• Court Win Could Help Clean Up California Waters
  
• Coral Formations Record Past Climate, Storms
  
• Monsanto Backs Away from Engineered Grass
  
• DOE Funds Environmental Cleanup Research
  
• Grant Funds Wetlands Conservation on Lake Superior
  
• Protection Sought for Anacapa Deer Mouse
  
• Congress Members, Staff Want Better Parks Funding
  
• Murphy Farm Added to Harpers Ferry National Park
  

Court Win Could Help Clean Up California Waters

The ruling will require regional water quality control boards to reduce the amount of toxic pollutants being discharged by major industrial and municipal polluters into surface waters throughout the state.

The environmental law group Earthjustice, on behalf of a coalition of California clean water groups, challenged the California Water Resources Control Board's inland surface waters plan. The suit charged that the plan fails to ensure that discharges of toxic pollutants into California waters will meet water quality standards required by the federal Clean Water Act.

Instead, the plan created a number of loopholes that polluters could use to evade the act's requirements, the clean water groups said.

"This is a significant victory for clean water in the state of California," said Earthjustice staff attorney Michael Sherwood, who argued the case for the plaintiffs. "It means that big industrial and municipal dischargers in the state will continue to be bound by the more stringent federal limits on priority toxic pollutants, rather than the more lenient minimum levels. These are the really bad pollutants - the worst of the worst - that cause cancer, birth defects, and brain damage, that are being discharged into the water that we drink, swim in, and eat fish from."

Most of California's inland surface waters - lakes, rivers, bays and estuaries - are polluted by toxics discharged from municipal and industrial sources that are subject to regulation through state issued permits. These toxics, which include mercury, arsenic, PCBs and dioxin, can be poisonous to fish, wildlife and humans, and may persist in the environment for decades.

The provision at issue in the lawsuit - called the minimum levels provision - allowed industries and municipalities to discharge toxic pollutants in amounts greater than allowed by the U.S. Environmental Protection Agency. The provision substituted a less stringent minimum level for some 38 pollutants in waste discharge permits issued by regional boards.

The Court of Appeal held that, as written, the provision would violate federal and state clean water laws. Instead of invalidating it, however, the court interpreted the provision as meaning that minimum levels may be utilized "only for the purpose of defining reporting requirements and providing a guideline for [administrative] enforcement by Regional Boards," and not as a substantive discharge limit.

"This decision means that the regional boards and dischargers will have an incentive to improve detection technology for these toxic pollutants, which are incredibly dangerous even in very small, hard to detect amounts," Sherwood said. "This decision gives us hope that the state will continue to make progress toward one of the ultimate goals of the Clean Water Act, complete elimination of these toxic pollutant discharges into our water."

The ruling came in a case brought by Earthjustice on behalf of WaterKeepers Northern California, Santa Barbara ChannelKeeper, Santa Monica BayKeeper, Orange County CoastKeeper, San Diego CoastKeeper, and Heal the Bay.

The decision may be viewed at: http://www.courtinfo.ca.gov/opinions/documents/A094917.PDF

Coral Formations Record Past Climate, Storms

Previous research by David Meyer, a University of Cincinnati (UC) professor of geology, established that coral reefs can be an index of the ocean's health, but are being impacted by pollution. A new report presented at the 2002 meeting and exposition of the Geological Society of America describes how hurricanes affect coral formations, and will help scientists compare modern storm effects to those of the past.

Meyer conducted the research with Benjamin Greenstein of Cornell College in Mt. Vernon, Iowa, and recent UC graduate Jill Bries. The trio's work investigated the effect that the frequency of hurricanes had on the geological record contained in coral reefs.

In high frequency hurricane areas like the Bahamas and Florida Keys, coral formations were damaged and broken. Meyer described the effects of storms as "like a forest fire going through."

In contrast, reefs studied in the southern Caribbean islands of Curacao and Bonaire were well preserved owing to a low frequency of storms.

The reefs of the Caribbean region were formed during the interglacial stages of the Pleistocene epoch when sea levels were much higher. Current sea levels have left these reefs exposed and intact.

