Environmental Law Matters

Environmental attorney Sanders says Obama Administration punts carbon monoxide standards to another day.

2011-01-31T13:55:00.000-08:00

US EPA will maintain the current national air quality standards for carbon monoxide (CO) rather than create another major battle with Republicans in Congress over greenhouse gases under the Clean Air Act. EPA promises to gather additional data through more focused monitoring while it treads water on the issue.

The current health standards are 9 parts per million (ppm) measured over 8 hours, and 35 ppm measured over 1 hour. To ensure people are protected from high concentrations of CO and to develop better information about CO and its health impacts, EPA is proposing to revise the air monitoring requirements at some unknown date in the future.

The proposed changes would require a more focused monitoring network with CO monitors placed near highly trafficked roads in urban areas with populations of 1 million or more. The data from these sites would be available for scientific studies that could help inform future reviews of the standard.

EPA estimates that the proposal would require approximately 77 CO monitors in 53 urban areas. EPA expects that states would not need to purchase new monitoring equipment. They could relocate some of their existing CO monitors to the near-road monitoring stations already required in connection with the revised nitrogen dioxide standards issued in January 2010. CO monitors at the new locations would be required to be operational by January 1, 2013.

The proposed rule only addresses the primary CO standards and is consistent with the advice and recommendations from the agency’s independent science advisors, the Clean Air Act Scientific Advisory Committee.

CO is a colorless, odorless gas emitted from combustion processes. Nationally and, particularly in urban areas, the majority of CO emissions come from motor vehicles.

EPA will accept comments for 60 days after the proposed rule is published in the Federal Register. The Agency will hold a public hearing on this proposed rule on February 28, 2011, if EPA receives a request for one by February 18, 2011 EPA will take final action on this proposal by August 12, 2011.

More information: http://www.epa.gov/airquality/carbonmonoxide

Kentucky attorney Sanders says US EPA looking at vapor intrusion as a factor in Superfund's Harzard Ranking System for hazardous waste site.

2011-01-31T13:44:00.000-08:00

U.S. EPA is taking public comments on whether to include vapor intrusion threats as a component for including hazardous waste sites on the National Priorities List of Superfund sites.

Vapor intrusion describes the migration of volatile chemicals from contaminated groundwater or soil into the atmosphere, and is a particular concern if vapors enter an overlying building.

EPA will accept public feedback on specific topics related to the potential revisions to the Hazard Ranking System (HRS), which is used to evaluate sites for the Superfund list, for 75 days.

EPA will consider information gathered during the comment period, as well as input from three public listening sessions before making a decision on whether to issue a proposed rulemaking to add a vapor intrusion component to the HRS.

EPA will host its first public listening session at its Arlington, Va. office on February 24, 2011. Two additional listening sessions will be held in San Francisco, Calif. and Albuquerque, N.M. EPA will post dates, times and addresses for the listening sessions on its Superfund webpage.

More information on EPA listening sessions and the potential change to the HRS: http://www.epa.gov/superfund/sites/npl/hrsaddition.htm

More information on vapor intrusion: http://www.epa.gov/oswer/vaporintrusion/

More information on the HRS: http://www.epa.gov/superfund/programs/npl_hrs/hrsint.htm

Kentucky attorney Sanders says National Bed Bug Summit will be held February 1-2, 2011 in Washington, D.C.

2011-01-31T13:35:00.000-08:00

The Federal Bed Bug Workgroup will hold a National Bed Bug Summit on February 1-2, 2011. During the meeting, panels will discuss bed bug initiatives, identify gaps in knowledge and outline suggested ideas for improving control on a community-wide basis. Summit participants will develop recommendations for a national strategy on bed bug control. The meeting will focus on:

• what is being done to combat the problem at federal, state and local levels
• the importance of educating consumers and workers in various sectors
• improvements in prevention and control techniques
• controlling bed bugs in structured settings, such as schools, and multi-family and public housing
• state of bed bug knowledge and research needs

WHAT: National Bed Bug Summit

WHO: Officials from the U.S. Environmental Protection Agency, U.S. Department of Agriculture, Department of Housing and Urban Development, Department of Defense, National Institutes of Health, Centers for Disease Control and Prevention

WHEN: Tuesday, February 1, 2011, 8:30 a.m. – 5:45 p.m.
Wednesday, February 2, 2011, 8:30 a.m. – 4 p.m.

WHERE: Georgetown University Hotel & Conference Center
3800 Reservoir Road, N.W., Washington, D.C.

NOTE: The summit is open to the public but pre-registration is necessary to attend in person. To register, please email the following information (name, affiliation, address, phone number, and email address) to: BedBugSummit2Registration@epa.gov

The summit is also available via webinar. Instructions for signing on to the webinar: http://www.epa.gov/pesticides/ppdc/bedbug-summit/2nd-bedbug-summit.html

Kentucky attorney Sanders says FDA investigating possible link between breast implants and ALCL cancer.

2011-01-27T07:29:00.000-08:00

The U.S. Food and Drug Administration is investigating a possible association between saline and silicone gel-filled breast implants and anaplastic large cell lymphoma (ALCL). ALCL is a very rare type of cancer.

Data reviewed by the FDA suggest that patients with breast implants may have a very small but significant risk of ALCL in the scar capsule adjacent to the implant.

The FDA is requesting that health care professionals report any confirmed cases of ALCL in women with breast implants.

In an effort to ensure that patients receiving breast implants are informed of the possible risk, FDA will be working with breast implant manufacturers in the coming months to update their product labeling materials for patients and health care professionals.

According to the National Cancer Institute, ALCL appears in different parts of the body including the lymph nodes and skin. Each year ALCL is diagnosed in about 1 out of 500,000 women in the United States. ALCL located in breast tissue is found in only about 3 out of every 100 million women nationwide without breast implants.

In total, the agency is aware of about 60 cases of ALCL in women with breast implants worldwide. This number is difficult to verify because not all cases were published in the scientific literature and some may be duplicate reports. An estimated 5 million to 10 million women worldwide have breast implants.

The FDA notification is based on a review of scientific literature published between January 1997 and May 2010 and information from other international regulators, scientists, and breast implant manufacturers. The literature review identified 34 unique cases of ALCL in women with both saline and silicone breast implants.

Most cases reviewed by the FDA were diagnosed when patients sought medical treatment for implant-related symptoms such as pain, lumps, swelling, or asymmetry that developed after their initial surgical sites were fully healed. These symptoms were due to collection of fluid (peri-implant seroma), hardening of breast area around the implant (capsular contracture), or masses surrounding the breast implant. Examination of the fluid and capsule surrounding the breast implant led to the ALCL diagnosis.

The FDA is recommending that health care professionals and women pay close attention to breast implants and do the following:

Health care professionals are requested to report all confirmed cases of ALCL in women with breast implants to Medwatch, the FDA’s safety information and adverse event reporting program. Report by calling 800-332-1088.

Health care professionals should consider the possibility of ALCL if a patient has late onset, persistent fluid around the implant (peri-implant seroma). In cases of implant seroma, send fresh seroma fluid for pathology tests to rule out ALCL.

The FDA declared that there is no need for women with breast implants to change their routine medical care and follow-up. ALCL is very rare; it has occurred in only a very small number of the millions of women who have breast implants. Although not specific to ALCL, health care providers should follow standard medical recommendations.

Women should monitor their breast implants and contact their doctor if they notice any changes.

Women who are considering breast implant surgery should discuss the risks and benefits with their health care provider.

Kentucky attorney Sanders says cookie dough should not be eaten raw even if it tastes great because of potential health hazards.

2011-01-27T07:23:00.000-08:00

People should be cautious about eating raw dough for cookies or other raw dough products before the dough is properly baked because you could get sick. Baking cookie dough in a hot oven kills harmful bacteria, such as Salmonella and E. coli, and keeps you and your family safe.

If you have eaten raw cookie dough and suffer from stomach cramps, fever, vomiting or diarrhea, contact your health care provider. Anyone, of any age or health condition, could get very sick or die from potential bacterial contamination associated with these raw dough products.

Here are five helpful suggestions to keep healthy and safe:

1. Do not eat any raw cookie dough or any other raw dough product that’s supposed to be cooked or baked.
2. Follow package directions for cooking at proper temperatures and for specified times.
3. Wash hands, work surfaces, and utensils thoroughly after contact with raw dough products.
4. Keep raw foods separate from other foods while preparing them to prevent any contamination that might be present from spreading.
5. Follow label directions to chill products promptly after purchase and after using them.

Sounds like good old common sense to me.

Kentucky attorney Sanders says 54 gallons of soft drinks per person in USA is too much!!

2011-01-27T07:16:00.000-08:00

Did you know that according to the American Beverage Association American consumers on average drank just over 54 gallons of carbonated soft drinks each in 2005. That astronomical amount made carbonated soft drinks the most popular beverage in the U.S., almost three times more popular than bottled water, milk or coffee.

Carbonated soft drinks are the single largest source of calories in the American diet, according to a 2005 report called "Liquid Candy," produced by the nonprofit Center for Science in the Public Interest (CSPI).

Jeffrey M. Sanders says EPA is punting GHG issues related to biomass boilers for three years to further study the issues.

2011-01-12T14:01:00.000-08:00

U.S. EPA is deferring, for three years, greenhouse gas (GHG) permit requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources. By July 2011, EPA plans to complete a rulemaking that will defer permitting requirements for CO2 emissions from biomass-fired and other biogenic sources for three years. During the three-year period, EPA will seek input on critical scientific issues from its partners within the federal government and from outside scientists who have relevant expertise.

At the same time, EPA will also look at the more than 7,000 comments it received from its July 2010 Call for Information, including comments noting that burning certain types of biomass may emit the same amount of CO2 emissions that would be emitted if they were not burned as fuel, while others may result in a net increase in CO2 emissions. Before the end of the three-year period, EPA intends to issue a second rulemaking that determines how these emissions should be treated or counted under GHG permitting requirements.

EPA will also issue guidance shortly that will provide a basis that state or local permitting authorities may use to conclude that the use of biomass as fuel is the best available control technology for GHG emissions until the agency can complete an action on the three-year deferral in July.

More information: http://www.epa.gov/nsr

Jeffrey M. Sanders says US EPA offers updated guidance on cleaning up compact fluorescent bulbs.

2011-01-12T13:54:00.000-08:00

U.S. EPA updated its guidance on how to properly clean up a broken compact fluorescent lamp (CFL). Included with the guidance is a new consumer brochure with CFL recycling and cleanup tips. CFLs contain a small amount of mercury sealed within the glass tubing. When a CFL breaks, some of the mercury is released as vapor and may pose potential health risks. The guidance and brochure will provide simple, user friendly directions to help prevent and reduce exposure to people from mercury pollution.

More information on the clean up guidance: http://www.epa.gov/cflcleanup

Jeffrey M. Sanders says US EPA issues new guidance on hexavalent chromium for public drinking water systems.

2011-01-12T13:50:00.000-08:00

U.S. EPA issued guidance recommending how public water systems might enhance monitoring and sampling programs specifically for hexavalent chromium. The recommendations are in response to emerging scientific evidence that chromium-6 could pose health concerns if consumed over long periods of time. Apparently, EPA has figured out that if chromium-6 is in a public water supply, it may likely be ingested over a long period of time.

EPA’s enhanced monitoring guidance provides recommendations on where the systems should collect samples and how often they should be collected, along with analytical methods for laboratory testing. Systems that perform the enhanced monitoring will be able to better inform their consumers about any presence of chromium-6 in their drinking water, evaluate the degree to which other forms of chromium are transformed into chromium-6, and assess the degree to which existing treatment affects the levels of chromium-6 in drinking water.

EPA currently has a drinking water standard for total chromium, which includes chromium-6, and requires water systems to test for it. Testing is not required to distinguish what percentage of the total chromium is chromium-6 versus other forms such as chromium-3, so EPA’s regulation assumes that the sample is 100 percent chromium-6. This means the current chromium-6 standard has been as protective and precautionary as the science of that time allowed.

EPA’s latest data show that no public water systems are in violation of the standard. However, the science behind chromium-6 is still evolving. When the human health assessment is finalized in 2011, EPA will determine if a new standard needs to be set. More information on the new guidance to drinking water systems: http://water.epa.gov/drink/info/chromium/guidance.cfm

Attorney Jeffrey M. Sanders says January is National Radon Action Month.

2011-01-07T10:59:00.000-08:00

Radon is naturally occurring, odorless, and colorless gas produced by the breakdown of uranium in soil, rock, and water. Radon exposure is the leading cause of non-smoking lung cancer. Radon is a serious public health threat that is linked to more than 21,000 deaths per year, according to U.S. EPA’s Office of Air and Radiation.

Radon comes from the natural decay of uranium that is found in nearly all soils. Because radon is a radioactive material, radon in air is measured in "picocuries per liter of air," or "pCi/L."

As a gas, radon can enter buildings through openings or cracks in the foundation. Radon typically moves up through the ground to the air above and into your home through cracks and other holes in the foundation. Your home traps radon inside, where it can build up. Any home may have a radon problem.

Radon migrating up through soil can enter into new and old homes, well-sealed and drafty homes, and homes with or without basements. U.S. EPA estimates that one in 15 American homes contains high levels of radon. There are many kinds of low-cost "do-it-yourself" radon test kits you can get through the mail and in hardware stores and other retail outlets. Or, you can hire a qualified consultant to do the testing for you.

For information on who to contact for free radon test kits,call:
Kentucky Radon Program
275 E. Main St.
Frankfort, Ky. 40621
(502) 564-4856

Jeffrey M. Sanders says carbon dioxide levels at levels in the atmosphere not seen since the Eocene period, which occurred millions of years ago.

2011-01-06T15:01:00.000-08:00

There has been a lot of debate among scientists, political pundits, and television talking heads over greeenhouse gases and global warming. The term "greenhouse effect" means the rise in temperature that the Earth experiences because certain gases in the atmosphere (water vapor, carbon dioxide, nitrous oxide, and methane, for example) trap energy from the sun.

Without these gases, heat would escape back into space and Earth’s average temperature would be about 60 degrees (F) colder. However, too much carbon dioxide is not good for our modern society. So, while the debate continues without end, levels of carbon dioxide in the atmosphere continue to climb.

Current analysis suggests that the combustion of fossil fuels is a major contributer to the increase in the carbon dioxide concentration, such contributions being 2 to 5 times the effect of world-wide deforestation (Kraushaar & Ristinen).

As a result of fossil fuel consumption around the world, the Mauna Loa monitoring station reports the carbon dioxide level in the atmosphere is currently about 380 parts per million compared to 315 ppm in 1958 when modern measurements were initiated.

Measurements of air bubbles trapped in the Greenland ice sheet indicate concentrations of 270 ppm in preindustrial times. Carbon dioxide levels in the atmosphere now exceed anything Earth has experienced in the past million years and are rapidly approaching levels not seen since the Eocene when there were no ice caps, sea level was 100 meters above current levels, and there were crocodiles near the North Pole. This scenario does not bode well for our modern society.

For an interesting article on the health hardships that mankind will face as it moves towards closer towards a wetter and warmer climate, please go to: The Coming Health Crisis - The Scientist - Magazine of the Life Sciences http://www.the-scientist.com/article/display/57882/#ixzz1ACiqx4BA

Kentucky environmental attorney Sanders says South Carolina district court sets forth its interpretation of BFPP defense to CERCLA liability in noteworthy ruling.

2011-01-06T14:27:00.000-08:00

Whenever a business considers purchasing a piece of real property with pre-existing soil and groundwater pollution, there must be a great deal of preparation and thought at the beginning. The normal enticements of such a sale are greatly reduced purchase costs, an established location, and often generous tax breaks. A smart business person can take full advantage of purchasing a prime Brownfield location and avoid Superfund liability, if he or she does their homework before signing the purchase contract and taking possession of the property.

If not, the transaction may incur unforeseen and unwanted environmental costs, such as legal fees, engineering fees, civil penalties, cleanup costs, and disposal costs. Such incidental and unexpected costs may be far more than the original purchase price of the property. Thus, a potential purchaser must understand that the federal Superfund program imposes strict and joint liability on past and present owners, operators, generators and transporters for the disposal of hazardous substances.

This broad liability scheme explains why most businesses want to purchase and develop virgin farmland for new industrial and manufacturing plants rather than re-use existing facilities. Still in terms of real estate, almost nothing entices a potential purchaser as a prime piece of industrial property located near established connections to transportation routes, low cost, plentiful electrical and water supplies, and inexpensive labor costs. Recognizing the legal obstacles to re-use and re-development of existing industrial properties, Congress passed the Small Business Liability Relief and Brownfields Revitalization Act (the "Act") in 2002. The Act was intended to help governmental entities and third parties clean up and revitalize real property with low levels of pollution.

The Act provided a new legal defense to CERCLA liability for a purchaser that does not contribute to or otherwise aggravate pre-existing contamination at a Brownfield site. Again, all improper disposal of hazardous substances at the site must have occurred before the purchaser’s acquisition of the property.

As Ronald Reagan said, “The nine most terrifying words in the English language are: 'I'm from the government and I'm here to help.” Thus, the Act and its regulations have caused a great deal of confusion and disagreement over what does and does not meet the duty of reasonable care in purchasing a Brownfield property.

While the Act has several key provisions, let’s focus on the exemptions to federal Superfund liability given to Bona Fide Prospective Purchasers (“BFPP”) of contaminated property. A BFPP is a party, or tenant of that party, who acquires ownership of a Brownfield after January 11, 2002, the enactment date of the Act. The BFPP defense is nullified if the purchaser pollutes the property after taking ownership or otherwise fails to comply with the BFPP regulations.

Until recently there was no reported judicial interpreting the BFPP defense. Now, a federal judge in South Carolina has written a memorandum opinion on what must be proven by a purchaser of contaminated property in court to establish the BFPP defense and avoid CERCLA liability. The case is Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., No. 2:05-cv2782-MBS, 2010 WL 4025885 (D.S.C. Oct. 13, 2010). It is noteworthy that Ashley is a sophisticated and well-funded Brownfield developer, and therefore should have been able to establish the BPFF defense by a preponderance of the evidence. Unfortunately, that did not happen and the court allocated Ashley 5% liability for the $8 million cleanup.

The logic and standards in the district court’s opinion will probably be followed by other federal courts in this area of the country that look at the BFPP defense. Thus, it is worthwhile for every potential purchaser of a Brownfield site to read the opinion before signing a sale contract.

In Ashley II, the district court looked at the requirements of the BFPP defense found in U.S. EPA’s regulations and then determined via the evidence whether the actions taken by the prospective purchaser met the regulatory requirements. Below are the requirements of the BFPP defense and a summary of the evidence that the South Carolina district court used to make its ruling that the defense was not available to the purchaser of the contaminated property:

1. BFPP undertook “all appropriate inquiry” (AAI) before acquiring title to the property.

The district court said, “What is important is that [the new owner] acted reasonably; it hired an expert to conduct an AAI and relied on that expert to perform its job properly.”

