Annie Kuster on Environment

Bipartisan support for making animal cruelty a federal crime

"This legislation officially recognizes and punishes animal cruelty for the appalling crime it is," U.S. Rep. Annie Kuster, D-N.H., said. "In addition to protecting animals and holding people who abuse them accountable, the PACT Act will also keep Americans safe, as committing animal cruelty is often a warning sign that someone may commit crimes against people as well."

Endorsed Endorsed by LCV; supports conservation efforts.

The League of Conservation Voters (LCV) is a national non-profit organization that works to turn environmental values into national priorities.

Sponsored tightening restrictions on hydrogen sulfide emissions.

Congressional Summary:This Act may be cited as the 'Bringing Reductions to Energy's Airborne Toxic Health Effects Act' or the BREATHE Act.

• Repeals the exemption for aggregation of emissions from oil and gas sources (CAA section 112(n) paragraph 4).
• Considers hydrogen sulfide as a hazardous air pollutant, including oil and gas wells as sources of hydrogen sulfide.

Proponent's argument for bill: (StopTheFrackAttack.org, July 2012 BREATHE Act Fact Sheet):

The BREATHE Act would close two exemptions in the Clean Air Act (CAA) that threaten the health of communities wrestling with oil and gas production in their backyard. The CAA established limits for major pollution sources; smaller sources of pollutants that are controlled by a single operator, located close to each other, are "aggregated" and considered as one source of emissions. Unfortunately, the CAA exempts oil and gas wells from aggregation. The BREATHE Act would apply the CAA to oil & gas production.

A 1993 EPA Report to Congress on Hydrogen Sulfide Air Emissions Associated with the Extraction of Oil and Natural Gas clear

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."

Require labeling genetically engineered food.

Congressional Summary:

• [Require labeling] any food that has been genetically engineered or contains genetically engineered ingredients.
• Defines "genetically engineered" (GE) as a material intended for human consumption that is an organism produced through the intentional use of genetic engineering, or its progeny, without regard to whether the altered molecular or cellular characteristics of the organism are detectable.

Discussion of pro/con (Huffington Post 4/25/2013):

Polls show that the overwhelming majority of Americans--over 90%--supports mandatory labeling of foods with GE ingredients. 64 other countries already require such labels. However, strong opposition from the agriculture and biotech industries has scuttled proposals for GMO (Genetically-Modified Organisms) labeling laws in the past. The most recent and high-profile of these failed attempts at a GMO labeling requirement was California's Proposition 37, which was narrowly defeated after opponents spent $50 million lobbying against it. "Unfortunately, advocates of mandatory GMO labeling are working an agenda to vilify biotechnology and scare consumers away from safe and healthful food products," a Biotechnology Industry Organization spokeswoman wrote.

Argument in opposition (Food Democracy Now 5/26/2012):

Exactly 20 years ago today, the first Bush administration declared genetically engineered foods to be "substantially equivalent" to foods that farmers had traditionally bred for thousands of years. With this single policy, the US government radically altered the food supply, introducing novel genes into our food that had never before been consumed by humans. Corporate executives at Monsanto colluded with elected officials to make sure that their new "products" were placed onto the market as quickly as possible. Two decades later, Americans are still denied the basic right to know what's in their food because of this infamous policy.

Voted NO on requiring limited GMO labeling.

A BILL to require the Secretary of Agriculture to establish a national disclosure standard for bioengineered foods.

Cato Institute recommendation on voting YES: President Obama quietly signed legislation requiring special labeling for commercial foods containing genetically modified organisms (GMOs)--plants and animals with desirable genetic traits that were directly implanted in a laboratory. Most of the foods that humans & animals have consumed for millennia have been genetically modified, by cross-fertilization. Yet the new law targets only the highly precise gene manipulations done in laboratories. Anti-GMO activists oppose the new law because it preempts more rigorous regulation. And that's exactly the goal of this bill, to the frustration of the anti-GMO crowd.

JustLabelit.org recommendation on voting NO (because not restrictive enough): Senators Roberts (R-KS) and Stabenow (D-MI) introduced a compromise bill that would create a mandatory, national labeling standard for GMO foods. This bill falls short of what consumers expect--a simple at-a-glance disclosure on the package. As written, this compromise might not even apply to ingredients derived from GMO soybeans and GMO sugar beets. We in the consumer rights community have dubbed this the "Deny Americans the Right-to-Know" Act (DARK Act). We need to continue pressing for mandatory GMO labeling on the package.

Heritage Foundation recommendation on voting NO (because too restrictive): The House should allow [states, at their choice,] to impose [a more] restrictive labeling mandate, but prohibit the state from regulating out-of-state food manufacturers engaged in interstate commerce. Instituting a new, sweeping, federal mandate that isn't based on proven science shouldn't even be an option.

Legislative outcome: Passed by the Senate on July 7th, passed by the House on July 14th; signed by the President on July 29th