• Bush's Appeals Court Nominee Dealt Senate Setback
  
• Bipartisan Bill Would Reform Federal Salmon Plan
  
• New Plan Released to Save Southwestern Willow Flycatcher
  
• Bipartisan Bill Would Ban Snowmobiles in National Parks
  
• Legislation Floated to Combat Aquatic Invasive Species
  
• Greenpeace Shifts Emphasis from Green to Peace
  
• Oregon Sets Stricter Rules for Underground Storage Tanks
  
• Conservancy Buys Jewel of Apalachicola River for Park
  

Bush's Appeals Court Nominee Dealt Senate Setback

Republicans vowed to try again, but Democratic leaders warned the vote would be the same unless the nominee, Miguel Estrada, is more forthcoming. Democrats have filibustered Estrada's nomination, blocking a final vote on his confirmation, because he offered little insight into his beliefs and evaded questions during his confirmation hearing.

Thursday's vote to end the month long filibuster fell five votes short of the 60 needed. Conservationists and environmental groups celebrated Thursday's vote. They fear the appointment of a nominee to a lifetime seat on a court that plays a prominent role in environmental protections who has said so little about his views.

"The DC Circuit is the most crucial appeals court for environmental protection, with exclusive authority to rule on whether to enforce or strike down most national environmental safeguards," said Glen Sugameli, senior legislative counsel for Earthjustice, a nonprofit, public interest law firm. "Its decisions are usually final as the Supreme Court, the only court with higher authority, seldom reviews them."

Earthjustice, Sierra Club, Natural Resources Defense Council and at least 11 other environmental organizations oppose Estrada's nomination and worry the Bush administration is trying to pack the courts with right wing ideologues hostile to environmental regulations.

Senators asked Estrada about legal challenges to some of the nation's most important environmental statutes, including the Clean Air Act, Clean Water Act, and Endangered Species Act, but he offered little insight into his views.

Estrada would be the first Hispanic judge to serve on the DC Circuit. He was first nominated by President Bush in May 2001, when Democrats controlled the Senate, but after one hearing, the Senate failed to come to a vote on the nominee.

The President has pledged to stand by his man and called the filibuster a disgrace. "I will stand by Miguel Estrada's side until he is sworn in as a judge," Bush said. "I call on the Senate Democratic leadership to stop playing politics and permit a vote on Miguel Estrada's nomination."

Senate Majority Leader Bill Frist has put Estrada's nomination aside, but said he may bring another vote as early as next week.

Bipartisan Bill Would Reform Federal Salmon Plan

The moves comes in the wake of renewed criticism of the existing Salmon Recovery Plan, released in 2000 as the Biological Opinion on the federal dams in the Columbia Snake River Basin. The existing plan lays out 199 specific measures to be implemented over 10 years to protect salmon and steelhead from the adverse impacts of the federal dam system.

It involves many governmental agencies and departments, including the National Marine Fisheries Service, the Army Corps of Engineers and the Interior Department.

The current plan does not call for the removal of four key dams on the lower Snake River even though government scientists agree this would be the best way to protect and restore the Columbia and Snake River salmon and steelhead.

The bill lays out a framework to move forward if the plan is deemed a failure. The first official review of the plan is due in September.

The legislation would require the National Academy of Sciences to complete a scientific analysis of the actions undertaken in the Pacific Northwest to protect and recover salmon and steelhead listed as threatened or endangered under the Endangered Species Act (ESA).

It would authorize the General Accounting Office to undertake studies to better understand the impacts of partial removal of the four dams and give the Army Corps of Engineers the authority to remove the dams if it is required to comply with the ESA, tribal treaties or the Clean Water Act.

Last week Save Our Wild Salmon, a coalition of conservationists, Native American tribes and members of the commercial and recreational fishing industries, issued a report card that gave the agencies an "F" for their 2002 implementation efforts.

In response, the federal agencies involved in the plan issued a release indicating the criticism was unfair. The agencies gave themselves a "B" for efforts to date.

During the last session of Congress, the Salmon Planning Act was cosponsored by a bipartisan group of 89 members of Congress.

New Plan Released to Save Southwestern Willow Flycatcher

The flycatcher migrates from Latin America and can be found in Arizona, New Mexico, western Texas, southwestern Colorado and southern portions of California, Nevada and Utah. It builds its nests and raises its young in these U.S. locations, but loss of habitat has put the future of the species in jeopardy.

Restoring the riparian areas where the birds nest and raise young is critical to their recovery, said Dale Hall, director of the service's Southwest Region.

The Recovery Plan, he explained, emphasizes actions that restore and enhance riparian ecosystems by maintaining and restoring flowing streams, and cause flood cycles in some years. It outlines efforts to lessen impacts from domestic livestock, wild burros, and native grazers, and to secure long-term protection of breeding habitat, control exotic plant species and to reduce nest parasitism.

