Ted Kennedy on Environment Democratic Sr Senator (MA)

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 YES 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.

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.

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.