Rep. Crawford’s Statement on Biden’s Mass Amnesty Order

Washington, D.C. — Representative Rick Crawford (AR-01) released the following statement regarding President Biden’s plan to grant amnesty to hundreds of thousands of illegal immigrants. 

“With illegal immigration soaring under President Biden’s open-border policies, straining law enforcement, public services, and resulting in an increase in violent crime, the President has once again responded with a weak and fumbling executive order that only contributes to additional illegal immigration. Only days ago, a young girl, barely a teenager, was reportedly raped in broad daylight in a New York park by an illegal immigrant wielding a machete, and police in Maryland, using DNA evidence, arrested an illegal immigrant for the brutal murder of a mother of five who had been out for a casual jog. President Biden’s latest amnesty plan is a slap in the face to these victims and their families, as well as the millions of legal immigrants who wait patiently in their countries of origin for visas to be approved,” said Rep. Crawford.

Cotton: Biden Administration is delaying arms shipments to Israel to undermine our ally

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today sent a letter to President Joe Biden, criticizing the Biden administration for withholding weapons and ammunition from Israel as it continues to battle Hamas. Senator Cotton requested the administration provide a complete list of all weapons and ammunition Israel has requested, as well as explanations for the delays.

In part, Senator Cotton wrote:

“Your administration is engaged in bureaucratic sleight-of-hand to withhold this crucial aid to Israel during a shooting war. As you are aware, the Arms Export Control Act requires the administration to notify Congress before sending weapons to a foreign country. Your administration has manipulated this requirement by withholding this formal notification to Congress of approved weapons sales, including F-15s, tactical vehicles, 120-mm mortars, 120-mm tank rounds, joint direct attack munitions, and small diameter bombs. Your administration can then claim that the weapons are ‘in process’ while never delivering them.”

Full text of the letter may be found here and below.

   June 20, 2024

President Joseph R. Biden
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500                 

Dear President Biden:

I write regarding Israeli Prime Minister Benjamin Netanyahu’s public statement this week that your administration has been withholding weapons and ammunition from Israel and hampering its war effort against Hamas—a serious accusation from a trusted U.S. ally.

Your administration responded by claiming that aid is flowing normally, with one official asserting, “We genuinely do not know what he’s talking about.” You claim that the only hold or delay is on the 2,000-pound and 500-pound bombs you refused to deliver earlier this year. But you’re deliberately misleading the American people and insulting a key ally.

Your administration is engaged in bureaucratic sleight-of-hand to withhold this crucial aid to Israel during a shooting war. As you are aware, the Arms Export Control Act requires the administration to notify Congress before sending weapons to a foreign country. Your administration has manipulated this requirement by withholding this formal notification to Congress of approved weapons sales, including F-15s, tactical vehicles, 120-mm mortars, 120-mm tank rounds, joint direct attack munitions, and small diameter bombs. Your administration can then claim that the weapons are “in process” while never delivering them.

But the law also includes an exception for “when emergencies exist,” which allows you to waive the requirement for congressional review and expedite weapons sales. Your administration is obviously aware of this exception since you invoked it just last year. Yet, it appears that you stopped acknowledging the emergency in Israel after receiving a letter from nearly twenty congressional Democrats in January, urging you to end expedited weapons sales to Israel. Though your administration reportedly released a ship carrying at least some of these arms on Wednesday, that modest step doesn’t cure the damage done by the delay.

You’re playing politics with the nation’s honor and our ally’s security. Worse still, your administration lacks the honesty to communicate its true policy to the American people, instead preferring to hide behind weasel words and bureaucratic process.

Any delays to military support to Israel blatantly disregard Congress’s bipartisan mandate to supply Israel with all it needs to defeat the Hamas terrorists and other Iranian-backed groups. Our ally is under sustained threat, and we must use all available resources to expedite military aid. Please provide the following information no later than July 1, 2024:

1. What weapons and ammunition are being withheld from Israel? Include any weapons or ammunition delayed more than two weeks beyond their original delivery date.

2. Provide a list of all foreign military and direct commercial sales requested by Israel and the status of each request. Provide explanation for any delays.

3. Provide a list of any weapons or ammunition Israel has requested be expedited, the status of each request, and an explanation for that status.

4. What issues are hampering you from expediting the delivery of weapons and ammunition to Israel? What, if any, legislative relief is required to address those issues?

5. How much of the recent supplemental funding passed by Congress has your administration expended to deliver weapons and ammunition to Israel?

Thank you for your attention to this important matter.

Sincerely,

________________

Tom Cotton
United States Senator

Cotton: Protestors who deface statues must face mandatory minimums

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Saving Treasured Artifacts Through Uniform Enforcement (STATUE) Act, legislation that would impose mandatory minimum prison sentences for defacing statues on federal land. Senator Marsha Blackburn (R-Tennessee) is co-sponsoring the legislation.

Senator Cotton introduced the legislation after protestors damaged the area surrounding the White House, including painting pro-Hamas and antisemitic slogans on statues in Lafayette Square Park.

