Thursday, April 7, 2011

Green Page: Environmental Law News - April 7, 2011

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April 7, 2011 FindLaw.com Environment Law Newsletter

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ENVIRONMENTAL NEWS:

WORRIED ABOUT A RADIOACTIVE OCEAN? A REALITY CHECK
(AP) - This week, workers at the stricken Japanese nuclear plant dumped radioactive water into the ocean to make room for storing even more highly contaminated water on the site. The water dumping came after earlier leaks of radioactive water that had already raised concerns about its effects in the ocean, raising questions about health and safety. Here are answers to some of those questions.

HIGH WINDS CAUSE COLORADO WILDFIRE TO FLARE UP
(AP) - Cooler, calmer weather and possibly some rain could help crews on a Colorado wildfire, a day after winds caused a flare-up that prompted the evacuation of 20 houses as a precaution. The fire whipped up Tuesday night when strong winds blew through the area west of Fort Collins. Fire managers say the winds have calmed down and the humidity has increased.

OKLAHOMA SEES DRIEST 4 MONTHS SINCE DUST BOWL
(AP) - A drought stretching from the Louisiana Gulf coast to Colorado is contributing to wildfires and killing crops. Oklahoma was drier in the four months following Thanksgiving than it has been in any similar period since 1921. That's saying a lot in the state known for the 1930s Dust Bowl, when drought and high winds generated severe dust storms that stripped the land of its topsoil.

DOES CAP-AND-TRADE WORK? STILL A WORK IN PROGRESS
(AP) - In these days of concern over global warming, a cement factory in southern Belgium is abandoning coal and moving to more unorthodox fuels: old tires, plastics, sewage sludge, city garbage, ground cattle bones. The result is less carbon dioxide wafting from the smokestack - and in Europe, less carbon is worth more cash under a much vaunted EU scheme that allows industries to swap CO2 pollution rights just like any commodity.

OZONE LAYER FACES RECORD LOSS OVER ARCTIC
(AP) - The U.N. weather agency says the depletion of the ozone layer shielding Earth from damaging ultraviolet rays has reached an unprecedented low over the Arctic this spring, because of harmful chemicals and a cold winter. The World Meteorological Organization said Tuesday that the Earth's fragile ozone layer in the Arctic region has suffered a loss of about 40 percent from the start of winter until late March exceeding the previous seasonal loss of about 30 percent.

GREENPEACE SAYS CHERNOBYL FOOD RADIATION PERSISTS
(AP) - The environmental group Greenpeace says hundreds of thousands of Ukrainians are still eating food contaminated by radiation from the Chernobyl nuclear power plant explosion a quarter-century after the blast. In a report released Monday, Greenpeace said samples of milk, berries, potatoes and root vegetables in two Ukrainian regions show unacceptably high levels of the radioactive isotope cesium-137 from the 1986 blast.

JUDGE FINDS LOGGING PLAN WITHDRAWN ILLEGALLY
(AP) - A federal judge ruled Thursday the Obama administration has to go through a public comment period before it can yank a controversial plan to double the amount of logging allowed on some federal forests in Western Oregon. The ruling by the U.S. District Court for the District of Columbia stops Interior Secretary Ken Salazar from withdrawing the U.S. Bureau of Land Management's Western Oregon Plan Revision. It remains unclear whether Salazar will let the plan stand or go through the public process to withdraw it.

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ANIMALS:

NEW LAW: A SERVICE ANIMAL CAN BE DOG OR MINI-HORSE
(AP) - Dani Moore uses a rat perched on her shoulder as a service animal to alert her to spasms from a disabling condition. Daniel Greene's service animal is a snake wrapped around his neck to help him predict epileptic seizures. But these creatures and many others are no longer acceptable as service animals under new federal guidelines issued March 15 by the U.S. Department of Justice for the Americans with Disabilities Act.

RECENT CASE SUMMARIES:

SANTA MONICA BAYKEEPER V. CITY OF MALIBU, B222776
(CA Ct. App.) - In a dispute arising from a challenge to the adoption of an environmental impact report (report) and approval of a park project by defendant based on the report, judgment of trial court denying petition for a writ of mandate is affirmed where dispute regarding construction-related impacts is moot because project was completed during pendency of appeal and conclusions drawn by report are supported by substantial evidence.

NATURAL DEFENSE RESOURCE COUNCIL V. EPA, 08-72288
(U.S. 9th Cir.) - In a petition for review of an order of the EPA, petition of dertermination by EPA that a state implementation plan that imposes limits on California motor vehicle emissions for a period of four years are adequate for transportation planning and projects purposes is denied where determination was not arbitrary, capricious, or contrary to law.

ARKANSAS GAME AND FISH COMM'N V. US, 2009-5121
(U.S. Fed. Cir.) - In a dispute involving an unconstitutional takings claim, judgment by the trial court that defendant took a temporary flowage easement over the property of appellant is reversed where temporary deviations by the Army Corps of Engineers from an operating plan for a Clear-water Dam did not constitute a taking.


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