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AmeriScan: July 26, 2004

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Report Says USDA Overrun by Corporate Interests

OMAHA, Nebraska, July 26, 2004 (ENS) - The U.S. Department of Agriculture (USDA) has been "hijacked" by the agribusiness industry, according to a report by a coalition of family farm and public interest groups.

Many key policymaking positions at the agency are now held by individuals who previously worked for the industry, the report says, and regulatory policy at the USDA reflects a focus on advancing the goals of a few major corporate interests.

The report, titled "USDA INC." was commissioned by the Agribusiness Accountability Initiative and was released Friday at a conference in Omaha sponsored by the Organization for Competitive Markets. The department did not comment on the report.

The initiative includes representatives from Defenders of Wildlife, the Institute for Agriculture and Trade Policy, Public Citizen, the American Corn Growers Association, Center of Concern, Farm Aid, and the Organization for Competitive Markets.

"In its early days, USDA was known as the People's Department," said Fred Stokes of the Organization for Competitive Markets, which first proposed the paper. "Today, it is, in effect, the Agribusiness Industry's Department, since its policies on issues such as food safety and fair market competition have been shaped to serve the interests of the giant corporations that now dominate food production and distribution."

Among several examples, the report 40 page report documents the USDA's continuing support for - and promotion of - agricultural biotechnology, despite a lack of consumer acceptance and concern by farmers over the impact on exports due to international resistance to genetically modified crops.

The report notes that Agriculture Secretary Ann Veneman served on the board of directors of Calgene Inc., a biotechnology company that was later taken over by Monsanto, and the agency's head of biotech regulation, Neil Hoffman, worked for Paradigm Genetics, another biotech firm.

"It is not surprising that USDA is slavishly following the agenda of agribusiness when you consider who holds many of the top jobs at the department," said Philip Mattera, director of the Corporate Research Project of Good Jobs First and author of the report. "The upper ranks of USDA are filled with industry veterans, while people formerly associated with family farm, consumer or public interest groups are just about nowhere to be found."

The report documents how the USDA has taken industry friendly positions on mad cow disease, cattle industry competition, slaughterhouse inspection practices and concentrated animal feedlot operations.

In each of these cases, the report notes the presence of industry veterans among the chief officials responsible for adopting or maintaining these questionable policies.

In addition to working directly for agribusiness companies such as ConAgra and Campbell Soup, top USDA officials came to the department from industry trade associations such as the Food Marketing Institute and producer groups, including the National Cattlemen's Beef Association and the National Pork Producers Council.

These industry groups are closely aligned with big processing companies and are partially funded by them.

The report recommends the department revise its ethics rules to prevent government officials from overseeing policies that directly affect the interest of their former employers. It also calls on Congress to take on a more active review of regulatory appointees and for additional research into "revolving door" conflicts of interest at the agency.

In addition, the alliance suggests Congress evaluate whether the USDA can continue to serve both as a promoter of U.S. agricultural products and a regulator of food safety.

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Weyerhaeuser Fined $900,000 for Air Pollution

WASHINGTON, DC, July 26, 2004 (ENS) - Weyerhaeuser Company has agreed to pay $900,000 to settle alleged violations of federal and state air pollution control laws at a pulp and paper plant in northwestern Pennsylvania that it acquired after the notice of violation had already been issued.

In legal papers filed in federal court in Pittsburgh, Weyerhaeuser agreed to pay $675,000 to the federal government and $225,000 to Pennsylvania and also to improve air pollution controls at its kraft pulp and paper mill in Johnsonburg, Elk County, Pennsylvania.

As part of the settlement, the Washington state based paper giant did not admit liability for the alleged violations, the Department of Justice and the U.S. Environmental Protection Agency (EPA) said Friday.

This enforcement action began in April 1999, when EPA issued a Clean Air Act violation notice to former plant owner Willamette Industries Inc. Weyerhaeuser acquired this plant in June 2002 after the company’s merger with Williamette.

The U.S. Justice Department, the EPA and the state of Pennsylvania alleged that Weyerhaeuser modified and operated two coal fired power boilers without required upgrades to air pollution control equipment.

