Wednesday, February 11, 2009

DOI Secretary Salazar Details Strategy For Offshore OCS Energy

Feb 10: Saying he needed to restore order to a broken process, Department of Interior (DOI) Secretary Ken Salazar announced his strategy for developing an offshore energy plan that includes both conventional and renewable resources. His strategy calls for extending the public comment period on a proposed 5-year plan for oil and gas development on the U.S. Outer Continental Shelf (OCS) by 180 days; assembling a detailed report from Interior agencies on conventional and renewable offshore energy resources; holding four regional conferences to review the findings; and expediting renewable energy rulemaking for the Outer Continental Shelf. Salazar said, “To establish an orderly process that allows us to make wise decisions based on sound information, we need to set aside the Bush Administration’s midnight timetable for its OCS drilling plan and create our own timeline."

In a news release, DOI indicated that on Friday, January 16, its last business day in office, the Bush Administration proposed a new five year plan for offshore oil and gas leasing. The proposal was actually published in the Federal Register on January 21, the day after the new Administration took office. The deadline for public comment that the Bush Administration established does not provide enough time for public review or for wise decisions on behalf of taxpayers. At the time of the Bush Administration proposal, the U.S. Chamber of Commerce applauded the Minerals Management Service (MMS) proposal to lease newly-available areas in the Outer Continental Shelf (OCS) for oil and gas exploration and development from 2010 to 2015 [See WIMS 1/21/09]. The MMS, under the Department of Interior published its notice on January 21, 2009 in the Federal Register [74 FR 3631-3635]. The Draft Proposed 5-year OCS Oil and Gas Leasing Program for 2010-2015 (DPP) was originally proposed for comments extending through March 23, 2009. DOI indicated that by adding the 180 day extension to the original 60-day period, interested parties will have had a total of 240 days (8 months) to comment on the proposed plan.


Salazar said, “The additional time we are providing will give states, stakeholders, and affected communities the opportunity to provide input on the future of our offshore areas. The additional time will allow us to restore an orderly process to our offshore energy planning.” He said the evaluation of the proposed plan also needed better information about what resources may be available in the offshore areas. He indicated, “In the biggest area that the Bush Administration’s draft OCS plan proposes for oil and gas drilling -- the Atlantic seaboard, from Maine to Florida -- our data on available resources is very thin, and what little we have is twenty to thirty years old. We shouldn’t make decisions to sell off taxpayer resources based on old information.”

Salazar directed the United States Geological Survey (USGS), the MMS, and other departmental scientists to assemble all the information available about the offshore resources -- conventional and renewable -- along with information about potential impacts. The report is due in 45 days. Based on that report, the Department will then determine what areas need more information and create a plan for gathering that information. The Department of the Interior oversees more than 1.7 billion acres on the Outer Continental Shelf -- an area roughly three fourths of the size of the entire United States.

The strategy will also build a framework for offshore renewable energy development, so that the Department can incorporate the significant potential for wind, wave, and ocean current. He said, “The Bush Administration was so intent on opening new areas for oil and gas offshore that it torpedoed offshore renewable energy efforts. I intend to issue a final rulemaking for offshore renewables in the coming months, so that potential developers know the rules of the road. This rulemaking will allow us to move from the ‘oil and gas only’ approach of the previous Administration to the comprehensive energy plan that we need.”

Last September, Congress passed a Continuing Resolution that did not include language extending the Outer Continental Shelf (OCS) Offshore Drilling Ban [See WIMS 9/24/08 & 9/29/08]. The previous ban expired on September 30, 2008. At the time Democrats indicated that the actions did not necessarily reflect a major shift in the Democratic position on offshore drilling, but they said it was a short-term concession to President Bush to keep the government running until a new President and Congress began work this year.

Senate Energy & Natural Resources Committee Chairman Jeff Bingaman (D-NM) said, “Secretary Salazar’s strategy for developing offshore energy is both thoughtful and balanced. Public opinion on offshore development varies from region to region, so his plan to hold regional conferences makes a good deal of sense. I appreciate the Secretary’s initiative in taking on this issue and look forward to working with him on it.”


American Petroleum Institute (API) President Jack Gerard commented on Salazar's plan and said, "Congress made the American people wait nearly 30 years to address our immediate energy challenges. Secretary Salazar today told the American people they must continue to wait -- even though more than two-thirds of them want to tap our vast domestic resources for the benefit of all Americans. . . The draft plan already received a record 120,000 comments from states, environmental groups, industry, labor groups and members of the public – with 87,000 of those comments supporting expanded and expeditious development. Secretary Salazar’s announcement means that development of our offshore resources could be stalled indefinitely. That would delay Americans’ access to nearly 160,000 new, well-paying jobs, $1.7 trillion in revenues to federal, state and local governments and greater energy security."

The U.S. Chamber of Commerce commented saying, "With America's continued reliance on imported oil, we urge the Obama Administration to not let bureaucratic processes slow down the path to energy security. Expanding domestic production will reduce America's dependence on imported oil and significantly reduce the billions of dollars we send abroad each year for energy. Producing American energy on and off our shores has the potential to be an engine of economic growth creating hundreds of thousands of jobs and generating more than $1 trillion in royalty revenue to the government."


