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AmeriScan: January 31, 2006

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Record ExxonMobil Profits Spark Call for Renewable Energy

WASHINGTON, DC, January 31, 2006 (ENS) - Exxon Mobil Corporation Monday reported record profits for any U.S. company - $10.71 billion for the fourth quarter and $36.13 billion for the year due to high oil and gas prices.

Legislators took the announcement as an opportunity to call for more investment in alternative energy sources.

Senator Hillary Rodham Clinton, a New York Democrat, called on President George W. Bush to embrace her call for a Strategic Energy Fund where the oil industry can reinvest their profits in America’s energy future. Clinton first proposed the Fund last October.

In a letter to President Bush on Monday, Clinton said, "To create the fund, a temporary fee would be attached to a portion of the profits of oil companies who do not invest their profits in increasing refinery capacity, renewable energy, and other energy infrastructure investments needed to secure America’s energy future."

"In addition," Clinton wrote, "the Fund could be enhanced by repealing the new tax breaks established for oil companies in the energy bill. Today ExxonMobil posted the largest quarterly profit in U.S. corporate history. Now is the time for the Strategic Energy Fund."

President Bush will deliver his State of the Union message tonight to a joint session of Congress. He is expected to signal a commitment to alternative energy sources and technologies.

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EPA's Lead and Copper Rule Found to Be Inadequate

WASHINGTON, DC, January 31, 2006 (ENS) - A report issued by the U.S. Government Accountability Office (GAO) concludes the U.S. Environmental Protection Agency's (EPA) lead and copper rule is inadequate and may be putting public health at risk. The GAO is the investigative branch of the U.S. Congress.

The 1991 rule aims to minimize lead and copper in drinking water by reducing water corrosivity. Lead and copper enter drinking water primarily through plumbing materials. Exposure to lead and copper may cause health problems ranging from stomach distress to brain damage.

Lead is particularly dangerous for children, who retain about 68 percent of the lead that enters their bodies while adults retain about one percent. Children exposed to lead experience low birth weight, growth retardation, mental retardation, learning disabilities, and other effects.

After revelations about extremely high levels of lead in the drinking water in Washington, DC in 2004, the GAO report was asked to evaluate the effectiveness of federal regulations for lead and copper by Senator James Jeffords, a Vermont Independent, and Representatives John Dingell of Michigan and Hilda Solis of California, both Democrats.

The GAO report released last week found that, "EPA claims of widespread, national compliance with the rule are not supported by data."

The report identifies "…significant and longstanding gaps in the amount of information available..." that impair the agency's ability to oversee implementation of the lead rule.

For example, even after an effort to update its data following the Washington, DC case, the EPA still does not have test results on over 30 percent of the community water systems.

Through June of 2005, the EPA did not have any information regarding the implementation of actions required to reduce lead in drinking water for more than 70 percent of the nation's community water systems.

In 2000, the EPA rulemaking regarding data collection requirements stated that this data was the only means available for EPA to evaluate progress in removing lead in drinking water. GAO found that the EPA had not followed up on missing implementation data, and that it has been slow to act on potential underreporting of violations.

"Few schools and child care facilities have tested their water supplies for lead - or adopted other measures to protect users from lead contamination" and "no focal point exists at either the national or state level to collect and analyze test results," the GAO said.

The GAO recommended that homes and other sites of highest risk for lead be used for sampling. Homeowners who participate in tap sampling should be notified of test results to protect their health.

GAO evaluated EPA's compliance data and determined that 49 large and medium water systems were in violation of the action level and appeared to be on reduced monitoring schedules. A reduced monitoring schedule reduces the chance that high lead levels will be detected and that the public will be warned of a potential health risk.

Controls over when and how treatment changes are implemented should be adopted to avoid increases in lead levels, the GAO advised.

Plumbing standards should be updated, reflecting availability of low-lead fixtures and GAO's finding that some products currently classified as "lead-free" leach high levels of lead into drinking water.

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BLM Returns $700,000 in Federal Cleanup Funds for Nevada

WASHINGTON, DC, January 31, 2006 (ENS) - In a reversal of policy, the U.S. Bureau of Land Management (BLM) has returned $700,000 in federal cleanup funds that had been earmarked for cleaning up the Anaconda Mine at Yerington, Nevada, according to agency documents released Monday by Public Employees for Environmental Responsibility (PEER).

As a result, this money that would have been used in Nevada to address contamination and radiation at the abandoned mine was never spent.

The turn-about reflected the agency’s decision to accept a more modest cleanup plan being offered by the mine’s owner, the Atlantic Richfield Company, now owned by British Petroleum.

