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Vol. 40, Nos. 1-44, pp. 1-2592 Jan. 2 - Nov. 6, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
I/M PROGRAMS
– Ammonia storage, company settles reporting violations, 2196
– Appropriations, legislature approves $71M for Environmental Quality Dep't, 955; governor signs bill, In Brief, 1025 – Battery fees, In Brief, 959 – Big Lost River whitefish, endangered listing review order (D. Idaho), In Brief, 846 – Drinking water, Twin Falls plans to borrow $33M to reduce arsenic concentrations (Idaho Dist. Ct.), 135 – Feedlots, governor signs CAFO enforcement bill, In Brief, 794 – Grazing impacts on sage grouse
See ENDANGERED SPECIES, subheading: Sage grouse
– Hells Canyon Dam, water temperature key issue in relicensing application, 1720 – I/M programs, Boise expansion, In Brief, 2426 – Septic tanks, legislature rejects rule requiring larger drain fields, 300 – Smoky Canyon phosphate mine expansion stayed, preparatory actions not considered in irreparable harm analysis, case remanded (9th Cir.), 950; expansion approved (D. Idaho), 1951 – Stormwater, construction firms fined, In Brief, 2525 – Water quality
– – Coeur d'Alene management plan, governor joins tribal officials in signing, 787; legislature approves transfer of funds, 955
– – Monitoring cut due to budgetary constraints, In Brief, 1268
– Bonds, governor signs bill expanding authority for renewable energy, clean coal projects, 1972
– Clean coal technology, governor signs bill establishing portfolio standard, enabling construction of gasification plant, 135; governor signs bill expanding bonding authority, 1972 – Diesel emissions, Chicago endorses idling limits, 2423 – Drinking water
– – Household wastes, governor signs bill requiring creation of management programs, 1972
– – Notification, governor signs bill, 2077 – – Village knowingly used tainted well for water supply, state alleges (Ill. Cir. Ct.), 1396
– – Franklin County Power lack of valid PSD permit blocks construction of plant (U.S., rev sought), 1045; (rev den), 1542
– – Midwest Generation
– – – New source review, federal, state authorities allege modifications made without proper permits, pollution control equipment (N.D. Ill.), 2094
– – – Particulate matter, coalition intends to sue, 1815 – FutureGen plant
See GREAT LAKES
– – Drum reconditioning, federal court lacks jurisdiction in state's claim alleging violations at facility (N.D. Ill.), 1087
– – Hydrocarbon plume cleanup in Ill., cost of RCRA compliance not dissolved by bankruptcy (7th Cir.), 2120 – – Perchloroethylene, state-issued no further remediation letter no bar to RCRA citizen suit (N.D. Ill.), 1439 – Lighting, governor signs bill creating public awareness campaign on fluorescent lighting, 2025 – Superfund
– – Asbestos contained within building, no CERCLA claim against prior owner (U.S., rev sought), 556; (rev den), 934
– – Chemetco, EPA proposes NPL listing, 2243 – – Insurance offset unresolved, order on liability not appealable (7th Cir.), 1646 – – Midwest Metallics site, auto fluff illegally dumped, settlement calls for $8.3M reimbursement to EPA (Bankr. N.D. Ill.), 1252 – – Municipal suit challenging ongoing state cleanup unlawful (C.D. Ill.), 1583 – – U.S. Smelter and Lead Refinery, EPA adds to NPL, 823
– – Chemical company president, manager sentenced for dumping wastes into sewer system (N.D. Ill.), 339
– – Tank overflow spills oily wastewater into river, state files complaint against Caterpillar (Ill. Cir. Ct.), 455
– Chemical weapons, challenge to disposal plan in 4 states rejected (D.D.C.), 2011
– Commercial and industrial solid waste incineration, EPA developing definition of nonhazardous solid waste to assist regulating emissions, 61 – Medical waste, EPA tightens NSPS, emissions guidelines, 2174; EPA publishes final rule, In Brief, 2331 – Permits, advocacy group sues Md. to force issuance for Baltimore plant (Md. Cir. Ct.), 256 – Pollution exclusion clause not limited to actions by policyholder, insurer has no duty to defend school board (M.D. Fla.), 1971
– Clean technology, joint U.S. cooperation improvements pledged, 1763
– Air toxics, class action claiming school children exposure falls under federal jurisdiction (N.D. Ind.), 2497
