Natural Resources Defense Council's
LEGISLATIVE WATCH
June 17, 1999
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Contents:
1)LEGISLATIVE WATCH
2)ABOUT OUR BULLETINS
The information in this bulletin -- and more -- is also available at our World
Wide Web site -- http://www.nrdc.org. The web version links to the text of bills
and Congressional web pages.
1)LEGISLATIVE WATCH
This is a status report on Congressional action on the environment. To make the
changes from week to week easy to find, we've highlighted them with:
= N O T E ! =
6/17/99
With Congress focusing most of its time on gun control legislation, little new
action has occurred on pending environmental bills. Once again, the main
environmental threats are expected to appear as riders to the various
appropriation bills Congress will consider over the summer.
Budget
On 5/21, President Clinton signed into law the 1999 Emergency Supplemental
Appropriations bill (Public Law 106-31), providing funds for the conflict in
Kosovo and relief to victims of Hurricane Mitch. Once again, must-pass budget
legislation has been used to enact controversial anti-environment provisions.
The law will:
**Override environmental objections to the Crown Jewel mine in Washington state.
Authored by Sen. Slade Gorton (R-WA), this rider exempts the controversial
proposed gold mine at Buckhorn Mountain in north central Washington from key
provisions of the 1872 Mining Law. The Crown Jewel Gold Mine is therefore
allowed to move forward despite a recent Interior Department ruling denying a
permit to the facility because of serious concerns regarding the disposal of
mining waste. This provision would also block the enforcement of mining waste
limitations under the 1872 Mining Law for all existing mines and mine proposals,
until the end of this fiscal year.
**Delay pending Bureau of Land Management mining regulations. Originating in
the Senate version of this bill and sponsored by Sen. Harry Reid (D-NV), this
provision would once again block reform of outdated hardrock mining regulations
that annually provide millions of dollars in taxpayer subsidies for destructive
mining operations.
**Block a new Oil Royalties Valuation Rule. This rider would further delay the
long awaited oil valuation rule from going into effect, thus allowing oil and
gas industries to dodge millions of dollars in oil royalties fairly owed to
American taxpayers. The rule, which has been subject to more than two years of
comments and discussion, was scheduled to take effect last summer.
Congressional leaders remain divided over allocations for the 13 appropriations
committees that fund the various government agencies. House Appropriations
Committee Chairman Bill Young (R-FL) and Senate counterpart Ted Stevens (R-AK)
have proposed deep cuts in what are known as "302(b) allocations," which each
committee must split up among the agencies it funds. Such deep cuts are based on
the spending caps contained in the 1997 balanced budget agreement. The budget
deal allowed discretionary spending to creep up during the first two years, but
provides for dramatic cuts over the next three. Many in Congress, together with
the Clinton administration, oppose such drastic reductions in important social
programs.
...........
Clean Air
On 5/14, a three-judge federal appeals panel overturned vitally important new
standards designed to reduce smog and soot pollution that endangers the health
of millions of Americans. The standards were issued in 1997 over the objection
of oil companies, auto manufacturers and other polluters, some of whom brought
the lawsuit resulting in the court's decision. The panel said in its decision
(American Trucking Association v. EPA) that the EPA must more precisely identify
the criteria it uses to set air quality standards under the Clean Air Act,
otherwise the power Congress gave the agency under the act would be "an
unconstitutional delegation of legislative power." This ruling is at odds with
decades of successful clean air programs and 50 years of judicial history
regarding delegation of powers. The EPA has announced plans to appeal the
decision and environmentalists are urging the agency to take its appeal to the
Supreme Court if necessary.
...........
Coastal Protection
On 4/22, the House overwhelmingly approved the Beaches Environmental Assessment,
Cleanup, and Health bill (or BEACH, H.R. 999). Riding a wave of bipartisan
support, H.R. 999 authorizes $30 million for states to establish minimum water
quality standards, monitor their coastal recreational waters, and notify the
public when beach waters are contaminated with disease-causing pathogens. A
companion bill (S. 522) was introduced in the Senate by Sen. Lautenberg (D-NJ)
but no action has been taken.
