• Nevada Sues Over Yucca Mountain - Again
  
• Invasive Water Species Target of Educational Campaign
  
• U.S. Could Soon Feel Impacts of El Niño
  
• Imported Sheep Had "Mad" Disease
  
• Greenpeace Boards Shipment of Brazilian Mahogany
  
• Central Ohio Added to Clean Cities Program
  
• Hickory Pass Ranch Protected for the Birds
  

Nevada Sues Over Yucca Mountain - Again

The suit filed Thursday against the Nuclear Regulatory Commission (NRC) challenges the legality of its Yucca Mountain licensing rule issued last November.

"Nevada will leave no stone unturned in our attempt to remind the nation why the Yucca Mountain project is a bad idea," said Nevada Attorney General Frankie Sue Del Papa. "The Yucca Mountain project will not achieve the geological isolation required by the Nuclear Waste Policy Act, and the transportation component of the program will potentially expose 123 million Americans to unacceptable risks as this material is moved continuously by truck and rail through 43 states and many of the nation' s major cities over a 38 year period."

The NRC's Yucca Mountain Licensing Rule establishes the parameters for licensing the Yucca Mountain repository system to meet the health and safety requirements established by the U.S. Environmental Protection Agency (EPA).

The Nevada suit charges that while the NRC rule embodies the Department of Energy's (DOE's) "total system performance assessment" approach for licensing the repository, it ignores the fundamental requirements in the Nuclear Waste Policy Act that, regardless of design, the repository must serve to isolate radioactive waste primarily by geologic means.

"Under the Part 63 rule, NRC could issue a license for the repository even though it is fundamentally unsafe from a long-term geologic perspective," said Joe Egan, Nevada's lead nuclear lawyer and a former nuclear engineer. "This violates the Nuclear Waste Policy Act, and departs radically from the recommendations of the global scientific community."

The statutory timeframe for licensing is three years with a possible one year extension. NRC's licensing rule for Yucca Mountain requires only that DOE demonstrate that radioactive emissions from the repository will meet EPA's emission standards for 10,000 years, the hoped for life of the manmade waste packages inserted into the mountain.

Radiation emissions are projected to increase after that time, when the waste packages are presumed to have failed. Due to geologic deficiencies discovered by DOE in the late 1990s and outlined by former Yucca Mountain director John Bartlett, Yucca Mountain is no longer expected to isolate radioactive waste when the waste packages fail.

"When Congress considered disposal alternatives, it spoke of isolation for 250,000 years, which only good geology could provide," said Egan. "The National Academy of Sciences recommended a million years. NRC's Yucca Mountain rule would allow the repository to be licensed on the shores of Lake Tahoe, since it really only considers the projected performance of a manmade waste package. This is legally and scientifically unsound."

The state of Nevada has also filed legal challenges against the DOE's use of water for the Yucca Mountain site. Cases pending in the U.S. Court of Appeals for the District of Columbia Circuit include Nevada's challenge to the Yucca Mountain radiation standard and the state's, Clark County's and Las Vegas' consolidated geology case challenging DOE's siting guidelines and the secretarial and presidential decisions recommending the Yucca Mountain site.

The state is also expected to file claims related to the DOE's environmental impact statement for Yucca Mountain.

Invasive Water Species Target of Educational Campaign

"Most of these aquatic invasive species tag along with people who are some of our best conservation partners," said USFWS Director Steve Williams. "They are the people who are out there for recreation - fishing, boating, diving, hunting and a lot more. Their conscientious efforts have already helped in this fight, and that's why it's important we lend a hand."

The "Stop Aquatic Hitchhikers!" campaign is designed to elevate awareness about the spread of aquatic nuisance species throughout the United States. The long term educational and outreach effort will offer advice, help and voluntary guidelines for aquatic recreation users.

The campaign promotes several simple steps that water recreators can take every time they leave the water:

• Remove visible mud, plants, fish or animals before transporting equipment.
• Eliminate water from equipment before moving it.
• Clean and dry everything that was in contact with water (boats, trailers, equipment, clothing - and even pets.)
• Never release plants, fish or animals into a body of water unless they were found there.

A web site has been designed for recreational users interested in helping to stop the spread of aquatic nuisance species. Located at: http://www.protectyourwaters.net, the site provides details on the recommended procedures to follow each time someone leaves a body of water, suggestions about how individuals and clubs can become involved to help stop invasions, and information on the impact of nuisance species, along with detailed information on some of the more troublesome hitchhikers, and more.

Many aquatic invaders entered the United States through the discharge or ballast water from international freighters. These species are often spread by people as they engage in recreational activities like boating.

Many aquatic nuisance species, like the round goby, the zebra mussel or the sea lamprey, have reproduced and spread into lakes and rivers around the nation. These invasive species wreak havoc with native species, reduce game fish populations, ruin boat engines and industrial water intake systems, fouled water and power plants, make lakes and rivers unusable for boaters and swimmers, reduce property values and even affect human health.

