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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON [mailto:IMCEANOTES-+22BNA+20Highlights+22+20+3Cbhighlig+40bna+2Ecom+3E+40ENRON@ENRON.com] 
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Subject:	June 5 -- BNA, Inc. Daily Environment Report

______________________________

DAILY ENVIRONMENT REPORT
Highlights & Table of Contents
June 5, 2001
______________________________

ISSN 1521-9402

Registered Web subscribers can access the full text of these
articles by using the URL link supplied.

Information about becoming a subscriber or signing up for a
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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
am - 7:00 pm (ET).
__________

HIGHLIGHTS
__________


CHANGES CONSIDERED TO RELAX RULES FOR CERTAIN WETLANDS
PERMITS

Rules prohibiting development activities affecting 300
linear feet of stream bed would be relaxed in certain
circumstances under changes to the wetlands program being
contemplated by the U.S. Army Corps of Engineers. The corps
is considering changes to several of its nationwide permits,
which authorize activities in up to a half-acre of wetlands,
according to a corps spokesman.  The revisions come slightly
more than a year after the corps published its package of
new and revised nationwide permits, which included lowering
the allowable amount of wetlands that could be impacted from
three acres to a half-acre. . . . Page AA-1,  E-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v9n2_

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_


SUPREME COURT DECLINES REVIEW OF DECISION UPHOLDING PCB
DISPOSAL RULE

The U.S. Supreme Court announces that it will not review a
federal appeals court decision that upheld an EPA regulation
on polychlorinated biphenyl use and disposal. The court
leaves standing an August 2000 decision by the Fifth Circuit
Court of Appeals, which largely upheld the rule, known as
the PCB Mega Rule. The Supreme Court denies review without
comment. . . . Page A-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3y2c7_


BUSH PRAISES EVERGLADES RESTORATION, CALLS FOR 'NEW
ENVIRONMENTALISM'

President Bush seeks to firm up his environmental
credentials by pointing to his administration's request for
$219 million for restoration of the Everglades and by
calling for a "new environmentalism." The money is part of
the federal government's commitment to an Everglades
restoration effort enacted last year. Bush points to
cooperation in the Everglades project as an example of the
"new environmentalism for the 21st century." . . . Page A-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7w3_


REFINERY FOUND LIABLE FOR VIOLATIONS OF FEDERAL LAW, DESPITE
STATE ACTIONS

A petroleum refiner is liable for violations of various
federal laws despite the initiation of a state enforcement
action, a federal district court rules. The U.S. District
Court for the Western District of Wisconsin grants partial
summary judgment to the federal government on its claims
that Murphy Oil USA Inc. is liable for violations of the
Clean Air Act, the Clean Water Act, and the Resource
Conservation and Recovery Act at its refinery in Superior,
Wis. The court rejects Murphy's claims that the initiation
of state enforcement actions precludes EPA from bringing its
claims. . . . Page A-2

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t8w9_


EPA PLAN FOR GREAT LAKES TARGETS PERSISTENT BIOACCUMULATIVE
CONTAMINANTS

EPA's new strategy for cleaning up the Great Lakes Basin
places a heavy emphasis on reducing persistent
bioaccumulative substances, including mercury and dioxins,
according to a notice scheduled for publication today. In
its notice, EPA says it will host a series of public
meetings to coordinate federal, state, and local cleanup
efforts. . . . Page A-3

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6u1_


EPA CIRCULATES DRAFT OF ENFORCEMENT PRIORITIES FOR FISCAL
2002, 2003

EPA is putting the finishing touches on a list of
enforcement priorities for fiscal years 2002 and 2003 that
builds on progress made in six major areas during the
previous two-year period, but budget cutbacks will force
some consolidation in programs, an agency official tells
BNA. The Office of Enforcement and Compliance Assurance
sends a draft version of a memorandum of agreement guidance
to EPA's 10 regional offices. . . . Page A-4

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v0u3_


NINTH CIRCUIT HALTS TIMBER SALES TO PROTECT SALMON HABITAT,
WATER QUALITY

The U.S. Court of Appeals for the Ninth Circuit upholds a
lower court's ruling that halted a number of federal timber
sales in Oregon because of endangered species and water
quality concerns. The ruling affirms a 1999 ruling by the
district court which directed federal biologists to do more
site-specific studies of the impact of the timber sales on
salmon habitat and water quality. . . . Page A-10

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c5f0_


EPA ASSIGNS LOW ENFORCEMENT PRIORITY TO AQUATIC HERBICIDE
DECISION

EPA will not change its civil enforcement priorities on
pesticides applied to water until the agency develops a
concerted national approach to regulate such activities,
according to a memorandum from EPA's Office of Enforcement
and Compliance Assurance. The memorandum refers to a federal
appeals court ruling that an irrigation district in Oregon
may be subject to liability under the Clean Water Act
because it failed to obtain a permit to spray aquatic
herbicides on its canals. . . . Page A-5

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t5t8_


RESEARCHERS COULD HELP EPA IN USE OF MODELS TO PREDICT PEST
RESISTANCE

A panel of researchers is advising EPA on a framework that
could help enhance the time genetically engineered,
pesticidal corn is effective against pests, an EPA official
and panel members tell a workshop. The EPA Office of
Research and Development convenes a two-day workshop to
address the management of insect resistance to Bacillus
thuringiensis corn, which fights pests through the
production of proteins--pesticidal toxins. . . . Page A-6

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7j1_


ENERGY DEPARTMENT LAUNCHES INITIATIVES TO IMPROVE NATURAL
GAS PIPELINES

The Department of Energy announces that it will provide $4.4
million over the next three years to 11 new
government-industry collaborations to improve the safety and
performance of the nation's natural gas delivery system. . .
. Page A-9

