• U.S. Navy Sued to Stop Sonar During RIMPAC War Games
  
• U.S. Carbon Dioxide Emissions Up Again in 2005
  
• Nevada Senator Slashes Nuclear Waste Dump Budget for 2007
  
• Dell Offers Free Product Recycling Anywhere in the World
  
• Electronics Recycling Becomes Law in California
  
• Florida Keys Species Win Habitat Protection
  
• Flat-Tailed Horned Lizard Left Without Federal Listing
  

U.S. Navy Sued to Stop Sonar During RIMPAC War Games

LOS ANGELES, California, June 29, 2006 (ENS) - Conservation groups filed a federal lawsuit Wednesday to stop the U.S. Navy from illegally using high-intensity sonar, which is deadly to whales, during an eight-nation naval exercise that began Monday in a 210,000 square mile area around Hawaii.

Although the exercise has begun, sonar activity during the exercise, called RIMPAC 2006, is not scheduled to begin until next week.

The exercise area includes waters near the Northwestern Hawaiian Islands Marine National Monument, created two weeks ago by President George W. Bush.

The lawsuit filed in U.S. District Court for the Central District of California by the Natural Resources Defense Council (NRDC) and other groups will challenge a last-minute authorization granted Tuesday by the National Marine Fisheries Service allowing the Navy to "take" as many as 25,000 protected marine mammals by blasting high-intensity, mid-frequency sonar during the exercise.

"Take" is a legal term meaning to harass, hunt, capture or kill.

"It is absurd to designate an area a Marine National Monument one week, and then authorize the Navy to threaten endangered whales and other marine mammals in the region with high-intensity sonar the next," said Joel Reynolds, a senior attorney at NRDC and director of its Marine Mammal Protection Project. "It is possible for the Navy to train effectively without needlessly inflicting harm on marine life, and that is exactly what federal law requires."

The suit seeks a temporary order restraining use of high-intensity, mid-frequency sonar during the exercise unless effective measures are taken to prevent harm to marine life.

For RIMPAC 2006, the U.S. Navy received an Incidental Harassment Authorization (IHA) from NMFS, part of the U.S. Department of Commerce's National Oceanic & Atmospheric Administration (NOAA). It is the first time the Navy has sought prior permission to use sonar.

The IHA was "unlawfully issued," the plaintiff groups claim, because federal law prohibits the use of IHAs to authorize activities, like these sonar exercises, that may seriously injure or kill marine mammals. The lawsuit also asserts numerous other claims under the Marine Mammal Protection Act and the National Environmental Policy Act.

The lawsuit was brought by NRDC in conjunction with the International Fund for Animal Welfare, the Cetacean Society International, the Ocean Futures Society, and Jean-Michel Cousteau.

Whales exposed to high-intensity mid-frequency sonar have repeatedly stranded and died on beaches around the world, some bleeding around the brain and in the ears, with severe lesions in their organ tissue.

At lower intensities, sonar can interfere with the ability of marine mammals to navigate, avoid predators, find food, care for their young, and, ultimately, to survive. There is no scientific dispute that intense sonar blasts can disturb, injure, and even kill marine mammals.

Whales, dolphins and other marine mammals have sensitive hearing, and mid-frequency sonar can emit continuous sound well above 235 decibels, an intensity millions of times stronger than exposures that have killed some species of whales. A recent report by the National Marine Fisheries Service said that sonar was a "plausible, if not likely" cause of a mass stranding of 150 melon-headed whales during RIMPAC 2004.

The Navy has resisted precautions for mid-frequency sonar use during RIMPAC 2006 despite repeated efforts by outside groups. Such measures include exclusion zones in protected marine areas; reduced sonar intensity at night and in channels where the risk to marine mammals is greatest; implementing the same expanded 'safety zone' around ships that some allied navies use; and effectively monitoring for marine mammals during sonar drills.

"The Navy has known for years about the risk to marine life, and they have had ample time to plan for it without disrupting their training program," Reynolds said. "Instead, they waited until the last minute to request an authorization, and the authorization they got is illegal."