...........
Endangered Species/Wildlife
On 5/20, Sen. Chafee (R-RI) joined Sens. Crapo (R-ID) and Domenici (R-NM) in
introducing a narrow bill (S. 1100) to reform recovery plans developed under the
Endangered Species Act. While the bill encourages recovery plans for listed
species, many environmentalists oppose the bill for being pro-development.
Rep. Miller (D-CA) has introduced a comprehensive bill (H.R. 960) to reform the
Endangered Species Act. Sen. Lautenberg (D-NJ) is expected to introduce a
companion bill.
...........
Electric Utility Restructuring
= N O T E ! =
On 6/17, the House Commerce Energy and Power Subcommittee will hold a hearing on
the Clinton administration's bill (H.R. 1828) to restructure the nation's
electric industry. Although its incentives for renewable energy, energy
efficiency, and low-income energy services represent a step in the right
direction, the plan falls short of what many environmentalists believe is
necessary to reduce air pollution from electric utilities. Such pollution is a
dominant cause of smog, deadly soot, global warming, pollution in national
parks, toxic contamination of fish, and polluted estuaries.
...........
Global Warming
= N O T E ! =
On 6/9, the House Appropriations Committee approved a transportation spending
bill (H.R. 2084) for fiscal year 2000. The bill includes language blocking an
increase in fuel-efficiency standards (known as CAFE standards) for automobiles.
Raising these standards, which have not been improved in the past 15 years,
offers one of the nation's best options for reducing greenhouse-gas pollution.
...........
Nuclear Waste
On 4/21, the House Commerce Committee passed H.R. 45, which provides a
temporary, above-ground storage dump for high-level nuclear waste at Yucca
Mountain, NV. As a result of efforts to obtain bipartisan support, the bill
includes a measure that absolves the Department of Energy from liability if it
fails to meet the deadlines in the bill. Numerous safety concerns have been
raised about the interim facility, including the risk involved with transporting
nuclear waste, the environmental standards at the interim facility, and the fact
that the project may reduce both the funding and the incentive for a permanent
storage facility.
On 3/15, Sen. Murkowski (R-AK) introduced a bill (S. 608) addressing the
temporary disposal of nuclear waste. This bill is similar to H.R. 45 in that it
provides for the temporary storage of nuclear waste at Yucca Mountain in Nevada,
but differs in several areas, including waste transportation, interim facility
licensing, and radiation standards. Sen. Murkowski delayed consideration of his
bill, scheduled for 5/19, in an effort to negotiate a compromise with Democrats
and the Clinton administration.
...........
Public Lands
The House Resources Committee held hearings on 3/9 and 3/10 on bills introduced
by Reps. Miller (D-CA) and Young (R-AK) to fund wildlife conservation efforts
including the Land and Water Conservation Fund. Rep. Miller's bill, the
"Permanent Protection for America's Resources 2000 Act" (H.R. 798), was also
introduced in the Senate (S. 446) by Sen. Boxer (D-CA). The bill, similar to the
Clinton administration's Lands Legacy Initiative, includes funding for the LWCF
and guarantees about $2 billion annually for public land acquisition by federal
and state governments, restoration of national parks, preservation of farmland
and open space, and restoration of depleted fish and wildlife resources. Rep.
Young (R-AK) also introduced a bill to fund the Land and Water Conservation Fund
(H.R. 701, which is similar to a bill introduced in the Senate, S. 25, but this
bill contains an incentive for states to continue environmentally harmful
offshore drilling.
Sen. Feinstein (D-CA) has also introduced a bill (S. 532) to permanently fund
the Land and Water Conservation Fund. This bill would provide $810 million for
the LWCF and $90 million for urban parks and recreation facilities. S. 532
differs from the other bills mentioned above in that it funds only the LWCF and
not additional programs.
On 4/29, Sens. Reid (D-NV) and Bryan (D-NV) introduced a bill (S. 930)
authorizing the sale of public land managed by the Bureau of Land Management to
Clark County, NV, for construction of a large cargo airport. The bill would
circumvent environmental review and public participation, which are currently
required. The proposed airport threatens the scenic vistas and fragile habitat
of the nearby Mojave National Preserve. Rep. Gibbons (R-NV) has introduced a
companion bill (H.R. 1695) in the House.
