Wednesday, June 30, 2004
ELEVENTH CIRCUIT, Jun. 28, 2004
A three-judge panel of the Court issued its opinion in Wilderness Watch and Public Employees for Environmental Responsibility v. Mainella.
The Court reversed the District Court's grant of summary judgment to the National Park Service on Wilderness Watch's complaint seeking to enjoin the Park Service's practice of using motor vehicles to transport visitors across the designated wilderness area on Cumberland Island, Georgia. Wilderness Watch asserts that this practice violates the Wilderness Act, and also that the Park Service made the decision to transport tourists without conducting the investigation and analysis of potential environmental impact required by the NEPA. Finally, Wilderness Watch claims that the Park Service established an advisory committee without the public notice and participation required by the Federal Advisory Committee Act, rendering the agreement signed following those meetings invalid and unenforceable.
Section II of the Court's opinion (by Circuit Judge Barkett) addresses Wilderness Watch's NEPA claims.
Both parties agreed that the Park Service did not document any formal NEPA review before its decision. The Park Service argued that its action qualified for a categorical exclusion from NEPA review, thus relieving the agency from the need to conduct any formal, written review. Wilderness Watch argued that the Park Service cannot invoke a categorical exclusion because there is no evidence that the agency determined that the exclusion applied at the time it agreed to transport visitors. In effect, Wilderness Watch accused the agency of failing to consider the environmental impacts of its decision and then resorting to the exclusion as a post hoc rationalization.
After reviewing the record, the Court could not find any indication that the Park Service considered the application of the categorical exclusion prior to its decision, nor did the agency direct the Court's attention to any such evidence. Rather, the Park Service argued that forcing an agency to formally document reliance on a categorical exclusion would defeat the purpose of the exclusion: to streamline procedures and reduce paperwork and delay. The Court disagreed, stating:
Moreover, the Court did not believe that the Forest Service's action fell within the categorical exclusion for "routine and continuing government business," cited by the agency. Additionally, the Court determined that the Forest Service should have realized that relevant exceptions to categorical exclusions may have applied, triggering a requirement, under Department of Interior regulations, to prepare environmental documents.
Finally, the Court determined that the Service's subsequent conclusory statement that there were no adverse environmental impacts could not excuse non-compliance with NEPA. The Court stated that:
The Court reversed the District Court's grant of summary judgment to the National Park Service on Wilderness Watch's complaint seeking to enjoin the Park Service's practice of using motor vehicles to transport visitors across the designated wilderness area on Cumberland Island, Georgia. Wilderness Watch asserts that this practice violates the Wilderness Act, and also that the Park Service made the decision to transport tourists without conducting the investigation and analysis of potential environmental impact required by the NEPA. Finally, Wilderness Watch claims that the Park Service established an advisory committee without the public notice and participation required by the Federal Advisory Committee Act, rendering the agreement signed following those meetings invalid and unenforceable.
Section II of the Court's opinion (by Circuit Judge Barkett) addresses Wilderness Watch's NEPA claims.
Both parties agreed that the Park Service did not document any formal NEPA review before its decision. The Park Service argued that its action qualified for a categorical exclusion from NEPA review, thus relieving the agency from the need to conduct any formal, written review. Wilderness Watch argued that the Park Service cannot invoke a categorical exclusion because there is no evidence that the agency determined that the exclusion applied at the time it agreed to transport visitors. In effect, Wilderness Watch accused the agency of failing to consider the environmental impacts of its decision and then resorting to the exclusion as a post hoc rationalization.
After reviewing the record, the Court could not find any indication that the Park Service considered the application of the categorical exclusion prior to its decision, nor did the agency direct the Court's attention to any such evidence. Rather, the Park Service argued that forcing an agency to formally document reliance on a categorical exclusion would defeat the purpose of the exclusion: to streamline procedures and reduce paperwork and delay. The Court disagreed, stating:
Documentation of reliance on a categorical exclusion need not be detailed or lengthy. It need only be long enough to indicate to a reviewing court that the agency indeed considered whether or not a categorical exclusion applied and concluded that it did.
* * *
In most instances, a short statement that a categorical exclusion has been invoked will suffice to assure a reviewing court that environmental effects have been considered.
Moreover, the Court did not believe that the Forest Service's action fell within the categorical exclusion for "routine and continuing government business," cited by the agency. Additionally, the Court determined that the Forest Service should have realized that relevant exceptions to categorical exclusions may have applied, triggering a requirement, under Department of Interior regulations, to prepare environmental documents.
Finally, the Court determined that the Service's subsequent conclusory statement that there were no adverse environmental impacts could not excuse non-compliance with NEPA. The Court stated that:
In the absence of evidence that an agency seriously considered environmental impacts prior to making its decision, violations of NEPA cannot be considered harmless.
FEDERAL REGISTER, Jun. 30, 2004
DEPARTMENT OF ENERGY published Notice of Revision to the Record of Decision for the Department of Energy's Waste Management Program: Treatment and Storage of Transuranic Waste.
SUMMARY: The Department of Energy (DOE) is revising the Record of Decision (ROD) for its Waste Management Program: Treatment and Storage of Transuranic Waste prepared pursuant to the Waste Management Programmatic Environmental Impact Statement (WM PEIS, DOE/EIS-0200-F, May 1997). The original ROD was issued on January 20, 1998 (63 FR 3629), and revised on December 19, 2000 (65 FR 82985), July 13, 2001 (66 FR 38646), and September 6, 2002 (67 FR 56989). This present revision, based on consideration of new information, confirms DOE's September 6, 2002, decision to ship its transuranic (TRU) waste from the Battelle West Jefferson North Site (West Jefferson Site) in Columbus, Ohio, to the Hanford Site near Richland, Washington, for storage, processing, and certification, pending disposal at the Waste Isolation Pilot Plant (WIPP) near Carlsbad, New Mexico. The Final HSW EIS is available for review on the Internet here, and on the DOE National Environmental Policy Act (NEPA) Web page, here.
DEPARTMENT OF ENERGY published Record of Decision for the Solid Waste Program, Hanford Site, Richland, WA: Storage and Treatment of Low-Level Waste and Mixed Low-Level Waste; Disposal of Low-Level Waste and Mixed Low-Level Waste, and Storage, Processing, and Certification of Transuranic Waste for Shipment to the Waste Isolation Pilot Plant, Carlsbad, NM.
DEPARTMENT OF ENERGY published Notice of Revision to the Record of Decision for the Department of Energy's Waste Isolation Pilot Plant Disposal Phase.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent to Prepare an Environmental Assessment for Paiute Pipeline Company’s Proposed Paiute Wadsworth Compressor Station, Request for Comments on Environmental Issues, and Notice of Site Visit.
SUMMARY: The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of Paiute Pipeline Company's (Paiute) proposed Wadsworth Compressor Station Project. Paiute proposes to abandon operation and use of a liquefied natural gas (LNG) peak-shaving facility near the town of Lovelock in Pershing County, Nevada and an associated pipeline, modify existing valve assemblies, and construct and operate a new compressor station near the town of Wadsworth in Washoe County, Nevada.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent To Prepare an Environmental Impact Statement for Gold Camp Road near Colorado Springs, CO.
SUMMARY: The Forest Service invites comments and suggestions on the scope of the proposed Environmental Impact Statement and management plan for the most effective management of 8.5 miles of the Gold Camp Road. This is a historic Forest Service road that crosses national forest lands southwest of Colorado Springs, Colorado. This 8.5-mile segment of road has been partially closed since the collapse of one of the tunnels. The objective of the management plan is to best accommodate public use and access to national forest lands and nearby private in-holdings while maintaining public safety and the historic character of the road.
DEPARTMENT OF AGRICULTURE (Forest Service) and DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent to Prepare an Environmental Impact Statement for the Rock Creek Integrated Management Project.
SUMMARY: Between 2002 and 2003, Mountain Pine Beetle (MPB) activity in the drought-stressed Gore Pass Geographic Area increased 20-fold. A multidisciplinary, focused assessment was completed that identified the probability of a large-scale, high intensity beetle epidemic and fires that will threaten hydrologic flows, timber, wildlife habitats, developed recreation sites, administrative sites, the transportation system, heritage sites, off-site urban development, and other values. The interdisciplinary team identified potential management actions using prevention, suppression, and salvage strategies to reduce the beetle infestations and minimize adverse effects to resources.
This project is an ``authorized project'' under Title I of the Healthy Forests Restoration Act (HFRA). USFS and BLM will be using expedited procedures authorized by this act to complete project planning and decision-making. Use of this new authority requires an emphasis on collaboration with local communities and a determination that an epidemic exists by consulting with forest health specialists.
DEPARTMENT OF AGRICULTURE (Natural Resources Conservation Service) published Notice of a Finding of No Significant Impact for Rehabilitation of Floodwater Retarding Structure Nos. 7 and 13A of the Upper Brushy Creek Watershed, Williamson County, TX.
Tuesday, June 29, 2004
TENTH CIRCUIT, June 23, 2004
Three-judge panels of the Court issued opinions in Utah Environmental Congress v. Bosworth and Valley Community Preservation Commission v. Mineta.
In UEC v. Bosworth, the Court concluded that, because USFS had not complied with its duties under its regulations to monitor several relevant management indicator species, the Service's authorization of the Monroe Mountain Ecosystem Restoration Project was arbitrary and capricious. Accordingly, the Court reversed the District Court's affirmation of the ROD authorizing the project and remanded for further proceedings.
In VCPC v. Mineta, the Court upheld the district court's denial of the Plaintiffs' motion for preliminary injunction and injunction pending appeal challenging the Federal Highway Administration's approval of plans to reconstruct a 37.5 mile segment of Highway US 70 in southeast New Mexico.
In UEC v. Bosworth, the Court concluded that, because USFS had not complied with its duties under its regulations to monitor several relevant management indicator species, the Service's authorization of the Monroe Mountain Ecosystem Restoration Project was arbitrary and capricious. Accordingly, the Court reversed the District Court's affirmation of the ROD authorizing the project and remanded for further proceedings.
In VCPC v. Mineta, the Court upheld the district court's denial of the Plaintiffs' motion for preliminary injunction and injunction pending appeal challenging the Federal Highway Administration's approval of plans to reconstruct a 37.5 mile segment of Highway US 70 in southeast New Mexico.
FEDERAL REGISTER, June 29, 2004
DEPARTMENT OF THE INTERIOR (Minerals Management Service) published Notice of Availability of Environmental Documents Prepared for Proposed Oil and Gas Operations on the Gulf of Mexico Outer Continental Shelf (OCS).
SUMMARY: MMS in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA) announces the availability of NEPA-related Site-Specific Environmental Assessments (SEA) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil and gas activities proposed on the Gulf of Mexico OCS.
FEDERAL REGISTER, June 28, 2004
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability of a Draft Environmental Assessment for Rerouting Regional Jet and Turboprop Aircraft.
SUMMARY: The Federal Aviation Administration is making available for comment a Draft Environmental Assessment regarding the proposed rerouting of regional jet and turboprop aircraft within airspace controlled by the new Boston Consolidated TRACON. An electronic version of the document can be found here.
DEPARTMENT OF TRANSPORTATION (Federal Transit Administration) published Notice of Intent to Prepare a Supplemental Environmental Impact Statement for the Silver Line Phase III Rapid Transit Project, Boston, MA.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent to Prepare an Environmental Impact Statement for the Quarry Visitor Center, Dinosaur National Monument, CO and UT.
Monday, June 28, 2004
ENVIROS CONTEST MEADOW FACE EIS, YEW ROCK TIMBER SALE
KBCI TV (Boise, Idaho) has an AP report:
"Four environmental groups say a timber sale is illegal and will harm the forest and endangered fish.
So they're suing the U-S Forest Service and National Oceanic and Atmospheric Administration's Fisheries.
The Friends of the Clearwater contests the Yew Rock Timber Sale and its accompanying Meadow Face Environmental Impact Statement.
Gary Macfarlane of the Moscow-based group claims that the sale will damage the ecology. And says the South Fork of the Clearwater River has been damaged by past activity. He says this project won't help.
The group is challenging a study conducted by NOAA Fisheries that shows the sale will not threaten bull trout or steelhead.
Macfarlane says the plan also allows logging old growth, but timber officer Mike McGee said only smaller trees will be removed.
The group filed the lawsuit in federal court in Seattle
A preliminary hearing on the case is slated for July 12th."
Mark your calendars.
The Montana Standard has more here.
"Four environmental groups say a timber sale is illegal and will harm the forest and endangered fish.
So they're suing the U-S Forest Service and National Oceanic and Atmospheric Administration's Fisheries.
The Friends of the Clearwater contests the Yew Rock Timber Sale and its accompanying Meadow Face Environmental Impact Statement.
Gary Macfarlane of the Moscow-based group claims that the sale will damage the ecology. And says the South Fork of the Clearwater River has been damaged by past activity. He says this project won't help.
