WIMS Blogs Nominated For Prestigious LexisNexis Award

Jan 27: Waste Information & Management Services, Inc. (WIMS) is pleased to announce that three of our environmental information blogs -- eNewsUSA, Environmental Appeals Court, and Great Lakes Environment -- have all been nominated for prestigious recognition by LexisNexis Environmental Law & Climate Change Community (ELCCC). LexisNexis is a leading global provider of content-enabled workflow solutions designed specifically for professionals in the legal, risk management, corporate, government, law enforcement, accounting, and academic markets. LexisNexis provides customers with access to billions of searchable documents and records from more than 45,000 legal, news and business sources.

 

    According to an announcement of the nominations from LexisNexis, "The environmental law and climate change practice area is part of an evolving phenomenon that is being touted in some circles as the next Rule of Law. Nowhere is this global renaissance more apparent than the blogosphere, which has spawned a surprisingly large (and growing) number of blogs in every conceivable niche category. For the first time, this Community will recognize the thought leaders who share their expertise -- and their divergent points of view -- with the online world by awarding an honorary designation to the Top 50 Blogs for Environmental Law & Climate Change. As many of you know, there are blogs, and then there are blogs. As we consider blogs for membership in ELCCC's Top 50, we look for timely topics, quality writing, frequent posts and that certain something 'extra' that keeps a web audience coming back for more. Our readers have come to expect nothing less, and we wouldn't have it any other way."

 

    An initial list of nominees for ELCCC's Top 50 blogs for 2011 is included in the announcement (see link below). The announcement indicates that the top blogs campaign will move ahead in several phases. A comment period has begun and extends until February 14, 2011. Following the comment period, ELCCC staff will select the Top 50 Environmental Law & Climate Change Blogs for 2011. Thereafter, the matter will be put to a vote of the Environmental Law & Climate Change Community to pick the Top Blog of the Year.

 

    ELCCC indicates that "if you want to nominate a new blog or say what you think about an existing nominee, you'll have to post a comment. It's easy and only takes a minute." To comment, users must register for a free account and then access the ELCCC Top 50 blogs announcement page (see link below). Scroll down to the bottom, past the listing of all nominees, fill in name, type comment in the box and press "Add." Comments will appear a few seconds later. Remember: the comment period for nominations closes on February 14 2011. WIMS encourages subscribers and readers to post a comment regarding our blogs.

 

    WIMS is honored to be included among a very select group of blogs nominated including those published by (for example): Many distinguished law firms and attorneys from around the country; The New York Times; United States Environmental Protection Agency; The Environmental Defense Fund; Earthjustice; Erin Brockovich; Natural Resources Defense Council; Pace Law School; The Western Wildlife Conservancy; The Endangered Species Coalition; Defenders of Wildlife; International Fund for Animal Welfare; The Humane Society of the United States; American Rivers; The Clean Air Watch; and UC Berkeley School of Law and UCLA School of Law. The complete list of nominees is included on the 50 blogs announcement page (see link below). 

 

    Access the LexisNexis ELCCC 50 blogs announcement page (click here). Access eNewsUSA (click here). Access Environmental Appeals Court (click here). Access Great Lakes Environment (click here).

 

THE REST OF TODAY'S NEWS
- Five Meetings On GHG Regs For Power Plants & Refineries
- Senate Hearing On BP Commission Report & Oil/Gas Drilling
- Chairman Upton Statement On NRC Delays In Plant Licensing
- Groups Say 123 House Members Are Supporting Anti-EPA Bills
- USDA's On-Farm Energy Audit/Implementation Initiative
- EPA Wants Comments On Vapor Intrusion At Superfund Sites
- EPA Environmental Justice Small Grants Opportunity
- Northern California River Watch v. Wilcox
- Precon Development Corporation v. US Army Corps  

(Click here for details)

Dems & GOP Settle On Senate Rules Reform Package

Jan 27: According to an announcement from Senate Majority Leader Harry Reid (D-NV), Democrats and Republicans have reached an agreement on a rules package that includes a pledge by Minority Leader Mitch McConnell (R-KY) not to use the so-called "constitutional option" to seek to change Senate rules "in this or the next Congress." The "constitutional option" would allow the Majority Leader to call for a simple majority vote to approve a Senate Rule change [See WIMS 1/7/11].

 

    Senator Reid said, "We are making these changes in the name of compromise, and this agreement itself was constructed with the same respect for mutual concession. Senator McConnell and I both believe that our reverence for this institution must always be more important than party. And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate -- that is, the so-called 'constitutional option' -- and he won't in the future. The five reforms we are making, however, are significant. They will move us five steps closer to a healthier Senate."

    Under the terms of the agreement the Senate will hold votes on:

• Eliminating secret holds, including the right of senators to pass their secret holds to another anonymous senator to keep a rolling secret hold;
• Eliminating the delaying tactic of forcing the reading of an amendment that has already been submitted for 72 hours and is publicly available;
• Legislation to exempt about 1/3 of all nominations from the Senate confirmation process, reducing the number of executive nominations subject to Senate delays, which will be scheduled at a future date under the terms of an agreement reached by Sens. Mitch McConnell and Lamar Alexander, Homeland Security and Government Affairs Chairman Joe Lieberman and HSGA ranking member Sen. Susan Collins, along with Sens. Reid and Chuck Schumer.

    In addition, in a colloquy entered into the record: Sen. McConnell agreed not to use the constitutional option to seek to change Senate rules "in this Congress or the next Congress." [and] Sen. McConnell agreed to reduce use of the filibuster on motions to proceed and Sen. Reid agreed to reduce the use of "filling the tree" to block all amendments.

    Senator Chuck Schumer (D-NY) said, "While we didn't get everything we wanted to, the Senate will be a significantly better place with these changes. As a result of this agreement, there should be more debate, more votes and fewer items blocked by a single senator or a small minority of senators. Make no mistake about it: this agreement is not a panacea, but it is a very significant step on the road to making the Senate function in a better, fairer way. This would not have been possible without the continued insistence on change by Senators Tom Udall, Jeff Merkley and Tom Harkin [See related article below]. Their push to establish the Jimmy Stewart-style filibuster, which would require senators to actually hold the floor if they want to block a bill, is one I hope will be accepted by the other party in the future."

 

    Senator Reid said, "Our ability to debate and deliberate without the restraints of time limits is central and unique to the United States Senate. It's supposed to be that way.  It's in our DNA.  It's one of the many traits intentionally designed to distinguish this body from the House of Representatives, and from every other legislative body in the world.  It has always been central to the Senate, and it always should be. But when that arrangement is abused, we have to do something.  Not merely in the name of efficiency, or for the sake of a political party's fortunes in the next election.  We have to act because when abuses keep us from doing our work, they deter us from working together, and they stop us from working for the American people.  And within these four walls, it degrades the relationships that make the Senate run."

 

    Senator Reid provided a lengthy account of some of the recent abuses of Senate rules and the reasons identified many reasons why observers are saying the Senate is broken. He concluded saying, ""I know some want us to go even further.  There are just as many arguments for not going so far.  But remember this: We are making these changes in the name of compromise, and this agreement itself was constructed with the same respect for mutual concession. Senator McConnell and I both believe that our reverence for this institution must always be more important than party.  And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate -- that is, the so-called 'constitutional option' – and he won't in the future. The five reforms we are making, however, are significant.  They will move us five steps closer to a healthier Senate."

