John Kerry on Environment Jr Senator (MA), Democratic nominee for President

The Clear Skies bill is Orwellian and makes things worse

Fact Check: Contaminated home uses city water, not bottled

KERRY: There's a couple in Salem called Lisa and Randy Denuccio. They live next to a lake. They can't drink the water. Their kids can't make lemonade now. They don't take showers with the water. They have to buy bottled water.

FACTCHECK: But when an Associated Press reporter called the family after the debate, Lisa Denuccio said the family does in fact take showers: "We can't do without that." The AP did quote her as saying they now use water from the city rather than their well. Kerry's statement that they can't shower with "the water" might be literally correct- but might easily have led many listeners to think the Denuccio family is worse off than is the case. He should have come clean.

Make environmental justice an EPA priority

On Earth Day 2003, I announced a proposal to resume the battle against environmental injustice, in part by greatly elevating it priority for the EPA and other federal enforcement agencies and in part by creating environmental empowerment zones, in which the impact of federal decisions on the health of low-income and minority citizens would have to be taken into account before they are implemented.

I also called for a measure that will be critical not only in dealing with environmental injustice but also in dealing with environmental health issues generally: establishing a national tracking system for chronic diseases and environmental health hazards.

Safeguard the environment and grow the economy

A: For 30 years in public life I have committed to environmental protection. My commitment is driven by the belief that we can safeguard the environment and grow our economy. I have fought hard to reduce the threat of global warming by supporting renewable energy and increased funding for climate change research. I have also called on Bush to stop blocking progress and to engage in international efforts to mitigate the threat of climate change.

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 YES on requiring EPA risk assessments.

Reduce liability for hazardous waste cleanup.

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.

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 53% by the LCV, indicating a mixed record on environment.

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.

Fund studies of sustainable fisheries.

Amends the Magnuson Fishery Conservation and Management Act to:
• Prohibit individual fishing quota programs unless approved before January 4,
• Mandates guidelines regarding fish habitat conservation and enhancement.
• Modifies requirements regarding emergency actions (including concerning oil spills) and adds to the emergency action provisions references to interim measures needed to reduce overfishing.
• Provides for an information collection program specific to the needs of a fishery.
• Requires a comprehensive program of fishery research to carry out this Act;
• Requires developing technological changes to minimize bycatch and evaluate related ecological impacts, benefits, and costs, and assess the use of unavoidable bycatch; and
• Establishes of a fishery conservation and management ecosystem advisory panel.

Fund studies of invasive species and algal blooms.

Amends the National Sea Grant College Program Act to authorize competitive grants for university research on invasive species, specifically: (1) the zebra mussel; (2) oyster diseases and oyster-related human health risks; and (3) Pfiesteria piscicida and other harmful algal blooms. Became Public Law No: 105-160.