Final WOTUS Rule Represents One of the Largest Federal Land Grabs in History, Says Noem

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Final WOTUS Rule Represents One of the Largest Federal Land Grabs in History, Says Noem

kristi noem headshot May 21 2014Washington, D.C. – Representative Kristi Noem today expressed deep disappointment with the Environmental Protection Agency’s (EPA) final “Waters of the United States” (WOTUS) ruling.  The ruling could greatly expand the federal government’s control over small and seasonal bodies of water throughout South Dakota and the country.  Click here to view a map of how extensive the control could be in South Dakota.

“Today’s announcement represents one of the largest federal land grabs in United States history,” said Noem.  “Small ditches that flow through our backyards, prairie potholes, and streams that only run during heavy rains could now be subject to Clean Water Act regulations, meaning everyday tasks like spraying your lawn for mosquitos or your crops for disease could potentially require new federal permits.  And if the landowner falls out of compliance, penalties could cost more than $30,000 per day.  Despite significant public outcry, the administration is trying to jam this massive expansion of federal power through, further eroding private property rights.  They must reverse course.”

Earlier this month, Rep. Noem helped the U.S. House of Representatives pass the bipartisan H.R. 1732, the Regulatory Integrity Protection Act of 2015, which would send the Environmental Protection Agency (EPA) and the Army Corps of Engineers back to the drawing board on the WOTUS rule.

“This isn’t the end of the road,” continued Noem.  “The House has already passed bipartisan legislation that would ditch this rule and send the EPA back to the drawing board.  I strongly urge the Senate to move quickly and pass similar legislation as well.”

Noem has also called on the EPA to define regulated navigable waters on a map after an alarming graphic was released that has raised questions about how extensive the EPA’s regulatory authority could become.  Read more and view the graphic here.

Additionally, in May 2014, Rep. Noem joined 231 Members of Congress from both sides of the aisle on a letter urging the EPA and the Secretary of the Army to withdraw the proposed rule.

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Thune Denounces EPA Power Grab Over Private Land

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Thune Denounces EPA Power Grab Over Private Land   

“The Obama administration is forgoing the consent of Congress and the courts in a never-ending effort to extend its power and stifle economic growth in the process …”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) today criticized a sweeping regulation from the Obama administration, saying the Environmental Protection Agency’s final “waters of the United States” rule is yet another power grab by an administration that has established a pattern of acting unilaterally:

“Yet again, the Obama administration is forgoing the consent of Congress and the courts in a never-ending effort to extend its power and stifle economic growth in the process. The administration appears to have no regard for the fact that this expansion will hurt hard-working Americans and South Dakotans – men and women who cannot afford the additional permit application expenses, compliance costs, and threats of significant fines.

“States like South Dakota have a strong interest in protecting and preserving their water resources, which are the lifeblood of our agricultural, hunting, and tourism sectors, yet I am especially concerned that the restrictions regarding prairie potholes will mean greater regulatory restrictions in eastern South Dakota, the heart of the Prairie Pothole Region.  Not only is this rule another example of the Obama administration’s federal overreach, but we’ve also seen alarming evidence that suggests the EPA influenced the public comment period using questionable practices. The Obama administration has hit our nation and South Dakota with yet another devastating blow, but I will continue to work with my colleagues to do whatever is possible to block these heavy-handed EPA regulations,” said Thune.

The final rule includes broad new definitions of the scope of “waters of the United States” that fall under the jurisdiction of the Clean Water Act of 1972. The final rule could apply to countless small wetlands, creeks, stock ponds, and ditches that are typically regulated at the state level, which would have significant economic impacts for property owners hit with new federal permits, compliance costs, and threats of significant fines.

Thune is a co-sponsor of legislation to block the EPA’s power grab. Previously, Thune joined several of his Republican House and Senate colleagues in sending a letter to Environmental Protection Agency (EPA) Administrator Gina McCarthy regarding his opposition to the EPA’s efforts to expand its regulatory authority under the Clean Water Act. That letter can be read here.

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Jackley: U.S. Court of Appeals Denies Stay of Preliminary Injunction in State Challenge to Presidential Executive Order Powers on Immigration

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U.S. Court of Appeals Denies Stay of Preliminary Injunction in State Challenge to Presidential Executive Order Powers on Immigration

PIERRE, S.D. – Attorney General Marty Jackley announced on Tuesday that U.S. 5th Circuit Court of Appeals has denied the Obama administration’s request to begin implementation of his suspension of immigration laws. South Dakota joined 26 State Attorneys General and Governors in December 2014 in a lawsuit challenging the executive action set forth by President Obama, which exceeds his authority on immigration reform.