The bottom line is that a prospective purchaser must hire an experienced, qualified environmental professional to perform an AAI using the most current standards accepted by U.S. EPA. As an aside, the greater the potential environmental liabilities found at a brownfield site, the higher level of expertise that a BFPP needs in an environmental professional.

2. BFPP provided all legally required notices with respect to the hazardous substances found on the facility.

The district court did not discuss this element of the BFPP defense in its ruling, as there were no legally required notices related to the brownsfield property.

The bottom line is that a BFPP must document all newly discovered hazardous substances found on the property and timely report them to the appropriate regulatory agency in writing.

3. BFPP exercised appropriate care by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to previously released hazardous substances.

The district court looked at U.S. EPA’s Interim Guidance on BFPP Status, which provides that the AAI will most likely inform the BFPP as to the nature and extent of contamination on the property and what might be considered reasonable steps regarding the contamination, i.e., how to stop continuing releases, prevent threatened future releases, and prevent or limit human, environmental and natural resource exposures.

The bottom line is that a BFPP must take reasonable action to abate an actual or threatened release of a hazardous substance at the site. Just as important, a BPFF cannot abandon or lessen such efforts, once undertaken.

4. BFPP gave full cooperation, assistance, and access to persons authorized to conduct a response action or natural resource restoration.

The bottom line is that a BFPP must be able to prove it provided full cooperation, assistance, and access to U.S. EPA and remediation contractors working at the site.

5. BFPP complied with all land-use restrictions and does not impede the effectiveness of any institutional controls at the facility.

The new owner’s environmental engineer testified at trial that there were no land use restrictions or unusual institutional controls in place at the site and that the new owner was in compliance with any controls in place, and his testimony was not contradicted. That testimony satisfied the court that the new owner complied with this element of the BFPP defense.

The bottom line is that a BFPP must honor land-use restrictions at the site imposed by U.S. EPA or other regulatory agency and cannot impede institutional controls instituted at the Brownfield site.

6. BFPP complied with information requests and administrative subpoenas under CERCLA.

The new owner’s environmental engineer testified that the new owner had complied with all EPA information requests and subpoenas, and an example of the new owner’s response to a U.S. EPA information request was introduced at trial. That testimony and evidence satisfied the court that the new owner complied with this element of the BFPP defense.

The bottom line is that a BFPP must comply with U.S. EPA’s requests and cannot ignore them. This task may sound simple, but it is usually one of the most burdensome tasks known to mankind and is often times impossible for a company to complete on time.

7. BFPP must prove that it is not potentially liable for response costs; is not affiliated with a potentially responsible party (PRP) through a family, contractual, corporate, or financial relationship; and, is not the result of a reorganization of a business entity that was potentially liable.

In the South Carolina case, the district court hammered the new owner because it had granted contractual releases and environmental indemnity agreements in favor of the original sellers. The district court found that the new owner had released and indemnified the original sellers at the time of disposal from environmental liability for contamination at the site and had “attempted to persuade EPA not to take enforcement action to recover for any harm at the Site caused by [the indemnitees].”

The district court concluded that by indemnifying the sellers, the new owner had contractually accepted the risk that the sellers might be liable for payment of response costs. The district court further reasoned that the new owner’s “efforts to discourage EPA from recovering response costs covered by the indemnification reveals just the sort of affiliation Congress intended to discourage.” As a result, the new owner’s affiliation with the past owner of the contaminated property nullified the BFPP defense. Without the BFPP defense, the new owner was stuck with the Superfund liabilities caused by the sellers.

The bottom line is that a BFPP must prove that is not affiliated with a PRP, as per U.S. EPA’s regulation. That task may be difficult to prove by a preponderance of the evidence in a sophisticated transaction among multiple parties that are redeveloping or re-using a Brownfield property. Almost every single entity involved in such a transaction wants contractual indemnification provisions placed in every transactional document. A district court will closely scrutinize each of these provisions when the new owner raises a BFPP defense to Superfund liability.

In conclusion, purchasing a Brownfield property has many advantages over building a new plant in a green space. What happens after sale acquisition and the re-use of the property is critically important to establishing and holding the BFPP defense. It makes no sense to put such a sophisticated deal together without making sure that the BFPP defense does not evaporate into thin air when exposed to the light of judicial examination and inquiry.

Kentucky environmental attorney Sanders says watch out for South Carolina's immigration bill next session.

2010-05-24T12:02:00.000-07:00

Can you believe this? South Carolina is considering a proposed bill that, like Arizona's recently-enacted law, would allow local law enforcement to check the immigration status of anyone they stop or detain. Because the current legislative session is winding down in South Carolina, the bill likely will not be introduced to the full state Senate this year.

Kentucky environmental attorney Sanders says yeast is tied to mankind dated back from biblical days.

2010-05-19T12:28:00.000-07:00

Yeast is a single celled organism that has the ability to produce carbon dioxide and alcohol. For this reason, it is of immeasurable value worldwide in the production of wheat bread, wine, and industry. Most of the yeast used in both baking and in fermentation of grape juice into wine is the ascomycete, Saccharomyces cerivisae.

Today, pure yeast may be purchased in almost any store and kept for a long time. But not long ago, it was essential to put aside a portion of the unbaked dough each time to ensure a supply of yeast for the next batch of bread. This lump, or starter, was a mixture of flour and yeast and is known as leaven. Leaven is a more accurate word than yeast to refer to the material used in Bible days to make bread.

Unauthorized campaign group airs ad

2010-05-12T07:52:00.000-07:00

Is it true that the Mountain Water District is plauged with money problems and is being audited by the Commonwealth of Kentucky? Magistrate Chris Harris is the target of a so-called unauthorized campaign group that is the first formed in Kentucky since the U.S. Supreme Court ruled corporations can support or oppose candidates.

The group Citizens for Eastern Kentucky Government has received $2,500 from The Law Office of Ray Jones & Bill Hickman and $15,000 from Utility Management Group, which operates Pike County’s Mountain Water District. The group is targeting Chris Harris, who has been highly critical of how the company is running the Mountain Water District.

See the following link: Unauthorized campaign group airs ad

The Mountain Water District serves the water and sewer utility needs for all of the unincorporated area of Pike County. Mountain Water District was created by the merger of Pond Creek Water District, Marrowbone Water District and Shelby Valley Water District on July 1, 1986. Mountain Water District provides water service to more than seventeen thousand (17,000) homes and businesses in Pike County and sewer service to more than twenty-three hundred (2,300) homes and businesses. Mountain Water District was created by the merger of Pond Creek Water District, Marrowbone Water District and Shelby Valley Water District on July 1, 1986.
The Mountain Water District serves all of the unincorporated area of Pike County.

The District is a quasi governmental agency that is administrated by a five (5) member board of commissioners. Commissioners are appointed by the Pike County Judge Executive with approval of the Pike County Fiscal Court. Commissioners serve for a term of four (4) years. Terms are staggered to provide continuity on the Board. The Board of Commissioners meets at the Mountain Water District office at 6332 Zebulon Highway at 10:00 AM on the last Wednesday of each month.

Kentucky environmental attorney Sanders salutes Wood Hudson Cancer Research Laboratory in Newport.

2010-04-01T08:57:00.001-07:00

Wood Hudson Cancer Research Laboratory was incorporated January 26, 1981. Twenty-nine years later, Wood Hudson has increased its staff, research facilities, research capabilities, and research collaborations.

Over that time, Wood Hudson scientists have published or presented more than 120 papers reporting their research discoveries. Research data from Wood Hudson has been: (1) published in peer-reviewed journals enabling use by other scientists to advance their research; (2) used by the U.S. EPA in making regulatory decisions on risks of human exposure to drinking water chemicals; (3) used to further drug discovery and development.

Its scientists have also worked with more than 188 undergraduate students. Ninety percent of the students who have participated in its Undergraduate Research Education Program (UREP) and graduated from college are now physicians or other health care providers, scientists, or teachers.

Kentucky environmental attorney Sanders says dairy cows produce a lot of wastes.

2010-04-01T08:56:00.000-07:00

How much manure does a dairy cow produce?

Answer: LOTS!!!

148 lbs. per day

1,036 lbs. per week

4,440 lbs. per month

54,020 lbs. per year

Kentucky environmental attorney Sanders says Kentucky to recieve $400 million in funds for bike lanes and trails.

2010-04-01T08:54:00.000-07:00

President Obama announced today that beginning May 1, federal highway funds for states will require a minimum of 7% of every public dollar be set aside to fund bike lanes. The stock price of Huffy Bikes soared to a new all-time record on the President’s announcement.

It is estimated that Kentucky’s new bicycling program will receive almost $400 million in federal tax dollars. The state highway department estimates that this money will fund almost 7,000 miles of bike lanes in Kentucky, most of which will be located in Senator Mitch McConnell’s home district.

If all goes as planned, US EPA estimates that greenhouse emissions will be cut by 22% from the reduced number motor vehicles on streets because of workers riding to work on their bikes rather than driving. EPA is hoping that regulation of greenhouse gas can be substantially scaled back due to the reduction in carbon emissions from cars and motorcycles left at home.

The American Medical Society welcomed the news and said that the additional exercise will cut medical costs an estimated $15-20 Billion per year over the next 10 years. The reduction in health care costs is based on the estimated amount of exercise needed to commute to work. The president of the AMA said, “no longer will Americans be fat and lazy because of a lack of exercise.”

AMA also wants the President to require bike helmets to prevent brain injuries from all this additional bike riding. Doctors are concerned that too many potential riders are too inexperienced to ride a bike without a helmet.

In support of exercise, President Obama said that he hopes to offer bikers a real incentive to bike to work. The President wants to give a $1,000 tax credit for every American worker who will bike to work a minimum of 20 times each year. Congress is expected to set the proposal in writing in the next 30 days.

All of this seems to be a win-win situation for America. However, Kentucky’s senior Senator, Mitch McConnell, said today that he opposes any idea that President Obama supports. “It is a matter of the senator’s principle to oppose everything that Obama wants,” according to an unnamed McConnell spokesperson.

Still the bacon is coming to Louisville in the form of "millions of dollars for bike lanes and trails,” according to Senator McConnell. Unfortunately, the senior senator does not own a bike, and is reportedly unable to ride one because of being totally uncoordinated.

Texas oil man, T. Boone Pickens, believes this measure will help reduce America’s funding of Middle Eastern counties by reducing the amount of foreign oil imported into this country. “Damn, I love this measure,” said Pickens. “It will help reduce our soaring national debt over time and reduce greenhouse gas emissions from cars. I am favor of Obama’s action,” he added. Pickens believes that Americans want bike lanes as an alternative means of getting to work and school. Pickens said that he is going to ride his bike to work as often as possible.

According to the new executive order, states are strongly encouraged to establish bike lanes along major traffic routes and in congested urban areas. The federal money can also be used to fund bike trails and parks for little kids to learn to ride two wheelers.

Many cities are announcing major decisions on new bike lanes. Locally, the mayors of Cincinnati, Covington, Florence, and Newport announced a new comprehensive system of interconnected bike lanes that they hope will bring more people back to the urban areas. The focal point of the plan is Covington’s Devou Park with its panoramic views of the Ohio River and downtown Cincinnati.

The Greater Cincinnati Airport announced that it would open its newest and longest runway to bike riders on the weekend. “We simply don’t use the main runways on the weekends since Delta Airlines left. The runways’ two miles of smooth level concrete will offer riders a place to race in a long straight line,” according to a press release from CVG’s airport board.

According to the NKY Chamber of Commerce, the group supports any activity that brings local residents back to the airport. There are rumors that the airport will host a bike race in May to compete with the Kentucky Derby.

Newport’s Hofbrauaus announced that it give a substantial discount to bicycle riders who visit the beer tent from 4 to 6 pm during happy hour. Waiters and waitresses will immediately dress in spandex biker’s shorts and tops to promote bicycling.

Several other beer joints along Route 8 in Northern Kentucky plan to give away beer to attract bikers. Many other area establishments are also making discounted beverages and meals available to bike riders in and around Cincinnati. Covington's chief of police said that his department would not tolerate drunken bikers in Covington. However, the chief seemed to change his mind when informed that the riders would be on bicycles and not motorcycles. He refused further comment and referred all questions to city attorney Frank Warnock.

Environmental attorney Sanders counsels Catlettsburg Kentucky to finish your paperwork on time and stop wasting taxpaper money on civil penalties.

2010-01-22T11:06:00.000-08:00

Kentucky Division of Water levied a $3,000 civil penalty against the city of Catlettsburg for failing to comply with federal and state clean water standards. The state agency fined the city because Catlettsburg did not submit a Sewer Overflow Response Plan, as it agreed to do. The plan was due in May 2008, but the city still does not have a plan. The city claims that it is working on one and needs more time.

In August 2007, Catlettsburg officials signed an agreed order with the Cabinet to eliminate its combined sewer overflows (“CSOs”). CSOs collect sanitary sewage, industrial wastewater and storm water in a single combined sewer system. During large rainfalls, the total water flows exceed the capacity of the collection system and/or treatment facilities, which causes them to overflow and pollute the receiving river with human and industrial waste.

Overflowing CSOs are not good for the river or anything that lives in or around the river. CSOs are now good for folks who depend on the river for their drinking water supply. Like the good people of Northern Kentucky who live downriver from Catlettsburg!

This incident is not the first civil penalty levied against the city. Catlettsburg was in trouble in February 2009. Once again, the city missed a deadline for a document required by the Clean Water Act. That resulted in a $4,000 civil penalty. Does any sense a common thread here?

To compound the current problem, Catlettsburg is also behind on getting a new permit for its waste water treatment plants. The city’s current permit expired in 2006.

Lesson to the wise: get your reporting submittals done on time and stop wasting public funds on civil penalties.

Kentucky environmental attorney Sanders says there is a buzz over beekeeping schools in the Commonwealth!

2010-01-22T10:37:00.000-08:00

The Kentucky Department of Agriculture, UK's Cooperative Extension Service and Kentucky State University are teaming up to offer beekeeping schools throughout the state. Whether you are a veteran beekeeper or a beginner eager to get started, these day-long educational workshops, held on Saturdays, offer sessions on everything from where to buy equipment to tips on harvesting your first batch of honey.

There has been a steady increase in the number of beekeeping schools in the state and the number of Kentuckians attending them. Kentucky State Apiarist Phil Craft estimated that 800 people attended the schools last year.

The series of beekeeping schools kicks off Jan. 23 with the Eastern Kentucky Beekeeping School in Hazard, followed by the Allen County Beekeeping School Feb. 6 in Scottsville, the Southeast Beekeeping School Feb. 20 in Whitley City, the inaugural Northeast Kentucky Beekeeping School Feb. 27 in Morehead and the Audubon Beekeeping School March 6 in Henderson.

The largest event will be the Bluegrass Beekeeping School March 13 at Kentucky State University in Frankfort. The featured speaker will be Dr. Dave Tarpy, entomology professor at North Carolina State University. Kentucky State University Apiculture Extension Specialist Dr. Tom Webster will teach beginning beekeeping sessions. Nearly 400 beekeepers and six vendors attended the 2009 Bluegrass Beekeeping School.

For more information on each school, visit www.kyagr.com/statevet/bees/index.htm.

Kentucky environmental attorney Sanders says EPA has opened the public comment period on cleanup of failed dredge cell at Kingston TVA plant.

2010-01-20T12:14:00.000-08:00

US EPA announced an Engineering Evaluation and Cost Analysis (EE/CA) Report for the non-time-critical cleanup alternatives for restoration of the Swan Pond embayment area impacted by spilled fly ash at the Tennessee Valley Authority (TVA) Kingston site in Roane County, Tenn.

The EE/CA Report also addresses stabilization and closure of the failed dredge cell. Public comments on the proposed alternatives in the document are being solicited now through Feb. 18, 2010, so they may be factored into the final decision. Step up and comment or keep quiet on your opinions.

The purpose of this EE/CA Report is to describe the objectives of the removal action in the embayment and dredge cell areas, as well as to describe and evaluate available alternatives for restoration of the environment impacted by the spilled fly ash. A separate EE/CA Report for the residual ash in the river system, after time critical dredging is finished, will be prepared at a later date.

Three restoration alternatives are evaluated in the EE/CA Report:
• excavate embayment and dispose material off site (2.8 million cubic yards of material), grade and close dredge cell;

• excavate embayment and portions of dredge cell and dispose material off site (6.8 million cubic yards of material), grade and close the remainder of dredge cell; and

• excavate embayment and dispose material on site (2.5 million cubic yards of material), and close the dredge cell.

All three alternatives restore the embayment to pre-spill conditions and have different levels of foundation treatment so the perimeter dike containment system will be protective and stable over the long-term. Several other options were considered, but not retained as alternatives, as explained in the EE/CA work plan.

The EE/CA Report and other important site documents have been placed in the Administrative Record and are available for public review and comment. All interested persons are encouraged to review the documents and provide comments.

Site documents can be read and reviewed at the following locations:

TVA Outreach Center
509 N. Kentucky Street
Kingston, Tennessee
865-632-1700

Kingston Public Library
1004 Bradford Way
Kingston, Tennessee
865-376-9905

These same documents are available on computer disk at:
Harriman Public Library
601 Walden Street
Harriman, Tennessee
865-882-3195

The Administrative Record is also available online at: www.epakingstontva.com and www.tva.com/kingston

Comments should be submitted by mail or e-mail to:

TVA
P.O. Box 40
Kingston, TN 37763-0400
Attn: Kingston Public Comments

E-mail: kingstoncomm@tva.gov

At the end of the 30-day comment period, a written response to all pertinent comments will be prepared in a responsiveness summary and placed in the Administrative Record. The final decision on the type of removal action needed will be a balance of engineering effectiveness, implementation concerns, cost, regulatory requirements, and public comment.

Kentucky wnvironmental attorney Sanders says US EPA is proposing tougher rules reducing small particulate matter that causes respiratory problems and damage to the environment.

2010-01-20T11:59:00.000-08:00

US EPA is proposing the strictest health standards to date for smog. The agency is proposing to set the “primary” standard, which protects public health, at a level between 0.060 and 0.070 parts per million (ppm) measured over eight hours. Children are at the greatest risk from ozone, because their lungs are still developing, they are most likely to be active outdoors, and they are more likely than adults to have asthma. Adults with asthma or other lung diseases, and older adults are also sensitive to ozone.

EPA is also proposing to set a separate “secondary” standard to protect the environment, especially plants and trees. This seasonal standard is designed to protect plants and trees from damage occurring from repeated ozone exposure, which can reduce tree growth, damage leaves, and increase susceptibility to disease.

In September 2009 Administrator Jackson announced that EPA would reconsider the existing ozone standards, set at 0.075 ppm in March 2008. As part of its reconsideration, EPA conducted a review of the science that guided the 2008 decision, including more than 1,700 scientific studies and public comments from the 2008 rulemaking process. EPA also reviewed the findings of the independent Clean Air Scientific Advisory Committee, which recommended standards in the above ranges.

