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House Hustles Up Split of Western Appeals Court WASHINGTON, DC, October 6, 2004 (ENS) - The U.S. House of Representatives voted Tuesday to split into three new courts the Ninth Circuit federal appeals court based in San Francisco, which decides most cases concerning Western natural resources that are appealed from lower court decisions. Some three-quarters of all federal lands are within this court's jurisdiction.The measure arose suddenly in the short time left before lawmakers go home for the November 2 election, although special interests have long sought to increase their ability to affect the outcome of appeals by dividing the Ninth Circuit Court into a number of smaller appeals courts. “This amendment is an underhanded and last-minute effort to divide the pool of judges along ideological lines,” said Glenn Sugameli, senior legislative counsel at Earthjustice, a nonprofit, public interest environmental law firm. “Everyone from the American Bar Association to California Governor Arnold Schwarzenegger opposes this as a bad idea.” The House narrowly approved an amendment containing the split unveiled just last night by Representative Mike Simpson, an Idaho Republican. The measure would establish three separate appellate courts - a Ninth Circuit overseeing only California, Hawaii, the Northern Mariana Islands, and Guam; a new 12th Circuit serving Arizona, Nevada, Idaho, and Montana; and a new 13th Circuit serving Alaska, Oregon, and Washington. The amendment bypassed the House Judiciary Committee and is now attached to bill to create more federal judgeships, S. 878. "While there is wide support for providing the courts the help of additional judges, the amendment to split the Ninth Circuit could prevent the bill from becoming law," Sugameli said. In a letter sent to House members this morning, eight national conservation groups criticized this attempt "to divide and conquer the Ninth Circuit." By far the largest circuit, the Ninth Circuit currently represents 56 million people, roughly one-fifth of the nation's population, and has 48 judges to serve an area that encompasses nearly 40 percent of the geographic area of the United States. This circuit also has the most numbers of appeals filed, the highest percentage increase in appeals filed, the most number of appeals still pending, and the longest median time until disposition. House Judiciary Committee Chairman F. James Sensenbrenner, Jr., a Wisconsin Republican, said, "The Ninth Circuit has become so big - in geographic size, in workload, and in the number of its active and senior judges - that it can no longer appropriately discharge its civic functions on behalf of the American people. Given the problems created by its sheer size, I believe that we have no choice but to split the Ninth Circuit three ways." "This legislation also adds new judges to the Ninth Circuit to ensure that future caseload demands made on the new Ninth will more closely mirror its judgeship resources," said Sensenbrenner. "These additional judgeships are inextricably linked with splitting the Ninth Circuit and they will only move legislatively as one administrative restructuring package." Sugameli sees an anti-environmental agenda in the measure. "Polluters hope that creating these new circuits will boost their ability to get anti-environmental extremists, like failed Ninth Circuit Appellate Court nominee William G. Myers III, into lifetime federal judgeships - thereby increasing their chances of winning anti-environmental rulings." Myers, a former solicitor general in the administration of President George W. Bush, is criticized by environmentalists for serving as a lobbyist and counsel to the mining and ranching industries before, during and after his government position. Along with environmental concerns, opponents of a Ninth Circuit split, including Mary Schroeder, the current chief judge, have noted the expense associated with creating two new circuit courts of appeals, including the construction of new courthouses and infrastructure, and the hiring of new judges and staff. “Splitting the Ninth Circuit would not only be bad for the environment - it would be fiscally irresponsible as well,” Sugameli said. “Already, our federal court system is in a virtually unprecedented fiscal crisis, which has led to suspension of new court construction and layoffs of court employees. Why spend nearly 150 million dollars to solve a problem that doesn’t exist?” Opponents of the split include Senior Judge Clifford Wallace, a former chief judge nominated by President Richard Nixon; and Alex Kozinski, a conservative judge appointed to the Ninth Circuit in 1985 by President Ronald Reagan. Other opponents of the split include California Governor Arnold Schwarzenegger, a Republican, and Democrat Governor Gary Locke of Washington, the American Bar Association, the State Bar of Arizona, the Oregon State Bar, and the Hawaii State Bar Association.
