WaterBriefs: Supreme Court begins review of water quality regulations

Also in this report: Carbon cartridge sales to pass $6B by 2009; Jacobs wins Detroit deal; Three go live on CIS Infinity; Israel becoming world leader in water management; Industrial water reuse gets boost in Europe, M.E.; Panel reviews New Orleans levee progress; B&V to improve infrastructure, cut flooding in Vietnam; Aquatech sells ZLD system for FGD wastewater treatment; Tyco Adhesives now Apollo's Covalence; Telvent to manage water in Belo Horizonte; Mayo Clinic adopts Labronics software...

In other news below:
-- Carbon cartridge market to exceed $6 billion by 2009
-- Jacobs receives contract from Detroit Water and Sewerage Department
-- Three organizations go live on Advanced Utility Systems' CIS Infinity
-- Wataire Industries Inc. announces distributor update, sales in Mexico, Thailand
-- N-Viro appoints Kasmoch as president, CEO
-- Chemtura announces organizational changes
-- IRC to host water supply, sanitation symposium in Netherlands in September
-- Israel rapidly becoming a world leader in water management
-- Growth to encourage investments in industrial water recycling in Europe, Middle East
-- ASCE panel satisfied with progress of Corps' New Orleans levee
-- Black & Veatch to help improve infrastructure, reduce flooding in Vietnam
-- PROFIBUS trade organization announces new certification training courses
-- Aquatech sells ZLD system for FGD wastewater treatment in Springfield, IL
-- Viking Johnson's LinerGrip guards against leaks in Netherlands
-- Water quality trading offer more economic opportunities to agricultural producers
-- Apollo Management renames Tyco Adhesives as Covalence Specialty Materials Corp.
-- Telvent to upgrade EPCOR's SCADA system, manage water in Belo Horizonte, Brazil
-- Mayo Clinic adopts Labronics software

Supreme Court reviews water quality regulations
Conservative policy group sees it as long-awaited chance for revival of property rights -- WASHINGTON, DC, Feb. 21, 2006 -- The U.S. Supreme Court today hears arguments over the reach and constitutionality of the Clean Water Act, setting the stage for a potentially historic verdict on property rights and federalism.

"The Clean Water Act represents a view of environmental policy that tramples property rights, centralizes regulatory authority and crowds out private efforts to safeguard local environmental quality," said Competitive Enterprise Institute Counsel for Special Projects Hans Bader. "A critical re-evaluation of the reach of federal environmental regulation, and of the Clean Water Act in particular, is long overdue."

Signed into law by Richard Nixon in 1972, the Clean Water Act made it illegal to discharge pollutants into "navigable waters" without a permit. In subsequent years, federal regulators interpreted that prohibition to apply to small streams, low-lying wetlands and even dry creek beds which clearly do not meet the definition of "navigable." The cases before the Supreme Court today are challenging the extension of the Act's authority to these areas, which are often many miles from actual open waterways.

The Government relies on an incredibly far-reaching "hydrological connection" theory. If a parcel of land contains water that is "hydrologically connected" to open waterways, it is deemed to be in "navigable waters," no matter how tenuous the connection is. Of course, all water flows downhill, and thus is "hydrologically connected" to navigable waters. The Government's theory thus gives it boundless power over much of the continental United States, including millions of acres of mostly dry land that it redefines as wetlands.

"The Government's use of attenuated links between parcels of land and distant waterways to regulate such land as 'wetlands' violates the Constitution" said Bader, citing the Supreme Court's 2000 decision limiting federal powers in United States v. Morrison, a case which he helped litigate. "The government is defending its expansive definition of wetlands based on the Interstate Commerce Clause, saying wetlands affect interstate commerce. But the Morrison decision held that an activity's 'attenuated effect upon interstate commerce is not enough' to justify federal regulation, even if it has a major but indirect 'aggregate effect' on the economy. Instead, the Supreme Court held there must be a close, 'substantial relationship' between what the government is regulating and interstate commerce. There isn't any 'substantial relationship' between land next to a drainage ditch and interstate commerce, yet that is the land the government wrongly sought to use the Clean Water Act to control in today's case."

CEI (www.cei.org) is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.

Also see:
-- "Dirty Water: The Supreme Court takes a long, tall drink from the Clean Water Act" (Slate)
-- "Environmental brief - Supreme Court hears wetlands, dam cases" (The Jurist)
-- "Supreme Court Justices Grapple With Scope of Clean Water Act, Role of Wetlands in Protecting Navigable Waters" (AScribe)
-- "Supreme Court Cases Threaten Scope of Clean Water Act" (CommonDreams)
-- "Supreme Court cases highlight importance of ownership society; 'Stop giving property owners perverse incentives,' says NCPA E-Team scholar"
-- "A test of U.S. authority over waterways" (Christian Science Monitor)
-- "Water cases could ripple across area"


Among other recent headlines:

Carbon cartridge market to exceed $6 billion by 2009 -- NORTHFIELD, IL, Feb. 21, 2006 -- Due to the booming residential market, the sales of carbon cartridges to purify drinking water will exceed $6 billion worldwide in 2009. This is the latest forecast in the online McIlvaine report, "Cartridge Filters: World Markets." The total cartridge market in 2009 will exceed $14 billion. Non-woven cartridges will account for $4 billion while membrane cartridge sales will be $3.5 billion. Metal and string-wound segments are relatively small...