Both areas of reefs were formed by the same species and fairly close together in terms of geological time.

By comparing the Caribbean reefs with the newer formations in the Bahaman and Floridian areas, the researchers were able to establish a model for looking at older fossil reefs.

"As you go farther back in time," said Meyer, "the reef building species are different and you need a present model to start with. Then you can go back to more ancient reefs to get more insight into the climate and storm patterns of older times."

Monsanto Backs Away from Engineered Grass

Creeping bentgrass is a favored turfgrass for golf course greens, and is found in many other lawns across the country. Several concerned experts had warned the proposed engineered grass could become a co called superweed.

The GE grass variety is resistant to the top selling weedkiller Roundup, a brand owned by Monsanto. Planting the GE grass would have allowed users to broadcast spray Roundup over lawns to kill weeds instead of spot spraying or hand pulling them.

In August, the International Center for Technology Assessment (CTA), a nonprofit public interest group, filed a formal legal petition with the U.S. Department of Agriculture (USDA) requesting a halt to its commercialization of engineered turfgrass. The CTA petition detailed problems surrounding the use of the gene altered grass, including increased use of herbicides and the potential for ecological and economic disruption.

This September, USDA regulatory officials sent Monsanto a letter listing deficiencies in its application, an action that the CTA considers a positive reaction to its petition.

The engineered grass was the first GE plant product aimed at non-agricultural markets, including golf courses, property managers and homeowners. Industry officials have said the potential market for GE lawn and garden products could approach $10 billion dollars a year.

"Commercialization of this grass would have been an environmental nightmare," said CTA executive director Andrew Kimbrell. "Monsanto had no choice but to withdraw the product given the legal action taken by CTA and the USDA response."

CTA's petition also requested that GE glyphosate resistant creeping bentgrass be listed as a federally prohibited noxious weed. So far, the USDA has refused to consider CTA's listing request for the GE variety due to the pending regulatory review.

"Now that Monsanto has withdrawn its application, we expect USDA will prohibit even experimental planting of this potential superweed," said Peter Jenkins, CTA policy analyst.

For a copy of the CTA petition, visit: http://www.icta.org, and click on Actions.

DOE Funds Environmental Cleanup Research

Researchers at 30 universities, nine Department of Energy (DOE) laboratories, one other government and two private institutions will conduct scientific studies focusing on environmental problems at DOE facilities that were once part of the nation's nuclear weapons production complex. Funding for the projects will come out of the DOE's fiscal year 2002 environmental management budget.

"These projects are designed to apply advanced scientific research and initiatives to make significant strides in nuclear waste cleanup efforts at DOE sites across the country," said Energy Secretary Spencer Abraham. "The success of these programs and the success of the department's Environmental Management Science Program (EMSP) will be measured in actual cleanup results, and we expect these programs to deliver."

The 38 science awards focus on: location and characterization of subsurface contaminants and characterization of the subsurface; conceptual modeling; containment and stabilization; and monitoring and validation.

The funded projects were selected after evaluations by external peer reviewers and DOE technical managers familiar with the DOE's cleanup needs. Members of the research teams will attend periodic meetings with federal staff to review the status of the projects, and each project team is required to provide a written progress report on an annual basis.

This is the seventh year of grants and other awards made under the agency's Environmental Management Science Program, established by Congress in fiscal year 1996. The science program is overseen by the DOE's Office of Environmental Management, which is responsible for the environmental cleanup of the nation's nuclear weapons complex, and by the Office of Science, which manages the department's basic research programs.

A complete list of the projects, including funding and research summaries, is available at: http://emsp.em.doe.gov

Grant Funds Wetlands Conservation on Lake Superior

The Migratory Bird Conservation Commission has approved a North American Wetland Conservation Act grant for $999,800 to conserve wetlands in Lake Superior's Chequamegon Bay area. The project, called the Superior Coastal Wetland Initiative, will provide funding to nine northern Wisconsin agencies, tribes and groups.

