2024 Utah Political Questionnaire - Attorney General
Published
6/24/2024
The following questions were asked of Republican Primary candidates for Attorney General. Responses were received for Frank Mylar and Rachel Terry, but not for Derek Brown.
The Utah Farm Bureau Federation is asking candidates for the Utah Attorney General race, along with the U.S. House & Senate primaries, to provide responses to issues likely to impact farmers and ranchers and rural communities in Utah over the next few years.
The candidates featured are from the 2024 Republican Party Primaries for Attorney General. There were no democratic primaries in this statewide race. Utah Farm Bureau does not endorse candidates, and simply provides these answers to questions to help voters when making election decisions. In some instances, campaigns did not respond to the questionnaire. Utah Farm Bureau will attempt to provide updated questionnaires once candidates are decided for the general election.
ENDANGERED SPECIES ACT
Privately owned land provides habitat for the majority of our nation’s endangered and threatened species. As a result, landowners often face harsh regulatory restrictions on their ability to use the land or, worse, lawsuits or enforcement actions. Meanwhile, few species have actually been recovered under the law.
Is it time to think about incentive-based programs that create a positive role for landowners in species recovery? What recommendations do you have for reforming the Endangered Species Act, and what role would you assign America’s landowners?
Terry: I am personally committed to supporting the agriculture industry in Utah. I recognize the value it brings to every Utahn and the entire country.
It is time for regulatory reform for the Endangered Species Act. It is having an adverse impact on agriculture, energy, and transportation with poorly demonstrated benefits for the species identified. For example, we know that the reintroduction of wolves has impacted ranchers even though they were promised there would not be any such impact.
As the Utah Attorney General, my role will be to litigate cases under the Endangered Species Act. I am committed to that work. To do that effectively, I will work with landowners, the Utah Farm Bureau, county commissioners, the Governor, the Legislature, and other Republican Attorneys General across the West. I will also work with our federal delegation to support their efforts for reform.
Mylar: Private property should not be controlled by the feds, period. I will side with the private landowner in fighting these battles. I oppose the federal government telling us what to do with our land, and I despise having to ask the feds for “permission” to use what are supposed to be Utah lands. Simply put, the federal government should never tell private property owners how to use their lands. Regarding the federally controlled lands in Utah, the only true way out of the federal regulatory trap is to get the feds to deed or remand control of land within our boarders to be Utah lands, under Utah control. The endangered species act has been used by environmentalists to prevent numerous lawful activities on land inside our state boarders, both private lands and public lands.
As your next Attorney General, I vow to join in all fights to stop federal control of private lands, from restricting lawful use of land within our boarders. I also oppose federal ownership of Utah lands. This is why I filed a United States Supreme Court brief in support of the Seven Counties fighting overreaching environmental regulations. (Seven County Infrastructure Coalition v. Eagle County, Colorado, Case No. 23-975) to help fight overly protective environmentalist agendas that are preventing or hindering the use our natural resources on Utah lands.
I further do not think that the federal government should ever tell ranchers that their cattle and ranching are incompatible with environmentalists’ goals and desires. The feds give every deference to environmental laws, to the harm of farmers and ranchers. It is high time our state act to protect our ranchers and farmers. I will vow to join into any suit where the feds are trying to put unreasonable restrictions on farmers and ranchers, including administrative regulatory actions.
REGULATORY REFORM
All Americans have an interest in a regulatory process that is transparent and fact-based, respects the will of Congress, and observes the separation of powers in the Constitution. Federal regulations have a direct impact on farmers and ranchers, and over the years, the breadth and extent of that regulatory landscape have changed.
What actions would you take to ensure that the federal government’s regulatory burden on businesses such as farming and ranching is consistent with congressional intent? Would you support regulatory reform to ensure that federal regulations meet a cost/benefit test and make the process of writing new regulations more transparent, and if so, how?
Mylar: I had the opportunity to fight federal regulations when I was in the Attorney General’s Office for over 12 years. I specifically refused to authorize and approve of federally funded state contracts that were not supported by, or contrary to Congressional statutes. I will not let businesses, farmers, and ranchers fight this battle alone. I will join in suits where the feds try to control Utah citizens. I will also encourage the Legislature to pass laws to help in this battle because sometimes the feds take over because the state has not legislated in certain respects. It will be my pledge to help fight nearly all regulation of lands and citizens within this state. I don’t want an isolated rancher or farmer, feeling like they are all on their own, when fighting the feds. This is a statewide issue that the AG must fight. The feds will think twice about beating up on rural businesses and families if they know that the AG will get involved to protect their rights.
Terry: Federal overreach has had a huge impact on the agriculture industry in Utah. I am going to fight federal overreach through the courts as your attorney general. That means bringing lawsuits against the federal government to fight regulations that are locking Utahns out of public lands. It includes litigation over the Antiquities Act, the Endangered Species Act, and so much more.
If the U.S. Supreme Court rules as we hope it will to overturn the Chevron deference, which gives federal bureaucrats almost unlimited power, I will be able to achieve significant reforms through litigation. I will bring lawsuits to stop federal overreach/regulations that are harming our agriculture industry.
The issue of federal overreach became more personal as I have talked to farmers and ranchers in Kane and Garfield counties who are losing their ranches because of the changes in access to grazing permits and public lands. When we lose ranches, we lose those communities and businesses that support ranching. I will fight to protect our rural economies.
