Jackley: Federal District Court Issues Preliminary Injunction in WOTUS Case

jackleyheader2    Marty JackleyFederal District Court Issues Preliminary Injunction in WOTUS Case

PIERRE, S.D – Attorney General Marty Jackley announced today that the District Court of North Dakota has issued a preliminary injunction in the Waters of the United States (WOTUS) case.

South Dakota joined 12 other states on August 11, 2015, challenging the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (CORPS).

“I remain concerned that the EPA and the CORPS are exceeding their authority granted by Congress. I am pleased the Federal District Court has agreed with the Attorneys General and has enjoined the EPA and the CORPS from enforcing a Rule that infringes upon our State authority. In short, the EPA and CORPS’ Rule will no longer take effect in South Dakota on August 28, 2015,” stated Jackley.

The States actively sought postponement of the impending implementation of the WOTUS Rule while the courts could fully address the states’ concerns. On June 29, 2015, thirteen states filed in federal district court in North Dakota asking the court to vacate the new rule and bar the EPA and the USACE from enforcing the new definition. Several other states have filed in their respective regions. The states contended the new definition of WOTUS violated provisions of the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the United States Constitution. Then on July 30, 2015, 31 states requested that the EPA and USACE delay the effective date of the new Rule defining “Waters of the United States” under the CWA. The Rule is currently set to go into effect on August 28, 2015. The States requested the Rule not be implemented for a period of at least nine months in order to give the courts time to review the legal challenges to the Rule.

The effect of today’s preliminary injunction is to delay the Rules implementation until the Court has an opportunity to fully review the administrative record. The Court found that it was likely that the EPA violated its grant of authority when it promulgated the Rule and likely failed to comply with the requirements in the Administrative Procedures Act. Finally, the Court found the risk of harm to the States is great.

Courts in both West Virginia and Georgia found that jurisdiction lies with the Circuit Court of Appeals and has denied the preliminary injunctions. Other courts have stayed their proceedings pending a request by EPA to consolidate all of the cases before one court.

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nddistinjwotus15

For those who are asking, yes, I’m doing some new stuff.

A number of you have asked me in person and privately what “the mysterious new jobs” are that I’ve added to my plate. It’s not a state secret, but I’ve been ridiculously busy with training, office meetings, getting up and running, etcetera, that I haven’t really had time to go into it. I’m still trying to get a VOIP phone up and running.

For those who are wondering, I recently became licensed to be one of South Dakota’s newest bail bondsmen, working for Speedy Release Bail Bonds. So, if you find yourself …ahem… momentarily on the wrong side of the law in the Brookings area, and you call 800-564-8898 seeking temporary release from the unfortunate situation you’ve found yourself in, I’m likely the person who will arrive to render assistance.

The other position I’ve taken on is for Leavitt Recreation and Hospitality Insurance, working on claims and social media.  That job was unexpected, but not unwelcome, as the opportunity came up and I couldn’t say no. They’re a great company, and gives me a chance to go back to my insurance roots. And being a digital media manager isn’t awful for my resume. They do specialty insurance coverage for RV Parks, Dude Ranches, Trampoline Parks, and many, many other specialty recreation venues nationwide.

Although I’m the guy in the back room (more specifically, my basement), It’s a great opportunity. When it allows me to continue to do my website, my print work, political stuff, Real Estate, etcetera and so on, it’s an offer I couldn’t refuse. I’m always excited to engage my creative outlet and brush up on my skills in design and production.  And, it gives me a good reason to eventually get my insurance license.

So for those who are asking, yes, I’m doing some new stuff. And loving every minute of it.

Jackley: Two Arrested in Gregory County Pursuit

jackleyheader2 Marty Jackley
Two Arrested in Gregory County Pursuit

PIERRE, S.D – Attorney General Marty Jackley and Gregory County States Attorney Amy Bartling announced today that Samantha J. Lane, 29, Sioux Falls and Nicholas C. Speckmeier, 29, Worthington, MN were arrested on several charges on Saturday, August 22nd. Charges stem from an attempted traffic stop by the Gregory County Sheriff’s Office around 12:30 a.m. early Saturday morning near Bonesteel. A pursuit ensued into Nebraska and back into South Dakota before ending in Fairfax.