“Any protestor who defaces statues of America’s heroes must face the full extent of the law. As Joe Biden seeks to appease the pro-Hamas wing of the Democratic Party, it’s clear his administration won’t do anything to punish the protestors who defaced the area around the White House recently. The Senate should take up my legislation to punish these pro-Hamas lunatics,” said Senator Cotton.

Text of the legislation may be found here.

The STATUE Act would:

• Impose a minimum sentence of five years imprisonment and a $1,000 fine or a fine equal to the amount of damage to the property, whichever is greater.

• Amend the Veterans’ Memorial Preservation and Recognition Act so that it applies to all monuments or property under the jurisdiction of the federal government.

Low-income communities priority for Arkansas’ $93.6 million federal solar grant

KUAR | By Mary Hennigan / Arkansas Advocate

From the Arkansas Advocate:

A partnership between an Arkansas renewable energy nonprofit and a multi-state organization that helps economically disadvantaged communities will use nearly $94 million in federal funds to help low-income families acquire solar power.

Arkansas was one of many states chosen to receive the federal funds from the Environmental Protection Agency’s $7 billion Solar for All program, announced last month. The funds became available through the Biden administration’s Inflation Reduction Act.

The implementation of Arkansas’ funds will depend on a partnership between the Arkansas Advanced Energy Foundation of Little Rock (AAEF) and Hope Enterprise Corporation, an organization that aims to improve economically strained regions in Alabama, Arkansas, Louisiana, Mississippi and Tennessee.

Low-income communities priority for Arkansas’ $93.6 million federal solar grant

Cotton, Colleagues introduce bill to repeal Biden Administration’s Arms Embargo on Israel

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Israel Security Assistance Support Act, legislation that would force the Biden administration to send critical weapons to Israel. The bill comes after President Biden announced that his administration would withhold certain weapons from Israel if it conducted a full-scale ground invasion of Rafah in Gaza.

Senators John Barrasso (R-Wyoming), Katie Britt (R-Alabama), Ted Budd (R-North Carolina), Kevin Cramer (R-North Dakota), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Montana), Joni Ernst (R-Iowa), Deb Fischer (R-Nebraska), Lindsey Graham (R-South Carolina), Josh Hawley (R-Missouri), John Hoeven (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), John Kennedy (R-Louisiana), James Lankford (R-Oklahoma), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Pete Ricketts (R-Nebraska), Marco Rubio (R-Florida), Rick Scott (R-Florida), Dan Sullivan (R-Alaska), and Thom Tillis (R-North Carolina) are co-sponsors of the legislation. Congressman Ken Calvert (California-41) introduced companion legislation in the House.

“President Biden’s decision to impose a de facto arms embargo on Israel is a betrayal of one of our most important allies as it fights an existential war for survival. This bill will reverse Joe Biden’s arms embargo and withhold the salaries of officials who implement it,” said Senator Cotton.

“President Biden’s decision to withhold a portion of the Israel security aid just passed by an overwhelming and bipartisan majority of Congress projects the very weakness that has become a trademark of his presidency. If President Biden will not release these weapons, Congress must act to enforce the United States’ support for Israel in its efforts to eliminate Hamas. I thank Senator Cotton for his steadfast support for Israel and introduction of The Israel Security Assistance Support Act in the Senate,” said Congressman Calvert.

Bill text may be found here.

The Israel Security Assistance Support Act would:

• Force the Biden administration to complete the delivery of weapons to Israel.

• Cancel the salaries of any Biden administration official at the Department of Defense or Department of State who take any action to withhold the delivery of weapons to Israel.

Attorneys General Griffin and Bailey file Title IX suit on behalf of six states alongside Arkansas high school athlete

LITTLE ROCK – Attorney General Tim Griffin and Missouri Attorney General Andrew Bailey today issued the following statements after filing suit in the U.S. District Court for the Eastern District of Missouri on behalf of four other state attorneys general alongside an Arkansas high school athlete against the U.S. Department of Education over its new rule interpreting Title IX:

“The overwhelming majority of Americans see the Biden administration’s rule change for what it is: a ridiculous, nonsensical and illegal election-year move that few can comprehend or support. It’s outrageous.

“Congress enacted Title IX to protect and promote opportunities for women and girls in education and sports. For the last half century, that’s what it has done. But President Biden and his Department of Education now want to radically reinterpret Title IX and recast it as a rule about gender identity.

“The rule we’re challenging today requires schools and universities to allow men onto women and girls’ sports teams. It robs young female athletes of opportunities. It forces schools and universities to allow men into women and girls locker rooms, restrooms, and shower facilities. It compels teachers, administrators, and even fellow students to use an individual’s preferred pronouns. And it subjects anyone who disagrees with President Biden’s view of sex to investigation and possible sanction.

“That contravenes Title IX’s plain language, and it violates the Constitution. That’s why we’re challenging it, and it’s also why we’re confident the federal courts will set aside this unlawful regulation. I am proud to stand with my fellow attorneys general and one of my constituents against President Biden’s latest attempt to push forward by fiat what Congress never passed into law and to defend the laws we’ve passed in Arkansas to protect female athletes.”

