Alan Nunnelee on Environment

Stop considering manure as pollutant or hazardous.

Congressional Summary:Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean:

1. digestive emissions, feces, urine, urea and other excrement from livestock;
2. any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock;
3. any process water associated with such items; and
4. any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items.

Opponent's Comments (Jim Ruen on AgProfessional.com, Oct. 3, 2011): Since when can a fertilizer dealer operate without concern for environmental regulation and impact? Let's face it, we aren't talking about Ma and Pa Kettle with their six milk cows and three sows here spreading a load of manure on the back 40. We are talking about CAFO units with thousands of animals and tens of thousands or more tons/gallons of manure. While a few maybe spreading on their own land, most are selling it to area farmers. At a time when fertilizer dealers and companies have to be conspicuously careful with how they handle product, why shouldn't mega-livestock operators be equally regulated as they sell their "waste" product for its nutrient and soil building value. Since when do commercial N, P and K producers or handlers get a free ride from the EPA...or Congress?

Rated 0% by HSLF, indicating an anti-animal welfare voting record.

112th Mid-Term Humane Scorecard: The Humane Society Legislative Fund has posted the final version of the 2011 Humane Scorecard, where you can track the performance of your federal lawmakers on key animal protection issues during last year. We rated legislators based on their voting behavior on measures such as agribusiness subsidies, lethal predator control, and the Endangered Species Act; their cosponsorship of priority bills on puppy mills, horse slaughter, animal fighting, and chimps in research; their support for funding the enforcement of animal welfare laws; and their leadership on animal protection. All of the priority bills whose cosponsorships we're counting enjoy strong bipartisan support; in the House, each of the four now has more than 150 cosponsors.

The Humane Scorecard is not a perfect measuring tool, but creating some reasonable yardstick and allowing citizens to hold lawmakers accountable is central to our work. When the Humane Scorecard comes out each year, it helps clarify how the animal protection movement is doing geographically, by party affiliation, and in other categories. It helps us chart our course for animals by seeing where we have been effective, and where we need to improve.

Sponsored no permits for legal pesticide runoff into lakes & streams.

Congressional Summary:Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to prohibit the EPA or a state from requiring a permit for a discharge into navigable waters of a pesticide authorized under FIFRA. Excepts stormwater discharges and discharges of manufacturing or industrial effluent.

Proponent's argument for bill:(Blue Ridge Times-News, April 2013): Sen. Kay Hagan announced a bill to eliminate a "redundant and burdensome" requirement that 365,000 pesticide users get a CWA permit before spraying in or near lakes and streams. Farmers and other chemical users already have to meet stringent requirements for pesticide application under FIFRA, Hagan said, and the CWA permit only adds a duplicative, unnecessary layer of bureaucracy. Hagan said the "overlapping regulations" have also forced some municipalities to cut down on spraying for mosquitoes "because they don't have the manpower (to deal with the extra red tape), and they fear lawsuits."

Opponent's argument against bill: (Oregon Sierra Club newsletter Dec. 2012): Rachel Carson's "Silent Spring" turned 50 this fall: it catalyzed the environmental movement [by focusing on pesticides like DDT]. Today we still face the issues she outlined in Silent Spring. Pesticide law and regulation in the US is a case study in corporate capture: beholden to the farm lobby in Congress, all the way back to the 1947 formation of FIFRA.

FACT: From 1988 to 1995, more than 65 bills were introduced in Congress to tighten pesticide regulations. None of them passed.

FACT: In the late 1990s, two separate investigations revealed that more than half of all former top-level pesticide regulators at the EPA subsequently went to work for, or were paid by, pesticide and chemical industry interests actively involved in fighting EPA efforts to protect the public from pesticides.

No EPA permits required for forest road runoff.

Congressional Summary:Amends the Clean Water Act to prohibit the EPA from requiring permits for a discharge of stormwater runoff resulting from silviculture activities.

Opponent's argument against bill: (Evergreen Magazine and Washington Forest Law Center): In Aug. 2010, the Ninth Circuit Court of Appeals ruled unanimously that polluted stormwater generated by logging roads is subject to regulation under the Clean Water Act. [The ruling meant] that rain runoff from forest roads constituted an industrial (not forestry) activity, which should be considered a "point source" discharge under the CWA. The lawsuit was brought because forest roads have been dumping sediment into rivers that support myriad species of salmon and resident trout, all of which are at risk from the pollution. The ruling will require State agencies to issue permits and ensure that road construction and maintenance practices limit or eliminate such discharges.

In March 2013, the US Supreme Court reversed the Ninth Circuit: permits are not required for stormwater discharges from pipes, ditches and channels along logging roads. [This legislation supports the Supreme Court ruling, against the Ninth Circuit conclusion].

Proponent's argument for bill: (Press release by sponsors):

Sen. WYDEN (D-OR): "We need a healthy timber industry to provide timber jobs and to do the restoration work that ensures healthy forests. The way to do that is to stop litigating questions that have already been answered."

Sen. CRAPO (R-ID): "The jobs and economic activities relating to the forest products industry are critical to the Pacific Northwest. The Clean Water Act was not intended to regulate stormwater runoff on forest roads."

Rep. HERRERA BEUTLER (R-WA): "At the heart of our efforts are the moms and dads employed by healthy, working forests--and passing this law will help make sure they have jobs, and will help make our forests healthy."

Allow importing ivory from controlled sources.

A BILL to amend the Endangered Species Act of 1973 to protect and conserve species and the lawful possession of certain ivory in the United States.

Argument in opposition from National Geographic news Aug. 29, 2014:

Since 1989, [there has been a worldwide] "ban" the international trade in ivory after a ferocious wave of poaching in Africa. Some conservationists say that a limited legal ivory trade is needed to satiate demand, especially in China, in a controlled manner. Many others argue that the 1989 ban must be kept in place to protect elephants.

Elizabeth Bennett, of the Wildlife Conservation Society (WCS), says it is impossible to have a controlled trade in elephant ivory. Bennett says she examined the prospect for a legal market in ivory and concluded that because corruption in some countries among certain government officials is so pervasive. The overarching problem is that "once illegal ivory has entered the legal trade, it's difficult or impossible for enforcement officers to know what's legal and illegal."

Argument in favor from NRA's Institute for Legislative Action:

In a supposed attempt to preserve African elephants, the Obama administration has begun a series of arbitrary decrees that will destroy the value of property held by countless gun owners, art collectors, musicians and others.

For decades, the US has banned the commercial importation of African elephant ivory other than antique items. However, legally [previously] imported ivory may be sold within the US. On Feb. 11, 2014, the Obama administration announced a proposal to ban all US commercial trade in elephant ivory. Since ivory is used in items such as firearms, knives, furniture, jewelry, art, and musical instruments, the ban would effectively make these items valueless for their owners.

The Lawful Ivory Protection Act would return the rules on importation and possession of lawful ivory to those that were in effect before Feb. 2014.