The American Chemistry Council (ACC) President & CEO Cal Dooley commented saying, "ACC applauds Secretary Salazar for making the development of a comprehensive energy policy a top priority. . . “We are encouraged by the bipartisan support in Congress last year for lifting the moratoria on offshore domestic energy development. Clearly, consensus has developed around the need for OCS energy to be part of America’s energy equation. We cannot begin soon enough to reshape U.S. energy policy in a way that drives demand for American goods and services, including chemistry; maintains and expands America’s job base; adds leasing revenues to the Treasury; helps reduce greenhouse gas emissions; and advances our security."

Sierra Club issued a statement saying, "Energy independence and jobs will be won by investing in clean energy, not by handing over our coasts to the oil industry. The Obama administration clearly understands that. President Bush's last-minute offshore drilling plan could have been written by oil industry executives. It was not based on science, was not subject to public review, did not consider the best interest of coastal communities, and ignored clean energy options. Revising this drilling plan is an important first step in getting our new energy economy on track."

Natural Resources Defense Council (NRDC) issued a statement saying, "There’s a new way of doing business at the Department of Interior under Secretary Salazar. By committing to a thorough review, Salazar is demonstrating bold leadership that will offer America a new energy future that provides clean domestic energy and cuts our dependence on foreign oil. . . New offshore drilling would risk oil spills from Florida to Maine, and all along the Pacific Coast. This would not only cause tremendous economic damage to fishing and tourism communities, but it would destroy habitat for wildlife, and hurt all of us who live, work and vacation in these places."

Access a release from DOI (
click here). Access the statement from Senator Bingaman (click here). Access a release from API and link to a fact sheet (click here). Access a release from the U.S. Chamber (click here). Access the ACC statement (click here). Access a statement from Sierra Club (click here). Access a statement from NRDC (click here). [*Energy/OCS, *Water]

Tuesday, February 10, 2009

37 Senate Republicans Stand Strong Against Stimulus

Feb 10: Despite the fact that the President, Senate Democrats, business groups, environmental groups and government groups strongly support the stimulus package that passed the Senate today [See WIMS 2/9/09], 37 Republican Senators continue their strong opposition. In his first, prime time press conference, President Obama announced his support for the stimulus package that now must be finalized in a House-Senate Conference Committee.

In his press conference, President Obama said, "It is absolutely true that we cannot depend on government alone to create jobs or economic growth. That is and must be the role of the private sector. But at this particular moment, with the private sector so weakened by this recession, the federal government is the only entity left with the resources to jolt our economy back to life. It is only government that can break the vicious cycle where lost jobs lead to people spending less money which leads to even more layoffs. And breaking that cycle is exactly what the plan that’s moving through Congress is designed to do. . .


"But as we learned very clearly and conclusively over the last eight years, tax cuts alone cannot solve all our economic problems – especially tax cuts that are targeted to the wealthiest few Americans. We have tried that strategy time and time again, and it has only helped lead us to the crisis we face right now. That is why we have come together around a plan that combines hundreds of billions in tax cuts for the middle-class with direct investments in areas like health care, energy, education, and infrastructure – investments that will save jobs, create new jobs and new businesses, and help our economy grow again – now and in the future."

Announcing its support, the U.S. Chamber of Commerce said, "With the U.S. economy continuing to deteriorate, the U.S. Chamber of Commerce calls on the Senate to approve without delay H.R. 1, the American Recovery and Reinvestment Act of 2009. The legislation is not perfect -- parts of the bill should be modified or eliminated. However, the Chamber urges the Senate to approve H.R. 1, and encourages Congress and the Administration to work on a conference report that provides timely, targeted, and temporary economic stimulus. The Chamber supports pro-growth tax initiatives in the bill. In particular, the Chamber strongly supports provisions that would: extend the net operating loss (NOL) carryback period; provide for bonus depreciation and allow a refundable alternative minimum tax (AMT) credit in lieu of bonus depreciation; extend small business expensing; extend AMT relief; and provide a housing credit. The Chamber also supports provisions to extend the Trade Adjustment Assistance program.

"In addition, the Chamber strongly supports the Reid-Conrad-Ensign proposal on cancellation of indebtedness (COI). The Chamber applauds the inclusion of tax relief for companies that purchase their own or related party debt at a discount by providing relief from the current COI rules. This important provision applies to all restructurings, including debt-for debt, equity-for-debt, cash-for- debt, and similar exchanges. This provision helps preserve jobs, facilitates the deleveraging of the U.S. economy, and strengthens financial institutions’ balance sheets. Moreover, many of the spending-side provisions of the legislation will also provide stimulus and get Americans back to work. Of note, the Chamber strongly supports provisions to increase infrastructure spending. . ."

According to a CNN U.S. National Poll on February 7-8, the President's job approval comes in at 76% Approve, 23% Disapprove; Congressional Job Approval results in 29% Approve, 71% Disapprove. On the specific stimulus question, i.e. "do you favor or oppose the bill that the Senate is expected to vote on?"; the results indicate: 54% Favor and 45% Oppose.

