wall Street Journal, November 4, 2009
Navistar International Corp. (NAV) said it’s opposed to delaying its court challenge of federal guidelines for complying with new, tougher standards for diesel-engine exhaust. The U.S. Environmental Protection Agency late last month asked a federal appeals court to postpone proceedings on Navistar’s case for 60 days while the agency reconsiders its compliance guidelines.
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EPA to impose standards on PVC plant emissions. — The Associated Press, November 5, 2009
The Environmental Protection Agency will set new nationwide emission standards for makers of polyvinyl chloride, commonly known as PVC, under a settlement with environmental groups announced Thursday. EPA agreed to set emission standards by July 29, 2011 for PVC manufacturers as part of a settlement with three environmental groups that sued EPA last year for failing to impose emission standards on PVC manufacturers in Louisiana.
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Spokane River cleanup plan draws criticism. — The Associated Press, November 5, 2009
A proposal to reduce phosphorus pollution in the Spokane River over the next decade has drawn criticism from business, government and environmental groups. In comments to the state Ecology Department, Inland Empire Paper Co. says new pollution limits might put it out of business. City officials in Idaho say Washington regulators are overstepping their authority. And, environmentalists say the plan fails to set an accurate limit on phosphorus in the river.
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EPA Announces Plans to Regulate Post-Construction Stormwater Runoff, Requests Comment on Draft Industry Survey to Inform Rulemaking. — Environmental Observer, November 5, 2009
The U.S. Environmental Protection Agency (EPA) has announced that it will propose and take final action by Nov. 2012 on a first-time national rule that would restrict stormwater discharges from newly developed and redeveloped sites.  Currently, EPA is requesting the construction industry’s feedback on a draft questionnaire that will inform and guide the new stormwater runoff rulemaking.  The final industry questionnaire would require certain general contractors to provide detailed technical information for up to 10 projects completed in 2009 – including project type/size, stormwater management controls and associated costs, discharge permit forms – as well as company-wide financial information spanning the last five years.
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Gulf Coast Communities Praise EPA Plan to Limit PVC Plant Pollution: Court settlement reached, agency to limit emissions of cancer-causing toxins starting in July 2011. — Common Dreams.org, November 5, 2009
November 5 – Edgar Mouton, 74, has lived in Mossville, Louisiana for all his life and for most of those years he’s lived near a PVC plant. In his community Mr. Mouton said there are unnatural rates of cancer, lung disease and asthma – which he believes is directly linked to the PVC plant nearby. There’s also the stink that smells like rotten eggs, he said. But thankfully, the U.S. Environmental Protection Agency has agreed to begin regulating the host of toxins released from PVC plants by July 29, 2011.
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Comment Called on Ivanpah Solar Thermal Project. — The BioEnergySite.com, November 5, 2009
The California Energy Commission is calling for final comments on the plans for a 400MW soplar plant in the Ivanpah Valley. A joint Final Staff Assessment/Draft Environmental Impact Statement (FSA/DEIS) for the proposed Ivanpah Solar Electric Generating System Project is now available for public comment. California Energy Commission staff and the Bureau of Land Management (BLM) completed the document, which will be open for comments until 11 February 2010. The facility is proposed by BrightSource Energy on land managed by the BLM in the Ivanpah Valley near Interstate 15 in San Bernardino County. The facility would help meet California’s goals of reducing greenhouse gas emissions and producing 33 percent of its electricity from renewable resources by 2020.
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U.S. EPA Makes Available Data on Compliance with Hazardous Waste, Air Regulations. — EPA News Release, November 6, 2009
The U.S. Environmental Protection Agency (EPA) released new information on EPA and state enforcement of hazardous waste and air regulations. In addition, the EPA posted data that allows the public, for the first time, to compare toxic releases with compliance data from facilities. This is part of EPA’s ongoing commitment to increase transparency and promote the public’s right to know by improving access to available data.
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EPA to accelerate Ches. Bay plan. — WAVY.com, November 6, 2009
The Environmental Protection Agency announced plans to accelerate its Chesapeake Bay Plan. They’re working to fulfill the mandate of President Obama’s executive order on Chesapeake Bay protection and restoration. Industry in Virginia and five other states, as well as the District of Columbia, will be under the microscope and faced with some deadlines.
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EPA Wants Real-World Environmental Data From the Smart Grid. — Jeff St. John, Greentech Media, November 6, 2009
The Environmental Protection Agency is eager to see some utility data on the positive environmental impacts of smart grid deployments around the country. Just what it wants to do with the data is still up in the air.That’s the gist of comments EPA representative Stacy Angel made in a Thursday conference call hosted by the Electric Power Research Institute.
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EPA says Churchrock cleanup delayed: Disposal mulled. — EPA News Release, November 2, 2009
After receiving overwhelming opposition to a cleanup plan for the Northeast Churchrock Mine, the U.S. Environmental Protection Agency is going back to the local community to try to work through concerns. The Navajo Nation wants complete removal of an estimated 900,000 cubic yards of radium-contaminated soils.
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LAWSUITS AND ADMINISTRATIVE ACTIONS FILED

