• Storm Ravaged Florida Evacuates Again
  
• Court Halts Auction of Indian Trust Lands
  
• Two Plutonium Transport Vessels Set for First U.S. Shipment
  
• Critical Habitat Designated for Mexican Spotted Owl
  
• Smog Forming Pollutant Levels Down Last Summer
  
• Contractors Hired for Huge California Coastal Wetlands Fix
  
• Demand Fuels Pacific Northwest Solar Power Market
  
• U.S. Plans Small Disposable Nuclear Power Plants
  

Storm Ravaged Florida Evacuates Again

More than a million people on Florida's east coast today were told to get out, and residents struggled to board up homes and stock up on water ahead of a storm even bigger than Charley, which devastated the southwest portion of the state.

Hurricane Frances is classed as a dangerous Category 4 storm. It is blowing up from the Caribbean towards Florida at the rate of 145 miles (225 kilometers) per hour, with landfall expected sometime on Saturday.

Governor Jeb Bush said, "As Hurricane Frances approaches Florida shores, I want to reassure Floridians that we're closely tracking the storm's movements and working around the clock and around the state to prepare for its impact.

"I have issued an Executive Order to ensure state and local agencies have the authority and resources they need to prepare Floridians, move them out of harm's way, and respond to their needs," the governor said. "We cannot halt the hurricane's progress or deflect its direction. But we are prepared, we will respond, and we will recover."

A hurricane warning covers much of the state's eastern coast - about 300 miles from Florida City, near the state's southern tip, to Flagler Beach, north of Daytona Beach.

The core of Hurricane Frances will be moving near or over the Central Bahamas this afternoon or evening.

The National Hurricane Center is forecasting rainfall in amounts as high as 20 inches in Florida, and warns that swells generated by Frances will be affecting parts of the southeastern coast of the United States. These swells could cause dangerous surf and rip currents.

Florida's top emergency management official said most places in Florida will be touched by Hurricane Frances. "It's not time to hope. It's time to act," said Craig Fugate.

The latest evacuation order is for Broward County, where Fort Lauderdale is located. Up to 250,000 people who live on barrier islands, in mobile homes and in low-lying areas are being told to leave. Evacuations were ordered for Palm Beach County and Martin County on Wednesday.

Disaster Recovery Centers located in the areas affected by Hurricane Charley suspended operations last night and will remain shuttered until Hurricane Frances blows through.

This temporary suspension frees up local first responders to concentrate on providing all necessary emergency needs to their communities. It also allows residents to focus their attention on their preparations.

To date, more than 176,000 applicants have registered for assistance with FEMA, up 4,973 from yesterday. Assistance to victims of Hurricane Charley has reached $86.4 million, with $52.4 million in housing aid going to residents whose homes were damaged or destroyed.

Court Halts Auction of Indian Trust Lands

Judge Royce Lamberth in the landmark Cobell v. Norton Indian Trust case issued the injunction Monday to stop the Department of Interior (DOI) from selling parcels of the Indian owned land at issue in the case.

"This land and its subsurface rights lie at the heart of the Individual Indian Trust litigation,"said Keith Harper, attorney for the plaintiffs and member of the Cherokee Nation of Oklahoma.

"Secretary [Gale] Norton is trying to sell the core asset - the land and its natural resources - of this Trust without giving the court or plaintiffs any idea as to whether prudent steps would be taken to ensure that the sale is consummated at fair market value and solely in the best interests of each trust beneficiary."

"This not only violates every principle of trust law, it also directly violates orders of this Court and Interior's own regulations. That is why Judge Lamberth took the appropriate action and stopped this land alienation until there could be assurance that the rights of Indian trust beneficiaries are fully protected in accordance with law." Harper said.

An invitation for bids for the sale of the Indian owned land was issued on July 30, 2004 by the Bureau of Indian Affairs. The agency set a deadline for submitted bids of September 1, 2004.

Attorneys for the Indians challenged the sale of the oil rich trust land because of the government's failure to ensure that the auction would bring fair market value and that informed consent of each land and mineral owner is obtained.

Interior Department officials have admitted that they would not perform appraisals prior to bidding.

Nor could the Interior officials show that the Indian trust beneficiaries have been provided the information they need to make an informed consent to the sales of their lands.

