"Monumental Accomplishment For Taxpayers" Is "Dead On Arrival"

Feb 22: At about 4:40 AM, Saturday morning (Feb. 19) the U.S. House of Representatives passed H.R. 1, the Continuing Resolution (CR) providing funding for the Federal Government for the remaining part of Fiscal Year 2011 (ending September 30), by a vote of 235-189 entirely along party lines. No Democrats voted for the bill and 3 Republicans voted with Democrats against the bill.

 

    Republicans and Democrats obviously had strikingly different views on the bill and its passage. House Appropriations Committee Chairman Hal Rogers (R-KY) said the passage was a "Monumental Accomplishment for American Taxpayers"; while the Committee Ranking Member Norm Dicks (D-WA) said the bill was "encumbered with an array of ideologically-driven provisions that will surely render it dead on arrival in the other body and virtually impossible for the President to sign it into law."

 

    The deadline to pass a new CR is March 4, 2011, to avoid a government-wide shutdown. To make matters worse, the U.S. Senate, where the bill now resides, is on recess for the remainder of the week and does not return until February 28, leaving four days to pass and sign a bill. However, efforts are already underway to extend the timelines (see below).

 

    Chairman Rogers said, "This bill is a monumental accomplishment for each and every American who believes that their government is spending too much. It dramatically scales back the size and scope of domestic government programs, eliminates $100 billion in spending compared to what the President asked for last year, and will mark the beginning of a new trend of reductions that will take place throughout the next year. We held no program harmless from our spending cuts, and virtually no area of government escaped this process unscathed. While these choices were difficult to make, we strived to spread the sacrifice fairly, weeding out waste and excess, with a razor-sharp focus on making the most out of every taxdollar. . .

 

    "In addition to spending cuts, the legislation also contains multiple provisions to stop harmful regulations or programs that would hurt the nation's economy and inhibit the ability of American businesses to create jobs, such as onerous EPA 'greenhouse gas' regulations, the Yucca Mountain nuclear waste storage facility application process, and the Obama Administration's health care reform act. The hand of government has reached too far into Americans' everyday lives, hindering our freedoms and impairing our economic recovery. This legislation will help stop harmful regulations, misguided laws, and over-reaching bureaucracies to allow our businesses to create jobs and our economy to thrive." 

 

    Ranking Member Dicks said, ". . . I believed the Republican approach to deficit reduction was too narrow and too focused on non-security discretionary spending – the smallest segment of spending in the budget.  Those spending levels would undoubtedly have been detrimental to our task of creating jobs and assuring our economic recovery. And I expressed my view that this specious concept of "cut and grow" had no basis in sound economic theory. . . the most conservative members of the Republican caucus objected and demanded that their leaders impose an additional $26 billion in budget cuts simply in order to adhere to an arbitrary $100 billion level that was pulled out of thin air and inserted into a campaign press release last fall. . .

 

    "While the debate has been a healthy debate, exposing the clear divisions in this body between our two parties over what we believe should be our budget priorities, the resulting product does not in any way represent a consensus view of this body and I believe it represents a prescription for further harm to our fragile economy and it imposes unfair cuts that will disproportionately affect many of our citizens who are least able to afford them. . . The Republican leadership knows that there is zero chance for this legislation to pass in the other body, and most likely we will see a completely different bill return to the House shortly before March 4th, presenting the prospect of a government shutdown if a compromise version cannot be achieved by then. While I believe it would be a serious mistake for the Republican leadership to let that happen, I worry that we are headed inexorably in that direction. . ."

 

    The CR was considered in an historic and unprecedented open process on the House floor that included more than 580 amendments offered by both parties and a grueling 60-plus hours of public debate. Of these amendments, 67 were accepted or passed, changing the underlying legislation and according to Chairman Rogers, "reflecting the fair representation of the American people. In all, the successful amendments included more than $620 million in additional spending cuts."

 

    In addition to the major cuts contained in H.R. 1, including for example nearly a 30% cut in U.S. EPA's budget, some of the environmental and energy related amendments in the final bill included:

• An amendment by Rep. Pompeo (R-KS) to eliminate $8.4 million from the EPA's Greenhouse Gas Registry, a program that collects data on industrial greenhouse gas emissions, returning its funding to 2008 levels.
• An amendment from Rep. Whitfield (R-KY) to eliminate $1.5 million for the "Greening of the Capitol" initiative from the Legislative Branch section of the CR.
• An amendment from Rep. McClintock (R-CA) that eliminates $20 million for tropical forest debt reduction, affecting the Department of the Treasury, Debt Restructuring portion of the CR.
• An amendment from Rep. Scalise (R-LA) that prohibits the use of federal funds to pay the salaries and expenses of the following "czars," or special presidential advisers who are not required to go through the Senate confirmation process: Obama Care Czar, Climate Change Czar, Global Warming Czar, Green Jobs Czar, Car Czar, Guantanamo Bay Closure Czar, Pay Czar and Fairness Doctrine Czar.
• An amendment from Rep. Carter (R-TX) that prohibits the use of funds to implement, administer or enforce the rule entitled "National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants," published by the Environmental Protection Agency on September 9, 2010, which limits the levels of mercury in cement.
• An amendment from Rep. Lummis (R-WY) to put a moratorium, for the duration of the CR, on the payment of legal fees to citizens and groups who sue the government, in order to study abuses in the system.
• An amendment from Rep. Young (R-AK) to prohibit funds from being used by the EPA's Environmental Appeals Board to consider, review, reject remand or other invalidate any permit issued for Outer Continental Shelf sources located offshore of the States along the Arctic Coast.
• An amendment from Reps. Poe (R-TX), Barton (R-TX) and Carter (R-TX) that defines specifically what greenhouse gases are and prohibits the EPA from imposing regulations on those gasses emitted by a stationary source for seven months.
• An amendment from Rep. McClintock (R-CA) that prohibits funds from being used to implement the Klamath (California) Dam Removal and Sedimentation Study, conducted by the US Bureau of Reclamation and the US Fish and Wildlife Service.
• An amendment by Rep. Herger (R-CA) that prohibits the use of funds to implement or enforce the Travel Management Rule, which would close roads and trails on National Forest System land.
• An amendment from Rep. Johnson (R-OH) to prohibit the use of funds for the Department of the Interior's Office of Surface Mining, Reclamation and Enforcement (OSM) from moving forward with a proposed rule that would effectively eliminate the Stream Buffer Zone Rule, a rule that presently allows surface mining operations with qualified permits to work within 100 feet of a stream.
• An amendment from Rep. Goodlatte (R-VA) that would prohibit EPA funding for enforcement of total maximum daily loads in the Chesapeake Bay watershed.
• An amendment from Rep. Rooney (R-FL) that prohibits funding for the EPA to impose and enforce federally mandated numeric Florida water quality standards.
• An amendment from Rep. Flake (R-AZ) that prohibits funds from being used to construct ethanol blender pumps or ethanol storage facilities.
• An amendment from Rep. Hall (R-TX) prohibiting funds to implement a National Oceanic and Atmospheric Administration (NOAA) Climate Service, part of the President's fiscal year 2012 budget request.
• An amendment from Rep. Griffith (R-VA) prohibiting the EPA, Corps of Engineers and the Office of Surface Mining from implementing coordination procedures that have served to extend and delay the review of coal mining permits.
• An amendment from Rep. Jones (R-NC) that prohibits the use of funds from being used to develop or approve a new limited access privilege program – "catch-shares" – for any fishery under the jurisdiction of the South Atlantic, Mid-Atlantic, New England or Gulf of Mexico Fishery Management Council.
• An amendment from Rep. Luetkemeyer (R-MO) that prohibits the use of funds for the UN Intergovernmental Panel on Climate Change.
• An amendment from Rep. Sullivan (R-OK) that blocks funds for the EPA to implement a waiver to increase the ethanol content in gasoline from 10 percent to 15 percent.
• An amendment from Rep. McKinley (R-WV) that prohibits funding for the EPA to deny proposed and active mining permits under Section 404 (c) of the Clean Water Act, specifically to revoke retroactively a permit for the Spruce Mine in West Virginia.
• An amendment from Rep. McKinley (R-WV) that prohibits funding for the EPA to implement regulations to designate coal ash reside as hazardous waste.
• An amendment from Rep. Pompeo (R-KS) that prohibits funds for a government sponsored "consumer products complaints database."
• An amendment from Rep. Noem (R-SD) to prohibit funding for EPA to modify the national primary ambient air quality standards applicable to coarse particulate matter (dust).

