CLEAR March 2007

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Cheat Canyon Settlement
by Duane330＠aol.com 28 Mar '07

28 Mar '07

To: CLEAR members and friends From: Duane Nichols, President. RE: Settlement Agreement For Snail and Bat CLEAR has assumed an obligation to help raise funds to pay for the Expert Team and the Delineation Team scheduled (see below) to prepare a Report on criteria and procedures for the identification and marking of potential habitat for the Cheat three-tooth snail in the Cheat Canyon, on the lands of Allegheny Wood Products (AWP). AWP will pay the upfront costs and the three Plaintiff organizations [CLEAR, Sierra Club--State Chapter, and Friends of Blackwater], will raise funds to the extent possible so as to share these costs. Here is a fund-raising plan, for your comment and approval: 1. CLEAR can allocate $1,000 as matching money, from the general fund and from "in-kind" contributions, i.e. the value of the time of CLEAR persons who work in the project. 2. Another $1,000 from the Friends of the Cheat, as actual funds and "in-kind" contributions. 3. The sum of $2,000 from the Mon County Commission, to be requested in April. 4. The sum of $2,000 from the Preston Co. Commission, to be requested in April. 5. Up to $3,000 from other local grants. 6. Up to $10,000 from a grant application to the National Fish and Wildlife Foundation. Please provide comments, questions, and your voice of support or otherwise. See below for more details at this time. Duane Nichols >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE LEGAL SUIT TO PROTECT AND PRESERVE THE FLAT-SPIRED THREE TOOTH LAND SNAIL IN THE CHEAT CANYON WAS SETTLED ON FEBRUARY 5, 2007. ACCORDING TO THE SETTLEMENT AGREEMENT, COORDINATORS WOULD BE SELECTED, THEN AN EXPERT TEAM WOULD BE SET UP TO WRITE A REPORT LAYING OUT CRITERIA FOR THE IDENTIFICATION OF POTENTIAL HABITAT FOR THE SNAIL. THE IS CALLED THE DELINEATION REPORT, AND IT WILL BE USED STARTING ON JULY 21, 2007 TO REVIEW 5 PERSERVES THAT HAVE BEEN SET ASIDE IN AREA 3, THE MOST IMPORTANT SNAIL AREA, AND TO STUDY THE REMAINDER OF AREA 3 FOR THE EXISTENCE OF ADDITIONAL POTENTIAL HABITAT. THIS IS GOING TO BE A RATHER RIGOROUS SET OF CRITERIA AND DELINEATION PROCESS, AS REQUIRED BY THE SETTLEMENT. The Schedule below provides some insight into what the specific steps are to be. I plan to set up a public meeting in April to provide an opportunity to gather for a discussion of the process and the data. Settlement Agreement Activity Schedule 1. Selection of Coordinators (15 days): 2-5-07 to 2-20-07. (Complete) Coordinators: Kelly Riddle, AWP, and Duane Nichols, CLEAR 1. Selection of Expert Team (30 days): 2-21-07 to 3-22-07. (Complete) Tom Pearce, Carnegie Museum of Pittsburgh, Ron Caldwell, Cumberland Mountain Research Center, Tom Watters, Ohio State University, and Dan Dourson, Belize Foundation for Research and Environmental Education. [Fixed fee of $3500 per Expert]. *3. Prepare draft delineation report (75 days): 3-23-07 to 6-5-07. *4. Review draft delineation report (15 days): 6-6-07 to 6-20-07. *5. Prepare final delineation report (30 days): 6-21-07 to 7-20-07. *6. Seek advice of expert team on possible research projects: 6-6-07 to 7-20-07. 1. Selection of delineation team (30 days): 6-21-07 to 7-20-07. 1. Complete delineation of Area 3 (balance of year 2007): 7-21-07 to 12-31-07. 1. AWP begins timbering in Area 3: 11-15-07. 1. Complete all delineations in Area 3 and on the South Side of Canyon: 7-21-07 to 11-15-09. * - Note: The responsibilities of the Expert Team are those of Items 3, 4, 5 and 6. During the draft review, Team members may be called upon to present the draft to others and answer questions about the draft. ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Search for New W.V.U. President
by duane330＠aol.com 26 Mar '07