The complaints also alleged that Weyerheauser failed to obtain required state permits limiting sulfur dioxide emissions, and violated the Clean Air Act standards for fossil fuel fired steam generating units.

In October 2003, the company completed installation of state of the art sulfur dioxide (SO2) scrubbers on the plant’s power boilers, at a cost of about $5.5 million. The consent decree requires Weyerhaeuser to operate these scrubbers in accordance with standards designed to reduce SO2 air emissions by up to 95 percent.

"This settlement will have a significant effect on reducing sulfur dioxide emissions and will go a long way to improving public health," said Donald Welsh, regional administrator for the EPA’s mid-Atlantic region.

Sulfur dioxide contributes to acid rain which destroys lakes, rivers, streams, and crops, and may aggravate existing respiratory diseases such as asthma and emphysema. In addition, sulfur compounds in the air contribute to impaired visibility in large parts of the country.

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Conservationists Sue To Axe Bush Fire Rule

WASHINGTON, DC, July 26, 2004 (ENS) - A coalition of conservation groups has filed suit in federal court to block a Bush administration regulation that expedites forest thinning projects by easing requirements under the Endangered Species Act (ESA).

Under the Endangered Species Act, land management agencies - such as the U.S. Forest Service and Bureau of Land Management (BLM) - are required to consult with biologists at the U.S. Fish and Wildlife Service or the National Marine Fisheries Service before authorizing, funding or carrying out actions that could harm species or critical habitat protected by the law.

The regulations put in place by the Bush administration remove that obligation for actions that fall under the National Fire Plan. Instead of consulting with either agency tasked with enforcing the Endangered Species Act, biologists within the federal land management agencies will make the initial determination of whether there is likely to be an adverse effect on listed species or habitat.

Administration officials say the regulation will allow federal land managers to better protect communities and wildlife habitat from catastrophic wildfires, and contend it will free up biologists to address projects that actually have an impact on threatened and endangered species.

But conservationists are far from convinced and see an inherent conflict in allowing the decision of impact to imperiled species to be made by agencies charged with approval of logging projects.

"If protecting endangered species is such a burden on the Forest Service and BLM, they should produce some evidence, but they have none," said Eric Glitzenstein of Meyer and Glitzenstein, the law firm that is representing the plaintiffs. "Protecting endangered species and protecting people's homes from wildfire are not mutually exclusive, even though the White House wants to pretend they are. They cannot just ignore the parts of federal law they find inconvenient."

The coalition says the forest fire rules allow the Forest Service to designate virtually any project as a fire prevention activity, opening the door to hundreds, perhaps thousands of projects harmful to endangered wildlife.

The groups are also challenging the U.S. Fish and Wildlife Service's for not protecting the Canada lynx and its habitat under the Endangered Species Act.

The plaintiffs in the suit are Defenders of Wildlife, Northwest Ecosystem Alliance, Oregon Natural Resources Council, the Fund for Animals, the Humane Society of the United States, Restore: the North Woods, Kettle Range Conservation Groups, the American Lands Alliance, Center for Biological Diversity, and Mark Skatrud.

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Federal Agents Kill Idaho's Largest Wolf Pack

MCCALL, Idaho, July 26, 2004 (ENS) - Federal officials exterminated Idaho's largest wolf pack last week because the predators had killed more than 100 sheep belong to one Idaho rancher.

All nine members of the Cook wolf pack were shot and killed by agents of the U.S Department of Agriculture's Wildlife Services.

Officials said the pack had killed some 90 sheep last year and resumed preying on the sheep this month. The sheep were grazing on federal and state lands used for grazing by ranchers.

According to the Fish and Wildlife Service, the rancher and herders tried to ward off the wolves but were unsuccessful.

They had camped with the sheep in the allotments and used guard-dogs, crackershells fired from shotguns, radio-activated guard boxes and other methods to scare off the wolves.

Biologists from the Nez Perce Tribe, which monitors wolves for the Fish and Wildlife Service, also attempted to haze the wolves from the area.

