• All Agricultural Uses of Lindane to End in North America
  
• Cattle Feed Contaminated with Mammalian Protein Recalled
  
• Citgo Charged With Violating Clean Air Act, Migratory Bird Act
  
• EPA to Collect $28 Million for Cleaning New Jersey Superfund Sites
  
• Five Plead Guilty to Selling Ocelots Claimed as Gifts
  
• Florida Charter Boat Captain Admits Shooting at Dolphins
  
• New Orleans Show Benefits Hurricane Relief Emergency Workers
  

All Agricultural Uses of Lindane to End in North America

WASHINGTON, DC, August 10, 2006 (ENS) - The U.S. Environmental Protection Agency (EPA) has decided not to renew the registration of lindane, an insecticide used to treat seeds for barley, corn, wheat, oats, rye, and sorghum. As a result, manufacturers of the chemical agreed to stop sales in the United States, EPA officials said last week. The EPA will allow continued use of lindane seed treatment products until existing stocks are gone.

Lindane belongs to a family of toxic chemicals known as organochlorines, as does DDT, which has already been phased out. As a family, these toxic chemicals tend to persist in the environment for a long time and tend to accumulate in the tissues of living organisms, including humans. They travel globally carried by air and water, and their use poses risks to people far from the source.

Lindane is a known neurotoxin that can cause seizures, damage the nervous system, and weaken the immune system. Exposure may cause cancer and disrupt the human and animal hormone systems.

All uses of lindane have already been banned in 52 countries, but the United States has been using up to 230,000 pounds of lindane yearly in seed treatment products.

Environmental health groups around the country applaud the move, but are urging phaseout of the remaining uses of lindane.

“The phaseout of lindane's agricultural uses is a long overdue step, especially important to protecting indigenous peoples in the Arctic,” says Pamela Miller, director of the Alaska Community Action on Toxics, an organization that works closely with indigenous communities. “We're pleased the U.S. is finally moving to join the rest of the international community that has already stopped using this harmful pesticide.”

Lindane is one of the most abundant pesticides in Arctic air and water, and the EPA has acknowledged that indigenous people in the Arctic are faced with excessive exposure to lindane through their traditional diet.

Lindane use continues to be allowed for treatment of lice and scabies in pharmaceutical products regulated by the Food and Drug Administration (FDA).

“It's about time we stopped using this long-lasting, neurotoxic pesticide,” says Kristin Schafer, program coordinator for Pesticide Action Network. “We're pleased EPA has finally done the right thing - but this chemical linked to brain tumors and hormone disruption is still allowed in lotions and shampoos. We're now asking for the public's help to get FDA to withdraw lindane's pharmaceutical uses.”

Pharmaceutical uses of lindane for lice and scabies have been banned in California since 2002, and legislation promoting similar bans is moving forward in other states including Michigan and New York. There are several alternative substances for lindane.

The announcement by the EPA and the United States' pesticide industry supports the recent ban on agricultural uses of lindane in Canada and the planned elimination of all lindane uses in Mexico.

Fernando Bejarano, director of Red de Acción en Plaguicidas y sus Alternativas en México said, “We're pleased to see that the U.S. is following Mexico 's lead in phasing out lindane in agriculture, and we hope the government will take the next step and ban use in shampoos and lotions as well.”

In Montreal, the Commission for Environmental Cooperation (CEC) says the U.S. move strengthens a four year effort to develop its North American Regional Action Plan on Lindane and Other Hexachlorocyclohexane Isomers. The Commission was formed under a side agreement to the North American Free Trade Agreement, NAFTA.

Similar North American Regional Action Plans on chlordane and DDT eliminated the use of these pesticides in North America. The CEC anticipates these actions will influence decisions regarding the status of lindane under the Stockholm Convention on Persistent Organic Pollutants.

Cattle Feed Contaminated with Mammalian Protein Recalled

Vita Plus Corporation of Gagetown, Michigan, has recalled 27,694,240 pounds of dairy feed produced between February of 2005 and June 16, 2006, because it is believed it was contaminated with mammalian protein. The feed was distributed in Michigan and the recall is complete, according to the FDA's current weekly Enforcement Report.

