[WIMS] Environmental HotSheet 5/18/15

 

TO AVOID DISRUPTION IN YOUR SERVICE PLEASE RENEW BY JUNE 1st All Subscriptions Expire on June 1, 2015 (click here)

National / International News

<> Green Innovation Index, International Edition - A new report, by the organization Next 10, for the first time analyzes and ranks the economic and energy performance of the world's 50 largest greenhouse gas emitting nations -- charts country GDP, emissions, energy productivity, renewable energy generation, clean tech investments and other key metrics.

<> Shuster-Ryan Statement on Surface Transportation Extension - House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and House Ways and Means Committee Chairman Paul Ryan (R-WI) introduced legislation to authorize the highway and transit programs through the end of July -- the legislation is designed to allow transportation spending to continue through July, while Congress continues to work towards a next step to close the Trust Fund's shortfall.

<> Government of Canada announces 2030 emissions target - Environment Minister Leona Aglukkaq announced that Canada plans to reduce its greenhouse gas (GHG) emissions by 30% below 2005 levels by 2030 -- Canada has now formally submitted its target, referred to as an intended "Nationally Determined Contribution," to the United Nations Framework Convention on Climate Change UNFCCC's Intended Nationally Determined Contributions (INDCs) website Sierra Club Statement On Canada's Carbon Reduction Commitment NRDC: Canada Falls Short on Climate Commitment

<> Smith: EPA Skirts Transparency, Communicates with Outside Groups on Private Email - Science, Space, and Technology Committee Chairman Lamar Smith (R-TX) sent letters to EPA, the Department of Energy (DOE) and a former EPA employee demanding documents related to the use of private email and text messages to avoid federal transparency requirements.

<> Senators Introduce Bills to Increase States' Share of Oil and Natural Gas Revenues - U.S. Sens. Lisa Murkowski (R-AK), Bill Cassidy (R-LA), and Tim Scott (R-SC), each introduced separate proposals to increase energy production on the Outer Continental Shelf (OCS) and increase revenue sharing with states that support offshore energy production activities.

<> Markey Introduces Legislation to Reform Coal Leasing on America's Public Lands - Senator Ed Markey (D-MA) introduced the Coal Oversight and Leasing (COAL) Reform Act (S.1340) to modernize the program to protect taxpayers and end noncompetitive leasing practices and other weaknesses in the leasing program.

<> Bicameral Leaders Call on EPA to Include Small Business Input in Clean Power Plan Rulemaking - Members of the House and Senate today sent a letter to EPA Administrator Gina McCarthy calling on EPA to include input from small business representatives as the agency develops a model federal plan under the proposed Clean Power Plan.

<> Subcommittee Gets an Update on the Nation's Nuclear Waste Policy - The Subcommittee on Environment and the Economy, chaired by Rep. John Shimkus (R-IL), received an update on the nation's nuclear waste management policy, hearing from a panel of diverse witnesses who underscored the urgent need to deal with this pressing problem. Hearing: Update on the Current Status of Nuclear Waste Management Policy – Background, statements, witness testimony & webcast

<> Business & Climate Summit 2015 - Bringing together over 1000 leading businesses, investors & policymakers in Paris, May 20-21, 200 days before the UNFCCC COP21 meeting Climate Week In Paris - Climate Week Paris, convened by The Climate Group around the Business & Climate Summit, starts today and features over 25 high level events, reflecting the continued momentum and support that the UN Climate Summit and Climate Week NYC built last year.

<> International Treaty Bans Pentachlorophenal, U.S. Continues Use on Utility Poles and Railroad Ties - Delegates from more than 90 countries took the unprecedented step of voting last week for a global ban on pentachlorophenol (penta) – a proven toxic pesticide and contaminant found in wildlife and human biomonitoring studies worldwide -- the historic vote came at the combined meetings of the Basel, Rotterdam, and Stockholm Conventions

<> Joint Statement on Climate Change between India and China - China and India are fully engaged in their domestic preparations for their respective intended nationally determined contributions (INDCs) in the context of the 2015 agreement and will communicate their INDCs as early as possible and well before the Paris Conference.

