Tuesday, August 31, 2004

BISCUIT SALVAGE INJUNCTIONS LIFTED 

The Salem Statesman-Journal has an AP report:

"A federal judge has lifted injunctions that had temporarily barred salvage logging of the 2002 Biscuit fire in Southern Oregon, but the legal battle is not over.T

he Forest Service said that logging in theory could start now, but environmentalists’ lawyers said that they would try to stop it pending an appeal.

The fire, which burned more than 500,000 acres in southwestern Oregon, was the worst wildfire in the nation that summer. It has led to one of the larger timber-salvage sales.

U.S. District Judge Michael Hogan of Eugene ruled Aug. 20 against Forest Service Employees for Environmental Ethics, which had sought to stop the logging because the Forest Service had left it up to the salvage buyers to determine which trees to mark for cutting.

That decision became official Friday.

The Seattle-based Western Environmental Law Center and Earth Justice also sought to prevent the salvage cutting and had won similar injunctions in consolidated cases that were lifted Monday.

The Aug. 20 ruling vacated an Aug. 3 preliminary injunction blocking harvests on five sales totaling 46.6 million board feet in old-growth forest reserves.

The ruling came after the Forest Service decided that it, and not the buyers, would mark which trees to cut and which to leave standing for wildlife.

John Fertig, a U.S Forest Service forester in timber sales in Medford, said that nothing blocks the beginning of cutting.

Most of the trees already have been marked, he said, and salvage could start in a matter of days barring further injunctions. In some cases, he said, cutting could begin immediately.

Kristin Boyles, a lawyer for Earth Justice in Seattle, said that the appeals would focus on issues they lost in court earlier, primarily the question of whether logging is appropriate in areas set aside to protect old-growth timber."

ENVIROS SUE NMFS ON LONGLINE SWORDFISHERY 

KPUA has an AP report:

"The National Marine Fisheries Service was sued today for reopening the Hawaii-based longline swordfish fishery.

The federal court lawsuit contends the service violated the Migratory Bird Treaty Act, the Endangered Species Act and the National Environmental Policy Act.

A spokeswoman with the National Oceanic and Atmospheric Admistration says the agency couldn't immedately comment because it hadn't had time to study the lawsuit.

The suit was filed by the environmental law firm Earthjustice on behalf of two environmental groups and a group of Native Hawaiian cultural practitioners.

The longline swordfish fishery was closed by a federal judge in 2000 because of the lack of an environmental impact statement. It was reopened by the service in April.

Earthjustice says the fishery will cause the deaths of black-footed albatross and Laysan albatross, as well as endangered sea turtles."

FEDERAL REGISTER, Aug. 31, 2004 

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare a Draft Supplemental Environmental Impact Statement for Mississippi River and Tributaries, Len Small Levee Project, Alexander County, IL.

DEPARTMENT OF DEFENSE (Department of the Army, Corps of Engineers) published Notice of Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report for a Permit Application for a Proposed Marine Terminal Expansion at Piers D, E and F in the Middle Harbor District of the Port of Long Beach, Los Angeles County, CA.

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published here.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Pattee Canyon Weed Management Project, Lolo National Forest, Missoula County, MT.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final Environmental Impact Statement/Fire Management Plan, Point Reyes National Seashore, Marin County, CA. The FEIS FMP can be obtained on the park's Web page, here.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent to Prepare an Environmental Impact Statement for an Elk Management Plan, Theodore Roosevelt National Park, North Dakota.

Monday, August 30, 2004

GROUP WANTS EA FOR BISCAYNE PERSONAL WATERCRAFT BAN 

The South Florida Sun-Sentinel carries this from the President of the Florida Water Access Coalition:

"Recent news reports and commentary make it abundantly clear that the debate over personal watercraft use at Biscayne National Park will be a contentious one.

A coalition of South Florida marine business owners, boat owners, manufacturers and others is asking for an environmental assessment, which is required by the National Park Service. Such an assessment was never conducted to enact the ban in the first place.

Most of the park is enjoyed by boat, which should come as no surprise, since 95 percent of it is covered by water. More than just pleasure boats, but cigarette boats and, on occasion, commercial shipping vessels and oil tankers travel through the park. Yet since 1998, personal watercraft have been targeted. Even before the 1998 suit against the National Park Service and the systemwide PWC ban, the managers of Biscayne National Park were already working on a ban of their own. The federal rule in 2000 conveniently provided the cover to blame Washington, D.C., bureaucrats for causing this problem.

But Washington bureaucrats aren't the problem. Bias about these boats and about those who ride them is the problem. The Florida Legislature passed a PWC anti-discrimination law in 2000, but it does not apply to state waters managed by National Park Service.

The only equitable resolution to this debate is for the park superintendent to begin an environmental assessment of personal watercraft."

FEDERAL REGISTER, Aug. 30, 2004 

DEPARTMENT OF ENERGY (Bonneville Power Administration) published Notice of Availability of Record of Decision for the electrical interconnection of the COB Energy Facility with the Federal Columbia River Transmission System, proposed for siting in Klamath County, Oregon, at BPA's Captain Jack Substation, also in Klamath County, Oregon.

FEDERAL ENERGY REGULATORY COMMISSION published Notice of Availability of Environmental Assessment for Flambeau Hydro LLC’s application for a new license for the Winter Hydroelectric Project, located on the East Fork of the Chippewa River, in Sawyer County, Wisconsin.

Friday, August 27, 2004

EA MAY BE REQUIRED FOR ALBERT ELLIS 

The Jacksonville (NC) Daily News has a report:

"U.S. Airways has officially added an eighth flight to its daily schedule starting Sept. 7 at Albert J. Ellis Airport.

But jet service will have to wait a little longer because negotiations between the Federal Aviation Administration, U.S. Airways and Ellis Airport are ongoing.

For now, all eight shuttle flights daily to Charlotte will continue to be served by 37-seat turboprops. The eighth daily flight, flight 4186, will arrive at Ellis Airport from Charlotte at 11:25 a.m. and depart for Charlotte at 12:10 p.m.

Since May, U.S. Airways has operated an eighth flight at Jacksonville on Tuesdays - when inbound traffic is heaviest with Marines reporting for duty at Camp Lejeune, said airport director, Jerry Vickers.

Vickers said he expects U.S. Airways to go back to seven daily flights in mid-November, as part of a 'typical winter pullback.'

The prognosis for getting jet service remains somewhat unclear, however. U.S. Airways and airport officials had negotiated a tentative agreement to bring jets to Jacksonville in October, but the FAA is requesting the airline conduct an environmental impact study.

According to FAA regulations, in order for jet service to be restored to an airport that hasn't had jets in more than three years, an environmental assessment that includes noise impact studies is required. Jacksonville lost jet service in March 1995.

Airport and airline officials, however, are seeking a waiver, given the fact that Ellis Airport has previously hosted 737s, which are larger than the 50-seat Canadair Regional Jets that U.S. Airways plans to use.

* * *

Having to complete an environmental assessment could delay the arrival of jets for three to six months, Vickers said.

Amy Kudwa, a U.S. Airways spokeswoman, said that with the delay, December would be the earliest jet service could be added."

EIGHTH CIRCUIT, Aug. 26, 2004 

A three-judge panel of the Court issued its (unpublished) opinion in Heide v. FAA. The Court held that a etition for review of 1990 FAA order approving revised runway use procedures was properly dismissed as untimely filed. Petition for review of 2003 order approving departure procedures for new runway was dismissed because petitioners lack standing to contest the order.

NINTH CIRCUIT, Aug. 26, 2004 

A three-judge panel of the Court issued its opinion in Save Our Sonoran, Inc. v. Flowers. The Court affirmed the district court's issuance of a preliminary injunction suspending development of a gated community near Phoenix, pending litigation of SOS's NEPA claims against the U.S. Army Corps of Engineers and the developer, Lone Mountain, LLC.

STADIUM OPPONENTS SUE ON DEIS 

Newsday has a report:

"Opponents of a plan to redevelop Manhattan's far West Side filed suit against the project yesterday, alleging the city authored an incomplete environmental study that would stifle public input.

Attorneys for the plaintiffs - who include Cablevision Systems Corp.'s Madison Square Garden, a neighborhood group and several residents - said they will seek an injunction in state Supreme Court in Manhattan to halt the city's land review process.

The suit claims the environmental study describes a thorough list of the project's potential adverse impacts, but then offers little in the way of concrete measures to address those problems.

'There are so many gaps in so many key areas involving traffic, noise, air, water, sewage and hazardous waste,' said Randy Mastro, one of the lead attorneys. 'There has been a deferral of required analysis.'

Mastro, a former Giuliani administration deputy mayor, and Michael Gerrard, another attorney on the case, have worked as lobbyists for MSG against the redevelopment, state records show. MSG has poured hundreds of thousands of dollars into ad campaigns against a new Jets stadium that would compete against the Garden for conventions and other events.

Litigation stemming from the study, a draft issued for public comment, had been expected since its release in June, but yesterday's suit officially marked the beginning of what could be the most contentious episode in a development fight full of political clashes.

City officials and backers of the plan immediately rejected any suggestion that the study - a voluminous document of about 6,000 pages - did not adequately address the development's impacts.

'The City's Draft Environmental Impact Statement is the most comprehensive document of its kind ever prepared for any development project in New York City's history,' said Jennifer Falk, a spokeswoman for Mayor Michael Bloomberg."