Attorney General Bailey added:

“Joe Biden is once again exceeding his constitutional authority, this time to put a radical transgender ideology ahead of the safety of women and girls. As the father of a young daughter, I take this personally. The Biden Administration has threatened to hold federal funding hostage from any institution who rejects this unconstitutional and sexist rule. I’m filing suit because I will not allow federal bureaucrats to subject Missouri girls to unsafe conditions in order to push a radical transgender ideology.”

The suit, filed by the attorneys general of Arkansas, Missouri, Iowa, Nebraska, North Dakota, South Dakota, and an Arkansas high school athlete asks the court to stay the rule; grant a preliminary injunction preventing the rule’s implementation; enter a judgment that the Department of Education’s interpretation is unlawful; and vacate the rule.

The lawsuit can be read here.

AG sues over Biden Administration efforts to close ‘gun show loophole’

KUAR | By Daniel Breen

Arkansas’ attorney general is heading up a legal challenge to the Biden Administration’s attempt to close what’s known as the “gun show loophole.”

Attorney General Tim Griffin announced Wednesday he’s leading a coalition of 20 other state attorneys general in a lawsuit challenging a new rule proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The rule would require thousands more firearm dealers to obtain licenses and run background checks on potential buyers.

In a press conference Wednesday, Griffin said the Biden Administration overstepped its authority in making the rule.

AG sues over Biden Administration efforts to close ‘gun show loophole’

John Sykes/Arkansas Advocate

Efforts by the federal government to close the so-called “gun show loophole” are the target of a lawsuit by Arkansas Attorney General Tim Griffin.

Westerman statement on emergency supplemental security appropriations

WASHINGTON - Today, the U.S. House of Representatives voted to pass a series of bills providing supplemental appropriations to address U.S. national security threat and to provide funding for defense assistance to U.S. allies and for costs incurred by the U.S. military for regional support.

• H.R. 8038, the 21st Century Peace Through Strength Act, confronts several U.S. national security threats through substantive policy changes, including fentanyl trafficking, TikTok, Iranian-backed aggression, and more.

• H.R. 8036, the Indo-Pacific Security Supplemental Appropriations Act, supports Taiwan in its efforts to counter communist China and ensure a strong deterrence in the Indo-Pacific region.

• H.R. 8034, the Israel Security Supplemental Appropriations Act, supports Israel in its effort to defend against Iran and its proxies, and reimburses U.S. military operations in response to recent attacks.

• H.R. 8035, the Ukraine Security Supplemental Appropriations Act, replenishes U.S. military stockpiles to support Ukraine in its fight against Russia.

Congressman Bruce Westerman (AR-04) released the following statement:

“From a dismal Afghanistan withdrawal to a nonexistent southern border, the leadership failures of Joe Biden and his Administration are too numerous to list. As a result, the world is in turmoil and is looking to the U.S. for leadership. Today I voted to support our allies and replenish U.S. military stockpiles with weapons made by Arkansans in East Camden, protect Americans online by forcing the sale of TikTok, combat fentanyl trafficking, and stand up against the authoritarian aggression of China, Russia, and Iran.

“As Ronald Reagan said, during his remarks at the 40th anniversary of the D-Day invasion at Point Du Hoc, ‘We in America have learned bitter lessons from two world wars: It is better to be here ready to protect the peace, than to take blind shelter across the sea, rushing to respond only after freedom is lost. We’ve learned that isolationism never was and never will be an acceptable response to tyrannical governments with an expansionist intent.’

“The Biden Administration has put our national security, and that of our allies, at risk through appeasement. This package is not only about supporting our allies but is also critical to safeguarding our own national security.”

H.R. 8038, the 21st Century Peace Through Strength Act:

• Prevents app store availability or web hosting services in the U.S. for ByteDance-controlled applications, like TikTok, unless the application severs ties with entities that are subject to the control of a foreign adversary, like Communist China, Iran, North Korea, or Russia.

• Declares international fentanyl trafficking a national emergency and directs the Treasury Department to target, sanction, and block the financial assets of criminal organizations and drug cartels involved in fentanyl trafficking.

• Ensures that Putin pays for his brutal war of aggression.

• Makes it illegal for data brokers to sell personally identifiable data of Americans to North Korea, China, Russia, Iran, or entities controlled by any of these countries.

• Imposes sanctions on ports and refineries that receive and process Iranian oil.

• Fully enforces human rights sanctions on the Iranian regime.

• Disrupts the ability of Hamas to fund terrorism and makes it harder for state sponsors of terrorism to abuse International Monetary Fund resources to finance terrorist organizations.

• Click here for the full bill text of H.R. 8038.

H.R. 8036, the Indo-Pacific Security Supplemental Appropriations Act:

• Provides funding to continue efforts to counter communist China and ensure a strong deterrence in the Indo-Pacific region.

• Strengthens U.S. military capabilities in the Indo-Pacific region.

• Enhances the production and development of artillery and critical munitions.

• Replenish defense articles and defense services provided to Taiwan and regional partners.

