Alabama reacts to courts’ stay of controversial EPA water regulation
A U.S. federal appeals court temporarily halted the Environmental Protection Agency on Friday from implementing the “Waters of the United States,” a controversial regulation of the Clean Water Act that critics considered yet another federal power grab over state’s waters. Eighteen states including Alabama, sued the federal government earlier this year contesting that the rule goes too far and could be costly to landowners, as it expands the definition of bodies of water subject to federal pollution controls and development. Issued on a 2-1 vote from the Cincinnati-based U.S. Court of Appeals Sixth Circuit, the order was a preliminary victory for the for a group states, and put the regulations on hold nationwide until the court decides whether it has jurisdiction to consider lawsuits against said regulations. “A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new Rule and whether they will survive legal testing,” said the court’s order signed by Judges David McKeague and Richard Griffin. Here’s what Alabama officials have to say about the court’s ruling: Rep. Bradley Byrne (AL-01) on Facebook: Many of you have probably heard me talk about the EPA’s “Waters of the US” rule and the negative impact it would have on Alabama’s farmers. Well today we got some good news when a federal judge delayed the law from taking effect. This is a major victory over the heavy hand of government. Rep. Martha Roby (AL-02) in an email: This is good news for Alabama farmers, foresters and really property rights in general. I’ve heard from countless individuals in Alabama who are under threat of being aggressively and unnecessarily penalized by federal water regulators. Though temporary, the Court’s ruling is a relief for them and a win for our Constitutional separation of powers. Rep. Robert Aderholt (AL-04) on Facebook: This is great news for farmers across the 4th District and Alabama. This was another example of executive overreach. Rep. Mo Brooks (AL-05) on Facebook: Today’s ruling to halt the EPA’s misguided #WOTUS rule is a win for America’s farmers and landowners. I have been an outspoken critic of this extreme federal overreach while serving on the Science, Space, and Technology Committee and am pleased to see the courts recognizing the havoc this regulation would inflict across the nation. Rep. Gary Palmer (AL-06) in a press release: I am pleased that the Sixth Circuit has placed a stay on this onerous rule,” Palmer said. “It is well beyond the authority that Congress delegated to the EPA. This rule would allow the EPA to regulate almost any body of water, even ditches and isolated bodies on private land. This rule faces strong legal challenges. A nationwide stay ensures this rule is not implemented while litigation is ongoing, which will protect the American economy from EPA’s overreach. Alabama Attorney General Luther Strange: I am gratified that the U.S. Sixth Circuit Court of Appeals has granted the request of Alabama and 17 other states for a nationwide stay of the EPA’s flawed WOTUS rule pending the new environmental rule’s review in federal court,” said Attorney General Strange. The WOTUS rule is an unprecedented power grab by the EPA that practically extends to every landowner’s property and is so far-reaching and overly broad that even the U.S. Army Corps of Engineers has expressed serious concerns about its ability to be enforced. Alabama and the rest of the country are now given protection from the controversial new rule while it is being fought by our coalition of states in federal court
Martha Roby: Court halts EPA rule
Good news: the U.S. Sixth Circuit Court of Appeals has halted an attempt by the Environmental Protection Agency to expand its reach into private lands by making small ponds, streams and ditches subject to federal regulations. Federal regulators had attempted to go around Congress and redefine “Waters of the United States” in the Clean Water Act to include all manner of small areas where water collects, or could collect, such as ditches, puddles and even decorative ponds. Everyone agrees there should be sensible rules to ensure our water remains safe and clean. However, this kind of over-the-top, unilateral, unnecessary regulation from the federal government could result in sudden and drastic increases in compliance costs for farmers, foresters and almost anyone who owns land. I am strongly opposed to this kind of “backdoor legislating,” in which government agencies like the EPA decide to single-handedly impose new, aggressive regulations. Our Constitution separates the powers of government among the three branches and sets up a system of checks and balances to ensure the people – not the government – are ultimately in charge. Our laws have legitimacy because they are passed by representatives elected by and accountable to the people. That system is undermined when politically-appointed bureaucrats in federal agencies are allowed to impose unilateral, binding regulations. Fighting this regulatory overreach from the Executive Branch is one of my top priorities in Congress. In May, the House of Representatives passed H.R. 1732, The Regulatory Integrity Protection Act, which blocks the proposed rule from going into effect. The bill instructs the EPA and the Army Corps of Engineers to abandon their current proposed rule and start the rule making process over, seeking input from those who would be affected: state and local governments, farmers and private landowners, among others. However, as with many other issues, gridlock in the Senate has prevented this important bill from being considered. Thankfully, several states including Alabama filed suit against the EPA asking the Court to stop this power grab. The Sixth Circuit Court of Appeals granted a nationwide stay, meaning the EPA cannot impose their new rule while the court sorts out the legal case. In its ruling, the court wrote, “A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new Rule and whether they will survive legal testing. A stay honors the policy of cooperative federalism that informs the Clean Water Act and must attend the shared responsibility for safeguarding the nation’s waters.” This is good news for Alabama farmers, foresters and really property rights in general. I’ve heard from countless individuals in Alabama who are under threat of being aggressively and unnecessarily penalized by federal water regulators. Though temporary, the Court’s ruling is a relief for them and a win for our Constitutional separation of powers. Martha Roby represents Alabama’s 2nd Congressional District. She is currently serving her third term.
Hillary Clinton, Bernie Sanders, Martin O’Malley to headline Southern forum
Three Democratic presidential candidates are scheduled to attend a Nov. 6 forum in South Carolina. The nationally televised event at Winthrop University isn’t a debate. Instead, MSNBC host Rachel Maddow will conduct separate conversations with former Secretary of State Hillary Rodham Clinton, former Maryland Gov. Martin O’Malley and Vermont Sen. Bernie Sanders. The forum is sponsored by 12 state Democratic parties stretching from Virginia to Texas, along with the Democratic National Committee and South Carolina Congressman James Clyburn. The South will play a key role in choosing a nominee. South Carolina’s primary is Feb. 27. Many other Southern states follow in March. Party officials said all Democratic hopefuls were invited to Winthrop. They say Vice President Joe Biden would receive an invitation if he joins the race before Nov. 6. Republished with permission of the Associated Press.
5 things you need to know about Congress this week: 10/9/15
It was another jaw-dropping week on the Hill as Rep. Kevin McCarthy shocked both sides of the aisle in an eleventh hour bailout of the Speaker’s race, leaving questions about who can lead the seemingly fractured House Republican Conference. Here are the five things you need to know that happened in Congress this week: Rep. Kevin McCarthy drops his bed for Speaker In a stunning move, Majority Leader Kevin McCarthy withdrew his candidacy for House speaker Thursday, throwing Congress’ Republican leadership into chaos. Why it matters: Not only does the Speaker of the House wield tremendous power in Congress, but they also have even greater potential power, for n the event of a President’s death, the Vice President assumes office; after that, the Speaker of the House moves to the White House. Beyond the obvious power at stake, McCarthy’s move has left the House in turmoil with no clear choice to fill the key post. GOP lawmakers move bipartisan effort to reauthorize Ex-Im Bank forward While many watched as the U.S. Export-Import Bank was pronounced dead on the floor of Congress on June 30 — when its charter expired — a group of House Republicans have been busy trying to resuscitate the bank ever since. Friday, lawmakers