• House Passes Interior Spending Bill
  
• Oregon Water Rule Could Have National Ripple Effect
  
• Greenpeace Feels the Heat From the Justice Department
  
• Enviros Will Sue Bush to Protect Endangered Dragonfly
  
• Report Finds Feds, State Agencies Failing Gila River Fish
  
• Senate Forest Bill Amendments Call for Health, Air Studies
  
• San Francisco Supports Europe's Chemical Regulation
  
• New Clues to Ancient Extinctions
  

House Passes Interior Spending Bill

Many of the programs and agencies covered by the bill receive slight increases over last year's appropriations, but conservationists are wary of several riders that could impact the management of some public lands and resources.

The provisions were added by the joint conference committee, which ironed out differences between the original House and Senate bills.

Language in the spending bill - inserted by Alaska Republican Senator Ted Stevens - would limit public challenges to timber sales in Alaska's Tongass National Forest.

It imposes a 30 day statute of limitation for the public to seek review of 40 specific timber sales and orders judge to issue decisions of appeals within 180 days. Stevens says the language is needed to aid the flailing Alaska timber industry, but environmentalists say the provision is unnecessary.

"This bill is stark evidence that Sen. Stevens really can not see the forest for the trees," said Nicole Whittington Evans, director of Alaska Forest Programs for The Wilderness Society. "The Tongass is more valuable as an intact ecosystem, producing salmon, bears and eagles, than as a short term source of logs for an already glutted market."

A provision added by Senator Conrad Burns, a Montana Republican, would expedite environmental review for five salvage logging projects in the Flathead National Forest and would allow five similar projects to proceed in the Kootenai National Forest.

All ten salvage projects affect old growth stands within the two national forests, which are both in Montana.

A federal judge has blocked the Kootenai salvage projects because the Forest Service failed to conduct appropriate environmental review.

"The timber industry, with the help of Congress, is trying to put up a 'Do Not Enter' sign on courtrooms across the nation, " said Marty Hayden, Earthjustice legislative director. "It is unconscionable that Congress would interfere with our independent judiciary for the benefit of private logging companies. These riders undermine the rights of all Americans to challenge environmentally damaging projects on their public lands."

Another provision added to the conference report by Stevens eliminates a federal moratorium on oil and gas exploration and drilling in the waters of Alaska's Bristol Bay. It would be the first formal erosion of the Outer Continental Shelf leasing moratorium and critics believe it could serve as the initial step toward eventual removal of similar protections for the East and West coasts.

Bristol Bay contains the world's richest salmon fishery and the White House, in its budget request, called on Congress to continue the drilling moratorium.

In addition, language in the bill would mandate renewal of grazing permits that expire over the next five years without environmental reviews or public input.

Critics believe the grazing program, which costs taxpayers some $128 million a year, is a clear case of corporate welfare that has caused severe environmental degradation throughout the Western United States.

The U.S. Forest Service and the BLM have a combined backlog of more than 5,000 permits, but many Western lawmakers are determined to provide relief to ranchers they say are dependent on federal public lands.

Many conservationists also criticized the joint conference committee, for removing language that put restraints on the controversial interpretation by the Bush administration of the 19th century mining law known as RS-2477.

Oregon Water Rule Could Have National Ripple Effect

The proposed rule would give federal dam operators the ability to petition the EPA if they believe they would be unable to meet temperature standards designed to ensure water quality and protect endangered fish.

Critics say it is a "virtual exemption" for Oregon dams from water temperature standards that protect salmon from lethally hot temperatures and fear it is a trial balloon for a broad national policy by the Bush administration to expand the proposal to exempt all federal dams from the standard - and potentially the entire Clean Water Act.

"The Bush administration has shown time and time again that if an environmental protection law is too inconvenient for polluters to comply with - they will just change it," said Buck Parker, executive director of the nonprofit environmental law firm Earthjustice. "Now, the Bush administration has gone a step further by encouraging its own federal agencies to dismantle the very backbone of one of the strongest and most important environmental laws that we have - the Clean Water Act."