The group is challenging a study conducted by NOAA Fisheries that shows the sale will not threaten bull trout or steelhead.
Macfarlane says the plan also allows logging old growth, but timber officer Mike McGee said only smaller trees will be removed.
The group filed the lawsuit in federal court in Seattle
A preliminary hearing on the case is slated for July 12th."
Mark your calendars.
The Montana Standard has more here.
Wednesday, June 23, 2004
FEDERAL REGISTER, Jun. 23, 2004
DEPARTMENT OF THE INTERIOR (Bureau of Indian Affairs) published Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Menominee Nation Casino and Hotel Project, Kenosha, WI.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Pittsburgh Environmental Research Laboratory, Inc.'s Facility in Pittsburgh, PA.
Tuesday, June 22, 2004
FEDERAL REGISTER, Jun. 22, 2004
DEPARTMENT OF DEFENSE (Department of the Army) published Notice of Availability of Record of Decision for 2d Armored Cavalry Regiment Transformation and Installation Mission Support, Joint Readiness Training Center (JRTC) and Fort Polk, Louisiana, and Long-Term Military Training Use of Kisatchie National Forest Lands.
SUMMARY: The Department of the Army announces the availability of its Record of Decision (ROD) for 2d Armored Cavalry Regiment (2d ACR) Transformation and Installation Mission Support, Joint Readiness Training Center (JRTC) and Fort Polk, Louisiana, and Long Term Military Training Use of Kisatchie National Forest Lands. On March 19, 2004, the Army published a Notice of Availability of its Final Environmental Impact Statement (EIS) that considered the environmental consequences of the proposed actions and alternatives. The ROD describes the Army's decisions with respect to the proposed actions and alternatives considered in the EIS and its rationale for the decision. Based on the EIS and other relevant factors, the Army has decided to implement its proposed actions. This decision allows the Army to proceed with transformation of the 2d ACR at the JRTC and Fort Polk, Louisiana, and to undertake additional actions to support the installation's current and future missions. The decision includes fielding of the Army's new Stryker vehicle and equipment; construction and improvement of firing ranges, roads, stream crossings, and training support facilities; land use agreements and leases; creation and expansion of helicopter training areas; training and deployment of Army troops; and continued environmental stewardship. The decision also affirms the Army's commitment to implementing a series of mitigation and monitoring measures to offset potential adverse environmental impacts associated with the proposed actions, as identified in the Final EIS. The Army and Forest Service ROD's and Final EIS, as well as additional information concerning the EIS process, may also be reviewed here.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Black Hills National Forest, Mystic Ranger District, South Dakota, Deerfield Project Area Proposal and Analysis.
SUMMARY: The Forest Service will prepare an environmental impact statement on a proposal for multiple resource management actions within the Deerfield Project Area to implement the Black Hills National Forest Land and Resource Management Plan. The Deerfield Project Area covers about 41,000 acres of National Forest System land and about 5,200 acres of interspersed private land approximately 11 miles northwest of Hill City, South Dakota. The proposed action is to conduct vegetation management within the project area consisting of both commercial and non-commercial removal of trees, reduction of existing fuels and created activity fuels, and prescribed burning. Specific actions proposed for the Deerfield Project Area include the following: Commercial timber harvest of trees 7 inches or greater in diameter to thin stand densities, lower the potential for large scale mountain pine beetle infestations and crown fires, to create a mosiac of tree sizes and age classes, and to remove pine encroachment from meadows and hardwoods. These treatments would occur on approximately 14,000 acres. Non-commercial removal of trees smaller than 7 inches in diameter to reduce stand densities, eliminate ladder fuels, and improve the health and vigor of remaining trees would occur on approximately 4,200 areas, most of which overlap with commercial timber harvest acres. Forest fuels that currently exist and those created by harvest and thinning activities would be reduced by actions such as lopping, chipping, crushing, or piling and burning. Fuel breaks approximately 200 to 300 feet wide would be constructed adjacent to private land to provide some measure of protection to private land or structures in the event of a wildfire. These fuel breaks would consist of thinning existing trees of all sizes on approximately 1,400 acres. Some of these acres may overlap with other commercial and non-commercial treatments described above. Prescribed burning would be conducted on approximately 7,000 to 10,000 acres to reduce the continuity and amount of fuels, reduce the potential for large scale crown fires, and restore fire to its natural ecological role. Many of these acres will overlap with the vegetation treatments already described.
DEPARTMENT OF AGRICULTURE (Natural Resources Conservation Service) published Notice of Finding of No Significant Impact for Bayou Des Cannes Watershed, Acadia, Evangeline, and St. Landry Parish, Louisiana.
SUMMARY: Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Regulation (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for the Bayou Des Cannes Watershed, Acadia, Evangeline, and St. Landry Parish, Louisiana.
DEPARTMENT OF DEFENSE (Department of the Navy) published Record of Decision for Construction and Operation of the Tertiary Treatment Plant and Associated Facilities at Marine Corps Base Camp Pendleton, California.
SUMMARY: The Department of the Navy (DON), pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) and its implementing regulations (40 CFR parts 1500-1508), announces its decision to consolidate four active sewage treatment plants (STPs) at Marine Corps Base (MCB) Camp Pendleton into a single tertiary treatment plant (TTP). This involves construction and operation of a new TTP and associated facilities and demolition of four active and one inactive STP.
FEDERAL REGISTER, Jun. 21, 2004
DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published Notice of Availability, Draft Restoration Plan and Environmental Assessment for the Burgess Brothers, Inc. and Tansitor Electronics, Inc. Superfund Sites. The RP/EA will be available for review at the Service's Web site, here.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent To Prepare a Plan Amendment to the California Desert Conservation Area Plan of 1980 and an Environmental Assessment (EA) To Evaluate Incorporation of the Management Areas and Research Area Identified in the Flat-Tailed Horned Lizard Rangewide Management Strategy, 2003 Revision, an Arizona-California Conservation Strategy (Strategy) Into Bureau of Land Management's California Desert Area Land Use Plan.
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 Ukiah Field Office.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent to Prepare an Environmental Impact Statement for Hunting on the Cape Cod National Seashore.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final Environmental Impact Statement for the Final Commercial Services Plan, Glacier National Park, MT.
SUMMARY: Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(C), the National Park Service announces the availability of the Final Environmental Impact Statement for the Final Commercial Services Plan, Glacier National Park, Montana. The Final Commercial Services Plan and Final Environmental Impact Statement will be available on the Internet here.
Friday, June 18, 2004
FS EMPLOYEES RELEASE RETARDANT MEMOS
AP report (via Yahoo!News):
"The Bush administration ignored advice from government agencies that they should be consulted about the potential harm to threatened and endangered fish from fire retardant dropped on wildfires, according to documents released in a lawsuit by forest services workers.
The Forest Service Employees for Environmental Ethics obtained the documents, which it released Thursday, from the government as part of its lawsuit over fire retardant use filed last October in U.S. District Court in Missoula, Mont.
* * *
Fire retardant dropped from air tankers contracted by the Forest Service contains sodium ferrocyanide, which breaks down to form hydrogen cyanide, which kills fish when it is mixed with water and exposed to sunlight, the lawsuit contends. At least three fish kills from fire retardant falling in streams have been acknowledged by the government.
In allowing timber interests to intervene in the lawsuit, Judge Donald W. Molloy wrote that if the environmental group wins its lawsuit, the Forest Service will have to stop using fire retardant until it complies with the law.
The lawsuit claims the Forest Service has violated the National Environmental Policy Act by failing to go through a public review of the environmental effects of dropping retardant."
The FSEEE website is here.
"The Bush administration ignored advice from government agencies that they should be consulted about the potential harm to threatened and endangered fish from fire retardant dropped on wildfires, according to documents released in a lawsuit by forest services workers.
The Forest Service Employees for Environmental Ethics obtained the documents, which it released Thursday, from the government as part of its lawsuit over fire retardant use filed last October in U.S. District Court in Missoula, Mont.
* * *
Fire retardant dropped from air tankers contracted by the Forest Service contains sodium ferrocyanide, which breaks down to form hydrogen cyanide, which kills fish when it is mixed with water and exposed to sunlight, the lawsuit contends. At least three fish kills from fire retardant falling in streams have been acknowledged by the government.
In allowing timber interests to intervene in the lawsuit, Judge Donald W. Molloy wrote that if the environmental group wins its lawsuit, the Forest Service will have to stop using fire retardant until it complies with the law.
The lawsuit claims the Forest Service has violated the National Environmental Policy Act by failing to go through a public review of the environmental effects of dropping retardant."
The FSEEE website is here.
FEDERAL REGISTER, Jun. 18, 2004
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of
EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-AFS-J65018-MT Rating EC2, Sheep Creek Salvage Project, Moving Current Resource Conditions and Trends Toward Desired Future Conditions, Beaverhead-Deerlodge National Forest, Beaverhead County, MT.
ERP No. D-NAS-A12042-00 Rating LO, Programmatic EIS—Mars Exploration Program (MEP) Implementation.
ERP No. D-NSF-A99224-00 Rating LO, Development and Implementation of Surface Traverse Capabilities in Antarctia Comprehensive Environmental Evaluation, Antarctica.
Final EISs
ERP No. F-BOP-K81025-CA, Fresno Federal Correctional Facility Development, Funding, Orange Cove, Fresno County, CA.
ERP No. F-FAA-G11043-LA, Adoption--2nd Armored Cavalry Regiment Transformation and Installation Mission Support, Joint Readiness Training Center (JRT) Stryker Bridge Combat Team, Long-Term Military Training Use of Kisatchie National Forest Lands, Fort Polk, LA.
ERP No. F-GSA-D89079-DC, Southeast Federal Center Development, Land Transfer for Mixed-Use Development of Residences, Offices, Shops, a Waterfront Park and Cultural Amenities, Implementation, DC.
ERP No. F-HUD-C81018-NY, Generic EIS--World Trade Center Memorial and Redevelopment Plan, to Remember, Rebuild andRenew what was Lost on September 11, 2001, Construction in the Borough of Manhattan, New York County, NY.
ERP No. F-USA-E11052-GA, Digital Multi-Purpose Range Complex at Fort Benning, Construction, Operation andMaintenance, Gunnery Training Facilities for the Bradley Fighting Vehicle (BFV) and the Abrams M1A1 Tank System (Tank), Fort Benning, GA.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of the following Environmental Impact Statements filed June 7, 2004, through June 11, 2004:
EIS No. 040271, Final EIS, FHW, VT, VT 9/100, Transportation Improvement Study (NH-010-1(33), in the Towns of Wilmington and West Dover, Federal Permits and Approvals, NPDES Permit and COE section 10 and 404 Permits. Windham County, VT, wait period ends: July 19, 2004, contact: Kenneth R. Sikora, Jr. (802) 828-4423.
EIS No. 040272, Final EIS, NPS, CA, Whiskeytown Fire Management Plan, Implementation, Whiskeytown National Recreation Area, Klamath Mountains, Shasta County, CA, wait period ends: July 19, 2004, contact: Paul DePrey (530) 242-3445.
EIS No. 040273, Final EIS, FRC, CA, Pit 3, 4, 5 Hydroelectric Project, (FERC No. 233-081), Application for New License, Pit River, Pit River Basin, Shasta-Trinity National Forest and Lassen National Forest, Shasta County, CA, wait period ends: July 19, 2004, contact: John Mudre (202) 502-8902.
EIS No. 040274, Draft EIS, DOE, MT, South Fork Flathead Watershed Westslope Cutthroat Trout Conservation Program, Preserve the Genetic Purity of the Westslope Cutthroat Trout Population, Flathead National Forest, Flathead River, Flathead, Powell and Missoula Counties, MT, comment period ends: August 2, 2004, contact: Colleen Spiering (503) 230-5756. This document is available on the Internet here.
EIS No. 040275, Draft EIS, BLM, AK, Northeast National Petroleum Reserve Alaska Amended Integrated Activity Plan, to Amend 1998 Northeast Petroleum Reserve, to Consider Opening Portions of the BLM-Administrated Lands, North Slope Borough, AK, comment period ends: August 2, 2004, contact: Susan Childs (907) 271-1985.
EIS No. 040276, Final EIS, FAA, MN, Flying Cloud Airport Expansion, Extensions of the Runway 10R/28L and 10L/28R, Long-Term Comprehensive Development, in the City of Eden Prairie, MN, wait period ends: August 17, 2004, contact: Glen Orcult (612) 713-4354.
EIS No. 040277, Draft EIS, DOI, AZ, CA, NV, NM, Programmatic EIS--Lower Colorado River Multi-Species Conservation Program, Issuing a Incidental Take Permit based on the Plan, Extending from Lake Mead to the Southerly International Boundary with Mexico, AZ, NV and CA, comment period ends: August 18, 2004, contact: Glen Gould (702) 293-8702.
