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Supreme Court Upholds Clean Water Act in Everglades Case WASHINGTON, DC, March 25, 2004, (ENS) - The U.S. Supreme Court has ruled that pollutants cannot be pumped into United States waters without a Clean Water Act discharge permit, whether the pump originates the pollutants or just conveys pollutants that originate elsewhere.In its decision Tuesday, the Court sent the case back to the U.S. District Court for the Southern District of Florida to address remaining factual and legal issues as to whether the waters specific to the case are "meaningfully distinct water bodies." The decision came in a case brought by the South Florida Water Management District (SFWMD) over the pumping of pollutants from a stormwater canal into the Florida Everglades. The ruling means that the district can no longer argue that its pump is simply a conduit for pollutants added to the water by others. Seven national environmental groups filed a brief with the court arguing that the very essence of the Clean Water Act’s point source permit program is to address the “conveyance” of pollutants. Exempting conveyance from permitting would have opened the door to serious degradation of cleaner waterbodies by pollutants pumped or piped into United States waters, the groups said. The Supreme Court sided with the environmental groups and the original plaintiffs, the Miccosukee Tribe of Indians and Friends of the Everglades, on that issue. “No one can avoid responsibility for polluting our waters, whether the pollutants come from a pump or from somewhere else,” said Liz Birnbaum, director of government affairs for American Rivers. “Regulating the pumping of pollutants into U.S. waters, regardless of the source, is obviously something Congress meant to do.” The case tested the District’s practice of pumping polluted stormwater uphill from a collection canal in a developed area into a natural wetland area in the Everglades. The river-sized flow of stormwater contains phosphorus and other pollutants. The water management district argued that it does not need a Clean Water Act permit because the pump does not originate the pollutants but merely conveys them from elsewhere. "A South Florida Water Management District victory in this case could have opened the floodgates to skyrocketing waste water treatment and storm water pollution in every community in the country," says Jim Murphy, water resources counsel at the National Wildlife Federation. “Today’s decision is helpful to restoration of the Everglades,” said Bob Irvin, director of U.S. conservation for World Wildlife Fund. “Without controlling the conveyance of pollutants, the River of Grass, and the wildlife that depends on it, cannot be restored.” “If the court had failed to support the Clean Water Act, healthy drinking water and restoration projects everywhere, especially in the Everglades, could have been threatened,” said Bob Perciasepe, chief operating officer at the National Audubon Society. “The Supreme Court recognized this, and refused to allow a harmful loophole in the Act's safeguards.”
Native Leaders Lobby Against Judicial Nominee Myers WASHINGTON, DC, March 25, 2004 (ENS) - Leaders of Native American organizations gathered on Capitol Hill Wednesday to protest the nomination of attorney William G. Myers III to a lifetime seat on the U.S. 9th Circuit Court of Appeals which has jurisdiction over much of Indian Country.The 9th Circuit Appeals Court decides cases in the western region of the United States, which is inhabited by more than 100 Indian tribes representing millions of Indian people, and contains millions of acres of public lands. "In a historic development, Indian tribes today are getting more active in the judicial selection process because they realize how important it is to have judges on the federal bench who are knowledgeable about tribal rights," said John Echohawk, executive director, Native American Rights Fund. The Native Americans say they have not been as strongly opposed to other judicial nominations made by President George W. Bush, but they point out that Myers has spent much of his legal career as a lawyer and lobbyist for mining and grazing interests, and condemn his failure to protect federal trust lands while serving as solicitor of the U.S. Department of the Interior. Officials with the National Congress of