UNITED STATES DEPARTMENT OF JUSTICE
ENVIRONMENT AND NATURAL RESOURCES DIVISION
FISCAL YEAR 2000
SUMMARY OF LITIGATION ACCOMPLISHMENTS
CONTENTS
PROTECTING THE NATION'S AIR AND WATER
ENSURING CLEANUP OF HAZARDOUS WASTE
CARRYING OUT CRIMINAL ENFORCEMENT
INITIATIVES
PROSECUTING
THOSE WHO EXPOSE US TO HAZARDOUS
SUBSTANCES
ENFORCING
WILDLIFE LAWS AND DEFENDING WILDLIFE
MANAGEMENT PROGRAMS
PROTECTING INDIAN RIGHTS AND RESOLVING
INDIAN
ISSUES
PRESERVING OUR NATURAL RESOURCES
AND PUBLIC
LANDS
DEFENDING
VITAL FEDERAL PROGRAMS
SUPPORTING THE DIVISION'S LITIGATORS
PROTECTING THE NATION'S
AIR AND WATER
Reducing Pollution From Coal-Fired Power
Plants. In November 1999, the Division brought enforcement actions
for Clean Air Act violations by 29 power plants. The utilities' failure
to install the best available emissions control technology resulted in
tens of millions of tons of sulfur dioxide, nitrogen oxides, and particulate
matter being illegally emitted into the air, leading to detrimental health
effects on asthma sufferers, the elderly and children, and to forest degradation,
waterway damage, reservoir contamination, and deterioration of stone and
copper in buildings. Four months after initiating this national enforcement
effort, we reached a settlement with Tampa Electric Company, which agreed
to install and optimize pollution-control equipment to achieve significant
emission reductions in nitrogen oxide, sulfur dioxide and particulate matter.
It will also pay a $3.5 million civil penalty.
Achieving Record Clean Air Act Settlements.
We achieved record civil penalties in two other Clean Air Act cases. The
first occurred in July when the Attorney General and EPA Administrator
Carol Browner jointly announced our record settlement with Willamette Industries,
Inc., involving Clean Air Act violations at fourteen facilities in three
EPA Regions. Prior to this settlement, Willamette facilities had been emitting
significant amounts of pollutants, including volatile organic compounds
(VOCs), carbon monoxide, nitrogen oxide and particulate matter. Willamette
agreed to a $19.2 million settlement package consisting of $11.2 million
in civil penalties, $8 million in supplemental environmental projects,
and injunctive relief valued at $74 million, making this the largest stationary
source settlement to date. Willamette will be required to install pollution
control technology on twenty-five wood dryers and six presses at eleven
facilities, perform multi-media audits of all active facilities, maintain
a corporate-wide environmental management system, implement continuous
parametric monitoring, and obtain emissions offsets to compensate for years
of illegal emissions. The projects to be performed include pollution reduction
projects, alternative fuels projects, community sewer and water system
improvements, and state parkland donations in the immediate areas where
Willamette facilities are located, many of which have economically disadvantaged
populations.
The second record settlement resolved claims
against Chevron, USA, Inc. for violations resulting from VOC emissions
during marine loading of petroleum products. VOCs react to form ozone,
an extremely pervasive pollutant affecting the health of 80 percent of
the population of the United States. Chevron loaded crude and refined petroleum
products without proper controls for four years. Under the consent decree,
Chevron will: pay a civil penalty of $6 million; retrofit valves, flanges,
and pumps at a California refinery to reduce VOC emissions; and spend $500,000
to help establish and fund a health clinic to diagnose and treat respiratory
diseases among area residents. This is the biggest Clean Air Act settlement
to date for violations occurring at a single facility.
Reducing Interstate Contributions to
Unhealthy Ozone Levels. In March 2000, we obtained a favorable decision
in challenges by industry groups and several States to EPA's decision to
require twenty-two States and the District of Columbia to revise their
state implementation plans to reduce nitrogen oxide emissions to address
chronic interstate ozone problems in the northeastern states. The court
upheld EPA's central approach to establishing state emission "budgets"
based on the emission reductions that would occur if the same level of
highly cost-effective controls were placed on all major stationary sources
of nitrogen oxide in the covered states. The ruling allows EPA to move
forward with its plan to ensure ultimate attainment of the ozone standard
in the northeastern states.
Successfully Defending More Stringent
Emission Standards. We successfully
defended EPA's stricter revised standards for nitrogen oxide emissions
from fossil-fuel-fired steam generating units. The United States Court
of Appeals for the District of Columbia rejected industry's challenge to
the standards as excessively costly, and affirmed EPA's decision as best
effectuating the Clean Air Act's purposes of reducing air pollution. In
another action, the D.C. Circuit also upheld EPA's regulations limiting
emissions of volatile organic compounds from paints and architectural coatings.
Protecting Public Health In Nebraska.
We obtained a partial settlement from IBP, Inc., the world's largest
meatpacker, that requires the company to take immediate steps to reduce
hydrogen sulfide emissions at its Dakota City, Nebraska, plant. Hydrogen
sulfide is deadly in high concentrations, and research over the past few
years shows that exposure to even comparatively low doses, which previously
was thought to be only unpleasant, can in fact cause neurological damage.
IBP emits nearly a ton of hydrogen sulfide per day. Under the agreement,
IBP will build covered wastewater treatment lagoons on a mandatory and
enforceable schedule, decommission existing uncovered lagoons, and undertake
additional projects to limit the release of hydrogen sulfide into the air.
Together, these actions are expected to reduce hydrogen sulfide emissions
from the plant by as much as 95%. The agreement further requires IBP to
treat over three million gallons of well water used at its plant each day
to reduce the high concentration of sulfate in the well water, which can
be converted to hydrogen sulfide in wastewater, and requires IBP to install
seven on-site and two off-site hydrogen sulfide monitors.
Ensuring Safe Drinking Water in California
and Arizona. In August 2000, we achieved two significant victories
in the enforcement of the Safe Drinking Water Act. In the first, we reached
a settlement with the City of Phoenix, Arizona, which addressed the City's
widespread failure to monitor for specified contaminants in its drinking
water system. Under the settlement, Phoenix will comply with the monitoring
regulations, pay a civil penalty of $350,000, and perform two supplemental
environmental projects costing $1.5 million. One of the projects is aimed
at finding solutions for taste and odor problems that exist with the City's
drinking water.
The second victory occurred when the District
Court for the Northern District of California granted the United States'
three motions for summary judgment in a Safe Drinking Water Act case against
several small and medium sized public water systems in Monterey County,
California and their principals. The Court rejected defendants' arguments
of selective prosecution, estoppel, inadmissibility of certain evidence,
and lack of standing. The Court also held the two principals of the defendant
companies personally liable for all the violations of the Act found against
the corporate defendants.
