HomeMy WebLinkAboutLetter from Fred Kelly Grant Regarding EPA Comment Deadline Wfljy-',�c'ou" r'y
ADMINtSTRA
April 14, 2017 APR 2 0
TO: California County Supervisors
FROM: Fred Kelly Grant
RE: An Extraordinary Opportunity to Tell the EPA What to Scrap - -C'LRnm-P--rrt Elo-1-a-011na-MID, '111-5-il
In January, the President ordered all agencies to review, with lc?cal g2yfarnment input and
remove any regulation that hampers progress for domestic manufacturing and/or
expansion of jobs.
In response to the President's Order, the Environmental Protection Agency (EPA) has just asked for
"Comments" as to which of their many regulations to rescind (see reverse for the Federal Register
notice, dated April: 13, 2017).
Now, acting through "coordination" rather than merely coirntnenting, you can require the
EPA (any agency, in fact) to conduct a consistency review with you. Yes you can .—and we
will help you do it:
On May 5 and 6 in Woodland, California, we will present Coordination 101 and will review
with you the pre-existing law of coordination and the coordination orders issued by the
President in the last 100 days that pave the way for you to meaningfully participate in an
historic regulatory reform, We will also have copies of a recently adopted County resolution for
YOU to use as the template for your County.
We will help you develop the strategy for your particular county to make the best use of the
expanded authority the President has just afforded during these past few weeks. You have a
unique opportunity to participate in the building of an all new reg�ulatory structure: of the national
government---through the coordination process.
The President also signed into law the legislation strengthening ybur authority to require the
agencies to coordinate with you. For example, the new law repudiates the rule by which the
Bureau of Land Management had tried to weaken the coordination process to avoid consistency
reviews with You and other local governments.
Just two weeks ago, President Trump issued an executive order withdrawing the EPA's and Army
Corp's "Waters of the United States" Rule and chastised,them for ignoring you and other local
governments when they issued the Rule. In his remarks, lie said that California farmers and
ranchers need water and local government needs to be involved in getting them water. He
instructed the Department of Justice to advise every judge who is hearing litigation regarding the
Waters of the United States Rule that the Rule has been withdrawn and is being re-studied'.
NOW THE EISA SEFKs yoUR COUNSF1. AS TO WHIC11 RECAILATION-S TO RESCINn. THiMs XS
YOUR C,HA NC,E To MANE A REAL V0.rCE XN ThIE RE MA I<ING OF THE NA TIONA L
REGULATONY SYSTEM ---- AND XTIS ALSO YOUR CHANCETO ff-IaP DRAIN TI-IESWAMP.
Act right away, and we will help you develop your strategy and your consistency demands
(some general; some specific) in Woodland on May 5 and 6 (see the enclosed flyer for details).
WE HAVE ALL TALKED THE TALK FOR THIRTY YEARS----NOW WE HAVE THE CHANCE TO WALK THE
WALK. JOIN US IN WOODLAND AND YOU WILL COME AWAY WALKING TALL,
[If YOU are not familiar with the work of Fred Kelly Grant, please see the enclosed article by Kathy ldoekstra
in the April 13, 2017 edition of The Washington Times. For new detailed coordination opportunities to
benefit your county, or to register for the confe-rdnce, please call: 1,--855-426-5778 or 530-233--3276.]
1[ede �d llegisteir/Vol.'8 `,' b, 70l"11-ursday, April :13,, 7017/Proposed Mules -171793
6. To what extent,if at all,should Evaluation of Existing Regulations regarding their repeal,replacement,or
local real estate customs affect(i)the types modification."'The Eo further asks that each
and amount,,of closing costs that VA altows AGENCY: anvitonlx�enttil Protection °1'ask Force"attempt to ident4regulations
and(ii)which is responsible forpaying Aency
PA). that;
such costs? ACTION.
