• Public Health Advocates Seek Funding from Congress
  
• EPA Allows Child Exposure to Rat Poison, Lawsuit Alleges
  
• Vermont Nuclear Plant Power Increase Prompts Public Concern
  
• Nuclear Regulatory Commission Seeks Public Input
  
• Florida Panther Whistleblower Fired
  
• Wyoming Wolves Threatened with Poisoning, Trapping, Shooting
  
• Checkerspot Butterfly Survival Cost $8.6 Million Over 20 Years
  
• Virginia Tech Mollusk Research Center May Produce Purple Pearl
  

Public Health Advocates Seek Funding from Congress

Today some of the 13,000 conference delegates will walk the halls of Congress in an attempt to drum up support for more public health funding.

The association wants lawmakers to know that:

• Asthma is reaching epidemic proportions. More than 31 million Americans have been diagnosed with asthma, costing the U.S. economy $13 billion annually.

• Screening for infectious diseases like SARS, West Nile virus and the flu is highly inconsistent across states, leaving every community more vulnerable to the exponential spread of germs.

• More than 76 million Americans will be affected by food-borne illness in 2004.

• Lead continues to poison children; birth defects remain the number one cause of infant mortality in the United States.

• Health promotion programs are variable and under-funded; most states are lacking the basic resources to adequately address and track a host of diseases, injuries and conditions.

This year’s report reveals that the rate of improvement in public health is slowing due to a combination of personal, community and public health issues. During the 1990s, health in the United States improved by an annual rate of 1.5 percent each year. But during the 2000s, health has improved by an annual rate of only 0.2 percent each year – one-eighth the rate experienced during the 1990s.

This year’s report highlights the prevalence of obesity, the infant mortality rate – which has experienced its first increase in 40 years – and access to essential health services as priorities for action,” said Dr. William McGuire, chairman of the United Health Foundation board.

Minnesota, New Hampshire and Vermont are the healthiest states in the country, followed by Hawaii, Utah and Massachusetts. The least healthy states are Tennessee, Mississippi, and Louisiana.

National health care spending is now $1.7 trillion and health threats continue to rise, the association says. "The United States cannot effectively address escalating health care costs without investing in public health programs that reduce these costs through prevention, control and treatment of disease and injury."

On Wednesday, the association will hear a special session on the 2002 report, "Schools of Ground Zero," by Claire Barnett, executive director of the Healthy Schools Network who commissioned the report. The report documents the actual evacuations of the nearly 6,000 children who attended the seven public schools located in the World Trade Center impact zone and has the only known data on child health effects after the attacks of September 11, 2001.

EPA Allows Child Exposure to Rat Poison, Lawsuit Alleges

The West Harlem Environmental Action (WEACT) and the Natural Resources Defense Council (NRDC) filed the lawsuit in federal district court in New York City.

The agency introduced safety regulations in 1998 that would have protected children from the poisons, but it revoked those regulations in 2001. Tens of thousands of children are poisoned every year; African-American and Latino children suffer more than other children, the groups claim.

In 1998, when the EPA determined that rat poison exposures are an unreasonable health risk in violation of federal pesticide laws, it refused to approve rat poisons unless manufacturers included two safety measures to protect children - an ingredient that makes the poison taste more bitter and a dye that would make it more obvious when a child ingested the poison.

But in 2001, the EPA revoked the safety regulations, announcing that it "came to a mutual agreement with the rodenticide [manufacturers] to rescind the bittering agent and indicator dye requirements."

The number of reported child poisonings has increased annually since EPA's policy reversal, according to Poison Control Center data. Every year more than 15,000 children under age six accidentally eat rat poisons, and several hundred require hospitalization. Poisoned children can suffer from internal bleeding, bleeding gums, and anemia, and can go into a coma.

"The EPA is allowing the chemical industry to continue to sell rat poisons without adding ingredients that would protect children," said Aaron Colangelo, an NRDC attorney. "There is an easy and effective solution to the problem, but the agency sided with industry instead of our kids."

Rat poisons harm children in all communities, but African-American and Latino children and children living below the poverty level suffer a disproportionate risk, the two groups charge.

In New York state, 57 percent of children hospitalized for rodenticide poisoning are black, although only 16 percent of New York state's population is black; 26 percent of hospitalized children are Latino, although Latinos comprise only 12 percent of the state's population; and 17.5 percent of the children hospitalized are below the poverty level, although children living below the poverty level comprise only 13 percent of the state's population.

Studies have found that the safety measures do not undermine the effectiveness of the rat poisons. One manufacturer already includes a bittering agent in a leading rat poison sold in the United States because it is required in other countries, and has found it to be equally effective at killing rats as poisons without the bittering agent.

"There is no tradeoff between more child poisonings on the one hand and more rats on the other," said Veronica Eady, general counsel for WEACT. "These basic safety measures would protect children without making the rat poisons less effective at killing rats."

