Honoring a Utah Veteran
May 28, 2014
On Tuesday the 27th of May, the staff in my St. George office hosted an awards ceremony for Sidney Ingram (Ski). LTC Anderson conducted the ceremony along with SGT Larsen and SGT Ogden of the SFC US Army 222. They presented Ski with three ribbons he had earned during the Vietnam War.
It is important that we all remember our Veterans that have served this country and that we ensure they receive the awards and recognition that they deserve. I salute the efforts made by these men, and I appreciate the efforts of my staff to serve them.
Touring the Weber Basin Water Conservancy District
May 23, 2014
On May 21, a member of my staff participated in a tour of the Weber Basin Water Conservancy District. The tour began at Smith and Morehouse Reservoir in Summit County where up to 1,360 acre-feet of water from runoff is stored. This water eventually arrives at the Weber Basin Water Conservancy District's water treatment facility in Layton, is processed, and then is piped to various municipalities in Weber and Davis Counties.
Later on the tour, my staff got a chance to go underneath the Wanship Dam, a dam that impounds up to 62,100 acre-feet water from the Rockport Lake. A tour such as this makes one truly appreciate the clean water that is released from a faucet in one's home or office. As a member of the Senate Energy and Natural Resources Committee, I recognize that it is crucial to maintain relationships with the stewards of our water infrastructure.
Klobuchar, Lee Call for Review of AT&T’s Proposed Acquisition of DirectTV
May 23, 2014
Washington, DC – U.S. Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) today sent a letter to the Department of Justice (DOJ) and Federal Communications Commission (FCC) regarding AT&T’s proposed acquisition of DirectTV. In the letter, the Senators urged the DOJ and FCC to assess the impact that the proposed merger could have on consumers, including price, choice, and quality of service. Klobuchar, the chair of the Senate Judiciary Committee Subcommittee on Antitrust, Competition Policy and Consumer Rights, and Lee, the Ranking Member on the Subcommittee, will hold a hearing to examine the potential acquisition this summer.
“This proposed transaction would result in additional consolidation in the market for pay television and may impact consumer welfare in that market and other markets in which the companies operate,” the Senators said in the letter. “As always, the key to analyzing any merger should be the effect it will have on consumers, including price, choice, quality of service, and innovation.”
The full text of the letter is below:
Dear Assistant Attorney General Baer and Chairman Wheeler:
As Chairman and Ranking Member of the Subcommittee on Antitrust, Competition Policy and Consumer Rights, we write regarding AT&T’s proposed acquisition of DirecTV. This proposed transaction would result in additional consolidation in the market for pay television and may impact consumer welfare in that market and other markets in which the companies operate. For example, the companies currently compete with each other in 25 percent of the country, including in 10 of the top 20 markets. In addition, this merger, taken together with the recently announced merger between Comcast and Time Warner Cable, could potentially affect future innovation and technological advances, including the availability of online video distribution.
AT&T and DirecTV state that their merger will create a “competitive alternative to cable for consumers wanting a better bundle of top-quality broadband, video and mobile services, as well as a better customer experience and enhanced innovation.” The companies further state that increased scale will allow the merged entity to realize cost synergies.
As you review this transaction, we believe it is important to validate and weigh these efficiencies against the potential competitive harms that could result from the transaction. As always, the key to analyzing any merger should be the effect it will have on consumers, including price, choice, quality of service, and innovation.
We plan to hold a Subcommittee hearing this summer to examine the important issues raised by this proposed merger and will follow up with you based on the evidence and testimony reviewed during that process. Thank you for your attention to this matter.
Sincerely,
“This proposed transaction would result in additional consolidation in the market for pay television and may impact consumer welfare in that market and other markets in which the companies operate,” the Senators said in the letter. “As always, the key to analyzing any merger should be the effect it will have on consumers, including price, choice, quality of service, and innovation.”
The full text of the letter is below:
Dear Assistant Attorney General Baer and Chairman Wheeler:
As Chairman and Ranking Member of the Subcommittee on Antitrust, Competition Policy and Consumer Rights, we write regarding AT&T’s proposed acquisition of DirecTV. This proposed transaction would result in additional consolidation in the market for pay television and may impact consumer welfare in that market and other markets in which the companies operate. For example, the companies currently compete with each other in 25 percent of the country, including in 10 of the top 20 markets. In addition, this merger, taken together with the recently announced merger between Comcast and Time Warner Cable, could potentially affect future innovation and technological advances, including the availability of online video distribution.
