Contents:

1) Legislative Watch
2) About Our Bulletins/How to Subscribe & Unsubscribe
3) About NRDC/How to Contact Us

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1) LEGISLATIVE WATCH

This is a status report on congressional action on the environment.
To make new or updated sections easy to find, we've highlighted them
with:
= N O T E ! =

10/23/02

After passing a resolution to fund the government until 11/22,
senators and representatives headed home for the November 5
elections. Key bills to be addressed when Congress reconvenes for
a "lame duck" session in mid-November include 11 of the 13
appropriations bills, the floundering energy bill, and legislation to
create a homeland security department.

The next edition of Legislative Watch will be published the week of
November 18th.

...

Budget/Appropriations

= N O T E ! =
On 10/16, the House and Senate approved the fourth in a series of
continuing resolutions, the stopgap funding measures that keep the
government operating at current funding levels until stalled
appropriations bills are passed (this latest continuing resolution
funds the government until November 22nd). Congress will attempt to
pass the 11 remaining funding bills when it returns after the
elections. Environmentalists are concerned that provisions to weaken
fisheries protections or allow logging of forests under the guise of
wildfire protection could be added as last-minute "riders" to these
bills.

= N O T E ! =
Also on 10/16, the Senate approved the final appropriations bill for
the Department of Defense (H.R. 5010). The House approved the bill on
10/10. The bill will provide the DoD with $4.1 billion for
environmental programs, including $152 million for conservation, $247
million for pollution prevention, and $246 million for cleaning up
contamination at old military sites.

On 10/9, the House Appropriations Committee approved an $8.2 billion
Environmental Protection Agency funding bill after rejecting an
amendment by Rep. Hinchey (D-NY) that would have fully restored
environmental enforcement funding. For the last two years, the Bush
administration has proposed budget cuts that would eliminate over 200
full-time EPA inspectors and enforcement officers. The bill would
provide funding well above the Bush administration's requests for
improvements to water treatment and sewage treatment systems, and for
cleaning up the most contaminated abandoned toxic waste sites. The
bill, however, still contains provisions that could be used to delay
clean-up of the second largest toxic waste site in the country
(Idaho's Bunker Hill Superfund site), undermine the EPA's ability to
ensure safe food, and hamper the EPA in attempts to reduce public
exposure to dioxin. On 7/25, the Senate Appropriations Committee
approved its version of the EPA funding bill (S. 2797), which also
would significantly increase funding for the EPA over the
administration's request, and ensure funding increases for water
quality programs, toxic waste site clean-ups, and enforcement. The
Senate bill also would ensure sufficient funding for the EPA to
continue its pesticide regulation work.

With no progress since 9/25, the Senate has all but abandoned efforts
to approve its version of the Department of Interior's funding bill
(H.R. 5093). The sticking point is an amendment offered by Sen. Craig
(R-ID) that, under the guise of fighting wildfires, would bypass
federal laws for environmental review and public participation when
approving logging projects in national forests. The bill also
includes prohibitions on federal funding for development of 36
California offshore drilling sites and an environmentally harmful
gold mine on California public land that local Quechan Indians
consider sacred. The bill would also speed up work on Everglades
restoration efforts. Both the House version of the bill, which passed
on 7/17, and the Senate bill contain language that would expand
damaging grazing practices on federal public lands.

On 9/5, the House Appropriations Committee approved a $26 billion
FY '03 energy and water spending bill (H.R. 5431) that would increase
funding above the administration's request for both renewable energy
programs (supported by environmentalists) and for nuclear energy
programs and water infrastructure projects (opposed by environmental
groups). The bill includes a provision that would block the best
option for restoring endangered Coho salmon by preventing the partial
demolition of the Elk Creek Dam in Oregon (the dam now prevents
salmon from swimming upstream to spawn). The bill also would cut
funding for a number of important restoration projects in the
Everglades, the lower Columbia River and estuary, and the upper
Mississippi River. The Senate Appropriations Committee passed its
version of the bill (S. 2784) on 7/24.