• Click here for the full bill text of H.R. 8036.

H.R. 8034, the Israel Security Supplemental Appropriations Act:

• Provides funding to support Israel in its effort to defend itself against Iran and its proxies, and to reimburse U.S. military operations in response to recent attacks.

• Replenishes the Iron Dome and David’s Sling missile defense systems.

• Prohibits funds to the United Nations Relief and Works Agency (UNRWA).

• Supports current U.S. military operations in the region.

• Enhances the production and development of artillery and critical munitions.

• Click here for the full bill text of H.R. 8034.

H.R. 8035, the Ukraine Security Supplemental Appropriations Act:

• Provides funding to address the conflict in Ukraine and assist our regional partners as they counter Russia, much of which will be used for the replenishment of U.S. weapons, stocks, and facilities.

• Increases oversight and accountability of aid and equipment provided to Ukraine.

• Bolsters oversight through in-person monitoring requirements.

• Requires partners and allies to pay their fair share through cost-matching requirements.

• Mandates agreement on repayment for economic support by the government of Ukraine.

• Includes a loan structure, along with requirements for enhanced strategy and accountability, which is necessary to ensure that funding is provided for a clear, achievable purpose and not a waste of taxpayer dollars.

Click here for the full bill text of H.R. 8035.

House passes Westerman cosponsored bills to combat Iranian aggression

U.S. Congressman Bruce Westerman

Today, the U.S. House of Representatives voted to pass H.R. 6046 and H.R. 5947, legislation cosponsored by Congressman Bruce Westerman (AR-04) to comprehensively address the threat posed by Iran. Westerman released the following statement in support of the bills:

“Iran is one of the world’s foremost sponsors of terrorism. The Obama Administration set an unruly precedent of appeasing Iran that the Biden Administration has compounded. This weakness has emboldened Iran to continue launching unjustified attacks against Israel, our greatest ally in the Middle East, just as we saw this past weekend. House Republicans acted swiftly this week with a slate of bills to stand with Israel and respond to Iran’s unprecedented attacks. I was proud to support these measures to further block Iran’s ability to continue financing these heinous attacks.”

BACKGROUND:
In 2021, the Biden Administration wrongfully removed the Iran-backed Houthis’ designation as a Foreign Terrorist Organization (FTO) and Specially Designated Global Terrorist (SDGT). Since then, the Houthis have increased their terrorist activities, including their ongoing missile and drone attacks against global shipping.

• H.R.  6046 would mandate the reimposition of the FTO and SDGT designations on the Houthis.

Since President Biden took office, the Biden Administration has used certain waivers and licenses related to Iran to transfer $6 billion in Iranian funds to restricted accounts in Qatar and $10 billion in payments from Iraq. The Iranian regime is highly skilled in evasion, cutting corners, and blurring lines to hide the true use of these funds, and the Biden Administration is compliant and complicit in these efforts. Any funding to Iran, even if nominally in a restricted account, frees up more money for Iran to use on malign activities. Iran is too potent a threat to the United States and our partners to allow these waivers to exist any longer.

• H.R. 5947 would eliminate any of these sanction waivers and licenses related to Iran.

Boozman, McConnell, colleagues push back on EPA’s regulatory overkill

WASHINGTON – U.S. Senator John Boozman (R-AR) joined Republican Leader Mitch McConnell (R-KY) in introducing legislation to block the Environmental Protection Agency (EPA) from enforcing a new rule tightening fine particulate matter (PM2.5) standards, which would further halt the growth of America’s manufacturing industry. Boozman, McConnell and 44 other Senate Republicans have filed a Congressional Review Act (CRA) resolution to prevent the EPA from implementing this new mandate. 

The Biden administration’s EPA is tightening PM2.5 emissions for the first time in a decade, despite its own data reporting that concentrations have fallen by over 40 percent since 2000. Additionally, the vast majority of PM2.5 emissions come from sources like wildfires and dust from agriculture and roads that are not easily contained and – in some cases – impossible to control.

“Under this administration, the EPA has yet to find a burdensome regulation it didn’t embrace. Crippling the economy in countless rural communities despite evidence that current standards are delivering on cleaner air is absurd, will cost Americans’ jobs and drive up costs. I’m proud to join Leader McConnell and our colleagues to prevent this regulatory overkill from taking effect,” Boozman said.

“The Biden administration rolled out yet another job-killing mandate that would impose more unilateral economic pain at home. This one goes well beyond the regulatory standards of most European allies, let alone our top strategic competitor, China. The EPA’s new standard is so strict that upon its effect, 30 percent of U.S. counties, including many in my home state of Kentucky, would immediately find themselves out of compliance, grounding manufacturing growth to a halt. In order to keep up with President Biden’s new mandate, American manufacturers would be forced to import raw materials, like concrete and steel, for virtually any construction project. The kind of projects that grow our economy and supply good-paying jobs,” said McConnell.

