Environment Reporter: Current Developments Index-Summary

FALSE STATEMENTS

– Asbestos

– – Dumping, sentencing of N.Y. men (N.D.N.Y.), 1289
– – Falsification of reports and air quality data, conviction of N.Y. company (N.D.N.Y.), 2295
– – Training certification fraud, arrest of woman in Dominican Republic, 2472

– Drinking water data, indictment of mayor, city official (W.D. Mo.), 913; former superintendent guilty plea, 1961

FEDERAL AGENCIES

See also specific agencies
– Categorical exclusion use to streamlining environmental reviews

– – Challenge of guidance as unlawful rewrite (D. Wyo.), 2422
– – Draft guidance, 498; comments, 906; criticism, 1095; CEQ review in wake of Gulf oil spill, 1267; DOI restriction of use, 1893; case-by-case review plans, 2146; request for comments, 2323; final guidance, 2697

– Conformity with state air plans, EPA final rule, 773
– Electronics recycling, task force, 2572
– Energy efficient technology use, bill

See LEGISLATION, FEDERAL, S 3251

– Environmental impact statements, GHG emissions consideration guidance, 68; release of draft near, 107; issuance, 364
– Environmental justice, plan review, 2153
– GHG emissions reporting, CEQ draft guidelines, 1638; comment period extension, 1877; guidance issuance, 2245
– Recycled products procurement, introduction of bill, 1701
– Renewable energy use

– – Bill

See LEGISLATION, FEDERAL, S 3251

– – Sustainability plans, implementation, 2249

– Solar energy, White House panel installation, 2249
– Standing to bring suit, specific injury claims, 502
– Stormwater

– – D.C. impervious surface fee, refusal to pay, 960; water association on assessment of local fees on U.S. property, 1010; GAO on fee as tax, 2222
– – Local management fee payment

See LEGISLATION, FEDERAL, S 1816, S 3481

– Sustainable construction, DOE proposed rule, 1236
– Vehicle fleets, DOE emissions reduction guidance, 893

FEDERAL FACILITIES

– Climate change, 2020 emissions reduction goal, 259; commitment expansion, 1638
– Military facilities

See MILITARY FACILITIES

– Mustard agent storage at Pueblo Chemical Depot, settlement (D. Colo.), 1066
– Superfund

– – Post-cleanup review process weaknesses, 1303
– – Rocky Mtn. Arsenal

– – – NPL, fourth partial deletion, 1411; fifth partial deletion, 2072
– – – Shell land donation as part of settlement, 2413

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)

– Ed. Note: This heading is limited to FIFRA reauthorization or reform. The heading PESTICIDES provides coverage of FIFRA administration and enforcement and cross-references to specific pollutants and industries regulated under FIFRA.

FEEDLOT DISCHARGES AND EMISSIONS

See CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

FEES AND COSTS

– Attorneys' fees, recoverability by voluntarily dismissed RCRA defendant (N.D. Cal.), 2857
– Coal mining fee use for non-coal abandoned mine cleanup

– – Administration focus on coal mine cleanups, Senate hearing, 943
– – Approval

See LEGISLATION, FEDERAL, HR 4817

– Development, San Joaquin Valley (9th Cir.), 2735
– Landfills, Va. fee increase, 1379
– Motor vehicle inspection and maintenance, La., 2595
– Nuclear Waste Fund, challenge of fee collection (D.C. Cir.), 791; dismissal of petition, 2804
– Oil and gas production, Md. bill, 860; governor signs, 1023
– Oil Spill Liability Trust Fund expansion

See LEGISLATION, FEDERAL, S 3309

– Operating permits, Mich. request for EPA investigation, 701
– Ozone nonattainment fees, SCAQMD proposal, 180; vote deferred, 1083; adoption only as last resort, 1375
– Permit application penalty holiday, SCAQMD program, 569
– Plastic bags, environmental assessment of single-use bags, 613
– Regulatory fees as hidden taxes, Cal. ballot measure approval, 2477
– Renewable energy, electric utility fees impede development, 834
– Stormwater

– – D.C. impervious surface fee, federal agency refusal to pay, 960; water association on assessment of local fees on U.S. property, 1010; GAO on fee as tax, 2222
– – Local management fees, federal government payment

See LEGISLATION, FEDERAL, S 1816, S 3481

– Vehicle registration fees, Cal. air district increase to satisfy ozone nonattainment rules, 2424
– Water quality, Or. increase, 1913

FERTILIZERS

– Ammonia application, pollution exclusion clause (10th Cir.), 2876
– Fishermen need not show property damage to sue for economic losses due to pollutant release (Fla.), 1425
– GHG reporting, EPA agrees to revise rule (D.C. Cir.), 1634
– Groundwater contamination, dismissal of negligence, nuisance claims (Wis. Ct. App.), 1965
– Hazardous waste, RCRA settlement (M.D. Fla.), 1831
– Nutrient pollution

