The Republican Plan to Dismantle the Endangered Species Act

[hortysir]

Dusky gopher frog gets 170-acre home in Mississippi

More than 170 acres in southern Mississippi will be protected from development to help the endangered dusky gopher frog, which has been the subject of controversy and legal action involving landowners in St. Tammany Parish, the Center for Biological Diversity said Thursday (May 14).

The organization - along with the Mississippi Chapter of the Sierra Club, Gulf Restoration Network, Land Trust for the Mississippi Coastal Plain and Columbus Communities – announced the Land Trust will take ownership of the property in the Gulfport area from Columbus Communities to protect it and ensure the survival of the rare frog and its longleaf pine habitat. Columbus Communities has already started building a planned community called "Tradition" in the area, the groups said in a news release.

"Dusky gopher frogs desperately needed this good news to survive," said Collette Adkins, an attorney for the Center for Biological Diversity, which works to protect endangered amphibians and reptiles. "We were concerned that development so close to the frog's essential breeding habitat could have driven the species extinct. I'm glad that the developer and the conservation community worked together to protect this area and give us real hope for the survival of this frog."

Nonexistent Frogs and Endangered Private Property Rights | RedState

St. Tammany Parish, across Lake Pontchartrain from New Orleans, is one of the highest-growth parishes (counties) in Louisiana. The Poitevent family is the largest landowner in the parish.

As it turns out, 1,500 acres of the family holdings are considered by the U.S. Fish and Wildlife Service to be critical habitat for an endangered species: the dusky gopher frog (Rana sevosa), a/k/a the Mississippi gopher frog, declared endangered in 2001. The Poitevents are suing the feds to prevent their land from being permanently ruled off-limits for development. Today afederal judge allowed the Center for Biological Diversity and the Gulf Restoration Network, two private environmental groups, to join in the suit.

A big differane between 170 acres, and 1500 acres. Somebody is lying.

It's talking about two different locations.
Read more closely

Regardless of the acreage in question, the frog doesn't live there and hasn't for FIFTY YEARS.
So the Fed gets to lock down land on a maybe they might return

 

[Crick]

So, in the Republican version of the ESA, an endangered species is entitled to no more land that it inhabits AT ITS LOWEST POPULATION LEVELS. Once human development has driven a species off of a piece of land, that land is ours forever and the animals can pack sand. The creation of viable habitat is not in the arsenal of Republican restoration efforts. I suppose it actually consists of nothing more than a requirement for permits before hunting or disturbing the Duskey Gopher Frog. And scientists collecting data will be classified as a disturbance and their permit applications will go unapproved...

VERY effective. The planet will be sterile, denuded and ready for universal strip mining in a decade.

Jackasses, all of you.

 

[eagle1462010]

So, in the Republican version of the ESA, an endangered species is entitled to no more land that it inhabits AT ITS LOWEST POPULATION LEVELS. Once human development has driven a species off of a piece of land, that land is ours forever and the animals can pack sand. The creation of viable habitat is not in the arsenal of Republican restoration efforts. I suppose it actually consists of nothing more than a requirement for permits before hunting or disturbing the Duskey Gopher Frog. And scientists collecting data will be classified as a disturbance and their permit applications will go unapproved...

VERY effective. The planet will be sterile, denuded and ready for universal strip mining in a decade.

Jackasses, all of you.

As you support the Judicial Activism of the leftwing brigade..........................

Sue and Settle...............Consent Decree............creating new regulations outside the path of Congress...............

It's what your side does when it can't get it's way through normal channels..................and it BANK ROLLS Enviro Wack groups to give them every thing they want and paid by the U.S. tax payer.............

But it depends on the issue at hand..........If it's a GIANT SOLAR FURNACE in MOHAVE..............then your ok with busting up the land used by the Turtles that you went bat shit crazy over some COWS to save a Turtle that the Gov't later killed..............................

You don't give a rats ass about the birds who fly into the beams and get cooked alive because it is GREEN ENERGY................Or the birds flying into your precious wind turbines.......................

