• White House Tries to Block Energy Task Force Deposition
  
• Oklahoma Company Slammed by Enviros, Union
  
• Physicians Group Opposes Yucca Mountain Shipments
  
• Oceanographer to Receive National Medal of Science
  
• Park Service Art Program Promotes Eco-Awareness
  
• Online Library Lists Incentives for Private Conservation
  
• Boston Trash Hauler Pays $3.4 Million Fine
  
• Smog Forecast Service Expanded
  
• Solarbrate Events Highlight Solar Power
  
• Improper Trash Disposal Endangers Wildlife
  

White House Tries to Block Energy Task Force Deposition

The Natural Resources Defense Council (NRDC) issued a subpoena to Lundquist on April 30 to depose him and force the Department of Energy (DOE) to release records of who consulted with Lundquist to formulate the Bush energy policy. Lundquist was a DOE employee while serving as the task force's executive director, but the administration has refused to release his records in response to NRDC's Freedom of Information Act (FOIA) request.

"As the administration's top official on the task force, Andrew Lundquist ran the show for Vice President [Richard] Cheney," said NRDC senior attorney Sharon Buccino. "The public is entitled to know what he knows."

The NRDC will oppose the Justice Department's motion for protective order, filed late last Thursday. The dispute will be resolved by Judge Gladys Kessler, the federal judge overseeing NRDC's lawsuit against the Energy Department for failure to comply with the group's Freedom of Information Act request.

"The Bush administration continues to deny the public information about what its government is doing - information to which the public is legally entitled," Buccino said. "This administration is not above the law."

The Bush energy policy, announced to the public last May, relies on the development of oil, coal and nuclear power rather than renewable technologies and energy conservation.

Lundquist is a former top aide to Republican Senators Frank Murkowski and Ted Stevens of Alaska. He was appointed in January 2001 to serve as executive director of the National Energy Policy Development Group, the official name of the energy task force.

Because Lundquist headed the energy task force as an employee of the DOE, he was subject to NRDC's FOIA request. But the agency failed to include his records among the more than 12,000 court ordered documents provided to the NRDC.

The NRDC is represented in the case by the Washington, DC law firm of Meyer and Glitzenstein.

Oklahoma Company Slammed by Enviros, Union

Continental Carbon Company, located just south of Ponca City, Oklahoma, manufactures carbon black, a substance used in tires.

A group of citizens from Ponca City held a news conference and protest at the Oklahoma Department of Environmental Quality (DEQ) in Oklahoma City last week to call on the agency to enforce environmental laws violated by Continental Carbon. The citizens groups include representatives of the Paper, Allied Industrial, Chemical and Energy Workers International Union (PACE) and the Ponca Indian Tribe.

The groups are also calling on the Oklahoma Attorney General's Office and the U.S. Environmental Protection Agency to intercede and investigate the DEQ's relationship with the company for possible conflicts of interest.

The DEQ is accused of assuring the company, after issuing environmental Violation Notices to Continental Carbon on February 4 and 12, that no penalties would have to be paid. A Continental Carbon letter of February 24 states that such a verbal assurance was given by DEQ on the same day that the company received the Violation Notice.

The February 4 Violation Notice followed a complaint made by Continental Carbon employees who suspected the company's drinking water system was unsafe. They also suspected that the hazardous chemical dibutylphthalate was being poured down the laboratory drain.

A DEQ investigation determined Continental Carbon's water supply system to be a "potential health hazard." After closed door meetings with the company, the DEQ issued a Consent Order giving the company six months to fix their system, ignoring the finding of the hazardous laboratory chemical in the company's laboratory sewer.

The February 12 Violation Notice charged the company with wastewater system violations, including illegal discharges of hydrocarbon contaminated wastewater. This followed an investigation of a citizen complaint that confirmed a "black substance" that "oozed from the ground" downhill from Continental Carbon's wastewater lagoon.

