www.bna.com Environment Reporter: Current Developments
HomeIndexTable of CasesFeedbackwww.bna.com

Printable version (PDF) 

INDEX
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
    IDAHO
      – 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
      – Groundwater, legislature approves exemption for mining operations, 300
      – 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
    ILLINOIS
      – 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
      – Electric power
        – – 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
      – Food waste composting, governor signs bill, 2025
      – FutureGen plant
      – GHG emissions, midwestern accord
      – Great Lakes issues
      – Hazardous waste
        – – 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
      – Hog farm does not pose nuisance due to odor, jury finds (Ill. Cir. Ct.), 352
      – 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
      – Wastewater treatment
        – – 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
    IMO
    INCINERATORS AND INCINERATION
      – 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
    INDIA
      – Clean technology, joint U.S. cooperation improvements pledged, 1763
    INDIANA
      – 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
      – Hazardous air pollutants, parents file class action lawsuit against 11 companies claiming harm to children (Ind. Cir. Ct.), 789
      – 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
      – PCB lagoon cleanup, EPA issues final remedy selection, 881
      – 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
      – Retail property contamination preexisting, undisclosed, insurer has no duty to defend (Ind. Ct. App.), 1397
      – 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
      – Underground storage tanks, insurer has no duty to defend until notice of enforcement, 1186
    INDIGENOUS PEOPLES
      – 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
        – – Whaling, DOI approves drilling on 2 Beaufort Sea leases conditional upon accommodation, 2473
      – Ecuadorian Amazon environmental damage suit against Chevron, lawyers prepare final written arguments, 1135
    INDOOR AIR
      – Housing, national green building standard will promote environmentally sound construction, builders' group says, 346
    INFORMATION AND REGULATORY AFFAIRS OFFICE (OIRA)
      – Sustein nomination to head office, progressive group critical, 246
    INFRASTRUCTURE
      – Climate change
        – – Planners need detailed information on future impacts, report says, 623
        – – Transportation groups tell House panel incentives for green development needed, 689
      – Economic stimulus, House panel issues guidelines for agencies receiving funds, 706
      – Electricity transmission grids
      – Water systems
    INHALERS
      – CFCs, EPA proposes 63 ton allocation for makers in 2009, 163; final rule, In Brief, 1488
    INJECTION WELLS
      – 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
      – Refinery, executives plead guilty to improper waste disposal at Tex. facility (S.D. Tex.), 949
      – Uranium mining, proposed N.M. site requires EPA permit, may be subject to Navajo ban (10th Cir.), 940
    INSPECTIONS AND INVESTIGATIONS
      – 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
    INSURANCE
      – 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
      – Joint and several liability, insurers liable for pro rata allocation of cleanup costs at manufactured gas plant site (Mass.), 1913
      – 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
      – Superfund
        – – 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
      – Transfer of assets and liabilities to subsidiary transfers insurance coverage for pre-existing environmental liabilities (N.D. Ohio), 1916
    INTELLECTUAL PROPERTY RIGHTS
      – Clean energy technology, innovation requires stronger protections, witnesses tell House hearing, 1825
    INTERIOR DEPARTMENT (DOI)
      – 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
      – Fish and Wildlife Serv.
        – – 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
      – FY2010 budget, administration proposes spending cuts for unnecessary, redundant programs, 1078; request includes increased funding for conservation efforts, Great Lakes restoration, 1129; secretary cautioned to consider impacts of renewable energy development on public lands, 1317; House appropriations panel tweaks proposal, approves request, 1383; House appropriations committee approves bill, 1516; Senate committee approves $10.19B, 1517; further action, see LEGISLATION, FEDERAL, HR 2996
      – 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
      – Land Management Bureau, Obama intends to nominate Abbey as director, 1386; confirmation threatened by Ariz. land swap disagreement, 1727; Senate panel approves nomination, 1854; Senate confirms nomination, 1965
