Rutledge, AARP Conduct Fraud Prevention Tele-Town HallWed, Apr 1, 2015
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge and AARP Arkansas today announced that a Tuesday-evening fraud prevention tele-town hall was conducted with Arkansans from across the State. Maria Reynolds-Diaz, AARP Arkansas State Director, hosted the call. Rutledge and AARP fraud expert Rosa Maymi, who spoke about AARP’s Fraud Watch Network, joined her.
“Millions of Americans fall victim to scams each year and, unfortunately, a disproportionately high number of those who are taken advantage of are seniors,” said Attorney General Rutledge. “As Attorney General, it is critical that I raise awareness with Arkansans about con artists and offer tips for how to recognize scams. I was proud to join with AARP’s tele-town hall, which afforded me the ability to speak with a large number of Arkansans about identity theft, bogus IRS calls, fake sweepstakes calls and e-mail scams, just to name a few.”
“We appreciate Attorney General Rutledge joining us and 12,000 Arkansans for our tele-town hall to answer questions and share information on how to spot and avoid scams, con artists and fraud,” said AARP Arkansas State Director Maria Reynolds-Diaz. “Thanks also to the Attorney General’s office for all their hard work to protect consumers from financial predators.”
The call lasted one hour and nearly 12,000 participated.
More information on how to protect yourself and your family from fraud is available from the Attorney General’s website at www.ArkansasAG.gov or the AARP Fraud Watch Network at www.aarp.org/fraudwatchnetwork. The Attorney General’s Consumer Protection Division hotline number is (800) 482-8982 and the AARP Fraud Watch Network helpline is (877) 908-3360.
Rutledge Statement on the Passing of Former Congressman John Paul HammerschmidtWed, Apr 1, 2015
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today released the following statement after learning of the passing of former Congressman John Paul Hammerschmidt:
“I am heartbroken by the news that my dear friend and campaign chairman in my race for Attorney General, Congressman John Paul Hammerschmidt, has passed away. The Congressman has served as a mentor and friend to not only me, but countless Arkansans. His challenge to public officials that they should ‘represent all Arkansans, not just the ones who voted for you’ is a testament to his character and words that help guide me daily. For 26 years, Congressman Hammerschmidt represented Arkansas’s Third Congressional District, and even upon his retirement remained active and involved in major issues to help grow the State for future generations.
“Congressman Hammerschmidt was a true public servant and constant ambassador for the State of Arkansas. My thoughts and prayers are with the Congressman’s numerous family members and friends, and the people of the Third District who he represented with consummate humility and integrity.”
Rutledge Files Suit Against the U.S. Department of Labor; Federal Court Grants InjunctionThu, Mar 26, 2015
Federal agency attempted to use the FMLA to legalize same-sex marriage nationwide via executive rulemaking
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge announced today that the State has joined Texas, Louisiana and Nebraska in a federal lawsuit against the U.S. Department of Labor over the agency’s promulgated rule that changes the definition of the term “spouse” under the Family and Medical Leave Act (FMLA) to adopt same-sex marriage nationwide. Rutledge released the following statement:
“The federal government should not, and in fact cannot, interfere with state sovereignty over domestic relations. Arkansas law is supreme in the realm of domestic relations and marriage, and only the courts can force states to change their marriage definitions. In Arkansas, the definition of marriage is between one man and one woman. The federal court in Texas should put a stop to this unconstitutional and unlawful Labor Department rule without delay.”
As explained in the complaint, the Labor Department’s regulation is unconstitutional because it interferes with state law governing marriage. The rule also violates federal law, encroaches upon the States’ federally-protected sovereign immunity and unlawfully attempts to legislate nationwide same-sex marriage via executive agency rulemaking.
Late today, the federal court in Texas granted the states’ request to enjoin the Labor Department’s rule.
“I am pleased the Texas court agreed with Arkansas and the other states, and granted the injunction, stopping this rule from moving forward,” said Attorney General Rutledge.
The proposed rule from the Labor Department attempts to force states and employers nationwide to recognize same-sex marriages in direct violation of state laws in Arkansas, Texas, Louisiana, Nebraska and other states.