Interior Secretary Gale Norton "has refused to provide each trust beneficiary with current appraisals and an accurate survey of the trust lands," Harper claims.

Lead plaintiff Cobell said, "We have no desire to curtail the ability of private Indian landowners to sell their land. We fully support their right to do so. The question is whether the government's auction of trust land will ensure that fair market value is paid to each trust beneficiary who chooses to sell his or her land."

Cobell has tried for years to enforce the trust duties that the United States owes to more than 500,000 individual Indian Trust beneficiaries, including the duty to provide an accurate and complete accounting of all revenues derived from mining, grazing, oil and gas exploration and other uses for more than 100 years.

Both the federal district Court and the Court of Appeals have found that the U.S. Departments of the Interior and Treasury have engaged in "malfeasance" in the management of the Individual Indian Trust and "fiscal and governmental irresponsibility in its purest form."

Two Plutonium Transport Vessels Set for First U.S. Shipment

Critical Habitat Designated for Mexican Spotted Owl

The designation was completed in response to a lawsuit filed by the Center for Biological Diversity, a conservation advocacy group based in Tucson, Arizona, has been working to protect the Mexican spotted owl and its old-growth habitat for over 13 years.

The critical habitat boundaries, announced on Monday, include 4.0 million acres in Arizona, 322,326 acres in Colorado, 2.1 million acres in New Mexico and 2.2 million acres in Utah.

Only habitat in those areas that contain the physical and biological features essential for the conservation of the owl is considered as critical and falls under the protection of the Endangered Species Act. The designation relies on guidance from the owl's recovery plan.

"Since the Mexican Spotted Owl was listed in 1993, the U.S. Fish and Wildlife Service and its partners in other federal agencies have been working to safeguard the species," said Dale Hall, director of the Service's Southwest Region.

But the Service under the Bush administration designates critical habitat only when forced to do so by the courts. "In 30 years of implementing the Endangered Species Act, the Service has found that the designation of critical habitat provides little additional protection to most listed species, while,preventing the Service from using scarce conservation resources for activities with greater conservation benefits," is a notice posted with every critical habitat designation.

The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow government or public access to private lands.

"In almost all cases, recovery of listed species will come through voluntary cooperative partnerships, not regulatory measures such as critical habitat," the Service says.

The Mexican spotted owl is a medium-sized bird with dark eyes, dark to chestnut brown coloring, whitish spots on the head and neck and white mottling on the abdomen and breast. It was added to the threatened species list primarily because of habitat loss.

The owl still can be found in canyons and mountain forests across a range that extends from southern Utah and Colorado, through Arizona, New Mexico and west Texas, down to the mountains of central Mexico.

The owl occupies a fragmented distribution throughout its United States range corresponding to the availability of forested mountains and canyons, and, in some cases, rocky canyon lands.

Copies of the final rule and maps are available on the internet at http://mso.fws.gov/

Smog Forming Pollutant Levels Down Last Summer

The agency attributes the lower levels of this air pollutant to the NOx Budget Trading Program, a market-based cap and trade program created to reduce NOx emissions.

Emissions reductions occurred despite power generation increases by power sources in 2003, the EPA said.

Reductions also occurred for both average emissions and short-term peak NOx emissions that are a concern on hot, high electricity demand days conducive to smog formation.

More than 99 percent of the affected units were in full compliance in 2003 with regulations, the EPA said, and units that were out of compliance received penalties requiring deeper emissions cuts in the future.

Eight northeastern states and the District of Columbia began implementing the NOx Budget Trading Program in 2003. Sources in 11 additional states across the East and Midwest joined in May 2004.

The 11 states that did not participate in the program until 2004 have also made progress in reducing NOx emissions in anticipation of entering the program, and in response to other NOx control programs, particularly annual NOx reductions under the Acid Rain Program, the EPA says.

Sources in these states successfully monitored and reported emissions for the first time starting in 2003.

A cap and trade program first sets a cap, or maximum limit, on emissions. Sources covered by the program then receive authorizations to emit in the form of emissions allowances, with the total amount of allowances limited by the cap.

Each source can design its own compliance strategy to meet the overall reduction requirement, including sale or purchase of allowances, installation of pollution controls, implementation of efficienty measures, among other options.