The EPA's proposal is in response to a March 2003 ruling that found the EPA had violated the Clean Water Act and the Endangered Species Act when it approved 1999 water quality standards for Oregon's rivers - except for the Columbia River.

The Clean Water Act was enacted to restore and maintain the chemical, physical and biological integrity of the nation's waters - and contains the interim goal of providing water quality "which provides for the protection and propagation of fish, shellfish, and wildlife."

Dams cause large areas of water behind them to pool and heat up - these lack the cold, clean water flushing that was present before the dams were built and cause disease, reproductive failure and death in salmon.

Oregon state officials currently decides if an exemption from the Clean Water Act is worth pursuing, but the proposal would give that decision to the federal dam operator. It would allow the operator to ask the EPA for analysis of whether the exemption is justifiable.

The new water quality standards proposed by the administration for the state of Oregon could impact the Clean Water Act responsibilities of more than 150 of the state's federal dams from their Clean Water Act responsibilities.

EPA staff has acknowledged that the "Oregon Rule" is a precursor to a national rule that would offer special treatment to federal dams that violate water quality standards.

If a similar provision is put forward for the nation, more than 2,100 dams, most owned and operated by the U.S. Army Corps of Engineers or the Bureau of Reclamation could be impacted.

"Clean water is essential to our health, quality of life and local economies," said Rebecca Wodder, president of American Rivers. "If the administration guts clean water safeguards, it will essentially be taking money out of the pockets of fishing, boating and recreation businesses across the country."

Greenpeace Feels the Heat From the Justice Department

The environmental organization has been indicted by the Justice Department for an April 2002 protest in which two Greenpeace activists climbed aboard a commercial ship off the coast of Florida and held a banner that said, "President Bush, Stop Illegal Logging."

The Justice Department has brought the case against Greenpeace under an 18th century law prohibiting the boarding of ships that was designed to prevent unscrupulous boarding house proprietors from luring arriving sailors to their establishments.

The indictment is the first of its kind in U.S. history against an environmental organization.

The activists say the ship was carrying mahogany illegally exported from Brazil's Amazon rainforest. The individuals involved in the protest settled charges against them last year, but the Justice Department filed criminal charges against the entire organization in July 2003.

"While the United States watches its borders for drugs and counterfeit Gucci bags, no law yet exists to stop importation of most wood illegally cut in other countries," said Scott Paul, Greenpeace's Forest Campaign Coordinator. "We took action when our government failed to."

Greenpeace contends that the Justice Department is engaged in improper selective prosecution - singling out the organization because it opposes Bush administration policies.

And the pressure from the Justice Department, according to the environmental group, prompted federal and local authorities in Miami to deny a Greenpeace ship access earlier this week to the Port of Miami and to hinder public access to the ship.

Port officials refused dock space to the Greenpeace ship M.Y. Esperanza, which arrived in Miami on October 27, on its way to Europe after spending three months in North America. The officials cited security concerns in their decision to refuse space for the ship.

During the ship's stay in Miami, Greenpeace had planned to invite the public on board to learn more about the environmental organization's work.

But the ship was forced to anchor three miles out at sea, and authorities have hampered efforts to allow media and supporters on board.

"The people of Miami are familiar with despotic government, and it is a shame to be here on the occasion of our own government using excuses to inhibit civic participation and the legitimate right to free expression," said Alan Farago, Sierra Club Everglades Chair and a local leader in the environmental movement in Miami.

Enviros Will Sue Bush to Protect Endangered Dragonfly

The organizations filed a legal notice of intent to sue on Wednesday.

"The U.S. Fish and Wildlife Service has recognized that habitat loss is the primary reason for this species decline, and that a critical habitat designation would help save this unique wetlands dragonfly from extinction and yet, has not proposed habitat protection," said Andrew Hanson, an attorney and board member of Habitat Education Center.

Joining the Wisconsin based Habitat Education Center in the notice are the Center for Biological Diversity, Northwoods Wilderness Recovery, Michigan Nature Association, Door County Environmental Council and the Missouri Coalition for the Environment.

