Category: Uncategorized

South Dakota Joins Further Challenge to EPA Authority Removing State Decision Making

PIERRE – Attorney General Marty Jackley announces today that South Dakota has joined 21 other bipartisan State Attorneys General in an Amicus Curiae or “friend of the Court” challenge to the EPA’s continued “interpretation” to expand its authority under the Clean Water Act (CWA). The case is American Farm Bureau Federation v. United States Environmental Protection Agency and led by the Attorneys General of Kansas, Indiana and Missouri.

“The EPA is overstepping its Congressional authority and removing the states’ decision making authority,” said Jackley. “The EPA expansive interpretation and complex regulatory requirements harm and create continued uncertainty for the agriculture community and small businesses.”

The Third Federal Circuit has deferred to the EPA’s interpretation of the words “the total maximum daily load, (TMDL)” permitting the EPA to impose complex regulatory requirements that do much more than cap daily levels of total pollutant limits and displace powers reserved to the States. The brief argues that this decision is contrary to the CWA plain language and destroys the Act’s cooperative federalism framework. The decision allows the EPA to micromanage state and local governments’ decisions regarding land use and development. The brief contends the EPA used the Chesapeake Bay TMDL to extend its authority beyond that permitted by the CWA when it purported to regulate “upstream” States even though no part of the Chesapeake Bay is located within those States.

There is no cost to join as amicus curiae other than the inclusion of some attorney consultation time in support of the multi-state briefing. The following states have joined: Kansas, Indiana, Missouri, Alabama, Arizona, Arkansas, Colorado, Georgia, Kentucky, Michigan, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin, and Wyoming.

-30-

Next Stop for Thune’s Bipartisan STB Reforms: President’s Desk

“By finding common ground among many different rail customers, shippers, and railroads themselves, we are reforming the STB for the first time since the board’s establishment in 1996.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.), chairman of Senate Committee on Commerce, Science, and Transportation and lead Senate sponsor of S. 808, the Surface Transportation Board (STB) Reauthorization Act of 2015, issued the following statement after the U.S. House of Representatives approved the bill by voice vote:

“When the ability to transport products to and from South Dakota is jeopardized, it’s the farmers, ranchers, businesses, and ultimately the consumers who pay the price,” said Thune. “This bill, which I hope is signed into law without delay, will help address the uncertainty encountered by businesses and agriculture producers who are forced to deal with the STB, and it will increase the board’s accountability. By finding common ground among many different rail customers, shippers, and railroads themselves, we are reforming the STB for the first time since the board’s establishment in 1996. This is good news for states like South Dakota that depend on freight rail as a critical tool for shipments – coming or going.”

The Senate Commerce Committee approved S. 808 by voice vote on March 25, 2015, and it cleared the Senate by unanimous consent on June 18, 2015. The bill now heads to the president for his signature.

Highlights of S. 808:

• Improves the STB’s current dispute resolution process by setting timelines for rate reviews and expanding voluntary arbitration procedures to address both rate and service disputes;
• Ensures the STB has the authority to proactively resolve problems before they escalate into larger disputes by providing the STB with the ability to initiate investigations on matters other than rate cases; and
• Improves the STB’s structure and decision making processes by expanding the board membership from three to five, and with proper disclosure, allows board members to talk with one another.

The STB is the federal regulatory body responsible for economic oversight of the nation’s freight rail system. Run by a three-member bipartisan board, the agency has regulatory jurisdiction over railroad rates, mergers, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission. Since that time, the STB has not been reauthorized or substantively reformed.

The Senate Commerce Committee, of which Thune serves as chair, has jurisdiction over our nation’s freight and passenger railroads, and is a member of the Senate Agriculture Committee. In addition, Thune previously served as South Dakota State Railroad Director under former Governor George S. Mickelson from 1991-1993. At Thune’s request, the U.S. Department of Agriculture issued a report earlier this year that concluded the rail backlog in 2013 and 2014 lowered corn, wheat, and soybean prices in the Upper Midwest and caused shippers to pay record-high railcar premiums, 28 to 150 percent above the average previous levels for roughly 65 consecutive weeks.