Try to build something..............liberals............I'LL SUE............then get the EPA via the lawsuit to create a new regulation on the case..........whether it is HAZE............whether it is a danged SINGLE SPIDER................

Spare me your BS on how we WANT TO DESTROY the Ecosystem Mr. Hypocrite.............................The only Jack Asses are the ones who sue and settle, consent and decree, to pass regulations outside the normal paths...................and ignore it when it's your precious green energy.

Look.........here's crick....

 

[eagle1462010]

EPA's Secret And Costly 'Sue And Settle' Collusion With Environmental Organizations

The Chamber’s study author, William Yeatman, Assistant Director for Energy and Environment at the Competitive Enterprise Institute (CEI), emphasizes that EPA’s abuse of its Regional Haze authority forces states to relinquish their authority and accept EPA’s far more expensive plans, thereby increasing consumer utility charges. He concluded that: “… no state is immune from having its rightful Regional Haze authority trampled by EPA at profound costs for virtually nonexistent benefits.”

Having conducted eight state case studies, Yeatman found that:

• In Arizona, EPA’s Regional Haze regulation threatens to increase the cost of water, forcing the state to spend an additional $90.2 million per year to implement the federal regulation.
• In Montana, EPA’s proposed Regional Haze controls are nearly 250% more expensive than what that agency’s standing rules presume to be “cost-effective” for compliance,
• In 2011, the EPA disregarded New Mexico’s Regional Haze plan, instead imposing a federal plan that requires nearly $840 million more in capital costs…potentially raising average annual household utility bills by $120.
• Although North Dakota is one of only 12 states that achieves all of EPA’s air quality standards for public health, it would not be able to achieve EPA’s Regional Haze goals for visibility even by shutting down all industry. The EPA plan would also cost the state an additional $13 million per year,
• Refusing to approve Oklahoma’s Regional Haze plan, the EPA’s plan would cost the state $282 million annually.
• In Wyoming, the EPA proposed a federal implementation plan that would cost almost $96 million per year more than the state’s plan.
• Minnesota is subject to back-to-back Regional Haze regulations, whereby EPA is claiming authority to regulate regional haze twice in succession at its Sherburne County generating plant.
• EPA’s proposed plan would cost Nebraska nearly $24 million per year to achieve invisible “benefits”.

Louisiana Senator David Vitter (R-LA), the new ranking member of the Senate Environment and Public Works Committee, plans to investigate this Sue and Settle practice, “using all available tools to bring to light this often abused path to regulatory influence”. For starters, he asked his Louisiana Attorney General Buddy Caldwell to join with AGs of 13 other states who filed a Freedom of Information Act (FOIA) request with EPA on August 10, 2012, asking for any and all correspondence between EPA and a list of 80 environmental, labor union and public interest organizations that have been party to litigation since the start of the Obama administration.

Unfortunately, getting federal agencies to comply with formal FOIA requests isn’t proving to be easy. And to make matters worse, there is evidence that top bureaucrats have even used private e-mail accounts and aliases to cover culpability tracks.

 

[eagle1462010]

2014 Ends with a 78,978-Page Federal Register; 3,541 Rules and Regulations | Competitive Enterprise Institute

At year-end 2014, the Federal Register stands at 78,978 pages, the fifth-highest count ever.

(The published version contains 79,066 pages, but I net out blank and skipped pagesin my roundup.)

Of the six record-high tallies, five are Obama’s as the chart nearby shows. The pen and phone have been active.

President Obama has become famous for doing things via his “pen and phone” rather than implementing the laws Congress passes, the presidential role established by the Constitution. During 2104, Obama issued 34 Executive Orders (several of them merely corrections of prior misprints).

However, as I’d noted in a July Forbes column called “Despotism-Lite? The Obama Administration's Rule By Memo,” Executive orders are not Obama’s primary pen and phone medium—presidential “memoranda” are. He has issued 25 executive memoranda in 2014.

Each memo “hereby directs” someone in the federal apparatus to implement new controls and larger government without Congress having a say.