"Non-lethal methods were tried, but they did not work and the wolves continued to kill sheep," said Carter Niemeyer, the Fish and Wildlife Service's wolf recovery coordinator for Idaho. "Wolf recovery has been very successful in Idaho, but we've always said we will not tolerate wolves that are confirmed to be chronically killing livestock."

A total of 35 wolves were reintroduced to the central Idaho wilderness in 1995 and 1996.

By 2003, the population had grown to 37 documented packs with an estimated 356 wolves.

Last year, 13 calves, 118 sheep and six guard dogs were confirmed killed by wolves in the state.

Earlier this year the Fish and Wildlife Service authorized killing three wolves for preying on calves and sheep near Bennett Mountain, Idaho.

Agency officials say two additional wolf packs, Partridge and Hazard Lake, are believed to be killing sheep belonging to the same rancher, and control actions may be authorized for those wolves.

The killing of the pack comes amid growing controversy over the federal government's management of gray wolf populations.

The Bush administration has proposed to delist the species from the Endangered Species Act throughout much of the lower 48 states and turn management of the species over to state governments.

Wildlife groups have filed suit in two federal courts to block the delisting proposals - they contend the move would undermine recovery efforts for wolves and say most state governments have little interest in ensuring the survival of the species.

There are some 4,000 gray wolves within the lower 48 states - these animals are spread across less than five percent of the species' historic range.

Delisting in the West rests with federal approval of management plans from Idaho, Montana and Wyoming - in the East, plans from Michigan, Minnesota and Wisconsin must be accepted.

The Fish and Wildlife Service has accepted management plans from Montana and Idaho, but it rejected Wyoming's proposal. Wyoming has filed suit to overturn the agency's decision - the case is pending in federal court.

The state management plans from Michigan, Minnesota and Wisconsin have been approved and the Fish and Wildlife Service is accepting comments on its proposed delisting for the next four months.

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Wildlife Service Reviews Survival Status of Klamath Fish

WASHINGTON, DC, July 26, 2004 (ENS) - The U.S. Fish and Wildlife Service has announced it will continue protecting the Lost River sucker and shortnose sucker under the Endangered Species Act as it reviews the condition of the two fish species.

The two fish are endemic to the Upper Klamath Basin - an area that has been the subject of heated disputes over water use.

Both species live in lakes and reservoirs most of the year and migrate upstream in the spring to spawn.

In 2001, the Fish and Wildlife Service diverted water from the U.S. Bureau of Reclamation's Klamath Irrigation Project in order to protect endangered suckers.

The decision prompted angry protests by local farmers.

The Bush administration decided in 2002 not to enforce the plan, a move that appeased the farmers, but drew sharp criticism from environmentalists and tribal groups.

Both suckers were listed as "endangered" under the Endangered Species Act in 1988 - overfishing, habitat loss and poor water quality are blamed for the decline.

The Lost River sucker can reach 39 inches long and can live at least 45 years; the shortnose sucker can reach 20 inches in length and live as long as 33 years.

The Fish and Wildlife Service's decision included the rejection of a petition from private property owners to remove the two species from the endangered species list.

The agency said the petition does not provide substantial new information to warrant delisting.

The study, known as a five year review under the Endangered Species Act, will be a valuable management activity, according to agency officials, and will help them to understand more precisely the condition of the two species and determine what is needed to assure their recovery.

"Populations of the Klamath suckers declined significantly in the last decade. But potentially important restoration measures are under way that create optimism that the Klamath suckers can be restored to good health," said Steve Thompson, manager of the Service's California/Nevada Operations Office.

The Fish and Wildlife Service is a cooperative partner in federally funded efforts to improve the status of the two species while maintaining the other important community interests throughout the Basin.

Thompson said the agency is "is determined to restore the Klamath sucker population to a viable condition, while meeting the needs of the tribes that rely on the sucker for important cultural benefits and on the local economy."

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More Hunting, Fishing in Wildlife Refuges

WASHINGTON, DC, July 26, 2004 (ENS) - The Bush administration plans to open new hunting and fishing programs on 10 national wildlife refuges and wetland management districts in seven states.

