[Mb-civic] environews: Bush nasties and more!

[ean at sbcglobal.net]

We gotta keep track of these things folks....!


BUSHGREENWATCH
Tracking the Bush Administration's Environmental Misdeeds
http://www.bushgreenwatch.org
***************************************

December 3, 2004

BUSH ADMINISTRATION REJECTING STRONG STATE 
ENVIRONMENTAL LAWS 

While the Bush Administration and its conservative judicial
appointees make a constant public show of their dedication to
states' rights, their actions on environmental protection are
increasingly moving in exactly the opposite direction. That is
very bad news for Americans' desire for clean air, clean water
and a healthy environment. 

In the latest example of this say-one-thing-but-do-another, the
Bush Administration last week filed a brief before the Supreme
Court designed to immunize pesticide manufacturers from paying
damages when their products cause harm. 

The name of the case is Dow v. Bates. It involves a lawsuit
brought by 29 Texas peanut farmers, seeking compensation for
crop damage they say was caused by a Dow Agrosciences weed
killer named Strongarm. According to the farmers, who sued for
damages in a Texas state court, the pesticide nearly wiped out
their entire crop. 

But Dow intervened in federal court, where it persuaded a judge
to to halt the farmers' lawsuit on the ground that the Federal
Insecticide, Fungicide, and Rodentricide Act (FIFRA), preempts
remedies provided under Texas state law. Hence the farmers would
be prevented from winning damages under states' common law. 

Now, with Dow v. Bates before the Supreme Court, the Bush
Justice Department brief is arguing in favor of federal
preemption over state law--which happens to be a reversal of its
own established position against expansive federal preemption of
state remedies under FIFRA. 

In a summary of the situation, attorney Jason Rylander of the
Washington-based Community Rights Counsel, writes that in Dow v.
Bates, "The Supreme Court has an historic opportunity to level
the playing field and remind the administration, Congress and
the lower courts that federalism [the idea that states are free
to innovate in policy matters not specifically addressed by
Congress] is important. By rejecting preemption except where
specifically mandated by Congress, the Court can protect the
ability of states to regulate products and provide remedies to
their citizens," says Rylander. 

The Dow case is but one of several recent examples where the
Bush Administration has acted to block state actions, as
explained by Community Rights Counsel in a new book called
Redefining Federalism. More about the book will be forthcoming
in the next edition of BushGreenwatch.org. 

-/***************************************
BUSHGREENWATCH
Tracking the Bush Administration's Environmental Misdeeds
http://www.bushgreenwatch.org
***************************************

December 1, 2004

EPA TESTS FIND ROCKET FUEL IN NATION'S MILK, LETTUCE 

Federal Food and Drug Administration (FDA) tests released this
week have confirmed the presence of perchlorate - an explosive
additive in solid rocket fuel - in almost every sample of
lettuce and milk taken in a nationwide investigation.
Perchlorate, leaking from military bases and defense contrator's
facilities, is known to cause regional water pollution,
resulting in serious health effects.

The FDA investigation found the toxic additive in 217 of 232
samples of lettuce and milk from 15 states, including areas not
previously known for perchlorate contamination. According to the
Environmental Protection Agency's perchlorate coordinator for
the southwest and Pacific region, Kevin Mayer, the FDA results
show that this regional pollution problem is now exposing people
across the entire U.S. to the toxin. [1]

"This is surprising new evidence that rocket fuel is getting
into the food supply in places we never would have suspected. It
means that perchlorate exposure is not just a problem in areas
where the drinking water is contaminated, but a concern for
everyone, every time we visit the grocery store," Bill Walker,
West coast vice president of Environmental Working Group (EWG)
told BushGreenwatch.

Problems associated with perchlorate include impaired thyroid
function, tumors, cancer, and decreased learning capacity and
developmental problems --such as loss of hearing and speech --
in children. [2]

BushGreenwatch reported last December on the stalling tactics of
the Bush Administration and the Defense Department regarding a
national standard for safe drinking water. [3] The EPA's
preliminary risk assessment found that perchlorate should not
exceed 1 part per billion (ppb) in drinking water for protecting
developing fetuses, but industry and Defense Department
scientists claim that as much as 200 ppb is safe for human
consumption. [4]

The EPA's suggested safe level of 1 ppb is below levels found in
several drinking water sources, including the Colorado River.
Since perchlorate pollution stems largely from military sites,
costs for clean-up would be the responsibility of the Defense
Department.

"With these results, it's time for health officials, perchlorate
polluters and food producers to stop stalling by saying we need
more studies," said Renee Sharp, a senior analyst at EWG.
"Rocket fuel is in our water, in vegetables, in milk. How much
more evidence do we need?"

###

SOURCES:
[1] "Chemical Problems Widen," Press-Enterprise, Nov. 30, 2004,
http://ga3.org/ct/811g7oM1jBZV/.
[2] Environmental Protection Agency fact sheet,
http://ga3.org/ct/nd1g7oM1jBZD/.
[3] BushGreenwatch, Dec. 11, 2004,
http://ga3.org/ct/n11g7oM1jBZJ/.
[4] Press-Enterprise, op. cit.

