>> tonight, the word from capitol hill. and death by grizzly. tonight, capturing the killer bear of yellow stone national park. but, first from fox this thursday night, arizona's appeal. lawyers for the state's governor jan brewer have officially filed with the ninth u.s. circuit of appeals in san francisco as part of the fight for a tough new immigration law. that law that governor brewer officially says officially went into law after midnight but only after a federal judge blocked the vast majority of the most controversial elements like requiring police officers who were enforcing other laws to check the status of any suspected illegals. demonstrators gathered in the streets of phoenix today to show their opposition to the new immigration law. ♪ power to the people ♪ no one is illegal. >> shepard: place say officers in riot gear arrested dozens of people. as far as we could tell, things were relatively peaceful with no violence reported. >> another indication of how emotionally and politically charged this issue is as we await word on the appeal. casey stegall on fox top story live tonight in the valley of the sun. when do we expect some action on the state's new file, casey? >> shep it, may be an expedited appeal. it is still very long and the process is still very convoluted. here is the time line that we're looking at. the state of arizona has a chance to file a brief with the court of appeal bias august 1st. then the feds will file a response brief a few weeks later by august 26th. and then the state has another opportunity to reply by september 2nd. but the bottom line here is it's appearing that oral arguments for the appeal won't happen until the week of september 13th. so, it is not happening overnight, shep. >> shepard: the local sheriff there joe arpaio had threatened to go ahead today with a big sweep targeting illegals. but he didn't follow through, did he? >> >> no. he sure did. we all know sheriff joe. he said it is business as usual right here in maricopa county. as we speak at this very hour. he and his deputies conducting a crime sweep in the west part of the valley. he said, hey, look, i have done 16 of these in the last several years. i'm not changing anything despite a judge's ruling or not, shep. >> shepard: casey stegall live in phoenix. casey, thanks. lawmakers in other areas have been keeping a very close eye on the action in arizona. five states have already introduced similar legislation and legislators in up to 20 other states are also said to be considering strong new immigration measures. >> arizona as well as texas and every other state not only has a right but they have a duty to do what is necessary in order to protect their citizens. >> shepard: but the u.s. attorney for arizona tells the associated press yesterday's ruling against the immigration law has to make legislators in other states pause and consider whether their bills, the ones they are drafting, are actually within the constitutional boundaries. the ethics violations against congressman charlie rangel are out for everyone to see now. and it's ugly. the house ethics committee released a list of 13 charges against the powerful new york democrats this afternoon. just hours earlier, the 80-year-old congressman seemed to know what was coming. >> >> years ago i survived a chinese attack in north korea. as a result, i wrote a book having survived that that i haven't had a bad day since. today i have to reassess that statement. thank you. >> shepard: if congressman rangle considers this the first bad day since the korean war. it's easy to see why. the ethics committee put out 41 page document outlining the charges against him. texas congressman gene greene says they boil down to four main violations. the way he got donations for a building named after him at a new york college. incorrect financial disclosure statements. using a residential apartment for campaign purposes. and not paying taxes on money he made from property in the caribbean. molly henneberg here to break it down for us live from capitol hill. a lot of back and forth today about a deal. we heard so much but really there was nothing definitive. what do you have? >> right. we have been hearing all day there is a deal. close to a deal. or just a few sticking points remain but as of right now, nothing has been signed, sealed, and delivered so. we don't have a deal at this moment. now, there may be one, but it hasn't been signed off on yet by all parties who have to sign off on it shep, i can tell you that the ethics committee has been meeting this afternoon and this evening. they have been very tight-lipped as to why. it's possible they could be discussing some deal that the lawyers for both sides came up with, but we don't know for sure. as for congressman rangle, he has been very noncommittal. take a listen. >> >> i have no idea. i know one thing, until someone tells me that there is, there isn't. >> as for a deal, it would have to be signed off on by the adjudicatory committee which heard the findings of the investigators today. also, the ethics committee and possibly even the house of representatives as a whole. shep? >> shepard: as we go through all of that, some republicans are suggesting it may really be too late. >> right. the top republican on the adjudicatory committee which heard the findings today says congressman rangle has had his chance to plea bargain. here is more. >> mr. wrong quell, under these rules, was given opportunities to negotiate a settlement during the investigation phase. we are now in the trial phase. >> barring some sort of deal or agreement, an ethics trial could begin in september. shep? >> shepard: democratic leaders are they saying anything about