EIS No. 040278, Draft EIS, IBR, CA, San Joaquin River Exchange Contractors Water Authority--2005 to 2014, Water Transfer Program, Stanislaus, San Joaquin, Merced, Madera, Fresno, San Benito, Santa Clara, Kern, and Kings Counties, CA, comment period ends: August 2, 2004, contact: Sheryl Carter (559) 487-5299.
EIS No. 040279, Final EIS, DOE, OH, Portsmouth, Ohio Site Depleted Uranium Hexafluoride Conversion Facility, Construction and Operation, Pike County, OH wait period ends: July 19, 2004, contact: Gary S. Hartman (866) 530-0944. This document is available on the Internet here.
EIS No. 040280, FINAL EIS, DOE, KY, Paducah, Kentucky, Site Depleted Uranium Hexafluoride Conversion Facility, Construction and Operation, McCraken County, KY, wait period ends: July 19, 2004, contact: Gary S. Hartman (866) 530-0944. This document is available on the Internet here.
ENVIRONMENTAL PROTECTION AGENCY published Retraction of Notice of Intent To Prepare an EIS.
SUMMARY: This notice retracts the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed reissuance of National Pollutant Discharge Elimination System (NPDES) General Permits (GPs), OKG010000 and NMG010000, for Concentrated Animal Feeding Operations (CAFOs) in Oklahoma and New Mexico, and Indian lands in Oklahoma and New Mexico, issued on May 18, 2004. The scoping meetings scheduled for June 22, 2004, in Oklahoma City, Oklahoma, and on June 24, 2004, in Las Cruces, New Mexico, are cancelled.
DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service, Bureau of Reclamation) published Notice of Availability of the Draft Environmental Impact Statement/Draft Environmental Impact Report (DEIS/DEIR) for the Lower Colorado River Multi-Species Habitat Conservation Program, Section 10 Permit Application for Incidental Take, Draft Lower Colorado River Multi-Species Habitat Conservation Plan, Draft Biological Assessment, and Draft Implementing Agreement.
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that the U.S. Fish and Wildlife Service (Service) has received an application for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act), for the Lower Colorado River Multi-Species Conservation Program (LCR MSCP). The requested ITP, if granted, would authorize the LCR MSCP permittees incidental take of the following federally listed and candidate species: southwestern willow flycatcher (Empidonax traillii extimus) (flycatcher), Yuma clapper rail (Rallus longirostris yumanensis) (clapper rail), desert tortoise (Gopherus agassizii) (tortoise), bonytail (Gila elegans) (bonytail), humpback chub (Gila cypha) (humpback), razorback sucker (Xyrauchen texanus) (razorback), and yellow-billed cuckoo (Coccyzus americanus) (cuckoo). The requested ITP would also address incidental take for 20 other species of animals and plants that are not currently federally listed or candidate species. The proposed take would occur in Mohave, La Paz, and Yuma counties, Arizona; San Bernardino, Riverside, and Imperial counties, California; and Clark County, Nevada, as a result of water storage and delivery, power generation, and other associated water management actions on the lower Colorado River (LCR) from the full pool elevation of Lake Mead to the Southerly International Boundary with Mexico. Such actions cause effects to aquatic, marsh, and riparian habitats. The Bureau of Reclamation (Reclamation), the Service, and The Metropolitan Water District of Southern California as joint lead agencies, have issued a DEIS/DEIR to evaluate the impacts of, and alternatives for, the possible issuance of an ITP and the implementation by Reclamation of conservation measures contained in the habitat conservation plan. The participating Federal and non-Federal entities have completed the draft Lower Colorado River Multi-Species Habitat Conservation Plan (HCP) as part of the application package submitted to the Service (collectively, the ``Application'') as required by the Act for consideration of issuance of an ITP, pursuant to section 10(a)(1)(B). The Application provides measures to minimize and mitigate the effects of the proposed taking of listed, candidate, and other species. As part of the LCR MSCP, Reclamation has completed a draft Biological Assessment (BA), which includes an evaluation of the effects of its proposed ongoing discretionary LCR operations and maintenance activities and its implementation of the conservation measures described in the Reclamation Draft BA and in the HCP for the listed, candidate, and other included species. These documents can be obtained here.
NUCLEAR REGULATORY COMMISSION published Notice of an Environmental Assessment and Finding of No Significant Impact Related to Nuclear Fuel Services, Inc.’s Proposed License Amendment Authorizing Operations at the Oxide Conversion Building and the Effluent Processing Building at the Blended Low-Enriched Uranium Complex.
Thursday, June 17, 2004
ECO-TERRORISTS ADMIT SETTING FIRE
Fox News has an AP report that ELF eco-terrorist losers are bragging about setting a fire in a Utah lumberyard:
"A radical environmental group on Thursday officially claimed responsibility for Monday's lumberyard fire in West Jordan that caused $1.5 million in damage.
The Associated Press received an e-mail today from the North American Earth Liberation Front (search) Press Office saying they considered graffiti left at the fire scene and an earlier fax to a news outlet to be 'a legitimate claim of responsibility.'
The FBI and other agencies are investigating the fire as an act of ecoterrorism. The ELF is a loosely organized group of militant environmentalists which generally communicates with the media through e-mail."
No word on whether this exploit is part of the previously announced "Free 'Free'" festivities.
"A radical environmental group on Thursday officially claimed responsibility for Monday's lumberyard fire in West Jordan that caused $1.5 million in damage.
The Associated Press received an e-mail today from the North American Earth Liberation Front (search) Press Office saying they considered graffiti left at the fire scene and an earlier fax to a news outlet to be 'a legitimate claim of responsibility.'
The FBI and other agencies are investigating the fire as an act of ecoterrorism. The ELF is a loosely organized group of militant environmentalists which generally communicates with the media through e-mail."
No word on whether this exploit is part of the previously announced "Free 'Free'" festivities.
FEDERAL REGISTER, Jun. 17, 2004
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice Of Intent To Prepare an Environmental Assessment For Cheyenne Plains Gas Pipeline Company, L.L.C.’s Proposed Cheyenne Plains 2005 Expansion Project involving construction and operation of facilities by Cheyenne Plains Gas Pipeline Company, L.L.C. (CPG) in Weld County, Colorado, and Request for Comments On Environmental Issues.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of a Final Environmental Assessment on a Coal Lease by Application (LBA) Received for a Federal Coal Tract in the Decertified Green River/Hams Fork Coal Production Region, Wyoming. An electronic copy of the Final EA may be viewed or downloaded here.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of Final Environmental Impact Statement for the West Hay Creek LBA tract, for Federal coal in the decertified Powder River Federal Coal Production Region, Wyoming. The FEIS is also available electronically on the Internet here.
DEPARTMENT OF HEALTH AND HUMAN SERVICES (National Institutes of Health) published Notice of Record of Decision.
SUMMARY: The Department of Health and Human Services, The National Institutes of Health (NIH), has decided, after completion of a Final Environmental Impact Statement (EIS) and a thorough consideration of public comments on the Draft EIS and Supplemental Draft EIS, to implement the Proposed Action, which is identified as the Preferred Alternative in the Final EIS. This action involves construction and operation of an Integrated Research Facility and associated infrastructure improvements by the NIH at the Rocky Mountain Laboratories campus in Hamilton, Montana.
DEPARTMENT OF AGRICULTURE (Rural Utilities Service) published Notice of Intent To Prepare an Environmental Assessment for Basin Electric Power Cooperative, Inc.’s proposed project.
SUMMARY: The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, intends to prepare an environmental assessment (EA) in connection with possible impacts related to the construction and operation of a new gas-fired combustion turbine generation facility. The project is proposed by Basin Electric Power Cooperative, Inc., of Bismarck, North Dakota. RUS may provide financing assistance for the project.
Wednesday, June 16, 2004
FEDERAL REGISTER, Jun. 16, 2004
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Adoption and Notice of Availability of NEPA implementation Policies and Procedures.
SUMMARY: The Federal Aviation Administration (FAA) has revised its procedures for implementing the National Environmental Policy Act by replacing Order 1050.1D, Policies and Procedures for Considering Environmental Impacts, with Order 1050.1E Environmental Impact: Policies and Procedures. The revisions include: consolidating the FAA categorical exclusions in the appendixes to Order 1050.1D into the body of the order (including those in Order 5050.4A); adding new and modified categorical exclusions; incorporating new procedures for preparing environmental documents; consolidating Order 1050.1D appendixes, which describe procedures for each program office, into the body of the order; and adding new appendixes, such as on third-party contracting. Revisions incorporated into Order 1050.1E are consistent with FAA efforts to streamline the NEPA process that were announced by the Administrator in January 2001. Order 1050.1E also includes an appendix covering the environmental stewardship and streamlining provisions in ``Vision 100--Century of Aviation Reauthorization Act.'' Order 1050.1E is on the Web site of the FAA's Office of Environment and Energy, here.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Grand Mesa-Uncompahgre-Gunnison National Forests; Dry Fork Federal Coal Lease-by-Application (COC-67232).
SUMMARY: The Forest Service (FS) will prepare an Environmental Impact Statement (EIS) to disclose the environmental and human effects of underground coal mining within the Dry Fork Lease-by-Application area, and to identify terms and conditions needed to protect non-mineral resources consistent with the Grand Mesa, Uncompahgre and Gunnison (GMUG) National Forests Land and Resource Management Plan (Forest Plan). ArkLand Company of St. Louis, MO submitted a competitive coal lease-by-application (LBA) to the BLM--Colorado State office for about 1,517 acres of federal coal reserves. Named the Dry Fork LBA tract (Dry Fork tract), the application is for lands generally located in Sections 35 and 36, T 13 S, R 90 W; and Sections 1, 2, 11 and 12, T 14 S, R 90W, 6th PM, in Gunnison County, about 4 miles southeast of Somerset, Colorado. The land surface is National Forest System lands administered by the GMUG, and the mineral estate is administered by the BLM.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Grand Mesa, Uncompahgre and Gunnison National Forests; Robin Redbreast Unpatented Lode Claim Mining Plan of Operations; Hinsdale County, CO.
SUMMARY: A proposed Plan of Operations has been submitted for approval. The Forest Service will prepare an Environmental Impact Statement (EIS) to assess and disclose the environmental effects of access and mine development the Robin Redbreast unpatented lode mining claim. The Robin Redbreast Lode mining claim is located in the NE 1/4, Section 34, Township 45 North, Range 6 West, New Mexico Principle Meridian, Hinsdale County, Colorado. The Robin Redbreast mine, an unpatented lode mining claim, was located in 1938 in Porphry Basin on the Uncompahgre National Forest. It is recorded in the Hinsdale County Courthouse, Lake City, Colorado. The most recent approved operating plan is dated August 1983.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Kootenai National Forest Noxious Weed Management; Kootenai National Forest, Lincoln County, MT.
SUMMARY: The Forest Service will prepare an Environmental Impact Statement (EIS) for a proposal to manage noxious weeds (invasive plant species) on the Kootenai National Forest. The project includes the entire Kootenai National Forest. Counties included in the analysis area are Lincoln, Sanders, and Flathead in Montana, and Boundary and Bonner in Idaho.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Draft Environmental Impact Statement/Fire Management Plan, Santa Monica Mountains National Recreation Area, Los Angeles and Ventura Counties, CA. The complete DSMMEIS will be posted on the SMMNRA webpage, here.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final Environmental Impact Statement/Fire Management Plan, Whiskeytown National Recreation Area, Shasta County, CA. The document will also be posted electronically at the park's Web site, here.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of a Record of Decision on the Final Environmental Impact Statement/General Management Plan, Arkansas Post National Memorial, Arkansas.
NUCLEAR REGULATORY COMMISSION published Notice of Environmental Assessment and Finding of No Significant Impact for operation of Nuclear Management Company, LLC’s Palisades Plant, located in Van Buren County, Michigan.
DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Availability of the Draft Environmental Impact Statement/Environmental Impact Report and notice of public hearing for Water Transfer Program for the San Joaquin River Exchange Contractors Water Authority, 2005 to 2014.
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation) and the San Joaquin River Exchange Contractors Water Authority (Exchange Contractors) have made available for public review and comment the Draft EIS/EIR for a 10-year water transfer program. The program would consist of the transfer of up to 130,000 acre-feet of substitute water (a maximum of 80,000 acre-feet of developed water from conservation measures, including tailwater recovery, and groundwater pumping and a maximum of 50,000 acre-feet from temporary land fallowing) from the Exchange Contractors to other Central Valley Project (CVP) contractors, to Reclamation for delivery to the San Joaquin Valley wetland habitat areas (wildlife refuges), and to Reclamation and/or DWR for use by the CALFED Environmental Water Account (EWA) as replacement water for CVP contractors. Reclamation would approve and/or execute short-term and/or long-term temporary water transfers or agreements.