 

    Access the complete announcement and statement from Senator Reid (click here).

 

THE REST OF TODAY'S NEWS
- Broken Senate Rules Have Stopped Efforts To Reform Them
- The Debate Begins On Regulatory Reform & Executive Order 13563
- More Details & Budget Clues On President's SOTU Message
- Environmental Groups Reaction To President's SOTU Message

(Click here for details)

SOTU: "Sputnik Moment" 80% Green Energy By 2035

Jan 25: President Obama in his State of the Union message called for some major actions including a major focus on job creation; a commitment to address the immigration issue; investments in education; simplifying the tax code; reducing the corporate tax rate; freezing Federal spending for 5 years; ending earmarks; and developing a proposal to merge, consolidate, and reorganize the Federal government. And, he spent a considerable amount of the speech talking about clean energy and rebuilding infrastructure. He reset some new national goals and called for 80% of America's electricity to come from clean energy sources by 2035; a million electric vehicles on the road by 2015; and 80% access to high-speed rail by 2035. Notably absent was any direct mention of the climate change issue or the word "environment." And, in the wake of yesterday's announcement that the so-called "climate czar" Carol Browner would be leaving, when White House Senior Adviser Valerie Jarret was asked about filling the position, she was noncommittal.

 

    Specifically, on energy related matters the President said, "Sustaining the American Dream has never been about standing pat.  It has required each generation to sacrifice, and struggle, and meet the demands of a new age. And now it's our turn. We know what it takes to compete for the jobs and industries of our time. We need to out-innovate, out-educate, and out-build the rest of the world. We have to make America the best place on Earth to do business. We need to take responsibility for our deficit and reform our government. That's how our people will prosper. That's how we'll win the future. And tonight, I'd like to talk about how we get there.
                                  
      "The first step in winning the future is encouraging American innovation. None of us can predict with certainty what the next big industry will be or where the new jobs will come from. Thirty years ago, we couldn't know that something called the Internet would lead to an economic revolution. What we can do -- what America does better than anyone else -- is spark the creativity and imagination of our people.  We're the nation that put cars in driveways and computers in offices; the nation of Edison and the Wright brothers; of Google and Facebook.  In America, innovation doesn't just change our lives. It is how we make our living.

 

      "Our free enterprise system is what drives innovation. But because it's not always profitable for companies to invest in basic research, throughout our history, our government has provided cutting-edge scientists and inventors with the support that they need. That's what planted the seeds for the Internet. That's what helped make possible things like computer chips and GPS. Just think of all the good jobs -- from manufacturing to retail -- that have come from these breakthroughs.

 

      "Half a century ago, when the Soviets beat us into space with the launch of a satellite called Sputnik, we had no idea how we would beat them to the moon. The science wasn't even there yet.  NASA didn't exist. But after investing in better research and education, we didn't just surpass the Soviets; we unleashed a wave of innovation that created new industries and millions of new jobs. This is our generation's Sputnik moment. Two years ago, I said that we needed to reach a level of research and development we haven't seen since the height of the Space Race. And in a few weeks, I will be sending a budget to Congress that helps us meet that goal. We'll invest in biomedical research, information technology, and especially clean energy technology -- an investment that will strengthen our security, protect our planet, and create countless new jobs for our people.

 

      "Already, we're seeing the promise of renewable energy. Robert and Gary Allen are brothers who run a small Michigan roofing company. After September 11th, they volunteered their best roofers to help repair the Pentagon. But half of their factory went unused, and the recession hit them hard. Today, with the help of a government loan, that empty space is being used to manufacture solar shingles that are being sold all across the country. In Robert's words, "We reinvented ourselves."

 

      "That's what Americans have done for over 200 years: reinvented ourselves. And to spur on more success stories like the Allen Brothers, we've begun to reinvent our energy policy. We're not just handing out money. We're issuing a challenge. We're telling America's scientists and engineers that if they assemble teams of the best minds in their fields, and focus on the hardest problems in clean energy, we'll fund the Apollo projects of our time.

 

      At the California Institute of Technology, they're developing a way to turn sunlight and water into fuel for our cars.  At Oak Ridge National Laboratory, they're using supercomputers to get a lot more power out of our nuclear facilities. With more research and incentives, we can break our dependence on oil with biofuels, and become the first country to have a million electric vehicles on the road by 2015. We need to get behind this innovation. And to help pay for it, I'm asking Congress to eliminate the billions in taxpayer dollars we currently give to oil companies. I don't know if -- I don't know if you've noticed, but they're doing just fine on their own. So instead of subsidizing yesterday's energy, let's invest in tomorrow's.

 

      Now, clean energy breakthroughs will only translate into clean energy jobs if businesses know there will be a market for what they're selling. So tonight, I challenge you to join me in setting a new goal: By 2035, 80 percent of America's electricity will come from clean energy sources. Some folks want wind and solar.  Others want nuclear, clean coal and natural gas. To meet this goal, we will need them all -- and I urge Democrats and Republicans to work together to make it happen. . . "

 

    On the infrastructure issue, the President said, "To attract new businesses to our shores, we need the fastest, most reliable ways to move people, goods, and information -- from high-speed rail to high-speed Internet. Our infrastructure used to be the best, but our lead has slipped. South Korean homes now have greater Internet access than we do. Countries in Europe and Russia invest more in their roads and railways than we do. China is building faster trains and newer airports. Meanwhile, when our own engineers graded our nation's infrastructure, they gave us a 'D.'

 

      "We have to do better. America is the nation that built the transcontinental railroad, brought electricity to rural communities, constructed the Interstate Highway System.  The jobs created by these projects didn't just come from laying down track or pavement. They came from businesses that opened near a town's new train station or the new off-ramp. So over the last two years, we've begun rebuilding for the 21st century, a project that has meant thousands of good jobs for the hard-hit construction industry. And tonight, I'm proposing that we redouble those efforts. We'll put more Americans to work repairing crumbling roads and bridges. We'll make sure this is fully paid for, attract private investment, and pick projects based [on] what's best for the economy, not politicians.

 

      Within 25 years, our goal is to give 80 percent of Americans access to high-speed rail. This could allow you to go places in half the time it takes to travel by car. For some trips, it will be faster than flying -- without the pat-down. As we speak, routes in California and the Midwest are already underway. Within the next five years, we'll make it possible for businesses to deploy the next generation of high-speed wireless coverage to 98 percent of all Americans. . ."

 

    Access the full text of the SOTU address (click here). Access a White House blog post highlighting major media and pundit reactions to the President's speech (click here). Access a video of the SOTU (click here).