Wildfires, road dust and other hard to control non-point sources now make up 84 percent of particulate matter, leaving states few options when trying to comply with EPA’s needlessly stringent new standards. Nearly 20 percent of counties in the U.S. could fail to meet the standard, resulting in permitting gridlock that threatens new infrastructure projects, expanded manufacturing and the economic growth that creates well-paying jobs. On top of that, counties with particulate matter levels just below the standards would also face restrictions on development. That’s why the U.S. Chamber supports Leader McConnell’s Congressional Review Act resolution of disapproval,” said Chad Whiteman, Vice President of Environmental and Regulatory Affairs of the U.S. Chamber of Commerce.

Boozman, a member of the Senate Environment and Public Works Committee, and other senators wrote EPA Administrator Michael Regan to urge the agency to rescind the proposed rule last September.

A CRA resolution is a tool used by Congress to eliminate onerous regulations imposed by the executive branch through an expedited procedure for consideration in the Senate. A joint resolution of disapproval under the CRA is afforded special privileges that bypass normal Senate rules and allow for a vote on the Senate floor. When a CRA resolution is approved by a simple majority in both chambers of Congress and signed by the president—or if Congress successfully overrides a presidential veto—the rule is invalidated.

Joining Boozman and McConnell on the CRA resolution are Senators John Barrasso (R-WY), Marsha Blackburn (R-TN), Mike Braun (R-IN), Katie Britt (R-AL), Tedd Budd (R-NC), Shelley Moore Capito (R-WV), Bill Cassidy, M.D. (R-LA), Susan Collins (R-ME), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Bill Hagerty (R-TN), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Ron Johnson (R-WI), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Jerry Moran (R-KS), Markwayne Mullin (R-OK), Lisa Murkowski (R-AK), Rand Paul (R-KY), Pete Ricketts (R-NE), Jim Risch (R-ID), Mitt Romney (R-UT), Mike Rounds (R-SD), Eric Schmitt (R-MO), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Thom Tillis (R-NC), Tommy Tuberville (R-AL), Roger Wicker (R-MS) and Todd Young (R-IN).

Click here for text of the CRA resolution.

Boozman, Cotton, Hyde-Smith Hail Victory for U.S. Catfish Producers as Commerce Dept. Reverses Decision Favoring Imports from Vietnam

WASHINGTON – U.S. Senators John Boozman (R-AR) and Tom Cotton (R-AR) joined Senator Cindy Hyde-Smith (R-MS) in claiming victory for U.S. farm-raised catfish producers and processors following the U.S. Department of Commerce’s announcement reversing a preliminary decision that would have greatly reduced anti-dumping duties on imported catfish from companies controlled by the Communist Party of Vietnam.

The Commerce Department backpedaled after Boozman, Cotton, Hyde-Smith and their colleagues as well as stakeholders raised concerns that the U.S. farm-raised catfish industry would be devastated if it didn’t reverse the preliminary decision pertaining to the administrative review of the anti-dumping duty order on U.S imports of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam. 

“Catfish producers in Arkansas and their neighbors are committed to providing the fresh, nutritious and quality supply that ends up on tables around our country, but their ability to continue doing so would have been devastated if this decision had been finalized. They deserve a level playing field, and I’m pleased we have helped keep them from being undercut by an inferior and heavily subsidized product,” Boozman, who serves as ranking member of the Senate Agriculture Committee, said. 

“This reversal is a welcome decision, and I’m proud to have worked with Senator Hyde-Smith, Senator Boozman, and our Republican colleagues to protect Arkansas’s catfish farmers and consumers across the country,” Cotton said. 

“The Commerce Department actually heeded our warnings and the rescission of this review is a clear victory for the U.S. catfish industry, which is so important to Mississippi and other rural states. It’s also a victory for American consumers, who will not be put at risk from tainted imported catfish,” Hyde-Smith said. 

A Federal Register notice published on Thursday indicated the Biden administration is abandoning its preliminary decision, which would have reduced the non-market economy anti-dumping duty from $2.39/kg to $0.14/kg for all producers controlled by the Socialist Republic of Vietnam. 

In January, Boozman, Cotton and Hyde-Smith led a letter to Commerce Secretary Gina Raimondo that requested her agency abandon plans to significantly reduce the duties on Vietnamese catfish imports, arguing it would also set a precedent for the approximately 250 non-market economy proceedings involving communist governments. The letter was also signed by Sens. Roger Wicker (R-MS), Bill Cassidy, M.D. (R-LA), John Kennedy (R-LA), Tommy Tuberville (R-AL) and Katie Britt (R-AL).

Arkansas ranks as the third-largest catfish-producing state. Boozman and Cotton have championed the industry’s interests on multiple occasions, including previously leading a bicameral coalition that secured approval of a Section 32 purchase of up to $42 million of catfish products by the U.S. Department of Agriculture for distribution to various food nutrition assistance programs, including charitable institutions.