Request for connlnnelnt. (i) F'Ifirrinate jobs,or inhibitjob
7. In a non-VA-guaranteed learn SUMMARY: In accordance with creation;
transaction,hove are attorneys" (ecus usually Executive Order 13777, °`1�rnforcin�g� (ii) are outdated,unnecessary„or
paid when the attorney is not representing Ilse ,, ineffective;
veteran?Should VA allow a borrower to pay the Regulatory Reform agenda,
an attorney lee if the.attorticy(foes not have.a EPA is seeking input on regulations
(iii) impose costs that exceed cd 1ponefats;
fiduciary duty to floe borrower"? that may be appropriate for repeal, (iv) create a serious inconsistency or
S. Should VA allow lenders to charge1 eplacetnnent, or InloCli cation. otherwise interfcte with regulatory reform
vcter�ans differently depending upon the type initiatives and policies;
®,ETES: Comments imist be
of transaction(e.g,purchase,cash-out (v) are inconsistent with the
refinance,streamline(]refinance,etc.)?ITso, received on o1'before May 15,2017. requirements of seclion 515 of the Treasury
what are the justifications for the different ADDRESSES:Submit your corunnents, and General Government Appropriates Act,
pricing? identified try ocicet )No.CI'A-1Z4 C7A- 2001, (14 13.S.(1 3516 note),or the guidance
J. What other[ending programs, issued pursuant to that provision in particular
whether public or privatt might Vel,consider 2017-low the19 0 mine in truct.rt*sfortr'rnrrs�niffi.
1 1 b fallow tlrc online instructions Far strbmittirng those regulations that rely in wlnt?Ic or in part.
as models in considering aanrendinents to VA's on data,infermation,or methods that are not
a onunrea�nts.{ince submitted,comments cannot
charges spree ices pint(.'?What characteristics be edited or remove(] t�otra!?e�rrrlcatictrr5,.snv. 1pulplrcly nvaila1ple or that arc insufficiently
make these]programs usefinl analogs to the Thebe
iced oraay publish any comment receive(( transparent to rrncet the standard�of
VA-guaranteed loan prograunl reproducibility;or
10. What other information should VA to its public(locket.Do not submit
consider in determining the types of expenses electrorricatily any information yeti consider to (vi) derive from or implement 1 xec utive
a veteran should be expected to pay to close a be Confidential Business Information(03I)or Orders or other Presidential directives that
VA-guaranteed loan?1l.What charges or other information whose disclosure is have been subsecluerntly rescinded or
fees should VA allow veterans to parry In order restricted by statute.Multimedia subrrnissioris substantially modified."
(audio,video,etc.)must be accompanied by as Section 3 0 of the E.o.calls on tic Tusk
to close a construction or rehabilitation/ ( )
renovation loan? vvritteii connnent. file written comment is . . Force to"seek input and otherassistance,as
considered die official comment and should permitted by law,from entities significantly
signing,421tho)-ity in6lride•discussi,on ofall points youwish to affected,by Federal rcgrilations,inclu dlrg
The Secretary of Veterans Affairs,or make."'d''he r-PA will generally'not c6frsid6r State,local,and tribal governments,small.
comanents or comment contents located
designee,approved this rloc;nrnerrt andhtisirnesses,consumers,non-governmental
authorized the undersigned to siva surd submit outside of the primary subrrussion(i.e.on the organizations,and trade associations"err
the document to the Office ofthe Fcdcral web,Cloud,or other file sharing system).For regulations that nievt some or all of the criteria
fiegister Tor publication electronically ars air additional submission methods,the toll EPA 'above."Through this notice,1"PA is soliciting,
official document of the Department of public comment policy,information about such input from the public to infunn itsTask
Veterans Affairs.GinaS.Fa:rrisee,Deputy 031:or multimedia submissions,and generarl Force's evaluation ofcxisting regulations.