Despite the widespread support for the stimulus, most Republican's in the House and Senate remain opposed. On the Passage of the Bill (H.R. 1 as Amended by the Collins-Nelson (NE) Amendment conducted today, February 10, 37 Republicans voted against the measure, and Senator Gregg (R-NH) who was recently appointed by President Obama to head the Department of Commerce removed himself from the vote. 56 Democrats, 2 Independents and 3 Republicans (Collins, ME; Snowe, ME, and Specter, PA) voted for the measure to obtain 61 votes necessary for passage.

Today, February 10, in opening remarks Senate Republican leader Mitch McConnell (R-KY) said, "The American people were ready to support an economic plan that would work and that wouldn't spend money we don't have on things we don't need. So were Republicans in Congress. What many of us did not expect, however, was that President Obama wouldn't be the author of that plan. In an odd turn of events, the bold economic plan that President Obama called for, ended up being written by some of the longest-serving Democrats in the House of Representatives, and it showed. Yesterday, the Democratic majority in the House postponed a leftover appropriations bill from last year that would bring 2009 spending to more than $1 trillion for the first time in the history of our country. It may seem overwhelming to do all of this at the same time, but in my view, we need to lay all of this spending on the table at once rather than trickle it out in an effort to hide the true cost. We need to be straight with the American people."

Senator Dick Lugar (R-IN) said, "The stimulus bill considered by the Senate is a sprawling affair, with massive spending for a wide variety of projects, some of which are completely unrelated to the immediate economic challenges before us. Further, the bill contains provisions that threaten to undermine the very economic growth it purports to stimulate, placing American businesses and their workers in danger of trade-based retaliations and escalating financial protectionism. . ."

Senator James Inhofe (R-OK) said, ". . .we will be voting on a $1.2 trillion mistake. The American people are tired of these expensive mistakes, but this would not be the first one. Now at the end of the Senate’s consideration of HR 1, we are voting tonight to end debate on what is being called a compromise proposal. It is being called a bipartisan proposal. Let me tell the American people that a vote tonight on a proposal supported by all the Democrats and 3 Republicans is not a bipartisan proposal nor is it any kind of compromise. . ."

House Speaker Nancy Pelosi (D-CA) issued a brief statement saying, "There is no time to delay. The American people need action on the economy now. Despite the worsening economic crisis, Republican leaders in Congress keep saying ‘No’ to legislation designed to help speed relief to America’s families, workers and small businesses." Pelosi included a listing of the House Republican leadership and their recent votes on major legislative proposals.

Access the President's press conference statement and link to the video of the press conference (
click here). Access the complete statement from the U.S Chamber (click here). Access the complete statement in opposition from Senator McConnell (click here). Access links to the Senate Republican statements and additional Republican view points (click here). Access a release from Speaker Pelosi (click here). Access a statement from the National Association of Manufacturers (click here). Access a statement from the National Governor's Association (click here). Access a support letter from the U.S. Conference of Mayors (click here). Access a release and letter from the National League of Cities (click here). Access the CNN poll results (click here). Access the roll call vote for the February 10, final passage (click here). [Note: Yesterday's report, linked above, included links to the full text and summaries of the Senate substitute bill]. Access the Read The Stimulus blog for additional information (click here). Access the Stimulus Watch blog for additional information (click here). [*All]

Monday, February 09, 2009

Senate Stimulus Bill Slated For Narrow Passage

Feb 9: Partisan politics and the same old Congressional gridlock were never so obvious over the weekend Friday night and Saturday during the Senate debate on the Senate substitute for the House-passed American Recovery and Reinvestment Act (H.R. 1). After an extensive behind the scenes negotiations led by Senators Susan Collins (R-ME) and Senator Ben Nelson (D-NE) and including several other Democrats and Republicans, a paired down version of the Senate bill emerged that apparently will be supported by Senate Democrats and three Senate Republicans -- Senator Collins; Senator Olympia Snowe (R-ME) and Senator Arlen Specter (R-PA). The so-called Collins-Nelson amendment, plus various floor amendments previously approved now constitute the current Senate version of the bill which totals some $827 billion. The House-passed its $819 billion version on January 28, 2009 [See WIMS 1/29/09] with no Republican support.

A test procedure vote is expected on the Floor of the Senate this evening and a final vote on passage is scheduled for Tuesday. The House and Senate differences must then be resolved by a Conference Committee and then the resulting bill will need to be approved by both the House and Senate again before going to the President for his signature. The process is supposed to be complete on or before President's Day on February 16.