     Needless to say there will be a battle in the Senate when the CR is considered there when the Senate returns. Senate Appropriations Committee Chairman Daniel Inouye (D-HI) released a statement and analysis of the Continuing Resolution (H.R. 1) prior to the latest round of amendments. In his statement Senator Inouye said, "The impact of H.R. 1 on the ability of the federal government to perform even some of its most basic functions is, in many instances, severe. The Constitution requires of the government that it '…establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity...'. The House Republican proposal would undermine our ability to live up to these ideals, and do little to address the long-term fiscal challenges facing our nation. . .

 

    ". . .many of the reductions proposed by the House were made not because programs were ineffective or wasteful, but out of desire to meet an arbitrary dollar figure cited during a political campaign. Many of the recommendations in this bill resulted from a "meat cleaver" approach to budget cuts, when we should be using a scalpel -- responsibly identifying specific programs that are wasteful or unneeded. . . We cannot win the future by gutting the very programs that make America competitive in the first place. . ."

   

    On February 22, Senate Majority Leader Harry Reid (D-NV) announced his plans to introduce a clean, short-term Continuing Resolution that will give Democrats and Republicans time to negotiate a plan to responsibly cut government spending. Senator Reid said, "Speaker Boehner should stop drawing lines in the sand, and come to the table to find a responsible path forward that cuts government spending while keeping our communities safe and our economy growing. It would be the height of irresponsibility to shut down the government without any negotiations, as Republicans are threatening to do. A shutdown could send our fragile economy back into a recession, and mean no Social Security checks for seniors, less funding for border security and no paychecks for our troops.

 

    "To avoid a shutdown and give us time to negotiate a responsible path forward, I have asked Sen. Inouye, Chairman of the Senate Appropriations Committee, to prepare a clean Continuing Resolution that I can bring to the floor next week. Since this bill is intended to fund vital services like Social Security, our military and border security, it should have no legislation or riders tied to it. This bill will include the $41 billion in budget cuts that Democrats and Republicans agreed to in December, and will keep the government running for 30 days while both sides can negotiate a common-sense, long-term solution. I have asked my chief of staff, David Krone, to begin negotiations with Speaker Boehner's chief of staff, Barry Jackson, to craft a long-term continuing resolution that cuts waste and excess, while protecting the initiatives that keep us safe, put Americans back to work and keep our economy on the right track. It is time to drop the threats and ultimatums, and work together on a path forward. I am asking Speaker Boehner to simply take the threat of a government shutdown off the table, and work with us to negotiate a responsible, long-term solution."

 

    Access a lengthy release from Chairman Rogers with a summaries of key provisions (click here). Access a release from Ranking Member Dicks (click here). Access complete legislative details with links to amendments and votes on individual amendments (click here). Access the House Appropriations website for links to a table of program cuts, CR summary and  CR savings (click here). Access a release and analysis from Sen. Inouye (click here). Access a release from Sen. Reid (click here). Access a fact sheet from Senate Democrats on the House-passed CR (click here).

 

THE REST OF TODAY'S NEWS
- Environmental Groups React To House CR Passage
- UNEP Releases Major Green Economy Report
- Release Of Chief Counsel's Investigation Of BP Oil Spill
- Senators Seek Bipartisan Legislative Solution To "Boiler MACT" Rule
- Next Steps In Gulf Natural Resource Damage Assessment Process
- EPA Recognizes 74 Leading Energy Star Organizations  

(Click here for details)

EPA Issues "California Waiver" For Vehicle GHG Controls

Jun 30: After years of intense legal and political wrangling, U.S. EPA is granting California’s waiver request enabling the state to enforce its greenhouse gas emissions standards for new motor vehicles, beginning with the current model year. EPA said, "Using the law and science as its guide, EPA has taken this action to tackle air pollution and protect human health."

EPA Administrator Lisa Jackson said, “This decision puts the law and science first. After review of the scientific findings, and another comprehensive round of public engagement, I have decided this is the appropriate course under the law. This waiver is consistent with the Clean Air Act as it’s been used for the last 40 years and supports the prerogatives of the 13 states and the District of Columbia who have opted to follow California’s lead. More importantly, this decision reinforces the historic agreement on nationwide emissions standards developed by a broad coalition of industry, government and environmental stakeholders earlier this year.”

The first California waiver request was made in December 2005 and was subsequently denied in March 2008. This previous decision was based on a Bush-era interpretation of the Clean Air Act finding that California did not have a need for its greenhouse gas emission standards to meet “compelling and extraordinary conditions.” California made its request for a waiver of federal preemption under CAA Section 209(b), to permit enforcement of the State's new motor vehicle emission standards to control greenhouse gas emissions adopted in September 2005. The State subsequently submitted its waiver request to EPA in December that year.

Shortly after taking office in January, President Barack Obama directed EPA to assess the appropriateness of denying the waiver. EPA received a letter from California on January 21, 2009, raising several issues for Administrator Jackson to review regarding the denial. Last month, President Obama announced a first-ever national policy aimed at both increasing fuel economy and reducing greenhouse gas pollution for all new cars and trucks sold in the United States [See WIMS 5/19/09]. The new standards would cover model years 2012-2016. When the national program takes effect, California has committed to allowing automakers who show compliance with the national program to also be deemed in compliance with state requirements.

In a release, EPA indicated that with the decision to grant the California waiver, the Agency returns to its traditional legal interpretation of the Clean Air Act that has been applied consistently during the past 40 years. EPA finds that California continues to have a need for its motor vehicle emissions program, including the greenhouse gas standards. EPA also finds that the California program meets legal requirements regarding the protectiveness of public health and welfare as well as technological feasibility.

EPA said it based its decision on an extensive record of scientific and technical evidence. As part of the reconsideration, EPA revisited the prior decision documents and record. The Agency also opened a new comment period, including public hearings. The Clean Air Act gives EPA the authority to allow California to adopt its own emission standards for new motor vehicles due to the seriousness of the State’s air pollution challenges. There is a long-standing history of EPA granting waivers to the State of California.

California Governor Arnold Schwarzenegger issued a statement on EPA's action saying, "After being asleep at the wheel for over two decades, the federal government has finally stepped up and granted California its nation-leading tailpipe emissions waiver. This decision is a huge step for our emerging green economy that will create thousands of new jobs and bring Californians the cars they want while reducing greenhouse gas emissions. Thanks to the environmental commitment of President Obama and the continued leadership of state Senator Fran Pavley, California's long battle to reduce pollution from passenger vehicles is over, and a greener, cleaner future has finally arrived."

California is the only state under the Federal Clean Air Act, with the unique ability to set stricter-than-Federal standards for vehicles, as long as it gets a waiver from the Federal government. Once California receives a waiver from the Federal government, then other states can choose to adopt California's cleaner standards. Thirteen other states and the District of Columbia have adopted California's clean car standards. The thirteen other states, as of January 21, 2009, that have adopted California's standards include: Arizona, Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

The California release includes comments from a number of the other state Governors. For example: Vermont Governor Jim Douglas said, "The Obama Administration's decision to grant California a waiver for its standards restricting greenhouse gas emission from motor vehicles is a significant step in the right direction for Vermont and other states that adopted these standards. My commitment to reducing carbon emissions in Vermont is longstanding as Vermont has been fighting to join California in adopting these standards for some time now. . . Auto emissions are one of the main contributors to greenhouse gas concentrations. This is particularly true in Vermont where the transportation sector accounts for approximately 45 percent of our carbon footprint. That is why reducing an emission from automobiles is so important here in Vermont."