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4q7p7_


RENEWABLE ENERGY PROJECTS INCLUDED IN $3.5 BILLION ENERGY
PLAN IN ILLINOIS

Illinois legislators put together a $3.5 billion package of
financial incentives for electric power companies and coal
mining operations as a strategy to boost the sagging coal
industry and to improve the reliability of the state's
electric power generating network. The package also includes
an environmental initiative aimed at financing renewable
energy projects and a commitment to review regulations
pertaining to emissions from older coal-fired power
generating stations. . . . Page A-4

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6n6_


__________________

INTERNATIONAL NEWS
__________________

EUROPEAN PROGRAM: The European Parliament approves the first
draft of a plan that is expected to guide the EU's
environmental policies for the next decade. Environment
ministers from the 15 EU nations now will seek their own
common position on the draft. . . . Page A-10

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4a1x1_

BIOTECHNOLOGY: The United States formally protests
regulations being drafted in the EU that would place strict
traceability and labeling restrictions on bioengineered
crops and products. The European Commission is expected to
approve the new rules June 20. . . . Page A-7

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4x5f3_

CLIMATE CHANGE: The incoming Italian government calls on the
EU to take a less strident position toward the United States
over the Kyoto Protocol and calls into question the EU's
united front for upcoming negotiations on the treaty. . . .
Page A-8

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r9v3_

CLIMATE CHANGE: The United Nations unveils a four-year
assessment of the world's ecosystems that some say could
eventually improve the chances of success for the Kyoto
Protocol. . . . Page A-6

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u8z5_


____

TEXT
____

WETLANDS: Army Corps of  Engineers Proposal to Reissue,
Modify Permits for Discharges of Dredged or Fill Material to
Wetlands. . . . Page E-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_


_________________

TABLE OF CONTENTS
_________________

LEADING THE NEWS

WETLANDS
   Corps considers changes to permits; stream bed activities
   ban targeted . . . Page AA-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v9n2_


____

NEWS
____

BIOTECHNOLOGY
   U.S. protests new EU rules, says they may violate WTO
   agreement . . . Page A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4x5f3_

CLIMATE CHANGE
   Italian government urges EU to soften tone toward U.S. on
   Kyoto pact . . . Page A-8
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r9v3_

ENDANGERED SPECIES
   Ninth Circuit upholds bar on timber sales . . . Page A-10
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c5f0_

ENFORCEMENT
   EPA to maintain focus in six areas; budget cuts force
   trade-offs . . . Page A-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v0u3_

   Refinery is liable, despite state actions, for clean air,
   water, and RCRA violations . . . Page A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t8w9_

EVERGLADES
   Bush calls for 'new environmentalism,' touts proposal for
   restoration effort . . . Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7w3_

ILLINOIS
   Renewable energy projects included in Legislature's $3.5
   billion power plan . . . Page A-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6n6_

INTERNATIONAL ISSUES
   Delegates approve draft of action plan to guide EU
   policies . . . Page A-10
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4a1x1_

   U.N. assessment of world ecosystems seen as boost to
   chances for Kyoto Protocol . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u8z5_

PESTICIDES
   Low enforcement priority assigned to aquatic herbicide
   decision, official says . . . Page A-5
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t5t8_

   Panel could aid EPA biotech regulation in use of models
   predicting pest resistance . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4r7j1_

PIPELINE SAFETY
   DOE launches initiatives to modernize natural gas
   pipelines . . . Page A-9
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4q7p7_

TOXIC SUBSTANCES
   Supreme Court declines review of decision upholding PCB
   rule . . . Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3y2c7_

WATER POLLUTION
   Great Lakes cleanup strategy targets bioaccumulative
   contaminants . . . Page A-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u6u1_

WETLANDS
   Corps considers changes to permits; stream bed activities
   prohibition targeted . . . Page AA-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4v9n2_

   Text of Corps of Engineers proposal to reissue, modify
   permits for dredged or fill material . . . Page E-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_

IN BRIEF
   Federal agencies share data on waste cleanups . . . Page
   A-11
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4d1g3_

   Group sues EPA over Phoenix particulates . . . Page A-11
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4d1g6_


________

CALENDAR
________

CONGRESS
   Legislative calendar . . . Page C-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4z4g4_

PRESIDENT
   President's calendar . . . Page C-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4z4f2_

PUBLIC LAWS
   Legislation recently signed into law . . . Page C-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4z6r1_


_________________

REGULATORY AGENDA
_________________

COMMENT DEADLINES
   Due dates for comments on pending rules . . . Page D-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3t5x9_

JUNE 5 FEDERAL REGISTER
   Entries from today's table of contents . . . Page D-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c0e3_

JUNE 4 FEDERAL REGISTER
   Previous day's entries with page citations . . . Page D-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3t5b0_


____

TEXT
____

WETLANDS
   Corps proposal to reissue, modify permits for dredged or
   fill material . . . Page E-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4u7f6_


______________

TABLE OF CASES
______________

Bahr v. Whitman (D. Ariz.) . . . Page A-11
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4d1g6_

Headwaters Inc. v. Talent Irrigation District  (9th Cir.) .
. . Page A-5
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t5t8_

Pacific Coast Federation of Fishermen's Associations Inc. v.
National Marine Fisheries Service (9th Cir.) . . . Page A-10
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4c5f0_

United States v. Murphy Oil USA Inc. (W.D. Wis.) . . . Page
A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g4t8w9_

Utility Solid Waste Activities Group v. EPA (U.S.) . . .
Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4g3y2c7_

   __________
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