FEDERAL REGISTER, Aug. 27, 2004 

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

Draft EISs
ERP No. D-AFS-J65414-UT Rating EC2, State of Utah School and Institutional Trust LandsAdministration (SITLA) Access Route on EastMountain, National Forest System LandsAdministered by Mantila Sal National Forest,Ferron/Price Ranger District, Emery Counties,UT.
ERP No. D-AFS-J65415-MT Rating EC2, Robert-Wedge Post-Fire Project, Salvage Trees andRehabilitate Lands, Flathead National Forest,Glacier View Ranger District, Flathead County, MT.
ERP No. D-COE-F32197-MS Rating EC2, Programmatic EIS--Upper Mississippi River andIllinois Waterway System Navigation FeasibilityStudy (UMR-IWW), Addressing NavigationImprovement Planning and Ecological RestorationNeeds, MS, IL, IA, MN, MO, WI. ERP No. D-COE-L32012-AK Rating EC2, Unalaska Navigation Improvements Project,Construction of Harbor on Amaknak Island in Aleutian Island Chain, Locally known as ``LittleSouth America, Integrated Feasibility Report,Aleutian Island, AK.
ERP No. D-DOE-J91000-MT Rating EC2,South Fork Flathead Watershed Westslope CutthroatTrout Conservation Program, Preserve the GeneticPurity of the Westslope Cutthroat TroutPopulation, Flathead National Forest, FlatheadRiver, Flathead, Powell and Missoula Counties, MT.
ERP No. D-IBR-H39011-00 Rating EC2, Programmatic EIS--Platte River Recovery Implementation Program, Assessing Alternatives, Cooperative, Endangered Species Recovery Program, The Four Target Species are Whooping Crane, Interior Least Tern, Piping Plover and Pallid Sturgeon, NB, WY and CO.

Final EISs
ERP No. F-AFS-J65409-MT Lower Big Creek Project, Timber Harvest and Prescribed Burning, Implementation, Kootenai National Forest Plan, Rexford Ranger District, Lincoln County, MT.
ERP No. F-DOE-L02032-OR COB Energy Facility, Construction of a 1,160-megawatt (MW) Natural Gas-Fired and Combined-Cycle Electric Generating Plant, Right-of-Way Permit cross Federal Land under the Jurisdiction of BLM, Klamath Basin, Klamath County, OR.
ERP No. F-NAS-E12006-FL International Space Research Park (ISRP) to Bring New Research and Development Uses to the John F. Kennedy Center, Brevard County, FL.
ERP No. F-NRC-F06022-IL Quad Cities Nuclear Power Station Units 1 and 2, Supplement 16 to NUREG-1437, License Renewal, IL.
ERP No. F-NRC-F06023-IL Dresden Nuclear Power Station, Unit 2 and 3, Supplement 17, NUREG 1437, Renewal of a Nuclear Power Plant Operating License, Grundy County, IL.
ERP No. F-NRS-E36181-TN Cane Creek Watershed Remedial Plan, Widening and Degradation of the Cane Creek Channel, Lauderdale County, TN. ERP No. F-USN-E11051-MS Purchase of Land in Hancock County, Mississippi, for a Naval Special Operations Forces Training Range, To Improve Riverine and Jungle Training Availabilities, John C. Stennis Space Center, Hancock County, MS.
ERP No. F1-AFS-E65031-KY Gray Mountain Coal Lease Land Use Analysis, Application for Leasing Tracts 3094Bb, 3049Be and 3049Az, Daniel Boone National Forest, Leslie County, KY.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed August 16, 2004 Through August 20, 2004.

EIS No. 040394, Draft EIS, AFS, ID, Red Pines Project, Proposes to Implement Fuel Reduction Activities and Improve the Range of Watershed Activities, Nez Perce National Forest, Red River Ranger District, Idaho County, ID, Comment Period Ends: October 12, 2004, Contact: Ester Hutchison (209) 983-1950.
EIS No. 040395, Draft Supplement, TPT, CA, Presidio Trust Public Health Service Hospital (PUSH or Building 1801) at the Presidio of San Francisco (Area B) of Presidio Trust Management Plan, To Rehabilitate and Reuse Buildings, Gold Gate National Recreation Area, San Francisco Bay, Marin County, CA, Comment Period Ends: October 12, 2004, Contact: John Pelka (415) 561-5300. This document is available on the Internet here.
EIS No. 040396, Draft EIS, FRA, CA, Los Angeles--To--San Diego (LOSSAN) Rail Corridor, Proposed Rail Corridor Improvement Studies to Increase Intercity Travel for Faster, Safer and Reliable Passenger Rail System, Los Angeles, Orange and San Diego Counties, CA, Comment Period Ends: October 27, 2004, Contact: David Valenstein (202) 493-6368.
EIS No. 040397, DRAFT EIS, SFW, CA, Bair Island Restoration and Management Plan, Restore Tidal Action to 1,400 Acres of Former Salt Ponds, Don Edwards San Francisco Bay National Wildlife Refuge, Bair Island State Ecological Reserve, South San Francisco Bay, San Mateo County, CA, Comment Period Ends: October 12, 2004, Contact: Clyde Morris (510) 792-0222.
EIS No. 040398, Final Supplement, EPA, MS, FL, AL, Eastern Gulf of Mexico Offshore Oil and Gas Extraction, Updated Information on Issuance of New National Pollutant Discharge Elimination System General Permit and the Ocean Discharge Criteria Evaluation, MS, AL and FL, Wait Period Ends: September 7, 2004, Contact: Lena Scott (404) 562-9607.
EIS No. 040399, Draft EIS, AFS, OR, ID, WA, CA, Pacific Northwest Region Invasive Plant Program, Preventing and Managing Invasive Plants, Implementation, OR, WA, Including Portions of Del Norte and Siskiyou Counties, CA and Portions of Nez Perce, Salmon, Idaho and Adam Counties, ID,Comment Period Ends: November 24, 2004, Contact: Eugene Skrine (503) 808-2685.
EIS No. 040400, Final EIS, DOE, WA, BP Cherry Point Cogeneration Project, To Build a 720-megawatt Gas-Fired Combined Cycle Cogeneration Facility, Energy Facility Site Evaluation Council (EFSEC), Whatcom County, WA, Wait Period Ends: September 7, 2004, Contact: Thomas E. McKinney (503) 230-4749. This document is available on the Internet here.
EIS No. 040401, Final EIS, EPA, FL, Palm Beach Harbor Ocean Dredged Material Disposal Site and the Port Everglades Harbor Ocean Dredged Material Disposal Site, Designation, FL, Wait Period Ends: September 7, 2004, Contact: Christopher McArthur (404) 562-9391. This document is available on the Internet here.
EIS No. 040402, Revised Draft EIS, IBR, CA, NV, Truckee River Operating Agreement (TROA) Modify Operations of Five Federal and Two Non-Federal Reservoirs to Facilitate Distribution of Water, Truckee River Basin, EL Dorado, Nevada, Placer and Sierra Counties, CA and Douglas, Lyon, Storey and Washoe Counties, NV, Comment Period Ends: October 29, 2004, Contact: Kenneth Parr (775) 882-3436.
EIS No. 040403, Final Supplemental, NOA, FL, MS, TX, AL, LA, Reef Fish Fishery Management Plan Amendment 22, To Set Red Snapper Sustainable Fisheries Act Targets and Thresholds, Set a Rebuilding Plan, and Establish Bycatch Reporting Methodologies for the Reef Fish Fishery, Gulf of Mexico, Wait Period Ends: September 7, 2004, Contact: Roy E. Crabtree (727) 570-5305. This document is available on the Internet here.
EIS No. 040404, Draft EIS, NOA, WA, CA, OR, 2005-2006 Pacific Coast Groundfish Fishery, Proposed Acceptable Biological Catch and Optimum Yield Specifications and Management Measures, WA, OR and CA, Comment Period Ends: October 12, 2004, Contact: D. Robert Lohn (206) 526-6150. This document is available on the Internet here.
EIS No. 040405, Draft EIS, NOA, HI, Seabird Interaction Mitigation Methods, To Reduce Interaction with Seabird in Hawaii-Based Longline Fishery and Pelagic Squid Fishery Management, To Establish an Effective Management Framework for Pelagic Squid Fisheries, Fishery Management Plan, Pelagic Fisheries of the Western Pacific Region, Exclusive Economic Zone of the U.S. and High Sea, Comment Period Ends: October 12, 2004, Contact: Tom Graham (808) 973-2937.

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published Notice of Availability of a Draft Environmental Impact Statement/Environmental Impact Report on the Bair Island Restoration and Management Plan, Don Edwards San Francisco Bay National Wildlife Refuge and the Bair Island State Ecological Reserve, San Mateo County, CA and Announcement of Public Meeting. The document may also be viewed on the South Bay Salt Pond Restoration Project Web site, here.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Record of Decision and the Final Environmental Impact Statement for Desolation Flats Natural Gas Field Development Project, Carbon and Sweetwater Counties, Wyoming. The document will be available electronically here.


Thursday, August 26, 2004

ENVIROS OPPOSE SALVAGE LOGGING IN FLATHEAD NF 

The Billings Gazette has an AP report:

"The Forest Service is proposing to harvest timber from as much as 5,400 acres of land around Hungry Horse Reservoir that was burned during summer fires in 2003.

The plan has some conservation groups concerned, because of what they see as potential harm to grizzly bear habitat and violations of the Forest Service's own rules.

* * *

The draft environmental impact statement prepared by the Flathead National Forest calls for logging as much as 56 million board feet of timber from 3,900 to 5,400 acres of land blackened by a half-dozen fires last summer.

The lands are located near the Bob Marshall Wilderness, between the reservoir and the crest of the Swan Mountain Range.

Some of the work would involve helicopter logging, but about four miles of temporary road also would be built.

The plan also calls for replanting on about 1,400 acres, as well as protecting grizzly bear habitat by closing existing roads once logging is completed. In addition to gating some roads and trails to exclude motorized access, the plan calls for decommissioning between 49 and 69 miles of road.

