Analyst Upgrades

• Tyson Foods (TSN) to buy from hold at Deutsche Bank.
• Carmike Cinemas (CKEC) to buy from neutral at Merriman.
• Ambow Education (AMBO) to conviction buy from neutral at Goldman.
• Johnson Controls (JCI) to overweight from equal weight at Barclays.
• Dynex Capital (DX) to outperform from market perform at JMP Securities.
• Ensco (ESV) to outperform from neutral at Credit Suisse.
• York Water (YORW) to buy from hold at Brean Murray.
• Mid-America Apartment (MAA) to market perform from underperform at FBR Capital.
• Cheniere Energy Partners (CQP) to hold from sell at Citigroup.
• Forest Oil (FST) to positive from neutral at Susquehanna.
• Tractor Supply (TSCO) to outperform from neutral at RW Baird.

BP plc (ADR) (NYSE: BP), the oil giant that markets itself as environmentally friendly, has learned that it's best to practice what you preach.

After a month of controversy over the planned $3.8 billion expansion of its Whiting, Ind., refinery -- and how much extra pollution would enter Lake Michigan as a result -- BP said it will not increase the amount of pollutants flowing out of the refinery into the lake. The company had applied for and received a new permit from the state of Indiana allowing it to dump more pollutants -- 1,584 pounds of ammonia per day (a 54% increase from the old limit) and 4,925 pounds of suspended solids (a 35% increase). The solids are tiny sludge particles that pass through water-treatment filters. The permit has been controversial ever since the Chicago Tribune reported about it in mid-July.

Environmental groups, Chicago Mayor Richard Daley, Illinois Governor Rod Blagojevich, the U.S. House of Representatives and Illinois Senator Dick Durbin all pressured BP to stick to its old pollution limits. Opponents gathered 100,000 petition signatures against BP's plans. Lake Michigan is the source of drinking water for Chicago and many other communities and also attracts many sport fishermen. The Whiting refinery is only about 18 miles south of Chicago and is the largest refinery in the Midwest and the fourth-largest in the nation. The expansion would boost output by 30 to 90% at the 400,000-barrel-a-day refinery, which processes Canadian heavy crude.

BP says it will explore ways to expand the refinery without increasing pollution. BP made the right decision to pull back from its pollution plans, but I wonder why they didn't think ahead of time about how the issue would play in public. Indiana can share some of the blame: Their permit appears to have allowed BP to violate the Clean Water Act and it also exempts BP from tough limits on mercury pollution until 2012. Score one for the citizens of Chicagoland in protecting their water supply.