Smog, also known as ground-level ozone, is linked to a number of serious health problems, ranging from aggravation of asthma to increased risk of premature death in people with heart or lung disease. Ozone can even harm healthy people who work and play outdoors. The agency is proposing to replace the standards set by the previous administration, which many believe were not protective enough of human health.

Ground-level ozone forms when emissions from industrial facilities, power plants, landfills and motor vehicles react in the sun.

EPA will take public comment for 60 days after the proposed rule is published in the Federal Register. The agency will hold three public hearings on the proposal: Feb. 2, 2010 in Arlington, Va. and in Houston; and Feb. 4, 2010 in Sacramento.

More information: http://www.epa.gov/groundlevelozone

Kentucky environmental attorney Sanders says EPA is asking for public input on effects of hazardous waste recycling on the poor.

2010-01-20T11:53:00.000-08:00

EPA is requesting public input on a draft plan for assessing the potential impacts of its hazardous waste recycling rule on low-income, minority and tribal populations. To encourage safe recycling and to help conserve natural resources, EPA’s Definition of Solid Waste (“DSW”) rule published in October of 2008, modified the regulations for hazardous materials that are recycled, also known as hazardous secondary materials.

This was a Bush Administration rule, so it is not good for poor folks. EPA is trying to reach out to stakeholders, including the environmental justice community, requesting public comment before the analysis begins. Lessons learned from the analysis of the DSW rule will also be used to inform EPA’s ongoing effort to strengthen the consideration of environmental justice in rulemakings.

EPA will discuss the draft methodology with the National Environmental Justice Advisory Council (NEJAC) at its national public meeting and host a roundtable to gain public input on the draft methodology. Both meetings are scheduled to be held on January 28, 2010, in New Orleans, La. EPA at NOLA seems an odd choice to me. NOLA might just have too much temptation, too much alcohol and too many cameras for a federal agency under seige from the right.

Thus, a second public roundtable meeting will be held on February 23, 2010 at EPA’s Potomac Yard Conference Center in Arlington, Va., and an online public roundtable will be held on February 25, 2010. The public may also submit written comments on the draft methodology until March 15, 2010.

For more information, go to: http://www.epa.gov/epawaste/hazard/dsw/ej.htm

Kentucky environmental attorney Sanders says Senator Murkowski is at center of storm by attacking EPA and taking campaign contributions from fossil fueled utilities.

2010-01-20T11:42:00.000-08:00

U.S. Sen. Lisa Murkowski, R-Alaska, announced in December her intention to file a disapproval resolution to stop the US EPA from regulating greenhouse gas emissions under the Clean Air Act. Murkowski's resolution comes in the wake of the agency's recent endangerment finding, which will result in damaging new regulations that endanger America's economy.

Her position opposing regulation of greenhouse gases and CO2 emissions in particular, comes as absolutely no surprise. Senator Murkowski received more campaign contributions from the utility industry than any other lawmaker during the 2009-2010 election cycle, according to data compiled by the nonpartisan Center for Responsive Politics.

Last year, Murkowski received $157,000 from electric utilities, and since 2005, she has received more than $244,000, according to the center's data. As the Alaska senator presses forward with efforts to block the Obama administration from regulating greenhouse gases under the Clean Air Act, her contributions from the utility industry and other energy interests have critics questioning her motives. Murkowski's campaign insists the re-election money does not influence her legislative actions.

Senate Murkowski is at a center of a storm by pushing to strip U.S. EPA of its ability to regulate for greenhouse gas emissions and taking large campaign contributions from fossil fueled utilities. What do you think about this situation. Does she have a conflict or does she have a great source of campaign contributions??

Kentucky environmental attorney Sanders says, "know the warning signs of asthma in children."

2010-01-20T11:31:00.000-08:00

Asthma is the leading cause of chronic illness in children. It affects as many as 10%-12% of children in the U.S. and, for unknown reasons, is steadily increasing. It can begin at any age, but most children have their first symptoms by age 5. No one really knows why more and more children are developing asthma.

An asthma attack is when your lungs aren’t getting enough air to breathe. Your child might be having an asthma attack if he or she has:
Trouble breathing
Wheezing
Coughing
Chest pain
Chest tightness

Signs and symptoms of asthma to look for in children include:

· Frequent coughing spells, which may occur during play, at night, or while laughing.
· Less energy during play
· Rapid breathing
· Complaint of chest tightness or chest "hurting"
· Whistling sound (wheezing) when breathing in or out
· See-saw motions (retractions) in the chest from labored breathing
· Shortness of breath, loss of breath
· Tightened neck and chest muscles
· Feelings of weakness or tiredness
· Dark circles under the eyes
· Frequent headaches
· Loss of appetite

Environmental attorney Sanders says AFL-CIO has an interesting web site showing CEO salaries for publicly traded companies.

2010-01-20T11:27:00.000-08:00

The AFL-CIO has an interesting database on the web that is culled from SEC filings for publicly traded companies in the U.S. called the Executive PayWatch Database. This database will provide with the following information on the CEO of companies work for or in which you hold stock:

What the CEO of your company took in last year.
How his/her pay package compares with yours, how long you would have to work to earn what the CEO gets in one year and the number of workers at your salary the CEO's compensation would support.
How his/her pay package compares with that of the average worker, a minimum wage earner and the president of the United States.
A fact sheet on all of these comparisons.

Check out the database.

Attorney Sanders says Kentuckians for Better Transportation report $316.5 million motor fuel taxes for UST cleanups diverted to state general fund.

2009-08-26T11:58:00.000-07:00

According to Kentuckians for Better Transportation, the Petroleum Storage Tank Assurance Fund, a tank remediation program and oil company indemnity fund for oil companies, is financed with a 1.4 cent per gallon levied on motor fuels. Normally, the gas tax generates about $44 million annually. Money in the fund is regularly swept into the state's General Fund to shore up the state's finances.

Members of Kentucky’s General Assembly apparently have no qualms about “sweeping fuel tax money out of the Petroleum Storage Tank Assurance Fund and into the General Fund. The motor fuel tax is intended to do two specific tasks: (1) clean environmental contamination from leaking underground storage tanks; and (2) help owners and operators of service stations meet the financial responsibility requirements in federal law.

The amount of money taken from this restricted fund is no small potatoes. In 2008, $81.5 million dollars in fuel tax dollars intended for the Petroleum Storage Tank Assurance Fund were diverted to the General Fund. In 2006, some $60.2 million dollars of fuel taxes collected for the fund were diverted. Including the current transfer, a total of $316.5 million has been diverted to the General Fund from the Petroleum Storage Tank Assurance Fund since its creation.”

The statute setting up this fund is clear and concise in its language: “It is the intent of the General Assembly that a state fund be created to assist petroleum storage tank owners or operators in complying with the federal financial responsibility requirements promulgated under federal regulations and to assist petroleum storage tank owners or operators in cleaning up contamination caused by a release.” There is nothing fancy or convoluted in the words setting up this tax on motor fuels or the intended purpose of this tax money.

Second, the 1.4 cent per gallon tax on motor fuels sold in Kentucky is supposed to be divided in the following manner: the financial assurance account shall receive four-tenths of one cent ($0.004) from the one and four- tenths cent ($0.014) paid on each gallon of gasoline and special fuels received in this state pursuant to KRS 224.60-145. The correct action account shall receive one cent ($0.01) from the one and four-tenths cent ($0.014) paid on each gallon of gasoline and special fuels received in this state pursuant to KRS 224.60-145.

The question is how is the General Assembly legally sweeping millions of dollars of these fuel tax dollars into the state’s general fund? Well, KRS 224.60-145 (5) reads:

Within thirty (30) days of the close of fiscal year 2001-2002 and each fiscal year thereafter, the state budget director shall review the balance of each account to determine if a surplus exists. "Surplus" means funds in excess of the amounts necessary to satisfy the obligations in each account for all eligible facilities, to satisfy future liabilities and expenses necessary to operate each account, and to maintain an appropriate reserve in the financial responsibility account to demonstrate financial responsibility and compensate for third-party claims. The state budget director shall report the determination to the Interim Joint Committee on Appropriations and Revenue. After a determination that a surplus exists, the surplus shall be transferred to a restricted account and retained until appropriated by the General Assembly.

Any person or entity who is, or has been, waiting months upon months on the state’s approval of payment from the Petroleum Storage Tank Assurance Fund for corrective action required at a gas station must wonder how the state budget director determined that a surplus of funds in the account. It begs the notion of what accounting standards are being employed in Frankfort.

Kentucky environmental attorney Sanders says USACE grants permit to Alaskan gold mine to dump mining wastes into lake.

2009-08-18T14:11:00.000-07:00

Kensington gold mine in southeast Alaska has been granted a green light by the U.S. Army Corps of Engineers to dump millions of tons of finely ground waste material into a nearby lake. The project has been the subject of a national environmental fight over whether navigable lakes and rivers can be used as dump sites for toxic mine tailings.

The corps last week announced it was extending Coeur Alaska's permit until 2014 and said that the mining company could construct a tailings storage facility in Lower Slate Lake, below the gold mine.

The U.S. Supreme Court this year upheld the project, but U.S. EPA urged the Corps of Engineers to take a second look at the lake disposal plan in July 2009. The EPA and several conservation organizations have advocated that mine operators think about turning the waste material into a paste and depositing it on land on the other side of the mine.

The company declined this disposal option and will instead fill in a portion of the lake with the mine tailings that are the same size and consistency of talcum powder. According to web site for the Kensington Gold Mine, the site has been the subject of 900 environmental studies, extensive public input and agency review.

Environmental attorney Sanders predicts big changes for electric grid in future as a result of Ninth Circuit decision on transformer efficiency.

2009-08-12T13:15:00.000-07:00

A recent Ninth Circuit U.S. Court of Appeals’ decision set up an agreement by the U.S. Department of Energy to review existing energy efficiency standards for electricity distribution transformers, the gray boxes mounted on utility poles. The agreement occurred in the case of People of California v. US Dept. of Energy. The state of California, Earthjustice, the Sierra Club and the Natural Resources Defense Council (NRDC) filed the lawsuit against DOE.

As a result of the appellate decision, DOE will also propose changes to maximize future savings three years earlier than it is otherwise required. The agreement is expected to speed up efforts to increase the efficiency and the cost-saving potential of energy transmission in the United States.

The transformers lawsuit was filed by the environmental groups in December 2007, challenging the Bush Administration’s weak energy efficiency standards. The states of California, New York, Connecticut, and New Jersey and the city of New York filed a similar lawsuit.

I predict that this case will have a major, far reaching impact on the electric grid in the U.S. Far too much electrical energy is wasted on the transmission side, and President Obama is gun ho for energy efficiency. So, look for USDOE to take advantage of this opportunity to push for more energy efficient transformers in the near future.

Kentucky environmental attorney Sanders says US DOE issues subpoena to AeroSys, Inc., for information on energy efficiency standards.

2009-08-12T12:00:00.000-07:00

The U.S. Department of Energy issued a subpoena to AeroSys, Inc. to obtain data necessary to determine whether certain AeroSys commercial air conditioners and heat pumps comply with relevant Department of Energy (“DOE”) energy efficiency standards. The subpoena seeks detailed information about how AeroSys certified its compliance with applicable DOE standards and how it marketed its products.

Yesterday's action reflects the Obama Administration’s commitment to strengthen appliance efficiency standards that will save consumers millions of dollars and reduce greenhouse gas emissions across the country. President Obama and Secretary Chu have moved aggressively to clear the backlog of energy efficiency standards for appliances and reinforce the Department’s efforts to save energy for American consumers and businesses.

In February 2009, President Obama tasked the Department of Energy with quickening the pace of energy conservation standards for appliances, while continuing to meet legal and statutory deadlines. Since then, the Department of Energy has announced a series of efficiency standards, including an announcement in June that increased efficiency requirements for certain fluorescent and incandescent lamps, saving consumers between $1 and $4 billion per year.

There seems to be big trouble at this company and Secretary Chu is going kick some serious butt, if the company has been fibbing on its products' energy efficiency ratings. You can bet on it.

Kentucky environmental attorney Sanders says US EPA pops six entities for violations of Clean Water Act.

2009-08-12T11:53:00.000-07:00

US EPA issued Consent Agreements and Final Orders (CA/FOs) against six entities throughout the Southeast for violations of the Clean Water Act (CWA). The defendants in Georgia, Kentucky, North Carolina and South Carolina agreed to come into compliance and pay a combined total of $207,500 in civil penalties.

Five entities were cited for alleged stormwater-related violations of the CWA. Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies.

The settlements and associated penalties include:

Capital City Club, for violations at the Brookhaven Golf Course in Atlanta, Ga. (civil penalty of $157,500);
Grand Communities, Limited, for violations at its Granite Spring subdivision in Cold Spring, Ky. (civil penalty of $12,000);
Chase-Reese-Carlisle, LLC, for violations at its Steeplechase subdivision in Richwood, Ky. (civil penalty of $5,500);
Louisburg Plaza, LLC, for violations at its Louisburg subdivision in Louisburg, N.C. (civil penalty of $5,000); and
BBS Builders and Development Co., LLC, for violations at its Mitchiner Hills subdivision in Clayton, N.C. (civil penalty of $15,000).

A settlement was also reached with Greenwood Metropolitan District, which agreed to pay a civil penalty of $12,500, for exceeding the Whole Effluent Toxicity (WET) requirements of its National Pollutant Discharge Elimination System permit at the wastewater treatment plant in Greenwood, S.C.

WET is the total toxic effect of effluent measured directly with a toxicity test. It is a useful parameter for assessing and protecting against aggregate impacts from the discharge of pollutants.

Kentucky environmental attorney Sanders confirms that US EPA has an agreed order on consent with Wisconsin Plating of Racine for CAA violations.

2009-08-12T11:47:00.000-07:00

U.S. EPA Region 5 has reached an agreement with Wisconsin Plating of Racine (formerly Racine Plating Co.) on alleged Clean Air Act violations at the company's facility at 620 Stannard St., Racine, Wis.

The agreement, which includes a $30,000 penalty, resolves EPA allegations that Wisconsin Plating violated EPA regulations regarding control of hazardous air pollutant emissions from solvent cleaning machines. The company uses the hazardous air pollutant trichloroethylene in its vapor degreaser. EPA learned of the alleged violations from the company's semi-annual report required by the national emissions standard for hazardous air pollutants.

Breathing or drinking high levels of trichloroethylene may cause nervous system effects and liver and lung damage. It is used mainly as a solvent for cleaning metal and plastic parts.

Kentucky environmental attorney Sanders says Michigan flooded with $1 billion in grants for new battery technology projects.

2009-08-05T12:54:00.000-07:00

President Obama announced that $1 billion in grants were awarded to companies and universities based in Michigan. Reflecting the state’s leadership in clean energy manufacturing, Michigan companies and institutions are receiving the largest share of grant funding of any state.

Two companies, A123 and Johnson Controls, will receive a total of approximately $550 million to establish a manufacturing base in the state for advanced batteries, and two others, Compact Power and Dow Kokam, will receive a total of over $300 million for manufacturing battery cells and materials.

Large automakers based in Michigan, including GM, Chrysler, and Ford, will receive a total of more than $400 million to manufacture thousands of advanced hybrid and electric vehicles as well as batteries and electric drive components.

Three educational institutions in Michigan, the University of Michigan, Wayne State University in Detroit, and Michigan Technological University in Houghton in the Upper Peninsula, will receive a total of more than $10 million for education and workforce training programs to train researchers, technicians and service providers, and to conduct consumer research to accelerate the transition towards advanced vehicles and batteries.

Kentucky attorney Sanders asks what happens to clunker cars traded in under the CARS program?

2009-08-05T12:41:00.000-07:00

The CARS Act requires that the trade-in vehicle be crushed or shredded so that it will not be resold for use in the United States or elsewhere, as an automobile. The entity crushing or shredding the vehicles in this manner will be allowed to sell some parts of the vehicle prior to crushing or shredding it, but these parts cannot include the engine or the drive train.

Indeed, car dealers must destroy the engines of every vehicle they take in through the Car Allowance Rebate System (CARS) Program, formerly known as “Cash for Clunkers.” The Engine Disablement Procedures for the CARS Program call for dealers to drain all engine oil from the trade-in vehicle, re-install the oil drain plug, add two quarts of the sodium silicate solution, replace the oil fill cap and run the engine at 2000 rpm until the engine stops.

The agency has tested this method at its Vehicle Research and Test Center and found it safe, quick, and effective, according to the NHTSA Final Rule for CARS.

Kentucky environmental attorney Sanders says U.S. EPA proposes to lowed NO2 emissions via tighter air quality standards.

2009-07-27T11:23:00.000-07:00

U.S. EPA has proposed to revise the nation's nitrogen dioxide (NO2) air quality standard. The proposed changes to the NO2 standard reflect the latest science on the health effects of exposure to NO2, which is formed by emissions from cars, trucks, buses, power plants, and industrial facilities and can lead to respiratory disease.

EPA's proposed revisions apply to the primary NO2 standard and would:

• establish, for the first time, a one-hour NO2 standard at a level between 80 - 100 parts per billion (ppb),

• retain the current annual average NO2 standard of 53 ppb,

• add NO2 monitoring within 50 meters of major roads in cities with at least 350,000 residents, and
• continue monitoring of "area-wide" NO2 concentrations in cities with at least 1 million residents.

According to EPA, the proposed new standards and additional monitoring requirements would protect public health by reducing people's exposure to high, short-term concentrations of NO2, which generally occur near roadways. The proposal would also ensure that area-wide NO2 concentrations remain below levels that can cause public health problems.

Current scientific evidence links short-term NO2 exposures, ranging from 30 minutes to 24 hours, with increased respiratory effects, especially in people with asthma. These effects can lead to increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations such as children, the elderly, and asthmatics.

EPA first set standards for NO2 in 1971, establishing both a primary standard to protect health and a secondary standard to protect the public welfare at 53 ppb, averaged annually. Annual average NO2 concentrations have decreased by more than 40 percent since 1980. All areas in the United States are well below the current (1971) NO2 standards with annual averages ranging from approximately 10 - 20 ppb.

EPA will accept public comments for 60 days after the proposal is published in the Federal Register. The agency will hold two public hearings in August 2009: one in Los Angeles and one in the Washington, D.C. area. EPA will provide details on the public hearings in a separate notice issued later this summer. EPA must issue a final decision on the NO2 standard by Jan. 22, 2010.

Details about the proposal: http://www.epa.gov/air/nitrogenoxides.

The proposed standard will impact Kentucky's coal-fired electric generating plants, and may require installation of new air pollution control equipment.

Kentucky environmental attorney Sanders congratulates Jim Hecker and Joe Lovett on 2009 William O Douglas Award from Sierra Club.

