David Vitter on Environment
Republican Jr Senator; previously Representative (LA-1)
Vitter said diversions are "going to be the most difficult, the most controversial" aspects of the restoration plan. He added: "The possible negative impacts are very real." He added that "you have to measure and tweak projects as you go along."
The candidates predicted the eventual cost of coastal restoration would reach $100 billion. Vitter said he would seek to engage private companies, such as oil and gas companies, in spending more on the coast. Edwards and Dardenne offered similar ideas. Vitter also said he would work with other Gulf states to expand offshore drilling to bring in more funds.
"David Vitter has always fought for Louisiana values and gotten things done," his spokesman said. "Passing major bipartisan bills like WRRDA, the flood insurance fix, and the Steve Gleason Act; holding agencies like the Corps and FEMA accountable--that's the Vitter record, and nobody can match it."
Vitter prides himself on pressuring federal agencies, such as the U.S. Army Corps of Engineers, to move on flood-prevention projects.
Proponent's Argument for voting Yes: Mr. WHITEHOUSE: This measure was part of the RESTORE Act, [but] this piece of it fell out of the bargain. If you supported the RESTORE Act, you have already supported this bill. If you believe that deals should be deals in the Senate, then you should support this bill. It is very important that we as a body support this bill. It does not create a single extra bureaucracy or person. It works within the existing government, and it adds no funding.
MississippiRiverDelta.org Summary of RESTORE Act: The Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economies of the Gulf Coast States Act (RESTORE Act) dedicates 80% of all Clean Water Act penalties paid by those responsible for the 2010 gulf oil disaster to Gulf Coast restoration.
Proponent's press release supporting Yes vote: The National Endowment for the Oceans, Coasts, and Great Lakes Act would provide steady funding that universities, non-profit organizations, and government agencies can count on every year to support research and restoration projects. It would be funded primarily by dedicating 12.5% of revenues from offshore energy development, including oil, gas, and renewable energy. Revenue is generated through offshore lease sales and production based royalty payments. Funds from the Endowment would be distributed through a competitive grant program to fund projects to restore habitat, manage fisheries, plan for sustainable coastal development, enhance ocean monitoring and research activities, acquire coastal properties for preservation, and relocate critical coastal infrastructure.
Proponent's argument to vote Yes:Rep. OBEY (D, WI-7): The cash for clunkers program has proven even more wildly popular than its strongest supporters had predicted. Just last month, Congress passed the program, which provided up to $4,500 if you trade in your old gas guzzler for a new car that gets better mileage. That was done in the hopes of spurring some new car sales and encouraging people to be a little more environmentally friendly. We provided $1 billion in the supplemental to get it going, enough for about 250,000 sales--which was just about exhausted in one week. This bill transfers $2 billion from the Department of Energy's Innovative Technology Loan Guarantee program, which doesn't expect to award funding until late next year.
Opponent's argument to vote No:Rep. LEWIS (R, CA-41): In the majority's haste to slam legislation with no time for consideration or amendments, we are now seeing the effects of such shortsighted martial law tactics.
Senator Feinstein tried to negotiate some changes to improve the program but was told that it was this way or the highway. Not one hearing on the Cash for Clunkers program, not one hearing on how the first billion dollars has been spent, not one hearing on how much money the program will need to get through the fiscal year.
Many of my colleagues will say, This is a great program, and it is necessary for the revitalization of the car industry. I'm not really going to argue with those goals. However, are we sure this program is working like it's supposed to? I don't think so. This program has only been up and running 1 week. If that is how the government is going to handle billion-dollar programs affecting all Americans, I ask, Whatever will we do if the administration takes control of our health care system?
Proponents support voting YES because:
Sen. CRAIG: "Eminent domain was elevated greatly as an issue following a highly controversial 2005 Supreme Court decision known as Kelo vs. The City of New London. Since that decision, we as a nation have allowed state & local governments to utilize eminent domain to force landowners to yield their property to private development. Farmers and ranchers in particular have become vulnerable to state and local governments taking their property for economic development or open space designations. My amendment is a very targeted amendment. It addresses only cases in which private working agricultural land is taken and turned into public open space."
Opponents recommend voting NO because:
Sen. HARKIN: This amendment doesn't reach the Kelo decision [because Kelo was about taking open space for private development]. Under this amendment they can still do that.
CRAIG. Oh, I disagree totally. We reach a portion of Kelo that is now most frequently impacting farms and ranches, and that is open space for open space.
HARKIN. The amendment has the Federal Government telling a local government what it can and cannot do within its own jurisdiction.
Letter from the National Conference of State Legislatures & US Conference of Mayors:
"This amendment is not only ill-advised, but it is also unconstitutional [because it] preempts state & local land use laws. The 5th Amendment expressly permits the taking of private property for public use provided just compensation is provided to the owner. The power of eminent domain has always been, and should remain, a state and local power."
