• EPA Sues Idaho Transport Agency for Roadbuilding Runoff
  
• Judge Bars Salvage Timber Sale in Roadless Area
  
• Millions Pour in to Help Florida Hurricane Victims
  
• U.S.- Mexican Border Environment Focus of Upcoming Forum
  
• Alaska Wild Salmon Funded But Managers Fear Fish Farms
  
• Precious Metals Reclamation Firm Admits Fraud
  
• Maryland May Allow Bear Hunt Based on Inflated Numbers
  
• Cafeteria Steam Table Delights
  

EPA Sues Idaho Transport Agency for Roadbuilding Runoff

The case filed in U.S. District Court in Boise on Monday by the U.S. Environmental Protection Agency is the one of the largest storm water violation cases ever prosecuted by the agency.

The EPA is seeking fines that could run as high as $27,500 per day for each violation that occurred between January 31, 1997 and March 15, 2004, and $32,500 per day per violation thereafter.

The federal government is also seeking a court order requiring the state transportation agency and its contractor to come into compliance with the Clean Water Act.

Based on sample results and on rainfall and soils data, the EPA says that runoff from the road project violated state water quality standards at least 120 times, although the actual number of violations is likely much higher. EPA inspectors describe the violations of federal storm water management requirements as "among the worst ever seen at a construction site."

The Clean Water Act requires storm water runoff from construction sites to be managed through the use of erosion controls, sediment traps, and other practices. Excess sediment and other pollutants in construction site runoff can degrade local waterways and harm the environment in numerous ways.

ITD and Scarsella Brothers, Inc. violated the storm water regulations at least 50 other times during the project by failing to inspect the site properly, to maintain sediment traps, and to cover exposed ground to prevent muddy runoff, the lawsuit alleges.

"These failures have led to serious problems, including sediment basin washouts and landslides that have impacted both the construction project and the surrounding community. One landslide occurring at the site in January 2003 even led to the closure of Highway 95," the Justice Department states.

Homeowners and boaters around Mica Bay, which receives the water from Mica Creek, have complained that so much sediment from the road project has accumulated around boat launches that they are no longer useable. Citizen lawsuit notices also have been filed.

On May 9, 2002, EPA issued a Compliance Order to ITD and the Scarsella Brothers Inc., ordering them to cease all illegal discharges, yet the defendants continued to violate the order for some time after it was issued. In addition, the Idaho Department of Environmental Quality has issued notices of violation to ITD and Scarsella Brothers, Inc. for violations of state water quality standards.

"It is hard to imagine more egregious violations," said Ron Kreizenbeck, the EPA’s acting regional administrator in Seattle. "Neither ITD nor its contractor can claim ignorance of storm water management requirements. Citizens have complained, all levels of government have complained, and penalties have been assessed. Let’s hope today’s enforcement action gets the attention of ITD, Scarsella Brothers, and others who fail to comply with the law."

In 1995, the ITD was sued by a citizens group and the U.S. Army Corps of Engineers for dumping sediments into wetlands near Sand Creek. ITD agreed to pay $200,000 for environmental improvements to settle the lawsuit.

Judge Bars Salvage Timber Sale in Roadless Area

Judge Morrison England, Jr., a President George W. Bush appointee, Friday invalidated a timber sale in a national forest roadless area west of Lake Tahoe. He agreed with plaintiff environmental groups that the logging operation would increase, not diminsh, the risk of wildfire and would harm the area's wildlife.

The Bush administration proposed the Red Star sale in Duncan Canyon, which contains one of the two largest unfragmented groves of old growth forest in the Tahoe National Forest.

The timber sale was proposed for an area that was burned in the Star Fire three years ago. The Forest Service had proposed to use helicopters to remove trees.

The Sierra Club and the John Muir Project filed the lawsuit on behalf of themselves as well as the Sierra Nevada Forest Protection Campaign, Sierra Foothills Audubon, the Forest Issues Group, the Center for Biological Diversity and a citizen plaintiff named James Woods.

After handing down a preliminary injunction and deliberating for 13 months, Judge England concluded, "To the extent that Defendants have demonstrated that implementation of the Red Star Project may increase likelihood of severe fire, such an increased risk is clearly not in the public interest."

The judge wrote, "Even the Forest Service's own studies indicate that over thirty to forty tons of small diameter fuel on the forest floor create 'extreme fire hazard' as well as extreme resistance to control once a fire actually starts. By Defendants' own estimate, as much as 85 tons of flammable surface fuel, or more than twice that amount, will be present after the logging proposed by the Red Star Project has been completed."

It has been demonstrated that the Red Star Project's environmental impact statement violates federal law "by failing to take the requisite 'hard look' at scientific opinion contrary to the logging methods being proposed," England wrote in his order.

That is enough to satisfy the "irreparable harm" showing necessary for an injunction, he ruled.

The impact on wildlife the area was not adequately considered, the judge ruled, writing that the timber sale could "damage critical habitat for certain [species] whose population, in the absence of proper monitoring, remains unknown."

