- AmeriScan: October 3, 2003 Environment News Service (ENS)
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AmeriScan: October 3, 2003

Four Ghost Ships Will Be Towed Across the Atlantic

WASHINGTON, DC, October 3, 2003 (ENS) - Four obsolete ships loaded with polychlorinated biphenyls (PCBs) and asbestos will be towed across the Atlantic Ocean as early as Friday, now that a federal district court judge has given her approval.

Judge Rosemary Collyer of the Washington, DC, federal district court partially denied and partially granted a request for a temporary restraining order to keep the ships in port brought by the law firm Earthjustice on behalf of the Basel Action Network and the Sierra Club.

The ruling will allow the U.S. Maritime Administration (MARAD) to immediately tow four of 13 decaying naval vessels from the James River in Virginia to a scrap yard in Teeside, in northeast England even though environmental assessments have not been done in accordance with federal laws.

The decision puts a hold on the remaining nine ships until after a second court hearing on October 20.

The ships are in the National Defense Reserve Fleet, commonly known as the Ghost Fleet as all the life has gone out of the gray, aging hulks.

“Clearly the judge is concerned, but the Bush administration is still being allowed to begin a needlessly risky venture that puts the health of the global environment and two coastal communities in serious jeopardy,” said Jim Puckett of the Basel Action Network.

“We have strong faith that despite this foolhardy launch of the first of these dilapidated toxic time bombs toward foreign shores, sanity will soon prevail and this misguided scheme will itself be scrapped.”

The UK Environment Agency has informed MARAD that allowing any of the U.S. ghost fleet to sail to Britain "before all required regulatory approvals are in place...may lead to the ships being repatriated to the United States."

There is not even a dry-dock facility in place, which is a requirement of the contract.

According to Friends of the Earth UK, all of the planning permissions to build a seawall or bund to create a drydock basin have not been given and may never be given. If the permissions are not in place when the ships arrive in England, they might be sent back across the North Atlantic, a needless doubling of a highly risky venture.

"This round one decision is by no means a final decision on whether it's legal to export these toxic ships to another country," said Earthjustice attorney Martin Wagner. "We believe the court must find that any exemption to the PCB export ban can only come after the public has had a chance to weigh in."

Judge Collyer’s decision comes at a moment when a new hurricane Kate has formed and is bearing westward toward the coast of the United States.

“It is hard to understand the Bush administration’s rationale for placing the global environment and sensitive ecosystems like the Chesapeake Bay at needless risk, when we have companies right here in Virginia that can dismantle and recycle these ships safely, said Sierra Club’s Michael Town.

“This is doubly puzzling when we now learn that an adequate dry-dock facility to recycle the vessels is not in place in England as is required.”

The Maritime Administration said today that it welcomes the opportunity to demonstrate with a four ship pilot program as authorized by Congress, "that our plans to export 13 ships from the James River Reserve Fleet to the AbleUK facility in Teesside, England is environmentally responsible and fiscally sound."

As a result of the court order, AbleUK has agreed to a contract modification to enable the four ships to proceed to its facility this fall. Subject to a resolution of the outstanding issues raised by the lawsuit, MARAD said, the remaining nine ships will depart the James River Reserve Fleet in the spring or summer of 2004.

* * *

Top Interior Lawyer Resigns Under Fire

WASHINGTON, DC, October 3, 2003 (ENS) - The complaint of two environmental groups to the U.S. Office of Government Ethics (OGE) that Interior Department Solicitor William Myers met with former grazing industry clients in violation of an ethics agreement has led to Myers' resignation.

Myers announced Wednesday that he will step down October 10 and return to his home in Idaho. Myers has been nominated for a post on the 9th U.S. Circuit Court of Appeals, but the Senate has not confirmed or denied the nomination.

Today, the two groups that filed the initial complaint - Friends of the Earth and Public Employees for Environmental Responsibility (PEER) - filed a second complaint with the OGE. It alleges that Myers continued to meet with a former client, the National Mining Association, in violation of an ethics agreement.

Prior to his appointment as Interior’s top lawyer, Myers was a registered lobbyist on coal and coalbed methane issues for the mining industry organization.

“Leaving the Interior Department does not absolve Myers of his ethical problems,” said Kristen Sykes, Interior Department watchdog for Friends of the Earth. “It is imperative that the Interior Department do a thorough investigation of Myers’ conduct as he awaits confirmation to the second highest court in the land.”