Landmark Settlement Resolving Multi-State
Pipeline Spills. Along with the State of Texas, we entered into a comprehensive
consent decree resolving two Clean Water Act cases against Koch Industries,
Inc. Both cases involved numerous illegal spills of oil and related petroleum
products, estimated to be in the millions of gallons, from Koch oil and
refined petroleum product pipelines and related pipeline facilities. Under
the settlement, Koch will pay $30 million in civil penalties (split evenly
between the United States and the State of Texas), enhance its pipeline
leak prevention programs, and expend at least $5 million on environmental
projects in Oklahoma, Texas and Kansas, the states most affected by the
discharges. These environmental projects include a pipeline safety study,
acquisition and preservation of wildlife habitat, other wetlands and water
quality enhancement projects, and an emergency planning and response project.
Preventing Spills From Locomotive Fuel
Tanks. On August 21, 2000, the federal district court in Colorado signed
and entered a consent decree involving Union Pacific Railroad Co. settling
a Clean Water Act action arising from eight separate discharges of diesel
fuel from ruptured or leaking locomotive fuel tanks. Seven of the discharges
were associated with freight train wrecks in Colorado and Utah, and two
of the derailments also resulted in spills of other pollutants. Under the
oversight of EPA or other federal agencies, Union Pacific completed emergency
response actions and undertook wetlands mitigation and environmental restoration
actions, as directed by the Forest Service. As part of the settlement,
Union Pacific will pay a civil penalty of $800,000, and undertake extensive
injunctive relief to reduce the likelihood or severity of possible future
spills, including: (1) equipping all freight locomotives purchased during
the next five years with fuel tanks meeting a new industry standard for
crash-worthiness; (2) implementation of a comprehensive rock fall hazard
mitigation project (in response to the frequency of rock falls in Colorado
which cause train derailments or rupture locomotive fuel tanks); (3) installation
of locomotive fuel tank patch kits on "hi-rail" vehicles and training the
operators of such vehicles; and (4) preparation of emergency response contingency
plans for three rivers along which Union Pacific's track is aligned.
Restoring Ocean Resources In Rhode Island.
The barge North Cape and the tug
Scandia ran aground and
spilled oil in the waters of Block Island Sound. In order to resolve our
claims under the Oil Pollution Act of 1990, the parties responsible for
the spill agreed to undertake a lobster restoration program that will involve
the v-notching and restocking of 1.248 million female legal-size lobsters
into the waters of Block Island Sound by the end of 2004. The defendants
will also pay $8 million to the National Oceanic and Atmospheric Administration,
the Department of the Interior, and the Rhode Island Department of Environmental
Management to implement the following restoration projects: shellfish restoration
(quahog transplanting), salt pond land acquisition, loon restoration (acquisition
of land or easements to protect loon nests), sea bird restoration (acquisition
of land or easements to protect eider nests), piping plover restoration,
and a fish run project. They have also paid these agencies their costs
of assessment of natural resource damages.
Protecting Wetlands. After a four-week
trial in Sacramento concerning the deep ripping and destruction of wetlands
in California's Central Valley, the court found that the defendant, a major
real estate developer, committed over 300 violations of the Clean Water
Act while converting ranchlands to more lucrative vineyards. The court
gave defendants the option of paying $1.5 million in civil penalties or
paying $500,000 in penalties and agreeing to create new wetlands pursuant
to a plan to be filed by EPA.
We also won a trio of major victories in
support of our wetland enforcement work. First, the Seventh Circuit rejected
a statutory and Commerce Clause-based challenge to the Corps' authority
to exercise jurisdiction over isolated wetlands that serve as migratory
bird habitat. The Court rejected the argument that Congress does not have
the power to regulate isolated waters that have no connection to interstate
commerce other than their use as migratory bird habitat. Citing census
data showing millions of people spending billions of dollars each year
on interstate recreation activities involving migratory birds, as well
as longstanding case law recognizing the "national interest" in protecting
such birds, the Court held that the destruction of migratory bird habitat
and the attendant decrease in the populations of these birds "substantially
affects" interstate commerce. Second, the Fourth Circuit reversed the district
court's dismissal of a wetland enforcement action, holding that sidecasting
of dirt from a ditch draining a wetland requires a permit under the Clean
Water Act. The Court recognized that "[w]etlands perform a vital role in
maintaining water quality" and noted that the adverse effects of ditching,
dredging and sidecasting activities "are no less harmful when the dredged
spoil is redeposited in the same wetland from which it was excavated. The
effects on hydrology and the environment are the same." Third, the Second
Circuit reversed a dismissal of 30 counts of a 31-count Clean Water Act
indictment for filling of wetlands related to the construction of a 370-mile
natural gas pipeline, ruling that the Corps has authority under the Clean
Water Act to impose permit conditions that are "reasonably related" to
the discharge, even if the conditions do not directly regulate the discharge
itself. Thus, the Corps may take into account, and impose conditions on,
discharge-related activities that take place on dry lands, or that have
indirect effects on aesthetic, recreation, or economic values, as long
as the conditions are reasonably related to the discharge activity.
Controlling Non-Point Source Water Pollution.
We achieved a favorable result in a Northern California case in which the
court agreed that EPA has authority to establish "total maximum daily loads"
(TMDLs) for pollutants from non-point sources. TMDLs identify the maximum
loading of a pollutant to a water that is necessary to implement the applicable
water quality standards, and allocates this loading to contributing sources
of the pollutant. The court concluded that the Clean Water Act provides
for a comprehensive set of water quality standards for waterways affected
by both point and non-point sources of pollution, and therefore ruled in
favor of EPA.
With this result paving the way, we have
continued our effort to defend EPA's implementation of the Clean Water
Act's TMDL program. This past year, we achieved settlements that provide
for the establishment of TMDLs in the States of Arkansas and Missouri under
reasonable schedules, with EPA agreeing to establish TMDLs on behalf of
the States if they fail to meet those schedules.
ENSURING CLEAN UP
OF HAZARDOUS WASTE
Appellate Victory Regarding Idaho's
Bunker Hill Superfund Site. The Ninth Circuit Court of Appeals vacated
and remanded the district court's adverse ruling that most of our natural
resource damage claims at this Superfund Site were barred by the statute
of limitations. The court of appeals agreed with our position that EPA
had defined the facility to include the entire contaminated area of the
Coeur D'Alene River Basin, and deferred to EPA's longstanding site boundaries
policy under which boundaries are determined and revised as EPA learns
more about the extent of the contamination. This ruling will enable the
United States to continue to pursue its claims for injuries to natural
resources caused by mining activities.
