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Supreme Court Affirms Right to Sue for Pesticide Harm

In a landmark decision, the Supreme Court has upheld the rights of citizens to sue for damages caused by pesticides, after Dow Chemical Company and the Bush Administration argued that the chemical industry should be shielded from such litigation. “This decision affirms a moral value that life is more precious than chemical company profits,” said Jay Feldman, executive director of Beyond Pesticides, a Washington, D.C.-based environmental group. The Bush Administration filed a brief in support of Dow Chemical, arguing against the rights of citizens who are poisoned or damaged from pesticide use. The case, Bates et al v. Dow AgroSciences LLC, involves Texas peanut farmers, who argued that the Dow herbicide Strongarm (diclosulam) ruined their crops, but were prevented from suing after Dow successfully argued in a lower District court that registration of pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) insulates it from citizen suits, or preempts litigation. The Bush administration weighed in the case on the side of Dow, officially reversing the position of the Clinton administration (see Etcheverry v. Tri-Ag Service, Bayer Corp, et al.). The Justice Department brief filed before the high court in late November, 2004 was designed to protect pesticide manufacturers when […]

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Bush Outlines Energy Plan As Prices Soar

President Bush, facing economic and political damage from soaring gas prices, offered proposals Wednesday to speed construction of nuclear power plants and oil refineries and boost sales of energy-efficient vehicles. Bush outlined his initiatives in his second energy speech in a week, reflecting growing concern in the White House that high energy prices are beginning to slow economic growth and undercut the president’s approval rating. Speaking to small business leaders, Bush lamented that he was powerless to cut gas prices. “I wish I could,” he said. “If I could, I would.” “This problem did not develop overnight and it’s not going to be fixed overnight. But it’s now time to fix it,” he said. Bush said the problem is that energy supplies are not growing fast enough to meet the growing demand in the United States and in other countries. “See, we’ve got a fundamental question we got to face here in America,” Bush said. “Do we want to continue to grow more dependent on other nations to meet our energy needs? Or, do we need to do what is necessary to achieve greater control of our economic destiny?” America has not ordered a new nuclear power plant since the […]

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Renewables Developers Provide Strong Response to Michigan RFP

Consumers Energy says they received 26 proposals for 22 projects from renewable energy developers – a strong response to Michigan’s Consumers Energy’s request for proposals. “I am pleased by the excellent response of renewable energy developers to participate in Consumers Energy’s renewable energy program,” said J. Peter Lark, chairman of the Michigan Public Service Commission. “This response mirrors the interest of electric customers. The MPSC has received more letters in support of renewable energy in Michigan than any other subject in its history. These renewable energy projects are a major step forward in the use of renewable energy sources in Michigan, and that benefits the whole state.” Renewable energy projects proposed by developers include facilities expected to be located in Michigan’s Lower Peninsula that would generate electricity using landfill gas, hydro, waste wood, wind and biomass as fuels. Consumers Energy will follow guidelines established by the MPSC as part of the next steps for this program. This includes careful evaluation of the proposed projects, negotiation of contracts with projects selected, and subsequent submittal to the MPSC of the final projects and contracts. The contracted projects ultimately could increase the amount of renewable energy purchased by Consumers Energy by about 25 […]

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Japan Adopts Measures to Cut Greenhouse-Gas Emissions

TOKYO, Apr 28, 2005 (Kyodo via COMTEX) — The Japanese government adopted Thursday a set of measures to cut emissions of greenhouse gases in a bid to fulfill its Kyoto Protocol obligation of reducing emissions by 6 percent from the 1990 level by 2012. As part of the government’s anti-global warming efforts, Cabinet members also agreed they and all government employees will generally dress lightly — without jackets and neckties — in the summertime, officials said. Prime Minister Junichiro Koizumi issued a statement saying the government’s package of measures was “the first step” toward fulfilling Japan’s goal under the Kyoto Protocol and urging cooperation from local governments, businesses and the general public. “It is by no means easy to fulfill our country’s reduction target, but we will lead other countries around the world in proceeding with anti-global warming measures,” Koizumi said. The package calls on businesses and citizens to switch to energy-saving appliances and urges the central government to promote the use of fuel cells and solar energy, the officials said. It calls on government ministries to draft their own energy-saving plans by June. But analysts say it may be difficult for Japan to attain its target because it would […]

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