American Indians (NCAI), the Native American Rights Fund, the California Nations Indian Gaming Association, National Indian Gaming Association, and other tribal leaders told reporters at a press conference that Myers demonstrated "a blatant disregard for the preservation of desert lands while serving with Interior." Myers was Interior Department Solicitor from 2001 through October 2003. From 1997 to 2001 Myers served as an attorney in Holland & Hart’s Boise, Idaho office. He specialized in natural resources and public lands law, and represented industry clients including Arch Coal, Kennecott Energy, Peabody Coal and the National Mining Association. NCAI President Tex Hall said, "As solicitor of the Interior Department, Myers engineered a major rollback of protections for sacred Native sites on public lands, sites that are central to the free exercise of religion for many Native American people. We dread to think what damage Myers could do as a judge for the appeals court that overseas nine Western states containing scores of Indian reservations. "All of Indian Country, especially those tribes in the Western United States, should be concerned about the possibility Mr. Myers will be appointed to the 9th Circuit Court of Appeals," said Anthony Miranda, chairman, California Nations Indian Gaming Association. The Native Americans hold Myers responsible for allowing the issuance of a permit for a massive cyanide heap leach gold mine on acreage that includes land sacred to the Quechan Tribe of Winterhaven, California, a project also opposed by California Senators Dianne Finestein and Barbara Boxer, both Democrats. The denial of a mining permit to Canada’s Glamis Imperial Gold Company was the result of a multi-year process in which the Quechan Tribe and other concerned tribes actively participated, said Hall. "The decision to reconsider this permit denial was accomplished with a swipe of Solicitor Myers’s pen." The Quechan people were not even consulted. Indian Nations are sovereign governments, recognized in the U.S. Constitution, but while at the Interior Department Myers did not demonstrate understanding of that fact, said Miranda. "His work as Solicitor at the Department of Interior shows he lacks a clear understanding of the government-to-government trust relationship between the Federal government and Indian tribes." The manner in which the Interior Department has handled Native American royalty payments during Miranda's term at the department has drawn court imposed consequences. A federal judge ordered the much of the Interior Department off the Internet last week, shutting down the department's websites for the third time since 2001. The judge ruled the department has failed to fix security holes in its computer system that put at risk energy and mineral royalty payments owed to Native Americans. David Conrad, executive director, National Tribal Environmental Council said the protecting of tribal homelands, natural resources and sacred places is central the survival of Native people, but Myers is "not a man we can support for a lifetime appointment to a court that has such a broad reach over Indian affairs." "His support for the mining industry in the Quechan and Reno Sparks decisions, and subversion of the federal trust responsibility in the Navajo Nation and White Mountain Apache Supreme Court cases had devastating effects on tribal efforts to protect our environment and resources, the health and welfare of our people and our very way of life," said Conrad. Ernest Stevens Jr., chairman of the National Indian Gaming Association, said "Our member tribes in the Western United States under the jurisdiction of the 9th Circuit are not looking for special treatment from the federal judges assigned to the region. We seek, and deserve, impartiality, honesty and competence." Other groups opposing the Myers nomination include: ADA Watch/National Coalition for Disability Rights, Advocates for the West, Alliance for Justice, Buckeye Forest Council, Committee for Judicial Independence, Defenders of Wildlife, Earthjustice, Environmental Working Group, Friends of the Earth, Leadership Conference on Civil Rights, Mineral Policy Center, Natural Resources Defense Council, Northwest Environmental Advocates, People for the American Way, Public Employees for Environmental Responsibility, Sierra Club, and Western Watersheds Project.