26 Mar '07

RE: SEARCH FOR NEW W.V.U. PRESIDENT................ FROM: Duane Nichols, B.S.Ch.E. 1959. NOTE: You can send your comments as correspondence to the following email address, to which everything sent will be provided to the Search Committee: PresidentSearch(a)mail.wvu.edu If you would prefer a hard copy address, you can send to: WVU Board of Governors, c/o Board Secretary, West Virginia University, PO Box 6201, Morgantown, WV 26506. Profiles of the 3 finalists for president of WVU The Dominion Post Daniel Bernstine Daniel Bernstine, 59, has been president of Portland State University since August 1997. Portland State has about 24,000 students, 2,049 faculty, a budget of $429.7 million, and research expenditures of $40 million, according to the PSU Web site. Before coming to PSU, Bernstine served as dean of the University of Wisconsin Law School from 1990-’97. He served as general counsel of Howard University from 1987-’90 and also as the interim dean of Howard University Law School from 1988-’90. Bernstine graduated from the University of California at Berkeley with a B.A. degree in 1969, from the Northwestern University School of Law with a J.D. degree in 1972, and received his LL.M. degree from the University of Wisconsin Law School in 1975. He received Honorary Doctor of Law degrees from Hanyang University, Seoul, Korea, in 1999, and from Waseda University, one of the top two private universities in Japan, in 2003. Bernstine was awarded an Honorary Doctor of Human Letters degree from Nizhny Novgorod Linguistic University, in Russia, in 2004. In 2005, Bernstine was awarded the Michael P. Malone International Leadership Award in recognition of his work in internationalization in higher education. He was given the International Citizen Award by the Oregon Consular Corps in 2004. >From 1972-’73, Bernstine was a staff attorney with the Office of the Solicitor at the U.S. Department of Labor, and from 1974-’75, he was the William H. Hastie Teaching Fellow at the University of Wisconsin Law School. From 1975-’78, Bernstine was assistant professor at Howard University Law School. He joined the University of Wisconsin Law School faculty in 1978 and was on leave from Wisconsin while serving as general counsel and interim law school dean at Howard. Among other schools, Bernstine has been a visiting law professor at the Inter-American Comparative Law Institute at the University of Havana Law School, in Havana, Cuba, and Justus-Liebig-Universitat in Giessen, Germany. He has served as a member of the National Conference of Bar Examiners Multi-State Torts Drafting Committee and the American Law Institute. He has served on the Association of American Law Schools Committee on Accreditation, and the Supreme Court of Wisconsin Board of Bar Examiners. Bernstine has also been involved in Portland organizations such as the United Way of Columbia-Willamette. According to the Chronicle of Higher Education, Bernstine’s annual salary is about $340,000. He also receives about $50,000 toward his retirement. His total compensation is $390,000. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Mike S. Garrison Mike Garrison, 38, a native of Fairmont and the only finalist working in West Virginia, resigned Wednesday as chair of the Higher Education Policy Commission, a position he was named to in July 2006. The commission is responsible for developing, establishing and overseeing the implementation of a public-policy agenda for the state’s fouryear colleges and universities — including WVU. State law would have required Garrison to step down as chair if he was named WVU president. Garrison said he resigned prior to this week’s announcement that he is a candidate to avoid the appearance of any impropriety. According to the state Auditor’s Office, Garrison received no state salary for this job. He is a lawyer and the managing partner for the Morgantown office of Spilman, Thomas and Battle, PLLC, which has offices in West Virginia, North Carolina and Pennsylvania. Garrison is registered as a lobbyist with the West Virginia Secretary of State’s office. His clients include companies in the Morgantown area such as Mylan Laboratories and Platinum Properties. Two members of the WVU Board of Governors are on the board of directors at Centra Bank, another of Garrison’s clients. Garrison received a bachelor’s degree in political science and English literature from WVU in 1992. He served his alma mater as student body president. Garrison spent a year in England as a Rotary Scholar at Oxford, then returned to Morgantown to attend the WVU College of Law, which he graduated from in 1996. He teaches “Politics in West Virginia” at the university, though he is not teaching this semester. Garrison said he does not draw a salary for teaching this course. Garrison’s public service experiences include work as a legislative assistant for both Sen. Robert C. Byrd, D-W.Va., and Rep. Alan B. Mollohan, D-W.Va. Garrison was a member of former Gov. Bob Wise’s administration when he was appointed cabinet secretary of the Department of Tax and Revenue, in January 2001. In May 2001, Garrison became the governor’s chief of staff, a position he held until October 2003. Wise later appointed him to serve as a member of the commission in 2003. Garrison was a member of Joe Manchin’s transition team when he was elected West Virginia governor, in 2004. Garrison is active on many boards and associations related to the university. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< M. Duane Nellis Nellis, 52, became Kansas State University’s provost in June 2004, after serving for seven years at WVU as dean of the Eberly College of Arts and Sciences. As provost, Nellis serves as chief academic officer of Kansas State, which has more than 23,000 students, 1,500 faculty, a budget of more than $683 million and research funding that exceeds $197 million. Nellis said he earns $220,000 a year as provost. Nellis also serves as a representative of the president and in place of the president during his absence. At WVU, Nellis led a capital fundraising campaign, oversaw the planning and construction of a $50 million Life Sciences building, and established a new Center for Writing Excellence and a Math Learning Institute. Nellis completed his Ph.D. in geography from Oregon State University in 1980 and accepted his first academic appointment at KSU. Prior to his departure in 1997 for WVU, Nellis served as head of Kansas State’s department of geography, and then senior associate dean of the College of Arts and Sciences, according to WVU News and Information Services. Nellis recently served as president of the Association of American Geographers, one of the largest professional geography organizations in the world. He is past president of the National Council for Geographic Education, past president of Gamma Theta Upsilon, the International Geographic Honor Society, past president of the Kansas Academy of Sciences, and serves as an executive committee member of the National Association of State Universities and Land Grant Colleges Chief Academic Officers. Nellis is recognized for his research using satellite data and geographic information systems to analyze various dimensions of the Earth’s land surface, according to WVU News and Information Services. This research has been funded by grants totaling more than $3 million from sources such as NASA and National Geographic Society. He has been recognized through numerous awards, such as being named a Fellow of the American Association for the Advancement of Science, National Honors from the Association of American Geographers and the AAG’s John Fraser Hart Award for Excellence in Research, At WVU, he received the Neil S. Bucklew Award for Social Justice in 2003 and the University’s Leadership Award for Safety in 2002. He is also an honorary member of Phi Beta Kappa and Golden Key National Honor Society. Nellis completed his undergraduate degree at Montana State University before pursuing his graduate work at Oregon State University. ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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(no subject)
by duane330＠aol.com 26 Mar '07