But the Forest Service acknowledges that might not be enough to meet the Flathead forest's own rules."

WIND FARM OPPONENTS REQUEST EIS DELAY 

The Cape Cod Times has a report:

"An opponent of the proposed wind farm in Nantucket Sound is calling on the U.S. Army Corps of Engineers to delay the release of its draft environmental impact statement next month until it does a full study of the effect of a possible oil spill from an offshore transformer platform.

Cliff Carroll, a Cape Cod mortgage banker and one of the founders of Windstop.org, said the Corps had apparently failed to fully disclose to other federal agencies that the offshore platform would hold 40,000 gallons of transformer oil and 1,000 gallons of diesel fuel.

The 130 turbines would hold a total of 24,700 gallons of lubricating oil.

Cape Wind Associates, which is proposing the project, said the oil is biodegradable, non-toxic and not anywhere as harmful as fuel oil that is regularly shipped over those waters to Nantucket and Martha's Vineyard.

Mark Rodgers, a spokesman for Cape Wind, said the information on oil and fuel was never hidden and was included in Cape Wind's earliest filings.

The federal agencies cited by Carroll - including the EPA - have been issuing recommendations for the draft report. The Army Corps is the lead agency in charge of the review."

EIGHTH CIRCUIT, Aug. 25, 2004 

Three-judge panels of the Court issued their opinions in Heartwood, Inc. v. USFS and Voyageurs National Park Association v. Norton.

The Heartwood case has to do with a timber harvest in Mark Twain NF. District court's grant of summary judgment to U.S. Forest Service and Fish and Wildlife Service over challenge to decision to approve harvesting timber in Mark Twain National Forest is affirmed. Agency's decision that project did not have significant impact on Indiana bat was not arbitrary or capricious and thus not a violation of NEPA. The administrative record supports the conclusions of the USFS and FWS that they did not act arbitrarily and capriciously in determining the project would not jeopardize the Indiana bat species.

The Voyageurs case deals with snowmobile tours in Voyageurs NP. Summary judgment challenging National Park Service's decision to open eleven bays in the Park to recreational snowmobile use is affirmed. Full-blown NEPA review is not required by Park Service every year before his annual decision to open or close bays for snowmobiling, as decision to open bays does not implicate formal rulemaking; decision was not arbitrary or capricious. The procedural violation by not consulting with Fish and Wildlife Service was cured. District court did not abuse its discretion in denying additional discovery.

The Duluth News-Tribune has a report.

NINTH CIRCUIT, Aug. 25, 2004 

A three-judge panel of the Court issued its opinion in High Sierra Hikers Association v. Blackwell, a case involving commercial wilderness tours in the Sierra Nevada.

Plaintiffs, brought suit against the Forest Service seeking declaratory and injunctive relief for management practices in the John Muir and Ansel Adams Wilderness Areas. The case reached the Court on appeal and cross-appeal from the decision of U.S. Magistrate Judge Elizabeth D. Laporte, and posed the question of whether the Forest Service complied with the mandates of the NEPA and the Wilderness Act when it issued multi-year special-use permits and granted renewals of special-use permits to commercial packstock operators in the wilderness areas.

The Court held the district court correctly found that the Forest Service was in violation of the NEPA by failing to assess the individual and cumulative impacts of the issuance of special use permits to commercial packstock operators in the John Muir and Ansel Adams Wilderness Areas. The Court held tthat the district court was incorrect, however, in granting a summary judgment holding that the requirements of the Wilderness Act had not been violated. The Court further held that the Wilderness Act imposes substantive requirements on an administering agency and that there are triable issues of fact regarding whether the Forest Service permits violated those requirements.

The Modesto Bee has a report.

FEDERAL REGISTER, Aug. 26, 2004 

DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published Notice of Availability of Final Environmental Assessment for California Department of Water Resources’ Feather River Project located on the Feather River in Butte County, California, near the city of Oroville.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Environmental Assessment for Green Mountain Power Corporation’s Waterbury Hydroelectric Project, located on the Little River in the town of Waterbury in Washington County, Vermont.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management and Bureau of Reclamation) published Notice of Intent to Prepare an Environmental Impact Statement for the Alamogordo Regional Water Supply Project, New Mexico.

Wednesday, August 25, 2004

ENVIROS OPPOSE US-70 PROJECT IN CROATAN NF 

The News & Observer has a report:

"To beachbound travelers, the scenery along a proposed U.S. 70 bypass through Croatan National Forest might look like any other stretch of Eastern North Carolina: flat land, pine trees and scrubby underbrush.

For some, that's an improvement over the string of stoplights and bumper-to-bumper traffic in Havelock.

But environmentalists are up in arms about the state Department of Transportation's plans to build a 10.2-mile bypass through the edge of the national forest in Craven County. They say a freeway through the forest would threaten towering stands of long-leaf pine, endangered woodpeckers and rare wildflowers.

* * *

State officials said construction on the $118 million project is scheduled to begin in 2008. Project manager John G. Conforti said the department is preparing an environmental impact statement that will evaluate potential harm and steps to offset it."

FEDERAL REGISTER, Aug. 25, 2004 

DEPARTMENT OF THE INTERIOR published Notice of Availability for a Revised Draft Environmental Impact Statement/Environmental Impact Report for the Truckee River Operating Agreement, California and Nevada, and notice of open house meetings and public hearings. The revised Draft EIS/EIR is accessible online here.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final Environmental Impact Statement for the General Management Plan Revision, Petrified Forest National Park, Arizona. The plan is available on the Internet here.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Extension of Public Comment Period for the Draft Environmental Impact Statement for General Management Plan; Middle and South Forks Kings River Wild and Scenic River Comprehensive Management Plan; North Fork Kern River Wild and Scenic River Comprehensive Management Plan; Sequoia and Kings Canyon National Parks Tulare and Fresno Counties, CA.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent to Prepare an Environmental Impact Statement for the White-Tailed Deer Management Plan, Environmental Impact Statement, Catoctin Mountain Park, Maryland.

Tuesday, August 24, 2004

JUDGE AWARDS ENVIROS $200K FEES & COSTS 

A US District Court Magistrate Judge (D. Or.) has awarded some $200,000 in fees and costs under the EAJA to environmental plaintiffs who prevailed against the Forest Service on NEPA claims. The Service conceded that HCPC was the prevailing party, but argued that the agency's position was substantially justified. The Judge found against the Service on substantial justification and awarded fees and costs.

The case is Hells Canyon Preservation Council v. US Forest Service. The Slip Opinion can be found on WestLaw (2004 WL 1853134).

FEDERAL REGISTER, Aug. 24, 2004 

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published Notice of Availability of Record of Decision for the Programmatic Environmental Impact Statement/Environmental Impact Report for the San Francisco Estuary Invasive Spartina Project: Spartina Control Program.

NUCLEAR REGULATORY COMMISSION published Final Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Actions.

Monday, August 23, 2004

ENVIROS COMPLAIN ABOUT DRAFT BIGHORN FMP/EIS 

The Billings Gazette has an AP report:

"Few new wilderness areas in the Bighorn National Forest are being considered under a draft management plan, according to environmentalists. But a forest planner says more wilderness would conflict with the U.S. Forest Service's multiple-use policy."

FEDERAL REGISTER, Aug. 23, 2004 

DEPARTMENT OF DEFENSE (Department of the Air Force) published Notice of Intent To Prepare Environmental Impact Statement for F-35 Force Development Evaluation and Weapons School Permanent Beddown at Nellis AFB, NV.

DEPARTMENT OF THE INTERIOR (Minerals Management Service) published Notice of Availability of Environmental Documents Prepared for Proposed Oil and Gas Operations on the Alaskan Outer Continental Shelf (OCS).
SUMMARY: The Minerals Management Service, in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Categorical Exclusion Reviews (CERs)/Environmental Assessments (EAs) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil and gas activities proposed on the Alaskan OCS.

Friday, August 20, 2004

YUBA COUNTY WANTS EIS FOR CASINO 

Hotel Online has a report:

"Yuba County supervisors want a full environmental-impact statement for the proposed hotel-casino on Forty Mile Road.

They made the request Tuesday night as they approved a revised list of comments on the environmental assessment prepared for the Enterprise Rancheria project.

The Bureau of Indian Affairs granted the county an Aug. 20 extension to what had been an Aug. 7 deadline to file comments about the environmental document.

Supervisor Dan Logue, a casino opponent, voiced concern about the environmental assessment prepared for BIA and whether the federal agency is truly concerned about what happens in Yuba County.

* * *

BIA officials have to determine if the environmental assessment is adequate, or if a more rigorous environmental impact statement, akin to an environmental impact report under California law, should be prepared."

BLM RELEASES SILVERTON SKI AREA FEIS 

The Cortez Journal has a report:

"The BLM has released a Final Environmental Impact Statement for the Silverton Ski Area in southwestern Colorado. The FEIS will be open to public review and protest period for 30 days, with a Record of Decision expected in September.

The Final EIS analyzes the direct, indirect and cumulative impacts associated with authorizing the Silverton Outdoor Learning and Recreation Center (SOLRC) to use of 1,300 acres of high-elevation BLM land near Silverton to provide skiing, mountain recreation and education. SOLRC currently offers guided skiing and outdoor education programs under an annual Special Recreation Permit on the same BLM land studied in the EIS.