2009-07-21T14:11:00.000-07:00

Jim Hecker, Public Justice's long-time Environmental Enforcement Project Director, has been named a recipient of the Sierra Club's 2009 William O. Douglas Award, which recognizes outstanding use of the legal process to achieve environmental goals, particularly those with national significance.

Jim will share the honor with Joe Lovett, executive director and a founder of the Appalachian Center for the Economy and the Environment, for their determined and ongoing efforts to hold the coal mining industry in check for practices that wreak environmental havoc on land, water and air and endanger the health of people, animals and plant life in neighboring communities.

Under Jim's leadership, the Environmental Enforcement Project at Public Justice has taken the lead in challenging the coal industry's destructive mountaintop removal mining practices in Appalachia since 1998. At Public Justice, he has litigated over 30 citizen suits in 14 states under federal environmental statutes regulating clean air, clean water, hazardous waste, and coal mining. He and Joe have been co-counsel in a dozen such cases in West Virginia, Virginia and Kentucky.

Jim and Joe will receive their award at the Sierra Club's annual Volunteer, Honors and Awards Dinner in San Francisco on September 26.

Please join me in congratulating Jim for his extraordinary, tireless, and winning efforts on behalf of the residents and the environment of Appalachia.

Kentucky environmental attorney Sanders asks, "What is bottom ash from a coal-fired electric generating plant?"

2009-07-21T14:10:00.000-07:00

Bottom ash is a coarse, granular, incombustible byproduct that is collected from the bottom of furnaces that burn coal for the generation of steam, the production of electric power, or both. Bottom ash is coarser than fly ash, with grain sizes spanning from fine sand to fine gravel. The type of byproduct produced depends on the type of furnace used to burn the coal.

Kentucky environmental attorney Sanders asks, "What is fly ash from a coal-fired electric generating plant?"

2009-07-21T14:08:00.000-07:00

Fly ash is the finest of coal ash particles. It is called "fly" ash because it is transported from the combustion chamber by exhaust gases. Fly ash is the fine powder formed from the mineral matter in coal, consisting of the noncombustible matter in coal plus a small amount of carbon that remains from incomplete combustion. Fly ash is generally light tan in color and consists mostly of silt-sized and clay-sized glassy spheres. This gives fly ash a consistency somewhat like talcum powder.

Environmental attorney Sanders says Kentucky River Authority discusses state of coal ash ponds and coal slurry ponds in 2009 meeting minutes.

2009-07-21T14:03:00.000-07:00

Did you ever wonder what is discussed in internal meetings about the safety and inspections of coal ash ponds and coal slurry ponds in Kentucky? Well, one such meeting was held by the Kentucky River Authority to discuss potential impacts on the Kentucky River basin from such ponds in February 2009. It is an interesting read.

If you are, take a look at the following link: http://finance.ky.gov/NR/rdonlyres/A25940D4-DF13-46CF-90C9-54C2C759567F/0/MTG143.pdf.

The discussion of ponds, inspections and safety factors begins at page 72 of the PDF copy of meeting minutes.

Kentucky environmental attorney Sanders says U.S. may have much greater wind energy generation capacity than currently estimated.

2009-07-21T07:14:00.000-07:00

This story in the New York Times says a Harvard University study shows that the U.S. could end up being the big leader in wind power. The link for the article is at: http://greeninc.blogs.nytimes.com/2009/07/16/study-suggests-wind-power-potential-is-much-higher-than-current-estimates/

Among the findings in the NY Times article:

Using data from thousands of meteorological stations, the Harvard team estimated the world wind power potential to be 40 times greater than total current power consumption. A previous study cited in the paper put that multiple at about 7 times.

In the lower 48 states, the potential from wind power is 16 times more than total electricity demand in the United States, the researchers suggested – significantly greater than a 2008 Department of Energy study that projected wind could supply a fifth of all electricity in the country by 2030.

While remote regions of Russia and Canada have the greatest theoretical potential, the Harvard study pointed out that there are real gains to be made in high-emission nations, especially China, which has been rapidly constructing coal plants. “Large-scale development of wind power in China could allow for an 18-fold increase in electricity supply relative to consumption reported for 2005,” the Harvard study said.

The authors based their calculations on the deployment of 2.5- to 3-megawatt wind turbines situated either in accessible rural areas that are neither frozen nor forested, or relatively shallow offshore locations. They also used a conservative 20 percent estimate for capacity factor, a measure of how much energy a given turbine actually produces.

Study authors point out that other wind energy forecasts were based on 50- to 80-meter turbines. They say that turbines could be as large as 100 meters and based their estimates on the larger possible generators.

Attorney Sanders says NKU wins $1 million grant to improve information environment in rural Kentucky!

2009-07-21T07:08:00.001-07:00

Northern Kentucky University has received a Laura Bush 21st Century Librarian Program grant that will expand online paraprofessional library programs and provide scholarships and technology stipends to 50 library staff members working in the commonwealth's high-poverty rural areas.

NKU, which received $999,558, is one of 33 universities nationwide that received the grant, while 111 schools submitted proposals that totaled $63 million. The grant will enhance existing associate and bachelor's degree programs and provide scholarships which will increase the level of education and leadership among library staff in 50 targeted counties in eastern and far western Kentucky.

The programs will include Kentucky's compulsory online certification program, the online associate's degree at Bluegrass Community and Technical College and a new bachelor's completer program in library informatics at NKU. The programs are designed to provide a progression from basic certification through an undergraduate degree, both improving skills and knowledge on the job and readying students for pursuit of a master's degree in library science.

In western and eastern parts of Kentucky, counties are in the utmost need of professionally trained library practitioners. Almost one third of the directors of county librarians throughout Kentucky lack an undergraduate degree. Library directors in these regions are extremely dedicated and would benefit from the critical skills and knowledge provided by the program, positively impacting the level of service they can provide to their communities.

Most librarians in these areas do not hold degrees because of financial barriers and location barriers. The Laura Bush 21st Century Librarian Program grant received by NKU seeks to address both of these hurdles by providing completely online programs, renewable scholarships and technology stipends that include laptop computers and Internet access.

Kentucky environmental attorney Sanders says Duke Energy, LG&E and KU have high hazard coal ash ponds in state.

2009-07-20T12:51:00.000-07:00

In response to an EPA information request on units handling wet or slurried coal combustion residues (“CCRs”), electric utilities have so far identified a total of 427 units managing slurried CCRs to EPA. The units are usually called coal ash ponds, bottom ash ponds, or waste ponds.

Forty-four (44) of these units at 26 different locations have been assigned a high hazard potential rating, using the criteria developed by the National Dam Safety Program for the National Inventory of Dams. Hazard potential ratings are generally assigned by the State Dam Safety officials. The 44 sites were spread across 10 states as follows:

North Carolina, 12 (Belmont, Walnut Cove, Spencer, Eden, Mount Holy, Terrell and Arden).
Arizona, 9 (Cochise, Joseph City).
Kentucky, 7 (Louisa, Harrodsburg, Ghent and Louisville).
Ohio, 6 (Waterford, Brilliant and Cheshire).
West Virginia, 4 (Willow Island, St. Albans, Moundsville, New Haven).
Illinois, 2 (Havana, Alton).
Indiana, 1 (Lawrenceburg).
Pennsylvania, 1 (Shippingport).
Georgia, 1 (Milledgeville).
Montana, 1 (Colstrip).

The infamous TVA coal ash dam in Kingston, TN is not included on the list. The "high hazard" label was self-assigned. TVA apparently did not consider its coal ash dam at Kingston quite hazardous enough to make the grade. It makes you wonder on the validity of this information.

CCRs consist of fly ash, bottom ash, coal slag, and flue gas desulfurization (FGD) residue. CCRs contain a broad range of metals, for example, arsenic, selenium, cadmium, lead, and mercury, but the concentrations of these are generally low. On the other hand, the overall volume of these wastes is absolutely enormous. If not properly managed, (for example, in lined units), CCRs may cause a risk to human health and the environment and, in fact, EPA has documented cases of environmental damage.

Environmental attorney Sanders says Commonwealth welcomes another giant industrial faming operation to western Kentucky.

2009-07-14T13:02:00.000-07:00

Perfect Ocean Corporation is purchasing 100-acre tract in Christian County, Kentucky to raise fish on an industrial scale. Plans call for housing more than 1,000 large fish tanks plus an International Visitors Center. Perfect Ocean specializes in building and managing state-of-the-art above ground, indoor re-circulating aquaculture facilities.

The company uses vertically integrated solutions are capable of growing industrial-scale quantities of more than 20 of the world’s most popular fish species. When completed next year, this campus will constitute the largest indoor fish-cultivation facility in the world.

Its 55 million-pound output will be premium-priced Enviropure™ species -- all of which will be sold prior to harvesting to major users like hotels and restaurant chains, fast-food chains, cruise lines, grocery chains, re-packagers and other institutional buyers.

Perfect Oceans obtained a $5 million Kentucky Rural Economic Development Authority (KREDA) grant from Kentucky. The grant provides for a 15-year abatement of state income taxes as well as rebates to us amounting to 66% of the employee wage taxes.

Perfect Oceans is also preparing to file a Memorandum of Agreement and Inducement Letter with Christian County authorities to obtain $70 million in industrial development revenue bond financing. The plant expects to have 1,000 new jobs when fully staffed.

Environmental attorney Sanders says, "Kentucky recycle that old analog television rather than throwing it in the dump."

2009-06-18T06:40:00.000-07:00

After June 12, 2009 all full power television stations will only broadcast in digital, over-the-air signals. EPA encourages all U.S. citizens who own an analog TV set and who receive free broadcasts (via rabbit ears or a roof-top antenna) to extend the life of their TV by subscribing to a paid TV service or connecting it to a converter box. Energy Star-qualified digital converter boxes are available for purchase.

For consumers who choose to buy a new TV, EPA recommends purchasing Energy Star-qualified sets. EPA also encourages consumers to recycle their unwanted TVs, which recovers valuable materials from the circuit boards, metal wiring, leaded glass, and plastics.

Last year Americans disposed of more than 20 million TVs rather than recycle them, which represent millions of lost opportunities to conserve natural resources such as copper and iron. Consumers who are interested in recycling their old TVs can contact their local household hazardous waste collection and recycling program to find out whether they will be sponsoring an upcoming recycling event.

EPA is working through its Plug-In To eCycling program to promote the environmental benefits of recycling and provide the public with information on safely reusing and recycling obsolete electronics products, including televisions, computers, and cell phones. Plug-In To eCycling is a partnership between EPA and electronic manufacturers and retailers to offer consumers more opportunities to donate or recycle their used electronics.

More information on the digital TV transition: http://www.epa.gov/epawaste/conserve/materials/ecycling/tv-convert.htm
Important iore information on where to recycle a TV: http://www.epa.gov/waste/conserve/materials/ecycling/tv-challenge.htm

Kentucky environmental attorney Sanders says World Naked Bike Ride is novel way to protest gloabl warming and carbon emissions from mobile sources.

2009-06-16T13:11:00.000-07:00

In May and June each year, you can take part in the World Naked Bike Ride in approximately 70 cities throughout the world. Upcoming rides in the United Kingdom, include rides through Belfast, Cardiff/Caerdydd, Brighton, Cardiff, Edinburgh, Manchester, Sheffield, Southampton, York and London. Check the below link for a city near you.

Over 1000 naked, body-painted and scantily-clad cyclists turn out for the annual World Naked Bike Ride in London, protesting against climate change and the tyranny of the automobile. Motorists stuck in traffic jams may get more than they bargained for during rush hour.

Nudity is optional – riders are encouraged to go “as bare as you dare” – while the route offers an enjoyable “naked sightseeing experience”, passing a number of city-centre landmarks. You can sign up for the ride at: http://www.worldnakedbikeride.org/

Naked Bike Riding Tips
Smile and have lots fun with it.
Prepare for riding rain or shine!
If sunny, put on sunscreen!
You do not have to be naked to join the ride.
Wear shoes!
Keep your cloths with you — you never know when you may need them (like… after the ride.)
Decorate your bike! Come with signs and funky hats! Cover your bike seat with fun fur.
Ride safely and stay together as a group.
Tell your friends! Spread the word!

P.S. I don’t expect to see a naked bike ride protesting climate change or motor vehicle congestion being held in Cincinnati, Louisville, or Covington this century, or next! Somehow, this event sounds better than it probably looks.

Kentucky environmental attorney Sanders supports the American Clean Energy and Security Act and asks for your support with your Congressman.

2009-06-15T10:40:00.000-07:00

developed nations must reduce global warming pollution and inspire developing countries to do their fair share as well. We as Americans must become involved in saving the planet from catastrophic climate change.

In May, the House Energy and Commerce Committee took the first big step toward achieving this goal by approving the American Clean Energy and Security Act. The committee’s vote helps build momentum for setting the nation’s first limits on global warming pollution, sending Americans back to work building a clean energy economy and reducing our dependence on foreign oil.

As currently written, the American Clean Energy and Security Act would reduce global warming pollution 17 percent below 2005 levels by 2020 and 83 percent below 2005 levels by 2050. It also sets a goal of producing 20 percent of America’s energy from renewable energy, a portion of which could be met with energy efficiency measures.

Finally, the bill would fund clean energy technologies and green jobs training programs to empower local communities to build these technologies. These measures would establish the United States as a worldwide leader in clean energy technologies and in efforts to prevent the worst effects of global warming from occurring.

The House of Representatives is expected to vote on the American Clean Energy and Security Act by the end of June; until then, the challenge is to ensure that the bill is not weakened or derailed completely.

What to do ==

Send a message right away urging your representative to support and vote Yes for the American Clean Energy and Security Act (H.R. 2454). It is the responsible ethical action to take to protect the wonderful gift from God that is our planet. It is truly the right action to take to protect our planet for our children and children’s children.

== Contact information ==

You can send a message to your representative directly from NRDC’s Action Center at http://www.nrdconline.org/ct/L75VFUn1FqVv/

If you prefer to call your representative, the Capitol switchboard number is 202-224-3121.

We must secure energy independence for America, and this Bill is a good first step. Help end our dependence on foreign oil and make our country free of shipping trillions of dollars overseas in return for energy that we can make here on American soil.

Kentucky environmental attorney Sanders says Knott County receives $1.1 million for Irishman Creek drinking water project

2009-06-09T13:05:00.000-07:00

The Department for Natural Resources’ Division of Abandoned Mine Lands (AML) announced the commencement of construction for the Irishman Creek Phase IV Water Supply Project for Knott County, Kentucky.

Music Construction, Inc. has been awarded the approximate $1.1 million project contract, with RM Johnson Engineering providing engineering inspection services. On-site construction began the end of May.

A groundwater contamination study performed by the Knott County Fiscal Court, and funded by AML, found that much of the groundwater in the Irishman Creek watershed has been impacted by pre-1982 mining, making it eligible for assistance for water supply replacement from the AML program.

This will be the final phase of construction for the extension of public waterlines to serve the remaining 241 affected residences of the watersheds of Big Branch of Troublesome Creek, Irishman Creek and Trace Fork of Irishman Creek.

The project area will include Flax Patch Branch, Mill Branch, Alum Cave Branch, Madden Fork, Mill Creek, Lick Branch, Short Branch and Swift Shoal Branch and will be conducted entirely in Knott County. The project will involve the installation of approximately 13.7 miles of water main, one booster pump station and meters at approximately 208 residences.

Since the project’s inception, AML has installed approximately 37.5 total miles of water main and four booster pump stations within the project area. Moreover, AML has provided approximately 672 residences with access to a much needed public water supply.

AML is authorized under KRS 350 to abate hazards to public health, safety and the environment from abandoned coal mines. AML has a water supply replacement program that extends waterlines into areas where well water has been contaminated by past coal mining.

To date, AML has expended over $71 million dollars for waterline improvements and has provided over 11,316 households with potable water supplies in 24 counties in eastern, southern, and western Kentucky. AML funds a portion of the cost of these water replacement projects based on the mining impacts found in groundwater quality studies.

Kentucky environmental lawyer Sanders says U.S. EPA reaches settlement in Breslube-Penn Superfund site in Pennsylvania.

2009-06-08T14:23:00.001-07:00

Thirty-six companies allegedly responsible for hazardous contamination of soil and groundwater at the Breslube-Penn Superfund Site in Coraopolis, Pa., have agreed to cleanup up the site, the U.S. Environmental Protection Agency and the U.S. Department of Justice announced today.

According to the settlement filed in U.S. District Court in the Western District of Pennsylvania, the companies have agreed to fund and/or complete a $12 million cleanup at the seven-acre site. The settling companies have also agreed to reimburse EPA $3 million in past costs at the site, and to pay for EPA’s future costs, which include oversight of the cleanup.

The Commonwealth of Pennsylvania, which has also signed the consent decree, will be reimbursed $41,000 for its past enforcement costs and will also recover future response costs. The United States has collected more than $4.2 million in prior settlements with other parties, bringing the total value of the judicial settlements involving this site to more than $19 million.

According to EPA and the Commonwealth, industrial activities at the site contaminated soil and groundwater with volatile organic compounds, semi-volatile organic compounds, PCBs, metals, and cyanide.

The settling companies include nine (AK Steel, Alcoa, Inc., CBS Corporation, Elliot Company, Exxon Mobil Corp., Ford Motor Company, General Motors Corporation, Hussey Copper Ltd., and United States Steel) that have agreed to conduct the EPA-approved cleanup.

Under the settlement, these nine companies will remove oil and other pollutants and then install a cap and slurry wall containment system to prevent the release of any additional contaminants. These companies will also remediate the groundwater outside the containment area. The remaining defendants have agreed to help fund the cleanup.

The consent decree is subject to a 30-day public notice and comment period, and final court approval. A copy of the consent decree is available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html.

Additional information about the Breslube-Penn Superfund Site is available at http://www.epa.gov/reg3hwmd/super/sites/PAD089667695/index.htm .

Kentucky environmental lawyer Sanders says U.S. Supreme Court rules that Massey Energy can't buy the appearance of a justice in West Virginia.

2009-06-08T14:10:00.001-07:00

In a highly anticipated case involving the intersection of justice, politics and money, the U.S. Supreme Court ruled for the first time that the Constitution can require an elected state-court judge to step aside in a particular case based on campaign spending in state judicial races.

In a 5-to-4 decision released on June 8th, the high court found that the circumstances surrounding Justice Brent D. Benjamin of the West Virginia Supreme Court and a lawsuit involving the Massey Energy Company, his major campaign contributor, were so “extreme” that there was no question that Justice Benjamin should have disqualified himself.

Because 39 states have legal systems in which judges are elected, the outcome of the West Virginia case has been eagerly awaited. Kentucky's judges are elected, so this case is relevant to judges in the Bluegrass state.

Justice Benjamin, who is the chief justice on the West Virginia high court, twice joined 3-to-2 majorities to throw out a $50 million verdict against Massey Energy, one of the country’s biggest coal companies. The cases involved a contractual dispute with another coal company, Harman Mining, and its president, Hugh Caperton. Massey’s chief executive, Don L. Blankenship, spent $3 million in the 2004 campaign to elect Justice Benjamin.

