[WIMS] Environmental HotSheet 4/28/15

National / International News

<> SAB Review of the EPA's Draft Technical Guidance for Assessing Environmental Justice in Regulatory Analysis - The Science Advisory Board (SAB) reviewed EPA's the draft report titled Technical Guidance for Assessing Environmental Justice in Regulatory Analysis ("EJTG"). SAB expert panel to review the EJTG - background, meetings & documents

<> GAO Report on DOE Loan Programs: Current Estimated Net Costs Include $2.2 Billion in Credit Subsidy, Plus Administrative Expenses - GAO-15-438, April 27, 2015. The Loan Guarantee Program (LGP) and the Advanced Technology Vehicles Manufacturing (ATVM) loan programS support certain renewable or innovative energy technologies --  the loan portfolio and the portfolio's current status and more

<> USDA Awards $3.8 Million in Grants for Nanotechnology Research - The U.S. Department of Agriculture's (USDA) National Institute of Food and Agriculture (NIFA) announced more than $3.8 million in funding to support grants focused on using nanotechnology to find solutions to societal challenges such as food security, nutrition, food safety, and environmental protection.

<> The Arctic Council's Iqaluit Meeting: Nine Things You Need to Know - A short summary of highlights from the April 24 Arctic Council ministerial gathering in Iqaluit More details from the Arctic Council on the meeting

<> New "Cool Roof Time Machine" Will Accelerate Cool Roof Deployment - "By reducing product rating time to three days from three years, our new ASTM standard practice will speed the introduction of high-performance cool roofs not only in the United States, but around the world."

<> Energy Department Announces $10.5 Million for Next-Generation Marine Energy Systems – The funding to support the design and operation of innovative marine and hydrokinetic (MHK) systems through survivability and reliability-related testing of these systems.

<> NRC Issues Final Environmental Impact Statement for Davis-Besse Nuclear Power Plant License Renewal - The Nuclear Regulatory Commission has issued its final supplemental environmental impact statement for the proposed renewal of the operating license for the Davis-Besse nuclear power plant located in Oak Harbor, about 23 miles east of Toledo, which concludes there are no environmental impacts that would preclude renewing the plant's license.

<> Secretary Vilsack Announces Rural Schools Payments - April 27, 2015 - Agriculture Secretary Tom Vilsack announced today that $285 million will go to 41 states and the Commonwealth of Puerto Rico this year in support of local schools and roads as part of the Congressional two-year reauthorization of the Secure Rural Schools and Community Self-Determination Act.

<> EPA Administrator to Give Keynote Address at Columbia University's Global Energy Summit in NYC - The event will be live-streamed at 1:15 PM EDT with link available and she will discuss the President Obama's Climate Action Plan

<> How Israeli Desalination Technology Is Helping Solve California's Devastating Drought - With the Pacific Ocean abutting their shores, water desalination may be the much-needed solution for Californians; but desalination has its disadvantages, the chief ones being the high costs and the potential environmental damage -- a $1 billion desalination project is already underway in San Diego County – which will be the largest seawater desalination plant in the Western Hemisphere

U.S. Appeals Court Environmental Decisions

<> Allen v. The Boeing Co. - 4/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 15-35162. Plaintiffs sued Boeing and Landau Associates in State court alleging that for over forty years they released toxins into the groundwater around its facility in Auburn, Washington and failed in their investigation and remediation.      In a dispute over whether State or Federal Court was appropriate the Appeals Court ruled in part, "We hold that Plaintiffs' action does not come within the local single event exception to CAFA, and that, therefore, the district court has federal jurisdiction under CAFA." [Class Action Fairness Act]

<> California Dump Truck Owners Association V. Mary Nichols - 4/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175. At issue is whether the Environmental Protection Agency's (EPA) approval of the regulation as part of California's state implementation plan (SIP) divested the district court of subject matter jurisdiction under the Clean Air Act.      The Appeals Court ruled that because the court of appeals has exclusive jurisdiction over such challenges pursuant to § 307(b)(1), the district court lacked jurisdiction. Appellees' petition for rehearing and petition for rehearing en banc are denied.