Prior to his appointment as the Department of the Interior's top lawyer, Myers was the executive director of Public Lands Council and represented the National Cattlemen's Beef Association, the American Sheep Industry Association and the American Farm Bureau as a lobbyist.

All of these groups have dealings with the Interior Department on grazing issues. Myers signed a recusal agreement effective July 2001 barring him from participating in any matters involving his former clients or former employer for one year.

“These concerns speak to the fitness of Myers to serve on the 9th Circuit,” said PEER General Counsel Dan Meyer who prepared the complaints. “Myers’s actions create a distinct appearance of impropriety.”

Friends of the Earth has also lodged a similar complaint against Deputy Interior Secretary Steven Griles.

* * *

Groups File Suit to Block Wisconsin Power Plant Settlement

MILWAUKEE, Wisconsin, October 3, 2003 (ENS) - The Sierra Club, Clean Wisconsin and the Citizens' Utility Board have filed suit in federal court to block a proposed settlement between the federal government and WE Energies, the state's largest polluter.

The settlement stems from allegations that WE Energies violated the federal Clean Air Act by modifying its five coal fired plants without installing modern pollution controls.

In May, the federal government announced that We Energies would pay a fine of $3.2 million and spend more than $600 million to install pollution control equipment at the five coal fired power plants as part of a settlement with the U.S. Justice Department and the Environmental Protection Agency.

The settlement resolves charges that the company violated the New Source Review requirements of the Clean Air Act. The New Source Review program requires that new pollution controls be installed when plants are expanded or modified.

The groups claim that the settlement would "sweep away" WE Energies' liability for two decades of air pollution violations at its "old, inefficient and unreliable power plants" in Wisconsin and Michigan.

The groups object to the settlement because it does little to curb air pollution being emitted by the Menomonee Valley power plant in downtown Milwaukee and the Michigan Presque Isle power plant on the shores of Lake Superior. Instead, the settlement delays cleaning up these polluted power plants for at least 12 more years, they complain.

The settlement does incorporate WE Energies' longstanding business plans to retire or clean up its Port Washington, Oak Creek and Pleasant Prairie power plants before 2015.

The unlawfully modified power plants have released, and continue to release, massive amounts of illegal air pollution into Wisconsin and Michigan skies every year, the groups say.

The citizens' lawsuit comes shortly after Wisconsin Attorney General Peg Lautenschlager criticized this settlement and other Bush administration clean air actions as harmful to the citizens of Wisconsin.

According to a 2000 Clean Air Task Force study, air pollution from old power plants causes 448 premature deaths and 9,340 asthma attacks each year in Wisconsin, including 163 premature deaths and 3,370 asthma attacks annually in the Greater Milwaukee area.

"After decades of air pollution violations, WE Energies needs to do more to reduce its coal pollution that causes premature deaths and asthma attacks," said Marc Looze, clean air campaign director for Clean Wisconsin.

"Milwaukee residents deserve better from WE Energies. Since the Bush Administration settlement fails to address ongoing air pollution violations, our groups have no choice but to intervene to protect the health of Southeast Wisconsin families," Looze said.

"WE Energies' polluting power plants release more harmful air pollution than any other company in Wisconsin," said Bruce Nilles, Sierra Club's Midwest Representative. "We can do better."

The lawsuit comes at a time when WE Energies is pursuing plans to build three new coal fired power plants at Oak Creek.

* * *

U.S. Furthers CAFTA by Supporting Organic and Humane Products

WASHINGTON, DC, October 3, 2003 (ENS) - The United States will make a $500,000 contribution to the Humane Society to support environmentally sustainable and humane agriculture as well as the protection of wildlife and habitat in the Central American nations currently negotiating a U.S.-Central America Free Trade Agreement (CAFTA), says U.S. Trade Representative (USTR) Robert Zoellick.

Zoellick indicated Thursday that the contribution would be made to the Humane Society of the United States' CAFTA Alliance Fund through the U.S. Agency for International Development (USAID).

The Humane Society and USAID will work together to assist small producers in CAFTA nations to sell organic products to markets in the United States and elsewhere.

The trade official made the announcement in San Salvador, El Salvador, at Shuchil, a small Salvadoran company that produces organic soaps, including a line of natural shampoos and soaps for pets. Many of the products are made from traditional Mayan formulas and ingredients.