In 2014 alone, Obama’s memos create a dubious new financial instrument and implement new positive rights regarding work hours and employment preference, among much more. A December 2014 USA Today story notes Obama has used memosmore than previous presidents. I break down number of memos by year, since 2000,here.

Agency guidance documents are another form of such “regulatory dark matter,” and requiring them to undergo scrutiny, including Administrative Procedure Act formalities will be another task of the new 114th Congress. No one even knows where to find all the agency “guidance” that’s out there.

I compile a weekly roundup the year's proposed and final rules, executive orders, memoranda and other information on a daily basis here on our Ten Thousand Commandments page.

 

[eagle1462010]

S.226 - 114th Congress (2015-2016): Regulations From the Executive in Need of Scrutiny Act of 2015 | Congress.gov | Library of Congress

Summary: S.226 — 114th Congress (2015-2016)

Regulations From the Executive in Need of Scrutiny Act of 2015

States that the purpose of this Act is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations.

Revises provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General a classification of the rule as a major or nonmajor rule.

Requires a joint resolution of approval of major rules to be enacted before such rules may take effect. Provides that if a joint resolution of approval is not enacted by the end of 70 session days or legislative days, as applicable, after the agency proposing the rule submits its report on such rule to Congress, the major rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for one 90-calendar day period without such approval if the President determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules.

Requires the introduction of a joint resolution addressing a report classifying a rule as a major rule within three legislative days in the House of Representative and three session days in the Senate. Prohibits any amendments to such a joint resolution at any stage of the legislative process. Provides for expedited consideration of a joint resolution of approval and requires a vote on such resolution in the Senate within 15 session days after it is reported by the committee to which it was referred, or after such committee has been discharged from further consideration of the resolution.

Allows a court to review whether an agency has completed the necessary requirements under this Act for a rule to take effect. Limits the effect of a joint resolution of approval of a major rule.

Prohibits an agency from allowing a major rule to take effect without the congressional review procedures set forth in this Act.

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any congressional approval procedure set forth in this Act affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this Act.

 

[eagle1462010]

The Act is another attempt to REIN IN, aka REIN'S ACT, the Executive powers to create new Regulations OUTSIDE OF CONGRESS................

As they are doing constantly.................................

Obama will be famous for his PEN AND PHONE tactics..............................

The Libs are famous for SUE AND SETTLE REGULATIONS...................

The Libs are famous for CONSENT DECREES..............................

Outside the normal path of new laws and regulations..................The ESA is part of this abuse..............and it is for this reason it, and other Federal Agencies are getting blow back bills for creating LEGISLATION VIA JUDICIAL ACTIVISM........................

If we wanted to do as they do...........Fight Fire with Fire.............We could challenge any of their pet projects via the Sue and Settle Process...........and give them a taste of their own medicine..................

 

[Crick]

So, in the Republican version of the ESA, an endangered species is entitled to no more land that it inhabits AT ITS LOWEST POPULATION LEVELS. Once human development has driven a species off of a piece of land, that land is ours forever and the animals can pack sand. The creation of viable habitat is not in the arsenal of Republican restoration efforts. I suppose it actually consists of nothing more than a requirement for permits before hunting or disturbing the Duskey Gopher Frog. And scientists collecting data will be classified as a disturbance and their permit applications will go unapproved...

VERY effective. The planet will be sterile, denuded and ready for universal strip mining in a decade.

Jackasses, all of you.

As you support the Judicial Activism of the leftwing brigade..........................

What judicial activism are you talking about? The courts in these issues are simply taking on cases brought to them. You don't mean judicial activism. You mean "The Law".

Sue and Settle...............Consent Decree............creating new regulations outside the path of Congress...............

If you don't think people should be able to bring suit before the courts, you need to either re-write our constitution or find somewhere else to call home. And Congress doesn't create regulations, it creates laws. Regulations are created by the regulatory agencies of the Executive Branch to enforce the laws. If you think a regulation isn't authorized by a given piece of legislation, bring suit. Except you don't want people to be able to bring suit. I think you need to work out what the fuck it is you DO want.