One significant portion of the litigation
over this Superfund site was resolved earlier this year when the United
States, the State of Idaho and the Coeur D'Alene Tribe (collectively "Plaintiffs")
entered into an agreement with the Union Pacific Corporation which, among
other things, will require Union Pacific to cap the former track area of
its rail line and create a recreational trail along the 71.5 mile line
across most of the panhandle of Idaho. Union Pacific will also pay Plaintiffs'
response costs and another $2,000,000 to the natural resource trustees
in settlement of claims for natural resource damages, $2,730,000 to the
State and Tribe as future owners of the right-of-way, and $35,000 for use
by Plaintiffs in funding educational activities related to the response
action.
A National Multi-Media Settlement.
Working with the State of Texas, we concluded a national multi-media settlement
with ASARCO, Inc. and its subsidiary, Encycle/Texas, Inc., resolving Resource
Conservation and Recovery Act (RCRA) claims for violations at Encycle's
recycling facility in Corpus Christi, Texas and ASARCO's copper smelter
in El Paso, lead smelter in East Helena, Montana, and copper refinery in
Amarillo. The consent decree also resolves Clean Water Act claims at ASARCO's
zinc mines in Tennessee. The consent decree provides for a detailed redesign
of Encycle's hazardous waste management procedures and appropriate RCRA
corrective action at Encycle and the El Paso smelter, the development and
use of innovative metals recycling technology at Encycle, an auto and truck
tire recycling project at El Paso, and implementation by ASARCO of an enhanced
corporate-wide environmental management and compliance auditing system
at its 33 operating domestic facilities. It also requires payment of $5.5
million in civil penalties, maintenance by ASARCO of a permanent 30-acre
environmental conservation area for public use that will serve as a buffer
between a disadvantaged neighborhood and industry along the Corpus Christi
ship channel, an air quality project to reduce particulate pollution in
the El Paso/Juarez air shed, and a wetlands restoration project at ASARCO's
Coy Mine in Tennessee.
Cleaning Up The Tucson Airport Superfund
Site. We obtained an agreement resolving the remaining claims regarding
cleanup of the Tucson International Airport Area Superfund Site, in Pima
County, Arizona. Under the settlement, all private parties except the City
will be jointly and severally liable for: (1) implementing a soils and
shallow groundwater remedy in the first "Airport Property" remedial area;
(2) paying the Superfund $1.7 million, which represents 99 percent of the
United States' past response costs at the Airport Property; and (3) reimbursing
the United States for all of its future costs at the Airport Property,
including oversight costs. Total past and future response costs at the
two remedial areas may reach $100 million. The City will guarantee the
Tucson Airport Authority's obligation to fund and perform the ongoing regional
aquifer remedy.
Innovative Solution for a Connecticut
Brownfield. We resolved years of litigation with a major asbestos manufacturer,
its successor and its bankruptcy trustee over Superfund liability at its
former manufacturing facility in Stratford, Connecticut. The resolution
included a complex global settlement involving other major creditors of
the manufacturer and the sale of the Stratford property, which had become
heavily contaminated through sixty years of manufacturing asbestos products.
Instrumental to the sale was a Generic Prospective Purchaser Agreement
that we issued which provided a covenant not to sue to any bidder that
acquired the property, while ensuring the integrity of the protective cap
that EPA had installed over the property. A consortium of Walmart, Home
Depot and Shaw's Food Stores won the bidding for the property. Through
this mechanism, the United States will receive approximately $20 million
through payments for the PPA and our secured claim on the property.
Addressing Natural Resource Damages
in Indiana. In order to resolve claims that they damaged natural resources
along the south bank of the Maumee River near Fort Wayne, Indiana, approximately
87 parties responsible for releases of hazardous substances at or from
the Fort Wayne Reduction Superfund Site have agreed to implement a restoration
plan under which, among other things, they will acquire approximately 75
acres of land adjacent to the Maumee. Once they have acquired that land,
they will reforest and restore almost two-thirds of it, place a conservation
easement on it, and convey it to the Indiana Department of Natural Resources.
Ensuring Prompt Cleanup of Hazardous
Waste Sites. We have successfully defended efforts to halt the cleanup
of wastes at various sites across the United States, including the Lemon
Lane Landfill at the Bloomington, Indiana PCB Superfund Sites, the Murray
Smelter Superfund Site in Murray, Utah, and the Ross hazardous waste incinerator
facility in Ohio.
Improving Standards for Safe Disposal
of PCBs. In August 2000, the Fifth Circuit upheld EPA's revision of
the rules governing the safe disposal of PCBs from attack by industry and
environmental groups.
CARRYING OUT CRIMINAL ENFORCEMENT INITIATIVES
Lab Fraud Initiative. Laboratories
are used to analyze soil, water and other media to determine their chemical
composition, to assess whether such chemicals pose human health risks,
and to determine whether such media is contaminated and in need of remediation.
In light of the role that labs play in the environmental arena, maintenance
of the integrity of laboratory sample tests, results, and reports is critical.
Several years ago, the federal law enforcement
community became aware of widespread fraud by a growing number of laboratories
across the country. As a result, the Lab Fraud Task Force was established
in 1998 to survey the problem of fraudulent laboratory testing and to determine
how best to tackle it. During FY 2000, Division attorneys were involved
in several nationally significant investigations associated with the task
force. For example, in September 2000 in United States v. Caleb Brett
U.S.A., Inc.
(D.N.J.), Caleb Brett U.S.A. and three of its managers
pled guilty to charges stemming from an investigation of fraudulent testing
of petroleum products, including reformulated gasoline, and false statements
concerning their results. The company pled guilty to conspiracy to make
false statements to EPA. In an apology published in The New York Times
as part of the plea agreement, the company admitted that its employees
falsified laboratory reports and filed false reports on behalf of its clients
to EPA in connection with the agency's reformulated gasoline program. It
also admitted that its employees concealed information about the scheme
from federal investigators. The company agreed to pay a $1 million fine,
and the managers will be sentenced in the next few months.
Underground Storage Tank Initiative.
There are approximately one million underground storage tanks (USTs)
in this country and EPA has estimated that approximately 35 percent of
them do not comply with federal regulations. These tanks hold oil, gasoline,
hazardous substances, and hazardous waste, and leaks from them pose a serious
threat to nearby groundwater, the primary source of drinking water for
most of the country.
In the late 1990's, federal law enforcement
officials also learned of the existence of fraud in the testing and remediation
of leaking underground tanks. As a result, a number of prosecutions
were initiated during the past year. One example is United States v.
