Senator Cramer’s Weekly Update June 9-13

U.S. Environmental Protection Agency Proposes Repeal of Burdensome Regulations for Power Plants

As Chairman of the Senate Environment and Public Works (EPW) Transportation and Infrastructure Subcommittee, I joined U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin in announcing two proposals to achieve national energy dominance and ensure Americans have access to affordable and reliable energy. The orders reverse punitive policies unveiled during the Biden administration. These rules targeted North Dakota’s energy industries and spurred a critical legal response from the state and industry.

Administrator Zeldin announced a proposed repeal of all greenhouse gas emission standards for the power sector under Section 111 of the Clean Air Act as well as the 2024 Mercury and Air Toxics Standards (MATS) amendments. The EPA previewed its intent to repeal these regulations on its Deregulation Day in March. Between the two proposed actions, the power sector could save more than $20 billion dollars over the next two decades, with the bulk of that—approximately $19 billion in savings, or $1.2 billion per year coming from the greenhouse gas rule.

In North Dakota, we mine lignite coal and produce very reliable, long-term, steady electricity at a low cost. I’ve always resented that somebody in this building, at EPA, thought they cared more about the air, land, water, and economy than I did and my family did. Thank you to President Trump and Administrator Zeldin for recognizing American greatness, for giving this opportunity to both highlight it and change the rules in a more common sense and reasonable way.

Clean Power Plan

Clean Power Plan greenhouse gas emission standards, first issued in 2015 by President Barack Obama, would have resulted in the closure of nearly half of North Dakota’s lignite power plants, as well as raising consumer prices to pay for its multi-billion-dollar price tag.

After legal challenges from the state of North Dakota and industry, the U.S. Supreme Court struck down the Clean Power Plan in 2022, in West Virginia v. EPA. The Supreme Court ruled the Clean Power Plan was an illegal attempt at mandating fuel choices outside the legislative process. It also found the EPA had engaged in an unconstitutional power grab contrary to the major questions doctrine, which requires agencies to adhere to Congressional intent. Despite this clear rebuke, the Biden administration issued a similar rule which I called for the EPA to withdraw from consideration in August 2023.

The EPA’s new Clean Air Act proposal states the agency is required to find that the specific emissions from fossil fuel-fired power plants contribute to dangerous air pollution before it can regulate those emissions. EPA’s proposal acknowledges the greenhouse gas emissions targeted by the Clean Power Plan do not contribute significantly to dangerous air pollution. The proposal would also repeal carbon capture and sequestration requirements for new turbines and modified coal plants while also engaging in public comment on efficiency-based requirements for new natural gas power plants.

MATS Amendments

The EPA also proposed repealing 2024 amendments to MATS and reverting to standards set by the Obama administration in 2012. Despite the Biden administration’s own admission that the 2012 standard adequately protected public health, it issued new amendments requiring installation and adaptation of continuous monitoring technology originally used for the detection of particulate matter instead of mercury, as well as costly mitigation methods unproven at the scale required for North Dakota’s lignite plants. Then-Congressman Kelly Armstrong and I pointed out many of these concerns in a letter we sent asking for these amendments to be rescinded.

Additionally, while the Biden administration ignored the EPA’s own data findings and reversed a key precedent which created a regulatory subcategory for lignite coal, this announcement restores it. Lignite coal generates more than half of all electricity in North Dakota. The subcategory was originally created by the EPA to align its regulatory approach with the physical and chemical characteristics of lignite coal to best protect public health. North Dakota’s aggressive defense of the lignite subcategory was based on decades of sound science and laid the foundation for its reimplementation by the Trump administration.

Watch the full announcement below:

Israel Launches Strikes Against Iran Nuclear Sites, Military Leadership

Israel took unilateral action against Iran last week, bombing nuclear and missile sites while also targeting Iranian military leaders and nuclear scientists. Secretary of State Marco Rubio said the United States was not involved in the strikes against Iran and the top priority is protecting American forces in the region. Israeli leadership said they believe this action was necessary for its self-defense.

