Fighting Back Against Unconstitutional Appointments -- Day Lee Briefing 02/09/2012

Feb 9, 2012

Today’s Agenda

Today, Senator Lee will meet with representatives of the Utah chapter of NAIOP and Dairy Management.  

 

From the Senator’s Desk

 

 

On Twitter

SenMikeLee

"I rise today in opposition to this nomination." Continuing the fight to protect Constitution's separation of powers: http://ow.ly/8YKeY

 

SenLeeComs

.@SenMikeLee joined 5 other Sens to oppose Obama's judicial nom in protest of Pres's unconstitutional appointments http://1.usa.gov/wMDHp5   

SenLeePressSec

Nice to see fellow Utahn @jasoninthehouse on @Soledad_OBrien's panel today! #Utah

 

SenLeeResearch

#Debt crisis in #Europe "now borders on quantum physics for its complexity": bit.ly/xAwMTx #deficit #BBA #strongBBA #tcot #tlot #euro

 

Around the Water Cooler

Analysis: Obama contraceptive mandate has a price

The Obama administration's new mandate that religious organizations pay for their workers' birth control has become a bludgeon for Republican culture warriors, as social issues have surged to the forefront in the presidential campaign.


First new nuclear reactors OK'd in over 30 years

The U.S. Nuclear Regulatory Commission approved licenses to build two new nuclear reactors Thursday, the first authorized in over 30 years.


Looking Ahead

Tomorrow, Senator Lee will be back in Utah to meet with constituents.

Lee Opposes Nominee in Defense of the Constitution

Feb 9, 2012

I rise today in opposition to this nomination. I do so not because of the qualifications of this particular nominee, but instead I do so in defense of the U.S. Constitution.

Utah Congressional Delegation Pushes the Interior Department on Restrictive American Energy Policy

Feb 8, 2012

WASHINGTON – Utah’s Congressional delegation today wrote to Secretary Ken Salazar of the U.S. Department of the Interior to urge he overturn the Bureau of Land Management’s (BLM’s) Draft Programmatic Environmental Impact Statement (PEIS) for Oil Shale and Tar Sands that was recently announced.  The PEIS reduced the federal lands available to oil shale development from 2 million acres to only 461,965 acres. Closing off these lands is a significant missed opportunity to create jobs and lower energy costs for Utahns.

In the letter to Secretary Salazar, the delegation notes that the BLM ruling runs contrary to President Obama’s message in his recent State of the Union address where he called for an “all-of-the-above strategy that develops every available source of American energy.”  

HATCH: “The BLM’s decision is yet another assault on American energy production and the jobs that come with it. By cutting back the original oil shale and tar sands development lands by 75 percent, the Administration has made it clear that instead of going against their liberal environmentalist allies in an election year, their willing to import more foreign sources of oil and export more American jobs. It’s another failure in leadership from this White House while energy costs and unemployment are both far too high.”
 
LEE: "In his State of the Union, the President said he wanted to pursue an 'all of the above' energy strategy, but apparently that doesn't include one of the country's most abundant domestic sources.  That has to set a land speed record for broken promises.  Unfortunately, it will be the American people who suffer, both in lost jobs and in higher energy prices."
 
MATHESON: “If the goal is to become less dependent on foreign oil, we need more domestic supply, including from untapped sources. New methodology to extract oil from shale is on the horizon in Utah. It should be allowed to compete for commercial development and BLM’s proposed leasing rules are an obstacle.”
 
BISHOP: “The Department of Interior’s decision to radically reduce BLM lands available for energy production in Utah and other western states illustrates this Administration’s lack of commitment to advance energy independence and jobs in the U.S.  The political unrest occurring in many of the oil producing countries, upon which we increasingly rely, could send prices skyrocketing, and it’s hard-working Americans who would be forced to shoulder the burden of rising costs.  This doesn’t have to be the case when we have abundant resources located right here in the U.S. that remain untapped, and millions of Americans out of work who would benefit from the subsequent creation of new jobs. Unfortunately, though, we have an Administration that is focused more on reelection and appealing to their special interest group supporters than doing what’s right for the future of this country.”    
 