Jacobs receives contract from Detroit Water and Sewerage Department -- DETROIT, Feb. 21, 2006 -- Jacobs Engineering Group Inc. announced today that a subsidiary company received a contract from the Detroit Water and Sewerage Department (DWSD) to provide detailed design and construction management services for the Upper Rouge Tunnel. Company officials anticipate the value of the 7-year contract will be $73.5 million. The Upper Rouge Tunnel Combined Sewer Overflow (CSO) project involves 10 miles of an approximate 30-foot diameter underground tunnel that will capture and store combined sanitary sewage and storm water flows from 17 Rouge River sewer overflow locations plus the cities of Redford and Dearborn Heights. It will significantly reduce the incidents of polluted waters flowing into the Rouge River and, therefore, reduce pollution to surface waters of the area...

Three organizations go live on Advanced Utility Systems' CIS Infinity -- TORONTO, ON, Canada. Feb. 21, 2006 -- Advanced Utility Systems Corp. announces that after several months of hard work and dedication the city of Colton, CA, the city of Westminster, CO, and Shawano Municipal Utilities have completed the implementation of CIS Infinity® and are now live on the customer information and billing software offered by Advanced. The city of Colton, which provides electric, water, and wastewater services to 19,000 customers went live on CIS Infinity on Oct. 14. The city of Westminster, which provides water, sewer, stormwater and concrete replacement services to 30,000 customers, went live on CIS Infinity on Dec. 12, as did Shawano Municipal Utilities, in Shawano, WI, which bills for electric, water, sewer and telecommunications services to its 5,000 customers...

Wataire Industries Inc. announces distributor update -- VANCOUVER, BC, Canada, Feb. 21, 2006 -- Wataire Industries Inc., an international company focusing on developing and delivering technology-based water harvesting systems worldwide, is pleased to announce confirmation of orders to Mexico and Bangkok, Thailand. Wataire Industries has received confirmation of sale to Tecno Alta Distribucion of Mexico City, Mexico, for the purchase of one container of WII 4010 Atmospheric water generators. The company is also participating with Tecno Alta Distribucion in the "World Water Expo" being held from March 16-2 in conjunction with the "4th World Water Forum" and World Water Day festivities, which are being hosted by Mexico City. In Thailand, Mediterranean Industries and Consulting Services Ltd has placed an order for one 2,500 liter per day Commercial/Industrial Water Generator to be used for demonstration purposes by Mediterranean at Saengvith Science Co.
Ltd. in Bangkok...
Also see:
-- "Wataire Industries Inc. to be featured on Discovery Channel 'Daily Planet' program"
-- "Wataire Industries announces acquisition of second manufacturing facility"

N-Viro appoints Kasmoch as president, CEO -- TOLEDO, OH, Feb. 21, 2006 -- N-Viro International Corp. announced today that the board of directors, at its regularly scheduled winter meeting, named Tim Kasmoch as its president and CEO. Kasmoch, of Archbold, Ohio, is president of Gardenscape of Canada Ltd. and vice-president of Tri-State Garden Supply Company Inc. These companies together are one of the largest regional enterprises in the nation in the production and sale of retail bagged soils and soil improvement products...

Chemtura announces organizational changes -- MIDDLEBURY, CT, Feb. 21, 2006 -- In order to place greater focus on specific businesses and functional areas, Chemtura Corp. announced the following organizational changes, effective immediately: Performance Chemicals will report to chairman and CEO Robert Wood with the departure of Myles Odaniell, who headed the division as executive vice president, as well as Robert Weiner, who was executive vice president of Supply Chain Operations. Gregory McDaniel has been promoted to executive vice president of Strategy, New Business Development and Technology. He's also responsible for Industrial Water Treatment on an interim basis. John Lacadie, who heads Global Research & Development, will report to McDaniel...

IRC to host water supply, sanitation symposium in Netherlands in September -- DELFT, The Netherlands, Feb. 21, 2006 -- International Water and Sanitation Centre's 2006 symposium will focus on "Sustainable Water Supply and Sanitation: Strengthening Capacity for Local Governance," to be held Sept. 26-28. Decentralization has shifted roles and responsibilities from national government to local government and other intermediate level bodies. Many of the actors who have emerged at this level struggle with their new responsibilities and with roles for which they are not fully equipped in terms of financial resources, knowledge, methodologies, tools and experience. Organization seeks abstracts for papers to be presented...