Tuesday, June 15, 2004
SOUTHERN UTAH WILDERNESS ALLIANCE NOT THROUGH
The Billings Gazette has an AP report:
"The Supreme Court on Monday blocked a lawsuit that accused the federal government of doing too little to protect undeveloped Western land from off-road vehicles.
The court, on a 9-0 vote, said environmental groups cannot use courts to force the federal Bureau of Land Management to more aggressively safeguard about 2 million acres of potential wilderness in Utah.
Interior Department spokeswoman Tina Kreisher said the department was 'pleased that the court has upheld the principle that the federal resource managers may use their expertise to make day-to-day management decisions without unnecessary litigation.'
Environmentalists acknowledged defeat but said the lawsuit nonetheless heaped attention on the damage done by off-road vehicles.
'It is not going away and neither are we,' said Heidi McIntosh, a staff attorney for Southern Utah Wilderness Alliance."
UPDATE: The Deseret News has more. The LA Times also has a report (registration required).
"The Supreme Court on Monday blocked a lawsuit that accused the federal government of doing too little to protect undeveloped Western land from off-road vehicles.
The court, on a 9-0 vote, said environmental groups cannot use courts to force the federal Bureau of Land Management to more aggressively safeguard about 2 million acres of potential wilderness in Utah.
Interior Department spokeswoman Tina Kreisher said the department was 'pleased that the court has upheld the principle that the federal resource managers may use their expertise to make day-to-day management decisions without unnecessary litigation.'
Environmentalists acknowledged defeat but said the lawsuit nonetheless heaped attention on the damage done by off-road vehicles.
'It is not going away and neither are we,' said Heidi McIntosh, a staff attorney for Southern Utah Wilderness Alliance."
UPDATE: The Deseret News has more. The LA Times also has a report (registration required).
FEDERAL REGISTER, Jun. 15, 2004
DEPARTMENT OF TRANSPORTATION (Federal Transit Administration) published Notice of Intent to Prepare an Environmental Impact Statement for a Proposed Transit Improvement Project in Branson, Missouri.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Commercial Pack Stock Use Authorizations for the Ansel Adams and John Muir Wildernesses; Inyo and Sierra National Forests; Inyo, Fresno, Madera and Mono Counties, CA.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of a Finding of No Significant Impact for Southern California Edison Company, San Onofre Nuclear Generating Station; Exemption From Certain Low-Level Waste Shipment Tracking Requirements in 10 CFR Part 20 Appendix G.
FEDERAL REGISTER, Jun. 14, 2004
DEPARTMENT OF DEFENSE (Department of the Army, Corps of Engineers) published Notice of Intent to Prepare an Environmental Impact Statement for the Ala Wai Canal Project, Hawaii.
DEPARTMENT OF HOMELAND SECURITY (Environmental Planning Program) published Notice of Proposed Directive and request for comments.
SUMMARY: The purpose of this notice is to provide an opportunity for public comment on the Department of Homeland Security draft directive containing policy and procedures for implementing the National Environmental Policy Act of 1969 (NEPA), as amended, Executive Order 11514, as amended, Executive Order 12114, and Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508). Pursuant to CEQ regulations, the DHS is soliciting comments on its proposed internal management directive from members of the interested public.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management, Interior and U.S. Forest Service, Department of Agriculture, as Joint Lead Agencies)) published Notice of Availability of the Draft Environmental Impact Statement for the Northern San Juan Basin Coal Bed Methane Development Project.
SUMMARY: Pursuant to the National Environmental Policy Act of 1969, the Federal Land Policy Management Act of 1976 and other regulatory requirements, the Joint Lead Agencies announce the availability of the Northern San Juan Basin Coal Bed Methane Development Project Draft Environmental Impact Statement (DEIS) for coal bed natural gas development in the northern potion of the San Juan Basin, in La Plata and Achuleta Counties, Colorado. The Joint Lead Agencies have prepared the DEIS to provide agency decision makers and the public with comprehensive environmental impact information on which to base coal bed natural gas development decisions. The DEIS is available on the Internet here. More here.
Monday, June 14, 2004
UNITED STATES SUPREME COURT, Jun. 14, 2004
The Court issued its opinion in Norton v. Southern Utah Wilderness Alliance, Justice Scalia writing for the unanimous Court, which reversed and remanded (10th Circuit).
In the NEPA-related portion of the decision (Section IV), the Court held that supplementation was not required, because the major federal action requiring an EIS (approval of the land use plan) was completed when the plan was approved. Accordingly, "there is no ongoing 'major federal action' that could require supplementation."
Opinion is here. Howard Bashman has more here. SCOTUSBlog has more here.
In the NEPA-related portion of the decision (Section IV), the Court held that supplementation was not required, because the major federal action requiring an EIS (approval of the land use plan) was completed when the plan was approved. Accordingly, "there is no ongoing 'major federal action' that could require supplementation."
Opinion is here. Howard Bashman has more here. SCOTUSBlog has more here.
Thursday, June 10, 2004
NORTHERN SAN JUAN BASIN COALBED METHANE DEIS RELEASED
The Durango Herald has a report:
"A long-awaited environmental study of coal-bed methane gas production in the Northern San Juan Basin, including the HD Mountains, recommends allowing fewer well pads than sought by six gas-producing companies but more than environmentalists want.
The draft Environmental Impact Statement, to be released today, looks at proposed coal-bed methane production on 125,000 acres of public and private holdings in La Plata and Archuleta counties north of the Southern Ute Indian Tribe Reservation.
Led by BP, six gas companies propose creating 273 well pads and 118 miles of roads, which would disturb 1,113 acres. In contrast, the Forest Service's preferred plan would result in 211 well pads and 94 miles of road, disturbing 965 acres. Maximum development of the basin would result in 499 well pads and 203 miles of road, which would disturb 1,843 acres.
Environmentalists are aghast at any further gas development in the Northern San Juan Basin. What particularly alarms them is the gas companies' desire to drill in the HD Mountains.
* * *
Environmentalists say gas production threatens old-growth ponderosa pine, pre-historic Puebloan sites and wildlife habitat. It also is a threat to the health of area residents because gas producers could drill near the Fruitland outcrop where the coal seam is near the surface. Drilling near the outcrop has been fingered as the culprit for underground coal fires and hazardous amounts of methane gas in homes north of Bayfield.
* * *
Stiles said the Forest Service is concerned more about the location of well pads and the amount of land that is disturbed than about the number of pads or wells. He said that horizontal drilling preferred by environmentalists because it allows a number of wells on a single pad is a consideration. He said the 211 pads recommended in the Forest Service preferred alternative would allow up to 283 bores.
The estimated coal-bed methane reserve, including production to date, in the Northern San Juan Basin is 2.5 trillion cubic feet, potentially worth $7.5 billion in gross revenue. The production life of the region is estimated at 25 years."
The Forest Service News Release is here. The DEIS is here.
"A long-awaited environmental study of coal-bed methane gas production in the Northern San Juan Basin, including the HD Mountains, recommends allowing fewer well pads than sought by six gas-producing companies but more than environmentalists want.
The draft Environmental Impact Statement, to be released today, looks at proposed coal-bed methane production on 125,000 acres of public and private holdings in La Plata and Archuleta counties north of the Southern Ute Indian Tribe Reservation.
Led by BP, six gas companies propose creating 273 well pads and 118 miles of roads, which would disturb 1,113 acres. In contrast, the Forest Service's preferred plan would result in 211 well pads and 94 miles of road, disturbing 965 acres. Maximum development of the basin would result in 499 well pads and 203 miles of road, which would disturb 1,843 acres.
Environmentalists are aghast at any further gas development in the Northern San Juan Basin. What particularly alarms them is the gas companies' desire to drill in the HD Mountains.
* * *
Environmentalists say gas production threatens old-growth ponderosa pine, pre-historic Puebloan sites and wildlife habitat. It also is a threat to the health of area residents because gas producers could drill near the Fruitland outcrop where the coal seam is near the surface. Drilling near the outcrop has been fingered as the culprit for underground coal fires and hazardous amounts of methane gas in homes north of Bayfield.
* * *
Stiles said the Forest Service is concerned more about the location of well pads and the amount of land that is disturbed than about the number of pads or wells. He said that horizontal drilling preferred by environmentalists because it allows a number of wells on a single pad is a consideration. He said the 211 pads recommended in the Forest Service preferred alternative would allow up to 283 bores.
The estimated coal-bed methane reserve, including production to date, in the Northern San Juan Basin is 2.5 trillion cubic feet, potentially worth $7.5 billion in gross revenue. The production life of the region is estimated at 25 years."
The Forest Service News Release is here. The DEIS is here.
FEDERAL REGISTER, Jun. 10, 2004
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-COE-G61042-NM Rating LO, The Closure of the Al Black Recreation Area at the Cochiti Lake Dam Outlet Works, Implementation, Sandoval County, NM.
ERP No. D-FHW-F40423-WI Rating EC2, Wisconsin Highway Project, Enhance the Mobility of Motorized and Nonmotorized Travel, U.S. 18/151 (Verona Road) and the U.S. 12/14 (Beltine) Corridors, Dane County, WI.
ERP No. D-NPS-F65047-OH Rating LO, Fallen Timbers Battlefield and Fort Miamis National Historic Site, General Management Plan, Implementation, Lucas County, OH.
ERP No. D-SFW-L65451-AK Rating LO, Alaska Peninsula and Becharof National Wildlife Refuges, Draft Revised Comprehensive Conservation Plan, Implementation, AK.
Final EISs
ERP No. F-IBR-G39036-NM, City of Albuquerque Drinking Water Project to Provide a Sustainable Water Supply for Albuquerque through Direct and Full Consumptive Use of the City's San Juan-Chama (SJC) Water for Potable Purposes, Funding, Right-of-Way Grant and U.S. Army COE Section 404 Permit Issuance, City of Albuquerque, NM.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of the following Environmental Impact Statements Filed June 1, 2004, Through June 4, 2004:
EIS No. 040261, DRAFT EIS, BLM, CO, Northern San Juan Basin Coal Bed Methane Project, Proposed to Drill Approximately 300 Well to Produce Natural Gas from Coal Beds on Federal, State and Private Owned Lands, Special-Use-Permit, Application for Permit to Drill and U.S. Army COE Section 404 Permit, LaPlata and Archulea Counties, CO, Comment Period Ends: September 13, 2004, Contact: Walt Brown (970) 385-1372. The Department of the Interior's Bureau of Land Management and the U.S. Department of Agriculture's Forest Service are Joint Lead Agencies for the above Project.
EIS No. 040262, FINAL EIS, FHW, NC, Second Bridge to Oak Island Transportation Improvement Project, SR-1104 (Beach Drive) to NC-211, Funding, U.S. Army COE Section 404 and U.S. Coast Guard Bridge Permits Issuance, Brunswick County, NC, Wait Period Ends: July 12, 2004, Contact: John F. Sullivan (919) 856-4346.
EIS No. 040263, DRAFT EIS, HUD, CA, Marysville Hotel Demolition Project, Proposed Acquisition and Demolition of Building, City of Marysville, Yuba County, CA, Comment Period Ends: July 26, 2004, Contact: Gary Price (530) 749-3904.
EIS No. 040264, FINAL EIS, AFS, CO, Upper Blue Stewardship Project, Vegetation Management, Travel Management, and Dispersed Camping Sites Designation, Implementation, U.S. Army COE 404 Permit, White River National Forest, Dillon Ranger District, Summit County, CO, Wait Period Ends: July 12, 2004, Contact: Peech Keller (970) 262-3495.
EIS No. 040265, FINAL 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, Wait Period Ends: July 12, 2004, Contact: Kevin Treese (814) 776-6172.
EIS No. 040266, FINAL EIS, BLM, WY, West Hay Creek Coal Lease Application, Federal Coal Leasing, Buckskin Mine, Powder River Basin, Campbell County, WY, Wait Period Ends: July 12, 2004, Contact: Patricia Karbs (307) 261-7612. This document is available on the Internet here.
EIS No. 040267, FINAL EIS, COE, NM, Closure of the Al Black Recreation Area at the Cochiti Lake Dam Outlet Works, Implementation, Sandoval County, NM, Wait Period Ends: July 12, 2004, Contact: Ernest Jahnke (505) 342-3416.
EIS No. 040268, DRAFT EIS, NPS, CA, Santa Monica Mountains National Recreation Area, Fire Management Plan, Implementation, Santa Monica Mountains, CA, Comment Period Ends: September 15, 2004, Contact: Marty O'Toole (805) 370-2364.
EIS No. 040269, FINAL EIS, FRC, OR, Pelton Round Butte Hydroelectric Project, (FERC No. 2030-036), Application for a New License for Existing 366.82-megawatt Project, Deschutes River, OR, Wait Period Ends: July 12, 2004, Contact: Nicholas JayJack (202) 502-8902.
