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

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.

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

Kentucky environmental attorney Sanders says Ohio Congressman John Boehner claims that cow flatuence is one cause of global warming.

If carbon dioxide is indeed a greenhouse gas, as almost every credible climate scientist believes, U.S. Representative John Boehner from the 8th Congressional District of Ohio claims that cow flatulence is aggravating global warming in an interview with ABC News' George Stephanopoulos last Sunday.

STEPHANOPOULOS: So what is the responsible way? That's my question. What is the Republican plan to deal with carbon emissions, which every major scientific organization has said is contributing to climate change?

BOEHNER: George, the idea that carbon dioxide is a carcinogen that is harmful to our environment is almost comical. Every time we exhale, we exhale carbon dioxide. Every cow in the world, you know, when they do what they do, you've got more carbon dioxide. And so I think it's clear...

STEPHANOPOULOS: So you don't believe that greenhouse gases are a problem in creating climate change?

BOEHNER: ... we've had climate change over the last 100 years -- listen, it's clear we've had change in our climate. The question is how much does man have to do with it, and what is the proper way to deal with this? We can't do it alone as one nation. If we got India, China and other industrialized countries not working with us, all we're going to do is ship millions of American jobs overseas.

Sometimes you have to shake your head and simply wonder about the mental acumen of certain of the folks elected to public office, and those that vote for them. By the way, a cow fart produces methane gas not carbon dioxide. Methane is indeed a greenhouse gas, just like carbon dioxide.

Kentucky environmental attorney Sanders says ALA report hammers point that 60% of Americans live in urban areas with poor air quality.

The American Lung Association’s tenth annual State of the Air Report shows what’s in our air—by location— and how the air we breathe continues to threaten the lives and health of millions of Americans. The report released finds that six out of ten Americans--186.1 million people -- live in areas where air pollution levels endanger lives.

The State of the Air report, found at www.stateoftheair.org, includes a national air quality “report card” that assigns A to F grades to communities across the country. Northern Kentucky did not do well in the report. For example, Campbell County received an overall grade of “F” for air quality in the report.

The report also ranks cities and counties most affected by the three most widespread types of pollution (ozone—or smog, annual particle pollution, and 24-hour particle pollution levels) and details trends for 900 counties over the past decade.

Kentucky environmental attorney Sanders says Greater Cincinnati is 8th worst area for year round air pollution according to American Lung Assoc.

10 U.S. Cities Most Polluted by Year-Round Particle Pollution (Annual PM2.5)

1. Bakersfield, Calif.
2. Pittsburgh-New Castle, Pa.
3. Los Angeles-Long Beach-Riverside, Calif.
4. Visalia-Porterville, Calif.
5. Birmingham-Hoover-Cullman, Ala.
6. Hanford-Corcoran, Calif.
7. Fresno-Madera, Calif.
8. Cincinnati-Middletown-Wilmington, Ohio-Ky.-Ind.
9. Detroit-Warren-Flint, Mich.
10. Cleveland-Akron-Elyria, Ohio

Cities are listed in rank order of being polluted.

Kentucky environmental attorney Sanders salutes American Chemical Counsel's recycling initiative for plastic bags and wrap.

The American Chemistry Counsel announced the Full Circle Recycling Initiative to set a goal of 40 percent recycled content in all plastic bags by 2015, including at least 25 percent postconsumer recycled plastic. Industry is expected to invest nearly $50 million in their plants to overhaul current manufacturing processes to support this recycling initiative.

It is a highly grand project that will require 470 million pounds of recycled plastic for the manufacture of new plastic bags. This recycling effort will reduce greenhouse gas emissions by 463 million pounds, conserve enough energy (natural gas) to heat 200,000 homes, and reduce waste by 300 million pounds every year.

In 2007, 830 million pounds of plastic bags and wraps were recycled. That is 27% more pounds recycled than in 2005. To meet its ambitious goal, the Full Circle Recycling Initiative requires even more used plastic bags be collected and recycled in the future. Thus, the plastic manufacturers will continue to work with major grocery and retail chains to increase in-store recycling programs to allow shoppers to bring back their used plastic bags and wraps.

Kentucky environmental lawyer Sanders says U.S. EPA using authority under RCRA and CERCLA to demand detailed information from utilities on ash ponds.

U.S. EPA issued Information Request Letters to electric utilities that have surface impoundments or similar units that contain coal combustion residuals. EPA’s letters requested information to assist the agency in evaluating the structural integrity of ash ponds at coal-fired utility plants.

EPA will work with other federal and state agencies to identify those ash ponds or similar waste storage units that are unstable and need priority attention.

The letters and other documents can be found at:http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/coalashletter.htm

Kentucky environmental attorney Sanders says U.S. EPA proproses new air emission rules for cement kilns.

EPA is proposing to significantly reduce mercury emissions from Portland cement kilns, the fourth-largest source of mercury air emissions in the U.S. The proposal would set the nation's first limits on mercury emissions from existing Portland cement kilns and would strengthen the limits for new kilns.

The proposed standards also would set emission limits for total hydrocarbons, particulate matter, and sulfur dioxide from cement kilns of all sizes, and would reduce hydrochloric acid emissions from kilns that are large emitters.

The majority of the toxic emissions at cement kilns come from the burning of fuels and heating of raw materials. When fully implemented in 2013, EPA estimates that this rule would reduce annual emissions by at least:

. Mercury - 11,600 pounds, a reduction of 81 percent

. Total hydrocarbons - 11,700 tons, or 75 percent

. Particulate matter - 10,500 tons, or 96 percent

. Hydrochloric acid - 2,800 tons, or 94 percent

. Sulfur dioxide - 160,000 tons, or 90 percent

EPA will take public comments on the proposal for 60 days after publication in the Federal Register. EPA will hold a public hearing on the proposal if one is requested. Hearing requests must be received within 15 days of publication in the Federal Register. For more information on the proposed standards, go to: http://www.epa.gov/ttn/oarpg/t3pfpr.html

Kentucky environmental attorney Sanders says keep an eye on East Kentucky Power Cooperative and Kentucky PSC, something is up!

East Kentucky Power Cooperative (“EKPC”) is a generating and transmission cooperative utility with 16 member distribution co-ops, serving customers in 87 Kentucky counties, which plans to build and operate a new 287-megawatt coal-fired power plant called Smith #1 in Clark County, Kentucky. Many are questioning the economic impact of EKPC attempting to building more coal-fired utility plants in the economic environment.