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

<> Regional groups urge EPA to declare Western Lake Erie Watershed impaired - A coalition of 30 environmental, farm, grass-roots and other organizations from Michigan, Ohio and Indiana, requested U.S. EPA Administrator Gina McCarthy to initiate urgent protective actions for Lake Erie, including declaring the western basin an impaired watershed.

<> Western Lake Erie Basin: CAFO Manure Input for 2014 - Total CAFO Animals (all species) in Western Lake Erie Watersheds = 10,780,450; Total CAFO Annual Manure (liquids and solids) in Western Lake Erie Watersheds = 4,940,084,855 lbs Environmentally Concerned Citizens of South Central Michigan

<> Asian carp identification key - Ontario is working to keep aquatic invaders like Asian carps out of the Great Lakes. It is now illegal in Ontario to possess live bighead, silver, grass, or black carp as well as other invasive fish species.

Michigan News

<> Snyder to decide on presidential run in next few months - Gov. Rick Snyder said Monday he plans to decide whether to run for president "in the next couple of months or so."

<> MDEQ awards grants to 13 local governments to host river cleanups - MDEQ and Great Lakes Commission announced nearly $25,000 in grants ($500 to $5,000) to fund river, stream and creek cleanup events for volunteers around the state.

<> New executive order moves to improve Michigan's energy future - "The cheapest energy is the energy not used, and each homeowner lowering their own usage lowers the cost for everyone" Michigan Agency for Energy Executive Order

<> New Renewable Operating Permit (ROP) actions for comment - Public Notice, Staff Reports, Draft ROPs, ROP Renewal Applications -- comment deadline May 20, 2015

<> Energy policy debate is missing the point, advocates say - Three energy-related policies have been proposed by Republicans. Another is proposed by Democrats. But their focus remains firmly on savings for consumers and how to increase energy production.

<> All Trails Day Unites Trail Enthusiasts - Snowmobilers, ORV Riders, Hikers, Bicyclists, Equestrians, and Water Trail enthusiasts will gather at the Michigan State Capitol on today to work on trail issues with each other and with their state lawmakers. All Trails Day at the Michigan Legislature

<> State officials unconcerned about failing water-policy grade - The Alliance for Water Efficiency's most recent scorecard gave Michigan a mere three points out of the possible 40 for water efficiency and policy -- compare that to places such as fellow Great Lakes state Wisconsin with 15.5, Rhode Island's 20, or California's 29.

<> Today's property lines are based on the 200-year-old "Michigan meridian" - This month marks the 200th birthday of something that helped make Michigan the state we know today -- the bicentennial of the Michigan meridian -- the north-south line was the reference point for the Michigan Survey.

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 4/27/15

National / International News

<> Weekly Address: Fighting for Trade Deals that Put American Workers First - In this week's address, the President laid out why new, high-standards trade agreements are important for our economy, our businesses, our workers, and our values. Expanding Trade to Create More American Jobs - Delivering the Weekly Republican Address, House Ways & Means Committee Chairman Paul Ryan (R-WI) makes the case for bipartisan, bicameral legislation that will help secure new trade agreements. . .

<> Week in Review: A Conversation About Our Environment - From an Earth Day trip to a 1.5-million-acre wetland ecosystem to a trade deal that protects endangered species, this was a week of conversation about how we can protect our environment.

<> EPW Democrats Urge Chairman Inhofe to Withdraw Controversial "Secret Science" Bill from Tuesday's Markup - The EPW Democrats express concern that a legislative hearing has not yet been held on the controversial legislation, which "would dramatically change what data and scientific research the Environmental Protection Agency could use in fulfilling its mission to protect public health and welfare." Markup website and link to webcast S. 544: A bill to prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible

<> Get the Facts on Coal-Based Electricity - [From the Clean Coal Asso.] Many of the devices, machines, cars, buildings and communities around are fueled by coal, which provides 39 percent of America's electricity -- CoalFacts.org, a site aimed at educating Americans about our nation's most abundant and affordable fuel source.

<> Key Insights from a Solutions Forum on Carbon Pricing and Clean Power - The first C2ES Solutions Forum — held on April 15, 2015 — brought together legal and economic experts, state environmental directors, and business leaders to explore the potential use of market mechanisms to reduce damaging carbon emissions efficiently and cost-effectively.

<> Can the World Run on Renewable Energy? - Renewable energy is still a very small part of the mix both in the U.S. and globally.

