• Clean Vehicle Rule Challenged by Bush Administration
  
• Bush Administration Sued Over Utah Energy Project
  
• Proposed New York Mountaintop Development Criticized
  
• Arizona Recycling Company Fined
  
• California Recreation Area Expanded by Federal Bill
  
• Two Idaho Wolves Shot by Wildlife Officers
  
• Electromagnetic Technique Stamps Metal Cleanly
  
• Critical Habitat Designated for California Plant
  

Clean Vehicle Rule Challenged by Bush Administration

In a 37 page brief filed with the federal appeals court in San Francisco on Wednesday, lawyers from the Justice Department argued that California does not have the authority to regulate vehicle fuel economy, an area of federal jurisdiction.

The filing came in a lawsuit filed by automakers challenging California's requirement that 10 percent of vehicles sold in the state in the 2003 to 2008 model years be zero emissions vehicles. Only electric or fuel cell cars would meet that requirement using current technology.

Noting that automakers may not be able to sell enough zero emissions vehicles to meet that requirement, California included a provision allowing hybrid vehicles, which do emit some pollution, to qualify as part of the 10 percent requirement.

Automakers argued, and the Bush administration has now agreed, that the hybrid vehicle provision was an attempt to preempt the federal government's authority to set fuel economy standards, because the California law defined hybrid vehicles in part based on their fuel economy.

"The Energy Policy and Conservation Act provides that when a federal fuel economy standard is in effect, a state or a political subdivision of a state may not adopt or enforce a law or regulation related to fuel economy standards," the Justice Department wrote.

A lower federal court has issued a preliminary injunction in the case filed by General Motors Corporation, DaimlerChrysler Corporation and several state auto dealers, delaying implementation of the zero emissions rule for two years.

The court overruled lawyers for the state who argued that automakers have a variety of technological options besides hybrid vehicles to meet the zero emissions rule.

On Wednesday, the Justice Department noted that the lower court found that "these other alternatives are in fact impractical, and that manufacturers seeking to minimize their costs will be forced to produce hybrid vehicles that meet the state's fuel efficiency standard."

The case marks a departure from the federal government's past willingness to let California regulate sources of air pollution. The federal Clean Air Act gives California the authority to set stricter standards for air pollution than federal standards, a provision that has spurred the development of new emissions reductions technologies in a variety of sectors.

"I am disappointed that the federal government would intervene with our efforts to protect our air quality," said California Governor Gray Davis in a statement Wednesday evening. "Fuel cell and hybrid technology is a decade ahead of where it would have been in the absence of zero emission vehicle regulations."

Bush Administration Sued Over Utah Energy Project

The Southern Utah Wilderness Alliance (SUWA), the Wilderness Society and the Natural Resources Defense Council (NRDC), represented by Earthjustice, sued the Bush administration over a project located south of Dinosaur National Monument, in a remote area known as the Book Cliffs.

The project would encompass more than 3,000 square miles of public lands, including seven areas proposed for wilderness designation. The project would require 5,000 explosive detonations along 457 miles of seismic lines, and would take up to two years to complete.

"We are seeing a repeated and senseless pattern in which the Administration is actually targeting for exploration the most fragile, important, and scenic lands," said Pam Eaton, regional director of the Wilderness Society's Four Corners States Office. "There is a place for oil and gas development activities on public lands, but it's absurd for BLM to simply ignore critical values such as wilderness and impacts to wildlife and vegetation."

Just weeks after receiving a record breaking number of public comments - including critical comments from the U.S. Environmental Protection Agency (EPA) - the BLM found that the project would have "no significant impact on the environment," and declined to prepare a comprehensive environmental impact statement.

Veritas DGC Inc., of Houston would conduct the work for its clients, oil companies that it has refused to identify. Veritas is one of the largest oil exploration companies in the world with more than $456 million in revenue in fiscal year 2002. It has operations in 19 countries on six continents.

"We have never seen this extreme, single minded approach to oil development that the BLM is taking now," said Steve Bloch, SUWA staff attorney. "With orders from Washington to make oil drilling its 'No. 1 priority,' both Utah's wildlife and magnificent redrock landscapes are being ruined forever for the chance to produce a few months of oil."

