Lawyer Sanders says US EPA fines facility $81,193 for failing to prepare Risk Management Plan under Section 112 of Clean Air Act.

U.S. EPA fined Cascade View Fruit & Cold Storage, LLC (Cascade View) $81,193 for violating Section 112(r) of Clean Air Act. The violation occurred when Cascade Views’ cold storage warehouse located at 1100 East Pomona in Yakima, Washington failed to prepare a RMP and submit a Risk Management Plan to the agency. EPA found that the facility lacked a prevention program to protect the public and the environment from an off-site release of anhydrous ammonia.

According to EPA, anhydrous ammonia is one of the most dangerous chemicals used in refrigeration and agriculture today. It is used and stored under high pressure, which requires specially designed and well-maintained equipment. Those who work with anhydrous ammonia must be trained to follow exact handling procedures. The primary causes of uncontrolled releases are improper handling procedures, careless or untrained workers, or faulty equipment

Lawyer Sanders says no more free USDA database on use of pesticides and fertilizers on U.S. farms.

The U.S. Department of Agriculture (USDA) has eliminated the only federal program that tracks the use of pesticides and fertilizers on American farms. The move has left scientists, industry groups, and public advocates puzzled and perplexed about how to continue their work without this free information. Now, industry and environmental groups are lobbying USDA and Congress to restore the program, which costs $8 million out of an annual NASS budget of $160 million.

Lawyer Sanders says U.S. Army confirms leak of mustard gas inside chemical weapon storage igloo outside of Richmond, Kentucky.

Officials at Blue Grass Army depot have confirmed another vapor leak at the chemical weapons stockpile in a chemical weapons storage igloo in Richmond. The leak occurred in an igloo that stores 155 milimeter H-agent artillery shells. The leak involves blister agent H, known as mustard.

A blister agent (also known as a vesicant) is a chemical compound that causes severe skin, eye and mucosal pain and irritation. They are named for their ability to cause large, painful water blisters on the bodies of those affected.The Army discovered the leak during a routine weekly check of air inside the storage igloo. It's the first confirmed detection of H-agent in more than three years. At least two other vapor leaks involving sarin have been detected in the past year.

Sarin is an extremely toxic substance whose sole known application is as a nerve agent.
Sulfur mustards were introduced as chemical warfare agents during World War I. More than a dozen countries have sulfur mustard agents in their chemical arsenals. Destruction of U.S. stockpiles of chemical agents, including sulfur mustards, was mandated by the Chemical Weapons Convention to take place before April 2007.

The U.S. Department of Heath and Human Services (DHHS) has determined that blister agent H/HD is a known human carcinogen. The International Agency for Research on Cancer (IARC) has classified agent H/HD as carcinogenic to humans. Studies in humans indicate that long-term exposure to sulfur mustards may lead to cancer of the upper respiratory airways.

Lawyer Sanders says Apex Oil slammed by U.S. District Court for failing to cooperate with US DOJ and US EPA.

Apex Oil Company Inc. has been ordered to remediate extensive soil and groundwater contamination from its former refinery operations in Hartford, Illinois. In a decision issued on July 28, 2008, Chief Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois ordered Apex Oil Company Inc. to clean up the contamination, at an expected cost of at least $150 million.

The court’s decision is based on evidence presented at a five-week trial in January and February 2008, in a federal lawsuit filed by the Justice Department and EPA.
The soil and groundwater beneath Hartford has been contaminated with more than one million gallons of leaded gasoline and other petroleum products from refinery and pipeline leaks and spills. For years, Hartford residents have been forced to evacuate when vapors emanating from that contamination have seeped into homes and public buildings.

The court ruled that Apex Oil was responsible for multiple leaks and spills that contributed to the contamination beneath Hartford. The evidence also showed that the pollution amounts to an "imminent and substantial endangerment" to human health and the environment under the federal waste management law, known as the Resource Conservation and Recovery Act. At the government’s request, the judge ordered Apex Oil to begin work promptly on the final soil and groundwater remedy for Hartford, in accordance with a formal cleanup plan that has already been approved by EPA. That cleanup plan will require installation of an extensive liquid and vapor extraction system to remove and treat petroleum hydrocarbon contamination that is smeared into soils and floating atop the groundwater beneath the village.

Preliminary cleanup work in Hartford began under a 2004 agreement that U.S. EPA negotiated with four other oil companies Shell Oil, Valero Energy, BP Amoco and Sinclair Oil. The Justice Department filed suit against Apex Oil in 2005 after the company refused to assist with that cleanup effort. Apex Oil is the legal successor to Clark Oil and Refining Corporation, which owned a refinery next to the Village of Hartford from 1967 to 1988. Apex Oil currently operates as a privately-owned oil trading firm, headquartered in Clayton, Mo.

Although the other oil companies that contributed to the contamination were not named as defendants in the government’s lawsuit against Apex Oil, the judge’s ruling against Apex Oil makes clear that it does not relieve those other companies of their joint responsibility for all remaining cleanup work, including ongoing work required under their 2004 agreement with U.S. EPA.

Lawyer Sanders says key KY Clean Air Act case argued on meaning of "best available control technology" for coal burning power plants.

In a very important case under the Clean Air Act, a three-judge panel consisting of Court of Appeals Judges Denise G. Clayton, Joy A. Moore and Jeff S. Taylor heard oral arguments in Environmental and Public Protection Cabinet v. Sierra Club at 11 a.m. EDT on Tuesday, July 29.

In the case on appeal, the Franklin Circuit Court found that the air-quality permit issued to Peabody Energy for its proposed Thoroughbred power plant should be remanded to the EPPC because the order issuing the permit was deficient due to legal and factual errors.
Attorneys for Kentucky’s Energy and Environment Cabinet and Thoroughbred Generation attempted to sway three appellate judges into overturning a lower court ruling that effectively blocked construction of a proposed 1,500-megawatt coal-fired power plant in Muhlenberg County.

On the other side of the table, lawyers for the Sierra Club argued that the lower court correctly ruled that Thoroughbred’s proposed air pollution controls were insufficient to meet mandatory standards controls under the Clean Air Act. The attorneys argued that Peabody’s proposed plant did not use best available air pollution control technology -- even though better air pollution controls were readily available to the company. As a result, Peabody’s plant would emit more sulfur dioxide and other air pollutants than other similar coal-fired plants because its air pollution control equipment was inferior.

Peabody wants to build the large coal-fired electric generating near Central City, Kentucky. Peabody submitted a permit application to build the large plant in 2001, and the state initially granted it an air permit in 2002. The Sierra Club immediately appealed the agency’s original decision because Peabody’s planned air pollution controls did not meet the mandatory standards in the Clean Air Act. The Sierra Club claimed the plant would emit too much air pollution.

In 2005, a hearing officer for the state agency recommended that Peabody’s air permit application be sent back to the Division for Air Quality for more engineering review to ensure that the huge coal-fired electric generating plant would indeed install and use the best available pollution control technology to reduce its air pollution.

The hearing officer believed the plain wording of the Clean Air Act required the plant to install the best available control technology, or in other words, those controls most efficient in removing air pollution. In her 300-page comprehensive report, the hearing officer also recommended the agency require Peabody to do further studies to ensure the plant's emissions would not injure plant and animal life. One year later, then-Cabinet Secretary LuJuana Wilcher, who was appointed by Ernie Fletcher, overruled the hearing officer's recommendations and granted Peabody a permit.

The Sierra Club appealed the agency head’s decision to the Franklin Circuit Court. The circuit court ruled last year Peabody’s air permit should not have been granted, saying the agency’s reason for overturning the hearing officer was contrary to the evidence in the hearing. Peabody and the state environmental agency appealed the Franklin Circuit Court ruling.

During much of the oral arguments held on Tuesday, attorneys and the three-judge panel sparred over the meaning of the plant’s requirement under the Clean Air Act to install “best available control technology” to reduce air pollution. The appellate panel also focused on whether better air pollution controls were available when Peabody proposed the plant.

The Kentucky Court of Appeals heard oral arguments on the important Clean Air Act case in the Circuit Courtroom of the Harrison County Justice Center at 115 Court Street in Cynthiana.

Lawyer Sanders says global investment in renewable energy up 60% percent over 2006 levels.

In a report released by the UN Environmental Programme (UNEP), analysts conclude that global investment in renewable energy rose 60% last year compared with 2006. Solar power was the fastest growing type of renewable energy last year, with investments rising almost 90% to $28 billion.

The report, called Global Trends in Sustainable Energy Investment 2008, credits the recent boom partly to skyrocketing oil prices, concerns about climate change and energy security, and growing governmental support for sustainable-energy projects. Wind energy led in total investment dollars, pulling in a 40% increase to $50 billion in new investments in 2007. Solar power was the fastest growing energy source, rising nearly 90% in one year to $28 billion. Biofuels were the only declining sector, because of concerns about prices, supplies, and environmental impacts.

