• Appeals Court Upholds Water Pollution Rule
  
• California Asks Bush to Buy Back Offshore Leases
  
• Global Warming Threatens California Water Supplies
  
• High Protein Corn Produced Without Engineering
  
• Wildfire Season Strikes Across the Nation
  
• Fuel Cell Will Power Yellowstone Ticket Booths
  
• Fine Levied in Waterfowl Hit and Run
  
• New Award Honors Renewable Energy Research
  

Appeals Court Upholds Water Pollution Rule

The U.S. Court of Appeals for the Ninth Circuit in San Francisco upheld a landmark district court ruling that upholds the EPA's and states' authority to identify which U.S. waterways are polluted by runoff from urban areas, agriculture and timber harvesting, and to identify the maximum amount of pollutants that may enter these waterways.

The opinion by Ninth Circuit Court Judge Marsha Berzon on behalf of a three judge panel affirms the comprehensive scope of the Clean Water Act's Total Maximum Daily Load program. A TMDL defines the greatest amount of a particular pollutant that can be introduced into a waterway without exceeding the river's water quality standard.

The appeals court said the district court ruled correctly that Congress intended to include non-point source pollution in the Clean Water Act's water quality standards and planning program.

"This decision affirms our efforts to continue using a strong tool to help restore America's rivers and clean up pollution, regardless of its source," said Wayne Nastri, EPA regional administrator for the Pacific southwest. "Nonpoint source pollution is the dominant water quality problem in the United States today."

When the EPA developed a TMDL for sediment entering the Garcia River in 1998, the American Farm Bureau Federation and other agriculture and timber groups sued, claiming that the EPA and state should calculate TMDLs only for pollutants that are discharged from pipes, or other so called point sources.

Although salmon and steelhead once flourished in the Garcia River in Mendocino County, California, sediment from forestry operations has prevented the river from supporting healthy fish.

The District Court and now the Ninth Circuit Court of Appeals rejected that argument, holding that the Clean Water Act is designed to provide a comprehensive solution to the nation's water quality problems, without regard to the sources of pollution. The Appeals Court held that "the Clean Water Act is best read to include in the (waterbody) listing and TMDL requirements waters impaired only by nonpoint sources of pollution" in addition to waters impaired by point sources.

In California, just one percent of polluted waterways fail to meet water quality standards solely because of pollution that comes from pipes, municipal waste treatment works, or other point sources. EPA data shows that 54 percent of California's contaminated waterways are polluted only by non-point sources, while another 45 percent are impaired by a combination of point and nonpoint sources.

California Asks Bush to Buy Back Offshore Leases

Davis sent a letter to President George W. Bush to request that the federal government buy out oil and gas leases located off the California coast.

On May 29, President Bush announced a proposal to spend $120 million in federal funds to purchase oil and gas rights in three areas of Florida's Everglades. Bush also proposed to spend $115 million to buy seven of nine leases on the Destin Dome, held by Chevron, Conoco and Murphy Oil, off the shore of the Florida Panhandle in the Gulf of Mexico.

"Like Florida, California is known worldwide for its beautiful coastal waters. And also like Florida, California has oil and gas leases off its coast," Davis wrote in the letter to the president. "By providing federal funds to buy out the 36 undeveloped federal oil and gas leases off the south-central coast of California, your vision of coastal protection can be extended to our state."

The southern coast of California was "devastated" by an oil spill from offshore drilling in 1969, Davis pointed out.

The 36 leases that Davis wants Bush to reacquire "were reissued absent the legally mandated review under the Coastal Zone Management Act and the National Environmental Policy Act," Davis wrote. "That is why California sued the Department of Interior over the re-issuance of these leases."

A U.S. District Court supported California's argument in a summary judgment issued in June 2001. The U.S. Department of Interior is appealing that ruling.

"By providing federal funds in an expeditious manner, you can bring about a constructive resolution to this issue, and demonstrate to the American people that you are equally concerned with the beauty and fragility of California's Pacific Coast as you are with Florida's Gulf Coast resources," Davis concluded.

Global Warming Threatens California Water Supplies

The scientists have produced the first detailed picture of how California's climate is likely to change within the next 50 to 100 years as a result of global warming. Their study, complete with temperature and precipitation data for different parts of the state, goes far beyond the usual speculation about the potential impacts of climate change on the state.

Despite uncertainties in the climate models used to generate these scenarios, they are valuable tools for planning, said Lisa Sloan, an associate professor of Earth sciences at UCSC. The findings of Sloan and her coauthors will be published online on June 7 by the journal "Geophysical Research Letters."

The study reveals subtle details about how California's weather and climate may change, and offers regional specifics and precise numbers backed by a statistical analysis.

"Everybody has guessed at the effects on water resources, but now we have numbers and locations. It's a lot different from the standard arm waving," Sloan said. "Our hope is that this kind of study will give state and regional officials a more reliable basis for planning how to cope with climate change."

