The Asian carp case in the U.S. Supreme Court officially ended on April 26th with a two sentence order by the Court: "The motion of Michigan to reopen and for a supplemental decree is denied. The alternative motion for leave to file a bill of complaint is denied."
The State of Michigan had filed an action in the Supreme Court to order the State of Illinois, the Metropolitan Water Reclamation District of Greater Chicago, and the U.S. Army Corps of Engineers "to immediately take all available measures within their respective control, consistent with the protection of public health and safety, to prevent the migration of bighead and silver carp into Lake Michigan." The Supreme Court's latest ruling comes after extensive briefings by the parties and two prior orders denying Michigan's motions for a preliminary injunction, which sought to immediately close the locks.
What will happen next? It seems unlikely, although possible, that Michigan will file a new action in federal district court to continue litigation. The most likely solution is a political one--one in which the Obama administration works with the governors of the Great Lakes states to come up with a middle-of-the-road solution. What is clear is that the locks will not be closed in the immediate future.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Monday, April 26, 2010
Sunday, April 25, 2010
Developer to Pay $8,000 to Settle Alleged Water Pollution Violations
On April 15th, the Illinois Pollution Control Board accepted the settlement in People v. Andalusia Ventures, LLC, No. PCB 09-75, which concerned the defendant's residential housing development, known as Fancy Creek Crossing, located at 101st Street West and Andalusia Road (Route 92) in Andalusia, Rock County, Illinois.
The State alleged that the defendant violated the Illinois Environmental Protection Act, beginning in 2006 through at least July 2009, by discharging sediment of other than natural origin into a receiving stream, thereby causing or threatening to cause water pollution, and by failing to submit accurate incidents of noncompliance letters and reports, and failing to have on site storm water pollution prevention plan and rainfall reports.
Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $8,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The State alleged that the defendant violated the Illinois Environmental Protection Act, beginning in 2006 through at least July 2009, by discharging sediment of other than natural origin into a receiving stream, thereby causing or threatening to cause water pollution, and by failing to submit accurate incidents of noncompliance letters and reports, and failing to have on site storm water pollution prevention plan and rainfall reports.
Under the terms of the settlement, the defendant admits the alleged violations and agrees to pay a civil penalty of $8,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Chicago's Green Roofs
There was an interesting article in the Chicago Tribune on April 20th concerning the building of green roofs in Chicago. According to the article, the city "now boasts about 500 green roofs that are either finished or underway, according to Department of Environment spokesman Larry Merritt, and they cover 7 million square feet — roughly double the amount of floor space in the Willis Tower."
According to the Green Roofs for Healthy Cities North America organization, a green roof is "an extension of the existing roof which involves a high quality water proofing and root repellent system, a drainage system, filter cloth, a lightweight growing medium and plants. Green roof systems may be modular, with drainage layers, filter cloth, growing media and plants already prepared in movable, interlocking grids, or, each component of the system may be installed separately. Green roof development involves the creation of 'contained' green space on top of a human-made structure. This green space could be below, at or above grade, but in all cases the plants are not planted in the 'ground'. Green roofs can provide a wide range of public and private benefits."
Mayor Daley and his colleagues at the city should be congratulated for their leadership on green roofs. It all started with a green roof on City Hall. Between 2005 and 2007, the city also gave out grants to help finance green roof projects.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to the Green Roofs for Healthy Cities North America organization, a green roof is "an extension of the existing roof which involves a high quality water proofing and root repellent system, a drainage system, filter cloth, a lightweight growing medium and plants. Green roof systems may be modular, with drainage layers, filter cloth, growing media and plants already prepared in movable, interlocking grids, or, each component of the system may be installed separately. Green roof development involves the creation of 'contained' green space on top of a human-made structure. This green space could be below, at or above grade, but in all cases the plants are not planted in the 'ground'. Green roofs can provide a wide range of public and private benefits."
Mayor Daley and his colleagues at the city should be congratulated for their leadership on green roofs. It all started with a green roof on City Hall. Between 2005 and 2007, the city also gave out grants to help finance green roof projects.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, April 23, 2010
Steel Company to Pay $120,000 to Resolve Alleged Hazardous Chemical Reporting Violations
On April 16th, the U.S. Environmental Protection Agency announced the settlement of a federal enforcement action alleging hazardous chemical reporting violations against Alro Steel Corp., which has a facility in Melrose Park, Illinois.
Federal law requires that state and local authorities be notified of hazardous chemical storage. In the event of a fire or emergency, responders need to know what they are dealing with so they can take steps to protect people living or working in the area.
The defendant paid $120,000 to resolve the EPA notice that it failed to submit to state and local authorities required chemical inventory forms for a variety of hazardous chemicals. The hazardous chemicals used in the processing of steel include hydrogen, cutting fluid, acrylic enamels, chemtane, methane, propylene, propane, nitrogen, carbon dioxide gas, oxygen, argon and acetylene. The defendant also has sulfuric acid and lead in its lead-acid batteries that must be reported.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Federal law requires that state and local authorities be notified of hazardous chemical storage. In the event of a fire or emergency, responders need to know what they are dealing with so they can take steps to protect people living or working in the area.
The defendant paid $120,000 to resolve the EPA notice that it failed to submit to state and local authorities required chemical inventory forms for a variety of hazardous chemicals. The hazardous chemicals used in the processing of steel include hydrogen, cutting fluid, acrylic enamels, chemtane, methane, propylene, propane, nitrogen, carbon dioxide gas, oxygen, argon and acetylene. The defendant also has sulfuric acid and lead in its lead-acid batteries that must be reported.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Thursday, April 22, 2010
Environmental Register for March 2010
The Illinois Pollution Control Board has issued its Environmental Register publication for March 2010.
