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North Dakota judge blocks controversial water rule | National

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www.thecentersquare.com – By Kim Jarrett | The Center Square – 2023-04-12 16:26:00

(The Center Square) – North Dakota U.S. District Court Judge Daniel Hovland issued a preliminary injunction Wednesday that blocked the implementation of the Biden administration’s clean water rule, also known as WOTUS. 

The Environmental Protection Agency and the Army Corps of Engineers published the rule on Jan. 18 that brings the country’s wetlands, streams and other waterways under federal jurisdiction. The rule was implemented during the Obama administration and repealed under the Trump administration. 

Twenty-three states and several organizations joined North Dakota in the lawsuit filed on Feb. 21.

Hovland said in his order that the EPA exceeded its statutory authority and could be unconstitutional. 

“The first category under the new Rule are traditional navigable waters, territorial seas, and interstate waters,” Hovland said. “The EPA has now taken the position that ‘interstate waters’ includes all such waters—even those that are not ‘connected to navigable waters’ in any manner. There are serious questions whether this is a permissible construction of the Clean Water Act as the Rule essentially reads non-navigability out of the Act. And does the Clean Water Act support making every wetland, stream, tributary or other water traversing a border subject to federal jurisdiction?”

Hovland said claims by North Dakota and West Virginia officials that the rule would cause their agencies harm outweighed the harm the injunction could do.

“An injunction at this early stage can avoid the massive waste of resources and delayed projects in pursuit of permits that may soon be legally irrelevant,” Hovland said. “By contrast, the EPA will not suffer any real harm that would justify a denial of injunctive relief. And any potential harm the federal agencies may suffer from compliance with an injunction is not enough to tip the scales at this stage. In fact, it is difficult to see what those potential harms may be.”

The EPA said in an email to The Center Square that the agencies are reviewing the decision and their options.

“The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining waters of the United States, is the best interpretation of the Clean Water Act,” the agency said. “In light of the preliminary injunctions, the agencies are interpreting ‘waters of the United States”‘ consistent with the pre-2015 regulatory regime in 26 States until further notice. The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives.”

Gov. Doug Burgum said the rule would have created confusion and driven up costs for consumers. 

“North Dakota has some of the cleanest air and water in the nation because we responsibly develop our natural resources and properly exercise our state’s authority to protect our own waters from pollution,” Burgum said.

Oklahoma Attorney General Gentner Drummond also praised the ruling. 

“The Biden administration routinely infringes on the 10th Amendment rights of Oklahoma and other states, but today the Court put that overreach on hold,” Drummond said in a statement. 

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Former astronaut, other senators introduce legislation to make low-Earth orbit safer | Arizona

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www.thecentersquare.com – By Liam Hibbert | The Center Square contributor – (The Center Square – ) 2025-02-24 16:45:00

U.S. senators, including a former astronaut, want to make outer space safer.

They’ve introduced a bipartisan bill to help track space junk in low Earth orbit and increase international collaboration in space. The legislation, called the Situational Awareness of Flying Elements in Orbit Act or SAFE, would create a public database for tracking satellites and other objects in an increasingly commercially-operated sector. 

“As the commercial space industry continues to grow, we need to safely track and manage objects in orbit to prevent collisions,” said former NASA astronaut and current U.S. Sen. Mark Kelly, D-Arizona.

“I’ve had to directly deal with the consequences of orbital debris, and I know it’s critical we provide the tools to empower scientists and innovators to successfully explore this critical frontier and strengthen American leadership in space,” Kelly said in a news release. 

The SAFE bill would develop a public database to track satellites and prevent high-speed incidents in low-Earth orbit – the section of space within 1,200 miles of Earth where the International Space Station, as well as 10,000 satellites, operate.

The U.S. government, operating through the Office of Space Commerce, would be immune from legal action for use of this tracking data. 

As commercial activity increases in low-Earth orbit, the potential for collision between satellites grows.

Thousands of defunct satellites are joined in this space by an estimated 100 million small pieces of debris, according to Siamak Hesar, co-founder and CEO of Kayhan Space. Hesar has supported NASA missions as a flight dynamics engineer and space situational awareness specialist.

In the coming years, these numbers of objects in low-Earth orbit are expected to skyrocket and create a dangerous and costly field of high-speed space traffic. Hesar said low-Earth orbit congestion will likely increase substantially.

“Commercial space objects in low-Earth orbit can help scientists make new discoveries and spur technological innovation, but this hinges on the ability to conduct safe and effective space traffic coordination,” said U.S. Sen. John Cornyn, R-Texas. “The SAFE Orbit Act would prevent dangerous and costly accidental collisions in low-Earth orbit and improve access to data collection and analysis to help propel the United States into the next phase of space exploration.”