Sloan's research group used a sophisticated computer model of the regional climate system to look at the response of California's climate to changing concentrations of the greenhouse gas carbon dioxide.

The regional model offers much finer spatial resolution than larger models used to study the global climate. Since the regional climate is driven by global processes, the regional model was coupled with a global climate model.

With atmospheric carbon dioxide doubled, the California regional climate model showed higher average temperatures every month of the year in every part of the state. The extent of the warming varied, however, with the greatest increases in temperature occurring at high elevations in the Sierra Nevada and the Cascade Range. For example, the average temperature in June in the Sierra Nevada increased by 11 degrees Fahrenheit.

The model also showed rainfall increasing in northern California but staying the same in southern California, while snow accumulation in the mountains decreased. In March, for example, it showed an additional eight inches of rain falling in the central Sierra, while the height of the snowpack at the end of March dropped by 13 feet.

"With less precipitation falling as snow and more as rain, plus higher temperatures creating increased demand for water, the impacts on our water storage system will be enormous," Sloan said.

High Protein Corn Produced Without Engineering

Instead of adding foreign DNA to the corn, the researchers increased the plant's ability to produce more of its own naturally occurring protein by adjusting the genetic signals that control the process. The result is a more nutritious and natural food that eliminates the need for dietary supplements or chemical additives.

Jinsheng Lai, research associate at Rutgers' Waksman Institute of Microbiology, and Joachim Messing, professor and director of the institute, presented their findings in the current issue of "The Plant Journal."

Lai and Messing increased the level of the corn's amino acid methionine, a common building block of protein, but one that the body cannot manufacture by itself.

"Since our own body cannot synthesize certain amino acids such as methionine, we need to take it in through food," said Messing. " If we don't, then we die."

In an protein rich diet such as most Americans consume, this is not a problem.

"However, for the poor kids in Bolivia and elsewhere, steak and chicken are rarely on the table," Messing explained. "Their dietary staple is corn and little else. With our discovery, there is now an opportunity for them to get the protein necessary to ensure their health."

Messing explained that the researchers enabled the corn to make more of its own methionine by first isolating the gene for methionine and then adjusting the signaling sequences that flank it.

"It still makes the same protein as before, but we changed the dials left and right of it a little bit, turning them up to increase the amount of protein made," Messing said.

Messing stressed that this is not the same as producing a genetically modified organism or GMO, in which scientists insert a gene that is not native to the plant. A patent is pending on the new corn.

The first test application of the methionine enhanced corn was in chicken feed. Most chicken feed is an expensive blend of corn, soybeans and synthetic methionine. The new corn replaced the synthetic additive and resulted in normal healthy chickens.

Messing contends that in addition to the nutritional benefits to corn dependent Third World diets, the poultry industry could see an annual cost saving of about a billion dollars if it eliminates synthetic additives from chicken feed.

"Over and above the improvement of people's diets, there are benefits to using a protein that the organism naturally makes," Messing concluded. "People have already been eating it for years, and they already know it is safe."

Wildfire Season Strikes Across the Nation

Ten new large fires were reported yesterday for a total of 37 large fires currently burning from Alaska to Florida and Hawaii to Minnesota.

Fire activity increased in Colorado and New Mexico yesterday, with nine large fires burning in those two states, according to federal fire officials. Forecasted weather should bring some relief to those areas today, they say, looking forward to scattered showers and cooler temperatures.

On Sunday, a wildfire that began in a cranberry bog in Double Trouble State Park swept across almost 1,400 acres of the New Jersey Pinelands, destroying one home and damaging several others. State officials said they suspected that human activities caused the forest fire, which forced the evacuation of more than 100 homes and the Crystal Lake convalescent center.

The path of the fire also forced the temporary closure of the Garden State Parkway for part of Sunday night. The fire was contained late Monday afternoon.

Forest fire (Photo courtesy National Interagency Fire Center)

All residents of Summerhaven, a small community at the top of Mount Lemmon, have been evacuated, and at least two structures have been destroyed.

In Colorado, a 7,000 acre fire south of Canon City destroyed 80 homes. The Iron Mountain fire near Westcliffe, Colorado, has burned more than 100 residences and is currently threatening more structures. Several subdivisions have been evacuated.

Another 11,000 acre fire near the New Mexico border in the southern part of Colorado was threatening a methane gas field on Monday. It doubled in size yesterday and is also threatening structures.

In California, about 8,000 acres were ablaze Monday in four separate fires burning in the Los Padres, San Bernardino and Sequoia national forests. The Wolf fire near Ojai, California, continues to burn actively, threaten structures, and forced the closure of Highway 33.

In Minnesota, an uncontrolled wildlife burning in Crow Wing County threatens homes, businesses, farms and other structures.