AT&T and DirecTV state that their merger will create a “competitive alternative to cable for consumers wanting a better bundle of top-quality broadband, video and mobile services, as well as a better customer experience and enhanced innovation.” The companies further state that increased scale will allow the merged entity to realize cost synergies.
As you review this transaction, we believe it is important to validate and weigh these efficiencies against the potential competitive harms that could result from the transaction. As always, the key to analyzing any merger should be the effect it will have on consumers, including price, choice, quality of service, and innovation.
We plan to hold a Subcommittee hearing this summer to examine the important issues raised by this proposed merger and will follow up with you based on the evidence and testimony reviewed during that process. Thank you for your attention to this matter.
Sincerely,
Senator Lee’s Floor Remarks on the Nomination of Sylvia Burwell to Secretary of HHS
May 23, 2014
The Senate is in the process of considering one of the most important presidential nominations of Barack Obama’s second term. Sylvia Burwell, the current Director of the Office of Management and Budget (OMB), was nominated by President Obama to replace Kathleen Sebelius as the next Secretary of the Department of Health and Human Services (HHS). It is now the Senate’s responsibility to review Ms. Burwell’s candidacy and then vote to confirm or reject the President’s nomination.
Showcase Utah: #RoadLessTraveledUtah Photo Contest
May 20, 2014
#RoadLessTraveledUtah Contest
Utah has over 43,000 miles of public roads. These roads connect communities, pass through some of the most beautiful landscapes in the country, and they enable Utahns to enjoy an enviable standard of living. Senator Mike Lee would like to showcase an outstanding collection of Utah’s roads in his Washington DC office. You are invited by Senator Mike Lee and Utahgram to submit your photographs of Utah’s roads to this Instagram photo contest. In addtion to photos being displayed in Senator Lee's office, he will also send a flag flown of the U.S. Capitol to the three entrants whose submissions receive the most likes on Instagram. Here are the rules:
- Be safe. Pictures taken by drivers while driving will not be considered.
- The photo has to contain a road in Utah.
- Only 1 photo per person. Multiple photos will be selected for the display, but only 1 photo per person will be selected.
- For communication purposes*, you must be following @SenMikeLee and @Utahgram on Instagram.
- Use this tag for your entry: #RoadLessTraveledUtah
- Winner info: Representatives from Senator Lee’s office will select up to 28 photos to be displayed in Senator Lee’s office. In addition to the 28 photos that will be selected for display in Senator Lee’s office, a flag that has been flown over the US Capitol will be given to the top three entrants whose photos receive the most likes during the contest.
- Contest ends on May 30, 2014 at 2:00 p.m. MT.
*Those whose submissions are selected will be asked to provide a larger file size image, so it can be printed for display.
Klobuchar, Lee Statements on AT&T-DirecTV Merger
May 19, 2014
Washington, D.C. – U.S. Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) today released the following statements regarding the AT&T-DirecTV merger. Klobuchar is chair and Lee is ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights.
“AT&T's proposed acquisition of DirecTV is yet another merger that has the potential to dramatically change the television market,” Klobuchar said. “As chair of the Senate Antitrust Subcommittee, I will hold a hearing to examine the effect this merger would have on competition, innovation, and the prices, choices, and service offered to consumers across the country.”
“The announcement of an additional merger in the telecommunications and media industry raises concerns about the level of consolidation in these markets,” Lee said. “At the same time, consolidation can benefit consumers in some circumstances. I look forward to carefully reviewing the evidence and examining the effect this transaction may have on consumer welfare.”
“AT&T's proposed acquisition of DirecTV is yet another merger that has the potential to dramatically change the television market,” Klobuchar said. “As chair of the Senate Antitrust Subcommittee, I will hold a hearing to examine the effect this merger would have on competition, innovation, and the prices, choices, and service offered to consumers across the country.”
“The announcement of an additional merger in the telecommunications and media industry raises concerns about the level of consolidation in these markets,” Lee said. “At the same time, consolidation can benefit consumers in some circumstances. I look forward to carefully reviewing the evidence and examining the effect this transaction may have on consumer welfare.”
Lee and Cruz ask Sylvia Burwell to respond to unanswered questions regarding Obamacare Implementation
May 16, 2014
The implementation of Obamacare has been an unmitigated disaster
under HHS's previous leadership. It is critical that before the next HHS
Secretary is approved, we have a frank and open discussion about how the
administration plans to relieve the pain and confusion caused by this law.
