Mike Pompeo on Environment

Stop considering manure as pollutant or hazardous.

Congressional Summary:Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean:

1. digestive emissions, feces, urine, urea and other excrement from livestock;
2. any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock;
3. any process water associated with such items; and
4. any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items.

Opponent's Comments (Jim Ruen on AgProfessional.com, Oct. 3, 2011): Since when can a fertilizer dealer operate without concern for environmental regulation and impact? Let's face it, we aren't talking about Ma and Pa Kettle with their six milk cows and three sows here spreading a load of manure on the back 40. We are talking about CAFO units with thousands of animals and tens of thousands or more tons/gallons of manure. While a few maybe spreading on their own land, most are selling it to area farmers. At a time when fertilizer dealers and companies have to be conspicuously careful with how they handle product, why shouldn't mega-livestock operators be equally regulated as they sell their "waste" product for its nutrient and soil building value. Since when do commercial N, P and K producers or handlers get a free ride from the EPA...or Congress?

No EPA expansion of regulated waters.

Congressional Summary:

A BILL to preserve existing rights and responsibilities with respect to waters of the United States.
• The EPA Administrator are prohibited from developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed Definition of 'Waters of the United States' Under the Clean Water Act (April 21, 2014); or any substantially similar proposed rule.
• FEDERALISM CONSULTATION: The EPA Administrator shall jointly consult with relevant State and local officials to develop recommendations for a regulatory proposal, taking into consideration differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs.

Argument in opposition: (by Rep. Bishop, D-NY-1)

The enactment of H.R. 5078 would, unfortunately, lock in place the interpretive guidance of the Bush administration: traditional Clean Water Act protections over a significant percentage of waters has been called into question or have simply been lost. These are protections that existed for over 30 years prior to the issuance of the first Bush-era guidance in 2003 and are now all but lost, making it harder and more costly for individual States to protect their own waters should their upstream neighbors be unwilling or unable to fill in the gap in protecting water quality.

Pollution needs to go somewhere, and since pollution does not respect State boundaries when it travels downstream, it will have an adverse impact on the quality of life and the quality of the environment of those downstream States. Under H.R. 5078, the EPA would be prohibited from ensuring that polluters in Connecticut continue to reduce excessive amounts of nitrogen in the Sound, leaving my constituents in the State of New York without any recourse to stop them.

Voted YES to require GMO labeling.

A BILL to require the Secretary of Agriculture to establish a national disclosure standard for bioengineered foods.

Cato Institute recommendation on voting YES: President Obama quietly signed legislation requiring special labeling for commercial foods containing genetically modified organisms (GMOs)--plants and animals with desirable genetic traits that were directly implanted in a laboratory. Most of the foods that humans & animals have consumed for millennia have been genetically modified, by cross-fertilization. Yet the new law targets only the highly precise gene manipulations done in laboratories. Anti-GMO activists oppose the new law because it preempts more rigorous regulation. And that's exactly the goal of this bill, to the frustration of the anti-GMO crowd.

JustLabelit.org recommendation on voting NO (because not restrictive enough): Senators Roberts (R-KS) and Stabenow (D-MI) introduced a compromise bill that would create a mandatory, national labeling standard for GMO foods. This bill falls short of what consumers expect--a simple at-a-glance disclosure on the package. As written, this compromise might not even apply to ingredients derived from GMO soybeans and GMO sugar beets. We in the consumer rights community have dubbed this the "Deny Americans the Right-to-Know" Act (DARK Act). We need to continue pressing for mandatory GMO labeling on the package.

Heritage Foundation recommendation on voting NO (because too restrictive): The House should allow [states, at their choice,] to impose [a more] restrictive labeling mandate, but prohibit the state from regulating out-of-state food manufacturers engaged in interstate commerce. Instituting a new, sweeping, federal mandate that isn't based on proven science shouldn't even be an option.

Legislative outcome: Passed by the Senate on July 7th, passed by the House on July 14th; signed by the President on July 29th