In Georgia a fire in the Okefenokee National Wildlife Refuge which has been burning for weeks has destroyed 121,559 acres and is only three percent contained. This complex consists of three fires 10 miles northeast of Fargo, Georgia and fire offficials say it is "being managed to benefit resources," which continue to be monitored.

Fuel Cell Will Power Yellowstone Ticket Booths

The fuel cell demonstration project is part of the park's "Greening of Yellowstone" initiative, designed to reduce pollution and the impact of energy use to safeguard one of the nation's oldest national parks.

H Power Corp., a fuel cell development company, installed the cogeneration fuel cell system at Yellowstone's busiest entrance, the West Entrance in West Yellowstone, Montana, through which about one million visitors pass each year.

The 4.5 kilowatt proton exchange membrane (PEM) fuel cell system is fueled by propane, and provides electricity to ticket booths and an office, where it powers lights, communication equipment and computers. The system's byproduct heat will be used for space heating.

"Yellowstone is excited to be a partner in this project," said Yellowstone superintendent Suzanne Lewis. "We are committed to using energy in a manner that will have the least possible impact on this irreplaceable resource. Using a source of energy that is clean, quiet, and renewable is consistent with our mission to preserve and protect Yellowstone for future generations."

Air pollution at Yellowstone has been the subject of controversy in recent years, with some ticket booth operators requesting gas masks to avoid breathing the fumes from the thousands of snowmobiles that pass through the West Entrance each day in the winter. The Bush administration has suspended plans to ban snowmobiles from much of Yellowstone.

The Propane Education & Research Council, an organization that promotes propane safety, funds propane research and development, and expands public awareness of propane and its environmental advantages, provided funding for the project.

"The National Park Service is taking a position of leadership in introducing cleaner technologies for power generation to improve air quality," said H Frank Gibbard, chief executive officer of H Power Corp. " Our quiet, clean cogeneration fuel cell systems can operate independent of a power grid, and this makes them an ideal solution to the power needs in our national parks."

Fine Levied in Waterfowl Hit and Run

James Slattery, 20, was charged with careless operation of a snowmobile as the result of the February 2 incident. Slattery, who pleaded guilty in May after an investigation linked him to the crime, has been ordered to pay a fine and restitution totaling $1,800, but his 30 day jail sentence was suspended.

"People weren't aware of the harm that rogue snowmobilers can do to wildlife, but that's changed after this incident," said Minnesota Department of Natural Resources (DNR) conservation officer Joe Frear of Waseca, who investigated the incident. "Their senseless actions upset a lot of people."

Frear received reports of dead waterfowl in the aeration system at Loon Lake. A caller told Frear he had heard people at a local restaurant bragging about hitting the birds. The caller also said he saw snowmobile tracks going through the Loon Lake aeration system.

Frear's investigation found 20 dead Canada geese and 14 dead mallards. After asking snowmobilers in the area if they had seen anything, Frear received a tip about who hit the birds.

"Snowmobilers sometimes get a bad rap, but some snowmobilers helped me find those involved," Frear said. "They were as upset as other members of the community. I appreciated their assistance."

Frear later stopped Slattery on several snowmobile violations. During that time, Slattery admitted that he had been water skipping and hit the waterfowl.

"I knew he was one of the guys when I saw the front of his snowmobile covered with blood and feathers," Frear said.

Frear said most snowmobilers are law abiding and respectful of wildlife, but in 14 years serving the area he's seen a pattern develop in snowmobilers in the 18-25 age group.

"Their attitude is, 'It's a rush for us and if you catch us you catch us,'" Frear said. "Warnings of illegal operation seem to leave little impression on some youthful snowmobilers. Unfortunately, a ticket seems to result in better compliance."

Under state law, no person may use a motor vehicle to drive, chase, run over or kill any wild animal.

"The parents of some of these snowmobilers ask me to put an end to the behavior, but a half hour after issuing a warning or ticket they're back at it," Frear said.

New Award Honors Renewable Energy Research

The Paul Rappaport Renewable Energy and Energy Efficiency Award, offered through the DOE's National Renewable Energy Laboratory (NREL) will honor an individual, team or organization that support NREL's mission through research or through the introduction of technologies in the marketplace.

The name of the award is a tribute to solar energy pioneer Paul Rappaport, who served as NREL's director at its inception in 1977.

"Dr. Rappaport was dedicated to the pursuit of excellence as he worked to spur on renewable energy and energy efficiency," said current NREL director Richard Truly. "So it is fitting that an award that will honor the best of those who continue on with this important work will also bear his name."

Nomination forms for the award, available on the lab's web site at: http://www.nrel.gov, must be submitted by June 15.

Rappaport made many contributions to early work in solar energy systems. Rappaport died in 1980.

The winner of the Rappaport Award will be honored at a reception in July as part of NREL's 25th Anniversary Celebration.