Professor sues EPA about asbestos on Marco Island property. — Mesthelioma and Asbestos, November 1, 2009
Mario Sanchez is a professor at Miami-Dade College in Florida who lives on Marco Island. He is now suing the Environmental Protection Agency (EPA) because the agency failed to release information about asbestos that was found on city property back in 2005 as required by the Freedom of Information Act. Asbestos fragments had been found on a construction staging site that become Veterans’ Community Park. Crushed asbestos pipe had been discovered on park property in October 2005, something that had sparked controversy at the time. Quality Enterprises, the contractor on that project, was required to pay for proper asbestos removal as well as disposal.
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NJ Attorney General files suit to halt dredging and deepening of Delaware River. — The Gloucester County Times, November 2, 2009
Attorney General Anne Milgram announced today that the state has followed through on Governor Corzine’s direction to file a lawsuit against the U.S. Army Corps of Engineers seeking to block the planned dredging and deepening of the Delaware River shipping channel on grounds the project violates environmental laws. Filed in U.S. District Court in New Jersey, the lawsuit seeks to enjoin the Corps of Engineers from moving ahead with the deepening project until it conducts comprehensive sampling and analysis of sediment to be dredged from the Delaware River bottom. Governor Corzine announced last week that the suit would be filed if the Army Corps did not suspend its plan to issue a “Notice to Proceed.”
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Group Sues EPA for Background on Disputed Radiological Cleanup Guide. — Global Security Newswire, November 2, 2009
An activist organization last week sued the U.S. Environmental Protection Agency in hopes of obtaining internal comments used in preparing a draft guide that could relax requirements for decontaminating sites affected by radiological incidents such as a “dirty bomb” attack, Environment and Energy Daily reported last. The lawsuit, filed by Public Employees for Environmental Responsibility, seeks background analyses used by the Bush administration to formulate the draft Protective Action Guidance for Radiological Incidents. The organization submitted a Freedom on Information Act request last June for all discussion of the draft at the Environmental Protection Agency and other government offices, arguing that the material would help determine “whether EPA is meeting its mission of protecting the environment and public health with respect to radiation releases.”
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U.S. EPA takes enforcement action against the Wilbur-Ellis Company for 21 violations of federal pesticide law. — EPA News Release, November 3, 2009
The U.S. Environmental Protection Agency has fined a California-based national distributor of agricultural products, the Wilbur-Ellis Company, $99,600 for 21 alleged violations of federal pesticide law.The case was the result of investigations conducted by regulators in Arizona, Idaho, Navajo Nation, Ft. Mojave Indian Tribe, and EPA’s Pacific Southwest and Pacific Northwest Regional Offices.
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Farm Bureau Petitions U.S. Supreme Court on Pesticide Case. — The Voice of Agriculture, November 3, 2009
The American Farm Bureau Federation has filed a petition with the U.S. Supreme Court, asking the high court to review a lower court ruling that will otherwise impose Clean Water Act permitting requirements on the application of pesticides on, over or near water. “Allowing the lower court ruling to stand would pose serious challenges to farmers battling pests,” said AFBF President Bob Stallman. “When pests strike, time is of the essence, and any length of time waiting for permit approval for products that are already approved would be disastrous.”
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Fish processing plant in Haines, Alaska faces a possible $177,500 fine for discharging fish waste without a permit. — EPA News Release, November 3, 2009
The U.S. Environmental Protection Agency has filed a complaint against Chilkoot Fish & Caviar, Inc. for violations of the federal Clean Water Act. The violations occurred at Chilkoot’s fish processing plant located at Mile 5 Lutak Road in Haines, Alaska. The company, which repeatedly violated its permit over a four year period, could face a penalty of $177,550, the maximum civil penalty allowed under the Clean Water Act. EPA alleges that Chilkoot violated the Clean Water Act by discharging fish processing waste into Lutak Inlet without a National Pollutant Discharge Elimination System (NPDES) permit. The administrative complaint alleges illegal discharge activities from May to October in 2004, 2005, 2006 and 2007.
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Lawsuits have Shell debating Arctic drilling. — John Donovan, Royal Dutch Shell PLC.com, November 5, 2009
Shell, the giant oil company that hopes to open a new petroleum frontier for Alaska, says it will decide within months whether to risk sending a large fleet of vessels to drill for oil and gas in the Beaufort and Chukchi seas next summer. Scientists say Alaska’s Arctic waters could hide a massive storehouse for oil and natural gas, estimated to nearly rival the onshore discoveries of the North Slope. Betting on that, Shell two years ago spent more than $2 billion to obtain leases in the two seas and mobilized hundreds of millions of dollars’ worth of equipment to Alaska.
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NCC appeals Clean Water ruling. — Southwest Farm Press, November 4, 2009
The National Cotton Council of America and other agricultural groups filed a petition for certiorari to the U.S Supreme Court seeking reversal of the Sixth Circuit decision in NCC v. EPA. According to an NCC news release, the decision “imposes unnecessary and hampering regulations upon producers and health officials.” “The Sixth Circuit reversed over 30 years of precedent by using an unorthodox rationale that substituted its reasoning for the EPA’s informed decision-making,” NCC Chairman Jay Hardwick said. “The regulation that was struck down exempted certain pesticide applications from the Clean Water Act’s NPDES (discharge) permit requirement if the application was made in accordance with the FIFRA label provisions.”
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Federal lawsuit could affect Rosemont project. — Dick Kamp, Green Valley News and Sun, October 20, 2009
A lawsuit challenging a Bush administration policy that allows mines on federal land to deposit waste on valid mine claims was filed Tuesday in Federal District Court. The lawsuit was filed by the Western Mining Action Project on behalf of the environmental group Earthworks, Tucson-based Save the Scenic Santa Ritas (SSSR), Native American nonprofit-Western Shoshone Defense Project, Great Basin Resource Watch in Nevada, and High Country Citizens’ Alliance in Colorado.
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EPA Says Berkeley Violated Water Act. — Riya Bhattacharjee, The Berkeley Daily Planet, November 5, 2009
The East Bay Municipal Utility District and Berkeley are in trouble with the Environmental Protection Agency for violating the federal Clean Water Act. The EPA charged EBMUD and nine East Bay cities, including Berkeley, with discharging illegal flows through their sanitary sewer systems during rainy weather.
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U.S. Justice Department sues two Chicago area power plants. — Miriam Y. Cintron, Gazette, November 6, 2009
From her home in the Pilsen neighborhood, Leila Mendez can see smoke billowing from the top of Fisk Generating Station, a coalfired power plant that has been generating electricity since 1903. The smoke is particularly thick late at night as it streams from Fisk’s towering smokestack, said the lifelong Pilsen resident, who believes the air pollutants from the plant led to her being diagnosed with a phyllodes tumor — a rare form of breast cancer—in 1998.
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Groups Sue Uncle Sam to Protect Turtles. — Maria Dinzeo, Courthouse News Service, November 6, 2009
Shrimp fishers joined sea turtle advocates in claiming that the State Department puts turtles and fishermen’s livelihoods at risk by failing to ensure that foreign commercial shrimp boats comply with the same turtle conservation standards as domestic boats. Turtle Island Restoration Network and a fishing village in Florida say the State Department never prepared an environmental impact statement on whether its decision allowing 15 countries to export shrimp to the United States jeopardizes seven species of endangered sea turtles.
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Environmentalists Call on EPA to Halt TransAlta Emissions. — The Chronicle, November 6, 2009
Environmentalists once again took aim at emissions from TransAlta’s Centralia steam-electric coal plant this week, this time calling on the federal government to step in. EarthJustice, on behalf of the National Parks Conservation, the Sierra Club and others, filed a petition with the Environmental Protection Agency earlier this week asking the agency to object to the air pollution permit for the plant. The permit was granted by the Southwest Washington Clean Air Agency, which has said it lacks the regulatory power to reign in TransAlta’s emissions.
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CBF uses Clean Water Act to challenge air pollution permit. — Karl Blakenship, Bay Journal, November 6, 2009
The operators of a proposed coal-fired power plant in Virginia are planning to use a state-of-the-art system to control its emissions, in compliance with air pollution laws. But in an unusual twist, an environmental group warns that it will challenge permits for the plant-not for polluting the air, but because the plant’s emissions will contribute to water pollution when they fall back to Earth. The Chesapeake Bay Foundation contends that the power plant, proposed for construction in Surry County by Old Dominion Electric Cooperative, would violate the law because its emissions would contribute mercury to nearby waterways, many of which are listed as “impaired” by state and federal agencies because of mercury concentrations.
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STATE & FEDERAL ENVIRONMENTAL LEGISLATION

Boxer Pushes Ahead With Climate Markup Tomorrow; GOP Still Plans to Boycott. — Darren Samuelsohn, Climatewire in The New York Times, November 2, 2009
Full-blown partisan warfare is expected tomorrow when Democrats try to begin a markup of global warming legislation in the Senate Environment and Public Works Committee despite plans by the panel’s seven Republicans to skip the meeting altogether. Chairwoman Barbara Boxer (D-Calif.) plans to proceed under a rarely used interpretation of the committee’s rules that allows her to start and finish the markup so long as a majority of the panel’s members are present, rather than longstanding precedent requiring two minority members to be in attendance, according to sources on and off Capitol Hill.
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Cap-and-trade mirage. — Laurie Williams and Allan Zabel, The Washington Post, October 31, 2009
Supporters of the climate bill passed by the House and the similar bill under consideration in the Senate — including President Obama and Democratic congressional leaders — say that the cap-and-trade approach would guarantee greenhouse-gas reductions. But this claim ignores the flaws inherent in both bills that would undermine even their weak emissions-reduction targets and would lock in climate degradation.
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E.P.A. Lawyers Challenge ‘Cap and Trade’ for Climate. — Andrew C. Revkin, The New York Times, November 2, 2009
When an economist at the Environmental Protection Agency rejected the Obama administration’s stance on global warming by  writing an unsolicited report challenging the scientific consensus on greenhouse dangers, groups fighting restrictions on greenhouse gases hailed him as  a courageous maverick. Climate campaigners said he was  irrelevant and ill informed. Now two more functionaries at the agency — Laurie Williams and Allan Zabel, who are lawyers and a married couple — have sharply criticized the core element of climate legislation pushed by Democratic lawmakers and President Obama.
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Chairman Boxer Responds to GOP Ranking Members on Mark-up: Offers EPA Briefing on Economic Analysis and Additional Time for Amendments. — U.S. Committee on Environment and Public Works News Release, November 2, 2009
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, today responded to a letter from six Ranking Members of Senate Committees regarding analysis of S. 1733, the Clean Energy Jobs and American Power Act.
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Will Boxer, Pelosi, and Waxman Pre-empt Their Own State? . — Mike Sandler, The Huffington Post, November 3, 2009
The climate change bill currently being debated by California Senator Barbara Boxer’s Environment and Public Works Committee pre-empts California’s ability to set a tighter cap on greenhouse gas emissions. Considering the clout of the Golden State on climate in D.C., why have Senator Boxer, Speaker Pelosi, and Rep. Waxman traded away their own state’s special status that has been enshrined in the Clean Air Act for over 30 years?
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US Chamber Supports Kerry-Graham Climate Proposal Principles . — Ian Talley, Dow Jones Newswires, November 3, 2009
The U.S. Chamber of Commerce Tuesday said it supports most of the principles outlined in a bipartisan  climate change proposal offered by Sens. John Kerry, (D., Mass.) and Lindsey Graham, (R., N.C.) and the organization is open to considering a federal cap on emissions as one possible legislative solution. The comments, made in a letter to Senators currently considering climate change legislation in the Environment and Public Works Committee, comes after several high-profile departures from the Chamber.
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Senate Panel Approves Climate Change Bill Despite GOP Boycott. — Kris Alingod, All Headline News, November 5, 2009
The Senate Environment and Public Works Committee reported out a climate change bill on Thursday despite a boycott by Republican members, who had required a complete analysis of the measure before participating in the committee debate. The bill crafted by Chair Barbara Boxer (D-CA) and Sen. John Kerry (D-MA) passed by a vote of 11-1, with none of the seven Republicans in the committee voting. The sole lawmaker who cast a “nay” was Sen. Max Baucus (D-MT), a moderate Democrat who wants a lower carbon reduction target that can gain enough votes on the full Senate floor.
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Other Articles about the Same Topic:

Voinovich joins Senate panel’s climate-change markup under protest. — Nick Snow, Oil & Gas Journal, November 4, 2009
As other Republicans boycotted the US Senate Environment and Public Works Committee’s markup of global climate-change legislation on Nov. 3, George V. Voinovich (Ohio) showed up to work with what he said was still incomplete information. “I agree with you that climate change and how our nation addresses it is of incredible importance,” he told Barbara Boxer (D-Calif.), the committee’s chairwoman, in his opening statement. “But, in my 44 years in public service, I have learned that tackling significant problems requires the best information available and the most rigorous analysis from unbiased sources. I don’t recall ever finding meaningful solutions with incomplete information and partisanship.”
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Boxer Statement on Committee Passage of S. 1733 – The Clean Energy Jobs and American Power Act. — U.S. Senate Committee on Environment & Public Works News Release, November 5, 2009
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, today released the following statement regarding the Committee’s approval of S. 1733, the Kerry-Boxer Clean Energy Jobs and American Power Act.  The bill passed the committee on a vote of 11-1, with all seven Republican members absent.
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Enviro Groups Face Some Tough Decisions on Path to Climate Bill. — Alex Kaplan, ClimateWire in The New York Times, November 6, 2009
For the past year, major environmental groups have framed the climate change bill as the movement’s single most significant piece of legislation in several decades — if not ever — dedicating the bulk of their political muscle and heavy financial resources to passage of the effort. But as the bill moves forward, with this summer’s historic House vote and yesterday’s Senate committee markup, some question whether in their quest to get a bill, environmentalists and their allies are far too willing to compromise on historic priorities such as offshore drilling and nuclear power.
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Center for Biological Diversity Statement on Senate Climate Bill. — Center for Biological Diversity, November 6, 2009
Capping a week in which the U.S. Senate Environment and Public Works Committee overwhelmingly passed a weak global warming bill with no Republican support, Center for Biological Diversity Executive Director Kierán Suckling issued the following statement: “It is a sad day when the lead environmental committee in the Senate passes a bill (S. 1733) that contains pollution-reduction goals far less than scientists tell us are necessary to stem global warming and avert catastrophe. It is even more distressing that this bill contains Clean Air Act exemptions that will eliminate the Environmental Protection Agency’s longstanding duty to reduce greenhouse pollutants based on scientific standards. This is not a time to cheer. The fossil-fuel industry has received what it wants and will now seek more.
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Congress moves to control all U.S. water. — Jim Kouri, Examiner.com, November 4, 2009
Civil libertarians are warning Americans about the ambitions of federal lawmakers to control all waters within the United States including those on private property, in the latest power grab by politicians in Washington, DC. According to the American Land Rights Association, the Obama Administration and Congress are attempting to pass the Clean Water Restoration Act of 2009 (S787) that would amend the 1972 Clean Water Act and replace the words “navigable waters” with “waters of the United States.”
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OTHER ENVIRONMENTAL NEWS

Great Lakes skies clearing of particulates; Chicago no longer on violator list. — Sarah Coefield, Great Lakes Echo, November 2, 2009
Great Lakes particle polluters are cleaning up their acts. The number of areas violating one particulate pollution standard has fallen from 36 to 12 in the past year, according to a recent report by the U.S. Environmental Protection Agency.Large cities like Detroit, Milwaukee, Cleveland, Pittsburgh and New York City still report problems. But Chicago is notably absent from the list of particulate polluters.
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San Antonio’s air quality passes EPA muster in 2009. — San Antonio Business Journal, November 2, 2009
The San Antonio area survived another ozone season to remain in compliance with federal air quality standards, according to the Alamo Area Council of Governments. This distinction means that San Antonio will likely maintain its status as the largest city in the United States with the cleanest air. This is despite the fact that the Environmental Protection Agency tightened its standards for ozone pollution in 2008. The 2009 ozone season officially ended Oct. 31.
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Kinnickinnic River Cleanup Means a Revitalized Milwaukee Neighborhood. — EPA News Release, November 2, 2009
U.S. Environmental Protection Agency, Wisconsin Department of Natural Resources, the City of Milwaukee and other partners have taken another step today toward protecting the Great Lakes, the Milwaukee community and the local economy. The $22 million Kinnickinnic River Legacy Act cleanup sets the course for a more navigable river, redeveloped businesses and a revitalized riverfront for the surrounding neighborhood.
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BP Texas City Refinery Formally Contests OSHA Citations. — BP News Release, October 30, 2009
BP Products North America Inc. (“BP Products”) today formally contested all of the citations, including alleged violations and proposed penalties, abatement actions and abatement dates disclosed to the company late Thursday by the Region 6 Office of the U.S. Occupational Safety and Health Administration. The majority of citations relate to a previously announced disagreement between OSHA and BP as to whether BP is in compliance with a 2005 OSHA Settlement Agreement reached after the March 2005 accident at the Texas City refinery.
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Houston may finally meet smog standard. — Matthew Tresaugue, Houston Chronicle, November 2, 2009
Houston, once considered the nation’s capital of dirty air, is on the verge of meeting federal limits for smog for the first time. If the numbers hold as the smog season draws to an end, the eight-county region will meet the limit for the lung-irritating pollutant by the narrowest of margins. The U.S. Environmental Protection Agency cautioned that the data is preliminary and will be scrutinized in the coming months. But at first blush, “the news is good,” EPA spokesman David Bary said.
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A Free Pass for Factory Farms? — Michael Markarian, Advocacy for Animals, November 3, 2009
By a vote of 267-147, the House passed a motion by Rep. Mike Simpson (R-Idaho), instructing the conference committee on the Interior Appropriations bill to keep an amendment by Rep. Tom Latham (R-Iowa) that prevents the Environmental Protection Agency from being allowed to gather any data on the contribution that animal agriculture makes to climate change. The House bill had included this Latham provision, but the Senate had rejected a similar amendment by Sen. Sam Brownback (R-Kansas), meaning the conferees from both chambers had to negotiate on whether it stayed in the final bill.
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Plants run under expired permits. — Perry Beeman and Chase Davis, Des Moines Register, November 3, 2009
Iowa lags other states in complying with clean water standards meant to better protect people, aquatic life and the rivers they use. In some communities, the federal government has been forced to step in. Some 700 sewage plants – 40 percent of all those that discharge treated wastes into streams – have operated with expired permits this year, using old standards for clean water, a Des Moines Register analysis found. Some permits haven’t been updated for 10 or more years.
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EPA, federal, state, Navajo Nation hold second summit to address uranium contamination on the Navajo Nation. — EPA News Release, November 3, 2009
Today, the U.S. Environmental Protection Agency, along with four other federal agencies, the Navajo Nation, congressional staff, academia, state, tribal and local government representatives, community members and nongovernment organizations are meeting to discuss the progress of the five-year plan to address uranium contamination on the Navajo Nation. The five-year plan, requested by the U.S. House of Representatives’ Committee on Oversight and Government Reform, is the first comprehensive strategy to address uranium-related contamination issues throughout the Navajo Nation, which spans three states and is roughly the size of West Virginia.
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Coal mines and power plant give Navajos income, controversy. — Dennis Wagner, The Arizona Republic, November 3, 2009
A green controversy fueled by coal-fired power plants is raging on America’s largest Indian reservation. On one side is Joe Shirley Jr., president of the Navajo Nation, who rejects the notion of climate change even though he recently won an international award for environmentalism. On the other are environmentalists opposed to power plants in Indian Country and to the coal mines that provide their fuel. Caught in the middle are tribal members concerned with economic survival and the protection of sacred lands. The dispute centers on fundamental questions of religion and heritage, as well as tribal finances.
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CEO: Utilities must join climate-change debate. — The Associated Press, November 5, 2009
The chief executive of a North Dakota-based electric power cooperative says utilities must be engaged in the climate-change debate and use their unified voice. Basin Electric Power Cooperative CEO Ron Harper says utilities can help develop a comprehensive plan that addresses climate change, encourages technology development and gives utilities time to develop that technology. His comments came Wednesday during Basin Electric’s annual meeting.
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Planned coal-to-gas plant clears another hurdle. — Tesa Culli, Mt. Vernon Register-News, November 2, 2009
The Illinois Environmental Protection Agency has issued a construction permit for the Power Holdings synthetic natural gas plant which is to be constructed on Tomahawk Lane. “We believe the Agency has done a good job issuing a permit in compliance with the law and in addressing public concerns,” said Joe Darguzas, vice president of Power Holdings of Illinois, LLC. “The permit is a significant milestone for us, but it is just one milestone. There is still a lot to be done.”
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America’s Most Toxic Cities. — Francesca Levy, Forbes, November 6, 2009
An urban skyline dotted with puffing smokestacks isn’t the only measure of a city’s cleanliness (or lack thereof). Most major cities suffer from a range of unseen hazards. Contaminants can seep into the ground from bygone chemical spills or shuttered steel mills. Invisible leaks at industrial complexes discharge harmful substances into the air, or the normal course of business requires factories to expel toxins that eventually find their way to the water supply.
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Other Articles on the Same Topic:

Forbes rates Atlanta ‘most toxic city’ in U.S. . — The Atlanta Journal-Constitution, November 4, 2009
Forbes said its calculations included the “number of facilities that reported releasing toxins into the environment, the total pounds of certain toxic chemicals released into the air, water and earth, the days per year that air pollution was above healthy levels, and the total number of Superfund sites.” The Superfund category refers to areas targeted by the federal government for clean-up priority due to high levels of toxicity. Forbes said that the city of Atlanta isn’t solely to blame for its pollution. It cited suburban cities such as Sandy Springs and Marietta as major contributors to the area’s toxicity. Both towns, it said, contain chemical plants, metal coaters and concrete factories. Environmental advocates blamed weak regulations for Atlanta’s problems.
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Detroit ranked second most polluted U.S. city. — Eartha Jane Melzer, The Michigan Messenger, November 5, 2009
With 66 Superfund sites, 281 facilities releasing toxic chemicals and 42,051 lbs. of toxic chemicals released each year, the Detroit-Warren-Livonia metro area was ranked the second most polluted city in the country by Forbes magazine, but some believe the methodology used by the magazine does not produce a realistic picture of environmental health hazards. Detroit ranked second most polluted U.S. city
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Coal, Rahall Caught in Political Vice. — Dan Page, WTRF.com, November 5, 2009
Political pundits tell us elections have consequences. Do they ever. West Virginia, a traditionally loyal Democratic state, is getting a new and dismaying look at Democratic politics from party leaders whose America never gets its hands dirty. Mine coal? Burn coal? Make things? American working people used to do all of that. But now our nation’s Democratic leadership is walking away from our tradition of creating the wealth that invigorates the middle class in exchange for a mystical belief that the change promised in 2008 will lead us to a better future.
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Secretary Salazar: “Time has come for a clean energy future.” — Osha Davidson, The Energy Collective, November 4, 2009
With all eco-eyes focused on the action (or, more properly, inaction) on a climate bill, other critical components of a clean energy economy can be overlooked. That was the case on Monday as the dominant news story concerned speculation about whether Republican members of the Senate Committee on Energy and Public Works would show up for Tuesday’s climate bill markup session (they didn’t). While that tragicomedy played out, a forum at the old Eisenhower Executive Office Building adjacent to the White House went largely unnoticed. The “Clean Energy Economy Forum” was hosted by the Department of the Interior, which manages one-fifth of all land in the nation (and 1.7 billion acres on the outer continental shelf). Given the shear immensity of these lands, DOI policies play an enormous role in GHG emissions and in shaping what our nation’s energy future will look like.
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US Chamber Backs Most Of Kerry-Graham Climate Proposal. — Ian Talley, Dow Jones Newswires, November 3, 2009
The U.S. Chamber of Commerce Tuesday said it supports most of the principles outlined in a bipartisan climate change proposal offered by Sens. John Kerry, (D., Mass.) and Lindsey Graham, (R., N.C.) and the organization is open to considering a federal cap on emissions as one possible legislative solution. The comments, made in a letter to senators currently considering climate change legislation in the Environment and Public Works Committee, comes after several high-profile departures by members from the Chamber.
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Pollutants, Pebble preparation threaten fish populations. — Laine Welch, Capital City Weekly, November 4, 2009
Fish and shellfish will soon get more protection from mercury and other toxins in the atmosphere that end up in US waters. The Environmental Protection Agency (EPA) announced last week that, for the first time, it is putting the brakes on fossil fuel emissions from U.S. power plants. About half of the carbon dioxide produced by burning fossil fuels is absorbed by the oceans and the resulting off kilter chemistry is beginning to wreak havoc on sea creatures.
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Rules on Modified Corn Skirted, Study Says. — Andrew Pollack, The New York Times, November 5, 2009
As many as 25 percent of the American farmers growing genetically engineered corn are no longer complying with federal rules intended to maintain the resistance of the crops to damage from insects, according to a report Thursday from an advocacy group. The increase in farmers skirting the rules, from fewer than 10 percent a few years ago, raises the risk that insects will develop resistance to the toxins in the corn that are meant to kill them, the report says. And it raises questions about whether the Environmental Protection Agency and the agricultural biotechnology industry are adequately enforcing the rules.
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Jeffersonville moves toward raising sewer bills. — Chris Quay, Courier-Journal, November 5, 2009
Jeffersonville residents could see their sewer bills nearly double as early as January if the City Council passes a new rate ordinance that already has cleared an initial vote. The council voted 7-0 Monday in the preliminary test. A final vote could come as early as the council’s next meeting Nov. 16. Average monthly sewer bills that now run about $24 per month could climb to $45 beginning next year if the council passes the ordinance before December.
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Our View: EPA targets poultry farmers. — Editorial, Delmarva Media Group, November 6, 2009
Cleaning up the Chesapeake Bay is a priority most everyone can agree on. Now the U.S. Environmental Protection Agency is getting involved in the effort, and that’s both good news and bad news. The good news is that the EPA is the place where the buck stops when it comes to environmental regulation; although the states are given a great deal of latitude when it comes to controlling and regulating pollution, the federal government has the authority to step in and accomplish what the states fail to achieve. And it’s now crystal clear that what Maryland and other Chesapeake watershed states have been doing are not making a dent in the bay’s health and well-being.
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University urges action in first Climate Change Symposium. — Rajiv Bhatia, North by Northwestern, November 5, 2009
A sense of urgency about the hazards of climate change echoed through the McCormick Tribune Center today, as people gathered to discuss global warming at Northwestern’s first Climate Change Symposium. With just about a month left before the global climate conference Copenhagen, Denmark, a host of speakers from various universities gathered in Evanston to discuss how factors like the carbon cycle, the fossil record, renewable energy and public policy affect the Earth’s climate.
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BLOGS

California’s Attempt at Regulating Greenhouse Gases and the Commerce Clause. — Rajiv Tata, Environmental Law & Climate Change Law Blog, November 2, 2009
California’s Heavy-Duty Greenhouse Gas Reduction Measure (GHG Measure) will affect the transportation of goods between California and other states, and will therefore impact interstate commerce. Although the federal government seems as though it will eventually regulate greenhouse gases, thereby possibly preempting state regulations like the GHG Measure, for now, the constitutionality of the GHG Measure will likely depend upon a dormant commerce clause analysis.
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A parent at school tipped me off to this link where you can give your opinion about the end of the Consent Decree to CPS (assuming somebody there is actually reading and doing anything with these comments, of course.)  Oh, do I sound bitter?  I have a major rant about CPS bureaucracy brewing within me  that I must spew forth this week.

In the meantime, you can spew forth with you opinions on the topic here.  At the very least, perhaps tell them that there’s probably a heck of a lot of CPS parents who don’t know that this has ended.  On the other hand, there was probably a lot of parents who never knew it existed!

Changes Due to Federal Court Decision
October 2, 2009

I am actually enjoying the pursuit of questions at the moment. Sound odd? Should I not be pursuing answers? As Pattsi Petrie has reminded me, I do not even know what kind of questions I should be asking at the moment.

So here are some of them:

• Why exactly did the Supreme Court declare the previous racially-based kindergarten lottery unconstitutional?
• What exactly are the institutional arrangements and contemporary individual actions that maintain a residentially segregated society (from Dr. Alves book)?
• Are all magnet programs (and magnet schools) open to the Controlled Choice program? What are the details?
• Why are schools like Barkstall and Bottenfield drastically chosen more often than Garden Hills and Washington?
• What is being done to make underchosen schools more attractive?
• Where can I locate a fuller set of statistics; for instance, broken down by ethnicity, determining factors like siblings, proximity, etc?
• How many 2nd and 3rd Choice Applicant were there (2009)?
• Where did the Unassigned students go?
• What happens to unallocated seats? (Garden Hills has a whopping 42 + 4!)

On my journey to find more questions and even some answers, I have kicked into high gear:

• Submitted an FOIA for the numbers from the 2009 kindergarten lottery
• Received said numbers, which spawned a few more questions and a phone call into Ms. Sandra Duckworth
• Submitted a request for a 2002 publication entitled “Student Diversity, Choice, and School Improvement” by Dr. Charles Willie, Ralph Edwards and Dr. Michael Alves (requested from I-Share)
• Received said book a couple days later, started reading, taking notes, asking more questions (see 2nd bullet in first list)
• Reached out to the local Family Information Center, spoke with Michelle and Ms. Hattie Paulk, both of which were very helpful and encouraging
• Submitted questions to the Unit 4 Administration and School Board; questions about what steps are being taken to improve under-chosen schools and the make-up of the Education Equity Excellence (EEE) Committee, of which I have some serious concerns. Questions are still outstanding.
• Came to the realization that as a middle-upper class white American, I am quite privileged, and that I am quite selfish and find it hard to grapple with giving up privilege so that others may be enriched. Have been challenged by Dr. Willie and Dr. Alves in this regard, that their purpose is to enhance the community as a whole, via both equity and excellence, not at the exclusion of one or the other.
• Propagating this idea on IlliniPundit and within my church; how are we in Champaign-Urbana going to deal with this?
• Came across a few links that talk about why and how Seattle overturned race as a deciding factor in Controlled Choice (1, 2, 3)
• Found an article that analyzes Controlled Choice; within, I also found a point that does not agree with the work of Dr. Willie and Dr. Alves, even though the author quotes them in his work.  The point I highlight is that Dr. Harris relates schools to the market, whereas Dr. Willie et al clearly make the distinction that schools are not like the market at all. My favorite quote so far is “In the economic system, there may be unworthy buyers who are unwilling to pay the asking price. But in education, there are no unworthy seekers of knowledge.”
• Contacted Mr. Phillip Van Ness and Margie Skirvin about the history of the Consent Decree; set up a meeting to chat with Margie on Friday at 10:am
• Also contacted Susan Zola about more history on the Consent Decree and Champaign’s relationship with Dr. Alves
• Had a wonderful talk with Ms. Sandra Duckworth; she was extremely wonderful and a delight to talk with, being very pragmatic artfully combined with a listening ear and a desire to place herself in my shoes. She explained many things about Unit 4’s relationship with Dr. Alves, explained the numbers from the kindergarten lottery a bit. I am hoping she is able to forward a request on my behalf to Dr. Alves for a meeting. Ms. Duckworth and Beth Shepperd are also looking into the possibility of getting those numbers made public so one does not have to file an FOIA.
• Ran across Chip Bruce’s blog while looking for wordpress sites about Champaign Consent Decree.