While the President and Democrats apparently will gain a narrow passage of the stimulus bill, all House Republicans and more than 35 Senate Republicans appear united in their opposition to the current stimulus bill. On Friday, February 6, U.S. Senate Republican Leader Mitch McConnell (R-KY) issued a statement saying, “From the very first moment of this debate, there’s been strong bipartisan agreement on one thing: the original version of this bill was too big, too unfocused to work. The President, Senate Democrats, and just about every Senate Republican agreed this bill needed a massive overhaul. . . Virtually everyone agreed this bill lacked focus, didn’t create enough jobs, had too much permanent government expansion, and was just way too expensive with the national debt already reaching frightening new dimensions. . . The more the American people learn about this bill, the less they like it. Americans realize that a bill which was meant to be timely, targeted, and temporary has instead become a Trojan horse for pet projects and expanded government. . . Republicans are ready to support a stimulus bill. But we will not support an aimless spending spree that masquerades as a stimulus. . . But putting another $1 trillion on the nation’s credit card isn’t something we should do lightly."

Access the complete 778-page Collins-Nelson amendment for the American Recovery and Reinvestment Act (
click here). Access a 14-page summary of the Appropriations provisions of the bill (including Nelson-Collins amendment and other floor amendments as of February 6) (click here). Access an 11-page summary of Finance provisions as Amended on the Floor through 2/7, Plus Expected Elements of the Collins-Nelson Amendment (click here). Access a release from Senator Collins (click here). Access a statement from Senator Snowe (click here). Access comments from Senator Specter (click here). Access a statement from Senator McConnell (click here). [*All]

Friday, February 06, 2009

Dreams Of Bipartisan Stimulus Fading Fast

Feb 6: While few people actually know what is in the American Recovery and Reinvestment Act, the political tensions and rhetoric are building on both sides of the aisle. Whatever is inside the current version of the massive bill with amendments -- the Democrats are for it; and the Republicans are against it. The House-passed bill [See WIMS 1/29/09] is being reworked in the Senate and it appears that there will be a vote on passage later today (February 6), or over the weekend. Senate Majority Leader Harry Reid (D-NV) said he thinks he has the necessary 60 votes for passage; however, it will likely be a very close vote. Then a Conference Committee will attempt to resolve differences and send the bill to the President for his signature. Likely, results are an $800+ billion stimulus -- approximately $300 billion in tax cuts and $500 billion in spending; with maybe $100 billion on infrastructure including roads, bridges, mass transit, flood control, clean water projects, and other projects.

Even the President appears to have lost his patience, saying on February 4, "It is not merely a prescription for short-term spending – it’s a strategy for long-term economic growth in areas like renewable energy, health care, and education. Now, in the past few days I’ve heard criticisms of this plan that echo the very same failed theories that helped lead us into this crisis -- the notion that tax cuts alone will solve all our problems; that we can ignore fundamental challenges like energy independence and the high cost of health care and still expect our economy and our country to thrive. I reject that theory, and so did the American people when they went to the polls in November and voted resoundingly for change.”

Vice President Joe Biden issued a statement saying that echoed the President’s message of urgency saying, "Quite simply, we cannot wait. We cannot wait another two weeks, three weeks, four weeks. We cannot wait. Our economic recovery package is now before the Senate. It will put us back on track to create and save 3 to 4 million jobs."

House Speaker Nancy Pelosi (D-CA) issued a release on February 5, saying the economic Recovery Plan, "must not be weakened with failed Bush-era theories." She said, "As we work toward bipartisan consensus, the President has made clear that any modification that changes the focus from creating jobs and transforming our economy from top to bottom or that weakens the economic impact of this package is unacceptable."

Republican Senators say the bill needs a "massive overhaul." Senate Minority Leader Mitch McConnell (R-KY) said "Now is the time to act -- but it’s not the time to act foolishly. . . “action for the sake of action is almost always unwise. What’s needed is the right action. And the stimulus plan that Democrats in the House and Senate have proposed is not the right action. . . Including interest, the proposal before us comes to a staggering $1.3 trillion -- a figure that makes most peoples’ head spin. It includes billions in wasteful spending. And it increases permanent federal spending by nearly $300 billion -- locking in bigger and bigger deficits every year. Apparently, the authors of this bill just couldn’t resist inserting scores of long-cherished pet projects. That’s how you end up with $70 million for climate research, tens of millions to spruce up government office buildings here in Washington, and $20 million for the removal of fish passage barriers in a stimulus package that was supposed to be timely, targeted, and temporary. . ."

The independent Congressional Budget Office (CBO) has released recent reports on the House passed H.R. 1 and the Senate Substitute bill for H.R. 1. The reports include: (1) H.R. 1, American Recovery and Reinvestment Act of 2009 (January 30, 2009 ); (2) H.R. 1, American Recovery and Reinvestment Act of 2009 (February 2, 2009 ); and (3) Estimated Macroeconomic Effects of the Inouye-Baucus Amendment in the Nature of a Substitute to H.R. 1 (February 4, 2009 ) [See links below].

