Some excerpts from the Bowles-Burr debate: On offshore drilling
BURR: 'We have to make sure that we don't allow exploration off our coast for wells."
BOWLES: "Richard, again your words don't match your action." -- Bowles, saying that Burr had voted six times against legislation to protect the Outer Banks and prevent offshore drilling
Voted YES on prohibiting eminent domain for use as parks or grazing land.
To prohibit the involuntary acquisition of farmland & grazing land by government for parks, open space, or similar purposes. Exceptions include takings for use by:
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 NO on including oil & gas smokestacks in mercury regulations.
A joint resolution disapproving the rule submitted by the Environmental Protection Agency (EPA) on March 15, 2005, relating to the removal of coal- and oil-fired electric generating units from the list of major sources of hazardous air pollutants under the Clean Air Act. The EPA's Clean Air Mercury Rule:
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
Reference: EPA's Clean Air Mercury Rule;
Bill S J Res 20
; vote number 2005-225
on Sep 13, 2005
Voted YES on speeding up approval of forest thinning projects.
Vote to adopt the conference report on the bill that would reduce and expedite (speed up) environmental and judicial reviews of forest thinning projects. The bill would authorize $760 million a year from fiscal 2004 to fiscal 2008. The Bureau of Land Management and the US Forest Service would have the authorization to remove vegetation that could cause or assist the spread of wildfires, disease or insect infestation. All forest thinning project would come after public meetings had been held. Forest thinning would be restricted to land that is within a 1.5 miles of at-risk communities , high-risk land that serves as a home for threatened and endangered species, high-risk land in the area of municipal water sources and and high-risk land that is specifically susceptible to disease or insect infestation.
Reference: Healthy Forests Restoration Act;
Bill HR 1904
; vote number 2003-656
on Nov 21, 2003
Reduce liability for hazardous waste cleanup.
Burr co-sponsored an amendment to CERCLA:
Title: To provide relief for small businesses from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Summary:
Amends CERCLA to provide that persons shall be liable for response [cleanup] costs as non-owners or operators only if the total of material containing a hazardous substance was greater than 110 gallons of liquid material or 200 pounds of solid material.
Applies this exemption only to activities taking place before April 1, 2001.
Exempts a person from liability for response costs for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW.
Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above-described exemptions.
Adds to the list of parties eligible for de minimis [inconsequential] final settlements certain persons and businesses that demonstrate an inability or limited ability to pay response costs.
Source: House Resolution Sponsorship 01-HR1831 on May 15, 2001
Rated 10% by the LCV, indicating anti-environment votes.
Burr scores 10% by the LCV on environmental issues
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.