So far, Ms. Burwell's testimony has been less than forthcoming and
suggests she plans to follow the lead of her predecessor in blocking
Congress's ability to do proper oversight for the American people. The
questions we propose in the letter have not only been asked repeatedly,
but deal with issues she should have been prepared to answer at her
hearings but did not. We are therefore going to attempt one more time to
get answers to these simple questions and the Senate should not move
forward on her nomination until we get them.
under HHS's previous leadership. It is critical that before the next HHS
Secretary is approved, we have a frank and open discussion about how the
administration plans to relieve the pain and confusion caused by this law.
So far, Ms. Burwell's testimony has been less than forthcoming and
suggests she plans to follow the lead of her predecessor in blocking
Congress's ability to do proper oversight for the American people. The
questions we propose in the letter have not only been asked repeatedly,
but deal with issues she should have been prepared to answer at her
hearings but did not. We are therefore going to attempt one more time to
get answers to these simple questions and the Senate should not move
forward on her nomination until we get them.
Senator Lee and Senator Cruz Letter to HHS Nominee Sylvia Burwell regarding Obamacare Implementation
Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
May 14, 2014
In an influential law review article, the late Professor Bill Stuntz noted the academic consensus lamenting criminal law’s constantly expanding breadth. Professor Stuntz wrote that virtually all scholarship in the field “consistently argues that existing criminal liability rules are too broad and ought to be narrowed.” But, Professor Stuntz continued ominously,
Western Caucuses Urge EPA to Halt “Waters of the US" Rule
May 8, 2014
WASHINGTON, D.C. –Today, Senator Mike Lee joined Senate Western Caucus Chairman John Barrasso (R-WY) and Congressional Western Caucus co-chairs Stevan Pearce (R-NM) and Cynthia Lummis (R-WY) and 42 other Caucus Members in sending a letter to Environmental Protection Agency (EPA) Administrator Gina McCarthy.
In their letter, the Caucus members call on the EPA to refrain from moving forward with their controversial “Waters of the U.S.” (WOTUS) rule that will drastically expand federal regulatory authority under the Clean Water Act. The members also highlight how this rule will negatively impact farms, small businesses, energy production, commercial development and substantially interfere with the ability of individual landowners to use their property.
“We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water. We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners,”Caucus Members wrote.
In addition to Barrasso, Pearce and Lummis, the letter was signed by Senators David Vitter (R-LA), Jim Inhofe (R-OK), Lisa Murkowski (R-AK), Dean Heller (R-NV), Mike Lee (R-UT), Pat Roberts (R-KS), Orrin Hatch (R-UT), John Thune (R-SD), Mike Crapo (R-ID), Roy Blunt (R-AR), Jerry Moran (R-KS), Deb Fischer (R-NE), John Cornyn (R-TX), John Hoeven (R-ND), Mike Johanns (R-NE), James Risch (R-ID) and Mike Enzi (R-WY) and Representatives Rob Bishop (UT-01), Markwayne Mullin (OK-01), Jeff Denham (CA-10), Mike Simpson (ID-02), Don Young (AK-AL), Walter Jones (NC-03), Matt Salmon (AZ-05), Scott Tipton (CO-03), Mike Conaway (TX-11), Mark Amadei (NV-02), Cory Gardner (CO-04), Jeff Duncan (SC-03), Chris Stewart (UT-02), Paul Gosar (AZ-04), Tom McClintock (CA-04), Kevin Cramer (ND-AL), Devin Nunes (CA-22), David Schweikert (AZ-06), Randy Neugebaurer (TX-19), Raul Labrador (ID-01), Kristi Noem (SD-AL), Doug Lamborn (CO-05), Trent Franks (AZ-08), Paul Broun (GA-10), Mike Coffman (CO-06), Jason Chaffetz (UT-03).
The full text of the letter:
May 8, 2014
The Honorable Gina McCarthy
Administrator
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Dear Administrator McCarthy,
As members of the Senate and Congressional Western Caucuses, we are contacting you regarding our opposition to the Environmental Protection Agency’s (EPA) efforts to significantly expand federal regulatory authority under the Clean Water Act (CWA).
We have reviewed the proposed rule that you signed on March 25th and have concluded that the rule provides essentially no limit to CWA jurisdiction. This is despite the Supreme Court consistently recognizing that Congress limited the authority of the EPA and the Army Corps of Engineers under the CWA.
There has been strong opposition to EPA’s approach due to the devastating economic impacts that a federal takeover of state waters would have. Additional and substantial regulatory costs associated with changes in jurisdiction and increased permitting requirements will result in bureaucratic barriers to economic growth, negatively impacting farms, small businesses, commercial development, road construction and energy production, to name a few.
