David Jolly on Environment

We need comprehensive Natural Disaster Insurance

Limit EPA oversight to allow mining over fishing.

Congressional bill text:

A BILL to amend the Federal Water Pollution Control Act to clarify when the Administrator of the EPA has the authority to prohibit or restrict the specification of a defined area as a disposal site

• in paragraph (c)(1), by adding at the end the following:
• '(2)(A) The period during which the Administrator may prohibit the specification of any defined area as a disposal site, shall--
• '(i) begin on the date that the Secretary provides notice that the Secretary has completed all procedures for processing an application for a permit under this section relating to the specification and is ready to determine whether the permit should be issued; and
• '(ii) end on the date that the Secretary issues the permit.
• '(B) The Secretary shall ensure that the period described in subparagraph (A) consists of not fewer than 30 consecutive days.

Argument in opposition: (by Trout Unlimited, tu.org, July 15, 2014)

Trout Unlimited and anglers across America strongly oppose the House Transportation and Infrastructure Committee's ill-conceived markup of HR 4854, because the bill would prevent the EPA from protecting the world class fisheries of Bristol Bay, Alaska.

The poorly conceived bill has had no legislative hearings. The oversight hearing will have no Alaskan witnesses from Bristol Bay, the people most adversely affected by this bill.

The Bristol Bay region of Alaska is threatened by one of the most potentially damaging mines ever proposed. EPA has moved forward with a science-based, inclusive, transparent process, which, if implemented, should protect headwaters of an area that sees an annual run of 40 million salmon. The Bristol Bay fishery is worth in excess of $1.5 billion per year.

The committee plans to give Pebble Limited Partnership, [the mine owners], a gift-wrapped present, HR 4854, rewarding its many failures to produce a viable mining plan.

No EPA expansion of regulated waters.

Congressional Summary:

A BILL to preserve existing rights and responsibilities with respect to waters of the United States.
• The EPA Administrator are prohibited from developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed Definition of 'Waters of the United States' Under the Clean Water Act (April 21, 2014); or any substantially similar proposed rule.
• FEDERALISM CONSULTATION: The EPA Administrator shall jointly consult with relevant State and local officials to develop recommendations for a regulatory proposal, taking into consideration differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs.

Argument in opposition: (by Rep. Bishop, D-NY-1)

The enactment of H.R. 5078 would, unfortunately, lock in place the interpretive guidance of the Bush administration: traditional Clean Water Act protections over a significant percentage of waters has been called into question or have simply been lost. These are protections that existed for over 30 years prior to the issuance of the first Bush-era guidance in 2003 and are now all but lost, making it harder and more costly for individual States to protect their own waters should their upstream neighbors be unwilling or unable to fill in the gap in protecting water quality.

Pollution needs to go somewhere, and since pollution does not respect State boundaries when it travels downstream, it will have an adverse impact on the quality of life and the quality of the environment of those downstream States. Under H.R. 5078, the EPA would be prohibited from ensuring that polluters in Connecticut continue to reduce excessive amounts of nitrogen in the Sound, leaving my constituents in the State of New York without any recourse to stop them.