On 8/2, President Bush signed a nearly $29 billion supplemental
spending bill for FY '02, which consists primarily of new funds for
homeland security. The final version of the bill does not include
language offered by Rep. Kolbe (R-AZ) in the House bill that would
have exempted the Department of Defense from the Endangered Species
Act in certain instances. The bill, however, does include a provision
offered by Sen. Daschle (D-SD) that waives environmental review of
logging activities on public lands in South Dakota. Although it is
narrowly tailored, environmentalists opposed this provision.

On 7/25, the Senate Appropriations Committee approved the agriculture
spending bill (S. 2801). The House Appropriations Committee approved
its version of the bill (H.R. 5263) on 7/11. The bill would restore
funding for watershed protection initiatives that was cut in
President Bush's budget request, but would limit a new program that
would pay farmers for implementing conservation practices and setting
up wetlands reserves.

On 7/18, the Senate Appropriations Committee approved a bill to fund
the Department of Commerce and other agencies (S. 2778). The bill
includes funding for the National Oceanic and Atmospheric
Administration's ocean and coastal conservation activities, but
environmentalists note that the bill does not adequately fund NOAA's
fisheries management and coastal runoff programs.

Also on 7/18, the Senate Appropriations Committee approved the budget
for federal foreign operations (S. 2779), which includes solid
funding levels for biodiversity, tropical rainforest conservation,
and renewable energy programs in developing countries.

See NRDC's analysis of the Bush budget: http://www.nrdc.org/legislation/abudget03.asp

For a step-by-step guide to our annual odyssey through resolutions,
reconciliations and appropriations, see NRDC's budget process fact
sheet. http://www.nrdc.org/legislation/fbudg.asp

...

Air, Energy, and Climate

= N O T E ! =
Conference committee negotiations on the energy bill ground to a halt
last week, but work on the bill could continue during the lame duck
session. Sen. Murkowski (R-AK) admitted that the final version of the
energy bill will not include a provision allowing drilling in the
Arctic National Wildlife Refuge, but other major sticking points
remain, including electricity restructuring, liability relief in
instances when fuel additives contaminate drinking water, the size of
tax breaks for energy companies, and whether to require companies to
report global warming emissions. If a bill isn't passed this year,
energy issues may be revisited during the 108th Congress.

= N O T E ! =
On 10/17, Sen. Carper (D-DE) and Sen. Breaux (D-LA) introduced a bill
(S. 3135) that would mandate cuts in the pollutants that cause smog,
haze, toxic contamination, and global warming. Although the bill's
introduction demonstrates growing agreement in Congress, and within
the power industry, on the need for comprehensive power plant
pollution control legislation, this bill would allow power companies
to meet their obligations without actually cutting their carbon
dioxide emissions. The bill also would seriously weaken existing
Clean Air Act protections for local air quality, and is substantially
weaker than a similar bill (S. 556) introduced by Sen. Jeffords (I-
VT).

On 9/25, the EPA and the Department of Energy agreed to turn over to
Sen. Jeffords (I-VT), chairman of the Senate Environment and Public
Works Committee, documents related to the Bush administration's
decision to ease regulations on power plants under the Clean Air
Act's New Source Review program after the committee announced it
would subpoena agency heads to appear before it unless the documents
were produced. Sen. Jeffords wants to examine the administration's
documents concerning the public health and environmental impacts of
the rule changes. Administration officials pledged to provide the
requested documents by 10/24.

On 9/19, Senate Majority Leader Daschle (D-SD) announced that he
intends to make legislation to reduce emissions of four major
pollutants from power plants, including carbon dioxide, a high
priority in the next congressional session. On 6/27, the Senate
Environment and Public Works Committee approved S. 556, a bill co-
authored by committee chair Sen. Jeffords (I-VT) and Sen. Lieberman
(D-CT) that seeks to accomplish this goal by imposing mandatory cuts
in carbon dioxide, sulfur dioxide, nitrogen oxide, and mercury
emissions. No action has been taken on the House companion bill (H.R.
1256), which was introduced on 3/27/01 by Rep. Waxman (D-CA) and Rep.
Boehlert (R-NY). The Bush administration opposes regulating carbon
dioxide emissions, arguing that the costs on the economy would be too
high.