No Sparkle in Wilderness Mine Says Tiffany CEO WASHINGTON, DC, March 25, 2004 (ENS) - Tiffany & Co., whose name is synonymous with fine jewelry, has purchased a newspaper ad, not to publicize its latest necklace, but against the mining of silver and copper from beneath nationally designated wilderness lands.In an open letter to Forest Service Chief Dale Bosworth published in Wednesay's "Washington Post," Tiffany Chairman and CEO Michael Kowalski warned that the planned Rock Creek copper and silver mining project in Montana is unsafe for the environment and wildlife. Revett Silver Co. would tunnel under the Cabinet Mountains Wilderness in Kootenai National Forest just upstream from Idaho’s famous Lake Pend Oreille. The mining company would "dig three miles of tunnels under those mountains so that silver and copper could be extracted for three decades," Kowalski wrote. "This huge mine would discharge millions of gallons wastewater per day conveying pollutants to the Clark Fork River and ultimately into Lake Pend Oreille in Idaho, a national treasure in its own right.," Kowalski wrote. "Vast quantities of mine tailings - a polite term for toxic sludge - would be stored in a holding facility of questionable durability. Wildlife already struggling to survive would face new perils." Some 60 Idaho panhandle businesses, as well as county commissioners and city council members, oppose the Rock Creek Mine, but Revett Silver and federal officials say the mine will not cause environmental damage. Kowalski wrote that approval of the mine by the U.S. Forest Service was granted "despite vehement opposition by a coalition of local, regional and national conservation groups, along with local business representatives, public officials and ordinary citizens. The opponents fears are justified," Kowalski wrote in the ad. "We at Tiffany & Co. understand that mining must remain an important industry. But like some other businesses benefiting from trade in precious metals, we also believe that reforms are urgently needed," wrote Kowalski. The jewelry executive called for a revision of the 1872 General Mining Act, writing that, "Other disputes of this nature ... are too often settled in favor of developers because statutes and department regulations tilt that way." Under the authority of the 1872 Mining Law, the Forest Service claimed that they have no choice but to allow the mine to tunnel underneath the Wilderness Area. Mark Rey, undersecretary of the U.S. Department of Agriculture, which is responsible for the Forest Service, told the "Washington Post," that the ad was "uninformed." He criticized Kowalski for not waiting for a scheduled April 15 meeting with Bosworth. The Rock Creek Mine, though currently approved for operation by the Forest Service, is facing legal challenges by local community groups and conservation organizations. Environmentalists were delighted with the jewelry company's position on their side. “We applaud the leadership, vision and business sensibility of Tiffany & Co. on this issue,” said Stephen D’Esposito, president of Eearthworks. “The business community is poised to take a leadership position and recognizes that mining does not have to be done at the expense of communities and the environment and that there are some special places that should never be mined.”
Oceana Seeks End to Trawling on Deep Sea Corals, Sponges WASHINGTON, DC, March 25, 2004 (ENS) - Deep sea corals and sponges in American waters provide essential fish habitat, but they are being destroyed by fishing vessels dragging heavy trawling equipment across the ocean floor. On Wednesday, the international oceans advocacy group Oceana petitioned the U.S. Secretary of Commerce to locate and close coral and sponge areas to vessels fishing with the destructive gear. The Commerce Department has jurisdiction over U.S. fisheries."This is a true emergency," said Dr. Michael Hirshfield, Oceana's vice president for North America and chief scientist. "Oceana is seeking this protection because destructive trawling gear is destroying deep sea coral reefs and gardens at an alarming rate." Current federal regulations allow deep-sea draggers to mow down corals, sponges, and other living seafloor animals with fishing gear that can weigh well in excess of 10 tons. Under these government rules, bottom trawlers rip millions of pounds of this rich living habitat from the sea floor every year. "We think it's outrageous that the federal government's idea of taking care of this problem is to allow continued destructive trawling rather than requiring action to protect these vulnerable deep-sea locations," Hirshfield said. Deep sea corals occur off all the American coasts. Many dense masses of beautiful deep-sea corals and sponges live in the New England seamount chain, which extends southeast from Georges Bank off the coast of Massachusetts. The coral gardens off the coast of the Aleutian Islands in Alaska are some of the oldest and richest marine ecosystems on Earth, Hirschfield says. The extensive Lophelia reefs explored off the coasts of South Carolina, Georgia and Florida, include sponges, corals, sea plumes and other life. Under current law, the Commerce Department is supposed to protect deep-sea corals and sponges because of their value to America's fisheries and because of the immediate threats to ocean health from destructive trawling gear. Oceana says under its regional fishery management proposals, it is possible to maintain productive fisheries and living deep sea corals and sponges. U.S. fishery management councils are required by law to develop management plans that protect ocean habitat essential to a healthy fishery. Oceana continues to work through this process at the regional level, but is frustrated by the slow process and lack of action on the part of the councils. "It takes years to finalize each plan and, notwithstanding limited actions by two councils, not one of the nation's eight fishery councils has yet adopted a comprehensive plan that protects deep sea corals and other essential fish habitat," said Hirschfield. Oceana points out that the Secretary of Commerce has both the authority and responsibility to halt this destruction. The petition asks for limits on the take of corals and sponges, enhanced monitoring systems on fishing vessels, and more research to identify, protect and restore deep-sea corals and sponges that have already been damaged. David Allison, director of Oceana's Stop Destructive Trawling campaign, said, "Deep-sea corals and coral gardens are not just about the fish we eat. They are a vibrant, beautiful and valuable legacy for all Americans." In February 1,136 scientists from around the world signed a letter that called for protection of deep sea coral and sponge ecosystems because they provide habitat for marine wildlife, nurseries for commercially valuable fish, and promise for new medicines. The scientists presented their letter at the Seattle meeting of the American Association for the Advancement of Science, but the trawling has not been stopped.
