Legalectric

Overland’s LTE in the Red Wing bEagle

May 4th, 2017

Posted by Carol A. Overland

Filed in Disasters, Land Use, Legislative & Policy, mining, Political Sense (non?)

Signs Antiquities Act Exec Order… & twits this?

April 27th, 2017

Oh, right, he doesn’t read what he signs. But trying to blame shut down of National Parks on anyone other than the guy in the mirror? Does he think we’re that stupid?

The White House

Office of the Press Secretary

For Immediate Release

April 26, 2017

Presidential Executive Order on the Review of Designations Under the Antiquities Act

EXECUTIVE ORDER

– – – – – – –

REVIEW OF DESIGNATIONS UNDER THE ANTIQUITIES ACT

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the importance of the Nation’s wealth of natural resources to American workers and the American economy, it is hereby ordered as follows:

Section 1. Policy. Designations of national monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code (the “Antiquities Act” or “Act”), have a substantial impact on the management of Federal lands and the use and enjoyment of neighboring lands. Such designations are a means of stewarding America’s natural resources, protecting America’s natural beauty, and preserving America’s historic places. Monument designations that result from a lack of public outreach and proper coordination with State, tribal, and local officials and other relevant stakeholders may also create barriers to achieving energy independence, restrict public access to and use of Federal lands, burden State, tribal, and local governments, and otherwise curtail economic growth. Designations should be made in accordance with the requirements and original objectives of the Act and appropriately balance the protection of landmarks, structures, and objects against the appropriate use of Federal lands and the effects on surrounding lands and communities.

Sec. 2. Review of National Monument Designations. (a) The Secretary of the Interior (Secretary) shall conduct a review of all Presidential designations or expansions of designations under the Antiquities Act made since January 1, 1996, where the designation covers more than 100,000 acres, where the designation after expansion covers more than 100,000 acres, or where the Secretary determines that the designation or expansion was made without adequate public outreach and coordination with relevant stakeholders, to determine whether each designation or expansion conforms to the policy set forth in section 1 of this order. In making those determinations, the Secretary shall consider:

(i) the requirements and original objectives of the Act, including the Act’s requirement that reservations of land not exceed “the smallest area compatible with the proper care and management of the objects to be protected”;

(ii) whether designated lands are appropriately classified under the Act as “historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific interest”;

(iii) the effects of a designation on the available uses of designated Federal lands, including consideration of the multiple-use policy of section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C. 1701(a)(7)), as well as the effects on the available uses of Federal lands beyond the monument boundaries;

(iv) the effects of a designation on the use and enjoyment of non-Federal lands within or beyond monument boundaries;

(v) concerns of State, tribal, and local governments affected by a designation, including the economic development and fiscal condition of affected States, tribes, and localities;

(vi) the availability of Federal resources to properly manage designated areas; and

(vii) such other factors as the Secretary deems appropriate.

(b) In conducting the review described in subsection (a) of this section, the Secretary shall consult and coordinate with, as appropriate, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the heads of any other executive departments or agencies concerned with areas designated under the Act.

(c) In conducting the review described in subsection (a) of this section, the Secretary shall, as appropriate, consult and coordinate with the Governors of States affected by monument designations or other relevant officials of affected State, tribal, and local governments.

(d) Within 45 days of the date of this order, the Secretary shall provide an interim report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section with respect to Proclamation 9558 of December 28, 2016 (Establishment of the Bears Ears National Monument), and such other designations as the Secretary determines to be appropriate for inclusion in the interim report. For those designations, the interim report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order.

(e) Within 120 days of the date of this order, the Secretary shall provide a final report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section. The final report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order.

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
April 26, 2017.

Posted by Carol A. Overland

Filed in Disasters, Land Use, Legislative & Policy, Political Sense (non?)

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Comments on Red Wing Ash “Mining” Project

April 15th, 2017

The Tyler Hills Neighbors have filed comments on the MPCA’s Findings of Facts, Conclusions of Law and Order for Negative Declaration on Need for an Environmental Impact Statement:

Comments – Tyler Hills Neighbors_4-12-2017

Here’s the MPCA’s Findings of Facts, Conclusions of Law and Order for Negative Declaration on Need for an Environmental Impact Statement:

Lab USA FOF (MPCA Final)

Why file anything? Well, there are three major problems:

The MPCA states that French Island ash isn’t in the landfill, isn’t being dumped there!
Their delineation of the Water Tank Mounds is way off.
The project proposer changed the plan because there was a leachate issue, but now that they’re collecting the leachate it needs to be dumped back into the landfill to utilize the landfill leachate system.

This isn’t rocket science folks — how can you be so off on these things?

Posted by Carol A. Overland

Filed in Land Use, Legislative & Policy, Political Sense (non?)