<> Focus on environmental protection a welcome change in direction for Arctic Council: WWF-Canada - As the United States takes the helm of the Arctic Council, WWF-Canada has high hopes for a renewed agenda that is reported to include concrete actions on climate change and protection of the fragile Arctic environment. Arctic Oil Spills In Canada Likely To Spread Across Borders: Study Secretary of State John Kerry speaking & Q&A before the Arctic Council

<> Walmart Cuts 17.4M Metric Tons of GHGs from Global Supply Chain - Walmart is on track to eliminate 20 million metric tons of greenhouse gas emissions from its global supply chain by the end of 2015. Walmart Highlights Progress in 2015 Global Responsibility Report

<> High Mountains Warming Faster Than Expected - High elevation environments around the world may be warming much faster than previously thought, according to members of an international research team including Raymond Bradley, director of the Climate System Research Center at the University of Massachusetts Amherst.

U.S. Appeals Court Environmental Decisions

<> Delta Construction Company v. EPA – 4/24/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 11-1428, consolidated with 11-1441, 12-1427 & 13-1076. Petitioners attack the standards on procedural grounds, and an overlapping group challenges EPA's truck standards. The Appeals Court rules that the petitions for review are dismissed. Court Upholds Landmark Greenhouse Gas and Fuel Efficiency Standards for Trucks and Buses

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

<> How an upstream ditch limits downstream algae - Standard ditches drain phosphorus, nitrogen and excess dirt into rivers and streams, contaminating the water and hurting its inhabitants -- the two-stage system prevents them from entering the watershed.

<> Science shines light on algal bloom problems - Scientists are gaining new insights into what causes harmful algal blooms in Lake Erie and what should be done to deal with them, a Bowling Green State University scientist said at the BGSU Firelands campus in Huron, Ohio.

<> Micro-plastics in high concentrations found in Lake Erie - Researchers at 5 Gyres Institute have conducted an extensive research of The Great Lakes and they have found presence of plastic in high concentrations with the highest concentrations of micro-plastics observed in Lake Erie.

Michigan News

<> Top 5 environmental issues facing Michigan - The following, in no particular order, could be the most important environmental issues facing Michigan in the next decade. . .

<> Schuette, Creagh Announce $25 Million Civil Settlement, Two Criminal No Contest Pleas by Chesapeake Energy Corp. to Resolve Racketeering, Bid-Rigging Allegations - The settlement resolves allegations the company conspired with Calgary-based Encana Oil & Gas to avoid bidding wars against each other in Michigan public auctions for oil and gas leases that caused lease prices to plummet in October 2010 and also addresses complaints that Chesapeake defrauded hundreds of private citizens by fraudulently cancelling their oil and gas leases in 2010.

<> Which Michigan lawmakers replied -- and those who didn't -- to survey on roads tax - The Associated Press emailed all 148 members of Michigan's  Legislature asking them to answer three questions about the May 5 ballot measure that would increase the state's sales tax to trigger more money for roads

<> DNR will plant 2 million pines to help rare songbird - This time of year, the DNR plants some 2 million pine trees in Northern Michigan in an effort to save what it calls the rarest song bird in North America -- there are some 4,000 Kirtland's warblers in existence. . .

<> An Invisible Resource – Recycling Waste Heat - Industrial chimney stacks typically disgorge a large volume of waste heat that can now be captured, recycled and put to use in a wide variety of creative ways -- the new Property Assessed Clean Energy (PACE) financing now makes it possible.

<> Michigan Corn Growers Urge Swift Passage of Trade Promotion Authority - MCGA applauded the Senate Finance Committee for advancing the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015) out of committee and urged Congress to act swiftly to pass the final bill.

<> Bodman moves into top 5 on Crain's largest law firms list - Crain's Detroit Business - Over the 30 years since Crain's Detroit Business began tracking the largest law firms in Southeast Michigan, four firms consistently have been among the top five as ranked by the number of local lawyers -- Bodman LLP now ranks behind Honigman Miller Schwartz and Cohn LLP, Dickinson Wright PLLC, Dykema Gossett PLLC and Miller, Canfield, Paddock and Stone PLC.