It's what your side does when it can't get it's way through normal channels.

Yo, Jackass, those ARE normal channels. You've never had a course on US Government, have you? Those used to be mandatory back in high school. Have they dropped that? Or did you just flunk?

and it BANK ROLLS Enviro Wack groups to give them every thing they want and paid by the U.S. tax payer.

Do you always have this much difficulty constructing coherent and meaningful sentences? Last time I checked, we (including you) can all give our money to whoever the fuck we want to. And if you think the money that WE give them is tax money, you've got a really confused idea of who the fuck WE are.

But it depends on the issue at hand..........If it's a GIANT SOLAR FURNACE in MOHAVE, then your ok with busting up the land used by the Turtles that you went bat shit crazy over some COWS to save a Turtle that the Gov't later killed.

Seeing as I'm the one trying to protect the Endangered Species Act while you're the one trying to defund and repeal it, you've going to have a tough row to hoe if you plan to paint me as an environmental bad guy.

You don't give a rats ass about the birds who fly into the beams and get cooked alive because it is GREEN ENERGY; Or the birds flying into your precious wind turbines.

I do care about those animals and I support and encourage all efforts to reduce their numbers. But far more harm would be done to those species were the energy generated by wind and solar facilities produced by the combustion of fossil fuels.

Try to build something. liberals. I'LL SUE. then get the EPA via the lawsuit to create a new regulation on the case. whether it is HAZE. whether it is a danged SINGLE SPIDER.

Feel free. That's perfectly within your rights. But if the judge decides your suit was frivolous, you're liable to end up paying a great deal of court and lawyer costs.

Spare me your BS on how we WANT TO DESTROY the Ecosystem Mr. Hypocrite

It was hyperbolic. I more strongly suspect that what you want is to remove all fetters on business. Unfortunately, the net result is the same.

The only Jack Asses are the ones who sue and settle, consent and decree, to pass regulations outside the normal paths. and ignore it when it's your precious green energy.

You don't even understand the basics of legal functions here. You've constructed what you think are meaningful buzzwords and are just putting them out in a chorus. To sue and to settle are two different acts. The second term should have been "consent decree". As I've already stated, Congress does not "pass regulations". And, to the rest of the world, these ARE the "normal paths". This is how the world works. Sorry if its so difficult for you.

Your buzzwords actually tell us that you do not want disputing parties to come to agreement or to understandings. That has no bearing on the topic of this thread and makes no sense in any general context I can think of. Why don't you sit back, do some reading and try to educate yourself on these topics?

Look.........here's crick....

Look, here's a jackass.

 

[Crick]

EPA's Secret And Costly 'Sue And Settle' Collusion With Environmental Organizations

The Chamber’s study author, William Yeatman, Assistant Director for Energy and Environment at the Competitive Enterprise Institute (CEI), emphasizes that EPA’s abuse of its Regional Haze authority forces states to relinquish their authority and accept EPA’s far more expensive plans, thereby increasing consumer utility charges. He concluded that: “… no state is immune from having its rightful Regional Haze authority trampled by EPA at profound costs for virtually nonexistent benefits.”

Having conducted eight state case studies, Yeatman found that:

• In Arizona, EPA’s Regional Haze regulation threatens to increase the cost of water, forcing the state to spend an additional $90.2 million per year to implement the federal regulation.
• In Montana, EPA’s proposed Regional Haze controls are nearly 250% more expensive than what that agency’s standing rules presume to be “cost-effective” for compliance,
• In 2011, the EPA disregarded New Mexico’s Regional Haze plan, instead imposing a federal plan that requires nearly $840 million more in capital costs…potentially raising average annual household utility bills by $120.
• Although North Dakota is one of only 12 states that achieves all of EPA’s air quality standards for public health, it would not be able to achieve EPA’s Regional Haze goals for visibility even by shutting down all industry. The EPA plan would also cost the state an additional $13 million per year,
• Refusing to approve Oklahoma’s Regional Haze plan, the EPA’s plan would cost the state $282 million annually.
• In Wyoming, the EPA proposed a federal implementation plan that would cost almost $96 million per year more than the state’s plan.
• Minnesota is subject to back-to-back Regional Haze regulations, whereby EPA is claiming authority to regulate regional haze twice in succession at its Sherburne County generating plant.
• EPA’s proposed plan would cost Nebraska nearly $24 million per year to achieve invisible “benefits”.