Once elected to West Virginia’s Supreme Court, Justice Benjamin refused to recuse himself from the appeal of the Massey case. So much for traditional notions of fair and blind justice in a court of law.

All of this sounds like the novel I just read from the local library, "The Appeal" by John Grisham. In the book, Mr. Grisham makes the important point about how the justice system in more than half of the 50 states is increasingly threatened by this kind of big-money, hard-core gutter politics.

Kentucky environmental attorney Sanders says websites have paint calculators to estimate amount of paint needed for job.

2009-06-08T14:03:00.001-07:00

An EPA study issued in April 2007 estimates that about 10 percent of the U.S. house paint purchased each year - about 65 to 69 million gallons - is ultimately discarded. To help you buy just enough, Earth 911 -- http://www.earth911.org – has tips on its Paint Wise page and there are several paint calculators online.

Kentucky environmental attorney Sanders says lead paint poses dangers to children and pregnant women in Kentucky.

2009-06-08T13:58:00.000-07:00

Lead-based paint is a major source of lead poisoning for children and can also affect adults. In children, lead poisoning can cause irreversible brain damage and can impair mental functioning. It can retard mental and physical development and reduce attention span.

It can also retard fetal development even at extremely low levels of lead. In adults, it can cause irritability, poor muscle coordination, and nerve damage to the sense organs and nerves controlling the body.

Lead poisoning may also cause problems with reproduction (such as a decreased sperm count). It may also increase blood pressure. Thus, young children, fetuses, infants, and adults with high blood pressure are the most vulnerable to the effects of lead.

Lead was used as a pigment and drying agent in "alkyd" oil based paint. "Latex" water based paints generally have not contained lead. About two-thirds of the homes built before 1940 and one-half of the homes built from 1940 to 1960 contain heavily-leaded paint. Some homes built after 1960 also contain heavily-leaded paint. It may be on any interior or exterior surface, particularly on woodwork, doors, and windows.

In 1978, the U.S. Consumer Product Safety Commission lowered the legal maximum lead content in most kinds of paint to 0.06% (a trace amount). Consider having the paint in homes constructed before the 1980s tested for lead before renovating or if the paint or underlying surface is deteriorating. This is particularly important if infants, children, or pregnant women are present.

For more information, go to the Kentucky Cabinet for Health and Family Services’ lead abatement site http://chfs.ky.gov/dph/ach/abate.htm , the U.S. Environmental Protection Agency (EPA) site http://www.epa.gov/lead/pubs/leadinfo.htm#remodeling or contact your local health department.

Lead may cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Again, children six years old and under are most at risk.

Kentucky environmental attorney Sanders says Bobby Flay bringing his mastery of the flame to the Bluegrass in October 2009!

2009-06-02T08:20:00.000-07:00

Like many Americans, I love a well-cooked meals and often enjoy watching a master chef at work. One of my very favorites to watch is Bobby Flay, who seems to wage war on bland food preparation and always seems to want to take his food up a notch or two from the ordinary. So, I am please to announce that Bobby Flay is coming to the Bluegrass State in October 2009.

The Incredible Food Show is coming to the Lexington Center and Rupp Arena October 3 – 4, 2009. The Incredible Food Show is two-day food lover’s dream is packed with more than 120 exhibitors including Kentucky Proud producers and growers, specialty food companies, cooking-related equipment and wineries.

In addition, cooking demonstrations and seminars by regional and local chefs will be presented by Sullivan University’s culinary school. The Incredible Food Show is highlighted by two presentations featuring Chef Bobby Flay, author and show host of Food Network’s “Throwdown” and “Boy Meets Grill” and one of the featured chefs on The Food Network’s “Iron Chef.” Catch one or both presentations in Rupp Arena at 11 a.m. and 3 p.m. on Saturday.

Tickets are required for Bobby Flay presentations. The Bobby Flay Celebrity Kitchen Theatre tickets, which also include admission to the food show exhibit halls, range from $35 – $75. The $75 ticket includes an autographed copy of Bobby Flay’s “Mesa Grill.”

Tickets go on sale Friday, July 10 at the Lexington Center Ticket Office, Ticketmaster.com and all Ticketmaster Outlets. General admission tickets to the event are priced as follows:

Adult One Day Pass – $12
Children ages 4-12 One Day Pass – $5
Children 4 and under – Free

General admission includes cooking demonstrations, food and entertainment-related presentations and product sampling on the exhibit floor.

Maybe next year Alton Brown will come to Kentucky.

Kentucky environmental attorney Sanders says General Motors files for protection from creditors under Chapter 11 of Banktuptcy code.

2009-06-01T11:12:00.000-07:00

An affiliate of General Motors filed for bankruptcy on Monday morning paving the way for GM to submit its Chapter 11 Bankruptcy petition to a federal clerk in Lower Manhattan. Chevrolet-Saturn of Harlem Inc., sought bankruptcy protection today, the first of many filings in the bankruptcy process.

While GM hasn’t yet filed, the affiliate called the parent company a “debtor in possession under Chapter 11,” in court documents, a reference to the main U.S. bankruptcy law.

On May 31, 2009, the Company announced that the U.S. Department of the Treasury had informed it that the support of more than 54% of the bondholders allows the Company to proceed with its previously announced 363 Sale Proposal under U.S. Bankruptcy Court protection.

GM’s bankruptcy filing is the fourth-largest in U.S. history and the largest for an industrial company. The company has $172.81 billion in debt and $82.29 billion in assets.

GM’s common stock dropped 33 percent and closed at 75 cents per share on May 29, 2009. That price per share is the lowest level in 76 years, and less than the $1 minimum price normally needed for a New York Stock Exchange listing. The stock was valued above $40 less than two years ago.

GM’s stock may, however, soon be worthless. As currently discussed, GM’s plan is for the federal government to take a 60 percent ownership stake in the new GM. The Canadian government would take 12.5 percent, with the United Auto Workers getting a 17.5 percent share and unsecured bondholders receiving 10 percent. Existing GM shareholders are expected to be wiped out.

Under its plan, GM will sell substantially all of its global assets to the New GM. GM will use its cash-on-hand and a new debtor-in-possession financing of approximately $33 billion to ensure an uninterrupted supply of goods and services and provide for other cash requirements prior to closing of the asset sale; fund liabilities to secured lenders and provide contingency funding to handle any potential unexpected needs.

None of GM’s operations outside of the U.S. are included in the U.S. Court filings or Court-supervised process, and these filings have no direct legal impact on GM’s plans and operations outside the U.S.

How the might have fallen! Let’s take a minute and say a prayer tonight for the GM employees, parts suppliers, and dealerships, who will suffer financial and emotional harm from this bankruptcy. God help America!

Kentucky environmental attorney Sanders says we provide low cost CLE training for in-house counsel on several different topics, including E-discovery.

2009-05-29T13:50:00.000-07:00

Did you know that our office has coordinated safe residential housing projects with the City of Covington, Kentucky Housing Department and the Center for Great Neighborhoods of Covington. We are also working with several cities in Kentucky on Brownfields project, using federal funds from the American Recovery Act of 2009.

We're equally proud of our electronic office innovations, with which we not only protect and advance our clients' legal rights but also conduct electronic discovery seminars, for the Kentucky Justice Association and Northern Kentucky Bar Association. These seminars provided much needed CLE credits for attorneys attending the seminars.

Jeffrey M. Sanders is also conducting two CLE seminars at the 2009 Kentucky Bar Association’s annual convention in June. He is speaking on Law Office Technology and Environmental Law.

Our office offers in-house CLE training seminars on E-discovery for corporate legal staff. It is a great way to reduce attorney training costs and keep in-house legal staff up-to date on the latest E-discovery issues. Simply call us for details.

For a closer look at how our large-firm experience and small-firm commitment can help your business resolve environmental, regulatory, and energy legal problems, contact our law office at: 859-781-4556 or 1-866-518-6030 (toll free). Our fax number is 859-781-5523.

Kentucky environmental attorney Sanders says USGS identifies large reserve of gas hydrate in Gulf of Mexico.

2009-05-29T13:47:00.000-07:00

According to an investigation headed by the U.S. Geological Survey (“USGS”), the U.S. Gulf of Mexico contains very thick and concentrated gas-hydrate-bearing reservoir rocks which have the potential to produce gas using current technology. Gas hydrate, a substance comprised of natural gas and water, may be a significant new energy source to meet future energy needs.

The investigation team consisted of the U.S. Department of Energy (DOE), USGS, U.S. Minerals Management Service (MMS) and a group of U.S. and international energy industry companies under the management of Chevron. The team collected geologic data on gas-hydrate-bearing sand reservoirs in the Gulf of Mexico.

The team of researchers was supported during its investigation work by AOA Geophysics, the Borehole Research Group at Lamont-Doherty Earth Observatory of Columbia University, Schlumberger, and the crew of the Helix Q4000 drilling vessel. Go to USGS Energy Resources web site for more information.

Kentucky environmental attorney Sanders says Rice University to field test nanorust to remove arsenic from drinking water supply in Guanajuato, Mexico

2009-05-29T13:39:00.000-07:00

Rice University’s Center for Biological and Environmental Nanotechnology (CBEN) have announced a pilot test for a revolutionary, low-cost way to remove arsenic from drinking water. CBEN's arsenic-removing technology is based "nanorust," which are tiny bits of iron oxide smaller than living cells.

Raw water for the city of Guanajuato contains arsenic. As a result, CBEN scientists have signed an agreement with the University of Guanajuato and the Municipal Water and Sewerage Authority of Guanajuato (Simapag) for a pilot test the use of nanotechnology to clean contaminated water in Guanajuato, Mexico.

The agreement is the first known test of nanoparticles for water treatment in a municipal water treatment plant.

Arsenic chemically binds to nanorust because arsenic has a high affinity toward iron oxides. Laboratory tests have demonstrated that nanorust is very effective at removing arsenic from water. Nanorust are nano-scale magnetite particles. Magnetite (Fe3O4) is an iron oxide, much like rust, so the term “nanorust” was coined for magnetite nano-particles.

Whereas rust (FeO) only contains iron in +2 oxidation states, Fe3O4 has iron in both +2 and +3 states. Nanorust crystals are so tiny that they are measured in the scale of nanometers. They are also highly effective in attracting arsenic particles dissolved in water.

Because of its ability to bind to arsenic, nanorust may be a low-cost means of removing arsenic from drinking water supplies. CBEN plans to test nanorust-coated sand in sand filters to treat groundwater from wells. If all goes as planned, the arsenic in the raw water will be captured by the nanorust-coated sand in the filters. For the time being, water treated with nanorust will not be released for human consumption.

Arsenic is a colorless, odorless, tasteless element, and prolonged exposure to dangerous levels of arsenic can lead to skin discoloration, sickness and cancer. Arsenic-poisoned drinking water is a global problem, affecting tens of millions of people in communities in Asia, Africa, North America, South America and Europe.

Kentucky environmental attorney Sanders says Ohio EPA issues final air permit for power plant fueled by soil waste materials.

2009-05-28T13:25:00.000-07:00

Ohio Environmental Protection Agency issued a final air permit for a $317-million, energy-from-waste plant in Smith Township. This is the first air permit issued in the United States for such a plant in over a decade, according to Jefferson Renewable Energy, the project developer. A PowerPoint presentation on the project is at: http://jreri.com/News/Mahoning%20Renewable%20Energy.pdf

Jefferson Renewable Energy is a developer of renewable and alternative energy projects, utilizing the application of advanced technologies for the conversion of biomass and waste materials for energy generation and biofuel production. Jefferson Renewable Energy is a Rhode Island based company.

The facility will produce 66 megawatts of power, enough to power 50,000 homes, and will use construction and demolition debris and pre-processed municipal solid waste, otherwise referred to as "Refuse-Derived Fuel," as its fuel source

Kentucky environmental attorney Sanders says federal crack down on false labeling of seafood in Virginia case by using DNA evidence!

2009-05-27T14:56:00.000-07:00

There is justice for fraudulent activity in the supermarket. A Virginia man has been sentenced to 63 months in federal prison for participating in a conspiracy that led to more than 10 million pounds of frozen catfish being imported from Vietnam, but fraudulently labeled and sold in the United States as sole, grouper and other species. This sentence is one of the longest imposed by a federal judge for falsely labeling seafood. In addition to the prison term, the federal judge ordered the defendant to forfeit more than $12 million to the government for anti-dumping duties avoided.

A second defendant involved in the scheme, who was the president of Silver Seas, a Virginia-based fish importer, was also sentenced yesterday for his role in the conspiracy to import mislabeled fish to avoid federal tariffs. This will cost the president a one year period of probation.

The cases against the two defendants are part of an ongoing federal prosecution of importers and seafood dealers who worked together to import catfish from Vietnam and sell frozen fillets that were falsely labeled as far more desirable and much more expensive fish.

The defendants imported $15.5 million worth of catfish that was illegally labeled and imported as sole, grouper, flounder, snakehead, channa and conger pike (a type of eel). DNA tests revealed that the frozen fish was in fact Pangasius hypophthalmus, a fish in the catfish family marketed under approved trade names including swai or striped pangasius.

An anti-dumping duty was placed on Pangasius hypophthalmus imports from Vietnam in January 2003 after a petition was filed by domestic catfish farmers, who alleged that this fish was being imported from Vietnam at less than fair market value.

Good for the Department of Justice for prosecuting these crooks!

Kentucky environmental attorney Sanders says Duke Energy CEO warns that America is falling behind the world on clean energy projects.

2009-05-27T11:40:00.000-07:00

Jim Rogers is chairman of the board, president and chief executive officer of Duke Energy. Duke Energy is the third largest consumer of coal in the U.S. and emits around 100 million tons of carbon dioxide annually.

Rogers has more than 20 years of experience as a chief executive officer in the electric utility industry. He was named president and chief executive officer of Duke Energy following the merger of Duke Energy and Cinergy in April 2006. Before the merger, Rogers served as Cinergy’s chairman and chief executive officer for more than 11 years. Prior to the formation of Cinergy, he joined PSI Energy in 1988 as the company’s chairman, president and chief executive officer.

So, when he speaks on an energy topic -- especially that America is not doing enough to develop clean renewable energy or failing to implement a national energy policy --the room should take heed and listen to his words and wisdom.

Rogers recently testified before the Senate Foreign Relations Committee on May 20, 2009. Mr. Rogers offered some astonishing facts China and renewable energy that should make every red blooded American sit up and take notice.

Rogers said that China plans to invest $221 billion over the next two years to build a clean energy economy — everything from wind and solar development to high-speed rail. That’s almost double the current US investment of $112 in everything from wind to solar to advanced batteries. That is, China is investing twice the amount of money in clean energy than the U.S.

He added that China now has renewable energy, energy efficiency, and fuel economy standards that are all more aggressive than our own. President Obama’s recent mandate to raise fuel efficiency standards for U.S. automobiles to an average of 35.5 mpg by 2016 is commendable, but the U.S. is really playing catch-up if you consider that China’s 2008 standard was already at 36 mpg. These policies together are going to reduce China’s GHG emissions by 488 million tons of CO2 by 2030.

Turning to absence of a national energy policy in the U.S., Rogers noted that China’s Renewable Energy Law, which came into force in 2005, has set the world’s most aggressive renewable energy target. By 2020, 15 percent of all energy is to come from wind, biomass, solar and hydropower energy, compared to its current 7 percent. China projects that it will have 137 gigawatts of renewable power generation by then, plus vehicle fuels with at least 15 percent renewable energy content. Despite China's ambitious national energy goals, that the U.S. has yet to even establish a national renewable energy standard.

Turning to coal-fired utility plants, Rogers noted that although China is building coal-fired power plants a lot faster than the U.S., the New York Times reports that roughly 60% of its new plants use advanced technology that makes them more energy efficient and less polluting. China has also started to require power companies to retire one old polluting plant for every new efficient one they build.

Rogers also discussed renewable energy during his speech. Rogers said that this year, China is expected to become the world’s largest wind turbine manufacturer. Until the late 1990’s, the U.S. dominated the global solar energy market. Now Japan, China and Germany are the leaders.

These other countries have policies that have created better markets for clean technologies, so the business opportunities have moved overseas. Rogers reported that according to recent research by Lazard, of the world’s top 10 solar, 10 wind, and 10 advanced battery manufacturing companies, only five of the 30 are American companies.

The question is whether anyone in Washington or the rest of the country is listening to Mr. Rogers. God bless him for having the courage to bring these issues to the forefront in the committee hearing. Let's all hope that someone was listening to him. If the committee raises an alarm at the lack of focus in America on clean renewable energy, we will know that Rogers' message hit its mark.

Kentucky environmental lawyer Sanders says Prime Tanning sued over sludge applied to thousands of acres of Missouri farm fields.

2009-05-26T13:39:00.000-07:00

Prime Tanning Co., the former owner of a St. Joseph, Mo., tannery, is being sued over health concerns related to allegations that the plant’s sludge contained hexavalent chromium, a known human carcinogen.

Prime Tanning apparently gave tons of the sludge to farmers to spread on their fields for use as fertilizer. As a result, sludge from the plant has been spread on thousands of acres of farmland in northwest Missouri since 1983

Lawsuits filed last month claim that the sludge contained hexavalent chromium. The suit alleged a link between the sludge and brain tumors occurring in the area.

In response to the lawsuit, Prime Tanning denies the link between the personal injuries alleged in the complaint and its sludge. The company also denies the existence of hexavalent chromium in the plant’s sludge.

Hexavalent chromium compounds are a group of chemical substances that contain the metallic element chromium in its positive-6 valence (hexavalent) state.

Chromium occurs in the environment primarily in two valence states, trivalent chromium and hexavalent chromium. Chromium III is much less toxic than hexavalent chromium. The respiratory tract is also the major target organ for chromium toxicity.

Indeed, according to research reports, hexavalent chromium will cause an increased risk of lung cancer. Other adverse health effects associated with hexavalent chromium exposure include dermal irritation, skin ulceration, allergic contact dermatitis, occupational asthma, nasal irritation and ulceration, perforated nasal septa, rhinitis, nosebleed, respiratory irritation, nasal cancer, sinus cancer, eye irritation and damage, perforated eardrums, kidney damage, liver damage, pulmonary congestion and edema, epigastric pain, and erosion and discoloration of the teeth.

Kentucky environmental lawyer Sanders says EPA is renewing required internal scientific review for new air quality regulations.

2009-05-26T12:08:00.000-07:00

Stressing the importance of scientific integrity and transparency, EPA Administrator Lisa P. Jackson called for key changes to the process for reviewing National Ambient Air Quality Standards (NAAQS) to protect human health and the environment.

EPA sets NAAQS for six key pollutants known as “criteria pollutants” that are commonly found across the United States. They are ozone, particle pollution (particulate matter), lead, carbon monoxide, nitrogen dioxide and sulfur dioxide.