EIS No. 040270, DRAFT EIS, AFS, ID, American and Crooked Rivers Project, Improve Forest Health and Reduce Hazardous Fuels, Implementation, Nez Perce National Forest, Red River Ranger District, Idaho County, ID, Comment Period Ends: July 26, 2004, Contact: Phil Jahn (208) 983-1950.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Impact Statement that will discuss the environmental impacts of Transcontinental Gas Pipe Line Corporation's planned Central New Jersey Expansion Project located in Burlington County, New Jersey, Request for Comments on Environmental Issues and Notice of Scoping Meeting.
DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for the development of the Long Island Rail-Truck Intermodal Facility on a portion of the Pilgrim State Hospital property, located in the Town of Islip, Suffolk County, New York.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Draft Supplemental Environmental Impact Statement for a Pit Expansion Project, Proposed Expansion of Existing Gold Mining/Processing Operations, Lander County, NV.
NUCLEAR REGULATORY COMMISSION Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Millipore Corporation's Facility in Lincoln Park, NJ.
FBI ISSUES ECO-TERROR ALERT
FOX News has a report that the FBI has learned that supporters of eco-terrorist loser Jeff "Free" Luers are planning a series of exploits in commemoration of his June 16, 2000 conviction. "Free" is currently serving 22 years in the federal pen.
"The FBI warned law enforcement agencies of the potential for criminal activity in response to a call for action in support of a convicted eco-terrorist, according to the weekly bulletin issued by the agency and obtained by Fox News.
'Supporters of anarchist and convicted arsonist Jeff Luers (search) have designated Saturday, June 12, 2004 an 'International Day of Action and Solidarity with Jeff 'Free' Luers,' alternatively entitled 'J12,'' the FBI said in the bulletin.
'J12 events are planned in Eugene, Oregon; Olympia, Washington; San Francisco and Modesto, California; Lawrence, Kansas; Morgantown, West Virginia; Worcester, Massachusetts; Portland, Maine; and Lake Worth, Florida.'
Luers is from Eugene, Ore. According to the FBI, he is widely celebrated as a martyr within anarchist and extremist animal rights and environmental circles.
On June 16, 2000, he was convicted for his involvement in an Earth Liberation Front (search)-style arson at a truck dealership and an attempted arson at an oil company in Eugene. He is serving a 22-year prison sentence — the longest, according to the FBI, ever handed down for eco-terrorist actions in the U.S.
The ELF is a radical group of environmentalists that has claimed responsibility for various acts of arson and vandalism and is listed as the FBI's No. 1 domestic terrorism priority.
'Luers' notoriety could potentially inspire autonomous ELF cells to carry out symbolic actions in solidarity with Luers against traditional targets, such as SUV (search) dealerships, lumber logging facilities, and residential construction sites in environmentally sensitive areas during J12 events,' the FBI noted.
'While the FBI has no specific information regarding planned terrorist actions to coincide with J12 events, law enforcement officers should be alert to indicators of possible terrorist planning, including suspicious surveillance of targeted industries, such as SUV dealerships, animal research laboratories and construction sites,' the FBI said in the bulletin."
"The FBI warned law enforcement agencies of the potential for criminal activity in response to a call for action in support of a convicted eco-terrorist, according to the weekly bulletin issued by the agency and obtained by Fox News.
'Supporters of anarchist and convicted arsonist Jeff Luers (search) have designated Saturday, June 12, 2004 an 'International Day of Action and Solidarity with Jeff 'Free' Luers,' alternatively entitled 'J12,'' the FBI said in the bulletin.
'J12 events are planned in Eugene, Oregon; Olympia, Washington; San Francisco and Modesto, California; Lawrence, Kansas; Morgantown, West Virginia; Worcester, Massachusetts; Portland, Maine; and Lake Worth, Florida.'
Luers is from Eugene, Ore. According to the FBI, he is widely celebrated as a martyr within anarchist and extremist animal rights and environmental circles.
On June 16, 2000, he was convicted for his involvement in an Earth Liberation Front (search)-style arson at a truck dealership and an attempted arson at an oil company in Eugene. He is serving a 22-year prison sentence — the longest, according to the FBI, ever handed down for eco-terrorist actions in the U.S.
The ELF is a radical group of environmentalists that has claimed responsibility for various acts of arson and vandalism and is listed as the FBI's No. 1 domestic terrorism priority.
'Luers' notoriety could potentially inspire autonomous ELF cells to carry out symbolic actions in solidarity with Luers against traditional targets, such as SUV (search) dealerships, lumber logging facilities, and residential construction sites in environmentally sensitive areas during J12 events,' the FBI noted.
'While the FBI has no specific information regarding planned terrorist actions to coincide with J12 events, law enforcement officers should be alert to indicators of possible terrorist planning, including suspicious surveillance of targeted industries, such as SUV dealerships, animal research laboratories and construction sites,' the FBI said in the bulletin."
Wednesday, June 09, 2004
DOT v. PUBLIC CITIZEN
A brief summary:
In Part II(A) of the opinion, the Court makes it clear that a person challenging an agency's failure to examine alternatives in a NEPA document must have raised those objections in their comments on the document. Justice Thomas writes:
"Persons challenging an agency’s compliance with NEPA must ‘structure their participation so that it...alerts the agency to the [parties’] position and contentions,’ in order to allow the agency to give the issue meaningful consideration. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U. S. 519, 553 (1978). None of the respondents identified in their comments any rulemaking alternatives beyond those evaluated in the EA, and none urged FMCSA to consider alternatives. Because respondents did not raise these particular objections to the EA, FMCSA was not given the opportunity to examine any proposed alternatives to determine if they were reasonably available. Respondents have therefore forfeited any objection to the EA on the ground that it failed adequately to discuss potential alternatives to the proposed action."
This is tempered somewhat by the first sentence of the next paragraph of the opinion:
"Admittedly, the agency bears the primary responsibility to ensure that it complies with NEPA, and an EA's or an EIS's flaws might be so obvious that there is no need for a commentator to point them out specifically in order to preserve its ability to challenge a proposed action. (citation omitted)."
In Part II(B) of the opinion, the Court states and applies a standard for determining whether the causal relationship between effects resulting in environmental impacts and a federal "cause" are sufficient to trigger the requirements of NEPA. The Court restates the principle that "a 'but for' causal relationship is insufficient to make an agency responsible for a particular effect under NEPA and the relevant regulations," and that, instead, "NEPA requires 'a reasonably close causal relationship' between the environmental effect and the alleged cause," which is described as analogous to the "familiar doctrine of proximate cause from tort law." (J. Thomas cites Prosser & Keeton).
Justice Thomas next states that the "rule of reason" which the Court finds is "inherent in NEPA and its implementing regulations," relieves agencies from any obligation to prepare a NEPA document which "would serve 'no purpose' in light of NEPA's regulatory scheme as a whole." The Court then finds that preparation of an EIS analyzing the air quality impacts of Mexican trucks would not serve either of the two purposes underlying the NEPA EIS requirement: (1) that the agency in reaching its decision, will have available, and will carefully consider, detailed information concerning significant environmental impacts; and (2) that the relevant information will be made available to the larger audience that may also play a role in both the decision-making process and the implementation of that decision. The Court based this finding on its determination that "[s]ince FMCSA has no ability categorically to prevent the cross-border operations of Mexican motor carriers, the environmental impact of the cross-border operations would have no effect on FMCSA's decisionmaking--FMCSA simply lacks the power to act on whatever information may be contained in the EIS." Moreover, "the 'larger audience' can have no impact on FMCSA's decisionmaking, since...FMCSA simply could not act on whatever input this 'larger audience' could provide." The Court concludes that "[i]t would not, therefore, satisfy NEPA's 'rule of reason' to require an agency to prepare a full EIS due to the environmental impact of an action it could not refuse to perform."
Thus, according to the Court, the existence of NEPA-triggering causality is determined by the effect of the environmental impact(s) of an action on agency decision-making. If, as here, the environmental impacts would have "no effect" on agency decision-making, then neither of the two purposes underlying the NEPA documentation requirement would be served by the preparation of a NEPA document.
In Part II(C) of the opinion, the Court states its holding that "where an agency has no ability to prevent a certain effect due to its limited statutory authority over the relevant actions, the agency cannot be considered a legally relevant 'cause' of the effect." The Court goes on to state that "[h]ence, under NEPA and the implementing CEQ regulations, the agency need not consider these effects in its EA when determining whether its action is a 'major federal action.'"
In Part III of the opinion, the Court addresses the Clean Air Act issues raised in the litigation. The Court states that "the EPA has made clear that for purposes of evaluating causation in the conformity review process, some sort of 'but for' causation is sufficient." Using this standard, the Court determined that the emissions from the Mexican trucks are not "direct" and that FMCSA cannot practicably control, nor will it maintain control over those emissions. Thus, "[t]he emissions from the Mexican trucks are neither 'direct' nor 'indirect' emissions caused by the issuance of FMCSA's proposed regulations" and "FMCSA did not violate the CAA or the applicable regulations by failing to consider them when it evaluated whether it needed to perform a full 'conformity determination.'"
In Part II(A) of the opinion, the Court makes it clear that a person challenging an agency's failure to examine alternatives in a NEPA document must have raised those objections in their comments on the document. Justice Thomas writes:
"Persons challenging an agency’s compliance with NEPA must ‘structure their participation so that it...alerts the agency to the [parties’] position and contentions,’ in order to allow the agency to give the issue meaningful consideration. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U. S. 519, 553 (1978). None of the respondents identified in their comments any rulemaking alternatives beyond those evaluated in the EA, and none urged FMCSA to consider alternatives. Because respondents did not raise these particular objections to the EA, FMCSA was not given the opportunity to examine any proposed alternatives to determine if they were reasonably available. Respondents have therefore forfeited any objection to the EA on the ground that it failed adequately to discuss potential alternatives to the proposed action."
This is tempered somewhat by the first sentence of the next paragraph of the opinion:
"Admittedly, the agency bears the primary responsibility to ensure that it complies with NEPA, and an EA's or an EIS's flaws might be so obvious that there is no need for a commentator to point them out specifically in order to preserve its ability to challenge a proposed action. (citation omitted)."
In Part II(B) of the opinion, the Court states and applies a standard for determining whether the causal relationship between effects resulting in environmental impacts and a federal "cause" are sufficient to trigger the requirements of NEPA. The Court restates the principle that "a 'but for' causal relationship is insufficient to make an agency responsible for a particular effect under NEPA and the relevant regulations," and that, instead, "NEPA requires 'a reasonably close causal relationship' between the environmental effect and the alleged cause," which is described as analogous to the "familiar doctrine of proximate cause from tort law." (J. Thomas cites Prosser & Keeton).
Justice Thomas next states that the "rule of reason" which the Court finds is "inherent in NEPA and its implementing regulations," relieves agencies from any obligation to prepare a NEPA document which "would serve 'no purpose' in light of NEPA's regulatory scheme as a whole." The Court then finds that preparation of an EIS analyzing the air quality impacts of Mexican trucks would not serve either of the two purposes underlying the NEPA EIS requirement: (1) that the agency in reaching its decision, will have available, and will carefully consider, detailed information concerning significant environmental impacts; and (2) that the relevant information will be made available to the larger audience that may also play a role in both the decision-making process and the implementation of that decision. The Court based this finding on its determination that "[s]ince FMCSA has no ability categorically to prevent the cross-border operations of Mexican motor carriers, the environmental impact of the cross-border operations would have no effect on FMCSA's decisionmaking--FMCSA simply lacks the power to act on whatever information may be contained in the EIS." Moreover, "the 'larger audience' can have no impact on FMCSA's decisionmaking, since...FMCSA simply could not act on whatever input this 'larger audience' could provide." The Court concludes that "[i]t would not, therefore, satisfy NEPA's 'rule of reason' to require an agency to prepare a full EIS due to the environmental impact of an action it could not refuse to perform."
Thus, according to the Court, the existence of NEPA-triggering causality is determined by the effect of the environmental impact(s) of an action on agency decision-making. If, as here, the environmental impacts would have "no effect" on agency decision-making, then neither of the two purposes underlying the NEPA documentation requirement would be served by the preparation of a NEPA document.
In Part II(C) of the opinion, the Court states its holding that "where an agency has no ability to prevent a certain effect due to its limited statutory authority over the relevant actions, the agency cannot be considered a legally relevant 'cause' of the effect." The Court goes on to state that "[h]ence, under NEPA and the implementing CEQ regulations, the agency need not consider these effects in its EA when determining whether its action is a 'major federal action.'"
In Part III of the opinion, the Court addresses the Clean Air Act issues raised in the litigation. The Court states that "the EPA has made clear that for purposes of evaluating causation in the conformity review process, some sort of 'but for' causation is sufficient." Using this standard, the Court determined that the emissions from the Mexican trucks are not "direct" and that FMCSA cannot practicably control, nor will it maintain control over those emissions. Thus, "[t]he emissions from the Mexican trucks are neither 'direct' nor 'indirect' emissions caused by the issuance of FMCSA's proposed regulations" and "FMCSA did not violate the CAA or the applicable regulations by failing to consider them when it evaluated whether it needed to perform a full 'conformity determination.'"