The proposal covers he following areas: Waccamaw National Wildlife Refuge (NWR) in South Carolina; Mountain Longleaf NWR in Alabama; Red River NWR in Louisiana; Cypress Creek NWR in Illinois; Huron, Lake Andes, Madison, Sand Lake, Waubay Water Management Districts (WMD) in South Dakota; and Devils Lake WMD in North Dakota.

In addition, the Fish and Wildlife Service is also proposing to expand recreational hunting and fishing opportunities on seven refuges in Nebraska, Texas, Tennessee, Indiana, Louisiana, Georgia, and South Carolina.

With the changes in this proposed rule, there will be 325 public hunting programs and 283 public fishing programs on national wildlife refuges.

There are 544 national wildlife refuges across all 50 states and several U.S. territories.

"With this proposal, the U.S. Fish and Wildlife Service will have launched over 60 new hunting and fishing programs on national wildlife refuges since 2001, enhancing access and opportunity for millions of Americans to enjoy their favorite outdoor traditions," said U.S. Fish and Wildlife Service Director Steve Williams.

James Connaughton, chairman of the White House Council on Environmental Quality, praised President George W. Bush for "expanding the number of citizen stewards - hikers, anglers, bird-watchers and hunters - who will visit, enjoy, and help care for these vibrant public resources."

In 2003, there were 2.2 million hunting visits to national wildlife refuges and 6.6 million fishing visits.

Although some animal rights groups oppose the policy, hunting and fishing have been an integral part of the national wildlife refuge system since its creation in 1903.

By law, hunting and fishing are two of the six priority wildlife-dependent recreational uses on national wildlife refuges, and individual refuges are encouraged to provide opportunities to hunt and fish whenever they are compatible with the refuge's conservation goals.

The Fish and Wildlife Service annually reviews hunting and fishing programs on national wildlife refuges to determine whether to add, modify or remove them.

The proposed rule is open for public comment through July 30.

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Interest Groups Rally Against Biotech Rice

SACRAMENTO, California, July 26, 2004 (ENS) - A biotechnology's firm to produce pharmaceutical drugs from genetically engineered rice should be rigorously investigated, consumer and environmental organizations said in a report sent to California food, health and environmental agencies.

The groups caution that the biotech rice has the potential to contaminate conventional rice and say the federal government has failed to consider such hazards. California grows some $500 million worth of conventional rice annually.

"Californians cannot rely on the federal government to protect the state's consumers, farmers, and environment from the potential harms of this experimental and unproven pharmaceutical rice," said Dr. Michael Hansen, senior research associate with Consumer's Union. "We urge state authorities to undertake their own investigation because federal agencies have failed to adequately review these concerns."

The groups sent the report to the California Department of Food and Agriculture, California Department of Health Services, and the California Environmental Protection Agency.

The report outlines a number of potential health and environmental concerns about Ventria BioScience's pharmaceutical rice and urges California authorities to impose a moratorium on such crops while state agencies conduct an independent review of the controversial proposal.

Ventria Bioscience was authorized to grow 93 acres of pharmaceutical rice in 2003, the largest reported acreage for any pharmaceutical crop field trial in the nation to date.

Its bid to begin commercial production on 120 acres in southern California this year was temporarily blocked by California and federal authorities.

The company still plans to bring the product to market within two years.

The report, prepared by Friends of the Earth, Center for Food Safety, Consumer s Union, and Environment California, cites numerous scientific studies to highlight the potential health impacts of Ventria's pharmaceuticals, which are artificial versions of the human milk proteins lactoferrin, lysozyme, and alpha-1-antirypsin.

The potential health impacts described in the report include aggravation of bacterial infections, autoimmune disorders, and allergic reactions that have not been evaluated by the U.S. Food and Drug Administration.

"We believe that over time the contamination of food grade rice is virtually inevitable," said Dr. Doug Gurian-Sherman, senior scientist with Center for Food Safety. "It is absolutely critical for state regulators to assess the potential health and environmental impacts of this controversial pharmaceutical crop before any more is planted."