 

THE REST OF TODAY'S NEWS
- GOP & Tea Party SOTU Response Calls For Limited Government
- Chairman Upton Responds To President's SOTU Message
- Business Reaction To President's SOTU Message 
- Integrating Nature & Business; Dow & Nature Conservancy Join Forces
- GOP Leaders Vow To "Permanently Eliminate" GHG Regs
- SBA Reports Government Stimulus Helped Small Business
- $5.3 Million Penalty For 2nd Largest Petroleum Refinery

(Click here for details)

NRDC Issues Environmental State Of The Union Message

Jan 24: In an "Environmental State of the Union message," Peter Lehner, the Natural Resources Defense Council (NRDC) executive director, discusses what he calls "the promise and the perils of the new Congress" on the eve of the State of the Union. Lehner said:


    "When he delivers his State of the Union address on Tuesday, President Obama will present a report card on how the nation has fared the past year, offer up an agenda that seeks to bridge our partisan divide, and share with the American people his vision of where he wants to lead the country. The president can cover all three bases by embracing a clean-energy agenda that boosts our economy and strengthens the safeguards that protect our health, our waters, our lands and the air we breathe.

    "No review of 2010 can overlook one of the worst environmental disasters of our time -- the BP blowout in the Gulf of Mexico. This was a national wake-up call to break our costly and dangerous dependence on oil and move faster toward cleaner, safer, more sustainable sources of energy. Adopting this month's recommendations by the national BP oil spill commission is a good start. Nothing is more important than reviving our economy. And we can put millions of Americans back to work by investing in renewable fuels, fostering sustainable communities and demanding even more energy-efficiency in our cars, our workplaces, our homes and the products we use.

    "That also will make our companies more competitive and keep our workers at the forefront in the global race for clean-energy solutions -- and make us more secure and less dependent on foreign oil. We can debate the details and disagree over specifics. But inaction is no longer an option. Above all, we mustn't be stymied or mislead by those who paint these needed change as some devious job-destroying tax. What kills jobs is insisting on looking backward when opportunity lies ahead. That's the fundamental choice we face. Let's embrace our future and common destiny. Let's follow where opportunity leads.

    "Let's build on the strength of American innovation and investment. Let's not turn our backs on four decades of progress toward cleaner air, fresher water, healthier wildlife and more fertile lands that sustain us all. Toward that end, we must ensure that scientists at the Environmental Protection Agency retain the tools they need to do their job. After 40 years of progress -- getting the lead out of gasoline, phasing out ozone-depleting chemicals, reducing pollution that causes acid rain -- the agency's scientists have saved hundreds of thousands of lives and improved the quality of life for us all. A healthier nation means fewer people with asthma, heart and lung disease and cancer -- and billions of dollars in savings in health care costs. That also will increase our economic competitiveness across the board.

    "But Big Polluters and their allies in Congress are trying to block EPA from further updating health safeguards. But who wants to return to the dark days when heavy metals poisoned our waters and toxic chemicals tainted our air; when rivers ran so rich with oil and petrochemical waste that they literally burst into flames? The Big Polluters would gut the Clean Air Act, a 1970 law -- one of the most effective pieces of legislation in our history when it comes to protecting and improving our health. Rather, we should unite behind President Obama's pledge to cut U.S. carbon pollution and join the world in addressing the mounting challenge from climate disruption.

    "Instead of trying to shackle EPA, our leaders in Washington should support its mission to reduce mercury, arsenic, carbon dioxide and other life-threatening forms of pollution. Finally, with Congress due to take up a major transportation bill this year, we should use this opportunity to lay the groundwork for a competitive 21st-Century transportation system that will improve commerce and our quality of life.

    "Two hundred and twenty-one years after George Washington delivered the first State of the Union address to a joint session of Congress, we now are the guardians of a richly blessed but imperiled land. Let's not pass on to our children a legacy tarnished by fear and neglect. Let's stand up for the clean air, the fresh water, the healthy wildlife, and the stable climate upon which America's future depends."
    Access the NRDC release (click here).

THE REST OF TODAY'S NEWS
- GE Head To Chair President's Council On Jobs & Competitiveness
- Groups Report On Cost Of Cement Industry Regs
- UN Reports Outline Post-Cancun Path To CO2 Reductions
- Wind Energy Boom-Bust Cycles Due To Unpredictable Policies
- Transportation Research Extravaganza
- USDA Funds 68 Rural Renewable Energy Study Projects
- Environmental Innovation For Private Equity Firms
- Register Now For Brownfields 2011 In Philadelphia

(Click here for details)

Seeking Balance In A 21st-Century Regulatory System

Jan 18: In a surprising Wall Street Journal Op-Ed, President Obama announced a new Executive Order -- "Improving Regulation and Regulatory Review" -- calling for a government-wide review of regulations, regulatory improvement, elimination of unnecessary paperwork and a special focus on eliminating burdens for small business. The President said:

 

    "For two centuries, America's free market has not only been the source of dazzling ideas and path-breaking products, it has also been the greatest force for prosperity the world has ever known. That vibrant entrepreneurialism is the key to our continued global leadership and the success of our people. But throughout our history, one of the reasons the free market has worked is that we have sought the proper balance. We have preserved freedom of commerce while applying those rules and regulations necessary to protect the public against threats to our health and safety and to safeguard people and businesses from abuse.

 

    "From child labor laws to the Clean Air Act to our most recent strictures against hidden fees and penalties by credit card companies, we have, from time to time, embraced common sense rules of the road that strengthen our country without unduly interfering with the pursuit of progress and the growth of our economy.

 

    "Sometimes, those rules have gotten out of balance, placing unreasonable burdens on business -- burdens that have stifled innovation and have had a chilling effect on growth and jobs. At other times, we have failed to meet our basic responsibility to protect the public interest, leading to disastrous consequences. Such was the case in the run-up to the financial crisis from which we are still recovering. There, a lack of proper oversight and transparency nearly led to the collapse of the financial markets and a full-scale Depression.

 

    "Over the past two years, the goal of my administration has been to strike the right balance. And today, I am signing an executive order that makes clear that this is the operating principle of our government. This order requires that federal agencies ensure that regulations protect our safety, health and environment while promoting economic growth. And it orders a government-wide review of the rules already on the books to remove outdated regulations that stifle job creation and make our economy less competitive. It's a review that will help bring order to regulations that have become a patchwork of overlapping rules, the result of tinkering by administrations and legislators of both parties and the influence of special interests in Washington over decades.

 

    "Where necessary, we won't shy away from addressing obvious gaps: new safety rules for infant formula; procedures to stop preventable infections in hospitals; efforts to target chronic violators of workplace safety laws. But we are also making it our mission to root out regulations that conflict, that are not worth the cost, or that are just plain dumb. For instance, the FDA has long considered saccharin, the artificial sweetener, safe for people to consume. Yet for years, the EPA made companies treat saccharin like other dangerous chemicals. Well, if it goes in your coffee, it is not hazardous waste. The EPA wisely eliminated this rule last month.

 

    "But creating a 21st-century regulatory system is about more than which rules to add and which rules to subtract. As the executive order I am signing makes clear, we are seeking more affordable, less intrusive means to achieve the same ends -- giving careful consideration to benefits and costs. This means writing rules with more input from experts, businesses and ordinary citizens. It means using disclosure as a tool to inform consumers of their choices, rather than restricting those choices. And it means making sure the government does more of its work online, just like companies are doing.

 

    "We're also getting rid of absurd and unnecessary paperwork requirements that waste time and money. We're looking at the system as a whole to make sure we avoid excessive, inconsistent and redundant regulation. And finally, today I am directing federal agencies to do more to account for -- and reduce -- the burdens regulations may place on small businesses. Small firms drive growth and create most new jobs in this country. We need to make sure nothing stands in their way.