rangle today? >> democratic speaker nancy pelosi she spoke prior to the hearing today and she said that the ethics process get quote will work and the chips will fall where they may politically. is still, shep, democratic leaders would like this off the table, especially heading into the midterm election. >> shepard: yes, ma'am. molly henneberg at the rotunda for us tonight. the man overseeing the federal response to the gulf oil disaster says things are going well. in an effort to permanently stop that leak. the retired coast guard admiral thad allen reports by this weekend workers could begin the first of two steps to plug that broken well a mile below the surface of the water. meanwhile, on the surface, he says most of the oil is now breaking apart before it reaches the shore. of course, it's possible it's down on the floor. causing environmental damage. that's if the skimmers don't pick it out at sea. >> we're going to try to be as aggressive as we can with skimmers offshore to deal with this oil offshore. again, we're finding less and less oil as we move forward. >> shepard: local leaders say they strongly disagree with allen's assessment. jonathan serrie in new orleans tonight where they met today. jonathan, what happened? >> hi, shep. well, one of those local leaders is plaquemines parish leader who says there is plenty of oil in his region and that he has the pictures to prove it. take a look oat this. he says these photos were taken today. there are not enough boats responding to this oil. he says that's why there needs to be more local control in the oil spill response. a message he brought to bp's chief operating officer doug subtles. >> i said, doug, this has got to change. the only way we are going to win this thing is at the same table. decisions can't be made without us sitting at the table. i'm not going to stand for it we are not going to allow it. it's not go good for bp. >> governor bobby jindal says bp and the coast guard gave assurances that there will indeed be more local control moving forward. shep? >> shepard: jonathan serrie in new orleans tonight. jonathan, thanks. hundreds of miles north of the gulf, there is another leak that's causing concern as fox reports tonight. the feds say an oil spill in michigan was larger than the estimates first suggested. thousands of barrels larger. that spill happened earlier this week when a pipeline ruptured and dumped crude into a creek. state leaders say much of that oil is now winding its way down a major river toward lake michigan and the governor warns it would be an historic tragedy if it makes it there. a live report from just minutes from now. first, more trouble at arlington national cemetery. we already knew some graves were unmarked or mislabeled. today we learned the problem could be much larger than anyone imagined. potentially involving the remains of many thousands. new details of the grave oversighted. plus, bears attack in the west. foreclosures spike across the land. on this day, son of sam began. from the journalists of fox news. this is the fox report. 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[ female announcer ] only flood insurance covers floods. for a free brochure, call the number on your screen. >> shepard: well the problems at arlington national cemetery could be much worse than previously thought with the remains of just this. as many as 6600 former service members and their loved ones in graves that are either unmarked or mislabeled. that is the new estimate of the senator claire mccaskill, the democrat from missouri, taking a tough time against the former superintendent of the cemetery during a senate hearing today. >> did the chief of staff of the army ever see a document from you that we have got a problem? we found cremated remains and we don't know where they belong? >> no. >> did that ever occur? >> we annotated the records. we buried the remains as unknowns in the cemetery. we did not -- i did not send a memo up to the chief of staff of the army. >> with all due respect, this is not about a lack of resources. this is not complicated. it's called keeping track of who you bury where. >> shepard: john ran that cemetery some 19 years before the scandal forced him to resign. he told lawmakers he accepts full responsibility for the problems. today, he apologized to the affected families. trace gallagher live in our west coast news hub. trace, that doesn't begin to explain how this happened. what's he saying. >> john metzger saying he was short on resources. he didn't have enough staff. he also says that the system that was used to track all those grave sites, will also relied on a very complicated paper trail that was prone to mistakes. in the 19 years that john metzler ran the arlington national cemetery. 110,000 veterans were laid to rest there. metzler, as you heard, took blame for the mistakes. but he also warned the committee not to rush to judgment. listen. >> yes, we did find a few graves in each of these sections where the head stones were missing. and those head stones were ordered as soon as we could validate remains in the grave and that the staff had overlooked ordering those head stoins. but the vast majority of the graves that you are talking about were simply posting errors on a working map. >> the army inspector general also said the deputy superintendent, a man named thurman higgenbotham was also to blame. higginbotham was at that hearing today, shep. he took the fifth. decided not to testify. >> shepard: seemed senator mccaskill has found her an issue here. she wasn't the only lawmaker to grill the man over this matter. >> no. in fact, he was peppered by questions by from massachusetts senator scott brown. brown who