Minnesota Lawmakers Targeted in Politically Motivated Attack

Minnesota state Representative Melissa Hortman and her husband were fatally shot Friday night and state Senator John Hoffman of Champlin and his wife were injured in separate "politically motivated" attacks in their homes.

I’m horrified by the targeted attack in Minnesota. Political violence is unacceptable and has no place in our country. Kris and I are praying for the victims, their families, and their loved ones.

Letter Urges Army to Take Action and Keep Outdoor Recreation Sites Open

As the first day of summer approaches, all across the country recreation sites managed by the U.S. Army Corps of Engineers (Army Corps) face reduced hours or full closures due to a U.S. Department of Defense hiring freeze. The freeze was signed on February 28 and restricts the Army Corps from hiring the seasonal staff needed to safely manage boat ramps, campgrounds, and swimming areas. The Army Corps has requested Secretary Driscoll use his waiver authority to allow seasonal hires. Without it, Army Corps recreation sites will be closed or have reduced access at the time they are used the most.

As Chairman of the Senate Environment and Public Works (EPW) Transportation and Infrastructure (T&I) Subcommittee, I, along with U.S. Senator Angela Alsobrooks (D-MD), Ranking Member of the T&I subcommittee, sent a letter to Secretary of the Army Dan Driscoll and Commanding General of the Army Corps Lt. Gen. William H. “Butch” Graham highlighting the need for immediate action to address the staffing shortfalls. In the letter, we call on the Army to approve a waiver request from the Army Corps allowing it to bring on seasonal workers. Under present policy, the Secretary of Defense has authorized Service Secretaries to grant waivers for positions essential to public safety.

Every year, outdoor recreation contributes more than $1 trillion to the economy and supports over 5 million jobs. Limiting access to Army Corps recreation sites hampers this economic engine and has adverse impacts on communities who depend on the reliable summer influx of visitors. However, this is about much more than merely the economic implications. Outdoor recreation is a way for people to engage with nature, spend quality-time with family, and boost their physical and mental health.

If the waiver authority is not utilized, several Army Corps managed recreation areas in North Dakota will remain partially or fully closed for the summer season due to staffing shortages. This includes the East Totten Trail and Wolf Creek at Lake Sakakawea, Beaver Creek and Hazelton at Lake Oahe, and East Ashtabula Crossing, Eggerts Landing, and West Ashtabula Crossing at Lake Ashtabula.

Legislation Introduced to Ban Non-Compete Agreements

About one in five American workers, or 30 million people, are constrained by a non-compete clause, which blocks individuals from working for a competing employer or starting a competing business. Research indicates workers trapped by non-competes have lower wages, and their restricted mobility makes it more difficult for businesses to recruit talent. In states where non-competes are enforced, young firms are more likely to fail in their first three years compared to states where they are not enforced.

U.S. Senators Chris Murphy (D-CT), Todd Young (R-IN), Tim Kaine (D-VA), and I introduced the Workforce Mobility Act to limit the use of non-compete agreements. This legislation bans most of these agreements except when dissolving a partnership or selling a business or ownership interest.

The Workforce Mobility Act requires employers to make employees aware of the limitations on non-competes. It also protects the ability of employers to require non-disclosure agreements for trade secrets. Enforcement jurisdiction for this legislation falls under the Federal Trade Commission and the U.S. Department of Labor, while also allowing state attorneys general to bring actions and authorizing employees to sue for damages and legal fees, and making pre-dispute arbitration agreements and joint-action waivers unenforceable.

Former UND Hockey Player T.J. Oshie Announces Retirement

Last week, former University of North Dakota (UND) hockey player T.J. Oshie announced his retirement after 17 seasons in the National Hockey League (NHL).

According to ESPN, Oshie played 1,116 regular-season and playoff games in the NHL with the St. Louis Blues and Washington Capitals since making his debut in 2008. Additionally, he had "336 goals and 428 assists for 764 points, including 21 points during Washington's Cup run."