The threat of ruinous penalties for alleged noncompliance with the CWA is also likely to become more common given the proposed rule’s expansive approach. For example, the EPA’s disputed classification of a small, local creek as a “water of the United States” could cost as much as $187,500 per day in civil penalties for Wyoming resident Andrew Johnson. Similar uncertainty established under the proposed rule will ensure that expanding federal control over intrastate waters will substantially interfere with the ability of individual landowners to use their property.
We share the concerns expressed by the Western Governors Association regarding the lack of meaningful state consultation in crafting this rule. The Western Governors stated in a letter to you on March 25th that they –
“are concerned that this rulemaking was developed without sufficient consultation with the states and that the rulemaking could impinge upon state authority in water management.”
We fail to understand why the EPA has not adequately consulted our Governors about a rule that has such a significant impact on the economy of our states. For example, rural states in the West have sizeable ranching and farming operations that will be seriously impacted by this rule. Despite the claim that the Army Corps will exempt 53 farming practices as established by the Natural Resource Conservation Service, the list of 53 does not cover all existing agricultural practices. There are a number of farming and ranching practices, such as the application of pesticides, that are not covered on this list that occur every day in the West without penalty. Under this new proposed rule, it appears those farmers and ranchers will need to get a permit or be penalized if they continue to use those non-covered practices in new federal waters.
Congress has demonstrated strong opposition to past efforts to have the federal government control all wet areas of the states. During the recent consideration of the Water Resources Development Act (WRDA), a bipartisan group of Senators voted 52 to 44 to reject the EPA’s CWA Jurisdiction Guidance, which would have also resulted in effectively unlimited jurisdiction over intrastate water bodies. Efforts to pass legislation to have the federal government control all non-navigable waters have also failed in past Congresses.
We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water. We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners.
In their letter, the Caucus members call on the EPA to refrain from moving forward with their controversial “Waters of the U.S.” (WOTUS) rule that will drastically expand federal regulatory authority under the Clean Water Act. The members also highlight how this rule will negatively impact farms, small businesses, energy production, commercial development and substantially interfere with the ability of individual landowners to use their property.
“We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water. We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners,”Caucus Members wrote.
In addition to Barrasso, Pearce and Lummis, the letter was signed by Senators David Vitter (R-LA), Jim Inhofe (R-OK), Lisa Murkowski (R-AK), Dean Heller (R-NV), Mike Lee (R-UT), Pat Roberts (R-KS), Orrin Hatch (R-UT), John Thune (R-SD), Mike Crapo (R-ID), Roy Blunt (R-AR), Jerry Moran (R-KS), Deb Fischer (R-NE), John Cornyn (R-TX), John Hoeven (R-ND), Mike Johanns (R-NE), James Risch (R-ID) and Mike Enzi (R-WY) and Representatives Rob Bishop (UT-01), Markwayne Mullin (OK-01), Jeff Denham (CA-10), Mike Simpson (ID-02), Don Young (AK-AL), Walter Jones (NC-03), Matt Salmon (AZ-05), Scott Tipton (CO-03), Mike Conaway (TX-11), Mark Amadei (NV-02), Cory Gardner (CO-04), Jeff Duncan (SC-03), Chris Stewart (UT-02), Paul Gosar (AZ-04), Tom McClintock (CA-04), Kevin Cramer (ND-AL), Devin Nunes (CA-22), David Schweikert (AZ-06), Randy Neugebaurer (TX-19), Raul Labrador (ID-01), Kristi Noem (SD-AL), Doug Lamborn (CO-05), Trent Franks (AZ-08), Paul Broun (GA-10), Mike Coffman (CO-06), Jason Chaffetz (UT-03).
The full text of the letter:
May 8, 2014
The Honorable Gina McCarthy
Administrator
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Dear Administrator McCarthy,
As members of the Senate and Congressional Western Caucuses, we are contacting you regarding our opposition to the Environmental Protection Agency’s (EPA) efforts to significantly expand federal regulatory authority under the Clean Water Act (CWA).
We have reviewed the proposed rule that you signed on March 25th and have concluded that the rule provides essentially no limit to CWA jurisdiction. This is despite the Supreme Court consistently recognizing that Congress limited the authority of the EPA and the Army Corps of Engineers under the CWA.
There has been strong opposition to EPA’s approach due to the devastating economic impacts that a federal takeover of state waters would have. Additional and substantial regulatory costs associated with changes in jurisdiction and increased permitting requirements will result in bureaucratic barriers to economic growth, negatively impacting farms, small businesses, commercial development, road construction and energy production, to name a few.