The BLM granted its approval on October 4, and put the decision into "full force and effect." The agency also had pre-work meetings with Veritas that day. The BLM would not release its decision record to conservationists unless they made the day long trip to the BLM's Vernal office, and then refused to release additional correspondence files, all of which are public documents.

"The BLM's actions here - including its disregard of the comments of thousands of concerned citizens and its refusal to share documents - make a mockery of Interior Secretary [Gale] Norton's oft repeated commitment to 'Consultation, Cooperation, and Communication in the service of Conservation.' Here in southern Utah, their actions speak louder than words," said Johanna Wald of NRDC.

The BLM disregarded comments by the EPA which noted that "the [environmental assessment] does not adequately characterize the direct and indirect effects to wildlife habitat and soils; the effects of [subsequent off-road vehicle use]; or disclose similar actions, cumulative effects and reasonably foreseeable development within or adjacent to the Project area." The agency also ignored over 25,000 public comments in opposition to the project.

"This is another outrageous example of the Bush administration pushing through energy projects without considering their impacts on natural resources," said Susan Daggett, attorney for Earthjustice who is representing the coalition. "The public should have a voice in this process. Let's not sacrifice the public's interest at the alter of the Bush-Cheney energy plan."

Proposed New York Mountaintop Development Criticized

The development is proposed for 3,655 foot summit of Little Whiteface Mountain, in an area designated last November by Governor George Pataki as vital nesting bird habitat.

The Adirondack Park Agency's Board of Commissioners toured the Olympic Training Center in Lake Placid today. The Agency could begin its review of the ORDA expansion plan at its November meeting.

"Any private developer who proposed this project would be sent packing. We hope the Park Agency will begin its review of the Whiteface expansion plan by eliminating the mountaintop restaurant," said Adirondack Council executive director Brian Houseal.

A Bicknell's thrush (Photo courtesy by Gregory Gough, courtesy USGS)

Bicknell's thrush is found on mountain tops higher than 3,000 feet (915 meters) in the northeastern U.S., and at lower elevations in higher latitudes, nesting in stunted coastal spruce forests in New Brunswick, Canada. It prefers thick stands of balsam fir and red spruce, for nesting, and seems to prefer to live in steep and rugged terrain.

There are just 57 known Bicknell's nests in the entire United States, all on high mountaintops.

"Bicknell's thrush, the blackpoll warbler and Swainson's thrush breed in the high peaks of the Adirondacks and very few other places," Houseal said. "Destroying this fragile mountain habitat would be a bad example to our neighbors in Puerto Rico and the Dominican Republic, who are struggling to protect the wintering areas for Bicknell's thrush in their fledgling national parks."

Governor Pataki has designated the summits of all the Adirondack high peaks that reach above 2,800 feet as bird conservation areas worthy of special protection, Houseal noted.

Houseal said the Council was open to environmentally compatible improvements to ORDA's downhill skiing operation that would allow the state run center to host international competitions. However, he added that the proposed summit lodge and new ski slopes could result in irreversible environmental harm to the thin alpine soils, alpine forest and other high altitude species.

"It seems to contradict logic that anyone would propose this development in a known landslide area. We'd also like to know what they intend to do with the sewage. There is almost no soil on the mountain and the current septic system seems overtaxed at times," Houseal said. "We are concerned about the health of the Ausable River, a world class trout stream, which runs through Wilmington Notch at the base of the ski center. The Ausable would be vulnerable to septic and soil runoff and would be the source of water for new snowmaking."

Arizona Recycling Company Fined

The Arizona Department of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) charged the company with failing to categorize, document, label and store hazardous waste, and failing to document training for those handling or those supervising the handling of hazardous wastes stored at the facility. Superior provides companies with hazardous waste recycling of fluorescent lighting and ballasts, lamps, transformers, batteries, mercury waste and polychlorinate biphenyls (PCBs).

"Clearly the facility needed to improve its business practices to lessen the chances of public exposure to hazardous wastes and to protect the environment," said Shannon Davis, director of ADEQ's waste programs division. "The new management has demonstrated its commitment to make the necessary changes and the facility is now complying with regulations."