The lagoon contained the same hydrocarbon contamination that was leaking out from the ground downhill towards the river. After meetings with the company, the DEQ issued a Consent Order that dismissed this violation and assessed no penalties for the others that were found.

"This company cares as little for the environment as it does its workers," said Ponca City resident and PACE Union member Todd Carlson. PACE Local 5-857 members have been locked out of their jobs in a year old labor dispute over proposed wage and benefit cuts.

More information on Continental Carbon's labor and environmental problems is available at: http://www.fightbackonline.org

Physicians Group Opposes Yucca Mountain Shipments

Physicians for Social Responsibility (PSR) has joined a coalition of public health, environmental and civic organizations to oppose the Yucca Mountain nuclear waste dump and its transportation scheme.

The plan to store 77,000 tons of high level nuclear waste at Yucca Mountain, 100 miles northwest of Las Vegas, Nevada, would bring the waste through 44 states and the District of Columbia. More than 90 percent of that waste would pass through Utah.

The U.S. Senate will vote in July on whether to uphold Nevada Governor Kenny Guinn's veto of the proposed waste dump. Many view this vote as the final referendum on the Yucca Mountain project.

PSR will be broadcasting television spots throughout the month of May, urging Utah Senators Robert Bennett and Orrin Hatch, both Republicans, to support Guinn's veto.

"Senators Hatch and Bennett have the power to stop hauling this dangerous waste through Utah, protecting the health and welfare of all Utahns," said PSR executive director and CEO Dr. Robert Musil. "Utah's citizens deserve better than to host thousands of tons of nuclear waste headed to Yucca Mountain on their highways and through their communities."

Trucks transporting nuclear waste could become frequent sights on I-70 and I-15 and in cities like Salt Lake, Provo and Orem. Emergency response teams and the public health infrastructure in Utah and all across the nuclear waste route are ill prepared to handle a radioactive release, which could result from a terrorist attack or an accident, critics warn.

"A conservative Department of Energy estimate claims that only 66 truck accidents or 10 rail accidents will occur over the span of Yucca Mountain's dangerous transportation scheme," said PSR board member and Salt Lake City pediatrician Dr. Louis Borgenicht. "Even one severe accident would cause up to 18,000 latent cancer deaths and cost over $17 billion to clean up. This is unacceptable to the people of Utah."

"The people of Utah must urge their Senators to action," added PSR board member and Salt Lake City physician Dr. Clara Michaels. "By pursuing this reckless course of action, President Bush and Energy Secretary Spencer Abraham are putting the interests of the nuclear industry above the health of millions of Utahns and tens of millions of Americans."

Oceanographer to Receive National Medal of Science

The National Medal of Science is the nation's highest award for lifetime achievement in scientific research. In its awards announcement, the National Science Foundation (NSF), which administers the National Medals of Science for the White House, noted that Keeling "pioneered studies on the impact of the carbon cycle to changes in climate, collecting some of the most important data in the study of global climate change."

Keeling, a world leader in research on the increase of the greenhouse gas carbon dioxide (CO2) in the atmosphere, has been affiliated with Scripps since 1956. He will receive the medal at a White House ceremony in late May.

"Global climate change is one of the most important scientific, economic, and social challenges facing society today and in the decades ahead. Charles Keeling's research contributions were at the forefront of this field, specifically in detailing increasing accumulations of atmospheric carbon dioxide," said Charles Kennel, director of Scripps Institution of Oceanography. "In the entire complex debate about global climate change, Keeling's 45 year curve of the global accumulation of carbon dioxide has stood the test of time. His research results are pertinent to every human being on the globe."

Keeling was the first to confirm the accumulation of atmospheric carbon dioxide by very precise measurements that produced a data set now known as the "Keeling curve." Prior to his investigations, no one knew whether the oceans and vegetated areas on land would absorb excess carbon dioxide from the atmosphere produced by the burning of fossil fuels and other industrial activities.