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works issued a statement saying, "The granting of this waiver will unleash innovative technologies that will create millions of clean energy jobs as we move toward new cleaner and more efficient vehicles. It should be comforting to the American people to know that the Environmental Protection Agency is now putting science and the law back into the driver’s seat rather than politics and special interests. I commend the Obama Administration for doing what is right for the people of California, the environment and the many states in the union that intend to follow California’s lead in cleaning up tailpipe emissions.”

Dave McCurdy, president and CEO, Alliance of Automobile Manufacturers (AAM) said, "President Obama’s decision last month to create a single national program for greenhouse gas emissions and fuel economy standards moves us toward a policy that ensures that consumers in all 50 states have access to highly fuel-efficient vehicles at an affordable price. We are hopeful the granting of this waiver will not undermine the enormous efforts put forth to create the national program. The President has succeeded in bringing three regulatory bodies, 15 states, a dozen automakers and many environmental groups to the table. The national program has launched a new beginning, a new chapter and a new era of cooperation. Automakers remain committed to working with all parties to further this single national program administered by the federal government."

AAM reported that EPA and the National Highway Traffic Safety Administration (NHTSA) have initiated efforts to issue a joint rulemaking that is intended to reflect a coordinated and harmonized approach to implementing the Clean Air Act and the Energy Policy and Conservation Act. The rulemaking is expected to begin shortly and be concluded by March 30, 2010 and will apply to vehicles from MY 2012-2016.

James Fine, economist and policy scientist at Environmental Defense Fund (EDF) said, "Cleaner cars are a trifecta that will save families money at the gas pump, reduce our dependence on foreign oil, and cut global warming pollution from tailpipes." EDF issued a new report, Saving Fuel, Saving Money, Saving Our Climate, that compares automobile fleets under two scenarios for years 2010 through 2030. The first scenario is based on current and projected Federal Corporate Average Fuel Economy (CAFÉ) standards. The second scenario is based on implementation of California's vehicle greenhouse gas performance standards (i.e., Clean Car Standards) through 2020, with continued progress through 2030. The Clean Car Standards can be achieved using existing technologies, including: alternative fuels, advanced tire technology, engine adjustments and improved air conditioning systems. Fine said, "This study shows that once these standards go into effect in these states, drivers will save billions of dollars, while dramatically reducing global warming pollution from tailpipes, one of the major sources of global warming pollution."

Access a release and audio clips from U.S. EPA (click here). Access EPA's CA Waiver website for extensive background information (click here). Access a release from Gov. Schwarzenegger that includes comments from other Governors (click here). Access a release from Sen. Boxer (click here). Access a release from AAM (click here). Access a release from EDF and link to the report (click here). For background information on the historical controversy see numerous WIMS-eNewsUSA blog posts (click here).

President Resolves Differences On CAFE & Auto GHG Management

May 19: In a White House Rose Garden event with many distinguished attendees, President Obama announced his national autos program to adopt uniform Federal standards to regulate both fuel economy and greenhouse gas (GHG) emissions while preserving the legal authorities of DOT, EPA and California. Attending the ceremony were the CEO's of major U.S. and foreign auto companies, the heads of U.S EPA and DOT, and other departments, Governors of MI, CA, and MA, Senators from MI and CA, major environmental organizations and others. The President's program resolves years of bitter controversy and legal wrangling over CAFE (Corporate Average Fuel Economy] standards, the "California waiver" and related energy and climate change issues.

The program covers model year 2012 to model year 2016 and ultimately requires an average fuel economy standard of 35.5 mpg in 2016. The result is a projected reduction in oil consumption of approximately 1.8 billion barrels over the life of the program and a projected total reduction in greenhouse gas emissions of approximately 900 million metric tons. This groundbreaking policy is good for consumers, good for the auto industry and it helps our country by reducing pollution and promoting energy independence.

Ten car companies and the UAW have embraced the national program because it provides certainty and predictability to 2016 and includes flexibilities that will significantly reduce the cost of compliance. The program also honors President Obama’s commitment to reconsider the denial of the California waiver by the Bush Administration. Under the agreement, EPA would grant California's request to enforce its state clean car standards while the U.S. develops harmonized national emission standards and fuel economy standards under Federal law. Significantly, the nation's automakers would drop long-standing litigation over the state clean car standards.

According to a White House fact sheet, the resolution would be good for consumers, the economy and the country. The fact sheet indicates that consumers will receive savings in increased fuel efficiency; maintain a choice of vehicles such as size of cars, trucks and SUVs; and benefit from reduced air pollution, the reduction of greenhouse gas emissions and other conventional pollutants.

The economy and auto companies would benefit by having one national policy for all automakers; the potential to lower compliance costs for automakers by avoiding a patchwork of fuel efficiency and pollution rules; providing clarity, predictability and certainty concerning the rules; and providing flexibility on how to meet the expected outcomes and the lead time needed to innovate.

Finally, the country would benefit by reducing the dependence on oil (1.8 Billion barrels of oil cumulatively, over the lifetime of the program) and significant reductions in greenhouse gas emissions (savings equivalent to taking 177 million of today's cars off the road). And, the program would result in historic collaboration between EPA and DOT, and cooperation and support between CEOs, Governors, the UAW, the environmental community and others.

President Obama said, "In the past, an agreement such as this would have been considered impossible. That is why this announcement is so important, for it represents not only a change in policy in Washington, but the harbinger of a change in the way business is done in Washington. As a result of this agreement, we will save 1.8 billion barrels of oil over the lifetime of the vehicles sold in the next five years. And at a time of historic crisis in our auto industry, this rule provides the clear certainty that will allow these companies to plan for a future in which they are building the cars of the 21st century."

According to a White House release, this groundbreaking policy delivers on the President’s commitment to enact more stringent fuel economy standards and represents an unprecedented collaboration between the Department of Transportation (DOT), the Environmental Protection Agency (EPA), the world’s largest auto manufacturers, the United Auto Workers, leaders in the environmental community, the State of California, and other state governments.

EPA Administrator Lisa P. Jackson said, "The President brought all stakeholders to the table and came up with a plan to help the auto industry, safeguard consumers, and protect human health and the environment for all Americans. A supposedly 'unsolvable' problem was solved by unprecedented partnerships. As a result, we will keep Americans healthier, cut tons of pollution from the air we breathe, and make a lasting down payment on cutting our greenhouse gas emissions." Carol Browner, Assistant to the President for Energy and Climate Change said, "A clear and uniform national policy is not only good news for consumers who will save money at the pump, but this policy is also good news for the auto industry which will no longer be subject to a costly patchwork of differing rules and regulations. This an incredible step forward for our country and another way for Americans to become more energy independent and reduce air pollution."

Dave McCurdy, president and CEO, Alliance of Automobile Manufacturers said, "For seven long years, there has been a debate over whether states or the federal government should regulate autos. President Obama’s announcement ends that old debate by starting a federal rulemaking to set a National Program. Automakers are committed to working with the President to develop a National Program administered by the federal government. What’s significant about the announcement is it launches a new beginning, an era of cooperation. The President has succeeded in bringing three regulatory bodies, 15 states, a dozen automakers and many environmental groups to the table. We’re all agreeing to work together on a National Program."

Frances Beinecke, President of the Natural Resources Defense Council (NRDC) said, "President Obama, the state of California, the auto industry, and environmental leaders have come together around a global warming solution that will strengthen our economy and put the auto industry on the path to a clean energy future. The future of the auto industry lies in making cleaner, more fuel-efficient vehicles that reduce global warming pollution and our dependence on oil. These new national rules build on California's ground-breaking standards to tackle global warming pollution from cars and trucks. Starting in model year 2012, the new standards will deliver cleaner, higher-mileage cars nationwide, cut global warming pollution, and save drivers money every time they fill up."

