NEPA Blog

Today's Santa Fe New Mexican has a report on opposition to leasing a portion of the eastern side of the Valle Vidal to El Paso Natural Gas for coalbed methane gas exploration:

"A coalition of environmental groups pledges to fight the prospect of natural-gas development on the Valle Vidal Unit of the Carson National Forest.

El Paso Natural Gas requested a lease to explore the eastern side of the 100,000-acre Valle Vidal in 2002. Opponents now charge the federal government is cutting corners on environmental review under pressure from the White House.

* * *

Brian Shields, spokesman for the Amigos Bravos organization in Taos -- one of the groups that signed the letter to the Forest Service -- said Thursday that drilling the Valle Vidal for coal-bed methane gas would be a travesty.

* * *

Last September, Carson National Forest geologist Rebecca Doolittle said the agency wouldn't decide whether to open the Valle Vidal to drilling until mid-2007. The New Mexico Institute of Mining and Technology is analyzing the area's energy potential.

Doolittle said the agency intends to prepare an environmental-impact statement looking at the effect of gas production on the area by 2005.

Shields said opponents plan to fight the development proposal every step of the way, including taking the matter to court if necessary.

* * *

In addition to Amigos Bravos, the following are members of the coalition: Leslie Beck, Blancett Ranches, ConservAmerica, Jon Klingel, the Mining Impacts Communication Alliance, the New Mexico Environmental Law Center, the New Mexico Wilderness Alliance, the New Mexico Wildlife Federation, the Oil and Gas Accountability Project and Wild Earth Llama Adventures."

Mmm...Llama...

Today's Billings Gazette has an AP report on a litigation strategy that appears to be working:

"Natural gas production is not expected to increase in Wyoming this year, which would end 18 years of continuous growth.

* * *

Karen Brown, project coordinator for the Coalbed Natural Gas Alliance, said she worries 2004 could be a sign of things to come, not just an unlucky year for the industry.

'I'm fearful it's a trend, that we have some real issues around energy development and gas development,' she said.

State Oil and Gas Conservation Commission Supervisor Don Likwartz, who drafted the forecast with Cook, attributed the slowdown mainly to questions about Powder River Basin permitting.

'Coalbed methane production has leveled off because the number of wells being drilled has dropped' from 4,502 in 2000 to 2,179 in 2003, Likwartz said. 'That drop is really connected directly to the (Powder River Basin) environmental impact statement that took three years to get completed.' (In my book, that's actually pretty quick for an EIS like this one -- Ed.)

According to Likwartz, statewide production generally is either flat or declining except for three areas: the Powder River Basin, the Jonah Field and the Pinedale Anticline. In recent years, he said, 'those three fields have really been responsible for the increase.'

But all three areas are waiting for completion of federal studies necessary for further development. A Bureau of Land Management environmental impact statement for the Powder River Basin issued in April was expected to clear the way for 30,000 new methane wells, but lawsuits filed in Wyoming and Montana by landowner and environmental groups have made the BLM reluctant to issue permits under it."

Yep.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final Environmental Impact Statements and Regulations:

Draft EISs
ERP No. DNRS-L31004-ID Rating LO, Little Wood River Irrigation District, Gravity Pressurized Delivery System Construction, Funding and U.S. Army COE Section 404 Permit, Townships of 1 North, 1 South and 2 South of Range 21 East of the Boise Merridan, City of Carey, Blaine County, ID.

Final EISs
ERP No. F-FHW-F40398-IN Indianapolis Northeast Corridor Transportation Connections Study to Identify Actions to Reduce Expected Year 2025 Traffic Congestion and Enhance Mobility, Between I-69: from I-465 to IN-328; I-465: from U.S. 31 to I-70; I-70: from I-65 to I-465: IN-37 from I-69 to Allisonville Road (Noblesville), Marion and Hamilton Counties, IN.
ERP No. F-FHW-G40175-TX TX-45 Highway Southeast Study, I-35 south at Farm-to-Market Road-1327 to TX-130/US 183, Local Regional Enhancements to the National Transportation Systems, Funding and Right-of-Way Permit Issuance, Travis County, TX.
ERP No. FS-NRC-E06014-SC Generic EIS--License Renewal of Nuclear Plants, Supplement 13 regarding H.B. Robinsion Steam Electric Plant, Unit No. 2, Operating License Renewal for 20-Years, Site Specific, on the Shore of Lake Robinsion, Darlington and Chesterfield Counties, SC.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed January 19, 2004, through January 23, 2004:
EIS No. 040025, DRAFT EIS, USN, MS, Purchase of Land in Hancock County, Mississippi, for a Naval Special Operations Forces Training Range, To Improve Riverine and Jungle Training Available, John C. Stennis Space Center, Hancock County, MS, Comment Period Ends: March 15, 2004, Contact: Richard Davis (843) 820-5587.
EIS No. 040026, FINAL EIS, AFS, WY, Medicine Bow National Forest Revised Draft Land and Resource Management Plan, Implementation, Albany, Carbon and Laramie Counties, WY, Wait Period Ends: March 1, 2004, Contact: Mary Peterson (307) 745-2300.
EIS No. 040027, DRAFT EIS, IBR, NB, CO, WY, Programmatic EIS--Platte River Recovery Implementation Program, Assessing Alternatives, Cooperative, Endangered Species Recovery Program, The Four Target Species are Whooping Crane, Interior Least Tern, Piping Plover and Pallid Sturgeon, NB, WY and CO, Comment Period Ends: April 2, 2004, Contact: Curt Brown (303) 445-2096. This document is available on the Internet here.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Environmental Assessment for Allegheny Energy Supply Company, LLC; Dam No. 4 Hydro Station Project and Dam No. 5 Hydro Station Project.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Draft Environmental Assessment for Portland General Electric Company.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Draft Environmental Assessment for Public Utility District No. 1 of Cowlitz County.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent to Prepare an Environmental Assessment for the Proposed Young Storage Project and Request for Comments on Environmental Issues.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to prepare Environmental Impact Statement for Robert Wedge Post Fire Project, Flathead National Forest, Flathead County, MT.
SUMMARY: The Forest Service will prepare an environmental impact statement (EIS) for a resource management project within the Robert and Wedge Canyon Fire Areas which burned approximately 13,000 acres and 21,000 acres respectively on National Forest System lands in July-September of 2003. The project area is on the Hungry Horse/Glacier View Ranger District, Flathead National Forest, and is bordered on the east by Glacier National Park and the North Fork of the Flathead River. The city of Columbia Falls, Montana is located approximately 8 miles south of the Robert Fire and approximately 40 miles south of the Wedge Canyon Fire.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to prepare an Environmental Impact Statement for Nebraska National Forest--Bessey and Pine Ridge Ranger Districts, Samuel R. McKelvie National Forest, and Oglala National Grassland Nebraska; Travel Management-Nebraska and Samuel R. McKelvie National Forests and Oglala National Grassland.
SUMMARY: The Nebraska National Forest--Bessey and Pine Ridge Ranger Districts, Samuel R. McKelvie National Forest, and Oglala National Grassland are proposing to manage travel, primarily, but not exclusively motorized travel, by implementing limitations on where and when various types of travel can take place on the national forests and national grassland in Nebraska.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Timbered Rock Fire Salvage and Elk Creek Watershed Restoration Final Environmental Impact Statement; Medford District, Oregon.
SUMMARY: In accordance with Section 202 of the National Environmental Policy Act of 1970 (NEPA), a FEIS has been prepared by the Bureau of Land Management (BLM), Medford District, to analyze possible salvage opportunities resulting from the Timbered Rock Fire and proposed restoration projects designed to move resource conditions closer to the desired future conditions identified in the Medford District Resource Management Plan, Northwest Forest Plan, Elk Creek Watershed Analysis, and the South Cascades Late-Successional Reserve Assessment. The subject lands were designated Late-Successional Reserve in the Northwest Forest Plan. Restoration projects are designed to accelerate establishment or protection of late-successional forest conditions. Scientific debate surrounds the fire salvage issue and related NEPA documentation is continually challenged. In response to these disputes, an alternative was developed including scientific investigations that could be implemented within the Late-Successional Reserve to respond to these controversial issues related to salvage of fire-killed trees or fire effects on critical resources. The FEIS addresses whether to pursue salvage, levels of snags and coarse wood debris to be retained, and restoration projects on BLM-administered lands within and adjacent to the Late-Successional Reserve and Elk Creek Watershed.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent To Prepare a Resource Management Plan and Associated Environmental Impact Statement for the Kobuk-Seward Peninsula Planning Area.
SUMMARY: This document provides notice that the Bureau of Land Management (BLM) intends to prepare an RMP for the Kobuk-Seward Peninsula planning area, which includes public lands and resources managed by the Northern Field Office. This action will require a single EIS. The planning area includes approximately 13 million acres of BLM-administered lands in western Alaska and encompasses the area from Point Lay south to the Norton Sound, and from the Bering and Chukchi seas east to the Kobuk River. It includes the Seward Peninsula east to the Nulato Hills. The plan will fulfill the needs and obligations set forth by the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and BLM management policies. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns. The public scoping process will identify planning issues and develop planning criteria.

DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Public Hearings for the Draft Environmental Impact Statement for Purchase of Land for a Naval Special Operations Forces Training Range, Hancock County, MS.