Although most of the new money went to Europe, with the U.S. coming in second, the report notes that China, India, and Brazil are becoming major players on the global renewable-energy scene. Their combined global share of new investment grew from 12% in 2004 to 22% in 2007, representing a 14-fold increase from $1.8 billion to $26 billion.

Mr. T. Boone Pickens is a leader in wind energy investment in America. Now, if we can just get members of Congress to follow his lead.

Lawyer Sanders says U.S. EPA gives $50,000 to city of Houston, Texas to develop solar energy site on old 300 acre landfill.

U.S. EPA awarded the city of Houston, Texas $50,000 to help develop a solar energy plant on the site of a former landfill. The Houston project seeks to revitalize a 300-acre former landfill site located near downtown. Funding from EPA will help with evaluating the various environmental, engineering, and regulatory issues involved in the project. Assistance will also help conduct solar energy production and financial feasibility studies.

Lawyer Sanders says check out the NRDC webpage on beach water quality before swimming in that water!

The water at American beaches was unsafe for swimming last year with the second-highest number of beach closing and advisory days ever, according to the 18th annual beach water quality report released today by the Natural Resources Defense Council (NRDC).

Using data from the U.S. Environmental Protection Agency, the report, “Testing the Waters: A Guide to Water Quality at Vacation Beaches,” shows the number of closing and advisory days at ocean, bay and Great Lakes beaches was more than 20,000 for the third consecutive year, confirming that our nation’s beaches continue to suffer from serious water pollution that puts swimmers at risk. For the full report, go to www.nrdc.org/beaches.

Lawyer Sanders says EPA is closing door on use of Furadan as pesticide in U.S.

Carborfuran is marketed by FMC as "Furadan" in the U.S. According to FMC’s website, Furadan insecticide-nematicide has been the standard for insect control for more than 25 years. Used as both an at-plant and a foliar insecticide, Furadan provides control of both soil and above ground pests - corn rootworms, alfalfa weevil, 1st generation European corn borer and aphids - on key crops like corn, alfalfa and cotton and more.

Despite FMC's claims on the effectiveness of Furadan, U.S. EPA has concluded that dietary, worker, and ecological risks are of concern for all uses of carbofuran. All products containing carbofuran generally cause unreasonable adverse effects on humans and the environment and do not meet safety standards, and therefore are ineligible for re-registration.

Carbofuran is a white crystalline solid with a slightly phenolic odor. This broad spectrum insecticide is sprayed directly onto soil and plants just after emergence to control beetles, nematodes and rootworm. The greatest use of carbofuran is on alfalfa and rice, with turf and grapes making up most of the remainder. Earlier uses were primarily on corn crops.

Carbofuran is a systemic insecticide, which means that the plant absorbs it through the roots, and from here the plant distributes it throughout its organs (mainly vessels, stems and leaves; not the fruits), where insecticidal concentrations are attained. Carbofuran also has contact activity against pests. Carbofuran usage has increased in recent years because it is one of the few insecticides effective on soybean aphids.

Short-term health effects: EPA has found carbofuran to potentially cause the following health effects when people are exposed to it at levels above the MCL for relatively short periods of time: headache, sweating, nausea, diarrhea, chest pains, blurred vision, anxiety and general muscular weakness. These effects are reversible.

Long-term health effects: Carbofuran has the potential to cause the following health effects from long-term exposures at levels above the MCL: damage to the nervous and reproductive systems.

EPA will accept public comments on the proposed tolerance revocation for 60 days. For more information go to: epa.gov/pesticides/reregistration/carbofuran/carbofuran_noic.htm

Lawyer Sanders says EPA to pass on regulating 11 contaminant candidates under Safe Drinking Water Act.

U.S. EPA currently regulates more than 90 contaminants in our public drinking water supply. The Safe Drinking Water Act (“SDWA”) includes a process that EPA must follow to identify and list unregulated contaminants which may also require regulation. By law, EPA must periodically publish a list of new list of potential contaminants and decide whether to regulate them under the SDWA. This list is called the Contaminant Candidate List (“CCL”). If EPA selects a contaminant from the CCL, EPA will publish a National Primary Drinking Water Regulation to control the contaminant in our public drinking water supply.

EPA published its second CCL (CCL 2) in 2005. In May 2007, EPA published a Federal Register notice announcing and requesting comment on its preliminary determinations for 11 of the 51 CCL 2 contaminants. This month, EPA announced its final determination not to regulate 11 contaminants on the second drinking water contaminant candidate list (CCL 2).
EPA concluded that these 11 contaminants do not occur nationally in public water systems, or occur at levels below a public health concern.

The 11 contaminants include naturally occurring substances, pesticides, herbicides, and chemicals used (or once used) in manufacturing. While none of the contaminants were found nationally at levels of public health concern in public water systems, EPA is updating health advisories for seven of the contaminants to provide current health information to local officials for situations where the contaminants are present.

After a lot of review and study, here is what EPA decided for the 11 potential candidates. EPA is updating health advisories for boron; dacthal mono- and di-acid degradates;1,3-dichloropropene (Telone); 2,4-dinitrotoluene, and 2,6-dinitrotoluene; and 1,1,2,2-tetrachloroethane.

EPA has determined that updated or new health advisories are not needed for 1-dichloro-2,2-bis(p-chlorophenyl) ethylene (DDE); s-ethyl propyl thiocarbamate (EPTC); Fonofos; and Terbacil because the national monitoring data showed almost no occurrence at levels of public health concern.
For more information go to: http://www.epa.gov/safewater/ccl/reg_determine2.html.

Lawyer Sanders says that EPA orders pair to restore wetlands dredged and filled without a valid Section 404 permit from USACE.

US EPA orders a land owner and contractor to restore 2 acres of wetlands located in Barre, Massachusetts that they dredged and filled without a permit in violation of the federal Clean Water Act. The owner of the property, Joseph Duhamel, and his contractor, John Amidio, illegally discharged dredged and filled materials into the wetlands at the site in 2004.

Approximately 2 acres of wetlands were cleared, grubbed, excavated, and sand and gravel was removed, for the purposes of extracting sand and gravel material for Mr. Amidio's use, and the creation of a private pond for Mr. Duhamel's use. Under the order, Mr. Duhamel and Mr. Amidio will be required to restore an area of altered wet meadow/shrub wetlands, and to restore another portion of the altered area to a terraced pond with surrounding wet meadow and shrub wetlands. These actions will help to restore the wetland functions that were previously served by the wetlands before they were altered.

US EPA in New England enforces the federal wetland laws found in Section 404 of the Clean Water Act (CWA). The CWA prohibits the discharge of dredged and/or fill material into waters of the U.S. (including most wetlands) without a valid Section 404 permit from the U.S. Army Corps of Engineers (USACE).
USACE is responsible for accepting applications for and issuing or denying Section 404 permits, while EPA reviews and comments to the USACE on applications for permits. Both federal agencies, however, share enforcement responsibilities under the CWA, which provides administrative and judicial penalties for violations.

Lawyer Sanders says US EPA fined Journal Holdings $200,000 for Clean Air Act violations

U.S. EPA settled several Clean Air Act violations with Journal Holdings Inc., 333 W. State St., Milwaukee, Wis., formerly known as NorthStar Print Group Inc., for $200,000.

The clean-air violations occurred at the company's printing plant at 512 Ninth Ave., Norway, Michigan. U.S. claimed that Journal Holdings violated national emission standards for hazardous air pollutants for the printing and chromium electroplating industries. EPA said testing, planning, monitoring, recordkeeping and reporting requirements were violated.

According to EPA, hazardous air pollutants may cause serious health effects including birth defects and cancer. They may also cause harmful environmental and ecological effects.

Lawyer Sanders says U.S. EPA fines Celanese Acetate $60,000 for violating Clean Air Act at Virginia plant.

US EPA fined Celanese Acetate, L.L.C., a manufacturer of acetate products in Narrows, Va., $60,000 for violations of Clean Air Act. US EPA cited the company for problems occurring in 2003 related to the monitoring and repairing of equipment at Celanese's Celco plant located at 3520 Virginia Ave. in Narrows.

According to EPA, Celanese failed to perform a required test on a continuous emissions monitor for nitrogen oxides on a boiler at the Celco plant. In addition, Celanese failed to monitor valves, connectors, and heat exchangers; failed to repair a leaking connector; failed to cap an open-ended line; and failed to include all required information in its regulatory reporting documents.

Lawyer Sanders says US EPA settles cost recovery actions with Old Village Mill at two CERCLA sites.

