Robert Byrd on Environment Democratic Sr Senator (WV)

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 NO 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 YES on confirming Gale Norton as Secretary of Interior.

Voted YES on more funding for forest roads and fish habitat.

Voted NO on transportation demo projects.

Voted NO on reducing funds for road-building in National Forests.

Voted YES on continuing desert protection in California.

Voted YES on requiring EPA risk assessments.

Rated 68% 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.

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.