Burkmann Feeds LLC of Glasgow, Kentucky, has recalled an unknown amount of custom feed because it contains an ingredient called Pro-Lak, which may contain ruminant-derived meat and bone meal.

Burkmann Feeds describes its Pro-Lak product as a "multi-source marine and animal by-pass protein supplement" that is fed to dairy cows for maximum milk production. The Burkmann feed was distributed in Kentucky.

Both recalled feeds were suspected of being adulterated with ruminant or mammalian protein, including ruminant meat and bone meal in the second recall.

The feeding of ruminant or mammalian protein to cattle, which are ruminant, or cud-chewing, animals, has been banned in the United States since 1997. The ban was imposed in an attempt to control the spread of mad cow disease, formally known as bovine spongiform encephalopathy, BSE.

Herbivorous by nature, cattle do not eat mammalian protein unless it is placed in their feed by people.

Transmissible spongiform encephalopathies, such as mad cow disease and its human form, variant Creutzfeldt-Jakob Disease (vCJD), are spread by prions - abnormally shaped proteins that originate as regular components of neurological tissues in animals. They are not cellular organisms or viruses, according to the U.S. Food and Drug Administration (FDA) Center for Food Safety and Applied Nutrition.

Mad cow disease spreads from one animal to another by consumption of feed that has been contaminated by these proteins, such as meat-and-bone meal, that contains nervous system tissue from an infected animal.

The human form of the disease can be transmitted if a human being eats BSE infected meat, or through blood transfusions.

Citgo Charged With Violating Clean Air Act, Migratory Bird Act

Citgo was indicted on two counts of operating their Corpus Christi refinery in violation of the National Emission Standard for Benzene Waste Operations and two counts of operating open top tanks as oil water separators without first installing the emission controls required by federal and state regulations.

Clean Air Act regulations require Citgo to control the emission of benzene from waste water produced at the refinery.

The indictment also charges the refinery's environmental manager, Philip Vrazel, with failing to identify all of the points in the refinery wastewater system where benzene was generated in a report filed with the Texas Commission on Environmental Quality (TCEQ) for the year 2000. An accurate report must be filed with the TCEQ every year.

Benzene is a hazardous air pollutant found to cause cancer in people exposed even to small amounts.

Federal regulations limit refineries to operating with no more than six megagrams of benzene in their exposed waste streams. A megagram is equal to one metric ton.

The Justice Department charges that Citgo operated its Corpus Christi refinery in 2000 with more than 57 megagrams of benzene in waste streams that were exposed to the air.

Citgo is also charged with operating in 2001 with more than seven megagrams of benzene in its exposed waste streams.

Regulations governing the construction and operation of new sources of hazardous air pollutants require oil water separators to be fitted with emission control devices to prevent the release of benzene and other harmful chemicals into the environment.

According to the indictment, Citgo used two large open top tanks as oil water separators between January 1994 and May 2003 without the required emission controls.

During an unannounced inspection in March 2002, TCEQ inspectors found 4.5 million gallons of oil in the two open top tanks.

Citgo Refining and Vrazel are also facing five counts of violating the Migratory Bird Treaty Act for the illegal taking of protected birds. The birds were found coated with oil as a result of landing in the open top tanks. The tanks attract the birds and must be fitted with nets or other equipment to keep birds out.

If convicted, Citgo faces fines of up to $500,000 or twice the gross economic gain, whichever is greater, and five years of probation. Vrazel faces fines of up to $500,000 and up to five years in prison.

The criminal charges resulted from a joint investigation by the U.S. EPA, the U.S. Fish and Wildlife Service, the Federal Bureau of Investigation, the Texas Parks and Wildlife Division and the Texas Commission on Environmental Quality.

EPA to Collect $28 Million for Cleaning New Jersey Superfund Sites

The U.S. Justice Department and the U.S. Environmental Protection Agency (EPA) announced that both companies have agreed to reimburse the federal government for the costs of cleaning up contamination found in the soil and ground water at the sites.

The Higgins Farm Superfund site is located in a rural area along Route 518 in Franklin Township. Covering 75 acres, the site is currently operated as a cattle farm. In March 1989, EPA placed the Higgins Farm site on the Superfund List of the country's most contaminated sites.

As a part of these settlements, NCH Corporation will take over operating the ground water treatment plant that the EPA built at the Higgins Farm site, saving the government about $12 million in future costs.

