ENVIRONMENT AUDIT
March 2009
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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."

(The Times of India, Jan 10, 2009)
Mercury Emissions Rules

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)
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.

(Environmental News Network, Feb 10, 2009)
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.”

(US Water News Online, Dec 2008)