West Coast Finds Ways to Shut Down Diesel Engines SEATTLE, Washington, October 6, 2004 (ENS) - Two cruise ships that make Seattle a port of call will soon plug into shoreside electricity while in port, enabling them to shut down their polluting diesel engines.The U.S Environmental Protection Agency (EPA) says will make a $50,000 grant to Seattle City Light to provide the equipment needed for two Princess Cruise ships to shut off their engines while docked at the Port of Seattle's Pier 30. Princess will spend between $1.5 and $1.8 million to enable the Diamond Princess and the Sapphire Princess to run on electricity while in port in Seattle. It is estimated this project will reduce by over one-third the air emissions from cruise ships stopping in Seattle. The presentation, attended by federal, state and city officials occurred at an event last week highlighting efforts of the EPA and a consortium of government agencies, nonprofits and businesses to reduce diesel emissions from trucks, ships, and locomotives along the West coast. Known as the West Coast Diesel Emissions Reductions Collaborative, the consortium includes representatives of the governments of the U.S., Canada and Mexico, state and local governments, and the non-profit and private sector from California, Oregon, Washington, Alaska and British Columbia. "Some estimates suggest that up to 85 percent of the lifetime cancer risk citizens face from air toxins comes from diesel emissions," the EPA says. These emissions also contribute to unhealthy levels of fine particles and ozone, or smog. Fine particles have been associated with an increased risk of premature mortality, hospital admissions for heart and lung disease, increased respiratory symptoms and other adverse effects. The Collaborative aims to secure $100 million for voluntary efforts to reduce diesel emissions in California, Oregon and Washington further and sooner than the EPA's new national diesel rules mandate. “Diesel emission reductions represent one of the most important opportunities to achieve rapid and cost-effective health and environmental benefits on the West Coast,” said Ron Kreizenbeck, acting regional administrator for EPA's Northwest office in Seattle. “Reducing diesel emissions will decrease the incidents of asthma and improve overall air quality." The $50,000 grant is one of eight grant announcements along the West Coast totaling over $7 million in funding from federal, state, local, non-profits and industry groups. In Oregon and California, several state and federal government agencies, along with numerous industry partners, are announcing similar idle-reduction projects. These technologies will enable truck operators to use electrical energy rather than idling their diesel engines to run in-truck appliances such as air conditioners and microwave ovens. Grants to implement the I-5 Corridor Truck Idle Reduction Initiative were announced all along the I-5 Interstate Highway in Washington, Oregon, and California totalling $1.36 million. The funds will be spent on small auxiliary engines that use up to 90 percent less diesel and emit 75 percent less air pollution than idling trucks, and on the electrification of truck stops. In Bakersfield, California, the EPA and San Joaquin Valley Unified Air Pollution Control District announced a $75,000 grant that will allow Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad to retrofit several switcher locomotives in the San Joaquin Valley. Each company will contribute $75,000 to install technology that switches engines off when they are not needed to reduce nitrogen oxides, sulfur dioxide and diesel particulate emissions. The project will reduce nitrogen oxide emissions by 2.5 tons annually. In Sacramento, city, state, federal and industry partners are combining a total of $532,000 to install battery and grid powered electric air conditioners into trucks and electrification infrastructure at truck stops. The alternate power enables truck operators to use electrical energy for in-truck appliances like air conditioners and microwave ovens, instead of idling during rest periods. In San Diego, the EPA has awarded the San Diego County Air Pollution Control District $150,000 for a diesel emissions reduction demonstration project. The project will investigate the costs and effectiveness of diesel retrofit technologies on heavy-duty diesel vehicles that operate in the San Diego-Tijuana region.
Pipeline Company Pays $3 Million for Texas Oil Spill WASHINGTON, DC, October 6, 2004 (ENS) - The Explorer Pipeline Company has paid a civil penalty of $3 million for an oil spill in the year 2000 in violation of federal laws governing clean water and oil pollution. The $3 million fine was paid into the Oil Spill Liability Trust Fund to be used in the cleanup of other spills.The Justice Department and the U.S. Environmental Protection Agency (EPA) said Friday that they simultaneously filed a complaint, a stipulated judgment and a dismissal of the charges. The violation stemmed from a March 9, 2000 discharge of 13,436 barrels of gasoline containing the fuel additive methyl tertiary-butyl ether (MTBE) from a pipeline owned by Explorer and located near Greenville, Texas. The gasoline reached Caddo Creek and East Caddo Creek, tributaries of Lake Tawakoni, a drinking water source for several Texas communities. MTBE was found in Lake Tawakoni. The terms of the stipulated judgment and dismissal recognize Explorer’s "thorough and prompt cleanup efforts" and Explorer’s later work to extensively test and improve its pipeline system in compliance with instructions from the Office of Pipeline Safety at the Department of Transportation, the federal agencies said. In addition, and beyond the requirements of the Office of Pipeline Safety, Explorer spent about $13 million inspecting and upgrading its pipeline system, the agencies said. EPA Regional Administrator Richard Greene said, “Careful compliance with our nation’s environmental laws helps ensure we do business safely, responsibly, and for generations to come. EPA will continue to work with the regulated community to ensure that accidents like these are not repeated.”