Shuchil is operated out of the home of Matilde Carillo de Palomo in San Salvador. Most of the company's employees are women from rural areas outside of San Salvador. Shuchil is seeking to expand its exports of a line of natural pet products, such as shampoos and soaps for pets. The Humane Society will provide technical assistance to Shuchil in having its products certified and sold under the "Certified Humane" label in the United States and Europe.

"We appreciate the leadership and creativity of the Humane Society in working to support sustainable trade with Central America," Zoellick said. "This grant shows that the U.S. government, environmental groups and the private sector can work together to find win-win solutions that help everyone benefit from the CAFTA."

Zoellick visited Central America for three days to discuss the ongoing CAFTA negotiations with the Presidents of Costa Rica, El Salvador, and Nicaragua; Central American trade ministers; legislators; and, members of the private sector and civil society.

"There is a growing market in the United States for organic and environmentally friendly products," said Zoellick. "In this project, USAID will join with the Humane Society to assist small producers in our Central American FTA partners who want to sell organic products to high value specialty markets in the United States and elsewhere."

The $500,000 contribution will help support humane slaughter of animals, in addition to improving customs regulations to control illicit trade in animals. A sustainable agriculture component of the program will support the export of organic products such as Shuchil's shampoos and soaps, the export of organic cacao, and the promotion of high quality organic coffee.

The Humane Society of the United States (HSUS) is a member of the Trade and Environment Policy Advisory Committee, which advises the U.S. Trade Representative and the U.S. Environmental Protection Agency on international trade and environmental issues. HSUS was one of the first non-governmental organizations to become a resource partner in capacity building efforts supporting the CAFTA negotiations.

The CAFTA Alliance is a group of nongovernmental and private sector groups that work to further sustainable development in Central America. Led by the Humane Society of the United States, it includes Counterpart International, Earth Council Costa Rica, Earth Voice and resource partners such as Stewart and Stewart of Washington, DC, Caribbean Conservation Corporation of Costa Rica, Humane Farm Animal Care of Herndon, Virginia, ARCAS (Asociación de Rescate y Conservación de Vida Silvestre) in Guatemala, AMARAS of Honduras, SalvaNatura of El Salvador, FAZOONIC (Fundacion Amigos del Zoolologic Nicaraguense) of Nicaragua, ForesTrade of Vermont and Guatemala and Costa Rican Cocoa, San Jose, Costa Rica.

* * *

Giant Antarctic Iceberg Blocks Ross Sea Food Chain

STANFORD, California, October 3, 2003 (ENS) - An enormous iceberg has clogged again a large portion of Antarctica's Ross Sea, according to a study by Stanford scientists funded by the National Aeronautics and Space Administration (NASA).

The researchers say Antarctic Adélie penguins and other marine life could die of starvation due to the reduced phytoplankton production in the Ross Sea, a result of the unusually large amounts of sea ice contained in an enormous iceberg.

Using satellite data, geophysicists Kevin Arrigo and Gert van Dijken monitored the movements of a giant iceberg named C-19, which calved off the western face of the Ross Ice Shelf in May 2002.

C-19 is one of the largest icebergs ever recorded - 19.2 miles wide and 124 miles long - nearly twice as big as Rhode Island.

In a study published in the American Geophysical Union's "Geophysical Research Letters," the Arrigo and van Dijken described how C-19 drifted northward from May until November 2002, when it apparently ran aground.

By January 2003, the iceberg had become trapped against a shallow bank, forming a barrier that prevented sea ice from moving out of the southwestern Ross Sea for the next three months - the time of year when microscopic marine algae, phytoplankton, normally bloom in the open waters of the Ross Sea.

Like plants, phytoplankton use chlorophyll to convert sunlight into food. But high levels of sea ice block the Sun, starving the phytoplankton.

Phytoplankton provide food for krill, tiny marine animals eaten by fish, seals, penguins and whales. Without normal amounts of phytoplankton, the entire food chain in the Ross Sea may collapse.

To determine phytoplankton production levels in the Ross Sea, the researchers examined data from SeaWIFS, a sensor aboard NASA's SeaStar satellite.

"SeaWIFS measures the amount of light coming out of the ocean at different wavelengths," explained Arrigo. "Phytoplankton contain green chlorophyll, and with SeaWIFS you can measure the intensity of the greenness of the water. The greener the water, the more phytoplankton there are."

Arrigo says SeaWIFS data from November 2002 through April 2003 show that the Ross Sea contained only a fraction of the chlorophyll usually seen during those months.