Access a release from the House Speaker including the President's statement (
click here). Access the VP's statement (click here). Access a release from the Senate Minority Leader (click here). Access the CBO reports: #1 (click here); #2 (click here); and #3 (click here). Access the debate on the bill on cable TV (C-SPAN2). Access voting action roll call votes on the various amendments and links to details (click here). Access legislative details for H.R. 1 (click here). [*All]

Thursday, February 05, 2009

Markey-Platts Introduce Renewable & Efficiency Standards Bills

Feb 4: In a bi-partisan effort to create jobs and re-power the American energy sector, Representatives Edward Markey (D-MA) and Todd Platts (R-PA) introduced a renewable electricity standard [RES or RPS (Renewable Portfolio Standard)] that would ensure that America is generating a quarter of its electricity from clean energy sources by 2025 (H.R. 890, American Renewable Energy Act). To compliment this expansion of clean energy with effective energy efficiency measures, Representative Markey also introduced an energy efficiency standard [EES] that will cost-effectively cut electricity demand (H.R. 889, Save American Energy Act). The two measures will create more than a half million jobs and will save consumers more than $180 billion. Markey is the Chair of the House Select Committee on Energy Independence & Global Warming and the Chair of the House Environment and Energy Subcommittee of the House Energy & Commerce Committee.

Representative Markey said, “With our economy in crisis, renewable energy can create hundreds of thousands of new green jobs, revitalize declining manufacturing sectors, and decrease global warming pollution. If we follow an ambitious clean energy path, American families will save money, construction and manufacturing workers will be back on the job, and our environment will be safer for generations to come. Massachusetts and more than half of the country already have renewable energy standards, and so should our entire nation.” Representative Platts said, “This legislation takes a significant step -- similar to what is already taking place in many states, including my home state of Pennsylvania -- to help ensure America reduces its dependency on foreign oil and creates a more stable energy supply for our nation. Establishing a federal Renewable Electricity Standard will help to protect our environment as well as promote economic development and energy security.”

According to a release from Markey, twenty-seven states and the District of Columbia have passed renewable electricity requirements, and "a national standard will further unleash technology innovation and put Americans back to work, creating more than 350,000 green jobs over the next decade." The Save American Energy Act would institute an energy efficiency resource standard that reduces electricity demand by fifteen percent by 2020.

Markey's release indicates that efficiency measures are "not only the fastest, cheapest and cleanest source of energy, they will also lead to $130 billion in consumer savings over the next 20 years. Efficiency measures in the Save American Energy Act will lead to the creation of 260,000 new jobs, putting people to work in retrofitting buildings and weatherizing homes. As efficiency measures decrease energy consumption, The Save American Energy Act will reduce peak electricity demand by 90,000 megawatts by 2020, eliminating the need to build 300 medium-size power plants."


The Union of Concerned Scientists' (UCS) preliminary analysis of the legislation indicates that the Markey-Platts bill would boost renewable energy generation by 135 percent above and beyond current policies between now and 2025. Alan Nogee, UCS Clean Energy Program director said, "This electrifying standard would provide a smart, proven, cost-effective strategy to ramp up our clean energy use, create tens of thousands of jobs, and lower consumer utility bills. The clean energy tax incentives that Congress is finalizing will get us moving in the right direction in the near term, and the renewable energy standard makes sure we stay on that path for the foreseeable future."

UCS said in the coming weeks it will release a more comprehensive analysis of a 25-by-2025 proposal. UCS also maintains the RES Toolkit that provides comprehensive information on each existing state renewable electricity standard for experts and concerned citizens (See link below).

Access a release from Representative Markey (click here). Access legislative details for H.R. 889 (click here). Access legislative details for H.R. 890 (click here). Access a release from UCS (click here). Access the UCS RES Toolkit (click here). [*Energy]

Wednesday, February 04, 2009

Obama Calls For New Executive Order On Federal "Regulatory Review"

Jan 30: President Obama has signed and issued a Presidential Memorandum on "Regulatory Review," not to be confused with a memorandum by the same title issued by Rahm Emanuel, Assistant to the President and Chief of Staff on January 20 which dealt with procedures for proposed or final regulations issued by the Bush administration [See WIMS 1/21/09]. The new Presidential Memo deals with the regulatory review process and relationship of OMB's Office of Information and Regulatory Affairs and the various regulatory agencies. This relationship and process was often highly controversial during the Bush administration. The new Presidential Memo was not available on the White House website, and was not discussed in recent press briefings, but was published in the Federal Register on February 3, 2009.

The new, Presidential Memo, dated January 30, indicates, "For well over two decades, the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) has reviewed Federal regulations. The purposes of such review have been to ensure consistency with Presidential priorities, to coordinate regulatory policy, and to offer a dispassionate and analytical 'second opinion' on agency actions. I strongly believe that regulations are critical to protecting public health, safety, our shared resources, and our economic opportunities and security. While recognizing the expertise and authority of executive branch departments and agencies, I also believe that, if properly conducted, centralized review is both legitimate and appropriate as a means of promoting regulatory goals.


"The fundamental principles and structures governing contemporary regulatory review were set out in Executive Order 12866 of September 30, 1993. A great deal has been learned since that time. Far more is now known about regulation -- not only about when it is justified, but also about what works and what does not. Far more is also known about the uses of a variety of regulatory tools such as warnings, disclosure requirements, public education, and economic incentives. Years of experience have also provided lessons about how to improve the process of regulatory review. In this time of fundamental transformation, that process--and the principles governing regulation in general -- should be revisited.

