Barbara Boxer on Environment Democratic Jr Senator (CA)

Voted YES on $2 billion more for Cash for Clunkers program.

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?

Voted NO on prohibiting eminent domain for use as parks or grazing land.

• public utility
• road or other right of way
• an aqueduct or pipeline
• a prison or hospital
• national disaster

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."

Voted YES on including oil & gas smokestacks in mercury regulations.

• Limits smokestack emissions in a two-phase program founded on a market based capping system
• Calls for the first cap to limit mercury emissions to 38 tons in 2010
• Requires the second and final cap to begin in 2018 and stay fix at 15 tons

Voted NO on confirming Gale Norton as Secretary of Interior.

Voted NO on more funding for forest roads and fish habitat.

Voted NO on transportation demo projects.

Voted YES on reducing funds for road-building in National Forests.

Voted YES on continuing desert protection in California.

Voted NO on requiring EPA risk assessments.

End commercial whaling and illegal trade in whale meat.

Expresses the sense of the Senate that the United States:
• at the 53rd Annual Meeting of the International Whaling Commission, should remain firmly opposed to commercial whaling,
• should initiate and support efforts to ensure that all activities conducted under reservations to the Commission's moratorium or sanctuaries are ceased,
• should oppose the lethal taking of whales for scientific purposes unless it is specifically authorized by the Scientific Committee of the Commission,
• should seek the Commission's support for specific efforts by member nations to end illegal trade in whale meat, and
• should support the permanent protection of whale populations through the establishment of whale sanctuaries in which commercial whaling is prohibited;
• At the 12th Conference of the Parties to the Convention on International Trade in Endangered Species, should oppose all efforts to reopen international trade in whale meat or to downlist any whale population; and
• should make full use of all appropriate diplomatic mechanisms, relevant international laws and agreements, and other appropriate mechanisms to implement these goals.

Support UNCED Rio Declaration at 2002 conference.

Expresses the sense of the Senate that having the President lead the U.S. delegation at the World Summit on Sustainable Development would send a strong signal of U.S. support.

Calls for the United States to: (1) take specified steps at the Summit, such as reaffirming its support for the implementation of commitments entered into at the United Nations Conference on Environment and Development (UNCED), supporting efforts to improve the institutional structure for implementing the framework created by Agenda 21 and the Rio Declaration on Environment and Development, remaining firmly opposed to commercial whaling, and supporting measures to increase the use of renewable sources of energy worldwide; and (2) provide leadership and pursue the negotiation of international agreements to address global climate change and to protect the marine environment.

Urges the President to identify priority international environmental agreements that the United States has signed during and following the UNCED that the Administration will present to the Senate for ratification.

Rated 89% by the LCV, indicating pro-environment votes.

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.

EPA must do better on mercury clean-up.

To: Administrator, U.S. Environmental Protection Agency

Dear Administrator Leavitt:

We are writing to urge you to take prompt and effective action to clean up mercury pollution from power plants. The EPA’s current proposals on mercury fall far short of what the law requires, and they fail to protect the health of our children and our environment. We ask you to carry out the requirements of the Clean Air Act to protect our nation from toxic mercury contamination.

On January 30, 2004, EPA proposed two alternative rules to address mercury emissions. Unfortunately, both of these proposals fail to meet the Clean Air Act directives for cleaning up mercury. EPA's proposals permit far more mercury pollution, and for years longer, than the Clean Air Act allows.

The toxicity of mercury has been proven time and again by scientists around the world. The Agency's own scientists just released a study finding that approximately 630,000 infants were born in the US in the 12-month period, 1999-2000, with blood mercury levels higher than what is considered safe. This is a doubling of previous estimates.

The newest scientific studies show that controlling mercury emissions works. As we saw in Florida, sharp reductions in mercury pollution are mirrored by reductions in nearby fish populations. A study in northern Wisconsin indicated that reductions in the input of mercury from air corresponded with marked reductions in mercury fish tissue levels in the 1990s.

As the Administrator of the EPA, you have the legal authority and the responsibility to address mercury emissions and protect public health. We do not believe that EPA's current proposals are sufficient or defensible. We urge you to withdraw the entire proposed rule package and re-propose a rule for adequate public comment that meets the terms of the 1998 settlement agreement and is promulgated by the December 15, 2004 deadline.

Establish commission to examine Katrina response.

OFFICIAL CONGRESSIONAL SUMMARY: To establish a congressional commission to examine the Federal, State, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region, especially in the states of Louisiana, Mississippi, Alabama, and other areas impacted in the aftermath, and make immediate corrective measures to improve such responses in the future.