***************************************
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-------------


THE MCCAIN MUTINY
McCain criticizes Bush admin over climate change -- again

Though Sen. John McCain (R-Ariz.) backed President Bush's reelection
campaign, yesterday he reiterated his charge that the Bush administration
is in the wrong on the issue of climate change, calling its stance
"terribly disappointing."  Today, McCain will convene a Senate hearing on
rapid warming in the Arctic, with hopes that it will also drum up support
for the McCain-Lieberman Climate Stewardship Act, which would impose 
a
modest cap on greenhouse-gas emissions.  Though a larger Republican
majority in Congress next year will likely decrease support for the bill,
McCain sees climate change as an urgent issue and hopes he can convert
more members of Congress to his side.  He visited the outer edges of the
Arctic this past summer, along with a number of other senators.  "It was
remarkable, going up on a small ship next to this glacier and seeing where
it had been just 10 short years ago and how quickly it's receded," he
said.

straight to the source:  The New York Times, Andrew C. Revkin, 16 Nov 
2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3626>


THE RAT PACK
EPA laxity leaves kids at risk from rat poison, enviros charge

The U.S. EPA seems more concerned with protecting rat-poison 
manufacturers than protecting kids, two enviro groups are charging. 
Last week, the Natural Resources Defense Council and West Harlem 
Environmental Action filed suit against the EPA, criticizing the 
agency for harming children by revoking safety measures on rat 
poisons in 2001, at the request of industry.  Chemical companies that
produce rat-poison pellets no longer have to make them taste bitter and
contain a dye that makes it easier to see if they've been ingested, both
measures designed to protect kids.  The enviro groups say this shift puts
thousands of children at risk of serious harm -- particularly poor
African-American and Latino kids, whose public-housing projects and
schools may be littered with pastel rat-poison pellets.  This year, more
than 50,000 kids in the U.S. up to age 6 fell ill after eating rat poison,
according to the American Association of Poison Control Centers.

straight to the source:  Los Angeles Times, Robert Lee Hotz, 14 Nov 2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3628>




2.
PAULDING GRAY
Mega-farms in Ohio offer stench but little else to communities

The Plain Dealer examines the effects of eight giant hog farms built in
Paulding County, Ohio, since 1994 and five mega-dairies since 2000, and
comes away with a grim cautionary tale.  A number of local families have
fled from their homes, some unable to live with the stench from open
manure pits, others because the hydrogen sulfide emitted by the pits has
caused brain damage, they and their doctors say.  Three of the massive
dairies have also violated the Clean Water Act, according to the U.S. EPA.
 And what do local communities get in return for hosting these stinking
factory farms?  Not much.  The farms buy only 1 percent of their feed from
local grain farmers. They also provide few jobs, and the ones they do
offer pay about $7.50 an hour and are largely filled by Mexican migrants.
Nevertheless, Ohio Department of Agriculture Director Fred Dailey says 
the
farms are welcome:  "In Ohio, they're all family farms."

straight to the source:  The Plain Dealer, Fran Henry, 27 Nov 2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3715>

---------

.
PUT UP YOUR NUKES
Judge may override Washington state voters on Hanford initiative

An initiative on the Washington state ballot last month, which would
prevent more waste from being dumped at the federal Hanford nuclear site
in the state, will go before a federal judge today.  Were there Diebold
machines involved?  A flurry of recounts?  No.  In fact, voters approved
the measure by a greater than 2-to-1 ratio.  So why the court time for
what seems to be an open-and-shut case?  The federal government was
unhappy with the outcome of the election.  The Justice Department argues
that the measure is unconstitutional, and "efforts to comply with the
draconian provisions of [the initiative] will cost millions of dollars." 
State officials say they plan to defend the voters' decision to require
cleanup of the 586-square-mile site -- considered the most contaminated in
the nation -- before any additional waste is stored there.

straight to the source: Seattle Post-Intelligencer, Shannon Dininny,
Associated Press, 01 Dec 2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3752>

straight to the source: Seattle Post-Intelligencer, Shannon Dininny,
Associated Press, 01 Dec 2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3749>


THE LNG AND SHORT OF IT
States express outrage at LNG provision hidden in omnibus spending bill

Deep in the 3,016-page, $388-billion omnibus spending bill recently 
approved by Congress, tucked away in a section on Federal Energy 
Regulatory Commission salaries and expenses, is a provision stating 
that the feds -- not individual states -- get to decide where liquid
natural gas facilities will be sited.  Not surprisingly, many congressfolk
say they had no idea it was there, since few, if any, read the gargantuan
bill before it came up for a vote.  State regulators, who would prefer to
decide for themselves whether proposed LNG sites are environmental or
security risks, are fightin' mad, calling the provision a "usurping of a
sovereign state's rights and ability to control its own destiny," as Rhode
Island Attorney General Patrick C. Lynch (D) put it.  The provision does
not have the force of law, but it is being seen as a clear signal of
Congress' intent.  In particular it seems directed at California, which is
currently suing FERC over a proposed LNG site in Long Beach.

straight to the source:  Los Angeles Times, Richard Simon, 03 Dec 2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3764>

see also, in Grist:  Terminal With Extreme Prejudice -- Serge Dedina sends
a dispatch from the fight against a Mexican LNG terminal
<http://grist.org/cgi-bin/forward.pl?forward_id=3770>


5.
ORIGINAL CINERGY
Energy giant Cinergy comes out in favor of greenhouse-gas regulations

For some time, enviros have been predicting that with states and 
other countries starting to regulate their greenhouse-gas emissions,
sooner or later large energy companies in the U.S. would begin craving the
predictability of consistent federal guidelines.  It appears that day is
upon us, as energy giant Cinergy, a major owner of coal-fired power
plants, has voiced support in a report to shareholders for a national
program that would limit such emissions while allowing industrial
facilities to trade emissions credits.  It specifically identified the
McCain-Lieberman Climate Stewardship Act as the legislation closest to
what it had in mind.  Cinergy said that the law would not only be
economically feasible, but might actually be a financial boon.  This
stands in contrast to the position taken by President Bush, who has
insisted that any mandatory emissions caps would cripple the private
sector.  But who you gonna believe about the private sector -- a
politician or, uh, the private sector?

straight to the source:  MSNBC.com, Associated Press, 02 Dec 2004
<http://grist.org/cgi-bin/forward.pl?forward_id=3768>

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