The plan was developed by 14 scientists from various disciplines with input from more than 200 team members including ranchers, farmers, water, power and environmental interests, tribes, federal and state land managers, and local governments.

"The input from local people was critical to preparing a workable plan that lays out realistic recovery goals for the southwestern willow flycatcher throughout its seven-state range," Hall said.

The plan details that the flycatcher is some way from recovery. There are currently 986 known territories, which are each the size of an area used by a breeding pair, in southwestern willow flycatcher range.

At least 1,950 geographically distributed territories throughout the bird's range and assurance these can be maintained are required before the flycatcher can be removed from the endangered species list.

Bipartisan Bill Would Ban Snowmobiles in National Parks

The Yellowstone Protection Act was introduced in the Senate by Senators Lincoln Chafee, a Rhode Island Republican, and Harry Reid, a Nevada Democrat. It was unveiled in the House by Representatives Rush Holt, a New Jersey Democrat, and Connecticut Republican Christopher Shays.

"This administration continues to ignore its own scientific evidence and the clear voice of the American people and we will not stand for it," Holt said. "Yellowstone is the people's park, and Congress created the National Park Service over 80 years ago to protect it.

"Today we in Congress are taking action to ensure that the Park Service does not compromise its founding mission. We must protect Yellowstone for future generations of Americans to enjoy."

If signed into law, the measure would overrule the National Park Service's recent decision and ban snowmobiles from Yellowstone and Grand Teton National Parks.

"Science, law and pubic opinion all strongly support phasing out snowmobiles," Shays said.

The snowmobile controversy in the national parks began in 1998 when the park service began studying the effects of snowmobile use on park wildlife, air quality, human health and visitor experience. The study found snowmobile use was damaging all of them, as did a review by the U.S. Environmental Protection Agency.

During a public comment period on the snowmobile rule, some 80 percent of the 350,000 comments received by the Park Service supported the phaseout of snowmobiles, but the Bush administration rejected the rule in favor of snowmobiles.

The outright ban is not needed, the Bush administration said, because daily limits on use of snowmobiles and new technologies can adequately protect the parks.

The Yellowstone Protection Act currently has 134 bipartisan co-sponsors.

"There is a reason that Park Rangers wear gas masks at the west entrance of Yellowstone. It's because they are subjected to a chemical assault," Holt said. "I ask you, is this any way to treat the rangers who work so hard to make sure that all Americans can enjoy their national parks? Is this any way to treat the park itself?"

Legislation Floated to Combat Aquatic Invasive Species

Republican Congressmen Wayne Gilchrest of Maryland and Vernon Ehlers of Michigan and Senators Carl Levin, a Michigan Democrat, and Susan Collins a Maine Republican introduced the National Aquatic Invasive Species Act of 2003 (NAISA).

Aquatic invasive species are readily spread through interconnected waterways and are difficult to treat safely. Hundreds of exotic species arrive in U.S. waters every day through a variety of pathways including in ballast water - water used to stabilize a vessel, attached to boat hulls and through aquaculture.

Recent estimates indicate that invasive species cost the U.S. at least $138 billion per year. Invasive, non-native species are making survival difficult for an estimated 42 percent of the species on the federal Threatened and Endangered Species List.

"NAISA is a powerful tool, a comprehensive approach to the threat of aquatic invasive species in this country," said Steve McCormick, president of The Nature Conservancy. "The Nature Conservancy commends the sponsors for introducing this landmark piece of legislation."

"These invaders disrupt the balance of aquatic ecosystems across the country, causing significant environmental harm, public health problems and economic damage in the hundreds of millions of dollars," said Gilchrest. "Under current law, we're just waiting for the next problem to arrive. This bill allows us to be proactive."

"I am concerned that the U.S. is not advocating a strong enough position on preventing the spread of invasive species via international shipping," said Senator Collins. "In all likelihood, the Asian shore crab was carried to the east coast of the United States in the ballast water of ships, allowing it to spread to Maine just two years ago. We need to adopt strong ballast-water standards in order to stop giving species like this a free ride across the ocean."

The National Aquatic Invasive Species Act expands and strengthens ballast water management programs, establishes a program to target high risk pathways of introduction and mandate prescreening for planned importation of live organisms in trade.

In addition to prevention and research, the National Aquatic Invasive Species Act addresses the need for public outreach and education, early detection and rapid response measures, and control and management of invasive species once they are established.

Greenpeace Shifts Emphasis from Green to Peace

The floating banner was part of the international environmental group’s call for all nations, including the United States, to disarm themselves of weapons of mass destruction through peaceful means. This demonstration follows a series of anti-war protests led by Greenpeace around the world including in the United Kingdom, Australia, China, and the Netherlands.

Greenpeace is opposed to all wars, including a war in Iraq, because, "as well as tragic loss of life, war causes environmental degradation and pollution and can lead to the use of weapons of mass destruction," the organization said.