In my last post, I failed to mention not only the date for the “Special Community Meeting”, but also the source for that reference. I found it at the Family Information Center (linky), and the full announcement is:

Special Community Meeting
- Jan 13, 7 p.m., Mellon Administrative Center, 703 S. New St., Champaign. Special Community Meeting with Michael Alves, the District’s consultant on the Schools of Choice process.

Ahh… now I am exhausted. =)

A 25-year-old lawsuit against the state challenging the adequacy of Baltimore’s foster care system may end soon after a new consent decree was created by the lawsuit’s parties. Maryland Legal Aid originated the lawsuit, L.J. v. Massinga, in 1984, but had to drop out in the mid-90s after Congress prohibited legal services programs from participating in class-action lawsuits.

“While the old decree dealt in very broad generalities, as it was the first of its generation in [foster care-related] consent decrees, really a pioneer, this consent decree is very specific and follows the type of approach that’s been used successfully in other jurisdictions that have seen dramatic progress in the child-welfare system,” Venable LLP lawyer Mitchell Y. Mirviss, who worked for Legal Aid after the case was filed  and continues to represent the children pro bono, told The Daily Record.

Joan Little, chief attorney of Legal Aid’s Child Advocacy Unit in Baltimore, praised the new consent decree, saying the new administration has so far displayed “a lot of energy and vigor.”

“Maybe Maryland can really be on the forefront of child welfare, which is where it belongs,” Little told The Daily Record.

To read the article, click here.

In reference to the News Gazette article: http://news-gazette.com/news/local/2009/02/21/plaintiffs_request_extension_of_champaign_schools_consent_decree

I have to admit I am getting rather annoyed of this. I have attempted to contact the plaintiff class and talk about their perspective, but have met a brick wall. How is it that they were blindsided by the “economic status” system, and yet I was not? And how is it that the plaintiff class is given free reign to continue making the situation worse, rather than working together? In my attempt to contact them, one of my questions revolves around what they have done to help our community, for I am not seeing the big picture. I do see some small things that are better as a result of attention to racial injustices, but I do not credit the Chicago law firm for that – kudos go to local activist and residents for that. I am extremely confused. Oh, wait, sorry. Instead of saying “the Plaintiff Class,” I wish to target my comments to Ms. Carol Ashley directly. What is wrong with this picture?

Well, I am going to fire off a few emails and I’ll be back.

In a strange turn of events, the US Court in Peoria shot down an attempt by a school district to change the way the kindergarten lottery works. Keep in mind that the Supreme Court ruled the current lottery system unconstitutional. The motion was denied without prejudice based on the fact that no parties want to extend the Consent Decree, thus, in the Judge’s eyes, there is no reason to modify the school assignment system which is set to expire on June 30, 2009.

And of course, this raises a few questions. Since the Consent Decree is set to expire in June, which is after the Fall assignments, the current lottery system will have to be used for Fall 2009. The current unconstitutional lottery. And what happens in Spring 2010? Nobody knows.

Is it just me, or is there something wrong with this picture?

This month, there will be a hearing (a real hearing, in a Federal courtroom!) to consider the Consent Decree, which is the ruling from back in the 80’s that required the CPS Magnet and Gifted/Classical schools to include a certain level of minority students.

My understanding is that these school can take a maximum of about 35% white students and the rest are minority students (not balanced within that group by any race, background, etc.)  If you’re a white parent on the northside who is entering the lottery, that might sounds like tough odds.  And it is.  But you might also be surprised to know that only around 10% of CPS students are white.  So in reality, the 35% of slots is very generous.  And by the way, if you’re curious, nobody every checks what a child’s “true” background/heritage/etc is.  You are supposed to indicate how the child identifies, but of course that is a muddy area and it certainly is tempting to go into the 65% pool if you can.   Each Magnet/Gifted/Classical school actually has 2 lotteries, one for the whities and one for the minorities (actually the majorities.)

So somebody, somewhere decided recently that it might be time to create a level playing field in the city and put an end to the race requirement.  And I can’t help but wonder who it was that felt that minority kids in this city are getting as much out of their education as white kids are.   Test scores among African American students are much lower than Caucasion kids (although Asian kids are kicking everyone’s asses.)  Schools in some of the lower-income neighborhoods are in a state of squalor from what I understand, and there isn’t a fundraising or tax base from which to get the extras that other schools are putting into place.  The rate of drop-outs among minority students is much worse as well.

Also, as a matter of principal, Chicago is hideously segregated by race – as was reported recently in the Tribune.  Yet some of the bright spots in the city are the schools that balance on race.  I swear when I toured Hawthorne and Stone each class had a perfect balance of white/black/hispanic/asian/other kids.  It’s like exactly what I envisioned when I pictured an urban school.  (Yes, of course I was counting white boys to see what our odds were.)

So really, I cannot for the life of me fathom how someone could say “desegretion – yeah, it worked! Done!”  I don’t get it.  I HAVE heard that if the ruling is overturned, some schools (or all?) would still honor the decree.  But then again, the lottery is handled by CPS, not the schools so I don’t know how they could work around it.

The hearing is January 22nd.  Members of the public were invited to speak if they submitted their comments last month.  Should be interesting to see what happens.

http://www.cps.edu/Pages/MagnetSchoolsConsentDecree.aspx

Crystal and I were discussing my Dec 1st post, and I wanted to post my responses to her questions in the off-chance that others might appreciate the extra information.

Q:About how many people came to the meeting? Was it a different crowd from the last time?
A:8 people total, including the host (Sky Sanborn) and myself. Very different crowd. As I mentioned in the blog, no one had a child in Unit 4, and I feel that had a direct influence on the discussion.

Q:This seems to be a popular issue Savoy residents have. Do you mind telling me who are the Johnsons are? Do you have contact information for them? I will have to check up and see how much Unit 4 spends on busing. I think that was one of your questions as well.
A:The Johnsons live nearby both of us, and were represented at the first meeting. In fact, that is where I learned about the hour-long bus rides. I will ask if I can share their contact information.

Q:I’m not sure if I understand…isn’t Prairie Meadows the subdivision on the other side of Church Street? Do you mean an additional sales tax hike? Do you have names or contact information of people who seemed to be in favor or not in favor of this?
A:Doh, I am an idiot. What is the subdivision that would be on West Tomaras? In regards to the Sales Tax, no I meant the one that will most likely be on the spring ballot – the same one we just voted on in November. I will ask if folks mind giving out the names in terms of favoring the tax. I myself am still undecided, despite how I voted in November. *grin*

Q:Did you guys come up with any answers for some of these questions? Was there leaning either which way?
A:No specific answers yet, but definitely some leanings. There was a strong desire to get a school in Prairie Fields (do to the land being donated and sitting idle) the quickest way possible. Those particular questions were along the lines of brainstorming – how to get a school ASAP? If the law can be changed, that opens up the door to other possibilities. As a side note, my personal feeling remains that the fastest and most cost-effective path to a Prairie Fields school is to pass the Sales Tax, whenever the next opportunity arises.

Q:Do you mean using a sales tax to help build a private school (which probably could not happen in a legal sense) or school district? Or do you mean those two items were separately talked about? How would you like to see a sales tax used to fund Unit 4? Where do you think this angst for Unit 4 came from?
A:It is possible “angst” is too strong a word; I would ask that you not print that. =) I never thought about the Sales Tax outside of Unit 4, so that was not my intent when I wrote that blurb about the sales tax. I agree, I do not see how it would help a private school by any means, and for all practical purposes, the Sales Tax will pass long before Savoy forms its own district (personally, the chances of us forming our own district seem to waver between extremely thing and none). How would I like to see the tax used? My voice carries absolutely no weight on that matter; the school board has already dictated where the money will go. If I had my druthers, I would like to see significantly more cooperation between all entities involved; groups that stood to gain were strongly in favor, groups that would not gain were opposed, and only one group had an even slightly cogent and balanced approach (the Chamber of Commerce). And lastly, where did the “bad feelings” come from? I am the wrong person to ask; I will answer to the best of my ability. Most likely, my perception is that there is a general frustration among parents who bought homes with the elusive carrot being waved by Realtors – “Move to Prairie Fields and watch a school spring up in your midst”. I know my Realtor mentioned that, which is why I have involved myself on this mission to find information. =) But back to the point – I heard a number of folks say that they were told there would be a school. And we have no school. Instead, we have many buses and our children all go to different schools.