U.S. Carbon Dioxide Emissions Up Again in 2005

The 2005 emissions increase was the third smallest during the 1990 to 2005 period, exceeding only the emissions declines recorded in 1991 and 2001.

While the economy grew by 3.5 percent between 2004 and 2005, energy demand fell by 0.5 percent. The inflation-adjusted price of motor gasoline rose 19 percent, and the price of residential natural gas rose 16 percent. These price increases in oil and gas helped contribute to the overall drop in energy demand.

Total U.S. energy-related carbon dioxide emissions have grown by 18.4 percent between 1990 and 2005. Energy-related carbon dioxide emissions account for over 80 percent of U.S. greenhouse gas emissions.

At the energy-sector level, preliminary data indicate that:

Carbon dioxide emissions in the residential sector increased by 3.2 percent in 2005, mainly from increases in the residential demand for electricity.

Emissions from the commercial sector increased by 1.9 percent in 2005, also due mainly to increased electricity demand.

Industrial emissions fell by 3.3 percent in 2005 as the U.S. economy continued to move away from heavy manufacturing and as petroleum and natural gas prices rose.

Transportation-related carbon dioxide emissions, which account for about a third of total carbon dioxide emissions, increased by 0.2 percent in 2005. Emissions related to gasoline demand decreased by 0.4 percent, emissions related to diesel fuel grew by 1.0 percent and jet fuel emissions decreased by 0.5 percent.

U.S. carbon dioxide intensity (energy-related carbon dioxide emissions per unit of economic output) fell by 3.3 percent in 2005.

From 1990 to 2005, the carbon dioxide intensity of the economy fell by 24.3 percent.

By 2004 (the latest year of data for all greenhouse gases), carbon dioxide intensity had fallen by 21.8 percent and emissions of total greenhouse gases per dollar of GDP had fallen by 23.4 percent.

The 3.3-percent drop in carbon dioxide intensity of the economy in 2005 is greater than the average reduction of 1.8 percent per year experienced since 1990.

EIA will continue to refine its estimates of 2005 carbon dioxide emissions as more complete energy data become available. A full inventory of 2005 emissions of all greenhouse gases will be available in November using revised energy data and providing a further analysis of trends.

The preliminary estimates are on EIA's website at: http://www.eia.doe.gov/oiaf/1605/flash/flash.html

Nevada Senator Slashes Nuclear Waste Dump Budget for 2007

Reid is the ranking member on the Senate Energy and Water Appropriations Subcommittee, which today approved a bill that would provide $494 million for the Yucca Mountain project in fiscal year 2007 – slightly less than this year's $500 million budget.

President George W. Bush and Congress have both approved the Yucca Mountain site, but Nevada legislators at all levels of government oppose the facility which is supposed to accept 77,000 tons of the nation's high level radioactive waste from nuclear power plants and defense sites.

President Bush had asked for $50 million more for Yucca Mtn. than the amount in the Senate bill, and the Department of Energy estimates it would need twice as much to keep the project on schedule.

"The Yucca Mountain nuke dump has been riddled with scientific, health, and safety problems from the beginning," said Reid. "I don't believe the dump will ever open. I think anything spent on Yucca is a waste of money, so I'm pleased we were able to keep the funding levels low, although it's a shame we're throwing any good taxpayer money after bad."

Ten million of the $494 million budget for next year would be used for a different project – a plan to create interim storage sites outside of Nevada.

The measure contains language instructing the Department of Energy to work with states that have nuclear reactors to identify the need for, and location of, interim storage sites within those states or regions. Nuclear waste could be stored at those sites for 25 years.

The bill upholds the conditions of the Nuclear Waste Policy Act, which specifies that no interim storage can be placed in Nevada.

"My goal is on-site, dry cask storage of nuclear waste," said Reid. "While this bill does not fully accomplish that personal goal of mine, it is a significant step in the right direction."

"This measure will give us time to study the problem of nuclear waste and work towards a solution that is safe and viable, Reid said. "It's a good bipartisan compromise."

