FEDERAL UPDATE. Emily Coyner National Stone, Sand & Gravel Association

Size: px

Start display at page:

Download "FEDERAL UPDATE. Emily Coyner National Stone, Sand & Gravel Association"

Camron Johnston
5 years ago
Views:

1 FEDERAL UPDATE Emily Coyner National Stone, Sand & Gravel Association

2 Obama Trump

3 CASE FOR REGULATORY RELIEF Executive Branch: Freeze President Trump & Congressional Leaders: Reg Reform as top priority One in, Two out Regulatory Accountability, Jobs Fewer unfunded mandates to states Senate vulnerabilities

4 EPA ADMINISTRATOR Scott Pruitt, Oklahoma AG Sued over WOTUS and CPP Cost of Rules, State vs. EPA authority Energy top issue in OK-same for EPA? Balance of environment & economic growth Early notice of rulemaking

5 REG REFORM ROAD BLOCKS Senate Confirmations 11 EPA, Corps, FWS etc Senate filibuster & infighting Reviews/rules required: statute & court Court reaction Alec L. v. McCarthy Environmental Groups record fundraising

6 REG REFORM OPPORTUNITIES Executive Orders rescinded Rule revisions & changes Legislation on Jobs Impacts of Regs Appropriations; Agency Changes More Industry & State input Statute Tweaks (ESA, CAA, CWA, MSA)

7 LESSONS FROM THE PAST Don t bite off too much Delay, inactive enforcement yields shortterm benefits, but long-term uncertainty Must have solid legal & science record or won t stand up to litigation Minor technical changes less likely to be priority for future administrations Limited government vs. none

8 REALITIES Limited Days/Ability/Political Will Which rules can be fixed vs. laws Other priorities taxes, ACA, etc Must choose wisely Bipartisan, Coordination Will appointees/agencies be able fix bad rules and policies? Workforce issues: 14,000 vs. 100

9 NEXT 4 YEARS Limited, core-driven new rulemaking Jobs analysis by agencies Adequate notice of upcoming rules State issues: funding, suits & going beyond EPA limits Suits supporting agency actions vs. against agency

10 WOTUS New rule: long-term legal protection & clarity Litigation on hold for EPA/Congress Stay remains in place Legal challenges not over

11 WOTUS SCOTUS: April Hearing June Decision on Venue Administration must use care in how they reconsider/revoke/redo rule 250 page January 13 DOJ Brief arguments must be addressed

12 NATIONWIDE PERMITS March reissue; successful advocacy NSSGA comments accepted Keep NWP 44 limits Take out WOTUS language 54,000 comments; >99% NWP 12 & North Dakota Pipeline Additional tribal consultation Suits likely

13 EPA CONDUCTIVITY REPORT WV Fola Ruling: Liable for elevated SC even if no permit limit Comments due February 21 on draft Insects < where SC is high 2010 consideration of regional us/cm 3 limit States: make standards

14 EPA CONDUCTIVITY REPORT GW vs. SW values; volume NSSGA comments: Correlation is not causation Unreliable field measurement Wide variability in healthy systems Feasibility & treatment issues Long term issue

15 CERCLA HARDROCK FINANCIAL ASSURANCE To ensure cleanup of abandoned processing mines that become SUPERFUND sites Hardrock = ore (vs. soft coal) SUPERFUND: chemicals & activities Aggregates operations have neither = NOT APPLICABLE*

16 AIR PERMITS PM standard 2022 Review process, CASAC crucial No new health effects date for PM10; IARC Study CAA 321 (a) Jobs Analysis Court ordered EPA to perform

17 ENDANGERED SPECIES ACT Land use issues important with leaders No net loss vs. net conservation gain Listing vs. delisting disparity Transparency; COI research Critical habitat Mitigation banking Bees & Butterflies

18 CWA, CAA & ESA REVISIONS Revisions tough TSCA model NAAQS Standard review of 5 years too short-science & States Startup, Shutdown & Malfunction Time Limit Veto under CWA CWA: extent of federal limits

19 COMMUNITY RELATIONS NIMBY & Keep It In the Ground activism & disruption likely to increase Important to continue with good works & education Value of Aggregates Operations Awards & Recognition Good Neighbor

20 WILDLIFE HABITAT COUNCIL 2016 UPDATE 2008 MOU TRAINING, OUTREACH & EXPOSURE BLUEGRASS, CEMEX, LAFARGEHOLCIM, LEHIGH HANSEN, OLDCASTLE, SUMMIT & VULCAN

21 NSSGA AGGREGATES IN ACTION Continue to educate elected officials Quarry tours Regulatory reform - not just stop Transportation funding NSSGA Action Alerts NSSGA Annual Meetings & Legislative & Policy Forum (Fly-In)

Mining: A View from Washington, DC Tawny Bridgeford, Deputy General Counsel

Mining: A View from Washington, DC Tawny Bridgeford, Deputy General Counsel 2014 Year in Review: Regulatory Burdens Source: American Action Forum (http://americanactionforum.org/research/2014-year-of-action-year-of-regulation