The final EIS analyzes several alternatives, including the proposed action by the proponent, Aaron Brill of Core Mountain Enterprises LLC, of long-term commercial operations for unguided skiing on 1,300 acres by up to 475 skiers per day. The BLM's preferred alternative (alternative C) addresses public safety concerns posed by avalanche hazards of the San Juan Mountains by calling for both guided and unguided skiing. This alternative allows unguided skiing when avalanche conditions allow, but calls for guided-only skiing when snow conditions require the use of a guide for avoidance of avalanche hazards. "

NAVY PROCEEDS WITH STENNIS SPACE CENTER EIS 

The Mississippi Picayune Item has a report:

"The Department of the Navy prepared and filed with the U.S. Environmental Protection Agency a Final Environmental Impact Statement on Friday, July 30, that evaluated the potential environmental consequences of purchasing the nearly 5,220 acres inside the northwestern acoustic buffer zone at the National Aeronautical and Space Administration's John C. Stennis Space Center in Hancock County.

* * *

The filing of a FEIS is a continuation of the process that started in March of 2003 when the Navy filed a Notice of Intent to prepare the EIS. Thus began the proposal to acquire land for use as a Naval Special Operations Force Training Range.

The land would be used as a special operations riverine and jungle live-fire training range using Short Range Training Ammunition. SRTA is a plastic, non-lead, non-explosive projectile with a limited flight profile.The Special Warfare Combatant-craft Crewmen of SBT-22 operate and maintain the state-of-the-art, high performance Special Operations Craft-Riverine used to support Navy SEALs and other Special Forces to conduct missions throughout the world."

FEDERAL REGISTER, Aug. 20, 2004 

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Availability of the Draft Environmental Impact Statement/Environmental Impact Report for the Proposed Prado Basin Water Supply, Riverside and San Bernardino Counties, CA.

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare an Environmental Impact Statement for the Northern Colorado Water Conservancy District's Northern Integrated Supply Project.

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

Draft EISs
ERP No. D-CGD-G39040-LA Rating EC2, Gulf Landing Deepwater Port License Application for Construction of a Deepwater Port and Associated Anchorages in the Gulf of Mexico, South of Cameron, LA.
ERP No. D-DOE-K08029-00 Rating EC2, Imperial-Mexicali 230-kV Transmission Lines, Construct a Double-Circuit 230-kV Transmission Line, Presidential Permit and Right-of-Way Grants, Imperial Valley Substation to Calexico at the U.S.-Mexico Border, Imperial County, CA and U.S.-Mexico Border.
ERP No. D-IBR-K39085-CA Rating EC2, 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. ERP No. D-NPS-D65030-VA Rating LO, Petersburg National Battlefield General Management Plan, Implementation, Petersburg, VA.
ERP No. DS-BLM-K67050-NV Rating EC2, Pipeline/South Pipeline Pit Expansion Project, Updated Information on Modifying the Extending Plan of Operations (Plan), Gold Acres Mining District, Launder County, NV.

Final EISs
ERP No. F-AFS-D65029-PA, Spring Creek Project Area (SCPA), To Achieve and Maintain Desired Conditions, Allegheny National Forest, Marienville Ranger District, Elk and Forest Counties, PA.
ERP No. F-AFS-L65444-OR, Eyerly Fire Salvage Project, Burned and Damaged Trees Salvage, Reforestation and Fuels Treatment, Implementation, Deschutes National Forest, Sisters Ranger District, Jefferson County, OR.
ERP No. F-BLM-J02041-WY, Desolation Flats Natural Gas Field Development Project, Drilling Additional Development Wells, Carbon and Sweetwater Counties, WY.
ERP No. F-FAA-F51046-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.
ERP No. F-FRC-L05231-AK, Glacier Bay National Park and Preserve, Falls Creek Hydroelectric Project (FERC. NO. 11659) and Land Exchange Project, Issuance of License and Land Exchange, Kahtaheena River (Falls Creek) near Gustavus in Southeastern, AK.
ERP No. FS-AFS-L39057-OR, Rimrock Ecosystem Restoration Projects, New Information on the Commercial and Non-commercial Thinning Treatments in the C3 Management Area, Umatilla National Forest, Heppner Ranger District, Grant, Morrow and Wheeler Counties, OR.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements filed August 9, 2004 through August 13, 2004.
EIS No. 040380, FINAL EIS, COE, CA, Napa River Salt Marsh Restoration Project, Salinity Reduction and Habitat Restoration in the Napa River Unit, San Pablo Bay, Napa and Solano Counties, CA. Wait Period Ends: September 20, 2004. Contact: Shirlin Tolle (415) 977-8467.
EIS No. 040381, FINAL EIS, COE, AL, Choctaw Point Terminal Project, Construction and Operation of a Container Handling Facility, Department of the Army (DA) Permit Issuance, Mobile County, AL. Wait Period Ends: September 20, 2004. Contact: Dr. Susan Ivester Rees (251) 694-4141.
EIS No. 040382, DRAFT EIS, FHW, CA, Bautista Canyon Road Project, California Forest Highway 224, Improvements between Florida Avenue (CA-74) and CA-371, Special-Use-Permit, NPDES Permit, U.S. Army COE Section 10 and 404 Permit, Riverside County, CA. Due: October 4, 2004. Contact: Stephen Hallisy (720) 963-3685.
EIS No. 040383, DRAFT EIS, FTA, WA, Adoption--WA-104 Edmonds Crossing, Connecting Ferries, Buses and Rails, Funding, NPDES Permit and U.S. Army COE Section 10 and 404 Permits Issuance, City of Edmonds, Snohomish County, WA. Contact: Jennifer Bowman (206) 220-7933. The U.S. Department of Transportation's (DOT's) Federal Transit Administration (FTA) has adopted DOT's Federal Highway Administration DEIS 980063, filed on 03/02/1998. FTA was a Cooperating Agency on the DEIS, Recirculation of the DEIS is Not Necessary under Section 1506.3(c) of the CEQ Regulations. FTA will be a Joint Lead Agency on the FEIS, will accept comments on the FEIS.
EIS No. 040384, FINAL EIS, FHW, CA, CA-905 Freeway or Tollway Construction Project, Route Location, Adoption and Construction, Otay Mesa Port of Entry to I-805, Funding and U.S. Army COE Section 404 Permit Issuance, San Diego County, CA. Wait Period Ends: September 20, 2004. Contact: John Chisholm (858) 616-6638.
EIS No. 040385, FINAL EIS, AFS, WA, Crystal Mountain Master Development Plan, To Provide Winter and Summer Recreational Use, Special-Use-Permit, Mt. Baker-Snoqualmie National Forest, Silver Creek Watershed, Pierce County, WA. Due: September 20, 2004. Contact: Larry Donovan (415) 744-3403. This document is available on the Internet here.
EIS No. 040386, FINAL EIS, EPA, ADOPTION, Gulf of Mexico Outer Continental Shelf Oil and Gas. Lease Sales: 2003-2007, Proposed Reissuance of NPDES General Permit GMG 290000 for New and Existing Sources in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category, Western Portion of Outer Continental Shelf of the Gulf of Mexico. Wait Period Ends: September 20, 2004. Contact: Hector Pena (214) 665-7453. U.S. Environmental Protection Agency (EPA) has adopted the U.S. Department of Interior's Minerals Management Service (MMS) EIS 02459 filed on 11/05/2002. EPA was not a Cooperating Agency on the above FEIS. Recirculation of the document is necessary under Section 1506.3(b) of the CEQ Regulations.
EIS No. 040387, DRAFT EIS, AFS, ID, Caribou Sheep Allotment Management Plan Revision, Authorize Continue Livestock Grazing, Caribou-Targhee National Forest, Palisades Ranger District, Bonneville County, ID. Comment Period Ends: October 4, 2004. Contact: Greg Hanson (208) 523-1412.
EIS No. 040388, DRAFT EIS, FRC, LA, Sabine Pass Liquefied Natural Gas (LNG) and Pipeline Project, Construction and Operation LNG Import Terminal and Natural Gas Pipeline Facilities, Several Permits, Cameron Parish, LA. Comment Period Ends: October 5, 2004. Contact: Thomas Russo (866) 208-3372.
EIS No. 040389, DRAFT SUPPLEMENT, FHW, MN, WI MN-36/WI-64 St. Croix River Crossing Project, Construction of a New Crossing between the Cities of Stillwater and Oak Park Heights in Washington County, MN and the Town of St. Joseph in St. Croix County, WI. Comment Period Ends: October 4, 2004. Contact: Cheryl Martin (651) 291-6120.
EIS No. 040390, DRAFT EIS, FHW, MT U.S. Highway 89 Improvements from Browning to Hudson Bay Divide, Endangered Species Act, NPDES Permit and U.S. Army COE Section 404 Permit, Glacier County, MT. Comment Period Ends: October 12, 2004. Contact: Dale Paulson (406) 449-5302.
EIS No. 040391, DRAFT EIS, COE, CA Prado Basin Water Supply Feasibility Study, To Increase Conservation of Surplus Water at Prado Dam and Flood Control Basin, Orange County, Water District, Orange, Riverside and San Bernardino Counties, CA. Comment Period Ends: October 4, 2004. Contact: Alex Watt (213) 452-3860.
EIS No. 040392, DRAFT EIS, AFS, MT West Side Reservoir Post-Fire Project, Proposed Implementation of Timber Salvage and Access Management Treatments, Flathead National Forest, Hungry Horse and Spotted Bear Ranger Districts, Flathead County, MT. Comment Period Ends: October 6, 2004. Contact: Bryan Donner (406) 863-5408.
EIS No. 040393, FINAL EIS, AFS, AK Gravina Island Timber Sale, Implementation, Timber Harvest and Related Activities, Ketchikan-Misty Fiords Ranger District, Tongass National Forest, AK. Wait Period Ends: September 20, 2004. Contact: Rob Reeck (907) 228-4114.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Environmental Assessment for Appalachian Power Company’s application for non-project use of project lands and waters at the Smith Mountain Pumped Storage Project located on the Roanoke and Blackwater Rivers in Bedford, Campbell, Pittsylvania, Franklin, and Roanoke Counties, Virginia.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for CenterPoint Energy--Mississippi River Transmission Corporation’s Proposed AmerenUE Pipeline Project in Madison and St. Clair Counties, Illinois and Request for Comments on Environmental Issues.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent to Prepare an Environmental Impact Statement for Ashley National Forest, Flaming Gorge Ranger District, Utah, Cedar Springs Marina Upgrade.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Cibola National Forest, New Mexico, Tajique Watershed Restoration Project.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Public Comment Deadline Extension on the Northern San Juan Basin Coal Bed Methane Environmental Impact Statement being prepared by the Bureau of Land Management and the U.S. Forest Service.

DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Record of Decision for Development of Military Family Housing in the San Diego Region.

Thursday, August 19, 2004

FEDERAL REGISTER, Aug. 19, 2004 

DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Intent To Prepare an Environmental Impact Statement for Naval Surface Warfare Center Panama City Mission Activities and Announcement of Public Scoping Meetings.

TENNESSEE VALLEY AUTHORITY published Notice of Public Meeting and Extension of Public Comment Period for the Environmental Impact Statement for the Proposed Watts Bar Reservoir Land Plan, Loudon, Meigs, Rhea, and Roane Counties, TN.

FEDERAL REGISTER, Aug. 19, 2004 

DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Intent To Prepare an Environmental Impact Statement for Naval Surface Warfare Center Panama City Mission Activities and Announcement of Public Scoping Meetings.

TENNESSEE VALLEY AUTHORITY published Notice of Public Meeting and Extension of Public Comment Period for the Environmental Impact Statement for the Proposed Watts Bar Reservoir Land Plan, Loudon, Meigs, Rhea, and Roane Counties, TN.

Wednesday, August 18, 2004

NEPA LITIGATION NEWS BRIEFS 

The Ninth Circuit denied an NMFS motion for costs in Ocean Conservancy, Inc. v. NMFS.

A federal judge granted environmental groups summary judgment and ordered USACE to prepare EIS for Pope County's proposed slackwater harbor on the Arkansas River. AP reports that U.S. District Judge William R. Wilson held that the Corps failed to consider the cumulative impacts of the various components of the proposed Intermodal Facility.

Native Hawaiian groups sued the Defense Department seeking to block Stryker Brigades. KPUA has an AP report.

The editors of the Charlotte Observer have a suggestion for the Navy, regarding its proposed OLF.

Conservation groups filed a formal protest against proposed O&G development in the Jack Morrow Hills area of southwest Wyoming's Red Desert. The Billings Gazette has an AP report.

FEDERAL REGISTER, Aug. 18, 2004 

ARMED FORCES RETIREMENT HOME published Notice of Intent To Prepare an Environmental Impact Statement to analyze the potential impacts from the proposed Master Development Plan for its campus located at 3700 North Capital Street, NW., in Washington, DC. AFRH also intends to initiate consultation under Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, for the proposed Master Development Plan.

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published Notice of Availability of the Final Restoration Plan and Environmental Assessment for the Certus, Inc. Chemical Spill Natural Resource Damage Assessment in Tazewell County, VA.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement on a proposal to harvest timber and to develop a road management plan for the Kuiu Timber Sale on north-central Kuiu Island, on the Petersburg Ranger District, Tongass National Forest.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Intent to Prepare an Environmental Impact Statement for the Agua Fria Linear Recharge Project, Maricopa County, Arizona.

UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION published Notice of Availability of the Draft Environmental Assessment for the Diamond Fork Canyon Group-Site Campground in Diamond Fork Canyon, Utah County, Utah.

FEDERAL REGISTER, Aug. 17, 2004 

DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published Notice of Availability of Environmental Assessment for Extension of Determination of Nonregulated Status for (Mycogen c/o Dow) Corn Genetically Engineered for Insect Resistance and Glufosinate Herbicide Tolerance.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Southern Natural Gas Company’s Proposed Triangle Project involving construction and operation of facilities in Bibb, Clayton, Douglas, Fulton, Henry, Jefferson, Monroe, Richmond, Spalding, and Upson Counties, Georgia; and Request for Comments on Environmental Issues.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT published Notice of Availability of the Air Quality Conformity Determination for the World Trade Center Memorial and Redevelopment Plan, City of New York, New York County, NY.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Record of Decision for the South Powder River Basin Coal Final Environmental Impact Statement, Little Thunder Lease by Application Tract, Wyoming.

Monday, August 16, 2004

NINTH CIRCUIT, Aug. 13, 2004 

A three-judge panel of the Court issued its opinion in Lands Council v. Powell. The case involved a challenge a timber harvest plan approved by the Forest Service as part of a watershed restoration project in the Idaho Panhandle National Forest known as Modified Alternative Eight of the Iron Honey Project. The district court granted summary judgment in favor of the Forest Service, finding that it had complied with the NEPA and NFMA.

The Court found that the decision made by the Forest Service to proceed with Modified Alternative Eight violated both the NEPA and NFMA, reversed the decision of the district court, and granted summary judgment in favor of Lands Council.

The Idaho Spokesman-Review had this report:

"Environmentalists are calling a Friday court ruling against a proposed timber harvest and restoration project "the most comprehensive condemnation" of the Idaho Panhandle National Forests practices ever.

The 9th Circuit Court of Appeals on Friday quashed the Forest Service's Iron Honey Project. The plan called for harvesting 17.5 million board feet of lumber from the Idaho Panhandle National Forests to fund restoration in the drainage of the Little North Fork of the Coeur d'Alene River.

* * *

The Iron Honey Project was pitched as a restoration project – a fix for damage done to the watershed by years of intense logging, according to the court decision. The Lands Council, Kootenai Environmental Alliance, The Ecology Center and Idaho Sporting Congress objected to the additional logging that would be done to fund the project, and charged that the Forest Service's Environmental Impact Statement was incomplete.

* * *

The court ruled that the Forest Service 'failed to take its required 'hard look' ' in regards to prior timber harvests in the area, and the impact the project would have on West Slope cutthroat trout. The court also questioned data reported in the Environmental Impact Statement. In the case of the effects on the trout habitat, the court said the Forest Service used 'stale' data.

The Forest Service's methodology to obtain that, and other data, was challenged.

'We're obviously pretty disappointed in the ruling,' Forest Service spokesman Dave O'Brien said. 'We just think the merits of the project remain very strong.'

O'Brien defended the Forest Service's data and sampling techniques. The court decision came down to 'technicalities,' he said.

'The judge felt there were some things we had to look at in more detail,' he said.
Following Friday's decision, O'Brien said the Forest Service will have to reevaluate its restoration plans. Though the project is dead now, O'Brien said the issue may resurface.

It's a worthwhile project, he said."

KCBI, the Boise CBS affiliate also had a report.

FEDERAL REGISTER, Aug. 16, 2004 

DEPARTMENT OF HOMELAND SECURITY (Coast Guard) and DEPARTMENT OF TRANSPORTATION (Maritime Administration) published Notice of Intent to Prepare an Environmental Impact Statement for the proposed Pearl Crossing LNG Terminal LLC Liquefied Natural Gas Deepwater Port License Application, to be located approximately 41 miles southeast of Cameron, Louisiana.

Friday, August 13, 2004

FEDERAL REGISTER, Aug. 13, 2004 

DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published Notice of Finding of No Significant Impact and Notice of Availability of Determination of Nonregulated Status for Mycogen c/o Dow Cotton Lines Genetically Engineered for Insect Resistance. The petitions, environmental assessment, and finding of no significant impact are also available on the Internet here, here, here and here.

DEPARTMENT OF DEFENSE (Department of the Army) published Notice of Availability of a Draft Environmental Impact Statement for the Proposed Leasing of Lands at Fort Bliss, Texas for the Proposed Siting, Construction, and Operation by the City of El Paso of a Brackish Water Desalination Plant and Support Facilities.

DEPARTMENT OF ENERGY published Notice of Intent To Prepare an Environmental Impact Statement for the Decommissioning of the Fast Flux Test Facility at the Hanford Site, Richland, WA.

DEPARTMENT OF ENERGY published Notice of Amended Record of Decision for the Department of Energy's Final Programmatic Environmental Impact Statement for Accomplishing Expanded Civilian Nuclear Energy Research and Development and Isotope Production Missions in the United States, Including the Role of the Fast Flux Test Facility.

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare a Draft Environmental Impact Statement for Improvements to the Cedar Bayou Navigation Channel Near Baytown in Harris and Chambers Counties, TX.

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

Draft EISs
ERP No. D-FHW-G40182-AR Rating LO, 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, Ouachita River, Ouachita, Union, Calhoun, Bradley Drew and Desha Counties, AR.
ERP No. D-HUD-K60034-CA Rating LO, Marysville Hotel Demolition Project, Proposed Acquisition and Demolition of Building, City of Marysville, Yuba County, CA.
ERP No. D-NPS-L65458-ID Rating LO, Craters of the Moon National Monument and Preserve, Update and Consolidate Management Plans into One Comprehensive Plan, Snake River Plain, Blaine, Butte, Lincoln and Minidoka Counties, ID.
ERP No. DA-FHW-C40129-NY Rating EC2, 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.