Rutledge: The EPA’s Proposed WOTUS Rule is ‘Complicated, Overreaching and Infringes on States’ Rights’Tue, Mar 24, 2015
In testimony before the Senate Agriculture Committee, Attorney General Rutledge says, ‘My office will pursue all legal challenges necessary to prevent an unlawful rule from impacting the State of Arkansas.’
WASHINGTON, D.C. – Arkansas Attorney General Leslie Rutledge today appeared before the U.S. Senate Committee on Agriculture, Nutrition and Forestry to offer testimony and respond to member’s questions on the Environmental Protection Agency’s (EPA) “waters of the United States” (WOTUS) proposed rule.
“WOTUS expands the Clean Water Act beyond the intent of Congress and adds greater confusion and uncertainty for the agriculture community. As the first conservationists protecting the land and water, farmers and ranchers want to follow the law, but this proposal simply goes too far. My office has urged the agencies to withdraw the rule and will pursue all legal challenges necessary to prevent an unlawful rule from impacting the State of Arkansas,” Rutledge said.
A copy of Rutledge’s written testimony is available here.
Rutledge’s remarks are below, as prepared for delivery:
Good Morning, Chairman Roberts, Ranking Member Stabenow, members of the Committee. I am Leslie Rutledge, Attorney General of Arkansas. It is an honor to appear before this committee that includes my own Senator John Boozman. As Arkansas’s Chief Legal Officer, I wish to raise concerns with the proposed rule to amend the definition of “waters of the United States” under the Clean Water Act, and the practical effects this unlawful expansion of federal jurisdiction will have on the Delta farm region in east Arkansas and the timber industries of the southwest. I grew up on a cattle farm near Batesville close to the White River, and understand the impact this proposed rule would have on agriculture.
The Clean Water Act achieves its regulatory goals through jurisdiction over “navigable waters,” which it defines as “waters of the U.S.” The EPA and the Corps of Engineers have attempted to define and interpret “waters of the U.S.” through regulation. Often, the agencies’ interpretation was applied too broadly and was struck down by the U.S. Supreme Court.
Recently, in the Rapanos case, a test emerged that requires the water or wetland in question to possess a “significant nexus,” or connection, to traditionally navigable waters. The agencies assert that the proposed rule is necessary to clarify the test. But nothing in the proposed rule offers clarity. Instead, it is complicated, overreaching and infringes on states’ rights.
First, the proposed definition of “tributary” goes beyond the “significant nexus” test. In Rapanos, Justice Kennedy stated that the Clean Water Act would not apply to drains, ditches, and streams remote from any navigable water and carrying only minor water volumes toward it. However, the agencies expand the definition of tributary to include waters that contribute flow whether directly or through another source.
Even a trickle or roadside ditch can be characterized as “flowing water.” An irrigation canal running through farmland to a local creek could be covered under the proposed rule in direct contradiction to Kennedy’s holding.
Second, the proposed “case-specific” determination of what qualifies a “significant nexus” is vague and ambiguous causing confusion and extra costs for states and business owners. The Supreme Court has stated that administrative rules cannot be so vague that they fail to provide a reasonable opportunity to understand what is prohibited.
The vague terms used in the proposed rule would confuse a “reasonable” person. Farmers and business owners should not have to wait until faced with a penalty to learn that the stream or wetland on their property now falls under the Clean Water Act. Regardless of size, no farm or ranch can operate under such conditions.
At the same time as this rule was proposed, the agencies released an “interpretive rule” to clarify “normal farming practices.” The Delta Region is home to advanced cutting-edge farming technologies that are not considered “normal” in other parts of the country, but provide benefits to our farmers, and the environment through efficient use of water and fertilizer. Although the rule was withdrawn, it is an example of the EPA attempting to arbitrarily expand the Act without public notice and comment.
The scope of the proposed rule will have negative impacts on Arkansas beyond the legal arguments. In 2012, agriculture added over $20 billion to the Arkansas economy. That’s eighteen (18) cents of every dollar of Value Added, one in every six jobs. Arkansas is first in rice production, third in cotton, fifth in timber and tenth in soybeans and grain. Clearly, overreaching administrative rules would put this sector of our economy in jeopardy.