Click here for a copy of S. 808 and here to see what stakeholders are saying about Thune’s bill.

###

State Representative Fred Deutsch is talking more about his legislative measure to keep boys in the Boys locker room, in the face of ridiculous federal legislation:

The bill is needed for a number of reasons that developed since April 2014, when the Obama administration issued what it identified as a “significant guidance document” and established a new interpretation of federal non-discrimination laws (Title IX) to include “gender identity.”

and…

This past month they found an Illinois school district violated Title IX anti-discrimination laws when it did not allow a transgender student who was born a boy and still maintains boy private parts, to change and shower in the girls’ locker room. The school accommodated to every student request, including use of the girls’ shower room. However, because the school required use of a privacy curtain in the shower room, the federal government entered the picture.

The administration’s Office of Civil Rights ruled that the school cannot require the use of a privacy curtain, and must give the transgender student “unrestricted access to the girls’ facilities,” or lose millions in federal funding.

This assault is going on across the country.

and…

Last, the bill treats transgender students with sensitivity. It requires schools to accommodate requests by transgender students in the most reasonable manner available, short of allowing use of the other biologic sex’s showers, locker rooms or restrooms. The goal of accommodation is to allow students to equally participate in all educational and extra-curricular opportunities.

Read it here.

What do you think? While allowing them to participate in the sports opportunities for the gender they identify with, is it a reasonable compromise to disallow those with boy parts to shower with those with girl parts, and vice-versa?

I’m not sure why my newsfeed seems to have gone haywire, but I’m working on it. It might have been the latest WordPress upgrade. Hang on!

—

Update: Yeah, I’m not sure what’s happened, as it all seems to have gone goofy after the latest wordpress update. If it remedies itself after a database update, I’ll go back to it. But in the meantime, the old newsfeed seems to be running fine for the moment, so I reactivated it.   Enjoy.

Under current South Dakota State Law, petitions for office can start to be circulated on January 1st, officially kicking off the 2016 election season (we’re all just pre-gaming at the moment).

Has anyone come to a decision as to running (or not running) for office that hasn’t been mentioned yet?

Give us a shout out under the comment section!  Tell us what you’re running for and why.

The word tonight is that Democrat State Senator Angie Buhl O’Donnell is officially entering her lame duck legislative session this next month, and will NOT be returning to the State Senate.

In her place, Democrat State Rep Patrick Kirschman is apparently telling people that he’s going to be running for the vacated seat.

For District Democrats, this would be a marked change in representation in that chamber, as during her entire tenure, Angie Buhl has been rabidly pro-choice, and Kirschman has received high marks from the pro-life community, rankied at 100% by South Dakota Right to Life for the 2013-2014 sessions at a time Buhl was ranked at 0%.

That’s all assuming a challenger doesn’t emerge.

in 2014, Kirschman was nearly taken out of contention by independent candidate Eric Leggett, who only came up short by about 150 votes in his first run for public office.

Who knows. That could be a seat way up in the air come November 2016.

South Dakota Attorney General Marty Jackley has two fundraisers coming up this month – one in Pierre, and one in Sioux Falls.

What’s interesting are the names of the people who are putting their names on the line to serve as hosts for the fundraisers, which go towards his Political Action Committee, and supporting his political activities.

For the Pierre fundraiser, State Senator Jeff Monroe has put his name on the line, as well as Hughes County Sheriff Mike Leidholt, Stanley County State’s Attorney Thomas Maher, and Pierre City Commissioner Jamie Huizenga

And the Sioux Falls list for tomorrow’s fundraiser is equally intriguing – Former State Senator Gene Abdallah, State Rep Arch Beal, former State Rep & Congressional Candidate Joel Dykstra, State Senator Jenna Haggar, City Councilman Greg Jamison, State Senator Dave Omdahl, Former State Rep (and rumored candidate for this next year) Hal WIck, and Lincoln County State’s Attorney Tom Wollman.

(Update – and PUC Commissioner Gary Hanson, which I missed when I quickly hammered this out over lunch).

