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AmeriScan: February 20, 2006

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Washington Governor Enacts Columbia River Water Management Law

OLYMPIA, Washington, February 20, 2006 (ENS) - Governor Chris Gregoire has signed into law the Columbia River Basin Water Resource Management bill that makes a new investment in the economic and environmental future of central and eastern Washington. The bill overwhelmingly passed both houses of the Legislature.

“The gridlock is broken,” Governor Gregoire said on Thursday at the bill signing ceremony. “For 30 years, people have been wrangling over the best way to support the water needs of eastern Washington, and protect and restore our native salmon runs on the Columbia River. Now we have a road map towards achieving those goals."

"We broke through the stalemate because of the respectful consensus we built among our partners, who include the U.S. Bureau of Reclamation, our tribal neighbors, farmers, environmental groups and communities up and down the Columbia River,” Gregoire said.

The Columbia River drains a 259,000 square mile basin that includes territory in seven states - Oregon, Washington, Idaho, Montana, Nevada, Wyoming, and Utah and one Canadian province. The river flows for more than 1,200 miles from the base of the Canadian Rockies in southeastern British Columbia to the Pacific Ocean at Astoria, Oregon, and Ilwaco, Washington.

Work on the bill began a year ago when Governor Gregoire asked House and Senate leaders from both parties to appoint members to a Columbia River Task Force to study the long-standing water management stalemate on the Columbia River.

The bill commits to developing new storage and water conservation projects on the Columbia River, provides a formula for allocating newly stored water, and creates mechanisms for jumpstarting conservation measures and improving current management operations on the Columbia River.

One-third of all newly stored water will be allocated to support stream flows for fish. Two-thirds of newly stored water will be available for new out-of stream water uses, such as farming, industry and municipal growth.

“We’ve turned the corner on the water wars in the Columbia Basin,” said Jay Manning, director of the Washington State Department of Ecology. “With this bill the bar has been raised and the environment will win as the economy wins. Perhaps just as important, Ecology is now a vested partner in developing water supplies for both.”

Rob Masonis, director of the Northwest office of American Rivers, said, “This plan provides for a thoughtful approach to finding new supplies. It requires a hard look at costs and benefits, and full consideration of alternatives to new storage, like conservation and market mechanisms, before any new storage facilities are constructed.”

“The plan will help protect against further declines in Columbia River flows during critical periods for salmon and steelhead," Masonis said. "What it does not do, however, is address the major harm to salmon and steelhead caused by federal dams on the Columbia and Snake rivers. Those impacts must be addressed through changes at the dams themselves and other major investments in habitat restoration.”

Masonis and American Rivers support the removal of four federal dams on the lower Snake river.

A copy of the Columbia River Basin Water Resource Management legislation is online at: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2860&year=2006

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Bird Flu Summit for Business Open to All Speakers

WASHINGTON, DC, February 20, 2006 (ENS) - Bird flu experts from across the United States and around the world will focus on the business-related issues in pandemic prevention, preparedness, response and recovery at Washington, DC's first Bird Flu Summit to be held February 27-28, 2006 at the Hyatt Regency Crystal City near the Reagan National Airport.

Featuring public sector and private sector leaders addressing the bird flu threat, the event will be co-chaired by international healthcare advisor Dr. Joseph Agris of the influenza news website www.flulab.com.

Emphasis will be placed on identifying the responsibilities of various stakeholders to improve communications, coordination and collaboration worldwide. Speakers will present collective approaches to pandemic influenza preparedness and business continuity planning.

Among the speakers are: Alex Thiermann, president of the Terrestrial Animal Health Code Commission with the World Organization for Animal Health; Koos van der Velden, chairman of the European Influenza Surveillance Scheme; and John Davies-Cole, state epidemiologist with the Washington, DC Department of Health.

Representatives from medical and health agencies in Turkey, Romania, Croatia, and Sweden will be present.

From the United States, representatives of the Centers for Disease Control and Prevention; the Public Health, Food and Agriculture section of the Department of Homeland Security; the National Sheriffs Association; and the health departments of Tennessee, Pennsylvania, and Michigan, will contribute to the discussion.