Final EISs
ERP No. F-AFS-J65362-MT Pipestone Timber Sale and Restoration Project, Timber Harvest, Prescribed Fire Burning, Watershed Restoration and Associated Activities, Kootenai National Forest, Libby Ranger District, Lincoln Lincoln County, MT.
ERP No. F-AFS-L65435-ID Mission Brush Project, Proposes Vegetation, Wildlife Habitat, Recreation and Aquatic Improvement Treatments, Idaho Panhandle National Forests, Bonners Ferry Ranger District, Bounty County, ID.
ERP No. F-COE-K36138-AZ El Rio Antiguo Feasibility Study, Ecosystem Restoration along the Rillito River, Pima County, AZ.
ERP No. F-FHW-D40314-MD MD-97 Brookeville Project Improvements and Preservation, South of Gold Mine Road to North of Holliday Drive, Funding and U.S. Army Corps of Engineers Section 10 and 404 Permits Issuance, Montgomery County, MD.
ERP No. F-FRC-K05228-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, ShastaCounty, CA.
ERP No. F-NPS-K65253-CA Whiskeytown Fire Management Plan, Implementation, Whiskeytown National Recreation Area, Klamath Mountains, Shasta County, CA.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of the following Environmental Impact Statements Filed August 2, 2004 through August 6, 2004:

EIS No. 040367, DRAFT SUPPLEMENT, COE, PA, Wyoming Valley Levee Raising Project, Design Modification and Recreational Enhancements, Wilkes-Barre, Pennsylvania River Commons, Susquehanna River, Luzerne County, PA, Comment Period Ends: September 27, 2004, Contact: William Abadie (410) 962-4713.This document is available on the Internet here.
EIS No. 040368, FINAL EIS, AFS, NM, Sacramento, Dry Canyon and Davis Grazing Allotments, Authorization of Livestock Grazing Activities, Lincoln National Forest, Sacramento Ranger District, Otero County, NM, Wait Period Ends: September 13, 2004, Contact: Frank R. Martinez (505) 682-2551.
EIS No. 040369, DRAFT EIS, AFS, MT, ID, WY, Grizzly Bear Conservation for the Greater Yellowstone Area National Forests, Implementation, Amend Six Forest Plans: Beaverhead-Deerlodge National Forest, Bridger-Teton National Forest, Caribour-Targhee National Forest and Shoshone National Forest, MT,WY and ID, Comment Period Ends: November 12, 2004, Contact: Dave Cawrse (307) 527-6241.
EIS No. 040370, FINAL EIS, NPS, TX, Big Bend National Park General Management Plan, Implementation, Brewster County, TX, Wait Period Ends: September 13, 2004, Contact: John Paige (915) 477-2251. This document is available on the Internet here.
EIS No. 040371, FINAL EIS, AFS, MN, Chippewa and Superior National Forests Land and Resource Management Plans Revision, Implementation, Beltrami, Cass, Itasca, Cook, Lake and St. Louis Counties, MN, Wait Period Ends: September 13, 2004, Contact: Duane Lula (218) 626-4300.
EIS No. 040372, DRAFT EIS, NPS, AL, Selma to Montgomery National Historic Trail Comprehensive Management Plan, Implementation, Dallas, Lowndes and Montgomery Counties, AL, Comment Period Ends: September 27, 2004, Contact: John Barrett (404) 562-3124.
EIS No. 040373, DRAFT EIS, USA, TX, Fort Bliss, Texas Proposed Leasing of Lands, Proposed Siting, Construction and Operation, by the City of El Paso of a Brackish Water Desalination Plant and Support Facilities, El Paso Water Utilities (EPWU), City of El Paso, TX and New Mexico, Comment Period Ends: September 27, 2004, Contact: John Barrera (915) 568-3908.
EIS No. 040374, FINAL EIS, AFS, OR, Davis Fire Recovery Project, Moving Resource Conditions Closer to the Desired Conditions, Deschutes National Forest, Crescent Ranger District, Deschutes and Klamath Counties, OR, Wait Period Ends: September 13, 2004, Contact: Chris Mickle (541) 433-3216.
EIS No. 040375, FINAL EIS, BLM, OR, Andrews Management Unit/Steens Mountain Cooperative Management and Protection Area Resource Management Plan, Implementation, Harney and Malheur Counties, OR, Wait Period Ends: September 13, 2004, Contact: Gary Foulkes (541) 573-4541.
EIS No. 040376, DRAFT EIS, FHW, OR, Spencer Creek Bridge U.S. Highway 101 Replacement Project, To Maintain the Connectivity and Highway Functions of U.S. 101 between Otter River and Watt Creek, Funding, Lincoln County, OR, Comment Period Ends: September 27, 2004, Contact: John Gernhauser (503) 399-5749.
EIS No. 040377, DRAFT EIS, AFS, WY, Yates Petroleum Federal 1 Oil and as Lease, Application for Permit To Drill (APD), Medicine Bow-Routt National Forests and Thunder Basin National Grassland, Duck Creek, Campbell County, WY, Comment Period Ends: September 27, 2004, Contact: Liz Moncrief (307) 745-2456.
EIS No. 040378, DRAFT SUPPLEMENT, NRC, AL, Generic EIS--License Renewal of Nuclear Plants, Joseph M. Farley Nuclear Plants, Units 1 and 2, Supplemental 18 to NUREG-1437, (TAC Nos. MCO768 and MCO769), Houston County, AL, Comment Period Ends: November 5, 2004, Contact: Jack Cushing (301) 415-1424.
EIS No. 040379, FINAL EIS, DOD, Programmatic EIS--Chemical and Biological Defense Program, Protection of our Soldiers, Sailors, Marines and Airmen on the Battlefield, United States and other Countries, Wait Period Ends: September 13, 2004, Contact: JoLane Souris (301) 619-2004.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent to Prepare an Environmental Impact Statement for a proposed freeway project in the cities of Las Vegas and Henderson, Clark County, Nevada.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare a Revised Environmental Impact Statement for the Juncrock Timber Sale, Mt. Hood National Forest, Wasco County, OR.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Andrews Management Unit/Steens Mountain Cooperative Management and Protection Area Proposed Resource Management Plan and Final Environmental Impact Statement and the Steens Mountain Wilderness and Wild and Scenic Rivers Plan.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Extension of Review and Comment Period for Draft Environmental Impact Statement for the Platte River Recovery Implementation Program.

Thursday, August 12, 2004

FEDERAL REGISTER, Aug. 12, 2004 

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Environmental Assessment for the application for surrender of the license for PacifiCorp’s American Fork Hydroelectric Project, located on American Fork Creek, near the City of American Fork, about three miles east of Highland, in Utah County, Utah.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for CenterPoint Energy Gas Transmission Company’s Proposed Round Mountain & Helena Compression Expansion Project, in Conway and Phillips Counties, Arkansas, and Request for Comments on Environmental Issues.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Pine Prairie Energy Center, LLC’s Proposed Pine Prairie Energy Center, involving construction and operation of facilities in Evangeline, Acadia, and Rapides Parishes, Louisiana, Request for Comments on Environmental Issues, and Site Visit.

NUCLEAR REGULATORY COMMISSION published Notice of Availability of the Draft Supplement 18 to Generic Environmental Impact Statement and Public Meeting for the License Renewal of Southern Nuclear Operating Company, Inc, Joseph M. Farley Nuclear Power Plant, Units 1 and 2located in Houston County, Alabama, approximately 16.5 miles east of the City of Dothan, Alabama.

Wednesday, August 11, 2004

BLM EA PROPOSES WILD HORSE REMOVAL 

The Caspar Star-Tribune has a report:

"Federal land managers plan to use roundups, and possibly fertility control, to significantly reduce the number of animals in wild horse herds north of Lander.

The Bureau of Land Management is proposing to remove more than 250 excess wild horses from public rangelands within the Muskrat Basin, Conant Creek, Rock Creek, Mountain and Dishpan Butte Herd Management Areas, known as the complex, beginning in October.

The proposed action, and three other alternatives involving fertility control efforts and research, are examined in a recently released Environmental Assessment of the North Lander Herd Management Area Complex Capture/Removal and Fertility Control Project.

BLM Lander Field Office wild horse specialist Roy Packer said wild horses were last gathered in the North Lander Herd Management Area complex in 2001.

He said at the completion of the roundup, the population was estimated to be approximately 325 wild horses.

Since that time, BLM wranglers estimate the population has grown to about 590 wild horses as of this spring. That number exceeds the area's Appropriate Management Level by 270 animals.

Packer said in a phone interview that herd populations increase about 15 percent a year. At that rate, the wild horse population would double within five years.

The agency wants to reduce the herd by 270 horses to achieve a population objective of about 320 animals, he said.

Another proposal (alternative 1) examined in the Environmental Assessment calls for gathering approximately 470 wild horses, or about 80 percent of the herd complex population.

Some 270 horses would be removed from the herd under the alternative. About 100 mares would be subject to an immunocontraceptive research project.

The project involves inoculating mares with a contraceptive vaccine known as PZP using a dart-injection delivery method. The vaccine provides about three or four years of contraception to treated mares.

Other alternatives call for capturing 470 wild horses, removing 160 from the herd complex, and vaccinating approximately 155 mares (alternative 2); and gathering 470 horses and removing 160 horses from the herd complex, with no vaccination. There is also a no-action alternative examined in the document.

TENTH CIRCUIT, Aug. 10, 2004 

A three-judge panel of the Court issued its opinion in Pennaco Energy, Inc. v. DOI, a case involving coal bed methane (CBM) leases in the Powder River Basin of Wyoming.

Pennaco brought suit in the District of Wyoming, under the APA, against DOI to challenge a decision of the IBLA. The challenged IBLA decision reversed a decision of the BLM to auction three oil and gas leases (successfully bid upon by Pennaco). The IBLA concluded the requirements of the NEPA had not been satisfied prior to issuing the leases and remanded the matter to the BLM for additional appropriate action. The State of Wyoming, the Petroleum Association of Wyoming, and Nance Petroleum Corporation intervened on behalf of Pennaco in the district court. Several environmental groups intervened to defend the IBLA decision: Wyoming Outdoor Council, Powder River Basin Resource Council, Natural Resources Defense Council, and Defenders of Wildlife (the Councils). The district court reversed the decision of the IBLA and reinstated the BLM’s decision to issue the leases. The Councils appealed to the 10th Circuit, which exercised jurisdiction, reversed and remanded.