backing the Ex-Im Bank gained enough support through a discharge petition to force a reform and reauthorization bill out of committee and on to the House floor for a vote to renew the agency’s charter. Why it matters: The discharge petition is designed to bypass the floor schedule set by Majority Leader. With the House Republican caucus in disarray, the impending vote only adds to the chaos. Senate Democrats unveil sweeping gun control proposal In the wake of yet another school shooting, Senate Democrats unveiled plans Thursday for gun control reforms that include closing background check loopholes, expanding the background check database, and tightening regulations on illegal gun purchases. Why it matters: If President Barack Obama wants to a leave a legacy, signing comprehensive gun reform in to law would certainly make for a large feather in his cap. As Obama heads to Roseburg today, he will meet with the families of the Umpqua Community College shooting and will re-commit to making said gun laws a priority. Already, he’s strongly considering using his executive power to act where Congress won’t by expanding background checks through executive action. Senate OK’s annual defense bill, sends it to the President Wednesday the Senate voted to approve the $612 billion National Defense Authorization Act (NDAA), 70 to 27. The NDAA authorizes funding for the Department of Defense and among other provisions includes a pay raise for troops, overhauling the military retirement system, which is currently only available to the 17 percent of service members who serve 20 plus years, and reworking the Pentagon’s acquisition system to improve efficiency and avoid cost overruns. Why it matters: President Obama has threatened to veto the bill. Should he do so, it would be only the fifth time that has happened in the past half-century. Panel established to investigate Planned Parenthood The House established a select panel under the Energy and Commerce Committee to investigate and report on all issues related to medical procedures and practices involving fetal tissue donation and procurement; federal funding and support for abortion providers; and late-term abortions, including partial-birth abortions and medical procedures for the care of “born alive” infants who survive abortion procedures. Why it matters: A series of videos released by the Center for Medical Progress, which contain strong evidence that Planned Parenthood and its affiliates broke the law by engaging in illegal sale of fetal body parts, have created public outrage as to how tax-payer dollars are being spent. Findings unearthed by the committee may potentially damage the future of Planned Parenthood, who’s tax-payer funding is already being questioned.
Govenor Robert Bentley announces Shape Corp. will invest $24 million for new plant in Athens
The office of Gov. Robert Bentley announced Friday that Michigan-based manufacturer Shape Corp. will build a new plant in Athens, the county seat of Limestone County. The plant will bring some $24 million in capital investment to the region along with 170 new jobs, according to a news release trumpeting the move. “I am honored that Shape Corp. has selected Alabama as the home of their new manufacturing facility, and I am proud of our state’s resources that helped secure this exciting new company,” Bentley said in a statement. “Alabama’s Robotics Technology Park and AIDT’s workforce training services were two key factors in securing Shape’s commitment to a long term partnership with our state. Alabama’s existing workforce, workforce training capabilities and pro-business infrastructure are all critical components in my endeavor to bring new jobs to Alabama.” The plant’s operations will consist of “design, engineering, testing and manufacturing of metal and plastic solutions,” according to the release. Athens Mayor Ronnie Marks was also enthused by the new development. “This $24-million investment by Shape Corp shows that Athens continues to be attractive to industries,” said Marks, who tipped his capped to his legislative partners. “I appreciate the Athens City Council for its efforts to support job growth in our city.” Construction on the new Athens site is set to begin this month and be operational by late summer 2016. The investment comes as welcome news to the governor, who of late has been plagued by poor relations with the state Legislature and beset by his public divorce from former First Lady Dianne Bentley.