NUCLEAR REGULATORY COMMISSION published an Environmental Assessment and Finding of No Significant Impact for Connecticut Yankee Atomic Power Company, Haddam Neck Plant.

NUCLEAR REGULATORY COMMISSION published an Environmental Assessment and Finding of No Significant Impact for a Proposed Exemption Maine Yankee Atomic Power Company Independent Spent Fuel Storage Installation.

AP reports:

"Bowing to Congress, the Energy Department is putting off further action on selection of a site for making plutonium triggers for the nation's nuclear arsenal.

The department said Wednesday it would postpone development of an environmental impact analysis for the manufacturing plant 'in order to address congressional concerns that it is premature to pursue further decisions' on the program.

This also would mean a delay in picking a site among the five that have been considered, officials said.

* * *

The department has not picked a site. Two years ago it said it was considering two sites in New Mexico and one each in Nevada, Texas and South Carolina. A final environmental impact statement on the sites was expected to be issued in April.

* * *

The five sites under consideration for the new plant are Los Alamos National Laboratory in New Mexico; the Waste Isolation Pilot Plant facility, also in New Mexico; the Nevada Test Site; the Pantex facility in Texas; and the Savannah River weapons complex in South Carolina."

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/DEIR) for Proposed Future Permit Actions Under Section 404 of the Clean Water Act for the Newhall Ranch Specific Plan and Associated Facilities Along Portions of the Santa Clara River and its Side Drainages, in Los Angeles County, CA.
SUMMARY: The project proponent and landowner, The Newhall Land and Farming Company, has requested a long-term section 404 permit from the Corps of Engineers for facilities associated with the Newhall Ranch Specific Plan. Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA) as implemented by the regulations of the Council on Environmental Quality (CEQ), 40 CFR 1500-1508, the Corps of Engineers intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the potential effects of the proposed action on the environment. To eliminate duplication of paperwork, the Corps of Engineers intends to coordinate the DEIS with the Draft Environmental Impact Report (DEIR) being prepared by the California Department of Fish and Game. The joint document will meet the requirements of NEPA as well as enable the Corps to analyze the project pursuant to the 404(b)(1) Guidelines and assess potential impacts on various public interest factors.

DEPARTMENT OF HEALTH AND HUMAN SERVICES (National Institutes of Health) published a Record of Decision--Construction and Operation of an Integrated Research Facility by the National Institutes of Health at Fort Detrick, MD.
ACTION: Notice. The Department of Health and Human Services, NIH, and the United States Army Garrison, Fort Detrick (Cooperating Agency), have decided, after completion of a Final Environmental Impact Statement (EIS) and a thorough consideration of public comments on the Draft EIS, to implement Alternative I (Proposed Action), which was identified as the Preferred Alternative in the Final EIS. This action involves the construction and operation of an Integrated Research Facility (IRF) by NIH on a site adjacent to existing U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID) facilities at Fort Detrick, Maryland.
The National Institute of Allergy and Infectious Diseases (NIAID), a component of NIH, will be the occupant of the facility, which will contain Intramural NIAID bio-safety level -2, -3, and -4 laboratory and animal research facilities for conducting biodefense and emerging infectious disease research. NIAID's biodefense mission is different but complementary to USAMRIID's. The selected action best satisfies NIH's needs and the biodefense research goals of NIAID and USAMRIID. Moreover, it fosters increased interagency collaboration between NIH and U.S. Army scientists by building on the already well established formal cooperation that exists between these two organizations. NIH will incorporate design and operational safeguards in the facility to protect laboratory workers and local residents from possible harmful effects related to the operation of the facility, however remote these occurrences may be. This action also allows NIH to address a critical national shortage in bio-safety level-4 (BSL-4) capability.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Draft Environmental Impact Statement for the Fire Management Plan, Saguaro National Park.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Draft General Management Plan / Draft Environmental Impact Statement for Saratoga National Historical Park, NY.
SUMMARY: Pursuant to section 102 (2)(C) of the National Environmental Policy Act of 1969, the National Park Service announces the availability of the Draft General Management Plan / Draft Environmental Impact Statement (GMP/EIS) for Saratoga National Historical Park, New York. Consistent with the park's mission, National Park Service policy, and other laws and regulations, the Draft GMP/EIS presents four alternatives to guide park management over the next 15 to 20 years. The alternatives incorporate various management prescriptions to ensure protection and public enjoyment of the park's resources. The report also evaluates potential environmental consequences of implementing the alternatives. Impact topics include cultural and natural resources, visitor experience, park operations, the socioeconomic environment, and impairment. Alternative D is the preferred alternative.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published a Notice of Intent To Prepare an Environmental Assessment for the Columbia Gas Transmission Corporation Proposed Line 1278 Replacement Project and Request for Comments on Environmental Issues.

DEPARTMENT OF TRANSPORTATION (Surface Transportation Board) published a Notice of Intent to prepare an Environmental Impact Statement for Southwest Gulf Railroad Company--Construction and Operation Exemption--Medina County, TX; with notice of initiation of the scoping process; notice of availability of draft scope of study for the environmental impact statement and request for comments.
SUMMARY: On February 27, 2003, Southwest Gulf Railroad Company (SGR) filed a petition with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate a new rail line in Medina County, Texas. The proposed project would involve the construction and operation of approximately seven miles of new rail line. Because the effects of the proposed project on the quality of the human environment are likely to be highly controversial, the Board's Section of Environmental Analysis (SEA) has determined that the preparation of an Environmental Impact Statement (EIS) is appropriate. The purpose of this notice is to notify individuals and agencies interested in or affected by the proposed project of SEA's decision to prepare an EIS and to initiate the formal scoping process. This notice also announces the availability of a draft scope of study and requests comments on the draft scope of study.

Today's Corvallis Times-Gazette has the AP report:

"U.S. Forest Service plans to aggressively harvest trees burned in the 2002 Biscuit fire would harm old growth forest reserves for the next century and are not needed to reduce fire danger, says Jerry Franklin, a leading expert on old growth forest ecology.

The only thing worse for the spotted owl habitat burned in the fire than removing large dead trees would be logging large green trees, Franklin wrote in formal comments on the draft environmental impact statement on the Biscuit Fire Recovery Project.

* * *

The Forest Service proposal to log 518 million board feet of timber from 25,000 acres of the burned area starting this summer has become a hot-button issue. Environmentalists argue the plan calls for too much logging and replanting will create artificial landscapes ill-suited for wildlife and more flammable than a natural forest. The Forest Service and timber industry have complained that environmental analysis slows the salvage and restoration process so much they become uneconomical.

Franklin's comments contrast with statements made by Hal Salwasser, dean of the College of Forestry at Oregon State University, at a recent forum on the Biscuit salvage plan. Salwasser said that without cutting dead trees and replanting, the half of the Biscuit area that burned intensely was doomed to grow back as brush and hardwoods that burn over and over."

Yep.

A three-judge panel of the Court issued an opinion in Preservation Coalition of Erie County v. Federal Transit Administration. The opinion is here, the Westlaw cite is 2004 WL 113492.

The Court held that the FTA is subject to an award of attorneys' fees to appellee as a prevailing party under the NHPA for work expended in obtaining a court-ordered Supplemental Environmental Impact Statement under NEPA.

"Althought the SEIS was relief made available by the NEPA, it was also a form of NHPA relief under the June, 1999 regulations. Accordingly, appellee is entitled to recover attorneys' fees and costs under the NHPA fee-shifting provisions for its expenses in obtaining the March 31, 2000 Order of the district court directing appellants to prepare the SEIS."

Well alrighty then.

DEPARTMENT OF AGRICULTURE (Forest Service) published a Notice of Availability of the Final Environmental Impact Statement for the South Platte Wild and Scenic River Study, Pike and San Isabel National Forests, Cimarron and Comanche National Grasslands (PSICC), Douglas, Jefferson, Park and Teller Counties, CO.
SUMMARY: Under the National Environmental Policy Act (Pub. L 91-190) and the National Forest Management Act (Pub. L. 94-588), the Forest Service announces the availability of the Final Environmental Impact Statement for the South Platte Wild and Scenic River Study. The FEIS analyzes the direct, indirect and cumulative impacts of the alternatives analyzed in the study. A Record of Decision is not being issued at this time in order to receive comments on new information not previously disclosed, namely, (1) the proposed amendment to the Forest Plan, and (2) the Preferred Alternative.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published a
Notice of Availability of the Supplemental Environmental Impact Statement for Management of Port-Orford-Cedar in Southwest Oregon
SUMMARY: The Forest Service (FS) and Bureau of Land Management (BLM) have prepared a Final Supplemental Environmental Impact Statement (FSEIS) for management of Port-Orford-cedar in southwest Oregon. The Agencies are supplementing the analyses contained in the Final EISs for the Resource Management Plans for the Coos Bay, Medford, and Roseburg BLM Districts (1995) and the Land and Resource Management Plan for the Siskiyou National Forest (1988), generally federally managed forestlands in southwest Oregon. The FSEIS is available on the Internet here.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION published a Notice of Availability of the Draft Environmental Impact Statement for the International Space Research Park at the John F. Kennedy Space Center and notice of meeting.

NUCLEAR REGULATORY COMMISSION published a Notice of Finding of No Significant Impact and Availability of Environmental Assessment for Amendment of License No. 08-00408-06, Department of Justice--Federal Bureau of Investigation, Washington, DC.