U.S. Appeals Court Environmental Decisions

<> National Association of Home v. EPA – 5/15/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5290. Home Builders challenged a preliminary, internal determination, made by U.S. EPA and the Army Corps of Engineers in 2008, that two stretches of the Santa Cruz River in southern Arizona are traditional navigable waters -- i.e.  "waters of the United States."      The Appeals Court denied the Home Builders challenge and ruled, "We hold that Home Builders' case for standing, although since supplemented with new declarations from members adding factual detail to their assertions of injury, is materially unchanged and thus precluded by Home Builders I."

<> Turlock Irrigation District v. FERC - 5/15/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1250 & 1253 Turlock contends that the Project does not fall within FERC's licensing jurisdiction. Conversely the Tuolumne River Trust and other conservation groups said FERC erred by not finding that it had licensing jurisdiction for four reasons instead of three determined by FERC.      The Appeals Court  concludes that FERC's jurisdictional determinations were supported by substantial evidence and deny the Districts' petition for review. We dismiss the Trust's petition as it raises no justiciable case or controversy.

Federal Register Highlights  The following is an alert of Environmental Federal Register announcements that may be of interest.  (Click here to access today's complete Federal Register index with links to complete announcements).

<> Nothing We're Tracking Today (click for the complete Energy & EPA announcements)

Great Lakes News

<> Genetics Provide New Hope for Endangered Freshwater Mussels - A recent U.S. Geological Survey led study examined six species of freshwater mussels in four Great Lakes Tributaries in southwestern Ontario.

Michigan News

<> MDEQ Environmental Calendar for May 18, 2015

<> Consumers Energy Closing Second-Most Coal Plants in Nation; Shows Need for Michigan-first Energy Plan - Consumers Energy's plans to retire its seven oldest coal-fired generating plants by April 2016 – 32 percent of its fleet – mean that only one other energy provider in the country is retiring a larger percentage of its coal plants. Consumers Energy third Accountability Report - a snapshot of the company's work to meet Michigan's energy needs now and for the future.

<> Isle Royale study could soon be gone with the wolves - With only three resident wolves on the island, down from nine wolves the previous season, the longest, continuous predator-prey study (57-years) could be coming to an end — or perhaps moving in a new direction.

<> Pre-planning meeting with the State Revolving Fund and Drinking Water Revolving Fund experts - Does your community have drinking water or wastewater infrastructure needs? Are you wondering how to finance all those improvements? Contact MDEQ to arrange a FREE pre-planning meeting

<> Drug-tainted oil, sold as food-grade, caused Michigan turkey farm disaster - Federal authorities say an Ohio-based recycling company continued selling tainted soy oil weeks after an earlier shipment of the product cost a West Michigan farm more than $1 million, killing 47,000 turkeys and ruining 500 tons of feed.

<> Michigan Sierra Club Chapter Update: May 17, 2015 - Say NO to Pipeline Secrecy; Shut Down Line 5; Air Quality in W. Michigan; and more

Michigan Legislative Tracking  Newly introduced bills and bills that are moving, if any, are listed below. Click on the bill number for complete status, full text, & analyses. Uppercase is Senate action; lowercase is House action. Otherwise, for a complete list of environmental legislation this session (click here).

[WIMS] Environmental HotSheet 5/15/15

 

TO AVOID DISRUPTION IN YOUR SERVICE PLEASE RENEW BY JUNE 1st All Subscriptions Expire on June 1, 2015 (click here)

National / International News

<> U.S. power sector CO2 emissions expected to increase through 2040 - (Fri, 15 May 2015) Although U.S. carbon dioxide emissions associated with electricity generation have fallen from the 2005 level, they are projected to increase in the coming decades, based on analysis in EIA's Annual Energy Outlook 2015 (AEO2015) that reflects current laws and regulations, and therefore does not include proposed rules such as the U.S. Environmental Protection Agency's Clean Power Plan.