FEDERAL REGISTER, Jun. 9, 2004
DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare a Draft Environmental Impact Statement for the Liberty State Park Ecosystem Restoration Project, Jersey City, Hudson County, NJ.
DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Sacramento River Deep Water Ship Channel, California.
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Intent To Prepare a Joint Environmental Impact Statement/Environmental Impact Report and Hold Scoping Meetings for Ontario International Airport, Ontario, CA.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Algonquin Gas Transmission Company’s Proposed I-8 Uprate Project, involving construction and operation of facilities by Algonquin Gas Transmission Company (Algonquin) in Norfolk County, Massachusetts, and Request for Comments on Environmental Issues.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Draft Amendment to the Northeast National Petroleum Reserve--Alaska (NPR-A) Integrated Activity Plan/Environmental Impact Statement (IAP/EIS).
SUMMARY: The Bureau of Land Management announces the availability of the Draft Amendment to the Northeast National Petroleum Reserve--Alaska (NPR-A) Integrated Activity Plan/Environmental Impact Statement (IAP/EIS). The planning area is roughly bounded by the Beaufort Sea to the North, the Ikpikpuk River to the west and the Colville River to the east and south of the planning area (Map 1-3). The entire document can also be reviewed at the project Web site, here.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent To Prepare a Resource Management Plan Amendment and Environmental Assessment for the Dune Allen II Tract.
SUMMARY: The Bureau of Land Management Eastern States (BLM-ES) Jackson Field Office, in Jackson, Mississippi, is initiating the preparation of a Resource Management Plan Amendment to consider the disposal of public land (Dune Allen II Tract) in Walton County, Florida. This action will require the preparation of an Environmental Assessment (EA).
NUCLEAR REGULATORY COMMISSION published Notice of Environmental
Assessment and Finding of No Significant Impact for issuance of an exemption from the requirements in Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Appendix G, ``Fracture Toughness Requirements'' for Facility Operating License Nos. DPR-77 and DPR-79, issued to Tennessee Valley Authorit, for operation of the Sequoyah Nuclear Plant, located in Hamilton County, Tennessee.
Tuesday, June 08, 2004
BORDERLAND REACTS TO SCOTUS TRUCK RULING
The El Paso Times has a report on Mexican truckers who are ready to roll:
"Rene Hernandez Garcia, 45, said he felt ready to drive in the United States.
'American roads are safer (than Mexican roads) and I already know the (road) signs because I used to work in the United States and I have an American driver's license. The language might be a problem outside of Texas,' he said in Spanish. 'But in Texas, everybody speaks Spanish.'"
The Times' editorial opinion is here.
The Brownsville Herald has a report on Mexican truckers who fear U.S. competition:
"Leonardo Varela fears that a ruling Monday by the U.S. Supreme regarding the free access of Mexican trucks into American roadways will put him out of business.
Varela, a Reynosa truck owner for 25 years, said most Mexican truck owners are not ready to compete with the powerful American trucking industry, because it will devour them."
The San Diego Union-Tribune has this report, and this editorial.
The Arizona Republic has this report, a report on local economic impacts, a report that Mexican truckers just want to be accepted.
The Arizona Daily Star has this report, and this editorial.
"Rene Hernandez Garcia, 45, said he felt ready to drive in the United States.
'American roads are safer (than Mexican roads) and I already know the (road) signs because I used to work in the United States and I have an American driver's license. The language might be a problem outside of Texas,' he said in Spanish. 'But in Texas, everybody speaks Spanish.'"
The Times' editorial opinion is here.
The Brownsville Herald has a report on Mexican truckers who fear U.S. competition:
"Leonardo Varela fears that a ruling Monday by the U.S. Supreme regarding the free access of Mexican trucks into American roadways will put him out of business.
Varela, a Reynosa truck owner for 25 years, said most Mexican truck owners are not ready to compete with the powerful American trucking industry, because it will devour them."
The San Diego Union-Tribune has this report, and this editorial.
The Arizona Republic has this report, a report on local economic impacts, a report that Mexican truckers just want to be accepted.
The Arizona Daily Star has this report, and this editorial.
FEDERAL REGISTER, Jun. 8, 2004
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of the Final Environmental Impact Statement for Freeport LNG Development’s Proposed Freeport LNG Project.
DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for a proposed highway project in Los Angeles County, California.
DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for a proposed highway project in Suffolk County, New York.
Monday, June 07, 2004
UNITED STATES SUPREME COURT, Jun. 7, 2004
The Court issued its opinion in Department of Transportation v. Public Citizen, Justice Thomas writing for the unanimous Court, which held that NEPA and the Clean Air Act do not require DoT to evaluate the impacts of Mexican trucks on air quality.
Opinion is here. Syllabus is here. Both are here. AP report (via the Fort Worth Star-Telegram) is here.
Howard Bashman has more here. SCOTUSBlog has more here.
Opinion is here. Syllabus is here. Both are here. AP report (via the Fort Worth Star-Telegram) is here.
Howard Bashman has more here. SCOTUSBlog has more here.
FEDERAL REGISTER, Jun. 7, 2004
DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for a proposed highway project, a hurricane evacuation route, the Houma-Thibodaux to LA 3127 project servicing Terrebonne, Lafourche, Assumption, St. James, St. John the Baptist, St. Charles, and St. Mary Parishes in Louisiana.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for the Fishlake National Forest, Utah, Fishlake OHV Route Designation Project.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Cancellation of Notice of Intent to prepare an Environmental Impact Statement for the McNally Fire Roadless Restoration Project.
SUMMARY: The Department of Agriculture, Forest Service is canceling the Notice of Intent (NOI) to prepare an environmental impact statement (EIS) that was published in the Federal Register on Friday, March 28, 2003, pages 15147 to 15148, to address the impacts of the McNally fire within the Rincon, Chico, and Cannell Roadless areas. The purpose of this EIS was to address and propose restoration of the damaged ecosystem due to the McNally fire within these roadless areas. The Sequoia National Forest proposes at this time that Roadless characteristics, while degraded, will be left to recover naturally.
DEPARTMENT OF HOMELAND SECURITY (Science and Technology Directorate) published Notice of Intent To Prepare an Environmental Impact Statement for the National Biosecurity Analysis and Countermeasures Center Facility at Fort Detrick, Maryland.
DEPARTMENT OF THE INTERIOR (Bureau of Indian Affairs) published Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Operations and Maintenance of the Flathead Indian Irrigation Project Upon Transfer.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Draft Environmental Impact Statement for the General Management Plan, Chattahoochee River National Recreation Area, GA. An electronic copy of DEIS/GMP is available for download in .pdf format on the Internet here, under the Chattahoochee River National Recreation Area section.
NUCLEAR REGULATORY COMMISSION published Notice of an Environmental Assessment and Finding of No Significant Impact for Entergy Operations Inc.’s Waterford Steam Electric Station, Unit 3, located in St. Charles Parish, Louisiana.
NUCLEAR REGULATORY COMMISSION published Notice of an Environmental Assessment and Finding of No Significant Impact for Tennessee Valley Authority’s Sequoyah Nuclear Plant, located in Hamilton County, Tennessee.
Friday, June 04, 2004
BLM RELEASES DESOLATION FLATS FEIS
The Casper Star-Tribune has an AP report:
"A proposed natural gas project is expected to strain housing and community services in the small southwest Wyoming towns of Baggs and Wamsutter, according to a federal environmental study.
In addition, the tax revenues from the project won't be enough to fund additional housing and infrastructure improvements that might be needed to absorb the arrival of more people, the study concluded.
The Bureau of Land Management recently released for public review the final Environmental Impact Statement for the Desolation Flats Natural Gas Development Project. The document analyzes the potential impacts of the drilling and production operations proposed for the area.
Marathon Oil, EOG Resources, Yates Petroleum and other companies are seeking BLM permission to drill up to 385 natural gas wells on 233,000 acres in the Desolation Flats area located about 21 miles south of Wamsutter.
The area lies primarily in eastern Sweetwater County and in a small portion of western Carbon County.
The BLM's Adobe Town Wilderness Study Area borders on the project's eastern side.
The environmental study said if the Desolation Flats project is approved, development would begin later this year and continue for about 20 years. Ongoing production could last up to 50 years.
The project area holds about 1.1 trillion cubic feet of natural gas, according to the federal estimates.
Operators are seeking to drill up to 385 natural gas wells at 361 well locations.
Currently, the area contains 63 producing and shut-in gas wells and a small infrastructure of pipelines and roads. The federal study said 542 miles of new roads and upgrades and 361 miles of new pipeline would be required.
The study said the project will boost the local economy, result in more jobs and yield increased taxes."
"A proposed natural gas project is expected to strain housing and community services in the small southwest Wyoming towns of Baggs and Wamsutter, according to a federal environmental study.
In addition, the tax revenues from the project won't be enough to fund additional housing and infrastructure improvements that might be needed to absorb the arrival of more people, the study concluded.
The Bureau of Land Management recently released for public review the final Environmental Impact Statement for the Desolation Flats Natural Gas Development Project. The document analyzes the potential impacts of the drilling and production operations proposed for the area.
Marathon Oil, EOG Resources, Yates Petroleum and other companies are seeking BLM permission to drill up to 385 natural gas wells on 233,000 acres in the Desolation Flats area located about 21 miles south of Wamsutter.
The area lies primarily in eastern Sweetwater County and in a small portion of western Carbon County.
The BLM's Adobe Town Wilderness Study Area borders on the project's eastern side.
The environmental study said if the Desolation Flats project is approved, development would begin later this year and continue for about 20 years. Ongoing production could last up to 50 years.
The project area holds about 1.1 trillion cubic feet of natural gas, according to the federal estimates.
Operators are seeking to drill up to 385 natural gas wells at 361 well locations.
Currently, the area contains 63 producing and shut-in gas wells and a small infrastructure of pipelines and roads. The federal study said 542 miles of new roads and upgrades and 361 miles of new pipeline would be required.
The study said the project will boost the local economy, result in more jobs and yield increased taxes."
ARMY TO PREPARE EIS FOR ALASKA TRAINING AREAS
The Fairbanks News-Miner has a report:
"The Army will do a full environmental impact statement on new training ranges it previously had proposed to locate near Delta Junction.
The announcement comes about nine months after the Army settled a lawsuit that the city of Delta Junction filed over the range location. Delta officials had said that the military's proposed ranges would be too noisy and would increase fire and flooding dangers.
In the settlement, the Army agreed to withdraw an 'environmental assessment' it prepared last year, said Pete Hallgren, Delta Junction city administrator.
* * *
Hallgren said Thursday that the Army agreed in the settlement to start over with a new environmental review--either an assessment or an impact statement. Under the federal National Environmental Policy Act, an impact statement is a more thorough review than an assessment.
The Army published a notice in the Federal Register on Tuesday saying it intends to complete an impact statement.
* * *
The Federal Register document states that the Army will consider sites not only on Fort Greely, which covers most of the land south of Delta Junction, but also on other military lands in Alaska.
In addition to the Eddy Drop Zone, options in the Delta area include:
* The Donnelly Drop Zone just east of Donnelly Dome in the Jarvis Creek drainage, 10 miles south of the Eddy Drop Zone.
* The North Texas Range, which lies a few miles northwest of Donnelly Dome but still on the east side of the Delta River.
* A spot in the western Donnelly Training Area, about 15 miles southwest of Delta Junction near where an upper tributary of Clear Creek forks.
* An area near the Gerstle River, 30 miles southeast of Delta.
* Another area near the Black Rapids, in the Alaska Range 40 miles south of Delta.
Other areas under consideration include: The Tanana Flats Training Area, which covers a broad lowland south of Fairbanks; the Yukon Training Area, in the hills east of Eielson Air Force Base; and Fort Richardson in Anchorage.
The Army wants to develop two training ranges next to each other to simulate both urban and open-land warfare.
The urban site, called a Combined Arms Collective Training Facility, would have buildings and could host simulated battles involving a company--about 120 soldiers--or even larger groups. No live fire would be allowed. A similar facility recently opened on the Fort Wainwright Army Post near Fairbanks.
The open-land training site, called a Battle Area Complex or BAX, would also host simulated battles at the company level or larger, but with live fire."
The Federal Register Notice is here.
"The Army will do a full environmental impact statement on new training ranges it previously had proposed to locate near Delta Junction.
The announcement comes about nine months after the Army settled a lawsuit that the city of Delta Junction filed over the range location. Delta officials had said that the military's proposed ranges would be too noisy and would increase fire and flooding dangers.
In the settlement, the Army agreed to withdraw an 'environmental assessment' it prepared last year, said Pete Hallgren, Delta Junction city administrator.
