Edgcomb Law Group

Under new legislation introduced by Idaho Senator Mike Crapo, recovery efforts for threatened and endangered species would benefit from voluntary contributions from landowners.

Crapo, the Ranking Member of the Senate Environment and Public Works Subcommittee on Water and Wildlife, is co-sponsoring the Endangered Species Recovery Act of 2010 – an update to Crapo’s original 2007 legislation.

This updated bill, S. 3146, calls for tax deductions for private landowners who assist in species recovery. The bill would create habitat protection easement credits and habitat restoration credits fairly compensating landowners who provide conservation easements and assist with species recovery. “These people are in the best position to help the vast percentages of threatened and endangered species that live on private lands,” Crapo said.

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The International Code Council, a membership association dedicated to building safety, fire prevention and energy efficiency, announced last month the release of the International Green Construction Code (IGCC) – a regulatory framework for construction of new and existing commercial buildings aimed to reduce energy usage and greenhouse gases.

Developed in partnership with the American Institute of Architects (AIA) and ASTM International, the IGCC initiative aims to contribute to a more sustainable built environment by supporting improvements in indoor air quality and the use of renewable energy systems, energy-efficient appliances, and water conservations efforts.  The IGCC also emphasizes building performance by requiring building owner education to ensure best energy efficiency practices.  The new code also features “jurisdictional electives” which allow for code customization to address local priorities and features.

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The U.S. Environmental Protection Agency (EPA) announced  its plan to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals.  Established as part of the Emergency Planning and Community Right to Know Act (EPCRA), TRI is a public database containing information on toxic chemical releases and waste management.  The TRI contains information on nearly 650 chemicals and chemical groups from thousands of industrial facilities in the U.S.

Based on a review of available studies, EPA has concluded that the chemicals to be added to the TRI could cause cancer in people. The purpose of the proposed addition to the TRI is to inform the public about chemical releases in their communities and to provide the government with information for research and potential development of regulations.

Four of the chemicals being proposed for addition to the TRI fall under the polycyclic aromatic compounds (PACs) category.  This category includes chemicals that are persistent, bioaccumulative, toxic (PBT) and are likely to remain in the environment for a long time. According to EPA, these chemicals are not readily destroyed and may build up or accumulate in body tissue.

EPA will accept public comments up until 60 days after the proposal appears in the Federal Register.

On Saturday, March 27, 2010, Utah governor Gary Herbert signed into law a pair of bills authorizing the use of eminent domain to seize some of the federal government’s most valuable land in the state.

In Utah, where the U.S. government owns more than 60% of the land, such a move could see the state realize millions of dollars if it is successful.

Supporters are hopeful that passage of the bills will trigger a flood of similar legislation throughout the West, an area where lawmakers claim that federal land ownership hinders economic development and restricts states’ abilities to generate tax revenue to adequately fund public schools.  Attorneys for the state’s legislators admit that another goal of the legislation is to spark a U.S. Supreme Court battle that they admit has little chance of success.

Utah plans to target three areas, including the Kaiparowits plateau in Grand Staircase-Escalante National Monument, which is home to large coal reserves.  The state could also invoke eminent domain on parcels of land where Interior Secretary Ken Salazar last year scrapped 77 oil and gas leases around national parks and wild areas.

The reduction of greenhouse gases from international shipping was a major focus for the Marine Environment Protection Committee of the International Maritime Organization (IMO), when the group met last week in London.

In light of the outcome of the United Nations Climate Change Conference held in Copenhagen in December 2009, the IMO recently adopted a proposal creating a North American “Emissions Control Area” (ECA) extending 200 nautical miles from the coasts of the U.S. and Canada.

Under the plan, large ships traveling in the ECA must phase in the use of cleaner fuel and technology. By 2016, new ships will be required to use advanced emissions control systems. (more…)