The Anaconda Mine, an abandoned copper mine, covers more than 3,600 acres where acid run-off and waste rock containing low levels of uranium, thorium and other exposed metals have been disposed in unlined ponds.

A December 2004 BLM assessment of the mine site says, "Historical operations at the Yerington Mine have been identified as having contributed to elevated radiation levels measured in and around the process areas. The measured increase in radiation levels resulted from natural radioactivity found in native ore and soil becoming concentrated in the waste streams during the copper recovery process. The elevated radiation levels have been identified as a potential concern for exposure to workers performing site characterization and remediation activities at the site."

As late as the summer of 2004, BLM was requesting supplemental funding from the Central Hazardous Materials Fund (CHF) because the Yerington mine site “is of great concern, as evidence of the potential risk to human health and the environment from identified contaminants of concern found at the site is mounting,” according to one internal memo.

Then, in an email dated November 29, 2004, Robert Kelso, BLM’s lead official for the agency's hazardous waste program in Nevada, wrote, “With ARC’s [Atlantic Richfield] willingness to perform this additional work, we do not expect to need the $500K projected for FY05 nor $205K from the $493 supplemental authorization for FY04, a ‘cost avoidance’ in excess of $700K.”

PEER obtained the documents in preparing for a whistleblower hearing on behalf of Earle Dixon, BLM’s former manager overseeing the cleanup of the Anaconda Mine.

Dixon was terminated in October 2004, shortly before BLM decided to return the money. According to legal filings, Dixon was dismissed for pursuing worker safety, radiation, and pollution violations as well as calling attention to a number of problems that were not addressed because they would drive up remediation costs.

Dixon filed a whistleblower complaint in November 2004 under several federal laws, including the Safe Drinking Water Act, the Clean Air Act, Superfund, the Toxic Substances Control Act and the Occupational Health and Safety Act.

PEER is assisting Dixon’s lead counsel, Mick Harrison, in prosecuting the claim, which goes to hearing February 7 in Reno.

“The upcoming hearing will establish that BLM was not acting in good faith to secure environmental compliance at the site to protect workers and the people of Nevada,” said Harrison.

“The agency’s files and witness statements show that shortly after Mr. Dixon secured the necessary federal funds to assess known and potential releases of contaminants from the Yerington Mine, he was fired and all six BLM staff members who supported proper cleanup at the site were also removed from the project,” Harrison said.

The foregone federal funds came from the Central Hazardous Materials Fund, a central account made of payments collected by the Department of Interior from polluters of federal lands. Any expenditures from CHF would ultimately be reimbursed by responsible polluters, such as Atlantic Richfield when it took over the Yerington Mine.

BLM policy “is to use CHF funding to the maximum extent in order to help alleviate the shortage of funding for study and clean-up of sites contaminated with hazardous substances,” according to a 2000 BLM Instruction Memorandum to all of its state offices.

PEER General Counsel Richard Condit said, “BLM gave away a bird in the hand for a promise by an oil company that it would finally take some responsibility for the site.”

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Court Rules Grand Canyon Fish Recovery Plan Invalid

PHOENIX, Arizona, January 31, 2006 (ENS) - Recovery goals for the endangered Colorado River humpback chub that were developed by U.S. Fish and Wildlife Service in 2002 have been declared invalid by a federal district court in Arizona.

On January 23, the court decided that, “The Recovery Goals fail to comply with the ESA [Endangered Species Act], and accordingly, defendants are ordered to withdraw them. We declare them of no force and effect.” The defendants are the federal government.

“This is a great day for the endangered humpback chub and for Grand Canyon,” said Nikolai Ramsey, program director at Grand Canyon Trust. “The invalidated Recovery Goals were destructive to humpback chub and other native fish in Grand Canyon. These so-called Recovery Goals were in reality Anti-Recovery Goals, leading some to believe these endangered fish already recovered when they’re actually on the brink of extinction.”

The Grand Canyon Trust, represented by Earthjustice, filed a lawsuit March 31, 2004, against the federal government in an effort to stave off extinction of the humpback chub, a fish species that has inhabited the muddy, turbulent waters of the Colorado River for four million years.

Threats to the survival of humpback chub and their river ecosystem arise from the many dams on the Colorado River and its tributaries. In Grand Canyon, the Glen Canyon Dam, located just upstream of the Canyon, now controls the once wild river. As a result, the environmental group maintains, populations of humpback chub have been reduced.

In 13 years, the humpback chub in Grand Canyon have declined by two-thirds, from 10,500 in 1989 to 3,500 in 2002. The 2002 Recovery Goals defined a population as recovered at only 2,100 adults, a conclusion not supported by the best available science, and a lower value than when they were first listed as endangered.