The grant partners contributed $1,350,058 in cash and technical assistance to match the grant. The Superior Coastal Wetland Initiative, will include wetland acquisition, wetland restoration and stream restoration, improving protection for more than 5,800 acres of habitat.

Recipients of grant funds include the Bad River and Red Cliff Bands of Lake Superior Chippewa, Ashland/Bayfield/Douglas/Iron Counties Land Conservation Department, Sigurd Olson Environmental Institute, Wisconsin Department of Natural Resources, Ducks Unlimited and the U.S. Fish and Wildlife Service. The Nature Conservancy and the Natural Resources Conservation Service will provide financial and program support, but will not receive grant funds.

"There was tremendous give and take by all nine partners as we worked on the grant application. We were motivated by our desire to improve the quality of these coastal habitats," noted Pam Dryer, refuge manager of Whittlesey Creek National Wildlife Refuge and the project's coordinator and grant writer. "Our overall goal is to protect coastal wetlands in the Chequamegon Bay Area by working with willing partners to acquire land, purchase easements and restore habitat on private lands."

The Chequamegon Bay area contains outstanding coastal wetlands, including the Kakagon/Bad River Sloughs, the largest, intact coastal wetland in the upper Great Lakes; the Fish Creek Sloughs at the head of the Bay; and, many other smaller, but important sites.

The people who live in and visit this region understand that a healthy environment is tied to their quality of life.

"The protection of coastal wetlands is vitally important to the health of our economy, our fish and wildlife, and the scenic quality of the area," said Fred Schnook, Ashland City mayor.

Wetlands along the coast of Lake Superior help feed the lake, but make up less than 10 percent of the coastline. Lake sturgeon, northern pike, walleye, smallmouth bass, yellow perch and several species of trout all use coastal wetlands at some stage in their life, and many birds, such as ducks, herons and warblers use them for shelter and food during migration.

Protection Sought for Anacapa Deer Mouse

The Fund for Animals and the Channel Islands Animal Protection Association (CHIAPA) say a National Park Service (NPS) project to exterminate nonnative black rats in the mouse's habitat could lead to the extinction of the rare mice. The genetically distinct subspecies of mouse is found only on the three islets of Anacapa Island in Channel Islands National Park.

Last fall, during Phase I of the NPS project to shower Anacapa Island with the poison brodifacoum, every single Anacapa deer mouse on the East Islet - an estimated 11,000 or one quarter of the world population - was also killed. The groups fear that Phase II of the Anacapa Island Restoration Project poses a grave threat to the populations on West and Middle Islets.

Although the NPS reported capturing 175 Anacapa deer mice before poisoning the East Islet, this was far below the 333 recommended by the NPS geneticist for a sustainable population. The animal welfare groups say there is no guarantee that the reintroduced deer mice would not be killed by poison remaining on the island.

"The NPS claims it is killing black rats to protect native species," said Michael Markarian, president of The Fund for Animals, "but it is succeeding in wiping out native species unique to Anacapa Island. The grave threat to the unique and rare Anacapa deer mouse can only be halted by federal intervention."

The Anacapa deer mouse disperses seeds for native plants on the islets, and would be the only terrestrial predator remaining on the island if the black rat is eradicated. An absence of the Anacapa deer mouse could cause an overpopulation of some plant and animal species.

A second aerial brodifacoum drop is planned by the NPS as early as this week for the West and Middle Islets, despite the fact that the Environmental Protection Agency has not approved the use of the poison in areas where non-target wildlife can be exposed.

"We hope that our petition will halt the poisoning of the island and allow the Anacapa deer mouse, which is found nowhere else in the world, to continue to live there and play an important ecological role," said Scarlet Newton of CHIAPA.

A copy of the emergency listing petition is available at: http://www.fund.org

Congress Members, Staff Want Better Parks Funding

Many congressional candidates across the country have spoken on record about the need to fund the national parks, and Representatives Mark Souder and Indiana Republican, and John Lewis, a Georgia Democrat, are now circulating a letter from members of the House to appropriators supporting additional funds for parks.