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Columbia River Tribes Sue British Columbia Metals Company

SPOKANE, Washington, July 26, 2004 (ENS) - The Colville Confederated Tribes whose reservation on the Columbia River is downstream of the Teck Cominco smelter in British Columbia, has filed the first lawsuit in which U.S. residents have sued a Canadian company under the Superfund law.

Filed Wednesday in the federal district court for the Eastern District of Washington, the Tribes' lawsuit asks that Teck Cominco be ordered to comply with an administrative order issued by the U.S. Environmental Protection Agency (EPA) in December 2003 to pay for studies of pollution from the smelter.

The Tribes argue that the company's zinc and lead smelting and refining operation at Trail, B.C. has released millions of tons of heavy metals into the Columbia, which have contaminated the fish they take from the river.

Teck Cominco maintains that the the Tribes' suit is an attempt to enforce U.S. domestic environmental law across an international border.

"Teck Cominco committed last year to fund independent human health and ecological studies of metals in Lake Roosevelt at an estimated cost of $13 million. We also committed to pay to clean up metal contamination attributable to our operations to ensure Lake Roosevelt is safe," Horswill said.

"Our offer remains on the table. It's a win for Lake Roosevelt and a win for the people of Washington State," said said Doug Horswill, senior vice president, environment and corporate affairs for Teck Cominco Ltd. "Unfortunately, the EPA, and now the Tribes, prefer litigation instead of a viable, cooperative approach to address the concerns surrounding the lake."

"The suit raises factual issues involving past practices, not current operations at the Trail facility," said Dr. Mark Edwards the company's environmental manager. "Teck Cominco has spent more than $1 billion to upgrade our smelter to improve its environmental performance. It now ranks with the best in its class, and achieves performance levels that meet the highest environmental and health criteria in Canada and the United States."

"We have reduced air emissions at the Trail smelter by 90 percent, while annual discharges to water have been cut by more than 99 percent," said Dr. Edwards. "Recent data from U.S. and Canadian regulatory agencies demonstrate that water quality in the Columbia River is well above the stringent standards set by both nations."

Teck Cominco's position is that U.S. domestic law does not apply to Canadian companies operating in Canada, which are subject to Canadian environmental laws and regulation.

The government of Canada has voiced its objection to the U.S. government about the EPA's attempt to extend its authority into Canada and is seeking to resolve the dispute without resorting to U.S. courts.

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Deep Sea May Be Impacted by Climate Change

SAN DIEGO, California, July 26, 2004 (ENS) - Climate change appears to be affecting marine life more than 13,400 feet below the ocean surface, according to scientists at Scripps Institution of Oceanography.

In a report published in the new issue of the journal "Science," the research team reports that population fluctuations of some key deep sea species correlate with food supplies and significant climatic changes, including El Niño and La Niña.

The paper illustrates a stark contrast in the community structure of the 10 most dominant mobile animals before and after the powerful 1997-1998 El Niño/ La Niña event.

Animals examined as part of the study include deep-ocean sea cucumbers, urchins and brittle stars.

"Large animals, the kind you would be able to see if you were standing on the bottom of the ocean, may be impacted by climate just the same as animals in shallow water or terrestrial environments," said Henry Ruhl of the Scripps Institution of Oceanography.

In 1999, Scripps' researchers showed that seafloor-dwelling animals were experiencing a long-term food shortage.

The new study indicates that food supplies have since increased and that climate, food supplies and the abundance of large animals on the seafloor are linked.

While numbers of some animals decreased when food supplies were low during the 14-year period, certain other species seemed to thrive on such conditions.

For a number of possible reasons, some of these animals may have a competitive advantage during food shortages.

The findings are part of a 14-year study of a deep-sea location in the eastern North Pacific Ocean approximately 136 miles west of Point Conception off the central California coast.

"It is important to study these places on a long timescale because you can not predict what is going to happen by just studying it once," said Ken Smith, a research biologist in the Marine Biology Research Division at Scripps. "If you have changes such as these in such a large portion of the globe, you have got to pay attention to it."

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