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“PETITIONS AND MEMORIALS” published by the Congressional Record in the Senate section on May 2

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LETTER TO THE EDITOR

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Volume 169, No. 74 covering the 1st Session of the 118th Congress (2023 - 2024) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“PETITIONS AND MEMORIALS” mentioning the Environmental Protection Agency was published in the in the Senate section section on pages S1461-S1463 on May 2.

More than half of the Agency's employees are engineers, scientists and protection specialists. The Climate Reality Project, a global climate activist organization, accused Agency leadership in the last five years of undermining its main mission.

The publication is reproduced in full below:

PETITIONS AND MEMORIALS

The following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated:

POM-16. A joint memorial adopted by the Legislature of the State of Idaho opposing the EPA-proposed rules that circumvent science and invalidate Idaho's water quality standards based on the flawed and elusive premise of 19th century water quality standards for Idaho waters in 2023; to the Committee on Environment and Public Works.

House Joint Memorial No. 4

Whereas, Idaho submitted new and revised Human Health Water Quality Criteria (HHWQC) rules (docket number 58-0102-1201) to the United States Environmental Protection Agency (EPA) on December 16, 2016, after years of extensive engagement with stakeholders, data collection, and final approval of the Idaho Legislature; and

Whereas, on April 4, 2019, the EPA approved Idaho's new HHWQC for toxics and other water quality standards criteria; and

Whereas, Idaho is the only state in the union to complete a comprehensive longitudinal study funded by the state to determine the actual fish consumption rate (FCR) of its citizens, which was conducted by Boise State University; and

Whereas, Idaho acted in accordance with the United States Clean Water Act in utilizing the best available scientific data to apply a FCR within the water quality formula to establish its HHWQC as part of its overall water quality standards (WQS); and

Whereas, the EPA recently published new proposed nationwide regulations (at 87 Fed Reg. 74361 (December 5, 2022)) that would effectively establish an unrealistic and unattainable WQS for state waters that are not based on actual FCR but on Indian treaties approved in the l9th century; and

Whereas, the federal regulation notice completely ignores the requirement of Executive Order 13132 for Federalism implications, instead stating that the rule will not have substantial direct effects on the states, on the relationship between the federal government and the states, or on the distribution of power and responsibilities among levels of government; and

Whereas, the federal regulation notice economic analysis states that there will potentially be only incremental administrative burdens and costs, but it does not establish any requirements for regulated entities. However, it could lead to additional compliance costs with new permit limits, which the EPA is unable to provide cost estimates for; and

Whereas, it is clear that the EPA-proposed rules will circumvent and undo the scientifically established WQS in Idaho, require the establishment of unattainable standards in an effort to take control of Idaho's waters in violation of the Clean Water Act's directive that states retain primary responsibility to control pollution and develop land and water resources for state waters, and violate the long- established principle of federalism. Now, therefore, be it

Resolved, By the members of the First Regular Session of the Sixty-seventh Idaho Legislature, the House of Representatives and the Senate concurring therein, that the people of the State of Idaho oppose the EPA-proposed rules that circumvent science and invalidate Idaho's WQS based on the flawed and elusive premise of 19th century water quality standards for Idaho waters in 2023. Idaho will defend its scientifically based standards in court if necessary; and be it further

Resolved, That the Chief Clerk of the House of Representatives be, and she is hereby authorized and directed to forward a copy of this Memorial to the President of the Senate and the Speaker of the House of Representatives of Congress, to the congressional delegation representing the State of Idaho in the Congress of the United States, to the Governor of the State of Idaho, and to the Attorney General of the State of Idaho.

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POM-17. A resolution adopted by the House of Representatives of the State of North Carolina urging the United States Congress to work more closely with Japan on trade issues and foreign investment, expressing support to the United States Congress for the United States-Japan alliance and remorse the slaying of former Japanese Prime Minister Abe Shinzo, celebrating one hundred thirty years of friendship between North Carolina and Japan, and reaffirming the bonds of friendship and cooperation between the state of North Carolina and state of Japan in the Reiwa era; to the Committee on Foreign Relations.