Access a release from the White House (click here). Access a White House fact sheet (click here). Access a lengthy release from Alliance of Automobile Manufacturers with an historical summary (click here). Access a release from the NRDC (click here). [Note: Many others issued releases on this development; too numerous to cover all]

Sen. "Moderates" Will Influence Environmental & Energy Legislation

Mar 18: The major announcement that 15 Senators -- 14 "moderate" Democrats and Joe Lieberman (I-CT) -- were forming a coalition to help shape public policy may have a huge impact on pending proposals for environmental, energy and climate change legislation. In a release, Senator Evan Bayh (D-IN) announced the diverse Group of 15 Senators will meet regularly to shape public policy. He said the group’s goal is to work with the Senate leadership and the new administration to craft "common-sense solutions to urgent national problems."

The Group of 15, including some strong supporters of President Obama is lead by: Bayh of Indiana, Tom Carper (D-DE) and Blanche Lincoln (D-AR); and also includes Mark Udall (D-CO); Michael Bennet (D-CO), Mark Begich (D-AK); Kay Hagan (D-NC); Herb Kohl (D-WI); Mary Landrieu (D-LA); Joe Lieberman (I-CT), Claire McCaskill (D-MO); Ben Nelson (D-NE); Bill Nelson (D-FL); Jeanne Shaheen (D-NH); and Mark Warner (D-VA).

With the delicate balance of power in the Senate requiring near unanimous Democratic support, plus a handful Republicans to achieve the "magic" 60 number to avoid a filibuster; the group immediately becomes a force to be reckoned with. Even if the widely discussed "reconciliation" process, requiring only 50 votes is utilized, the new group's support will be essential. The three group leaders are all honorary co-chairs of Third Way, a progressive Democratic policy group, and Senators Bayh and Carper have led the centrist Democratic Leadership Council.

While much of the media coverage on the Group of 15 was buried in the mass of coverage of the AIG bonuses issue, most reporting dealt with the groups influence and concerns with the Obama budget proposal. It is important to note that the group has defined its mission to help "shape public policy" in general. Major environmental issues on the table including climate change, cap-and-trade v. carbon tax, the California waiver, renewable energy standards, the future of coal, nuclear waste management, drilling in the Arctic National Wildlife Refuge (ANWR), Outer Continental Shelf (OCS), and other public lands; Corporate Average Fuel Economy (CAFE) standards and more; will obviously be high on the group's agenda.

With the Obama Administration already calling for bipartisan solutions to major issues, ending "earmarks as we know them," and making coal and nuclear power part of the energy mix, the new coalition may provide an interesting twist on finding more "middle of the road" solutions and buffering the opposition from the extreme ends of the Republican and Democratic parties. Early attempts at bipartisan solutions, as demonstrated by the narrow passage of the stimulus bill in the Senate, have proven difficult and will likely get worse with other major issues including controversial energy and environmental issues.

Senator Bayh indicated that the "Moderate Dems Working Group" will meet every other Tuesday before the Democratic Caucus lunch to discuss legislative strategies and ideas. The Moderate Dems held their second meeting Tuesday to focus on the upcoming budget negotiations and the importance of passing a fiscally responsible spending plan in the Senate. At the working group meeting, Senator Bayh acknowledged that such a large group was unlikely to agree on all major issues before the Senate. Yet he said, "the Moderate Dems are joined by a shared commitment to pursue pragmatic, fiscally sustainable policies across a range of issues, such as deficit containment, health care reform, the housing crisis, educational reform, energy policy and climate change."

Bayh said, “We have a wonderful opportunity to break gridlock in Washington and accomplish big things for the American people, but we also have a responsibility to pursue sensible solutions that will work. Our group seeks to work collaboratively with the Obama administration and Senate leadership to make sure legislation is crafted in a practical way that will solve people’s problems. It’s going to take all of us working together in the Senate to get the 60 votes necessary to deliver the change the American people deserve.”

Senator Carper said, “The number of moderate Democrats has grown substantially in the past two Congresses -- and in America. We can play a constructive role in helping our leadership and the Obama administration get things done in this new Congress. Now, more than ever, the Senate needs to put ideology aside, to find common ground on legislation, and to deliver results for the American people.”

Senator Lincoln said, “Arkansans are pragmatic and expect results from their leaders in Congress. I’m proud to play a constructive role as we work with the administration and Senate leadership to help reach consensus on important issues and serve as a voice for fiscal responsibility.”

Senator Bayh's release included a comment from Senate Majority Leader Harry Reid (D-NV) saying, “If we are going to deliver the change Americans demanded and move our country forward, it will require the courage to get past our political differences and get to work. Established organizations like Third Way and new ventures like this group offer us a new opportunity to get things done, and I support every effort that puts real solutions above political posturing.”

Access a release from Senator Bayh (click here). [*All]

Reactions To President's Directives On Energy & Climate Change

Jan 27: There was significant reaction from many sectors to President Obama's direction to U.S. EPA to review the previous denial of a waiver request by California to set its own standards for the regulation of vehicle emissions and his directive for the Department of Transportation (DOT) to establish higher Corporate Average Fuel Economy (CAFE) standards for carmakers' 2011 model year. [See WIMS 1/26/09]. In his speech, announcing the directives, the President also delivered his strongest statements to date on climate change and global warming. He said, ". . . the long-term threat of climate change, which, if left unchecked, could result in violent conflict, terrible storms, shrinking coastlines, and irreversible catastrophe. . ."

On the California waiver it is important to emphasize precisely what the President said as there has been considerable misleading reports and statements on his statement. The President said, "California has shown bold and bipartisan leadership through its effort to forge 21st-century standards, and over a dozen states have followed its lead. But instead of serving as a partner, Washington stood in their way. This refusal to lead risks the creation of a confusing and patchwork set of standards that hurts the environment and the auto industry. . . And that's why I'm directing the Environmental Protection Agency to immediately review the denial of the California waiver request and determine the best way forward. This will help us create incentives to develop new energy that will make us less dependent on the oil that endangers our security, our economy and our planet." [emphasis added]. It appears the President is proposing a national standard and would like to discourage individual states from adopting the California standard.

There has also been confusing reporting on the number of other states interested in adopting the California standard. The State of California reports that thirteen other states, as of January 21, 2009, have adopted California's standards including: Arizona, Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. In various reports and statements, it has also been implied that there would be many different regulations in the various states if the California waiver were granted. It should also be emphasized that if the California waiver were approved and other states were to adopt the California standard as permitted under the Clean Air Act, there would only be two different standards -- not 16-18 different standards in various states.

The following is a sampling of various reactions from different sectors to the President's announcements. Access the complete statements by clicking on the active links.

House Speaker Nancy Pelosi (D-CA) - "This morning, President Obama signaled that our country can no longer afford to wait to combat the climate crisis and our dangerous dependence on foreign oil. He is setting our country on a path led by science and innovation, in a dramatic departure from the past eight years. Granting the request of California and other states to move forward with reducing greenhouse gases emissions from vehicles will steer American automakers to retool their fleets. Only through innovation will automakers be able to create the greener cars of the future and regain their global competitiveness. President Obama has also sent a clear message on CAFE standards. Restarting the implementation of new fuel efficiency standards will allow the Obama Administration to bring fresh thinking to the process and ensure the standards achieve the goals set by Congress in the landmark 2007 energy bill."

House Republican Leader John Boehner (R-OH) - “The President’s action today is disappointing. The effect of this policy will be to destroy American jobs at the very time government leaders should be working together to protect and create them. Millions of American jobs will be placed in further jeopardy if automakers are forced to spend billions to comply with potentially dozens of different emissions standards in dozens of different states. . . Reversing the decision could open the door to states setting their own standards, forcing struggling American automakers -- which recently received billions in taxpayer funds -- to comply with potentially dozens of different and costly standards across the country."