"Phytoplankton blooms in the region were diminished dramatically, and primary production was reduced by over 90 percent, relative to normal years," Arrigo and van Dijken wrote. The likely reason for the sharp decline, they noted, was the unusually high sea ice cover caused by C-19.

According to Arrigo, most of the face of the Ross Ice Shelf has already calved, although another large crack has appeared. But predicting if and when another large iceberg will fall into the Ross Sea will be very difficult, he said.

* * *

Super Clean Cars in Los Angeles' Smog Free Future

RIVERSIDE, California, October 3, 2003 (ENS) – The Los Angeles metropolitan area, which has some of the dirtiest air in the nation, could achieve federal air quality goals for smog quickly if super clean vehicles, available in showrooms today, replace cars more than 15 years old, according to new research conducted at the University of California, Riverside.

The “Study of Extremely Low Emission Vehicles” was conducted over the past three years by the UC Riverside Bourns College of Engineering’s Center for Environmental Research and Technology (CE-CERT).

The study examined emissions from vehicles that meet the California Air Resources Board’s standards for ultra-low emission vehicles (ULEV), super-ultra-low emission vehicles (SULEV), and partial zero-emission vehicles (PZEV).

The study found that the greater use of the best existing, proven, gasoline engine and auto emission control technology could enable the Los Angeles air basin to reach 2010 ground level ozone, or smog, attainment goals.

Atmospheric modeling conducted as part of the CE-CERT study showed that if it was possible by 2010 for all passenger vehicles to be less than 15 years old, and for all cars sold in 2004 and later to meet at least the current California SULEV standard, then the federal smog standard could be met by 2010.

“Achieving this scenario may not be realistic, but the important point is that the technology is here today to do it,” said CE-CERT Director Dr. Joseph Norbeck.

The study was sponsored by the U.S. Environmental Protection Agency, the California Air Resources Board, Honda R&D Americas, Inc., ChevronTexaco North America Products, and the Manufacturers of Emission Controls Association.

"There is no such thing as a magic bullet in solving the air pollution problem,” said Norbeck. “But we believe we’ve found a viable tool with the emerging crop of cars that meet California’s most stringent emissions standards. Meeting the Los Angeles metropolitan area’s 2010 air quality goals can be helped with aggressive implementation of existing technologies.”

“Our results show that replacing a gasoline powered vehicle in Los Angeles that is 15 years old or older reduces the smog forming emissions by more than 97 percent.

“The impressive thing about these findings is that the technology and fuels that were developed for these clean cars to meet the California air standards will, within a few years, find themselves in the rest of the nation’s fleet and then the rest of the world’s fleet. The recipe for attacking smog is clean vehicles aided by clean fuels. If the clean fuel is available we’ll soon find that these cars will be able to help solve air quality problems in cities in China, India, Egypt and other air-quality challenged countries.”

The study evaluated tailpipe emissions from ULEV, SULEV and PZEV vehicles under real world conditions to meet California’s strict emissions standards. Researchers drove the test vehicles in typical Southern California traffic in all types of weather conditions.

“We drove these cars the way most Southern Californians drive theirs – in stop-and-go rush-hour traffic on high-speed freeways, in the heat and rain – and they were found to maintain near-zero emissions,” said Norbeck.

“We found that the cars’ emissions were below the CARB emissions standards. The in-use deterioration of the emissions control systems was extremely low, meaning we can anticipate these cars to go well into the 100,000 mile range with consistent air quality benefits.”

* * *

Pact to Conserve Mountain Plovers Signed in Denver

DENVER, Colorado, October 3, 2003 (ENS) - Interior Secretary Gale Norton today announced a new agreement with the state of Colorado to promote the conservation of mountain plovers on agricultural lands.

The mountain plover (Charadrius montanus) was proposed for federal listing as a threatened species in 1999. In September, the U.S. Fish and Wildlife Service (FWS) withdrew the listing, because, the agency said, new information indicates that threats to the species were not as significant as earlier believed.

Mountain plovers are high prairie birds that nest in open areas such as farm and ranch fields. Today's agreement assures farmers and ranchers that they will not be prosecuted for inadvertently violating the Migratory Bird Treaty Act, a federal law protecting the birds.

Colorado Department of Natural Resources Executive Director Greg Walcher and Acting FWS Regional Director John Blankenship signed the agreement today in Denver.

Under the agreement, participating farmers and ranchers agree to notify the state at least 72 hours before tilling their fields, allowing biologists to survey and flag plover nests. Farmers and ranchers have agreed to till around the plover nests.