Q:Do you mean pass the sales tax in the same sentiment that was talked about in the Nov. 4 election? You remain uncomfortable with the idea, could you elaborate on your own personal concerns? Is what you’re saying that even with a Proximity A choice for Savoy residents, which would mean Savoy residents would have an 80 percent chance of getting into the Prox. A school, you do not like this system? What do you mean by “atmosphere” of the Consent Decree?
A:The same sentiment? My own sentiment? =) Not quite sure what you meant by that. I am quite torn about the Tax because there are many good and bad things. On the good side, I really like how it will offset property taxes for a short time (5, 7 years?); I like how it will be used to pay off bond debt; I like how it will be used improve infrastructure; I like how it cannot be used for salaries and other items outside Capital Improvement; I like that it will eventually be used for a school in Savoy. I both like and dislike the lack of a sunset-clause; I straddle the fence because on the one hand it allows the school district to have more freedom in pursuing costs associated with buildings without havig to depend on referendums, and this community has shown in the past few years that it will vote down any such referendums. On the other hand, I dislike it for the same reason; the community should have some power and ownership over what the school board does. I think one of the issues with our (Champaign) community is that we do not have that sense of ownership, thus there is a lot of divisiveness, finger pointing and general lack of interest. I am starting to think that perhaps the Sales Tax is a lesser evil than no Sales Tax. I just wish that the districts would make it more palatable, perhaps drop it to half a percent instead of the full one percent.
Note that I did not say anything about how I feel about the school system or “schools of controlled choice”. At least, I do not believe I did, even after looking at what I wrote. =) Some of the parents who attended the Dec 1st meeting mentioned that even if we do get a school in Savoy, the Controlled Choice program may require that some of our students go to a different school. I think the clear implication is “That is not fair.” I look forward to learning how Greg Novak’s “Socio-Economic Status” metric is going to work for the Controlled Choice lottery.
The “atmosphere” of the Consent Decree. Basically, my observation is that a lot of people are really fed up with it. I also observe that a lot of these people are white (some I have heard from on IlliniPundit, so I am not sure of their ethnic background, but those folks I do know make up the majority). I have talked to African Americans and they are not fed up with it. Why is that? Why did African American pastors urge their congregations to vote down the 2006 Referendum when the “north school” would have gone to Boulder Ridge? There is a lot of distrust on both sides of the fence. In fact, the Honorable Judge McDade gave both parties a minor wrist slapping for not working better with each other. Imani Bazzel has tried hard to work with Unit 4 (the “Great Campus” initiative), but the idea hit a brick wall with the previous school board. Melodye Rosales has tried to get both sides to see that Hispanics are really loosing out on the current Consent Decree (they are counted as “non African American”, or “Non Afr Am” in the documentation). In my own efforts to learn more about the Plaintiff party, I have been completely unable to make contact with Carol Ashley or her law firm, and there are no local spokespeople; I would have love to have talked to Tracy Parsons, but he is person-non-grata right now. Something is definitely awry.

Q:Are there any specific current expenses that you think are not worthwhile? Or is this something you are saying needs to be done?
A:I do not have any numbers yet; I have not had the time to dig into this particular avenue. A couple folks at the Dec 1st meeting were contractors and stated that the “prevailing wage” used by local unions is standard across the whole state when dealing with state-funded entities, and they led me to believe that attempting to get the prevailing wage lowered would be impossible. Gene Logas (Unit 4 CFO) has been taking a hard look at the Unit 4 budget and has been working to trim it down; he is a very smart fellow, and I would love to talk more with him about his efforts.

Q:Does this mean developing action on your ideas?
A:Yes. Can I leave it at that? *grin*

We had another good turnout on Dec 1st; an interesting demographic about this crowd is that we all either had children under the age of 5, or one on the way. And it reflected in how the discussion went.

One of the attendees, an officer, has toured most of the schools during the past year. His observation is that some schools have much more “curb appeal” (my words, not his) than others. In particular, BT Washington and Doc Howard did not score well; staff not as friendly, rooms not as well supplied, etc.

Another brought up the point that busing is a big issue with Unit 4, and many people agreed. He mentioned the Johnsons and their story of seeing ~10 buses go through the area and how one (or more?) of their children is on the bus for about an hour each way. Busing is expensive and just crazy.

There was some discussion about a possible pedestrian bridge over Route 45 to help those in Prairie Meadows to get to a potential Prairie Fields school. I also got the impression that everyone was in favor of the Sales Tax, although most folks did not come right out and say that. Some seemed to be willing to work on getting Prairie Fields residents in favor of the tax.

Some questions that came up:

• Would it be possible and/or desirable to build a private school on the lot in Prairie Fields?
• Can the law that says Savoy cannot be its own district be changed? How?
• And the biggie of the night, “What do we do now?”

Since there were no school children represented, there was more discussion about what it takes to pull out of Unit 4, and about the finer points of the Sales Tax. Even though I mentioned some of the observations from the Nov 17 meeting, I am still a bit surprised that there is a seemingly higher level of frustration and/or angst about Unit 4. Maybe I am reading too much into it. Maybe not.

I think the “what do we do now” question is getting to be critical. We have had a few discussions, and parents want to know what steps they can take to get a school in Savoy. I still think the fastest way to do that is to pass the Sales Tax, although personally I am uncomfortable with it. The controlled schools of choice is still going to be a big problem, especially if residents are forced to send children to a different school. So perhaps understanding and addressing the “atmosphere” of the Consent Decree (even if it does terminate June 30, 2009) is going to be paramount. Maybe.

But getting back to the question at hand. I believe talking to our representatives on two different topics is probably worthwhile. First, Chapin Rose’s direction of getting better funding from the State is critical. Secondly, following Shane Cultra’s lead, I think it is important to take a hard look at our current expenses and decide if they are really worth it or not.

I think we also need better community involvement; we in the community need to own the issues surrounding Unit 4, instead of expecting some magic bullet (aka, Sales Tax, Consent Decree, what have you) to fix everything up. A number of people have tossed in the towel and gone to a different school district – that is a choice each individual has to make, and I am no position to judge. One of my biggest personal issues with moving away is the fact that Champaign is relatively very diverse, and I believe in that diversity very much. Personally, I have not seen any issues that are insurmountable; vast, difficult, mind-boggling, yes, but not impossible.

One of my “take away” items is to figure out what exactly folks can be doing, if so inclined. For instance, instead of a nebulous, vague suggestion of “talk to your representatives”, what exactly should one say? Is letter writing practical and if so, what should one write?

I still would like to have a larger community meeting. January might be too soon, but perhaps February. We will see.

[note: this is also posted on IlliniPundit]

I am looking at the Champaign Demographic Study, and am very confused why the 2006 Tax Referendum was so strongly opposed by the Consent Decree Plaintiff Class and (rumor has it) black churches in general. I am very curious if some of the decisions that were made at that point in time were merely lacking in hard numbers, like those provided by the Demographic Study. If I understand the arguments correctly, the Plaintiff Class opposed a Boulder Ridge school because they felt like it did not address the spirit of the Consent Decree, while it did adhere to the letter of the Consent Decree. I understand that there were some 11th hour negotiations and things were happening very quickly right up until the time of the election. But in retrospect, I am curious.

The Facts

Page 34 of the Study shows that the black population has increased significantly in “Planning Area 3″, which covers Boulder Ridge all the way to Springfield and Mattis. Granted, populations for all races have grown significantly in the Boulder Ridge area as families move in. A similar story is true for “Planning Area 7″, directly south of “Area 3″, stretching from Springfield to Windsor Road.

Page 35 shows that the Hispanic population has increased across the board north of University, and also in “Planning Area 7″.

I might be able to understand some of the reasoning if the focus was on socio-economic status; while I have no hard evidence on hand, it seems quite reasonable that the average income per household for the Boulder Ridge area is higher than the same for households farther east along Bradley (between Prospect and Lincoln, for example).

Another confusing point is that the Demographic Study clearly shows that Hispanic populations are growing rather quickly as well. But my understanding of the Consent Decree is that this group is aggregated into the “non-black” group. Along with Asians. If this is a correct understanding, it would be extremely difficult to plan effectively through the lens of the Consent Decree (if we dare call it a lens at all).

Please note that it is not my intent to trash the Plaintiff class. I have not used any inflammatory language, nor is it my objective to point an accusatory finger. I fully believe that Consent Decree came about in the first place because of horrible inequities, and there is, no doubt, lingering traces of that. I am merely confused and would like answers. I have attempted to contact Carol Ashley without success, as well as Tracy Parsons. Who else can I talk to?