Nearly all other mid-Sierra forests in this 5,000 to 7,000 foot elevation range have been logged over the last 150 years. California Senator Barbara Boxer has proposed permanent protection for Duncan Canyon on the basis of its extraordinary wilderness characteristics.

"Because any potential wilderness suitability would be destroyed by logging, that represents another reason why the balance of hardships militates against allowing logging to proceed," Judge England wrote.

"This case is a disturbing example of how the Bush administration’s close industry ties seriously cloud its judgment and put people in harm’s way," said Aaron Isherwood, Sierra Club attorney. "It’s unconscionable that the Bush administration is claiming to help communities while actually putting them at risk."

The Forest Service said the decision was delayed so long that the timber had lost much of its salvage value.

Millions Pour in to Help Florida Hurricane Victims

To make credit card donations, call 1-800-FL-HELP-1. For more information on the Hurricane Charley Disaster Relief effort, visit www.myflorida.com.

U.S.- Mexican Border Environment Focus of Upcoming Forum

The EPA team at Ciudad Juarez will be led by Richard Greene, regional administrator of the U.S. Environmental Protection Agency's (EPA) Region 6 division, which covers Texas, and New Mexico.

An EPA official in Washington said the conference will be held as part of the Border 2012 initiative, which is designed to protect the environment and public health on the U.S.-Mexico border, consistent with the principles of sustainable development.

The EPA and Mexico's Secretariat of Environment and Natural Resources announced the Border 2012 program in 2002, in partnership with the U.S. Department of Health and Human Services and the Mexican Secretariat of Health.

The forum will launch an initiative in Mexico on a tire derived fuel project to convert millions of used tires from automobiles and trucks, lying in piles in the border region, into fuel.

The EPA says population growth and steady demand in Mexico for used U.S. tires have left piles of waste tires along the border. Thousands of tires are piled in and around many of Mexico's border towns, while in large cities like Ciudad Juarez, piles may have millions of tires, the EPA estimates.

Fires can start in large stockpiles of waste tires, and emit clouds of hazardous air pollution. Tire piles are also breeding rounds for disease carrying mosquitoes, resulting in cases of dengue fever and West Nile Virus. Open tire fires can cause irritation of the skin, eyes, and mucous membranes, and can cause cancer, the agency said.

The forum also will launch a pilot project in Mexico to recycle tire wastes for road paving, using asphalt improved with tire rubber.

Forum participants will look for ways to dispose of solid waste on the U.S.-Mexico border, including energy generation. They will review current legislation on final disposal of used cars in the states of Texas and California and in the Mexican states of Chihuahua and Baja California.

Alaska Wild Salmon Funded But Managers Fear Fish Farms

The grant will fund the Pacific Coastal Salmon Recovery Initiative, a program created to conserve salmon populations in pacific rivers, streams and marine ecosystems.

Projects include salmon habitat restoration, salmon stock enhancement and salmon research, including construction of salmon research and related facilities.

"This NOAA grant will provide the state of Alaska with the tools and information that they need to help make sound decisions regarding the pacific salmon populations," said NOAA Administrator Conrad Lautenbacher, under secretary of commerce for oceans and atmosphere.

The Alaska Department of Fish and Game (ADF&G) reports mixed catch results for the week ending August 20, with some salmon fisheries better than at any time since 1984 and others with salmon populations of very low abundance.

Meanwhile, (ADF&G) Commissioner Kevin Duffy Friday expressed concern over the expansion of Canadian salmon farms in northern British Columbia.

The Commissioner’s remarks are in response to news that Panfish Canada and the Kitkatla First Nation received final approval to begin farming salmon at Anchor Anchorage, British Columbia. At 42 miles south of the Alaska-Canada boundary line, this farm will be British Columbia’s northernmost fish farm.

Although Fisheries and Oceans Canada (DFO) approved the final permit on July 21, Panfish Canada acknowledged for the first time Friday that it has the necessary approval to move forward.

"I am concerned about the potential danger that farmed Atlantic salmon present to Alaska’s wild salmon stocks," said Duffy. "Alaska’s economy relies heavily upon wild salmon and we need to make sure that our neighbor’s activities do not have an adverse impact on Alaska’s fisheries."

The Commissioner encouraged British Columbia to delay permitting any salmon farms along the border with Alaska until the Canadian fish farming industry develops and employs the technology necessary to prevent escapes from fish pens; and the DFO conducts adequate baseline surveys to determine the industry’s potential impacts on marine environments and fishery resources.

"This fish farm is so close to Alaska that an escaped farmed Atlantic salmon could invade Alaskan waters in a matter of hours," said ADF&G Director of Commercial Fisheries Doug Mecum. "Atlantic salmon, when released into Alaska’s fresh and salt waters, are an invasive species. They can compete with our abundant salmon stocks and threaten them with disease. Atlantic salmon do not belong in Alaska’s waters."