"In some cases, it may not be possible to roll back some of the damage," said Cathleen Short, USFWS assistant director for fisheries and habitat conservation. "But we are convinced that by harnessing the energy of thousands of recreational users in this country, we can stem the spread of these pests."

The "Stop Aquatic Hitchhikers!" campaign, which will rely on voluntary participation, has a consortium of partners including the National Oceanic and Atmospheric Administration; the International Association of Fish and Wildlife Agencies; the U.S. Coast Guard; the Army Corps of Engineers; the Environmental Protection Agency; the Animal, Plant and Health Inspection Service, and the State Department.

U.S. Could Soon Feel Impacts of El Niño

The scientists cautioned that the strength of the expected El Niño is still unknown. Depending on its strength, the El Niño impacts could range between fewer Atlantic hurricanes and a drier than normal summer monsoon season in the southwest, to more Nor'easters next winter.

"This El Niño is still forming, and it's unclear now at what level of intensity it will be once it's fully developed," said NOAA Administrator Vice Admiral Conrad Lautenbacher. "If sea surface temperatures continue their warming trend in the equatorial Pacific, we'll likely know the intensity by late May or June."

El Niño conditions occur when water temperatures have warmed sufficiently to alter the normal patterns of cloudiness and rainfall in the tropical Pacific basin. A typical El Niño features persistent, increased precipitation along the equator near the international dateline, and warmer than normal sea surface temperatures extending eastward to the South American coast.

Scientists have observed a continuation of warmer than normal sea surface and sub-surface temperatures across much of the equatorial Pacific since the beginning of the year. Last month, ocean surface temperatures were as high as two to three degrees C (four to six F) above average near the coasts of Ecuador and northern Peru.

Average ocean surface temperatures are about 27 degrees C (81 F) in this region during March.

Increased rainfall and cloudiness were observed over the extreme eastern tropical Pacific, including the Galapagos Islands, and over the west central equatorial Pacific.

As El Niño continues to develop, scientists said the possible impacts on the United States include:

• Fewer tropical systems during the Atlantic hurricane season;
• Higher number of Nor'easters along the East Coast during the 2002-2003 winter;
• A drier than normal summer monsoon season in the southwest;
• A drier than normal fall and winter for the Pacific Northwest;
• A warmer than normal late fall and winter in the northern Great Plains and upper Midwest, and
• A wetter than normal winter for the Gulf Coast states.

If the intensity of the El Niño is strong, central and Southern California could experience wetter than normal conditions.

"One of our major research findings is no two El Niño episodes are alike," said Brigadier General Jack Kelly, director of NOAA's National Weather Service. "Americans have vivid memories of the effects of the strong 1997-98 El Niño, making many people wary of this one. But we will need to follow developments closely in the coming months to determine just how strong or weak this El Niño may get."

Besides affecting the weather, the warmer sea temperatures associated with an El Niño can change ocean ecosystems, making the water too warm for some coral species and driving fish and other marine creatures into cooler waters. During the 1997 El Niño, for example, several species on the Galapagos Islands, including the Galapagos sea lion and flightless cormorant, suffered severe losses to starvation as their food sources moved away from the warming waters around the archipelago.

Imported Sheep Had "Mad" Disease

The Vermont flock was confiscated in March 2001 after four animals from an associated flock tested positive for TSE in July 2000.

TSEs are a group of diseases that form lesions on brain tissue. The bovine form of the disease is sometimes called mad cow disease, while the human form is known as Creutzfeldt-Jacob disease.

The U.S. Department of Agriculture (USDA) will continue to conduct additional tests to determine the type of TSE that infected these sheep. The agency monitors flocks of sheep for a form of TSE called scrapie.

"These results confirm our previous conclusions were correct and that we took the appropriate preventative actions in confiscating these animals," said Bobby Acord, administrator of the USDA's Animal and Plant Health Inspection Service. "USDA's actions to confiscate, sample and destroy these sheep were on target. As a result of our vigilance, none of these confiscated animals entered the animal or human food supply."

The sheep, imported from Belgium and the Netherlands in 1996, were placed under federal restrictions when they entered the country as part of USDA's scrapie control efforts. In 1998, the USDA learned that some sheep from Europe had been exposed to feed contaminated with bovine spongiform encephalopathy, or mad cow disease.

The state of Vermont quarantined the flocks, prohibiting their slaughter or sale for breeding purposes.

In July 2000, the USDA declared an "extraordinary emergency" to acquire the sheep, an action that was unsuccessfully contested by the flock's owners.

The sheep were confiscated by USDA in March 2001 and euthanized at the National Veterinary Services Laboratories. Tissue samples were collected from the sheep for diagnostic and research testing, which could take up to two to three years to complete.

In all, USDA has acquired 380 sheep from a total of three flocks, all of which have been euthanized.

"Our goal continues to be to prevent, detect and eradicate foreign animal diseases to protect American agriculture, natural resources and consumers," said Acord. "We will continue to utilize the scientific results of these and other tests conducted during the last several years to strengthen our extensive surveillance, monitoring and prevention efforts."

