[WIMS] Environmental HotSheet 4/29/15

National / International News

<> American Lung Association's 2015 'State of the Air' Report - More than four in 10 Americans - nearly 138.5 million people - live in counties where ozone or particle pollution levels make the air unhealthy to breathe, according to the American Lung Association's "State of the Air 2015" report State of the Air 2015 report

<> Universal LNG Solutions Inc. Unveils First Clean, Efficient Long-Distance Big Rigs - Universal LNG Solutions Inc. rolled out the first four trucks in a fleet of 95 of the most advanced liquefied natural gas (LNG) big rigs in the nation at the campus of Sancus Energy, an LNG technology leader -- the first in the country with the capability to haul 80,000 pounds of goods for more than 700 miles per fill-up, an unprecedented achievement that will change the face of long-distance trucking.

<> Vatican official calls for moral awakening on global warming - Increasing use of fossil fuels is disrupting Earth on an "almost unfathomable scale", a top Vatican official has said, warning that a "full conversion" of hearts and minds is needed if global warming is to be conquered. Sierra Club Statement On The Vatican Climate Summit

<> Court Declares Vermont's Genetically Engineered Food Labeling Law Constitutional - Center for Food Safety (CFS) hailed the just-issued federal court decision from the U.S. District Court for the District of Vermont affirming the constitutionality of Vermont's genetically engineered food labeling law, Act 120. Grocery Manufacturers Association, et al v. Vermont

<> Farm Bureau to FAA: Farmers and Ranchers Will Soar with Agricultural Drones - The American Farm Bureau Federation told the Federal Aviation Administration that high-tech cameras and other airborne sensors give us important tools with which to reduce erosion and keep agricultural runoff to the absolute minimum -- important not just for farmers but for anyone else who cares deeply about the environment. NPRM: Operation and Certification of Small Unmanned Aircraft Systems

<> EPA To Decide On Public Reporting Of Oil And Gas Toxic Chemicals By October 30 - The U.S. District Court for the District of Columbia has entered a stay in a lawsuit that environmental organizations filed against U.S. EPA over the agency's failure to require the oil and gas industry to report its toxic emissions to the federal Toxics Release Inventory database -- EPA confirmed that it would respond to the groups' petition by October 30, 2015,

<> Extreme Rainfall Analyses Can Point to Right Size for Culverts - Across the contiguous United States, and especially in the Northeast, the amount of precipitation falling in very heavy events has increased significantly over the last century.

<> 88 Groups Say Rep. Whitfield's Pro-Polluter Bill Undermines Health and Climate Action - Eighty-eight leading conservation, Latino, health, scientific and environmental organizations today urged lawmakers to reject a bill to delay federal climate action authored by Rep. Ed Whitfield (R-KY), saying it would give polluters free rein to keep dumping unlimited amounts of dangerous carbon pollution into our air. EPA's Pending Power Plant Rule Threatens the American Dream - Energy and Power Subcommittee Chairman Ed Whitfield (R-KY), Rep. Sanford Bishop (D-GA), Rep. Morgan Griffith (R-VA), and Rep. Collin Peterson (D-MN) have introduced the Ratepayer Protection Act. H.R. 2042 - To allow for judicial review of any final rule addressing carbon dioxide emissions from existing fossil fuel-fired electric utility generating units before requiring compliance with such rule, and to allow States to protect households and businesses

<> "Prevented Planting" Crop Insurance Plows Up Wetlands, Wastes Billions - In the report, EWG analyzed payments under the "prevented planting" coverage option of the heavily subsidized federal crop insurance program and says, "Big payouts are going out every year to the same counties because farmers are trying to plant in seasonal wetlands that are usually too wet to plant in the spring. . ."

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

<> Tom Melius Appointed New Commissioner of the Great Lakes Fishery Commission - The President has appointed Midwest Regional Director, Tom Melius, as the Federal Commissioner of the Great Lakes Fishery Commission -- the position has remained vacant since 2010.

Michigan News

<> EPA to share several cleanup plans for Kalamazoo River Superfund Project - EPA, working with Michigan Department of Environmental Quality, is planning to share cleanup plans in the coming months for several areas or "operable units" of the Kalamazoo River.

<> Ozone levels grow worse in West Michigan, improve in Detroit - West Michigan's ozone level was ranked as the 18th most polluted region in the country, according to State of the Air 2015. State of the Air 2015-Michigan

<> Michigan House OKs budget that cuts Detroit aid - The Michigan House on Tuesday passed a $37.8 billion general government spending plan that slashes state revenue sharing for Detroit by $4.1 million — four months after Michigan's largest city emerged from bankruptcy -- a 59-51, the Republican-controlled House approved the omnibus budget, which includes about $8.1 billion in state general fund spending HB 4102 of 2015 - Appropriations; zero budget; omnibus budget appropriations bill; provide for. Creates appropriation act. Analysis as Reported From Committee (4/27/2015) – MDEQ at pages 27-30

<> What's next for Michigan's energy transformation? - Michigan may have already harvested its low-hanging fruit on renewable energy; opportunities exist to greatly expand cleaner energy sources statewide, but they will come with more challenges.

<> State-licensed commercial fishing up more than 5 percent in value from previous year - MDNR recently released data from its 2014 state-licensed commercial fishing season indicating that combined, the state-licensed commercial fishery caught nearly 3,414,000 pounds of fish with an estimated wholesale dockside value of more than $5.8 million prior to processing, marketing and retail sales.

<> MDEQ Celebrates Air Quality Awareness Week - Each day is dedicated to a different air quality topic and steps you can take to minimize your impact. U.S. EPA Air Quality Awareness Week website

<> Watershed Center & NMEAC Appeal Boardman Lake Variance - The Watershed Center Grand Traverse Bay and the Northern Michigan Environmental Council (NMEAC) today filed a claim of appeal in Grand Traverse County Circuit Court of the March 10, 2015 decision by the City of Traverse City Board of Zoning Appeals (BZA) for a variance to the Boardman Lake building setback.

<> Grand Rapids Town Hall on Energy Policy - Join Michigan LCV and West Michigan Environmental Action Council (WMEAC) for a Town Hall next Monday (May 4) from 6:30 to 8 PM in Grand Rapids.

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 (4/28/15)

IN THE SENATE

SB 0301 of 2015 Environmental protection; recycling; consumer electronic waste; expand to include cellular telephones and tablet computers. [COMMITTEE]

IN THE HOUSE

SB 0217 of 2015 Property tax; classification; reference to qualified forest in qualified agriculture definition; remove. [Committee]

HB 4441 of 2015 Environmental protection; other; water pollution, sewerage, solid waste, and recycling fees; extend sunset. [3rd Read]

HB 4448 of 2015 Natural resources; inland lakes; inland lakes and streams application fees; modify. [3rd Read]

 

[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).