On 7/29, the Bush administration's plan for regulating pollution from
power plants (the "Clear Skies Initiative") was introduced in the
House (H.R. 5266) by Rep. Barton (R-TX) and Rep. Tauzin (R-LA), and
in the Senate (S. 2815) by Sen. Smith (R-NH). The bill would set
significantly weaker limits for several key pollutants than S. 556
(see above). Unlike S. 556, the administration's bill ignores carbon
dioxide emissions, which are largely responsible for global warming.
The bill also would repeal and weaken current safeguards for meeting
public health standards, protecting local air quality, curbing
pollution from upwind to downwind states, and protecting national
parks.

NRDC has detailed an energy policy that would provide a secure energy
future without destroying wilderness or rolling back environmental
safeguards in reports including Dangerous Addiction: Ending America's
Oil Dependence
(http://www.nrdc.org/air/transportation/oilsecurity/securityinx.asp)
and A Responsible Energy Policy for the 21st Century
(http://www.nrdc.org/air/energy/rep/repinx.asp).

...

Clean Water

= N O T E ! =
On 10/17, the Senate approved a House bill (H.R. 1070) drafted by
Rep. Ehlers (R-MI) that would authorize up to $250 million for
cleaning up PCB, dioxin, and mercury contamination from more than two
dozen industrial sites in the Great Lakes region. The Senate added
language authorizing funding for an EPA program addressing polluted
stormwater runoff and as well as a provision, authored by Sen.
Jeffords, that would provide $55 million over five years for
restoration efforts at Lake Champlain. The House must now approve the
Senate's changes.

On 10/7, the House leadership attempted to bring the $3.6 billion
Water Resources Development Act (H.R. 5428) to the floor for a vote
without allowing debate or amendments, but members on both sides of
the aisle, led by Reps. Gilchrest (R-MD), Oberstar (D-MN), and
Blumenauer (D-OR), opposed efforts to limit amendments. The bill
contains authorizations for water infrastructure projects in more
than 200 congressional districts. Several lawmakers were hoping to
offer amendments to reform the Army Corp of Engineers' management
structure in ways to ensure that the projects conducted by the Corps
are more fiscally and environmentally sound.

On 9/24, Rep. Calvert (R-CA) attempted unsuccessfully to bring his
CALFED funding bill (H.R. 3208) to the House floor. (CALFED is a
federal and state partnership in California that provides water for
urban and agricultural users as well as for wildlife and habitat
restoration.) The bill would allow the construction of new dams in
California without adequate review and could give agricultural water
users priority over the environment. On 6/5, the Senate Energy and
Natural Resources Committee approved Sen. Boxer's (D-CA) and Sen.
Feinstein's (D-CA) bill to reauthorize CALFED (S. 1768) after
approving an amendment to limit the program's duration and level of
funding. On 5/2, Rep. Tauscher (D-CA) and Rep. Napolitano (D-CA)
introduced a similar bill (H.R. 4657) in the House.

...

Forests

On 10/8, the House Resources Committee approved, by a vote of 23-14,
the Healthy Forests Reform Act (H.R. 5319), introduced by Rep.
McInnis (R-CO) and Rep. Walden (R-OR). Environmental groups oppose
this "forest thinning" bill, because it uses the threat of wildfire
as an excuse to increase logging on public lands while restricting
both review of the environmental impacts of logging and the public's
right to participate in the review process. Environmentalists fear
that weakening the environmental review process would allow a
substantial increase in commercial logging in some of the wildest
areas of our national forests, while failing to help protect homes or
communities.

On 7/25, Sens. Cantwell (D-WA), Warner (R-VA), and Chafee (R-RI),
among others, introduced a bipartisan bill to permanently protect our
remaining wild national forests from roadbuilding and logging (S.
2790). On 6/5, Rep. Inslee (D-WA) introduced H.R. 4865, similar
legislation that also would protect wild forests.

...

International Environmental Protections

On 8/6, President Bush signed H.R. 3009, legislation granting him new
trade negotiation authority (called "fast track"). The Senate passed
the bill by a vote of 64-34 on 8/1; the House approved the bill, 215-
212, on 7/27. Environmental groups oppose "fast-track" authority
legislation because it contains weak environmental standards and
safeguards and inadequate protection for international environmental
agreements.