Individual control requirements are not specified under a cap and trade program, but each emissions source must surrender allowances equal to its actual emissions in order to comply. Sources must completely and accurately measure and report all emissions in a timely manner to guarantee that the overall cap is achieved.

"The report shows that the cap and trade mechanism is an effective and efficient way to control pollutants over broad regions in the United States," the EPA says.

The cap levels established for the NOx Budget Program alone, the EPA says, will not bring all areas in affected states into attainment with the new 8-hour ozone standard. The agency says it is pursuing additional reductions in NOx and other emissions through its clean air rules such as the Clean Air Nonroad Diesel Rule, finalized earlier this year, requires reductions from nonroad engines and low sulfur fuel.

The agency now plans to impose a cap and trade policy on mercury emissions from power plants, over the opposition of environmental groups who say that enforcing the mercury control measures in the Clean Air Act would clean up mercury emissions more quickly and completely.

The NOx Budget Trading Program 2003 Progress and Compliance Report is online at: http://www.epa.gov/airmarketshttp://www.epa.gov/airmarkets

Contractors Hired for Huge California Coastal Wetlands Fix

The Service announced Wednesday that it has executed contracts with Kiewit Pacific Company, the construction contractor, and Moffatt & Nichol Engineers, the construction manager, in anticipation of moving earth starting October 1.

"Our ecosystem patient is now on the operating table and ready to begin the heart transplant that the Steering Committee and the public have planned for many years," said Jack Fancher, the Service's Bolsa Chica project manager.

Following decades of controversy over the Orange County wetland, 10 public agencies reached an agreement in 1997 that provided for the acquisition of land, and set in motion the planning and implementation of the restoration project.

The Ports of Los Angeles and Long Beach provided $79 million to offset impacts associated with their economically port expansion programs, $25 million of which was used to purchase the property. Additional funds have been provided by the California Coastal Conservancy and the Wildlife Conservation Board, largely from habitat restoration bond act funds approved by California voters.

Since the 1940s, much of the Bolsa Chica lowlands area between Long Beach and Newport Beach on the California coast has been subject to oil and gas exploration, production and processing activities. This area and adjacent sites have also been used for agriculture, cattle grazing, recreational hunting and fishing, and as a wildlife reserve. These past activities, combined with urban runoff, have introduced a variety of chemicals to the wetlands.

Sensitive species inhabit the wetland, such as the western snowy plover, the Belding's savannah sparrow, and rare plants.

Bringing the wetlands habitat back to life involves reconnecting the lowland to the invigorating influence of ocean tides, creating a full tidal basin and managed tidal areas, dismantling oil wells and pipelines, and restoring habitat.

Two bridges, jetties, dredging, earthwork, and a groundwater barrier will be constructed.

"The planning and design team have worked long and hard to get to this point and have done an excellent job," said Paul Rauch, the Service's Regional Engineer. "This is the second largest construction contract ever issued by the Service and we are very excited about getting started on this long awaited project."

A Steering Committee comprised of eight Federal and State agencies has coordinated the planning and design of the Bolsa Chica restoration project. Steering Committee members include the Service, U.S. Environmental Protection Agency, National Marine Fisheries Service, U.S. Army Corps of Engineers, State Lands Commission, California Coastal Conservancy, California Department of Fish and Game, and the State Resources Agency.

Coastal wetlands in California and other states have been lost and degraded at "an alarming rate," the Service said in an October 2002 statement. California has lost about 95 percent of its historical coastal wetlands, and the Bolsa Chica restoration project "is one step in reversing the habitat degradation of California’s surviving wetlands," the Service said.

Following completion of all cleanup and restoration activities, the site will most likely become a federal or state-managed wildlife refuge, the Service said.

It will "serve to mitigate for habitat losses" as the Ports of Los Angeles and Long Beach expand to serve the increasing levels of ship traffic forecast for the near future.

Demand Fuels Pacific Northwest Solar Power Market

PSE offers its customers the option of buying electricity produced from renewable sources, such as the wind and the sun, through its green power program.

In response to the overall growth of this program and interest by customers in solar power, PSE contracted with the Bonneville Environmental Foundation to purchase a larger amount of its Green Tags generated by small solar electric installations throughout the region.