Millions of pounds of rat poisons are applied nationally every year. In New York City, rat poisons are used heavily in public housing, public schools and city parks. Some 800 pounds of these rat poisons were used in the General Grant Houses in West Harlem in 2000 alone, and the same rat poisons were used in nearby Morningside Park, as well as two elementary schools in the same neighborhood. As a result, children living in the General Grant Houses - and likely in other areas of the city - may be exposed to these rat poisons at home, at school and in local parks.

WEACT and NRDC are filing the lawsuit to challenge EPA's reversal of the child safety measures. The groups charge EPA's policy reversal violates the Federal Insecticide, Fungicide, and Rodenticide Act and the Administrative Procedure Act.

Vermont Nuclear Plant Power Increase Prompts Public Concern

See the Vermont Yankee inspection results online at: http://www.nrc.gov/reactors/plant-specific-items/vermont-yankee-issues.html

Nuclear Regulatory Commission Seeks Public Input

Each year the NRC seeks feedback to help the agency continue to improve its regulatory approach. In particular, the NRC would like the public’s answers to a list of 20 questions relating to the Reactor Oversight Process.

The agency wants to know if the information in the inspection reports is useful to you?

"Is the ROP understandable and meaningful, and are the processes, procedures and products clear and written in plain English?" the NRC asks.

And the agency wants to know if the public has had enough opportunity to participate in the Reactor Oversight Process and provide input and comments.

All 20 questions are contained in the Federal Register notice of the request for comment, which was published November 1. The notice is available by clicking here.

Comments are welcome through December 16. Comments may be e-mailed to nrcrep@nrc.gov or mailed to Chief, Rules and Directives Branch, Office of Administration, Mail Stop T-6D59, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001.

Florida Panther Whistleblower Fired

The agency’s action comes 10 weeks after a federal court found the agency guilty of scientific fraud on the same grounds raised by the terminated employee.

“This case is about whether scientific dissent will be tolerated under the Bush administration,” said PEER General Counsel Richard Condit who will be leading Eller’s legal challenge of his firing. “A federal court found the agency knowingly used junk science to okay projects, but the official committing the fraud gets a commendation while the one who exposed it is fired.”

PEER and Eller have 30 days to appeal the termination to the federal civil service court called the Merit Systems Protection Board. The Board can immediately restore Eller pending final resolution of the matter. In the meantime, the Service has yet to act on Eller’s charges of scientific fraud against it. A three-member review committee empanelled by the Service is slated to produce findings later this fall.

Eller, a biologist who has worked with the Service for 18 years, had spent the past 10 years working in the Florida panther recovery program. This spring, he filed formal charges that studies relied upon by the Service to make decisions about proposed development in Southwest Florida inflate thepanther population and inaccurately minimize habitat needs.

One week after that filing, the agency proposed his termination. On Friday, the Service finalized Eller's termination.

Contending that its actions were motivated solely by the timeliness of Eller’s work, officials with the Service did not reply to Eller’s affidavit citing evidence of retaliation.

Eller says he was threatened by supervisors for voicing biological concerns about the effects of development projects in panther habitat. He claims he was ordered to delete “jeopardy” findings from biological opinions.

He says supervisors ignored scientific flaws that Eller raised, including unrealistic assumptions about panther reproduction rates and kitten survival.

Considered among the most endangered mammals on the planet, there are only an estimated 87 Florida panthers left in existence.

Wyoming Wolves Threatened with Poisoning, Trapping, Shooting

The Sierra Club and Natural Resources Defense Council are represented by the nonprofit, public interest law firm Earthjustice in their efforts to ensure that wolves are not subject to unregulated poisoning, trapping, and shooting outside of national parks.

Currently gray wolves in Wyoming are protected by the Endangered Species Act. The Fish and Wildlfe Service is considering whether to “delist” wolves in the Northern Rockies and turn management over to the states. Before that can happen, Idaho, Montana, and Wyoming must develop management plans that are sure to maintain viable wolf populations.

Twenty-eight Wyoming based groups representing agricultural and outfitting interests filed suit in September, challenging the U.S. Fish and Wildlife Service’s refusal to approve Wyoming’s wolf management plan.

These interests plan to manage wolves as predators subject to indiscriminate killing throughout 90 percent of their range in Wyoming outside of Yellowstone and Grand Teton national parks. The Fish and Wildlife Service has concluded that Wyoming’s plan falls short.

The groups challenging this decision maintain that wolves are “severely” impacting livestock operations, elk numbers, and tourism revenues.

Louisa Willcox of the Natural Resources Defense Council says, “These are just more fairy tales about wolves. What we’ve actually seen over the last nine years since the Yellowstone reintroduction is that wolves are barely making a dent on livestock and elk, and tourism revenues are up year after year, in large part because wolves are attracting so many visitors from all over the country.”