...........
Regulatory Reform
Reps. Greenwood(R-PA) and Dooley (D-CA) are working on a new bill to "reinvent"
the regulatory process. The bill would grant the Environmental Protection
Agency broad authority to waive environmental regulations for businesses that
pledge to take appropriate steps to protect the environment. As drafted, the
bill does not provide adequate safeguards to ensure protection of public health
and the environment.
In a contentious session on 5/20, the Senate Governmental Affairs Committee
approved a sweeping regulatory reform bill (S. 746) introduced by Sens. Thompson
(R-TN) and Levin (D-MI), which is a revamped version of legislation from the
last Congress (S. 981) that passed through committee but never made it to the
Senate floor. The bill would require federal agencies to perform risk assessment
and cost-benefit analysis for major pieces of legislation. Even as modified to
include provisions requested by the Clinton administration, this bill would
undermine legislation that protects the environment, public health, and safety.
On 5/19, the House Government Reform and Oversight Committee approved a
regulatory accounting bill (H.R. 1074) introduced by Reps. Bliley (R-VA) and
McIntosh (R-IN). The bill adds bureaucratic hurdles that must be surmounted by
agencies charged with safeguarding the nation's health, safety, and environment
by requiring that the Office of Management and Budget estimate the costs and
benefits for every regulation. This bill is similar to S. 59 introduced by Sen.
Thompson (R-TN). While some call the bills "good government," the result would
be a bias towards the regulatory costs of legislation over the environmental,
health, and safety benefits.
...........
Right to Know
= N O T E ! =
Both the House and Senate are expected to take action the week of 6/14 on a bill
(H.R. 1790/S. 880) that could block the scheduled release of worst-case possible
accident scenarios at over 60,000 chemical sites across the country. The release
of such information was required under the Clean Air Act, in order to inform the
public about potential risks from chemical explosions and leaks in their
neighborhoods. The FBI, however, has raised concerns that the information would
aid terrorists in selecting targets. The Clinton administration has offered an
amendment to delay release of the information for a year so that procedures to
address security concerns can be established. Environmentalists oppose both the
bill and the proposed amendment, arguing that it is the use of dangerous
chemicals, rather than information about those chemicals, that should be
limited.
...........
Takings
On 5/13, Senate Judiciary Committee Chairman Hatch (R-UT) introduced a bill (S.
1028) to create new opportunities to bring "takings" claims, wherein developers
and other private landowners seek compensation for not polluting or not building
on protected land. Like his bill in the last Congress (S. 2271), Hatch's new
bill would allow developers to circumvent local zoning procedures to sue towns,
cities, and counties for alleged takings directly in federal court.
...........
Superfund
= N O T E ! =
On 6/10, the House Transportation Subcommittee for Water Resources and the
Environment approved a bill (H.R. 1300) introduced by Rep. Boehlert (R-NY) to
reform the Superfund law, which governs cleanup of hazardous wastes. Among
other things, the bill would promote redevelopment of "brownfields"
(contaminated sites that have been partially, but not completely, cleaned up);
exempt small businesses, municipalities and recyclers from liability; and
reinstate the taxes on chemical and petroleum manufacturers to provide funds for
cleanup. Negotiations over the bill continue in order to gain bipartisan and
EPA support.
...........
Water Resources
On 4/29, the Water Resources Development Act (H.R. 1480) was overwhelmingly
approved on the House floor. The bill funnels more than $2.8 billion toward a
long list of water projects. While some of these are environmentally damaging,
for the first time some of this funding would also be used to preserve natural
floodplains. A controversial California project promoted by Rep. Doolittle
(R-CA) was stripped from the bill before floor consideration. However, the bill
still includes numerous destructive taxpayer-subsidized projects. The Senate
version of this bill, funding 45 new water projects at a federal cost of $2.5
billion, was approved on 4/19.
...........
2)ABOUT OUR BULLETINS
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