Keeling became the first to determine the fraction of carbon dioxide from fossil fuels combustion that is accumulating in the atmosphere.

Keeling's major areas of interest include the geochemistry of carbon and oxygen and other aspects of atmospheric chemistry, with an emphasis on the carbon cycle in nature. He has been a world leader in these studies, changes through the combustion of fossil fuels and changes in land use, and the complex relationships between the carbon cycle and changes in climate.

Keeling also has studied the role of oceans in modulating the atmospheric concentration of carbon dioxide by carrying out accurate measurements of carbon dissolved in seawater. In 1996, Keeling, with his colleagues at Scripps Institution of Oceanography, showed that the amplitude of the Northern Hemispheric seasonal cycles in atmospheric carbon dioxide has been increasing, providing independent support for the conclusion that the growing season is beginning earlier, perhaps in response to global warming.

Park Service Art Program Promotes Eco-Awareness

The program will support site based public art as a catalyst for environmental awareness at the community level in New England, southern California and the Pacific Northwest. The New England Foundation for the Arts (NEFA) and the National Endowment for the Arts (NEA) will work with the NPS on the project.

"This new program celebrates and continues our nation's rich tradition of artists who inspire landscape conservation," said NPS Director Fran Mainella. "The National Park Service is excited to partner with the arts community in preserving and restoring ecologically vital areas for recreation and education."

The Art and Community Landscapes (ACL) program awards grants to artists to work with the NPS, community members and nonprofit groups. Pre-selected communities in each region will host artist residencies and support projects that address local and regional environmental concerns and outdoor recreation.

During a year long residency, the work of the resident artists may include art installations, exhibitions, interpretive media, festivals, or other works informed by the sites and community partners.

"Art and Community Landscapes will provide a platform for artists to interact directly with people and organizations from environmentally sensitive areas," said Sam Miller, executive director of NEFA. "The idea is that through collaboration, thoughtful observation, and creativity, the artists and their community partners will create art that inspires greater awareness and involvement in protecting, restoring, and enhancing rivers, trails, and other special landscapes that contribute to their sense of place, culture and history."

After reviewing an applicant pool of more than 130 proposals, $2,500 planning grants were awarded this winter to three artists or artist teams for each of the ACL regions. Those nine artists or artist teams are now developing project proposals for their assigned region.

This spring, a jury will select one artist or artist team to receive the $50,000 implementation grant for each region. The chosen recipients will begin working with NPS staff, nonprofit partners and local citizens in the selected communities in each region.

New England's project will take place along the developing Northern Forest Canoe Trail, a 740 mile water trail linking Native American canoe routes along the rivers of northern Vermont, New Hampshire, Maine and the Adirondacks of New York.

In the Pacific Northwest, project sites include a greenway corridor along the pristine Clark's Creek in Puyallup, Washington, an interpretive trail illustrating historical stories and natural surroundings along the Hoquartern Slough in Tillamook, Oregon, and restoration efforts along Indian Creek in Caldwell, Idaho.

In southern California, the four project sites include a restoration study of the Arroyo Seco Watershed in the San Gabriel Mountains, the conversion of a railway corridor to a linear park in the city of Whittier, a landscape and habitat restoration plan for Ballona Creek in Culver City, and a trail plan for the Puente Hills in Whittier and La Habra Heights.

More information on the finalists and their project sites is available at: http://www.nefa.org/culture/acl.html

Online Library Lists Incentives for Private Conservation

The Conservation Incentives Library includes the most extensive collection anywhere of information on one of the most effective tools for enlisting landowner cooperation - Safe Harbor agreements - which allow landowners to create or improve habitat for endangered species without fear of new restrictions on land use.

Environmental Defense hopes the information can help turn farmers and forest landowners from adversaries into allies for conserving rare species.