Recently, three organizations – Cumberland Chapter of the Sierra Club, Kentucky Environmental Foundation and Kentuckians For The Commonwealth – released an in depth analysis that finds that EKPC should avoid the high capital costs of a new coal fired power plant, or its already weak financial position will worsen. The full report, executive summary, and power point presentation are available at:
http://kentucky.sierraclub.org/resources/environmental_research.asp

Now, Kentucky’s Public Service Commission (www.psc.ky.gov) has issued a request for proposal for an intensive audit of the management and operations of EKPC. The request for proposal is at: http://psc.ky.gov/agencies/psc/M_audit/ekp/EKPC%20RFP%20FINAL%2003-9-09.pdf.

The Public Service Commission just approved a rate increase for EKPC customers to recover costs associated with a new plant in Maysville, Kentucky. The increase which was effective on April 1, 2009 raises residential electric rates 6% and the average residential bill will increase about $6.75 per month.

We will be watching these developments very closely in the coming months. The PSC's experience with a similiar financial situation invloving Big Rivers Utilities occurred in the 1990s. Big Rivers eventually declared bankruptcy and wound up leasing their power plants to LG&E on a long term contract.

Kentucky environmental attorney Sanders says Owensboro International Bar-B-Q Festival is May 8-9.

Every second weekend in May, Owensboro springs to life with the wonderful smells and sounds of the International Bar-B-Q Festival. Smoke from hickory-stoked fires blends with the aromas of sizzling chicken, bubbling burgoo and roasting mutton to complete the festival atmosphere. This year, the 31st Annual Owensboro International Bar-B-Q Festival will be held on May 8 and 9, 2009 in downtown Owensboro, Kentucky.

The food feast festival features large portions of barbecued mutton, chicken, pork and beef prepared over top smoldering hickory wood. The Owensboro Bar-B-Q festival has a far-flung reputation for good down-home eatin’ that reflects the very best of Kentucky’s Bar-B-Q cuisine.

The Owensboro International Bar-B-Q Festival is a great time with delicious aromas filling the air in a true Kentucky down-home goodtime experience. A cooking contest pitting eight teams affiliated with Owensboro-region churches will peak with the awarding of the coveted Governor’s Cup on Saturday. Each team cooks up at least 800 chickens, 75 gallons of burgoo and gobs of mutton and pork sold by the pound. All proceeds from these sales go to area charities.

In addition to many restaurants with their own booths, the event features a classic car show, pie-eating and horseshoe-pitching contests, carnival rides and games for kids. Music ranging from country to bluegrass and blues is performed on four stages downtown.

There will be a 5K race/walk on Saturday, May 9th. There is good chance that you will see Covington City Attorney and Owensboro native Frank E. Warnock running in the 5-K race. Wave a hearty hello to Frank as he whizzes past the finish line and towards a big bowl of burgoo.

Kentucky environmental attorney Sanders says Kentucky is per capita the seventh largest emitter of greenhouse gases in the United States.

Did you know that more than 81% of the greenhouse gases emitted in the United States in 2007 were from electric generating plants according to the federal government. Indeed, per capita Kentucky was the seventh greatest emitter of greenhouse gases among the 50 states plus the District of Columbia. That ranking is due to the large number of coal-fired utility plants in Kentucky.

Kentucky environmental lawyer Sanders says EPA names Top 50 Green Power Purchasers for 2009.

Today, U.S. EPA released a list of the nation’s “Top 50 Green Power Purchasers.” The list is led by Intel Corporation, PepsiCo, Kohl’s Department Stores, Dell Inc., Whole Foods Market, The Pepsi Bottling Group, Inc., Johnson & Johnson, U.S. Air Force, Cisco Systems, Inc. and the City of Houston. For the second year in a row, Intel Corporation is the nation’s largest single purchaser of green power with purchases of more than 1.3 billion kWh of green power per year. This corresponds to CO2 emissions from the electricity use of nearly 130,000 average American homes.

Kohl’s who more than doubled their green power purchase secured a No. 3 spot on the National Top 50 list. Wal-Mart Stores, Inc., Dannon, Sony DADC and Motorola for the first time appeared on the National Top 50 list securing the No. 15, No. 33, No. 40 and No. 44 spots, respectively.

EPA’s Green Power Partnership works with more than 1,000 partner organizations to voluntarily purchase green power to reduce the environmental impacts of conventional electricity use. Overall, EPA Green Power Partners are buying more than 16 billion kWh of green power annually, equivalent to the CO2 emissions from electricity use of more than 1.5 million American homes.

The nation’s top 50 purchasers are buying more than 11 billion kilowatt-hours (kWh) of green power annually, equivalent to the carbon dioxide emissions (CO2) that would be produced from the electricity use of more than 1.1 million average American homes. Green power is generated from renewable resources such as solar, wind, geothermal, biomass, biogas, and low-impact hydropower. Green power electricity generates less pollution than conventional power and produces no net increase in greenhouse gas emissions.

Information on top 50 list of green power purchasers: http://www.epa.gov/greenpower/toplists/top50.htm

Kentucky environmental attorney Sanders says Swine Flu 2009 requires common sense, awareness and clean hands.

Swine Influenza (swine flu) is a respiratory disease of pigs caused by type A influenza viruses that causes regular outbreaks in pigs. People do not normally get swine flu, but human infections can and do happen. Swine flu viruses have been reported to spread from person-to-person, but in the past, this transmission was limited and not sustained beyond three people.

The symptoms of swine flu in people are similar to the symptoms of regular human flu and include fever, cough, sore throat, body aches, headache, chills and fatigue. Some people have reported diarrhea and vomiting associated with swine flu. In the past, severe illness (pneumonia and respiratory failure) and deaths have been reported with swine flu infection in people. Like seasonal flu, swine flu may cause a worsening of underlying chronic medical conditions.

If you get sick, antiviral drugs can make your illness milder and make you feel better faster. They may also prevent serious flu complications. For treatment, antiviral drugs work best if started soon after getting sick (within 2 days of symptoms). Here is what the government is currently recommending related to swine flu:

1. Avoid close contact with people who are sick. When you are sick, keep your distance from others to protect them from getting sick too. Persons who develop influenza-like-illness (ILI) (fever with either cough or sore throat) should be strongly encouraged to self-isolate in their home for 7 days after the onset of illness or at least 24 hours after symptoms have resolved, whichever is longer. Persons who experience ILI and wish to seek medical care should contact their health care providers to report illness (by telephone or other remote means) before seeking care at a clinic, physician’s office, or hospital. Persons who have difficulty breathing or shortness of breath or are believed to be severely ill should seek immediate medical attention.

