H.R. 2018 passed out of the House Transportation and Infrastructure Committee last week with the support of Rep. Duncan and Rep. Fleischmann.  Congressman Cohen stood up for water quality in Tennessee by opposing the bill. H.R. 2018 would seriously restrict EPA’s ability protect water as it flows across state lines, instead relying on each state to do so and losing consistency. States upstream of us with less protective standards could threaten our quality of life. Contact your representative and tell them to oppose H.R. 2018.

H.R. 2018, the Clean Water Cooperative Federalism Act of 2011 was introduced last month by Rep. Mica from Florida. This bill is just simply dangerous. It is an attempt to prevent EPA from using its oversight authority to protect water quality. The bill is written to:

(1) Restrict EPA’s ability to issue a revised or new water quality standard for a pollutant whenever a state has adopted – and EPA has already approved – a standard, unless the state concurs.
(2) Prohibit EPA from superseding a water quality certification (that a discharge will comply with applicable water quality requirements) granted by a state under Clean Water Act (”CWA”) section 401.
(3) Prohibit EPA from withdrawing approval of a state water quality permitting program under CWA section 402 (regarding the National Pollutant Discharge Elimination System, or “NPDES”)), or from limiting federal financial assistance for the state program, on the basis that EPA disagrees with the state regarding a (i) water quality standard that a state has adopted and EPA has approved, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.
(4) Prohibit EPA from objecting to a state’s issuance of an NPDES permit on the basis of (i) EPA’s differing interpretation of an approved state water quality standard, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.

Unfortunately Rep. Duncan of Tennessee’s 2nd District is a co-sponsor of the bill. He and Rep. Cohen (of TN’s 9th District) are members of the committee to which this bill was assigned. Contact them and let them know how threatening this legislation is to our water quality.

House Bill 2154 sponsored by Representative Joe McCord (R-Maryville) and its companion bill Senate Bill 2154 sponsored by Senator Lowe Finney (D-Jackson) are referred to as the Nuisance Bills.  This legislation was one of the most destructive bills to emerge during this year’s legislative session.  It makes it so those actions conducted under a state permit which impact your property, yourself, or your livelihood in a negative manner are no longer “nuisances” as defined by law.  It strips away anyone’s right to be compensated from the negative consequences of a nuisance if the activity causing the nuisance was conducted under a state permit.  This bill is an especially dangerous threat to our private property rights and protection from pollution. 

 Permit or no permit, no one has a right to create problems to other people’s properties and we have right to recover damages if someone else negatively impacts our property.

 The hearing is September 21.  If you are interested in attending and/or testifying feel free to contact Ms. Barnes, the administrative assistant to Judiciary Chairman Coleman, at dorris.barnes@capitol.tn.gov.  You can also contact your congressional representatives and let them know you want your property and self to remain protected from nuisances.

A late Friday night vote ensured some kind of response to climate change. Some folks think it goes too far and some think it doesn’t go far enough. Time will tell. All Tennessee Dems voted for it.  All of Tennessee’s Reps voted against it. No surprise there.

Next stop U.S. Senate.

Man those phones:  we’ve got to get Corker and Alexander on this.  At least make them explain their votes.

RvH

The climate bill just got a bunch of equity provisions. This is a good thing for poor minority communities that might have had to pay to offset pollution in their communities.  Some green jobs got thrown in too. Excellent!

The vote is still on in the House.  Be sure to call over and tell them to pass this bill!

RvH