Representatives from insurance and legal organizations, vaccine and drug manufacturers, and nongovernmental organizations such as the Center for Science in the Public Interest will participate.

The event is open to all interested businesses and organizations from all countries. Prospective speakers and attendees may register by calling the conference organizer NewFields/USA at 202-536-5000; emailing sandra@new-fields.com; or logging onto: http://www.new-fields.com/birdflu.

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American Bald Eagle Killer Gets Five Years in Prison

LITTLE ROCK, Arkansas, February 20, 2006 (ENS) - A Louisiana man convicted of killing an American bald eagle with poisoned bait and tampering with witnesses has been sentenced to serve five years in federal prison and fined $50,000.

Alfred Craft of West Monroe, Louisiana also was ordered to pay $11,000 restitution to the state of Arkansas and also sentenced to pay the $23,000 per year cost to the taxpayer for his incarceration.

The sentence was handed down February 13 by Judge Susan Webber Wright of the U.S. District Court for the Eastern District of Arkansas. Judge Wright came to national attention in 1998 when she dismissed Paula Jones' sexual harassment lawsuit against then President Bill Clinton.

The investigation began on February 10, 2004 when Arkansas Game and Fish officers received information about a possible wildlife poisoning on Craft's farm in Izard County, Arkansas. Investigating state officers found several dead animals, including vultures and the bald eagle.

The next day, U.S. Fish and Wildlife Service officers with a search warrant found deer and duck carcasses and sardines all laced with the agricultural pesticide Temik.

So toxic to birds and mammals that its use is restricted by law, Temik is normally used on crops such as rice, corn and citrus to kill insects. State and federal officers accused Craft of setting out the bait in order to poison meat-eating predators such as the eagle and vultures.

Forensic scientists at the U.S. Fish and Wildlife Service Forensic Laboratory determined that Temik was found in the stomach of the bald eagle.

On August 5, 2004 a federal grand jury indicted Craft on seven counts which included violations of the Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, Federal, Insecticide and Fungicide and Rodenticide Act as well as charges of tampering with a federal witness.

On March 8, 2005, Craft pled guilty to violating the Migratory Bird Treaty Act and Bald and Eagle Protection Act but pled not guilty to charges of violating the Federal, Insecticide and Fungicide and Rodenticide Act as well as to three counts of witness tampering.

On July 14, 2005, after a lengthy trial before a federal jury, prosecuted by Assistant U.S. Attorney Jeff LaVicka, Craft was convicted of witness tampering. Rather than releasing him on bond to await sentencing Judge Wright viewed Craft as a danger and ordered him to be detained in jail until sentencing.

"This excellent investigation involved hundreds of hours of work by the U.S. Attorney's Office, criminal investigators of the U.S. Fish and Wildlife Service, Arkansas Game and Fish Commission wildlife officers and Arkansas Plant Board Inspectors," said Robert Oliveri, resident agent in charge of Arkansas, Alabama, Louisiana and Mississippi.

"U.S. District Judge Susan Webber Wright sent a clear message that the indiscriminate killing of wildlife by the use of poison and tampering with witnesses in an attempt to conceal the crime will not be tolerated in Arkansas," Oliveri said.

The bald eagle once ranged throughout every U.S. state except Hawaii. By 1963, only 417 nesting pairs were found in the lower 48 states, and in 1967 the bald eagle was protected under the federal law preceding the current Endangered Species Act.

Today, there are an estimated 7,066 nesting bald eagle pairs, and the U.S. Fish and Wildlife Service is proposing to remove the species from the Endangered Species List.

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Maine Agencies Coordinate Rapid Response to Invasive Species

AUGUSTA, Maine, February 20, 2006 (ENS) - The Commissioners of the Maine Department of Environmental Protection (MDEP) and the Maine Department of Inland Fish and Wildlife have agreed to respond to new infestations of invasive aquatic species under the auspices of a single, coordinated rapid response plan.

Species covered by the plan include invasive plants and fish already in some Maine waters and other exotic organisms not yet established in Maine such as zebra mussels.