The League of Conservation Voters (LCV) is the political voice of the national environmental movement and the only organization devoted full-time to shaping a pro-environment Congress and White House. We run tough and effective campaigns to defeat anti-environment candidates, and support those leaders who stand up for a clean, healthy future for America. Through our National Environmental Scorecard and Presidential Report Card we hold Congress and the Administration accountable for their actions on the environment. Through regional offices, we build coalitions, promote grassroots power, and train the next generation of environmental leaders. The 2003 National Environmental Scorecard provides objective, factual information about the environmental voting records of all Members of the first session of the 108th Congress. This Scorecard represents the consensus of experts from 20 respected environmental and conservation organizations who selected the key votes on which Members of Congress should be graded. LCV scores votes on the most important issues of the year, including environmental health and safety protections, resource conservation, and spending for environmental programs. Scores are calculated by dividing the number of pro-environment votes by the total number of votes scored. The votes included in this Scorecard presented Members of Congress with a real choice on protecting the environment and help distinguish which legislators are working for environmental protection. Except in rare circumstances, the Scorecard excludes consensus action on the environment and issues on which no recorded votes occurred.
Amends the Internal Revenue Code to make permanent the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Known in the Senate as the Rural Heritage Conservation Extension Act of 2009.
Congressional Summary:Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: has an ownership interest in or custody of one or more breeding female dogs; and sells more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer.
Promulgates requirements for the exercise of dogs at facilities owned or operated by high volume retail breeders, including requiring daily access to exercise that allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping.
Opponent's Comments (GSDCA, the German Shepherd Dog Club of America):In the past, legislation has excluded home/hobby breeders. This bill would, for the first time, require home/hobby breeders to follow the strict USDA requirements, such as engineering standards designed for large commercial kennels and not homes. Such regulations would exceedingly difficult to meet in a home/residential breeding environment. If passed, PUPS would disastrously reduce purposely-bred pups for the public.
There is nothing in this bill that changes the status of already known substandard kennel violators. There is no increase in funding for additional inspectors, nor is increased inspection evaluation education included.
Dogs purposely bred for showing, trialing or other events often are not bred for several years due to many different reasons. Some of these dogs may never be bred, yet are included in the count.
Working kennels maintain a large dog population while they are evaluating dogs; if the dogs do not work out for the purpose for which they were intended, they are often sold as pets. This could bring those working/training kennels under USDA regulations.
112th Mid-Term Humane Scorecard: The Humane Society Legislative Fund has posted the final version of the 2011 Humane Scorecard, where you can track the performance of your federal lawmakers on key animal protection issues during last year. We rated legislators based on their voting behavior on measures such as agribusiness subsidies, lethal predator control, and the Endangered Species Act; their cosponsorship of priority bills on puppy mills, horse slaughter, animal fighting, and chimps in research; their support for funding the enforcement of animal welfare laws; and their leadership on animal protection. All of the priority bills whose cosponsorships we're counting enjoy strong bipartisan support; in the House, each of the four now has more than 150 cosponsors.
The Humane Scorecard is not a perfect measuring tool, but creating some reasonable yardstick and allowing citizens to hold lawmakers accountable is central to our work. When the Humane Scorecard comes out each year, it helps clarify how the animal protection movement is doing geographically, by party affiliation, and in other categories. It helps us chart our course for animals by seeing where we have been effective, and where we need to improve.
Congressional Summary:Amends the Clean Water Act to prohibit the EPA from requiring permits for a discharge of stormwater runoff resulting from silviculture activities.
Opponent's argument against bill: (Evergreen Magazine and Washington Forest Law Center): In Aug. 2010, the Ninth Circuit Court of Appeals ruled unanimously that polluted stormwater generated by logging roads is subject to regulation under the Clean Water Act. [The ruling meant] that rain runoff from forest roads constituted an industrial (not forestry) activity, which should be considered a "point source" discharge under the CWA. The lawsuit was brought because forest roads have been dumping sediment into rivers that support myriad species of salmon and resident trout, all of which are at risk from the pollution. The ruling will require State agencies to issue permits and ensure that road construction and maintenance practices limit or eliminate such discharges.
In March 2013, the US Supreme Court reversed the Ninth Circuit: permits are not required for stormwater discharges from pipes, ditches and channels along logging roads. [This legislation supports the Supreme Court ruling, against the Ninth Circuit conclusion].
Proponent's argument for bill: (Press release by sponsors):
Sen. WYDEN (D-OR): "We need a healthy timber industry to provide timber jobs and to do the restoration work that ensures healthy forests. The way to do that is to stop litigating questions that have already been answered."