Alabama business roundup: Headlines from across the state – 10/9/15 edition
What Alabama city has the ingredients necessary to become a hotbed for innovation and entrepreneurship? Who’s bringing 170 new jobs to Athens? Did you say ‘small business incentives that could drop power bills’? Who’s voting to a join a union? Answers to those questions and more in today’s Alabama business roundup: Alabama Newscenter: Airbus sponsorship brings private support for Mobile’s Riverside Ice to $80,000 With a $20,000 boost from Airbus Group, Mobile’s inaugural Riverside Ice attraction gained a title sponsor Tuesday, and the Port City took another step toward attaining “destination city” status. Just ask Santa Claus. In addition to its financial commitment, Airbus plans to fly Santa down from the North Pole to Riverside Ice every Saturday in December so the jolly old elf can keep a closer eye on exactly who’s being naughty or nice.“Airbus’ significant contribution will offer our community an amazing opportunity to delight in an outdoor pleasure that we typically don’t see in our neck of the woods,” Mobile Mayor Sandy Stimpson said of the effort to install a 50-foot by 70-foot portable ice rink in Cooper Riverside Park for the holidays. Allan McArtor, chairman and chief executive officer of Airbus Group, called the ice rink a “great activity for the Mobile community, and a terrific holiday experience for all.” “We look forward to seeing everyone at the rink – let’s just keep the ‘hard landings’ to a minimum,” McArtor said. The latest offshoot of the recently unveiled Mayor’s Initiative on Tourism, Riverside Ice will operate seven days a week from Nov. 12 through Jan. 16 Although the rink’s hours are expected to fluctuate according to holiday and school schedules, tentative hours of operation will be from noon to 10 p.m. on weekdays and noon until 11 p.m. on weekends. Admission for skating will be $10 for adults and $8 for children 12 and under, including the cost of skate rentals. Stimpson’s office confirmed Wednesday Airbus’ contribution brings total private sponsorships to about $80,000 with more expected within the next 10 days. Admission fees are expected to cover the city’s portion of the initiative with any net proceeds slated to benefit the parks and recreation department.The total estimated cost of Riverside Ice hovers around $150,000, including a $132,350 contract with Florida-based Magic Ice USA Inc. to install, operate and maintain the rink. An additional $18,000 will be needed to cover utility costs, the operation of a ticket booth and other incidentals. Al Hutchinson, president and chief executive officer of the Mobile Bay Convention & Visitors Bureau, said there’s no question Riverside Ice will become a “great downtown attraction for locals,” but it also “gives us the additional opportunity to package it with other holiday activities like Bellingrath Garden‘s Magic Christmas in Lights … to encourage out-of-town visitors to come for a weekend.” “The more seasonal activities Mobile has to offer, the better message we can deliver to potential tourists,” Hutchinson said. Stimpson said the support the project has garnered outside Government Plaza speaks volumes about the momentum Mobile continues to gain. “As we strive to become a destination city, we realize that through public-private partnerships many of our greatest desires can be accomplished,” he said. And while no official decision has been made regarding Santa’s travel accommodations to Mobile throughout December, Airbus spokeswoman Kristi Tucker said aircraft being produced by Airbus at Mobile Aeroplex and the CN235 are options. “We’ll work with Mr. Claus to determine his needs,” Tucker said. Alabama Newscenter: Andrew Yang: Venture for America aims to show world what’s possible in Birmingham Birmingham has all the ingredients necessary to become a hotbed for innovation and entrepreneurship, according to Andrew Yang. The founder and CEO of Venture for America made his first visit to the Magic City since the organization named Birmingham one of its designated cities for its distinguished fellowship programs in July. Birmingham joins Baltimore, Cleveland, Cincinnati, Detroit, Las Vegas, Miami, New Orleans, Philadelphia, San Antonio, St. Louis, Columbus, Ohio, and Providence, Rhode Island. Yang visited Alabama Power, where one of the first eight Birmingham fellows, Landon Acriche, works as a growth strategist for the company’s Innovation Team. The Yale University graduate has a degree in environmental engineering and a certificate for the completion of Yale’s Energy Studies Program. Venture for America hand-picks bright college graduates who are aspiring entrepreneurs for its fellowship program and pairs them with companies in designated cities. From there the fellows could go on to leadership positions within those companies or go on to start companies of their own in the area. More fellows will be introduced in an effort to help Birmingham achieve more of what Venture for America has already found here, Yang said. “In Birmingham’s case, there was a champion who is a native son of Birmingham, Jared Weinstein, who brought Birmingham to our attention and said, ‘Hey, there are great things going on. You should really look into it,’” Yang said in an interview with