Looks like someone is starting to gear up for 2018…

South Dakota Delegation Urges Air Force to Base New Air Force Fighter in Sioux Falls

“South Dakota an ideal location as the next beddown site of the F-35 Joint Strike Fighter”

WASHINGTON — South Dakota Governor Dennis Daugaard, U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.), U.S. Rep. Kristi Noem (R-S.D.) and South Dakota Adjutant General Maj. Gen. Timothy Reisch today wrote to Secretary of the Air Force Deborah James urging the Air Force to base the F-35 Joint Strike Fighter at Joe Foss Field in Sioux Falls, South Dakota. Next year, the Air Force is expected to announce its basing decisions for the F-35 Joint Strike Fighter, to include two Air National Guard bases.

“The South Dakota Air National Guard has been one of our nation’s premier fighter units since General Joe Foss founded the squadron nearly 70 years ago,” the delegation wrote. “The 114th Fighter Wing has demonstrated outstanding mission readiness and a superior record of excellence, making South Dakota an ideal location as the next beddown site of the F-35 Joint Strike Fighter.”

There are currently more than 25 National Guard fighter bases in the U.S. After the first two basing decisions in 2016, Air National Guard units in additional states will also receive the F-35.

Full text of the letter is below:

The Honorable Deborah Lee James
Secretary of the Air Force
HQ USAF/CC
1670 Air Force Pentagon
Washington, D.C. 20330-1670

Dear Madam Secretary,

We write today regarding the potential basing of the F-35 Joint Strike Fighter at Joe Foss Field in Sioux Falls, South Dakota.

The South Dakota Air National Guard has been one of our nation’s premier fighter units since General Joe Foss founded the squadron nearly 70 years ago.  The 114th Fighter Wing has demonstrated outstanding mission readiness and a superior record of excellence, making South Dakota an ideal location as the next beddown site of the F-35 Joint Strike Fighter.

The 114th Fighter Wing has been nationally recognized for its accomplishments in flying and combat readiness.  Last year it was recognized with the Spaatz Trophy – denoting the 114th Fighter Wing as the highest rated Air National Guard flying unit – and this year the Wing was awarded the NGAUS Distinguished Flying Unit plaque and the Air Force Outstanding Unit Award.  Its exceptional safety record, critical for conversion to a new weapons system, was validated this year as well, with the Major General John J. Pesch Safety Trophy in addition to a fifth consecutive Governor’s Safety Award of Honor.

The 114th Fighter Wing has exceptional, uncongested airspace providing supersonic and low altitude operations able to meet the unique requirements of the F-35 aircraft.  Additionally, Joe Foss Field has two runways greater than 8,000 feet with cables, maintenance facilities and ramps to support any size squadron, and a state-of-the-art operations complex.  Airmen of the 114th Fighter Wing are highly experienced and trained:  88% of the pilots are “experienced” averaging over 2,100 flying hours and 62% of maintenance personnel hold a 7-level AFSC.

The South Dakota Air National Guard enjoys the unwavering support of the Sioux Falls community and South Dakota citizens.  The 114th Fighter Wing has established a standard of excellence among Air National Guard units clearly making Joe Foss Field an ideal location for beddown of F-35 Joint Strike Fighters.  Please feel free to contact us at any time if we can be of further assistance.

 

Sincerely,

# # #

 

A comment from “Tony” under a previous post:

I have heard credible rumors that the Dems will dedicate themselves to challenging signatures in an attempt to prevent ballot access to Republicans. That’s not good. Dems have a proven record that when the can’t win at the ballot box they take it to the court room.

Read that here.

A good reminder to collect far more signatures than you need. Democrats may be trying to knock you off the ballot (because they can’t win otherwise.)

I’ve been updating a few things in my list of who’s running, but one of the more interesting things I’ve come across is in District 34. State Senator Craig Tieszen is termed out…. but I’ve been told a change-up is in the mix.

Tieszen might be termed, but he isn’t done. The State Senator is going to pull a chamber switch, and run for the House. This puts current State House Republican Jeff Partridge into running for the now vacated Senate seat.

And, from what I’m being told, we can expect that State Rep Dan Dryden will stay put, and run for another term in the House.