August 24, 2018: DNR AHC Turf War - McDowell PAC Switch-a-roo - Committee Chair Talk and more...

Turf War: DNR Sues AHC

On Tuesday, the Department of Natural Resources sued the Administrative Hearing Commission in an extraordinary case of an executive branch fight going to court. This all started with a permit…

DNR issued a permit for a CAFO (Concentrated Animal Feeding Operation, allowing the number of animals to exceed the previous 999 limit.  It was met with opposition.  See a news article here.   And about a month later it was formally challenged by neighbors, including a group that organized as Lone Jack Neighbors for Responsible Agriculture, LLC.  See their website here.

They appealed DNR’s issuance of a permit to the AHC which found in their favor and issued a stay of the permit.  DNR’s crying foul.

From the suit: “[T]he Stay Order invaded the authority that the Missouri legislature reserved to the Clean Water Commission...  In 1978, the Missouri legislature granted the AHC authority to

issue a stay of certain administrative actions. § 621.035, RSMo (1978). At this time, the AHC had no jurisdiction over Missouri Clean Water Law cases. In 2005, the Missouri legislature vested the AHC with jurisdiction to hear administrative appeals and issue recommended decisions to the Clean Water Commission pursuant to the Missouri Clean Water Law,

§ 621.250.1, RSMo.  However, the Missouri legislature did not grant the AHC authority to enter final decisions in these cases. Instead, that authority remains with the Clean Water Commission… If the Department had instead denied the permit, surely the AHC would not

presume it could grant a permit pursuant to its authority to maintain the status quo through a stay… The AHC is vested with no more statutory authority in Clean Water Law cases than to hear evidence and issue a recommended decision to the Clean Water Commission. It has no authority to issue or revoke permits… By effectively revoking or voiding the Permit, the AHC exceeded its statutory authority by going beyond its authority to merely hear evidence and recommend a decision to the Clean Water Commission…”

 

Handicapping Committee Chairs

The resignation of Robert Cornejo has added fuel to the chattering class anxious to know who the next committee chairs will be in the House.

With term limits removing some chairs, and a new speaker and the associated probability of some reconfiguration of committees, there are a number of question marks.

I’m told that Speaker-elect Elijah Haahr has been cautious not to make promises, and they say nothing is in stone.

But five names seem to surface as being folks that Haahr trusts.  They will presumably find their way into positions of some prominence in the upcoming session: Reps. Jean Evans, Rocky Miller, Dean Plocher, Holly Rehder, and Cody Smith.

 

No Recount in House 21

Word is that Dan O’Neill will not ask for a recount.  He lost the Democratic primary in House 21 to Robert Sauls by 33 votes.

 

McDowell and the Calendar

I was with some lobbyists yesterday and the topic of the election calendar came up.  Specifically, has Saundra McDowell passed the point where she can withdraw and her name be removed from the ballot. 

The statutes are a little confusing, but after some consultation, I’m told the “drop dead date” is not the 10th Tuesday before the election (this past Tuesday), but rather the 6th Tuesday before the election.  In other words, there’s still time.

I believe this is the statute upon which that interpretation relies.

*115.359.  Withdrawal of candidacy, deadline for, how made. —

  2.  Except as provided for in section 115.247, if there is no additional cost for the printing or reprinting of ballots, or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed or is nominated for an office may, at any time after the time limits set forth in subsection 1 of this section but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court in the county of such candidate's residence.  No withdrawal pursuant to this subsection shall be effective until such candidate files a copy of the court's order in the office of the official who accepted such candidate's declaration of candidacy.

 

McDowell PAC Switch-a-roo

The first PAC established to support Saundra McDowell, Olympus Political Action Committee, was terminated earlier this week.  It had only raised $1,000 from one donor and it passed that money to McDowell.

In its place a new PAC has been formed, Accountability PAC. Its treasurer is Thomas Dale Replogle.  He’s also treasurer of Lincoln PAC. 

 

Bits

Press release: Missouri Attorney General Josh Hawley today announced that his office has launched an independent review of the Archdiocese of St. Louis regarding allegations of sexual abuse by clergy members. This comes after the Archdiocese agreed to voluntarily cooperate with the Attorney General’s Office… In Missouri, jurisdiction for crimes of this nature lies with the elected local prosecutor. However, because the Archdiocese has agreed to voluntarily cooperate, the Attorney General’s Office will be able to conduct an independent review for the purpose of public transparency and accountability.

 

Chuck Hatfield was been named chair of Stinson’s Financial Services and Class Action Litigation Division.  See it here.

 

Events

Saturday

Friends of Nick Schroer's 3rd Annual Trivia Night at Firefighter's Hall in St. Peters - 5:30PM.

BBQ with Bill Heisse (GOP, House 92) at Officer Blake C. Snyder Memorial Park – 11AM.

Sunday

Ice Cream Social & Campaign Fundraiser for Kevin Corlew at Barry-Platte Park – 5PM.

 

New Committees

Accountability PAC was formed.  Its treasurer is Thomas Dale Replogle.

UFCW Active Ballot Club – Missouri Federal Committee was formed.  It’s a PAC.  Its treasurer is Daniel Telle.  

John Callahan formed a candidate committee (Citizens for Callahan) to run for St. Charles Elections Director as a Democrat.

 

Lobbyists Registrations

Thomas Robbins and Steven Tilley added Wolf PAC and SBR Anesthesia Associates Inc.

Josh Schisler added Access Dental & Dentures, Hemp Life, and Patrick Welch.

 

$5K+ Contributions

Living Well PAC - $24,500 from MARF.

Property Casualty Insurers Association of America Political Account - $115,252 from Property Casualty Insurers Association of America.

Majority Forward - $10,000 from Friends for Gina Walsh.

Missouri Senate Campaign Committee - $10,000 from Monsanto Company.

Missouri Senate Campaign Committee - $10,000 from AGC of MO PAC.

House Republican Campaign Committee - $22,000 from Friends of Robert Cornejo.

House Republican Campaign Committee - $60,000 from Friends of Todd Richardson.

Find the Cures - $85,696 from Bradley Bradshaw.

 

Birthdays

Happy birthdays to Bob Holden, Rep. Dan Stacy, and International Institute’s Anna Crosslin.

Saturday: Rep. Josh Peters.

Sunday: Ray Salva, Robert Butler and Anne Zerr.