Louisiana Senator David Vitter (R-LA), the new ranking member of the Senate Environment and Public Works Committee, plans to investigate this Sue and Settle practice, “using all available tools to bring to light this often abused path to regulatory influence”. For starters, he asked his Louisiana Attorney General Buddy Caldwell to join with AGs of 13 other states who filed a Freedom of Information Act (FOIA) request with EPA on August 10, 2012, asking for any and all correspondence between EPA and a list of 80 environmental, labor union and public interest organizations that have been party to litigation since the start of the Obama administration.

Unfortunately, getting federal agencies to comply with formal FOIA requests isn’t proving to be easy. And to make matters worse, there is evidence that top bureaucrats have even used private e-mail accounts and aliases to cover culpability tracks.

Yo, the topic of this thread is Republican efforts to defund the Endangered Species Act, not the EPA.

 

[eagle1462010]

EPA's Secret And Costly 'Sue And Settle' Collusion With Environmental Organizations

The Chamber’s study author, William Yeatman, Assistant Director for Energy and Environment at the Competitive Enterprise Institute (CEI), emphasizes that EPA’s abuse of its Regional Haze authority forces states to relinquish their authority and accept EPA’s far more expensive plans, thereby increasing consumer utility charges. He concluded that: “… no state is immune from having its rightful Regional Haze authority trampled by EPA at profound costs for virtually nonexistent benefits.”

Having conducted eight state case studies, Yeatman found that:

• In Arizona, EPA’s Regional Haze regulation threatens to increase the cost of water, forcing the state to spend an additional $90.2 million per year to implement the federal regulation.
• In Montana, EPA’s proposed Regional Haze controls are nearly 250% more expensive than what that agency’s standing rules presume to be “cost-effective” for compliance,
• In 2011, the EPA disregarded New Mexico’s Regional Haze plan, instead imposing a federal plan that requires nearly $840 million more in capital costs…potentially raising average annual household utility bills by $120.
• Although North Dakota is one of only 12 states that achieves all of EPA’s air quality standards for public health, it would not be able to achieve EPA’s Regional Haze goals for visibility even by shutting down all industry. The EPA plan would also cost the state an additional $13 million per year,
• Refusing to approve Oklahoma’s Regional Haze plan, the EPA’s plan would cost the state $282 million annually.
• In Wyoming, the EPA proposed a federal implementation plan that would cost almost $96 million per year more than the state’s plan.
• Minnesota is subject to back-to-back Regional Haze regulations, whereby EPA is claiming authority to regulate regional haze twice in succession at its Sherburne County generating plant.
• EPA’s proposed plan would cost Nebraska nearly $24 million per year to achieve invisible “benefits”.

Louisiana Senator David Vitter (R-LA), the new ranking member of the Senate Environment and Public Works Committee, plans to investigate this Sue and Settle practice, “using all available tools to bring to light this often abused path to regulatory influence”. For starters, he asked his Louisiana Attorney General Buddy Caldwell to join with AGs of 13 other states who filed a Freedom of Information Act (FOIA) request with EPA on August 10, 2012, asking for any and all correspondence between EPA and a list of 80 environmental, labor union and public interest organizations that have been party to litigation since the start of the Obama administration.

Unfortunately, getting federal agencies to comply with formal FOIA requests isn’t proving to be easy. And to make matters worse, there is evidence that top bureaucrats have even used private e-mail accounts and aliases to cover culpability tracks.

Yo, the topic of this thread is Republican efforts to defund the Endangered Species Act, not the EPA.

Both agencies use the same methods to get their agenda passed...............behind closed doors and outside of Congress.................

Jack ass.......................Now SUE ME BITCH.......................then your executive asshats can pass any new regulation your little liberal heart desires...............