Sen. CRAPO (R-ID): "The jobs and economic activities relating to the forest products industry are critical to the Pacific Northwest. The Clean Water Act was not intended to regulate stormwater runoff on forest roads."
Rep. HERRERA BEUTLER (R-WA): "At the heart of our efforts are the moms and dads employed by healthy, working forests--and passing this law will help make sure they have jobs, and will help make our forests healthy."
Congressional Summary: Extends through 2017 the allocations to carry out approved wetlands conservation projects.
Proponent's argument for bill:(US Fish and Wildlife Service statement on NAWCA): The North American Wetlands Conservation Act of 1989 provides matching grants to carry out wetlands conservation projects in the US, Canada, and Mexico for the benefit of wetlands-associated migratory birds and other wildlife. The Standard Grants Program supports projects that involve long-term protection, restoration, and/or enhancement of wetlands and associated uplands habitats. The Small Grants Program supports the same type of projects but project activities are usually smaller in scope, [under] $75,000.
Opponent's argument against bill: (Heritage Foundation 2008 statement on wetlands enforcement): The 2006 Supreme Court ruling in Rapanos v. US restricts the EPA from setting a strict and expansive definition on what classifies as a wetland and what can and can't be regulated. The EPA defines wetlands as "including swamps, marshes, bogs, and similar areas", but it is more complicated than that. For instance, in the Rapanos case, Rapanos' land was 20 miles away from navigable water, but under the EPA's unrestrained definition, the term "navigable water" was also broadly defined. Having such an expansive definition would allow the EPA to run wild with environmental regulation. A less expansive definition may beget more uncertainty as to how the EPA should regulate wetlands, but it will also lead to more careful deliberation rather than unwarranted regulations.
Congressional Summary:Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to prohibit the EPA or a state from requiring a permit for a discharge into navigable waters of a pesticide authorized under FIFRA. Excepts stormwater discharges and discharges of manufacturing or industrial effluent.
Proponent's argument for bill:(Blue Ridge Times-News, April 2013): Sen. Kay Hagan announced a bill to eliminate a "redundant and burdensome" requirement that 365,000 pesticide users get a CWA permit before spraying in or near lakes and streams. Farmers and other chemical users already have to meet stringent requirements for pesticide application under FIFRA, Hagan said, and the CWA permit only adds a duplicative, unnecessary layer of bureaucracy. Hagan said the "overlapping regulations" have also forced some municipalities to cut down on spraying for mosquitoes "because they don't have the manpower (to deal with the extra red tape), and they fear lawsuits."
Opponent's argument against bill: (Oregon Sierra Club newsletter Dec. 2012): Rachel Carson's "Silent Spring" turned 50 this fall: it catalyzed the environmental movement [by focusing on pesticides like DDT]. Today we still face the issues she outlined in Silent Spring. Pesticide law and regulation in the US is a case study in corporate capture: beholden to the farm lobby in Congress, all the way back to the 1947 formation of FIFRA.
FACT: From 1988 to 1995, more than 65 bills were introduced in Congress to tighten pesticide regulations. None of them passed.
FACT: In the late 1990s, two separate investigations revealed that more than half of all former top-level pesticide regulators at the EPA subsequently went to work for, or were paid by, pesticide and chemical industry interests actively involved in fighting EPA efforts to protect the public from pesticides.
Sen. CANTWELL. I reintroduce today the Animal Fighting Prohibition Enforcement Act of 2007. This legislation has won the unanimous approval of the Senate several times, but unfortunately has not yet reached the finish line.
There is no doubt, animal fighting is terribly cruel. Dogs and roosters are drugged to make them hyper-aggressive and forced to keep fighting even after suffering severe injuries such as punctured eyes and pierced lungs. It's all done for "entertainment" and illegal gambling. Some dogfighters steal pets to use as bait for training their dogs, while others allow trained fighting dogs to roam neighborhoods and endanger the public.
The Animal Fighting Prohibition Enforcement Act will strengthen current law by making the interstate transport of animals for the purpose of fighting a felony and increase the punishment to three years of jail time. This is necessary because the current misdemeanor penalty has proven ineffective--considered a "cost of doing business" by those in the animal fighting industry which continues unabated nationwide.
These enterprises depend on interstate commerce, as evidenced by the animal fighting magazines that advertise and promote them. Our bill also makes it a felony to move cockfighting implements in interstate or foreign commerce. These are razor-sharp knives known as "slashers" and ice pick-like gaffs designed exclusively for cockfights and attached to the birds' legs for fighting.
This is long overdue legislation. It's time to get this felony animal fighting language enacted. It's time for Congress to strengthen the federal law so that it can provide as a meaningful deterrent against animal fighting. Our legislation does not expand the federal government's reach into a new area, but simply aims to make current law more effective. It is explicitly limited to interstate and foreign commerce, so it protects states' rights in the two states where cockfighting is still allowed.