served 30 years in the national guard says his goal was to find out what happened here and also to find solutions moving forward. but as the questions continue, you could see scott brown getting physically frustrated and he abuntly ended the questioning. watch. >> i would have a lot of fun with you in a deposition. because i don't feel we are getting the straight talk here. >> brown says he thinks the army knew about the management problems at arlington as far as back, shep, as 1997. >> shepard: wow. trace gallagher in l.a. thanks. a u.s. military plane crashing in alaska killing four people that plane on a training run when it crashed elmendorf three of the victims were members of the alaska national guard the other active duty at elmendorf. c-17 four engine plane wing span of 170 feet. a witness described that described that impact. >> huge bang. a large fireball. we could feel the heat on our faces and it was just surreal. very shocking. very upsetting. >> they were practicing in there for an upcoming air show. base officials still deciding whether the show is to go on. president obama reaching out to female voters by appearing on what he joked was a show that his wife michelle actually watches. "the view." next, how taking time to sit on the cuspy couch could help or hurt come november, depends on progressive, obviously. plus, a grizzly bear. tearing through a camp during the night, how one woman says she survived when she realized screaming was not going to do it. that's coming up on fox report. . ♪ and we canook out more with friends. my card lets me work out more. ♪ and ours lets us eat out more. aarp helps us do our favorite thing. the new website is my favorite thing. [ female announcer ] with aarp you get so much more out of life. discover the best of what's next at the new aarp.org. >> shepard: today, for the first time a sitting u.s. president and on a daytime television talk show. president obama sat down for really the better part of an hour on "the view." the white house press secretary robert gibbs called it a chance for the president to talk to people where they are. right from the start, host barbara walters hinted at what it could mean for president obama to appear on a show with a largely female audience. >> you have gone through a little bit of a beatings the last month. do you think that be being on the show with a bunch of women, five whim women, who never shut up is going to be calming. >> look, i was trying to find a show that michelle actually watched. [ laughter ] >> shepard: the president did get a laugh. for the white house his approval among women is really no joke. in the 2008 election, 56% of women voted then senator obama. but we have new fox polls that show support has slightly or dipped -- well, significantly. maybe that's why he is on the cuspy curvey couch. the poll numbers, maybe that's the reason he did this. >> it might be, shepard. it wouldn't be a bad idea. i want to give you a little bit of context since the time he has become president. fox news opinion dynamics poll since 2009 the president showed average 59% approval rating among women. now just 7 months into 2010 that was dropped 14 points to just 45%. so, today, he got a chance to appeal directly to that demographic on "the view." their audience, according to nielsen media research is 79% female, shep. >> shepard: democrats have had an edge with women voters for decades now. i guess this show is an opportunity for the g.o.p., maybe. >> it might be. you know, since the 1980 presidential election, there have been this gap between women voting for democrats and republicans about. a 5% to% advantage in favor of democrats. buff analysts say republicans are hoping to change that. one of the ways they are doing that this year recruiting a slate of high profile sabato tells us why. >> they have looked at the demographic figures. they understand that moving forward into the 21st century the republican party cannot be purr received as a white male party. if it is, it's going to lose most elections. >> there are folks on the other side who say listen, it's not going to be about the gender. at the end of the day, the voter care most about the issues. shep? >> shepard: shannon gloom d.c. wildlife officials have announced they have captured a grizzly bear and two cubs after a rampage that killed one person and injured two others. happened in the middle of the night at a campground in montana. near yellow stone national park. we're told the mother grizzly tore through people's tents as they slept. dragging one man some 25 feet where they found his body later. another camper said she woke up moments before the bear showed up. >> i screamed. he bit harder. i screamed harder. he continued to bite and shake my arm and he bit my leg. and after maybe three bites, four, i can't really recall, i decided that screaming was not working. >> shepard: she says she could feel the bear's teeth snapping her bones. so she decided to play dead. seems it worked. the bear left. officials say they plan to kill the grizzly with traps. they will use d.n.a. to confirm it's the right bear. no word yet on what will happen to those cubs. well, last year investigators at a government agency showed just how easy it is to get a fake u.s. passport. and today they are showing the problems have not been fixed. the holes that could let crams slip through the system. what it means to national security next. plus, information from 100 million facebook users all in one place. names, birth dates, anything that they or you let the public see up for grabs. find out why security experts said he put all that information right on the internet. thanks to t venture card from capital one, we gedouble miles on every purchase. so wearned an l.a. getaway twice as fast. we get double miles every time we use oucard. no matter at we're buying. and since double miles add up quick... romans! get em! 