Environment Update
January 25, 2001
Volume II, Number 2
Regulatory Review Plan
On Jan. 20, 2001, President George W. Bush issued an order to cease publication of any new regulations in the Federal Register until newly appointed agency officials have had time to review them. The order also puts a 60-day delay on the effective date of published rules that have not taken effect. Included on that list are rules to: 1) protect 60 million acres of national forest from road construction and logging, 2) reduce arsenic in drinking water, and 3) reduce sulfur in diesel fuel. In particular, it has been rumored that Congress and the industry may attempt to roll back the U.S. Environmental Protection Agency's (EPA) sulfur standards with challenges coming in three possible ways:
- The U.S. EPA could draft a rule amending both the recent sulfur rule and a similar sulfur regulation approved in 1999;
- Congress could overturn the rule under the Congressional Review Act. The Act allows Congress to reject rules with a majority vote as long as the decision is made within 60 legislative days of issuance (Note: Congress has never used this authority);or
- The petroleum industry could seek judicial review of the standards.
A memo sent to the new administration's transition team by a number of associations of state and/or local environmental officials earlier this month, urged the U.S. EPA to 'resist' any challenges Congress makes to the rule. The memo went on to say that the rule provides significant benefits to air quality and to each individual State. NCSL will keep you apprised of the new administration approval and review of the applicable regulations.
President Bush is Urged to Support CARA
U.S. Representatives Don Young (R-AK) and John Dingell (D-MI) sent a letter to President Bush, seeking the Administration's early support of a planned reintroduction of the Conservation and Reinvestment Act (CARA). During the 106th Congress, the CARA proposal--permanent funding ($3 billion annually over the next 15 years) for wildlife and land conservation, recreation and coastal restoration--resulted in a compromise. It established a new six-year fund for land acquisition, conservation and maintenance, beginning with $1.6 billion in FY 2001 and increasing to $2.4 billion by FY 2006. The funds, however, would be subject to annual discretionary appropriations during years 2002-2006. Although the result dramatically increased funding for land conservation programs, some CARA supporters, who were seeking CARA entitlement, were disappointed that the money ended up back in the hands of the congressional appropriators. The two Congressmen explained in their letter to the President that the one-year compromise has resulted in a heightened desire for a comprehensive bill. For prior congressional action on CARA refer to Environment Update Volume I, Numbers 1 - 3 or visit our website at www.ncsl.org/statefed/EvUmenu.htm
Bush Administration to Review Yucca Mountain Standards
The U.S. EPA introduced new draft radiation standards for a proposed nuclear waste site in Yucca Mountain, Nevada on January 19, 2001. The rule includes a limit on exposure to radiation and a separate, more stringent standard for groundwater contamination in the site area. The Nuclear Policy Amendment Act passed in 1987, specified Yucca Mountain as a site to study for a possible repository for high-level radioactive waste and spent nuclear fuel. Because several temporary waste sites are waiting for a permanent site to open and because the site is the only location being studied, there is strong pressure to select the Nevada site. Senator Reid (D-NV), a strong opponent of the site, fears the new administration will reject the draft and soften the radiation standards. During a confirmation hearing for U.S. EPA nominee Christie Whitman, Reid told the Governor that he was opposed to the Nuclear Regulatory Commission (NRC) having an influence on the standards. The NRC has recommended a weaker standard and does not include groundwater protection.
Supreme Court Rules in Favor of States Regarding Land Use
On Jan. 9, 2001, the U.S. Supreme Court rendered yet another narrow five to four decision that preserves state authority, this time regarding land use. The majority wrote in Solid Waste Agency of Northern Cook County vs. U.S. Corps of Engineers that the federal government does not have the power to stop a landfill from being built atop seasonal ponds used by migratory birds. The federal agency had claimed that building the landfill would have violated the migratory bird rule. This 1986 rule is a clarification of the federal Clean Water Act that extends the definition of navigable waters to interstate waters that provide habitat for migratory birds. The majority wrote that using the rule to claim federal jurisdiction "would result in a significant impingement of the States' traditional and primary power over land and water use." The opinion is found at http://www.supremecourtus.gov/opinions/00slipopinion.html
Whitman's Confirmation Hearing
New Jersey Governor Christine Todd Whitman highlighted several of President Bush's principles during her Jan. 17, 2001 confirmation hearing for Administrator of the U.S. EPA. This included: 1) cooperation among all stakeholders in environmental protection; 2) providing flexibility to the states and to local communities, while maintaining a strong federal role; 3) continuing to set high standards; 4) a commitment to using strong science; and 5) the promotion of effective compliance with environmental standards without weakening [the administration's] commitment to vigorous enforcement of tough laws and regulations. "We will offer the carrot when appropriate, and always preserve the stick of enforcement," Whitman added. Whitman's nomination is scheduled for discharge from the Committee on Environment and Public Works on January 30, a full vote on the Senate floor will follow.
Note: Senator Barbara Boxer (D-CA) has introduced a bill (S 159) to elevate the EPA to a cabinet level department.
NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Staff Assistant
(202)624-8695
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