<> Senate Reverses Course and Advances TPP Fast Track Bill - The U.S. Senate advanced the Fast Track bill today in a rushed vote following a slew of concessions made to swing Democrats who had voted to block it earlier this week Hatch Welcomes Senate Action on Bipartisan Trade Bills - Finance Committee Chairman Orrin Hatch (R-Utah) welcomed floor action on Finance Committee-passed trade legislation - the Trade Preferences Extension Act of 2015, also known as the preferences bill, and the Trade Facilitation and Trade Enforcement Act of 2015, known as the customs bill Wyden Touts Progressive, Modern Approach to Trade that Throws Out NAFTA Playbook - Senate Finance Committee Ranking Member Ron Wyden (D-OR) said the legislation pending before the Senate represents a new approach to trade Access the roll call votes on H.R. 1314 & 644

<> How will the world react to Pope Francis's encyclical on climate change? - The subject in question is climate change, as the Holy Father gears up to release a much-anticipated Papal encyclical – a letter to Catholics everywhere – that will consider care for creation, sustainable development and the impact that climate change is having on the world's poorest people.

<> API Sues U.S. Over Oil-Train Rules - The American Petroleum Institute said it filed a lawsuit against the U.S. Department of Transportation challenging a federal timeline for oil-train safety.

<> OIG Report On EPA's Oversight of State Pesticide Inspections - The EPA Office of Inspector General (OIG) says EPA oversight needs improvement to better ensure safeguards for workers, public and environment are enforced

<> Duke Energy Subsidiaries Plead Guilty and Sentenced for Clean Water Act Crimes/The companies will pay a fine and conduct community service and wetlands mitigation - Three subsidiaries of North Carolina-based Duke Energy Corporation, the largest utility in the United States, pleaded guilty today to nine criminal violations of the Clean Water Act at several of its North Carolina facilities and agreed to pay a $68 million criminal fine and spend $34 million on environmental projects and land conservation to benefit rivers and wetlands in North Carolina and Virginia.

<> Facilitating the Development of Offshore Wind Energy in the United States - The Energy Department's Wind Program is seeking feedback from the wind industry, academia, research laboratories, government agencies, and other stakeholders regarding the key challenges currently facing offshore wind energy and the Wind Program's implementation of the Energy Department's National Offshore Wind Strategy report released in 2011.

<> API Ad Campaign To Stop New Ozone Regulations - The American Petroleum Institute (API) will launch a major new television, radio, print, and online advertising campaignFriday to urge the Obama administration to keep the current ozone standards rather than implementing new ones -- "A new standard in the range of 65 to 70 parts per billion could be the costliest regulation ever imposed on the American public."

<> Why the 97 per cent consensus on climate change still gets challenged - Active misinformation campaigns by those seeking to oppose or delay climate policy has created a persistent "consensus gap" -- one of the most persistent among them is Professor Richard Tol, an econometrician who teaches at the University of Sussex

<> The Arguments That Convinced a Libertarian to Support Aggressive Action on Climate - Jerry Taylor, a longtime veteran of the libertarian think tank Cato Institute who recently founded his own libertarian organization, the Niskanen Center -- about five or six years ago, he says, he was convinced by a series of discussions, mainly with other right-leaning thinkers, that he was wrong on climate policy -- his position "fundamentally switched."

<> Democrats, Sportsmen Organizations Hold Major Roundtable on the Future of Public Lands Conservation, Fate of Land and Water Fund - As part of Ranking Member Raúl M. Grijalva's (D-AZ) ongoing efforts to diversify the environmental movement and establish new conservation alliances, Democratic House Natural Resources Committee lawmakers and members of the Congressional Sportsmen's Caucus held a major roundtable on May 13, with national hunting, fishing, wildlife and conservation organizations to discuss potential collaboration on public lands issues, habitat protection, wildlife conservation and access to public lands and waterways.

U.S. Appeals Court Environmental Decisions

<> Resource Investments v. U.S. - 5/12/15. In the U.S. Court of Appeals, Federal Circuit, Case No. Resource Investments, Inc. and Land Recovery, Inc. (collectively, "Resource Investments") appeal the Court of Federal Claims' ("Claims Court") dismissal of their Fifth Amendment takings claim pursuant to 28 U.S.C. § 1500. The Appeals Court affirmed the Federal Claims' decision -- "the Claims Court correctly dismissed Resource Investments' complaint as barred by § 1500."