I therefore direct the Director of OMB, in consultation with representatives of regulatory agencies, as appropriate, to produce within 100 days a set of recommendations for a new Executive Order on Federal regulatory review. Among other things, the recommendations should offer suggestions for the relationship between OIRA and the agencies; provide guidance on disclosure and transparency; encourage public participation in agency regulatory processes; offer suggestions on the role of cost-benefit analysis; address the role of distributional considerations, fairness, and concern for the interests of future generations; identify methods of ensuring that regulatory review does not produce undue delay; clarify the role of the behavioral sciences in formulating regulatory policy; and identify the best tools for achieving public goals through the regulatory process. . ."

Access the Federal Register publication of the complete memo (
click here). Access the Access the 2-page Regulatory Review Memo from Rahm Emanuel (click here). [*All]

Tuesday, February 03, 2009

Readers & Subscribers Note

We apologize for the lack of daily postings Friday, Monday and today. We have been without Internet services (email and web) since Friday, January 30, 2009, at approximately 9 AM, due to a significant outage problem with our Internet Service provider. A very frustrating experience!

We are back online now and will resume postings starting tomorrow.

Thank you for your patience.

Thursday, January 29, 2009

House Democrats Pass Economic Stimulus Bill

Jan 28: House Democrats passed their version of an $819 billion American Recovery and Reinvestment Act (H.R. 1) by a vote of 244 to 188 (all Republicans & 11 Democrats voted against the bill) [See WIMS 1/15/09]. The debate over the bill between Democrats and Republicans repeated the intense partisan differences common in the 110th Congress. The House version is definitely a Democratic bill and a substitute amendment by Republicans was rejected. Observers are predicting more compromise between Democrats and Republicans in the Senate; however, there are still substantial differences in philosophical approaches to the stimulus. Many are saying the bill is short on infrastructure funding, particularly in light of the ASCE report calling for $2.2 trillion in needed investment over a five year period [See WIMS 1/28/09].

House Speaker Nancy Pelosi issued a statement following the House vote saying, “Today’s vote is a victory for the American people. As the President urged us to do in his Inaugural Address just eight days ago, the House is taking action, ‘bold and swift,’ by passing a bill to create and save 3 to 4 million jobs. This is a bill about the future and about how we create jobs for today’s workers and for the next generation. It provides tax cuts for 95 percent of Americans, invests in science and innovation, in energy, in health care, in education -- all with strict accountability and fiscal responsibility. I look forward to swift Senate passage and for President Obama to sign the American Recovery and Reinvestment Act into law before the Presidents’ Day recess."

House Republican Leader John Boehner (R-OH) issued a statement on the House floor opposing what he called, "Democrats’ $1 trillion 'stimulus' package" and supporting the Republican proposal crafted by House Ways & Means Committee ranking member Dave Camp (R-MI) and Republican Whip Eric Cantor (R-VA). Republicans said their bill would provide "fast-acting tax relief that will create jobs in America -- a plan that would create 6.2 million new jobs by the end of 2010." Boehner said, “The bill that we have on the floor, the underlying bill, has as an example 32 new, brand new, government programs that spend $136 billion. Now, we all know how long it takes to get a new program up, the bureaucracy that has to be hired before we can ever get that money out into the economy."


The Natural Resources Defense Council (NRDC), issued a statement saying, “The economic recovery package funds vital programs to improve the efficiency of our homes, buildings and federal offices. It also includes urgently needed grants for companies to invest in renewable energy technologies. The funding to repair our nation’s crumbling water and transportation systems will immediately create jobs and strengthen our nation’s roads, bridges, and pipes."

NRDC indicated in a brief summary that the House bill would provide: 3.4 billion for states for clean energy projects; A grants program for renewable energy technologies covered by the renewable energy tax incentives; $6.2 billion for weatherization of low income homes; $3.5 billion for the Energy Efficiency and Conservation Block Grant Program (supports clean energy projects primarily at the city and county levels); $2 billion for clean energy research & development; $6 billion for increasing energy efficiency in federal buildings; $12 billion for transit (an amendment by Rep. Nadler (D-NY) increased transit funding from $9 to $12 billion); $2 billion for ready-to-go drinking water infrastructure projects; $6 billion for ready-to-go sanitation infrastructure projects.

Access the breakdown of the roll call vote (
click here). Access a statement from the Speaker (click here). Access a release from Representative Boehner (click here); and his Floor statement (click here). Access extensive coverage, links and video summaries of the debate posted on the Speakers blog site (click here); and including the Republican substitute here (click here). Access legislative details for H.R. 1 (click here). Access a release from NRDC (click here). [*All]

Wednesday, January 28, 2009

ASCE Releases Timely Infrastructure Report Card; $2.2 Trillion Needed

Jan 28: With President Obama and Congress considering a massive economic stimulus in the range of $800 billion to over a trillion dollars [See WIMS 1/15/09], the American Society of Civil Engineers (ASCE) released its sobering 2009 Report Card for America’s Infrastructure. The timely assessment assigns a cumulative grade of D to the nation’s infrastructure and notes that a five-year investment need of $2.2 trillion from all levels of government and the private sector. According to an announcement, decades of underfunding and inattention have jeopardized the ability of our nation’s infrastructure to support our economy and facilitate our way of life. Since ASCE’s last assessment in 2005 there has been little change in the condition of the nation’s roads, bridges, drinking water systems and other public works, and the cost of improvement has increased by more than half a trillion dollars.