"It is clear that Congress supports the national parks, as does the American public," said Americans for National Parks Campaign director Jennifer Coken. "President Bush must follow through on his campaign promise. If he doesn't keep his commitment, it will jeopardize the valuable contribution of parks to this country's economic growth, environmental conservation, and historic preservation."

The coalition of Americans for National Parks includes more than 250 private businesses, trade associations, local governments, and nonprofit organizations from across the country, working with Congress and the administration to address the funding needs of the national parks, including a $600 million annual operating shortfall.

The national parks are operating, on average, with just two-thirds of the funding needed, creating a variety of problems ranging from deteriorating infrastructure to the loss of wildlife. Museum artifacts and archaeological sites are not being preserved, visitor education programs are being reduced, and irreplaceable historic structures are crumbling.

Results from the Congressional e-Cloakroom, a representative Internet-based survey of 155 Senate and House staffers, indicate that 88 percent of Democrats and 69 percent of Republicans surveyed think it is extremely, very, or somewhat important that the president keep his campaign promise to close the parks' funding gap. The study was conducted from September 27 to October 4, 2002, and has a margin of error of plus/minus 6.5 percent.

The omnibus survey is a bipartisan research partnership of Market Strategies and Greenberg Quinlan Rosner.

More information is available at: http://www.americansfornationalparks.org

Murphy Farm Added to Harpers Ferry National Park

"By preserving this remarkable property and its unique historic values for over a century - and by making it available to the public today - the Murphy family has afforded the American people an unparalleled opportunity to experience the confluence of our nation's Civil War history and its civil rights heritage", said Alan Front, senior vice president of the Trust for Public Land, a nationwide non-profit which works to preserve open space.

"With the farm's anticipated transfer in the coming weeks to the Harpers Ferry National Historic Park, this opportunity will last for all time," Front added.

The 99 acre property is located in the eastern tip of West Virginia, adjacent to the Harpers Ferry Park. Protection of the farm means it will not be developed into a proposed 188 home subdivision known as Murphys Landing.

In 1862, the farm was the scene of the final assault by Confederate General A.P. Hill, ending a Confederate siege of the Union Army and leading to the surrender of 12,000 Union soldiers to Confederate General Thomas "Stonewall" Jackson.

From 1895-1910, the Murphy Farm was the site of the relocated fort of abolitionist leader John Brown. Brown had captured the fort in 1859 in his attempt to strike a blow for freedom, but his insurrection was put down by Union troops and he was hanged.

The Brown fort was moved to Chicago for the 1893 Columbian Exposition, but was brought back to Harpers Ferry by Kate Field, a newspaper reporter. In 1895, Murphy deeded five acres for the fort to be rebuilt on his farm.

In 1906, W.E.B. DuBois and other leaders of the Niagara Movement, an organization of African-American leaders, made a pilgrimage across the Murphy Farm to the restored Brown fort. The Niagara Movement later grew into the National Association for the Advancement of Colored People (NAACP).

"The NAACP is proud to support the preservation of the Murphy Farm. Its recognition should serve as a reminder to all of us its extraordinary legacy in our nation's history," said Kweisi Mfume, president of the NAACP. "It should be preserved, revered to the benefit of all."

TPL is purchasing the Murphy Farm from Josephine Murphy-Curtis and Karen Dixon Fuller, the current generation of Alexander Murphy heirs. The 99 acres overlooking the Shenandoah River has been a working farm since Alexander Murphy acquired the property in 1869, and will be conveyed to the National Park Service.

"This is a dream that every generation of the Murphy family has shared," said the family in a statement. "We're extremely gratified that the National Park Service recognizes the farm's significance to both Civil War and Civil Rights history, and that by working with the Trust for Public Land, the property will finally be added to the park."

Jim Kuhn, Murphy's descendent, added, "I am glad that the farm will be protected for future generations. After over 15 years of painstaking historic research and restoration on the Murphy Farm, I am overjoyed that the public will be the ultimate beneficiary of our family's stewardship. Inclusive history was always my goal."