* * *
Hallgren said Thursday that the Army agreed in the settlement to start over with a new environmental review--either an assessment or an impact statement. Under the federal National Environmental Policy Act, an impact statement is a more thorough review than an assessment.
The Army published a notice in the Federal Register on Tuesday saying it intends to complete an impact statement.
* * *
The Federal Register document states that the Army will consider sites not only on Fort Greely, which covers most of the land south of Delta Junction, but also on other military lands in Alaska.
In addition to the Eddy Drop Zone, options in the Delta area include:
* The Donnelly Drop Zone just east of Donnelly Dome in the Jarvis Creek drainage, 10 miles south of the Eddy Drop Zone.
* The North Texas Range, which lies a few miles northwest of Donnelly Dome but still on the east side of the Delta River.
* A spot in the western Donnelly Training Area, about 15 miles southwest of Delta Junction near where an upper tributary of Clear Creek forks.
* An area near the Gerstle River, 30 miles southeast of Delta.
* Another area near the Black Rapids, in the Alaska Range 40 miles south of Delta.
Other areas under consideration include: The Tanana Flats Training Area, which covers a broad lowland south of Fairbanks; the Yukon Training Area, in the hills east of Eielson Air Force Base; and Fort Richardson in Anchorage.
The Army wants to develop two training ranges next to each other to simulate both urban and open-land warfare.
The urban site, called a Combined Arms Collective Training Facility, would have buildings and could host simulated battles involving a company--about 120 soldiers--or even larger groups. No live fire would be allowed. A similar facility recently opened on the Fort Wainwright Army Post near Fairbanks.
The open-land training site, called a Battle Area Complex or BAX, would also host simulated battles at the company level or larger, but with live fire."
The Federal Register Notice is here.
FEDERAL REGISTER, Jun. 4, 2004
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs, which should have appeared in the May 28, 2004 Federal Register:
Draft EISs
ERP No. D-AFS-J65410-WY Rating EC2, Upper Green River Area Rangeland Project, Propose Site Specific Grazing Management Practices.
ERP No. D-AFS-L65441-OR Rating EC2, Easy Fire Recovery Project and Proposed Nonsignificant Forest Plan Amendments, Timber Salvage, Future Fuel Reduction, Road Reconstruction and Maintenance, Road Closure, Tree Planting and Two Non-significant Forest Plan Amendments, Implementation, Malheur National Forest, Prairie City Ranger District, Grant County.
ERP No. D-AFS-L65449-AK Rating EC2, Couverden Timber Sales, Harvesting Timber, NPDES, Coast Guard Bridge Permit, U.S. Army COE Section 10 and 404 Permits, Tongass National Forest, Juneau Ranger District, Chilkat Peninsula, AK.
ERP No. D-AFS-L65452-ID Rating EC2, South Fork Wildfire Salvage Project, Harvesting Fire-Killed and Imminently Dead Trees, Cascade Ranger District, Boise National Forest, Valley County, ID.
ERP No. D-NPS-F08011-WI Rating LO, Arrowhead-Weston Transmission Line Right-of-Way Crossing of the St. Croix National Scenic Riverway, U.S. Army COE Section 10 and 404 Permits, Washburn County, WI.
ERP No. D-NPS-G65017-TX Rating LO, Rio Grande Wild and Scenic River General Management Plan, Implementation, Big Bend National Park, Brewster and Terrell Counties, TX.
ERP No. D-UAF-K11113-00 Rating EC2, Air Force Mission at Johnston Atoll Airfield (Installation) Termination, Implementation, Johnston Atoll is an Unincorporated Territory of the United States.
Final EISs
ERP No. F-AFS-J35006-UT Fox and Crescent Reservoirs Maintenance Project, Dam Structures Operation and Maintenance, Special Use Permit Issuance, High Uintas Wilderness, Ashley National Forest, Uinta Basin, Duchesne County, UT.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-AFS-J65403-00 Rating EC2, Southern Rockies Canada Lynx Amendment, Incorporating Management Direction for Canada Lynx Habitat by Amending Land and Resource Management Plans for Arapaho-Roosevelt, Pike-San Isabel, Grand Mesa-Uncompahgre-Gunnison, San Juan, Rio Grande and Medicine Bow-Routt National Forests, Implementation, CO and WY.
ERP No. D-AFS-J65411-MT Rating EC2, Snow Talon Fire Salvage Project, Proposes to Salvage Harvest Trees Burned in the Fire, Helena National Forest, Lincoln Ranger District, Lewis and Clark County, MT.
ERP No. D-AFS-J65412-MT Rating EC2, Grasshopper Fuels Management Project, Modify Vegetation Conditions, Reduce Fuel Loads and Break up Fuel Continuity, Beaverhead-Deerlodge National Forest, Dillon Ranger District, Beaverhead County, MT.
ERP No. D-AFS-L65454-OR Rating EC2, Diamond Lake Restoration Project, Improve Water Quality and the Recreational Fishery, Umpqua National Forest, Diamond Lake Ranger District, Umpqua River Basin, Douglas County, OR.
ERP No. D-AFS-L65456-AK Rating EC2, Resurrection Creek Stream and Riparian Restoration Project, Proposes to Accelerate the Recovery of Riparian Areas, Fish and Wildlife Habitat, Chugach National Forest, Seward Ranger District, Kenai Peninsula Borough, AK.
ERP No. DS-AFS-L65378-ID Rating LO, Clean Slate Ecosystem Management Project, Aquatic and Terrestrial Restoration, Updated Information, Alternatives for the Identifies Unroaded Areas, Nez Perce National Forest, Salmon River Ranger District, Idaho County, ID.
Final EISs
ERP No. F-AFS-B65010--VT Greendale Project, Establishment of the Desired Condition stated in the Green Mountain National Forest Land and Resource Management Plan, Manchester Ranger District, Town of Western, Windor County, VT.
ERP No. F-AFS-E65065-KY Daniel Boone National Forest Land and Resource Management Plan Revision, Implementation, Winchester, several counties, KY.
ERP No. F-AFS-J65395-WY Lost Cabin Mine Project, Improvement of Historic Mining Road (Way 4170H) to Allow Motorized Access to the Lost Mine for Mineral Exploration, Plan-of -Operations, Medicine-Bow Routt National Forests and Thunder Basin National Grassland, Carbon County, WY.
ERP No. F-FAA-B51020-CT Groton-New London Airport, Construction of Runway 5-23 Safety Area, Permits and Approvals, Town of Groton, New London County, CT.
ERP No. F-FHW-C40160-NY Cumberland Head Connector Road Construction, County Road 57 between U.S. 9 and the Peninsula (known as the Parkway), Funding, Town of Plattsburg, Clinton County, NY.
ERP No. F-FHW-F40404-MN Trunk Highway (TH) 53 Project, Transportation Improvements, from 1.2 km (3/4 mile) South of St. Louis County Road 307 to the South City Limits of Cook, NPDES Permit, COE Section 10 and 404 Permits, St. Louis County, MN.
ERP No. F-NPS-B61024-MA Boston Harbor Islands National Recreation Area, Implementation, General Management Plan, Boston, MA.
ERP No. FA-FHW-B40037-RI Jamestown Bridge Replacement, Funding, North Kingstown and Jamestown, Washington and Newport Counties, RI.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of the following Environmental Impact Statements Filed May 17, 2004 Through May 21, 2004, which should have appeared in the May 28, 2004 Federal Register (The 45-day comment period and the 30-day wait period are still calculated from May 28, 2004):
EIS No. 040233, Revised Final EIS, BLM, NM, Sierra and Otero Counties Resource Management Plan Amendment and Federal Fluid Minerals Leasing and Development, Additional Information to Improve the Public Understanding of the Proposed Plan, Implementation, Sierra and Otero Counties, NM, Wait Period Ends: June 23, 2004, Contact: Tom Phillips (505) 515-4377. This document is available on the Internet here.
EIS No. 040234, Final EIS, AFS, WA, 49 Degrees North Mountain Resort Revised Master Development Plan, Implementation, Colville National Forest, Newport Ranger District, Stevens County, WA, Wait Period Ends: June 28, 2004, Contact: Nancy Glines (509) 447-7300. This document is available on the Internet here.
EIS No. 040235, Final EIS, AFS, MT, Basin Creek and Blacktail Hazardous Watershed Fuels Reduction Project, Implementation, Highland Mountains, Butte Ranger District, Beaverhead-Deerlodge National Forest, Butte-Silver Bow County, MT, Wait Period Ends: June 28, 2004, Contact: Karen Gallogly (406) 683-3948.
EIS No. 040236, Draft EIS, NPS, VA, Petersburg National Battlefield General Management Plan, Implementation, Petersburg, VA, Comment Period Ends: July 30, 2004, Contact: Bob Kirby (804) 732-3571. This document is available on the Internet here.
EIS No. 040237, Draft EIS, BIA, NV, Weber Dam Repair and Modification Project, Propose to Repair and Modify Dam, Walker River Paiute Tribe, Right-of-Way Grant and U.S. Army COE Section 404 Permit, Walker River Valley, Lyon and Mineral Counties, NV, Comment Period Ends: July 26, 2004, Contact: Amy L. Heuslein (602) 379-6750.
EIS No. 040238, Draft EIS, FHW, AR, I-69 Section of Independent Utility 13 EL Dorado to McGehee, Construction of Four-Lane Divided Access Facility, U.S. Coast Guard Bridge Permit, NPDES Permit and U.S. Army COE Section 404 Permit, Quachita River, Quachita, Union, Calhoun, Bradley Drew and Desha Counties, AR, Comment Period Ends: July 19, 2004, Contact: Randal Looney (501) 324-6430.
EIS No. 040239, Final EIS, BIA, UT, Tekoi Balefill Project on the Skull Valley Band of Goshute Indians Reservation, Approval of Long-Term Lease of Indian Land for a Commercial Solid Waste Disposal Facility, Salt Lake City, Tooele County, UT, Wait Period Ends: June 28, 2004, Contact: Amy L. Heuslein (602) 379-6750.
EIS No. 040240, DRAFT EIS, HUD, NY, Ridge Hill Village Project, Construction, Comprehensive Development Plan, (CDP), Planned Mixed-Use Development District (PMD), U.S. Army COE Section 404, City of Yonkers, Westchester County, NY, Comment Period Ends: July 12, 2004, Contact: Lee J. Ellman (914) 377-6558.
EIS No. 040241, Final EIS, USA, HI, Transformation of the 2nd Brigade, 25th Infantry Division (Light) to a Stryker Brigade Combat Team in Hawai'i, Implementation, Honolulu and Hawai'i Counties, HI, Wait Period Ends: June 28, 2004, Contact: Cindy Barger (808) 438-4812.
EIS No. 040242, Draft Supplement, FHW, NY, NY-9A Reconstruction Project, West Thames Street to Chambers Street in Lower Manhattan the Result of September 11, 2001 Attack, Lower Manhattan Redevelopment, New York County, NY, Comment Period Ends: July 28, 2004, Contact: Robert Arnold (518)431-4127. This document is available on the Internet here.
EIS No. 040243, Draft EIS, NOA, Reef Fish Fishery Management Plan (FMP) Amendment 23, To Set Vermilion Snapper Sustainable Fisheries Act Targets and Thresholds and to Establish a Plan to End Overfishing and Rebuild the Stock, Gulf of Mexico, Comment Period Ends: July 14, 2004, Contact: Peter Hood (727) 570-5305. This document is available on the Internet here.
EIS No. 040244, Final EIS, IBR, WA, Banks Lake Drawdown Project, Proposal to Lower the Water Surface Elevation from 1565 feet to 1560 feet in August of Each Year, Columbia River, Douglas and Grant Counties, WA, Wait Period Ends: June 28, 2004, Contact: Jim Blanchard (509) 754-0226.
EIS No. 040245, Final EIS, AFS, UT, Bear Hodges II Timber Sale Management Plan, Selective Timber Harvest of Spruce Stands With or Without Road Construction, Implementation, Wasatch National Forest (WCNF), Logan Ranger District, Cache and Rich Counties, UT, Wait Period Ends: June 28, 2004, Contact: Tom Scott (801) 625-5404. This document is available on the Internet here.
EIS No. 040246, Final EIS, GSA, DC, Southeast Federal Center Development, Land Transfer for Mixed-Use Development of Residences, Offices, Shops, a Waterfront Park and Cultural Amenities, Implementation, DC, Wait Period Ends: June 28, 2004, Contact: Arthur Turowski (202) 708-5891.
EIS No. 040247, Final EIS, SFW, CA, Multiple Habitat Conservation Program for Threatened and Endangered Species Due to the Urban Growth within the Planning Area, Adoption and Incidental Take Permits Issuance, San Diego County, CA, Wait Period Ends: June 28, 2004, Contact: Lee Ann Carranza (760) 431-9440.