NUCLEAR REGULATORY COMMISSION published a Notice of Finding of No Significant Impact and Availability of Environmental Assessment for Amendment of Materials License No. 37-30433-01, OSI Pharmaceuticals, Inc.

NUCLEAR REGULATORY COMMISSION published a Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Application for Usec Inc., Bethesda, MD.

DEPARTMENT OF DEFENSE (Department of the Air Force) published a Notice of Intent (NOI) To Prepare Environmental Impact Statement (EIS) on the Proposed Military Family Housing Demolition, Construction, Renovation, and Leasing Program, Eglin Air Force Base (AFB) and Hurlburt Field, FL.
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and Air Force policy and procedures (32 CFR part 989), the Air Force is issuing this notice to advise the public of its intent to prepare an EIS to assess the potential environmental impacts on a proposal to provide a means to rapidly upgrade housing to current Air Force standards while ensuring that appropriate housing is available and affordable for military personnel assigned to Eglin AFB and Hurlburt Field.
A total of 2,739 existing housing units distributed among thirteen parcels on Eglin AFB and Hurlburt Field would be conveyed to a private contractor along with associated infrastructure and utilities. Selected real estate (land) on which housing units are located would remain in Air Force ownership but would be leased to the private developer for 50 years. The developer will manage and maintain the housing, making it available to military personnel at rates that will not exceed their housing allowance. Of the 2,739 total units proposed for conveyance, there are 138 existing units that meet standards and do not require improvement, two units that would be renovated in place, and 2,594 units that would be demolished.
The Air Force is proposing that a developer construct 2,015 new units, for a net total of 2,155 privatized military family housing units. At least some of the new units would be located on sites not currently developed for housing. All demolition and construction activities would occur on Air Force property within the Eglin Reservation. The Air Force used a screening process to identify suitable areas for new housing development and identified four such parcels, all located in the south-central portion of Eglin Reservation. he Air Force has developed five alternatives for accomplishing the proposed action. These alternatives differ only in the location and distribution of the 2,015 new units to be constructed. Under the No Action Alternative the Air Force would continue owning and managing all current 2,739 housing units. The standard military construction process would continue to be used to upgrade housing as needed.
The Air Force will host public scoping meetings in the local area. The exact dates, times, and location(s) will be announced through the local media. Oral and written comments presented at the public meetings, as well as written comments received by the Air Force during this scoping period and throughout the environmental impact analysis process, will be considered in the preparation of the EIS. To ensure the Air Force has sufficient time to consider public input in the preparation of the Draft EIS, written comments from the public should be submitted by March 23, 2004.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published a Notice of Intent To Prepare an Environmental Assessment for the Dominion Transmission, Inc. Proposed Fink Capacity Maintenance Project and Request for Comments on Environmental Issues and Notice of Site Visit.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published a Notice of Availability of the Amended Environmental Assessment for the Northwest Pipeline Corporation Proposed Everett Delta Lateral Project.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published a
Notice of Availability of Final Environmental Assessment for Trinity Conservancy, Incorporated.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published a Notice of Availability of the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Environmental Water Account, San Francisco Bay/Sacramento-San Joaquin Delta, California.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published a Notice of availability of the draft environmental impact statement for the Platte River Recovery Implementation Program.

The AP reports:

"Interior Secretary Gale Norton signed off on a plan Thursday for opening most of an 8.8 million-acre swath of Alaska's North Slope to oil and gas development."

BLM's press release is here. The Plan and EIS are here. The ROD is here.

Environmental groups, including World Wildlife Fund, Earthjustice and the Sierra Club, sent BLM a letter requesting a supplemental EIS.

Today's Washington Post has a report:

"Department of Agriculture officials said yesterday they will begin revising their rules governing genetically engineered crops, a process that will include for the first time a comprehensive review of the regulations' effect on the environment.

* * *

Among the changes proposed are an expansion of the department's regulatory authority to include certain plants and insects not previously covered, as well as an overhaul of the system for granting permits to run field tests on genetically engineered crops. The new permit system would place organisms into different tiers based on potential risk, with varying degrees of regulation applying to each tier.

In addition, the USDA's Animal and Plant Health Inspection Service will develop a wide-ranging environmental impact statement to assess the effectiveness of existing regulations, with a draft due by the end of the year. That process begins with a public comment period that starts today and lasts until March 23."

The Federal Register Notice is here.

The groups are concerned about sediment in streams and economic impact from lost recreational opportunities in the 700 acre area. Today's Bristol Herald-Courier has a report from Abingdon, Virginia:

"Environmentalists asked a federal judge here Thursday to block a 700-acre timber sale, calling the U.S. Forest Service’s environmental assessment of the plan flawed.

A number of organizations urged U.S. District Judge Glen Williams to stop the pending sale because the Forest Service’s actions show the agency wanted to avoid finding that the plan would have a significant impact on the environment."

The Hampton Roads Daily Press has the AP report.

DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published a Notice of Intent to prepare an Environmental Impact Statement and proposed scope of study on Introduction of Genetically Engineered Organisms.
SUMMARY: We are advising the public that the Animal and Plant Health Inspection Service intends to prepare an environmental impact statement in connection with potential changes to the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. This notice identifies potential issues and alternatives that will be studied in the environmental impact statement and requests public comment to further delineate the scope of the issues and alternatives.
The Washington Post has a report here.

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published a Notice of Intent To Prepare a Draft Environmental Impact Statement for Kentucky River Lock and Dam 10 Stabilization and Renovation Project Boonesborough, KY.
SUMMARY: Authorized by the U.S. Congress for the planning, design and construction assistance for the stabilization and renovation of Kentucky River Lock and Dam 10. Specific language for the work was published in the 106th Congress, 2nd Session, House of Representatives Conference Report (106-1005), 26 October 2000, Section 631. This section authorized the Secretary of the Army to take all necessary measures to further stabilize and renovate Lock and Dam 10 at Boonesborough, Kentucky. The Draft Environmental Impact Statement (DEIS) will assess the potential impacts of the alternatives being considered upon the social, economic and natural resources of the project area.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of
EPA Comments on the following Draft and Final Environmental Impact Statements:

Draft EISs
ERP No. D-AFS-H65015-NE Rating LO, Pine Ridge Geographic Area Rangeland Allotment Management Planning, To Permit Livestock Grazing on 34 Allotments, Nebraska National Forest, Pine Ridge Ranger District, Dawes and Sioux Counties, NE.
ERP No. D-AFS-L65442-OR Rating EC2, Baked Apple Fire Salvage Project, Salvaging Fire Killed Trees in the Matrix Portion of the 2002 Apple Fire, Umpqua National Forest, Umpqua Ranger District, Douglas County, OR.
ERP No. D-BLM-K08028-CA Rating EC2, Desert Southwest Transmission Line Project, New Substation/Switching Station, Construction, Operation and Maintenance, Right-of-Way Grant and US Army COE Section 10 and 404 Permits Issuance, North Palm Springs and Blythe, CA.
ERP No. D-COE-E32082-AL Rating EC2, Arlington and Garrows Bend Channels and Adjacent Area Restoration and Maintenance Dredging, City of Mobile, Mobile County, AL.
ERP No. D-COE-E39063-AL Rating EC2, Choctaw Point Terminal Project, Construction and Operation of a Container Handling Facility, Department of the Army (DA) Permit Issuance, Mobile County, AL.
ERP No. D-DOI-J39030-UT Rating EC1, Lower Duchesne River Wetlands Mitigation Project (LDWP), To Implement Restoration Measures in the Lower Duchesne River Area, Strawberry Aqueduct and Collection System (SACS) on portions of the, Strawberry Reservoir, Ute Indian Tribe, NPDES and U.S. Army COE Section 404 Permits, Duchesne, Utah, Uintah Counties, UT.
ERP No. D-FHW-F40418-IL Rating LO, Macomb Area Study, Construction from U.S. Route 67 (FAP-310) and Illinois Route 336 (FAP-315), City of Macomb, McDonough County, IL.
ERP No. D-FHW-H40180-00 Rating EC2, Interstate 74 Quad Cities Corridor Study, Improvements to I-74 between 23rd Avenue in Moline, Il and 53rd Street in Davenport, IA, NPDES, Rivers and Harbors Act Section 9 and US Army COE Section 404 Permits, Scott County, IA and Rock Island County, IL.
ERP No. D-FRC-L05231-AK Rating EC2, Glacier Bay National Park and Preserve, Falls Creek Hydroelectric Project (FERC. NO. 11659) and Land Exchange Project, Issuance of License and Land Exchange, Kahtaheena River (Falls Creek) near Gustavus in Southeastern, AK.
ERP No. DS-FTA-D54041-VA Rating LO, Dulles Corridor Rapid Transit Project, Additional Information to Assist Decision-Makers, Area Residents and the Business Community in the Evaluation of High Quality and High-Capacity Transit Service in the Dulles Corridor, West Falls Church Metrorail Station in Fairfax County to the vicinity of Route 772 in Loudoun County, VA.