The Higgins Disposal Superfund site is located on a 37.6 acre parcel on Laurel Avenue in Franklin Township. From the 1950s to 1985, the site owner operated an unpermitted waste disposal business including a landfill and waste transfer station.

Soil and water samples taken in 1986 showed PCBs, tetrachloroethylene, 1,2-dichlorobenzene, and bis(2-ethylhexyl)phthalate in on-site soil. PCBs were also detected in an on-site pond downgradient of the landfill. When full, the pond spills into Dirty Brook, which discharges into the Delaware/Raritan Canal. The canal is used for boating and fishing. A fresh water wetland is 300 feet from the site.

Soils on the site are permeable and ground water shallow, conditions that facilitate movement of contaminants into ground water. An estimated 2,000 people depend on private wells within three miles of the site as their sole source of drinking water.

In August 1990, the EPA placed the Higgins Disposal site on the Superfund List.

The owner's family currently maintains a residence on the site, an equestrian facility - Hasty Acres Riding Club - and a truck repair shop.

"The government has spent millions of dollars cleaning up contaminated soil and ground water at both the Higgins Farm and Higgins Disposal Sites," said Sue Ellen Wooldridge, assistant attorney general for the Justice Department's Environment and Natural Resources Division. "We are pleased that today's settlements help ensure that the government is reimbursed for its work, and we reaffirm our commitment to ensuring that hazardous waste sites are cleaned up."\

FMC Corporation has agreed to pay the EPA almost $17 million, including $14.5 million for EPA's cleanup costs at Higgins Farm and the remainder for the Higgins Disposal site.

Under an earlier agreement with EPA entered in 2004, FMC constructed and began operating a ground water treatment plant at the Higgins Disposal site.

NCH has agreed to pay EPA more than $2 million to cover past cleanup costs at both sites. The Department of Energy is also paying more than $9 million to cover past and future cleanup costs at both sites.

"These settlements illustrate how Superfund is supposed to work - making polluters pay for cleaning up sites," said EPA Regional Administrator Alan Steinberg. "Now, we can continue to operate treatment facilities at the sites that will address any remaining contamination."

The consent decrees are subject to a 30-day public comment period and judicial approval. Both are available on the Justice Department website at: http://www.usdoj.gov/enrd/Consent_Decrees.html.

Five Plead Guilty to Selling Ocelots Claimed as Gifts

Two of the ocelots involved died while under care of the purchaser, although no claims of mistreatment are alleged. Five ocelots have been seized or will be seized by the U.S. Fish and Wildlife Service, including the two dead animals.

The U.S. Justice Department says the scam took advantage of the fact that gifts of endangered species are not prohibited by law, while sales of these species are banned. In each of the five cases, the defendant completed federally required forms claiming that the ocelot was a gift to the purchaser, when in fact it was sold, the government claims. In each case, the ocelots were sold for thousands of dollars - many at a cost of $5,000 per animal.

As few as 70 ocelots are known to remain in the wild in the United States, most of them on the Laguna Atascosa National Wildlife Refuge in south Texas. The large, nocturnal cats are endangered throughout their range in Texas and Central and South America, as a result of habitat destruction and illegal trafficking in pelts.

The investigation in this case uncovered what federal authorities characterize as "an aggressive, nationwide effort to sell endangered animals illegally and cover up the illegal sales through lies and deceit."

One defendant, the Isis Society for Inspirational Studies, also known as the Temple of Isis, is a California corporation located in Geyserville. The Temple of Isis is charged with conspiring to violate the Endangered Species Act through the illegal sale of six ocelots to purchasers in Texas, Florida, Oregon and Minnesota.

The government alleges that the Temple of Isis agreed with ocelot purchasers to mischaracterize the sale of ocelots as "donations," and to mischaracterize the payments for these ocelots as "contributions" to charitable organizations affiliated with the defendant, including the "Temple of Isis" and the "Isis Oasis Sanctuary." The purchasers falsified federal forms to maintain the "donation" cover story.

The Temple of Isis has agreed to plead guilty as charged. The recommended sentence is a fine of $60,000, twice the value of the illegally sold ocelots, and two years of probation.

