Tom Cotton on Environment

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."

Build Keystone XL; it's now passed environmental concerns.

Dear Mr. President,

We are writing to request that you end your opposition to the Keystone XL pipeline by allowing its long-delayed approval process to be finalized.

When you intervened in January of last year to stop the nearly completed approval process, you emphasized the potential negative environmental impact of the pipeline's proposed route in Nebraska. These concerns have now been addressed. Nebraska Governor Dave Heineman once opposed the pipeline's route on environmental grounds. However, on January 22, 2013, Gov. Heineman sent you a letter officially informing you of his approval of the new proposed pipeline route.

If approved, the positive impact on our economy would be felt almost immediately. Keystone XL would create an estimated 20,000 new jobs directly, and 200,000 indirectly. Keystone XL would also advance our national security, by providing secure access to petroleum from Canada.

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.