Cluef'of ,Staff Department of Veterans guidance oil malting cfTective comments, EPA requests that corrnmeaters be as specific
Affairs,approved this document on March 17, please visit as possible,include any supporting data or
2017,for publication. r vrnrtr<rraPirrg-e7per-Hackett. other information such as cost ianformaition,
Dated:March 17,2017. FOR FURTHER INFORMATION CONTACT:For provido a Federal Register(FR)or Code Of
Jeffrey Alrrrtin, Turther information on this document,please 1 edcral Regulations(CFR)citation when
ce'1'r+a�rrrrrr evlaraCr ,er,Cy r e Pte nrfcr[ron
& contact Sarah bees,Director,Office of ref rcaicrng a specific regulation,and provide
Policq, Mariagerrrea �7�ec aJ�ri�Scc,etcrr;d, Regulatory policy and specific suggestions regarding repeal,
Deparmiew oJ11eteransrt/?crirs. Mail agetncnt,Office ofpolicy, 1200 replacement or nnodificadon.Although Elko
[FR Doc,201747492 ailed 4-12-17;8:45 aim] Pennsylvania Aventne NW.,Mail(;'odc at„cricy will not respond to individual
BILLING coon 6320_01_n 1803A,Washington,DC 20,160,Phone:(202) comments,the 1-,'PA values public feedback
_..��_ ._ 5611---1386;L ttays-ltegs@ye?ra.gonr. and will gave careful.consideration to all input. ......... .____ _ _,._
SUPPLEMENTARY INFORMATION:On that itreceives. 111'A vvil'I also be condaact3ui?,
I ENTFebruary 24,.2017 President°Trump signed outreach on this samc topic.lnfonnatiou about
ENVExecutive Order 13777,` Entbreing the: opportunities for engagement with the agency
PROTECTIONAGENCY Regulatory Ref'ori n Agenda, which will be available on
established a federal policy"to alleviate Patti s:/7tt ruin. ppre.g rvJlccrss icy 7rlcrfaoras�
40 CF'R Chapters 1,IV,V,'Vl,and Vll unnecessary regulatory b'rtrdcns"otr the ragrrPcatcrry-r<fvrrn.
[EPA--HQ-OA-2017-0150;FRL- 9961-60- American people.Section 3(at)of the EO Dated:April 10,2017.
OP] directs federal agencies to establish a Samantha K.Dravis,
Reptrlatory lleTor'rrn Cask Fierce(Task I agrrtadnr,yddcfrrsrr Qficerand Associate
Force),One ofthe duties of tlnc Task Force i stcV)rrrrrtara�atar,ojjire say+"Policyr,
to evaluate existing regulations and"make lrrz Doe.201.7-07500 Filed+-m2-17;8.45 awl
recommendations to die agency head BILLING CODE 6560-50-'P
Unsu hero of rural America
Fred Kelly Grant instructs local officials how to beat environmental nannies
By Kathy Hoekstra _.Thursday, .April 13, 2017 The Washington Tines—Analysis/Opinion
regulations and the agencies that promulgate them,
While President Trump and Congress tackle federal
Fred felly Grant Is quietly doing the same -- anrcl �
succeeding -with the most powerful weapon you've
likely never heard of".
�w
It's called "coordination"--tucked into the National
Environmental Policy Act by Congress in 1976 the
provision requires federal agencies to coordinate with
local oCfrcianls before implementing new rules, so the
lntelltl(knS and fy2Cy�-ryyeCtatlo114 areConSnStG'11t at every level
N
r i
of government.
"Local policy and local plans are what drive the �kr,a'
economy," l°vl.r. Grant said. "Under the coordination
law,the agency doesn't just.come to the table and talk
and walk away. They have to try to reach consistency
with local government. That's the key to it and that's Illustration on the work of Fred Kelly Grant
why it works, and every other process doesn't." by Alexander Hunter/Tire Washington Tunes
Not even Mr. Trump can male a difference without local help, according to Mr. Grant.
"Anybody that thinks the president of the United States drives the economy is living in an Alice in.