– Cinergy Wabash River Power Station, company paid retiree for testimony, new trial ordered (S.D. Ind.), 7; Cinergy to pay retrial costs, no sanctions for company attorneys, 94; retrial date set, In Brief, 322; retrial begins, 1101; jury finds Cinergy liable for 2 violations, clears company on 4 counts, 1229; judge orders closure of 3 units, imposes fine, 1279 – Coal gasification, governor signs bill allowing state to negotiate long-term contracts with planned plant, 788 – Great Lakes issues
See GREAT LAKES
– Hazardous waste
– – Barrel recycling plant owner sentenced for RCRA violations (N.D. Ind.), 496
– – Common-law liability claims barred by statute of limitations, brownfields statute claim timely (Ind.), 252 – – Misrepresentation, default judgment entered against company, willful and egregious conduct cited (S.D. Ind.), 1506 – Refineries
– – Benzene, EPA cites facility for releases from wastewater, 1280
– – Whiting plant modifications
– – – Civil claim may proceed, related claims currently before state regulator dropped (N.D. Ind.), 1543
– – – State to review operating permit, EPA order, 2480 – Sewer overflows, Jeffersonville agrees to upgrade sewers, prevent discharges into Ohio River (S.D. Ind.), 2249 – Superfund
– – Cost recovery claim timely filed, suit reinstated (7th Cir.), 702
– – H&H Enters. site, auto fluff illegally dumped, settlement calls for $8.3M reimbursement to EPA (Bankr. N.D. Ill.), 1252 – – Land Street Ground Water Contamination, EPA proposes NPL listing, 823; final rule, 2243 – – Successor liability, prior settlement agreement does not establish liability in later action (N.D. Ind.), 491
– Alaskan natives
– – Erosion due to climate change
– – – Impacts, Corps of Eng'rs to study, 381
– – – Inupiat Eskimo claims political issue inappropriate for federal trial court (N.D. Cal.), 2398 – – – Relocation, GAO reports minimal progress, 1379
– Housing, national green building standard will promote environmentally sound construction, builders' group says, 346
– Sustein nomination to head office, progressive group critical, 246
– Climate change
– – Planners need detailed information on future impacts, report says, 623
– – Transportation groups tell House panel incentives for green development needed, 689 – Electricity transmission grids
– CFCs, EPA proposes 63 ton allocation for makers in 2009, 163; final rule, In Brief, 1488
– Carbon sequestration, Outlook 2009, SplRpt (1/16/09) S–27
– Hydraulic fracturing
– – N.Y. issues EIS for natural gas drilling in Marcellus Shale, 2375; company announces it will not drill on leased land, 2534
– – Oil and gas industry prepares to fight to preserve exemption, 1305; companion bills introduced to regulate practice under SDWA, 1375 – – Pa. halts practice at natural gas wells following 3 spills, 2312 – Uranium mining, proposed N.M. site requires EPA permit, may be subject to Navajo ban (10th Cir.), 940
– Ballast water management, Or. governor signs bill authorizing sample collection, 1329
– Chemical Facility Anti-Terrorism Act includes unannounced inspections, House panel vote expected soon, 1388; further action, see LEGISLATION, FEDERAL, HR 2868 – EPA Inspector General investigations, Jackson directs employees to cooperate, 1965 – Hazardous materials transportation, Outlook 2009, SplRpt (1/16/09) S–54 – Motor vehicle emissions
– Defense contributions, poultry company has duty to help insurers pursue (Minn. Ct. App.), 1325
– Duty to defend
– – Notice of enforcement triggers (Ind.), 1186
– – Retail property contamination preexisting, undisclosed, insurer has no duty to defend (Ind. Ct. App.), 1397 – Pollution exclusion clauses
– – Aircraft fuel exposure, worker's claim not barred (Ohio Ct. App.), 1467
– – Commercial general liability policy clause not limited to actions by policyholder (M.D. Fla.), 1971 – – Concurrent causation requires insurers to pay all indivisible damage-related costs (Cal.), 581 – – Consequential damages, Tex. exclusion not limited to direct property damages (5th Cir.), 2357 – – Furnace emitting carbon monoxide, personal injury claims barred (5th Cir.), 1024 – – Gas naturally occurring, clause bars claims involving workers' deaths (N.D. Tex.), 1399 – – Notice requirement in buy back clause upheld, no coverage owed to oil company (Cal. Ct. App.), 1663 – – Solid waste used as fill material, coverage barred (N.D. Texas), 2261 – – Swimming pool microbes pollutants under Fla. law (S.D. Fla.), 2077 – – Wastewater dumped into Cal. sewer system, insurer has no duty to defend absent showing of sudden and accidental release (Cal. Ct. App.), 1732