Safe Harbor agreements have already been struck with several hundred landowners on about two million acres of land nationwide. The Safe Harbor concept prompted the reintroduction of the Hawaiian goose - the state's official bird - to the island of Molokai, after an absence of more than two centuries, and helped return the northern aplomado falcon, North America's rarest falcon, as a breeding bird in Texas after an absence of several decades.

The Robert Mondavi wine company is the first in its industry to pursue a Safe Harbor agreement. Last week, the vintner's efforts to improve habitat at its vineyard in San Luis Obispo County moved forward with the publication in the Federal Register of a proposed Safe Harbor agreement.

Mondavi plans to improve habitat for two rare bird species and for the California red-legged frog, the subject of Mark Twain's famous short story, "The Celebrated Jumping Frog of Calaveras County."

"This Safe Harbor agreement will uncork Mondavi's ability to improve wildlife habitat at its vineyard, benefiting the California red-legged frog, which was immortalized by Mark Twain, and two important endangered bird species," said Michael Bean, chair of the Environmental Defense wildlife program.

The Mondavi agreement marks the first for a wine producer and is just the third Safe Harbor agreement developed in California. The agreement, which Environmental Defense helped to prepare, entails riparian restoration along a seasonal stream on the property to benefit the California red-legged frog and two local bird species, the least Bell's vireo and the Southwestern willow flycatcher.

The Conservation Incentives Library is available at: http://www.environmentaldefense.org

Waste Management Boston Pays $3.4 Million Fine

The U.S. Environmental Protection Agency (EPA) reached the proposed settlement with Waste Management last week. The agreement requires the company to pay a $775,000 civil penalty and spend $2.6 million on environmental projects that will improve Boston's air quality and revitalize public waterfront property on Chelsea Creek in East Boston.

The clean air project involves spending $1.4 million to reduce diesel air emissions from 200 Boston school buses, including 150 that will be fitted with special pollution control devices.

The settlement stems from violations of provisions of the Clean Air Act that are intended to protect the stratospheric ozone layer from the harmful effects of chemicals known as chlorofluorocarbons (CFCs) and hydro chlorofluorocarbons (HCFCs). These chemicals, found in coolants, are known to cause the depletion of the stratospheric ozone layer, which protects the earth's surface from harmful ultraviolet radiation.

Under EPA regulations, waste haulers who dispose of household appliances that may contain CFCs or HCFCs, including refrigerators, freezers and air conditioners, must take steps to ensure that these chemicals are not released to the atmosphere. Waste Management was accused of picking up and crushing appliances such as refrigerators and air conditioners during curbside trash pickup operations in Boston, resulting in the probable release of ozone depleting refrigerants.

When the EPA uncovered this illegal practice in 1998, the agency ordered Waste Management to stop crushing appliances. Since then, Waste Management has used flat bed trucks to pick up appliances discarded in Boston.

The case was investigated by EPA's regional office in Boston and was prosecuted by the U.S. Attorney's office there.

Smog Forecast Service Expanded

To help the public prepare for summertime air pollution, when ground level ozone or smog is at its worst, the EPA has updated its AirNow website, which provides forecasts and maps updated every hour on ozone air quality information from monitors in 39 states and Washington, DC. Within the next month, Idaho, New Mexico and Colorado are expected to be added to the system.

The expanded website will also include same day and next day forecasts for more than 160 cities across the country.

These forecasts are based on the EPA's Air Quality Index (AQI), which uses a color coding system to rate air quality as good (green), moderate (yellow), unhealthy for sensitive groups (orange), unhealthy (red), very unhealthy (purple) or hazardous (maroon). The AQI also provides cautionary health statements for each rating.

The EPA shares the AQI forecasts for all major cities in the United States with weather service providers who make the information available to newspapers, television and radio stations.

Smog is created by a chemical reaction between nitrogen oxides and volatile organic compounds in the presence of sunlight. When inhaled - even at very low levels - smog can cause acute respiratory problems, aggravate asthma, reduce lung capacity, inflame lung tissue and impair the body's immune system.