“The Recovery Goals clearly do not incorporate the best available science. We need a revision that will insure the long-term survival of these remarkable fish and their habitat,” said Colorado River scientist Rick Johnson.

“Some of the best scientists in the world said these recovery goals were based on seriously flawed science,” said Robert Wiygul, attorney for Earthjustice. “I think we can all be relieved that they won’t be used to justify decisions that will hurt the chub.”

“The humpback chub is just the tip of the iceberg,” said Ramsey. “Four of eight native fish have already been lost from Grand Canyon. The humpback chub is poised to become number five. With the bogus recovery goals invalidated, we stand a better chance to recover this fish and other native fish in Grand Canyon.”

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Federal Agencies Commit to High Performance, Sustainable Buildings

WASHINGTON, DC, January 31, 2006 (ENS) - Seventeen federal agencies and the Executive Office of the President signed the first Memorandum of Understanding (MOU) last week committing federal agencies to the design, construction, and operation of high performance and sustainable buildings.

The federal government owns some 445,000 buildings with total floor space of over three billion square feet, in addition to leasing an additional 57,000 buildings comprising 374 million square feet of floor space.

These government structures and their sites affect the natural environment, economy, and the productivity and health of the workers and visitors that use these buildings.

Federal Environmental Executive Ed Pinero said the agreement will accelerate implementation of common strategies for planning, acquiring, siting, designing, building, operating, and maintaining high performance and sustainable buildings. The signatory agencies will also coordinate with complementary efforts in the private and public sectors.

The 17 agencies have agreed on using specific guiding principles to improve the performance of its buildings, including commitments in the areas of design, energy, materials, and indoor air quality, among others, that will lead to high performance buildings.

The MOU also provides guidance and assurance for implementation of practical, economic, and appropriate timeframes and building methods.

“President Bush has challenged the federal government to lead by example in efficiency, stewardship of our natural resources, and by setting measurable goals as good neighbors. This MOU represents how the federal community will rise to meet those challenges in the area of our buildings and facilities." said Pinero.

The Energy Policy Act of 2005 requires federal agencies to improve the energy efficiency of their buildings, purchase Energy Star and energy-efficient products, purchase electricity from renewable energy sources, and apply sustainable design principles to the siting, design, and construction of all new and replacement buildings.

In general, U.S. buildings consume over 37 percent of the nation’s primary energy and 68 percent of all electricity.

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New York State Spends $100 Million on Home Heating Aid

ALBANY, New York, January 31, 2006 (ENS) - With low income and elderly people across the State of New York struggling with skyrocketing heating costs, Governor George Pataki has signed legislation to provide $100 million to supplement the Federal Home Energy Assistance Program (HEAP). The funding marks the first time New York State has allocated additional money to the HEAP program.

The low-income Home Energy Assistance Program is a federally funded program that assists eligible households in meeting their home energy needs. To date, New York State has received $263 million from the federally funded program, $15 million less than last year.

With less Federal funding and skyrocketing fuel costs producing record demand for the program, late last year Governor Pataki took the unprecedented step of proposing that the program be augmented with an infusion of state funds to ensure that those in need of assistance would be able to receive it. The legislation signed by the Governor and approved by the Legislature last week will make $100 million in state funds immediately available.

“With demand for HEAP assistance at an all-time high, this allocation will allow us to continue providing home heating assistance to those in need this winter heating season. Equally as important, it will allow us to provide a second emergency benefit to many seniors and lower income New Yorkers this year,” Governor Pataki said. “As a result, many of our elderly and disabled residents will get the additional relief they desperately need this year from the high cost of heating their homes this winter.”

Last year, the benefit for those receiving regular heating assistance through HEAP averaged $335 statewide, and those receiving emergency benefits averaged $400 in assistance.

"AARP commends the Governor and the State Legislature for taking this unprecedented step in helping to ensure that New York's most vulnerable citizens can stay warm this winter," said Lois Aronstein, AARP New York State Director. "With some people actually having to choose between filling their prescriptions and filling their oil tank, this funding couldn't have come at a better time."

According to a January 2006 survey conducted in New York State, 83 percent of New Yorkers support providing low income households with greater assistance from the state when the federal programs do not provide enough help.

The survey found that while 80 percent of people are concerned about being able to pay for high energy costs this winter, 20 percent have actually had to put off buying necessities such as food or prescription drugs so they could pay their heating bills.

"HEAP is a great program, providing much needed assistance to thousands of New Yorkers every year," said Aronstein. "Our fear is that, even with the new funds, the program will run out of money this spring and thousands of New Yorkers will find themselves in need of assistance to keep their power on."