– – Calif. can stack policies in Stringfellow Site case (Cal. Ct. App.), 131
– – Offset unresolved, order on liability not appealable (7th Cir.), 1646 – – Pleading test applies under R.I. law (1st Cir.), 792 – – Supreme Court cases, Outlook 2009, SplRpt (1/16/09) S–32
– Clean energy technology, innovation requires stronger protections, witnesses tell House hearing, 1825
– Climate change response, Salazar orders coordination of research programs, 2184
– Counselor, Bean hired, In Brief, 1460 – Deputy secretary, nominee Hayes agrees Endangered Species Act poor vehicle for controlling GHG emissions at confirmation hearing, 622; Senate energy panel approves nomination, 642; Murkowski (R-Alaska) joins Bennett (R-Utah) in holding up nomination to protest recent administration actions, 1081; Hayes confirmation stalls as Senate cloture motion fails, 1133; Senate confirms, 1261 – Economic stimulus
– – Energy projects, mine cleanups under consideration to create new jobs, 448
– – Secretary defends spending before House panel, 1855
– – Assistant secretary, Senate panel approves Strickland, 780; Senate confirms Strickland, 1082
– – Climate change strategic plan includes biological monitoring, 2237 – – Deputy assistant, Salazar names Shafroth, In Brief, 578 – – Director, Obama intends to nominate Hamilton, 1386; Hamilton receives friendly reception at Senate hearing, 1793; committee approves nomination, 1906 – Insular Areas Office, Senate committee approves Babauta as assistant secretary, 1905 – Land and Minerals Management Serv.
– – Assistant secretary, Obama nominates Lewis, 1082; confirmation threatened by Ariz. land swap disagreement, 1727; Senate panel approves nomination, 1854; Senate confirms nomination, 1965
– – Deputy assistant secretary, Salazar names Farquhar, 842 – Last-minute rulemaking by Bush administration, Obama orders hold on pending regulations, 180; DOI withdraws pending regulations for review, 243; public policy groups offer strategies for administration to reverse midnight rules, 244; Salazar plans review of midnight regulations, 245 – National Park Service, nominee Jarvis discusses views on use and protection of parks and nearby lands at Senate hearing, 1854; committee approves nomination, 1905; Senate confirmation, In Brief, 2306 – Policy, Management, and Budget Office, Senate confirms Suh, 1191 – Renewable energy coordination offices, Salazar announces plans to establish, 1053 – Secretary, Senate panel plans confirmation hearing for Salazar, 75; Senate confirms nomination, 182; Salazar keeps energy options open, 245 – Solicitor, Senate confirms Tompkins, 1520 – Surface Mining Reclamation and Enforcement Office, Obama to nominate Pizarchik as director, 1644; Senate receives nomination, 1775; committee approves nominee, 2410 – Water and Science Office
– – Assistant secretary, Obama nominates Castle, 780; Senate energy panel approves nomination, 1385; Senate confirms, 1520
– – Deputy assistant secretary, Salazar names Archuleta, In Brief, 884
– Climate change
See CLIMATE CHANGE
See KYOTO PROTOCOL
– Mercury – Shipbreaking, IMO adopts convention, 1174
– Radioactive materials transportation, U.S. agencies seek comments on rules, 1303
See also specific countries, international organizations, and agreements
– Climate change
See CLIMATE CHANGE
– Anti-fouling system control convention, House panel raises concerns over Coast Guard ability to enforce prohibition on vessels coated with tributyltin from entering U.S. waters, 1377; bill banning toxic antifouling systems, see LEGISLATION, FEDERAL, HR 3618
– GHG emissions reduction, committee approves voluntary, interim guidelines, 1753 – Inspector General report says new emission standards will improve air quality at ports, 672 – Outlook 2009, SplRpt (1/16/09) S–11 – Shipbreaking convention includes requirements for vessels, recyclers, 1174
– Clean energy technology
– – Business groups urge Obama to pursue agreement eliminating barriers, 1891
– – Tariff elimination would promote GHG emissions reduction, Paulson tells conference, 105
– – Border-adjustment taxes
– – Policy compatibility goal of administration, U.S. Trade Representative says, 917 – – Safeguards, House panel debates inclusion in bill to shield vulnerable sectors from unfair competition, 616; further action, see LEGISLATION, FEDERAL, HR 1759 – – Tariff provisions – – WTO members urged to negotiate code to address potential control measures, 487