The threat of ruinous penalties for alleged noncompliance with the CWA is also likely to become more common given the proposed rule’s expansive approach. For example, the EPA’s disputed classification of a small, local creek as a “water of the United States” could cost as much as $187,500 per day in civil penalties for Wyoming resident Andrew Johnson. Similar uncertainty established under the proposed rule will ensure that expanding federal control over intrastate waters will substantially interfere with the ability of individual landowners to use their property.
We share the concerns expressed by the Western Governors Association regarding the lack of meaningful state consultation in crafting this rule. The Western Governors stated in a letter to you on March 25th that they –
“are concerned that this rulemaking was developed without sufficient consultation with the states and that the rulemaking could impinge upon state authority in water management.”
We fail to understand why the EPA has not adequately consulted our Governors about a rule that has such a significant impact on the economy of our states. For example, rural states in the West have sizeable ranching and farming operations that will be seriously impacted by this rule. Despite the claim that the Army Corps will exempt 53 farming practices as established by the Natural Resource Conservation Service, the list of 53 does not cover all existing agricultural practices. There are a number of farming and ranching practices, such as the application of pesticides, that are not covered on this list that occur every day in the West without penalty. Under this new proposed rule, it appears those farmers and ranchers will need to get a permit or be penalized if they continue to use those non-covered practices in new federal waters.
Congress has demonstrated strong opposition to past efforts to have the federal government control all wet areas of the states. During the recent consideration of the Water Resources Development Act (WRDA), a bipartisan group of Senators voted 52 to 44 to reject the EPA’s CWA Jurisdiction Guidance, which would have also resulted in effectively unlimited jurisdiction over intrastate water bodies. Efforts to pass legislation to have the federal government control all non-navigable waters have also failed in past Congresses.
We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water. We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners.
Energy Tour of Utah
May 5, 2014
On April 15 and 16, the Salt Lake Chamber of Commerce organized a tour for my staff of various energy facilities across the state. The following is a list of the facilities that were visited:
Intermountain Power Plant (Delta, UT) - Intermountain Power Plant in Delta, Utah is a large coal-fire power plant with an installed capacity of 1,900 MW. This plant, owned by Intermountain Power Agency and operated by the Los Angeles Department of Water and Power, generates power for thousands of homes in California and is transmitted there by way of the HVDC Intermountain transmission line. While the generated power ultimately leaves Utah, Intermountain Power Plant provides a very healthy property tax base for Millard County. A member of my staff enjoyed a toured the facility on Tuesday, April 15 with various energy industry leaders, government officials, and interested citizens.
First Wind Wind Farm (Milford, UT) - First Wind, a renewable energy company based in Massachusetts, has invested millions of dollars into Millard and Beaver counties by building 165 wind turbines with a combined maximum capacity of 306 MW. The project was completed in two phases; the first phase in 2009 and the second phase in 2011. To get the power to First Wind's customers in California, the company built an 88-mile transmission line and connected it to the already-existing Intermountain transmission line. A member of my staff visited this wind farm to learn more about this project and it's positive impact on the Milford City.
Beaver City Hydro Power Plant (Beaver, UT) - On Wednesday, April 16, a member of my staff visited and toured two of Beaver City's three Hydro Power Plant locations just east of the city. The first location became operational in 1904 after Beaver City residents approved a $10,000 bond to build the plant. The second location began generating power in 1942 and the third power plant was added in 1992. The three stations combined produce approximately 9,200,000 KWH per year. It is refreshing to see a great self-sustaining rural Utah community. Well done, Beaver City!
Cove Fort Geothermal Power Plant (Millard County, UT) - Cove Fort Geothermal Power Plant, owned by Enel Green Power North America, was constructed with a total investment of $126 million and opened in October 2013. Located in Beaver County, Utah, this geothermal plant is expected to produce up to 160 GWH of power per year. A member of my staff toured the exterior as well as the interior of the newly-built plant on Wednesday, April 16.
It is clear from the reports from my staff who participated in these visits, that Utah is home to a diverse range of energy resources and a home to many innovators and risk-takers. It is for this reason that I introduced the Energy Freedom and Prosperity Act to eliminate all energy subsidies from the federal government while also lowering the overall corporate tax rate. Instead of relying on a system where Washington chooses an industry's winners and losers, we should be protecting a free enterprise system where success is measured by the extent to which a product meets the demands of consumers. This the best way to ensure that we are all winners.