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[ male announcer ] so don't blame it on aging. talk to your doctor and go to isitlowt.com to find out more. >> shepard: another reminder today that what you post on facebook may be available for all to see. an online security consultant says he hacked into the social network site and pulled out lots of information. from more than 170 million users and threaten slapped it all online. names, addresses, phone numbers, among other things. keep in mind the data was really already public but now it's out there permanently and available for anyone to download. >> potentially, hackers, criminals can access this and download it and hack into your account, blackmail you, whatever it is. evil things that people do with data they have taken online. the realities, as you point out, it is information already publicly available. >> that hacker says he did it to make a point about facebook's recent privacy problems. the site points out that users get to decide what they do and do not want to make public and that, quote, no private data is available or has been compromised. the internet giant google reports somebody is blocking people in china from using its search service. in an online statement the company did not specifically say the chinese government is blocking the site. however, google has been involved in a fight with the chinese authorities since earlier this year. that's when the company told the government that it would -- told the government there that it would not censor search results. google reports the partial blockage of other services in china including google news and google images. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. in an age of terror watch lists and security overhalls. it's still easy to get a fraudulent united states passport. that's the new finding from an investigation by the government accountability office for the second time in as many years, the agency is showing holes in the state department's passport program. holes that could, they say, allow terrorists and drug smugglers or just about any common criminal for that matter to travel the world undetected. our national correspondent steve centanni live at the state department. steve, how exactly did the investigators uncover all of this? >> well, investigators with the g.a.o. government accountability office applied for seven passports in different parts of the country. they used counterfeit driver's licenses and birth certificates. they used the same picture on multiple applications. they used social security numbers that were issued just last year. even though the alleged applicant was a 62-year-old man. they gave conflicting addresses. even used the name of a dead man. and, in spite of all this fakery. three of those passports were issued. two others got caught when the state department realized their mistake and recovered them from the u.s. mail and two others were turned down. as you point out, this is not the first time this has happened. back in 2009, just last year from, an investigation the previous year, they got four passports issued also on phony information, shep. >> shepard: steve, this was the focus of a senate hearing. how did that go. >> we had people from the g. ao. and people from the state department all telling their side of the story. a lot of people agreeing there is lots that needs to be done. obviously holes in the system that need to be patched and fixed. not just anybody applying for these pass importance. it's somebody like a terrorist or criminal applying and getting one and then what would they do with it? senator jon kyle raised the spector of 9/11 in that regard. let's listen. >> it's been a long time now but we tend to forget about what happened back then. and why it was that people could operate freely in this country because they had obtained fraudulent documents. so, i think some degree of urgency is required here as well. >> senator ben cardin who chaired this hearing wants to pass a bill that would give law enforcement state department to certain employees at the state department so they could share information and get criminal information from other federal authorities. shep? >> shepard: how is the state department defending itself, steve? >> they are saying a lot needs to be done. they have a ways to go. they need new technology. they need more money. they need more of these facial recognition programs that would then them compare photographs and find out when there is a fake. deputy assistant secretary brenda sprague spoke for the state department and here is what she said. >> however, it was exactly the improvements which we put in place after the 2009 g.a.o. operation that allowed to us recognize this operation before the g.a.o. notified us. >> it was that facial recognition program. she also said that any one passport that is issued when it shouldn't be is one too many. shep, back to you. >> steve centanni tonight. thanks. across the nation more homeowners are facing threat of losing their homes. that's according to related at this -- realtytrac. activity during the first half of this year. las vegas still the worse with lenders sending foreclosure-related notices to one of every 15 households. take a look at the other areas with the most foreclosure activity. you can see the pattern here. the worst areas still concentrated in california. and florida. it's hard to pay your mortgage if you are not earning any money. tonight, some mixed news on jobs. it appears fewer people lost them last week. the labor department reports the number of folks filing first-time claims for jobless benefits dropped by 11,000. but there are more people overall relying on unemployment checks. 