2. If possible, stay home from work, school, and errands when you are sick. You will help prevent others from catching your illness. If you are sick, limit your contact with other people as much as possible. Do not go to work or school if ill.

3. Cover your mouth and nose with a tissue when coughing or sneezing. It may prevent those around you from getting sick. Flu viruses are spread mainly from person to person through coughing or sneezing of people with influenza. Sometimes people may become infected by touching something with flu viruses on it and then touching their mouth or nose. Put your used tissue in the waste basket. Cover your cough or sneeze if you do not have a tissue. Then, clean your hands, and do so every time you cough or sneeze.

4. If ill persons must go into the community (e.g., to seek medical care) they should wear a face mask to reduce the risk of spreading the virus in the community when they cough, sneeze, talk or breathe. If a face mask is unavailable, ill persons needing to go into the community should use a handkerchief or tissues to cover any coughing.

5. Washing your hands often will help protect you from germs. Washing your hands often will help protect you from germs. Wash with soap and water or clean them with alcohol-based hand cleaner. When you wash your hands -- with soap and warm water -- do so for 15 to 20 seconds. When soap and water are not available, alcohol-based disposable hand wipes or gel sanitizers may be used. You can find them in most supermarkets and drugstores. If using gel, rub your hands until the gel is dry. The gel doesn't need water to work; the alcohol in it kills the germs on your hands.

6. Avoid touching your eyes, nose or mouth. Germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth. Some viruses and bacteria can live 2 hours or longer on surfaces like cafeteria tables, doorknobs, and desks. Frequent hand washing will help you reduce the chance of getting contamination from these common surfaces.

7. Persons in home isolation and their household members should be given infection control instructions: including frequent hand washing with soap and water. Use alcohol-based hand gels (containing at least 60% alcohol) when soap and water are not available and hands are not visibly dirty. When the ill person is within 6 feet of others at home, the ill person should wear a face mask if one is available and the ill person is able to tolerate wearing it.

8. Practice other good health habits. Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids, and eat nutritious food.

9. Swine influenza viruses are not transmitted by food. You cannot get swine influenza from eating pork or pork products. Eating properly handled and cooked pork is safe. Cooking pork to an internal temperature of 160°F kills the swine flu virus as it does other bacteria and viruses.

10. A good cup of chicken soup cannot hurt.

Kentucky environmental lawyer Sanders says USDA will take wide-survey of organic farming in the United States.

USDA announced that it will conduct the first-ever, wide-scale survey of organic farming in the United States to find out how organic farming may be changing U.S. agricultural practices.

USDA’s survey will look at many aspects of organic farming during the 2008 calendar year - from production and marketing practices, to income and expenses. It will focus not only on operations that are currently engaged in organic production, but also on those farms making a transition to more organic agricultural practices.

The survey results will help shape USDA decisions regarding farm policy, funding allocations, availability of goods and services, community development and other key issues. In addition, the information can help farmers make informed decisions about the future of their own farming operations.

For more information about the Organic Production Survey, visit www.agcensus.usda.gov or call (800) 727-9540. Hello, Frankfort??

Kentucky environmental lawyer Sanders says PUCO adopts tough new rules to require alternative energy portfolios for public utilities operating in Ohio

On April 15th, the Public Utilities Commission of Ohio (PUCO) adopted rules that require utilities to create an alternative energy portfolio. The rules also incorporate new requirements for energy efficiency, long-term forecast and greenhouse gas reporting and carbon dioxide control planning. As a result, Ohio is one of only 29 states and the District of Columbia that has adopted an alternative energy portfolio standard and one of only 14 that has a specific provision for solar resources

Ohio’s alternative energy portfolio standard requires that by 2025, at least 25 percent of electricity sold in the state by electric distribution utilities and electric services companies must be generated from alternative energy resources. At least half of this energy must come from renewable energy resources, including wind, biomass, hydro and fuel cell, and a minimum of one-half percent must come directly from solar resources. One half of these renewable energy facilities must be located in Ohio.

The PUCO staff will annually review compliance with the most recent benchmarks and file a report of its findings with the Commission. The Commission will then provide the Ohio General Assembly with an annual update on statewide compliance with the benchmarks and suggestions for encouraging the use of alternative energy resources in a manner that considers technology, costs, job creation and economic impact.

The Public Utilities Commission of Ohio (PUCO) is the sole agency charged with regulating public utility service. Consumers with utility-related questions or concerns can call the PUCO hotline at (800) 686-PUCO (7826) and speak with a representative.

Kentucky environmental attorney Sanders says DOE ships first load of radioactive PCBs from Kentucky to Kingston, TN disposal facility under EPA permit

Perma-Fix Environmental Services, Inc. is a waste management company that provides nuclear and industrial waste management services, as well as environmental engineering and consulting services to government, industrial and commercial customers. The company is based in Atlanta, Georgia, and has six major waste treatment and processing facilities across the United States.

Perma-Fix has three major business segments: Nuclear, Industrial and Engineering. The Nuclear Services Segment provides radioactive, hazardous and mixed waste services to hospitals, research laboratories, institutions, nuclear utilities and numerous Federal agencies including the Departments of Energy and Defense. Nuclear Services operates four RCRA permitted, radioactive licensed treatment facilities, providing treatment and disposal of radioactive, hazardous and mixed wastes. It also provides on-site treatment services, analytical services, and consulting services.

U.S. EPA issued Perma-Fix a permit to commercially store and dispose of radioactive Polychlorinated Biphenyls (PCB's) at its disposal facility located in Kingston, Tennessee. The Kingston disposal facility uses a waste fuel boiler unit for the thermal destruction of radioactive and mixed (radioactive and hazardous) liquids and semi-solid wastes.

On April 22, Perma-Fix received 940 gallons of radioactive PCB liquids from the U.S. Department of Energy's (DOE) Paducah Gaseous Diffusion Plant which is located in Kevil, KY. This mixed hazardous waste from Kentucky’s Paducah Gaseous Diffusion Plant is the first shipment of radioactive PCBs under the permit issued by EPA. The company is on the web at: http://www.perma-fix.com.

Kingston, Tennessee is also the home of TVA’s billion gallon sludge pond collapse that made the news earlier this year. EPA found high levels of arsenic and heavy metals in two rivers in central Tennessee that are near the site of a spill that unleashed more than a billion gallons of coal waste. In 2003, Kingston’s estimated population was 5,327.

Kentucky environmental attorney Sanders says eastern Kentucky coal closes at $68.95 on spot market for week ending 4/17/09.

Central Appalachian coal closed at $68.95 for the week ending April 17, 2009 according to the U.S. Energy Information Administration, which is the official government source for energy information in the United States.