US EPA announced a proposed settlement for recovery of past costs concerning the Brunswick Mill Superfund Site and Carvill Combing Company Superfund Site in Plainfield, Connecticut with the following settling party: Old Village Mill, LLC. The settlement requires Old Village Mill LLC to pay $225,000.00 to the Hazardous Substance Superfund. In exchange, the settlement includes a covenant not to sue for the settling party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a).

For thirty (30) days following the date of publication of this notice, US EPA will receive written comments relating to the settlement. EPA will consider comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. EPA's response to public comments received will be available for public inspection at One Congress Street, Boston, MA 02114-2023.

Comments must be submitted on or before August 20, 2008. Comments should be addressed to Mary Jane O'Donnell, Chief,ME/VT/CT Superfund Section, U.S. Environmental Protection Agency, Region I, One Congress Street, Suite 1100 (HBT), Boston, Massachusetts 02114-2023 (Telephone No. 617-918-1371) and should refer to: In re: Brunswick Mill Superfund Site and Carvill Combing Company Superfund Site, U.S. EPA Docket No. 01-2008-0029.

Lawyer Sanders says Wildlife Society report warns of lead toxity harm to fish, birds and other wildlife from lead sinkers and lead shot.

According to a new Wildlife Society report, millions of pounds of lead used in hunting, fishing and shooting sports wind up in the environment each year and can threaten or kill wildlife. Lead is a metal with no known beneficial role in biological systems, and its use in gasoline, paint, pesticides, and solder in food cans has nearly been eliminated. Although lead shot was banned for waterfowl hunting in 1991, its use in ammunition for upland hunting, shooting sports, and in fishing tackle remains common. Lead exposure from ingested lead shot, bullets, and fishing sinkers also has been reported in reptiles, and studies near shooting ranges have shown evidence of lead poisoning in small mammals.

The Wildlife Society estimates that individual shooting ranges may receive as much as 1.5 to 23 tons of lead shot and bullets annually, and outdoor shooting ranges overall may use more than 80,000 tons of lead shot and bullets each year. Although precise estimates are not available for lead fishing tackle in the environment, about 4,382 tons of lead fishing sinkers are sold each year in the United States. As most fishermen are aware, lead weights are easy to lose due to snags and line breakage.

To obtain a copy of USGS’ report, "Sources and Implications of Lead-Based Ammunition and Fishing Tackle on Natural Resources," visit The Wildlife Society. Read more from the American Fisheries Society article (PDF) on the known and potential impacts of lead in shooting and fishing.

The Wildlife Society, an independent professional and scientific organization representing nearly 8,000 wildlife professionals. The chair of the committee that produced the technical review works for USGS. USGS thought the report to important that it issued a press release coordinated with our own.

Lawyer Sanders says U.S. EPA needs more time to consider Texas demand for a waiver of renewable fuel standard.

US EPA apparently needs more time to respond to Texas’ request for a 50% waiver from the federal renewable fuel standard (RFS) mandate for corn-based ethanol. The RFS, part of the Energy Independence and Security Act of 2007, requires increased national production of renewable Biofuels.

In April 2008 Texas requested a waiver from the RFS. Shortly after receiving the waiver request, U.S. EPA initiated a public comment during which it received over 15,000 comments to the proposal. According to U.S. EPA, a number of the public comments raised substantive issues and included significant economic analysis.

U.S. EPA is also required to consult with the Departments of Agriculture and Energy in considering whether to grant or deny the waiver request and has begun these consultations. U.S. EPA is expected to reach a decision by the end of August 2008.

Lawyer Sanders says North Carolina is suing TVA for air pollution from coal-fired utility plants.

A huge and important environmental legal battle is raging in U.S. District Court in Asheville, North Carolina over air pollution from Tennessee Valley Authority’s coal fired utility plants. North Carolina Attorney General sued TVA in federal court and accused the federal utility of allowing its plants to illegally spew sulfur dioxide, mercury and other chemicals far in excess of its permit limits. The air pollution from TVA’s plants is traveling in the atmosphere across state lines and landing into North Carolina. U.S. District Court Judge Lacy Thornburg is hearing the case without a jury.

North Carolina is asking the federal judge to order TVA to reduce the air pollution generated at its 11 coal-fired plants in Tennessee, Kentucky and Alabama. Seven of TVA’s coal-burning, electricity-generating plants are in Tennessee. Another two are in Kentucky and two others in Alabama. TVA’s lawyers flatly deny all of the allegations and argue that TVA has already reduced pollution.

According to the suit, North Carolina claims that TVA’s air pollution is making its residents ill, increasing the state’s health care costs, and TVA’s pollution is ruining the Blue Ridge Mountains. That last effect is costing North Carolina a huge loss in tourism dollars. The state wants TVA to follow North Carolina's Clean Smokestacks Act, passed in 2002, which requires plants located in the state to cap emissions by 2013.

One of North Carolina’s witnesses is Bruce Buckheit. From 1996 to December, 2003, Buckheit was Director of the Air Enforcement Division for U.S. EPA. The Air Enforcement Division is responsible for major case development and prosecution as well as policy development and national program management respecting stationary sources regulated under the Clean Air Act, such as coal-fired utility plants.

Lawyer Sanders says oil sands are a large potential source of petroleum and located in Western Hemisphere.

Oil sands is a colloquialism for what are technically described as bituminous sands, and commonly known as oil sands or (in Venezuela) extra heavy oil. The sands are naturally occurring mixtures of sand or clay, water and an extremely dense and viscous form of petroleum called bitumen. They are found in large amounts in many countries throughout the world, but are found in extremely large quantities in Canada and Venezuela. Together, Canada and Venezuela oil sands reserves are about equal to the world's total reserves of conventional crude oil.

Lawyer Sanders says Cincinnati Metro bus system wins Clean Fuels Grant for three biodiesel buses.

The Southwest Ohio Regional Transit Authority received a Clean Fuels Grant of $776,000 from the Federal Transit Administration through the U.S. Department of Transportation, U.S. Sen. George Voinovich announced. Funds provided by the grant will purchase as many as three biodiesel fuel buses for Cincinnati's Metro bus system, according to a news release.

Lawyer Sanders says wetlands play a fundamental and necessary role in our ecosystem.

You have probably read my past posts about U.S. EPA awarding money to restore wetlands in Louisiana. Perhaps you are rubbing your head and wondering why the federal regulatory agency would spend millions of dollars restoring wetlands.

Keep in mind that the Mississippi River drains the runoff of the eastern half of the United States into the Gulf of Mexico. Think of how much fertilizer and other chemicals drain into the rivers and streams that feed into the Mississippi River. The nitrogen-containing fertilizers and the great algae blooms that they cause are killing a large area of the Gulf of Mexico. If EPA and Louisiana can restored and expanded the wetland areas in Louisiana, perhaps they can slow down the unwanted microbial plague invading and killing the Gulf of Mexico.

In short, wetland ecosystems are fundamentally important features of our landscape because they improve water quality, serve as nursery and feeding areas for fish, birds and other wildlife, and dampen the energy of flood events. Wetlands remove nutrients from surface and ground water by filtering and by converting nutrients to unavailable forms.

Denitrification is arguably the most important of these reactions because humans have increased nitrate worldwide by applying fertilizers. Increased nitrate availability can cause eutrophication, but denitrification converts biologically available nitrogen back into nitrogen gas, which is biologically unavailable except to nitrogen fixing bacteria.

Denitrification is a biological process that may ultimately produce molecular nitrogen through a series of intermediate steps. Simply said, bacteria and other microbes found in wetlands break down complex nitrogen compounds into smaller nitrogen compounds. These intermediate steps generate gaseous nitrogen oxide products, including methane. Denitrification can be detected in many soils, but denitrification is fastest in wetlands soils.
Wetlands are also important in the global carbon cycle because they hold about 1/3 of the world's soil carbon and release 40% of all methane (a powerful greenhouse gas).

Lawyer Sanders says Bush Administration appoints Lynn Buhl as Administrator of US EPA Regon 5.

The Bush Administration appointed Lynn Buhl to serve as Regional Administrator for U.S. EPA Region 5, which encompasses Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. Since September 2006, Buhl has served as Deputy Assistant Administrator in the Office of Enforcement and Compliance Assurance at EPA Headquarters, where she advised the Administrator on a wide range of environmental enforcement issues. Prior to her service in Maryland, Buhl worked at Michigan's Department of Environmental Quality, Daimler Chrysler Corporation and in EPA's Region 5 office as an assistant regional counsel.

Lawyer Sanders says US EPA to award $3.4 million in grants to curb air emissions from older diesel engines.

U.S. EPA plans to award approximately $3.4 million in grants to establish projects using emerging technologies to reduce emissions from the nation's existing fleet of diesel engines. Addressing the existing fleet is important because it pre-dates EPA's stringent new particulate and nitrogen oxide standards and diesels remain in use for decades. This sum was authorized by the Energy Policy Act of 2005 and funded for the first time this fiscal year.