The Environmental Register features a letter from Chairman Girard, a rulemaking update, a summary of actions of the Board, a summary of new cases, and the Board's calendar.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The Environmental Register features a letter from Chairman Girard, a rulemaking update, a summary of actions of the Board, a summary of new cases, and the Board's calendar.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Wednesday, April 21, 2010
Susan Hedman Chosen to be Regional Administrator for U.S. EPA Region 5
On April 21st, the U.S. Environmental Protection Agency announced that President Obama selected Susan Hedman to be Regional Administrator for EPA's Region 5, which encompasses Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin and 35 Tribal Nations.
Regional Administrators "are responsible for managing the Agency's regional activities under the direction of the EPA Administrator. They promote state and local environmental protection efforts and serve as a liaison to state and local government officials. Regional Administrators are tasked with ensuring EPA's efforts to address the environmental crises of today are rooted in three fundamental values: science-based policies and programs, adherence to the rule of law, and transparency."
Environmental advocates are sure to cheer this appointment. Ms. Hedman has been Illinois Attorney General Lisa Madigan's Environmental Counsel and Senior Assistant Attorney General since 2005. She has also held positions with the Environmental Law and Policy Center and the Illinois Department of Commerce and Economic Opportunity.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Regional Administrators "are responsible for managing the Agency's regional activities under the direction of the EPA Administrator. They promote state and local environmental protection efforts and serve as a liaison to state and local government officials. Regional Administrators are tasked with ensuring EPA's efforts to address the environmental crises of today are rooted in three fundamental values: science-based policies and programs, adherence to the rule of law, and transparency."
Environmental advocates are sure to cheer this appointment. Ms. Hedman has been Illinois Attorney General Lisa Madigan's Environmental Counsel and Senior Assistant Attorney General since 2005. She has also held positions with the Environmental Law and Policy Center and the Illinois Department of Commerce and Economic Opportunity.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, April 13, 2010
Report: If Locks Are Closed to Stop Asian Carp, Economic Impact Will Be $4.7 Billion Over 20 Years
On April 7th, DePaul University Professor Joseph P. Schwieterman released a report entitled "An Analysis of the Economic Effects of Terminating Operations at the Chicago River Controlling Works and O'Brien Locks on the Chicago Area Waterway System." This report attempts to quantify the economic impact that would result if Chicago-area locks were closed to prevent Asian carp from reaching Lake Michigan. According to the report:
"The findings show that spending by consumers and commercial shippers on the barge and boat operations that would be affected by closure of the locks has an annual financial impact of $1.3 billion. This figure is inclusive of multiplier effects related to waterway use but not inclusive of certain employment-related effects, which can only be measured with further study. The economic value lost from permanent closure is estimated to be $582 million the first year, $531 annually over the subsequent seven years, and $155 million annually thereafter. The net present value of these costs, over a 20-year planning horizon at a four percent discount rate, is $4.7 billion.
"For the first year after closures, the lost value consists of added transportation costs ($125 million; inclusive of social costs), losses to recreational boaters ($5 million), consumers of river cruises and tours ($20 million), municipal departments providing public protection ($6 million), property owners ($51 million), and regional agencies needing additional funds for flood-abatement systems ($375 million). A portion of these losses would be shouldered by industries outside the Chicago metropolitan area, particularly certain ports in the Mississippi River basin that serve the barge transportation industry."
This report bolsters the claim of many who believe that closing the locks would have a devastating effect on the Chicago-area economy. They believe that there are alternative ways to prevent Asian carp from reaching Lake Michigan without closing the locks. Some environmentalists, on the other hand, believe that it will be devastating if Asian carp reach Lake Michigan, and that it is worth the potential economic impact. These contrary opinions are the subject of a case presently before the U.S. Supreme Court, which is supposed to take up the case on the merits this month.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
"The findings show that spending by consumers and commercial shippers on the barge and boat operations that would be affected by closure of the locks has an annual financial impact of $1.3 billion. This figure is inclusive of multiplier effects related to waterway use but not inclusive of certain employment-related effects, which can only be measured with further study. The economic value lost from permanent closure is estimated to be $582 million the first year, $531 annually over the subsequent seven years, and $155 million annually thereafter. The net present value of these costs, over a 20-year planning horizon at a four percent discount rate, is $4.7 billion.
"For the first year after closures, the lost value consists of added transportation costs ($125 million; inclusive of social costs), losses to recreational boaters ($5 million), consumers of river cruises and tours ($20 million), municipal departments providing public protection ($6 million), property owners ($51 million), and regional agencies needing additional funds for flood-abatement systems ($375 million). A portion of these losses would be shouldered by industries outside the Chicago metropolitan area, particularly certain ports in the Mississippi River basin that serve the barge transportation industry."
This report bolsters the claim of many who believe that closing the locks would have a devastating effect on the Chicago-area economy. They believe that there are alternative ways to prevent Asian carp from reaching Lake Michigan without closing the locks. Some environmentalists, on the other hand, believe that it will be devastating if Asian carp reach Lake Michigan, and that it is worth the potential economic impact. These contrary opinions are the subject of a case presently before the U.S. Supreme Court, which is supposed to take up the case on the merits this month.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Subscribe to:
Posts (Atom)
Posts