Kentucky environmental attorney Sanders says Arctic Sea ice is melting away due to global warming.

The Arctic Sea ice extent dropped to its second-lowest level during the melt season since satellite measurements began in 1979. Climate extremes, including devastating floods, severe and persistent droughts, snow storms, heatwaves and cold waves, were recorded in many parts of the world.

Kentucky environmental attorney Sanders says carbon dixoide levels in atmosphere are at 388.79 PPM for March 2009.

Atmospheric CO2 measurements from the Mauna Loa Observatory gives us the most current, comprehensive and objective indicator of global warming and climate change. CO2Now.org makes this information visible for people on the web.

What level of atmospheric CO2 is safe? According to leading scientists, the upper ceiling for CO2 in our atmosphere is 350 parts per million. We are currently at 388.79 PPM for March 2009.

Rising CO2 levels in the atmosphere is responsible for more global warming than the rise of all the other greenhouse gases combined. The global warming crisis cannot be cracked or solved without a focus on CO2.

Kentucky environmental attorney Sanders says 2008 was 10th hottest year on record!

The year 2008 is likely to rank as the 10th warmest year on record since the beginning of the instrumental climate records in 1850, according to data sources compiled by the World Meteorological Organization (WMO).

The global combined sea-surface and land-surface air temperature for 2008 is currently estimated at 0.56°F above the 1961-1990 annual average of 57.2°F. The global average temperature in 2008 was slightly lower than that for the previous years of the 21st century due in particular, to the moderate to strong La Niña that developed in the latter half of 2007.

Kentucky environmental lawyer Sanders says Kentucky has highest rate of frequent mental distress in the nation according to new report.

Frequent Mental Distress (“FMD”) is defined as having 14 or more days in the previous month when stress, depression and emotional problems are a problem. FMD is common in United States. However, certain geographic areas of the country have consistently high or consistently low FMD incidence, as reported in a study published in the June 2009 issue of the American Journal of Preventive Medicine.

Kentucky has the highest rate of FMD in the entire United States of America. Combining data from annual large-scale surveys in 1993-2001 and 2003-2006 by the Centers for Disease Control and Prevention, researchers found that 14.4 percent of the adult population in Kentucky suffers from FMD.

The state-based Behavioral Risk Factor Surveillance System (BRFSS) has asked questions about mental health since 1993 and collects data from random telephone surveys of adult residents across the U.S. More than 1.2 million people were surveyed in each of the two periods. FMD prevalence was determined by county, and the results were smoothed to reduce variation from random sampling due to small sample sizes in less populous counties.

So, FMD is a major problem in Kentucky and one that may not be helped or even diagnosed by current medical care providers in the Commonwealth.

Kentucky environmental attorney Sanders says U.S. EPA to regulate six greenhouse gases causing global warming and climate change.

After an exhaustive scientific review ordered in 2007 by the U.S. Supreme Court, the U.S. EPA has issued a proposed finding that greenhouse gases contribute to air pollution that may endanger public health or welfare. The proposed finding, which now moves to a public comment period, identified six greenhouse gases that pose a potential threat.

That means EPA will likely regulate the greenhouse gases that are responsible for climate change because scientific evidence shows that the changes in our atmosphere endanger public health and welfare. EPA’s proposed endangerment finding is based on rigorous, peer-reviewed scientific analysis of six gases – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

These six gases have been the subject of intensive analysis by scientists around the world. The science clearly shows that concentrations of these gases are at unprecedented levels as a result of human emissions, and these high levels are very likely the cause of the increase in average temperatures and other changes in our climate.

The scientific analysis also confirms that climate change impacts human health in several ways. Findings from a recent EPA study titled “Assessment of the Impacts of Global Change on Regional U.S. Air Quality: A Synthesis of Climate Change Impacts on Ground-Level Ozone,” for example, suggest that climate change may lead to higher concentrations of ground-level ozone, a harmful pollutant.

Additional impacts of climate change include, but are not limited to:
• increased drought;
• more heavy downpours and flooding;
• more frequent and intense heat waves and wildfires;
• greater sea level rise;
• more intense storms; and
• harm to water resources, agriculture, wildlife and ecosystems.

In addition to threatening human health, the analysis finds that climate change also has serious national security implications. Consistent with this proposed finding, 11 retired U.S. generals and admirals signed a report from the Center for Naval Analyses stating that climate change “presents significant national security challenges for the United States.” Escalating violence in destabilized regions can be incited and fomented by an increasing scarcity of resources – including water. This lack of resources, driven by climate change patterns, then drives massive migration to more stabilized regions of the world.

The proposed endangerment finding now enters the public comment period, which is the next step in the deliberative process EPA must undertake before issuing final findings. The proposed finding does not include any proposed regulations. Before taking any steps to reduce greenhouse gases under the Clean Air Act, EPA would conduct an appropriate process and consider stakeholder input.

Notwithstanding this required regulatory process, both President Obama and Administrator Jackson have repeatedly indicated their preference for comprehensive legislation to address this issue and create the framework for a clean energy economy. For more information go to: http://epa.gov/climatechange/endangerment.html

Kentucky environmental attorney Sanders says U.S. EPA to test 67 pesticide ingredients for endocrine disruption.

The final list of chemicals for initial Tier 1 Screening under the Endocrine Distruptor Screening Program includes chemicals that the Agency, in its discretion, has decided should be tested first, based upon exposure potential. The first group of 67 chemicals identified for testing includes pesticide active ingredients and High Production Volume (HPV) chemicals used as pesticide inert ingredients (also known as other ingredients). This list should not be construed as a list of known or likely endocrine disruptors. The list is at: http://www.epa.gov/scipoly/oscpendo/pubs/prioritysetting/finallist.html.

The final list was published in a Federal Register Notice in April 2009. Because this list of chemicals was selected on the basis of exposure potential only, it should not be construed or characterized as a list of known or likely endocrine disruptors.

Kentucky environmental lawyer Sanders says fix that leak as a present to yourself on Earth Day this weekend and save real money as well as our planet.

Did you know that a leaky faucet that drips at the rate of one drip per second can waste more than 3,000 gallons of water each year? What is the proper solution to this problem?

If you're unsure whether you have a leak, read your water meter before and after a two-hour period when no water is being used. If the meter does not read exactly the same, you probably have a leak. If you have a leak, you should fix that drippy faucet and save yourself some money and a precious resource! Conservation is always easier when you save money with a few simple steps.