Older New Yorkers on fixed incomes tend to be hit especially hard by increases to home heating costs. While they use about the same amount of energy as younger people, older New Yorkers devote nearly twice of their total spending to heating their homes. One out of every four low-income older persons spends 19 percent or more of their total income on home energy bills.

Nationally, close to 40 percent of HEAP households have at least one member over the age of 60.

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BLM Asked to Pull Colorado Wilderness From Oil and Gas Lease Sale

DENVER, Colorado, January 31, 2006 (ENS) - The Colorado oil and gas lease sale proposed by the federal Bureau of Land Management (BLM) for February 9 will be the agency’s largest ever and one of the more controversial.

Colorado legislators, citizens’ organizations, and conservation groups are asking that the agency reevaluate the lands to be included in this auction to achieve a greater balance between industry demands and public lands values.

Colorado Congressman John Salazar, a Democrat, has asked the BLM to withdraw from the auction areas on Grand Mesa and areas within San Miguel County that are important to municipal watersheds.

Kannah Creek on the western flank of the Grand Mesa, and its drainage provide clear drinking water to residents of Grand Junction and Palisade.

"People deserve to know how the BLM's plans will affect their land and water," Congressman Salazar said in a letter sent to the BLM on January 25.

The 35,000 acre Grand Mesa roadless area and proposed wilderness has piñon and juniper growing at the lower elevations and spruce and fir near the mesa’s rim. Kannah Creek serves as an accessible playground for hiking, hunting, and horseback riding.

“Although this sale is massive, Colorado citizens’ are objecting to only a small portion of this sale” said Kurt Kunkle, public lands inventory director for Colorado Environmental Coalition.

Of the 170,000 acres to be sold, wilderness advocates have asked that about five percent be withdrawn from the sale. “This five percent includes some of Colorado’s more unique potential wilderness and important watersheds,” Kunkle said.

The auction would include about 8,500 acres of land that citizens have formally proposed for permanent protection as wilderness because of their pristine condition and value for clean water, game habitat, and recreational opportunities.

Currently, the auction would include pristine lands within wilderness areas proposed by citizens such as the Bull Canyon, Dolores River Canyon, Grand Hogback, McKenna Peak, Skull Creek, Snaggletooth, and Kannah Creek, as well as important watersheds on Grand Mesa and along the San Miguel River.

“The San Miguel River is a very unique river in Colorado, relatively small yet loaded with ecological diversity and scenic wonder,” said Mark Pearson of San Juan Citizens Alliance in Durango. “This place has much more value to Americans in its natural state than it does as a gas field.”

“A diverse community of Colorado hunters, anglers, farmers, conservationists, and local city council members have all identified and asked that these lands be protected,” said Steve Smith of The Wilderness Society.

“This is such a boom time for gas leasing and development that companies have outstripped their capacity to actually use their existing leases and drilling permits," said Smith. "Surely the BLM can listen to the public and exercise more discretion to keep gas leases out of these more sensitive and important areas.”

Since April of 2003, 157,000 acres of proposed wilderness areas have been leased for oil and gas drilling - 48,000 in Colorado and 109,000 in Utah.

Some of the areas that would be affected by the February 9 sale are:

  • Bull Canyon has ancient pinion pine forests that have been studied by the University of Arizona and colored bands of exposed sandstones. Antelope, elk and deer all use the area as well as Mexican spotted owls, peregrine falcons and two species of bat. The Utah milk snake, a listed species, is known to inhabit the area.

  • Dolores River Canyon is loaded with cultural sites of prehistoric inhabitants such as tool production areas, rock art panels, and homesites located in alcoves. The area is winter range for bald eagles, elk and mule deer. Bighorn sheep use the area for overall, summer, and winter range, while black bear and mountain lions are found in the area.

  • Skull Creek includes cultural sites dating back 10,000 years. The quality of these sites is outstanding and many are eligible for listing on the National Register of Historic Places. Sites include granaries, rock wall shelters, some pictographs, and a wickiup. Many artifacts have been found in the area including tools, pottery, and juniper bark matting.

  • McKenna Peak proposed wilderness contains fossils from shallow seas that existed 100 million years ago. These formations have eroded into unique scenic landforms, accenting vertical sandstone cliffs and large sandstone boulders.

  • Grand Hogback also provides outstanding wildlife habitat that the Colorado Division of Wildlife (DOW) describes as “the number one priority for bighorn sheep transplants for the northwest region of DOW.” The area provides crucial winter range for elk and deer.

    Sandstones of the Mesa Verde Group and Wasatch Formation form the upthrust beds of Grand Hogback. The Wasatch Formation’s white sandstone is carved into badlands and fantastic teepee-shaped peaks.

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