Westerman statement on EPA's latest industry killing standards

WASHINGTON - Last night, the Environmental Protection Agency (EPA) announced new National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5) that will have major implications on the U.S. economy. Congressman Bruce Westerman (AR-04) released the following statement:

“These new industry killing standards on fine particulate matter have the potential to jeopardize millions of jobs nationwide and threaten billions in economic activity, and it will be devastating for the forest products industry, which is vital to Arkansas’ 4th Congressional District. Improving air quality and being good stewards of the environment is a top priority of agriculturalists and forest products manufacturers. This latest radical decision by the EPA was not made with the best interests of our environment in mind, and only puts these critical industries at risk. I’m calling on the EPA to consider the ramifications of this action and rescind these onerous standards immediately.”

BACKGROUND

• Last night’s decision by the Biden Administration, which lacks scientific evidence, could result in a loss of billions of dollars in annual economic activity and risk over 300,000 manufacturing jobs.

• This announcement comes two years before the existing PM2.5 NAAQS would begin a new, exhaustive review by expert scientific advisors under the Clean Air Act’s statuary process.

• The new PM2.5 NAAQS break down the standards even further, jeopardizing our economic, employment, development, and manufacturing capabilities and opportunities nationwide.

• In October 2023, Congressman Westerman sent a letter, alongside 70 Republican Members, urging the EPA to withdraw the costly and unnecessary proposal and review the PM2.5 NAAQS under the Clean Air Act’s regular review cycle. Congressman Westerman has not received a response to that letter.

• On January 30, 2024, Congressman Westerman sent a follow up letter to EPA Administrator Michael Regan urging the agency to halt its release of the finalized update.

Click here to view the rule summary from the EPA.

Boozman, Crapo Urge Biden Administration to Withdraw EV Mandate

WASHINGTON - U.S. Senators John Boozman (R-AR), Mike Crapo (R-ID) and Ted Cruz (R-TX) led a bicameral group of 120 members of Congress in sending a letter to U.S. National Highway Traffic Safety Administration (NHTSA) Deputy Administrator Sophie Shulman calling for the withdrawal of the Biden administration’s proposed Corporate Average Fuel Economy (CAFE) standards for passenger cars and light-duty trucks. The proposed standards, which would require automakers to more than double average fleet-wide fuel economy in less than 10 years, do not comply with federal law, and would effectively mandate the mass production of electric vehicles (EVs) and a phase out of gas-powered cars and trucks.  

“We write to express our deep concern with the National Highway Traffic Safety Administration’s proposed Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks, which represent yet another attempt by this administration to use the rulemaking process to impose its climate agenda on American families,” the lawmakers wrote. “NHTSA’s proposed standards, when coupled with the Environmental Protection Agency’s (EPA) distinct, extreme tailpipe emissions proposal, amount to a de facto mandate for electric vehicles (EVs) that threatens to raise costs and restrict consumer choice, harm U.S. businesses, degrade our energy and national security and hand the keys of our automotive industry over to our adversaries, especially China.”

“The proposal issued in July is mere virtue signaling for this administration’s extreme climate agenda, but it would actually have only limited impact on emissions while strengthening foreign adversaries and harming American workers and consumers,” the lawmakers concluded. “We strongly urge NHTSA to drop its attempt at central planning and instead put forth a workable proposal that complies with the law and better serves the American people.”

Click here to read the full letter.

The letter was also signed by Senator Tom Cotton (R-AR) and Congressman Rick Crawford (R-AR).

The lawmakers’ outcry accompanied other elected officials’ pushing back against the EV mandate. Arkansas Governor Sarah Huckabee Sanders joined a group of governors in sending a letter earlier this week to President Biden demanding he scale back the directive.

Industry leaders agree this action will prevent Americans from deciding what vehicles best fit their needs.

“The Biden administration is overseeing a whole-of-government campaign to effectively ban new gas, diesel and flex fuel vehicles,” said President and CEO of the American Fuel & Petrochemical Manufacturers (AFPM) Chet Thompson. “This agenda is bad for American families, bad for our economy and indefensible from a national security perspective. And what’s even more glaring is that both EPA and NHTSA—the agencies spearheading President Biden’s forced electrification agenda—do not have Congressional authorization to regulate internal combustion engine vehicles out of the market. AFPM supports efforts to reduce the carbon intensity of transportation and improve vehicle performance and efficiency for consumers. And unlike the Biden administration’s CAFE proposal, we believe successful, consumer-first policies must encourage real competition among all technologies and powertrains, including American-made, American-grown fuels.

“NHTSA’s proposal, combined with EPA’s proposed tailpipe emissions standards, would result in a de facto ban on the sale of new vehicles using gasoline and other liquid fuels,” said API Executive Vice President & Chief Advocacy Officer Amanda Eversole. “These rules will hurt consumers through potentially higher costs, fewer options and increased reliance on unstable foreign supply chains. 

Boozman is a cosponsor of the Choice in Automobile Retail Sales (CARS) Act to counter the Biden administration’s radical environmental agenda and executive overreach by preventing the implementation of a proposed rule and other regulations that seek to limit consumer vehicle choice. 