Fletcher, a South Carolina prosecution involving two technicians employed
by a South Carolina contractor that performed testing services for owners
and operators of USTs. From 1995 through 1997, the two were involved in
a mail fraud scheme that included performing over 1,500 false tests for
at least 400 UST owners and operators in South Carolina, North Carolina,
Virginia, and Georgia. The defendants generated false documents to further
the scheme. These documents were sent out with an invoice to each customer,
who then mailed in payment for the service. Victims of the defendants'
scheme paid $400,000 for fraudulent testing. The two testers, Chris Fletcher
and Mark Scruggs, pled guilty to conspiracy to commit mail fraud resulting
from their fraudulent UST testing scheme.
Vessel Pollution Enforcement Effort.
Over the past several years, along with the Coast Guard, EPA, and U.S.
Attorney's Offices, we have undertaken a concentrated enforcement effort
to prevent pollution of oceans and inland waterways by ships. The initial
focus was training of Coast Guard and other federal agents in the development
of successful criminal prosecutions. These early training efforts have
yielded results. Since 1993, there have been 40 environmental prosecutions
involving pollution from ships. Building upon the efforts of previous years,
the Vessel Pollution Initiative achieved a number of critical successes
last year in the areas of inter-agency coordination and planning, active
case prosecutions, and the use of important new resources to assist in
the detection of environmental offenses.
There were a number of successful prosecutions
in the past year that grew out of the Vessel Pollution Initiative. For
example, additional sentences were handed down and charges filed in connection
with our major investigation and prosecution of Royal Caribbean Cruises,
Ltd. (RCCL). In a case arising from a July 1999 plea agreement, RCCL agreed
to pay fines and perform community service totaling $18 million in six
judicial districts. Sentences and final judgments were handed down in September
(Los Angeles), October (Alaska, New York), and November 1999 (Miami, Puerto
Rico). The final sentence, in the Virgin Islands, was handed down in January,
2000. In each district, the company was sentenced to serve a five-year
term of probation and required to operate under a court-supervised environmental
compliance program. Fine amounts and community service payments varied
among the districts. In its plea agreement, the company admitted that it
routinely
dumped waste from its fleet of cruise ships, and deliberately dumped many
other types of pollutants, including hazardous chemicals from photo processing
equipment, dry cleaning operations and printing presses into U.S. harbors
and coastal areas. The company also admitted to presenting materially false
statements about its oil discharges in its oil record books to the U. S.
Coast Guard.
In a follow-up to the prosecutions described
above, additional charges were filed this year against two Chief Engineers
who served aboard cruise ships owned by RCCL. These cases reflect the continuing
effort to identify and prosecute the individuals responsible for the fleet-wide
environmental violations that were the subject of the earlier RCCL plea
agreements.
In December 1999, criminal prosecutions
arising from the routine discharge of oily bilge waste from the SS Rotterdam
into Alaskan and Canadian waters were successfully concluded with the entry
of guilty pleas to Clean Water Act violations by Nanne Hogendoorn, the
vessel's shore-side technical manager; Dirk Smeenk, the ship's Captain;
and Hantje DeJong, the Chief Engineer. Hal Beheer, the corporation which
operated the Holland America cruise ship, had earlier pled guilty to two
violations and was sentenced to pay fines and restitution totaling $2 million.
In April 2000, each of the individual defendants was sentenced to pay a
$10,000 criminal fine. The case marked the first conviction of a land-based
corporate officer and of the senior officers aboard a cruise vessel for
vessel pollution violations at sea.
Another significant vessel pollution prosecution
was successfully concluded in December 1999 with the sentencing of ANAX
International Agencies, Inc., Dimitrios Georgantas, the owner of the vessel
T/V Command, and Lampros Karganis, the ship's captain. This case
arose from the discharge of over 3,000 gallons of bunker fuel oil off the
California coast that resulted in substantial environmental damage to wildlife
and to beaches south of San Francisco. Based upon guilty pleas to a Clean
Water Act violation and a felony failure to report the discharges, ANAX
was sentenced to pay a total of $9.4 million in federal, state and local
civil penalties, criminal fines, and restitution, including natural resource
damages of $2.7 million.
PROSECUTING THOSE
WHO EXPOSE US TO HAZARDOUS SUBSTANCES
Worker Safety: The Longest Sentence
Ever for an Environmental Crime. A Wharton-educated businessman and
attorney was convicted of knowingly endangering the health and safety of
his employees during illegal hazardous waste storage and disposal activities
that left a 20-year-old employee with severe permanent brain damage from
cyanide poisoning. In addition to the knowing endangerment charges, Elias
was convicted on two counts of illegal disposal of hazardous waste, and
making false statements to OSHA inspectors in an effort to conceal the
knowing endangerment of his employees. On April 28, 2000, a federal district
court in Idaho handed down the longest sentence ever for an environmental
crime -- 17 years in prison. Elias was also ordered to pay approximately
$6 million in restitution to the family of the injured employee, and $400,000
in cleanup costs.
Airline Safety: The Transportation of
Hazardous Materials in Air Commerce. In December, 1999, AMR, a subsidiary
of American Airlines, the nation's second-largest air carrier, pled guilty
to and was sentenced for illegally storing hazardous waste at the Miami
International Airport. AMR admitted that during a four-year period, the
company failed to follow safety regulations that strictly control the shipment
of hazardous materials on passenger airplanes and that there were a number
of incidents in which hazardous materials were improperly transported.
AMR illegally stored ignitible hazardous waste containing Dioxital, an
oxidizer that can explode when exposed to heat and which accelerates the
burning of other materials. A drum containing this chemical was rolled
on its side, the top blew off and the contents ignited. After employees
extinguished the fire, the material was left at the airport and illegally
stored for three years until it was discovered during the investigation.
Under the plea agreement, American paid $8 million in fines and is undertaking
a court-supervised compliance program at every airport in the United States
and abroad where American Airlines accepts cargo for shipment. Of the fine,
$2 million was paid as corporate community service to the Miami-Dade Fire
Department to enhance the department's hazardous materials division.
Prosecuting Mismanagement of Sewage
Treatment Plants. In United States v. Johnson Properties, Inc.,
the defendants, owners and operators of a number of sewage treatment plants,
admitted their involvement in a scheme in which they purchased small, undercapitalized
sewage treatment plants serving residents in southern Louisiana, and then
failed to properly operate and maintain them while collecting fees from
the residents for sewage treatment services. Johnson Property Inc. (JPI)
and six subsidiaries entered guilty pleas in January 2000 to a felony Clean
Water Act (CWA) conspiracy charge and agreed to pay a $4.36 million fine
and restitution of $165,000 for their mismanagement of over 100 sewage
treatment and drinking water plants in Louisiana. In June 2000, pursuant
to a plea agreement, Glen Kelly Johnson was sentenced to pay $250,000 restitution
to homeowners and $500,000 in fines, and to serve 36 months incarceration
followed by three years supervised release. Johnson, general manager of
both JPI and a subsidiary, pled guilty to a CWA conspiracy violation and
an obstruction of justice charge. Carol Rowell, director of the JPI in-house
monitoring lab and a JPI subsidiary, was also sentenced to serve four months
home detention, three months probation, pay a $2,000 fine, and perform
a one hundred hours of community service.