Another item the commonly wastes clean water is a leaky or a runny toilet. A leaky toilet can waste about 200 gallons of water every day. To tell if your toilet has a leak, place a drop of food coloring in the tank; if the color shows in the bowl without flushing, you have a leak. Fix the leak and save money!

Kentucky environmental lawyer Sanders says EPA awards Kentucky $1.73 million for clean diesel burning school buses

In a move that stands to create jobs, boost local economies, reduce diesel emissions and protect human health and the environment for the people in the Commonwealth of Kentucky, the U.S. Environmental Protection Agency (EPA) has awarded $1.73 million to the Kentucky Department for Environmental Protection (DEP). The funding can be used to support clean diesel projects and loan programs to address the nation’s existing fleet of over 11 million diesel engines.

The funds provided by the American Reinvestment and Recovery Act (ARRA) of 2009 will go to the Commonwealth’s Clean Diesel Program The Kentucky DEP will use the ARRA funds to expand its Clean School Bus Grant Program, a program that provides funding for installation of verified retrofit technologies on school buses. Kentucky DEP plans to fund diesel oxidation catalysts with closed crank ventilation on 229 buses, diesel particulate filters with closed crank ventilation on 45 buses, diesel mullet-stage filters with closed crank ventilation on 50 buses, and diesel particulate filter cleaning devices on 3 buses.

Reduction of diesel particulate emissions is particularly significant for school children because a student can spend hundreds of hours per year in and around buses. Results from recent studies show that school bus retrofits can reduce “in cabin” concentrations of harmful toxics by 50% or more. This project will also reduce emissions of carbon monoxide, nitrogen oxides, hydrocarbons, and particulate matter.
In addition to helping to create and retain jobs, the clean diesel projects would reduce premature deaths, asthma attacks and other respiratory ailments, lost work days, and many other health impacts every year.

Under ARRA’s State clean diesel funding program, $88.2 million is divided equally through a noncompetitive allocation process, meaning that all 50 states and the District of Columbia will receive $1.73 million. States, local governments, non-profits and tribal agencies can also compete for a portion of $206 million under ARRA’s National Clean Diesel Campaign funding program.
For information on EPA’s implementation of the ARRA in Kentucky, visit http://www.epa.gov/recovery

Kentucky environmental attorney Sanders says EPA ordered recall of Scotts Miracle-Gro in April 2008 because of mislabeling pesticides.

Perhaps like you, I love to plant and work in a small garden at my house during the spring and summer. I normally do not use pesticides because of the potential harm to beneficial insects. Sometimes, however, a small amount of pesticides may be necessary due to an unexpected insect infestation. During those times, I rely on the labeling of such products to make that they are safe for their intended use.

So, it was a tremendous surprise when I learned that about one year ago, U.S. EPA Region 5 issued "stop sale, use or removal" orders to Scotts Miracle-Gro Co. and two affiliates, barring the distribution and sale of two more misbranded pesticides.

Labels on both products make false or misleading claims and one product lacks safety instructions as required by EPA. Products affected by these orders are "Scotts Bonus S Max Southern Weed & Feed And Fire Ant Killer," "Scotts Turf Builder Max Plus 2 Weed & Feed And Crabgrass Preventer" and related pesticide products which can be identified by EPA registration numbers 538-301 and 538-299 listed on their packages. Both products are currently registered with EPA. EPA requested and Scotts agreed to carry out a recall of these two products.

According to U.S. EPA, a pesticide is misbranded if its label makes false or misleading claims, or does not provide required warning or caution statements that protect public health and the environment. For example, first aid instructions such as "Call a poison control center or doctor for treatment advice" may be necessary.

U.S. EPA also issued stop sale, use or removal orders against Scotts Miracle-Gro Co., Scotts Lawn Service, three more Scotts Miracle-Gro affiliates and the nine major retailers Home Depot, Lowe's, Wal-Mart, Ace, Do-It-Best, True Value, Sam's Club, Meijer and K-Mart, related to two other Scotts Miracle-Gro pesticides with invalid EPA registration numbers.

Those other two products have the invalid EPA registration numbers 62355-4 and 538-304. Invalid registration number 62355-4 is marketed under names including "Garden Weed Preventer Plus Plant Food" and "Miracle-Gro Shake 'n Feed All Purpose Plant Food Plus Weed Preventer."

Invalid registration number 538-304 is used primarily by Scotts Lawn Service, a lawn care company. It is marketed under names including "Scotts Lawn Service Fertilizer with .28% Halts," "Scotts Lawn Service Fertilizer 0-0-7 Plus .28% Halts Pro," "Scotts Lawn Service Fertilizer 14-2-5 Plus .28% Halts Pro" and "Scotts Lawn Service Fertilizer 22-0-8 Plus .28% Halts Pro."

EPA and its state partner Ohio Department of Agriculture are conducting a laboratory analysis of the unregistered 62355-4 and 538-304 products. Updated information about Scott's recall effort is posted online at http://www.epa.gov/reg5rcra/ptb/news/.

Here is the information that Scotts has on its website related to the recall.

"Scotts is conducting a nationwide consumer and retail recall of the company's Miracle-Gro Shake 'n Feed Plus Weed Preventer and Scotts Bonus S MAX. Scotts is conducting a nationwide retail recall of Scotts TurfBuilder MAX. he action was initiated in connection with an investigation of the products' federal registration. The products are either not properly labeled or not registered with the U.S. EPA.

Another product, Scotts LawnService Fertilizer with .28 Halts (EPA Registration Number 538-304) has also been recalled. Prior to its recall, that product had been used only by lawn service professionals and has never been in retail distribution.

If you have any unused portion of these products, immediately discontinue use and safely store in a cool, dry, out-of-the-way location away from children and pets, such as a secure cabinet. We ask that you return these products to Scotts. Fill out the form and let us know how many of the items in question you have left. We will issue a retrieval package to you for the remaining products that you have in your possession. We will also send you a full refund for the original purchase price and a coupon good toward your next purchase of Scotts or Miracle-Gro products.

We apologize for any inconvenience this may have caused you and appreciate your help. If you have any further questions please call us at 1-888-295-0671."

I am stunned by this development and wonder how much notice was actually given to the American consumer. EPA's orders are even more shocking when one considers how trusted this company is with the American public. Wow!

Kentucky environmental attorney Sanders says Governor Beshear's 7-Point Strategy for Energy Independence in Kentucky requires renewable energy sources

Renewable energy is a term used to describe energy that is derived from resources, like the sun and the wind -- resources that are continually available to some degree or other all over the world. We never run out of them. And their use or capture does not inflict any material damage on the environment.