Boozman, Cotton Fight to Protect Arkansas Catfish Farmers, Stop Flood of Vietnamese Imports

Warn Biden Administration Against Adopting Anti-Dumping Order Giving Unprecedented Blanket Relief to All Vietnam Producers

WASHINGTON – U.S. Senators John Boozman (R-AR) and Tom Cotton (R-AR) joined Senator Cindy Hyde-Smith (R-MS) in warning the Biden administration of the disastrous economic outlook for U.S. catfish farmers and processers if it adopts a preliminary decision to significantly reduce anti-dumping duties on imported catfish from Vietnam. 

U.S. Senator John Boozman

In a letter to Commerce Secretary Gina Raimondo, the senators urged a reversal of a preliminary decision that abandons decades of precedent on an anti-dumping duty order that has helped establish a level playing field for the U.S. farm-raised catfish industry. Arkansas ranks as the third-largest catfish producing state.  

Should the preliminary decision become final, the non-market economy (NME) anti-dumping duty could be reduced from $2.39/kg to $0.14/kg for all producers controlled by the Communist Party of Vietnam (CPV).

“In the instant Frozen Fish Fillets proceeding, the NME-wide rate has been $2.39/kg for many years, and it has been an effective deterrent,” the senators wrote. “It now defies logic that the Commerce Department is proposing to reduce the $2.39/kg rate to $0.14/kg, and assign this low rate to all Vietnamese producers/exporters that have, to date, failed to participate in the proceeding and/or failed to establish independence from the CPV.” 

“Commerce’s approach here will incentivize hundreds of non-participating/CPV-controlled companies – i.e., those with likely higher anti-dumping duty rates – to flood the U.S. market with cheap, dumped imports without the discipline of an effective remedy. Under no circumstance should non-participating/CPV-controlled companies benefit from the same low rate assigned to participating companies that are independent from CPV control—without exception,” the senators wrote.

The lawmakers advocated retaining an existing anti-dumping duty order that treats exporters from NME countries like Vietnam based on the level of demonstrated independence from CPV control, with those most under the thrall of the CPV assessed the higher rate. A blanket assessment of the lower rate would, the senators argue, also set a troubling precedent for the approximately 250 NME proceedings involving communist governments before the Commerce Department.

“Commerce’s decision, if not reversed, will upend decades of agency precedent and weaken the trade relief granted to domestic industries. It will cause a flood of unfairly priced imports from NME countries like Vietnam, China, and Russia into the United States which will irreparably harm American industries,” the senators wrote.

“The U.S. farm-raised catfish industry remains a pillar industry in rural communities across our states. U.S. farm-raised catfish farmers and processors work day in and day out to provide a source of wholesome, unadulterated protein to the public, in addition to providing good-paying American jobs. This industry deserves a level playing field. We thus strongly urge Commerce to reverse its decision and rebalance the playing field for our constituents and workers across the United States,” the senators concluded. 

In addition to Boozman, Cotton and Hyde-Smith, the letter was signed by Senators Roger Wicker (R-MS), Bill Cassidy, M.D. (R-LA), John Kennedy (R-LA), Tommy Tuberville (AL) and Katie Britt (R-AL).

EPA issues post-Sackett WOTUS rule, removes numerous waterways from Clean Water Act regulation

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

Brigit Rollins, staff attorney for the National Agricultural Law Center, says that numerous bodies of water previously identified as WOTUS will no longer have that classification (Division of Agriculture file photo)

FAYETTEVILLE, Ark. — The highly anticipated new waters of the United States, or WOTUS, rule released Tuesday by the Environmental Protection Agency will remove scores of water bodies from regulation under the Clean Water Act.

Absent from the new rule is the “significant nexus”  test which had been part of WOTUS since the 2006 Supreme Court decision Rapanos vs. U.S. In that decision, Justice Anthony Kennedy wrote that wetlands should be included in the definition of WOTUS if they shared “significant nexus” with a water already identified as a WOTUS.

The EPA’s new WOTUS rule follows the May 25 U.S. Supreme Court decision in Sackett v. EPA. In that case, the high court narrowed the definition of WOTUS to include open, flowing bodies of water such as streams, rivers, lakes, and the ocean, along with those wetlands that share a continuous surface connection with such bodies of water.

Prior to the Sackett decision, WOTUS included adjacent wetlands, defining “adjacent” as “bordering, contiguous, or neighboring.” In its updated rule, EPA redefined '”adjacent” as “having a continuous surface connection,” bringing it in line with the Sackett decision.

“The effects of EPA’s WOTUS decision will definitely be felt by ag producers, especially when it comes to wetlands,” Brigit Rollins, staff attorney for the National Agricultural Law Center, said.

The new WOTUS rule reduces the number of waters and wetlands that would require a permit for point source pollution. 

“After the decision in Sackett, naturally the EPA was going to take another look at its definition of WOTUS,” Brigit Rollins said. With “significant nexus” gone, “now only wetlands that share an unbroken or continuous surface water connection with water already identified as WOTUS are included.”

This means that numerous bodies of water that previously would have been considered WOTUS will no longer have that classification.

“EPA is saying that wetlands which would share a surface water connection with a WOTUS but no longer have that connection due to manmade barriers such as levies, dikes or sand dunes will not be included in the WOTUS definition,” Rollins said.

