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PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] Sent: Monday, June 04, 2001 11:06 PM To: BNA Highlights Subject: June 5 -- BNA, Inc. Daily Environment Report ______________________________ DAILY ENVIRONMENT REPORT Highlights & Table of Contents June 5, 2001 ______________________________ ISSN 1521-9402 Registered Web subscribers can access the full text of these articles by using the URL link supplied. Information about becoming a subscriber or signing up for a FREE Web trial is available at http://web.bna.com or call BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET). __________ HIGHLIGHTS __________ CHANGES CONSIDERED TO RELAX RULES FOR CERTAIN WETLANDS PERMITS Rules prohibiting development activities affecting 300 linear feet of stream bed would be relaxed in certain circumstances under changes to the wetlands program being contemplated by the U.S. Army Corps of Engineers. The corps is considering changes to several of its nationwide permits, which authorize activities in up to a half-acre of wetlands, according to a corps spokesman. The revisions come slightly more than a year after the corps published its package of new and revised nationwide permits, which included lowering the allowable amount of wetlands that could be impacted from three acres to a half-acre. . . . Page AA-1, E-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v9n2_ http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_ SUPREME COURT DECLINES REVIEW OF DECISION UPHOLDING PCB DISPOSAL RULE The U.S. Supreme Court announces that it will not review a federal appeals court decision that upheld an EPA regulation on polychlorinated biphenyl use and disposal. The court leaves standing an August 2000 decision by the Fifth Circuit Court of Appeals, which largely upheld the rule, known as the PCB Mega Rule. The Supreme Court denies review without comment. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3y2c7_ BUSH PRAISES EVERGLADES RESTORATION, CALLS FOR 'NEW ENVIRONMENTALISM' President Bush seeks to firm up his environmental credentials by pointing to his administration's request for $219 million for restoration of the Everglades and by calling for a "new environmentalism." The money is part of the federal government's commitment to an Everglades restoration effort enacted last year. Bush points to cooperation in the Everglades project as an example of the "new environmentalism for the 21st century." . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7w3_ REFINERY FOUND LIABLE FOR VIOLATIONS OF FEDERAL LAW, DESPITE STATE ACTIONS A petroleum refiner is liable for violations of various federal laws despite the initiation of a state enforcement action, a federal district court rules. The U.S. District Court for the Western District of Wisconsin grants partial summary judgment to the federal government on its claims that Murphy Oil USA Inc. is liable for violations of the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act at its refinery in Superior, Wis. The court rejects Murphy's claims that the initiation of state enforcement actions precludes EPA from bringing its claims. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t8w9_ EPA PLAN FOR GREAT LAKES TARGETS PERSISTENT BIOACCUMULATIVE CONTAMINANTS EPA's new strategy for cleaning up the Great Lakes Basin places a heavy emphasis on reducing persistent bioaccumulative substances, including mercury and dioxins, according to a notice scheduled for publication today. In its notice, EPA says it will host a series of public meetings to coordinate federal, state, and local cleanup efforts. . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6u1_ EPA CIRCULATES DRAFT OF ENFORCEMENT PRIORITIES FOR FISCAL 2002, 2003 EPA is putting the finishing touches on a list of enforcement priorities for fiscal years 2002 and 2003 that builds on progress made in six major areas during the previous two-year period, but budget cutbacks will force some consolidation in programs, an agency official tells BNA. The Office of Enforcement and Compliance Assurance sends a draft version of a memorandum of agreement guidance to EPA's 10 regional offices. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v0u3_ NINTH CIRCUIT HALTS TIMBER SALES TO PROTECT SALMON HABITAT, WATER QUALITY The U.S. Court of Appeals for the Ninth Circuit upholds a lower court's ruling that halted a number of federal timber sales in Oregon because of endangered species and water quality concerns. The ruling affirms a 1999 ruling by the district court which directed federal biologists to do more site-specific studies of the impact of the timber sales on salmon habitat and water quality. . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c5f0_ EPA ASSIGNS LOW ENFORCEMENT PRIORITY TO AQUATIC HERBICIDE DECISION EPA will not change its civil enforcement priorities on pesticides applied to water until the agency develops a concerted national approach to regulate such activities, according to a memorandum from EPA's Office of Enforcement and Compliance Assurance. The memorandum refers to a federal appeals court ruling that an irrigation district in Oregon may be subject to liability under the Clean Water Act because it failed to obtain a permit to spray aquatic herbicides on its canals. . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t5t8_ RESEARCHERS COULD HELP EPA IN USE OF MODELS TO PREDICT PEST RESISTANCE A panel of researchers is advising EPA on a framework that could help enhance the time genetically engineered, pesticidal corn is effective against pests, an EPA official and panel members tell a workshop. The EPA Office of Research and Development convenes a two-day workshop to address the management of insect resistance to Bacillus thuringiensis corn, which fights pests through the production of proteins--pesticidal toxins. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7j1_ ENERGY DEPARTMENT LAUNCHES INITIATIVES TO IMPROVE NATURAL GAS PIPELINES The Department of Energy announces that it will provide $4.4 million over the next three years to 11 new government-industry collaborations to improve the safety and performance of the nation's natural gas delivery system. . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4q7p7_ RENEWABLE ENERGY PROJECTS INCLUDED IN $3.5 BILLION ENERGY PLAN IN ILLINOIS Illinois legislators put together a $3.5 billion package of financial incentives for electric power companies and coal mining operations as a strategy to boost the sagging coal industry and to improve the reliability of the state's electric power generating network. The package also includes an environmental initiative aimed at financing renewable energy projects and a commitment to review regulations pertaining to emissions from older coal-fired power generating stations. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6n6_ __________________ INTERNATIONAL NEWS __________________ EUROPEAN PROGRAM: The European Parliament approves the first draft of a plan that is expected to guide the EU's environmental policies for the next decade. Environment ministers from the 15 EU nations now will seek their own common position on the draft. . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4a1x1_ BIOTECHNOLOGY: The United States formally protests regulations being drafted in the EU that would place strict traceability and labeling restrictions on bioengineered crops and products. The European Commission is expected to approve the new rules June 20. . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4x5f3_ CLIMATE CHANGE: The incoming Italian government calls on the EU to take a less strident position toward the United States over the Kyoto Protocol and calls into question the EU's united front for upcoming negotiations on the treaty. . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r9v3_ CLIMATE CHANGE: The United Nations unveils a four-year assessment of the world's ecosystems that some say could eventually improve the chances of success for the Kyoto Protocol. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u8z5_ ____ TEXT ____ WETLANDS: Army Corps of Engineers Proposal to Reissue, Modify Permits for Discharges of Dredged or Fill Material to Wetlands. . . . Page E-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS WETLANDS Corps considers changes to permits; stream bed activities ban targeted . . . Page AA-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v9n2_ ____ NEWS ____ BIOTECHNOLOGY U.S. protests new EU rules, says they may violate WTO agreement . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4x5f3_ CLIMATE CHANGE Italian government urges EU to soften tone toward U.S. on Kyoto pact . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r9v3_ ENDANGERED SPECIES Ninth Circuit upholds bar on timber sales . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c5f0_ ENFORCEMENT EPA to maintain focus in six areas; budget cuts force trade-offs . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v0u3_ Refinery is liable, despite state actions, for clean air, water, and RCRA violations . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t8w9_ EVERGLADES Bush calls for 'new environmentalism,' touts proposal for restoration effort . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7w3_ ILLINOIS Renewable energy projects included in Legislature's $3.5 billion power plan . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6n6_ INTERNATIONAL ISSUES Delegates approve draft of action plan to guide EU policies . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4a1x1_ U.N. assessment of world ecosystems seen as boost to chances for Kyoto Protocol . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u8z5_ PESTICIDES Low enforcement priority assigned to aquatic herbicide decision, official says . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t5t8_ Panel could aid EPA biotech regulation in use of models predicting pest resistance . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7j1_ PIPELINE SAFETY DOE launches initiatives to modernize natural gas pipelines . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4q7p7_ TOXIC SUBSTANCES Supreme Court declines review of decision upholding PCB rule . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3y2c7_ WATER POLLUTION Great Lakes cleanup strategy targets bioaccumulative contaminants . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6u1_ WETLANDS Corps considers changes to permits; stream bed activities prohibition targeted . . . Page AA-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v9n2_ Text of Corps of Engineers proposal to reissue, modify permits for dredged or fill material . . . Page E-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_ IN BRIEF Federal agencies share data on waste cleanups . . . Page A-11 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4d1g3_ Group sues EPA over Phoenix particulates . . . Page A-11 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4d1g6_ ________ CALENDAR ________ CONGRESS Legislative calendar . . . Page C-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4z4g4_ PRESIDENT President's calendar . . . Page C-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4z4f2_ PUBLIC LAWS Legislation recently signed into law . . . Page C-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4z6r1_ _________________ REGULATORY AGENDA _________________ COMMENT DEADLINES Due dates for comments on pending rules . . . Page D-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3t5x9_ JUNE 5 FEDERAL REGISTER Entries from today's table of contents . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c0e3_ JUNE 4 FEDERAL REGISTER Previous day's entries with page citations . . . Page D-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3t5b0_ ____ TEXT ____ WETLANDS Corps proposal to reissue, modify permits for dredged or fill material . . . Page E-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_ ______________ TABLE OF CASES ______________ Bahr v. Whitman (D. Ariz.) . . . Page A-11 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4d1g6_ Headwaters Inc. v. Talent Irrigation District (9th Cir.) . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t5t8_ Pacific Coast Federation of Fishermen's Associations Inc. v. National Marine Fisheries Service (9th Cir.) . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c5f0_ United States v. Murphy Oil USA Inc. (W.D. Wis.) . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t8w9_ Utility Solid Waste Activities Group v. EPA (U.S.) . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3y2c7_ __________ Daily Environment Report (ISSN 1521-9402) Highlights are published daily by The Bureau of National Affairs, Inc., 1231 25th St., NW, Washington, DC 20037. For account information and changes, contact 1-800-372-1033 (M-F, 8:30 am-7:00 pm ET) To request retransmission or to order a copy of the summarized article, contact 1-800-452-7773 or e-mail bnaplus@bna.com. Copyright © 2001 by The Bureau of National Affairs, Inc. Washington, D.C. 20037. Use of this service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or distribution is prohibited.
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