 

    "One important example of this overall approach is the fuel-economy standards for cars and trucks. When I took office, the country faced years of litigation and confusion because of conflicting rules set by Congress, federal regulators and states [See WIMS 5/19/09].

 

    "The EPA and the Department of Transportation worked with auto makers, labor unions, states like California, and environmental advocates this past spring to turn a tangle of rules into one aggressive new standard [See WIMS 4/1/10]. It was a victory for car companies that wanted regulatory certainty; for consumers who will pay less at the pump; for our security, as we save 1.8 billion barrels of oil; and for the environment as we reduce pollution. Another example: Tomorrow the FDA will lay out a new effort to improve the process for approving medical devices, to keep patients safer while getting innovative and life-saving products to market faster.

 

    "Despite a lot of heated rhetoric, our efforts over the past two years to modernize our regulations have led to smarter -- and in some cases tougher -- rules to protect our health, safety and environment. Yet according to current estimates of their economic impact, the benefits of these regulations exceed their costs by billions of dollars. This is the lesson of our history: Our economy is not a zero-sum game. Regulations do have costs; often, as a country, we have to make tough decisions about whether those costs are necessary. But what is clear is that we can strike the right balance. We can make our economy stronger and more competitive, while meeting our fundamental responsibilities to one another."

 

     In addition to the Executive Order, the President also issued two Presidential Memorandums -- one on Regulatory Compliance and Enforcement (Memo #1); and another on Regulatory Flexibility, Small Business, and Job Creation (Memo #2). The Regulatory Compliance and Enforcement Memo requires Federal enforcement agencies to make publicly-available compliance information easily accessible, downloadable, and searchable online. This will provide citizens with information they need to determine when entities fail to comply with the law. 

 

    The Regulatory Flexibility, Small Business, and Job Creation Memo requires Federal agencies to consider ways to reduce regulatory burdens on small business and requiring that Agencies provide justifications when such flexibilities are not included in proposed regulation. Agencies will not only be required to consider these alternatives for small businesses, but also to provide written justification when such alternatives are not utilized.

 

    Jack Lew Director of the Office of Management and Budget (OMB) commented on the President's actions in a White House blog post. Lew said, "OMB plays a central role in implementing a President's regulatory agenda. Through our Office of Information and Regulatory Affairs (OIRA), OMB acts as a clearinghouse for the most significant regulations and rules, making sure that policies are consistent across the federal government and with the agenda of the President. OMB also ensures that analysis of rules is done properly, according to one set of standards."

    Lew indicated as the President wrote, our aim is to "strike the right balance" between what is needed to protect the safety and health of all Americans, and what we need to foster economic growth, job creation, and competitiveness. He said, "The Administration has followed this balanced approach since taking office, and this executive order formally details our basic operating principles. With this EO, there should be no confusion about what guides this Administration when crafting regulations. The basic tenets are: to consider costs and how best to reduce burdens for American businesses and consumers; to expand opportunities for public participation and stakeholder involvement; to seek the most flexible, least burdensome approaches; to ensure that regulations are scientifically-driven; and to review old regulations so that rules which are no longer needed can be modified or withdrawn. This smarter approach builds on the best practices of the past, while adapting to serious economic challenges the country faces today. . ."

    The National Association of Manufacturers (NAM) Senior Vice President for Government Relations and Policy, Aric Newhouse issued a statement commenting on the President's executive order saying, "Manufacturers appreciate President Obama's call for a government-wide review of regulations and rules. Manufacturers have been saying for some time that overregulation is harming job creation and stifling economic growth. This is an opportunity for the President to demonstrate results by eliminating unnecessary regulations already in the pipeline or delaying poorly thought-out proposals that are costing jobs. For example, the Environmental Protection Agency's (EPA) proposals -- from regulating greenhouse gases to the Boiler MACT rule -- are a real threat to America's job creators. We stand ready to assist in the President's efforts to address an escalating problem and meaningfully reduce unnecessary burdens on manufacturers in America so they can get back to creating jobs."  

 

    U.S. Chamber of Commerce President and CEO Thomas Donohue issued a statement saying, "We welcome President Obama's intention to issue an executive order today restoring balance to government regulations. While a positive first step, a robust and globally competitive economy requires fundamental reform of our broken regulatory system. Congress should reclaim some of the authority it has delegated to the agencies and implement effective checks and balances on agency power. It also means repealing or replacing outdated or ineffective regulations, ensuring realistic cost-benefit analyses using quality data. No major rule or regulation should be exempted from the review, including the recently enacted health care and financial reform laws. The Chamber shares the president's view that we should 'root out regulations that conflict, that are not worth the cost, or that are just plain dumb.' And the Chamber will work with the White House, Congress, and the federal agencies to advance common sense regulatory reform measures." 

 

    The regulatory watchdog group, OMB Watch Executive Director Gary Bass issued a release saying,"Unfortunately, President Obama's regulatory executive order does little to change the mechanics of a broken regulatory process. The order reflects, however, the values the administration has stressed in its two years in office: greater public participation, decisions based on the best available science and technology, and greater agency flexibility. The RFA's [Regulatory Flexibility Act] requirements already burden agencies with procedural hurdles that can delay critical public protections. This memo may very well be taken as an insult by the federal agencies, which write reasoned, evidence-based rules now; those rules would never be approved if they were based on 'guesswork'"

 

    Access the WSJ Op-Ed (click here). Access the Executive Order (click here). Access Memo #1 (click here). Access Memo #2 (click here). Access a fact sheet on the executive order and memorandum (click here). Access the OMB blog posting which also summarizes the actions (click here). Access the statement from NAM (click here). Access the U.S. Chamber statement (click here). Access the release from OMB Watch (click here). Access the OMB OIRA website for more information (click here).

 

THE REST OF TODAY'S NEWS
- U.N. Head Calls For Global Energy Revolution
- EPA & SBA Launch Water Technology Innovation Cluster

- U.S. Chamber Interview With Speaker Boehner
- The Wilderness Society v. U.S. Forest Service
- U.S. Magnesium, LLC v. EPA

(Click here for details)

President Makes Impassioned Plea For Political Civility

Jan 12: President Obama delivered what has to be described as a remarkable speech in Tucson, AZ providing a eulogy to the fallen victims of the horrendous shooting last Saturday, a tribute to the heroic deeds of ordinary people, an impassioned plea for political civility, and most importantly -- hope for a new and better chapter in American Democracy.

 

    The President said, "Already we've seen a national conversation commence, not only about the motivations behind these killings, but about everything from the merits of gun safety laws to the adequacy of our mental health system. And much of this process, of debating what might be done to prevent such tragedies in the future, is an essential ingredient in our exercise of self-government. But at a time when our discourse has become so sharply polarized -– at a time when we are far too eager to lay the blame for all that ails the world at the feet of those who happen to think differently than we do -– it's important for us to pause for a moment and make sure that we're talking with each other in a way that heals, not in a way that wounds. . . what we cannot do is use this tragedy as one more occasion to turn on each other. . . 