Stopping Injection of Hazardous Wastes into Wells. The Division prevailed in two prosecutions involving injecting hazardous waste into wells. In September 1999, BP Exploration (ALASKA) Inc. (BPXA) pled guilty to failing to report the release of hazardous substances as required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in connection with the injection of hazardous wastes such as paint thinner, paint, oil, and solvents into the outer rim of oil wells on Endicott Island near the North Slope of Alaska. BPXA admitted in a plea agreement in September 1999 that it failed to immediately notify authorities of a release of hazardous substances to the environment. The company, BP Amoco's Alaska subsidiary, also admitted it failed to provide adequate oversight and funding to ensure proper environmental management on Endicott Island. On February 4, 2000, BPXA was sentenced to pay the maximum criminal fine of $500,000 and ordered to establish a nationwide environmental management system designed to prevent future violations as part of a five-year probation sentence. This court-monitored system will be the first of its kind in the oil industry to result from a federal prosecution and will cost $15 million to implement. The resolution of the criminal case and a related civil case arising from the illegal waste disposal is expected to cost BPXA a total of $22 million.
In the second prosecution, the defendants
Allied Environmental Services, Inc., Koteswara Attaluri, president of Allied,
and trucker Mac DeWayne Overholt, were convicted in October 1999 on conspiracy
to violate the Safe Drinking Water Act and RCRA, and to commit mail fraud
and wire fraud, as well as a substantive mail fraud count, stemming from
their participation in a scheme to transport approximately 500,000 gallons
of petroleum-impacted wastewater from military facilities to class II injection
wells in Oklahoma during 1994 and 1995. Overholt was also convicted of
illegally discharging 6,000 gallons of the wastewater into a stream leading
to Keystone Lake and transporting hazardous wastes to an unpermitted facility,
and making false statements to state and federal investigators. Attaluri
was ordered to serve 55 months imprisonment and pay $1.27 million in restitution
for the cost of cleanup, Overholt was sentenced to serve 87 months imprisonment,
and Allied was placed on five years probation. The judge held all three
defendants jointly and severally liable for the cleanup cost and, if the
company begins operating again, a trustee will be appointed to ensure that
these violations do not recur. Overholt's sentence is the longest to date
in a Safe Drinking Water Act case.
ENFORCING WILDLIFE
LAWS AND DEFENDING WILDLIFE MANAGEMENT PROGRAMS
Exotic Bird Smuggling Ring Broken. A
husband and wife team, Hector and Lucia Carrizales, as well as Lucia Carrizales'
sister, Martha Rodriguez, and Rodriguez's friend, Estela Weeks, were charged
in a 23-count indictment with conspiracy, smuggling, and Lacey Act offenses
stemming from a U.S. Fish and Wildlife Service undercover investigation
into the defendants' exotic bird smuggling operation in west Texas. The
defendants smuggled rare Mexican birds, including Military Macaws, Amazon
Parrots and Toucans, into the United States, and sold them to buyers in
Presidio, El Paso, and the Dallas area. Hector Carrizales pleaded guilty
to one of the wildlife offenses, and was sentenced to 21 months imprisonment
and three years of supervised release on September 13, 2000, for his role
in the five-year smuggling conspiracy. Lucia Carrizales pleaded guilty
to the conspiracy charges and Estela Weeks pleaded guilty to three Lacey
Act offenses for her role in acquiring some of the smuggled birds, and
in assisting in the sale of birds to pet dealers and individuals in the
Dallas area. Sentencing hearings for Lucia Carrizales and Estela Weeks
are scheduled for December. Martha Rodriguez failed to appear in court
for her arraignment on the charges against her, and a bench warrant was
issued for her arrest. In August of this year, in a gesture of goodwill,
28 of the smuggled birds were returned to Mexican authorities by the U.S.
Fish and Wildlife Service at a repatriation ceremony held in Mexico.
Surrender of Keng Liang "Anson" Wong
to U.S. Authorities in Mexico. On August 30, 2000, a two-year effort
to extradite reputed international wildlife smuggling kingpin Keng Liang
"Anson" Wong from Mexico ended successfully when he surrendered to U.S.
authorities in Mexico City and was flown to San Francisco to await trial.
Between 1995 and 1998, Division attorneys supervised an undercover investigation
of Wong and his Malaysian import-export business, Sungai Rusa Wildlife,
by the U.S. Fish and Wildlife Service. This investigation resulted in felony
charges against Wong for smuggling 14 shipments of live reptiles into the
United States from Malaysia, Indonesia, and the Philippines, containing
nearly 300 protected reptiles worth nearly a half million dollars, including
extremely rare endangered plowshare tortoises. Wong and his co-conspirators
in the United States smuggled the animals using a variety of methods, including
Federal Express packages, larger commercial shipments and human couriers.
Wong had previously been indicted on wildlife smuggling violations in Florida,
but had never appeared in the United States to answer those charges, and
could not be extradited from his home country of Malaysia.
California Gnatcatcher. We brought
suit on behalf of the U.S. Fish and Wildlife Service to enjoin a developer
in Riverside County, California from clearing occupied habitat of the threatened
California gnatcatcher in violation of the Endangered Species Act. After
the court preliminarily enjoined construction, the developer agreed to
seek a permit prior to further development, to set aside a portion of the
property and other habitat off-site in mitigation for the development,
and to pay a civil penalty for past taking of the gnatcatcher.
Protecting Salmonid Species. Shortly
after we brought suit on behalf of the Commerce Department to halt the
illegal take of salmonid species at a series of irrigation diversions belonging
to the Methow Valley Irrigation District in eastern Washington, we reached
a settlement that provides that the irrigation district will operate its
diversion facilities for the next two years in a manner that minimizes
the harm to the protected fish species. After two years, the district will
be enjoined from further surface water diversions. It also plans to switch
to groundwater pumping which will not harm the fish.
Spiny Dogfish Fishery. In response
to overfishing of the spiny dogfish (a species of shark), the National
Marine Fisheries Service issued rules implementing a fishery management
plan for the spiny dogfish fishery and quotas and limits on spiny dogfish
fishing. Members of the fishing industry challenged the rules, but were
rebuffed on all grounds, including their claims under the Regulatory Flexibility
Act ("RFA"). The district court specifically ruled that the economic concerns
of the RFA should not be construed to undermine the conservation goals
of the Magnuson-Stevens Act.