Alabama NewsCenter. “And thanks to Jared’s introductions, we realized the opportunities here and we came here to explore a number of months ago and things moved very quickly.” Yang said there is a checklist Venture for America follows in choosing a city for its fellowship program and there must also a feel for the culture and environment for young people. Birmingham had it all, including the clustering of young startup companies. “I’m glad to say, thanks to the work at Innovation Depot and a lot of other orgs here in Birmingham, those companies are numerous here in Birmingham,” Yang said. “The second thing is supportive leadership, and we’re grateful for the support of Alabama Power, Goodrich Foundation and others to help bring us here.” Yang said the plan is to add to the eight fellows already in Birmingham. There are already a number of success stories, Yang said. He pointed to a fellow in Detroit who opened a factory with 25 people making Banza pasta.“We’re going to bring in a set of people every year and build over the next
Presidential TV ad roundup: Oct. 9 edition
It was a light week for the 2016 presidential hopefuls, as just three new TV ads were released. But that doesn’t mean the airwaves were silent. Just this week the Center for Public Integrity released their data analysis of Kantar Media/CMAG numbers showing the massive efforts of Hillary Clinton campaign, which has bought and aired nearly 5,500 TV ads this year through Monday targeting voters in the early presidential caucus and primary states of Iowa and New Hampshire. In fact, Clinton ads account for nearly one in four TV ads aired thus far, by both Republicans and Democrats, in the 2016 presidential race. Check out Clinton’s latest ad, and the rest of the presidential TV ad roundup from the campaigns this past week: Jeb Bush Title: Why I’m running Published: October 6, 2015 Tone: Encouraging and energizing Chris Christie Title: Our presidency Published: October 6, 2015 Tone: Understated and hopeful Hillary Clinton Title: Admit Published: October 6, 2015 Tone: Disgruntled and resolute
Robert Bentley makes appointments to boards, councils, task forces
While it may only be the first full week of October, it’s already shaping up to be quite the busy month for the Governor’s office as Governor Robert Bentley has recently made 29 appointments to 14 different boards. ABC Board: The ABC Board controls alcoholic beverages through distribution, licensing, and enforcement. Dr. Michael Ingram Health Care Data Advisory Council: assists the Alabama Department of Public Health (ADPH) Healthcare Associated Infection (HAI) Program in developing regulations and standards necessary to implement the provisions of this act. Elliot Lipinsky Healthcare Improvement Task Force: This task force address options to improve the health of Alabamians, including strategies to have more-accessible and more-affordable health care in the state. Tom Miller Neeysa Biddle Ron Franks Alabama Workforce Council: This council advises and supports the state Board of Education, two-year colleges and four-year colleges and universities. Donald Jones State Board of Veterans’ Affairs: Oversees the Alabama Department of Veterans Affairs. Col. Patrick Downing Major Jeffery Brown Rehabilitation Council: the council advises the Alabama Department of Rehabilitation Services on a number of issues related to vocational rehabilitation services. Susan Crowe Zarius Walker Scott Besong Jon Brock Tom Schwarz Fayette Co. Water Authority Jimmy Trice Ray Selman Robotics Technology Park Executive Board: oversees the park’s mission is to provide a technically trained, highly skilled, and educated workforce for automation and robotics, to assist public and private entities in developing new robotics systems and technologies, and to promote the creation, growth, or expansion of companies through innovative technology solutions. David Lowell St. John Robert K. Glenn James T. Bolte Angie Garrett Alabama School of Math and Science: oversees the school, which is the state’s only fully public and residential high school for sophomores, juniors, and seniors seeking advanced studies in math, science, and the humanities. Mike Jenkins Physical Therapy Board: the board is a licensing and disciplinary agency whose mission is to protect the public from unauthorized, unqualified, and improper physical therapy practitioners. Graham Champion Board for Registered Interior Designers: the board licenses and regulates qualified individuals to practice as registered interior designers in the state of Alabama. Don Bowden Lisa Sheppard Board of Hearing Instrument Dealers: responsible for regulating the professions of hearing aid dispensers. Dr. Rick Love Stephen Michael David Morrow Janice Combs Cleburne County Coroner: responsible for determining causes of death and whether further investigation is needed in the case of accidents or people found dead within the county. Tracy Lambert Human Resources Task Force: analyze ways to improve the delivery of services by Department of Human Resources and shall examine and analyze the state laws, practices, policies, and procedures of DHR relating to the reporting and response to child abuse. Jonna Chizik You can find more information on open board positions on the appointments webpage.