Federal Register Highlights  The following is an alert of Environmental Federal Register announcements that may be of interest.  (Click here to access today's complete Federal Register index with links to complete announcements).

<> REMEDIATION, SUPERFUND, MICHIGAN - Proposed Rule. U.S. EPA - National Priorities List: Deletion of the Burrows Sanitation Superfund Site, Hartford Township, Van Buren County, MI

<> REMEDIATION, SUPERFUND, MICHIGAN - Direct Final Rule. U.S. EPA - National Priorities List: Deletion of the Burrows Sanitation Superfund Site, Hartford Township, Van Buren County, MI

(click for the complete Energy & EPA announcements)

Great Lakes News

<> Canada and U.S. Draft Reports for Candidate Chemicals for Public Review - The 2012 Great Lakes Water Quality Agreement requires the United States and Canada to identify Chemicals of Mutual Concern (CMCs) that the two countries agree are potentially harmful to the environment or human health as a result of their presence in the waters of the Great Lakes.

<> GLSLCI Annual Meeting - The Great Lakes and St. Lawrence Cities Initiative's 2015 Annual Conference will be held June 17-19, 2015, in Sarnia, Ont. -- Bridging Innovation and Change has been chosen as the overarching theme.

Michigan News

<> 'Pure Michigan' campaign could disappear under House Republican road plan - House Speaker Kevin Cotter announced a plan to pump up to $1 billion into roads, but it takes money away from the Michigan Economic Development Corporation, which runs the Pure Michigan campaign -- MEDC President and CEO Steve Arwood, said the Pure Michigan campaign was at stake. Speaker Cotter announces new committee to address roads issue - Speaker of the House Kevin Cotter (R-Mt. Pleasant) announced the creation of a new committee to address Michigan's infrastructure funding future -- the Committee on Roads and Economic Development. 12 bills introduced & referred to the new committee

<> Detroit water shutoffs set for next week, as payment plans fail - Some 18,000 Detroit households could have their water shut off next week,  less than a year after the city started a program that was supposed to avoid this exact situation -- Detroit residents owe the city $47 million in late water bills, according to a water department report from March.

<> MPSC Conditionally Approves Consumers Energy's Request to Amend Its Renewable Energy Plan by Adding Community Solar Program - If adopted by the utility, it would be the first community solar program offered by a regulated electric utility in Michigan -- participants have the opportunity to purchase subscriptions in 0.5 kilowatt blocks and receive a bill credit for 25 years based on the amount of electricity generated by the solar installation. Access the complete docket for background information

<> MPSC Authorizes Indiana Michigan Power Company to Reconcile Its 2013 Energy Optimization Revenues and Expenses - Beginning with June, residential customers using 500 kilowatt hours of electricity per month will see an decrease of 5 cents on their monthly bills.

<> MPSC Directs DTE Michigan Gathering Holding Company to Supply Additional Information on Two Natural Gas Pipelines - 90 days to supply additional information related to its already-submitted environmental assessments on two natural gas pipeline projects -- the Garfield 36 pipeline (Case No. U-17195) and the Beaver Creek 11 Pipeline (Case No. U-17196) in Kalkaska and Crawford counties, respectively.

<> Warren, Michigan Resolutions On Air Quality & Coal - This week the city council in Warren, third most populous city in Michigan, unanimously passed two resolutions to significantly improve the community's air quality and reduce dependence on coal for electricity.

<> DNR: Bald eagle found fatally shot in Washtenaw County - The bird was found in a rural area on April 3 in Salem Township, northeast of Ann Arbor.

Michigan Legislative Tracking  Newly introduced bills and bills that are moving, if any, are listed below. Click on the bill number for complete status, full text, & analyses. Uppercase is Senate action; lowercase is House action. Otherwise, for a complete list of environmental legislation this session (click here).

 

Daily Activity (5/14/15)

IN THE HOUSE

HB 4604 of 2015 Natural resources; soil and erosion; soil erosion and sedimentation permit process; provide exemption for certain agricultural practices. [Committee]

HB 4093 of 2015 Appropriations; zero budget; department of environmental quality; provide for fiscal year 2015-2016. Creates appropriation act. [Laid Over 1 day]