Historically, the mountain plover inhabited grasslands used by large numbers of bison, elk, and pronghorn, as well as burrowing animals such as prairie dogs, kangaroo rats, and badgers.

Currently, mountain plovers show a preference for prairie dog towns and sites that are heavily grazed by domestic livestock. They also can be found on sod farms, alkali flats, cultivated fields, and other types of agricultural lands that mimic their preferred habitat. A mixture of short vegetation and bare ground, and a flat topography are habitat defining characteristics of mountain plovers at both breeding and wintering locations.

The Fish and Wildlife Service says that new information made available this year from state and federal agencies indicates that occupied black-tailed prairie dog habitat, which provides for nesting plovers, is more abundant than previously believed.

"This agreement is a classic example of the kind of win-win partnership that is essential to successful conservation of our wildlife and its habitat," Norton said. "Freed from concerns that mountain plovers might delay or prevent them from tilling their fields, farmers and ranchers have become full partners in conserving this species while still producing food for America's tables."

The highest concentration of mountain plover nests occurs in eastern Colorado. The agreement not only will protect nesting plovers but also will allow biologists to collect and analyze valuable information about nesting plovers and their success in producing chicks.

In addition to today's agreement, the Department of Defense is joining with Colorado State University, the University of Colorado, and others to fund a range wide mountain plover natural history study that is in the final stages of completion by the University of Denver.

Other new conservation measures for the mountain plover include the recently established federal, state and private High Plains Partnership; several Habitat Conservation Plans on the wintering grounds in California; the Rocky Mountain Bird Observatory's Prairie Partners program; The Nature Conservancy's "Prairie Wings" program and private land conservation easement efforts in South Park, Colorado.

* * *

Public Input Sought on Impact of Ballast Water Discharge

WASHINGTON, DC, October 3, 2003 (ENS) - The U.S. Coast Guard will hold five public meetings around the country in October and November to discuss the potential environmental impact of a ballast water discharge standard that the service is developing.

The Coast Guard is creating the discharge standard to establish required procedures that protect the environment from the introduction and spread of exotic, invasive species into U.S. waters from ballast water.

Ballast water is water carried by vessels to ensure stability, list, trim, and structural integrity, and is essential to the safe and efficient operation of vessels.

Ships from around the world take on ballast water, and then discharge it in U.S. waters, releasing marine organisms that can harm the U.S. environment and native species.

The planned public scoping meetings will include discussion of issues to be addressed in a programmatic environmental impact statement (PEIS), which the Coast Guard is preparing as part the ballast water discharge standard initiative. The U.S. Environmental Protection Agency, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service will be cooperating agencies in the development of the PEIS.

Nonindigenous aquatic plant and animal species are increasingly viewed as a global environmental problem with large and long-lasting ecological and economic impacts, the Coast Guard says.

"Introduced into habitats where they are not native, these species can degrade ecosystems, resulting in billions of dollars of direct and indirect costs annually," the Coast Guard said, "as well as adverse effects on human health and lifestyles."

The dates, and locations for these public scoping meetings are:

  • New Orleans, Louisiana, October 27, from 12 to 4 pm and 5 to 7 pm, New Orleans Marriott, 555 Canal Street, 1-504-581-1000

  • Oakland, California, October 29, from 12 to 4 pm and 5 to 7 pm, Oakland, CA - Elihu Harris Building, 1515 Clay Street, 1-510-622-2398

  • Cleveland, Ohio, October 31, from 12 to 4 pm and 5 to 7 pm, Holiday Inn Select, 1111 Lakeside Avenue, 1-216-241-5100

  • Norfolk, Virgina, November 3, from, 12 to 4 pm and 5 to 7 pm Marriott Norfolk Waterside, 235 E. Main Street, 1-757-627-4200

  • Washington, DC, November 7, from 11 am to 3 pm and 4 to 6 pm, EPA East Building, Room 1153, 1201 Constitution Avenue, N.W., 1-202-566-1200

The public is encouraged to participate in the public scoping process by submitting comments and related material. The U.S. Coast Guard will accept comments until December 26, 2003.

The Notice of Intent, and the Notice of Public Meetings can be found at: http://dms.dot.gov. In this website, proceed to simple search, and under docket number, enter 10486. For further information on the PEIS and public meetings, contact Bivan Patnaik at: bpatnaik@comdt.uscg.mil

   


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