The Bonneville Environmental Foundation, through its Northwest Solar Cooperative, will utilize the funds generated by PSE’s increased commitment to support the local development of even more solar electricity generating locations.

"Our request for additional Green Tags is a testament to the commitment and values of our green power customers," said Mike Richardson, PSE’s manager of renewable programs.

"Participation in our green power program is up more than 50 percent over last year, and customers continue to sign up at a pace of several hundred per week," Richardson said.

Rob Harmon, Bonneville Environmental Foundation’s vice president for renewable programs, said, "Already our largest purchaser of Green Tags from solar power facilities, PSE’s dedication to this program will help us support existing and future systems for years to come.

"Today, this additional commitment will allow us to support another 75 kilowatts of solar power in the Pacific Northwest," said Harmon, "making this the largest solar program in the region supported entirely by utility customers’ voluntary participation in a green power program."

Puget Sound Energy is Washington state’s largest energy utility. The utility’s green power program has more than 13,000 customers helping to generate approximately 4 million kilowatts hours every month of renewable energy for the Northwest grid.

The Bonneville Environmental Foundation (BEF), a non-profit organization, was established in 1998 to restore watershed ecosystems and further the development and use of new renewable energy resources. Through revenues generated from the sales of green power products, BEF funds projects that restore damaged watersheds and supports new renewable energy projects from solar, wind and biomass.

BEF pioneered the sale of Green Tags in 2000 and has helped establish national standards for their certification and trading.

U.S. Plans Small Disposable Nuclear Power Plants

A sealed reactor can be delivered to a site, left to generate power for up to 30 years, and retrieved when its fuel is spent, according to a report published in the "New Scientist."

The developers at the DOE's Lawrence Livermore National Laboratory in California claim that no one would be able to remove the fissile material from the reactor because its core would be inside a tamper-proof cask protected by a host of alarms.

Conventional reactors pose a threat of proliferation because they have to be periodically recharged with fuel which later has to be removed. Both steps offer operators the chance to divert fissile material to weapons programs.

Known as the small, sealed, transportable, autonomous reactor (SSTAR), the machine will generate power without needing refuelling or maintenance, says developer Craig Smith at the Livermore Lab.

In an SSTAR, the nuclear fuel, liquid lead coolant and a steam generator will be sealed inside the housing, along with steam pipes ready to be hooked up to an external generator turbine.

A version producing 100 megawatts would be 15 metres (49 feet) tall, three metres (10 feet) in diameter and weigh 500 metric tons.

A 10 megawatt version is likely to weigh less than 200 tons.

The United States would deliver the sealed unit by ship and truck and install it. When the fuel runs out, the old reactor would be picked up for recycling or disposal.

The DOE hopes to have a prototype by 2015 if technical challenges can be overcome, but these are formidable.

In conventional reactors, the nuclear chain reaction depletes the fissile isotopes in the fuel rods, which is why they have to be replaced every few years.

To sustain power generation for 30 years, the sealed reactor will have to be engineered to act as a breeder, using some of the neutrons to convert non-fissile isotopes such as uranium-238 into fissile plutonium-239.

To further extend the reactor's life, the cylindrical core would be engineered to sustain fission only when surrounded by a metal cylinder that reflects neutrons back into the fuel. This mirror will start at one end of the core, and over the course of the reactor's lifetime move slowly along to the opposite end, consuming the fuel as it goes.

"Engineering long-term reliability into such a system will be a major task," Smith says. "Automated controls will monitor the sealed reactor, adjusting its electrical output and shutting it down if faults or tampering are detected."

Alerts will be sent over secure satellite radio channels to the DoE or to an international agency overseeing the reactors. The project faces strong political obstacles. Michael Levi of the Brookings Institution, a think tank in Washington DC, questions whether developing countries will be prepared to leave the keys to their electricity supply in the hands of the United States.

Levia doubts that SSTAR reactors would be as proliferation proof as the DOE hopes.

While the design makes it hard for countries hosting the reactors to cheat without getting caught, "what happens if they don't care about what we think?" Levi asks. It would then be possible to break into the reactor and reprocess the plutonium rich fuel to make weapons, he says.