State, local, regional and tribal governments may apply for the grants, as well as non-profits and institutions with transportation, educational service, and air quality responsibilities. Emerging technology manufacturers must partner with an eligible applicant to receive this funding. The grants are targeting school or transit buses, medium and heavy-duty trucks, marine engines, locomotives and non-road engines. Grant proposals must be submitted by Sept. 21, 2008.

The final awards will be announced in December. For more information about this grant, visit: http://www.epa.gov/otaq/diesel/grantfund.htm

Lawyer Sanders says to pledge to change out one CFL for old incandescent light bulb and save energy and money.

Today’s compact fluorescent light bulbs (CFLs) use 50 to 80 percent less energy than incandescent bulbs. If every U.S. household replaced just one incandescent bulb with a CFL, the U.S. EPA estimates we would reduce global warming pollution by an amount equivalent to taking more than 800,000 cars off the road. CFLs last up to 10 times as long as incandescent bulbs, but because frequent on/off cycles can reduce their useful life, target high-usage areas of your home first (that is, where lights stay on for long periods of time). This will ensure you get the most energy savings right away.

CFLs do contain a small amount of mercury, so they should not be thrown out in the trash. However, the average coal-fired power plant emits 3.2 milligrams of mercury for each CFL running six hours per day for five years. The same power plant emits nearly 15 milligrams of mercury for an incandescent bulb running the same amount of time, according to research by the Union for Concerned Scientists.

With all due respect to Al Gore, let’s crawl before we run in making American less dependent on fossil fuels. Make a pledge to change out one incandescent light bulb in your home or office in the next 30 days.

Lawyer Sanders says "holy moly, coal hits $139.30 per ton for week ending July 18, 2008."

Central Appalachia coal hit $139.30 per ton on the spot market for the week ending July 18, 2008 according to the U.S. Government's Energy Information Agency. This agency is the official sources of energy statistics from the U.S. Government.

Good grief, look out for the cost of residential electricity costs this winter. The spike in coal costs will have a major impact on inflation and energy costs.

Lawyer Sanders says Kentucky black gold hits $134.55 per ton on spot market for week ending July 11th.

Central Appalachia coal hit $134.55 per ton on the spot market for the week ending July 11, 2008 according to the U.S. Government's Energy Information Agency. This is the official energy statistics from the U.S. Government.

Good grief, look out for the cost of residential electricity costs this winter.

Lawyer Sanders says Bush Administration pumping another $21 million into Louisiana marshes.

U.S. EPA awarded $21,375,446 to the Louisiana Department of Natural Resources (LDNR) to implement a project to restore and protect Louisiana’s coastal wetlands. The money will be used to rebuild 493 acres of emergent marsh and help demonstrate the feasibility of using Mississippi River sediment as a resource in the restoration of marsh communities and transporting the sediment by pipeline.

The money is flowing down from Washington like fine wine to Louisanna bayou country during these last months of the Bush Adminstration. It makes you wonder why?

Lawyer Sanders says U.S. EPA fines three contractors for stormwater runoff violations at construction sites.

Operators at three construction sites in Idaho were fined a total of $21,800 to settle Clean Water Act cases filed by U.S. EPA. The enforcement cases arose from inspections conducted at the start of the construction season this spring. EPA inspectors checked construction sites for compliance with the nationwide Construction General Permit, which is part of the National Pollutant Discharge Elimination System program.

Inspectors observed violations at all of the sites visited. Those violations included failure to apply for coverage under the storm water permit, failure to conduct required self-inspections, and failure to install and maintain erosion and sediment controls.

The violations were settled using the EPA’s Construction Storm Water Expedited Settlement Offer Policy, a streamlined enforcement process with lower fines for operators who are first-time violators and where no significant environmental harm was yet observed. Individual penalties ranged from $2,450 to $14,950:

Lawyer Sanders says U.S. EPA giving $20,678,580 to Louisiana to restore marshes on Whiskey Island.

With an important election ahead in November, the Bush Administration is giving $20,678,580 to the Louisiana Department of Natural Resources (LDNR) to restore and protect the marshes at Whiskey Island. The money is supposed to create 300 acres of coastal habitat, a minimum of three one-acre tidal ponds, 5,800 feet of tidal creeks, approximately 13,000 feet of dune, and planting of smooth cordgrass.

Lawyer Sanders says you have some additional days to submit public comments on new rule for lead under NAAQS.

EPA is extending the deadline for public comments on the proposed National Ambient Air Quality Standards for lead from July 21, 2008, to Aug. 4, 2008. EPA will now issue final standards by Oct. 15, 2008. This new date will allow the agency time to carefully review and consider public comments.

Lawyer Sanders says Mt. St. Helens is now classified as in sleep mode -- for time being.

U.S.G.S. scientists have lowered the volcano alert level for Mt. St. Helens in Oregon from Advisory to Normal and the aviation color code from Yellow to Green. Said in plain terms, the huge volcano is officially back in sleep mode or is dormant -- at least according to the U.S.G.S.

USGS designates the level of activity at a U.S. volcano using the terms "Normal," for typical non-eruptive behavior; "Advisory," for elevated unrest; "Watch," for escalating unrest or a minor eruption underway that poses limited hazards; and, "Warning," if a highly hazardous eruption is underway or imminent. These levels reflect conditions at a volcano and the expected or ongoing hazardous volcanic phenomena.

Lawyer Sanders says French nuclear plant has a buried pipe leaking radioactive material at nuclear plant.

French nuclear firm Areva detected a uranium leak that could date back several years at a factory it operates in southeastern France, the company announced. Areva, a government-controlled company which makes nuclear reactors and deals with uranium, said the leak came from a buried pipe transporting liquid uranium and that the crack in the tubing was "several years old."

The company discovered the leaking pipe during a maintenance operation. The leaking pipe connects a nuclear fuel fabrication facility to a treatment station. Monitoring measures currently show the leaking material is contained and has not migrated outside the building into the environment.

Lawyer Sanders says Teva Pharmaceuticals bought generic drug rival, Barr Pharmaceuticals, in $7.46 billion drug deal.

Teva Pharmaceutical Industries is going to buy Barr Pharmaceuticals for $7.46 billion to expand manufacturing and sales of generic drugs in both the United States and Europe. The combined drug company should employ about 37,000 people around the world and operating in more than 60 countries.

The two generic drug makers generated $11.9 billion in revenue in 2007.
Under the terms of the agreement, each share of Barr common stock will be converted into $39.90 in cash and 0.6272 Teva American depositary receipts. The multi-billion dollar deal is expected to close in late 2008.

Lawyer Sanders says US EPA to use in situ chemical oxidation at NH Superfund site.

EPA will begin a full-scale clean up of the remaining contaminated soil and groundwater at the Ottati and Goss/Great Lakes Container Corp. Superfund Site in Kingston, N.H. EPA will inject a chemical oxidant into the saturated subsurface to reduce the amount of organic contaminants.

In the best of all worlds, EPA hopes work will begin in late July 2008 and be completed before the end of Sept. 2008. Currently, additional injections of the oxidant are planned for the summers of 2009 and 2010.

The 58 acre site is a former steel drum recycling and reconditioning facility operated from the late 1950s until approximately 1980. For more information go to: Clean up of Ottati and Goss site (http://www.epa.gov/region1/superfund/sites/o&g)

Lawyer Sanders says EPA has a new report on exposure to nitrogen oxides and effects on human health.

U.S. EPA has released the final “Integrated Science Assessment for Oxides of Nitrogen—Health Criteria.” This is EPA’s latest evaluation of the scientific literature on the potential adverse human health effects resulting from exposures to oxides of nitrogen, particularly nitrogen dioxide or NO2. There are significant new health data, particularly epidemiological studies, since the last scientific review document released in 1993.

Oxides of nitrogen is one of the six criteria pollutants for which EPA is required to issue air quality criteria under the Clean Air Act (CAA). EPA set a national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2), an indicator for gaseous nitrogen oxides, at an annual average of 0.053 parts per million (ppm).

Lawyer Sanders says Dow Chemical agreed to clean up dioxin contamination in Michigan.

U.S. EPA announced a settlement with Dow Chemical Co. that requires the company to clean up dioxin contamination in the Riverside Boulevard neighborhood of Saginaw, Mich. Construction work in this neighborhood on the Lower Tittabawassee River is expected to begin in late July and continue through the fall. According to EPA, data shows unacceptably high levels of dioxin contamination in yards, the unpaved Riverside Boulevard roadway and in the interior of some homes.