Israel rapidly becoming a world leader in water management -- NEW YORK. Feb. 21, 2006 -- David Wanetick, managing director of The Wall Street Transcript, which will host the Profiting in the Water Industry Conference in June, said "Israel is becoming a world leader in water management. Due to its population and industrial growth, scarcity and threats of having its water supply disrupted by Syria and Lebanon, Israel has been forced to become resourceful in its management of water." He noted:
-- Ashkelon, Israel is home to the world's largest operating desalination facility.
-- Despite its tiny geography, Israel's climate is representative of half the world's climates.
-- Israel has 31 desalination facilities and 1,200 wells. Israel recycles 75% of its water. The second largest water recycler is Spain, with 12% recycling. Israel's Water Commission anticipates that Israel will desalinate 20% of its water consumption by 2010.
-- Israeli venture capitalists are becoming more active in investing in water-related technologies. For instance, the Millennium Materials Technologies Fund is reported to have allocated at least $20 million to the water sector. Also, Kinarot -- The Jordan Valley Technological Incubator -- which is active in water investments, is being privatized...

Double-digit growth projections to encourage investments in industrial water recycling, reuse equipment market in Europe, Middle East -- LONDON, Feb. 20, 2006 -- Water shortage is becoming a pressing global issue, especially in Southern Europe and the Middle East. Consequently, the industrial water recycling and reuse equipment market is likely to expand tremendously in the next five to 10 years, according to a new report from market analyst and strategic consultant Frost & Sullivan. With ever-tightening legislation, participants are becoming increasingly keen to consider more onsite water solutions to avoid rising water supply and effluent discharge costs. In order to seize market share, market participants are targeting various lucrative end user segments such as organizations that use high volumes of water and those that can reclaim valuable materials by recycling and reusing water such as the pulp and paper and microelectronics sectors. Besides, the enforcement of strict regulations regarding waste disposal and resource consumption is set to bring in a more convincing economic business case for industrial water recycling and reuse equipment between 2010 and 2015. The industrial market for water recycling and reuse equipment in Europe and the Middle East earned revenues of US$279 million over a three-year period from 2003 to 2005. With anticipated annual of growth of about 7%, this market has the potential to earn US$531 million from 2012-2014...

Review panel satisfied with progress of Corps' New Orleans levee performance assessment -- American Society of Civil Engineers' External Review Panel says organizational and system issues need 'urgent attention' -- RESTON, VA, Feb. 20, 2006 -- Nearly six months after Hurricane Katrina's devastation of New Orleans and Southern Louisiana, many important questions remain about the performance of the region's hurricane protection systems. Were the levees built as designed, and if so, did they perform as intended in their design; and how big a role did the interaction between the multiple independent local levee districts have on the system's overall performance? While expressing overall satisfaction with the work product and progress made to date by the U.S. Army Corps of Engineers' investigation, performed by the Interagency Performance Evaluation Task Force (IPET), a report issued today by the American Society of Civil Engineers' (ASCE) External Review Panel (ERP)--a group organized to provide independent peer review of the IPET's work--identifies four key areas that require urgent additional attention. Recognizing that most of these key areas fall outside of the IPET's assigned scope of work, the ERP nonetheless strongly believes they warrant immediate and thorough examination...

Black & Veatch provides consulting services to improve infrastructure, reduce flooding in Vietnam -- HANOI, Vietnam, Feb. 20, 2006 -- Black & Veatch announced today that it has begun work on a US$5 million contract with the Government of Vietnam to provide consulting services for The Central Region Urban Environmental Improvement Project, which will improve infrastructure and reduce flooding in the country's growing central region. The project, financed by the Asian Development Bank (ADB) and Agence Française de Developpement (AFD), will benefit approximately 660,000 people living in six central provinces in Vietnam. Rapid urbanization, coupled with a lack of investment in urban infrastructure, has increased flooding in the area. In addition, inadequate sewerage and sanitation infrastructure have increased residents' exposure to environmental and health risks as flood waters become severely polluted with sewage. The lack of access to good urban services has constrained investment and growth in the towns, which has impacted the quality of life and accentuated poverty of the urban residents. The project will upgrade and extend 374 km (232 miles) of drainage and 49 km (30 miles) of sewer network, add a combined wastewater treatment capacity of 18,250 m3/day (4.8 million gallons per day), and result in construction of seven pumping stations, five landfills and 37 km (23 miles) of access roads...