Congratulations to former North Dakota Men's Hockey player T.J. Oshie on a well-deserved retirement after a great career at UND, representing Team USA, and Washington Capitals in DC! He reflects the best of us.

"Newsline" on Newsmax

I joined Bianca de la Garza on Newsmax to talk about Israel’s strikes on Iranian nuclear facilities and military targets. Israel’s decisive action sent a strong message to the neighborhood.

"Kudlow" on Fox Business

I joined Larry Kudlow on Fox Business to discuss Iran's retaliatory missile attack against Israel. American technology proved brilliant. Anyone who doubts our country's greatness should look at what Israel was able to do with our equipment.

"Varney & Co." on Fox Business

I joined Stuart Varney on Fox Business to discuss the progress of the One Big Beautiful Bill Act in the Senate and the importance of Medicaid work requirements.

We also spoke about the call to raise the federal minimum wage. Manipulating the markets with mandatory wages doesn't make any sense.

Dr. Troy Meink, Secretary of the Air Force

Fellow Dakotan and U.S. Air Force Secretary Dr. Troy Meink met with me before his upcoming budget hearing. We talked about both the challenges and opportunities ahead of us. North Dakota plays a central and growing role in the Air Force’s mission.

CEO of BNSF Railway Company Katie Farmer

BNSF Railway is the largest rail operator in North Dakota, with over 1,600 miles of track across the state. I met with CEO Katie Farmer for an update on BNSF’s efforts to ensure reliable service for shippers during the upcoming harvest season.

David Solomon, CEO of Goldman Sachs

Thanks to Goldman Sachs CEO David Solomon for meeting with me to talk about Trump savings accounts and reconciliation.

Edison Electric Institute

Edison Electric Institute leadership met with me to discuss permitting reform, reconciliation, and prioritizing reliable electricity in the One Big Beautiful Bill Act.

North Dakota Propane Gas Association

The North Dakota Propane Gas Association members provide a critically important resource to families and businesses across our state. I appreciate the work they do to keep it affordable and reliable.

Keith Creel, CEO of Canadian Pacific Kansas City

Thanks to CPKC CEO Keith Creel for meeting with me to provide an update on their operations in North Dakota—a strong reminder of how essential rail is for connecting the prairie to the ports and keeping cross-border trade on track.

Jay Faison, Founder of ClearPath

Founder of ClearPath Jay Faison and I discussed the importance of getting our energy policy right. We need innovative, abundant, reliable solutions to meet our electricity demands!

North Dakota Association of Builders

Members with the North Dakota Association of Builders were in Washington to discuss homebuilding challenges facing their industry and the importance of making the pro-business policies from President Donald Trump’s Tax Cuts and Jobs Act permanent.

FAA Awards $2.3 Million for Projects at North Dakota Airports

The U.S. Department of Transportation (DOT) Federal Aviation Administration (FAA) announced an award of $2,325,638 through the Airport Improvement Program (AIP) for projects at several airports across North Dakota. The funding will be distributed to the following:

• $940,880 for the Minot International Airport to replace existing snow removal equipment including one carrier vehicle with front blade, undercarriage blade, and rear mounted deicing attachments.
• $900,000 for the Jamestown Regional Airport Authority to reseal 5,219 feet of the existing Runway 4/22 pavement and joints, and to reseal 1,706 feet of the existing Taxiway E pavement to extend its useful life.
• $300,000 for the Gwinner Municipal Airport Authority to reseal 4,266 square yards of the existing East Apron pavement and joints, to reseal 9,605 square yards of existing the West Apron pavement and joints, and to reseals 5,220 feet of the existing Runway 16/34 pavement and joints.
• $184,758 for the Bottineau Municipal Airport Authority to do design work on its project seeking to reconstruct 200 square feet of its existing terminal.

The FAA’s AIP provides funding to airports nationwide for planning, capital, and safety enhancement projects.