The settlement agreement, called an administrative order on consent, requires Dow Chemical to: excavate contaminated residential yards, then backfilling with clean soil; decontaminated the interior of homes; and cleanup unpaved surfaces on Riverside Boulevard.Dow's Midland facility is a 1,900-acre chemical manufacturing plant. Dioxins and furans are byproducts from the manufacture of chlorine-based products. Past waste disposal practices, emissions and incineration at Dow have resulted in on- and off-site dioxin and furan contamination.

Lawyer Sanders says EPA awards $379,140 grant to monitor bacteria at Texas public beaches.

U.S. EPA awarded $379,140 to the Texas General Land Office (GLO) to monitor enterococcus bacteria levels in waters along the Texas Coast. Enterococcus bacteria, which thrive in waters contaminated by storm or sewage runoff, will be monitored by GLO’s Texas Beach Watch program.

Utilizing grants appropriated by Congress in the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000, the Texas Beach Watch program will work in conjunction with EPA to monitor pathogen indicators at all high use beaches in the state. The program will also be required to notify the public in the event these pathogen indicators are in excess of EPA recommended criteria.

Important clinical infections caused by Enterococcus include urinary tract infections, bacteremia, bacterial endocarditis, diverticulitis, and meningitis.

Lawyer Sanders says EPA giving $643,112 grant to measure air toxics and organic chemicals found in city of Houston's polluted air.

U.S. EPA awarded the city of Houston, Texas $643,112 for measurement and analysis of volatile organic compound (VOC) air toxics emissions in the Houston Ship Channel area using DIAL (Differential Absorption LIDAR (Light Detection and Ranging)) technology. Houston’s sampling efforts are expected to take place from January to April 2009, with a final project report expected in June 2009.

This technology uses laser light in conjunction with the unique chemical properties of ambient air pollutants to identify and quantify specific VOC concentrations through large air masses with a working range of over one kilometer. DIAL can identify and measure multiple air contaminants in a single air sample event. Scientists will need everything they can get to deal with Houston’s polluted air.

EPA previously awarded a $500,000 grant to Houston for a mobile ambient air monitoring laboratory to measure air toxics.

Lawyer Sanders says EPA settled Clean Air Act violations with city incinerator

U.S. EPA settled Clean Air Act violations with Perham Resource Recovery Facility, a municipal waste combustor in Perham, Minn. The settlement includes a $15,950 penalty and an $110,760 environmental project. The facility's environmental project consists of two improvements to its air pollution control system that will reduce Perham’s emissions of hydrogen chloride and mercury.

The settlement resolves U.S. EPA allegations that Perham exceeded federal Clean Air Act emission standards for hydrogen chloride and mercury. EPA discovered the violations through performance test reports submitted by the facility.

Lawyer Sanders says EPA settled HAP violations with Hercules, Inc. for $22,500.

U.S. EPA reached a settlement with Hercules Inc. on alleged clean-air violations at the company's chemical plant at 5228 N. Hopkins St., Milwaukee, Wis. The agreement, which includes a $22,500 penalty, resolves EPA’s charges that Hercules failed to control leaks of hazardous air pollutants from its equipment.

EPA said Hercules had an uncapped open-ended line, had delayed repair of another line, and had not tagged relevant equipment. According to EPA, the company has now complied with these requirements and improved its leak-management system.

Big money from oil and gas pouring into political lobbying during Bush Administration's term.

Everyone is aware that the price of gasoline has risen sharply over the last 4 years during the Bush Administration. The oil and gas industry has spent a boat load of money on lobbying politicians over that same time period. The result is $4 per gallon of gasoline and no consensus on energy in America other than continued reliance on foreign oil. Indeed, rather than the Bush Administration or Congress, Texas oil man T. Boone Pickens is now leading the charge on alternative energy in America.

To no surprise to anyone, along with increased prices at the pump, the money spent on lobbying by the oil and gas industry has also risen sharply since 2004. As the old saying goes, money buys access and influence. The oil and gas industry has handed out more than $182 million in financial contributions to political candidates and parties since the 1990 election cycle. About 75 percent of which has gone to Republican candidates. For example, Kentucky Senator Mitch McConnell received almost $200,000 during 2008 from the oil and gas industry according to http://www.opensecrets.org/.

Lawyer Sanders says EPA begins to collect orphan containers of hazardous waste in 19 flooded Illinois counties.

U.S. EPA has begun to assess 19 flood-impacted Illinois counties. Federal Emergency Management Agency and the state of Illinois provided $200,000 to conduct the work. EPA's field operations include assessment, cleanup and disposal of hazardous materials and oil releases, including orphan containers. The 19 counties: Adams, Edgar, Calhoun, Clark, Coles, Crawford, Cumberland, Douglas, Hancock, Henderson, Jasper, Jersey, Lake, Lawrence, Mercer, Pike, Rock Island, Whiteside and Winnebago.

Illinois residents who observe releases of oil, gasoline or chemicals, or any stray barrels, waste containers, cylinders and pressure vessels should call the Illinois Emergency Management Agency's toll-free 24-hour phone line: 800-782-7860. More information about Midwest flood response and recovery is available at: http://www.usa.gov/flooding.shtml.

Lawyer Sanders says EPA Administrator to explain Bush Administration's take on global warming by phone call.

WHO: Stephen L. Johnson, Administrator, U.S. EPA

WHAT: Press teleconference to discuss the release of greenhouse gas document for public comment

WHEN: Friday, July 11, 2008, 1:30 p.m. EDT

CALL IN: Reporters should begin calling in at 1:15 p.m. EDT. The call-in number is: (866) 505-1518, use Conference ID# 55763578

Lawyer Sanders says natural gas and electric rates to increase this winter for many Kentuckians.

E.ON U.S., headquartered in Louisville, Kentucky, U.S.A., announced that Louisville Gas & Electric (LG&E) and its sister company, Kentucky Utilities (KU), want to raise the cost of natural gas and electricity service to their customers by filing applications with the Kentucky Public Service Commission. LG&E and KU are Kentucky's largest public utilities.

The two companies want to raise electricity costs by about 2 percent. If the increases are approved by the Kentucky Public Service Commission, new rates could take effect as early as February, 2009.
LG&E also plans to ask for a 6 percent increase for the cost of natural gas. KU does not sell natural gas. The formal rate hike request will go to the Public Service Commission on July 29, 2008.

LG&E and KU argue that the increases are needed to cover $3 billion incurred in construction of additional generation, environmental upgrades, and infrastructure improvements to ensure safe and reliable utility services for their customers.

Lawyer Sanders says to recycle your old cell phone when you buy a new one!

Nokia released a world-wide survey that found that about 3% of people recycle their mobile phones despite the fact that most have old devices lying around at home that they no longer want. Three out of every four people added that they don't even think about recycling their devices and nearly half were unaware that it is even possible to do so. Nokia’s survey is based on interviews with 6,500 people in 13 countries including Finland, Germany, Italy, Russia, Sweden, UK, United Arab Emirates, USA, Nigeria, India, China, Indonesia and Brazil. Nokia conducted the survey to learn more about consumers' attitudes and behaviors towards recycling. Nokia hopes this information will help its take-back programs and efforts to increase recycling rates of unused mobile devices.

The survey found that people on average have each owned around five phones. Still, only 3% of those responding to the survey said they had recycled an old phone. Interestingly, only about 4% of the old devices are thrown away into landfills. According to Nokia, 44% of all old phones are kept at homes, but never used. Some individuals are giving their mobiles another life in different ways, one quarter are passing on their old phones to friends or family, and 16% of people are selling their used devices particularly in emerging markets.

Around the world, Nokia found that 74% of consumers just don't think about recycling their phones even through about the same percentage think recycling makes a difference to the environment. Nokia said that its survey found that one of the main reasons why so few people recycle their mobile phones is because they simply don't know that it is possible to do so.
Many people interviewed for the survey, even if they were aware that a device could be recycled, did not know how to go about doing this. Two thirds said they did not know how to recycle an unwanted device and 71% were unaware of where to do this.

Responding to the survey findings Nokia is developing a series of campaigns and activities to give people more information on why, how and where to recycle their old and unwanted devices, chargers and mobile accessories. The company is also expanding its global take-back program by adding many more collection bins and promoting these in store to raise greater awareness.

Nokia currently has collection points for unwanted mobile devices in 85 countries around the world, the largest voluntary scheme in the mobile industry. People can drop off their old devices at Nokia stores and almost 5,000 Nokia Care Centers. To find their nearest take back point people can visit www.nokia.com/werecycle.

Lawyer Sanders says Idaho DOT to pay another $325,000 in penalties for storm water violations during road construction.

The Idaho Department of Transportation (IDOT) must pay $325,000 in stipulated penalties for numerous violations of a Clean Water Act (CWA) Consent Decree. A 2006 Consent Decree between IDOT and EPA resolved CWA violations by IDOT and its contractor from 2001 to 2003, committed during work on Highway 95 in northern Idaho.