As the first conservationists protecting the land and water, farmers and ranchers want to follow the law. Restrictive and confusing administrative rules will inhibit their ability to farm and drive future generations out of agriculture; ultimately impacting the food supply of all Americans. My office has urged the agencies to withdraw the rule and will pursue all legal challenges necessary to prevent an unlawful rule from impacting the State of Arkansas.
Thank you again Mr. Chairman for the opportunity to appear before you today. This concludes my testimony, and I am happy to answer any questions you or the other members of the Committee may have.
Rutledge Accepts Invitation to Testify Before Senate Committee on Agriculture, Nutrition and ForestryFri, Mar 20, 2015
WASHINGTON, D.C. – Arkansas Attorney General Leslie Rutledge announced today that she has accepted an invitation to appear on Tuesday, March 24, before the U.S. Senate Committee on Agriculture, Nutrition and Forestry for a hearing on the Environmental Protection Agency’s (EPA) “waters of the United States” (WOTUS) proposed rule. Rutledge released the following statement:
“It is an honor for me to accept the invitation of Chairman Pat Roberts to appear before the Senate Committee on Agriculture, Nutrition and Forestry. While the EPA and the U.S. Army Corps of Engineers have repeatedly offered assurances that agriculture stakeholders need not worry about the scope of the proposed definition of ‘waters of the United States,’ the agriculture community in Arkansas is worried that everyday tasks such as plowing and the appropriate application of pesticides and fertilizer will subject them to federal jurisdiction under the Clean Water Act. Any farmer or rancher who has flowing water, regardless of size, through their land would be covered under the proposed rule and thus in potential violation of law.
“In 2012 alone, Agriculture added $20.1 billion to the Arkansas economy, but farmers, like those in the Arkansas Delta, are facing new challenges every day to help feed consumers at home and abroad. This proposed rule has caused widespread concern, and I commend the Committee for examining its impact.”
On April 21, 2014, the EPA and the Corps published a proposed rule to amend the definition of “waters of the United States” under the federal Clean Water Act (CWA). This rule purports to clarify the agencies’ regulatory jurisdiction under the CWA based on rulings in several U.S. Supreme Court cases.
The hearing will include two panels of witnesses. Rutledge will appear on the first panel which, will also include Dr. Donald van der Vaart, Secretary of the North Carolina Department of Environment and Natural Resources; Susan Metzger, Assistant Secretary of the Kansas Department of Agriculture; and Josh Baldi, Regional Director of the Washington State Department of Ecology.
The hearing, which is open to the public, is scheduled to begin at 9 a.m. CT. A live video stream, provided by the Committee, will be broadcast here.
Arkansas’s senior U.S. Senator John Boozman is a member of the Committee and is currently the chairman of the Subcommittee on Commodities, Markets, Trade and Risk Management.
Rutledge Announces Pulaski County Man Pleads Guilty to Child Pornography ChargesThu, Mar 19, 2015
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge announced today that a Pulaski County man has pleaded guilty to child pornography charges and has been sentenced to 20 years in the Arkansas Department of Correction on five counts of distributing, viewing or possessing sexually explicit conduct involving a child, a Class C felony. Rutledge released the following statement:
“As Arkansas’s chief law enforcement officer, I will not allow Arkansas’s children to be preyed upon by online predators. I appreciate the hard work of the Cyber Crimes Unit in my office and the Jacksonville Police Department for conducting a thorough investigation to make sure this individual does not continue to exploit children.”
David Raymond West, 70, of Jacksonville pleaded guilty and was sentenced today by Pulaski County Circuit Judge Leon Johnson. West will be required to register as a sex offender.
Agents with the Attorney General’s Cyber Crimes Unit arrested West in Nov. 2013 after executing a search warrant at West’s residence. Agents conducted a forensic exam on West’s computer and found evidence that he downloaded and viewed child pornography.
The Jacksonville Police Department assisted in the arrest and investigation.