The Corvallis Gazette-Times has an AP report:

"In a victory for environmentalists, a federal appeals court on Tuesday reversed the awarding of three coal-bed methane leases, a ruling which could slow a booming natural gas industry in northeast Wyoming.

Four conservation groups had appealed a decision by the U.S. District Court of Wyoming upholding the U.S. Bureau of Land Management's issuance of the leases to Pennaco Energy, now a subsidiary of Marathon Oil Corp.

The district court had rejected a ruling by the Interior Department's Board of Land Appeals (IBLA), which halted the leases and said the BLM's environmental review was faulty.

At issue was whether the BLM satisfied the National Environmental Policy Act (NEPA) prior to auctioning the leases to Pennaco on Feb. 1, 2000, to extract coal-bed methane in the energy-rich Powder River Basin.

More specifically, the case centered on whether the environmental effects of coal-bed methane drilling are significantly different from the impacts of non-methane gas and oil development.

One of the documents relied upon by the BLM's Buffalo Field Office was an environmental impact statement for the area published in 1985, which did not specifically address coal-bed methane extraction.

A second document the BLM relied upon, the Wyodak draft environmental impact statement (DEIS) of 1999, did address potential impacts of methane drilling.

The Buffalo BLM office concluded the leases conformed to previous environmental study documents and issued the leases."

FEDERAL REGISTER, Aug. 11, 2004 

ENVIRONMENTAL PROTECTION AGENCY published Notice of Intent To Prepare an Environmental Impact Statement for the Oxnard Plain Groundwater Recharge Project, Santa Clara River, Ventura County, CA.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Gulf South Pipeline Company, LP’s Proposed Jackson Gas Storage Expansion Project, located in Rankin County, Mississippi.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Availability of a Draft Environmental Assessment for the Port of Anchorage, Marine Terminal Redevelopment Project. The DEA is on the Port of Anchorage Web site, here.

NUCLEAR REGULATORY COMMISSION published Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Process for Constellation Energy Group’s Nine Mile Point Nuclear Station, Units 1 and 2, located on the southeastern shore of Lake Ontario in the town of Scriba, Oswego County, New York.

Tuesday, August 10, 2004

NINTH CIRCUIT, Aug. 9, 2004 

A three-judge panel of the Court issued an amended opinion in Cold Mountain v. Garber, superseding its previous opinion.

FEDERAL REGISTER, Aug. 10, 2004 

DEPARTMENT OF HOMELAND SECURITY (Coast Guard) published Notice of Intent to Prepare a Draft Environmental Impact Statement for the Goethals Bridge Modernization Program.
SUMMARY: The U.S. Coast Guard, as the Federal lead agency, and in cooperation with the Port Authority of New York and New Jersey (PANY&NJ), intends to prepare and circulate a Draft Environmental Impact Statement (DEIS) for a proposed new bridge to replace the existing Goethals Bridge which crosses the Arthur Kill between Staten Island, New York and Elizabeth, New Jersey and is part of the Goethals Bridge Modernization Program. This Notice of Intent is a necessary part of the Environmental Impact Statement process as required by the National Environmental Policy Act (NEPA). The Coast Guard issues this Notice of Intent to provide notice of the prospective project and to seek comments to ensure that all significant issues are identified and the full range of alternatives and impacts of the proposed project are addressed.

DENALI COMMISSION published Notice of Proposed Rulemaking: National Environmental Policy Act Implementing Procedures.
SUMMARY: The Denali Commission proposes to establish 45 CFR Chapter IX and to add regulations for implementing the National Environmental Policy Act of 1969 (NEPA) and invites public comment on the proposed rule. All comments will be considered in preparing the final version.

DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for a proposed Yukon-Kuskokwim (Y-K) Road Project in the vicinity of Holy Cross and Crooked Creek, Alaska.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for NE McKenzie Allotment Management Plan Revisions, Dakota Prairie Grasslands, McKenzie Ranger District, North Dakota.

DEPARTMENT OF AGRICULTURE (Rural Utilities Service) published Notice of Availability of an Environmental Assessment for Seminole Electric Cooperative, Inc.’ Payne Creek Generating Station site in Hardee and Polk Counties, Florida.

Monday, August 09, 2004

FEDERAL REGISTER, Aug. 9, 2004 

DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for the proposed Interstate 73 (I-73) highway project in Dillon, Marion, and Horry Counties, South Carolina.

DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for the proposed Interstate 73 (I-73) highway project in Marlboro and Dillon Counties, South Carolina.

Friday, August 06, 2004

FLOATING ENVIROS PROTEST NUKE SHIPMENT TO FRANCE 

The Charlotte Observer has a report:

"A small flotilla of boats will take to the waters of Charleston Harbor on Saturday as demonstrators draw attention to the dangers of shipping weapons-grade plutonium around the world.

The Nuclear Free Flotilla will consist of small boats, canoes and kayaks, said Merrill Chapman of a local group called Citizens Against Plutonium.

More than a dozen vessels are expected this weekend in a trial run.

More boats from along the East Coast are expected later this year when a shipment of plutonium arrives in Charleston and is loaded on a ship for France, she said.

The local group, along with Greenpeace, wants a full environmental impact statement on Department of Energy plans to ship the 330 pounds of weapons-grade plutonium overseas for processing."

MONTANA WILDERNESS MINE REVIVED 

The Billings Gazette has an AP report:

"A Spokane, Wash.-based mining firm is attempting to revive a proposed mine in the Cabinet Wilderness near Libby in northwestern Montana.

The president of Mines Management Inc. said Thursday the firm will seek new state and federal permits for the long-dormant Montanore mining project.

'With the existing environmental impact statement as the basis for re-permitting, we believe the process will be significantly shorter than if we were starting from scratch,' said Glenn Dobbs, president and chief executive officer.

It took the original developer of Montanore five years to get permits."

JUDGE ORDERS DISCLOSURE OF BIOPHARM LOCATIONS 

SeedQuest has a report (via the Honolulu Advertiser):

"The federal government must reveal where companies grow genetically modified pharmaceutical crops in Hawai'i, a judge ruled yesterday.

Public interest groups are seeking the information to force the government to study the environmental impact of the crops they see as potentially dangerous. The government and industry contend public disclosure could lead to crop vandalism and corporate espionage of trade secrets.

After weighing the arguments, U.S. District Judge David Ezra ordered the U.S. Department of Agriculture to identify where four companies have received permits for open-field testing of pharmaceutical crops in Hawai'i and to reveal the locations to the environmental watchdog group Earthjustice and the Center for Food Safety, a nonprofit that challenges food production technologies.

* * *

Ezra gave the USDA another 90 days to prove that releasing the locations to the public would cause irreparable damage to the biotech industry. That step could force biotech companies to look elsewhere to conduct their pharmaceutical crop tests, a biotech industry representative said yesterday.

* * *

Earthjustice sought the locations of so-called biopharms to force the USDA to conduct environmental impact statements before allowing open-field crop research. Biopharming is a relatively new area of research where plants are engineered to produce nonfood items, such as drugs or industrial chemicals. Without confirmation of the locations, Earthjustice would have difficulty making the case for an environmental impact statement."

FEDERAL REGISTER, Aug. 6, 2004 

DEPARTMENT OF DEFENSE (Department of the Army) published Notice of Availability of Record of Decision for the Final Environmental Impact Statement for the Digital Multi-Purpose Range Complex at Fort Benning, GA. The ROD may be viewed on the Fort Benning Web site, here.

DEPARTMENT OF DEFENSE (Office of the Secretary) published Notice of Finding of No Significant Impact for the Air Force Memorial, Naval Annex Site Arlington, VA. The Environmental Assessment and Response to Comments on Environmental Assessment are available here.

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Availability of Draft Supplemental Environmental Impact Statement for the Wyoming Valley Levee Raising Project, Wilkes-Barre, PA. The Draft SEIS and related information are online here.

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

Draft EISs
ERP No. D-BIA-K65270-NV Rating LO, 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.
ERP No. D-FTA-C40163-NY Rating EC2, Fulton Street Transit Center, Construction and Operation, To Improve Access to and from Lower Manhattan to Serve 12 NYCT Subway Lines, Metropolitan Transportation Authority (MIA), MTA New York City Transit (NYCT), New York, NY.
ERP No. D-FTA-C54009-00 Rating EC2, 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.
ERP No. DS-FHW-G40169-AR Rating LO, Springdale Northern Bypass Projects, U.S. Highway 412 Construction, Additional Information Designation of a Preferred Alternative, Funding and NPDES Permit Issuance, Benton and Washington Counties, AR.