See generally NUTRIENTS

– Sludge use

See BIOSOLIDS

– Spent acid stream use, proposed consent decree (S.D. Tex.), 2008

FINANCIAL INSTITUTIONS

– Energy efficient homes, benefits of green financing

See LEGISLATION, FEDERAL, S 1379

– IMF green fund to assist developing countries transition to lower carbon energy sources, proposal, 270
– U.S. Export-Import Bank, loan guarantees for Indian coal-fired power plant, 1516

FINANCIAL RESPONSIBILITY

– Mountaintop mining, state criticism of GAO report, 378
– Superfund, proposed rule identifies additional industries, 71; advance notice of proposed rulemaking lists 5 additional industries, 114
– Uranium processing plant decommissioning, denial of good will request (D.C. Cir.), 2856
– USTs, Tenn. governor signs bill, 1086

FISH AND WILDLIFE

– Baca Natl. Wildlife Refuge, purchase and retirement of mineral rights (D. Colo.), 1475
– Bering Strait nature park, consideration of U.S.-Russia talks, 2026
– BP Deepwater Horizon oil spill

– – Monitoring of effects, 1158
– – Recovered oil revenue to establish rehabilitation fund, 1334

– Climate change

– – Cooperative strategy to address local impacts, 2182
– – Impacts, proposed studies, 735
– – Wind turbine policies, consideration of impacts, 833

– Coal mining, challenges of lease of Mont. school trust land (Mont. Dist. Ct.), 1199
– Conservation Reserve Program, enrollment numbers, 2088
– Criminal enforcement, 2009 cases, Analysis & Perspective, 574
– Fish consumption advisories

– – Lower Duwamish Waterway, 2362
– – Portland Harbor Superfund site, 1201

– Fish kills, indictment for chemical dumping in Fox River tributary (Ill. Cir. Ct.), 1323
– Grayling, challenge of discharge permit for Red Dog Mine expansion, 423; EPA withdrawal of five contested permit components, 789
– Gulf of Mexico oil and gas extraction, challenge as violation of acts, 1161
– Habitat protection, Colo.-oil and gas industry agreements, 1901
– Invasive species

See INVASIVE SPECIES

– Lead, petition for ban in shot, fishing weights, 1475
– Palmyra Atoll wildlife refuge, seafood processor challenge of designation (U.S., rev sought), 127; (rev den), 1012
– PCBs, Monsanto settlement to clean up Mont. creek (Mont. Dist. Ct.), 1023
– Pebble Project, Alaska suspension of permits, 446; reinstatement, 955
– Perfluorinated compound occurrence, Wash. study, 1853
– Raptor protection, wind turbine upgrades at Cal. resources area, 2766
– Wind energy, call for Atlantic resource development, 2681

FISH AND WILDLIFE SERVICE (FWS)

– Budget, impact of endangered species litigation costs, 561
– Former director Hamilton dies, 445

FISHING INDUSTRY

– BP Deepwater Horizon oil spill

– – Claims operation, 1537
– – Closure area expansion, 1158; easing of restrictions, 1839; means of informing public, 1904

– Climate change, impact of rising atmospheric CO2 levels, 2774
– Economic loss stemming from pollutant release, property damage not necessary for claim (Fla.), 1425
– Incidental discharges from commercial vessels, permit moratorium extension

See LEGISLATION, FEDERAL, HR 5301, S 3372

– Sea lion protections, Alaska fishery closure recommendations, 1844; state challenges commercial fishing limits (D. Alaska), 2815

FLORIDA

– BP Deepwater Horizon oil spill

– – Streamlining of claims process, attorney general on, 2158
– – Tar ball reports, 1270

– Dry bulk material handling and storage, settlement of air permit violations (M.D. Fla.), 408; sentencing, 1400
– Electric plants, Seminole Electric construction application for coal-fired unit at Palatka power plant, withdrawal, 33
– Everglades

See EVERGLADES

– Fishermen need not show property damage to sue for economic losses (Fla.), 1425
– Hazardous waste

– – Fertilizer maker settlement (M.D. Fla.), 1831
– – Unilateral cleanup of air force base violation of federal law, 2071

– Jet ski use in Gulf Islands National Seashore, order for further analysis (D.D.C.), 1602
– NPL, additions and deletions, 484; 2193
– Nutrients

– – Federal imposition of standards, trend for other states, 238
– – Numeric standards

– – – Proposed rule, 182; publication of proposed rule, 234; comment period extension, 570; comments, 1021; deadline extension to conduct scientific peer review, 1321; 30-day signing delay, 2223; finalization of rule, 2594
– – – State challenge (N.D. Fla.), 2766

– – Outlook 2010, SplRpt (1/22/10) S–28

– Offshore dredging for sand and gravel, EIA, 224
– Offshore oil and gas extraction, special legislative session considered, 1085; special session called to enact near-shore drilling ban, 1609; adjournment of special session, no action on ban, 1669; plans to address economic issues in 2011, 2035
– Petroleum contamination cleanup, veto override, 2594
– School board decision to build school on toxic ash, pollution exclusion applies (11th Cir.), 1582
– South Atlantic Alliance plan to protect coastal, ocean resources, 2370
– Takings, beach erosion control project upheld (U.S., aff'd), 1370
– Waste collection, veto override, 2594
– Water quality, proposed watershed boundary alterations, 1788; opponents response, 2092
– Water rights, use of ESA for higher downstream flows rejected (M.D. Fla.), 1730
– Wetlands, Cypress Creek Town Center dredge-and-fill permit (D.D.C), 1530