Entangled Right Whale Gets No Help From Rescuers JACKSONVILLE, Florida, March 25, 2004 (ENS) - An endanagered right whale entangled in ropes and buoys is in trouble off the Carolina coast, but rough seas Wednesday prevented well-intentioned federal and state veterinarians and whale experts from freeing the young male animal.“We were not able to get any of the rope off of the whale today because of high seas, but we were able to collect tissue samples to help assess its health,” said Teri Rowles, lead veterinarian for NOAA Fisheries and the head of the country's Marine Mammal Health and Stranding Response Program. “We will continue to monitor the whale’s location and the weather, and will go out again as soon as possible," Rowles said. As soon as the weather permits, the team plans to sedate the whale to slow its movement and use specially constructed tools to try to remove the lines and the buoys that are wrapped around the its body. Members of the same team unsuccessfully tried a similar rescue in July 2001 off the coast of Cape Cod, Massachusetts. Other members of the South Carolina team include disentanglement and whale experts from the Center for Coastal Studies in Provincetown, Massachusetts, and Florida Fish and Wildlife Conservation Commission. Logistical support is being provided by the U.S. Coast Guard and its crew of the Coast Guard Cutter Yellowfin. On March 19, the team located the whale and was able to remove some of the lines, reducing the drag on the animals. Team members attached a satellite tracking device to track the whale’s position. Since then, satellite data shows the whale has been traveling north. The survival of each and every North Atlantic right whale is essential to the survival of the species since the entire population is now estimated at 300 animals. The species is listed as endangered under the Endangered Species Act. Right whales and all other species of marine mammals are also protected under the U.S. Marine Mammal Protection Act. After a period of intense whaling in the 19th and early 20th centuries, the North Atlantic right whale was on the brink of extinction. Although whaling has ended, right whales are at risk from ship collisions and entanglements in fishing gear and marine debris.
Emerald Ash Borer Eradication Cost Escalates WASHINGTON, DC, March 25, 2004 (ENS) - The U.S. Department of Agriculture is pouring millions of dollars into an emergency eradication effort to wipe out the emerald ash borer, an invasive exotic insect that was first found in the United States less than two years ago.Agriculture Secretary Ann Veneman Tuesday announced an additional $28.2 million in emergency funding for the emerald ash borer eradication program. In January, the USDA earmarked $15.2 million in emergency funding for the program through April. This brings the total funding for eradication of the pest to $43.4 million. “The funds will be used for removal of infested trees and targeted surveillance activities, along with quarantine enforcement in areas affected by the pest,” said Veneman. Native to China and eastern Asia, the emerald ash borer is an invasive species of wood boring beetles that targets ash trees in North America. It was first detected in July 2002 in southeastern Michigan and has since been found in Ohio, Maryland and Virginia. The insect has also invaded ash trees in Windsor, Ontario, Canada. USDA’s Animal and Plant Health Inspection Service has been working with state agencies, universities, greening industries and the international scientific community to develop strategies for the detection, control and eradication of the emerald ash borer. During the early stage of an infestation, when the insect population is low, the initial damage is low, but after two to three years of population increase the tree’s nutrient and water transport system is disrupted. The infested trees wilt and die. The emerald ash borer will kill apparently healthy trees during high beetle population levels which the U.S. Forest Service says are "probably triggered by a few years of hot and dry climatic conditions." This metallic beetle can cause severe damage to ash stands over eight years old, with good sunlight penetration, where the trees have bark fractures that allow the insects to get in. After one to two years of infestation, the bark falls off in pieces from damaged trees, exposing the infested sapwood, the Forest Service says. In the most severe cases, entire stands may be destroyed.
