John Thune on Environment Republican Jr Senator; previously Representative (SD-AL)

Voted YES on prohibiting eminent domain for use as parks or grazing land.

• public utility
• road or other right of way
• an aqueduct or pipeline
• a prison or hospital
• national disaster

Proponents support voting YES because:

Sen. CRAIG: "Eminent domain was elevated greatly as an issue following a highly controversial 2005 Supreme Court decision known as Kelo vs. The City of New London. Since that decision, we as a nation have allowed state & local governments to utilize eminent domain to force landowners to yield their property to private development. Farmers and ranchers in particular have become vulnerable to state and local governments taking their property for economic development or open space designations. My amendment is a very targeted amendment. It addresses only cases in which private working agricultural land is taken and turned into public open space."

Opponents recommend voting NO because:

Sen. HARKIN: This amendment doesn't reach the Kelo decision [because Kelo was about taking open space for private development]. Under this amendment they can still do that.

CRAIG. Oh, I disagree totally. We reach a portion of Kelo that is now most frequently impacting farms and ranches, and that is open space for open space.

HARKIN. The amendment has the Federal Government telling a local government what it can and cannot do within its own jurisdiction.

Letter from the National Conference of State Legislatures & US Conference of Mayors:

"This amendment is not only ill-advised, but it is also unconstitutional [because it] preempts state & local land use laws. The 5th Amendment expressly permits the taking of private property for public use provided just compensation is provided to the owner. The power of eminent domain has always been, and should remain, a state and local power."

Voted NO on including oil & gas smokestacks in mercury regulations.

• Limits smokestack emissions in a two-phase program founded on a market based capping system
• Calls for the first cap to limit mercury emissions to 38 tons in 2010
• Requires the second and final cap to begin in 2018 and stay fix at 15 tons

Reduce liability for hazardous waste cleanup.

Title: To provide relief for small businesses from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Summary:
• Amends CERCLA to provide that persons shall be liable for response [cleanup] costs as non-owners or operators only if the total of material containing a hazardous substance was greater than 110 gallons of liquid material or 200 pounds of solid material.

• Applies this exemption only to activities taking place before April 1, 2001.

• Exempts a person from liability for response costs for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW.

• Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above-described exemptions.

• Adds to the list of parties eligible for de minimis [inconsequential] final settlements certain persons and businesses that demonstrate an inability or limited ability to pay response costs.