The charges include the following:
Samantha Lane

  • 3 counts of aggravated assault on a law enforcement officer, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
  • 1 count commission of a felony while armed with a firearm, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
  • 1 count unauthorized manufacture of controlled substance methamphetamine, class 4 felony, up to 10 years in the state penitentiary and/or $20,000 fine
  • 1 count of unauthorized possession of a controlled substance methamphetamine, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
  • 1 count of unauthorized ingestion of a controlled substance, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
  • 1 count of possession of a weapon or tools with intent to commit burglary, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 1 count of grand theft, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 1 count of possession of a firearm by felon, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 1 count of obstructing law enforcement, class one misdemeanor
  • 1 count of possession of a loaded firearm, class one misdemeanor
  • 1 count of resisting arrest, class one misdemeanor
  • 1 count of drug paraphernalia, class one misdemeanor

Nicholas Speckmeier
 

  • 3 counts of aggravated assault on a law enforcement officer, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
  • 1 count commission of a felony while armed with a firearm, class 2 felony, up to 25 years in the state penitentiary and/or $50,000 fine
  • 1 count unauthorized manufacture of controlled substance methamphetamine, class 4 felony, up to 10 years in the state penitentiary and/or $20,000 fine
  • 1 count of unauthorized possession of a controlled substance methamphetamine, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
  • 1 count of unauthorized ingestion of a controlled substance, class 5 felony, up to 5 years in the state penitentiary and/or $10,000 fine
  • 1 count of possession of a weapon or tools with intent to commit burglary, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 1 count of aggravated criminal entry of a motor vehicle, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 3 counts of grand theft, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 1 count of aggravated eluding law enforcement as felony, class 6 felony, up to 2 years in the state penitentiary and/or $4,000
  • 1 count of intentional damage to property, class 6 felony, up to 2 years in the state penitentiary and/or $4,000 fine
  • 1 count of possession of a loaded firearm, class one misdemeanor

Both Lane and Speckmeier are presumed innocent until such time as proven guilty.

This case is being investigated by the Gregory County Sheriff’s Office and the Division of Criminal Investigation and being prosecuted by the Gregory County States Attorney’s Office.

How desperate are Dems getting for a Thune Challenger? Well…..

One of my twitter followers pointed this out to me.

How desperate are Dems getting for a Thune challenger? Apparently, they’re recruiting on reddit. Really:

howdesperate

“Are you at least 30 years of age? Have you lived in the US for at least 9 years? Are you politically moderate or liberal? Bonus points if you know what I’m suggesting.”

“Not 30, but are you looking for a candidate to challenge Thune?”

“Yes…The other person who responded didn’t want to.  Know anyone who might?”

Reddit user “availableoregon,” who is apparently a moderator of the Reddit group “Students for Sanders” is out recruiting on the popular website for a challenger to US Senator John Thune, whom it’s looking more and more as if Democrats are going to let the popular Senate go unchallenged for a second term in a row.

If this is how they’re going about it, I don’t think they’re going to find anyone to take him on anytime soon.

Apparently, liberals think it’s all a big Catholic plot.

Wow. I’m a bit surprised to say the least. I didn’t realize that anti-Catholic paranoia and bigotry was that widespread in South Dakota.

If you recall the comments from Thune challenger Kurt Evans last year, which I noted again recently….

It was pretty darned offensive. But, unfortunately, that kind of ill will & bigotry seems contagious. As noted today on the local bastion of liberalism, Dakota Free Press by it’s author Cory Heidelberger:

….and since he’s a fellow conservative Catholic, Powers gives him softball press.

Read that trash here.

“…since he’s a fellow conservative Catholic..”   I’m not sure what a shared religion has anything to do with anything, but it’s pretty telling how liberals in South Dakota have a tendency to divide people up.  I doubt anyone would give him a pass if he said something of that nature based on the color of a person’s skin. But introducing one’s creed into it… the liberal left in our state apparently just smiles and nods as if they were all wearing white peaked hats.

But that’s apparently how they roll. And they have no problem or moral qualms about putting it to paper.

Dakota State University to Host U.S. Senate Cybersecurity Field Hearing

thuneheadernew John_Thune,_official_portrait,_111th_CongressDakota State University to Host U.S. Senate Cybersecurity Field Hearing

WASHINGTON, D.C. – U.S. Sen. John Thune (R-S.D.), chairman of the Senate Commerce, Science, and Transportation Committee, will convene and chair a full committee field hearing entitled “Confronting the Challenge of Cybersecurity” on Thursday, September 3, 2015, at 2:30 p.m. CT (3:30 p.m. ET) at Dakota State University.