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 4/24/15

 

National / International News

<> EPA Responds To House Science Committee Subpoena For McCarthy Records - The subpoena seeks "billing records for any and all ... mobile electronic devices issued by the government to Administrator McCarthy;" "records revealing any telephone numbers to which texts were sent, or from which texts were received;" "communications regarding the official use of text messaging;" and "text messages that have been retained by the EPA as Agency records. " Information Production to the House Science, Space and Technology Committee

<> House Committee Examines Science of Hydraulic Fracturing, Allegations of Water Contamination - The House Science, Space, and Technology Committee held a hearing to examine the science behind claims that hydraulic fracturing causes groundwater contamination and other environmental concerns. Committee Hearing - Hydraulic Fracturing: Banning Proven Technologies on Possibilities Instead of Probabilities – Background, statements, hearing testimony Democrats Highlight Public Health Concerns related to Fracking and Advocate for Local Communities' Rights

<> Energy Efficiency Improvement Act Goes To President - U.S. Senators Rob Portman (R-OH) and Jeanne Shaheen (D-NH) announced that their Energy Efficiency Improvement Act of 2015 has passed the House and is now headed to the President for signature -- This bill, which passed the Senate in March, contains key energy efficiency provisions that will strengthen the economy and reduce pollution. S.535: Energy Efficiency Improvement Act of 2015

<> Visitor Spending at National Parks Boosts Economy by $30 Billion Annually - Record numbers of visitors to national parks in 2014 translated into $29.7 billion in economic activity that supported nearly 277,000 jobs across the country

<> EIA report highlights top 100 U.S. oil and natural gas fields - (Fri, 24 Apr 2015) The top 100 oil fields in the United States accounted for 20.6 billion barrels of crude oil and lease condensate proved reserves, or 56% of the U.S. total in  2013.

<> Forest Mismanagement Causing Increasingly Catastrophic Wildfires, Devastating Impacts on Environment - The Subcommittee on Federal Lands held an oversight hearing on the devastating impacts of wildfire and the need to significantly increase forest management efforts on the National Forest System.  House Subcommittee Hearing website – Background, testimony and webcast

<> One New York: The Plan for a Strong and Just City - Mayor de Blasio Released OneNYC Plan which establishes bold goals and specific targets for a strong, sustainable, resilient, and equitable city – 800,000 people out of poverty by 2025, Zero Waste, eliminating long-term displacement after future shock events, and much more. . . Read the full plan

<> Deepwater Horizon Trustees Announce Agreement in Principle for Next 10 Early Restoration Projects - The Deepwater Horizon oil spill Natural Resource Damage Assessment Trustees (Trustees) today announced another milestone in Gulf of Mexico early restoration.

<> Applications for START Clean Energy Project Development Technical Assistance Due May 1 - Eligible applicants include Indian Tribes, Alaska Native regional corporations, and formally organized tribal energy resource development organizations -- Up to five projects will be selected to accelerate clean energy project development

<> Agriculture Secretary Tom Vilsack and Senior White House Advisor Brian Deese Announce Partnerships with Farmers and Ranchers to Address Climate Change - EAST LANSING, Mich. April 23, 2015 — In a speech today at Michigan State University, Agriculture Secretary Tom Vilsack laid out a comprehensive approach to partner with agricultural producers to address the threat of climate change.  Senator Stabenow Applauds New USDA Initiative to Help Farmers, Ranchers, and Foresters Address Threat of Climate Change

<> Ocean Assets Valued at $24 Trillion, but Dwindling Fast - A new report from World Wildlife Fund highlights the economic value of Earth's marine environments

<> Energy Dept. Withholds MOX Report; Summary Reveals Major Cost Estimate Increases - A one-page summary of the report findings estimates the life-cycle cost of the MOX (Mixed Oxide Nuclear Fuel) program in real (inflation-adjusted) dollars at a minimum of $47.5 billion.

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

<> U.S. Reps Introduce Bipartisan Legislation to Prevent Harmful Algal Blooms in Great Lakes - Representatives Tim Ryan (D-OH), David Joyce (R-OH)  and Marcy Kaptur (D-OH) introduced bipartisan legislation, H.R.1923, to require the Environmental Protection Agency (EPA) to appoint a coordinator to address the issue of harmful algal blooms in the Great Lakes,  which affected over a half million Ohioans last year. H.R. 1923: To require U.S. EPA to appoint a coordinator for issues relating to harmful algal blooms in the Great Lakes

<> Lake Michigan reaches highest level since 1998 - Lake Michigan's water level has officially rebounded from its historic low of 576 feet, recorded in January 2013 -- the average water level across the Michigan and Huron basin reached just over 579 feet in March 2015 -- the highest recorded water level for lakes Michigan and Huron was 582.3 feet in 1986.