81,000 more. as those who were already without jobs had trouble finding work. stocks were down slightly today after good morning. the dow off 30. nasdaq 13. s&p off 5. 1 million gallons of oil. about it 24,000 barrels. spla leaked into major river in michigan. that's the word from the feds tonight who say the spill is much bigger than first thought. local leaders are asking doesens of people who live along the water out of their homes. it's happening along a canadian pipeline that runs from northwest indiana lake on tear yesio. killed birds and fish in lake michigan. as it the oil makes its way into lake michigan. the state will face a tragedy of historic proportions. spokesperson says the environmental protection agency does not an at this time pate that happening. battle creek is the headquarters of cereal maker kelloggs which reportedly shut down production for a few hours earlier this week because it was afraid that the fumes from the oil could effect its workers. rick folbaum is here. what kind of damage are we seeing? how extensive? >> it's not good. you mentioned the evacuations. about 30 to 50 homes. people who live there had v. been told to evacuate. we have aerial pictures that show you how close some of these homes are to the oil that you can see right there in the oil. this oil is floating further than anybody wants to see. a little bit of good news both the company and the feds say no additional oil is leaking into the water, shep. and the e.p.a., as you mentioned, saying that there really is a only slim chance of the oil making its way to lake michigan. but this is still bad. imagine a walled off football field and sheet of oil end zone to end zone 2 feet high. that's what we're talking about. >> shepard: that's a lot of oil. >> this company got some warnings of some kind, right? >> we're learning now that they did. there is a federal agency that monitors pipelines and apparently back in january of this year, that agency wrote elm bridge, the company saying they weren't happy with the way that they were monitoring some of the pipelines along this route that we are looking at right now where this spill is. they were told that they had got to fix this problem. they didn't meet code and we don't know if elm bridge did anything as a result of letters, shep refused to talk to us about the existence of this letter in the first place. >> has the company said anything about this spill? >> they have. and they had a press conference today and it's funny, you know, listening to pat daniel, the elm bridge ceo, seems like he was paying close attention to the bp ceo: he is cooking the exact opposite. he came out today and he said we made a mess, we're sorry. we're going to do mess clean up this vacuums, all sorts of things to try to fix this situation but violations, shep, and more about warnings that came months ago. that this could have been presented then this guy could face some serious problems as well. >> shepard: yeah, it wouldn't surprise me. rick, thank you. >> sure. >> shepard: here is one unbelievable. a woman admitted now that she got pregnant, delivered the babies and killed them over and over and over again. top story as we go around the world in 80 seconds. france. a prosecutor says the 47-year-old nurse confessed to suffocating 8 newborns and hiding the bodies. authorities found the remains in plastic bags at two homes north of paris. we're told the killings date back to the early 1990s. and investigators just learned of them when new owners moved into the couple's home. the prosecutor says the woman knew she was pregnant. refused to see a doctor, and didn't want any more children. prosecutors say the woman was overweight and the husband didn't know anything. china, high water forcing tens of thousands of people out of their homes in a roofs with their homes floodwaters. state tv showed this video soldiers and other rescuers trying to reach them by boat. flooding across the country has killed more than 900 people. ukraine. a bomb exploding in an orthodox church and the city in the south. the blast killing an 80-year-old woman who was reported to be a nun. this happened on the day the country was celebrating its conversion to christianity, more than 1,000 years ago. turkey. a tour boat catching fire and sinking in the mediterranean. officials say 18 tourists and five crew members jumped overboard. one spanish tourist reported missing, three others slightly injured. no word on a cause. that's a wrap on this fox trip around the world in 80 section. >> shepard: twoit is now facing another recall. this one affects hundreds of thousands of cars. we'll let new on what's behind this latest round coming up. plus, the defense secretary commenting for the very first time on tens of thousands of military documents that been leaked online. that and why the chairman of the joint chiefs says the suspect behind it all may already have blood on his hands. that's next. today's going to be a good day. a day filled with promise and opportunity. regions is lending providing capital to help your small business, large companies, and our communities grow. and strengthening our neighborhoods with mortgage, home equity and personal loans. regions is building better banking experiences, so let regions help you find the perfect loan for what you need in business. and in life. regions. regions. it's time to expect more. bad dog, balloon pop. 