To clarify why I even posted this note, I very much want to understand how Unit 4 can best serve all students. Not just white, black, Hispanic, Asian or “other”. Not just poor, middle-class, or filthy rich. The path to answering that question will inevitably cross several bridges, the first being “what are the needs of all students in the school district?” And “where are the most severe unmet needs?”

The Demographic Study, much like the Center for Tax & Budget Accountability, is an example of some excellent statistical analysis. But where are the action items? Where are the answers for questions like “so what” and “now what”? If there were another referedum just like the 2006 one tomorrow, would the Plaintiff Class agree?

Marchers from San Julian Park in the heart of skid row were greeted with thunderous cheers as they joined residents and friends from organizations throughout Los Angeles gathered in an empty lot across from the LA Community Action Network storefront. The rally and protest against the LAPD’s occupation of our community had begun.
The large crowd assembled on September 25th mirrored a multi-ethnic, multi-cultural, and multi-generational Los Angeles. This kaleidoscope put to rest all of the age-old stereotypes used to keep us divided.
LA CAN member, Pam Walls opened with an unforgettable rendition of “We Shall Overcome,” while everyone locked hands held high in unity.
LA CAN member Al Sabo spoke eloquently about his experience as a resident of downtown LA and the injustices he has suffered and witnessed.
LA CAN member Pete White’ s speech ignited the crowd.
He said: “I look out at you and see a historic beauty. As our country is reeling from economic instability and uncertainty, you unselfishly are here. As the government ponders using our resources to bail out those that have sucked our communities dry, further bankrupting our communities into the foreseeable future, you are here.

“We have always been here staring adversity straight in the eye, rising to the moment, and ultimately passing the test. From the Warsaw Ghettos to the streets of Skid Row we are still here; from the migrant farm worker movement to the South Central Farmers, we are still here! From the ravages of slavery and abolition to the continued struggle for our Human Rights we are still here! From Operacion Mojado to the ICE raids of today we are still here! From interment camps to Lil Tokyo we are still here, still fighting, righting the wrongs and demanding a brighter day.

“We have gathered today to bring an end to the Safer Cities Initiative that was launched in 2006, against our community resulting in:
•    18,000 arrests in a community of approximately 13,000.

•    24,000 citations, more than 50 times greater than anywhere else in the city. Tickets given to blind and disabled residents while they are in handcuffs, and to people whose cigarette ashes fall to the ground.

•    $6 million, the minimum cost to patrol 50 squares blocks of Skid Row

•    $5.7 million, the total homeless service budget for the entire city of Los Angeles—all 469 square miles.

“This Mayor has stolen a page right from the Bush Doctrine when it comes to his War Against the Poor. Masquerading as a progressive, he is single-handedly responsible for the destruction of thousands of lives. He has stood steadfast behind an LAPD surge that parallels the occupation in Iraq. He has allowed the arrest of human rights defenders/organizers simply for attempting to document his heinous occupation—in full contradiction of who he says he is and in violation of the Universal Declaration of Human Rights. But just as the Iraq occupation has failed, so too will Villaraigosa’s domestic occupation.

 
“Remember, what’s popular is not always right, and what’s right is not always popular!
“Mr. Mayor your reign of nothing ness is just about over!”
Responding to the call of this rousing speech, we set off for City Hall marching and chanting with defiance and determination.  We took and held the intersection in front of LA City Hall sending an electric shock reverberating through our downtown neighborhood.
Those in power want us to stay divided and silent. We proved them wrong once again. We showed them a small sample of what the people are prepared to do for human and civil rights, and we let them know that we will not go silently.

The American Red Cross is no stranger to intense scrutiny from the government, private organizations and the American public. Yesterday’s New York Times article regarding the organization’s efforts to reform blood collection and distribution processes is a hard-hitting piece that is reminiscent of scrutiny after 9/11, Hurricane Katrina and Senator Grassley’s call to reform the leadership structure. (see other coverage here and here)

The organization does not deny that there are problems. There is an aggressive plan in place right now to overhaul the information system, standardize processes across 36 blood regions and instill smart and stringent practices through training the organization’s 22,000 blood employees. Leadership shows incredible focus and has ranked this as their highest priority.

After 9/11, calls from the public changed the fundamental nature of the Red Cross donation system, allowing individuals to designate the exact program to benefit from their money. After Hurricanes Katrina and Rita, disasters of unprecedented size, the organization consulted with government agencies to apply lessons from their multi-billion dollar response and is now ready for another Katrina. Grassley’s calls for reform resulted in a leaner, more effective Board of Governors. This episode will no doubt have an equally positive effect.

Some people have called for the organization to be split apart, spinning off biomedical services as a new organization. This would disassemble one of America’s greatest treasures and would, in my estimation, fail to address the root issues at stake.

The Red Cross is America’s trusted guardian, whether it comes to disaster response (serving 70,000 disasters each year), CPR and first aid classes, international services like vaccination campaigns, services to the armed forces or blood donation. The organization handles almost half of the nation’s blood supply. What’s more, the Red Cross symbol represents an international movement of humanitarians dedicated to alleviating human suffering through preparedness and response. The Red Cross is built on a proud history of over 125 years and is strong through hundreds of thousands of volunteers that donate their time, money and expertise to the organization’s mission.

Blood supplies are safer than they ever have been and continue to get safer through these calls for reform. While the issues are put in a spotlight and reforms are debated, the need for blood remains as high as ever. Consider donating today.

Mat Morgan
California

The U.S. Department of Justice lodged a proposed consent decree in United States v. John B. Knight, Jr.; Robert D. Brown; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc., Civil No. CIV-04-0626-PHX-JWS, in the United States District Court for the District of Arizona.   The Consent Decree resolves claims asserted by the United States in a complaint filed on March 30, 2004, against the settling defendants for civil penalties under the Resource Conservation and Recovery Act, 42 U.S.C. 6991-6992, for failure to conduct corrosion tests every three years; failure to report a suspected release within twenty-four hours; failure to investigate suspected releases within seven days; failure to monitor tanks every thirty days; failure to utilize a valid release detection method; failure to provide adequate release detection for piping; failure to maintain financial responsibility; and failure to respond to information request letters.  The proposed Consent Decree provides for the payment to the United States of $55,000 in civil penalties.

The pharmaceutical company Pfizer Inc. has agreed to pay a $975,000 civil penalty to resolve alleged violations of the Clean Air Act at its former manufacturing plant in Groton, Conn., the Justice Department and Environmental Protection Agency (EPA) announced on June 23rd.  The settlement is the first of its type in federal court under regulations that are designed to control the emissions of hazardous air pollutants from pharmaceutical manufacturing operations. 

The consent decree filed in U.S. District Court in Connecticut settles government claims that Pfizer violated the “National Emission Standards for Pharmaceuticals Production” and the “National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks,” (PharmaMACT regulations) under the federal Clean Air Act.  The PharmaMACT regulations impose “Maximum Achievable Control Technology” (MACT) standards, which are industry-specific measures that must be implemented to control hazardous air pollutants in order to prevent harm to human health or the environment.  
     
The alleged violations, which occurred between October 2002 and December 2005, resulted from a failure of Pfizer’s leak detection and repair (LDAR) program at its former manufacturing plant in Groton.  Under the PharmaMACT regulations, the LDAR program set forth various equipment, testing and record-keeping requirements to ensure that any leaks of air pollutants from equipment used in the manufacture of pharmaceutical products are timely detected and repaired.  The specific violations, associated with the production of bulk pharmaceutical materials, included a failure to properly conduct pressure tests to identify leaks, repair leaks before start-up, equip open-ended lines with a cap or other seal, and document leak tests to establish full compliance with the LDAR requirements.

During its production of pharmaceutical-grade chemicals, Pfizer used substances such as methanol, hydrogen chloride, methylene chloride, MTBE, hexane, toluene, and many others, which are classified by EPA as hazardous air pollutants under Section 112 of the Clean Air Act.

A proposed consent decree in United States v. Carmeuse Lime & Stone, Inc., Civil Action No. 2:08-CV-00081-WOB, was lodged with the United States District Court for the Eastern District of Kentucky.  This Consent Decree will resolve claims asserted by the United States against Carmeuse for civil penalties based on violations of its PSD/operating permit (“the Permit”) and the PSD provisions of the Kentucky State Implementation Plan (“SIP”) at Carmeuse’s Black River plant (“the Plant”) located in Butler,  Pendleton County, Kentucky. The complaint alleges that Carmeuse violated the Permit by not implementing best available control technology (“BACT”) for two lime kilns at the Plant.  The proposed Consent Decree resolves these claims by requiring Carmeuse to pay a civil penalty in the amount of $100,000 to the United States.  Because the settlement was published in the May 21, 2008 Federal Register, the Department of Justice will receive for a period of thirty days from the date of this publication comments relating to the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed topubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to United States v. Carmeuse Lime & Stone, Inc., D.J. Ref. #90-5-2-1-08832.

The consent decree may be examined at the Office of the United States Attorney for the Eastern District of Kentucky, 260 West Vine Street, Suite 300, Lexington, KY 40507-1671, and at U.S. EPA Region 4, Office of Regional Counsel, 61 Forsyth Street, Atlanta, GA 30303. During the public comment period, the consent decree may also be examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html.