Edwards Aquifer in Texas. We secured
an important constitutional victory when a district court in Texas upheld
the constitutionality of the Endangered Species Act against an "as-applied"
challenge under the Commerce Clause, among other issues, with regard to
protection of endangered and listed species in the Edwards Aquifer region
of south-central Texas.
Southwestern Willow Flycatcher.
In this challenge to the Fish and Wildlife Service's designation of critical
habitat for the endangered southwestern willow flycatcher, plaintiffs contended
that the Service inadequately considered the economic impacts of the designation.
The court rejected their claims, holding that the Service complied with
the Endangered Species Act's requirement to consider the economic effects
of designating critical habitat for the flycatcher by looking at the incremental
effects of the designation above and beyond the effects of listing the
flycatcher as endangered under the ESA.
Reintroduction of Wolves into Yellowstone. The Tenth Circuit Court of Appeals reversed a 1997 district court decision which ordered the removal of the gray wolves that had been relocated to areas in central Idaho and in and around Yellowstone National Park pursuant to the Endangered Species Act. The court ruled that the wolf reintroduction regulations accurately reflect the goals of the Endangered Species Act to protect natural populations while at the same time promoting the recovery of the species.
PROTECTING INDIAN RIGHTS AND RESOLVING
INDIAN ISSUES
Protecting Treaty Rights and Endangered
Species. The summer of 2000 brought drought conditions in many parts
of the West, adding increasing stresses to endangered fish species which
in some cases are also of interest to Indian tribes, and putting pressure
on tribal water resources. In this context, we successfully defended government
efforts to protect both endangered species and tribal resources in the
Klamath Basin in Oregon. In Klamath, the Bureau of Reclamation's operation
plan to provide minimum flows for Klamath River fish and minimum lake levels
for fish was upheld by the courts in the face of several separate and concerted
efforts to enjoin it filed by non-Indian irrigation districts and environmental
groups. The plan benefitted the fish and the Klamath Basin Tribes, who
seek restoration of the fishery to levels that would allow the harvest
of fish.
Protecting Indian Treaty Rights and
Lake Trout Rehabilitation. We played an integral role in the negotiation
of a consent decree in United States v. Michigan. As a result, rather
than engaging in lengthy litigation marked by bitter social conflict, the
parties were able to fashion an agreement that provided treaty fishing
opportunities of five Michigan tribes, enhanced restoration of lake trout
and sport fishing opportunities. Underpinning the final agreement were
significant financial contributions from the Department of the Interior
($8.25 million) and the Michigan Department of Natural Resources (almost
$17 million) which will enable the tribes to implement their treaty rights
in a manner consistent with all of the parties' goal of restoring native
trout populations in the Great Lakes.
Protecting Indian Fishing Rights.
In 1996, the United States recognized the rights of four Pacific Northwest
Tribes to a portion of the whiting harvest pursuant to their tribal treaties.
The Commerce Department then issued regulations to effectuate that treaty
right. Several fishing industry groups joined the States of Oregon and
Washington in attacking the Tribes' right to harvest whiting, the annual
allocation mechanism, and the annual allocations themselves. In 2000, the
district court granted summary judgment to the United States and intervening
tribes on all counts, upholding the treaty right and the annual allocations.
The case is currently on appeal.
Settlement of Indian Water Rights Claims.
We worked with the Fort Mojave and Colorado River Indian Tribes to secure
a settlement of their water rights claims in
Arizona v. California,
No. 8, Original. In June of this year, that settlement was confirmed by
the Supreme Court. Under the settlement, the parties' challenges to the
Tribes' reservation boundaries are resolved in a manner favorable to the
United States and Tribes and the associated water rights for the irrigable
acreage within those boundaries are confirmed.
We also worked with the Chippewa Cree Tribe
of the Rocky Boy's Reservation and the State of Montana to secure Congressional
approval of the Chippewa Cree Tribe of the Rocky Boy's Reservation Indian
Reserved Water Rights Settlement Act of 1999. This settlement, which followed
15 years of negotiations, settles claims of the Tribe to water within Montana
and potential water-related claims of the Tribe against the United States.
Under it, Congress will allocate $50 million for a variety of uses including
improving reservoirs on the reservation, importing water from other sources
nearby, and assisting with tribal administrative costs and economic development.
The settlement is presently awaiting enactment through the State Water
Court.
In addition, we worked with the Shivwits
Band of the Paiute Indian Tribe of Utah, the State of Utah, and area irrigation
districts and municipalities to secure enactment of the Shivwits Band of
the Paiute Indian Tribe of Utah Water Rights Settlement Act. The Act approves
and authorizes involvement by the Department of the Interior in three related
water rights agreements as part of a settlement of the Band's claims to
water in the Virgin River adjudication pending in State Court. This settlement
also resolves a variety of potential water rights claims among the parties.
The water to be provided to the Band will be supplied primarily through
the development of two projects shared with local non-Indian water users.
Congress will allocate $24 million towards this settlement. Of these monies,
$15 million will fund a portion of costs related to the construction and
operation of a water reuse facility for the City of St. George, $3 million
will be available for Endangered Species Act concerns, and the remainder
will be provided to the Band for economic development and other costs related
to the water projects. This settlement is pending the parties' signatures
to the final agreements and approval in the state courts, and ends many
years of negotiations.
Protecting Pueblo Indian Land Rights
in New Mexico. Working with the Department of the Interior, we negotiated
a settlement agreement with the Pueblo of Santo Domingo (Pueblo) resolving
long-standing title and trespass disputes involving more than 80,000 acres
of private, public, and Indian lands. In return for the extinguishment
of their claims, the Pueblo will receive a total of $23 million and the
conveyance of approximately 4500 acres of Bureau of Land Management land,
with an option to purchase another 7000 acres of Forest Service land. This
agreement is the product of over three years of intensive negotiations.
In addition to the efforts of the United States and the Pueblo, the two
principal parties in the negotiations, the State of New Mexico, other pueblos,
local governments and private landowners have been consulted and stand
to benefit as well. Congress has ratified this agreement.
Protecting Treaty Lands. The Ninth
Circuit affirmed the district court's ruling that the United States owns
the bed and banks of the southern third of Coeur D'Alene Lake, in northern
Idaho, in trust for the Coeur D'Alene Indian Tribe. Idaho argued on appeal
that the bed and banks of all navigable waters within the state passed
to it upon its becoming a state, but the court concluded that it was the
intention of both the executive and Congress to reserve the lakebed in
the southern third of the lake for the Tribe.
Defending Tribal Acknowledgment Program.