U.S. Senator Barbara Boxer (D-CA) - "I have long said that granting California the waiver so that California and 18 other states can address tailpipe emissions from cars is the best first step the President can take to combat global warming and reduce our dependence on foreign oil. It is so refreshing to see that the President understands that science must lead the way. We know that the scientists and professionals at EPA have made it clear that science and the law demand that the waiver be granted. As Chairman of the Environment and Public Works Committee, I will be working with the new EPA Administrator to ensure that the California waiver moves forward as quickly as possible. The President's comments about the importance of American leadership on clean energy and global warming were also music to my ears."

U.S. Senator James Inhofe (R-OK) - It’s unfortunate that the administration believes a patchwork of state regulations is better than a single national fuel economy standard. This is a crippling mandate for the ailing auto industry. Why attempt to bail out the auto industry on one hand and on the other mandate regulations that will further raise costs and result in more job losses in the industry? The potential granting of this waiver could authorize an untested, state-by-state regulatory program that could undermine the national CAFE standard, thus creating a patchwork of regulatory compliance obligations that would provide marginal, if any, benefit from a greenhouse gas reduction standpoint, but would tremendously increase costs and burdens on interstate commerce and on the automobile industry. It is a political exercise that attempts to address a global issue with a statewide solution that undermines a carefully crafted and newly revised national fuel economy standard.”

Representative Edward Markey (D-MA) - This is an energy triple play that will cut global warming pollution, increase innovation, and reduce our dependence on foreign oil. It shows what a visionary president is capable of doing, and the faith he has in the economic revival that America's automotive and energy industries can produce. . . President Obama is right to reconsider the way these fuel economy standards are implemented, and will undoubtedly use sound science and realistic analysis to achieve the strongest results that benefit consumers. Granting the waiver to California, Massachusetts and other states to go forward with reducing global warming emissions from vehicle tailpipes is what even the Bush Administration’s own experts concluded must be done, and I’m delighted that the era of politics trumping science and the law is over.

California Governor Arnold Schwarzenegger - "With this announcement from President Obama less than a week into his administration, it is clear that California and the environment now have a strong ally in the White House. Allowing California and other states to aggressively reduce their own harmful vehicle tailpipe emissions would be a historic win for clean air and for millions of Americans who want more fuel-efficient, environmentally-friendly cars. My administration has been fighting for this waiver since 2005 and we will not give up until it is granted because we owe it to our children and to our grandchildren to do more than just protect our natural resources, we must also work to improve them so that we leave behind an environment for future generations that is better than it is today.” [See also a California chronology on the waiver issue]

National Association of Clean Air Agencies - "Federal legislation must not preempt state or local governments from taking additional and more stringent actions to reduce GHG emissions. . . EPA should propose and promulgate a finding that GHG emissions endanger public health and welfare and use the authorities under the Clean Air Act to regulate GHG emissions. . . The Bush Administration’s denial of California's waiver request left California and over a dozen states with limited means to reduce motor vehicles' contributions to climate change. The Administration should immediately overturn the decision denying California's waiver application. . ." [Excerpted from a comprehensive set of recommendations for the Obama Administration, dated 12/16/08]

Alliance of Automobile Manufacturers - "The Alliance supports a nationwide program that bridges state and federal concerns and moves all stakeholders forward, and we are ready to work with the Administration on developing a national approach. Since CA sought federal permission to set its own fuel economy/CO2 standards, there have been many developments. The U.S. Supreme Court directed EPA to reconsider greenhouse gas regulations for autos, the Congress passed stringent new fuel economy standards requiring CO2 reductions of at least 30%, automakers are offering more than 25 models of hybrids for sale in 2009, President Obama and a Democratic Senate and House are considering a comprehensive, economy-wide approach to CO2 reductions, and the credit crunch is producing the toughest marketplace since World War II. Today in the U.S. there are three voices on fuel economy/CO2 -- NHTSA, EPA and CA -- and each has different standards, different structures and different timelines. Automakers seek a federal-state solution that provides us with compliance clarity and one national standard. The Alliance also urges the Obama Administration to issue fuel economy standards for MY2011, because automakers are working on their product plans now and need the certainty of final standards."

U.S. Chamber of Commerce - “At a time when we need to jump start our economy, regulating CO2 in this manner would stop most of President Obama’s stimulus proposal cold in its tracks and create a regulatory train wreck. California should not set national standards for environmental regulation. The President already has the authority to regulate greenhouse gas emissions from motor vehicles under the Energy Independence and Security Act of 2007. Allowing the California waiver would create a patchwork of regulations, be inefficient, and not achieve the desired outcome. As Congress tries to bail out the auto industry, California wants to punch more holes in the bottom of the boat. In addition, such a move would put the EPA one step closer to making carbon dioxide ‘subject to regulation’ under the Act."

National Association of Manufacturers - "The NAM understands the fundamental importance of protecting the environment. Our member companies are committed to greater environmental sustainability, including energy efficiency and conservation and reducing greenhouse gas emissions associated with global climate change. We know we cannot solve the climate change issue alone. . . A separate waiver for California would lead to a patchwork of greenhouse gas reduction laws when climate change is a global issue and should be addressed on a national level."

American Petroleum Institute - API supports President Obama’s desire to fortify the nation’s energy security with a comprehensive energy policy. The oil and natural gas industry, which supports 6 million workers, stands ready to advance those national goals and we urge policymakers to proceed with plans to extend new leases on non-park federal lands and waters to develop energy resources that belong to the American people. However, the President’s directive to the Environmental Protection Agency to reconsider its denial of California’s request for a waiver that stopped California and 13 other states from implementing their own limits on auto emissions is not the way to go on reducing greenhouse gas emissions. Creating a patchwork regulatory structure across multiple states would most likely impose higher costs on consumers, slow economic growth and kill U.S. jobs.

Earthjustice - "President Obama's directive is a much welcome move toward an energy efficient economy, with cleaner air and reduced greenhouse gas emissions. We're very pleased the President took this immediate step toward allowing California and other states to set stronger standards. We're on our way to producing more jobs and a cleaner environment, during a time where restoring both the economy and the environment are crucial to this country."

Natural Resources Defense Council - “What a thrilling moment to have our new president put his vision into action for a cleaner and safer environment. President Obama’s announcement is a big step in fulfilling his campaign promises for a clean energy economy that will move America beyond oil, create new jobs and reduce global warming pollution. This is a strong signal to the world that America is ready to quickly step forward as a leader in the fight against global warming.”

Environmental Defense Fund - President Barack Obama signed two executive orders that could be remembered as the critical turning point toward achieving real energy independence and stopping global warming. . . The President's powerful statement affirming his commitment to moving aggressively to cut global warming emissions and unleash America's clean energy future laid out clear goals for action in the coming weeks and months.

National Wildlife Federation - "Today’s decision provides the kind of sound direction the auto industry needs to once again lead and build the kind of cars not only America needs, but the world needs. Our energy policies will no longer be based on denial and delay but instead on sound science that tells us we don’t have to choose among efficient vehicles, jobs and a healthy environment. With these new standards and President Obama’s proposed new green investments, we can advance cutting-edge technology that will restore America’s place as a world leader in the auto industry, save consumers money, and reduce our global warming pollution. President Obama has sent a clear message that America is leaving behind our failed fossil fuel policies that leave consumers at the mercy of wild swings in prices at the pump."

Union of Concerned Scientists - "This is a clean break from the previous administration's do-nothing approaches on global warming and U.S. oil dependence. Reconsidering the waiver denial is a clear indication that the new administration is ready to lead on energy and global warming. With this announcement, President Obama is beginning to make good on his campaign pledge to restore science to its rightful place in federal policymaking. I'm confident the administration will heed the advice of EPA staff scientists, grant the waiver, and take necessary steps to implement nationwide greenhouse gas standards for vehicles. If EPA Administrator Lisa Jackson follows through with her promise to keep the process transparent, we'll know the role science played in this decision."

GreenpeaceUSA - “For eight years, President Bush blocked the country’s progress on global warming solutions. At long last, the era of obstruction and denial is over. . . Detroit itself has indicated that this action is not only possible but also good for business. In its ‘modernization plans’ submitted to Congress as part of its request for a taxpayer bailout last fall, General Motors pledged fuel efficiency improvements that would allow the company to meet a national clean cars standard consistent with California’s, according to an analysis by Natural Resources Defense Council."