"‘When will the United States disarm?’ is a question that Americans should begin to ask their government because disarmament must begin at home to ensure global security,” said John Passacantando, executive director of the U.S. branch of Greenpeace.

The United States pulled out of the Anti-Ballistic Missiles treaty in June 2002, which was considered the foundation of global arms control and disarmament. In addition, arms control advocates say the Bush administration is exploring a new class of bunker-busting nuclear bombs and threatening nuclear retaliation for a chemical or biological weapons attack.

“There is no justification for violence against Iraq,” said Passacantando. “If the United States is motivated by Iraq’s oil reserves then the solution is to reduce our dependence on oil through the development and use of clean energy, such as hydrogen, wind and solar energies."

"If the United States’ motivation is to disarm Iraq, then the U.S. must work for peaceful disarmament, and disarm at home as well," Passacantando said. "The world needs the U.S. to recommit itself to global arms control and peaceful disarmament to promote real global security.”

Oregon Sets Stricter Rules for Underground Storage Tanks

The Oregon Department of Environmental Quality (DEQ) runs the state's Underground Storage Tank Program and regulates about 6,100 underground storage tanks at more than 2,000 gas stations throughout the state. The rules are designed to prevent and quickly detect leaks from underground storage tanks that could cause pollution to soil and groundwater.

The new rules include a mandatory training program for underground storage tank system operators, a pilot program that aims to expedite enforcement of underground storage tank compliance violations, and new provisions designed to improve leak detection methods.

Tank owners must pass a national examination to install or decommission their own tank. Repaired and used underground storage tanks must be verified by a tank manufacturer as meeting all performance standards before the tank can be operated.

Because some 70 percent of the facilities inspected by the DEQ do not meet requirements for leak detection, operator training is considered necessary to ensure that tank systems are adequately maintained and operated to quickly detect or prevent leaks.

DEQ is in the process of producing a training manual for tank system operators and expects vendors to sign up to conduct training sessions beginning this summer. Operators are required to complete the one time training by March 2004.

Individuals, companies or organizations that would like to provide training for underground storage tank system operators are encouraged to contact DEQ now. Training vendors must sign up with DEQ and agree to provide training according to information provided in the training manual developed by the agency. For more information about presenting training sessions, contact Mitch Scheel of the DEQ at 503-229-6704.

The DEQ is starting a pilot program to streamline the enforcement of environmental violations associated with underground storage tanks. The new program uses "tickets" issued at fixed penalty amounts for violations discovered in the field by DEQ inspectors. The expedited enforcement process does not deny a tank owners' right to appeal any violation, but people who wish to appeal are not eligible for the expedited track.

The pilot program will be evaluated, and recommendations for continuing or expanding the program will be presented to the Environmental Quality Commission in 2004.

New tank systems installed after March 1, 2003 must be accessible for inspection of overfill equipment. This proposal allows verification that equipment is in place and working properly.

Corrosion protection will be required on all metallic underground storage tanks. Corrosion protection prevents holes from developing and causing leaks.

For more information on DEQ's Underground Storage Tank Program and the revised compliance rules, visit DEQ's website at: http://www.deq.state.or.us/wmc/tank/toc-rul.htm

Conservancy Buys Jewel of Apalachicola River

The Apalachicola River has the largest forested floodplain in Florida. The new parcel is home to as many as 60 tree species, such as tupelo, sycamore and winged elm. In addition, the rare one-toed amphium (Amphium pholeter) inhabits the rich floodplain soils.

The property is so important that the Florida Division of Recreation and Parks has been, "trying to acquire this land for half a century," according to Albert Gregory, bureau chief of park planning.

The property was purchased for $819,000 from Neal Land and Timber Company through their intermediary PDO Inc. In the 1930s, the Neal family donated the bulk of the land that became Torreya State Park. The park protects portions of steep ravines, upland pine and hardwood forests and river floodplains. The region is biologically unique to Florida and is inhabited by many species more commonly found in the Appalachian Mountains.

The Conservancy has worked with Neal Land and Timber Company and the Division of Recreation and Parks for several years to preserve this land.

"We are thrilled to put this incredible piece of land into permanent protection," added Vicki Tschinkel, state director of the Florida Chapter of The Nature Conservancy.

The Conservancy has focused on the Apalachicola River as a priority protection area because of the natural resources along the river and in its downstream estuary, Apalachicola Bay.

The Conservancy recently designated the Apalachicola River and adjoining portions of the Florida Panhandle as one of the top six hot spots of biological diversity in the United States.

Numerous rare and imperiled plant and animal species, such as the federally threatened Gulf sturgeon, occur both within the river and in the forested habitats of its floodplains, ravines and uplands.

The Conservancy plans to convey the property to the state for inclusion in Torreya State Park in the near future. Gregory said, "We are very pleased that this important tract will now be added to the holdings of the Division of Recreation and Parks, as it will help us to better manage the entire ecosystem encompassed by this unique Florida park."