anti-CRA rider passed, other

[ttweed@wildrockies.org (Tony Tweedale)]

so why doesn't anyone in the political spectrum sue to invalidate portions
of laws (riders) passed w/out the constitution's paint-by-numbers
how-to-enact-a-law system?  I mean how many public, particpatory cmtee
markup debates & floor debates does one of these riders have to sneak by
before it's unconstitutional?
---

Up Against the Environmental Justice System. The Washington Post,
October 23, 1998, ppF1&4.

     The U.S. Chamber of Commerce thinks that "environmental
justice" is actually discriminatory to business and to minorities
that might benefit from having industry move in to their
neighborhoods. The chamber fears that private investment will be
shut out of poor communities.
     Currently, the EPA applies a set of guidelines that can
overrule local decisions to put factories in areas with
predominantly minority populations.  The chamber, along with a
group of mayors, state regulators and governors, wants to see
these guidelines changed.
     In accordance with this view, Congress recently passed an
appropriations bill containing a provision that stops EPA from
supporting suits from community groups who use provisions of the
Civil Rights Act to stop the construction of an industrial
facility because the feel minorities are burdened with the
majority of the country's pollution.
     The clause "takes away an EPA procedure that lets them act
like a zoning board," said William Kovacs, vice president of
environment at the Chamber of Commerce.
     Supporters of EPA's environmental justice concept say that
the provision won't have much practical effect as the agency is
currently working on 15 pending complaints, and the provision
will still allow for these complaints to be handled.
     Both sides of the issue agree that this is just the newest
wrinkle in the environmental justice debate.  "Around the
country, it is communities of color raising this issue," said
Damu Smith, toxics specialist with Greenpeace.  "They are tired
of being dumped on, tired of being host to dirty polluting
industries and then not getting the jobs [from new industry]."
     A 1994 executive order gave federal agencies the ability to
argue any civil rights violations by state agencies that receive
federal funds.  This executive order was opposed by both industry
and black mayors, who felt that the policy was illegal and that
it kept jobs and industry from economically failing areas of
cities.
     In February, EPA published "interim guidelines" that they
would use in deciding whether building a facility in a certain
community was discriminatory against that neighborhood.  These
too, were met with opposition.
     "The interim guidance is fundamentally flawed.  It's vague.
It doesn't have specific criteria.  It needs to be radically
fixed," said Russ Harding, director of Michigan's Department of
Environmental Quality.
     EPA realizes that the guidelines aren't perfect, and
Administrator Carol Browner said they're a starting point "so we
can shape a final policy that works for everyone."  EPA has
comprised an advisory committee to aid in the finalization of the
guidelines.
     Until then, those in favor of the environmental justice
concept want to make sure that the EPA guidelines are kept in
place and are broadened.
     "The health of the citizens has to be the first priority,"
said an aide to Rep. John Conyers Jr. (D-MI), who is African
American.


Those Environmental Riders [Editorial]. The Washington Post,
October 22, 1998, pA24.

     The editors of the Washington Post bemoan the survival of
several anti-environment riders in the budget bill that was
signed by the President yesterday. They suggest that if the
administration had in fact refused to sign the bill with the
riders, as Vice President Gore had originally promised, then the
Republicans would likely have backed down.
     Remaining in the bill were provisions giving the renewal of
federal grazing permits immunity from environmental laws,
allowing local interest groups to determine the foresting rules
in some national forests in California, delaying the phase out of
a pesticide, and preventing tougher emissions controls on sports
utility vehicles.
     The editors conclude, "The 'victory' the administration
claimed over the Republican Congress lay mainly in preventing
more such setbacks - keeping Senate Majority Leader Trent Lott
from exempting the scrap metal industry from the Superfund law,
for example. Limiting such losses was not a trifling
accomplishment, but it was not exactly inspiring, either."



"Charles Lawrence Trichilo; EPA Executive [Obituaries]."
Washington Post, 21 October 98, B8.
     Charles Lawrence Trichilo died on Oct. 18 from pneumonia and
     other complications following a bone marrow transplant.  He
     was 53.  Mr. Trichilo worked at EPA for 22 years before
     retiring on disability in the summer of 1997.  He was a branch
     chief and quality control coordinator for the agency's "office
     of pesticides and toxic substances."  Mr. Trichilo won public
     service recognition awards, and EPA's Charles Trichilo Award
     for exemplary service was created in his honor.


"Appleton, Wisconsin [Across the USA]."  USA Today, 22 October 98,
4A.
     Preparations are underway by sediment removal experts to
     extract 34 PCB-contaminated deposits from the Fox River
     between Green Bay and Menasha. The engineers are hopeful that
     a 12,000 cubic yard mass will be removed by Christmas.
[that's the full text]