Final EISs
ERP No. F-HHS-D81034-MD Integrated Research Facility (IRF) at Fort Detrick Construction and Operation, Adjacent to Existing U.S. Army Medical Research Institute of Infectious Diseases Facilities, City of Frederick, Frederick County, MD.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of the following Environmental Impact Statements Filed January 12, 2004 Through January 16, 2004:

EIS No. 040013, Final EIS, SFW, CA, Programmatic EIS--San Francisco Estuary Invasive Spartina Project, Spartina Control Program to Preserve and Restore Ecological Integrity of the Estuary's Intertidal Habitats, Alameda, Contra Costa, Marin, Napa, San Francisco and San Mateo, CA, Wait Period Ends: February 23, 2004, Contact: Mark Littlefield (916) 414-6581.
EIS No. 040014, Draft EIS, AFS, PA, Spring Creek Project Area (SCPA), To Achieve and Maintain Desired Conditions, Allegheny National Forest, Marienville Ranger District, Elk and Forest Counties, PA, Comment Period Ends: March 8, 2004, Contact: John Weyant (814) 776-6172 Ext.138EIS No. 040015, Draft EIS, AFS, WY, Tongue Allotment Management lan, Proposal to Continue Livestock Grazing on All or Portions of the 22 Allotment, Bighorn National Forest, Tongue and Medicine Wheel/Paintrock Ranger Districts, Johnson, Sheridan and Bighorn Counties, WY, Comment Period Ends: March 08, 2004, Contact: Craig L. Yancey (307) 674-2600.
EIS No. 040016, Final Supplement, AFS, CA, OR, Siskiyou National Forest, Land and Resource Management Plan, Implementation, Curry, Coos and Josephine Counties, OR and Del Norte County, CA, Wait Period Ends: February 23, 2004, Contact: Kenneth Denton (503) 326-2368. The U.S. Department of Agriculture, Forest Service and the U.S. Department of the Interior, Bureau of Land Management are Joint Lead Agencies on the above Project. This document is available on the Internet at: http://www.or.blm.gov/planning/port-orford-cedar_seis/.
EIS No. 040017, Draft EIS, SFW, CA, South Bay Salt Ponds Initial Stewardship Plan, To Maintain and Enhance the Biological and Physical Conditions, South San Francisco Bay, CA, Comment Period Ends: March 8, 2004, Contact: Margaret Kolar (510) 792-0222.
EIS No. 040018, Draft Supplement, BOP, CA, Fresno Federal Correctional Facility Development, Additional Information, Orange Cove, Fresno County, CA, Comment Period Ends: March 8, 2004, Contact: David J. Dorworth (202) 514-6470.
EIS No. 040019, Final EIS, BLM, CO, Gunnison Gorge National Conservation Area Resource Management Plan, Implementation, Montrose and Delta Counties, CO, Wait Period Ends: February 23, 2004, Contact: Bill Bottomly (970) 240-5337.
EIS No. 040020, Draft Supplement, AFS, AK, Kensington Gold Project, Proposed Modifications of the 1998 Approved Plan Operation, NPDES, ESA and U.S. COE Section 10 and 404 Permits, Tongass National Forest, City of Juneau, AK, Comment Period Ends: March 8, 2004, Contact: Steve Hohensee (907) 586-8800.
EIS No. 040021, Draft Supplement, NOA, HI, GU, AS, Pelagic Fisheries of the Western Pacific Region, Fishery Management Plan, Regulatory Amendment, Management Measures to Implement New Technologies for the Western Pacific Pelagic Longline Fisheries, Hawaii, American Samoa, Guam and Commonwealth of the Northern Mariana Island, Comment Period Ends: February 23, 2004, Contact: Alvin Katekaru (808) 973-2937. Under Section 1506.10(d) of the Council on Environmental Quality Regulations for Implementating the Procedural Provisions of the National Environmental Policy Act the U.S. Environmental Protection Agency has Granted a 15-Day Wavier for the above EIS. This document is available on the Internet at: http://www.swr.nmfs.noaa.gov/pir/.
EIS No. 0240022, Draft EIS, AFS, AK, Commercially Guided Helicopter Skiing on the Kena, Peninsula, Issuance of a Five Year Special Use Permit, Chugach National Forest, Kenai Peninsula, AK, Comment Period Ends: March 23, 2004, Contact: Teresa Paquet (907) 754-2314. This document is available on the Internet at: http://www.fs.fed.us/r10/chugach.
EIS No. 040023, Final EIS, DOA, HI, Lahaina Watershed Flood Control Project, To Reduce Flooding and Erosion Problems, U.S. Army COE Section 404 and NPDES Permits, County of Maui, HI, Wait Period Ends: February 23, 2004, Contact: Lawrence T. Yamamoto (808) 541-2600.
EIS No. 040024, Final Supplement, AFS, CA, WA, OR, Northern Spotted Owl Management Plans, Removal or Modification of the Survey and Manage Mitigation Measure Standards and Guidelines in the Final Supplemental EIS (1994) and Final Supplement EIS (2002) for Amendments, Northwest Forest Plan, WA, CA and OR, Wait Period Ends: February 23, 2004, Contact: Jerry Hubbard (503) 326-2354. This document is available on the Internet at: http://www.or.blm.gov/surveyandmanage/.

DEPARTMENT OF TRANSPORTATION (Federal Transit Administration) published a Notice of Intent to prepare an Environmental Impact Statement for the East Bay Bus Rapid Transit Project in Berkeley, Oakland, and San Leandro, California.

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published a
Notice of Availability of a Draft Environmental Impact Statement/Environmental Impact Report on the Initial Stewardship Project for the South Bay Salt Ponds, San Francisco Bay, CA.
SUMMARY: The U.S. Fish and Wildlife Service and the California Department of Fish and Game are proposing an interim management strategy for 15,100 acres of former commercial salt ponds in south San Francisco Bay which will be utilized while a long-term restoration plan is developed and implemented. This Initial Stewardship Plan (ISP) would use existing and new water control structures to release any remaining saline pond waters to the Bay and to prevent further salt concentration by circulating waters through the ponds. The ponds are located at the Don Edwards San Francisco Bay National Wildlife Refuge and at the Eden Landing State Ecological Reserve.
A draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR), has been prepared jointly by the Service and the California Department of Fish and Game to analyze the impacts of the ISP and is available for public review. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. The analyses provided in the draft EIS/EIR are intended to inform the public of our proposed action, alternatives, and associated impacts; address public comments received during the scoping period for the draft EIS/EIR; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published a Notice of Availability of the Final Supplemental Environmental Impact Statement (FSEIS) to remove or modify the survey and manage mitigation measure standards and guidelines.
SUMMARY: The Forest Service and Bureau of Land Management (BLM) (collectively the Agencies) have prepared a FSEIS. The Agencies are supplementing the analyses contained in the FSEIS (2000) for amendment to the survey and manage, protection buffer, and other mitigation measures standards and guidelines, and the FSEIS (1994) for amendments to Forest Service and Bureau of Land Management planning documents within the range of the Northern Spotted Owl. The FSEIS is available on the Internet at http://www.or.blm.gov/nwfpnepa.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT published a Notice of Availability of a Draft Generic Environmental Impact Statement for the World Trade Center Memorial and Redevelopment Plan in the Borough of Manhattan, City of New York, NY. A copy of the Draft GEIS is also available on LMDC's Web site: http://www.RenewNYC.com in the ``Planning, Design & Development'' section.

On Tuesday, January 16, the Forest Service announced its decision on the Giant Sequoia National Monument Management Direction. The press release is here. The ROD and FEIS are here. The AP report is here.

On Wednesday, January 17, the Forest Service announced its decision on the Medicine Bow Forest Revised Land and Resource Management Plan. The letter from Mary Henderson, Forest Supervisor, regarding the Plan is here. The ROD and FEIS are here. Reports are here, here, and here.

The Denver ABC affiliate has the AP report here:

"A long-awaited government blueprint on how Colorado, Nebraska and Wyoming can preserve Platte River habitat for the whooping crane and three other species will be released at the end of the week, officials said Wednesday.

The draft environmental impact statement will contain four suggestions on how to manage the Platte River basin, said Lynn Holt, spokeswoman for the government's Platte River EIS Office. A preferred option will not be identified in Friday's report."

The Bureau of Reclamation has information on the EIS here. The Platte River Endangered Species Partnership has information here.

DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published a Notice of Availability of the Record of Decision Approving the Release of Grant Obligations Associated With the Proposed Construction of a Freeway Connection Between the Existing Milan Beltway and the Urbanized Area North of Rock River in Moline, IL.
SUMMARY: The Federal Highway Administration (FHWA) and Illinois Department of Transportation (IDOT) prepared an Environmental Impact Statement (EIS) for the construction of a new freeway connection between the existing Milan Beltway and the urbanized area north of Rock River in Moline, Illinois for the purpose of providing additional transportation capacity over the Rock River and to avoid the need to reconstruct IL 5 (Blackhawk Road) through Black Hawk State Historic Site. As a cooperating agency to the EIS, the Federal Aviation Administration (FAA) coordinated with FWHA and IDOT the design alternatives for the proposed interchange at the Milan Beltway--Airport Road intersection. The current Milan Beltway is approximately 2,700 feet from the west end of Runway 9-27 at the Quad City International Airport. With this Record of Decision, the FAA is announcing its approval of a release of land grant obligations over 14.380 acres of airport property. FAA's decision for its action considered the environmental impacts of the proposed project and the alternatives discussed in the EIS.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published a Notice of Intent to prepare an Environmental Impact Statement for Kasha-Katuwe Tent Rocks National Monument, Sandoval County, NM.
SUMMARY: The BLM Field Office, Albuquerque, New Mexico, intends to prepare a Resource Management Plan (RMP) with an associated Environmental Impact Statement (EIS) for the Kasha-Katuwe Tent Rocks National Monument. The proposed RMP will replace the existing Rio Puerco RMP and Area of Critical Environmental Concern (ACEC) Protection Plan for the area that has become the Monument. Public-scoping meetings to identify relevant issues will be announced in advance through BLM's Web site, a newsletter, and in local news media.