Lake Michigan Creosote Cleanup Complete CHICAGO, Illinois, October 6, 2004 (ENS) - A $1.8 million emergency cleanup and containment of creosote contamination along the Little Bay de Noc shoreline in Gladstone, Michigan is now complete after seven months of work, U.S. Environmental Protection Agency (EPA) Region 5 officials announced Tuesday.The Michigan Department of Environmental Quality (MDEQ) had requested EPA assistance after a resident reported seeing an oily sheen on the bay. The federal agency provided funds and oversight to the project. The cleanup was overseen by a Grosse Ile, Michigan, Superfund emergency response team in consultation with MDEQ, the Michigan Department of Natural Resources, the U.S. Army Corps of Engineers and the city of Gladstone. About 4,900 tons of creosote contaminated beach soil was removed and a a barrier-and-collection system was installed to prevent the creosote from seeping into the bay, which is part of Lake Michigan. The on-site treatment of 1.3 million gallons of contaminated water was part of the project. The EPA conducted air monitoring during the cleanup to ensure hazardous emissions were not leaving the work area. Both Michigan Department of Community Health and the federal Agency for Toxic Substances and Disease Registry found no air related health concerns. The tarry material most likely came from the former MacGillis and Gibbs Co. property, northeast of the site, across Lakeshore Drive from the beach, the EPA believes. The company operated from about 1943 to 1979. EPA officials speculate that over a period of decades creosote from the company's wood treatment operations slowly moved from the MacGillis site under the road and then resurfaced on the beach. Today the former 45 acre industrial property has been subdivided into a number of parcels that include a gas station, a car wash, a restaurant and two condominium complexes. A partially submerged, 275 foot steel barrier and a carbon treatment filter system will remain in place at the shoreline. Operation and maintenance of the system has been turned over from the EPA to the state's MDEQ, which is now working on a cooperative agreement with the city to carry out the future maintenance work. Creosote, derived from coal or wood tar, has been identified at more than a dozen Superfund sites in the Great Lakes states. The material is which can cause chemical burns, respiratory tract irritation, kidney or liver problems and, with long term exposure, skin cancer. When dissolved in water, tar can build up in plants and animals, affecting the food chain.
Top Nuclear Regulator Says Power Plants Better Guarded MIAMI, Florida, October 6, 2004 (ENS) - Security at the 103 nuclear power plants operating in the United States today is better than it was before the terrorist attacks of September 11, 2001, Nuclear Regulatory Commission Chairman Nils Diaz said Tuesday.Diaz addressed his remarks to industry and government delegates at the Americas Nuclear Energy Symposium, jointly sponsored by the U.S. Department of Energy and the American Nuclear Society. The chairman of the nation's top nuclear regulatory body said higher federal requirements have been placed on utilities that operate nuclear facilities. "The NRC has further strengthened security requirements at nuclear power plants and enhanced our coordination with federal, state and local organizations since Sept. 11," Diaz said. A significant radiological release affecting public health and safety is "unlikely from a terrorist attack, including a large commercial aircraft," he said. "And time is available to protect the public in the unlikely event of a radiation release." Diaz also said the NRC has a new reactor oversight program that provides a better inspection regime for plants. He said the NRC objective is to “provide the tools for inspecting and assessing licensee performance in a manner that was more risk-informed, objective, predictable and understandable than the previous oversight processes, and that ensures the agency’s performance goals are being met.” The NRC is now providing oversight "in a way that corresponds to the actual, real world risk presented, rather than a theoretical worst case scenario," he said. Diaz said the NRC has ordered nuclear plant operators to take into account "a more challenging adversarial threat." There are "tighter access controls and vehicle checks at greater stand-off distances; significantly improved force-on-force exercises to test the capabilities of plant defenders; better readiness by plant security forces; and enhanced liaison with the intelligence community, and federal, state and local authorities responsible for protecting the national critical infrastructure through integrated response training," Diaz claimed.
Destructive Developer Will Restore South Dakota Wetlands SIOUX FALLS, South Dakota, October 6, 2004 (ENS) - A Sioux Falls developer who destroyed wetlands during construction of a residential development will pay the price in land but not in cash.Sunset Development, LLC; Daniels Construction, Inc.; and James P. Daniels, all of Tea, South Dakota, have been charged with violating the Clean Water Act for their destruction of wetlands and portions of a waterway in southwest Sioux Falls, while building a residential development called Sunset Ridge. The U.S. Environmental Protection Agency Region 8 says the developers illegally discharged dredged and fill material into wetlands and other waters covering four acres, without a permit from the U.S. Army Corps of Engineers. These materials are considered to be pollutants under the Clean Water Act. The waterway and its associated waterways are connected to a surface water drainage system that flows into the Big Sioux River. The Big Sioux River flows into the Missouri River. Because the developers have already built homes and roads where the wetlands had existed, the EPA’s administrative order does not call for those wetlands to be restored, but instead for a minimum of three acres of other wetlands to be restored for every acre of wetland they impacted. EPA may also consider proposals to create, enhance, or preserve wetlands. Regional Administrator Carol Rushin said, “EPA took this action to prevent the pollution of the wetlands, lakes, and streams of South Dakota and to provide deterrence against future violations of federal laws designed to protect valuable water resources. “The wetlands in this area provide important functions including wildlife habitat, water quality enhancement, water storage and retention, and flood control,” she said. Daniels is the manager and registered agent for Sunset Development, LLC. He also is the president, a director, and the registered agent of Daniels Construction, Inc., which has developed the Sunset Ridge, Candlelight Acres, and Sterling Estates subdivisions in the Sioux Falls area. EPA recently settled a case against Candle Development, LLC, which is owned by Daniels Construction, Inc., for violations of the Clean Water Act.