ASCE President D. Wayne Klotz, P.E., F.ASCE said, “Crumbling infrastructure has a direct impact on our personal and economic health, and the nation’s infrastructure crisis is endangering our future prosperity. Our leaders are looking for solutions to the nation’s current economic crisis. Not only could investment in these critical foundations have a positive impact, but if done responsibly, it would also provide tangible benefits to the American people, such as reduced traffic congestion, improved air quality, clean and abundant water supplies and protection against natural hazards.”

As the nation’s infrastructure receives focused attention from the White House, Congress and the public, ASCE’s 2009 Report Card for America’s Infrastructure provides an assessment of the condition and need for investment of 15 infrastructure categories, including, for the first time, levees. While there has been some improvement in energy since 2005, overall conditions have remained the same for bridges, dams, drinking water, hazardous waste, inland waterways, public parks and recreation, rail, schools, solid waste and wastewater, and have worsened in aviation, roads and transit. Security, a category that was added to the Report Card in 2005, and which received an incomplete grade, has been removed from the list of assessed categories and added into the methodology used to assess each individual category. Grades ranged from a high of C+ for solid waste to a low of D- for drinking water, inland waterways, levees, roads and wastewater.

The Report Card also presents five key solutions for raising the nation’s infrastructure GPA. These include: Increasing federal leadership in infrastructure; Promoting sustainability and resilience; Developing federal, state and regional infrastructure plans; Addressing life-cycle costs and ongoing maintenance; and, Increasing and improving infrastructure investment from all stakeholders.

The report indicates that redevelopment of brownfields sites over the past five years generated an estimated 191,338 new jobs and $408 million annually in extra revenues for localities, but federal funding for “Superfund” cleanup of the nation's worst toxic waste sites continues to decline steadily. Scoring a grade of D-, the nation’s drinking water and wastewater systems and inland waterways face difficult problems. Leaking pipes lose an estimated seven billion gallons of clean drinking water a day, and there is an annual shortfall of at least $11 billion to replace aging facilities that are near the end of their useful life and to comply with existing and future federal water regulations.
Aging systems discharge billions of gallons of untreated wastewater into U.S. surface waters each year, and an estimated $390 billion must be invested over the next 20 years to update or replace existing systems and build new ones to meet increasing demand. Finally, while the average tow barge can carry the equivalent of 870 tractor trailer loads, 30 of the 257 locks still in use on the nation’s inland waterways were built in the 1800s and another 92 are more than 60 years old. The cost to replace the present system of locks is estimated at more than $125 billion.

The 2009 Report Card was developed by an advisory council of 28 civil engineers representing each of the infrastructure categories, as well as a broad spectrum of civil engineering disciplines. Each category was evaluated on the basis of capacity, condition, funding, future need, operation and maintenance, public safety and resilience. A detailed report, which accompanies the grades released, will be released on March 25, 2009.

On January 21, ASCE released their recommended ‘Principles for Infrastructure Stimulus Investment’ designed to help guide lawmakers and the Obama administration when allocating economic stimulus funding for infrastructure projects poised to aid in rebuilding the nation’s economy. ASCE is encouraged by last week’s introduction of the American Recovery and Reinvestment Bill of 2009, which highlights a shared focus on accountability and infrastructure investment. This investment is expected to create and sustain jobs, and begin to address the nation’s crumbling infrastructure if appropriately applied to areas that most require federal support.

Access a release on the Report Card (
click here). Access more information on the Report Card and links to a webcast (click here). Access a release on the Principles for Infrastructure Stimulus (click here). [*All]

Tuesday, January 27, 2009

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]

Monday, January 26, 2009

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]

Friday, January 23, 2009

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]

Thursday, January 22, 2009

Change: Open Government; Transparency; FOIA; Executive Privilege

Jan 21: Acting quickly, to set the tone of the Obama Administration, President Obama issued two Executive Orders and two Presidential Memos that are designed to make the government more open and transparent. Additionally, in a symbolic move, recognizing the severe economic crisis facing the country, the President issued a Memo calling for a freeze in the salaries of senior members of the White House staff. The President said, "Let me say it as simply as I can: Transparency and the rule of law will be the touchstones of this presidency."

The first Executive Order deals with "Presidential Records" and establishes policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978. The Order revokes Executive Order 13233 of November 1, 2001, and establishes new, more open procedures that make it more difficult to withhold information based on a claim of Executive Privilege.