“This case is about following the rule of law. The President’s unilateral action would have forced the States to expend substantial resources on law enforcement, healthcare, and education without any voice. It is time for Washington to have a meaningful discussion on immigration reform that addresses the workforce needs of the States and immigrants as well as our national security,” said Jackley.

On November 20, 2014, the President of the United States announced that he would unilaterally suspend immigration laws as applied to 4 million of the 11 million undocumented immigrants in the United States. In addition, the Secretary for the Department of Homeland Security (DHS) issued a directive that legalizes the presence of approximately 40% of the known undocumented immigrant population, and afford them legal rights and benefits. The Federal Court has enjoined the President from “implementing any and all aspects or phases of the expansions.”

The States argued the President was abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite laws, which he had no authority to do – something the President himself had previously admitted. This executive action conflicts with the President’s constitutional duty to “take care that the laws be faithfully executed.” There was no cost to South Dakota in joining the State challenge which was led by Texas Attorney General.

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Rounds Statement on WOTUS Final Rule

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Rounds Statement on WOTUS Final Rule

MikeRounds official SenateWASHINGTON—U.S. Senator Mike Rounds (R-S.D.), a member of the Senate Environment and Public Works Committee, made the following statement on the administration’s Waters of the U.S. (WOTUS) final rule, which was announced today. Last month, Rounds joined his colleagues in introducing bipartisan legislation to curb the effects of WOTUS.

“The WOTUS rule is a broad expansion of federal jurisdiction that infringes on private landowners’ rights throughout South Dakota,” said Rounds. “It goes far beyond what congress intended to be a traditional waterway under which EPA has regulatory oversight. Farmers and ranchers are rightly concerned about the compliance costs this misguided rule could have on their operations.”

“This underscores the need for a formal process to rein in overzealous regulators to make sure the rules are following congressional intent.  It is yet another example of unelected, unaccountable bureaucrats overstepping their boundaries and stretching the law – leaving the American people to suffer with the consequences. My RESTORE resolution, which I introduced last week, would lead to a permanent solution to this regulation without representation.”

More information about RESTORE is available here.

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Thune sends blistering letter to TSA on missing badges. I’m not sure I want to fly anytime soon.

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US Senator John Thune notes that while the Transportation Security Administration is busy seeing us all naked, they’re losing security badges left and right:

John_Thune,_official_portrait,_111th_CongressSenator John Thune fired off a blistering letter to TSA officials demanding answers regarding missing, lost or stolen SIDA (Secured Identification Display Area) badges that can be used by employees to gain access to secure areas at airports.

“Clearly there are an awful lot of things falling through the cracks and there’s just no room for an error when it comes to this issue. We need answers. They’re not providing them.”

Thune, who chairs the Transportation Committee, said previous answers from the agency had actually raised more questions than answers.

The concern follows reports that more than 270 badges went missing at the San Diego International Airport in the last two years and more than 1,400 badges missing from Atlanta’s Hartsfield-Jackson International Airport.

Read it all here.

Ugh. Yeah, I’m not so sure I want to fly anytime soon.  (But I do appreciate that Senator Thune is demanding answers from the people who pat us down.)

Quick Notes for 5/27/15

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I’ve got an office meeting here in a few minutes, but I wanted to note a few items briefly:

* The Dakota Access Pipeline has it’s first hearing in the colder Dakota this week, as the North Dakota PUC will start it’s meetings on the project, which is slated to run under 275 miles of South Dakota prairie. This pipeline is designed to move Bakken Crude to Illinois, destined for refineries in the eastern part of the country.

Both the Dakota Access pipeline, AND the Keystone XL pipeline, are good for energy prices, and energy security. (On Keystone, Canada is a much friendlier energy partner to the US than middle eastern countries.)

* There might be one less election this morning in Aberdeen. Maybe. Yesterday had Cory Heidelberger throwing the towel in for his City Commission contest, and pulling out 1 week before the election. (Likely in the face of groans over his carpetbagging into the community.)

But, not so fast. It gets better. Here’s the chain of events: Cory moved to Aberdeen Feb 2. Registered to vote Feb 3. Turned in petitions before April 1. Backing out of race May 26 for race that’s supposed to happen 1 week later.  But don’t forget April 18th…. which should have been the 46th day before the election, when I believe ballots were printed, and voting began for absentees.

How exactly does one withdraw from an election where people have been voting for around 6 weeks?