This year, the United States prevailed in the first comprehensive legal
challenge to the Department of the Interior's federal tribal acknowledgment
program, the program by which a tribal group may seek to become a federally
recognized Indian Tribe. In what is likely to become a landmark opinion
on Interior's regulatory program for federal acknowledgment, the court
exhaustively analyzed and evaluated the agency's lengthy acknowledgment
decision, upholding the agency's decisionmaking approach and outcome in
all respects.
Resolving Indian Land Claims in New
York State. Attorneys in the Division litigated two trials over a three-month
period this year to help create a reservation in New York State for the
presently landless Cayuga Indians. Prior to the trials, the Court had held
that New York State improperly acquired the former 64,000-acre Cayuga Reservation
from the Cayuga in 1795 and 1807. The Division also argued successfully
that New York State -- and not any private landowners -- should be liable
for paying any damages awarded. The jury returned a verdict of approximately
$40 million. The Cayuga will use the award to purchase land in their former
territory with the goal of creating a new reservation.
Removing Trespassers From Indian Reservations.
Last spring, we were able to complete a lengthy effort to remove 10 trespassers
from the Chemehuevi Reservation in California. The United States District
Court for the Central District of California issued a Writ of Assistance
that provided for the United States Marshal to remove the trespassers.
Nine of the trespassers voluntarily left rather than be removed by the
Marshal; one entered into a lease and remained. These ten non-Indian individuals
had been living on the Reservation for approximately 25 years, but ten
years ago decided that they would not pay increases in rent nor would they
enter into leases to remain on the Reservation, and many had stopped paying
rent altogether.
Recovering Unlawfully Collected Taxes
for Individual Indians. This summer we finalized a consent decree through
which the State of South Dakota will reimburse individual tribal members
for payments of the State's motor vehicle tax which had been collected
from tribal members who resided in Indian country at the time they paid
the tax. This effort was comprised of cases which the United States filed
on behalf of the individuals and cases brought by tribes themselves in
which the United States intervened. Pursuant to the consent decree, individuals
have the opportunity to file for a reimbursement from the State with two
levels of appeal for any denials. The most recent report is that the State
has refunded $1.75 million to individuals.
Preserving Tribal Authority to Implement
the Clean Air Act. We obtained a favorable decision upholding EPA's
rule prescribing how Indian Tribes are to be treated as states for purposes
of air quality management and planning. The Court of Appeals found that
the Clean Air Act delegates authority to eligible Indian Tribes to manage
air resources on all lands (including privately-owned lands) within the
exterior boundaries of a reservation; the term "reservation" as used in
the Act includes both formal reservations and informal reservations, including
Pueblos and tribal trust lands. The decision is a significant victory for
the ability of tribes to regulate air quality within their reservations.
PRESERVING OUR
NATURAL RESOURCES AND PUBLIC LANDS
Defending the Forest Service's Management
of the National Forests. We had several victories on this front in
the last year. One such victory was a successful defense of the Forest
Service's decision not to offer new oil and gas leases on a portion of
the Lewis & Clark National Forest known as the Rocky Mountain Front,
which is noted for its diverse wildlife, dramatic scenery, and wild and
undeveloped state. Another came when the court dismissed a challenge to
the Forest Service's interim roadless area rule, which prohibits road construction
and reconstruction for an 18-month period in tens of millions of acres
of Forest Service inventoried roadless areas while it develops a long-term
rule governing them. In a third, we defeated an attempt to intervene in
an action where local schools, counties, and timber interests seeking acceleration
of the timber program filed a complaint alleging that the Forest Service
failed to aggressively remove dead and dying trees in the Malheur National
Forest.
Protecting the Black Hills of South
Dakota. We led a team which negotiated the first settlement to effect
a comprehensive resolution of stakeholder concerns affecting a National
Forest. The negotiations, first with the environmental plaintiffs and later
expanded to include the intervening timber industry associations, the neighboring
counties, and the State of South Dakota, addressed amendment of the Forest's
Land and Resource Management Plan to provide for increased protection of
biological diversity and species viability, interim protective measures
pending the amendment, as well as fire and pest management concerns raised
by the state and counties. Provision was made for transitional treatment
of timber sales which allowed the flow of sales to the dependent industry
and community to be maintained under negotiated modifications which protected
sensitive species and preserved future options.
Restoring the Everglades. We continue
to defend challenges on a variety of fronts to federal efforts to manage,
restore, and protect natural resources in the Florida Everglades and the
Big Cypress National Preserve. We are also contributing to protection of
the unique Everglades ecosystem by representing the National Park Service
in its acquisitions by eminent domain of approximately 2,500 tracts of
land to be used for expansion of Everglades National Park and Big Cypress
National Preserve.
Protecting the "Rails to Trails" Program.
The Court of Appeals affirmed the Court of Federal Claims for the Federal
Circuit judgment that the conversion of a former railroad property to "interim
trail use" as the "Capitol Crescent" recreational trail did not result
in a taking of property without compensation.
Significant Water Rights Successes Across
the Western United States. Last year was a year of major successes
in our water rights litigation. The Arizona Supreme Court held that federal
reserved water rights extend to groundwater and that holders of federal
reserved water rights enjoy greater protection from groundwater pumping
than do holders of state law rights to the extent that greater protection
may be necessary to maintain sufficient water to accomplish the purpose
of a reservation. The Idaho Supreme Court affirmed a decision that the
United States holds reserved water rights for designated wild and scenic
rivers that flow through the state, as well as water rights for the Hells
Canyon National Recreation Area. We also obtained agreements to protect
endangered species and other wildlife though water releases and flow restoration
in rivers in New Mexico and California, secured critical federal reserved
water rights for public lands in Nevada, Utah, Colorado and Oregon, and
defended federal management of water projects in Washington, California,
Oregon and Nevada.
For example, we successfully negotiated a settlement of two agreements in which the United States obtained nearly 95,000 acre-feet of water to maintain a continuous flow to protect the silvery minnows' habitat. Without this water, the river would have gone dry in key stretches of the minnow's critical habitat, an event that the U.S. Fish and Wildlife Service believes would have led to the extinction of the species. As part of the agreement, we also obtained commitments to improve the habitat conditions on the Rio Grande and to complete bypasses around diversion dams that are preventing the silvery minnow from recolonizing upstream areas where the species must become re-established as part of any recovery.
Supreme Court Upholds Revised Grazing
Regulations. A number of livestock ranching groups challenged several
of the Secretary of the Interior's 1995 amendments to regulations governing
grazing on public lands managed by the Bureau of Land Management as inconsistent
with the Taylor Grazing Act and other federal statutes. The grazing groups
argued in part that the use of the term "grazing preference" to denote
the priority to be accorded applicants for grazing permits, and the term
"permitted use" to specify the grazing use allowed under a grazing permit,
compromised guaranteed grazing opportunities that they believed had been
provided ranchers in the Taylor Grazing Act. The Supreme Court upheld the
validity of the challenged regulations, holding as to those terms that
the statutes conferred no fixed grazing rights on ranchers and that the
Secretary has broad authority under the statutes to determine grazing privileges
on the public rangelands.