A copy of the consent decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone confirmation number (202) 514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $3.00 (25 cents per page reproduction cost) payable to the U.S. Treasury.  A copy of the complaint filed against Carmeuse is at http://www.usdoj.gov/enrd/Consent_Decrees/Carmeuse/r_Carmeuse_Lime_&_Stone_ComplaintFinal.pdf

Well, first of all there is the concept of “Big Money Interest” in politics and local and national government. The Chicago Automobile Trade Association donated over $173,000.00 to campaign contributions in the last election cycle. Over $30,000.00 of that went to Governor Rod R. Blagojevich. We need to petition government to abolish this fraudulent activity that has been going on for too long.

You can find more out about this at www.vehicleedge.com – PLease sign the petition to repeal HB 1657

Here’s the ACLU website on this incredible and ugly case, involving Indian students at a school bordering the Rosebud. Here is the Indian.com coverage of the judge’s approval of the settlement.

Here are the relevant materials from the settlement in the Antoine v. Winner School District:

Antoine Complaint

Consent Decree

 From Indian Country Today:

	Click to Enlarge

Photos by Theresa Keshick — Pictured are the signatories of the commemorative signing of the 2007 Inland Consent Decree between five tribes – Little Traverse Bay Bands of Odawa Indians, Little River Band of Ottawa Indians, Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians and the Sault Ste. Marie Tribe of Chippewa Indians – and the Michigan Department of Natural Resources and the U.S. government Oct. 25. More than 100 people were present to witness the signing. (Below) Some of the signatories included Alice King Yellowbank, member of the Little Traverse Bay Bands Tribal Council; Little Traverse Bay Bands of Odawa Indians Chairman Frank Ettawageshik; and Albert Colby Jr., tribal administrator of the Little Traverse Bay Bands of Odawa Indians.

Indian Country Faces and Places welcomes your submissions. Send your high resolution photographs and a short description to photo@indiancounty.com and place ”Faces and Places” in the subject line.

From the Leelanau Enterprise:

Tribal-state consent decree signed

Attorney Bill Rastetter figured he and other representatives of the Grand Traverse Band of Ottawa and Chippewa Indians had better attend the biennial meeting of the Conservation Resource Alliance in Traverse City for a couple reasons.

First, tribal members wanted to show support for natural resources, and the CRA seeks to protect watershed in northwest Michigan.

And secondly, they wanted to hear what just-appointed Michigan United Conservation Club executive director Dennis C. Muchmore had to say about the recently released consent decree acknowledging inland rights to hunt and fish within property defined by an 1837 treaty.

Muchmore, keynote speaker at the Oct. 18 luncheon, talked of opportunities afforded by the consent decree for MUCC and other sporting groups, the state, and the tribes to work together to promote their common causes.
“It was the polar opposite of 1981,” said Rastetter.

The consent decree, the result of two years of closed negotiation between the state and five Michigan Indian Tribes, was signed this week by U.S. District Judge Richard Alan Enslen.

The decree has no ending date. For all practical purposes, it represents the law of the land in how members of the five tribes hunt and fish in Michigan.

Rastetter is a veteran of the latest round of cases involving tribal issues, having enlisted as a pro-bono attorney working for Michigan Indian Legal Services shortly after federal Judge Noel Fox issued his landmark decision in 1979 granting treaty rights for Native Americans to gill net in the Great Lakes. Eventually, he was hired by the Grand Traverse Band to represent it in complicated legal cases with the state that had long-term implications.

Rastetter recalled attending a meeting in 1981 at which former MUCC director Tom Washington, who is now deceased, and former DNR director Howard Tanner denounced the emboldened tribal commercial fishers.

“What they had to say about the Indians, it would be an understatement to say it was a tirade,” said Rastetter. In defense of Washington and Tanner, considered stalwarts of the conservation movement, they were being reflective of a society of sportsmen fearful that the resources they cherished would be plundered.

Fox’s ruling came largely without limits, and eventually lake trout populations were over-harvested. Rastetter said Indian tribes were in their infancy. Most of the harvest in Grand Traverse Bay, he said, was by Native Americans who resided in the Upper Peninsula and were not members of the GTB.

Still, the die was cast. Indian fishermen were considered bad by members of the traditional conservation movement.

Flash forward to today, with the heard of MUCC reaching out to tribes as fellow conservationists, and the state and tribes willing to negotiate away portions of their legal positions in order to reach an agreement.

Somewhere along the way, the state and tribes came to terms that they should not be enemies. In fact, they are nearing an unfamiliar relationship — that of partners.

“Our biologists are working hand-in-hand with (Traverse City DNR fish biologist) Todd Kalish on a number of projects. Clearly there is a common mission,” said Rastetter.

Also familiar with the history of the struggles of GTB members is Henry (Hank) Bailey, a fish and wildlife technician with the GTB Natural Resources Department. He has the perspective of viewing the decree from two sides — that of an Indian who may have given up some of his treaty rights, and that of a protector of resources.

“We’ve always been great managers of resources,” he said, adding that GTB members believe in planning ahead seven generations in their use of natural resources. “That’s how far you need to be looking and planning for. You have to be careful with what you’re doing with the resource.”

Bailey has heard complaints from other GTB members that tribal negotiators gave up too much to get the settlement. “There are so many ways of looking at it. But it has been negotiated, so there has been give and take … the state folks have people who they have to answer to, and they’ll take a beating.”

State conservation officer Mike Borkovich has heard from those folks, who believe the state should have taken its case to trial. He, too, offers a bit of history.

“The treaty was made even before Michigan was a state. In a way, the state wasn’t in the negotiations for the treaty,” he said.

Hunters are concerned that GTB members are allowed to firearms hunt on public lands earlier than the traditional opener on Nov. 15. Fishers are concerned that limited netting — but not gill netting — will be allowed on larger inland lakes.

“I want people to be patient,” Borkovich suggests. “The tribal members are not anti-hunting or anti-gun zealots. If we all work together with proper management techniques, we will be able to sustain our resources.”

Rastetter said the decree is the first he knows of that recognizes tribal rights without having to first go to federal court, where states have traditionally lost their cases. The document is full of give-and-take, of which some pertains directly to Leelanau County. For instance, tribal rights were extended to lands enrolled in the state Commercial Forestry Act — but only lands of 1,000 acres or more. That provision excludes all property enrolled in Leelanau.

And “state parks” were specifically excluded from public lands falling under tribal rules — meaning that the hundreds of acres in Leelanau State Park were excluded from the early tribal firearms deer hunt.

“There are comprises like these that I’m sure tribal members are not happy about,” he said. “But this sets the stage for cooperation on a wide level on inland issues.”

The final documents are here

Stipulation

Consent Decree [sans appendices]

Sixth Circuit Opinion — Denial of Motion to Intervene by Amici

From the AP: “A federal judge signed an agreement between the state of Michigan and five Indian groups on Monday giving the tribes the power to issue their own hunting and fishing licenses and write their own regulations.”U.S. District Judge Richard Enslen’s decree was the final step resolving a four-year-old lawsuit rooted in decades of debate over the meaning of tribal rights in modern times. It acknowledges the tribes’ rights under an 1836 treaty.”

From the Petoskey News Review:

“Four weeks after the various governments reached an understanding of how historic treaty rights apply to tribal members’ inland fishing and hunting activities, many of their officials and staff — about 100 people in all — gathered at the Odawa Hotel in Petoskey to commemorate the new agreement.

“Pipe and flag ceremonies and a gift exchange among governmental leaders were part of the celebration.

“It is a pretty exciting day,” said Little Traverse Bay Bands of Odawa Indians tribal chairman Frank Ettawageshik.

“While driving to Thursday’s event, Ettawageshik noted that he’d passed through some heavy fog before arriving in clearer conditions — and likened this experience to the years-long discussion and negotiation that led up to the agreement.

“Here we are back in the sunshine at the end of the clouds,” the chairman said.

Little Traverse Bay Bands of Odawa Indians tribal chairman Frank Ettawageshik signs a document commemorating a new consent decree which clarifies the hunting and fishing rights retained by five of Michigan’s Indian tribes in the Treaty of 1836. The LTBB hosted a celebration to commemorate the new agreement Thursday at its Odawa Hotel. (Ryan Bentley/News-Review)

From the Ludington Daily News: “Chris Dobyns of the Michigan Attorney General’s office explained that several legal precedents were in the tribes’ favor heading into the negotiation on inland rights. The Canons of Construction, which are long-standing legal guidelines, explain that any ambiguous language in a treaty like “until the land is needed for settlement,” should be construed liberally in favor of tribes. Court rulings against the state of Minnesota and Wisconsin have reinforced this.”

More from the Ludington Daily News: “What will most residents notice once the new tribal consent decree kicks in? Nothing different, according to Little River Band Natural Resources Commission Chair Jimmie Mitchell, who spoke to the Daily News shortly after the agreement was announced.”