Most of these bills are to put a LEASH ON THE EXECUTIVE GOV'T..........................who are most definitely out of control..............

But to you...................we are here to kill all the animals on earth and make people eat dog food...........It's just what asshats like you preach.................just ignore the dead carcasses around your pet projects.................Mr. Smeagle.

 

[Crick]

S.226 - 114th Congress (2015-2016): Regulations From the Executive in Need of Scrutiny Act of 2015 | Congress.gov | Library of Congress

Summary: S.226 — 114th Congress (2015-2016)

Regulations From the Executive in Need of Scrutiny Act of 2015

States that the purpose of this Act is to increase accountability for and transparency in the federal regulatory process by requiring Congress to approve all new major regulations.

Revises provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General a classification of the rule as a major or nonmajor rule.

Requires a joint resolution of approval of major rules to be enacted before such rules may take effect. Provides that if a joint resolution of approval is not enacted by the end of 70 session days or legislative days, as applicable, after the agency proposing the rule submits its report on such rule to Congress, the major rule shall be deemed not to be approved and shall not take effect. Permits a major rule to take effect for one 90-calendar day period without such approval if the President determines it is necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, for national security, or to implement an international trade agreement.

Sets forth the congressional approval procedure for major rules and the congressional disapproval procedure for nonmajor rules.

Requires the introduction of a joint resolution addressing a report classifying a rule as a major rule within three legislative days in the House of Representative and three session days in the Senate. Prohibits any amendments to such a joint resolution at any stage of the legislative process. Provides for expedited consideration of a joint resolution of approval and requires a vote on such resolution in the Senate within 15 session days after it is reported by the committee to which it was referred, or after such committee has been discharged from further consideration of the resolution.

Allows a court to review whether an agency has completed the necessary requirements under this Act for a rule to take effect. Limits the effect of a joint resolution of approval of a major rule.

Prohibits an agency from allowing a major rule to take effect without the congressional review procedures set forth in this Act.

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any congressional approval procedure set forth in this Act affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this Act.

Note that this is an unapproved CHANGE.

Note that this calls for REVIEWS of regulations, not their creation.

Jeez are you stupid.

 

[Crick]

Both agencies use the same methods to get their agenda passed...............behind closed doors and outside of Congress.

Both AGENCIES?!?!?

Are you out of the fucking third grade?

 

[eagle1462010]

you twit.................You know damned well what I'm talking about........and the purpose of my posts and information..................it is spot on with the OP on how you use the danged straw man to attack those who dare challenge the massive regulations issued under the executive dept..............................

And someone like you will defend it until hell freezes over........................They have too much power............and they need to be put on a danged leash................Obama's phone and pen need to be put in a dumpster and sent where they belong.........to a land dump.

 

[Crick]

"To a land dump"?

I'm tired of wasting my time with you. You haven't a fraction of the intelligence needed to hold up your end of this conversation.

Go get an education somewhere.

 

[Old Rocks]

you twit.................You know damned well what I'm talking about........and the purpose of my posts and information..................it is spot on with the OP on how you use the danged straw man to attack those who dare challenge the massive regulations issued under the executive dept..............................

And someone like you will defend it until hell freezes over........................They have too much power............and they need to be put on a danged leash................Obama's phone and pen need to be put in a dumpster and sent where they belong.........to a land dump.

LOL. No, we will not defend it, we will enlarge and enforce it. You see, we are done with letting you polluters have your way despoiling the whole nation. You defend mountain top removal mining, never mind what it does to the land. You defend those that would destroy all species not immediatly useful for profit.

But those of us of the older generation that have seen what the land looks like after people like you get done, and remember what it looked like in our youth, are putting an end to that. We are teaching the young people what we, and they, have lost. And what must be done to get it back, at least in part. Don't like it? Too fucking bad, get the votes to stop us, because that is how we are doing it.

You see, your kind has all kinds of lies, like that about the Gopher Frog. And we are continually exposing those lies. And the youth at the Universities are being told exactly who is telling the lies, and the why they are being told. 2016.