1 Comment »

Lab USA Ash Mining – PCA says “No EIS needed”

April 7th, 2017

No surprise. BUT, many issues not addressed, and many comments not registering, much less considered, it seems. Minnesota Pollution Control Agency “reviewed” the Lab USA Environmental Assessment and Comments and determined that:

And the bottom line:

Here’s the full document, check it out:

Lab USA FOF (MPCA Final)

Note they do not address the Water Tank Mound, which comprises much of the Red Wing lay down yard site, and there is no acknowledgement, much less characterization or use in modeling, of the La Crosse incinerator ash that’s trucked in, and something like 50% of that is old railroad ties full of creosote. Pretty toxic stuff, that creosote.

Something odd — if not for a little birdie, I’d not have known that this was issued, no service, no notice, nada. ??? Thank you, little birdie!!!

Posted by Carol A. Overland

Filed in Disasters, Land Use, Legislative & Policy, mining, Political Sense (non?)

No Comments »

Killing the EQB and gutting environmental law!

March 13th, 2017

Lake Pepin on a very warm blustery day last week

There’s a bill out there that will eliminate Minnesota’s Environmental Quality Board and shove that work over to the MPCA, at the same time, gutting DNR and MPCA review by linking to funding or lack thereof. Shifting preparation of environmental documents to the project applicant. This is not crying wolf, this is happening, it is going through committees in both House and Senate, and I’m at a loss to describe how awful this is. Here’s the point, in short:

Mindful that defunding is a primary means to neuter an agency, check this, for the DNR, but repeated as amendment to 116.07 for Pollution Control Agency in lines 10.3-10.15:

Look at line 3.32 “nor shall it expire without the consent of the permittee.” Gutting DNR and MPCA authority. Failure to fund agencies is such a problem that the MPCA has a backlog of expired permits. This means that permits would go on and on and on, because permit violations are not usually an “imminent threat” but instead a long term cumulative impact.

How about this — earth to Mars, environmental review is not decisional, nothing should be deemed approved because an EIS is approved:

The project applicant prepares the Draft Environmental Impact Statement? WHAT?!?!

Still picking out more specifics…

Bottom line, Minnesotans, here’s the “TO DO” of the day. Contact the House and Senate authors, and send a quick round of emails or call the House Ways & Means and Senate Environment and Natural Resources Finance. Focus on the authors and Republican members. Tell them to vote this bill DOWN! Contact info below.

Here are the House authors:

rep.dan.fabian@house.mn (651) 296-9635, rep.dale.lueck@house.mn (651) 296-2365, rep.steve.green@house.mn (651) 296-9918, rep.josh.heintzeman@house.mn (651) 296-4333

House status: TEXT. On March 8th it was re-referred to House Ways & Means Committee. No meeting scheduled yet. Contact the House Ways & Means Committee members — their emails:

rep.jim.knoblach@house.mn, rep.bob.vogel@house.mn, rep.lyndon.carlson@house.mn, rep.sarah.anderson@house.mn, rep.dave.baker@house.mn, rep.tony.cornish@house.mn, rep.greg.davids@house.mn, rep.matt.dean@house.mn, rep.bob.dettmer@house.mn, rep.steve.drazkowski@house.mn, rep.dan.fabian@house.mn, ep.pat.garofalo@house.mn, rep.bob.gunther@house.mn, rep.rod.hamilton@house.mn, rep.alice.hausman@house.mn, rep.debra.hilstrom@house.mn, rep.frank.hornstein@house.mn, rep.tina.liebling@house.mn, rep.jenifer.loon@house.mn, rep.paul.marquart@house.mn, rep.erin.murphy@house.mn, rep.bud.nornes@house.mn, rep.gene.pelowski@house.mn, rep.jeanne.poppe@house.mn, rep.paul.torkelson@house.mn, rep.dean.urdahl@house.mn, rep.jean.wagenius@house.mn

Here are the Senate authors:

sen.bill.ingebrigtsen@senate.mn (651) 297-8063, sen.carrie.ruud@senate.mn (651) 296-4913, Sen. Paul Gazelka (link to form)(651) 296-4875, Sen. David Tomassoni (link to form)(651) 296-8017.

Senate Status: TEXT – was Amended and amendment not posted. TWO Committee meetings scheduled, one TODAY, BUT status is conflicting:

Committee on State Government Finance and Policy and Elections
03/13/2017	Meeting scheduled for 05:30 PM in Room 1200 Minnesota Senate Bldg.
03/13/2017	No Committee Action Recorded
Committee on Environment and Natural Resources Finance
03/15/2017	Meeting scheduled for 10:30 AM in Room 1150 Minnesota Senate Bldg.