The most commonly known forms of renewable energy include solar energy, wind energy, hydroelectric power, biomass energy and geothermal energy. Ocean tides may also one day be a viable form of renewable energy. Renewable energy is potentially a huge business. For example, Shell Oil predicts that 50% of the world's energy will come from renewable sources by 2040.

Did you know that it is Kentucky’s goal to generate 1,000 megawatts of renewable energy by 2025? This ambitious goal is found in Governor Steve Beshear's 7-Point Strategy for Energy Independence. The Governor's plan requires wind, solar, hydropower, biomass and methane, as renewable energy sources. To reach that goal Kentucky must aggressively invest in the development of renewable energy resources.

We will continue to follow this plan, including the strategy to bring nuclear power plants to Kentucky.

Kentucky environmental attorney Sanders says celebrate Earth Day by donating blood at Hoxworth Blood Center at University of Cincinnati.

Hoxworth Blood Center at the University of Cincinnati is celebrating Earth Day on Wednesday, April 22nd and encourages all individuals to donate blood to celebrate the gift of Mother Earth. Blood donors will receive a reusable shopping bag from Hoxworth. This reuseable shopping bag can serve many purposes from hauling groceries to home or carrying school supplies. Perhaps most important, it will help save the environment by eliminating plastic bags.

Donating blood is safe and easy. You must be at least 17 years old (*16 with a signed parental consent) and in good health. You must weigh at least 110 pounds and bring identification to donate. It is recommended that donors eat a good meal and drink plenty of water within four hours before donating. Please call (513) 451-0910 or (800) 830-1091 to schedule an appointment at a neighborhood Hoxworth Center.

Kentucky environmental attorney Sanders says Earth Day in Cincinnati will be celebrated with food, fun and family activities at Sawyer Point on 4/19.

The city of Cincinnati will celebrate Earth Day on Saturday, April 19, 2008, from 12:00 noon until 7:00 p.m. at Sawyer Point, next to the mighty Ohio River. Earth Day activities will include: exhibitors with hands-on displays representing environmental groups, government agencies and businesses; a rock-climbing wall; ORSANCO's aquarium; baby animals from Farmer Frank's Sunrock Farms; Mother Earth and storytelling; an environmental puppet show; a children's fashion show with creations made with recycled material; an environmental award recognition ceremony; entertainment from local bands throughout the day and much, much more.

Bring the family out to Sawyer Point to celebrate Earth Day 2009!

Kentucky environmental attorney Sanders says Earth Day will be celebrated at Kentucky State Parks in April 2009.

The following Earth Day events will occur at Kentucky State Parks:

E.P. “Tom” Sawyer State Park, Louisville
April 22
10 a.m. to 6 p.m.
Park Gymnasium
Join park staff, environmental groups, and area businesses as we celebrate Earth Day. Throughout the day we will have hikes to the vernal pond, a dumpster dive, a live animal demonstration, a park clean-up, and a geocaching demonstration. Additionally, area businesses will be presenting on how they are becoming more "green." Call 502-429-7270 for more information.

Barren River Lake State Resort Park, Lucas
April 24-25
Nature Fest Weekend
This weekend will be filled with outdoor activities for visitors of all ages. Get your feet wet in the Intro to Canoeing session offered by Kentucky State Parks staff. Learn about Kentucky trees with the Kentucky Division of Forestry. The U.S. Army Corps of Engineers will be providing a session on water safety and giving a Tour of the Tower at the dam. The Kentucky State Nature Preserves Commission will be providing a guided hike at Brigadoon State Nature Preserve near the park. For schedule and times, contact Lisa Deavers, Parks Program Services Supervisor, at 1-800-325-0057 or lisa.deavers@ky.gov.

Rough River Dam State Resort Park, Falls of Rough
April 24-26
Earth Day Celebration and Camper's Appreciation Weekend
To celebrate Earth Day and show our camper’s we appreciate them, we are offering two nights camping for the price of one! Stay Friday night and get Saturday night free! Activities will be nature related including a scavenger hunt, fishing, archery, and more. Live entertainment and food will also be provided on Friday night. Join us at Rough River and we will get the camping season started together. For more information, please contact Sheila Jones at 1-800-325-1713 or Sheila.Jones@ky.gov

Buckhorn Lake State Resort Park, Buckhorn
April 25
Lake Cleanup Day
The park will hold its annual Lake Cleanup Day on Saturday April 25. Register at the marina at 8:30 a.m. and cleanup starts at 9 a.m. Free lunch with door prizes 11:30 a.m.to12:30 p.m. Clean up continues until 3 p.m. Gloves and bags will be provided. For further information, call Sue Thomas at 1-800-325-0058.

Carter Caves State Resort Park, Olive Hill
April 24-25
Wildflower Weekend
For Wildflower weekend the park will have several Wildflower walks and programs to show the guest the beautiful array of the Wildflowers of Carter Caves. There will also be canoe trips on Smoky Valley Lake. This is Camper Appreciation Weekend and special events are scheduled. Call 1-800-325-0059.

Cumberland Falls State Resort Park, Corbin
April 25
Family Spring Adventure
Cumberland Falls is a nature-lovers' paradise. Get the family out this spring with these adventurous activities: Canoeing, archery, bird walks, wildflower walks, fire tower tours, astronomy, wildlife programs, and hikes to other waterfalls and arches. Some activities are limited and offered on a first-come, first-served basis. Call 1-800-325-0063.

Greenbo Lake State Resort Park, Greenup
April 25
Earth Day Fern Valley Hike
The Fern Valley Trial is a 1 mile loop trail that begins at the lodge parking lot. The trail follows a hillside path and winds through a valley. Hikers will often see a variety of vegetation as well as deer, squirrel and many different songbirds on the trail. The trail is fairly easy walking and takes about 1 hour. Meet at the Fern Valley Trail head at the end of the parking lot. Hike will leave at 11:30 a.m. Call 1-800-325-0083.

Kentucky Dam Village State Resort Park, Gilbertsville
April 25
Earth Day Celebration-Native American Heritage Day / 36th Annual Buffalo Dinner
Enjoy a weekend filled with opportunities to learn about the Native American culture through demonstrations of storytelling, hands-on pottery, bow making, basket weaving and displays from Wickliffe Mounds. The activities will be available from noon until 6 p.m. Our Buffalo Dinner will also be April 25 and will be served from noon until 8 p.m. Call 1-800-325-0146 for information.

Lake Barkley State Resort Park, Cadiz
April 18-25
Earth Week
For a third year, Lake Barkley is again celebrating Earth Week with an entire week full of nature hikes, bluebirds in the backyard, community tree planting, Park and regional history, Rachel Carson and her “sense of wonder,” "green" cleaning/lifestyle, local foods and farms, live animal presentations, trail and shoreline cleanup, a rain barrel workshop, and more! Experience, learn and enjoy during Barkley's Earth Week festivities! Call 1-800-325-1708.

