EN VIRONMENTA L
NEWS
SUMMA R Y Januar>31
Office of Public Affairs U.S. Environmental Protection Agency Washington, D.C. 20460
NO-GROWTH LAW RULED ILLEGAL
In "landmark case with nationwide implications", U.S. District Court in San Fran
cisco strikes down '72 Petalurna, Calif, law limiting new housing units to 500 a -ear,
notes Wash. Star (1/25/74), San Francisco Chronicle (1/18/74). Suit, brought by local
developers, National Association of Home Builders, charged that city has burden of just
ification when restricting mobility.1 Court says Petaluma plan violation of "constitution
al right to travel," and establish residence.
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NIXON ASKS FOR TWO-YEAR DELAY IN EMISSION STANDARDS
Nixon's energy message to Congress (1/23/74) calls for two-year postponement of
EPA '75 interim auto standards requiring 65-70% reduction of hydrocarbons, carbon monox-
ide from '70 levels, observes N.Y. Times (1/24/74). Also wants further delay in reducim
NOX emissions....Other key recommendations: (1) Speed-up of nuclear plant licensing,
construction; (2) increased federal money for urban transportation, more "flexibility"
spending it; (3) expansion of leasing for oil, gas exploration on outer continental shell
and (4) relaxation of Clean Air Act requirements for electric utilities, to accomodate
switch from oil to coal His proposed FY '75 budget requests: (1) $178.5 miTion, pol-
lution control research: (2) about $169 million, fnMnn r«»s*arc!vs (3) $154.5 million, re-
jis-i-ch and development for such areas as solar, geothermal energy; and (4) almost $116
million to general energy conservation (such as transportation improvements) Nixon's
energy message "confirme-.1.. .the environmentalists' fears of a major setback," feels Bal-
timore Sun (1/24/74). "The overwhelming omphasis was on increasing energy supplies...al-
most no mention of the impact on the environment of the various proposals." Sun, citing
"half-hearted opposition" of EPA to auto emission del a;/', says agency "showing less force
under...Train." Mr. Nixon's energy proposals delaying environmental progress "repre-
sent a step backward for the administration. The American Public Health Association es-
timates that...proposals for relaxing clean air standards could cause a 20 to 40 per
cent increase in heart and lung disease due to air pollution." (Baltimore Sun, 1/25/74)
IN RELATED DEVELOPMENTS. Citing provision in Congressional energy bill permitting
Federal Energy Office to compel electric power companies, other industries to switch
from oil back to coal, N.Y. Times (1/23/74) believes "no one is yet certain that this
flight from the standards of the Clean Air Act is necessary," since principal Author of
energy bill, Sen. Jackson (D-Wash.), has discovered discrepancies between Federal, oil
company statistics "so significant as to raise fundamental questions whether existing
data systems provide any rational basis for policy making."
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NIXON IMPOUNDMENT RULED II
Ruling on N.Y. City, Detroit class action, asking for full allotment of sewage
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ENVIRONMENTAL NEWS SUMMARY
treatment funds under '72 Clean Water Act, U.S. Court of Appeals, D.C., upholds District
court ruling that Nixon illegally impounded $6 billion in pollution funds (See 1/17/74
News Summary). Court specified it's not ordering money spent, rather ordering it be al-
located to states for planning purposes; judges "express no opinion" whether funds could
be withheld at later step in spending process (Wash. Post, 1/25/74).
I INRELATED DEVELOPMENTS. EPA's Queries tells industry reps that agency facing
Tiany difficulties implementing '72 Clean Water Act, notes Kansa? City Star (1/17/74)
ne fundamental [problem] is a consistent failure to anticipate and allow for the
tforklcad implications of the new requirements."...."Fifteen frantic and often frustra-
ting months after enactment of the legislation, th.e federal cleanup people now concede
-hat Congress set overly ambitious goals within impossibly brief deadlines EPA has
found itself at times trying to deaT with speciffc pollution problems before'broad, over
li policy had been finally set in certain areas...industry, even where wanting to do the
ight thing, has sensed EPA's own uncertainty and has been understandably reluctant
nake costly plant changes for fear of being told, before too long, to go back and do it
all over differently."(Kansas City Times. 1/21/74)....On orders of House Subcommittee on
Conservation and Natural Resources,GAO has been conducting, since June, '73, hush-
hush investigation of EPA regional offices,announces Philadelphia Evening Bulletin
J/18/74). Subcommittee "concerned" that EPA not conducting environmental impact studies
^or sewage grant program; "source close to subcommittee" says investigation not directed
:oward criminal allegations, rather is a "fact-finding study."
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QUARLES THREATENS POWER PLANTS WITH CRIMINAL SANCTIONS
Citing recent hearings proving that effective pollution-control technology availa-
ble at reasonable cost, EPA's Quarles says agency will-start cracking down on "many plants"
stalling on installation of sulfur dioxide control equipment, and, if "good faith" not
shown, they may be prosecuted under '70 Clean Air Act to tune of $25,000 for each day's
violation, reports N.Y Times (1/23/74). Wall St. Journal (1/23/74). Possible repercus-
sions: Conflict with Federal Energy Office (which wants switch to high^sulfur coal) •
heavy utility lobbying effort if changeover involves substantial cost. Lonham Crawford,
)res., power industry trade association, says none of the EPA "feasible" controls have
proven...reliability on a full-scale electric generating plant..."