In that action, EPA fined IDOT and its contractor $895,000 for storm water violations, illegal discharges to a local watershed and other violations of EPA's national Construction General Permit. Apparently, some folks just do not get it. The 2006 Consent Decree required IDOT to submit an annual report to EPA detailing its compliance with the settlement.

In its first annual report submitted in 2007, ITD disclosed a large number of violations from 2006. On July 5, 2008 U.S. EPA announced it will collect $325,000 in stipulated civil penalties from IDOT. It clearly you wonder what is going on in Idaho.

Lawyer Sanders says, Boston Harbor is now a "No Discharge" area for boaters.

U.S. EPA is designating Boston Harbor as a “No Discharge” area. This status means that discharges of treated and untreated boat sewage are prohibited within these Massachusetts state waters, including the Towns and Cities of Boston, Braintree, Cambridge, Chelsea, Everett, Hingham, Hull, Milton, Newton, Quincy, Watertown, Weymouth, and Winthrop.

To qualify for a “No Discharge” designation, the Boston had to show there are enough “pump-out” facilities where boaters can get their sewage holding tanks pumped out. Boston Harbor has an estimated 8,720 boats, of which only 4,047 are large enough to have a head or toilet on board. The area has 35 pump-out facilities available to the boating community. In addition, there are four pending pump-out facilities which should be operational later this boating season.

U.S. EPA fines Sunoco $200,000 for alleged Clean Air Act violations.

U.S. EPA and Sunoco, Inc. agreed to a $200,000 settlement for past clean air violations at Sunoco's chemical manufacturing facility in Philadelphia. This facility is located at Margaret and Bermuda streets in Philadelphia.

U.S. EPA alleged that its inspections in 2003 and subsequent document reviews identified multiple violations of Sunoco’s Clean Air Act permit and national emission standards for hazardous air pollutants, including regulations of benzene waste and hazardous organic compounds. EPA alleged that Sunoco’s violations included failing to 1) meet emission limits, 2) calculate and report emissions correctly, 3) operate certain units in accordance with its permit, 4) implement new requirements for specific vents, 5) keep proper records and 6) timely recalculate and report the facility’s total annual benzene quantity.

In addition to the fine, Sunoco agreed to conduct performance tests on specified pieces of equipment to ensure compliance with Clean Air Act regulations. In return, Sunoco neither admitted nor denied liability for the alleged environmental violations.

Lawyer Sanders says Dow paid a premium plus price for Rohm and Haas acquisition.

Dow Chemical Co. will buy rival chemicals maker Rohm and Haas Co. for more than $15 billion. The $78 per-share deal is a 74 percent premium to Philadelphia-based Rohm and Haas’s closing share price of $44.83 on July 9, 2008. Rohm and Haas shares soared more than 65 percent, or $29.47, to $74.25 in premarket trading.
The acquisition is part of an effort by Dow to move into the specialty chemicals market, which may provide Dow with a buffer against ups and downs in basic chemical sales. The deal has been approved by both companies’ boards. It is pending approval by Rohm and Haas shareholders and regulatory approvals.

Dow’s acquisition of Rohm and Haas will make Dow the one of the world’s leading specialty chemicals and advanced materials company. Last December, Dow announced a joint venture with Petrochemical Industries Company of the State of Kuwait (PIC). With the collective impact of these two deals, performance products and advanced materials will represent 69 percent of Dow’s total sales, on a 2007 pro forma basis, compared with 51 percent prior to these transactions.

Financing for the acquisition includes an equity investment by Berkshire Hathaway and the Kuwait Investment Authority in the form of convertible preferred securities for $3 billion and $1 billion respectively. Citi, Merrill Lynch and Morgan Stanley acted as financial advisors on the transaction.

Lawyer Sanders says EPA finesSuperfuel $55K for leaking USTs.

U.S. Environmental Protection Agency and the U.S. Attorney’s Office in Phoenix recently fined the former owners and operators of four underground storage tanks at the former SuperFuels gasoline service station in Tuba City, Ariz., for federal underground storage tank violations. Alleged former owner/operators John B. Knight, Jr., National Petroleum Marketing, Inc., Sunwest Express, Inc. and Navajo Trails, Inc., and alleged former operator Robert D. Brown operated four underground storage tanks containing diesel and unleaded gasoline at station located at the intersection of Highways 160 and 264 in Tuba City on the Navajo Nation, adjacent to the Hopi Tribe.

In the past, more than 13,000 gallons of gasoline leaked into the soil and groundwater from old underground storage tanks at the facility and from another gasoline service station on the northern corner of the same intersection. The old leaking tanks were removed and replaced with new tanks, and cleanup systems were installed to address the soil and groundwater To submit comments on this settlement, visit: http://www.epa.gov/fedrgstr/EPA-WASTE/2008/July/Day-07/f15220.htm

U.S. EPA to coordinate hazard material recovery in flooded Iowa.

Recent flooding may have scattered tanks, drums, cylinders and barrels onto private properties and farmland throughout flooded areas in Iowa. These items may contain hazardous materials such as propane and industrial chemicals and should only be handled by trained professionals.The U.S. Environmental Protection Agency has been tasked by the Federal Emergency Management Agency to coordinate hazardous material recovery throughout Iowa. EPA is working closely with the Iowa Department of Natural Resources to identify and retrieve orphan containers that were swept away by flood waters in Iowa.

Kentucky Lake is the western crown jewel of Commonwealth of Kentucky.

Kentucky Lake is the largest manmade lake in the eastern United States. The 8,422 foot long dam backs up the Tennessee River for 184 miles and creates a lake that stretches south across the western tip of Kentucky and nearly the entire width of Tennessee. At maximum normal operating level, Kentucky Lake covers 160,300 acres. Kentucky Dam is the Tennessee Valley Authority’s (“TVA”) longest dam.

TVA started construction on Kentucky Dam July 1, 1938. 5,000 workers took 6 years to complete the dam. TVA began filling the reservoir on August 30, 1944. The project cost about $118 million.

Located along Kentucky Lake’s nearly 2,400 miles of beautiful shoreline are many boat docks and resorts, 4 state parks, the Tennessee National Wildlife refuge, 48 public access areas, 2 county parks, 5 municipal parks, 2 state wildlife management areas, 10 group camps and clubs, 92 commercial recreation areas, and 3 small wildlife areas.

Jeffrey M. Sanders PLLC, 20 N. Grand Avenue, Fort Thomas, KY 41075

We are a boutique environmental litigation law firm located in Fort Thomas, Kentucky. Our experience and longevity have brought us a good deal of wisdom and insight to the practice of law. We use a team approach to practicing law that maximizes our talents and resources so we can aggressively advocate our clients’ strategic goals and objectives. Our many years of hands-on experience in handling highly complex environmental matters set us apart from other law firms. We focus our efforts on matters involving environmental law, toxic tort, and natural resource law. We represent clients in hotly contested environmental cases throughout the Commonwealth of Kentucky. Our experience, talent, and extensive knowledge of environmental laws help our clients successfully resolve disputes ranging from judicial challenges of regulatory decisions, to enforcement proceedings brought by federal or state agencies, to litigation involving citizen suits filed under the Clean Air Act. We have appeared in many federal and state courts and administrative forums on behalf of our clients.

We provide our clients with highly competent professional services in matters related to environmental law for far less than what similarly experienced attorneys from larger law firms charge for their services. Our clients will not see bills for work performed by associates hired in other practice sections that don’t have other work to do. We do not pad our bill for professional services with unnecessary legal research projects and memos, so that associates meet a billable hour quota each month. We don’t have a large firm art collection hanging in a marble walled waiting room. Instead, we focus on achieving our clients’ goals by employing a team approach with highly skilled individuals in key positions designed to solve legal problems and move cases to trial in a time and cost efficient manner. That approach towards the legal profession is what sets us apart from our peers.

Sanders says it is time to implement coal gasification in Kentucky to replace imported oil.

Did you know that the University of Kentucky’s Center for Applied Energy Research prepared a July 2007 report on coal gasification? The report looks at using Kentucky coal in Kentucky plants to replace imported oil products. According to the report, the point at which coal gasification became economically viable was oil reaching $60 per barrel. Today, oil is over $140 per barrel and rising, so the economics for such one or more coal gasification plants are present. See the report at http://www.energy.ky.gov/NR/rdonlyres/7D2F37F4-6A79-4A9B-9B07-EE3DDCAB3A0B/0/HB299ReportCTLSNGTechnologiesFinishedWorkProduct.pdf

Sanders says to upgrade incondescent light bults to energy efficient CFLs.