– – Cathode ray tubes
– – – Cal. firm illegally sent to Hong Kong, EPA complaint says, 2120
– – – Okla. firm illegally sent to Hong Kong, EPA complaint says, 1438 – – Digital TV transition, environmental groups support delay to allow for export ban to developing countries, 110 – – Dumping, federal agents raid Colo. recycler alleged to have dumped components in China, 230 – – Outlook 2009, SplRpt (1/16/09) S–17 – Hazardous waste, OMB reviews rule harmonizing standards with Basel Convention, 2352 – Kyoto Protocol successor agreement, global business lobby calls for input into accord, 926 – Low-level radioactive waste import ban – Packaging, Wal-Mart plans to reduce amount in products sold in foreign markets, 237 – Phosphates in detergents, Wal-Mart plans to reduce amount in products sold in foreign markets, 237 – Radioactive waste – Steel, China's lax environmental standards yield disproportionate pollution, U.S. report says, 694
– Applicability Determination Index, In Brief, 1625
– Brownfields forum suggests issues for face-to-face discussion, EPA official plans meeting, 1180 – Discharge permit compliance and enforcement, EPA publishes data, 1649; state officials seek changes to data collection system, 2014 – Electricity transmission smart-grid activities, Senate panel approves draft cybersecurity bill, In Brief, 1173 – Electronic rulemaking, EPA solicits feedback, 1314 – Environmental performance, business tool provides information, best-practices exchange, 128 – Federal Register publishing format, In Brief, 2370 – Hazmat Intelligence Portal, Outlook 2009, SplRpt (1/16/09) S–54 – Nutrient TMDL for Chesapeake Bay and tributaries, EPA website to track development, 2068 – Permit applications, Md. governor signs website notice bill, 1142 – RGGI, offset project registration, In Brief, 1296 – Transportation-related GHG emissions reduction, association offers solutions on website, 1832 – Water pollution, EPA seeks input on enforcement, In Brief, 1963
– Great Lakes-St. Lawrence River Basin Water Resources Compact
See GREAT LAKES
– Motor vehicle emissions, Jackson discusses endangerment finding, 523
– TRI reporting, Jackson willing to restore stricter standards, 524
– Clean energy loan guarantees, companies finding investors uneasy, Chu says, 1291
– Disclosure of environmental risks expected to lead to new SEC requirements, Special Report, 1800 – Emissions trading programs
– – Commodity futures commission should play larger role in governing carbon markets, advisory committee says, 1115
– – Confidence essential for effective market, speakers say at briefing, 760
– Climate change, council proposes 56 policy options for reducing GHG emissions, 81
– Des Moines Ex-Ordnance Site Landfill and Lagoon Complex, Army Corps of Engineers to pay $2.6M in cleanup agreement, 280 – Electric power generation, Alliant subsidiary abandons plans to build coal-fired plant in Marshalltown, 551 – GHG emissions, Midwestern accord – Steel casting maker faces fine for violating particulate matter rules (Iowa Dist. Ct.), 2149 – Wind energy, governor signs tax credit bills, 1022
– Waste burning improper, veterans claim contractors' actions harmed soldiers (N.D. Okla.), 1839
– Castings maker faces fine for particulate matter violations at Iowa facility (Iowa Dist. Ct.), 2149
– China, lax pollution standards yield disproportionate pollution, U.S. report says, 694 – Coke production, state, federal regulators sue Pa. company for alleged opacity violations (W.D. Pa.), 2224 – Environmental impact statement for proposed Minn. plant adequate in addressing emissions' climate impacts (Minn. Ct. App.), 2311 – NESHAPs
– – Ferroalloy production area source category renaming, EPA issues final rule (correction), 11
– – Ferroalloys production facilities, EPA expands source category to include calcium carbide, silicon metal production, 9 – – Particulate matter and opacity monitoring at small steel mills with electric arc furnaces, EPA withdraws rule, In Brief, 470
– Klamath River dam removal
– – Agreement deadline extended, 1657; parties announce draft agreement, 2306
– – Ratepayer cost limits, Or. governor signs bill, 1736 – – Relicensing, FERC to consider discontinuation of process at meeting, 78
– Water reuse, ISO considers proposal for standard, 1382
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