United Nations Environment Programme - "Just days after taking office, US President Barack Obama has appointed a climate envoy and cleared the way for new rules to force automakers to produce cleaner cars. The President signed papers aimed to prod the struggling US auto industry to design new fuel-efficient vehicles. His Administration is also considering whether to allow California to regulate car emissions, which are blamed for contributing to global warming. The move could prompt 18 states to put in place tougher emission limits than federal standards over coming months."

Access the complete statements above by clicking on the active links. Access the "The Energy Independence and Security Act of 2007" Presidential Memo (click here). Access the "State of California Request for Waiver" Presidential Memo (click here). Access various WIMS-eNewsUSA blog posts on the California waiver issue (click here). [*Energy, *Climate]

President Obama Addresses Climate Change & Energy Independence

Jan 26: In an early morning statement and signing event, President Obama said, "This moment of peril must be turned to one of progress," and signed his first two Presidential Memoranda aimed at defining a path to energy independence. In what he called, "a down payment on a broader and sustained effort to reduce our dependence on foreign oil," he directed the Department of Transportation (DOT) to establish higher Corporate Average Fuel Economy (CAFE) standards for carmakers' 2011 model year. In his second memo he directed U.S. EPA to review the California waiver request, previously denied by the Bush administration, that would pave the way for California and some 16 other states to raise emissions standards above and beyond the national standard. President Obama said, "Instead of serving as a partner, Washington stood in their way. The days of Washington dragging its heels are over."

In his opening remarks the President said, "These are extraordinary times, and it calls for swift and extraordinary action. At a time of such great challenge for America, no single issue is as fundamental to our future as energy. America's dependence on oil is one of the most serious threats that our nation has faced. It bankrolls dictators, pays for nuclear proliferation and funds both sides of our struggle against terrorism. It puts the American people at the mercy of shifting gas prices, stifles innovation, and sets back our ability to compete. These urgent dangers to our national and economic security are compounded by the long-term threat of climate change, which, if left unchecked, could result in violent conflict, terrible storms, shrinking coastlines, and irreversible catastrophe. . .

"Year after year, decade after decade, we've chosen delay over decisive action. Rigid ideology has overruled sound science. Special interests have overshadowed common sense. Rhetoric has not led to the hard work needed to achieve results and our leaders raise their voices each time there's a spike on gas prices, only to grow quiet when the price falls at the pump. Now America has arrived at a crossroads. Embedded in American soil, in the wind and the sun, we have the resources to change. Our scientists, businesses and workers have the capacity to move us forward. It falls on us to choose whether to risk the peril that comes with our current course or to seize the promise of energy independence. And for the sake of our security, our economy and our planet, we must have the courage and commitment to change. . .

"Today I'm announcing the first steps on our journey toward energy independence, as we develop new energy, set new fuel efficiency standards and address greenhouse gas emissions. . . First we must take bold action to create a new American energy economy that creates millions of jobs for our people. The American Recovery and Reinvestment Plan before Congress places a downpayment on this economy. . . Second, we must ensure that the fuel-efficient cars of tomorrow are built right here in the United States of America. . . Third, the federal government must work with, not against, states to reduce greenhouse gas emissions."

On the California waiver question the President said, "California has shown bold and bipartisan leadership through its effort to forge 21st-century standards, and over a dozen states have followed its lead. But instead of serving as a partner, Washington stood in their way. This refusal to lead risks the creation of a confusing and patchwork set of standards that hurts the environment and the auto industry. . . And that's why I'm directing the Environmental Protection Agency to immediately review the denial of the California waiver request and determine the best way forward. This will help us create incentives to develop new energy that will make us less dependent on the oil that endangers our security, our economy and our planet."

On global climate change, he said, "Finally, we will make it clear to the world that America is ready to lead. To protect our climate and our collective security, we must call together a truly global coalition. I've made it clear that we will act, but so too must the world. That's how we will deny leverage to dictators and dollars to terrorists, and that's how we will ensure that nations like China and India are doing their part, just as we are now willing to do ours. It is time for America to lead because this moment of peril must be turned into one of progress. . . We will not be put off from action because action is hard. Now is the time to make the tough choices. Now is the time to meet the challenge at this crossroad of history by choosing a future that is safer for our country, prosperous for our planet, and sustainable. . ."

Lisa Jackson, the new EPA Administrator also signaled possible actions related to the California waiver in her memo to EPA staff on Friday (January 23) [See WIMS 1/23/09] when she said, "EPA must follow the rule of law. The President recognizes that respect for Congressional mandates and judicial decisions is the hallmark of a principled regulatory agency. Under our environmental laws, EPA has room to exercise discretion, and Congress has often looked to EPA to fill in the details of general policies. However, EPA needs to exercise policy discretion in good faith and in keeping with the directives of Congress and the courts. When Congress has been explicit, EPA cannot misinterpret or ignore the language Congress has used. When a court has determined EPA’s responsibilities under our governing statutes, EPA cannot turn a blind eye to the court’s decision or procrastinate in complying."

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Environment and Public Works Committee immediately announced that she would hold a press conference at approximately 6 PM today (January 26) to discuss President Obama's announcement asking EPA to review the Bush Administration's denial of California's request for a Clean Air Act waiver to address global warming emissions from motor vehicles. She said, "When it is granted, the waiver will allow California and 18 other states - representing more than half the U.S. population - to regulate tailpipe emissions of global warming pollution from motor vehicles."

Access a White House posting on the President's announcement (click here). Access the complete transcript of the opening address (click here). Access links to a video of the speech (click here). Access links to the Presidential Memos which should be posted soon (click here). Access a statement from Senator Boxer (click here). Access various WIMS-eNewsUSA blog posts on the California waiver issue (click here). [*Energy, *Climate]

Senate Confirms Lisa Jackson As EPA Administrator

Jan 22: Lisa P. Jackson has been confirmed as the next administrator of the U.S. EPA. Jackson, the former Commissioner of the New Jersey Department of Environmental Protection, was in line to be New Jersey Governor Jon Corzine's next chief of staff starting December 1, 2008, just prior to her nomination by President Obama on December 11, 2008 [See WIMS 12/3/08]. Prior to going to New Jersey, Jackson worked for 16 years with U.S. EPA initially at the headquarters in Washington and more recently at its regional office in New York City.

The Senate also confirmed Nancy Sutley as Chairman of the Council on Environmental Quality [See WIMS 12/11/08]. Sutley, was the Deputy Mayor for Energy and Environment for the City of Los Angeles, and the Mayor's representative to the Board of Directors for the Metropolitan Water District of Southern California.

Governor Corzine issued a statement on the confirmation saying, "The American people have gained a tireless public servant and a tenacious guardian of the environment with the confirmation of Lisa Jackson as our nation's EPA administrator. During her tenure as commissioner of New Jersey's Department of Environmental Protection, Lisa set the highest professional standards in tackling issues both local and global in scope. Her record of implementing strong floodplain and land-use rules; sewer infrastructure reform and planning; as well as swift response when contaminated sites were discovered will have a positive impact on the quality of life of New Jerseyans for generations. Her work on the reduction of greenhouse gasses and combating global warming will serve as a national model. Lisa's counsel and expertise will be missed in New Jersey, but we are proud to share with the nation her vision for a cleaner, sustainable environment."

Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, issued a statement saying, "I am really pleased that the Senate has taken the first steps toward restoring the EPA and CEQ to their proper role as organizations that fight to protect the health of our families and the safety of our air, our water and our planet. Lisa Jackson and Nancy Sutley are well qualified to lead the Environmental Protection Agency and the Council on Environmental Quality, and they respect and understand that their organizations' mission is to protect public health and the environment."