      – 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
    INTERNATIONAL AGREEMENTS
      – Climate change
      – Kyoto Protocol
      – Law of the Seas, witnesses urge Congress to ratify, 1083
      – Mercury
      – Russia, U.S. agree to form bilateral commission consisting of 13 working groups, 1632
      – Shipbreaking, IMO adopts convention, 1174
    INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA)
      – Radioactive materials transportation, U.S. agencies seek comments on rules, 1303
    INTERNATIONAL DEVELOPMENTS
      See also specific countries, international organizations, and agreements
      – Climate change
      – Energy efficiency, G-8, emerging countries to launch body for sharing information, 989
    INTERNATIONAL MARITIME ORGANIZATION (IMO)
      – 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
    INTERNATIONAL TRADE
      – Clean energy technology
        – – Business groups urge Obama to pursue agreement eliminating barriers, 1891
        – – Tariff elimination would promote GHG emissions reduction, Paulson tells conference, 105
      – Climate change
        – – Border-adjustment taxes
          – – – Canada official warns of impacts to multilateral system, 1113
          – – – EU official warns of difficult implementation, resulting retaliation, 1113
          – – – France considering tax, minister warns U.S., 1362
          – – – Implementation requirement
            See LEGISLATION, FEDERAL, HR 2454
        – – Kyoto Protocol successor agreement needed before climate reaches trade agenda, Lamy says, 2561
        – – 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
          See LEGISLATION, FEDERAL, HR 2454
        – – U.S. protectionism, threat of WTO challenge no excuse for congressional inaction, former WTO official says, 687
        – – WTO members urged to negotiate code to address potential control measures, 487
      – Electronic waste
        – – 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
        – – Computer monitors improperly exported, In Brief, 1775
        – – 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
      – Ethanol import tariff elimination
        See LEGISLATION, FEDERAL, HR 3187
      – Halon-1301, EPA relaxes import petition process for bottles used in aircraft fire suppression systems to speed testing, 535
      – 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
        See LEGISLATION, FEDERAL, HR 515, S 232
      – Nonroad engines, Miss. companies selling noncomplying imports from China violated CAA, suit alleges (D.D.C.), 1278
      – 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
        – – Ban on imports of Class A low-level waste
          See LEGISLATION, FEDERAL, HR 515
        – – Interstate compact cannot regulate import of Italian waste to Utah (D. Utah), 1179; compact plans appeal, 1372; state files appeal (10th Cir.), 1528
      – Spent nuclear fuel, NRC lacks authority to impose ban on imports, Klein tells House members, 932
      – Steel, China's lax environmental standards yield disproportionate pollution, U.S. report says, 694
    INTERNET
      – 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
    INTERSTATE COMPACTS
      – Great Lakes-St. Lawrence River Basin Water Resources Compact
      – Northwest Interstate Compact on Low-Level Radioactive Waste Management cannot regulate import of Italian waste to Utah (D. Utah), 1179; compact plans appeal, 1372; state files appeal (10th Cir.), 1528
    INTERVIEWS
      – Motor vehicle emissions, Jackson discusses endangerment finding, 523
      – TRI reporting, Jackson willing to restore stricter standards, 524
    INVASIVE SPECIES
    INVESTING
      – 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
      – Mining, Asarco awarded $6B damages for fraudulent stock transfers, should cover environmental liabilities (S.D. Tex.), 821
    IOWA
      – 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
      – Natural resource protection trust bill, In Brief, 403
      – Steel casting maker faces fine for violating particulate matter rules (Iowa Dist. Ct.), 2149
      – Wind energy, governor signs tax credit bills, 1022
    IRAQ
      – Waste burning improper, veterans claim contractors' actions harmed soldiers (N.D. Okla.), 1839
    IRON AND STEEL INDUSTRY
      – 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
      – Water pollution, environmental groups intend to sue EPA, Md. to force cleanup of Sparrows Point site, 1306
    IRRIGATION SYSTEMS
      – 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
    ISRAEL
      – Water reuse, ISO considers proposal for standard, 1382

Contact the Webmaster at webmaster@bna.com
1801 S. Bell Street, Arlington, VA 22202 - Phone: 1-800-372-1033

Copyright © The Bureau of National Affairs, Inc. All Rights Reserved.