Wonderland world. He doesn't. Ife can set the tone, but nothing, changes Groin the top. It all has to change
from the bcittonn," l'ejfr. Grant said. "And that's where local government, with coordination, could get the
agencies to the table with them and begiato make change." _.
Mr. Grant, a longtin-ie attorney who lives in Idaho, discovered the rule in the early 1990s during the Clinton
administration's "Cattle Free by `93" campaign to reduce grazing on federal lands. A rancher'friend asked him.
for help in fending oft the Bureau of Land Management's (f3Llvl) efforts to cant such grazing by 4S percent in
southwest Idaho's Owyhee County.
Considering around 76 percent of the county's S million acres are federally owned and. ranching is the primary
economic producer, the move would have put more than 100 of the county's 140 ranchers out ofbusiness.
"I said to nay friend, `f:f the federal government wants you oft their land, you're going to be part oft. There's
nothing l cant do.'
Mr. Grant heard about coordination at a conference on property rights, and looked it nip.
"I didn't know about it. 1 worked for two governors and 1 had never donne across it," Mr. Grant recalled. "As l
read it, 1 thought, `'Chis can't be. Congress didn't leave this loophole.' And the more 1 read, the more l realized
it was not a loophole. It was intended and had been used successfully by counties four tires in the past"
The BLM"had never coordinated vvith`county officials as required by federal law. So Mr. Grant told the
ranchers that with the statute,he could hold the feds at bay for two years—long enough for the BLM to find
another way to get cattle off federal land.
Mr. Grant was wrong.
"The ranchers are still there,they're still raising livestock,they're still all in business and we beat the BLM,"
he said. "We got rid of six different district managers because they broke the law. We got rid of two state
directors because they broke the law, and today managers of the BLM drive 140 miles round trip once a
month to sit down and meet with three county commissioners of Owyhee County, Idaho."
Since then, Mr. Grant has used coordination to beat back not only the BLM, but the Enviroiunental Protection
Agency, the U.S. Forest Service,the U.S. Fish and Wildlife Service, the Departments of Interior, Agriculture
and Homeland Security, and the Army Corps of Engineers.
He has also worked with the Americans Stewards of Liberty, which trains local governments in the
coordination process, helped persuade the American Legislative Exchange Council to adopt a model
coordination ordinance for local governments, and launched the Stand up and Fight Chub, which aims to
restore and protect the rights of rural Americans.
Now, he's taking on the Food and Drug Administration.
With Mr•. Grant's help,the village of Hartland, Wis., is using the coordination statute to.fight the Food and
Drug Administration's (FDA) 2016 tobacco rule that deems liquid nicotine products such as e-cigarettes as
tobacco products. The rule includes an expensive premarket approval process, which the vaping and e--
cigarette industry says will wipe out 99 percent of the nation's businesses.
Given that one of the town's biggest economic drivers is a vaping shop, the village adopted a resolution
calling for coordination with the FDA on the development and implementation of the rule.
At 83, Mr. Grant has no plans to slow down.
"Nat as long as I can stand and walk and talk. I'm tempted all the time t.o retire,"he said. "But I truly believe
in this nation and I think there are too few people who understand and believe in the core principle of the
federal republic, and if we close that, I believe we lose what snakes the Constitution the most perfect instrument
of government that's ever been created."
By using the federal government's statute to fight its own agencies to protect private property and
enterprise, Fred Kelly Grant is an unsung hero.
•Kathy Hoekstra is the national regulatory reporter for Watchdog ori
1-ittp://www.washingtontij-nes.coi-n/iiews/2017/apr/I 3/-fred-kelly-grant-sliows-rural-america-how-to-beat-e/
i
f
err
A,
d � 1
1 i
t
j
r,.
I �
i4
IM
IAS
k
r �
•..M � ': I ! M 'i.: � � en, A.. ~I ♦I N ti i M � pl • �� N
z
z; 1
a A � • .
16
N `■ . .AN ANN . IM I «r+- N Q1 1N" N
i