EPA is reinstating the role of a key policy document created by agency scientists that contains staff analyses of options for the administrator to consider when setting air quality standards. This document, known as a “staff paper,” will be made available to the agency’s science advisors and the public prior to the initiation of formal rulemaking.

The previous administration replaced the so-called staff paper with an Advance Notice of Proposed Rulemaking outlining potential options for air quality standards in the Federal Register.

In a separate letter to the Clean Air Scientific Advisory Committee (CASAC), Administrator Jackson reaffirmed the committee’s role in guiding the agency to make scientifically sound decisions. The CASAC was established by the Clean Air Act to provide the administrator with independent technical advice on national air quality standards.

In addition to restoring the policy document, Administrator Jackson is retaining previous changes that improved the review process. Those include a public workshop early in the NAAQS review, and the restructuring of key science and risks documents so they are more concise and focused on key scientific and policy issues. Jackson also asked staff to consult with scientific experts in other federal agencies that have responsibility for public health and environmental protection early in the review of each air quality standard.

More information: http://www.epa.gov/ttn/naaqs/review.html

Kentucky environmental attorney Sanders says EPA loses will to fight mountain top removal in Kentucky and West Virginia.

2009-05-22T11:33:00.000-07:00

EPA has reviewed 48 proposed permits for mountaintop removal operations issued under the Clean Water Act. These are discharge permits for which the Corps of Engineers notified EPA it was within 60 days of issuing Clean Water Act permits.

Of these 48 pending permits, EPA expressed concern with 6 – 3 in West Virginia, 2 in Ohio and 1 in Kentucky. That is, 42 of 48 were A-okay with EPA.

In an exchange of letters with the Congressman Rahall of West Virginia, EPA said that it has no concerns about the remaining 42. In its letter to Congressman Rahall, the EPA states: “The Corps may proceed with appropriate permit decisions on those remaining permits.”

So, EPA apparently lost the will to fight mountain top removal activities. It will be interesting to see how much fight the agency has with control of greenhouse gases.

Kentucky environment attorney Sanders says President Obama intends to name Colin S. Fulton as General Counsel of US EPA.

2009-05-20T13:54:00.000-07:00

President Obama will name Colin Scott Fulton as the next General Counsel of U.S. EPA. He has a long distinguished record of service with the federal government. Let's wish Mr. Fulton the best of luck and wishes in his new job with EPA.

On February 4, 2009, President Obama designated Colin Scott Fulton to serve as Acting Deputy Administrator of the United States Environmental Protection Agency. In the 1980's, Fulton served as an environmental prosecutor and Assistant Chief in the Environment Division of the United States Department of Justice.

From 1990 to 1995, Fulton held leadership positions in EPA's enforcement program, first as Director of Civil Enforcement and subsequently as Principal Deputy Assistant Administrator. From 1995 to 1999, he served as EPA's Principal Deputy General Counsel. From 1999 to 2007, he served as a Judge on EPA's Environmental Appeals Board.

From August of 2007 until his designation as Acting Deputy Administrator, Fulton served as the Acting Assistant Administrator for EPA's Office of International Affairs. As such, he led EPA's international environmental policy development and program implementation and represented the United States in various international settings.

Fulton has served on an extended acting basis at the Assistant Administrator level or higher on four occasions, and has received the top two honor awards available to recognize excellence in federal Senior Executives - the Meritorious Presidential Rank Award and the Distinguished Presidential Rank Award.

Kentucky environment attorney Sanders says Obama to name Bob Perciasepe as deputy administrator of EPA.

2009-05-20T13:51:00.000-07:00

Bob Perciasepe has over 30 years of experience in environmental and Natural resources management, legislative and governmental affairs and creative problem solving. Perciasepe joined Audubon as Senior Vice President for Public Policy and head of the Washington, DC office in 2001.

In 2004,he was named COO of Audubon, and in that capacity, he has been responsible for coordinating programs and support services throughout Audubon's national and state offices. Prior to joining Audubon, Bob served as Assistant Administrator for the EPA, first serving as Assistant Administrator for Water, then Assistant Administrator for Air and Radiation.

From 1990 to 1993, Bob was Secretary of Environment and directed pollution control and environmental protection for the state of Maryland. Previously, he was Baltimore's Assistant Director of Planning, where he oversaw environmental and infrastructure planning and managed the capital budget for the city.

Perciasepe holds a Bachelor of Science degree in Natural Resources from Cornell University and master's degree in planning and public administration from the Maxwell School of Syracuse University

Kentucky environment attorney Sanders says formaldehyde is a chemical of concern to scientists studying carcinogens in workplace.

2009-05-20T13:29:00.000-07:00

There is a large buzz going around regarding formaldehyde and whether it may be a human carcinogen in the workplace and in common household products. The wood and timber industry will fight all attempts to remove formaldehyde from use in plywood and partical board, not to mention paper coatings.

Formaldehyde is a colorless, flammable, strong-smelling chemical that is used to manufacture building materials and to produce many household products. It is used in pressed-wood products, such as particleboard, plywood, and fiberboard; glues and adhesives; permanent-press fabrics; paper product coatings; and certain insulation materials.

In addition, formaldehyde is commonly used as an industrial fungicide, germicide, and disinfectant, and as a preservative in mortuaries and medical laboratories.

Despite the lack of regulatory action in America, the International Agency for Research on Cancer classifies this chemical as a human carcinogen, based primarily on its association with nasopharyngeal cancer. In 1995, the U.S. Occupational Safety and Health Administration estimated that approximately 2.1 million workers in the United States were exposed to formaldehyde.

Kentucky environmental attorney Sanders says former head of PBGC cops the 5th before Senate Committee on his ties to Wall Street brokerage houses.

2009-05-20T12:40:00.000-07:00

On May 20, 2009, the former director of the Pension Benefit Guaranty Corporation under President George W. Bush took the Fifth Amendment when senators asked about allegations that he had inappropriate talks with Wall Street firms while running the operation, which insures the pensions of 44 million Americans.

The Fifth Amendment is a constitutional right not to incriminate yourself. It is a way to avoid admitting your criminal act. I don’t know, but it seems to me that this gentleman may have had his hand in the till or was otherwise acting in a self-serving manner during his tenure as chairman in a complex financial scheme that involved billions of dollars. If illegal conduct is proven in a court of law, it must be severely punished to protect the integrity of our financial system.

The former chairman, Charles E.F. Millard, denies that he had improper communications with the Wall Street firms that won multimillion-dollar contracts to advise the agency on a new strategy to invest its assets more heavily in stocks, real estate and private equity rather than more conservative fixed-income treasury securities.

In February 2008, during Millard's tenure, the board approved a new investment strategy that would invest the PBGC's assets more heavily in private equities and real estate. Millard remains convinced that more aggressive investments will help reduce the agency's deficit and perhaps prevent the need for a future taxpayer bailout. To help implement the new strategy, the agency solicited the services of investment firms on Wall Street.

Goldman Sachs, BlackRock and JPMorgan won awards to invest up to $2.5 billion of PBGC assets in real estate and private equity in return for fees that could exceed $100 million over 10 years. That means, Wall Street brokerage houses would be growing richer as this agency’s current debt of $33.5 Billion dives deeper in the red

It is long-past time to end the white collar corruption on Wall Street and bring common decency, honesty, truthfulness, and integrity back to America’s financial system.

What is wrong with America? Old fashion greed and the ridiculously high socio-economic status of the Wall Street elite are causing the many financial hardships and problems that the other folks in America are being forced to bear in this great country. No one is above the law.

We must punish white collar criminals, who stole or attempted to steal billions of dollars from Main Street via complex financial schemes during the Bush years. We must push for strong forfeiture statutes for financial crimes committed on Wall Street. Nothing can hurt a rich white man like losing his ill gotten gains.

Kentucky environmental attorney Sanders says PBGC is $33.5 Billion in the hole and this deficit will grow with auto manufacturers' bankruptcy.

2009-05-20T12:25:00.000-07:00

In another toxic enconomic legacy from the Bush years, the Pension Benefit Guaranty Corporation posted a $33.5 billion deficit for the first half of fiscal year 2009, PBGC Acting Director Vince Snowbarger told the Senate Special Committee on Aging at a hearing on May 20, 2009. Based on unaudited financial numbers as of March 31, the deficit represents an increase over FY 2008’s $11 billion shortfall, and is the largest in the agency’s 35-year history.

“The increase in the PBGC’s deficit is driven primarily by a drop in interest rates and by plan terminations, not by investment losses,” Snowbarger states in his written testimony. “The PBGC has sufficient funds to meet its benefit obligations for many years because benefits are paid monthly over the lifetimes of beneficiaries, not as lump sums. Nevertheless, over the long term, the deficit must be addressed.”

The $22.5 billion deficit increase was due primarily to about $11 billion in completed and probable pension plan terminations; about $7 billion resulting from a decrease in the interest factor used to value liabilities; about $3 billion in investment losses; and about $2 billion in actuarial charges.

Snowbarger notes that as of April 30, the PBGC’s investment portfolio consisted of 30percent equities, 68 percent bonds, and less than 2 percent alternatives, such as private equity and real estate. All the agency’s alternative investments have been inherited from failed pension plans.

The PBGC is closely monitoring companies in the auto manufacturing and auto supply industries. According to PBGC estimates, auto sector pensions are underfunded by about $77 billion, of which $42 billion would be guaranteed in the event of plan termination. The pension insurer also faces increased exposure from weak companies across all sectors of the economy, including retail, financial services and health care.

The PBGC is a federal corporation created under the Employee Retirement Income Security Act of 1974. It currently guarantees payment of basic pension benefits earned by 44 million American workers and retirees participating in over 29,000 private-sector defined benefit pension plans. The agency receives no funds from general tax revenues. Operations are financed largely by insurance premiums paid by companies that sponsor pension plans and by investment returns.

Kentucky environmental attorney Sanders says EPA scrambles some knuckleheads at Ohio Fresh Eggs for environmental crimes under Clean Water Act.

2009-05-20T11:59:00.000-07:00

U.S. EPA announced that on May 18, 2009, Ohio Fresh Eggs, LLC (“Eggs”) pled guilty in United States District Court, Northern District of Ohio, to illegally discharging egg wash water into Kreisel Ditch, a tributary of Tymochtee Creek.

In addition to Eggs’ guilty plea, a plea agreement was filed with the Court. The agreement recommends that Eggs serve a three-year term of probation. During the term of probation, the parties recommended to the Court, that Eggs will pay a fine of $150,000 and pay a total of $150,000 to three charitable environmental organizations, as part of community service. Also, during the term of probation, Eggs has agreed to make a number of improvements to its facility, including the addition of another field to which the egg wash water will be applied.

Eggs, a concentrated animal feeding operation, is the largest egg producer in the State of Ohio with 12 production facilities located in Northwest and Central Ohio. In Northwest Ohio, Eggs operates a commercial egg farm located in Marseilles. Approximately three million egg laying chickens are housed at this facility. Kreisel Ditch is located near the facility.

Eggs produced at the Marseilles Eggs facility are washed prior to shipment. The water from the egg washing process is collected in a lagoon at the farm. This wastewater contains broken eggs, soap, and a minor amount of manure. To dispose of the wastewater in the lagoon, Eggs has a permit to apply it to a nearby field.

A contractor for Eggs, Myron P. Lawler, directed a crew which applied the wastewater to the field. At Mr. Lawler’s direction, the wastewater was negligently over-applied onto the field through the night of March 6, 2007, and into next morning, March 7. As a result of the over-application, on March 7, 2007 the wastewater flowed off of the field, through a series of drainage tiles, into Kreisel Ditch and subsequently into Tymochtee Creek. Both Eggs and Mr. Lawler were charged with negligently violating the Clean Water Act. The charge against Mr. Lawler is still pending.

This case was prosecuted by United States Department of Justice, United States Attorney, Northern District of Ohio, following an investigation by the U.S. EPA Criminal Investigation Division; the Ohio Attorney General’s Office, Bureau of Criminal Identification and Investigation; and the Ohio Environmental Protection Agency, all members of the Northwest Ohio Environmental Crimes Task Force. These fine environmental enforcement folks certainly cracked some knuckle heads at Eggs. Scrambled the bums!

Kentucky environmental lawyer Sanders says Obama sending $503,800 in grants to Kentucky Division of Water!

2009-05-19T10:22:00.000-07:00

In an effort to improve water quality and create jobs, the U.S. Environmental Protection Agency (EPA) has awarded $503,800 to the Kentucky Energy and Environment Cabinet under the American Recovery and Reinvestment Act of 2009. A total of $39 million will be awarded nationally to states for Water Quality Management Planning (WQMP) grants, which will keep and create jobs to help prevent water pollution and protect human health and the environment.

Planning is an important step to achieve EPA’s goal of improved water quality in America’s lakes, rivers and streams. WQMP grants support a broad range of activities, such as setting standards, monitoring the quality of the water, developing plans to restore polluted waters, and identifying ways to protect healthy waters from becoming polluted. States are also encouraged to use these funds for more innovative planning activities, like developing plans to adapt to climate change, analyzing trends in water availability and use, and creating low-impact development programs. Grants are awarded to state agencies and some of the funds can be awarded to regional and interstate planning organizations.

President Obama signed the American Recovery and Reinvestment Act of 2009 on Feb. 17, 2009, and has directed that the Recovery Act be implemented with unprecedented transparency and accountability. To that end, the American people can see how every dollar is being invested at Recovery.gov.

For information on EPA’s implementation of the American Recovery and Reinvestment Act of 2009, visit http://www.epa.gov/recovery/

Kentucky environmental attorney Sanders says EPA sets first public hearing on proposed regulation of greenhouse gases under Clean Air Act.

2009-05-15T13:31:00.000-07:00

EPA will hold the first of two public hearings on Monday, May 18 regarding the agency’s proposed findings that greenhouse gases contribute to air pollution that may endanger public health or welfare. The proposed findings identify six greenhouse gases that pose a potential threat.

The hearing is an opportunity for stakeholders and members of the public to voice their opinions on the proposed findings.

WHAT: Public hearing on the proposed endangerment and cause and contribute findings

WHEN: Monday, May 18th, 9:00 a.m. – 8:00 p.m.
The hearing will continue into the evening to accommodate all members of the public who wish to comment.

WHERE: EPA Potomac Yard South Conference Center
2777 Crystal Drive, Room S-1204
Arlington, Va.

Written comments will be accepted until June 23, 2009. EPA will consider written comments submitted during the comment period with the same weight as oral comments presented during the public hearing.

More information on the hearing and for the audio webcast of the hearing: http://www.epa.gov/climatechange/endangerment/hearing_washington-may18.html

More information on the proposed finding: http://www.epa.gov/climatechange/endangerment.html

Kentucky environmental attorney Sanders says second hand cigarette smoke is deadly and poses huge risk of disease to innocent folks exposed to smokers

2009-05-15T09:25:00.000-07:00

Smoking is the single greatest avoidable cause of disease and death. As we previously reported, Kentucky leads the nation in smoking cigarettes. In addition to the harm done to smokers, second hand smoke is also deadly. That means bad stuff will happen to almost everyone smelling that nasty, cancinogenic shit in the air!

Secondhand smoke is classified as a "known human carcinogen" (cancer-causing agent) by the US Environmental Protection Agency (EPA), the US National Toxicology Program, and the International Agency for Research on Cancer (IARC), a branch of the World Health Organization.

Tobacco smoke contains over 4,000 chemical compounds. More than 60 of these are known or suspected to cause cancer.

When non-smokers are exposed to secondhand smoke it is called involuntary smoking or passive smoking. Non-smokers who breathe in secondhand smoke take in nicotine and other toxic chemicals just like smokers do. The more secondhand smoke you are exposed to, the higher the level of these harmful chemicals in your body. That is scary for folks working as a bartender, waitress, bingo hall or in a bowling alley.

So, the next time you are in a room with a smoker or standing next to a smoker, remember that the Surgeon General of the United States has concluded that:

1. Many millions of Americans, both children and adults, are still exposed to secondhand smoke in their homes and workplaces.

Supporting Evidence
o Levels of a chemical called cotinine, a biomarker of secondhand smoke exposure, fell by 70 percent from 1988-91 to 2001-02. In national surveys, however, 43 percent of U.S. nonsmokers still have detectable levels of cotinine.
o Almost 60 percent of U.S. children aged 3-11 years—or almost 22 million children—are exposed to secondhand smoke.
o Approximately 30 percent of indoor workers in the United States are not covered by smoke-free workplace policies.

2. Secondhand smoke exposure causes disease and premature death in children and adults who do not smoke.

Supporting Evidence
o Secondhand smoke contains hundreds of chemicals known to be toxic or carcinogenic (cancer-causing), including formaldehyde, benzene, vinyl chloride, arsenic, ammonia, and hydrogen cyanide.
o Secondhand smoke has been designated as a known human carcinogen (cancer-causing agent) by the U.S. Environmental Protection Agency, National Toxicology Program and the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that secondhand smoke is an occupational carcinogen.

3. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children.

Supporting Evidence
o Children who are exposed to secondhand smoke are inhaling many of the same cancer-causing substances and poisons as smokers. Because their bodies are developing, infants and young children are especially vulnerable to the poisons in secondhand smoke.
o Both babies whose mothers smoke while pregnant and babies who are exposed to secondhand smoke after birth are more likely to die from sudden infant death syndrome (SIDS) than babies who are not exposed to cigarette smoke.
o Babies whose mothers smoke while pregnant or who are exposed to secondhand smoke after birth have weaker lungs than unexposed babies, which increases the risk for many health problems.
o Among infants and children, secondhand smoke cause bronchitis and pneumonia, and increases the risk of ear infections.
o Secondhand smoke exposure can cause children who already have asthma to experience more frequent and severe attacks.

4. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.

Supporting Evidence
o Concentrations of many cancer-causing and toxic chemicals are higher in secondhand smoke than in the smoke inhaled by smokers.
o Breathing secondhand smoke for even a short time can have immediate adverse effects on the cardiovascular system and interferes with the normal functioning of the heart, blood, and vascular systems in ways that increase the risk of a heart attack.
o Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing heart disease by 25 - 30 percent.
o Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing lung cancer by 20 - 30 percent.

5. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

Supporting Evidence
o Short exposures to secondhand smoke can cause blood platelets to become stickier, damage the lining of blood vessels, decrease coronary flow velocity reserves, and reduce heart rate variability, potentially increasing the risk of a heart attack.
o Secondhand smoke contains many chemicals that can quickly irritate and damage the lining of the airways. Even brief exposure can result in upper airway changes in healthy persons and can lead to more frequent and more asthma attacks in children who already have asthma.