 

    "As we discuss these issues, let each of us do so with a good dose of humility.  Rather than pointing fingers or assigning blame, let's use this occasion to expand our moral imaginations, to listen to each other more carefully, to sharpen our instincts for empathy and remind ourselves of all the ways that our hopes and dreams are bound together.  . . sudden loss causes us to look backward -– but it also forces us to look forward; to reflect on the present and the future, on the manner in which we live our lives and nurture our relationships with those who are still with us. . .

 

    "For those who were harmed, those who were killed –- they are part of our family, an American family 300 million strong. We may not have known them personally, but surely we see ourselves in them. . . And in Christina [the 9-year old girl who lost her life] -- in Christina we see all of our children. So curious, so trusting, so energetic, so full of magic. So deserving of our love. And so deserving of our good example. If this tragedy prompts reflection and debate -- as it should -- let's make sure it's worthy of those we have lost. Let's make sure it's not on the usual plane of politics and point-scoring and pettiness that drifts away in the next news cycle.

    "The loss of these wonderful people should make every one of us strive to be better.  To be better in our private lives, to be better friends and neighbors and coworkers and parents. And if, as has been discussed in recent days, their death helps usher in more civility in our public discourse, let us remember it is not because a simple lack of civility caused this tragedy -- it did not -- but rather because only a more civil and honest public discourse can help us face up to the challenges of our nation in a way that would make them proud. . .

    "We may not be able to stop all evil in the world, but I know that how we treat one another, that's entirely up to us. And I believe that for all our imperfections, we are full of decency and goodness, and that the forces that divide us are not as strong as those that unite us. That's what I believe, in part because that's what a child like Christina Taylor Green believed. . . 

    "Imagine -- imagine for a moment, here was a young girl who was just becoming aware of our democracy; just beginning to understand the obligations of citizenship; just starting to glimpse the fact that some day she, too, might play a part in shaping her nation's future. She had been elected to her student council. She saw public service as something exciting and hopeful. She was off to meet her congresswoman, someone she was sure was good and important and might be a role model. She saw all this through the eyes of a child, undimmed by the cynicism or vitriol that we adults all too often just take for granted. I want to live up to her expectations.  (Applause.)  I want our democracy to be as good as Christina imagined it. . ."

    Access the complete text of President Obama's speech (click here). Access the 33 minute video of the speech (click here).

Senate Hearing On Protecting Children From Environmental Threats

Mar 17: The Government Accountability Office (GAO) released a report entitled, Environmental Health: High-level Strategy and Leadership Needed to Continue Progress toward Protecting Children from Environmental Threats (GAO-10-205, January 28, 2010). The report was requested by Senator Barbara Boxer (D-CA),Chairman Committee on Environment and Public Works (EPW) and Senator Amy Klobuchar (D-MN), Chairman of the EPW Subcommittee on Children's Health. GAO also delivered testimony at a hearing of the EPW Committee that was devoted to the GAO Investigation of EPA's Efforts to Protect Children's Health.

 

    Witnesses testifying at the hearing in addition to GAO included: U.S. EPA and the Center for Occupational & Environmental Health, University of California at Berkeley; the Children's Environmental Health Network and the Science and Environmental Health Network. Additionally, Chairman Boxer, Ranking Member James Inhofe (R-OK) and Senator Bill Nelson (D-FL) delivered opening remarks.

 

    Chairman Boxer opened the hearing saying, "Children are more vulnerable to toxic pollution than adults. Their bodies are developing rapidly -- including their brains, hearts and lungs, their nervous and immune systems – so exposures to toxic chemicals at critical times in their development can have life-long impacts. That's why I wrote the law that ensures that the EPA takes children and other vulnerable populations, such as pregnant women and the elderly, into account when setting drinking water standards, not just healthy adult men. And that is why I asked the Government Accountability Office (GAO) to investigate the EPA's role in protecting children's health and to give me a report card on how the federal government is doing in keeping our children safe from environmental dangers."

 

    Senator Inhofe said the GAO report indicated that, "the Agency has not fully used the Office of Children's Health Protection and has not prioritized children's health considerations in light of advisory recommendations. However, what the report does not fully address is the fact that EPA must always balance recommendations on children's health with objective scientific standards, legal requirements, and practical realities. . . But, in contrast to what some of the witnesses will say today, I do not believe that EPA needs additional congressional authority to specifically protect children's health. . ."

 

    Senator Nelson testified to bring attention to the community in Palm Beach Florida called the Acreage where the town of about 50,000 has been shaken by what he called "fears of a cancer cluster." He said, "In February, a study by the state health department found higher than normal incidences of brain and central nervous system cancer in girls and young women. Some residents have lost a loved one; others aren't sure if their homes are safe to live in; and if they try to leave, they worry they won't even be able to sell their homes. Despite a year-long investigation, we still don't know what's causing these cancers and people cannot get their lives back to normal until they have answers. . ."

 

    GAO indicated in their report that exposure to toxic chemicals or environmental pollutants may harm the health of the nation's 74 million children and contribute to increases in asthma and developmental impairments. In 2007, 66 percent of children lived in counties exceeding allowable levels for at least one of the six principal air pollutants that cause or aggravate asthma, contributing to medical costs of $3.2 billion per year, according to the Centers for Disease Control and Prevention.

 

    In 1997, Executive Order 13045 mandated that agencies place a high priority on children's risks and required that policies, programs, activities, and standards address those risks. In response, U.S. EPA created the Office of Children's Health Protection and convened the Children's Health Protection Advisory Committee. GAO's report assesses the extent to which EPA has institutionalized consideration of children's health through: (1) strategies and priorities; (2) key offices and other child-focused resources; and (3) participation in interagency efforts.

 

    GAO indicated that they found EPA has developed policies and guidance to consider children, but "it has not maintained attention to children through agency strategies and priorities." In 1996, EPA created a national agenda on children's health, and its 1997 and 2000 strategic plans highlighted children's health as a key cross-agency program. As a result, the agency's research advanced the understanding of children's vulnerabilities. However, "EPA has not updated the agenda since 1996, and the focus on children is absent from the 2003, 2006, and September 2009 draft strategic plans."

 

    GAO also indicates in its report that EPA has not fully used the Office of Children's Health Protection and other child-focused resources. "The active involvement of managers from the office and experts from the Children's Health Protection Advisory Committee has been lacking, as has the involvement of key staff throughout EPA. Although EPA now has a new Director of Children's Health, the office had not had consistent leadership since 2002, hampering its ability to support and facilitate agencywide efforts and elevate matters of importance with senior officials. For example, a previous director established workgroups to bring together officials from the program offices and the children's health office, but a subsequent acting director eliminated these groups, effectively halting work on a key set of children's health recommendations. In addition, the regional children's health coordinators -- who provide outreach and coordination for EPA -- have no national strategy or dedicated resources. Finally, the advisory committee has provided hundreds of recommendations, but EPA has requested advice on draft regulations only three times in the last decade."

 

    GAO said while EPA leadership is key to national efforts to protect children from environmental threats, EPA's efforts have been hampered by the expiration in 2005 of certain provisions in the executive order. For example, the Task Force on Children's Environmental Health provided EPA with a forum for interagency leadership on important federal efforts, such as the National Children's Study. It also provided biennial reports that helped establish federal research priorities.