The FY ‘07 Energy and Water Appropriations Bill also requires a General Accounting Office audit of the Yucca Mountain budget money. The audit would ensure that all appropriated money is spent in accordance with the Nuclear Waste Policy Act.

The full Committee is expected to approve the Senate bill Thursday. Reid has kept the project's budget at the same level for three years now, without even increases to offset inflation.

Dell Offers Free Product Recycling Anywhere in the World

"We have a responsibility to our customers to recycle the products we make and sell," said Michael Dell, chairman of Dell. "Our direct relationships with consumers allow us to offer this easy and free service and we encourage others in our industry to do so as well."

Dell currently offers consumers no-charge recycling of any brand of used computer or printer with the purchase of a new Dell computer or printer. This service includes home pick-up of the used computer at no charge.

Under its new policy, Dell will provide consumers no-charge recycling of any Dell-branded product, regardless of whether a replacement product is purchased. The service is already available in Europe.

The company plans to launch the service in the United States by September, and globally by November.

"Dell is setting the standard for the industry with this new policy," said Kate Krebs, executive director of the National Recycling Coalition. "Recycling of used consumer electronics remains a challenge and Dell is taking concrete steps to remove the barriers of cost and inconvenience for consumers."

Dell's U.S. consumer recycling offer is available at www.dell.com/recycling and Dell's new global recycling policy can be viewed at www.dell.com/environment.

Electronics Recycling Becomes Law in California

These two new laws represent the first time that California retailers will be required to share in the responsibility for collection and recycling of a problem product they sell.

"California owes a great debt to Assemblymember [Fran] Pavley, who authored both of these bills and has been at the forefront of our efforts to help Californians deal with toxic electronic waste products," said Mark Murray, executive director of the environmental group Californians Against Waste (CAW), which sponsored both bills.

"Three years ago, CAW helped enact the nation's first e-waste recycling law, which is already working to reduce and recycle toxic computer and TV screens, and end illegal dumping - both in California landfills and in the developing world. This year, thanks to Assemblymember Pavley, we have created a take-back program for all rechargeable batteries and cell phones."

Still, Murray observed, existing California e-waste recycling policies address just a fraction of the growing problem.

In February, the California Department of Toxic Substance Control (DTSC) ruled that all electronic waste is toxic and cannot be discarded in landfills. The policy effects the more than 515,000 tons of toxic electronics that have been landfilled annually in California.

"While this is a critically important step, state policy makers have thus far failed to provide California consumers and the environment with the necessary opportunities and incentives to recycle hundreds of thousands of tons of toxic consumer electronics that become obsolete every year,"

Murray is now working to persuade the public and the industry to recycle consumer electronics. "E-waste is recyclable," he said. "Most consumer electronics contain valuable materials like copper, gold and zinc, which can and should be recycled."

"Increasing the recycling rate of all electronic devices is not only imperative for protecting public health, but also for conserving natural resources. The challenge for California and the rest of the planet is educating consumers, developing a convenient infrastructure and covering the costs."

"But there is still important work to be done, most critically our efforts to convince manufacturers to cease the use of toxic materials in their electronic products," Murray concluded.

The California Waste Management Board issued figures showing that in 2004 the California waste stream included 515,374 tons of electronics waste of all types.

There were 226,769 tons of televisions, computer monitors and other items with cathode ray tubes.

There were 119,917 tons of computer-related electronics such as keyboards, laptops, mice, disk drives, and printers.

And there were 93,273 tons of other small consumer electronics such as PDAs, cell phones, camcorders, and digital cameras in the state's waste stream.

In addition, there were 41,394 tons of larger, non-portable electronics such as microwaves, stereos, VCRs, and DVD players.

Florida Keys Species Win Habitat Protection

WASHINGTON, DC, June 29, 2006 (ENS) - To protect species on the Florida Keys, the U.S. Fish and Wildlife Service has released the largest Habitat Conservation Plan (HCP) ever created for Florida.

It was approved last week to cover the federally listed Key deer, the Lower Keys marsh rabbit, and the eastern indigo snake on Big Pine Key and No Name Keys in Monroe County.

