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On the Hill
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Environmental Protection Agency imposes internal gag order; Bureau of Reclamation cuts staff in Denver; Sierra Club endorses Biden and slams McCain for misleading ad; EarthNews contrasts presidential candidates’ environmental advisors.
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In Brief
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Navy signs agreement regarding low-frequency active sonar as mid-frequency blasts implicated in another whale death; EPA issues permit for contested Desert Rock Energy coal-fired plant on Navajo land; California woman pleads guilty to illegal import of stuffed tiger; Exxon Mobil will pay EPA $2.64 million for Santa Barbara Channel PCB pollution; 23 companies pick up the tab for cleanup of Illinois IWI Industries site.
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Regulatory Roundup
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Department of the Interior establishes five-year lease program for offshore drilling, unveils recovery credit system and proposes to eliminate consultation under the Endangered Species Act; EPA issues metal fabrication and finishing air pollution rule; Forest Service amends Colorado roadless rule for pipeline construction; comments close on proposed changes to commenting procedures for National Marine Fisheries Service.
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Other
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Bruised peaches transformed into energy; newly discovered population of Congo lowland gorillas gives scientists hope.
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Clean Air Act
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State of North Carolina v. Environmental Protection Agency. D.C. Circuit rejects Bush administration’s Clean Air Interstate Rule.
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Other
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Oregon Natural Desert Association v. Bureau of Land Management.The 9th Circuit chastises Bureau of Land Management for failing to examine wilderness characteristics in southeastern Oregon.
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Contamination
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Exxon Shipping Co. v. Baker. U.S. Supreme Court slashes $2.5 billion punitive damages award for 1989 Exxon Valdez Alaskan oil spill calamity.
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Other
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Ogeechee-Canoochee Riverkeeper Inc. v. United States Army Corps of Engineers. Federal district court says Army Corps wrongfully exempted timber harvest at Georgia’s Cypress Lake from the Clean Water Act.
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Contamination
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Richard U. Pflanz v. Merrill Foster dba Friendly Foster’s Service. Indiana Supreme Court nixes application of 10-year pollution statute of limitations.
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Endangered Species
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American Wildlands v. Dirk Kempthorne. D.C. Circuit says Westslope cutthroat miscegenation doesn’t change status as own species, preventing endangered listing.
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Other
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The Estate of E. Wayne Hage v. The United States. U.S. Claims Court awards $4.2 million for Forest Service’s take from a cattle rancher.
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Endangered Species
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Coos County Board of County Commissioners v. Dirk Kempthorne. The 9th Circuit determines that marbled murrelet should stay listed after status review removes distinct population segment status.
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Healthcare
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State of Rhode Island v. Lead Industries Association Inc. Rhode Island Supreme Court rules lead-pigment manufacturers not liable for nuisance.
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Forests
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The Lands Council v. Ranotta McNair. The 9th Circuit clears the way for Mission Brush thinning project.
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Development
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Winnebago County Citizens for Controlled Growth v. The County of Winnebago. Illinois appellate court resuscitates residents’ challenge to a subdivision that they say could harm neighboring wetlands.
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Other
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National Wildlife Federation v. Ed Schafer. Washington federal district court grants temporary restraining order barring grazing and haying, which had been allowed under the Conservation Reserve Program.
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Military Technology
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Malama Makua v. Robert M. Gates. Oahu nonprofit claims that the Army breached a 2001 settlement agreement regarding plans to clear ordnance on culturally important land.
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Agriculture
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Organic Trade Association v. Robert J. Boggs. Organic farmers accuse Ohio Department of Agriculture of bowing to corporate pressure in bovine growth hormone labeling rule.
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Marine
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The State of New York v. Carlos Gutierrez. New York says state-by-state summer flounder limits should be scrapped in favor of coast-wide system.
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Healthcare
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Sierra Club v. Stephen L. Johnson. Environmentalists take aim at air fresheners of all varieties.
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Endangered Species
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Center for Biological Diversity v. U.S. Bureau of Land Management. Tortoise advocates say the Army’s plans to relocate nearly 2,000 threatened desert tortoises for Fort Irwin training center expansion in California will harm the threatened reptile.
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Clean Water Act
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Friends of the Everglades v. United States of America. Miami-based conservation group challenges June EPA water transfers rule in Florida Everglades.
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Mining
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Zachary Casey v. Blue Tee Corp. Oklahoma man claims injury from exposure to lead-tainted chat pilings created by decades of mining in Ottawa County.
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Contamination
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United States of America v. Citgo Asphalt Refining Company. U.S. demands $88 million from Venezuela-chartered ship that spilled oil in the Delaware River.
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Other
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Steadfast Insurance Company v. The AES Corporation. Insurance company says it has no obligation to defend energy corporation from suit by Alaskan village of Kivalina over effects of global warming.
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Clean Water Act
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Catskill Mountains Chapter of Trout Unlimited Inc. v. United States Environmental Protection Agency. Fishing groups and environmentalists challenge EPA’s June water transfers rule.
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Forests
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Greenpeace Inc. v. Forrest Cole. Environmentalists assail plan to log 33 million board feet of old-growth timber in Alaska’s Tongass National Forest.
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Contamination
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David E. Billings v. BP West Coast Products LLC. BP faces class-action lawsuit from more than 100 neighbors at its oil refinery in Carson, Calif.
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Other
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District of Columbia v. Federal Emergency Management Agency. D.C. says new flood elevations violate environmental law and will create enforcement hardships.
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Other
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Dan and Cathy Plite v. Suemaur Exploration Production LLC. Galveston, Texas couple accuses gas exploration company of skipping out after unproductive drilling, leaving behind poisoned land and animals.
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Marine
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Food & Water Watch Inc. v. U.S. Army Corps of Engineers. Consumer seeks to halt Pavlovian feeding experiments on black sea bass in Buzzards Bay, Mass.
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Clean Air Act
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Natural Resources Defense Council v. BP Products North America Inc. Group says $4 billion Whiting, Ind., refinery expansion is anything but “minor.”
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Energy
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Colorado Environmental Coalition v. Dirk Kempthorne. Environmental coalition wants to cut short plans for oil and gas exploration on Colorado’s biologically diverse Roan Plateau.
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Contamination
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City and County of San Francisco v. ExxonMobil Oil Corporation. San Francisco wants to hold ExxonMobil accountable for continual contamination from a fueling depot at Fisherman’s Wharf.
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Clean Air Act
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United States of America v. Alcoa Inc. The 5th Circuit upholds aluminum plant pollution operator extension despite differing timeline laid out in consent decree with public interest groups.
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