6. Eliminating smoking in indoor spaces does not protect nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke.

Supporting Evidence
o Conventional air cleaning systems can remove large particles, but not the smaller particles or the gases found in secondhand smoke.
o Routine operation of a heating, ventilating, and air conditioning system can distribute secondhand smoke throughout a building.
o The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the preeminent U.S. body on ventilation issues, has concluded that ventilation technology cannot be relied on to control health risks from secondhand smoke exposure.

Kentucky environmental attorney Sanders says Pfizer to disclose compensation to U.S. health care professionals for drug research and trials.

2009-05-15T09:16:00.000-07:00

Pfizer Inc will disclose its compensation paid to U.S. healthcare professionals for consulting, speaking engagements and clinical trials. The disclosure will include payments made to practicing U.S. physicians and other healthcare providers, as well as principal investigators, major academic institutions and research sites for clinical research.

This makes Pfizer the first biopharmaceutical company to commit to reporting payments for conducting Phase I-IV clinical trials in addition to disclosing payments for speaking and consulting. Pfizer plans to publish its first annual online update on www.pfizer.com in early 2010. The report will include payments made from July 1, 2009, going forward.

Parameters under consideration include reporting payments to recipients, whose aggregate amount exceeds $500 in a calendar year, including the value of non-monetary items, such as meals, that exceed $25 in value. Specifically, this includes disclosing all payments to:

• All practicing healthcare providers who can prescribe medicines;
• Major institutions for ongoing clinical trials; and
• All principal investigators and other entities for Phase I-IV clinical trials sponsored by Pfizer beginning after July 1, 2009.

The payments include those for:
• Clinical development and commercial consulting;
• Promotional speaking;
• Phase I-IV clinical trials;
• Investigator-initiated research; and
• Meals and other non-monetary items.

We salute the efforts of Pfizer to give transparency to drug research and compensation paid to health care professionals by Pfizer. We would like to see Pfizer make the same disclosures for health care professionals located outside of the U.S.

Kentucky environmental attorney Sanders says the F35 fighter is truly an amazing tactical jet fighter and this clip is truly amazing.

2009-05-15T06:56:00.000-07:00

The video is of the Lockheed Martin F-35 Lightning II joint strike fighter – a truly transformational weapon system that provides quantum leaps in survivability and lethality.

I would say that this pilot and aircraft are "Sierra Hotel" all the way. Go USA!!

Kentucky environmental attorney Sanders says ammonia release at American Cold Storage kills two maintenance workers in Louisville, KY.

2009-05-14T11:34:00.000-07:00

Several state and local emergency response agencies investigated an anhydrous ammonia leak about 4:30 p.m. at American Cold Storage, 607 Industry Road, Louisville, Kentucky. This facility is a bullk refrigeration storage plant for food products.

According to the Louisville Fire Department, about a dozen employees had evacuated the building before firefighters arrived. Once on the scene, two workers had to be removed by firefighters wearing hazmat suits. The workers later died from their exposure to the ammonia.

American Cold Storage was formed in 1981 with the purchase of Louisville Freezer in Louisville, KY. In 1987 this facility was expanded to 4.8 million cubic feet. Refrigerant grade anhydrous ammonia is a clear, colorless liquid or gas, free from visible impurities. It is at least 99.95 percent pure ammonia.

Ammonia is considered a high health hazard because it is corrosive to the skin, eyes, and lungs. Exposure to 300 ppm is immediately dangerous to life and health. Ammonia refrigeration systems are used quite frequently in facilities that provide industrial refrigeration.

Kentucky environmental attorney Sanders says 88,070 people died in 2008 from earthquakes around the world.

2009-05-14T10:42:00.000-07:00

About 88,070 deaths resulted from earthquake activity worldwide during 2008, according to the U.S. Geological Survey (USGS) and confirmed by the United Nations Office for Coordination of Humanitarian Affairs (OCHA). The number of earthquake-related fatalities across the world was much higher in 2008 than in recent years. In fact, earthquakes in 2008 caused the greatest the largest number of deaths in a year since 2004.

Fortunately, no fatalities occurred in the United States from earthquakes in 2008.

Kentucky environmental attorney Sanders says Senator Kirsten Gillibrand calling for EPA investigation into drug residues in drinking water supplies.

2009-05-13T14:07:00.000-07:00

In response to reports of trace amounts of pharmaceuticals, including estrogen and codeine, found in New York waterways and around the country, U.S. Senator Kirsten Gillibrand announced legislative action to study the presence of these drugs in drinking water and the long term health effects on children and families. Senator Gillibrand will work to move her provision this week when the Senate considers comprehensive legislation to improve water infrastructure across the country.

"As a lawmaker and mother of two young children, I expect that America's drinking water is clean and free of these kinds of pharmaceuticals," said Senator Gillibrand. "As we upgrade our failing water infrastructure, it is important that we also address the safety of our drinking water. Right now the federal government does not have adequate data on the long term health effects of these trace chemicals. Parents count on the government to ensure clean, safe drinking water for all our families."

In 2007, an Associated Press investigation reported that water supplies across the United States contained a number of drugs, including antibiotics, anti-convulsants, mood stabilizers, and sex hormones.

Senator Gillibrand's provision will require the Environmental Protection Agency (EPA) to study the presence of pharmaceuticals and personal care products in water, identify exactly what is found and at what level, where it's coming from, and how to control, limit, treat or prevent the dissemination of pharmaceuticals in drinking water. The EPA will have two years to produce the study.

There is currently no comprehensive data available on the presence of pharmaceuticals in drinking water or its long term health effects. While there are no confirmed health risks associated with consumption of trace amounts of pharmaceuticals in the water, there is no definitive assessment to rule out potential danger. In fact, some studies have shown that traces of pharmaceuticals may be harming fish in New York City's Jamaica Bay due to increased levels of the female hormone estrone or other estrogenic chemicals discovered in the waterway.

As a member of the Senate Environment and Public Works (EPW) Committee, Senator Gillibrand will play a leading role in drafting the Water Infrastructure Financing Act. Communities across New York State are struggling with deteriorating water infrastructure and the tremendous costs to rebuild. Senator Gillibrand will work to deliver federal dollars to these communities across New York State to rebuild failing sewers and water filtration systems, creating thousands of jobs and reducing the local property tax burden.

Kentucky environmental attorney Sanders says EPA has revoked regulations that allowed carbofuran residues in U.S. food supply.

2009-05-13T10:03:00.000-07:00

U.S. EPA revoked its regulations that allowed the presence of small amounts of the pesticide “carbofuran” in food. Carbofuran is a toxic insecticide that does not meet current U.S. food safety standards. EPA’s action will eliminate residues of carbofuran in food, including all imports, in a move to protect people, especially children, from dietary risk. Ultimately, EPA will remove this pesticide from the market.

EPA is proceeding to cancel the remaining carbofuran registrations, or licenses, which will address risks to pesticide applicators and birds in treated fields. In 2006, EPA identified significant dietary, ecological and worker risks from the use of carbofuran and concluded that all uses must be cancelled. While FMC Corporation voluntarily withdrew 22 uses of this pesticide, it was insufficient for the agency to conclude that dietary exposures to carbofuran are safe.

The final carbofuran tolerance rule becomes effective in December. EPA is encouraging growers to switch to safer pesticides or other environmentally preferable pest control strategies.

More information on carbofuran: http://www.epa.gov/pesticides/reregistration/carbofuran/carbofuran_noic.htm

Kentucky environmental lawyer Sanders says carbon dioxide levels in atmosphere continue to rise according to data released by NOAA.

2009-05-13T07:24:00.000-07:00

Atmospheric CO2 reached 389.47 parts per million (ppm) in the month of April 2009, according to scientific data released earlier today by the National Oceanic and Atmospheric Administration (NOAA) in the United States. This atmospheric level is above what it was in 2008. At the same monitoring location, the Mauna Loa Observatory, atmospheric CO2 was 387.18 ppm in April 2008.

Carbon dioxide (CO2) is the chief greenhouse gas that results from human activities and causes global warming and climate change. According to many leading scientists, the upper safety limit for atmospheric CO2 is 350 parts per million (ppm).

According to scientists, the rising level of CO2 in our atmosphere is significantly higher than the natural range (~180 ppm to 300 ppm) that existed for at least 800,000years before the start of the industrial revolution. During the industrial revolution, the industrial nations started burning increasing amounts of fossil fuels, which release greenhouse gases, including CO2. Thus, EPA is proposing to regulate CO2 emissions under the Clean Air Act.

Kentucky environmental attorney Sanders says U.S. EPA proposes $600 million budget for criminal and civil environmental enforcement for FY 2010!!

2009-05-12T08:19:00.000-07:00

U.S. EPA’s Fiscal Year 2010 budget proposes the largest enforcement and compliance budget in history -- $600 million, an increase of $32 million from last year. The $600 million enforcement budget reflects the President’s strong commitment to enforcing of the federal environmental laws and ensures that EPA has the resources necessary to maintain a robust and effective criminal and civil enforcement program.

Specifically, the request includes an increase of nearly 30 additional positions primarily for civil and criminal enforcement. In addition, EPA will enhance efforts to integrate environmental justice considerations in EPA’s programs and policies as well as fulfill environmental requirements with respect to other federal agencies’ projects funded by the American Recovery and Reinvestment Act.

According to EPA’s Administrator, investing in the agency’s enforcement program yields tangible pollution reductions and fundamental behavioral change in the regulated community.

Kentucky environmental lawyer Sanders says Motana jury finds WR Grace and 3 former executives not guilty of crimes after 200 asbestos-related deaths.

2009-05-11T14:20:00.000-07:00

A jury near Libby, Montana has recently acquitted W.R. Grace & Company and three of its former executives of knowingly exposing mine workers and Libby residents to asbestos. After deliberating one full day, jurors returned not guilty verdicts in the W.R. Grace & Co. trial on Friday, May 8, 2009. The jury found the corporation and three individual defendants not guilty, which ended the largest environmental crimes prosecution in United States history.

Federal prosecutors initially accused W.R. Grace and its executives of exposing Libby’s 100,000 residents to asbestos while operating a vermiculite mine, resulting in more than 200 deaths and nearly 2,000 illnesses. The government’s indictment alleged that W.R. Grace conspired to “knowingly release” asbestos and tried to hide the dangers of inhaling asbestos fibers from employees and nearby residents.

The indictment also said W.R. Grace tried to “defraud the United States and others by impairing, impeding, and frustrating” the EPA’s investigation of the site in 1999. In all, the 10-count indictment included charges of wire fraud and obstruction of justice.

Kentucky environmental lawyer Sanders says perchlorate is found in infant formula, but Center for Disease Control has no plan of action on pollutant.

2009-05-08T13:48:00.000-07:00

The Center for Disease Control (“CSC”) recently published a study of perchlorate in infant formula published in The Journal of Exposure Science and Environmental Epidemiology. Perchlorate is a contaminant in groundwater and drinking water supplies around the country. It is widely used by the military and others as an oxider in explosives, fireworks, road flares, and rocket propellant.

Perchlorate has been found in the drinking water of at least 35 states and the District of Columbia. The chemical can inhibit the thyroid gland's iodine uptake, interfering with fetal development. As a result, nearly everyone in the U.S. is exposed regularly to low levels of perchlorate.

People are exposed through eating food, and drinking milk and water that contain perchlorate. Fatty tissue in the breasts concentrates perchlorate, causing milk products to have higher levels of the chemical than some other food products.

High levels of perchlorate can affect the thyroid gland, causing changes in how our organs function, especially in fetuses and young children. High levels can be defined as thousands of times greater than those seen in this study, such as levels that were seen in the past when perchlorate was used for medical treatment.

Whether there may be health effects of low-level exposures is unknown. All of the powdered infant formulas tested contained perchlorate. Cow’s milk-based formula with lactose had a significantly higher concentration of perchlorate than the other types. Face with no real answers to questions about the long-term effects of exposure to perchlorate on infants, the CDC recommends breastfeeding as optimal for both mothers and babies.

Parents who do use infant formula should be aware that the U. S. FDA requires that all baby formulas include iodine, which may offset any potential effects of perchlorate in the formula. The study is at: http://www.nature.com/jes/journal/vaop/ncurrent/abs/jes200918a.html

Despite the existence of perchlorate in drinking water supplies across the country, U.S. EPA does not regulate perchlorate in water.

Kentucky environmental attorney Sanders says U.S. Department of Social Security releases its 2008 Top 10 names for children born in U.S.

2009-05-08T12:33:00.000-07:00

The Social Security Administration released its annual list of most popular baby names for 2008. Topping the boys list for 2008 is "Jacob," which has been the number one male moniker for 10 years. The remaining members of the Top 10 Boys’ names are Jacob, Michael, Ethan, Joshua and Daniel, Alexander, Anthony, William, Christopher and Matthew.

The most popular 10 names for baby daughters, in order, are: Emma, Isabella, Emily, Madison, Ava, Olivia, Sophia, Abigail, Elizabeth and Chloe.

Kentucky environmental attorney Sanders says complaints over defective Chinese drywall causes CPSC to issue preliminary report.

2009-05-07T10:57:00.000-07:00

After receiving complaints from 180 consumers from 13 states and the District of Columbia related to adverse health symptoms or certain metal corrosion problems in their homes related to drywall imported from China, the Consumer Product Safety Commission (“CPSC”) has issued a report on the Chinese imported drywall situation. The report is all of eight pages in length, and asks far more questions than it answers.

The majority of the reports to the CPSC have come from consumers residing in Florida while others have come from consumers in Louisiana, Virginia, Wisconsin, Ohio, Alabama, Mississippi, Missouri, California, Washington, Wyoming, the District of Columbia, Arizona, and Tennessee. Consumers largely report that their homes were built in 2006 to 2007, when an unprecedented increase in new construction occurred in part due to natural disasters occurring in of 2004 and 2005.

Common complaints of imported drywall include:
• “rotten egg”-smell within their homes from the imported drywall.
• health concerns such as irritated and itchy eyes and skin, difficulty in breathing, persistent cough, bloody noses, runny noses, recurrent headaches, sinus infection, and asthma attacks.
• blackened and corroded metal components in their homes and the frequent replacement of components in air conditioning units.

The report is at: http://www.cpsc.gov/drywall.pdf

Kentucky environmental attorney Sanders says Kentucky Brownfields Program helps put old contaminated property back into productive use.

2009-05-06T12:38:00.000-07:00

Brownfields are industrial and commercial sites that are abandoned or unused because of actual or perceived environmental contamination. Often these sites are in urban areas that could be redeveloped, but due to potential liability, developers seek out unused property, or “greenfields,” on which to build.

Because an owner of land contaminated with hazardous substances can be held liable for the cost to clean up the land under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), potential purchasers are reluctant to buy Brownfield sites.

Federal and state programs have created incentives to encourage voluntary clean up and reuse of Brownfields by state and local governments and private parties. The incentives include grants, waivers of liability, and tax incentives.

Prospective buyers, lenders, insurers, and developers can employ private mechanisms to manage environmental liability risks associated with Brownfields. Indemnification provisions, which are contractual mechanisms in which one party promises to shield another from liability, can be used to assign responsibility for cleanup costs among the various parties.

Private parties also can purchase environmental insurance policies to decrease the financial risk of getting involved with Brownfields.

There are an estimated 8,000 Brownfield sites in the Bluegrass state, and the Kentucky Brownfield Program is working to get those properties back into productive use. While the approximate number of Brownfields is known, their locations are not all known.

The Kentucky Brownfield Program has created an inventory of sites in order to market the properties to those interested in Brownfield redevelopment. The Kentucky Brownfield Program is working to promote the redevelopment of these sites by helping to remove barriers that prevent reuse, providing useful information to communities, developers and the public and encouraging a climate that fosters redevelopment of contaminated sites.

Kentucky environmental attorney Sanders says Kentucky offers new program to stop smoking among pregnant moms.

2009-05-05T12:45:00.000-07:00

The Kentucky Department for Public Health (“DPH”) and University of Kentucky have a program to help reduce the number of pregnant women who smoke during pregnancy. The program called, Giving Infants and Families Tobacco-Free Starts (“GIFTS”), enrolled over 500 women in its nine-county pilot area in eastern Kentucky, helping many give up smoking during their pregnancies. About 26.7 percent of Kentucky’s pregnant women smoke, which is more than twice the national average.

The four primary barriers that keep pregnant women smoking are: depression, social support, domestic violence and secondhand smoke exposure. GIFTS program participants receive a variety of resources and supportive materials including:

Quit Line referrals to the Kentucky Tobacco Quit Line, 1 800 QUIT NOW, a free, telephone-based counseling service.

Need Help Putting Out That Cigarette” booklet.

Carbon monoxide monitoring.

Depression, social support and domestic violence screening and referrals.

Referrals for smoking cessation for household members.

Ongoing support by counseling and educational materials.

The GIFTS program offers various incentives such as water bottles filled with items such as hard candy and gum; baby bibs featuring the GIFTS logo; and $10 baby delivery gifts like photo albums or diapers.

Women who smoke during pregnancy increase the risk that their infants will suffer from low birth weight, intrauterine growth retardation, prematurity, various respiratory diseases and infant mortality.

Smoking during pregnancy increases the risk for and exacerbates several pregnancy complications such as premature rupture of the membranes, infections, placenta previa and placental abruption, all of which are associated with preterm birth.
The Surgeon General’s report also found a causal relationship between maternal smoking and ectopic pregnancy, miscarriage and fetal growth retardation.

Kentucky environmental attorney Sanders says US EPA announces plan to meet alternative fuel goals of Energy Independence and Security Act of 2007.

2009-05-05T12:25:00.000-07:00

U.S. EPA announced its strategy for increasing the supply of renewable fuels, poised to reach 36 billion gallons by 2022, as mandated by the Energy Independence and Security Act of 2007 (“EISA”). EPA’s plan included the requirements for:
• cellulosic biofuels;
• biomass-based diesel;
• advanced biofuels; and
• total renewable fuel.

In 2022, EPA’s proposal would require refiners to brew:
• 16 billion gallons of cellulosic biofuels;
• 15 billion gallons annually of conventional biofuels;
• 4 billion gallons of advanced biofuels; and
• 1 billion gallons of biomass-based diesel.

A 60-day comment period on this proposal will begin upon publication in the Federal Register. During the comment period EPA will hold a public workshop on lifecycle analysis to assure full understanding of the analyses conducted, the issues addressed and the options that are discussed.

More information: http://www.epa.gov/otaq/renewablefuels/index.htm

Kentucky environmental lawyer Sanders says US EPA will withdraw Emission Comparable Fuels Rule passed at end of Bush era at EPA.

2009-05-05T12:01:00.000-07:00

U.S. EPA is planning to propose a rule to withdraw the Emission Comparable Fuels (ECF) rule, which became effective on January 20, 2009.

The proposal will present the agency's concerns and request comments from the public after publication in the Federal Register, planned for November 2009. After evaluating the public comments, the EPA will make a decision on whether to repeal the exclusion.