The second Executive Order deals with "Ethics Commitments by Executive Branch Personnel." The order requires every appointee in every executive agency appointed on or after January 20, 2009, to sign, and be contractually committed to an Ethics Pledge. The pledge includes a ban on gifts from registered lobbyists or lobbying organizations; a "Revolving Door Ban" for "appointees," requiring that for a period of 2 years from the date of an appointment an employee will not participate in any particular matter involving specific parties that is directly and substantially related former employment; and, a "Revolving Door Ban" for "Lobbyists Entering Government," prohibiting various actions for a period of 2 years after the date of appointment. The order includes a similar ban on activities for appointees and lobbyists "leaving government."

The 2-page Memo on the Freedom of Information Act indicates, "In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike. The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. . . In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public. . . All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. . . I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. . ."


The 2-page Memo on Transparency and Open Government indicates, "My Administration is committed to creating an unprecedented level of openness in Government. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government." It contains paragraphs on: Government should be transparent; and Government should be participatory; Government should be collaborative. It calls for the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) and the Administrator of General Services, to coordinate the development by appropriate executive departments and agencies, within 120 days.

Access the EO on Presidential Records (
click here). Access the EO on Ethics (click here). Access the Memo on FOIA (click here). Access the Memo on Open Government (click here). Access the Memo on Pay Freeze (click here). [*All]

Wednesday, January 21, 2009

$1-2.5 Trillion/Year To Avoid Climate Tipping Point

Jan 13: The latest State of the World 2009: Into a Warming World, released by the Worldwatch Institute warns that the world will have to reduce emissions more drastically than has been widely predicted, essentially ending the emission of carbon dioxide by 2050 to avoid catastrophic disruption to the world's climate. The book's 47 authors state, however, that "opportunities abound in renewable energy and efficiency improvements, agriculture and forestry, and the resilience of societies for slowing and managing climate change." Worldwatch VP for Programs Robert Engelman, project co-director for State of the World 2009 said,"We're privileged to live at a moment in history when we can still avert a climate catastrophe that would leave the planet hostile to human development and well-being. But there's not much time left. Sealing the deal to save the global climate will require mass public support and worldwide political will to shift to renewable energy, new ways of living, and a human scale that matches the atmosphere's limits."

The report, the 26th edition of the State of the World series, addresses the need to reduce greenhouse gas emissions as well as prepare to adapt to climate change. The Earth's average temperature has already risen by more than 0.8 degrees Celsius (1.4 degrees Fahrenheit) since the beginning of the Industrial Revolution in the mid-18th century, with much of that increase attributed to human activities. Nearly 1 degree Celsius of additional warming may already be in store, based on past emissions of heat-trapping greenhouse gases that have not yet made their influence felt on surface temperatures.


A chapter by climate scientist W. L. Hare concludes that in order to avoid a catastrophic climate tipping point, global greenhouse gas emissions will need to peak before 2020 and drop 85 percent below 1990 levels by 2050, with further reductions beyond that date. Emissions of carbon dioxide would actually need to ‘go negative'-with more being absorbed than emitted-during the second half of this century. Hare's research finds that even a warming of 2 degrees Celsius poses unacceptable risks to key natural and human systems, including significant loss of species, major reductions in food-production capacity in developing countries, severe water stress for hundreds of millions of people, and significant sea-level rise and coastal flooding.

According to a release from Worldwatch, economists have estimated the cost of avoiding dangerous climate change at around $1-2.5 trillion a year for decades to come; yet the costs of not doing so are expected to be far higher. At the center of this framework, the book's opening chapter notes ten key challenges that must be adopted as part of any successful path to mitigation and climate change adaptation and resilience. Worldwatch indicates, "addressing these interlinked and challenging issues could lay the groundwork for a world that will not merely bounce back from both the economic and climate crises, but surge forward. A new U.S. administration and impending climate negotiations in Copenhagen in December 2009 could finally break the gridlock that has long plagued climate policy. Worldwatch President Christopher Flavin said, "We can't afford to let the Copenhagen climate conference fail. The outcome of this meeting will be written in the history books-and in the lasting composition of the world's atmosphere."

On January 16, Worldwatch released an interview with Rajendra Pachauri, chair of the Intergovernmental Panel on Climate Change (IPCC) and co-recipient of the 2007 Nobel Peace Prize, one of the world's most visible, outspoken voices on fighting climate change. Pachauri wrote the foreword to the Worldwatch 2009 report. In response to a question regarding what would you tell President Obama, Pachauri said, "I would tell him he has the unique opportunity of saving a large part of the human species and several others, because unless the U.S. takes the lead, I'm afraid we will not get an adequate global response. In absence of that, there will obviously be climate change that will go unmitigated. And we're pretty close to the stage where impacts start to turn very serious and very negative." Worldwatch reported that Pachauri also said, "President-elect Obama's goal of reducing emissions to 1990 levels by 2020 falls short of the response needed by world leaders to meet the challenge of reducing emissions to levels that will actually spare us the worst effects of climate change."

Access a release from Worldwatch on the State of the World report (
click here). Access the interview with Pachauri (click here). Access more information on the State of the World report and download individual chapters (click here). [*Climate]