CHAFFETZ: “President Obama is hostile towards American energy. His decision to shut down oil shale development on public lands inhibits energy independence and economic growth.  BLM professionals conducted a three-year, stakeholder driven environmental analysis pursuant to the bipartisan Energy and Policy Act of 2005.  This apparently wasn’t good enough for the President.  His need to re-review the review is disappointing and is lacking in leadership.”
 
To view the letter to Secretary Salazar, click HERE. The full text of the letter is below:
 
February 7, 2012
 
The Honorable Ken Salazar
Secretary
United States Department of the Interior
1849 C Street, N.W.
Washington, DC  20240
 
Dear Secretary Salazar:
 
We write to provide our comments on the Bureau of Land Management’s (BLM’s) Draft Programmatic Environmental Impact Statement (PEIS) for Oil Shale and Tar Sands.  Our strongly held view is that the premise of the PEIS is supported by neither the spirit nor letter of the law, that the alternatives considered by this document are deficient, and that all of the preferred alternatives run contrary to the needs of the nation and of the President’s State of the Union message calling for an “all-of-the-above strategy that develops every available source of American energy.”  The BLM’s stated preference for reducing the available acreage of oil shale and oil sands development by more than 75 percent causes the President’s statement to ring hollow.
 
Congress enacted the Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act as part of the Energy Policy Act of 2005 (EPAct 2005), which passed with a large bipartisan majority.  The law recognized the national strategic importance of developing domestic unconventional fuels and called for an effort by the relevant agencies of this government to “coordinate and accelerate the commercial development” of oil shale and oil sands.  That is the spirit and letter of the law.  With this announcement, the BLM is pursuing a path that is contrary to the clear intent of the law.
 
As required by EPAct 2005, three years of intensive studies, widespread stakeholder input, and robust public comment led to a comprehensive report by the Task Force on Strategic Unconventional Fuels and a final Oil Shale Rule in 2008 which set forth 2 million acres of land available for potential oil shale development. We fail to understand why that massive regulatory process, completed by countless government professionals, is being arbitrarily discarded by the BLM.  We also cannot discern whereby the BLM has the authority to unilaterally reverse enacted law or to break precedent by willfully failing to offer a No-Action Alternative.  Even the BLM’s early announcement that it would revisit the 2008 Oil Shale Rule to consider wilderness characteristics would have been forbidden by the Congressional funding moratorium on the Department of the Interior Secretarial Wildlands Order 3310.
 
It is well known that the Department of Energy has determined that U.S. oil shale resources are about three times as large as the proven oil reserves of Saudi Arabia.  As the world and our President must deal with an increasingly dangerous Middle East, it is unconscionable at this time to retreat from one of America’s greatest potential energy sources, especially when industry has shown the will and the means  to move forward.
 
As you well know, oil shale has been commercially produced and sold competitively in global oil markets for decades.  There is no lack of existing technology or data associated with that technology.  Moreover, there has already been an impressive level of investment by members of industry ready to bring current and enhanced technology to American oil shale deposits.  What is needed is a regulatory atmosphere that encourages this trend.  Sadly, it appears that your administration has taken every opportunity to send the opposite signal to this burgeoning industry.  The latest move by the BLM to restrict by more than 75 percent the acreage available to possible oil shale research and development would do harm to this industry and our nation’s energy security.
 
We strongly urge you to bring your department’s actions in line with the current law and the stated goals of the President Barack Obama.  Rather than retreat from this important and strategic undertaking, you should take steps to vigorously defend the 2008 Oil Shale PEIS.

Homecoming for Wounded Marine -- Day Lee Briefing 02/08/2012

Feb 8, 2012

Today’s Agenda

Today, Senator Lee will meet with representatives of the Special Olympics, the Drug Free Community, the Weber Basin Water Construction District, the Utah Association of Elementary Principals, the American Burn Association, and the Farm Service Agency. He will also speak at the NAIOP Conference at 7:30 AM EST and attend the annual Congressional Correspondents Dinner.  

 

From the Senator’s Desk

 

   

From the Whip

THE SENATE IS NOT IN SESSION TODAY

The Senate will next convene at 9:30am on Thursday, February 9th and will be in morning business until 11:00am. At 11:00am, the Senate will resume consideration of the motion to proceed to S. 1813, the Highway bill.