FLY ASH

See COAL ASH

FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

FOOD AND FOOD PRODUCTS

– Animal feed manufacturing

– – NESHAP, publication of final rule, 62; compliance date acceleration, 1630
– – Operating permits, mill settlement of Iowa violations (Iowa Dist. Ct.), 392

– Firing range, impacts on staples for local residents (D. Haw.), 2473
– Fish consumption advisories

– – Lower Duwamish Waterway, 2362
– – Portland Harbor Superfund site, 1201

– Gulf oil spill

– – La. seafood safety, BP agreement, 2468
– – Monitoring of effects, 1158

– Seafood processing

– – Consent decree settling air, EPCRA violations (D. Alaska), 908
– – Discharge permits

– – – Catcher-processor vessel, violations in Alaskan waters, 1532
– – – Operation without permit, settlement, 2476

– – Exxon Valdez oil spill damages (U.S., rev sought), 78; (rev den), 491
– – La. seafood safety, BP agreement, 2468
– – Palmyra Atoll wildlife refuge, challenge of designation (U.S., rev sought), 127; (rev den), 1012

FOREST SERVICE

– Climate change mitigation and adaptation, revised strategy, 1643
– FY2011 budget, administration proposal, 304

FORESTS

– Carbon capture capacity, report, 2357
– Carbon offset provisions in climate change bills

See LEGISLATION, FEDERAL, HR 2454, S 1733

– GHG tailoring rule, study on threat to renewable energy projects, 2797
– Grants, Legacy Program awards, 853
– Kyoto Protocol successor agreement

– – Cancun talks, progress possible, 2129
– – Land use loophole for planting, 1297

– Land management decision appeals limited, dismissal of challenge (9th Cir.), 2214
– Los Angeles area wildfire reforestation project, 801
– National forests

See NATIONAL FORESTS

– Western Oregon Plan Revisions, DOI forest management proposals, 1725

FREEDOM OF INFORMATION ACT (FOIA)

– CEQ revised rules, 1843

FUEL ECONOMY

– Air transportation, FAA technology development contracts, 1455
– Cal. air board support for federal increase proposal, 233
– Cars and light trucks standards

– – Consumer guide, release, 2458
– – House Republican join businesses in challenge (D.C. Cir.), 1128
– – Industry coalition challenge (D.C. Cir.), 1055; states, automakers motion to intervene on behalf of EPA, 1295; additional industry groups file separate suits, 1522; 25 challenges total filed, 1569
– – Letter grade labeling system, proposed rule, 1990; stakeholder comments, 2354; industry on uniform national system, 2404
– – 2009 models, trend of better mileage, 2567
– – 2025 standard, coalition recommendation to increase to 60 mpg, 2067; notice of intent to propose new standards, 2177; possible emission reduction target levels, 2244; OMB review of notice, 2619; additional analysis needs, notice, 2678

– Cash for Clunkers, program successes, 995
– Clean energy economy, impact on jobs, 608
– Corporate Average Fuel Economy, debate of effects, 2453
– Energy research projects, DOE grant awards, 994
– Gasoline demand reduction despite light truck bias, IEA forecast, 827
– GHG emissions reduction bill

See LEGISLATION, FEDERAL, S 3464

– Large vehicles

– – New technologies, projected efficiency gains, 732
– – Research and demonstration projects, DOE funding, 111

– Medium- and heavy-duty trucks, presidential directive, 1176; Cal. leadership role, 1177; administration proposal, 2403; comments at hearings, 2615
– OMB role in assessing benefits, environmental groups' concerns, 733
– Tires, proposed consumer information program, 608

FUELS

– Biofuels

See BIOFUELS

– Ethanol

See ETHANOL (64-17-5)

– Low-carbon fuels

See ALTERNATIVE ENERGY

– Marine fuel oil sulfur content

– – Final EPA rule consistent with MARPOL Convention, 6
– – Small refiners challenge EPA standard (D.C. Cir.), 1506
– – Steamship exemption from IMO standards sought, 7
– – U.S.-Canada coastal waters, IMO limits, 721; request for IMO designation of Caribbean waters, 2734

FUGITIVE EMISSIONS

– New source review reporting exemption, proposed 18-month extension of stay, 358; stay, 717

FURANS

– Waste disposal, remand of personal injury suit to state court (S.D. W.Va.), 2257

FURNITURE MANUFACTURING

– Wood furniture manufacturing, OMB review of proposed NESHAP, 2561; proposed rule, 2734; publication, 2843

FWS

See FISH AND WILDLIFE SERVICE (FWS)