DEPARTMENT OF THE INTERIOR (National Park Service) published a Notice of Availability of the Final Environmental Impact Statement: General Management Plan, Fort Vancouver National Historic Site, Clark County, Washington.

DEPARTMENT OF THE INTERIOR (National Park Service) published a Notice of Availability of Draft Environmental Impact Statement for the Lackawanna Valley National Heritage Area Management Plan.

DEPARTMENT OF THE INTERIOR (National Park Service) published a Notice of Intent To Prepare an Exotic Plant Management Plan and Environmental Impact Statement for Nine Park Units in the Southeast Region.
SUMMARY: Notice is hereby given that in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4332) (40 CFR 1503.1) and Council on Environmental Quality regulations (40 CFR 1506.6), the U.S. Department of the Interior, National Park Service will prepare an exotic plant management plan/environmental impact statement (Plan/EIS). The Plan/EIS will be used to guide the management and control of exotic plants and restoration of native plant communities in nine park units in South Florida and the Caribbean. The nine park units are Big Cypress National Preserve, Biscayne National Park, Canaveral National Seashore, Dry Tortugas National Park, Everglades National Park, Buck Island Reef National Monument, Christiansted National Historic Site, Salt River Bay National Historic Park and Ecological Preserve, and Virgin Islands National Park. The EIS will assess potential environmental impacts associated with various types of exotic plant control measures and native habitat restoration techniques on park resources such as native plants, threatened and endangered species, water quality and hydrology, wetlands, wildlife, cultural resources, and public health and safety.

NUCLEAR REGULATORY COMMISSION published a Finding of No Significant Impact and Notice of Availability of the Environmental Assessment Concerning the License Amendment Request for the Operation of the Gas Hills Project Satellite In Situ Leach Uranium Recovery Facility.

Today's Corvallis Gazette-Times carries the AP report:

"Conservation groups filed a lawsuit Tuesday claiming the Klamath Marsh National Wildlife Refuge has increased logging, hay mowing and cattle grazing without consulting the public or showing how the activities benefit wildlife.

The lawsuit, filed in U.S. District Court here [Portland, OR], asks a judge to halt most logging, hay mowing and cattle grazing on the refuge until the U.S. Fish and Wildlife Service considers the impacts on the environment, in a process open to the public.

* * *

The lawsuit alleges that managers of the refuge near the California border violated the National Environmental Policy Act by failing to do environmental impact statements on groundbreaking activities on federal lands. It also says they violated the National Wildlife Refuge System Improvement Act by failing to determine the projects were compatible with wildlife."

DEPARTMENT OF TRANSPORTATION published a Revised Notice of Intent for an Environmental Impact Statement, Manatee County, FL.
SUMMARY: On November 13, 2000, the FHWA published a notice of intent in the Federal Register (Vol. 65, No. 219, pg. 67791) to prepare an environmental impact statement (EIS) for a proposed roadway/bridge project in Manatee County, Florida. Subsequent study indicated that there was very little controversy and impacts to pristine natural environment as previously anticipated. The FHWA is re-issuing this notice to advise the public that although an environmental assessment (EA) was prepared and approved, an EIS will now be prepared in response to growing public controversy.

DEPARTMENT OF THE INTERIOR published a Notice of Scoping Meetings and Intent To Prepare an Environmental Assessment for the Proposed Designation of Critical Habitat for the Southwestern Willow Flycatcher.
SUMMARY: The Fish and Wildlife Service (Service), is providing this notice to advise the public that a draft environmental assessment will be prepared, pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 432 et seq.), in conjunction with a proposed rule to designate critical habitat for the southwestern willow flycatcher (flycatcher) (Empidonax trailli extimus) under section 4 of the Endangered Species Act of 1973, as amended (Act). The historical range of the flycatcher includes southern California; Arizona; New Mexico; southern Nevada, Utah, and Colorado; and west Texas. We will hold eight public informational sessions and scoping meetings (see DATES and ADDRESSES sections).

DEPARTMENT OF THE INTERIOR published a Notice of intent to prepare a Draft Environmental Impact Statement and announcement of public scoping meetings for Reservoir Operations To Benefit Endangered Fishes in the Gunnison and Colorado Rivers, Aspinall Unit, Colorado River Storage Project, Colorado.
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation) intends to prepare a draft environmental impact statement (EIS) to describe potential effects of operational changes for the Aspinall Unit that are related to compliance with the Endangered Species Act (ESA). Reclamation is the lead Federal agency for NEPA compliance for the proposed Federal action.

Today's LA Times has a report (registration required) on a proposal for imposition of a "pack-it-out" policy at Whitney Trail.

"The plan would yank out existing solar toilets from the trail and require every trekker to use a kit provided at the trailhead to keep their business from polluting the area."

The Mount Whitney Human Waste Management EA is online here. The Purpose and Need statement says it all:

"The purpose and need for this analysis is to improve the quality of human waste disposal for visitors and agency personnel and to insure environmental impacts of human waste are minimized.

The existing toilets at Outpost and Trail Camp were installed twenty years ago. Despite a series of modifications and retrofits, they have not been functioning properly for many years. The maintenance and continued modifications of the buildings expose Forest Service personnel to many health and safety hazards. Maintaining the human waste containment system exposes employees to hanta virus, hepatitis, and unpleasant pungent human waste smells. Low ceilings in the structures create space constraints for moving large bins and conducting the needed maintenance chores in the buildings and increase the risk of injuries to the employees. Inefficiency and ineffectiveness in drying waste matter requires employees to literally be in the waste, mixing sawdust and other materials into the human waste to facilitate drying.

The inability of the current facilities to process liquids causes the containers to fill quickly resulting in periodic closures of the facilities. Toilet closures, due to this and
other malfunctions of the units, have affected the environment with human waste and toilet paper proliferation around the popular camps.

This analysis will lead to a decision that may in one way or another require a Forest Plan Amendment. If the toilets go forward as proposed, the visual quality objectives will need to be modified. If visitor use is reduced as a result of this analysis, the allowable visitor use quotas will need to be modified."

Business is picking up.

A three-judge panel of the Court issued an opinion in Lee v. U.S. Air Force.

The Court affirmed the decision of the U.S. District Court for the District of New Mexico in Lee v. U.S. Air Force, 220 F.Supp. 1229 (D.N.M. 2002).

The case involves a NEPA challenge to Air Force plans to permit the German Air Force to station, for training purposes, thirty fighter aircraft at Holloman Air Force Base, in addition to the twelve already there. The suit was brought by ranchers and livestock raising associations located near Holloman. The district court affirmed the U.S. Air Force's final agency decision on the grounds that it was "neither arbitrary, capricious, nor without reasonable foundation."

On appeal, Appellants argued that the Air Force, in carrying out the procedures required under NEPA to assess the environmental impact of its proposed action, failed to consider reasonable alternatives, failed to assess adequately the potential impact on property values in surrounding areas, used a flawed methodology to analyze noise impacts, used outdated studies to assess livestock impacts, and failed to consider the impact of aerial refueling or the potential secondary effects of aircraft accidents.

The Court's analysis of Appellants' noise impacts argument is particularly interesting because the Appellants objected to the use of the federal standard 65 dB DNL noise threshhold in the EIS. They argued that 55 dB DNL should be used instead because humans would be denied access to the area when low-level overflights occurred, and the only receptors would be livestock and wildlife.

Cumulative Impacts has more on this here.

DEPARTMENT OF TRANSPORTATION published a Supplemental Notice of Intent for the Environmental Impact Statement: Dallas and Ellis Counties, Texas.
SUMMARY: The FHWA is issuing this notice to advise the public of a change in the study limits of an Environmental Impact Statement being prepared for a proposed transportation project in Dallas and Ellis Counties, Texas.

DEPARTMENT OF AGRICULTURE published a Notice of Intent to prepare an Environmental Impact Statement for Bitterroot, Flathead and Lolo National Forests Land and Resource Management Plan Revision. Bitterroot, Flathead and Lolo National Forests Here Referred to as the Western Montana Planning Zone in Ravalli, Missoula, Mineral, Sanders, Lake, Flathead, Lincoln, Lewis and Clark, Granite, and Powell Counties, MT, and Idaho County, ID.
SUMMARY: The Bitterroot, Flathead, and Lolo National Forests will prepare an Environmental Impact Statement (EIS) to document the analysis and disclose the potential environmental impacts of implementing the actions proposed in revision of the Land and Resource Management Plans for the Bitterroot, Flathead and Lolo National Forests. The proposal seeks to update forest plans and respond to six major needs for change. A Notice of Intent was published May 10, 2002, in the Federal Register, Vol. 67, No. 91, p. 31761. This is a revision of that notice in order to provide a detailed proposed action for public review and comment. The proposed action can be viewed at http://www.fs.fed.us/rl/wmpz/.