...

Public Health

= N O T E ! =
On 10/17, the Senate again failed to pass its version of the Homeland
Security Act (S. 2452) before recessing. Democrats and Republicans
blamed each other for the stalemate and pledged to make passage of
homeland security legislation a priority during the lame duck
session. Environmentalists are still holding out hope that Sen.
Corzine (D-NJ) will offer his Chemical Security Act (S. 1602) --
which unanimously passed the Senate Environment and Public Works
Committee in July -- as an amendment to the homeland security bill.
Sen. Corzine's bill would require a safety assessment for many of the
nation's 15,000 chemical facilities and establish guidelines to
reduce the risk of exposure to hazardous substances as a result of
terrorist attacks. The chemical industry continues its aggressive
lobbying against passage of S. 1602, arguing that government
oversight would hinder the voluntary steps already being taken by
some companies. The Bush administration has announced plans to offer
its own legislative proposal to address chemical security.

On 10/7, the House passed the Wastewater Treatment Works Security Act
(H.R. 5169) by voice vote. The bill would authorize $200 million in
grants to the EPA for determining how vulnerable publicly owned water
treatment facilities are to attack and proposing measures to enhance
their security. The bill also would provide $20 million for technical
assistance to smaller drinking water treatment facilities. Sen.
Jeffords (I-VT) has introduced companion legislation (S. 3037) in the
Senate.

On 9/5, the Senate passed a bill (S. 351), introduced by Sen. Collins
(R-ME) and Sen. Kerry (D-MA), that would ban the sale of mercury
thermometers and provide grants for a thermometer exchange program.
Mercury is a dangerous neurotoxin that causes brain damage and
developmental disabilities.

...

Public Lands

= N O T E ! =
Action on a comprehensive House package (H.R. 5569), which contains
more than 130 different public lands and natural resources bills, was
delayed as members began to raise concerns about some of its
provisions. The sponsors of these bills, Rep. Hansen (R-UT) and Rep.
Rahall (D-WV), had hoped to rush the package to the House floor for a
vote even though the House Resources Committee did not act on it.

...

Smart Growth

On 10/8, the House Highways and Transit Subcommittee held a hearing
on H.R. 5455, a bill introduced by Rep. Young (R-AK), chairman of the
Transportation Committee. The bill would undermine current
environmental law by requiring federal agencies to expedite
environmental reviews for transportation projects and limiting public
participation in key decisions affecting local communities.

...

Wilderness and Wildlife Protection

= N O T E ! =
On 10/17, the Senate approved a House bill (H.R. 5200), introduced by
Rep. Gibbons (R-NV), that would create nearly half a million new
acres of wilderness in fast-growing Clark County, Nevada, which
includes Las Vegas. The House passed the bill on 10/8. The bill now
awaits President Bush's signature.

A House-Senate conference committee is still working to resolve
differences in the Defense Department authorization bill. The House
version of the bill (H.R. 4546) includes exemptions from the
Endangered Species Act and the Migratory Bird Treaty Act requested by
the Department of Defense, and also would reduce protections for Utah
wildlands. These provisions are not included in the Senate version of
the bill (S. 2514).

On 7/10, along a nearly party line vote, the House Resources
Committee approved H.R. 4840, a bill introduced by Rep. Hansen (R-UT)
that would require additional scrutiny of data when extending extra
protection to an endangered species, but not when withholding extra
protection. Environmentalists oppose the bill, along with two others
(Rep. Pombo's (R-CA) H.R. 3705 and Rep. Walden's (R-OR) H.R. 2829)
that would modify the Endangered Species Act, making it harder for
the government to protect endangered and threatened species. These
bills would impose a higher burden on federal agencies to obtain
additional scientific information on species and mandate additional
review of that data, resulting in delay and additional hurdles before
protections could be put in place.

...

For information on the environmental voting records of members of
Congress, see the League of Conservation Voter's National
Environmental Scorecards at http://www.lcv.org/scorecard/index.asp

...........

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...........

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