PROFIBUS trade organization announces new certification training courses -- SCOTTSDALE, AZ, Feb. 20, 2006 -- The PROFIBUS Trade Organization (PTO) and the PROFI Interface Center (PIC) announced two new courses as part of the PROFItech Certification Training Course program for 2006. The two new classes added to the program include a PROFIBUS Installer's Class and a PROFINET Certified Network Engineering Class. This year marks the sixth anniversary of PROFItech certification program and more than 300 attendees have been designated Certified PROFIBUS Network Engineers...
Also see: "OPC president announces two appointments to foundation's board"...

Aquatech secures order for FGD wastewater treatment zero liquid discharge system -- CANONSBURG, PA, Feb. 20, 2006 -- Aquatech International Corp. announces a multimillion dollar zero liquid discharge (ZLD) contract awarded to the company by the city of Springfield, IL, for the mitigation of boron from the flue gas desulfurization (FGD) wastewater generated at the Dallman Power Plant...

Viking Johnson's LinerGrip guards against leaks in Netherlands -- SHEFFIELD, United Kingdom, Feb. 20, 2006 -- Viking Johnson's PE pipeline liner termination technique has provided a 'no-leak' solution for a re-lined water main in Haarlem, The Netherlands. The 980-mm diameter pipeline carries treated water for Amsterdam beneath Haarlem's historic central area, where excavations in the narrow streets had to be kept to a minimum...

Water quality trading and other economic opportunities for agricultural producers -- ARLINGTON, VA, Feb. 17, 2006 -- There is a flattening out of the upward curve of progress towards better water quality in America. We confront seemingly intractable challenges, primarily stemming from our inability to grapple with diffuse, polluted runoff, so-called nonpoint source pollution, most of which, like row crop agriculture and the expansion of impervious surfaces in rapidly urbanizing communities, are largely beyond current regulatory regimes. Cadmus Group principal Tracy Mehan, a former EPA assistant administrator for water, explores this topic in an address to the USDA 2006 Agricultural Outlook Forum...

Covalence Specialty Materials Corp. launched as independent company -- PRINCETON, NJ, Feb. 16, 2006 -- As part of Covalence Specialty Materials Corp., the business unit previously known as Tyco Adhesives Corrosion Protection Group is now Covalence Corrosion Protection Group. The group is comprised of corrosion protection technologies serving oil, gas and water industries, including Raychem heat shrinkable products, Polyken pipeline tape coatings, Powercrete liquid epoxies and AnodeFlex linear anodes. A $1.8 billion business, Convalence Adhesives, formerly Tyco Adhesives, was bought by Apollo Management L.P...

Telvent to upgrade EPCOR Transmission Inc.'s SCADA system -- CALGARY, AB, Canada, Feb. 16, 2006 -- Telvent, a global real-time information technology company, has been selected by EPCOR Transmission Inc. to upgrade its existing Telvent Supervisory Control And Data Acquisition (SCADA) system from OASyS 6.0UX to OASyS DNA. Telvent was chosen for the project on the basis of its long-standing history with EPCOR Transmission Inc. and for its technical expertise and experience in the industry. Recognizing EPCOR's significant investment in their existing system, which includes unique applications and AutoCad displays, Telvent will perform a GAP analysis of the existing and proposed new system before beginning the project. Doing so will allow EPCOR to define their expectations of the project and gain an understanding of how the new solution could be used to optimize business processes. EPCOR's objectives for the new system include increased security, lower operating costs, risk mitigation and increased operational efficiency...
Also see: "Telvent wins contract to manage water distribution network in Belo Horizonte, Brazil"

Mayo Clinic adopts Labronics pipette tracking software -- GUELPH, ON, Canada, Feb. 14, 2006 -- Labtronics Inc., a world leader in providing instrument calibration and integration solutions, announced today that Mayo Clinic in Rochester, MN, has implemented the Pipette Tracker Pro software from Labtronics to assist in the verification checks of pipettes meeting their tolerance specifications. Pipette calibration solution enables regulatory compliance in life sciences...


In earlier newsbriefs, see: "WaterBriefs: WSF Industries wins Chinese pressure vessel certification" -- Also in this report (Feb. 17, 2006): Manaris Corp. completes sale of CLI; LADWP presents aggressive plan for energy efficiency for residents, businesses; Flotek Industries announces artificial lift acquisition; BSI2000 Homeland Security contract expanded; Aqua Dyne announces JetWater marketing agreement for Chile; Incuity Software names NORPAC Controls Ltd. as British Columbia reseller; Pa. pushes for improvements to public notices in water supply emergencies; AFS adds wastewater/water treatment and filtration to short course offerings; AWWA encourages mutual aid networks among utilities; American Rivers says Feingold-McCain Bill would protect taxpayers and environment; League of California Cities adopts infrastructure investment recommendations; Review of Hong Kong, China soft drinks market includes look at leading players; General Environmental Management Inc. to acquire K2M...


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