Donald Trump is never ever getting out of the race
Republican candidate Donald Trump on Friday said he’s “never getting out” of the race for the presidency, denying reports that he’s plateaued in popularity. Trump joined MSNBC’s “Morning Joe” program, his 14th appearance on that show either in person or by phone since announcing his candidacy. Host Joe Scarborough, a former North Florida congressman, jokingly warned Trump that he was slipping in the polls. Of course, he’s not. Trump stands at 27.8 percent in the latest Huffington Post average of presidential preference polls, with pediatric neurosurgeon Ben Carson a distant second at 16.2 percent. “… When are you going to quit, Donald?” Scarborough said. Trump answered, “You know, the amazing thing, I was with (NBC News political director) Chuck Todd who was very good and, you know, I did “Meet the Press,” and he said, ‘Well, would you get out?’ “And I made the statement that, well, you know, if I could see I wasn’t going to win and if my numbers were really terrible and you wouldn’t call, if I saw it wasn’t going to happen, of course, I would. “The next headline is ‘Trump is considering getting out of there,’” Trump added. “It was ridiculous … So, you know, what I say right now, I give more of a political answer. I’m never getting out.” On the other hand, Trump predicted that U.S. Sen. Rand Paul of Kentucky would likely be next to drop out. Paul is polling at 3.4 percent, ahead of New Jersey Gov. Chris Christie, Ohio Gov. John Kasich and others. “I think (Paul) has to go back to the people of Kentucky,” Trump said. “I think the people of Kentucky are not being treated fairly by him and I think he’s going to have to either do one thing or the other. I don’t think it’s fair to the people of Kentucky. The full video can be found here.
Becky Gerritson speaks out on GOP House speaker debacle
The fallout from Majority Leader Kevin McCarthy‘s decision not to pursue the Speaker of the House post soon to be abdicated by John Boehner – just hours after Boehner and other key Republicans expressed their support for his bid – has gotten GOP pols and activists alike in a pensive mood, not least of whom is Wetumpka Tea Party founder Becky Gerritson. Gerritson – who is running for Congress in Alabama’s 2nd Congressional district in 2016 – issued the following late Thursday evening. “We are witnessing a collapse in confidence in the Establishment ruling class as the base of the Republican Party demands better, more conservative government from our leadership,” said Gerritson in a statement. “I am pleased that we will not have an unacceptable choice in Kevin McCarthy forced upon us.” “My hope is that, in the days ahead, a true conservative will win out in the Speaker’s race. However, that new Speaker will not have the support he or she needs to lead our Party forward- strong and unified- unless we bolster the ranks of true conservatives in Congress. The debacle of failed leadership in our Party that we have seen played out over the last six years must be laid at the feet of moderate, Establishment politicians. It is time to clean house, restore America’s greatness, and show contrast with Obama’s fundamental transformation. “This underscores why I am running for Congress in AL-2, and I look forward to taking the lead in working with new, conservative leadership to restore the promise of this great nation.” Gerritson is seeking to oust U.S. Rep. Martha Roby, whom Gerritson says has strayed from the conservative principles which got her elected in 2010. The aftermath of the House leadership collapse may favor challengers to congressional incumbents in a 2016 year expected to yield moderate gains from minority-party lawmakers.