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TRAIN GETS PRAISE, CENSURE
Syndicated columnist Nicholas von Hoffman in Wash. Post (1/21/74): "A few people
in the government, like Russell Train...are suggesting that some very large changes are
in order, but in this administration, a guy like that has two strikes against him. Not
only is he an ecology minded fellow, which makes him some kind of nut, but he also labors
under the handicap of an impeccable personal and public reputation." Citing Train's
Jan. 16 press conference, Denver Post (1/20/74) relates that, "Train persistently said
he wasn t [being "Steamrollered" by energy crisis, oil companies], then laid out an en-
vironmental program that consisted chiefly of rolling back deadlines for environmental
legislation and easing up on polluters." Post says Train rejected tough statement puttir
agency on Offensive; adds that "EPA isn't looking after the environment," and "possibly
as a result of his approach to environmental protection, Train is losing able Bob San-
,, lack
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ENVIRONMENTAL NEWS SUMMARY
POLLUTION SOLUTION: $1 MILLION TO NIXON?
"More than $1 million was funneled into.. .Nixon's reeledtion campaign by fa.ig busi-
nessmen associated with a special administration commission that tried to soften pollu-
tion controls," says Minneapolis Tribune (1/20/74). Georgetown Um'v. law professor Will-
iam Rodgers says National Industrial Pollution Control Council, set up in '70 by Maurice
Stans to "counter the impact of environmentalists seeking tight controls on industrial
pollution," has published some p.r. material and useful data, "but it has served more
importantly as a lobbying forum for industries chafing under the regulatory bit."
TRAIN BLASTS "UNCONSCIONABLE" EMISSION ADS
Train asks Federal Trade Commission to investigate "new wave" of fuel ads advising
removal of emission control equipment to save gas, reports Wash. Star (1/21/74). Train
says ads may be "false and misleading. . .at best, only a 5 percent improvement in fuel
economy (overall). ..could be achieved by removing the equipment."
IN RELATED DEVELOPMENTS. EPA "quietly" testing late-model cars to determine gas
savings if emission controls removed, states Bergen County, N.J. Record (1/15/74).
Officials insist tests don't signal change in EPA anti -pollution controls, nor were
they conducted under Congressional, other federal pressure—in spite of numerous inqui-
ries to EPA from White House, Congress on what might represent "good compromise" be-
tween clean air, energy shortage.
IN OTHER EMISSION DEVELOPMENTS. In face of increased motorcycle sales (owing to
fuel shortage, auto pollution limitations), EPA announces it will propose emission stan-
dards for two-wheelers, reports Wash. Post (1/18/74). Train says, "On. ..average, an un-
controlled motorcycle emits 20 times more hydrocarbons per vehicle mile traveled than an
automobile controlled to '76 standards.". . .Letter from Philip Robinson, spokesman for
Lead Industries Assn., to N.Y. Times (1/21/74) says, "The EPA long ago determined lead
must be removed from gasoline"! TTFfer making this decision the agency then began a searc
for a scientific basis on which to justify this decision. ..The bulk of scientific evi-
dence still concludes that the public faces no risk from lead in the air. Thus, EPA is
pushing for a measure that will cost the nation dearly in terms of dollars and energy
supplies.". .. .Train says he'll seek legislation forcing Detroit to build cars using less
gasoline, says Chicago Tribune (1/17/74). He said plan, still being developed in EPA,
might involve taxes to discourage production of heavy, high- horsepower cars; perhaps
requirement that average car get 13.5 m.p.g.
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TUNNEY KNOCKS EPA ON SOLID WASTE
Sen. Tunney (D-Calif.), who believes energy from burning garbage "could light all
of America's homes and commercial businesses," criticizes EPA for its view that federal
government should not "at this time" directly finance waste-burning plants but only lend
"technical assistance." (San Francisco Chronicle. 1/18/74)
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PASSAGE OF LAND USE BILL SEh/I THIS YEAR
- Rep. Udall (D-AHz.) tells National Assn^of Home Builders that land use bill ap-
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ENVIRONMENTAL NEWS SUMMARY
proved with bipartisan support by House Interior Committee 1/22/74 and will pass Congres
this year. Adds that sanctions not likely to bee imposed on states not setting up their
own planning procedures. (Wash. Post, 1/24/74)
MICHIGAN NOISE LAW RULED VOID
Michigan Court of Appeals rules Muskegon noise ordinance unconstitutional on ground
of vagueness, notes Detroit News (1/20/74). Court says regs gave police unlimited dis-
cretion in charging violators.Ruling stemmed from '71 incident in which United Pente-
costal Church was cited for making too much noise with amplified music, prayers.
IN OTHER NOISE DEVELOPMENTS. N.Y. state will promulgate outdoor noise reas in abou
three months, with strictest controls in non-commercial lands such as wilderness areas
(Long Island Press. 1/9/74).
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OIL DRILLERS WANT ALL OF NATIONAL FOREST
U.S. Forest Service admits oil companies trying to lease all 251,000 acres of South
ern Illinois' Shawnee National Forest for oil, natural gas drilling, relates Chicago
Sun-Times (1/16/74). Encompassed by lease applications are several botanical zones con-
taining rare plants; two proposed tracts under Congressional consideration as untouched
wilderness areas.
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