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Court rules for environmentalists in water fight
Environmental | 2014/04/17 13:31
An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.

The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.

"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.

Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta.


State appeals court rejects power plant approval
Environmental | 2014/02/10 13:44
A state appeals court has rejected approval of Pacific Gas and Electric Co.'s planned new natural gas power plant in Contra Costa County.

The 1st District Court of Appeal in San Francisco said the California Public Utilities Commission approved the plant in Oakley without hearing firsthand from anyone that it was needed.

The court issued its 3-0 ruling on Wednesday. The Contra Costa Times reports (http://bit.ly/1e9Ew76) that the court has previously also turned back the commission's approval of the plant.

PG&E spokeswoman Tamar Sarkissian told the newspaper the utility was carefully reviewing the court's ruling.

Supporters say California needs more energy production, and the 586-megawatt plant would help.

Opponents say the state should be moving away from fossil fuels to other, cleaner energy sources.


Judge finds Citgo guilty of Clean Air Act felonies
Environmental | 2014/02/06 15:21
A South Texas judge has fined Citgo Petroleum more than $2 million after finding it guilty of felony violations of the U.S. Clean Air Act by its Corpus Christi refinery.

U.S. District Judge John Rainey handed down his verdict and punishment Wednesday in Corpus Christi.

Dozens of residents near Citgo's Corpus Christi refinery testified that they were sickened by pollution from the refinery. The Corpus Christi Caller-Times reports prosecutors accused the Venezuelan-owned company of not installing roofs on two oil-water separator tanks the company operated between 1994 and 2003.

Dick DeGuerin of Houston, who represented Citgo, said the company will appeal the conviction.

Melissa Jarrell, a Texas A&M-Corpus Christi associate criminal justice professor, predicted the verdict could prompt other air pollution victims to seek similar prosecutions elsewhere.


Groups seek judge's removal from drilling case
Environmental | 2010/08/03 06:11

Several environmental groups have asked a federal appeals court to disqualify a judge from a lawsuit over the Obama administration's initial six-month moratorium on deep-water oil drilling.

U.S. District Judge Martin Feldman overturned the temporary drilling ban in June and refused last month to withdraw from the case.

In a court filing Thursday, environmental groups supporting the moratorium asked the 5th U.S. Circuit Court of Appeals to remove Feldman from the case because of his investments in several oil and gas companies. Feldman says he learned he owned Exxon Mobil stock a day before he ruled and sold it several hours before he issued the decision.

Last month, a 5th Circuit panel rejected the government's bid to restore its six-month ban on issuing new permits for deep-water drilling and suspension of 33 existing drilling projects in the Gulf of Mexico.



BP wasted no time preparing for oil spill lawsuits
Environmental | 2010/07/05 05:44

In the immediate aftermath of the Deepwater Horizon disaster in the Gulf of Mexico, BP publicly touted its expert oil clean-up response, but it quietly girded for a legal fight that could soon embroil hundreds of attorneys, span five states and last more than a decade.

BP swiftly signed up experts who otherwise would work for plaintiffs. It shopped for top-notch legal teams. It presented volunteers, fishermen and potential workers with waivers, hoping they would sign away some of their right to sue.

Recently, BP announced it would create a $20 billion victim-assistance fund, which could reduce court challenges.

Robert J. McKee, an attorney with the Fort Lauderdale, Fla., firm of Krupnick Campbell Malone, was surprised by how quickly BP hired scientists and laboratories specializing in the collection and analysis of air, sea, marsh and beach samples - evidence that's crucial to proving damages in pollution cases.

Five days after the April 20 blowout, McKee said, he tried to hire a scientist who's assisted him in an ongoing 16-year environmental lawsuit in Ecuador involving Dupont.



BP says it will pay for Gulf spill's cleanup
Environmental | 2010/05/03 08:12

BP PLC said Monday that it will pay for all the cleanup costs from a massive oil spill in the Gulf of Mexico that could continue spewing crude for at least another week.

The company posted a fact sheet on its Web site saying it took responsibility for the response to the Deepwater Horizon spill and would pay compensation for legitimate claims for property damage, personal injury and commercial losses.

"We are responsible, not for the accident, but we are responsible for the oil and for dealing with it and cleaning the situation up," chief executive Tony Hayward said Monday on ABC's "Good Morning America." He said the equipment that failed on the rig and led to the spill belonged to owner Transocean Ltd., not BP, which operated the rig.

Meanwhile, Hayward said chemical dispersants seem to be having a significant impact keeping oil from flowing to the surface, though he did not elaborate.

The update on the dispersants came as BP was preparing a system never tried nearly a mile under water to siphon away the geyser of crude from a blown-out well a mile underwater. However, the plan to lower 74-ton, concrete-and-metal boxes being built to capture the oil and siphon it to a barge waiting at the surface will need at least another six to eight days to get it in place.



Dentist pleads guilty to dumping waste in NJ ocean
Environmental | 2010/03/15 07:32
A Pennsylvania dentist has pleaded guilty to dumping medical waste into the ocean, causing numerous beach closures in New Jersey.

Thomas McFarland had unsuccessfully sought to enter a pretrial intervention program that would have spared him a criminal record.

Under terms of a plea agreement, the state will recommend the 61-year-old be sentenced to one year of probation and be ordered to pay the seaside town of Avalon $100,000 to offset cleanup costs.

McFarland admitted dumping hypodermic needles, cotton swabs and other medical waste into an inlet just before Labor Day weekend in 2008.

His lawyer says the dentist was distraught to the point of mental illness over his wife's lung cancer, and appeared to be acting out in "a cry for help."



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