Pre-Sackett WOTUS

After the Biden Administration’s March 2023 WOTUS rule went into effect, courts enjoined it in 28 states. There are three lawsuits outstanding regarding the 2023 rule: Texas v. EPA, West Virginia v. EPA, and Kentucky v. EPA. With EPA’s final decision now out, the lawsuits are paused, and their future uncertain.

“It’s hard to say what will happen with those,” Rollins said. “We probably won’t know the outcome for a couple more weeks. Those lawsuits may be dropped, or those involved may go on and litigate.”

Rollins, who focuses on environmental law in her research, has been providing timely updates on WOTUS through 2023, both online and via webinar.

On Nov. 15, Rollins will continue the discussion of WOTUS in her next NALC webinar, “What’s Up with WOTUS: Post-Sackett and Beyond.” The third installment in Rollins’ series will cover subsequent events following the Sackett decision and long-term effects of the ruling. Registration is online. Recording of the first and second installment in the series are also available online.

Why WOTUS matters

WOTUS is a critical component of the Clean Water Act. The CWA was established by Congress in 1972 with the goal of improving the country’s water quality. To achieve that goal, certain bodies of water are declared as WOTUS under the CWA, granting them protections.

“The WOTUS definition has been the subject of considerable debate over the years, but 2023 has been a considerably busy year for all things WOTUS,” Rollins said.

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on Twitter. The National Agricultural Law Center is also on Facebook and LinkedIn.

For updates on agricultural law and policy developments, subscribe free of charge to The Feed, the NALC’s newsletter highlighting recent legal developments facing agriculture, which issues twice a month.

About the National Agricultural Law Center

The National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, state and federal policymakers, Congressional staffers, attorneys, land grant universities, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.

The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.

Arkansas to receive $1 billion from Biden administration for high-speed internet

by Talk Business & Politics staff (staff2@talkbusiness.net)

The U.S. Department of Commerce released details Monday (June 26) of a $42.45 billion high-speed internet grant program and Arkansas will receive more than $1 billion as a result.

The “Internet for All” initiative is a component of Biden’s “Investing in America” infrastructure agenda.

Arkansas will receive $1,024,303,993.86 through the program. The state must submit a proposal describing how it will run its grant program within 180 days from June 30, 2023.

https://talkbusiness.net/2023/06/arkansas-to-receive-1-billion-from-biden-administration-for-high-speed-internet/

Arkansas files suit after EPA rejects ozone plan

KUAR | By Steve Brawner / Talk Business & Politics

The state of Arkansas has filed suit against the Biden administration’s Environmental Protection Agency after the EPA rejected Arkansas’ submission for complying with a rule pertaining to ozone emissions affecting other states.

The lawsuit was announced Thursday (Feb. 16) by Gov. Sarah Huckabee Sanders and Attorney General Tim Griffin.

The EPA’s disapproval was published in the Federal Register on Feb. 13. The agency disapproved State Implementation Plan (SIP) submissions for 19 states for the 2015 rule regarding ozone national ambient air quality standards. State plans for Tennessee and Wyoming were partially disapproved.

https://www.ualrpublicradio.org/local-regional-news/2023-02-17/arkansas-files-suit-after-epa-rejects-ozone-plan

Wil Chandler/Arkansas Business

The White Bluff coal-fired power plant in Redfield, Ark. is seen in this file photo.

Rutledge joins coalition opposing DOT's Highway Emission Rule

LITTLE ROCK— Attorney General Leslie Rutledge joined a 20-state coalition in filing comments before the Biden administration’s Department of Transportation (DOT) to push back against a rule proposal requiring all fifty states, Puerto Rico and the District of Columbia to reduce on-road CO2 emissions to net-zero by 2050. The coalition of attorneys general argues that Congress has not given the DOT authority to regulate greenhouse gas emissions.

“This proposed rule shows that the Biden Administration once again has demonstrated its lack of regard for the separation of powers,” said Attorney General Leslie Rutledge. “The Biden Administration does not have the authority to require states to implement federal regulatory programs.”

Attorney General Rutledge and the coalition noted their concerns that DOT’s Federal Highway Administration (FHWA) overstepped its legal authority by proposing this measure. The coalition writes, “Given the Supreme Court recently made clear in West Virginia v. EPA that even the EPA cannot use its existing authority to take unprecedented and unauthorized actions to address climate change, such action is clearly beyond the authority Congress has given FHWA.”

The coalition also makes clear that the proposed measure violates the principles of federalism by requiring states to implement a federal regulatory program. The attorneys general note that the Supreme Court has said that “the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day.”

Further, the attorneys general note that FHWA issued a similar rule, which was repealed after the agency determined that the measure may duplicate “existing efforts in some States” and imposed “unnecessary burdens on State DOTs and MPOs [metropolitan planning organizations] that were not contemplated by Congress.”

Attorney General Rutledge was joined by the attorneys general of Alabama, Alaska, Florida, Georgia, Indiana, Kansas, Kentucky,  Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming.

Read the coalition’s comments here.