In her first statement posted on the U.S. EPA website, Jackson said, “I am honored by the confidence and faith President Obama and the Senate have reposed in me to lead the EPA in confronting the environmental challenges currently before us. As Administrator, I will ensure EPA’s efforts to address the environmental crises of today are rooted in three fundamental values: science-based policies and programs, adherence to the rule of law, and overwhelming transparency. By keeping faith with these values and unleashing innovative, forward-thinking approaches -- we can further protect neighborhoods and communities throughout the country.”

In a lengthy memo to EPA staff, Jackson said, "EPA can meet the nation’s environmental challenges only if our employees are fully engaged partners in our shared mission. That’s why I will make respect for the EPA workforce a bedrock principle of my tenure. I will look to you every day for ideas, advice and expertise. EPA should once again be the workplace of choice for veteran public servants and also talented young people beginning careers in environmental protection -- just as it was for me when I first joined EPA shortly after graduate school."

Signaling possible actions related to the California waiver and other controversial issues which she has inherited, Jackson said, "EPA must follow the rule of law. The President recognizes that respect for Congressional mandates and judicial decisions is the hallmark of a principled regulatory agency. Under our environmental laws, EPA has room to exercise discretion, and Congress has often looked to EPA to fill in the details of general policies. However, EPA needs to exercise policy discretion in good faith and in keeping with the directives of Congress and the courts. When Congress has been explicit, EPA cannot misinterpret or ignore the language Congress has used. When a court has determined EPA’s responsibilities under our governing statutes, EPA cannot turn a blind eye to the court’s decision or procrastinate in complying."

Access a statement from Governor Corzine (click here). Access the statement from Senator Boxer (click here). Access the statement from Jackson and link to the Memo to EPA Employees (click here). [*All]

President Claims Executive Privilege Over CAA Documents

Jun 20: President Bush has asserted executive privilege over thousands of pages of documents that would show whether the President and his staff complied with the Clean Air Act (CAA) in overruling EPA Administrator Stephen Johnson on important environmental decisions. The latest White House response comes as a result of Representative Henry Waxman (D-CA), Chairman of the House Committee on Oversight and Government Reform announcement on June 13 that the Committee would meet on June 20 to consider a resolution citing EPA Administrator Stephen Johnson and Susan Dudley, Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget for contempt of Congress. Waxman claimed that thousands of pages of documents have not been submitted to the Committee as requested relating to EPA's denial of California's petition to regulate greenhouse gas emissions from motor vehicles and EPA's revision of the national ambient air quality standards for ozone.

On May 20, Waxman indicated that the Committee's investigation had uncovered details of White House involvement in EPA’s regulation of ozone on the eve of a court imposed deadline, forcing EPA staff to scrap a standard supported by its independent panel and to perform “emergency rewrites” to the regulation [See WIMS 5/21/08]. Waxman also released extensive documentation on the Committee's investigation of the California waiver request decision.

According to a June 20, letter from EPA, "I am writing to inform you of the President's decision to assert executive privilege over some of these documents, with the exception of the documents or portions of documents that are being provided to you today. Although EPA will not be providing all of the documents sought by the subpoenas, we are providing the vast majority. . . As set forth more fully in the attached letter from Attorney General Michael Mukasey to the President, the Committee's subpoenas infringe upon the Executive Branch's strong interest in protecting the confidentiality of communications with and/or information received or solicited by the President and his senior advisors. We very much regret that we have arrived at this point and have gone to great lengths in an attempt to find a solution that accommodates both of our interests. Our letter of June 18 sets forth in detail the extensive accommodations EPA has made with respect to the Committee's demand for information about these matters. The Committee has received over 10,000 of the Agency's documents concerning these both of these matters. . ."

A similar letter from OMB to Chairman Waxman indicates, "Without providing any legitimate justification or demonstration of need, you demand 1,735 pages of internal deliberative documents from the President's EOP [Executive Office of the President] staff at OIRA, and 221 pages of communications between the President's staff at OMB and other EOP offices. In order to preserve the confidentiality that is essential to the ability of current and future Presidents to receive candid analyses, advice and recommendations from EOP staff, and for the reasons set forth in the attached letter from the Attorney General, I have been authorized to report to the Committee the President's decision to assert Executive Privilege with regard to the documents that have been withheld by OIRA. Accordingly, we will not be providing them. . ."

In a statement at the Committee's meeting, Chairman Waxman said, "For months, the Committee has been investigating EPA's decision to prevent California and other states from reducing greenhouse gas emissions from motor vehicles and its decision to adopt new ozone air quality standards weaker than those recommended by the agency's scientific experts. These investigations have shown that the decisions in these important environmental matters were made not at EPA, but in the White House. In both cases, the scientists, the agency career staff, and EPA Administrator Johnson wanted to take stronger action to protect the environment. And in both cases, the White House rejected the agency's position.

"Today the President has asserted executive privilege to prevent the Committee from learning why he and his staff overruled EPA. There are thousands of internal White House documents that would show whether the President and his staff acted lawfully. But the President has said they must be kept from Congress and the public. . .

"The Clean Air Act is clear about what can be considered and what cannot be considered when EPA makes decisions under its authority. In both cases, the EPA's methodical and scientific process pointed to specific outcomes. In both cases, the outcome dramatically changed when the White House became involved. . .

"Today's assertion of executive privilege raises serious questions about Administrator Johnson's credibility and the involvement of the President. Without the remaining documents, it will be nearly impossible to fully understand the President's role in overruling the unanimous recommendations of EPA's own experts. We had scheduled a vote on a contempt resolution for this morning for Mr. Johnson and Ms. Dudley. We will not have that vote in light of the executive privilege claim. I want to talk with my colleagues on both sides about this new development and consider all our options before deciding how we should proceed."

Access the Committee's website for links to all documents (click here). [*Air, *Climate]

Waxman Exposes Presidential Interference In EPA Rulemaking

May 20: Representative Henry Waxman (D-CA), Chairman of the House Committee on Oversight and Government Reform indicates that the Committee's investigation has uncovered details of White House involvement in EPA’s regulation of ozone on the eve of a court imposed deadline, forcing EPA staff to scrap a standard supported by its independent panel and to perform “emergency rewrites” to the regulation. Waxman said, "Documents obtained by the Committee show that EPA staff raised serious concerns about the merits and legality of the decision." Waxman also released extensive documentation on the Committee's investigation of the California waiver request decision (See more below).

On March 12, 2008, at approximately 6 PM, on the court-ordered deadline date, U.S. EPA met its requirements under the Clean Air Act and a court-ordered deadline by signing the new primary 8-hour ozone the final National Ambient Air Quality Standard (NAAQS) of 0.075 parts per million (ppm) and the new secondary standard at a form and level identical to the primary standard. The previous primary and secondary standards were identical 8-hour standards, set at 0.08 ppm; however, EPA's Clean Air Scientific Advisory Committee (CASAC) Ozone Panel had unanimously recommended a substantially stronger standard in the range of 0.060 to 0.070 ppm.

Waxman released a 12-page memorandum providing additional information about EPA's revision of the national ambient air quality standards for ozone and said the findings were based on a review of approximately 30,000 pages of previously undisclosed documents received from EPA and the White House Office of Management and Budget, as well as publicly available documents. Many of the documents are posted on the Committee's website. The memo indicates that, "The Committee's investigation shows that the process that led to the new standards was highly unusual, particularly the process of setting the secondary standard. . ."

The memo continues, "Late on March 11, the evening before the court-ordered deadline, EPA was informed that the President had rejected the position of the EPA Administrator and the Clean Air Scientific Advisory Committee. This decision set off what one official described as an 'emergency rewrite' to justify setting the secondary standard at the same level as the primary standard, as the White House directed. The final rule dropped the language in the draft that concluded a cumulative, seasonal standard was 'necessary ... to ensure the requisite degree of protection.' In its place, the final rule stated: 'The Administrator ... does not believe that an alternative cumulative, seasonal standard is needed.' The documents show that the EPA staff questioned both the legality and motivation for the last-minute change in the secondary standard . . ."