The agencies agreed to implement the Rapid Response Plan for Invasive Aquatic Plants, Fish and Other Fauna. The plan provides guidelines for the two agencies to harmonize their individual and joint invasive species control work, to collaborate with the Maine Department of Conservation when rapid control or eradication measures call for lake restrictions that affect state facilities, and to inform and include the public and affected parties in the rapid response process.

“Our goal in applying this plan is to be able to deploy state resources as quickly as possible,” said DEP Commissioner David Littell. “With this response plan in hand, we’re able to have on tap the key personnel to take prioritized steps in decision making such as where on a newly infested lake and what control options are appropriate for the extent of the plant infestation.”

The Rapid Response Plan fulfills a key task charged by Maine’s Action Plan for Managing Invasive Aquatic Species which was adopted by the Interagency Task Force on Invasive Aquatic Plants and Nuisance Species and the Land and Water Resources Council in 2002. A grant from the U.S. Department of the Interior, Fish and Wildlife Service, made this plan possible.

“The plan allows us to respond quicker, it streamlines the process to get the necessary permits to prevent the further spread of an unwanted species. Permits that used to take months to process will now be issued within two to four weeks if certain criteria are first met. This plan will result in better, quicker service to the citizens of Maine,” said Roland Martin, commissioner of the Department of Inland Fisheries and Wildlife.

The plan can be found online at: http://www.state.me.us/dep/blwq/topic/invasives/invplan.htm

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Gunnison's Prairie Dog Rejected for Endangered Species Review

SANTA FE, New Mexico, February 20, 2006 (ENS) - The U.S. Fish and Wildlife Service has issued a negative finding on a petition to protect the Gunnison's Prairie Dog under the Endangered Species Act, which means that the agency will not conduct a review on whether to list the species under the law.

Forest Guardians and others who petitioned for the species' protection are planning to challenge the February 7 finding, given the Gunnison's prairie dog's severely imperiled condition and its decline by more than 90 percent over the past century.

Forest Guardians, Biodiversity Conservation Alliance, Center for Biological Diversity, Center for Native Ecosystems, and the Utah Environmental Congress sued the Service in December 2004 for failing to provide a determination on the February 2004 petition within the 90 days required by Endangered Species Act.

The groups say the Service's negative finding is a setback to protecting the species under the law. A May 2005 report by the Center for Biological Diversity found that, from 1974-2004, listing delays have contributed to the extinction of 42 species.

Dr. Nicole Rosmarino of Forest Guardians said, "The Gunnison's Prairie Dog is running out of time, given assaults from oil and gas, unregulated poisoning, and rampant shooting."

Other species depend upon the Gunnison's prairie dog for the habitat they create and as a prey base.

Partly out of recognition that protecting prairie dogs will safeguard whole ecosystems, conservation of the Gunnison's prairie dogs has broad support from many different walks of life. Among the 73 groups and individuals who joined onto Forest Guardians' petition to list the Gunnison's prairie dog under the Endangered Species Act were realtors, homebuilders, private landowners, retired military officials, religious organizations, and scientists.

"The Gunnison Prairie Dog is one of the least among us. They have much to teach us about living in community. May our compassion to stop this species' extinction be stronger than our inaction, which will surely diminish its chances for survival. With the protection of prairie dogs, we have an opportunity to strengthen the bonds of life instead of destroying this beautiful web of life," said Terry Tempest Williams, author of "The Open Space of Democracy" and Annie Clark Tanner Scholar in Environmental Humanities at the University of Utah.

"Gunnison's prairie dogs have the most complex natural animal language that has been decoded so far in any animal species," said Dr. Con Slobodchikoff of Northern Arizona University. "This is giving us insight into the capabilities of other animal species. It would be tragic to lose a species that has so much to teach us about the cognitive abilities of animals."

Prairie dog advocates say prompt listing is required to avoid extinction, as Gunnison's habitat continues to be destroyed due to oil and gas drilling on public lands, rampant prairie dog shooting, and poisoning. The federal government continues to poison prairie dogs at taxpayer expense.

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Raising Dust Costs Two Phoenix Firms $247,000

PHOENIX, Arizona, February 20, 2006 (ENS) - The U.S. Environmental Protection Agency (EPA) has settled with Edward Kraemer & Sons, Inc. for $190,000 and Meritage Homes of Arizona for $57,770 for air pollution violations at construction sites in Maricopa County.

