Jeff Duncan on Environment

Stop considering manure as pollutant or hazardous.

Congressional Summary:Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean:

1. digestive emissions, feces, urine, urea and other excrement from livestock;
2. any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock;
3. any process water associated with such items; and
4. any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items.

Opponent's Comments (Jim Ruen on AgProfessional.com, Oct. 3, 2011): Since when can a fertilizer dealer operate without concern for environmental regulation and impact? Let's face it, we aren't talking about Ma and Pa Kettle with their six milk cows and three sows here spreading a load of manure on the back 40. We are talking about CAFO units with thousands of animals and tens of thousands or more tons/gallons of manure. While a few maybe spreading on their own land, most are selling it to area farmers. At a time when fertilizer dealers and companies have to be conspicuously careful with how they handle product, why shouldn't mega-livestock operators be equally regulated as they sell their "waste" product for its nutrient and soil building value. Since when do commercial N, P and K producers or handlers get a free ride from the EPA...or Congress?

Member of House Natural Resources Committee.

The U.S. House Committee on Natural Resources, or Natural Resources Committee, has jurisdiction over issues of:

• Fisheries and wildlife, including research, restoration, refuges, and conservation.
• Forfeiture of land grants and alien ownership, including alien ownership of mineral lands.
• United States Geological Survey.
• International fishing agreements.
• Interstate compacts relating to apportionment of waters for irrigation purposes.
• Irrigation and reclamation, including water supply for reclamation projects and easements of public lands for irrigation projects; and acquisition of private lands when necessary to complete irrigation projects.
• Native Americans generally, including the care and allotment of Native American lands and general and special measures relating to claims that are paid out of Native American funds.
• Insular possessions of the United States generally (except those affecting the revenue and appropriations).
• Military parks and battlefields, national cemeteries administered by the Secretary of the Interior, parks within the District of Columbia, and the erection of monuments to the memory of individuals.
• Mineral land laws and claims and entries thereunder.
• Mineral resources of public lands, including the Outer Continental Shelf.
• Mining interests generally.
• Mining schools and experimental stations.
• Marine affairs, including coastal zone management (except for measures relating to oil and other pollution of navigable waters).
• Oceanography.
• Petroleum conservation on public lands and conservation of the radium supply in the United States.
• Preservation of prehistoric ruins and objects of interest on the public domain.
• Public lands generally, including entry, easements, and grazing thereon.
• Relations of the United States with Native Americans and Native American tribes.
• Trans-Alaska Oil Pipeline (except ratemaking).

Rated 13% by HSLF, indicating an anti-animal welfare voting record.

112th Mid-Term Humane Scorecard: The Humane Society Legislative Fund has posted the final version of the 2011 Humane Scorecard, where you can track the performance of your federal lawmakers on key animal protection issues during last year. We rated legislators based on their voting behavior on measures such as agribusiness subsidies, lethal predator control, and the Endangered Species Act; their cosponsorship of priority bills on puppy mills, horse slaughter, animal fighting, and chimps in research; their support for funding the enforcement of animal welfare laws; and their leadership on animal protection. All of the priority bills whose cosponsorships we're counting enjoy strong bipartisan support; in the House, each of the four now has more than 150 cosponsors.

The Humane Scorecard is not a perfect measuring tool, but creating some reasonable yardstick and allowing citizens to hold lawmakers accountable is central to our work. When the Humane Scorecard comes out each year, it helps clarify how the animal protection movement is doing geographically, by party affiliation, and in other categories. It helps us chart our course for animals by seeing where we have been effective, and where we need to improve.

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."

Build Keystone XL; it's now passed environmental concerns.

Dear Mr. President,

We are writing to request that you end your opposition to the Keystone XL pipeline by allowing its long-delayed approval process to be finalized.

When you intervened in January of last year to stop the nearly completed approval process, you emphasized the potential negative environmental impact of the pipeline's proposed route in Nebraska. These concerns have now been addressed. Nebraska Governor Dave Heineman once opposed the pipeline's route on environmental grounds. However, on January 22, 2013, Gov. Heineman sent you a letter officially informing you of his approval of the new proposed pipeline route.

If approved, the positive impact on our economy would be felt almost immediately. Keystone XL would create an estimated 20,000 new jobs directly, and 200,000 indirectly. Keystone XL would also advance our national security, by providing secure access to petroleum from Canada.

Voted YES to require 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