Superior will pay $125,000 to the state's General Fund for state law violations and $18,000 to the U.S. Treasury for federal violations. As part of a supplemental environmental project under the state's consent order, Superior will spend $125,000 to collect and dispose of unwanted hazardous chemicals from the Phoenix schools.

Outdated chemicals, toxic compounds, deteriorated containers, and inadequate ventilation in school laboratories present a potential for explosions, fires and the release of toxic vapors. The money will go toward helping schools properly dispose of and manage waste from chemistry labs.

Officials discovered Superior's violations during a three day inspection in April 2001. The inspections are a part of a joint ADEQ and EPA compliance effort in South Phoenix. The company has since corrected all violations and subsequent inspections have shown the company's return to compliance.

"Companies that handle hazardous waste need to manage them properly not only to protect the environment, but to ensure public safety," said Jeff Scott, the EPA's waste management division director for the Pacific Southwest region. "This facility owned up to these infractions and fixed the problems to comply with the law."

California Recreation Area Expanded by Federal Bill

The Santa Monica Mountains National Recreation Area Boundary Adjustment Act (HR 640) will add 3,697 acres to the 150,050 acre protected area, the National Park Service's largest holding in an urban area, visited by 33 million people each year.

The addition is intended to help protect the principal wildlife corridor between the Simi Hills and Santa Monica Mountains, increase recreational activities for district residents and protect endangered species. The bill was introduced by two U.S. Representatives from California, Elton Gallegly, a Republican and Brad Sherman, a Democrat.

"The Santa Monica Mountains Recreation Area is proof that natural settings and urban environments are not mutually exclusive," Gallegly said. "This addition enhances both."

Protecting the wildlife corridor is expected to promote greater ecosystem health and diversity in the Santa Monica Mountains, particularly for larger mammals like bobcats, badgers and mountain lions. The bill has widespread support in the local community, including private property owners.

The Recreation Area, which stretches from West Hollywood in Los Angeles County to Point Mugu in Ventura County, is home to 26 distinct natural communities, from freshwater aquatic habitats to oak woodlands. It is a haven for more than 450 animal species, including the golden eagle.

The Santa Monica Mountains are within an hour's drive of more than 19 million people - one in 15 Americans.

Two Idaho Wolves Shot by Wildlife Officers

The wolves, an uncollared sub-adult male and the alpha female (B-46), were members of the Jureano Pack. Both animals were shot from a helicopter by the Department of Agriculture's Wildlife Services, according to the USFWS Idaho wolf recovery coordinator, Carter Niemeyer.

The shootings were ordered in response to confirmed livestock depredations by the Jureano Pack in the area. Seven domestic calf kills across several Salmon private landowners' properties have been documented by wolf recovery specialists since mid-June.

The USFWS also issued a private landowner lethal control permit in mid-September after livestock depredation by members of the Jureano Pack were confirmed. The 45 day permit will remain valid until the livestock are moved from the ranch.

Neimeyer said the USFWS, Wildlife Services, and the Nez Perce Tribe had exhausted all reasonable efforts to use non-lethal means to discourage chronic depredation incidents.

"The Jureano wolf pack has demonstrated habituated behavior toward killing domestic livestock in this area," Niemeyer stated. "Further confirmed depredations by this pack will result in incremental removal of additional pack members."

Various non-lethal efforts to control the Jureano Pack were implemented this summer. One non-lethal method, the use of fladry - twine with red ribbon placed around fence perimeters - was used to prevent depredations on a private ranch that the wolves frequented.

The several mile fladry barrier was successful in preventing the wolves from depredating for about two months, but the method failed to prevent the Jureano Pack from livestock depredation on the ranch.

Wolves in Idaho continue to make progress toward recovery despite the implementation of lethal control measures, the USFWS said. About two dozen wolves have been killed as a result of livestock depredation since the 1995 reintroduction of 35 gray wolves into the Idaho area, which is designated as a nonessential, experimental area.

The 2002 wolf count will be completed in December, but it is estimated that Idaho now has about 260 individuals.