“Maricopa County's particulate air pollution continues to be a serious problem,” said Deborah Jordan, the EPA’s Air Division director for the Pacific Southwest region. “Noncompliance with the fugitive dust control laws is one of the causes of particulate pollution, and our enforcement actions send the message that noncompliance will not be tolerated.”

From May 2003 to January 2005, Edward Kraemer & Sons, Inc. failed to comply with Maricopa County rules during earth moving and dust generating operations at construction projects in Phoenix.

Maricopa County inspectors found the company failed to use a suitable control device to remove dirt from vehicle tires exiting construction sites; failed to immediately clean up dirt tracked out 50 feet beyond the site; failed to water down disturbed surface areas while conducting earth moving operations; and failed to implement approved control measures while conducting a dust generating activity.

Meritage Homes of Arizona failed to comply with dust rules at a residential construction projects in Phoenix and Surprise, Arizona. During three separate inspections in 2004, Maricopa County inspectors discovered that the company had failed to apply water during earthmoving operations; failed to install a suitable trackout control device; and failed to apply water during weed abatement.

“These penalties are an appropriate deterrent to non-compliance,” said Robert Kard, director of the Maricopa County Air Quality Department. “We have zero tolerance for violations when we have such a huge particulate pollution problem here in the Valley.”

Maricopa County exceeds the national health standard for particulate matter PM-10. The EPA has classified the county as a serious non-attainment area for particulate matter. Under the federal Clean Air Act, areas failing to meet air quality standards must adopt control measures to reduce dust and soot in the air. The dust control measures are part of the state's clean air plan.

One of the primary causes of particulate pollution in the Phoenix area is wind blown dust from construction and home development sites, highway construction, sand and gravel facilities, unpaved parking lots and roads, disturbed vacant lands, agricultural fields, and other stationary sources.

Particulate matter, including dust, affects the respiratory system and can cause damage to lung tissue and premature death. The elderly, children and people with chronic lung disease, influenza, or asthma are especially sensitive to high levels of particulate matter.

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New Jersey Metal Recycler Hit with $250,000 Fine

TRENTON, New Jersey, February 20, 2006 - A metals recycler that claimed to "set new standard for environmental service" with state-of-the-art green technologies to recycle, reuse and mine commodities from industrial hazardous wastes has been fined $250,000 by the state of New Jersey for hazardous waste and air pollution violations.

Department of Environmental Protection (DEP) Acting Commissioner Lisa Jackson said Wednesday that the state has settled with Veridium Corp., a Paterson metal recycling facility, for a series of outstanding violations stemming from the company's repeated failure to properly store hazardous waste and adhere to air pollution regulations.

"Time and again, this company jeopardized the public's health and safety and our environment by mishandling hazardous materials and neglecting its responsibility to safeguard air quality," Jackson said. "We have no tolerance for any actions that leave our already overburdened urban communities vulnerable to toxic mishaps."

Veridium says on its website that the company's mission is "to minimize and eliminate the need for disposal and reduce the burden on natural resources by recycling, reusing and mining all reusable resources from industrial hazardous wastes in a safe, compliant and profitable manner."

But from 1999 to 2005, DEP inspectors uncovered seven violations, including Veridium's improper storage of 29,000 pounds of cyanide, acids, bases and other hazardous wastes capable of sparking explosions.

The agency says Veridium failed to familiarize police, fire and emergency-response teams with the facility's layout and the kinds of hazardous waste it regularly handled.

The DEP also cited Veridium for operating a materials dryer without the proper permit, failing to properly mark containers as hazardous waste and date them, failing to keep hazardous waste containers closed and improperly storing 55 gallon drums of hazardous waste for more than 90 days, among other violations.

DEP inspections also revealed the company failed to comply with its required air pollution permits and failed to properly notify the DEP when it released air contaminants during a fire.

Under the settlement agreement, which covers all of Veridium's outstanding violations, the company will make payments on $250,000 through December 2010.

The company ceased all operations at the Paterson site in January and vacated the premises. DEP inspectors will continue to monitor the site to determine if any further action is necessary.

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