The U.S. Environmental Protection Agency is trying to spur more companies to voluntarily disclose and fix violations of environmental rules by cutting penalties for companies that tell on themselves. Recently, the agency's regional office in San Francisco dropped nearly $600,000 in possible penalties for 13 companies that promptly disclosed and corrected violations of the federal right-to-know law. Under EPA's audit policy, the agency may opt to scale back or drop penalties for violations that are promptly disclosed and addressed.

Arizona Air Study Finds Compliance

A six-month air-quality monitoring study in Maricopa County, Ariz., prompted by citizen complaints about sand and gravel operations and other facilities, found “no exceptional air quality issues,” says a summary of the study. The monitoring focused on the Agua Fria River Basin area in Sun City, Ariz., home to numerous sand and gravel operations as well as concrete and asphalt plants. The Maricopa County Air Quality Department hired a contractor to conduct an ambient air quality study, focusing on particulate matter and polynuclear aromatic hydrocarbons. The study found the area was within ambient air quality standards for the entire monitoring period, with the exception of one day.

NEPA Fix Needed for Road Building, Group Says

The long-stalled construction of U.S. 95 in Las Vegas identifies serious problems with the National Environmental Policy Act, says the American Road & Transportation Builders Association. A House Resources Committee task force is set to unveil its recommended reforms for the law, drawing on the witness testimony from ARTBA, the National Stone, Sand & Gravel Association, and other groups. The Sierra Club blocked planned widening of the Las Vegas road, which was already underway, saying the Federal Highway Administration did not consider alternatives to the project. ARTBA staff attorney Nick Goldstein recommended setting a 180-day time limit on legal challenges under NEPA, to provide more predictability to the transportation planning process. ARTBA also is proposing NEPA litigation be restricted to issues that have been raised during the public comment period so that litigation truly serves as a last resort.

Groups File Species Complaint

A coalition of conservation groups has sued the Bush administration over implementation of the Endangered Species Act. The groups, which include the Center for Biological Diversity, say the administration has left 283 plants and animals on a “perpetual candidate waiting list.” The administration has “refused to list a single species,” says the coalition, noting Fish and Wildlife Service representatives argue they cannot protect the species because funding is sapped by the need to comply with prior court orders. The groups challenge this notion, noting that “year after year,” FWS budget requests to Congress are at levels too low to address the species backlog. The conservation organizations say they have a plan to end the cycle of litigation: the administration should allow FWS to develop a multi-year schedule for addressing the 283 imperiled plants and animals. Such a schedule would eliminate the need for lawsuits to force implementation of the Act, the groups say. Species listings are at an all-time low since the statute was enacted in 1973, according to the conservation groups.

Charlotte S. Garvey is a Washington, D.C.-based writer specializing in environmental, natural resources, and other public policy issues.