   

    EPA testified that, "Children's health is a driving force behind Administrator Jackson's priorities. In a February 2010 memo to EPA senior managers, she reaffirmed EPA's commitment to considering the health of pregnant women, infants and children in all human health related activities and to the use of EPA's 1995 Policy on Evaluating Health Risks to Children and the best available research and data to guide our children's health protection efforts. In the memo, Administrator Jackson describes EPA's Children's Health Agenda and identifies the Office of Children's Health Protection as having the lead in ensuring that the Agency is successful in its efforts to protect children's health."

 

    Peter Grevatt Ph.D., Director, Office of Children's Health Protection and Environmental Education at EPA said it's important to focus on children because, "Children eat, drink and breathe more per pound than adults. When food, water, or air is polluted, children are exposed to more of the pollution than adults. For example, an average infant less than 6 months old consumes 2.5 times more water than an adult on a per pound basis. Children can have greater exposure to chemicals through behaviors that are unique to childhood, such as crawling, putting objects in their mouths, and eating nonfood items. Children also have unique exposures, for example, through the umbilical cord and through breast milk. Their bodies are rapidly developing. Exposure to toxic chemicals during critical windows of development can lead to disease or other serious effects on organ systems. . ."

 

    Access the hearing website for links to all testimony, the opening statements, the GAO report and a video (click here).

 

 

Jackson Speaks at Press Club On Environment & Economy

Mar 7: U.S. EPA Administrator Lisa Jackson, delivered a speech to the National Press Club with the theme that what's good for the environment is good for the economy. Jackson said, "We've restored the rightful place of science as the first factor in all of our decisions; developed and implemented rules that will protect children, keep people healthy and save lives; and taken long-overdue action on climate change, including a revolutionary clean cars program built on the historic finding that greenhouse gas pollution endangers public health and welfare.

    "On that last point, the overwhelming scientific evidence was recently met with arguments that Washington DC experienced an unprecedented blizzard and record snowfalls this winter -- as if an unexpected change in our climate somehow disproves climate change. Today I want to talk about a misconception that threatens to do more harm to our progress as a nation than the carping over climate science. And that's the misconception that we must make a choice between cleaning up our environment and growing our economy. . ."

 

    She said environmental protection "makes us healthier. It eliminates contributors to costly and often deadly diseases like asthma, cancer and heart disease. Second, environmental protection makes our communities more prosperous and our workforce more productive. . . These are two reasons why our environment is essential to our economy. But what I want to focus on today is the vital role environmentalism plays for a critical driver of our economic success: our capacity for innovation and invention."

 

    She indicated that, "Everyone wants a clean environment. 10 out of 10 Republicans want clean air to breathe. 10 out of 10 Democrats think safe water is important. Ask all 20 and they'd actually agree. As a Boston Globe editorial put it last week, even 'anti-government' protestors know it's 'no fun having a tea party with contaminated water.'"

 

    As one example, Jackson cited, "the phase out of ozone-depleting CFCs. CFCs were the chemicals in aerosol cans and other products that led to a growing hole in the ozone layer. I remember a lot of people wondering if they were going to have to give up their hairspray or their deodorant – and not being too happy about it. And they weren't the only ones. The chemical industry predicted severe economic disruption. Refrigeration companies forecasted shutdowns of supermarket coolers and chiller machines used to cool office buildings, hotels and hospitals. Companies that used CFCs in manufacturing believed the transition would be next to impossible. The doom-and-destruction never came to pass. Refrigerators and air conditioners stayed on.
When innovators took up the manufacturing challenge, they found alternatives that worked better than CFCs. Some developed new technology that cut costs while actually improving productivity and quality. . ."

 

    She said, "New environmental protections. New innovations. New jobs. This is the direction we are moving in 2010 . . . And of course, we will continue to face down our climate crisis and move into the clean energy future. As you might expect, we're running into the same old tired arguments. Once again industry and lobbyists are trying to convince us that changes will be absolutely impossible. Once again alarmists are claiming this will be the death knell of our economy. Once again they are telling us we have to choose: Economy? Or environment? Most drastically, we are seeing efforts to further delay EPA action to reduce greenhouse gases. This is happening despite the overwhelming science on the dangers of climate change…despite the Supreme Court's 2007 decision that EPA must use the Clean Air Act to reduce the proven threat of greenhouse gases…and despite the fact that leaving this problem for our children to solve is an act of breathtaking negligence. . .

 

    ". . .the economic costs of unchecked climate change will be orders of magnitude higher for the next generation than it would be for us to take action today. . . 7 in 10 consumers say they will choose brands that are doing good things for people and the planet. 74 percent believe that our companies should do more to protect our planet. And more than half of Americans will look for environmentally friendly products in their next purchase. . . Industry can try to resist and ignore EPA, but I know – and they know – that they resist the forces of the green marketplace at their own peril. It's time to put to rest the notion that economic growth and environmental protection are incompatible. It's time to finally dismiss this false choice. . . I'm done with the false choice between the economy and the environment. I want an EPA that is a leader in innovations that protect our health and our environment and expand new opportunities. I'm not interested in leading an agency that only tells us what we can't do. I want to work together on all the things we can do.

 

    Access a release from EPA with excerpts, and link to the full speech and sound bites (click here).

 

President SOTU: Gridlock; Jobs; Energy, Infrastructure & Climate

President Jan 27: In President Obama's first State of the Union (SOTU) address, he said the public is asking, "why Washington has been unable or unwilling to solve any of our problems. They're tired of the partisanship and the shouting and the pettiness. . . And what the American people hope -- what they deserve -– is for all of us, Democrats and Republicans, to work through our differences; to overcome the numbing weight of our politics."

He began his speech calling 2009, "one of the most difficult years in our history." But, he concluded the address saying, "The spirit that has sustained this nation for more than two centuries lives on in you, its people. We have finished a difficult year. We have come through a difficult decade. But a new year has come. A new decade stretches before us. We don't quit. I don't quit. Let's seize this moment -- to start anew, to carry the dream forward, and to strengthen our union once more."

He analyzed the political roadblocks that have held back progress on some major issues and said, "Democracy in a nation of 300 million people can be noisy and messy and complicated. And when you try to do big things and make big changes, it stirs passions and controversy. That's just how it is. Those of us in public office can respond to this reality by playing it safe and avoid telling hard truths and pointing fingers. We can do what's necessary to keep our poll numbers high, and get through the next election instead of doing what's best for the next generation. . . So we face big and difficult challenges. And what the American people hope -– what they deserve -– is for all of us, Democrats and Republicans, to work through our differences; to overcome the numbing weight of our politics."

He continued his criticism of Washington politics and said, ". what frustrates the American people is a Washington where every day is Election Day. We can't wage a perpetual campaign where the only goal is to see who can get the most embarrassing headlines about the other side -– a belief that if you lose, I win. Neither party should delay or obstruct every single bill just because they can. The confirmation of -- (applause) -- I'm speaking to both parties now. The confirmation of well-qualified public servants shouldn't be held hostage to the pet projects or grudges of a few individual senators. Washington may think that saying anything about the other side, no matter how false, no matter how malicious, is just part of the game. But it's precisely such politics that has stopped either party from helping the American people. Worse yet, it's sowing further division among our citizens, further distrust in our government."