* Closing arguments in the Annette Bosworth trial begin this afternoon, and the fate of Bosworth will rest in the hands of Hughes County jurors, as they weigh whether or not she is guilty of her admittedly claiming circulation of petitions whose signatures she didn’t witness.  Watch KELOland as it happens live. 

A tale of two parties, and the case for vigilance and activism for the GOP faithful.

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I came across this as I was looking for something to write about today. And to me, it makes a good case for getting out there and getting involved. Because it all can be taken away at a moment’s notice.

I was looking at the SDGOP’s May 2015 FEC Report for their federal account, which indicated $11,997 Raised. $17,609 spent. And $21,134 cash on hand.

SDGOP May 2015 FEC Report

In comparison, South Dakota Democrats filed a report with different figures:

SDDP 2015 May FEC Report

$47,149 raised. $18,737 spent, and $59,113 cash on hand.

Wait, what?

Before you start getting excited, that doesn’t tell the whole story. $15,000 of what Dems reported was transferred in from party and committee sources. And these are just the reports from the federal accounts. State Year end reports from the SDGOP had them at $32,923 cash on hand as compared to the Democrat’s $14,047. And state accounts tend to be where a lot of the day to day stuff happens, especially for the SDGOP who holds all state offices, as well as a strong majority in each house of the state legislature.

However, it’s worth noting that it should serve as an item for Republicans to keep in the back of their heads as we move through the doldrums of the off year.

All we’ve done together – all we’ve accomplished – can be taken away in the blink of an eye if we become too complacent. We hold all state offices, and all but 20 state legislative seats. And I don’t suspect Democrats like that fact.

If we think back, it wasn’t that long ago when Democrats held all federal offices. In the last 20 years or so, Democrats held a majority in the State Senate for one term.  Unless there are those who want that to happen, the figures posted by Democrats in their last FEC report should be a call to the rest of us to shake off the dust that’s gathered since November of 2014, and to get to work.  Go to the SDGOP web site or contact your local Republican Party County Chairman or legislator and volunteer, make a donation, or otherwise get involved to make it happen.

It’s our party. And win or lose, it’s what we make of it. So, get involved.

Former Mike Myers Campaign ‘Manager’ and Annette Bosworth defender Tara Volesky running for Mitchell School Board.

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The headline at the MItchell Daily Republic screams “Volesky running ‘to get politics out of education.”  That’s kind of funny, I thought it should have said ‘running to get education out of politics,’ as anyone who would involve themselves with Annette Bosworth after her arrest might be lacking some basic information:

No stranger to campaigning, Volesky also ran for mayor three years ago and school board two years ago.

Volesky, who moved to Mitchell in 2006, graduated from Mobridge High School. She then obtained a bachelor’s degree in education from Brigham Young University, with a minor in gerontology and a teaching certification, though she noted she is no longer certified.

She worked at the now-closed Huron University for several years, and has been a substitute teacher at Huron and Mitchell’s schools. She and her husband, Ron, have four children, all of whom have graduated from Mitchell High School. Their youngest, Taylor, graduated this year.

An outspoken critic of the school board’s decision to build a new fine arts center, Volesky said, if elected, her primary goal would be to stop that process from going forward.

 

Read it all here.

Dakotazfreepress open for business. At least since March.

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I had this pointed out to me tonight.  Which came first? dakotafreepress.com, or dakotazfreepress.com.

One represents nonsensical ramblings about politics and Annette Bosworth, and attacks Marty Jackley. The other one looks like it’s written by Bosworth allies themselves. And also attacks Attorney General Jackley.

Dakotazfreepress.com, subtitled “Free the Dakotaz with News That’s NOT Paid to Shut Up,” has posts dating back through part of last year, and nonsensically is against a number of things, including fluoridation, Avera McKennan, Ciribank and Marty Jackley among others. It boasts a number of posts dating back to September 2014.

You look at it, and at first blush, you wonder if its parody. But then it gets into the same old attacks we’ve been seeing for months from the Bosworth camp. It’s chock full of ridiculous voter fraud claims citing Robot Bee doomsayer Lori Stacey, and I have my suspicions where it comes from, especially given its  support of Bosworth and attacks on Marty Jackley.

When you look to see who owns it through a Whois search, as expected, it’s a private registration.  But it does reveal another tidbit:

Despite showing posts going back to September 2014, dakotazfreepress.com has only been around since the end of March. So, they actually falsified posts to make them look 6 months older than they really are.
So, another fake website? Just another episode of nuttiness swirling around the Bosworth trial.