EXCERPTS OF AMENDMENT:

There is established in the legislative branch the Katrina Commission:
• The Commission shall be composed of 10 members, with not more than 5 members from any one political party.
• Individuals appointed should enjoy significant depth of experience in such professions as natural disaster and emergency response experience.
• The duties of the Commission are to ascertain, evaluate, and report on the information developed by all relevant governmental agencies regarding the facts and circumstances related to Hurricane Katrina prior to striking the United States and in the days and weeks following;
• build upon concurrent and prior investigations;
• planning for future cataclysmic events requiring a significant marshaling of Federal resources, mitigation, response, and recovery to avoid significant loss of life;
• an analysis as to whether any decisions differed with respect to response and recovery for different communities, neighborhoods, parishes, and locations and what problems occurred as a result of a lack of a common plan, communication structure, and centralized command structure; and
• make recommendations for immediate corrective measures so that future cataclysmic events are responded to adequately.

LEGISLATIVE OUTCOME:Rollcall vote #229; lost 44-54.

Promote conservation of rare felids & canids.

To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations. Congress finds the following:

• Many wild populations of felids and canids, once considered common, are in decline, and many have declined to the point that their long-term survival in the wild is in serious jeopardy.
• Of the 37 wild felid species worldwide, all are currently recognized as species in need of protection. Of the 35 wild canid species worldwide, nearly 50% are recognized as in need of such protection.
• In addition to their intrinsic value, felids and canids are important aesthetic, economic, and ecological global resources that need to be conserved.
• Large felids and canids are considered both keystone and indicator species. Healthy populations of these species act as an important indicator of the integrity of entire ecosystems.
• Rare felids and rare canids face an array of threats, including loss of habitat and natural prey, intentional and unintentional takings by humans, disease transmission, and a vast number of other threats. These threats need to be addressed in a coordinated fashion.
• The purposes of this Act are to provide financial resources and to foster international cooperation (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide.
• Related bills: H.R.1913, S.1033

Celebrate the recovery of the bald eagle.

A resolution designating June 20, 2008, as "American Eagle Day", and celebrating the recovery and restoration of the bald eagle, the national symbol of the United States.

• Whereas, on June 20, 1782, the bald eagle was officially designated as the national emblem of the US by the founding fathers at the Second Continental Congress;
• Whereas the bald eagle is the central image of the Great Seal of the United States; and is displayed in the official seal of many branches and departments of the Federal Government;
• Whereas the bald eagle is an inspiring symbol of the spirit of freedom; and the democracy of the United States;
• Whereas the habitat of bald eagles exists only in North America;
• Whereas, by 1963, the population of bald eagles that nested in the lower 48 States had declined to approximately 417 nesting pairs;
• Whereas, due to the dramatic decline in the population of bald eagles in the lower 48 States, the Secretary of the Interior listed the bald eagle as an endangered species;
• Whereas caring and concerned citizens of the United States banded together to save bald eagles;
• Whereas, by 2006, the population of bald eagles that nested in the lower 48 States had increased to approximately 7,000 nesting pairs;
• Whereas, on June 28, 2007, the Secretary of the Interior removed the bald eagle from the list of threatened species;
• Whereas, on January 15, 2008, the Secretary of the Treasury issued 3 limited edition bald eagle commemorative coins;
• Resolved, That the Senate designates June 20, 2008, as 'American Eagle Day'; and
• encourages the citizens of the United States to observe American Eagle Day with appropriate ceremonies and other activities.
• Legislative Outcome: Related bills: H.RES.341, H.RES.1247, S.RES.146; passed Senate, by Unanimous Consent, 6/5/2008.

Strengthen prohibitions against animal fighting.

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.

Fund projects for international conservation of cranes.

A bill to assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes and the ecosystem of cranes.

Requires the Secretary of the Interior to provide financial assistance for approved projects relating to the conservation of cranes, using amounts in the Crane Conservation Fund established by this Act. Allows a project proposal to be submitted by:
1. any wildlife management authority of a country located in the African, Asian, European, or North American range of a species of crane that carries out at least one activity that affects crane populations;
2. the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
3. any person or organization with demonstrated expertise in the conservation of cranes.

• Establishes the Crane Conservation Fund in the Multinational Species Conservation Fund.
• Authorizes the Secretary to convene an advisory group representing public and private organizations actively involved in the conservation of cranes to assist in carrying out this Act.