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[ale announcer ] when you orbitz, you know. enough plastic water bottles to stretch around the earth over 190 times. each brita filter can take up to 300 of those bottles out of the equation. >> shepard: allies or so desdoes the defense secretary robert gates. this morning, he and the joint chiefs chairman admiral mike mullen spoke about the tens of thousands war documents that the web site wiki leaks put online. chairman mullen says the site's founder can disagree with the war all he wants. but the chairman says assang should not put others in harm's way to make a point. >> mr. assange can say whatever he likes about the greater good he thinks he and his source are doing. but the truth is. they might already have on their hands the blood of some young soldier or that of an afghan family. >> today we learned more about the man accused of being the wiki leaks source. private first class bradley manning. or brad ass 87 as he called himself. mike owe manual at the pentagon tonight. what are you hearing about this private manning? >> shep, private first class manning is on the move from a holding cell in kuwait to quantico virginia where he will be held pending trial. i'm told that when he gets to quantico, standard operating procedure will be to put him on suicide watch. you may recall he was supposed to be tried in baghdad for the alleged leak of classified video from a helicopter back in 2007. the move to quantico may suggest that preparations are being made for trying him on more charges perhaps. >> they brought the fbi in on this thing. it sounds like the military is trying to make a real statement. >> no question about that. leaks are dangerous in the national security business. secretary gates made that point today. said it's going to be hard to build back trust from people who have risked their lives giving information to the u.s. here is secretary gates on bringing in the fbi. >> the investigation should go wherever it needs to go. and one of the reasons that i asked the director of the fbi to partner with us in this is to ensure that it can go wherever it needs to go. >> point blank, if he would consider going after the wiki leaks founder, he wouldn't go there at this point, shep. >> shepard: mike emanuel at the pentagon tonight. mike, thanks. both u.s. navy sailors who went missing in afghanistan are reported to be dead as fox reports tonight. coalition troops say they have recovered the body of petty officer third class jarod newlove a 25-year-old from the seattle area. he and petty officer second class justin mcneely went missing last friday. they found the body mcneely a 35-year-old father two of. that was sunday. the sailors vanished last week in a dangerous eastern province of low -- logar. why the two were driving alone in the area which has no government control. a taliban spokesman claims insurgents killed mcneely in a fire fight and holding newlove hostage a new army report on the record number of suicides among soldiers lays out a number of reasons why this has become such a horrible trend. the army counted 160 suicides last year. the highest total ever. there were also 1713 unknown suicide attempts last year. or i should say known ones. army leaders say the report suggests there has been a rise in risky behavior in the midst two of wars. behavior including drunken driving and drug abuse and they also say discipline among the ranks has slipped. a store manager disarm ago robber while a security camera rolled. and that's on top as we go across america. >> illinois. police say the armed suspect walked into the store and then held a woman hostage and demanded cash. you can see what happened next. the store's manager says he made a move on the guy. >> he did it right in front of my face like this. you know. all i had to do was reach up and grab him. i was happy to be alive. i knew that he if he would have won that battle for the gun it might not have turned off that way. >> the gun did go off hitting a sales woman. she is expected to be okay. the would-be thief got away. virginia. more than 100 ponies swimming together up the coast from norwalk. annual event to raise money for the region's volunteer fire department. the ponies auctioned off after the channel crossing. fire and water putting on a show in the southeastern coast of the big island. lava from volcano pouring into the ocean it destroyed one house already and dozens of homeowners are worried their places could be next. new york. a ten tri old town house on fifth avenue in manhattan selling for $44 million. that's the fourth most expensive town house sail ever in new york city. a mexican billionaire wrote the check. the place right across the street from the metropolitan museum of arts. here is the recession and a fox watch across america. new recall whoas for toyota. car maker citing steering problems in announcing the recall of 400,000 passenger cars. most of them are avalons. all of them years 2000 to 2004. there are problems with the steering lock bars on those cars. the company also recalling lexus lx 470's from the years 2003 to 2007. the problem with those said to be with the steering shaft. there are reports of three crashes involving the avalon models under this recall. no injuries reported. the oil disaster in the gulf now blamed for killing a lot of wildlife. and tonight there is concern it could wipe out some species for good. but not if this one hand has anything to say about it. just ahead, details of operation noah's ark. the company that's just ordered tens of thousands of people to cut out the curse word from their email. one more bleeping rule to follow. that's coming up. but, i'm a home. i'm always outside. i make being inside possible. look, do me a favor. get flood insurance. floods can devastate your home. fred, how you doing over there? 