Electromagnetic Technique Stamps Metal Cleanly

The process could also expand manufacturers' choice of available metals, and enable the use of aluminum parts in lighter, fuel efficient automobiles, the researchers said.

Glenn Daehn, OSU professor of materials science and engineering, and his colleagues pioneered hybrid electromagnetic metal forming in 1999, while collaborating with the "Big Three" automakers. With this process, a traditional tool and die stamps the general shape of a part out of sheet metal. Afterward, a magnetic field pushes at specific locations of the sheet metal to form fine details or complex shapes.

Now the Ohio State engineers have discovered that they can improve the process if they use the magnetic field to stretch certain portions of the metal during the stamping operation.

Graduate student Jianhui Shang holds two pans stamped from automotive grade aluminum. The pan on the right was stamped using traditional techniques. The one on the left was stamped using the same equipment, but employing Daehn's electromagnetic bump forming technique. (Photo courtesy Ohio State University)

Daehn described the improved process on Wednesday at the annual meeting of the Minerals, Metals, and Materials Society, now known as TMS.

Daehn calls the process "bump forming," because the magnetic field bumps against the metal in many short pulses - five to 20 times in less than one second - while the metal moves into the die.

As a sheet of metal bends to fit inside a tool and die, some parts of the sheet may stretch more than others, and may tear if the metal stretches too much. Lubricants are used to reduce tearing, and disposing of these lubricants can be expensive and hazardous to the environment.

With Daehn's technique, electromagnetic fields work against the parts of the sheet that would not normally stretch, causing them to bow out. With this extra amount of give in the metal, other portions of the sheet will be less likely to tear.

The process works well in electrically conductive metals, including aluminum. When exposed to a strong electro-magnetic field from a coil inside the punch portion of the stamping tool, a corresponding electrical current and electromagnetic field form inside the metal. The field in the coil and the field in the metal repel each other, pushing the aluminum away from the punch.

Bump forming could be useful in mass production, Daehn said. From the auto industry to aerospace and electronics, large manufacturing operations often need to stamp as many as 10 million copies of their metal components per year.

"We can enable the use of higher strength materials and aluminum alloys in manufacturing. We can reduce the amount of equipment associated with metal forming," Daehn said. "Parts that used to require multiple steps could be made with one set of tooling, which would mean a big cost savings. And we think we can eliminate reliance on these nasty lubricants."

Critical Habitat Designated for California Plant

The Kneeland Prairie penny-cress is an endangered flowering plant native to California that grows only in certain rocky soils in the Kneeland Prairie grasslands of Humboldt County. About 84 percent of the designated critical habitat acreage is private land. State lands make up five percent of the designation, and county lands account for 11 percent.

When mapping the critical habitat, USFWS biologists attempted to exclude developed areas such as roads and buildings because these areas do not support habitat for the Kneeland Prairie penny-cress. Any developed areas that may remain within the boundaries of the 74 acre critical habitat unit are not included in the designation.

Kneeland penny-cress (Photo courtesy USFWS)

Once thought to be extinct, the Ventura marsh milk-vetch was rediscovered by a USFWS biologist in 1997. Until then, the species has not been seen since a single plant was collected in 1967.

The 420 acres of proposed critical habitat for the milk-vetch are located in three areas on state and private lands in Ventura and Santa Barbara counties. About 281 acres are state owned with the remaining acreage on private land. Critical habitat is being proposed in the location where the plant now occurs and where new populations could be established.

"A critical habitat designation will help this extremely rare plant by making people aware of the its habitat needs," said Steve Thompson, the USFWS California-Nevada operations manager.

The only known population of the milk-vetch is located on less than one acre of private beach dune in Ventura County that has been used in the past for oil field waste disposal. When the species was rediscovered in 1997, 374 plants were counted at the site. In 2000, the population dipped to 39 plants before increasing to 300 plants in 2001.

The California Department of Fish and Game listed the Ventura marsh milk-vetch as endangered in April 2000 and worked with the USFWS to collect seed from the remaining plants in Ventura County to establish new populations. Transplant projects are underway in Santa Barbara County at Coal Oil Point Reserve and Carpinteria Marsh. It is not known how successful these experimental methods will be at establishing new populations.