DEPARTMENT OF THE INTERIOR published a Notice of additional public scoping meeting and extension of comment period for scoping for the Environmental Impact Statement for the Proposed Ione Band of Miwok Indians' Trust Acquisition and Casino Project, Amador County, California.

DEPARTMENT OF THE INTERIOR published a Notice of Intent to prepare a draft environmental impact statement and announcement of a public scoping meeting for the Long-Term Miscellaneous Purposes Contract, Carlsbad Irrigation District, New Mexico.

FEDERAL REGISTER, Jan. 14, 2004

NUCLEAR REGULATORY COMMISSION published an Environmental Assessment and Finding of No Significant Impact for Nuclear Management Company, LLC, Monticello Nuclear Generating Plant.

DEPARTMENT OF AGRICULTURE published a Notice of Availability and Request for Additional Comments on an Environmental Assessment and Finding of No Significant Impact for Vaccination of Wild, Free-Roaming Bison in the Greater Yellowstone Area, ID, MT, WY.

DEPARTMENT OF AGRICULTURE published a Notice of Finding of No Significant Impact for the North Forest Acres Levee/Road Project, City of Seward, Alaska.

FEDERAL REGISTER, Jan. 13, 2004

DEPARTMENT OF TRANSPORTATION published a Notice of Intent to prepare an Environmental Impact Statement for Ada County, ID.
SUMMARY: The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in Ada County, Idaho.

NUCLEAR REGULATORY COMMISSION published a Notice of Availability of a Environmental Assessment and Finding of No Significant Impact for Pacific Gas and Electric Company, Diablo Canyon Power Plant, Unit Nos. 1 and 2.

DEPARTMENT OF AGRICULTURE, Rural Utilities Service, published a Notice of Intent To Hold Public Scoping Meetings and Prepare an Environmental Impact Statement for Dairyland Power Cooperative, Inc.

TDY
Mimimal blogging the remainder of the week. Check out the Cumulative Impacts blog for environmental news. Or browse the Federal Register index or something. Maybe go outside and get some fresh air.

NC LOOKS TO EDWARDS TO STOP NAVY LANDINGS
Sunday's Charlotte Observer (registration required) ran an editorial asking "Will Edwards go to war for Washington County?":

"When U.S. Sen. John Edwards was running for the U.S. Senate as a political newcomer six years ago, he had a good line. When he got to Washington, he told voters, he'd go to war for them.

* * *

Edwards will never have a better opportunity to prove what kind of Washington warrior he could be for the people than in Eastern North Carolina right now. He has the opportunity to lead in a grassroots campaign involving local residents, environmental groups and county governments. They hope to convince the U.S. Navy that there's a better place for a practice jet landing field than right next door to one of the most important wildlife refuges on the East Coast.

The Navy needs an outlying landing field for the new Super Hornet jet aircraft. It believes the OLF's best site would be relatively unpopulated (by humans, anyway) Washington and Beaufort counties, a few miles from the Pocosin Lakes National Wildlife Refuge, winter home of tens of thousands of large migratory waterfowl.

But that's not all. The Pentagonalso proposes to add 900 square miles or so of Eastern North Carolina to a new Military Operations Area -- in addition to a huge swath of the east already designated for military airspace. The new MOA will cover parts of four national wildlife refuges, one national wilderness area and practically all of the Cape Lookout National Seashore.

If ever a section of the state needed a warrior with political clout, it's now.

But nobody expects Edwards to leave the Democratic Party's presidential primary race to come home and prove he meant it when he said he'd go to war for them. They know he has done about all that an absentee senator committed to running for president can do. He has sent letters and stated his opposition to putting the landing field in Washington County, but his constituents there are pretty much like the constituents of every other politician from North Carolina. They're pretty much on their own.

* * *

It's an opportunity for leadership, but so far, no one's going to war on behalf of the residents of a forgotten part of the state.

The only warriors in this fight belong to the Navy."

Yep.

ENVIRO GROUPS OPPOSE SONAR TESTING
Today's San Francisco Chronicle carries the AP report:

"Environmental groups and a New Hampshire company are locked in a legal battle over whether a newly developed sonar system will help whales avoid colliding with ships or drive the animals from their feeding grounds and separate calves from their mothers.

In the latest chapter of the long-running dispute, both sides were set to make their arguments Monday to U.S. District Judge Samuel Conti, who temporarily blocked the testing of the new system last year.

* * *

Environmental groups first sued over the issue more than a year ago, arguing that Scientific Solutions should have conducted an environmental assessment before starting the project.

Conti agreed, halting the testing and ordering the company to provide an environmental assessment and apply for a new permit.

After conducting the assessment, the company on Dec. 24 received the new permit from the U.S. Marine Fisheries Service to begin testing.

On Thursday, only a day after the company resumed testing, the environmental groups went back to court, arguing that the assessment was inadequate and the sonar system's impact on whales was significant."

CORPS OF ENGINEERS NEPA SERVICES SOLICITATION
The Galveston District has posted a solicitation for Professional, Administrative and Management Support Services for National Environmental Policy Act Compliance U.S. Army Engineer District.

FEDERAL REGISTER, Jan. 12, 2004

DEPARTMENT OF DEFENSE published a Notice of Intent To Prepare a Draft Environmental Impact Statement for a Proposed Water Treatment Residuals Management Process for the Washington Aqueduct, Washington, DC.
SUMMARY: The Washington Aqueduct seeks to plan and create a water treatment residuals management process that will comply with the standards established in National Pollutant Discharge Elimination System (NPDES) Permit DC0000019 and will allow for continued safe, reliable, and cost effective production of drinking water. Washington Aqueduct generates residual solids, a byproduct of producing drinking water, and currently periodically discharges this material to the Potomac River. The residuals consist of river sediment and solid materials generated by adding coagulant as part of the drinking water treatment process. NPDES Permit DC0000019 includes effluent standards for the discharge of the water treatment residuals that cannot be achieved by the current Washington Aqueduct residual management process.
This notice advises the public that pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as amended, Washington Aqueduct, which operates the Dalecarlia and McMillan Water Treatment Plants, will prepare a combined Feasibility Study/Draft Environmental Impact Statement. The combined studies will identify, analyze, and evaluate alternatives for reducing or eliminating the discharge of water treatment residuals from the Dalecarlia Water Treatment Plant and Georgetown Reservoir to the Potomac River in order to comply with NPDES Permit DC0000019, effective April 15, 2003, and a Federal Facility Compliance Agreement, signed June 12, 2003. In addition, Washington Aqueduct will consider alternate methods of managing the Potomac River sediment that accumulates in the Dalecarlia
Reservoir.

DEPARTMENT OF TRANSPORTATION published a Notice of Intent to prepare an Environmental Impact Statement for San Diego County, CA.
SUMMARY: The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in San Diego County, California.

DEPARTMENT OF THE INTERIOR published a Notice of Intent to prepare a Comprehensive Conservation Plan and Environmental Assessment for Big Branch Marsh Wildlife Refuge, located in St. Tammany Parish, Louisiana.

DEPARTMENT OF ENERGY published a Notice of Status Change of Environmental Review and Expiration of Scoping Period for the Proposed Weaver's Cove LNG Project and Notice of Intent to prepare an EIS for the project.

DEPARTMENT OF ENERGY published Notice of Availability for the Record of Decision for the Sacramento Area Voltage Support Project (DOE/EIS-0323).
SUMMARY: Based upon the analysis and information contained in the Sacramento Area Voltage Support (SVS) Environmental Impact Statement (EIS), the Western Area Power Administration (Western) has decided that, should the SVS project proceed, it should follow the configuration of the preferred alternative described in the SVS Final EIS. This alternative is identified as Proposed Action Option B and would consist of (1) reconductoring a double-circuit, 230-kilovolt (kV) transmission line from Elverta Substation to Tracy Substation, (2) constructing a new double-circuit, 230-kV transmission line from O'Banion Substation to Elverta Substation, and (3) realigning the transmission line near Pleasant Grove Cemetery between O'Banion and Elverta substations and Option B of the Cottonwood-Roseville single-circuit, 230-kV transmission line. In making this decision, Western evaluated (1) alternatives to the proposed project, and (2) alternatives that cover the reasonable range of options to complete enhancements to the 230-kV power transmission system between O'Banion and Tracy substations. These transmission enhancements and additions are necessary to maintain transmission security and reliability. Of the alternatives evaluated, Proposed Action Option B provides the highest degree of security and reliability for voltage support while having relatively few environmental impacts.

ENVIROS WILL SUE TO STOP NAVY LANDINGS
Today's Boston Globe reports that wildlife protection groups will file suit today to block a proposed Navy landing field in North Carolina:

"The Navy intends to build an outlying landing field in rural Washington County -- essentially an 8,000-foot runway for practicing the challenging landings that the F / A-18 Super Hornet fighter jets are required to make on aircraft carriers. The eastern North Carolina site is next to Pocosin Lakes National Wildlife Refuge, a winter home for tundra swans, snow geese, and ducks.

Critics say the Navy has underestimated the potential of hazardous aircraft-bird collisions, as well as the project's impact on wildlife. The Southern Environmental Law Center, the Audubon Society, and other groups plan to file a federal lawsuit today that would block the project."

Today's Virginian-Pilot has more:

"'Of all the places to put this kind of facility, the Navy has chosen one of the worst,' said Derb Carter, a senior attorney for the Southern Environmental Law Center, in Raleigh. The law center is representing the National Audubon Society, Defenders of Wildlife and the North Carolina Wildlife Federation in the environmental suit.