The environmental groups note that independent research - and the Fish and Wildlife Service - find that species with critical habitat are less likely to decline and twice as likely to be recovering as those without.

The Hine's emerald dragonfly is a wetlands dependent species found in small areas of Michigan, Illinois, Wisconsin and Missouri.

The species has brilliant green eyes, and is distinguished by its dark metallic green thorax with two distinct creamy yellow lateral lines.

It is endangered by urban sprawl, agricultural development, toxic pollution, logging, water diversions, off-road vehicles, vacation home development and road and pipeline construction.

It is suspected that the Hine's emerald dragonfly has already been lost in Ohio, Indiana and Alabama.

It is still found in three Michigan counties, three Wisconsin counties, three Illinois counties and two counties in Missouri.

The organizations concerned about the plight of the species say the Fish and Wildlife Service's Great Lakes Region has only designated critical habitat for four of the almost 80 species listed as threatened or endangered in the region.

Of those four, two were forced by citizen lawsuits or petition - the other two occurred in the late 1970s. The region has not designated critical habitat on its own initiative, as the law requires, for any species within the region in nearly a quarter century.

Report Finds Feds, State Agencies Failing Gila River Fish

The study was released by the Desert Fishes Team - an independent group of current and retired agency and academic fishery biologists. It notes that six Gila River basin fish species are already gone from the basin and another six are listed as in danger by federal and state agencies.

The report finds that that while the official agency recovery plans are adequate the responsible agencies are not carrying out those plans.

As a consequence, species such as the desert pupfish, the Gila chub, the squawfish and the spikedace, continue to decline.

"Arizona is on a path to have all of its native fish go extinct unless state and federal agencies start doing, rather than just talking about, their jobs," said Leon Fager, a longtime biologist for the U.S. Forest Service and Southwest Coordinator for Public Employees for Environmental Responsibility, which published the report.

"The recent court ruling affecting Rio Grande River flows in New Mexico to save the silvery minnow, another endangered desert fish, is exactly the sort of ecological train wreck that agency inaction is pushing Arizona toward," he said.

The report gives specific actions needed to secure recovery of the fish, including removal of exotic fish species, restocking native populations and eliminating grazing in critical creeks and streams.

It documents the lack of successful recovery actions and stresses that the plans have been in place but what is lacking is the promised follow through by the responsible wildlife protection, land management and water resource agencies.

The responsible agencies include the Arizona Game and Fish Department, U.S. Fish & Wildlife Service, the U.S. Forest Service, the U.S. Bureau of Land Management and the U.S. Bureau of Reclamation.

Senate Forest Bill Amendments Call for Health, Air Studies

One provision requires the National Institute for Occupational Safety and Health to monitor the long term health conditions of firefighters who fought in any area declared a federal disaster.

"In the process of protecting our communities, our brave and selfless firefighters often breathe in horrible toxins and fumes that can result in long term health problems," Boxer said. "My amendment will help ensure that they are looked after and we are doing everything to determine what health risks they face when out in the field."

The amendment passed by a vote of 94 to 3.

The California Democrat's second amendment calls on the U.S. Environmental Protection Agency to monitor and publicly disclose emissions of hazardous air pollutants in disaster areas on a daily basis, until it is determined that the danger has subsided.

Boxer reminded colleagues that the provision was needed to try and avoid the situation that arose after the terrorist attacks of September 11, 2001, when New York residents were given false promises that the air was safe to breathe.

"I believe we must ensure that the public knows which pollutants they are being exposed to," Boxer said. "Today they would not know. My amendment will solve that problem."

The provision will require the EPA to provide each of its regional offices a mobile air pollution monitoring network within six months, a move that Boxer estimates will cost $8 million. It passed by a vote of 78 to 17.

Neither provision is included in the House version of the forest thinning legislation. A joint conference committee will soon begin ironing out differences in the House and Senate bills.

San Francisco Supports Europe's Chemical Regulation

The EU's proposal - known as REACH (Registration, Evaluation and Authorization of Chemicals) - would shift the burden of proving the health and environmental safety onto companies that manufacture, use and import most major industrial chemicals.