Final EISs
ERP No. F-AFS-J65400-UT East Fork Fire Salvage Project Timber Harvesting of Dead and Dying Trees, Implementation, Wasatch-Cache National Forest, Evanston Ranger District, Summit County, UT.
ERP No. F-DOE-E09014-KY Paducah, Kentucky, Site Depleted Uranium Hexafluoride Conversion Facility, Construction and Operation, McCraken County, KY.
ERP No. F-FHW-E40794-NC Second Bridge to Oak Island Transportation Improvement Project, SR-1104 (Beach Drive) to NC-211, Funding, U.S. Army COE Section 404 and US Coast Guard Bridge Permits Issuance, Brunswick County, NC.
ERP No. F-FHW-H40176-00 US 81 Highway, Yankton Bridge Replacement, Missouri River Crossing between the City of Yankton, Yankton County, South Dakota and Cedar County, Nebraska, Funding and Permit Issuance, SD and NE.
ERP No. F-FHW-J40155-CO CO-9 (Frisco to Breckenridge) Highway Improvements Project to Improve a 14.5-kilometer (9-mile) stretch of CO-9 between the Towns of Frisco and Breckenridge to Decrease Travel Time, Improve Safety, Support Transportation needs of Local and Regional Travelers, Funding, Right-of-Way and US Army COE Section 404 Permits, Summit County, CO.
ERP No. F-JUS-G81011-TX Rio Grande Operation Project, Reduction or Elimination of Illegal Drug Activities and Illegal Immigrants, Starr, Hidalgo and Cameron Counties, TX.
ERP No. F-USN-K11035-CA Military Family Housing (MFH) in the San Diego Region, Construction of 1,600 MFH Units, Three MFH Sites are Located in the Marine Corps Air Station (MCAS), Miramar in the City of San Diego, San Diego County, CA.
ERP No. FS-FHW-F40118-MI US-31 Freeway Connection to I-94, Napier Avenue to I-94 Transportation Improvements, Berrien County, MI.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements filed July 26, 2004, through July 30, 2004.

EIS No. 040348, DRAFT EIS, NPS, OR, Crater Lake National Park General Management Plans, Implementation, Klamath, Jackson and Douglas Counties, OR, Comment Period Ends: October 5, 2004, Contact: Terry Urbanowski (303) 969-2277.
EIS No. 040349, FINAL EIS, BLM, CO, Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Resource Management Plan, Implementation, Mesa County, CO, Wait Period Ends: September 7, 2004, Contact: Jane Ross (970) 244-3027.
EIS No. 040351, FINAL EIS, COE, CA, Port J. Long Beach Pier J South Terminal Expansion Project, Additional Cargo Requirements Associated with Growing Export and Import Volumes, Port Master Plan (PMP) Amendment, COE Section 404, 401 and 10 Permits, City of Long Beach, CA, Wait Period Ends: September 07, 2004, Contact: Aaron O. Allen (805) 585-2148.
EIS No. 040352, REVISED DRAFT EIS, AFS, CA, Cottonwood Fire Vegetation Management Project, Control Vegetation that is Competing with Conifer Seedlings, Sierraville Ranger District, Tahoe National Forest, Sierra County, CA, Comment Period Ends: September 20, 2004, Contact: Teri Bank (530) 994-3401.
EIS No. 040353, DRAFT EIS, AFS, MO, East Fredericktown Project, To Restore Shortleaf Pine, Improve Forest Health, Treat Affected Stands and Recover Valuable Timber Products, Mark Twain National Forest, Potosi/Fredericktown Ranger District, Bollinger, Madison, St. Francois and Ste. Genevieve Counties, MO, Comment Period Ends: September 20, 2004, Contact: Tom McGure (573) 438-5427.
EIS No. 040354, FINAL EIS, USN, MS, Purchase of Land in Hancock County, Mississippi, for a Naval Special Operations Forces Training Range, To Improve Riverine and Jungle Training Available, John C. Stennis Space Center, Hancock County, MS, Wait Period Ends: September 7, 2004, Contact: Richard Davis (843) 820-5589.
EIS No. 040355, FINAL EIS, BLM, CO, Silverton Outdoor Learning and Recreation Center, Authorization for Long-Term Use of 1,300 acres for Backcountry-type Skiing, Summer Recreation and Educational Activities, Amendment of the San Juan/San Miguel Resource Management Plan, San Juan County, CO, Wait Period Ends: September 7, 2004, Contact: Richard Speegle (970) 375-3310. This document is available on the Internet here.
EIS No. 040356, DRAFT EIS, AFS, SD, Southeast Geographic Area Rangeland Management on National Forest System Lands of the Buffalo Gap National Grassland, To Implement Best Management Grazing Practice, Buffalo Gap National Grassland, Falls River Ranger District, Falls River Ranger District, Fall River County, SD, Comment Period Ends: September 20, 2004, Contact: Michael L. Erk (605) 745-4107.
EIS No. 040357, DRAFT EIS, FRC, MA, Weaver's Cove Liquefied Natural Gas (LNG) Project, Construct and Operate Onshore Liquefied Natural Gas Import and Interstate Natural Gas Transmission Facilities, Falls River, Bristol County, MA, Comment Period Ends: September 20, 2004, Contact: Roberta Coulter (202) 502-8584.
EIS No. 040358, DRAFT EIS, NAS, HI, Outrigger Telescopes Project, Proposed for the W.M. Keck Observatory Site within the Mauna Kea Science Reserve, Funding, Construction, Installation and Operation, Island of Hawai'i, Comment Period Ends: September 30, 2004, Contact: Carl B. Pitcher (202) 358-0291.
EIS No. 040359, FINAL EIS, FHW, WI, Burlington Bypass State Trunk Highway Project, Construction, from WI-36, WI-11 and WI-83, Funding and COE Section 404 Permit, In the City of Burlington, Racine and Walworth Counties, WI, Wait Period Ends: September 7, 2004, Contact: David Platz (608) 829-7509.
EIS No. 040360, FINAL EIS, FHW, AK, Gravina Access Project, Transportation Improvements between Revillagigedo Island and Gravina Island, Funding, Endangered Species Act 7, NPDES and US Army COE Section 404 Permits Issuance, Ketchikan Gateway Borough, AK, Wait Period Ends: September 7, 2004, Contact: Mark Dalton (907) 644-2000. This document is available on the Internet here.
EIS No. 040361, DRAFT SUPPLEMENT, NOA, NC, FL, SC, GA South Atlantic Shrimp Fishery Management Plan, Amendment 6, Propose to Amend the Bycatch Reduction Device (BRD) Testing Protocol System, South Atlantic Region, Comment Period Ends: September 20, 2004, Contact: Roy E. Crabtree (727) 570-5301.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of the Proposed San Juan/San Miguel Resource Management Plan Amendment and Final Environmental Impact Statement for a Proposed Ski Area Near Silverton, CO. On the Internet here.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent To Prepare an Environmental Impact Statement for the Proposed White Pine Energy Station, a Coal-Fired, Water-Cooled, Electric Power Plant, and Associated Ancillary Facilities in White Pine County, Nevada and a Notice of Public Meetings.

DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Intent To Prepare an Environmental Impact Statement for the Restoration of Airfield Clear Zones and Storm Water Drainage Systems at Naval Air Station (NAS) Key West, FL.

SMALL BUSINESS ADMINISTRATION published Notice of Proposed Change in National Environmental Policy Act Procedures.

Thursday, August 05, 2004

TENTH CIRCUIT, Aug. 4, 2004 

A three-judge panel of the Court issued its opinion in Neighbors for Rational Development v. Norton. With regard to Appellant's NEPA claims, the Court concluded that Neighbors’ request for an injunction halting development on the property until the Secretary has complied with the National Environmental Policy Act is moot. The Court dismissed the appeal and remanded the case to district court with instructions to vacate its decision and dismiss the action.

PLATTE HABITAT RECOVERY PLAN CRITICIZED 

The Omaha World-Herald has a report:

"The proposed habitat recovery plan developed under the three-state Platte River Cooperative Agreement was both praised and criticized at a public hearing.

Although wildlife group officials said the plan is needed, Nebraskans First Executive Director Don Adams called it 'a Jurassic Park-like re-engineering-of-nature pipe dream.'

Monday's hearing focused on a draft environmental impact statement prepared by the Bureau of Reclamation and the U.S. Fish and Wildlife Service.

The study evaluates potential impacts of the plan and three alternatives on four threatened or endangered species - least terns, piping plovers, whooping cranes and pallid sturgeon.

The goal is to create a habitat recovery program that puts the entire basin into Endangered Species Act compliance. Projects in Nebraska, Wyoming and Colorado that have federal licenses or permits must comply, including Central Nebraska Public Power and Irrigation District and Nebraska Public Power District.

Jim Cook, legal counsel for the Nebraska Department of Natural Resources, said analysis of the environmental impact statement is an important step in deciding whether Nebraska will proceed with the first 13-year increment of the program.

Adams said the cooperative agreement is bad for the groundwater irrigators he represents.

'If the cooperative agreement program is adopted, irrigated agriculture in the Platte Valley will be hit hard and the local economies of the communities, which were built and are now sustained by dollars generated by irrigated agriculture, will suffer," Adams testified."

FALL RIVER OPPOSES LNG TERMINAL 

The Boston Globe has a report:

"The former oil terminal in North Fall River sits alongside a deep, polluted harbor lined by gritty smokestacks, just a few miles from an interstate gas pipeline. For energy companies, it would be an ideal location for New England's largest liquefied natural gas import terminal. For people who live down the street, the project would be a dangerous blight for a community seeking to escape its industrial past.

Despite public and governmental opposition, Weaver's Cove Energy LLC and Hess LNG are moving forward with a plan to meet New England's escalating demand for natural gas by installing a terminal in Fall River, a quarter-mile from the nearest residence.

At least eight communities around the United States have driven away proposed LNG facilities, but the proposed Fall River location is a privately owned, state-designated industrial port area and a contaminated brownfields site, meaning that the local government has no jurisdiction over the property. The Federal Energy Regulatory Commission will decide whether to issue a permit, and the agency issued a draft environmental impact statement last week that was widely seen as favorable to the project."

FEDERAL REGISTER, Aug. 5, 2004 

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Availability for the Final Environmental Impact Statement/Environmental Impact Report for the Pier J South Marine Terminal Expansion Project, Los Angeles County, CA.

DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability of Finding of No Significant Impact and Record of Decision for Capital Improvement Projects, Dane County Regional Airport, Madison, WI.

DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement: Cache County, Utah.
SUMMARY: The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in Cache County, Utah.

DEPARTMENT OF THE INTERIOR (Bureau of Indian Affairs) published