The ADF&G intends to pursue the issue of fish farming along the Alaska-Canada boundary line at the federal level to ensure the protection of Alaska’s wild salmon stocks, Duffy said.

Since 1994, 577 Atlantic salmon have been found in Alaska’s waters, including freshwater systems such as the Copper and Situk rivers. State officials are concerned that more Atlantic salmon have gone undetected.

Precious Metals Reclamation Firm Admits Fraud

Gannon & Scott, Inc., with offices and refining operations in Cranston, Rhode Island, pleaded guilty to one count of conspiracy to commit mail fraud.

As expressed in its plea agreement with the government, the company cooperated fully with the FBI investigation. As part of that cooperation, Gannon & Scott established a fee structure where its processing fees and metal recovery are fully revealed to its customers.

Gannon & Scott also agreed to make full restitution of $291,180 - the amount of loss to its customers - as part of its plea agreement.

Manufacturing businesses hired Gannon & Scott to reclaim trace precious metals - gold, silver and platinum - from their scrap electronic components, industrial and manufacturing wastes and from jewelry manufacturing.

Typically, Gannon & Scott would receive industrial drums filled with scrap for processing. They would remove a sample to determine the amount of precious metals contained in the larger lot.

After calculating the total amount of precious metals in the shipment, Gannon & Scott would determine the market value of the extracted precious metal and pay the customer for it.

The company's attorney, Lawrence Horn admitted in court that the company would prepare fraudulent "settlement sheets" for customers, which stated that a lot of scrap had less precious metals in it than were in fact found, and mailed checks to the customers for amounts less than which the customers were entitled.

As part of its investigation, the FBI established a company - identified in the Information as "Company 1" - which purported to be an industrial cleaning service in Hillside, New Jersey. Gannon & Scott shorted Company 1 on gold in scrap presented for reclamation.

At sentencing, scheduled for December 6, the company faces a maximum sentence of five years of probation and a fine of up to $500,000.

Maryland May Allow Bear Hunt Based on Inflated Numbers

But Dr. Phillip Good, an expert in mathematical statistics and the author of 32 papers and six text books, calls Maryland’s estimate of the state’s black bear population "inappropriate and grossly in error."

"Even if the DNR’s data was correct, there would be no need to open a trophy hunt on this small population of a few hundred bears," said Michael Markarian, president of The Fund for Animals.

"The fact that the agency does not even have an accurate count of bears in the state is all the more reason to call off the first bear hunt in more than fifty years. Governor [Robert] Ehrlich wants his agencies to use sound science, but instead they have used junk science and fuzzy math."

Good analyzed the DNR’s data from two population estimates in 1992 and 2000, and found that the agency erroneously concluded that the bear population has grown, while in reality the bear population may not have grown or may have even declined.

In addition, Dr. Good highlights the differences in the ways the bears were sampled between 1992 and 2000, which makes the data from the two surveys difficult to compare and analyze.

He also points out that the analysis of this data by the DNR is erroneous because the survey in 2000 attempted to maximize the number of bears surveyed which may have resulted in an overestimation of the population.

Dr. Patrice Green, a Baltimore County resident who requested the analysis from Dr. Good, provided this new information to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review which will vote today on whether to approve the bear hunt.

The Fund for Animals and the Humane Society of the United States have offered $75,000 to augment the state’s educational programs to solve bear conflicts, and to compensate farmers fully for agricultural damage caused by bears, if the bear hunt is called off. Governor Ehrlich and the DNR rejected the offer.

Cafeteria Steam Table Delights

The cafeterias at these and many other companies and schools are serviced by Bon Appétit Management Company - and the company has adopted a new purchasing policy with the advice of Environmental Defense.

Bon Appétit will only purchase chicken that has been produced without the routine use of medically important antibiotics. Bon Appétit will also apply a purchasing preference for meat, dairy and seafood that have been produced with reduced amounts of antibiotics.

Animal producers may include antibiotics in animal feed or water to promote growth or compensate for stressful conditions on modern industrial-scale farms. Bon Appétit’s policy is intended to encourage meat suppliers to administer antibiotics only when they are clearly needed to treat sick animals or animals in immediate danger of being sick.

"Bon Appétit believes that the misuse of antibiotics in farm animals makes these critical drugs less effective for humans," said Fedele Bauccio, CEO of Bon Appétit. "Bon Appétit purchases a significant amount of meat, seafood and dairy each year, and we call on the producers that supply our company to protect human health by reducing the amount of antibiotics they use."

"By working together, Environmental Defense and Bon Appétit plan to leverage the company's purchasing power to help preserve the effectiveness of antibiotics for humans," said Gwen Ruta, program director with Environmental Defense.

In addition, this summer, the food service company has decided not to use foods that have been genetically modified, or meats from animals that have been fed genetically modified grains. The company says it is working towards serving milk that is bovine growth hormone free.

Fruits and vegetables on Bon Appétit steam tables are pesticide free, and chefs working for the company are asked to buy produce that is seasonal and minimally processed.