"The Committee sought to learn the basis for the President's decision to reject the recommendations of the EPA Administrator and the Clean Air Scientific Advisory Committee. The White House, however, is withholding hundreds of pages of documents that would explain what happened inside the White House. . . "

On May 20, the Committee held a hearing on, “EPA’s New Ozone Standards.”Witnesses included: Stephen Johnson, EPA Administrator; Susan Dudley, Administrator of OMB’s Office of Information and Regulatory Affairs; Dr. Rogene Henderson, Chair, Clean Air Scientific Advisory Committee; and representatives of the Union Of Concerned Scientists; Natural Resources Defense Council; an Advisor on Toxicology and Human Heath Risk Analysis; and a Partner with the law firm of Sidley Austin, LLP.

In an opening statement, Representative Waxman said, "For months this Committee has been investigating recent Environmental Protection Agency (EPA) decisions relating to both global warming and new air quality standards. And after reviewing nearly 60 thousand pages of internal documents and interviewing officials involved in the rulemakings, we have found evidence that the White House again ignored the facts and the law."

Waxman cites recent instances where the White House intervened in the California waiver petition to regulate greenhouse gas emissions from cars and light-duty trucks and then in the NAAQS ozone rulemaking. He said the Committee's investigation revealed that "EPA officials were astounded by the President's decision and said it wasn't supported by either the science or the law." One official wrote: "I have been working on National Ambient Air Quality Standards for over 30 years and have yet to see anything like this."

Waxman said, "The same thing happened in a third critical rulemaking. Last April, the Supreme Court directed EPA to determine whether CO2 emissions endanger health and the environment and must be regulated under the Clean Air Act. . . In each of these rulemakings, the pattern is the same: the President apparently insisted on his judgment and overrode the unanimous recommendations of EPA's scientific and legal experts. Our investigation has not been able to find any evidence that the President based his decisions on the science, the record, or the law. Indeed, there's virtually no credible record of any kind in support of the decisions.

"I recognize and support the broad powers our Constitution vests with the President of the United States. But the President does not have absolute power and he is not above the law. The President may have a personal opinion about the new ozone standards, California's motor vehicle standards, and regulating CO2, but he is not allowed to elevate his view above the requirements of the law."

In a separate release of investigative documents, on May 19, Chairman Waxman posted extensive information on the Committee's investigation of California's request for a waiver to enforce its greenhouse gas emissions standards for cars and trucks. Waxman said the new documents and testimony obtained by the Committee show that EPA career staff unanimously supported granting California’s request. EPA Administrator Stephen Johnson also supported granting the petition, at least in part, until he communicated with the White House.

According to a 20-page Committee memo on the California waiver decision, "During the course of the investigation, the Committee obtained over 27,000 pages of documents from the Environmental Protection Agency (EPA) and deposed or interviewed eight key officials. This memorandum summarizes some of the significant evidence the Committee has received. The record before the Committee shows: (l) the career staff at EPA unanimously supported granting California's petition; (2) Stephen Johnson, the Administrator of EPA, also supported granting California's petition at least in part; and (3) Administrator Johnson reversed his position after communications with officials in the White House."

Access the May 20 hearing website with links to all testimony and related information (click here). Access links to the May 20 Ozone memo and extensive related documents (click here). Access links to the May 19 CA waiver memo and extensive related documents (click here). Access various eNewsUSA Blog posts on the Ozone NAAQS issue (click here); and the CA waiver issue (click here). [*Air, *Climate, *Energy]

EPA Signs FR Notice & Releases Documents On CA Waiver Denial

Feb 29: U.S. EPA has posted documents on its website explaining its rationale for the Agency's decision to deny California's waiver request for its greenhouse gas (GHG) standards for motor vehicles [See WIMS 1/2/08]. The documents will soon be published in the Federal Register (FR). On January 24, 2008, U.S. EPA Administrator Stephen Johnson testified before the Senate Committee on Environment and Public Works, Chaired by Senator Barbara Boxer (D-CA), on his decision to deny the California waiver request [See WIMS 1/23/08]. The waiver would have allowed California and 16 other states to adopt the California-equivalent rules to curb GHG emission from vehicles.

At that time Johnson said he made the decision fully by himself after receiving input from staff, the public and others and reviewing available information. He said he was comfortable with his decision and repeatedly said it was the "right" decision. He said that EPA would complete submitting information to Congress by February 15, 2008, and indicated that he anticipated a full California denial document, explaining the decision, would be published in the Federal Register by the end of February. Until now the only official denial has been a letter to California dated December 19, 2007, setting forth EPA's intent to deny the waiver in favor of a national solution for vehicle greenhouse-gas emissions. The documents posted by EPA include an officially signed, 47-page Federal Register Notice Denying a Waiver of Clean Air Act Preemption for California's 2009 and Subsequent Model Year Greenhouse Gas Emission Standards for New Motor Vehicles.

On January 2, 2008, California Attorney General Edmund Brown Jr., on behalf of the State of California, filed its lawsuit against U.S. EPA for “wrongfully and illegally” blocking the State's landmark tailpipe greenhouse gas emissions (GHG) standards. Brown filed the lawsuit in the U.S. Court of Appeals for the 9th Circuit to challenge the EPA’s denial of California's request to implement its emissions law -- which requires a 30 percent reduction in motor vehicle GHG emissions by 2016. Simultaneously, five nonprofit groups -- the Conservation Law Foundation, Environmental Defense, International Center for Technology Assessment, Natural Resources Defense Counsel (NRDC) and the Sierra Club -- also filed a lawsuit challenging the EPA decision. 15 states have also filed a motion to intervene in support of California [See WIMS 1/3/08].

According to the prepublication copy of the signed Federal Register announcement, "Under section 209(b) of the Clean Air Act, as amended, 42 U.S.C. ' 7543(b), the Environmental Protection Agency denies the California Air Resources Board’s request for a waiver of the Clean Air Act’s prohibition on adopting and enforcing its greenhouse gas emission standards as they affect 2009 and later model year new motor vehicles. This decision is based on the Administrator’s finding that California does not need its greenhouse gas standards for new motor vehicles to meet compelling and extraordinary conditions."

The notice explains further, "While I [Administrator Stephen Johnson] recognize that global climate change is a serious challenge, I have concluded that section 209(b) was intended to allow California to promulgate state standards applicable to emissions from new motor vehicles to address pollution problems that are local or regional. I do not believe section 209(b)(1)(B) was intended to allow California to promulgate state standards for emissions from new motor vehicles designed to address global climate change problems; nor, in the alternative, do I believe that the effects of climate change in California are compelling and extraordinary compared to the effects in the rest of the country. Based on this finding, pursuant to section 209(b)(1) of the Clean Air Act (Act), CARB’s [California Air Resources Board’s] waiver request for its GHG standards for new motor vehicles must be denied. Because my finding regarding section 209(b)(1)(B) must, and is sufficient to, result in a denial of California’s waiver request, it is unnecessary for me to determine whether the criteria for denial of a waiver under sections 209(b)(1)(A) and (C) have been met. I therefore will not address these criteria in this decision."

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, issued a statement on EPA's "decision document" released saying, "It is shocking that even though the whole world now knows that the professional staff at EPA strongly urged Mr. Johnson to grant California's waiver, he completely walked away from his advisors, the science, and precedent, and did the bidding of the special interests instead. This decision is especially disappointing and incomprehensible because the Administrator's position will not stand up in court, and the Presidential candidates have all said they will sign the waiver. It will only result in more delay in cleaning up our air and tackling the challenge of global warming." Boxer has been relentless in her pursuit of documents describing how Johnson made his decision. On January 26, she release a number of summary documents obtained and has instructed Johnson to provide all remaining records no later than March 5, 2008 [See WIMS 2/27/08].

Access EPA's website for the posted documents related to the California GHG Waiver (click here). Access the statement from Senator Boxer (click here). Access various WIMS eNewsUSA Blog posts on the waiver denial (click here). [*Climate,*Energy,*Air]