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[ female announcer ] only flood insurance covers floods. for a free brochure, call the number on your screen. and get this year's colors up on the wall...this year. let's get better prices... and better paint. let's break out the drop cloths, rollers, brushes, and tape. let's start small. then go big. no matter what the budget. and when we're done, let's take a bow. more saving. more doing. that's the power of the home depot. behr premium plus ultra. the only interior paint and primer in one that's rated number one. >> shepard: the gulf oil well is capped but the damage is done and the experts can only speculate will about the long-tm effects on the spill. one science expert taking matters into his own hands. building a modern's day noah's narc an attempt to make sure that the gulf's sea life survives the spill. phil keating with the story. is he live tonight in panacea, florida. hello, phil. >> hi, shep. everything in this marine laboratory at one time lived in the pristine gulf of mexico waters from these florida stingrays to these very colorful and star sucking star fish. kids favorite the fascinating sea horse. look at these guys. due to the oil spill, the population here is growing fast. one net at a time dragged through the gulf past the oil containment booms is how a new noah's ark gets populated. >> give me a bucket. >> this catch, stingrays, small crabs and sand dollars, all part of the marine life in the gulf prior to the oil spill. >> it's been one continuous nightmare. one nonstop endless effort to try to figure out what to do next. >> jack rudlow settled on operation noah's ark turning gulf specimen marine laboratory into a see life sanctuary. once the oil and dispersant is gone for good he will release these back into the gulf. the government says 3500 birds, turtles, and mammals have died an oily death. what remains murky is the death toll under water. already gulf research this summer has showed some depletion of oxygen levels in the water as well as some traces of oil in crab larr i have a. however, the long term impact on gulf sea life truly won't be known for years. >> what's happened up in alaska is a lot of the fish have never recovered since their oil spill. >> now, because of what the project is here, to make the ark even bigger, they spent about $100,000 on all these extra tanks, a cost that bp has yet to reimburse. but, unlike the noah story where everything came in pairs. take a look inside this tank. they will take anything they can catch. here is a thousand tiny crabs in there temporary but oil-free new homes, shep. >> shepard: good stuff, phil. thanks for that watch your language. that's what a new email directive says from goldman sachs. that banking giant telling its works they can no longer use profanity in their emails according to our corporate cousins at the "wall street journal." this ban presumably includes the six letter word used in one particular 2007 sak's email. it came back to haunt that company when it was repeatedly referred to at a senate hearing back in april that email read boy, that timber wolf was one black deal. a man who helped run goldman's security business wrote it not all war heros wear uniforms. some don't wear any clothing at all. what these dogs did to save the lives of american heros and how one of the troops is rewarding them. that's coming up next. foxnews.com during the commercial if you feel like it. look at the hottest stories of the day. click on the most read tab right there on our home page. to do i. get one of these every six months you go without an accident. 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[ male announcer ] upgrade to first class investing technology... at e-trade. >> shepard: locals in afghanistan saved some troops by alerting them to a suicide bomber approaching their base. today they got a reward with belly rubs. heros in this case are stray dogs from afghanistan now reunited in atlanta with one of the guardsmen they saved. sergeant christopher duke was among those serving at ford operating base in february when a suicide bomber loaded with c-4 explosives approached. he said the fellow soldiers heard the dogs go nuts. >> they said they heard the dogs just going crazy like not abnormally crazy. they yelled for them to be quiet from the room. they said almost instantaneously is when the dogs alerted. >> shepard: setting off the explosives where dozens of soldiers were sleeping. sergeant duke and some of his buddies were bounded and the blast killed a third dog. help with charities today sergeant duke rereunited with the pups the ones he said are likely to have saved his life. top story update ahead of the factor tonight. governor jan brewer asking for swift consideration of their appeal of yesterday's ruling of the state immigration law. charlie rangel today announced 13 counts of misconduct against that powerful congressman. and on this day in the year 1976, the son of sam killer shot his first two victims and sparked a year of terror in new york city. at first, cops dubbed the suspect the 44 caliber killer after the pistol used in the crimes. but as the year went on, the list of dead and wounded continue to grow and by the spring of 77, publicity in the big apple hit a fever pitch. groups of vigilantes patrolled the streets. the killer taunted police in letters to newspapers and then finally cops got a break. a parking ticket on a car pointed suspicion toward a loner named david berkowitz. he confessed. claimed his neighbor's dog ordered him to kill. berkowitz is still in prison because serial killer claimed his first victims 34 years ago