More information on AirNow is available at: http://www.epa.gov/airnow

Solarbrate Events Highlight Solar Power

Students, teachers and parents spent the day at the Lab watching and participating in a variety of student competition events and activities.

The 12th Annual Junior Solar Sprint gave students the chance to design, build and race vehicles whose only energy source was sunlight. Each team started with a motor and a silicon solar cell, which converts light into electricity.

Trophies for the fastest cars were given to students racing Bell Middle School's car, "Self Explanatory," first place; Maplewood Middle School's car, "Gimpy," second place; Berry Creek Middle School, third place; Horizon Community Middle School's car, "Bueblur," fourth place; and Maplewood Middle School's car, "Solar Sharks II," fifth place.

Five design trophies based on technology, craftsmanship and innovation were given to teams from Moore Middle School, first place; Manning Middle School's car, " Windsong," second place; Manning Middle School's car, "Speedy," third place; Centennial Middle School's car, "Chocolate Milk," fourth place; and Horizon Middle School's car, "Bueblur," fifth place.

The Junior Solar Sprint is sponsored by the U.S. Department of Energy, Midwest Research Institute, Battelle, Bechtel, NREL, BP America, U.S. Department of Army, Xcel Energy and the Kaiser-Hill Company.

As part of the K'NEX Design Contest, nine middle school student teams designed and built solar powered models using K'NEX construction toys. Lyons Middle School earned first place while Mead Middle School placed second and Louisville Middle School placed third.

The K'NEX Competition is sponsored by K'NEX.

Students from Merrill Middle School, Smoky Hill High School and Adams City High School participated in the Home Energy Investigation Contest. Each team rated the energy efficiency of homes in their neighborhoods and created posters detailing their findings.

These posters were judged during Solarbrate Education and students from Adams City High School each received $100 for their winning entry. Students from Smoky Hill High School and Merrell Middle School each received $35 for their work.

The Home Energy Investigation Contest is sponsored by the Colorado Energy Science Center, Home Energy Assistance Team, Xcel Energy, Colorado Energy Assistance Foundation, Oakwood Homes, Home Depot, E-Star Colorado, Governor's Office of Energy Management & Conservation and Mathematics, Engineering, Science Achievement organization.

Improper Trash Disposal Endangers Wildlife

Raccoons, skunks, squirrels, birds and other wildlife are attracted to items thrown away in residential and commercial trash. Containers and plastic wrap with food residues in the trash are tempting treats for hungry wildlife, but they also pose a potential danger.

"Wide mouth containers can become death traps when animals get their heads stuck inside and suffocate," said Susan Hagood, wildlife issues specialist at HSUS. "Plastic containers, like some yogurt containers, that are narrower at the top than the bottom are especially hazardous to skunks."

"Plastic wrap mistakenly eaten by hungry animals, possibly even your own pet, can cause an internal blockage - a potentially fatal situation," Hagood added. "And birds and other animals can become entangled in plastic beverage rings."

The HSUS provides the following tips to ensure that garbage and recyclables will not attract or harm wild animals:

• Rinse and Recycle: Rinse all recyclable glass and plastic containers to remove food remnants and odors. Animals like skunks, whose front legs are too short to push containers off their heads, are vulnerable to harm from this type of packaging.
• Cut or Crush: Cut up or crush plastic containers before putting them in the garbage or recycling bin. Cut apart each ring in plastic six pack carriers and other similar packaging.
• Close and Cover: Make sure plastic food wrap is rinsed and contained inside a closed garbage bag. Never throw plastic packaging into open trash cans. Always put garbage out for collection in plastic or metal trash containers with secure covers.

"Remember to properly dispose of containers and plastic wrap when you're hiking, camping, or picnicking, too," Hagood concluded. "It only takes an extra second or two, but it can save an animal's life."