New York Spends $6 Million on Farm Runoff Management ALBANY, New York, March 25, 2004 (ENS) - Drinking water for the residents of Troy, New York comes from the Tomhannock Reservoir. To date, their water supply has been polluted with the runoff from six farms in the reservoir's watershed, but that is about to change. now tha the state of New York has allocated $478,000 to fund pollution control practices on those farms.The farmers will spend the money to address manure and nutrient management with the goal of reducing pollutants entering the reservoir, which provides drinking water for more than 100,000 people in the city of Troy and Rensselaer County. The Tomhannock Reservoir effort is one of 31 projects worth $6.1 million announced Monday by Governor George Pataki to help New York farmers protect the state’s soil and water resources. This assistance comes from the State’s Environmental Protection Fund and is awarded through the New York State Agricultural Non-point Source Abatement and Control Program (ANSCAP). “Improving water quality in our lakes, streams and rivers is important for public health, the environment and for the success of the agricultural community," Pataki said. "This funding will help New York farmers prevent pollution on their farms, which will further safeguard our environment, while also making their farms more viable.” ANSCAP is a competitive grant program that awards cost-share funding to county Soil and Water Conservation Districts to address water quality problems facing farms around the state. ANSCAP projects develop water quality assessments, build runoff buffers and waste management systems for watershed protection, and provide technical assistance to farmers. New York Farm Bureau President John Lincoln said, “Farmers and the environment are going to be forever linked. Funding for non-point source pollution abatement projects is essential for farmers who are voluntarily improving their nutrient management or complying with the Concentrated Animal Feed Operation permits." Some of the other projects include $150,000 for the Yates County Soil and Water Conservation District to development comprehensive nutrient management plans for 43 small and medium-sized farms in the Seneca Lake and Flint Creek watersheds. Many of the participants are new farmers who are bringing land back into agricultural production. The Herkimer County Soil and Water Conservation District will receive $210,100 for implement pollution control practices on six high priority farms in the Steele Creek watershed. Practices include barnyard runoff management systems, milk center waste treatment and disposal systems, manure management systems, and silage leachate control systems. The project will reduce nutrient loading in the watershed, improving the aquatic habitat and drinking water quality.
G8 Leaders to Drive Electric Cars in Georgia SAVANNAH, Georgia, March 25, 2004 (ENS) - President George W. Bush will host the leaders of Canada, France, Germany, Italy, Japan, Russia, and the United Kingdom on Sea Island, Georgia from June 8 through 10 for the 30th gathering of the G8 leaders.During their meeting each of the G8 leaders will travel around the island on DaimlerChrysler Corporation’s GEM electric vehicles. GEM is an American manufacturer of all electric vehicles located in Fargo, North Dakota. The GEM vehicles are classified as zero emissions vehicles. Designated by the National Highway Transportation Safety Administration as low speed vehicles, the electric cars are about 10 feet long and weigh over 1,200 pounds. “These are amazing cars and are ideal for our needs. They look great, function flawlessly, and are sensitive to the environment,”said Barry Bennett, director of Communications for the summit. When the Summit is over, the GEM cars will be auctioned for charity. Other legacies of the Summit will be housed at the St. Simons Lighthouse Museum on Sea Island, Georgia Governor Sonny Perdue announced Wedesday. “We are honored that President Bush has selected coastal Georgia as the site of this esteemed international meeting and we're grateful for the opportunity to expose our beautiful coastline to the world,” said Governor Sonny Perdue. “The lighthouse is the single most distinctive and recognizable symbol on St. Simons and is the most appropriate venue in which to showcase this historic event and educate future generations.” The project will be housed in a new state-of-the-art Coastal Heritage Center on the lighthouse grounds. A St. Simons Light has continually provided navigational guidance to vessels off the Atlantic Coast since 1807. Fred Cooper, chairman of the G8 Host Committee said, “Together we will work to create a legacy that not only highlights the significance of the 2004 G8 Summit, but also incorporates coastal Georgia's character and unique ecology, such as its sea turtles, shrimping industry and pristine shoreline.” |