EIS No. 040248, Final EIS, FRC, CT, Housatonic River Hydroelectric Project, Application to Relicense Existing Licenses for Housatonic Project No. 2576-022 and the Falls Village Project No. 2597-019, Housatonic River Basin, Fairfield, New Haven and Litchfield Counties, CT, Wait Period Ends: June 28, 2004, Contact: Jack Duckworth (202) 502-6392.
EIS No. 040249, Final EIS, AFS, ID, Mission Brush Project, Proposes Vegetation, Wildlife Habitat, Recreation and Aquatic Improvement Treatments, Idaho Panhandle National Forests, Bonners Ferry Ranger District, Bounty County, ID, Wait Period Ends: June 28, 2004, Contact: Dough Nishek (208) 267-5561.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of the following Environmental Impact Statements Filed May 24, 2004 Through May 28, 2004:
EIS No. 040250, Final EIS, AFS, NE, 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. Wait Period Ends: July 6, 2004, Contact: Jeffery S. Abegglen (308) 432-4475.
EIS No. 040251, Final Supplement, FHW, MI, US-31 Freeway Connection to I-94, Napier Avenue to I-94 Transportation Improvements, Berrien County, MI, Wait Period Ends: July 6, 2004, Contact: James Kirschensteiner (517) 702-1835.
EIS No. 040252, Final Supplement, AFS, NM, Agua/Caballos Timber Sale, Timber Harvest and Existing Vegetation Management, Implementation, Carson National Forest, EL Rito Ranger District, Taos County, NM, Wait Period Ends: July 6, 2004, Contact: Kurt Winchester (505) 758-6310. This document is available on the Internet here.
EIS No. 040253, Draft EIS, FHW, ID, Fernan Lake Safety Improvement Project, Proposal to Reconstruct or Resurface 17.2 km (10.7 mi) Idaho Forest Highway 80 (ID PFH 80) commonly known as Fernan Lake Road, Right-of-Way Permit, Idaho Panhandle National Forests, Coeur d' Alene River Ranger District, Kootenai County, ID, Comment Period Ends: July 31, 2004, Contact: Sajiad Aftab (360) 619-7895. This document is available on the Internet here.
EIS No. 040254, Final EIS, FRC, TX, Freeport Liquefied Natural Gas (LNG) Project, To Deliver Imported Liquefied Natural Gas to Shippers, Authorization of Site, Construction and Operation, Stratton Ridge Meter Station 2007, City of Freeport, Brazoria County, TX, Wait Period Ends: July 6, 2004, Contact: Thomas Russo (866) 208-3372.
EIS No. 040255, Draft Supplement, FHW, WA, Southeast Issaquah Bypass, Updated Information, Issaquah-Hobart Road in the South with I-90 at the Sunset Interchange, Right-of-Way Permit, NPDES Permit and U.S. Army COE Section 404 Permit, King County, WA, Comment Period Ends: July 30, 2004, Contact: Peter U. Eun (360) 753-9551.
EIS No. 040256, Final EIS, AFS, OR, Biscuit Fire Recovery Project, Various Management Activities Alternatives, Implementation, The Rogue River and Siskiyou National Forests, Josephine and Curry Counties, OR, Wait Period Ends: July 6, 2004, Contact: Tom Link (541) 471-6500. This document is available on the Internet here.
EIS No. 040257, Draft EIS, FTA, NY, NJ, Permanent World Trade Center (WTC) PATH Terminal Project, Reconstruction of a Permanent Terminal at the WTC Site in Lower Manhattan, Port Authority Trans-Hudson (PATH), Several Permits Required for Approval, The Port Authority of New York and New Jersey, NY and NJ, Comment Period Ends: July 21, 2004, Contact: Bernard Cohen (212) 668-1770. The document is available on the Internet here.
EIS No. 040258, Final EIS, UAF, Air Force Mission at Johnston Atoll Airfield (Installation) Termination, Implementation, Johnston Atoll is an Unincorporated Territory of the United States, Wait Period Ends: July 6, 2004, Contact: Patricia Vokoun (703) 604-5263.
EIS No. 040259, Final EIS, NOA, AK, Programmatic EIS--Alaska Groundfish Fisheries, New Information concerning the Ecosystem and a Preferred Alternative, Fishery Management Plans for the Groundfish Fishery of the Gulf of Alaska and the Groundfish of the Bering Sea and Aleutian Islands Area, North Pacific Fishery Management Council, AK, Wait Period Ends: July 6, 2004, Contact: James W. Balsiger (907) 586-7221. This document is available on the Internet here.
EIS No. 0240260, Final EIS, BLM, WY, Desolation Flats Natural Gas Field Development Project, Drilling Additional Development Wells, Carbon and Sweetwater Counties, WY, Wait Period Ends: July 6, 2004, Contact: David Simons (307) 367-5309. This document is available on the Internet here.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of the Environmental Assessment for Transwestern Pipeline Company’s Proposed San Juan 2005 Expansion Project. The EA assesses the potential environmental effects of the construction and operation of the proposed San Juan 2005 Expansion Project. Transwestern proposes to expand its natural gas system by the construction of approximately 72.6 miles of pipeline loop and modifying facilities at three existing compressor stations in New Mexico.
DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published Notice of Availability of the Final Environmental Impact Statement/Environmental Impact Report for an Incidental Take Permit for the Multiple Habitat Conservation Program, Carlsbad, CA.
DEPARTMENT OF THE INTERIOR (Minerals Management Service) published Notice of Preparation of an Environmental Assessment for Outer Continental Shelf (OCS), Central Planning Area, Oil and Gas Lease Sale 194 (2005).
DEPARTMENT OF THE INTERIOR (Minerals Management Service) published Notice of Preparation of an Environmental Assessment for Outer Continental Shelf (OCS), Central Planning Area, Oil and Gas Lease Sale 197 (2005).
Thursday, June 03, 2004
CALIFORNIA ENVIRONMENTAL LAW WEB LOG
An environmental blawg published by Alan Waltner, University Counsel with the University of California's Office of General Counsel, Responsible for Environmental Law Matters, is found here.
ENVIROS OPPOSE WILDERNESS EXPANSION PROPOSAL
The Corvallis Gazette-Times has an AP report:
"The 64,000 acres of new wilderness that the U.S. Forest Service wants to create within the area burned by the massive 2002 Biscuit Fire covers ground that has been fought over for more than 20 years by environmentalists trying to put old growth forests off-limits to logging.
Earth First! protesters laid down in front of bulldozers in 1983 to stop construction of the Bald Mountain Road through the North Kalmiopsis Roadless Area. Others climbed charred trees to stop salvage logging after the Silver Creek drainage burned in 1987.
Environmentalists, however, are far from supportive of the Forest Service's current wilderness proposal, saying it amounts to a trade-off for support to log other parts of the Siskiyou National Forest that should also be protected.
'The proposal on the table is simply an effort to give the lightest patina of greenness to a very ecologically damaging fiscally irresponsible logging proposal,' said Andy Kerr, a consultant working with the Oregon Natural Resources Council's effort to add 343,000 acres to the Kalmiopsis Wilderness — five times the Forest Service proposal."
"The 64,000 acres of new wilderness that the U.S. Forest Service wants to create within the area burned by the massive 2002 Biscuit Fire covers ground that has been fought over for more than 20 years by environmentalists trying to put old growth forests off-limits to logging.
Earth First! protesters laid down in front of bulldozers in 1983 to stop construction of the Bald Mountain Road through the North Kalmiopsis Roadless Area. Others climbed charred trees to stop salvage logging after the Silver Creek drainage burned in 1987.
Environmentalists, however, are far from supportive of the Forest Service's current wilderness proposal, saying it amounts to a trade-off for support to log other parts of the Siskiyou National Forest that should also be protected.
'The proposal on the table is simply an effort to give the lightest patina of greenness to a very ecologically damaging fiscally irresponsible logging proposal,' said Andy Kerr, a consultant working with the Oregon Natural Resources Council's effort to add 343,000 acres to the Kalmiopsis Wilderness — five times the Forest Service proposal."
GROUPS THREATEN SUIT ON WTC FEIS
Newsday has a report:
"An environmental battle is brewing between the agencies controlling World Trade Center redevelopment and two environmental groups who might sue to safeguard the Hudson River's water quality and fish.
Lawyers for Riverkeeper Inc. and the Natural Resources Defense Council say that an environmental impact statement finalized yesterday by the Lower Manhattan Development Corp. contains too few environmental guarantees.
The statement is a crucial step toward Gov. George Pataki's goal of starting work on the 1,776-foot Freedom Tower this summer. A lawsuit could delay construction.
* * *
At the heart of the dispute are plans to divert millions of gallons of river water per day to cooling and heating units, killing thousands of fish unlucky enough to be sucked into massive intake tubes. The plan essentially duplicates the system in place at the Twin Towers.
The statement also includes a sewer network similar to the trade center's, which pumps raw waste to a Brooklyn plant. The million-gallon-a-day flow contributed to waste overloads and sporadic sewage discharges in area waterways, critics say.
Instead, the green groups are pushing for a self-contained cooling system that eschews Hudson water and an on-site waste treatment plant to reduce or eliminate the burden on city sewers.
The Riverkeeper and NRDC would consider lawsuits if the plan isn't changed or if the state issues the Port Authority a preliminary permit for the water intake system, according to officials with both groups. State law gives them until August to file suits."
"An environmental battle is brewing between the agencies controlling World Trade Center redevelopment and two environmental groups who might sue to safeguard the Hudson River's water quality and fish.
Lawyers for Riverkeeper Inc. and the Natural Resources Defense Council say that an environmental impact statement finalized yesterday by the Lower Manhattan Development Corp. contains too few environmental guarantees.
The statement is a crucial step toward Gov. George Pataki's goal of starting work on the 1,776-foot Freedom Tower this summer. A lawsuit could delay construction.
* * *
At the heart of the dispute are plans to divert millions of gallons of river water per day to cooling and heating units, killing thousands of fish unlucky enough to be sucked into massive intake tubes. The plan essentially duplicates the system in place at the Twin Towers.
The statement also includes a sewer network similar to the trade center's, which pumps raw waste to a Brooklyn plant. The million-gallon-a-day flow contributed to waste overloads and sporadic sewage discharges in area waterways, critics say.
Instead, the green groups are pushing for a self-contained cooling system that eschews Hudson water and an on-site waste treatment plant to reduce or eliminate the burden on city sewers.
The Riverkeeper and NRDC would consider lawsuits if the plan isn't changed or if the state issues the Port Authority a preliminary permit for the water intake system, according to officials with both groups. State law gives them until August to file suits."
FEDERAL REGISTER, June 3, 2004
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Petersburg National Battlefield Draft General Management Plan, Draft Environmental Impact Statement, Petersburg National Battlefield, Petersburg, VA. The documents will be available on the Internet here.
DEPARTMENT OF AGRICULTURE (Natural Resources Conservation Service) published Notice of Intent to Prepare an Environmental Impact Statement for the Walnut Bayou Irrigation Project in the Red River Watershed, Little Rock, AR.
Wednesday, June 02, 2004
USFS ISSUES BISCUIT FIRE SALVAGE FEIS
The Portland Oregonian has an AP report:
"The U.S. Forest Service on Tuesday issued its final proposal for salvage logging within the massive 2002 Biscuit fire, reducing the timber harvested by nearly 30 percent to improve protections for fish and the threatened northern spotted owl.
The final environmental impact statement approved by Siskiyou National Forest Supervisor Scott Conroy calls for logging 370 million board feet of standing dead timber, most of it with helicopters, from 19,465 acres over the next two years, starting with areas less likely to be challenged in court by environmentalists. About 100 million board feet would be auctioned this year.
To increase the chances of logging taking place this summer, the project, at the suggestion of Sen. Ron Wyden, D-Ore., is being split into three records of decision to be signed July 6.
The parts include: 4,500 acres of so-called matrix lands, considered the least likely to be challenged because they are designated for timber harvest under the Northwest Forest Plan; 6,750 acres of old-growth forest reserves, where logging is allowed to improve fish and wildlife habitat; and 8,150 acres of roadless
"The U.S. Forest Service on Tuesday issued its final proposal for salvage logging within the massive 2002 Biscuit fire, reducing the timber harvested by nearly 30 percent to improve protections for fish and the threatened northern spotted owl.
The final environmental impact statement approved by Siskiyou National Forest Supervisor Scott Conroy calls for logging 370 million board feet of standing dead timber, most of it with helicopters, from 19,465 acres over the next two years, starting with areas less likely to be challenged in court by environmentalists. About 100 million board feet would be auctioned this year.
To increase the chances of logging taking place this summer, the project, at the suggestion of Sen. Ron Wyden, D-Ore., is being split into three records of decision to be signed July 6.
The parts include: 4,500 acres of so-called matrix lands, considered the least likely to be challenged because they are designated for timber harvest under the Northwest Forest Plan; 6,750 acres of old-growth forest reserves, where logging is allowed to improve fish and wildlife habitat; and 8,150 acres of roadless