Great Cats of the World is an Oregon corporation located in Cave Junction, which formerly operated in Minnesota under the name Center for Endangered Cats. The government alleges that the Center for Endangered Cats purchased an ocelot from the Temple of Isis and lied on a federal form by claiming that the ocelot had been donated, when in fact the Center paid thousands of dollars for the animal.

Great Cats of the World has agreed to plead guilty and the authorities recommend a fine of $10,000 and one year probation.

Nixon, Texas resident Amelia Rasmussen pled guilty to purchasing two ocelots from the Temple of Isis and falsifing a federal form by claiming that the ocelots had been "donated" to her, when she really paid thousands of dollars for the ocelots. The recommended sentence is a $15,000 fine and one year probation.

The other two defendants also agreed to plead guilty and were recommended for lighter sentences. Only the court can impose sentences.

"The Endangered Species Act is critical in our effort to save treasures like the ocelot and protect biodiversity, and we will undertake vigorous enforcement against people who illegally commercialize threatened and endangered animals," said U.S. Attorney Karin Immergut. Ocelots have been federally listed as endangered since 1972.

Florida Charter Boat Captain Admits Shooting at Dolphins

PANAMA CITY, Florida, August 10, 2006 (ENS) - A charter boat captain from Panama City pleaded guilty Tuesday to one misdemeanor count of violating the federal Marine Mammal Protection Act, the Justice Department announced.

Christopher Kevin Weaver faces a maximum one year in prison and/or a $100,000 fine for knowingly and unlawfully shooting at one or more dolphins in U.S. waters.

On October 13, 2005, Weaver was the captain of the LEO TOO, a charter fishing vessel operating out of Treasure Island Marina, Panama City Beach, Florida.

During the course of a deep-sea fishing trip, Weaver watched a dolphin grab a fish that one of his fishing clients had hooked. Weaver, who was on the bridge of the LEO TOO, fired a .357 caliber handgun at the dolphin while it was in the water near the boat.

When the LEO TOO moved to another fishing spot, Weaver again shot at one or more dolphins. It is unknown whether his shots struck any of the dolphins.

The Marine Mammal Protection Act prohibits the taking of any marine mammal, including dolphins, in waters or lands under the jurisdiction of the United States.

Taking as defined in the Act, means to harass, hunt, capture or kill; or attempt to harass, hunt, capture, or kill any marine mammal.

Harassment, also defined by the Act, means any act, pursuit, torment or annoyance which has the potential to injure a marine mammal in the wild or has the potential to disturb a marine mammal by causing disruption of behavioral patterns, including migration, breathing, nursing, breeding, feeding or sheltering.

Sentencing is set for October 10, 2006 in Panama City. The case was investigated by the National Oceanic and Atmospheric Administration, Office of Law Enforcement.

New Orleans Show Benefits Hurricane Relief Emergency Workers

NEW ORLEANS, Louisiana, August 10, 2006 (ENS) - J.C. Penney Company, Inc. has joined forces with the Dr. Phil Foundation to sponsor the Dr. Phil and Friends concert tonight at the New Orleans Arena to benefit the local emergency personnel who were on the front lines dealing with the destruction caused by Hurricane Katrina.

Families of local emergency personnel will receive net proceeds from the concert which features Dr. Phil McGraw and a line-up of all-star entertainers including musicians Brooks and Dunn, Brian McKnight, Allen Toussaint, and comedian Jeff Foxworthy.

Tickets to the "Dr. Phil and Friends" benefit concert can be purchased at all Ticketmaster locations or by logging on to www.ticketmaster.com. The prices range from $35 to $500. The highest priced tickets entitle fans to meet Dr. Phil and other performers.

"With more than 900 JCPenney associates working in stores along the Gulf Coast affected by Hurricane Katrina, this cause really hits home for us," said Mike Boylson, JCPenney's chief marketing officer, "Sponsoring this benefit concert is our way of saying thanks to all the police, firefighters and emergency medical personnel who assisted our New Orleans associates and customers during this disaster."

JCPenney raised $730,000 by establishing a matching contribution program, supported through associate contributions, to help the many JCPenney associates affected by the hurricane. Additionally, the Company made a $350,000 contribution to the American Red Cross Disaster Relief Fund and donated 100,000 basic items such as towels, socks and underwear to assist those impacted by the storm.