According to the U.S Government, if every American home replaced just one light bulb with an ENERGY STAR qualified bulb, our country would save enough energy to light more than 3 million homes for a year, more than $600 million in annual energy costs, and prevent greenhouse gases equivalent to the emissions of more than 800,000 cars.

Compact Fluorescent Light Bulbs (CFLs) may be the best known replacement bulb for incandescent light bulbs. ENERGY STAR CFLs use about 75 percent less energy than standard incandescent bulbs and last up to 10 times longer. CFLs save about $30 or more in electricity costs over each bulb's lifetime. Moreover, CFLs produce about 75 percent less heat, so they're safer to operate and can cut energy costs associated with home cooling. CFLs are available in different sizes and shapes to fit in almost any fixture, for indoors and outdoors.

Did you know that a CFL perform best in open fixtures that allow airflow, such as table and floor lamps, wall sconces, pendants, and outdoor fixtures. For recessed fixtures, it is better to use a reflector CFL than a spiral CFL since the design of the reflector evenly distributes the light down to your task area.

6.0 magnitude earthquake hits Peru on July 8, 2008

The U.S. Geological Survey announced that an earthquake hit southern Peru early Tuesday, July 8th, 2008. The magnitude 6.0 earthquake was centered about 448 miles (721 kilometers) southeast of the capital, Lima, and roughly 150 miles from the border between Bolivia and Chile. The epicenter was more than 40 miles underground.

U.S. DOJ lodges CERCLA consent decree in Nepera Chemical Company Superfund Site for public comment.

The U.S. Department of Justice tendered a proposed Consent Decree in United States v. Cambrex Corporation, et al., Civil Action No. 08-5815, with the United States District Court for the Southern District of New York. The proposed Consent Decree resolves claims of the United States, on behalf of the Environmental Protection Agency (``EPA''), under the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in connection with the Nepera Chemical Company Superfund Site in the Town of Hamptonburgh, Orange County, New York (``Site''), against Cambrex Corporation; Nepera, Inc.; Warner-Lambert Company LLC; and Pfizer, Inc.

The proposed Consent Decree requires the defendants to perform the Remedial Design/Remedial Action ("RD/RA'') set forth in the Record of Decision (``ROD'') for the Site, including (a) The excavation of Site soils within former waste lagoons and placement of the soils into a biocell, using soil vapor extraction and biological degradation technologies to reach target cleanup levels; (b) backfilling of the excavated areas of the Site which are not utilized in the construction of the biocell; (c) bioremediation of the groundwater following the removal of source-area soils by the introduction of oxygenating compounds to facilitate bioremediation through enhancement of the indigenous microbial population; and (d) implementation of a long-term groundwater monitoring program to verify that the concentrations and the areal extent of the groundwater contaminants are declining.

The estimated cost of the remedy is $3,815,000. In addition, the Consent Decree requires the defendants to reimburse EPA for its past response costs in the amount of $495,000. The Consent Decree also obligates the defendants to pay the United States' future response costs with respect to the Site, and to implement institutional controls including restrictive covenants and an environmental easement to ensure non-interference with, and the continued effectiveness of, the ROD remedy. The proposed Consent Decree provides that the defendants are entitled to contribution protection as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2) for matters addressed by the settlement.

Notice of teleconference meeting of Coastal Elevations and Sea Level Rise Advisory.

U.S. EPA gave notice of a public meeting of the Coastal Elevations and Sea Level Rise Advisory Committee (CESLAC). The meeting will be held on Wednesday, July 30, 2008, from 9:30 a.m. until 3:30 p.m. The meeting will take place via a teleconference. Interested parties can access the teleconference as follows. First, dial the following toll free number: (800) 704-9804. Second, enter the following conference code: 913568#. The moderator will begin the conference call.

GM installs 12 MW solar energy system atop assembly plant in Spain.

Energy Conversion Devices, Inc. (EDC) announced that its UNI-SOLAR thin-film flexible solar laminates will power the world's largest rooftop solar power system. A 12-megawatt system is being installed on GM's assembly plant in Figueruelas, Zaragoza, Spain and will become operational in the fall of 2008.

When fully operational, the photovoltaic system will have a peak capacity of 12 megawatts, producing as much as 15 million kilowatt hours of "green" energy annually, enough to power approximately 4,500 homes. The Zaragoza facility marks the third major use of UNI-SOLAR laminates by GM. UNI-SOLAR thin-film flexible solar laminates also power GM parts warehouses in Rancho Cucamonga and Fontana, California, two of the largest rooftop solar power installations in the United States. GM partnered with Veolia Environnement, Clairvoyant Energy S.L., and the Government of Aragon to develop the Zaragoza renewable energy project. GM will lease its roof space to Clairvoyant Energy and Veolia Environnement, who will build, own and operate the rooftop solar installation.

Regular precipitation means regularly timed eruptions at Old Faithful

New research by the U.S. Geological Survey suggests that how often Old Faithful and other Yellowstone geysers erupt may depend on annual precipitation patterns. Geysers are rare hot springs that periodically erupt with bursts of steam and hot water. Old Faithful has remained faithful for at least the past 135 years, showering appreciative tourists every 50 to 90 minutes (most recently an annual average of 91 minutes).

Scientists from the USGS, Stanford University and Yellowstone National Park have discovered that changes of water supply to a geyser's underground plumbing may have a large influence on the time between eruptions. For example, geysers appear to lengthen and shorten their intervals on cycles that mimic annual dry and wet periods. For more information visit: http://www.gsajournals.org/perlserv/?request=get-abstract&doi=10.1130%2FG24723A.1

Coral Reefers convene in Fort Lauderdale to study reefs around the world.

The 11th International Coral Reef Symposium is being held at the Greater Fort Lauderdale/Broward County (Florida) Convention Center, July 7-11, 2008. Convening every four years, the International Coral Reef Symposium (ICRS) provides the latest knowledge about coral reefs worldwide. Natural scientists, resource managers and users, conservationists, economists, and educators meet together to advance coral reef science, management, and conservation. The International Society for Reef Studies (ISRS), the largest society focused on coral reefs worldwide, officially sanctions ICRS meetings.

The Symposium’s goal is better understanding of coral reef ecosystems and consequently effective conservation and management strategies. The Symposium will promote the dissemination of knowledge about reef sustainability and resilience, particularly important to many nations who depend upon coral reefs for their economy and food supply. The U.S. and South Florida venue will also provide convenient access for experts and policymakers to mutually visit and study reef systems in the Atlantic, Caribbean Sea, Gulf of Mexico, Meso-America, and Eastern Pacific. Over 2,500 attendees are expected from the U.S. and international marine science, management, and conservationist communities.

Bush Administration sets out four-point plan to less foreign oil dependence.

1. Increase access to the Outer Continental Shelf (OCS). The Bush Administration thinks that the OCS might produce about 18 billion barrels of oil. But they don’t really know because Congress has restricted access to exploring the OCS for oil since the early 1980s. According to the Bush Administration, advances in oil technology make it possible to conduct oil exploration in the OCS in a manner that is out of sight, protects coral reefs and habitats, and protects against oil spills.

2. Tap into the extraordinary potential of oil shale. Oil shale is a type of rock that can produce oil when exposed to heat or other processes. According to the Bush Administration, one major deposit – the Green River Basin of Colorado, Utah, and Wyoming – has an equivalent of about 800 billion barrels of recoverable oil or about a century's worth of oil imports.

3. Permit exploration in the Arctic National Wildlife Refuge (ANWR). According to the Bush Administration, with a drilling footprint of less than 2,000 acres – about 0.01 percent of this distant Alaskan terrain – America could produce an estimated 10.4 billion barrels of oil. This is the equivalent of roughly two decades of imported crude oil from Saudi Arabia.

4. Expand and enhance our refinery capacity. It has been 30 years since our Nation built a new refinery, and upgrades in our refining capacity are urgently needed. Refineries are the critical link between crude oil and the gasoline and diesel fuel that drivers put in their tanks. America now imports millions of barrels of fully-refined gasoline from abroad, imposing needless costs on American consumers and depriving American workers of good jobs.

Louisville is best bike friendly city in Kentucky! Where is Fort Thomas??

Before 2005, Louisville was marginal, at best, from a city bike rider’s perspective. The city had no bike lanes and a measly two shared-use paths. It did have a number of halfhearted-but-never-implemented plans for bike-friendly facilities. But all of that has thankfully changed. Mayor Jerry Abramson realized the many positive impacts that bikes could have when he visited bike-friendly Vail, Colorado. It must have been a powerful revelation.

Upon returning to the Blue Grass state, he called a citywide bike summit in February '05, and Louisville hasn't looked back since. At the summit, Mayor Abramson called upon the assistance of many local business leaders, who are also avid cyclists. The group came up with an idea that launched a new bike-friendly spirit in town: the 100-mile Louisville Loop, a biking and walking trail that will circle the entire county. Today, Bicycling Magazine has named Louisville one of the best new cities to ride a bicycle.