Lake Cumberland State Resort Park, Jamestown
April 24-26
Fourth Annual Geocache Weekend
Celebrate Earth Day Weekend at Lake Cumberland State Resort Park during our annual Geocache Weekend. This event is designed for the beginning cachers to the experienced veterans. Please bring your own GPS. The weekend will include an instructional presentation, 2 days of cache hunts of various levels of difficulty and prizes for first to find. $20 per couple (additional children $10), $10 per individual. For registration and information contact Robert Myers at 1-800-325-1709.

Natural Bridge State Resort Park, Slade
April 17-19
Wildflower Weekend
The beautiful area around Natural Bridge is home to hundreds of native plant species; enjoy them this weekend with other botanists, gardeners, and nature lovers. Our field trips are for all levels of participation, from beginner to advanced wildflower enthusiasts and from short, easy walks to longer hikes at Natural Bridge State Resort Park and the Red River Gorge National Geologic Area! Evening speakers will focus on the native plants in the region. The on-site registration fee is $10/adult, $3/ages 13-17, and free for children 12 and under. For more information, contact park naturalist Brian Gasdorf at brian.gasdorf@ky.gov or call 1-800-325-1710, ext 2104.

Kentucky environmental attorney Sanders asks, "Do you know who is running our great country?" If not, check out this website!

Did you know that the website “WhoRunsGov.com” offers biographies of the key players in the new presidential administration and offers a quick look into the new Obama administration. Try it out and find out who is running our great country.

Kentucky environmental lawyer Sanders says NKU to celebrate Earth Day on April 16, 2009 with food, music, and special guests.

Northern Kentucky University will celebrate Earth Day on April 16 from 10 a.m. to 3 p.m. on the Student Union plaza of the Highland Heights campus. More than 20 green-minded organizations and vendors will be on hand, including the Environmentally Concerned Organization of Students, the Presidents Climate Commitment Task Force, Students for Change, Center for Environmental Education, Center for Applied Ecology, Tri-Beta and Biota. Activities will include food and raffles.

NKU mascot Victor E. Viking will also be in attendance. The NKU Jazz Quartet is scheduled to play at noon at the Oakley and Eva G. Farris Amphitheater.

Kentucky environmental attorney Sanders says Invista agrees to $1.7 million fine for 680 violations of federal and state environmental regulations.

Invista will pay a $1.7 million civil penalty and spend up to an estimated $500 million to correct self-reported environmental violations discovered at facilities in seven states. The company disclosed more than 680 violations of water, air, hazardous waste, emergency planning and preparedness, and pesticide regulations to EPA after auditing 12 facilities it acquired from DuPont in 2004.

Invista is one of the world’s largest integrated producers of polymers and fibers, primarily for nylon, spandex and polyester applications. The company delivers exceptional value for customers through market insight, innovative products, and a powerful portfolio of some of the most recognized trademarks in industries in which it operates. As a subsidiary of privately owned Koch Industries, Inc., Invista operates in more than 20 countries across North America, South America, Europe, and the Asia-Pacific region. Invista is a multi-national manufacturer of a wide range of polymer-based fibers, including Lycra, Stainmaster, and Coolmax.

The settlement resolves violations disclosed under Invista’s corporate audit agreement with EPA. Invista conducted 45 separate audits of environmental practices and compliance at facilities located in Seaford, Del.; Athens, Calhoun, and Dalton, Ga.; Kinston, N.C.; Camden, S.C.; Chattanooga, Tenn.; LaPorte, Orange, and Victoria, Texas; and Martinsville and Waynesboro, Va.

This is the largest settlement under EPA’s audit policy, which was launched in 1995. The policy provides incentives to companies that voluntarily discover, promptly disclose, and expeditiously correct environmental violations. The companies must also take steps to prevent future violations. EPA may reduce or waive penalties for certain violations if the facility meets the conditions of the policy. Consistent with the audit policy, EPA waived a large portion of the penalty in this case.

EPA’s experience with Invista guided the development of a national interim audit policy for new owners—announced in August 2008—designed to encourage other new owners to make a “clean start” at their recently acquired facilities.

The states of Delaware and South Carolina, and the Chattanooga-Hamilton County Air Pollution Control Board in Tennessee have also joined in today’s consent decree and will share portions of the civil penalty with EPA. The consent decree, lodged in the U.S. District Court for the District of Delaware, is subject to a 30-day public comment period and approval by the federal court. For more information on the settlement, go to the following link: http://www.epa.gov/compliance/resources/cases/civil/mm/invista.html

Kentucky environmental attorney Sanders says EPA is raining money on Kentucky Infrastructure Authority for wastewater treatment projects.

U.S. Environmental Protection Agency has awarded $49,878,100 to the Kentucky Infrastructure Authority. This new 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.

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.

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

Information on the Clean Water State Revolving Fund program, visit http://www.epa.gov/owm/cwfinance/cwsrf

Kentucky environmental lawyer says U.S. District Court enjoins USACE from using nationwide permits for filling in streams with mining waste.

On behalf of the Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the Natural Resources Defense Council, Public Justice challenged the Corps' conclusion that the nationwide permit would only have cumulatively minimal environmental impacts. The Corps claimed that, even though coal companies have used this permit to fill hundreds of miles of streams with mining waste, it could mitigate these stream losses to zero by creating new streams elsewhere.

On March 31, U.S. District Judge Joseph R. Goodwin issued an injunction that blocked the U.S. Army Corps of Engineers from authorizing new valley fills through its "nationwide permit" procedure. The court's decision was the second time it has invalidated this nationwide permit. The first decision in 2003 was overturned on appeal on a different issue and remanded for reconsideration. Because of that first ruling, the coal industry has been more frequently using individual permits than the streamlined procedure.

Individual permits require much more detailed regulatory analysis. Several of those individual permits were successfully challenged in a different case, which was also overturned on appeal in February 2009. Because of that case, the Corps has over 200 backlogged individual permit applications that would fill over 200 miles of headwater streams. The U.S. EPA recently signaled in two letters to the Corps that it would be scrutinizing those individual permit applications more closely.

To read the decision in Ohio Valley Environmental Coalition v. Hurst, the link is here: http://www.publicjustice.net/briefs/OVECvHurstdecision_033109.pdf.

Kentucky environmental attorney says U.S. EPA files complaint and consent decree against Independence Mo to stop raw sewage discharge into river.