Supporters of the SAFE bill have highlighted how it would strengthen U.S. presence in space.

“The world is entering a new space race, and we must equip American innovators with every resource to win,” said U.S. Sen. Marsha Blackburn, R-Tennessee.

But the bill also encourages international cooperation to share satellite data and help the public database track as many objects as possible.

“As we enter this new frontier, we must be certain that we prioritize safety and coordination with our partners around the globe,” Blackburn said.

Besides senators from Arizona, Texas and Tennessee, the bill is being introduced by U.S. Sens. Gary Peters, D-Michigan; Eric Schmitt, R-Missouri; Roger Wicker, R-Mississippi; Ben Ray Luján, D-New Mexico, and John Hickenlooper, D-Colorado.

 

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Senators propose bill to curb drug smuggling at southern border | Arizona

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www.thecentersquare.com – By Liam Hibbert | The Center Square contributor – (The Center Square – ) 2025-02-21 18:45:00

(The Center Square) – A bipartisan group of U.S. senators has introduced a bill to use image technicians to ebb the flow of drugs smuggled into the United States from the southern border. 

The Border Enforcement, Security and Trade Facilitation Act of 2025 comes amid increased conversation around border security in President Donald Trump’s second term, and in response to high-profile drug busts on the southern border. It would create technician jobs in border security for five years, but with no clear plan for the future.

The bill is sponsored by U.S. Sens. Mark Kelly, D-Arizona; James Lankford, R-Oklahoma, and John Cornyn, R-Texas.

“Customs and Border Protection needs more trained personnel to stop illegal drugs, weapons and human smuggling from entering our country,” Kelly said in a statement this week. “By adding image technicians to identify threats at ports of entry, we’re giving law enforcement another essential tool to secure the border while keeping trade flowing.”

It is unclear exactly what impact the technology would have on smuggling of drugs or other illicit goods. The bill also left out the program’s cost. Kelly’s press office did not respond to a request for comment from The Center Square on either of these issues. 

Nearly 1,000 pounds of fentanyl – the drug that has become the center point of the substance abuse issue in the U.S. in recent years – was seized along the southwestern border in January 2025. It was the month’s lowest tally since 2022.

“Adding more personnel at ports of entry will immediately provide our country with another layer of security to prevent traffickers from smuggling weapons or drugs across the border,” said Lankford. “Border law enforcement has repeatedly asked for more support to analyze cargo images in real time, so this bill also gives them tools they need to catch criminals and secure our border.”

The program would run for five years, starting from when the bill is passed. No details have yet come out about next steps for the program or the image technicians it would employ. 

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Voluntary retirement plans healthy, among nation’s largest, lowest cost | North Carolina

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www.thecentersquare.com – By David Beasley | The Center Square contributor – (The Center Square – ) 2025-02-20 18:01:00

(The Center Square) – While the pension plan for North Carolina state employees remains underfunded, the same can’t be said for a separate, voluntary 401(k) style programs for public employees, according to a report Thursday.

There are 294,625 employees enrolled in NC 401(k) Plan, and another 57,413 in the NC 457 Plan. Both plans are designed to supplement public pensions. State Treasurer Brad Briner chairs the board that oversees the two programs.

Briner has expressed concern that the state’s pension plans are underfunded by about $16 billion and rank near the bottom nationally in investment performance.

However, the 401(k) and 457 programs are “among the largest and lowest-cost public plans in the country,” the treasurer’s office said in a release.

The 401(k) plan allow public employees to make contributions with pretax payroll deductions. The 457 plan, also through payroll deductions, is a deferred compensation program.

Michael McCann, managing director of Empower, which manages the North Carolina plans, provided an upbeat report to the state’s Supplemental Retirement Board of Trustees.

“From a plan health perspective, everything is looking really good in terms of the trend line,” McCann told the board. “Average participant balances are continuing to increase. The active participation rate is above its historical norm. The active average employee deferral continues to set higher and higher trends in terms of what participants are contributing.”

Even with an aging population and increased retirements, the plans continue to grow, McCann added.

“We’re also replenishing that population, where total unique participant balances continue to increase,” he said. “Last year, was our second best year ever, beating 2023 in terms of total enrollment.”

Another sign of stability of the plans is loan activity – participants borrowing from their accounts – remained consistent in 2024, despite the heavy damage from Hurricane Helene in the western part of the state.

About 2,000 plan participants did take advantage of the Qualified Disaster Relief distributions that were approved by the board last fall. Participants who lived in the disaster areas were allowed to withdraw up to $22,000 without penalties, and can later recontribute some or all of the amounts withdrawn if they choose.

A waiver extension of the board’s administrative fee for 12 months was approved unanimously. A release says the action will save participants $1.7 million over the next year.

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