“As our nation continues to confront and guard against dangers in cyberspace, experts in South Dakota have experience and insight to inform federal policymaking,” said Thune. “Bringing a Senate hearing to Dakota State offers federal government cybersecurity policymakers an opportunity to listen to these cyber experts and better understand the challenge of protecting individuals, businesses, and critical infrastructure throughout our nation.”

Dakota State University’s Cyber Operations Program is nationally recognized by the National Security Agency and the Department of Homeland Security as a National Center of Academic Excellence, holding education, research and cyber operations designations. It is one of the first universities in the country to hold all three prestigious designations. Approximately 20 percent of students at DSU are involved in its cybersecurity programs.

Witnesses:

  • Dr. Josh Pauli, Professor of Cyber Security and NSF SFS CyberCorps Program Director, Dakota State University (DSU)
  • Dr. Kevin Streff, Department Chair, Cyber Operations and Security, Dakota State University; Founder and Managing Partner, Secure Banking Solutions, LLC
  • Mr. Mark Shlanta, CEO, SDN Communications
  • Mr. Eric Pulse, Director of Risk Advisory Services, Eide Bailly
  • Mr. Jeremy Epstein, Lead Program Director, Secure and Trustworthy Cyberspace (SaTC) program, National Science Foundation (NSF)
  • Mr. Kevin Stine, Manager, Security Outreach and Integration Group, Information Technology Laboratory, National Institute of Standards and Technology (NIST)

Hearing Details:

Thursday, September 3, 2015

2:30 p.m. CDT/3:30 p.m. EDT

Full Committee field hearing at Dakota State University
Madison, South Dakota
Tunheim Classroom Building, Room 203

The hearing will be webcast through www.commerce.senate.gov. Witness testimony, opening statements, and a live video of the hearing will be available here.

Congressional delegation continuing to travel across state

There’s no rest for the Washington Delegation!  They’re continuing to travel across the state during their August recess, with Congresswoman Noem still in the hills today, as Rep. Kristi Noem meets with the Black Hills Association of Realtors at 8:00AM to discuss the impact of EPA regulations and tax reform on homeowners.

At the same time, Senator Rounds is hosting a roundtable discussion with the South Dakota Retailers Association at 1481 Grille in Arlington to discuss his RESTORE resolution.

Senator Thune is also quite active, and has been hitting events across the state. I suspect we’ll see him at the State Fair, as well as the other elected officials.

On the other side of the aisle, Noem challenger Paula Hawks tweeted something on the 24th, after attending the Brown County fair on the 15th. Apparently, she’s starting out slowly. Very slowly…. Maybe the campaign will manage to find something to tweet about sometime soon.

And of course, the Democrat’s challenger to Thune is…. still non-existent. Although a LA filmmaker is starting to think about it.

Keep up the good work Republicans!  And Dems, nice try. And remember, there’s always 2018..

Attorney General Appoints Allender to Law Enforcement Officers Standards and Training Commission

jackleyheader2Attorney General Appoints Allender to Law Enforcement
Officers Standards and Training Commission

Marty JackleyPIERRE, S.D.- Attorney General Marty Jackley announced today the appointment of Steve Allender Mayor of Rapid City to the Law Enforcement Officers Standards and Training Commission. He has been appointed to a two-year term effective August 2015. Allender replaces Ken Tracy of Mitchell on the commission.

“Steve Allender has 30 years of law enforcement service to the State of South Dakota. Steve is continuing his public service as Mayor of Rapid City, and his diverse background will assist him with the important  task of developing standards and training for law enforcement officers,” said Jackley. “I would also like to extend my appreciation to Ken Tracy for his years of service to law enforcement and the people of South Dakota.”

The South Dakota Law Enforcement Standards and Training Commission is an 11 person commission.  Eight of the commissioners are appointed by the Attorney General. They represent the South Dakota Highway Patrol, South Dakota Sheriff’s Offices, Police Departments, the State Bar Association, institutes of higher education, the Municipal League, County Commissioners and an enrolled tribal member who is a certified law enforcement officer. The other three commissioners are the Chief Agent from the South Dakota Division of Criminal Investigation, a regional Federal Bureau of Investigation Agent, and the Attorney General. The Commission sets the training standards and certification process for the South Dakota law enforcement community.

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