New Light Sensor Quick to Find Deadly Food Bacteria WEST LAFAYETTE, Indiana, October 6, 2004 - Food scientists at Purdue University have developed a sensor that can detect the potentially deadly bacteria Listeria monocytogenes in less than 24 hours at concentrations as low as 1,000 cells per milliliter of fluid - an amount about the size of a pencil eraser.Listeriosis, the illness caused by consuming Listeria contaminated foods like deli meats or cheese, leads to higher rates of hospitalization and mortality than any other foodborne illness, said Tao Geng, research associate in the Purdue Department of Food Science and the sensor's co-developer. The Centers for Disease Control and Prevention says about 2,500 Americans develop listeriosis every year, and roughly one in every five cases is fatal. The elderly, pregnant women, newborn infants and individuals with compromised immune systems are most at risk. "The mortality rate for people with listeriosis is very high, and for this reason, the FDA has a zero-tolerance rule for Listeria," said Tao. "There should be none at all in any ready-to-eat products," he said. Listeria bacteria include six different species, but only L. monocytogenes can infect humans. This makes it especially important to develop highly selective sensors that can detect only L. monocytogenes, said Arun Bhunia, associate professor of food microbiology and one of the sensor's developers. "The ability to distinguish this one species from all others makes this a very powerful sensor. No other sensor today can do that," he said. Known as an optical biosensor, the device uses light to detect the presence of a target organism or molecule. Bhunia and his colleagues have been developing this sensor for three years and demonstrate its function in the current issue of the journal "Applied and Environmental Microbiology." The sensor is made of a small piece of optical fiber - a clear, solid, plastic material that transmits light through its core. The fiber is coated with a type of molecule called an antibody, which recognizes L. monocytogenes and captures it, binding it to the fiber. When the fiber is placed in a liquid food solution, any L. monocytogenes in the sample will stick to the fiber. The presence of L. monocytogenes is verified by the addition of a second antibody, which not only recognizes L. monocytogenes but also carries a molecule that produces a fluorescent glow when exposed to laser light. This antibody attaches to the L. monocytogenes bound to the fiber and acts as a fluorescent flag, signaling the pathogen's presence when laser light is passed through the liquid. Listeria can grow at refrigeration temperatures. Cooking would kill many of the L. monocytogenes cells that can grow at refrigeration temperature, but many ready-to-eat products, such as deli meats, smoked fish, cheeses and hot dogs, are not always cooked by consumers before consumption, Bhunia said. Bhunia said his next goal is to optimize the test conditions of the biosensor so a sample can be processed in one working day and be monitored remotely by computer. He expects the sensor to be ready for industrial use in another year. The research was supported through a cooperative agreement with the Agricultural Research Service of the U.S. Department of Agriculture and the Center for Food Safety Engineering at Purdue.
Children's Health Award Nominations Open WASHINGTON, DC, October 6, 2004 (ENS) - People who have done something outstanding to protect the health of children can now be recognized nationally for their efforts. The U.S. Environmental Protection Agency (EPA) is accepting applications for the agency's first Children's Environmental Health Awards.Designed to increase awareness and stimulate activity, the awards will recognize efforts that protect children from environmental health risks at the local, regional, national and international level. Children are susceptible to greater environmental risks than adults, because their nervous, immune, digestive and other systems are still developing. There are two levels of the Children's Environmental Health Awards. The Recognition Award is designed for groups or individuals who have demonstrated commitment to protect children from environmental health risks. Applicants must show that they have initiated outreach, education or intervention activities. Winners will receive a certificate of recognition and use of the children's environmental health awards logo. The Excellence Award recognizes applicants who have demonstrated leadership and a track record in the protection of children from environmental health risks. Outreach, education and intervention projects or programs must have been in place for at least six months. Winners at this level will be invited to an awards ceremony in Washington, DC, next spring. They also will receive use of the children's environmental health awards logo and recognition on the EPA's Children's Health website. Applications are due December 15, 2004. To find out more or to obtain an application, go to: http://yosemite.epa.gov/ochp/ochpweb.nsf/content/news2.htm or call the Office of Children's Health main number at 202-564-2188.
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