House Resolution No. 352

Whereas, North Carolina and Japan have enjoyed 130 years of friendly relations since Japan sent its first student nationals, Mogi Shinzaburo, to attend the University of North Carolina at Chapel Hill in 1893, and Sugishita Teisaku, to attend North Carolina State University (then ``North Carolina State College'') in 1894; and

Whereas, Japan is North Carolina's second-largest foreign investor, with nearly $5 billion invested by Japanese companies in North Carolina's economy to date and nearly $7 billion in investment announced since 2018; and

Whereas, more large companies investing in North Carolina come from Japan than any other foreign nation; and

Whereas, Japan employs over 24,000 North Carolina workers, or roughly 10% of all North Carolina workers employed by foreign companies, with over 5,000 additional jobs announced by Japanese companies since 2018; and

Whereas, trade with Japan annually accounts for nearly $4 billion in economic activity for the State of North Carolina; and

Whereas, Japan and the United States have been close allies since 1952, safeguarding peace in the Pacific; and

Whereas, the post-war order of which both the United States and Japan have been resolute defenders and beneficiaries, an order which rests soundly on democracy and friendly trade, faces subversion by rogue actors and disaffected nations; and

Whereas, Japan is a vibrant, wealthy democracy and a model for democracies throughout Asia; and

Whereas, Abe Shinzo was a stalwart friend of the United States, an adamant supporter of the US-Japan alliance, and a leading voice for stability and cooperation in the Indo- Pacific region; and

Whereas, Abe Shinzo was the longest-serving prime minister in Japan's history, who worked alongside four Presidents of the United States--George Bush, Barack Obama, Donald Trump, and then-Vice President Joe Biden--on trade relations, peace, and security in Asia; and

Whereas, Abe Shinzo was assassinated in Japan on July 8, 2022, while campaigning in the oldest democracy in Asia; and

Whereas, the use of violence, whether by foreign nations or rogue actors, to attack democratically elected officials and disrupt international peace is profoundly evil; and

Whereas, North Carolina remains committed to its friendship with Japan and to the US-Japan alliance and peaceful trade between the nations; Now, therefore,

Be it resolved by the House of Representatives:

Section 1. The House of Representatives recognizes the historic significance of the friendship and alliance between the United States and Japan.

Section 2. The House of Representatives commends the people of Japan for their incredible achievements over 75 years of peaceful friendship with the United States, in building the oldest democratic system in Asia and the second-largest democratic economy in the world, and for serving as a valuable pillar of stability in Asia and for world peace.

Section 3. The House of Representatives applauds Japan for its continued commitment as a friend and economic partner to the State of North Carolina.

Section 4. The House of Representatives expresses profound grief over the death of former Prime Minister of Japan, Abe Shinzo, and condemns his killing as an attack on Japan's democracy and on its unparalleled friendship with the United States.

Section 5. The House of Representatives affirms the continuing friendship and cooperation between Japan and the State of North Carolina and expresses heartfelt optimism for deeper ties between the people of Japan and the people of North Carolina.

Section 6. The House of Representatives urges Congress to work more closely with the nation of Japan on mutually beneficial trade relations to encourage the reciprocal flow of foreign direct investment and participation of Japanese and American companies in the economy of both the United States and Japan, respectively.

Section 7. The House of Representatives expresses to Congress its full support of the 70 year old alliance between the United States of America and Japan, which has served as a pillar of stability and security in the Indo-Pacific throughout the Cold War to the current day.

Section 8. The House of Representatives urges Congress to recognize the strategic importance of the Indo-Pacific region to the economies of the United States and North Carolina and the necessity of a Free and Open Indo-Pacific to safeguard the sanctity of friendly trade and international law.

Section 9. The Principal Clerk shall transfer a printed copy of this resolution to a committee designated by the North Carolina Legislative Caucus on Economic Development and Foreign Trade to be hand-delivered to a representative of Japan in a ceremony in Raleigh.

