North Dakota Senate Bill SCR4017

North Dakota 2023-2024 Regular Session

• Introduced: 2/17/23
• Refer: 2/17/23
• Report Pass: 3/6/23
• Engrossed: 3/8/23
• Refer: 3/8/23
• Report Pass: 3/17/23
• Enrolled: 4/10/23
• Passed: 4/11/23

Caption

A concurrent resolution urging the Administrator of the United States Environmental Protection Agency to fully reinstate, and strictly abide by the October 17, 2017, memorandum titled Adhering to the Fundamental Principles of Due Process, Rule of Law, and Cooperative Federalism in Consent Decrees and Settlement Agreements; to promulgate and enforce only environmental regulations that appropriately take into account public and private fiscal impacts as well as the nation's continuing food security and energy security; and to defer to and work together in good faith with all sovereign states in the spirit of cooperative federalism.

Impact

If enacted, SCR4017 would reinforce the position of individual states and local communities as primary regulators within their jurisdictions, particularly concerning environmental oversight. This would confer more power to state legislatures to identify and manage their local concerns regarding environmental management, acknowledging the importance of balancing economic development with environmental protection. The resolution calls for the EPA to consider the fiscal impacts of its regulations, hence advocating for a more measured approach to environmental law that aligns with local economic realities.

Summary

SCR4017 is a concurrent resolution by the North Dakota Legislature urging the Administrator of the United States Environmental Protection Agency (EPA) to adhere strictly to the principles affirmed in the October 17, 2017 memorandum regarding due process and cooperative federalism. The bill addresses concerns over the EPA's regulatory actions after revoking this memorandum, particularly its reliance on litigation for imposing regulations. The resolution emphasizes the severe economic uncertainties and regulatory burdens that have arisen from the EPA's approach, particularly for local agricultural producers and energy development practices critical to both the state and national economy.

Sentiment

The sentiment surrounding SCR4017 reflects a strong pro-local governance stance, emphasizing distrust toward federal overreach. Supporters argue the necessity of reinstating the principles of cooperative federalism to protect local economies from burdensome federal regulations, which they believe disrupt the agricultural sector and energy security. Conversely, critics may raise concerns over potential rollback of environmental protections and the implications this has for long-term sustainability, focusing instead on the need for robust national standards to protect public health and the environment.

Contention

The primary contention within SCR4017 relates to the conflict between state and federal regulatory authority. Advocates of the bill affirm that local nuanced regulation is crucial for addressing specific community needs, while opponents may perceive such a resolution as an attempt to weaken essential federal oversight that ensures environmental protections are uniformly applied across states. This debate encapsulates a broader national discourse on the balance of power between state and federal governments, particularly in the realm of environmental policy and public welfare.