At 2:00pm, the Senate will proceed to a Roll Call Vote on the Motion to Invoke Cloture on the motion to proceed to S. 1813.

 

Tuesday’s Session:

 

Roll Call Votes:

There were No Votes

 

UC Items:

S. Res. 369: Super Bowl Champions

 

Executive Nominations:

Col. Bradley Spacy

 

On Twitter

 

SenMikeLee

I invited one of my interns to the State of the Union Address with me. Watch his experience behind the scenes: http://ow.ly/8UvZV #SOTU

 

SenLeeComs

Leahy can quote all the noms stats he wants. The one that matters is, Unconstitutional Appointments: Bush 0, Obama 4 | http://bit.ly/zobbhc   

SenLeePressSec

RT @jasonbwhitman: Here is my first piece at @Ricochet about the recent excellent testimony of @SenMikeLee http://tpo.ms/xssEgC

 

SenLeeResearch

#Debt crisis in #Europe "now borders on quantum physics for its complexity": bit.ly/xAwMTx #deficit #BBA #strongBBA #tcot #tlot #euro

 

Around the Water Cooler

AP Interview: Homecoming inspires wounded Marine

Shot through the upper back on a rooftop in Afghanistan and gasping for breath after a bullet ripped through his chest, Marine Sgt. Ben Tomlinson had a fear worse than death.

Heat and shock from the round damaged his spinal cord, paralyzing him from the chest down. This injury was so much worse than one nine months before, when he'd been hit by a mortar blast during his first tour in Afghanistan. Yet through all the pain, Tomlinson was haunted by the idea people back home wouldn't remember him, that they wouldn't even know he was hurt.


Gas Prices in All 50 States Back Above $3 a Gallon

Gas prices in all 50 states this week are back above $3 per gallon for the first time since December 15, when regular unleaded gasoline remained at this level for nearly 10 months.


Looking Ahead

Tomorrow, Senator Lee will meet with representatives of the Utah chapter of NAIOP and Dairy Management.

Backstage at the State of the Union -- Day Lee Briefing 02/07/2012

Feb 7, 2012

Today, Senator Lee will meet with representatives of the Clearfield Jobs Corps Center, Park City, the Center for Persons with Disabilities, the Army National Guard, the Utah Narcotics Officers Association, and the Utah School Board Association.

No Budget this Year -- Day Lee Briefing 02/06/2012

Feb 6, 2012

Senator Reid says, "We don't need to bring a budget to the floor this year."

Lee: Obama ignored Constitution

Feb 6, 2012

In drafting the Constitution and establishing our nation’s system of government, the Founding Fathers carefully instituted a system of checks and balances among the three coequal branches of government — executive, legislative and judicial.

The National Prayer Breakfast -- Day Lee Briefing 02/02/2012

Feb 2, 2012

Today, Senator Lee will join in the National Prayer Breakfast at 7:30 AM EST

Lee Statement on Proposed Express Scripts and Medco Merger

Feb 2, 2012

The proposed merger between Express Scripts and Medco is a significant transaction. By combing two of the country's largest pharmacy benefit managers ("PBM"), the merger will create the nation's largest PBM.

House Committee on Oversight and Government Reform Hearings on Unconstitutional Appointments

Feb 2, 2012

On February 1, 2012, Senator Lee was invited to participate in a hearing on the constitutionality of President Obama's appointments to the NLRB and CFPB.  The following videos contain Senator Lee's answers to the questions posed by the committee members.  Throughout the hearing, Senator Lee effectively argues that the appointments were unconstitutional, and he discusses the consequences of the president's actions.  He also explains what is being done and what can be done about it.

Trampling the Constitution

Pro Forma Sessions and the Power of Advice and Consent

No Excuse to Ignore the Constitution

Where do we go from here: Fighting back against unconstitutional appointments

Senator Lee and Congressman Gowdy Find Additional Problems with Unconstitutional Appointments

He Got it Right the First Time

Constitutional Government is Designed to be Frustrating

The Discussion We Ought to be Having

The Repercussions of Unconstitutional Appointments in the Obama Economy

There Is No Precedent for President's Unconstitutional Appointments

The Obama Administration's Other Constitutional Shortfalls