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W E E K L Y     U P D A T E   October 19, 2015
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Capitol Hill This Week 
  
The U.S. Congress returns tomorrow from its Columbus Day week's recess. Tuesday's Rules Committee meeting regarding the National Strategic and Critical Minerals Protection Act, H.R. 1937  sets the stage for consideration of the measure by the full House later in the week (likely on Thursday or Friday ). The Act would ease environmental review requirements for mineral production activities, including the requirements of the National Environmental Policy Act, and it would limit courts' ability to provide redress. The measure defines minerals broadly as those necessary for national defense and security; for energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; and to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure. Other regionally-relevant events are listed below. 
 
Tuesday, October 20
  • Senate Energy and Natural Resources Committee hearing to consider several pending Department of Interior nominations, including Suzette M. Kimball, of West Virginia, to be Director of the United States Geological Survey, and Kristen Joan Sarri, of Michigan, to be an Assistant Secretary. 10:00 AM, room 366 Dirksen Senate Office Building.
  • House Rules Committee meeting to set the rules for House consideration of H.R. 1937. 5:00 PM, room H-313 The Capitol (see description of the bill, above).
Wednesday, October 21
  • Senate Agriculture Committee hearing to examine agriculture biotechnology, focusing on Federal regulations and stakeholder perspectives. 10:00 AM, room 106 Dirksen Senate Office Building.
  • Senate Environment and Public Works Committee Subcommittee on Superfund, Waste Management, and Regulatory Oversight hearing entitled, "Oversight of Regulatory Impact Analyses for U.S. Environmental Protection Agency Regulations." 10:00 AM, room 406 Dirksen Senate Office Building.
  • House Transportation and Infrastructure Subcommittee on Water Resources and Environment hearing on abandoned mines in the United States and opportunities for "Good Samaritan" cleanups. 10:00 AM, room 2167 Rayburn House Office Building.
  • Senate Budget Committee hearing on Reforming the Federal Budget Process and the Need for Action. 10:30 AM, room 608 Dirksen Senate Office Building.
Thursday, October 22
  • House Transportation and Infrastructure Committee meeting to markup the "Surface Transportation Reauthorization and Reform Act 6 of 2015." 10:00 AM, room 2167 Rayburn House Office Building.
  • House Homeland Security Emergency Preparedness, Response, and Communications Subcommittee hearing "Examining Federal Emergency Preparedness and Response Capabilities" (i.e., assessing FEMA's capabilities to respond to large-scale disasters). 10:00 AM, room 311 Cannon House Office Building.
  • House Energy and Commerce Subcommittee on Environment and the Economy hearing on "Technical Assistance for Rural Water Systems: S. 611, the Grassroots Rural and Small Community Water Systems Assistance Act" (the bill would amend the Safe Drinking Water Act to reauthorize through FY 2020 the Environmental Protection Agency's program providing technical assistance to small public water systems in complying with national primary drinking water regulations). 10:00 AM, room 2123 Rayburn House Office Building.
For more information, contact   Mark Gorman , Policy Analyst at the Northeast-Midwest Institute.
  
Two Court Decisions Set Stage for Future WOTUS Court Action
 
On October 9, a split 6th Circuit U.S. Court of Appeals panel in Cincinnati ruled (2 to 1) in favor of a states' request that the U.S. Environmental Protection Agency's and Army Corps of Engineers' Waters of the United States ("WOTUS" or "Clean Water") rule be stayed from going into effect nationwide ( read the ruling here ). The 6th Circuit decision came in a set of cases consolidated into one multi-district, multi-circuit case.

As a result of the decision, the rule is no longer in effect anywhere in the U.S. The stay in the rule's implementation will last until the court determines if the Clean Water Act gives it authority over the rule or if the states' appeal must be remanded to a district court (under the Clean Water Act, certain challenges can go directly to an appeals court, bypassing district courts). If the 6th Circuit panel decides that they do not have jurisdiction over the matter, they could concurrently decide that the stay no longer applies. A decision may be forthcoming within a month. The 11th U.S. Circuit Court of Appeals is currently considering the same jurisdictional issue, and should the decisions of the 6th and 11th circuit courts differ, jurisdiction could then be determined by the U.S. Supreme Court.

The 6th Circuit ruling touched upon arguments for and against the rule only briefly, with two of the court finding that there was a "substantial possibility" that the plaintiffs would eventually win on the merits of their claims. In response to the 6th Circuit ruling, an EPA statement said, "The court acknowledges that clarification of the Clean Water Act is needed," and "we look forward to litigating the merits of the Clean Water rule."

Meanwhile, on Tuesday, October 13, the United States Judicial Panel on Multidistrict Litigation ruled against a Department of Justice request that nine separate U.S. district court cases challenging the rule (in seven separate courts) be consolidated into one case and transferred to the U.S. District Court for the District of Columbia ( link to the ruling here ).

For more information, contact   Mark Gorman , Policy Analyst at the Northeast-Midwest Institute.
 

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