The federal government announced that the city of Independence, Mo., has agreed to make major improvements to its sanitary sewer system, at an estimated cost of more than $35 million, to eliminate unauthorized overflows of untreated raw sewage into the Missouri River each year.

Under the terms of the consent decree, lodged in Kansas City, Mo., Independence will also pay a civil penalty of $255,000 and will spend an additional $450,000 on supplemental environmental projects designed to enhance Missouri River watershed by improving storm water detention basins and stabilizing stream banks.

Independence will also be required to perform a comprehensive assessment of the sanitary sewer system, upgrade pump stations, and improve the sewer collection system and wastewater treatment plant. The improvements to the city’s sanitary sewer system will provide major public health and environmental benefits.

A civil complaint filed concurrently with a consent decree, alleges that Independence had numerous illegal discharges of untreated wastewater containing raw sewage from its sanitary sewer system. The sanitary sewer system transports the city’s sewage to a wastewater treatment plant, which serves approximately 55,000 residential and 3,500 commercial sanitary sewer customers, for treatment prior to discharging it into local rivers and streams.

Based on inspections, responses to information requests and the city’s regular reporting activity, EPA was able to document numerous violations of the Clean Water Act, including 430 sanitary sewer overflows resulting in the discharge of millions of gallons of untreated sewage into the Missouri River since October 2000.

The consent decree was lodged in the U.S. District Court for the Western District of Missouri and is subject to a 30-day public comment period and subsequent 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.

Kentucky environmental attorney Sanders says U.S. DOJ drops all charges against former Alaskan Senator Ted Stevens.

Today, the U.S. Department of Justice dropped all criminal charges against former Alaskan Senator Ted Stevens because of prosecutorial misconduct. Here is the statement from Eric Holder, U.S. Attorney General on the agency’s decision:

"In connection with the post-trial litigation in United States v. Theodore F. Stevens, the Department of Justice has conducted a review of the case, including an examination of the extent of the disclosures provided to the defendant. After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial."

"The Department’s Office of Professional Responsibility will conduct a thorough review of the prosecution of this matter. This does not mean or imply that any determination has been made about the conduct of those attorneys who handled the investigation and trial of this case."

"The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice. Under oftentimes trying conditions, the attorneys who serve in this Department live up to those principles on a daily basis. I am proud of them and of the work they do for the American people."

Kentucky environmental lawyer Sanders says diacetyl smells like butter but it may be deadly to workers exposed to high levels in workplace.

Diacetyl is a butter-flavoring chemical used in manufacturing many food items, including microwave popcorn. Diacetyl (also called butanedione or 2,3-butanedione, molecular formula C4H6O2) is a natural byproduct of fermentation and is also synthesized by chemical manufacturers.

Diacetyl gives butter and certain food flavorings a distinctive buttery flavor and aroma. Food flavorings containing diacetyl are used in microwave popcorn and other snack foods, pet foods, candies, baked goods, and other food products. Some food industry experts estimate that around 6,000 food products contain diacetyl as a flavoring agent.

Workers in facilities that use or produce food flavorings may breathe vapors, dusts, or mists containing diacetyl. If exposed to high levels of diacetyl, workers are at risk of developing bronchiolitis obliterans, a serious and irreversible lung disease that can lead to lung transplants and death. If exposed at lower levels of diacetyl , symptoms include irritation of the eye, mucous membrane, respiratory system, skin irritation; persistent cough, phlegm production, wheezing, dyspnea (shortness of breath); unusual fatigue; episodes of mild fever or generalized aches; severe skin rashes.

What is the government doing to protect workers exposed to high levels of diacetyl in the workplace? Well, apparently that is subject to debate at the moment. On September 25, 2007, OSHA announced its intent to initiate rulemaking to address concerns regarding diacetyl exposure in the workplace pursuant to Section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651, 655).

OSHA hosted a stakeholder meeting on October 17, 2007, as part of its process to gather information for putting together work place safety standards for diacetyl. The meeting addressed not only specific OSHA information requests, but also identified stakeholder concerns associated with developing a standard addressing occupational exposure to diacetyl and food flavorings containing diacetyl.

The Advance Notice of Proposed Rulemaking (“ANPRM”) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl, published January 21, 2009 (74 FR 3938), is withdrawn, effective March 17, 2009.

OSHA also announced its intent to convene a Small Business Advocacy Review (SBAR) Panel, pursuant to the SBREFA, in the Department of Labor's Semiannual Regulatory Agenda (73 FR 71396, 71399, 11/24/2008). Under federal law, prior to publication of any proposed safety rule that has a significant
economic impact on a substantial number of small entities, OSHA must convene a SBAR Panel to determine the impacts of such a rule on small businesses and the ways those impacts can be reduced, consistent with the Agency's statutory requirements to protect worker safety.

On January 21, 2009, OSHA published an ANPRM (74 Federal Register 3938). The ANPRM requested information and comment from affected companies on issues related to occupational exposure to diacetyl and food flavorings containing diacetyl, including current employee exposures; the relationship between exposure and the development of adverse health effects; methods to evaluate, monitor, and control exposure; and related topics.

Apparently something was not quite right. Thus, OSHA has decided to withdraw the ANPRM in order to promptly convene a SBAR panel. We will continue to watch the federal agency deal with this important worker safety issue in the coming months.

Kentucky environmental lawyer Sanders says House Bill picks up major parts of Pickens Plans to use natural gas to fill America's transportation needs.

According to T. Boone Pickens, three Members of the U.S. House of Representatives introduced a bill which will go a long way toward reducing our dependence on foreign oil. Congressmen Dan Boren (D-OK), John Larson (D-CT) and John Sullivan (R-OK) have introduced legislation called the New Alternative Transportation to Give Americans Solutions Act of 2009.

The House Bill extends the tax credit for natural gas used as a transportation fuel. It provides a tax credit for 80 percent of the additional cost when purchasing a dedicated natural gas vehicle. It creates incentives for the major manufacturers to sell natural gas vehicles, which they already produce for overseas markets, in the United States.

The House Bill requires that 50 percent of the vehicles the federal government buys over the next five years to run on natural gas. In 2007, the federal government bought 65,000 gasoline, diesel and E-85 vehicles. In that same year the federal government bought 129 natural gas vehicles.

Over the next five years, the federal government will purchase about 325,000 cars and light trucks. Instead of only having bought 645 natural gas vehicles, it will now be purchasing 162,500 under the current terms of the House Bill. That number is enough to jump start domestic manufacturing capability, and increase the use of natural gas as a transportation fuel.