He said "jobs must be our number-one focus in 2010, and that's why I'm calling for a new jobs bill tonight." He called for taking $30 billion of the money Wall Street banks have repaid and using it to help community banks give small businesses credit. Then he linked his call for jobs to infrastructure and energy development.

He said, ". . .we can put Americans to work today building the infrastructure of tomorrow. From the first railroads to the Interstate Highway System, our nation has always been built to compete. There's no reason Europe or China should have the fastest trains, or the new factories that manufacture clean energy products. . . We should put more Americans to work building clean energy facilities -- and give rebates to Americans who make their homes more energy-efficient, which supports clean energy jobs. . ."

He said, "I've been told that our political system is too gridlocked, and that we should just put things on hold for a while. For those who make these claims, I have one simple question: How long should we wait? How long should America put its future on hold? You see, Washington has been telling us to wait for decades, even as the problems have grown worse. Meanwhile, China is not waiting to revamp its economy. Germany is not waiting. India is not waiting. These nations -- they're not standing still. These nations aren't playing for second place. They're putting more emphasis on math and science. They're rebuilding their infrastructure. They're making serious investments in clean energy because they want those jobs. Well, I do not accept second place for the United States of America."

He said, ". . .we need to encourage American innovation. . . You can see the results of last year's investments in clean energy. . . But to create more of these clean energy jobs, we need more production, more efficiency, more incentives. And that means building a new generation of safe, clean nuclear power plants in this country. It means making tough decisions about opening new offshore areas for oil and gas development. It means continued investment in advanced biofuels and clean coal technologies. And, yes, it means passing a comprehensive energy and climate bill with incentives that will finally make clean energy the profitable kind of energy in America.

"I am grateful to the House for passing such a bill last year. And this year I'm eager to help advance the bipartisan effort in the Senate. I know there have been questions about whether we can afford such changes in a tough economy. I know that there are those who disagree with the overwhelming scientific evidence on climate change. But here's the thing -- even if you doubt the evidence, providing incentives for energy-efficiency and clean energy are the right thing to do for our future -- because the nation that leads the clean energy economy will be the nation that leads the global economy. And America must be that nation."

Senate Minority Leader Mitch McConnell (R-KY) issued a statement on the State of the State and said, "The President is always welcome at the Capitol, especially at a time when there is so much important work to be done on behalf of the American people. The President talked about jobs tonight. This is a welcome change in focus after the President and his administration spent nearly an entire year pursuing a partisan health care plan that would have spent trillions of dollars we don't have rather than on a plan for getting Americans back to work. I'm hopeful the administration's new focus on the economy will lead it to say no to more spending and debt, more bailouts, and more government.

“The President's words about the importance of deficit reduction are timely. . . The administration could address this concern right away by directing unspent Stimulus and TARP funds to pay down the federal deficit, and it could implement a true spending freeze. It could also assure families and small businesses that their taxes will not go up at the end of the year, as currently planned. . . Americans are concerned about government spending, debt, jobs, and keeping the homeland safe. They expect us to focus on these core issues until we get them right. In the year ahead, there is much work to be done, and the task before us is clear. We need to get Americans back to work and remain focused on keeping America secure and putting our nation back on the road to prosperity. Republicans look forward to working with the President on these shared goals.”

House Republican Leader John Boehner (R-OH) issued a statement saying, "We had hoped to hear a new commitment to keep his promises to govern from the center, change the tone in Washington, and work with both parties in a bipartisan way to help small businesses create jobs and get our economy moving again. Unfortunately, the President and the Democrats in charge of Congress still aren’t listening to the American people. The American people were looking for President Obama to change course tonight, and they got more of the same job-killing policies instead. . . That includes a trillion-dollar ‘stimulus’ that isn’t working, a fiscally-irresponsible budget that doubles our debt in five years and triples it in 10, a costly government takeover of health care, and a massive national energy tax. The President’s message isn’t the problem, it’s his job-killing policies."

Access the complete State of the Union address (click here). Access the video of the address (click here). Access the statement from Senator McConnell (click here). Access the statement from Rep. Boehner (click here). Access a video of the official Republican response to the State of the Union (click here).

President's Continued Outrage With Supreme Court Decision

Jan 23: In his weekly Saturday radio address President Obama continued his high level criticism of the January 21, 5-4 decision of the U.S. Supreme Court in the case of Citizens United v. Federal Election Commission (Case No. 08-205) [See WIMS 1/22/10]. The decision has been described as removing restrictions and allowing corporations to spend as freely as they like to support or oppose candidates for president and Congress.

President Obama, reacted immediately to the decision when it was released and said it gave "a green light to a new stampede of special interest money in our politics." He called it a "major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests." He continued his outrage in his weekly address saying, "In my first year in office, we pushed back on that power by implementing historic reforms to get rid of the influence of those special interests. . . We’ve been making steady progress. But this week, the United States Supreme Court handed a huge victory to the special interests and their lobbyists – and a powerful blow to our efforts to rein in corporate influence. This ruling strikes at our democracy itself. By a 5-4 vote, the Court overturned more than a century of law -- including a bipartisan campaign finance law written by Senators John McCain and Russ Feingold that had barred corporations from using their financial clout to directly interfere with elections by running advertisements for or against candidates in the crucial closing weeks.

"This ruling opens the floodgates for an unlimited amount of special interest money into our democracy. It gives the special interest lobbyists new leverage to spend millions on advertising to persuade elected officials to vote their way – or to punish those who don’t. That means that any public servant who has the courage to stand up to the special interests and stand up for the American people can find himself or herself under assault come election time. Even foreign corporations may now get into the act. I can’t think of anything more devastating to the public interest. The last thing we need to do is hand more influence to the lobbyists in Washington, or more power to the special interests to tip the outcome of elections.

"All of us, regardless of party, should be worried that it will be that much harder to get fair, common-sense financial reforms, or close unwarranted tax loopholes that reward corporations from sheltering their income or shipping American jobs off-shore. It will make it more difficult to pass commonsense laws to promote energy independence because even foreign entities would be allowed to mix in our elections.

"It would give the health insurance industry even more leverage to fend off reforms that would protect patients. We don’t need to give any more voice to the powerful interests that already drown out the voices of everyday Americans. And we don’t intend to. When this ruling came down, I instructed my administration to get to work immediately with Members of Congress willing to fight for the American people to develop a forceful, bipartisan response to this decision. We have begun that work, and it will be a priority for us until we repair the damage that has been done.

"A hundred years ago, one of the great Republican Presidents, Teddy Roosevelt, fought to limit special interest spending and influence over American political campaigns and warned of the impact of unbridled, corporate spending. His message rings as true as ever today, in this age of mass communications, when the decks are too often stacked against ordinary Americans. And as long as I’m your President, I’ll never stop fighting to make sure that the most powerful voice in Washington belongs to you."

The organization, Citizens for Responsibility and Ethics in Washington (CREW), issued a statement on the decision. Executive Director Melanie Sloan said, “The Supreme Court has placed the rights of corporations ahead of the rights of American voters by willfully ignoring the outsize role of money in politics and the fact that corporations have vast sums available to spend. Money buys elections and the biggest corporations with the most money will own our politicians. We are moving to an age where we won’t have the senator from Arkansas or the congressman from North Carolina, but the senator from Wal-Mart and the congressman from Bank of America.”

