Wednesday, July 8, 2015

News Clippings 7.8.15

State
Miss. AG joins lawsuit against EPA, Army Corps of Engineers
AP


Mississippi has joined in a lawsuit challenging a rule that gives
federal agencies authority to protect some streams, tributaries and
wetlands under the Clean Water Act.


http://www.clarionledger.com/story/news/2015/07/07/epa-corps-of-engineers-lawsuit/29813319/



Regulators order end to Kemper rate increase, plan refunds
AP


Regulators on Tuesday ordered Mississippi Power Co. to lower rates
later this month and plan for customer refunds by November.


http://www.clarionledger.com/story/business/2015/07/07/kemper-refunds/29827137/





94-year-old Jackson resident speaks out about alleged 7-month sewage
problem

WJTV


One homeowner is speaking out after repeatedly reporting a recurring sewage
problem at his house on Oakley Drive.


http://wjtv.com/2015/07/07/94-year-old-jackson-resident-speaks-out-about-alleged-7-month-sewage-problem/





City takes first step to condemn Kuhn Hospital


Vicksburg Post



City officials and investors involved with the old Kuhn Hospital building
will meet Aug. 24 to discuss the abandoned building's future.


…Previous attempts to take the building down have been prevented because it
has asbestos, and state Department of Environmental Quality regulations
require the city to have an asbestos assessment of the building before it
can begin steps to raze it.


http://www.vicksburgpost.com/2015/07/07/city-takes-first-step-to-condemn-kuhn-hospital/


State agencies ordered to plan for massive cuts
Clarion Ledger


Lawmakers on Tuesday ordered state agency leaders to draft plans for
major cuts to their budgets, in the event a ballot initiative to
force full funding of the state's education formula passes in
November.


http://www.clarionledger.com/story/news/politics/2015/07/07/agency-cuts-education/29814897/





Oil Spill


Biloxi settles with BP for $4.9 million
BY MARY PEREZ
Sun Herald




BILOXI -- The City Council on Tuesday night voted 6-0 to accept a
settlement from BP for $4,943,751 to settle the city's claims for damages
from the Deepwater Horizon oil spill in 2010.
http://www.sunherald.com/2015/07/07/6311802_biloxi-settles-with-bp-for-49.html?rh=1


Biloxi accepts $4.9M BP settlement




WLOX




In just about a month, the City of Biloxi will receive nearly $5 million
from BP as part of a group settlement of local government claims for
economic losses caused by the 2010 BP Oil Spill.
http://www.wlox.com/story/29496604/biloxi-accepts-49m-bp-settlement


Is BP's $18.7 billion oil spill settlement tax deductible? Deal could save
BP billions, group says
Al.com


Dennis Pillion


July 07, 2015 at 11:05 AM


BP agreed to a landmark $18.7 billion settlement last week resolving claims
from the 2010 Deepwater Horizon oil spill, but one research group says that
tax deductions could take the sting out of BP's payments and force U.S.
taxpayers to pick up the slack.


http://www.al.com/news/index.ssf/2015/07/is_bps_187_billion_settlement.html





Regional


Judge refuses to toss lawsuit over decade-old Gulf oil leak
AP



BATON ROUGE, La. (AP) — A federal judge has refused to dismiss a lawsuit
that environmental groups filed against a New Orleans-based company
responsible for a decade-old oil leak in the Gulf of Mexico.

http://www.wtva.com/news/local/story/Judge-refuses-to-toss-lawsuit-over-decade-old/Co7ID-vA3Uq2UPqSsIpbnQ.cspx





National


EPA Head Sees Limited Impact From Supreme Court Mercury Decision
Bloomberg


Last week's U.S. Supreme Court ruling against a plan to cut mercury
pollution will have only limited impact as utilities are already moving to
comply, the Environmental Protection Agency head said Tuesday.
http://www.bloomberg.com/news/articles/2015-07-07/epa-head-sees-limited-impact-from-supreme-court-mercury-decision





Supreme Court defeat won't hinder climate push, says EPA chief
The Hill




The head of the Environmental Protection Agency remains confident on the
legality of the Obama administration's environmental agenda despite a
Supreme Court ruling against a major EPA regulation.
http://thehill.com/policy/energy-environment/247049-epa-head-confident-after-supreme-court-loss





Businesses flock to White House in bid to shape power plant regs
The Hill




Energy companies and industry groups are flocking to the White House in a
last-ditch effort to convince the Obama administration to change its
forthcoming carbon emission regulations for existing power plants.
http://thehill.com/policy/energy-environment/247158-businesses-flock-to-white-house-in-bid-to-shape-power-plant-regs





Obama officials bash EPA spending bill
The Hill




Two top Obama administration officials Tuesday lambasted House Republicans
for a bill they say would have "far-reaching consequences" for federal
environmental protections.
http://thehill.com/policy/energy-environment/247126-obama-officials-blast-house-epa-spending-bill





US poultry industry devastated by bird flu
The Hill




The United States has faced the largest animal health emergency in its
history, an Agriculture Department administrator said Tuesday.




http://thehill.com/regulation/247106-us-poultry-industry-devastated-by-bird-flu-outbreak





Methane emissions underestimated by EPA, study says

Dallas Morning News




Methane emissions from natural gas operations in North Texas' Barnett Shale
are 50 percent higher than estimates by the federal government would
indicate, according to a series of studies published Tuesday in the
scientific journal Environmental Science & Technology.
http://www.dallasnews.com/business/energy/20150707-methane-emissions-underestimated-by-epa-study-says.ece





