Here's the latest, if you can stand it. Continuing Resolution Update as of Friday afternoon: H.R.1, the proposed Continuing Resolution currently being debated on the House floor makes drastic cuts to our environmental and natural resource agencies that will fundamentally undermine their mission to protect public health and the environment.
The bill would cut more than $100 billion dollars from the President’s FY 2011 budget request and targets already underfunded programs and agencies charged with protecting and providing for the health and well-being of citizens as well as those that care for and manage our federal lands for the benefit of all Americans. The proposed 30% cut to EPA's budget for example, represents the largest percentage cut in 30 years. In addition to these crippling budget reductions, legislative riders included in the underlying bill represent an unprecedented attack on our air, water, wildlife and wildlands. But the damage doesn't end there; amendments continue to be offered on the floor that goes after.
Below are specific amendments to this bill the DC office is monitoring, though there may be others coming in the next 24 hours.
Clean Water –
o EPA's authority to set numeric standards for nitrogen and phosphorus in Florida
o Rep. Tom Rooney (FL) has an amendment that would stop the EPA from setting enforceable standards to control pollution from sewage, manure, fertilizers and other sources of nitrogen and phosphorus that have caused toxic algae bloom that can sicken people and animals. If the EPA is unable to complete setting standards in Florida, it will send a signal to other states that they, too, can ignore the pressing need to set effective standards to control these pervasive pollutants.
o EPA's authority to enforce a cleanup of Chesapeake Bay
o After decades of failed state cleanup efforts, the EPA released a comprehensive cleanup plan for the Bay in December. Rep. Goodlatte (VA) has offered an amendment to stop the EPA from enforcing the plan if the states fail to meet their commitments. Without federal pressure, there is no guarantee that the region's states will continue to miss cleanup deadlines, as they have so often in the past.
Clean Air –
1) Amendment #466 blocks EPA from regulating CO2 and other air pollutants: Rep. Ted Poe (R-TX) has introduced an amendment that would block any EPA efforts to regulate carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, or perfluorocarbons. This amendment would tie the EPA’s hands to address these pollutants FOR ANY REASON, including their impacts on ozone, climate change, or any other public health threat. This amendment would interfere with EPA's acid rain program, which relies on CO2 monitors to enforce emission limits for Sulfur dioxide, block work to reduce CO2, and prevent enforcement of ozone depletion rules covering emissions of HFCs and perfluorocarbons from refrigeration and other equipment. Issuing a stop-work order to the EPA would accomplish nothing other than to ensure that more dangerous pollution is dumped into the air and that U.S. companies fall behind in the global competition for clean energy markets.
2) Amendment #563 blocks EPA’s Set Health-Protective Limits on Harmful Particle Pollution: Rep. Kristi Noem (R-SD) has introduced an amendment (#563, page H934) that irresponsibly blocks EPA’s legal obligation and scientific process to adopt health standards defining how much coarse particle pollution (PM10) is unhealthy for Americans to breathe. The amendment would force EPA to stick with outdated, unhealthy standards and means Americans would be forced to breathe air that EPA scientists and outside doctors and scientists have determined to be unhealthy. Fine and coarse particles come from power plants and diesel exhaust and oil refineries and pesticide applications and engines of all sorts. Our bodies are harmed by the size of these particles and their ability to penetrate our lungs and hearts without regard to where the harmful particles originated. Forms of coarse particle pollution have been controlled under the Clean Air Act for nearly 40 years without interfering with farming or other economic activities.
Mountaintop Removal -
o There are several amendments that would block agencies from taking action to limit destructive coal mining, including mountaintop removal. Rep. Morgan Griffith (VA) has an amendment that would stop the EPA from using its existing guidance to protect streams from mining waste pollution. In addition, it would prevent the EPA from carrying out its "enhanced review" of existing mining permits in Appalachia. The EPA's policies have effectively stopped the vast majority of pending mountaintop removal permits.
o In addition, there are two very similar amendments by Rep. Johnson (OH) that would prevent the Office of Surface Mining from issuing its planned "stream protection rules." Although these rules may not have a great environmental benefit, based on our review of a leaked draft, industry has already portrayed the rules as a job-killer.
o Rep. McKinley (WV) has introduced an amendment that would repeal a provision in the Clean Water Act that gives the EPA the authority to veto permits that would have an unacceptable adverse effect on our water, fish or wildlife. This would force the EPA to ignore scientific evidence of environmental damage a permit would cause. The impetus for the amendment is a recent EPA veto of one of Appalachia's largest mountaintop removal mines, but the effect of the amendment is not limited to mountaintop removal projects.
Coal Ash –
o Amendments 10 by Rep. Stearns and Amendment 217 by Rep. McKinley that would stop EPA from implementing consistent and enforceable safeguards that will protect human health and the environment by ensuring safe disposal of coal ash across the nation. We expect a vote on Amendment 217 later today and are reaching out to the House to say NO to this amendment and encouraging out champions in the House to speak on the Floor of the House against this.
Lands Issues –
The DC Lands Team is monitoring the following amendments:
o Amendments 92 and 203 by Rep. Heller and Rep. Labrador respectively to prevent the President from designating national monuments under the Antiquities Act.
o Amendments 127 and 533 by Rep. Young to exempt America’s Arctic from air pollution controls for Outer Continental Shelf (OCS) activities, including oil and gas drilling.
o Amendment 177 by Rep. Herger to prohibit funding to implement or enforce vital pieces of the Forest Service’s Travel Management Rule, opening trails and roads to ORV use.
o Amendment 194 by Rep. Lummis to amend the gray wolf delisting provision to substitute to original 2008 delisting for the 2009 delisting.
o Amendment 251 by Rep. Scalise to require DOI to approve drilling on the OCS, regardless of consequence.
o Amendment 342 by Rep. Pearce to prohibit funds to be used to continue operation of the Mexican Wolf recovery program.
o Amendment 344 by Rep. Pearce to prohibit funds to be used for attorneys’ fees or legal expenses of any person in regards to an action brought by that person seeking enforcement of the National Environmental Policy Act.
o Amendment 345 by Rep. Pearce to prohibit funds to be used for attorneys’ fees or legal expenses of any person in regards to an action brought by that person seeking enforcement of the Endangered Species Act.
o Amendments 350, 352, 354, 356, 358 by Rep. Pearce and Amendment 193 by Rep. Lummis to eliminate all funding for the Land and Water Conservation Fund, which is paid for by oil drilling receipts, not taxpayer dollars.
o Amendment 515 by Rep. Bishop to defund the National Landscape Conservation System.
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