The ECF rule removed regulatory costs by reclassifying certain manufacturing byproducts as non-wastes. ECF is fuel that is produced from a hazardous waste, but which generates emissions when burned in an industrial boiler that are comparable to emissions from burning fuel oil. The materials must also be stored under an elaborate set of requirements.

The final rule has been criticized for allowing hazardous waste to evade the hazardous waste regulatory system, and also for being difficult to administer. Industry members have also criticized it because of the detailed and prescriptive conditions for reclassification, which they believe will limit the rule's use.

To look at the ECF rule and determine its potential legality under the multiple federal environmental programs, simply look at the Rule's effective date and you will instantly understand EPA's current action. In all fairness, this rule was a bone headed mistake from a very bad EPA under former EPA administrator, Stephen Johnson.

More information on the Emission Comparable Fuels rule: http://www.epa.gov/epawaste/hazard/tsd/td/combust/compfuels/exclusion.htm

Kentucky environmental attorney Sanders says US EPA will look again at the definition of "solid waste" for RCRA and CERCLA regulations.

2009-05-05T11:48:00.000-07:00

U.S. EPA is planning to hold a public meeting to discuss possible revisions to the Definition of Solid Waste (“DSW”) rule in response to an administrative petition asking the agency to reconsider and repeal the rule.

The rule became effective on December 29, 2008. The meeting is planned for the end of June, and a Federal Register notice with the details of the meeting will be published in May.

As promulgated, the DSW rule modified the regulations for recycling hazardous secondary materials to encourage the recycling of certain materials to help conserve resources. The rule includes conditions designed to ensure that the recycling of the materials is protective of human health and the environment.

The rule also takes into account a series of opinions in the U.S. Court of Appeals for the D.C. Circuit on the meaning of the term "discard," which forms the basis of the definition of solid waste.

Since publication of the DSW rule, the Sierra Club has raised concerns about the effectiveness and protectiveness of the rule and has requested EPA stay the rule in an administrative petition.

In addition, the Sierra Club and the American Petroleum Institute have filed judicial petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Various industry groups have also filed letters opposing the Sierra Club's administrative petition.

EPA expects that stakeholders' input at the public meeting will assist the agency in deciding whether to make revisions to the rule and how such revisions would further ensure that the rule appropriately and safely encourages resource conservation for those hazardous secondary materials that are conditionally excluded.

The Federal Register notice announcing the meeting will raise specific questions for consideration, particularly related to reclamation that is not under the control of the generator. Any revisions to the rule would be made through the full public rulemaking process.

Kentucky environmental lawyer Sanders says PSC ruling in Cincinnati Bell case is beginning of end of white pages phonebook.

2009-05-04T12:16:00.001-07:00

The Kentucky Public Service Commission (PSC) has decided that the Cincinnati Bell Telephone Co. can distribute printed White Pages directories only to those customers who make a specific request for the directories. In an order issued, the PSC found the Cincinnati Bell plan meets the statutory requirement that certain phone companies continue to provide subscriber access to directories. The PSC noted that Cincinnati Bell will make the contents of the directory available on the Internet, while existing and new customers who request a printed directory will receive one at no charge.

In its order, the PSC noted that Internet access is not universal for Kentucky telephone customers. Therefore, there may be many customers who prefer and rely upon traditional printed directories. The PSC ordered Cincinnati Bell to undertake an extensive public information campaign to inform customers of the switch to an electronic directory and their right to continue receiving a printed directory upon request.

The PSC also directed Cincinnati Bell to continue to include the listings of emergency and government information in the Yellow Pages directory, which will continue to be distributed to all customers in the Northern Kentucky area. The PSC said that those listings will provide access to vital information in the event of power outages or other emergencies that may disrupt Internet access.

Cincinnati Bell also will provide free copies of the published directories at all of its retail stores in the Cincinnati area. The PSC encouraged the company to also consider making the directories available at non-Cincinnati Bell stores and businesses.

Cincinnati Bell provides telephone service in Boone, Campbell, Gallatin, Grant, Kenton and Pendleton counties in Northern Kentucky. Most of the company’s customers are in Ohio, primarily within Cincinnati, Dayton and surrounding areas. Cincinnati Bell is an incumbent local exchange carrier, which means that it owns and operates most of the telephone infrastructure within a defined service area. There are other telephone companies also providing service in Northern Kentucky.

Those companies are known as competitive local exchange carriers and operate under “interconnection agreements” with Cincinnati Bell. The agreements govern their access to the Cincinnati Bell network.

The interconnection agreements usually include provisions under which Cincinnati Bell supplies White Pages directories to the customers of the competitive carriers. It will be up to Cincinnati Bell and the competitive carriers to determine how White Pages will be provided to those customers in the future.

Cincinnati Bell is the first incumbent local exchange carrier in Kentucky to move away from traditional distribution methods for White Pages directories. In January of this year, the Ohio Public Utilities Commission approved a similar request covering Cincinnati Bell’s Ohio customers.

PSC’s order and other documents in the case are available on the PSC Web site, psc.ky.gov. The case number is 2009-00029.

Kentucky environmental attorney Sanders says Big Bone Lick is a favorite fishing hole in NKY.

2009-05-04T12:03:00.000-07:00

Big Bone Lick State Park, Union
Free Fishing Weekend
June 6-7, 2009

Every year Kentucky offers free fishing days the first weekend in June. No license is required for residents or non-residents to fish in any Kentucky waters, but all fishing regulations remain in effect. The free fishing days are a great time to get some friends together and head down to Big Bone Lick State Park.

The park has a 7.5 acre lake, a stream stocked with trout, and the Ohio River is only 2 miles away from the park. Bait and year round hunting and fishing permits are available at the park campground store. Starts at 8 a.m.1-859-384-3522.

Kentucky environmental attorney Sanders says mark your calendar for June 6 and 7 for fishing and hiking around the Commonwealth.

2009-05-04T12:00:00.000-07:00

Barren River Lake State Resort Park, Lucas, Kentucky
Free Fishing Weekend and Youth Fishing Derby
June 6-7, 2009

Every year Kentucky offers free fishing days the first weekend in June. No license is required for residents or non-residents to fish in any Kentucky waters, but all fishing regulations remain in effect. The free fishing days are a great time to get some friends together.

The Fishing Derby is June 6. This is a fun day for youth ages 15 and under. A cooperative effort between the U.S. Army Corps of Engineers, Kentucky Department of Fish and Wildlife Resources, and Barren River Lake State Resort Park provides youth an opportunity to learn about fishing. The park provides the fishing poles (or you can bring your own) the bait and drinking water.

Activities begin at 9 a.m. with a 30 minute Leave No Trace for Fishing Awareness Seminar and games. Fishing will begin at 9:30 and will continue until noon. Prizes will be given for most fish, largest fish and smallest fish. Activities take place at the cove below the beach. Contact Lisa Deavers at 1-800-325-0057 or lisa.deavers@ky.gov

Kentucky environmental attorney Sanders says Kentucky has billion dollar deficit projected for 2010.

2009-05-04T11:09:00.000-07:00

Gov. Steve Beshear is asking the Consensus Forecasting Group (CFG) for a formal projection for fiscal year 2010, based on internal estimates that predict a potential budget shortfall next year of between $818 million and $1.094 billion.

The CFG, an independent group of leading economists across the Commonwealth, is expected to meet twice in May and come back with an official forecast for Fiscal Year 2010 by the end of the month. Gov. Beshear has also asked the CFG to make initial projections for FY 2011 and FY 2012.

This planning estimate is an important indication of how quickly the economy might begin recovering before decisions are made about how to balance Fiscal Year 2010.

As Kentucky lawmakers consider what to do about a projected $900-million budget shortfall over the next two years, most residents don't like the solutions they're hearing from Frankfort. Among them: steep cuts to higher education, a big hike in cigarette taxes and casino gambling.

Kentucky environmental attorney Sanders says change out those inefficient incandescent light bulbs!

2009-05-04T11:04:00.000-07:00

According to the U.S. Department of energy, an incandescent light bulb is more efficient as a heat source than a light, with nearly 90% of the input energy being converted to heat. Where can you find incandescent lamps in your house?

Recessed "can" fixtures
Wall sconces
Suspended fixtures
Lamps and task lighting
Accent lighting and "track" lighting
Illuminated exit signs
Exterior lighting

Now, I know why my mom left the light on in the garage in the winter for the dog.

Kentucky environmental attorney Sanders says Kentucky Statutes have Living Will provisions.

2009-05-01T13:26:00.000-07:00

A living will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments. A living will may also be referred to as an advance directive, health care directive, or a physician's directive.

A living will is a legal document that informs your health care providers and your family about your desires for medical treatment in the event you are not able to speak for yourself. Thus, a Living Will provides your written directions on your life and shows your decisions on how to proceed with medical care when you are unconscious or too ill to communicate your wishes. Thus, a Living Will memorializes your decisions and makes them clearly known to your health care providers and family members. It is a powerful and important legal document.

The Kentucky Living Will Directive Act of 1994 was passed to ensure that Kentuckians have a way to express their right to make decisions regarding their own medical care, including the right to accept or refuse treatment. T his right to decide about medical care applies to treatments that extend life, like a breathing machine or a feeding tube.

Kentucky law (KRS 311.625) specifies the form that you should fill out. The Living Will form includes two sections. The first section is the Health Care Surrogate section which allows you to designate one or more persons, such as a family member or close friend, to make health care decisions for you if you lose the ability to decide for yourself.

The second section is the Living Will section in which you may make your wishes known regarding life-prolonging treatment so your Health Care Surrogate or Doctor will know what you want them to do. You can also decide whether to donate any of your organs in the event of your death.

In Kentucky a Living Will allows you to leave instructions in four critical areas. You can:
• Designate a Health Care Surrogate
• Refuse or request life prolonging treatment
• Refuse or request artificial feeding or hydration (tube feeding)
• Express your wishes regarding organ donation

You should consult or retain an attorney, if you want to make changes to the standard Living Will form found in the statute book, or if you have any questions about this important document.

A living will is of little help and no legal effect, if no one knows that you have one. A copy of any Living Will should be put in your medical records. Each time you are admitted for an overnight stay in a hospital or nursing home, you will be asked whether you have a Living Will. You are responsible for telling your hospital or nursing home that you have a Living Will.

Please talk to your family, doctor and the person you designate as your health care proxy about your intentions.

The decision to make a Living Will should be your sole and independent personal decision and should be made only after serious thought and consideration.

KRS 311.623 — Living Will Directive
KRS 311.629 — Powers of Health Care Surrogate
KRS 311.631 — Responsible Parties Authorized to Make Health Care Decisions (if you have not designated a Health Care Surrogate)

All of these statutes can be found at: http://www.lrc.state.ky.us/statrev/frontpg.htm

Kentucky environmental lawyer Sanders says National Trust for Historical Preservation lists 11 endangered sites for 2009.

2009-05-01T13:16:00.000-07:00

The National Trust for Historic Preservation listed 11 sites in total:

Ames Shovel Shops, Easton, Mass.
Cast-Iron Architecture of Galveston, Texas
Century Plaza Hotel, Los Angeles, Calif.
Dorchester Academy, Midway, Ga.
Human Services Center, Yankton, S.D.
Lāna‘i City, Hawai‘i
The Manhattan Project’s Enola Gay Hangar, Wendover Airfield, Utah
Memorial Bridge, Portsmouth, N.H. to Kittery, Maine
Miami Marine Stadium, Virginia Key, Fla.
Mount Taylor, near Grants, N.M.
Unity Temple, Oak Park, Ill.

More information on these endangered historical sites can be found at http://blogs.nationaltrust.org/preservationnation/?p=4140

Kentucky environmental lawyer Sanders says President Obama sends $49,878,100 to Kentucky Infrastructure Authority to build wastewater treatment plants

2009-05-01T11:41:00.000-07:00

U.S. EPA awarded $49,878,100 to the Kentucky Infrastructure Authority. This infusion of money will help the state and local governments finance many of the overdue improvements to wastewater projects that are essential to protecting public health and the environment across the state.

The funds provided by the American Reinvestment and Recovery Act of 2009, will go to the state's Clean Water State Revolving Fund program. The Clean Water State Revolving Fund program provides low-interest loans for water quality protection projects for wastewater treatment, non-point source pollution control, and watershed and estuary management.

An unprecedented $4 billion dollars will be awarded to fund wastewater infrastructure projects across the country under the Recovery Act in the form of low interest loans, principal forgiveness and grants. At least 20 percent of the funds provided under the Recovery Act are to be used for green infrastructure, water and energy efficiency improvements and other environmentally innovative projects.

Since the Clean Water State Revolving Fund program began in 1987, EPA has awarded more than $26 billion in grants, which states have turned into $69 billion of financial assistance for water quality projects. The revolving nature of the program ensures water quality projects will be funded for generations to come.

President Obama signed the American Recovery and Reinvestment Act of 2009 on February 17, 2009, and has directed that the Recovery Act be implemented with unprecedented transparency and accountability. To that end, the American people can see how every dollar is being invested at Recovery.gov.

Information on EPA’s implementation of the American Recovery and Reinvestment Act of 2009 in EPA Region 4, visit http://www.epa.gov/region4/eparecovery

Kentucky environmental attorney Sanders says FDA issues stiff health warning to users of hydroxycut pills.

2009-05-01T11:08:00.000-07:00

The U.S. Food and Drug Administration is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences Inc., of Oakville, Ontario and distributed by Lovate Health Sciences USA Inc. of Blasdell, N.Y.

Some Hydroxycut products are associated with a number of serious liver injuries. Lovate has agreed to recall Hydroxycut products from the market. The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant. One death due to liver failure has been reported to the FDA.

Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure. Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Lovate and MuscleTech brand names.

The list of products being recalled by Lovate currently includes:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Caplets
Hydroxycut Max Liquid Caplets
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

Although the FDA has not received reports of serious liver-related adverse reactions for all Hydroxycut products, Lovate has agreed to recall all the products listed above.

Hydroxycut Cleanse and Hoodia products are not affected by the recall. Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. The agency has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts.

Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.

–Online: www.fda.gov/MedWatch/report.htm

–Regular Mail: Use FDA postage paid form 3500 found at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787

–Fax: 800-FDA-0178

–Phone: 800-FDA-1088

The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.

Kentucky environmental attorney Sanders says get involved in Lexington's plan to reach platinum status with Amer. League of Bicyclists!

2009-05-01T07:41:00.000-07:00

The League of American Bicyclists is judging cities on their willingness to “welcome cyclists by providing well-engineered bicycle facilities, creating new places to ride, educating motorists and cyclists on the rules of the road, and encouraging people to bike for transportation and recreation.”

The League of American Bicyclists awards a “Bicycle Friendly Community” designation to cities that record significant progress in two of five categories, described in their program as the “Five Es.”

1. Education: Does the community have systems in place to train children and adult cyclists?

2. Engineering: Are bicyclists included in the city’s transportation plan?

3. Enforcement: Do police officers understand and enforce bicyclists’ rights and responsibilities?

4. Encouragement: Does the community participate in Bike Month, offer bike rodeos, host community bike rides, or otherwise encourage cycling?

5. Evaluation: Does the community have methods in place to ensure their bicyclist programs are making a difference?

To make Lexington even more bicycle-friendly, Lexington Mayor Jim Newberry appointed a 17-person task force to implement recommendations developed by participants of the Lexington Bike Summit, which was convened in the fall of 2007. That Bike Summit considered ways to realize the LFUCG Bike/Pedestrian Master Plan that had been adopted earlier in 2007.

A public forum, hosted by the Mayor’s Bike Task Force (MBTF) and sponsored by the Knight Foundation, has been scheduled for Tuesday, May 5, at 6:30 p.m., at Central Library in downtown Lexington. The public forum will focus discussion on how Lexington can move up to the platinum level and improving cycling opportunities and bike safety in the Lexington area.

What a great idea for the public good in the city of Lexington! We wish them the very best towards achieving their goal of reaching platinum status for bicyclists. Please take time to attend this important meeting and volunteer to make Lexington a better place to live, work and go to school.

Where are the cities of Northern Kentucky on the rankings compiled by the League of American Bicyclists?? Come on Covington, let’s work to making Northern Kentucky more friendly to biking and walking!!

Kentucky environmental attorney Sanders says Chrysler declares bankruptcy in sad day for America!

2009-04-30T13:20:00.000-07:00

Chrysler filed for Chapter 11 protection today, becoming the first major U.S. automaker to declare bankruptcy. The global car company listed billions in debt and liabilities, and an extensive roster of creditors to whom it owes money. Read more...

Chrysler, one of Detroit's 'Big 3' automakers, filed for Chapter 11 bankruptcy relief in New York City. The bankruptcy petition lists billions in debt and liabilities, and has an extensive list of creditors to whom it owes money.

Kentucky environmental lawyer Sanders says House Subcommittee on Bayer Plant explosion in WVa has shocking documents, photos and video of disaster.

2009-04-29T14:36:00.001-07:00

On April 21, 2009, the House Subcommittee on Oversight and Investigations held a hearing titled, “Secrecy in the Response to Bayer’s Fatal Chemical Plant Explosion,” in Room 2322 of the Rayburn House Office Building.

The documents available on the House Subcommittee’s website are absolutely chilling, and show how close Bayer potentially came to large scale community disaster. These documents should be required reading for anyone working in or near a large chemical plant using flammable, toxic, or hazardous chemicals.

Here is the witness list and the links to the documents presented to the House Committee.

Witness List
• The Honorable John D. Rockefeller, IV, United States Senator, West Virginia
• John Bresland, Chairman, U.S. Chemical Safety and Hazard Investigation Board
• William Buckner, President and CEO, Bayer CropScience
• Nick Crosby, Vice President, Institute Site Operations, Bayer CropScience
• Admiral James Watson, Director of Prevention Policy for Marine Safety, Security and Stewardship, U.S. Coast Guard
• Joseph Crawford, Chief of Police, City of St. Albans, West Virginia
• Michael Dorsey, Chief of Homeland Security and Emergency Response, West Virginia Department of Environmental Protection
• Kent Carper, President, Kanawha County Commission, Kanawha County, West Virginia
• Pamela Nixon, Environmental Advocate, West Virginia Department of Environmental Protection

Documents
• Chair Stupak's Opening Statement
• Chair Waxman's Opening Statement
• Testimony of John Bresland
• Testimony of William Buckner
• Testimony of James Watson
• Testimony of Joseph Crawford
• Testimony of Michael Dorsey
• Testimony of Kent Carper
• Testimony of Pamela Nixon
• Supplemental Memo
• Emergency Response Documents
• MIC Documents
• Information Concealment Documents
• Photos of Bayer Plant After Fire
• Video of Bayer Plant After Fire
Audio
WMV
Stream or Download

These documents can be found at:

http://energycommerce.house.gov/index.php?option=com_content&view=article&id=1583:energy-and-commerce-subcommittee-hearing-on-secrecy-in-the-response-to-bayers-fatal-chemical-plant-explosion&catid=133:subcommittee-on-oversight-and-investigations&Itemid=73