More information about the USDA's TSE monitoring and prevention efforts is available at: http://www.aphis.usda.gov/oa/tse/index.html

Greenpeace Boards Shipment of Brazilian Mahogany

The mahogany was part of a shipment that came from Brazil on the APL Jade. The protestors arrived on inflatable boats and hung a banner reading "President Bush, Stop Illegal Logging" once aboard the ship.

The Brazilian government banned all mahogany exports in October 2001, and strengthened its export restrictions in December. But some companies have managed to continue exporting to the United States and other countries.

Greenpeace says its ongoing investigations reveal that at least $10 million dollars worth of mahogany shipments have arrived into U.S. ports since October. The U.S. government has been holding Brazilian mahogany in U.S. ports for more than a month and has not indicated what they will do with the cargo.

Greenpeace said today it has uncovered evidence that the United States continues to receive illegal mahogany in several ports including Baltimore, Maryland; Gulf Port, Missouri; Houston, Texas; Miami, Florida; and Norfolk, Virginia.

On February 14, President Bush gave a speech at the headquarters of the National Oceanic and Atmospheric Administration (NOAA), pledging to combat illegal logging in developing countries. Bush said he will be directing Secretary of State Collin Powell to put together an initiative to address illegal logging.

"President Bush said recently that stopping illegal logging is a priority, but the U.S. continues to be the biggest importer of illegal wood," said Scott Paul, Greenpeace forest campaigner. "The United States needs to develop laws and enforce them to insure that U.S. consumers are not unknowingly fueling this crime."

The European Union and CITES, an international convention that deals with endangered species, have called for a ban on Amazon mahogany until the Brazilian government can verify the legal status of the wood.

More information is available at: http://www.greenpeaceusa.org/forests

Central Ohio Added to Clean Cities Program

The designation recognizes the Central Ohio Clean Fuels Coalition, which serves the city of Columbus and seven surrounding counties, for its commitment to using alternative fuel vehicles and building local markets for alternative transportation fuels. The Central Ohio Clean Fuels Coalition, a nonprofit organization, is housed in the Ohio State University's Center for Automotive Research.

Coalition members include the Ohio Gas Association, Mid-Ohio Regional Planning Commission, Ohio Soybean Council, Ohio State University Center for Automotive Research, Ohio Department of Development, American Honda, NiSource, and Ohio Energy Project.

"Clean Cities stakeholders in Central Ohio have made great progress in promoting the use of alternative fuel and alternative fuel vehicles," said Energy Secretary Spencer Abraham. "By increasing the use of domestically produced, cleaner burning alternative fuels such as ethanol, natural gas, propane, biodiesel, and electricity, they are helping to reduce our nation's dependence on imported petroleum, strengthen energy security, and improve air quality."

Several refueling stations in Central Ohio offer alternative fuel to both fleets and the general public. In addition to the facilities offering natural gas and propane, Columbus is home to the state of Ohio's first public access pump providing E85, an alternative fuel that is 85 percent ethanol and 15 percent gasoline and can be used in the more than one million flexible fuel vehicles (FFVs) on the road today.

Clean Cities is a voluntary, public private partnership program coordinated by the DOE. The program is designed to reduce dependence on imported oil, improve local air quality, and stimulate local economies by increasing the use of alternative fuels and alternative fuel vehicles.

Hickory Pass Ranch Protected for the Birds

Jacquelyn Mouton Johnston and David Johnston, the owners of the Hickory Pass Ranch near Austin, wanted to preserve the ranch's natural beauty for future generations, including their three daughters.

"Preserving the ranch intact for future generations, however, is a great challenge," said David Johnston. "Now, however, by working with the Service and drawing on principles of private land stewardship and economic incentives, we have achieved a winning solution."

Hickory Pass Ranch is located within the acquisition boundary of the Balcones Canyonlands National Wildlife Refuge. The ranch provides a habitat for the endangered golden cheeked warbler.

The Johnstons had already sold the USFWS almost 700 acres of the larger, original ranch for addition to the Refuge. But funds for refuge acquisitions are always in short supply, and the Hickory Pass owners do have a preference for keeping the ranch in the family.

Under the agreement with the USFWS, both objectives will be achieved.

"The U.S. Fish and Wildlife Service has just approved a remarkable example of cooperation between private landowners and the Service for the benefit of endangered species through the establishment of the Hickory Pass Ranch Conservation Bank Private Land Stewardship Agreement," said USFWS southwest regional director H. Dale Hall.

Under the agreement, the owners commit to the perpetual preservation and management of the property for the warbler. In exchange, the USFWS recognizes the creation of "conservation credits" that the family can sell to businesses and local governments that needing to compensate for their impacts to lesser quality habitat areas within the region.

The landowners and the USFWS worked for more than a year to review the biology of the property, develop a detailed management outline, evaluate financial requirements, and consider various alternatives.