It is intended to address both workplace exposures and environmental pollution and is considered one of the most significant pieces of European environmental legislation for businesses in decades.

The proposal would call on manufacturers to submit for testing all chemicals used in products made or imported into the EU. It could result in special licensing of some chemicals that are found to be hazardous and many believe the plan would have impacts far beyond the EU's estimated 34,000 chemical firms.

Industry groups say the plan goes too far and some environmentalists have raised concern about loopholes in the proposal.

The San Francisco Board of Supervisors voted 10 to 1 on Tuesday to adopt the resolution supporting the REACH plan. The resolution notes the weakness of U.S. chemical laws, which have permitted more than 90 percent of the chemicals on the market to be used even though they lack basic safety information.

"San Francisco recently became the first city in the nation to adopt the precautionary principle as a guidepost for city policy," said San Francisco Supervisor Jake McGoldrick. "Now by supporting REACH we can take another step forward in protecting our communities from toxics chemicals."

The resolution also cites recent reports of strong lobbying by the U.S. government and the chemical industry to weaken this international law.

U.S. based environmentalists applauded the spirit of the resolution, which is largely symbolic.

"Americans should support this measure for protecting the environment and public health," said Michael Green, executive director of the non profit Center for Environmental Health in Oakland. "We cannot let the Bush administration speak for us when we have the chance to reign in these polluting industries."

New Clues to Ancient Extinctions

The researcher adds that the conditions may also have spurred the development of an unusual breathing system in some dinosaurs that is still found today in birds.

Peter Ward, a University of Washington professor of biology and Earth and space sciences, says a group called Saurischian dinosaurs that includes the gigantic brontosaurus developed lungs attached to a series of thin walled air sacs that appear to have functioned something like bellows to move air through the body.

Ward and colleagues believe that breathing system made the Saurischian dinosaurs better equipped than mammals to survive the harsh conditions in which oxygen content of air at the Earth's surface was only about half of today's 21 percent.

"The literature always said that the reason birds had sacs was so they could breathe when they fly, but I do not know of any brontosaurus that could fly," Ward said. "However, when we considered that birds fly at altitudes where oxygen is significantly lower, we finally put it all together with the fact that the oxygen level at the surface was only 10 percent to 11 percent at the time the dinosaurs evolved.

"That is the same as trying to breathe at 14,000 feet," Ward added. "If you have ever been at 14,000 feet, you know it is not easy to breathe."

Ward believes the low oxygen and greenhouse conditions caused by high levels of methane from intense volcanic activity are likely culprits in mass extinctions that occurred about 250 million years ago, at the boundary between the Permian and Triassic periods, and about 200 million years ago, at the boundary between the Triassic and Jurassic periods.

This Permian-Triassic extinction is believed to have eradicated 90 percent of all species, including most protomammals, a group of mammal like reptiles that were the immediate ancestors of true mammals.

The Triassic-Jurassic extinction killed more than half the species on Earth, with mammal like reptiles and true mammals, which evolved during the Triassic Period, hit particularly hard.

But dinosaurs, which also evolved between the two extinctions, had little problem with conditions during the Triassic-Jurassic extinction.

"The seminal observation is that dinosaurs skated across the second of these mass extinctions, actually increasing in number as they went along, while everything else was dropping around them," Ward said.

Scientists know of five mass extinction events in Earth's history, but a cause has been widely agreed upon for only one - the episode at the end of the Cretaceous Period 65 million years ago, when the impact of an asteroid is believed to have brought the demise of the dinosaurs.

Such impact also has been suggested as the cause of the Permian-Triassic and Triassic-Jurassic extinctions, but geologists have yet to unearth any indisputable evidence of such an impact, and there is no conclusive evidence of what caused either of the events.

Ward said mass spectrometer readings on fossil material, as well as the extinction pattern for fossils in rock outcrops collected from the time of the two extinctions, indicates the events were drawn out affairs and did not happen suddenly, as they would have with an asteroid impact.