26 Mar '07

Hazardous Waste : EPA To Amend Universal Waste Rule To Include Hazardous Pharmaceuticals The Environmental Protection Agency is moving to regulate hazardous pharmaceuticals under its hazardous waste rules in order to ensure proper disposal so the drugs do not enter U.S. waters through wastewater effluent, an agency official said March 23. EPA will amend its universal waste regulations under the Resource Conservation and Recovery Act to include pharmaceutical products, according to Ed Ohanian, director of the Health and Ecological Criteria Division in the agency's Office of Water. Ohanian made his remarks at a congressional briefing on compounds of emerging concern that are finding their way into lakes, streams, and rivers. It was organized by the Water Environment Federation. Ohanian was describing EPA's regulatory and voluntary efforts to prevent the disposal of pharmaceuticals, cosmetics, and household chemicals into the environment. EPA's universal waste regulations at 40 C.F.R. §273 streamline hazardous waste management standards for federally designated "universal wastes," which include batteries, pesticides, mercury-containing equipment such as thermostats, and lamps, according to the agency. The regulations govern the collection and management of the widely generated wastes, thus facilitating environmentally sound collection and proper recycling or treatment, according to EPA. The purpose of the rules is to reduce hazardous waste in the municipal solid waste stream by making it easier for universal waste handlers to collect these items and send them for recycling or "proper" disposal. Ohanian did not say when the agency would propose a rule to include pharmaceuticals under the universal waste regulations. "We are working on it now," he said. In February, Ohanian said, the White House released guidelines on the proper disposal of prescription drugs to prevent misuse of the drugs and to prevent water and soil pollution (36 DEN A-7, 2/23/07). The guidelines, Proper Disposal of Prescription Drugs, provide five recommendations for handling drugs, including flushing them down the toilet, but only when the Food and Drug Administration specifies it can be done safely. The guidelines were developed by the White House Office of National Drug Control Policy, along with the Department of Health and Human Services and EPA. Also due out in December 2007 is a research strategy compiled by a White House task force charged with developing an integrated approach to identify research needs for pharmaceuticals and personal care products that are entering waterways, Ohanian said. Studies Expected Soon Aside from regulating hazardous pharmaceutical drugs under the universal waste rule, Ohanian said the Office of Water is working on three studies that will help the agency decide whether to regulate such compounds under the Clean Water Act. Under the water law, EPA can establish water quality criteria for pollutants and regulate discharges from water treatment plants, among other actions. Ohanian did not indicate what action, if any, the agency might take. According to Ohanian, the Office of Water expects to complete in December a study of fish tissue for the presence of 37 pharmaceuticals found in discharges from five treatment plants. Next year, it will finish a study of discharges from 10 publicly owned wastewater treatment plants to decide whether to require treatment of additional compounds, including pharmaceuticals. In December 2008, the office will complete a biosolids sludge study that tests for the presence of 75 contaminants and the risk they pose to the environment. Ohanian's remarks were underscored by Dana Kolpin, chief of the U.S. Geological Survey's toxic substances hydrology program, who told the briefing that the USGS has "definitive" evidence from laboratory experiments in Boulder, Colo., and other places around the country that chemical compounds found in pesticides, agricultural runoff, stormwater runoff, household detergents, and drugs that pass through wastewater treatment plants are responsible for "feminizing" male fish downstream of such plants. "Whether the feminizing of male fish affects populations as a whole is another whole field of study and is beyond my expertise," Kolpin told BNA after the briefing. "The estrogenic effect is occurring downstream of wastewater plants." By Amena H. Saiyid [The Bureau of National Affairs]. BNA's Daily Environment Report, March 26, 2007 ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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National Children's Study gets funds
by Duane330＠aol.com 08 Mar '07

08 Mar '07

WHAT IS THE NATIONAL CHILDREN'S STUDY? The National Children's Study will examine the effects of environmental influences on the health and development of more than 100,000 children across the United States with the goal to improve their health and well-being. The study has designated 105 locations in the United States where it will recruit and enroll eligible participants, and track them from before birth until their 21st birthday. The pace of the study preparations benefited from a recent Congressional appropriation of funds for fiscal year 2007. For more information, go to _http://www.nationalchildrensstudy.gov/about/mission/index.cfm_ (http://www.nationalchildrensstudy.gov/about/mission/index.cfm) <BR><BR><BR>**************************************<BR> AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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CLEAR March 2007