Attorneys in both actions have scheduled a news conference this morning in Raleigh, and later will participate in a ceremony near the proposed site, just outside of Plymouth, where opponents plan to erect a 'tent city' and camp in protest to the project."

A camp-in. Wonder if the lawyers will be spending the night.

UPDATE: Looks kind of swampy. Note to campers: Predominant vegetation type is southeastern shrub bog which is also known as pocosin. This type is characterized by a very dense growth of mostly broadleaf evergreen shrubs with scattered pond pine. And the weather forecast is snow, wind and temperatures around freezing.

What fun!

MOUNTAINTOP MINING EIS COMMENT PERIOD EXTENDED
U.S. EPA has submitted a Federal Register notice to extend the public comment period on the Mountaintop Mining EIS until January 21, 2004, according to a note on the agency website. The Charleston Gazette has a report.

Susan Bird has more on this on her excellent "Cumulative Impacts" web log.

OTERO MESA DRILLING OPPOSED
KOAT Albuquerque has a report on opposition to oil and gas development on Otero Mesa:

"The Bureau of Land Management thinks the state can have both the natural area and it oil and gas resources. BLM field manager Amy Luders said the agency has a plan to allow additional drilling.

'The oil and gas industry is saying it's too restrictive (and) the environmental community is saying it's not restrictive enough,' Luders said.

"The BLM plan would give the oil and gas industry the chance to drill about 140 new wells, but under tight restrictions, including not disturbing more than 5 percent of the ground on the mesa. But Jim Steitz, of the Southwest Environmental Center, said the 5-percent impact is too much.

'The grasslands are fragile. Once it's destroyed, it can't be put back,' Steitz said. 'We will fight to the end to protect this place.'"

Monday's Alamogordo Daily News had the local version of the story.

COALBED METHANE
Today's Billings Gazette has the final installment in a six part series on CBM development.

The Gazette also carries the AP report on opposition to CBM development in and around the Thunder Basin National Grassland in northeastern Wyoming.

FEDERAL REGISTER, Jan. 9, 2004

DEPARTMENT OF ENERGY published a Notice of Availability of Environmental Assessment for Dairyland Power Cooperative.
SUMMARY: In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has reviewed the application for a new license for the Flambeau Hydroelectric Project, located on the Flambeau River, in Rusk County, Wisconsin, and has prepared an Environmental Assessment (EA). In the EA, Commission staff analyze the potential environmental effects of relicensing the project and conclude that issuing a new license for the project, with appropriate environmental measures, would not constitute a major federal action that would significantly affect the quality of the human environment.
A copy of the EA is on file with the Commission and is available for public inspection. The EA may also be viewed on the Commission's Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number excluding the last three digits in the docket number field to access the document.

DEPARTMENT OF HEALTH AND HUMAN SERVICES published a Notice of Intent To Prepare an Environmental Impact Statement for the National Emerging Infectious Diseases Laboratories Facility in Boston, MA.
SUMMARY: The Department of Health and Human Services (DHHS), National Institutes of Health (NIH), announces its intent to prepare an environmental impact statement (EIS) to evaluate a proposed new National Emerging Infectious Diseases Laboratories facility in Boston, MA. This EIS is being prepared and considered in accordance with the requirements for the National Environmental Policy Act (NEPA) of 1969, regulations of the President's Council on Environmental Quality (40 CFR parts 1500-1508), and NEPA Compliance Procedures of the DHHS General Administration Manual, Part 30 (Environmental Protection) 25 February 2000.

DEPARTMENT OF THE INTERIOR published a Notice of Availability of the Record of Decision on the Final Environmental Impact Statement for the Going-to-the-Sun Road Rehabilitation Plan, Glacier National Park. The ROD is online here.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of the following Environmental Impact Statements filed December 29, 2003, through January 2, 2004:
EIS No. 030591, Final EIS, AFS, ID, Big Bend Ridge Vegetation Management Project and Timber Sale, provision of forest products on a sustained yield basis, Caribou-Targhee National Forest, Ashton/Island Park Ranger District, Fremont County, ID, wait period ends: February 9, 2004, contact: Melissa Jenkins (208) 624-3151.
EIS No. 030592, Draft EIS, FHW, MI, I-75 from M-102 to M-59 proposed widening and reconstruction, transportation improvements, funding, NPDES permit and U.S. Army COE section 404 permit, Oakland County, MI, comment period ends: February 23, 2004, contact: Abdelmoez Abdalla (517) 702-1820.
EIS No. 030593, Draft EIS, AFS, UT, WY, East Fork Fire Salvage Project timber harvesting of dead and dying trees, implementation, Wasatch-Cache National Forest, Evanston Ranger District, Summit County, UT, comment period ends: February 23, 2004, contact: Steve Ryberg (307) 789-3194. This document is available on the Internet at: http://www.fs.fed.us/r4/wcnf.
EIS No. 030594, Final EIS, BLM, NM, Sierra and Otero Counties Resource Management Plan amendment and Federal fluid minerals leasing and development, implementation, Sierra and Otero Counties, NM, wait period ends: February 9, 2004, contact: Tom Phillips (505) 525-4377. This document is available on the Internet here.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-AFS-J65396-WY Rating EC2, Wyoming Range Allotment Complex, To Determine Whether or not to Allow Domestic Sheep Grazing, Bridger-Teton National Forest, Big Piney, Greys River and Jackson Ranger Districts, Sublette, Lincoln and Teton Counties, WY.
ERP No. D-AFS-K65263-CA Rating EC2, Meteor Project, Proposal for Harvesting Timber and Conducting Associated Activities on 744 Acres, Implementation, Klamath National Forest, Salmon River Ranger District, Siskiyou County, CA.
ERP No. D-NPS-F65043-MI Rating LO, Pictured Rocks National Lakeshore, General Management Plan and Wilderness Study, mplementation, Lake Superior, Munising and Grand Marais, Alger County, MI.
Final EISs
ERP No. F-AFS-F65036-WI Hoffman-Sailor West Project, Timber Harvest, Regeneration Activities, Connected Road Construction and Decommissioning, Chequamegon-Nicolet National Forest, Medford/Park Falls Ranger District, Price County, WI.
ERP No. F-AFS-F65042-WI Sunken Moose Project, Proposal to Restore and/or Maintain the Red and White Pine Communities, Washurn Ranger District, Chequamegon-Nicolet Forest, Bayfield County, WI.
ERP No. F-AFS-K61157-CA Interface Recreation Trails Project, Recreation Route System Development, Implementation, Stanislaus National Forest, Calaveras Ranger District, Calaveras County, CA.
ERP No. F-AFS-K65252-CA Combined Array for Research in Millimeter-wave Astronomy (CARMA) Project, Construction, Reconstruction and Operation of 23 Antennas at the Juniper Flat Site, Special-Use-Permit Issuance, Inyo Mountain, Inyo National Forest, Inyo County, CA.
ERP No. F-AFS-K65258-CA Emigrant Wilderness Dams Project, Reconstruct, Repair, Maintain and Operate 12 Dams; Snow, Bigelow, Huckleberry, Emigrant Meadow, Middle Emigrant, Emigrant, Leighton, Long, Lower Buck, Y-Meadow and Bear, Stanislaus National Forest, Summer Ranger District, Tuolumne County, CA.
ERP No. F-AFS-L65434-WA Crupina Integrated Weed Management Project, Control and Eradication of Crupina, Implementation, Okanogan and Wenatchee National Forests, Chelan Ranger District, Chelan County, WA.
ERP No. F-BOP-K80042-CA Lompoc United States Penitentiary (UPS) Construction and Operation of a New High-Security Facility and Ancillary Structures on One of Three Sites located in the City of Lopmoc, Funding, Santa Barbara County, CA.
ERP No. F-NPS-K65365-AZ Navajo National Monument, General Management Plan and Development Concept Plan, Implementation, Navajo Counties, AZ.

CORPS ISSUES MISSISSIPPI CASINO FEIS
The South Mississippi Sun Herald has a report:

"An environmental impact statement for the Royal D'Iberville Hotel and Casino has been completed, and the favorable results mean a casino could open in D'Iberville within two years.

The statement, which is more than 1,100 pages and took three years for the Army Corps of Engineers to complete, found that in every case except one, a casino development will have no impact or a minimum adverse impact on the environment. Under the category of social and economic impact, the report found a casino would have beneficial effects.

* * *

The EIS, which cost nearly $500,000, was paid for by the Jacobs family. The family, which once owned the Cleveland Indians baseball team, owns shopping centers, malls, office buildings and casinos in Colorado and Nevada.

The EIS was ordered in August 2000 by U.S. District Judge Paul L. Friedman, who ruled that environmental impact statements needed to be issued before casino projects could be built in D'Iberville and the north shore of Bay of St. Louis. Friedman issued the ruling in response to lawsuits filed by environmental groups.

The groups argued that federal law required the corps to conduct an EIS before casinos could be permitted in environmentally sensitive sites."

$500,000 for 1,100 pages - that's $454.55 per page.

BLM ISSUES RMPA/FEIS FOR OTERO MESA OIL & GAS
On Monday, the Bureau of Land Management (BLM) issued a proposed Resource Management Plan Amendment and Final Environmental Impact Statement covering oil and gas leasing and development in Otero and Sierra Counties in southern New Mexico. According to the BLM Press Release:

"The document outlines decisions that will guide management of almost two million acres of federal public lands and mineral estate administered by the Las Cruces Field Office."