Section 10. If the committee referenced in Section 9 of this act is unable to hand-deliver this resolution in the manner described above by March 31, 2023, the Principal Clerk shall transmit a copy of this resolution to the Embassy of Japan in Washington, D.C., and the Consulate-General of Japan in Atlanta, Georgia.

Section 11. The Principal Clerk shall transmit copies of this resolution to each member of North Carolina's Congressional Delegation, to the Clerk of the United States House of Representatives and the Secretary of the United States Senate, and to the President of the United States.

Section 12. This resolution is effective upon adoption.

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POM-18. A joint memorial adopted by the Legislature of the State of Idaho calling on the United States Congress to restrict the jurisdiction of the federal courts from hearing cases regarding state legislative authority to legislate on the abortion issue; to the Committee on the Judiciary.

House Joint Memorial No. 2

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho assembled in the First Regular Session of the Sixty-seventh Idaho Legislature, do hereby respectfully represent that:

Whereas, in 1973 the United States Supreme Court decided the case Roe v. Wade, 410 U.S. 113 (1973), wherein the United States Supreme Court found in the Constitution a ``right to privacy'' that the Court alleged gave women a constitutional right to abortion; and

Whereas, since the Roe v. Wade decision of 1973, ``Roe certainly did not succeed in ending the division on the issue of abortion. On the contrary, Roe `inflamed' a national issue that has remained bitterly divisive for the past half century.'' Dobbs v. Jackson Women's Health Organization, 597 U.S. __, 68 (2022); and

Whereas, the Roe v. Wade decision ``short-circuited the democratic process by closing it to the large number of Americans who dissented in any respect from Roe. `Roe fanned into life an issue that has inflamed our national politics .

. .' Together, Roe and Casey represent an error that cannot be allowed to stand.'' Dobbs, at 44; and

Whereas, on June 24, 2022, the United States Supreme Court decided the case of Dobbs v. Jackson Women's Health Organization where the Court said in part that ``procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution's text or in our Nation's history. It follows that the States may regulate abortion for legitimate reasons, and when such regulations are challenged under the Constitution, courts cannot

`substitute their social and economic beliefs for the judgment of legislative bodies.' '' Dobbs, at 77; and

Whereas, the Supreme Court also found in Dobbs, ``The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority of the people and their elected Representatives.'' Dobbs, at 79; and

Whereas, the Supreme Court also stated in Dobbs, ``Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office.'' Dobbs, at 65; and

Whereas, the inferior federal courts are the creation of Congress, and the Constitution gives Congress the power to limit the jurisdiction of the lower federal courts.

``Congress may confer jurisdiction upon such courts as it creates. Only the jurisdiction of the Supreme Court is derived directly from the Constitution. Every other court created by the general government derives its jurisdiction wholly from the authority of Congress. That body may give, withhold or restrict such jurisdiction at its discretion.'' Kline v. Burke Construction Co., 260 U.S. 226, 234 (1922); and

Whereas, there have been cases filed, and there are expected to be additional cases filed, in federal courts concerning the Dobbs decision that have the effect of delaying the implementation of the Supreme Court's Dobbs ruling. Post Dobbs, abortion is now a state matter for the states to decide and regulate; now, therefore, be it

Resolved, By the members of the First Regular Session of the Sixty-seventh Idaho Legislature, the House of Representatives and the Senate concurring therein, that the Legislature of the State of Idaho, both the House of Representatives and the Senate, call on Congress to restrict the jurisdiction of the federal courts from hearing cases regarding state legislative authority to legislate on the abortion issue; and be it further

Resolved, That the Dobbs decision settled the issue that abortion cases appropriately belong in the courts of the several states; be it further

Resolved, That the Chief Clerk of the House of Representatives be, and she is hereby authorized and directed to forward a copy of this Memorial to the President of the Senate and the Speaker of the House of Representatives of Congress and to the congressional delegation representing the State of Idaho in the Congress of the United States.

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SOURCE: Congressional Record Vol. 169, No. 74

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