Click here for bicycle rides in the Louisville area: http://bicycling.allsportgps.com/Bicycling/LousivilleRides.aspx. Maybe Mayor Abramson can talk to the mayors of Covington, Newport, Ludlow, Fort Thomas, and Bellevue about how to make Northern Kentucky more bike friendly.

Concho snake off of federal endangered species list.

According to the U.S. Fish and Wildlife Service the Concho water snake (Nerodia paucimaculata) should be removed from the Federal List of Endangered and Threatened Wildlife. In so doing, the agency will remove federal protections of its designated critical habitat. The agency believes that threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act. The Concho water snake is a reptile endemic to central Texas. It was listed as threatened on September 3, 1986, due to threats of habitat modification and destruction (51 FR 31412).

West Virginia wants public comments on proposed major changes to state's surface mining program.

West Virginia is proposing some major changes to its regulatory program under the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia is submitting a proposed amendment to revise laws related to the state’s special reclamation tax, creation of alternative programs for the purpose of paying for the reclamation of forfeited sites including water treatment where required, and incremental bonding. Other changes to its regulatory program relate to public notice of permit applications, incidental boundary revisions, permit issuance findings, inspection of certain impoundments, reclamation of natural drainways subsequent to sediment pond removal, storm water runoff analysis, contemporaneous reclamation standards regarding excess spoil fills and bonding of certain types of excess spoil fills, and effluent limits and bond releases on remining operations.

In addition, most blasting provisions have been removed from the State's Surface Mining Reclamation Regulations at Title 38 CSR 2 and will now only be found in the State's Surface Mining Blasting Rule at Title 199 CSR 1. The federal government will accept written comments until 4 p.m., EDT August 7, 2008. If requested, we will hold a public hearing on August 4, 2008.

The agency will accept requests to speak until 4 p.m., EDT on July 23, 2008.
Written comments should be mailed or hand Delivered to: Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 25301. You must include the rule identifier (WV-113-FOR) with your written comments. All submissions received must include the agency Docket ID (OSM-2008-0009) for this rulemaking.

The proposed rule and any comments that are submitted may be viewed over the internet at http://www.regulations.gov. Look for Docket ID OSM-2008-0009. In addition, you may review copies of the West Virginia program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document at the addresses listed below during normal business hours, Monday through Friday, excluding holidays.

You may also receive one free copy of this amendment by contacting OSM's Charleston Field Office at: Mr. Roger W. Calhoun, Director, Charleston Field Office, Office of Surface Mining Reclamation and Enforcement, 1027 Virginia Street, East, Charleston, West Virginia 25301, Telephone: (304) 347-7158. E-mail: chfo@osmre.gov. West Virginia Department of Environmental Protection, 601 57th Street, SE., Charleston, WV 25304, Telephone: (304) 926-0490. In addition, you may review a copy of the amendment during regular business hours at the following locations: Office of Surface Mining Reclamation and Enforcement, Morgantown Area Office, 604 Cheat Road, Suite 150, Morgantown, West Virginia 26508, Telephone: (304) 291-4004 (By Appointment Only). Office of Surface Mining Reclamation and Enforcement, Beckley Area Office, 313 Harper Park Drive, Suite 3, Beckley, West Virginia 25801, Telephone: (304) 255-5265. To see all of the proposed rule changes, go to: http://www.epa.gov/fedrgstr/EPA-WATER/2008/July/Day-08/w15438.htm

EPA gives notice of proposed settlement in Wabash Technologies waste site under CERCLA.

U.S. EPA gave notice pursuant to section 122(i)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1984, as amended (``CERCLA''), of a proposed administrative agreement concerning the Wabash Environmental Technologies hazardous waste site in Terre Haute, Indiana (the ``Site''). U.S. EPA proposes to enter into this agreement under the authority of section 122(h) and 107 of CERCLA. The proposed agreement has been executed by Heidtman Steel Products, Inc.; Marathon Petroleum Company LLC; and Perma-Fix Environmental Services, Inc. (the ``Settling Parties'').

Under the proposed agreement, the Settling Parties will pay $200,000 to the Hazardous Substances Superfund to resolve U.S. EPA's claims against them for response costs incurred at the Site. EPA incurred response costs at the Site while investigating and performing response actions to mitigate potential imminent and substantial endangerments to human health or the environment caused by releases of hazardous substances at the Site.
For thirty days following the date of publication of this notice, U.S. EPA will accept written comments relating to this proposed settlement. The agency is supposed to carefully consider all comments received from the public and may decide not to enter this proposed agreement if comments disclose facts or considerations which indicate that the proposed agreement is inappropriate, improper or inadequate.
Comments on the proposed agreement must be received by EPA on or before August 7, 2008. Comments should be addressed to the Docket Clerk, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, and should refer to: In the Matter of Wabash Environmental Technologies Site, Terre Haute, Indiana, U.S. EPA Docket No. V-W-08C-903.
For more information, contact Thomas J. Krueger, U.S. Environmental Protection Agency, Office of Regional Counsel, C-14J, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 886-0562. A copy of the proposed administrative settlement agreement may be obtained in person or by mail from the EPA's Region 5 Office of Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois 60604- 3590. Additional background information relating to the settlement is available for review at the EPA's Region 5 Office of Regional Counsel.

Clemson University is a Center of Excellence for Watershed Management according to U.S. EPA.

Clemson University’s Restoration Institute was recognized today as a Center of Excellence for Watershed Management in South Carolina. This is only the third such Center of Excellence to be designated in the Southeast. Clemson signed a Memorandum of Understanding (MOU) this morning with the U.S. Environmental Protection Agency (EPA) and the S.C. Department of Health and Environmental Control (DHEC) during a ceremony at the Madren Center on the university’s campus.
One of the major projects being developed by the Center is a cyber infrastructure-based digital watershed. A system of remote sensors will provide scientists, professional environmental managers and the public with real-time information about environmental characteristics – water quality, storm-water runoff, even tree growth – from any Internet access point. The cyber infrastructure is expected to be online by October.
Clemson awarded a $1.5 million grant to the Center to develop the cyber infrastructure and four demonstration projects. These projects include real-time monitoring of 215 miles of the Savannah River watershed, a low-impact development project in Georgetown County, and two small watershed projects at Lake Issaqueena in Pickens Count and along a segment of the Saluda River Watershed in Greenville County.

EPA to extend public comment period for lead standard for NAAQS

U.S. EPA is extending the public comment period on the proposed rule ``National Ambient Air Quality Standards for Lead.'' As initially published in the Federal Register on May 20, 2008, written comments on the proposed rule were to be submitted by July 21, 2008. On July 1, 2008, EPA received a court order extending the deadline for signature of the notice of final rulemaking to October 15, 2008 and extending the public comment period on the proposed rule to August 4, 2008. The notice of proposed rulemaking was signed by the Administrator on May 1, 2008 and published in the Federal Register on May 20, 2008 (73 FR 29184). The schedule for completion of this review is governed by a judicial order in Missouri Coalition for the Environment v. EPA (No. 4:04CV00660 ERW, Sept.14, 2005). In light of the numerous complex issues discussed in the notice of proposed rulemaking, EPA and the Missouri Coalition for the Environment jointly sought an amendment of the judicial order to extend the comment period on the notice of proposed rulemaking to August 4, 2008 and to extend the deadline for signature of the notice of final rulemaking to October 15, 2008. On July 1, 2008, the court granted the joint motion, and therefore EPA is extending the comment period until August 4, 2008.

U.S. Supreme Court rules that carbon dioxide is an air pollutant.

In April 2007, the U.S. Supreme Court ruled that U.S. EPA has a right to regulate carbon dioxide as a pollutant under the Clean Air Act. The case of Massachusetts v. EPA, which may have a long lasting impact after the end of the Bush Administration, put three important questions related to global warming before the highest court in the land. The first question is whether states have a right to sue the regulatory agency over this issue -- whether they have "standing." The court answered: yes. The second was whether carbon dioxide fits the Clean Air Act definition of an air pollutant, thus giving the EPA the right to regulate it. The court said: yes. The third was whether, given that right, the EPA has to regulate it. On that final question, the Supreme Court strongly urged the regulatory agency to honor its obligations to the American people and quit avoiding the issue. The opinion recommended that the regulatory agency reconsider its refusal to address the issue. To absolutely no surprise to anyone who has watched the Supreme Court in the past 8 years, the ruling split the court 5-4, with conservative justices dissenting. The Supreme Court opinion is at: http://www.supremecourtus.gov/opinions/06pdf/05-1120.pdf.