David Bossie, President of Citizens United said, “Today’s U.S. Supreme Court decision allowing Citizens United to air its documentary films and advertisements is a tremendous victory, not only for Citizens United but for every American who desires to participate in the political process. As our case amply demonstrates, campaign finance legislation over the last two decades has imposed, as Justice Kennedy put it, a 'censorship . . . vast in its reach.' By overruling Austin v. Michigan Chamber of Commerce and striking down McCain-Feingold’s ban on so-called electioneering communications, the Supreme Court has made possible the participation in our political process that is the right of every American citizen – a right that had been severely curtailed under McCain-Feingold. This is a victory for Citizens United, but even more so for the First Amendment rights of all Americans. The fault line on this issue does not split liberals and conservatives or Republicans and Democrats. Instead, it pits entrenched establishment politicians against the very people whom they are elected to serve. . ."

Citizens United also posted comments from major Republican leaders and others on their website. Some of the comments included were: Senator Mitch McConnell (R-KY), Senate Republican Leader who said, “For too long, some in this country have been deprived of full participation in the political process. With today’s monumental decision, the Supreme Court took an important step in the direction of restoring the First Amendment rights of these groups by ruling that the Constitution protects their right to express themselves about political candidates and issues up until Election Day.” Representative John Boehner (R-OH), House Republican Leader said, “I think the Supreme Court decisions today are a big win for the First Amendment and a step in the right direction.”

Michael Steele, Republican National Committee Chairman said the decision, “. . .serves as an affirmation of the constitutional rights provided to Americans under the first amendment. Free speech strengthens our democracy. While the Court’s recognition that organizations have the freedom to speak on public issues and have their views protected from censorship is fundamental, the Court has now left an imbalance that disadvantages national parties in their ability to support their candidates. We need to encourage a vibrant debate on the issues, and not restrict the free exchange of ideas. Though there is still more work to be done, we are pleased with today’s ruling.” Robin Conrad, U.S. Chamber of Commerce said, “Today’s ruling protects the First Amendment rights of organizations across the political spectrum, and is a positive for the political process and free enterprise.”

Access a video and link to the full text of the President's address (click here). Access a Law.com article about the decision with links to related information (click here). Access the statement from CREW (click here). Access the Citizens United statement (click here). Access the Citizens United comments from others (click here).

EPA Administrator Reviews 1st Year; Outlines Key Themes

Jan 12: U.S. EPA Administrator Lisa Jackson has released a memo to EPA employees assessing her first year as Administrator and the Agency's progress on key issues. She said the first year had been "a deeply fulfilling 12 months and a wonderful homecoming for me." She said the Agency has made "enormous strides" on all five major issues she outlined a year ago. She said, "we have strengthened our focus and expanded the list of priorities." The memo provides a listing of seven key themes to focus the work of the Agency. The following is verbatim listing.

Taking Action on Climate Change: 2009 saw historic progress in the fight against climate change, with a range of greenhouse gas reduction initiatives. We must continue this critical effort and ensure compliance with the law. We will continue to support the President and Congress in enacting clean energy and climate legislation. Using the Clean Air Act, we will finalize our mobile source rules and provide a framework for continued improvements in that sector. We will build on the success of Energy Star to expand cost-saving energy conservation and efficiency programs. And, we will continue to develop common-sense solutions for reducing GHG emissions from large stationary sources like power plants. In all of this, we must also recognize that climate change will affect other parts of our core mission, such as protecting air and water quality, and we must include those considerations in our future plans.

Improving Air Quality: American communities face serious health and environmental challenges from air pollution. We have already proposed stronger ambient air quality standards for ozone, which will help millions of American breathe easier and live healthier. Building on that, EPA will develop a comprehensive strategy for a cleaner and more efficient power sector, with strong but achievable emission reduction goals for SO2, NOx, mercury and other air toxics. We will strengthen our ambient air quality standards for pollutants such as PM, SO2 and NO2 and will achieve additional reductions in air toxics from a range of industrial facilities. Improved monitoring, permitting and enforcement will be critical building blocks for air quality improvement.

Assuring the Safety of Chemicals: One of my highest priorities is to make significant and long overdue progress in assuring the safety of chemicals in our products, our environment and our bodies. Last year I announced principles for modernizing the Toxic Substances Control Act. Separately, we are shifting EPA’s focus to address high-concern chemicals and filling data gaps on widely produced chemicals in commerce. At the end of 2009, we released our first-ever chemical management plans for four groups of substances, and more plans are in the pipeline for 2010. Using our streamlined Integrated Risk Information System, we will continue strong progress toward rigorous, peer-reviewed health assessments on dioxins, arsenic, formaldehyde, TCE and other substances of concern.

Cleaning Up Our Communities: In 2009 EPA made strong cleanup progress by accelerating our Superfund program and confronting significant local environmental challenges like the asbestos Public Health Emergency in Libby, Montana and the coal ash spill in Kingston, Tennessee. Using all the tools at our disposal, including enforcement and compliance efforts, we will continue to focus on making safer, healthier communities. I am committed to maximizing the potential of our brownfields program, particularly to spur environmental cleanup and job creation in disadvantaged communities. We are also developing enhanced strategies for risk reduction in our Superfund program, with stronger partnerships with stakeholders affected by our cleanups.

Protecting America’s Waters: America’s waterbodies are imperiled as never before. Water quality and enforcement programs face complex challenges, from nutrient loadings and stormwater runoff, to invasive species and drinking water contaminants. These challenges demand both traditional and innovative strategies. We will continue comprehensive watershed protection programs for the Chesapeake Bay and Great Lakes. We will initiate measures to address post-construction runoff, water quality impairment from surface mining, and stronger drinking water protection. Recovery Act funding will expand construction of water infrastructure, and we will work with states to develop nutrient limits and launch an Urban Waters initiative. We will also revamp enforcement strategies to achieve greater compliance across the board.

Expanding the Conversation on Environmentalism and Working for Environmental Justice: We have begun a new era of outreach and protection for communities historically underrepresented in EPA decision-making. We are building strong working relationships with tribes, communities of color, economically distressed cities and towns, young people and others, but this is just a start. We must include environmental justice principles in all of our decisions. This is an area that calls for innovation and bold thinking, and I am challenging all of our employees to bring vision and creativity to our programs. The protection of vulnerable subpopulations is a top priority, especially with regard to children. Our revitalized Children’s Health Office is bringing a new energy to safeguarding children through all of our enforcement efforts. We will ensure that children’s health protection continues to guide the path forward.

Building Strong State and Tribal Partnerships: States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection, but declining tax revenues and fiscal challenges are pressuring state agencies and tribal governments to do more with fewer resources. Strong partnerships and accountability are more important than ever. EPA must do its part to support state and tribal capacity and, through strengthened oversight, ensure that programs are consistently delivered nationwide. Where appropriate, we will use our own expertise and capacity to bolster state and tribal efforts.

Access the complete memo and links to several audio clips on various topics (click here).