“Let’s get real," said Abigail Dillen, an attorney with Earthjustice. "Wolves kill fewer than 15 sheep in Wyoming every year. Three times as many sheep die from overeating. Ten times as many die from eagle attacks. Does that mean we should have an open season on eagles?”

“Wyoming needs to come forward with a balanced approach to managing wolves," Dillen said. "The state doesn’t classify mountain lions and black bears as predators that can be killed at any time by any means. There is no legitimate reason to treat wolves any differently.”

“Wyoming wants to throw away a huge investment in wolf recovery and bring back the bad old days of poisoning, trapping and shooting wolves on site,” said Steve Thomas of the Wyoming Sierra Club’s Sheridan office. “That’s no way to ensure a healthy wolf population.”

Checkerspot Butterfly Survival Cost $8.6 Million Over 20 Years

The draft economic analysis suggests that the present value of future conservation measures associated with the butterfly is expected to range from $533,000 to $816,000 annually.

Estimates of the present value of expected future economic impacts of butterfly conservation measures range from $5.6 million to $8.6 million over 20 years.

Private entities are projected to bear 62 percent of the increased costs of butterfly conservation. Federal agencies other than the Service are anticipated to bear 25 percent of the total cost of butterfly conservation, the Service 12 percent, and state and local governments the remaining one percent.

More than half of these costs result from anticipated project modifications primarily associated with utility projects, agriculture and ranching, and U.S. Forest Service land management. The remaining costs are administrative.

There would be a reduction in livestock grazing on portions of the James Canyon and Pumphouse allotments in Lincoln National Forest, the analysis projects.

The Sacramento Mountains checkerspot butterfly has a wingspan of about two inches and the wings are checkered with dark brown, red, orange, white, and black spots and lines.

The butterfly inhabits meadows within the mixed-conifer forest at an elevation between 8,000 and 9,000 feet in the vicinity of the Village of Cloudcroft, Otero County, New Mexico.

The caterpillars are generally found feeding on New Mexico penstemon or valerian, while the adults eat sneezeweed nectar.

The Service is soliciting comments on whether the economic analysis identifies all state and local costs. The agency also wants to know whether the economic analysis makes appropriate assumptions regarding current practices and likely regulatory changes imposed as a result of the listing of the species or the designation of critical habitat.

In addition, comments are south on whether the economic analysis correctly assesses the effect on regional costs associated with land use controls that derive from the designation among other things.

The 76 page economic analysis is found by clicking here.

Comments may be submitted in writing to the Field Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna Road NE, Albuquerque, 87113 or be sent by facsimile to 505-346-2542 or be sent by email to R2FWE_AL@fws.gov. Copies of the documents can be found on the internet at: http://ifw2es.fws.gov/Library/ or requested from the above address or by calling 505-761-4706.

The Service, Otero County, Village of Cloudcroft, and the U.S. Forest Service recently drafted a conservation plan for the butterfly and accepted comments through Monday. The goal of this strategy is to establish conservation measures needed for the continued existence of the butterfly.

All draft documents and any information submitted during the comment period will be used for making a final determination on whether the butterfly should be considered endangered, the Service says. The final listing determination will be published in the Federal Register in December.

Virginia Tech Mollusk Research Center May Produce Purple Pearl

Fisheries Professor Richard Neves, head of freshwater mussel research at the college, got the center up and running with grants from the National Fish and Wildlife Foundation and The Nature Conservancy, along with other foundations.

The facility sits on two remote acres of land behind engineering labs and includes a 2,000 square-foot research center, a quarter-acre pond, storage buildings, a water well, and a lab.

"Our researchers produced nearly 50,000 juvenile mussels last year and can produce up to 100,000 juveniles per year depending on the availability of the species," said Neves.

While propagation is one of the main objectives of the center, researchers also work on other projects. They are responsible for surveys at the Virginia Department of Transportation bridge sites, an annual project that requires at least 20 surveys each summer.

Another project involves an experiment to see whether or not researchers can use the blood chemistry of mussels to determine whether the bivalves are stressed or not. "Right now, the mussel is either alive or dead, and we can’t tell how healthy it is," Neves said.

"We are also studying whether the pink heelsplitter mussel is able to produce what would be the only natural purple pearls on the market," said Neves. This mussel is not endangered, but lives in medium to large rivers throughout the Midwest in mud or mixed mud, sand, and gravel. Its highly iridescent pearl is usually purple or pinkish purple, rarely white.

Students have a unique opportunity to study the bivalves and can turn that experience into job offers, Neves says. "Students who graduate with either a master’s degree or Ph.D. find jobs right away because many states want to have a malacologist [mussel specialist] on staff," said Neves. "People who are trained in traditional fisheries don't get that kind of training. They don’t get the experience or expertise with mollusks."