"This partnership agreement marks the culmination of years of hard work and the tireless commitment of many people," said Sam Hamilton, the Service's southeast regional director. "It will ensure that Big Pine and No Name Keys, which support the core of the Key deer population, will continue to have the habitat needed to sustain this important species."

Covering an area of approximately 7,000 acres, the Big Pine Key/No Name Key HCP is a conservation strategy that protects the habitat of the endangered Key deer, endangered Lower Keys marsh rabbit, and threatened eastern indigo snake, while allowing limited residential, commercial, recreational, and municipal development on the two keys.

The HCP will result in the acquisition and restoration of more than 500 acres of high quality habitat to maintain the Key deer population and benefit the eastern indigo snake.

In addition, development will be excluded from endangered Lower Keys marsh rabbit habitat and a public education program will be implemented to address threats posed by free-roaming pets.

The HCP directs development toward areas that have been already impacted and away from endangered species habitat.

Flat-Tailed Horned Lizard Left Without Federal Listing

TUCSON, Arizona, June 29, 2006 (ENS) - Protection for the imperiled flat-tailed horned lizard, was again withdrawn today, the third time down the roller coaster of the Endangered Species Act rulings for this lizard that looks like a mini-dinosaur and lives in the lower Sonoran desert of Arizona and California.

Conservation groups and scientists gained some protection for the lizard, Phrynosoma mcallii, last August, but today, Julie MacDonald, a Bush appointee in the U.S. Fish and Wildlife Service, negated its proposed Endangered Species Act protections.

"Despite a multi-party voluntary conservation agreement signed in 1997, flat-tailed horned lizards continue to lose valuable habitat and populations are still declining," said Taylor Edwards, president of the Tucson Herpetological Society.

"A significant threat to the flat-tailed horned lizard is the Yuma Area Service Highway that threatens to divide the last remaining habitat stronghold for this species in Arizona," said Edwards. "We're concerned with the associated urban sprawl that would accompany the highway if it is built, increasing the loss and fragmentation of important flat-tailed horned lizard habitat."

"The flat-tailed horned lizard is fascinating and endangered. It needs Endangered Species Act protection, but [President George W.] Bush refuses to protect imperiled wildlife under the Act," said Daniel Patterson, desert ecologist with the Center for Biological Diversity, based in Tucson.

Protection for the lizard under the Endangered Species Act has been proposed and withdrawn three times, through a number of court cases and appeals.

Last fall, federal Judge Neil Wake, a Bush appointee, ruled that the Department of Interior's "withdrawal of the proposed rule violated the Endangered Species Act and the Ninth Circuit's remand order by failing to evaluate the lizard's lost habitat…"

Judge Wake struck down the Interior Department's decision to withdraw the rule. The lizard was again proposed for much needed and overdue Endangered Species Act listing to help it survive and recover. But that protection has been lost again.

"The administration only looked at habitat quantity, not quality. Much of what the Fish and Wildlife Service calls ‘habitat' is poor – fragmented, degraded and getting worse from off-road vehicles, weeds, urban sprawl and pesticide contamination," said Patterson.

The lizard is especially threatened near Palm Springs, California, in the Coachella Valley.

"We know of only one remaining population of flat-tailed horned lizards left in the Coachella Valley. That's an undeniable indicator of decline for an animal that was once found from the vicinity of Snow Creek and throughout the sandy areas of the Valley," said University of California biologist Dr. Al Muth. "It's ludicrous that the Fish and Wildlife Service won't use the Act to protect the lizard, and it smells more of politics than biology."

The lizard has a broad, flattened tail and long, sharp horns on its head, two rows of fringe scales along its abdomen, a dark stripe along its backbone, and concealed external ear openings. Adults of this species range in size between 2.5 and 4.3 inches long, excluding the tail.

Threats to the lizard's survival include agriculture, urban development, off-road vehicles, geothermal leases, border traffic, gravel pits and highways. Flat-tailed horned lizards feed on native harvester ants, and scientists say pesticide drift may affect ant populations on habitat near agricultural areas, creatin another threat for the lizards.