Obtaining Royalties for Mineral Leasing.
We successfully defended an order by the Minerals Management Service to
Shell Oil to pay royalties. The court rejected Shell's claim that the order
to pay was time-barred by the statute of limitations and argument that
the MMS could have issued an order to pay years earlier.
Gettysburg National Tower. In a
nationally publicized action taken at the request of the National Park
Service, we successfully obtained possession of the tourist observation
tower at the Gettysburg National Military Park. The tower was demolished
on July 3, the anniversary of the famous Pickett's Charge in the Battle
of Gettysburg. The valuation of the interests condemned is in litigation.
DEFENDING VITAL FEDERAL
PROGRAMS
Replacement of the Woodrow Wilson Bridge
in the Washington, D.C. Area. A unanimous panel of the D.C. Circuit
held that the Federal Highways Administration had complied with the National
Environmental Policy Act (NEPA), Section 106 of the Historic Preservation
Act, and Section 4(f) of the Transportation Act when it approved plans
to replace the Woodrow Wilson Bridge with a twelve-lane span.
Navy Keeps San Diego Port Lease.
The Justice Department and the U.S. Navy recently won a major battle in
two consolidated cases. The Court's judgment allows the Navy to renew leases
with the Port of San Diego. This litigation concerns property leased by
the Navy in 1949 for a term of 50 years, with a 50-year renewal option.
The Port of San Diego and the State of California asserted tidelands trust
rights to prevent the United States from invoking its renewal rights, but
the court ruled that the city had the authority to enter into the disputed
leases, that federal law overruled state laws which limited lease terms,
and that the doctrine of laches precluded challenges to the leases' validity.
The cases are on appeal to the Ninth Circuit.
Ensuring Safe Destruction of the Army's
Stockpile of Chemical Weapons. In April 2000, after a two week trial
involving citizen groups' attempt to shut down the Tooele Chemical Agent
Demilitarization Facility at the Deseret Chemical Depot in Utah, the court
ruled that the Army's destruction of chemical weapons at the facility presented
no imminent or substantial endangerment to human health or the environment.
The court also held, among other things, that the citizen groups failed
to prove that alleged violations under the Resource Conversation and Recovery
Act were ongoing or likely to recur.
Ensuring that Important Federal Law
Enforcement Programs Comply With Environmental Laws. We successfully
negotiated a settlement agreement that enables the United States Border
Patrol, an agency of the Justice Department's Immigration and Naturalization
Service, to maintain essential border control operations in southern Texas
while complying with environmental laws. Launched in 1997, the Border Patrol's
Operation Rio Grande is designed to upgrade the interdiction of undocumented
aliens and illegal drugs in heavily trafficked areas near Brownsville and
McAllen, Texas. The agency commenced its actions, including the installation
of high-density lighting, without prior environmental review under the
Endangered Species Act and the National Environmental Policy Act. Plaintiffs
sued initially to enjoin all aspects of the Operation and to compel the
Border Patrol to remove the lights. After intensive negotiations with the
plaintiffs, the Border Patrol agreed both to consult with the U.S. Fish
and Wildlife Service regarding impacts on endangered and threatened species
(especially nocturnal ocelots and jaguarundi) and to prepare an environmental
impact statement to implement the Operation in the McAllen Sector. The
settlement agreement limits the activities that the Border Patrol may take
during the interim period pending completion of the NEPA and ESA processes,
but avoids the need to remove upgraded facilities including the lighting,
which the agency views as an effective deterrent to illegal border crossings.
Appraisal Unit Accomplishments FY2000.
In support of the Division's litigation, the Appraisal Unit completed 908
appraisal reviews concerning 1,189 tracts with a total estimated value
of $465,730,648. The Unit also provided significant valuation assistance
to a number of client agencies over the course of the year. Among the most
notable efforts was the assistance provided to the United States Forest
Service and the Council on Environmental Quality concerning valuation issues
related to the Columbia River Gorge Project. Consulting assistance was
also provided in Alabama Coushatta Tribe of Texas v. United States,
United States v. The University of Rhode Island, and The Cayuga
Indian Nation of New York v. George Pataki. Unit members also participated
in presentations at the Valuation 2000 Appraisal Conference and at a number
of national and regional meetings and seminars held by federal agencies
such as the National Park Service, The Army Corps of Engineers, the Fish
and Wildlife Service and the Forest Service.
The most significant single accomplishment
of the past year was the revision of The Uniform Appraisal Standards
for Federal Land Acquisitions (also known as "the Yellow Book.") The
draft revision includes updating the case law, major additions to the text
and improved organization of the material.
SUPPORTING THE DIVISION'S
LITIGATORS
The Executive Office supports the Division's
environmental mission by providing the legal staff with the resources,
information, and tools necessary to do their jobs, and by working on projects
that further our mission throughout the Department and community. We worked
to strengthen employees' professional skills, to make new technologies
available, to enhance internal services and service delivery, and to improve
the work environment for all Division personnel.
Providing modern technologies while preserving
systems integrity and security was a priority for the Division. This year
we provided technological enhancements with a successful conversion to
the Justice Consolidated Network. This national data network is secure,
cost-effective, and provides faster data communications than were previously
available, resulting in more efficient litigation operations.
ENRD was the first DOJ litigating Division
to complete the required Year 2000 Certification and Validation process
for our computer systems. Other Divisions used our plans as a template
in completing their own certification and validation processes. This process
assured that the start of the new millennium would not interrupt any of
our record keeping, document production or active litigation operations.
Using automation to manage documents and
evidence is a cornerstone of our support for the Division's major case
work. This year the Office of Litigation Support introduced a pilot lab
for in-house document scanning and database development services. We expect
the lab to provide attorneys with new digital imaging technologies for
case information and to reduce the need for expensive contract labor and
document center space.
ENRD continued to emphasize the professional
development of our employees. This year we completed training for our support
staff on technological and legal skills as part of the Support 2001 initiative.
We also arranged brown bag "roundtable" training sessions and discussions
for managers. A number of other training courses were written and delivered
specifically for Division paralegals, relying heavily on in-house expertise.
We took an active role in the Department's
efforts to comply with the "Greening the Government" Executive Order, which
includes facilities management initiatives and implementation of the new
transit subsidies. As part of our outreach to the local community, we arranged
and coordinated a course on environmental law at a local high school.