Michigan News

<> Democratic lawmakers announce bold energy legislation - Democratic legislators announced the Powering Michigan's Future legislative package to build upon the success of Michigan's thriving clean energy sector which is creating jobs, reining in costs and protecting the health of Michigan kids, families and seniors -- the bills will increase Michigan's use of renewable energy while reducing energy waste. SB 0295, SB 0296, SB 0297, HB 4518, HB 4519 MLC Voters Lauds Powering Michigan's Future Legislation - Michigan League of Conservation Voters Executive Director, Lisa Wozniak said, "The Powering Michigan's Future bill package presents a plan for Michigan's energy future that will create jobs, spark investment and protect our clean air and Great Lakes. . ." Sierra Club Responds to Energy Legislation from Michigan Democrats Bills to Increase Michigan's Renewable Energy Standard a Huge Step Forward Democrats' Proposal to Strengthen Michigan's Renewable Energy and Energy Efficiency Standards Is an Important Step Forward, but State Could Go Further with Renewables

<> Dem Reps Introduce Pipeline Safety Legislation - Representatives Sarah Roberts (D-St. Clair Shores), Jeff Irwin (D-Ann Arbor),Gretchen Driskell (D-Saline) and Tom Cochran (D-Mason) introduced a package of bills today to call for more state oversight for oil and gas pipelines throughout Michigan. HB 4511, HB 4512, HB 4513, HB 4514

<> MPSC Approves Settlement Agreement Authorizing Wisconsin Public Service Corporation to Raise Electric Rates

<> MPSC Directs Wisconsin Electric Power Company to Cease Billing Verso Paper Corp. for Standby Energy in 2012 - MPSC said that WEPCo's tariff "unequivocally provides that standby energy is zero during a company approved, prescheduled maintenance period."

<> MPSC Approves Settlement Agreement Transferring Control of Wisconsin Public Service Corporation and Michigan Gas Utilities Corporation from Integrys Energy Group, Inc. to Wisconsin Electric Corporation

<> MPSC Approves Special Contracts between Wisconsin Electric Power Company and Tilden Mining Company, L.C. and Empire Iron Mining Partnership

<> Annual Testing in Bovine TB Area Finds Infected Herd - Testing recently confirmed a medium size dairy herd as bovine TB positive in Alpena County.

<> West Michigan trout stream compromised - MDEQ is investigating tree clearing done along the Coldwater River in Barry County

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 (4/23/15)

IN THE SENATE

SB 0295 of 2015 Energy; alternative sources; renewable portfolio standard; increase, and provide for phase-in. [COMMITTEE]

SB 0296 of 2015 Energy; alternative sources; energy optimization standards; increase. [COMMITTEE]

SB 0297 of 2015 Energy; alternative sources; renewable portfolio standard; eliminate surcharge. [COMMITTEE]

IN THE HOUSE

HB 4509 of 2015 Natural resources; wildlife; ivory, ivory product, rhinoceros horn, or rhinoceros horn product; prohibit importation, sale, purchase, barter, or possession with intent to sell. Creates new act. [Committee]

HB 4511 of 2015 Natural resources; gas and oil; pipelines; provide the department of environmental quality with regulatory oversight. [Committee]

HB 4512 of 2015 Natural resources; gas and oil; requirement for siting, construction, and operation of pipelines; regulate. [Committee]

HB 4513 of 2015 Natural resources; gas and oil; operation of natural gas pipelines; require compliance with natural resources and environmental protection act. [Committee]

HB 4514 of 2015 Environmental protection; other; good-faith effort to employ or contract with Michigan residents for oil and gas pipeline cleanups; require. [Committee]

HB 4518 of 2015 Energy; alternative sources; renewable portfolio standard; increase, and provide for phase-in. [Committee]

HB 4519 of 2015 Energy; alternative sources; renewable portfolio standard; eliminate surcharge. [Committee]