AGRICULTURAL LABOR
Farmers and ranchers need a reliable, skilled workforce. Farm work is challenging, often seasonal and transitory, and with fewer and fewer Americans growing up on the farm, it is becoming increasingly difficult to find American workers attracted to these kinds of jobs. Farm labor can’t all be replaced by machines, either.
What role can the Attorney General play in addressing the critical labor shortages that many farmers and ranchers face each year?
Terry: Agricultural labor needs are directly tied to the immigration crisis happening right now. We need reforms that will allow farmers and ranchers to have the labor they need. That starts with addressing the failure of the Biden administration to secure the border. I will work with Texas Attorney General Ken Paxton, who has endorsed me in this race, to fight failed border policies. With a secure border, we can focus on bringing in those who want to work on Utah’s farms and ranches.
As your Attorney General, I will be accessible and available to meet with farmers and ranchers. I want to know about what is happening in the industry and in their communities so I will know how to effectively support them.
Mylar: The AG is not a legislator and cannot make or pass laws. However, I can have a favorable impact on passing good laws and preventing bad laws from being passed. Regarding farm workers, I grew up in rural Washington state, where migrant farm workers came and lived on the farms only during the harvest season. Many were legally from Mexico. That is a far cry from the illegal nonsense we have now at our border, with people from all over the world with no job connections at all. However, these people worked hard, picking apples, peaches, and various fruits. Vetted migrant farm workers should be allowed as they always return to their countries after the harvest. If labor cannot supply the needed workers, this should always be an option.
PUBLIC LANDS
The federal government often changes policies regarding the management of public lands that impact agriculture and the multiple-use principle of public lands. More than 2/3 of Utah is public land in one form or another.
What will you do in your office to ensure that public lands can be used for the multiple uses they are designed for, including agriculture?
Mylar: First, as stated in point one, I will never stop fighting this issue until substantial percentages of our land are deeded back to Utah. We missed a golden opportunity in 2016 and our politicians were asleep at the wheel. If Trump is elected and we have a GOP Congress in 2024, I will personally push to deed most of the 67% of Utah federal lands to Utah ownership and control. Further, if that does not happen, I will push for priority for ranchers and farmers’ use of the land. That should be considered one of the highest uses of our land within our state. I will join in private fights that ranchers and farmers have with the feds. I am praying that the Chevron Deference doctrine is overturned because that will give me a strong basis to stop federal control of our lands through various administrative rules and regulations that do not serve the people.
Ranchers and Farmers should have full use of the land they have always used. Sheriffs should enforce the law on every square inch of their respective counties. Counties should be able to maintain and build roads across what is considered now as federal land. The federal government should not prevent the maintenance of roads. Finally, recreation should always be allowed unless there is a clear and convincing reason to show it is permanently harming the environment.
Terry: The federal government’s change to rules to make non-use a use is nonsensical and unacceptable. Public lands are meant to be available for multiple uses. This is a cause I am willing to fight in the U.S. Supreme Court. We must keep lands in Utah accessible and available to Utahns.
I will fight to protect grazing permits, access to trails, and access to mining. That is the only way we can have a robust economy that supports Utah’s food and energy needs.
I love the agricultural industry and I want to work to support them in every way available to me. Call me if you want to discuss your specific issues, at 801-520-2414.
GENERAL
Outside of agriculture, what are some of your main issues that you hope to address if elected?
Terry: First, I will build trust and transparency in the Attorney General’s Office. I will be the most accessible and transparent Attorney General we have ever had. I will focus on the work and nothing else.
I am an experienced litigator and have handled some of the most complex cases in the State’s history. Now, I run a state agency where I oversee a large team of attorneys and professionals whose sole responsibility is to protect Utahns.
I want to focus on fighting federal overreach in public lands, energy, and education. As someone who has handled numerous Title IX cases, I will fight the Biden administration’s changes to Title IX that undermine the intent and purpose of Title IX.
I am also committed to protecting children and the elderly. Children are being harmed by social media and online predators. That is why it is important to have an Attorney General who has never represented social media companies, which I haven’t. I will also work to combat financial fraud that is regularly perpetrated against the elderly.
Finally, I am focused on supporting law enforcement. I have been endorsed by the Fraternal Order of Police and sheriffs and county attorneys across the state because they know I know how to keep Utahns safe.
Mylar: I will fight Federal encroachment as it relates to lands and, as stated, I will never give up fighting, with a full court press, federal regulations on land use within our borders for farmers, ranchers, recreation, road maintenance, and law enforcement. However, there are other forms of federal encroachment: The Feds (DOJ) trying to run and manage our schools and our prisons and jails, with sexual confusion nonsense. We need an AG who is not afraid to fight these federal agendas relating to schools, prisons, and jails. I will further fight to protect women/girls, sports/bathrooms/showers, without any exceptions. We need to shine the light on our women and girls, who have far more rights at stake when a boy enters their bathrooms/showers or plays in their sports. I will fight aggressively the Title IX changes of the Biden Administration. I will further bring in the Alliance Defending Freedom to help us fight these battles and they will not cost the state a dime. I will join the fight to protect our schools from sexual confusion.
I will further fight this “de facto” sanctuary state nonsense. Biden and New York dump illegal aliens in our state and we do nothing about it. I will work with the Legislature and our sheriffs to arrest anyone transporting an illegal alien into this state. Then I will help coordinate rounding up the illegals who were dumped here and send them back to New York. Then we will be a constitutional state that puts its citizens first and not a de facto sanctuary state.