The RMPA/FEIS is here.

MORE CBM
Today's Billings Gazette has the fifth installment in a series of articles about coalbed methane.

Today's SF Chronicle carries an AP report that BLM headquarters has ordered the Buffalo (WY) field office to conduct more environmental analysis on planned CBM wells southwest of Gillette, WY:

"Among other things, the state office directed its field office to analyze the possible cumulative effects of water discharged from the methane wells, including how vegetation and soil could be affected and if the water could promote West Nile virus by harboring mosquito larvae.

The order also points out that Marathon's water management plan does not include a statement saying the company will comply with all laws and does not provide information about the depths at which it obtained groundwater samples.

Additionally, the headquarters office said the Buffalo staff did not clearly rely on national pollution regulations in the original analysis and directs the field office to do so."

USFS HALTS TIMBER SALE
Today's Billings Gazette carries the AP report on the proposed sale south of Livingston.

"The U.S. Forest Service's Northern Region office in Missoula has halted a proposed sale of 4.5 million board feet of timber in grizzly bear habitat south of here, environmentalists announced Wednesday.

The Greater Yellowstone Coalition, the Park County Environmental Council, the Alliance for the Wild Rockies, Native Ecosystems Council and two individuals all appealed the planned Windmill sale.

'We're happy with the decision,' said Jim Barrett, executive director of PCEC.

* * *

[R]egional foresters said changing the purpose and need meant the forest had to come up with other ways it would be possible to accomplish the same goals.

'The EIS fails to provide a reasonable range of alternatives that meet the purpose and need for the project,' wrote Kathleen McAllister, deputy regional forester.

'That's the argument that won,' Barrett said."

FEDERAL REGISTER, Jan. 8, 2004

GENERAL SERVICES ADMINISTRATION published a Notice of Intent To Prepare an Environmental Impact Statement for the Andrade Port of Entry Expansion/Renovation.
SUMMARY: The action to be evaluated by this EIS is the expansion/renovation of the existing Andrade POE, located in Andrade, California, to improve the safety, security, and operations of the POE, and to maintain control over ever-present illegal activities at the border. The facility serves vehicular and pedestrian traffic into and out of the Mexican town of Algodones. Expansion/renovation of this facility is proposed to respond to the substantial increase in the flow of both vehicles and pedestrians. The existing POE facility is not equipped to process the number of vehicles and pedestrians anticipated at a level of service consistent with the Federal Inspection Service minimum standards for processing time and overall operational efficiency. The current facility layout requires northbound pedestrians to cross both lanes of SR-186 upon exiting the pedestrian inspection facility, which impedes vehicle circulation, hinders vehicle inspection efficiency, and presents a hazard to those pedestrians.
Alternatives: Four build alternatives for the proposed project are currently under consideration and will be analyzed in the EIS for potential environmental impacts. In addition, the ``no build'' alternative will be analyzed. Alternatives 1 and 2, located on Fort Yuma (Quechan) Indian Reservation land, would expand the existing facility on additional property immediately north and west of the existing site. These two alternatives differ in how traffic would flow through the facility. Alternative 3, also located on Fort Yuma (Quechan) Indian Reservation land, would construct a new facility immediately across the Alamo Canal, east of the existing facility. A bridge over the canal would connect the new facility to the existing roadway. Alternative 4 would leave the existing facility in place, and construct a new facility east of Algodones on the Arizona side of the Colorado River, connecting with Algodones via a bridge. Land in this area is privately owned. Under Alternative 4, both POE's would remain open, but the majority of vehicular traffic would be expected to pass through the new facility.
The EIS will address the potential environmental impacts of the alternatives for the proposed project, including: land use, visual and aesthetic resources, cultural and historic resources, traffic and public safety, air quality during construction and operation, noise, biological resources, geology and soils, water resources, and infrastructure and utilities. The EIS will also address the socioeconomic and environmental justice effects of the potential expansion/renovation of the Andrade POE.

Anticipating a significant traffic increase?

BUSH ADMINISTRATION "USING WILDFIRES"?
The December 2003 issue of Environmental Law Reporter News & Analysis Journal has an article (subscription required) by John M. Carter, Mike Leahy, and William J. Snape III, titled "CUTTING SCIENCE, ECOLOGY, AND TRANSPARENCY OUT OF NATIONAL FOREST MANAGEMENT: HOW THE BUSH ADMINISTRATION USES THE JUDICIAL SYSTEM TO WEAKEN ENVIRONMENTAL LAWS." John M. Carter is the Judicial Accountability Fellow at Defenders of Wildlife. Mike Leahy is Natural Resources Counsel for the Defenders of Wildlife. William J. (Bill) Snape III, is vice president and chief counsel at Defenders of Wildlife.

The authors present data developed by the Defenders of Wildlife Judicial Accountability Project. Carter, Leahy, and Snape argue that the data shows that the Bush Administration has an "Anti-Forest Agenda":

"The Bush Administration has embarked on an across-the-board campaign to remake federal forest policy to reflect its industry-friendly ideology. The forest law court cases argued by the U.S. Department of Justice since the Bush Administration took office in many instances foreshadow the on-the-ground and policy actions of the Forest Service. Many of the specific rules that the Bush Administration is attempting to rewrite are rules that have been successfully enforced in federal court to prevent the Forest Service from carrying out actions that violate federal environmental laws. The court arguments and policy actions by which the Bush Administration has attempted to rewrite forest law have been placed into four categories for this Article: (1) Rolling Back NFMA Planning Rules; (2) Using Wildfires to Eliminate Environmental Protections; (3) Denying Meaningful Public Participation; and (4) Gutting Roadless Area and Wilderness Protections."

Inflammatory.

Westlaw cite is 33 ELR 10959.

DEPARTMENT OF DEFENSE AS A FEDERAL LAND MANAGER
The December 2003 issue of Wyoming Lawyer has an interesting article by Gina Guy, titled "SWORDS, NOT PLOWSHARES: THE DEPARTMENT OF DEFENSE AS A FEDERAL LAND MANAGER ." Gina Guy is the Deputy General Counsel (Installations and Environment), Office of the General Counsel, Department of the Air Force. She previously served as the Regional Solicitor, Rocky Mountain Region, Office of the Solicitor, Department of the Interior, Denver. The article is not available on-line, but is on Westlaw (Westlaw cite is 26-DEC WYLAW 20).

WYOMING CBM
Today's Billings Gazette has the fourth installment in a series of articles about coalbed methane, on Wyoming's "World Class Supply."

Today's Laramie Boomerang has a report on an environmental organization opposed to new methane gas wells in and around the Thunder Basin National Grassland.

NEWS & OPINION BRIEFS:

Today's LA Times has a report (registration required) on internal communications among federal agencies regarding a Draft EIS on Appalachian coal mining. The communications were released in response to a FOIA request.

Today's Philadelphia Inquirer has a report on the completion of the Final EIS for interchange between the Pennsylvania Turnpike and Interstate 95.

Today's Charlotte Observer prints a letter to the editor (registration required) from lawyers representing groups opposed to Navy plans for an outlying landing field.

SECOND YELLOWSTONE SNOWMOBILE CASE
Today's Billings Gazette reports:

"In the latest twist over snowmobiling in Yellowstone National Park, a federal judge in Wyoming has agreed to revive a court case that challenged a ban on the machines that was issued near the end of the Clinton administration.

U.S. District Judge Clarence Brimmer said on Dec. 31 that he would reopen the case but did not set a schedule for when it would proceed. Attorneys on both sides of the snowmobile fight were notified of the decision Monday.

The decision could mean that the dispute over snowmobiles moves into two federal courts.

Last month, U.S. District Judge Emmet Sullivan in Washington, D.C., ruled that the Bush administration should not have set aside the previous ban on snowmobiles in favor of a plan to allowing only 'cleaner and quieter' sleds into Yellowstone and Grand Teton national parks.

Because of the ruling, the National Park Service is implementing the Clinton-era ban, which means limited numbers of snowmobiles this year and complete prohibition of the machines starting next winter.

That decision has been appealed to the District of Columbia Court of Appeals. A decision could be handed down some time next week.

* * *

It seems strange that Wyoming and members of the snowmobile industry are challenging the snowmobile rule in two separate federal courts, said Doug Honnold, an attorney with Earthjustice, which has handled the snowmobile cases on behalf of several environmental groups.

'It's kind of odd if at the same time they're asking the court of appeals in D.C. to give them what they want and, without waiting to hear that decision, they go to a different judge and ask for the same relief,' Honnold said. 'I think that would be a pretty odd way of practicing law.'

The case in Wyoming was completed when the settlement was carried out, he added.

'To me, that's the beginning and end of discussion,' Honnold said."

Curious.

BROWARD COUNTY SHORE PROTECTION PROJECT
Final EIS is available on-line on the USACE website, here. Today's South Florida Sun-Sentinel has a report:

"'The proposed Broward County Shore Protection Project will be in the National interest and can be constructed while protecting the environment from unacceptable impacts,' the environmental impact statement says."

Apparently, not everyone agrees:

"'We can't sit ideally by and let them bury thousands of corals for a beach that isn't eroding,' said Dan Clark of Cry of the Water."

MORE ON COALBED METHANE
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