Opinion


BP Deal Will Lead to a Cleaner Gulf

NY Times


Though no amount of money can ever compensate for the
staggering damage caused by the 2010 BP oil spill, last
week's provisional $18.7 billionsettlement among five
states, the federal government and the company will help
make amends for one of the worst environmental disasters
in American history.


http://www.nytimes.com/2015/07/08/opinion/bp-deal-will-lead-to-a-cleaner-gulf.html?_r=0





The impact of a rogue EPA

By Steve Forbes
The Hill




With only nineteen months left in office, time is running out for President
Obama to pursue his sweeping and destructive environmental goals. But he is
determined to make the most of this time.
http://thehill.com/blogs/congress-blog/energy-environment/246953-the-impact-of-a-rogue-epa





Press Releases





Attorney General Jim Hood has joined in a lawsuit against the Environmental
Protection Agency and the United States Army Corps of Engineers
Challenging the legality of their new rule defining "Waters of the United
States"
under the Clean Water Act


Jackson, MS- Attorney General Jim Hood has joined Texas Attorney General
Ken Paxton and Louisiana Attorney General James D. "Buddy" Caldwell in a
lawsuit against the Environmental Protection Agency (EPA) and the United
States Army Corps of Engineers (the Corps) challenging the legality of
their new rule defining "waters of the United States" under the Clean Water
Act (CWA).

Currently, the CWA gives the federal government limited authority to
regulate the discharge of certain materials into "navigable waters," which
is defined as "the waters of the United States, including the territorial
seas."

Attorney General Jim Hood stated, "The new rule has the potential of
shifting primary regulatory responsibility over traditional state lands and
waters from the states to the federal government. It gives unlawful federal
power over the states, their citizens and property owners."

The States of Mississippi, Texas, and Louisiana seek a declaration from the
federal district court that the rule exceeds CWA authority and is not in
accordance with the law.

The new EPA/Corps rule redefines "waters of the United States" expanding
CWA jurisdiction by an estimated 4.65 percent. The rule purports to
clarify the meaning of "waters of the United states." However, in effect,
the new rule broadly increases federal authority, decreases state control,
and subjects broad categories of water features to federal regulation. For
example, the rule's definition of "tributaries" is broad enough to include
dry ponds, ephemeral streams, intermittent channels, and ditches so long as
these features are "characterized by the presence of the physical
indicators of a bed and bank and an ordinary high water mark."

Attorney General Jim Hood concluded, "the rule's broad definitions and
complicated standards make it unrealistic to expect that the rule will be
applied consistently across the nation. The resulting expansion of federal
authority will require the states to establish water quality standards for
miles of newly regulated waters, and force state agencies to devote more
resources to permitting activities. Landowners, farmers in particular, will
have to seek permits or face substantial fines and criminal enforcement
actions."

This litigation is not the first time in which the Mississippi Attorney
General's Office has participated in lawsuits challenging regulatory
actions taken by the current EPA administration.
• In 2012, the Mississippi Attorney General's Office joined other states
in challenging the EPA's new Clean Air Act regulations. On June 29, 2015,
the United States Supreme Court agreed with the position advocated by
Mississippi and other states by finding that the EPA interpreted the Clean
Air Act unreasonably when it deemed cost irrelevant to the decision to
issue new regulations. See State of Michigan, et al. v. United States
Environmental Protection Agency, - U.S. -, 135 S.Ct. 1541, 191 L.Ed.2d 558
(2014).
• In 2008 the Mississippi Attorney General's Office filed suit
challenging the EPA's primary and secondary National Ambient Air Quality
Standards for ozone. See Mississippi v. E.P.A., 744 F.3d 1334, 1341 (D.C.
Cir. 2013).

Attorney General Hood will continue to advocate on behalf of Mississippi
citizens against federal overreach.





MISSISSIPPI UPPER Black Creek Watershed Third SIGNUP ANNOUNCED


Jackson, Miss. – The United States Department of Agriculture/Natural
Resources Conservation Service (NRCS) is again accepting applications for
the Upper Black Creek Watershed Initiative through the Environmental
Quality Incentives Program (EQIP). The NRCS and the United States Forest
Service (USFS) are partnering to improve the health and resiliency of the
forest ecosystems where public and private lands meet.

The Upper Black Creek Watershed Initiative project is part of the Joint
Landscape Restoration partnership investing $1.76 million in Mississippi to
help mitigate wildfire threats to communities and landowners. The project
will also assist to improve wildlife habitat for at-risk species and
protect water quality and supply throughout the area.

Some of the most popular conservation practices are tree planting, forest
site preparation, prescribed burning, grazing land practices and herbaceous
weed control for cogongrass. There are also opportunities for forest
landowners to receive financial assistance with forest management plan
development.

The Mississippi counties that are eligible include all or parts of the
following counties: Jefferson Davis, Marion, Lamar, Forrest, Perry, Pearl
River, Stone, George and Jackson.

"NRCS is proud to partner with the USFS to provide financial assistance to
eligible landowners and operators to address the resource concerns in the
Upper Black Creek Watershed," stated Kurt Readus, state conservationist for
Mississippi. "The funding for FY 2015 is in addition to the $1.03 million
we received in FY 2014."

Landowners and producers interested in participating in the Upper Black
Creek Watershed Initiative may apply at their local USDA Service Center /
NRCS office. NRCS financial-assistance programs offer a continuous
sign-up, however applications received by August 7, 2015 will be considered
for funding.

For additional information on the 2015 Upper Black Creek Watershed program,
visit the Mississippi NRCS website:
http://www.nrcs.usda.gov/wps/portal/nrcs/detail/ms/programs/financial/?cid=nrcs142p2_017159

or go by your local NRCS office. Please visit
http://offices.sc.egov.usda.gov/locator/app to locate the NRCS office
nearest you.
#