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LEGAL
SCENE |
Green
Breather |
The state government banned vehicles more than 15
years old from plying in Kolkata under Motor veichles
Act. However, it was challenged by bus operators and
the government lost the case before a single Bench.
The case is now pending with a division Bench. The
verdict will decide the fate of pre-1993 commercial
vehicles.
A high court directive passed under the Environmental
Protection Act 1986 has now asked vehicles 15 years
to stop plying in Kolkata by June 30.
Environmentalists and officials are happy on this
directive by high court. S S Bala, regional incharge
of the CPCB said, "First, the phase-out will
be staggered and it could be six months before we
can replace 30,000 two-stroke autos with LPG ones.
Then, there are sources like the buses and taxis that
will ply till March-end. We must also factor in environmental
vagaries. Withdrawing autos can lower pollution more
dramatically in a city like Mumbai than Kolkata. Air
flow is less in our city and humidity higher. So,
we might have to wait a little longer, but the impact
will be significant. It can’t be disputed that
this is a big step.”
A K Ghosh, director of the Centre for Environment
and Development, commented that it was not clear if
enough LPG vehicles would be available in next few
months. He said, “These troubles will persist
for some more months. But they can’t derail
the process. More than 80% of the polluting vehicles
would be bowing out by the end of 2009, From the very
beginning, there has been lack of sincerity. The HC
verdict will help the people of Kolkata to breath
fresh again."
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(The Times of India, Jan 10, 2009)
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Mercury
Emissions Rules |
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The US Environmental Protection Agency (EPA) had passed
regulation in Pennsylvania limiting mercury emissions
from power plants. However, these were challenged
in court by PPL Generations LLC, and were overturned
by the federal court, ordering the EPA to write new
ones. Last week, the new EPA administration issued
a memo saying it would. But Pennsylvania elected not
to participate in the federal program and passed stricter
regulations.
On 30th January, a Commonwealth Court judge ruled
that Pennsylvania’s rule limiting mercury emissions
from power plants was “unlawful, invalid and
unenforceable.”
The decision was criticized by environmentalists saying
it denied the state children protection from toxic
mercury pollution.
However, the spokesman for PPL Generation LLC, the
Allentown utility that filed suit against the state,
said the company was pleased to get “clarity”
about regulations. PPL has invested $1.5 billion in
control technology at its two Pennsylvania plants,
said spokesman George Lewis. The state’s rules
would have required additional “tens of millions,
perhaps hundreds of millions,” of dollars. |
(printthis.clickablility.com, Jan 31, 2009)
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Warming
Lawsuit |
| Export-Import
Bank of US and Overseas Private Investment Corporation
provided more than $32 billion in financing and insurance
to fossil fuel projects over 10 years without assessing
whether the projects contributed to global warming
or impacted the US environment, as they were required
to do under the National Environmental Policy Act
(NEPA).
Two environmentalist NGOs filed suit in court in 2004
alleging fossil fuel projects financed by the two
agencies from 1990 to 2003 produced cumulative emissions
that were equivalent to nearly 8% of the world’s
annual carbon dioxide emissions, or nearly one-third
of annual US emissions in 2003. In August 2005, a
federal judge found that the US cities suffering economic
and other damages from climate change had standing
to sue under NEPA, opening up the courthouse doors
for the first time to those injured by climate change.
As per the settlement made by the companies, the Export-Import
Bank will begin taking carbon dioxide emissions into
account in evaluating fossil fuel projects and create
an organization- wide carbon policy. The Overseas
Private Investment Corporation will establish a goal
of reducing greenhouse gas emissions associated with
projects by 20% over the next ten years. Both agencies
will commit to increasing financing for renewable
energy.
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(Environmental
News Network, Feb 10, 2009)
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Washington
to Sue Fed Government |
Hanford
site was created in 1940 as part of the top-secret
Manhattan Project to build the atomic bomb. Today,
it is the nation’s most contaminated nuclear
site, with clean-up costs expected to top $60 billion.
Talks to clean up the site were continued from last
18 months. However, since these negotiations failed
to bring two sides to an agreement, the Washington
state is now suing the federal government to seek
a faster clean-up of the site.
Governor of Washington state Chris Gregoire said
“In Washington state, we have been patient.
In Washington state, we have been reasonable. And
today, our patience has simply run out. They were
steadfast on putting us in a legal position that
is not good for the people of this community.”
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(US
Water News Online, Dec 2008) |
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