Waxman, Markey Go After EPA's Supreme Court Avoidance
Tomorrow morning, the House Select Committee on Global Warming and Energy Independence will be holding a hearing on the implications of Massachusetts v. EPA nearly one year later. Chairman Edward Markey (D-MA) plans to question EPA Administrator Stephen Johnson on why he’s delayedaction on the EPA’s remand (which might result in another lawsuit). Committee members will also hear from a panel that includes Kansas Secretary of Health and the Environment Roderick Bremby, who made national headlines this fall by utilizing his legal authority under state law to deny permits for two new coal-fired power plants—citing the growing scientific consensus surrounding warming-related impacts and the Court’s ruling in Mass v. EPA to justify his landmark decision.
The hearing WILL NOT be broadcast online (though it is being videotaped), but Warming Law will be in attendance and might be able to liveblog the proceedings, and will report back later regardless. We’ll be particularly noting whether any members decide to take up the "common sense questions" proposed today as talking points by the Heritage Foundation, which hyperbolically warns that an endangerment finding for CO2 would require the EPA [to] completely de-industrialize the United States." Heritage and the Competitive Enterprise Institute—which has similarly argued that an EPA global warming program would amount to "policy terrorism"—have actively taken credit for Johnson’s recent decision to suddenly halt work on an endangerment finding.
Amidst such boasts of outside influence on EPA, Markey’s counterpart on the House Oversight and Government Reform Committee, the indomitable Rep. Henry Waxman (D-CA), has started investigating the White House’s apparent interference in short-circuiting an endangerment finding. In a letter sent to Johnson today, Waxman notes on-the-record conversations with senior EPA officials that—combined with Johnson’s public statements up through the last couple of weeks—depict a process that was suddenly halted as it neared completion:
Multiple senior EPA officials [cited directly in this letter] have told the Committee on the record that after the Supreme Court’s landmark decision in Massachusetts v. EPA, you assembled a team of 60 to 70 EPA officials to determine whether carbon diioxide emissions endanger healt hand welfare and, if so, to develop regulations reducing CO2 emissions from motor vehicles. According to these officials, you agreed with your staff’s proposal that CO2 emissions from motor vehicles should be reduced and in Decemer forwarded an endangerment finding to the White House and a proposed motor vehicle regulation to the Department of Transportation…
The senior EPA officials who spoke with the Committee did not know what transpired inside the White House of the Department of Transportation or what directions the White House may have given to you. They do know, however, that since you sent the endangerment finding to the White House, "the work on vehicle efforts has stopped." They reported to the committee that the career officials assigned ot the issue have ceased their efforts and have been "awaiting direction" since December.
As per OMB Watch, the letter also pre-emptively rebuts the suggestion that the fuel economy standards passed by Congress in December have any legal impact on EPA’s legal obligations in wake of Mass. v. EPA. Waxman is demanding that EPA provide "copies of the documents relating to the endangerment finding and GHG vehicle rule, including copies of any communications with the White house and other federal agencies about these proposals." Copies of an EPA techinical support document, the proposed endangerment finding, and the proposed vehicle GHG rule are due by this Friday, March 14; all other documents are to be provided by March 28.
It should also be noted that Waxman previously uncovered an improper lobbying effort by the same parties in question here, DOT and the White House, against California’s since-denied application for a waiver to enact its own vehicle GHG standards. Waxman’s oversight into White House influence on that decision also continues, with a letter sent to Johnson on Monday threatening to subpoena missing documents unless they were provided by close-of-business today.
New Study Highlighting the National and 50-State Economic Impacts of the Lieberman-Warner Climate Change Bill
A media conference call to discuss the findings of a study jointly commissioned by the National Association of Manufacturers (NAM) and the American Council for Capital Formation (ACCF) that quantifies the potential national and state economic impacts of the Lieberman-Warner climate change bill, S. 2191, the America’s Climate Security Act of 2007.
Conducted by Science Applications International Corporation (SAIC), the independent study examines the implications of the legislation with respect to future energy costs, economic growth, employment, production, household income and the impact on low income earners. The study includes a comprehensive national economic assessment, as well as separate and specific overviews of the impact the legislation would have on all 50 U.S. states.
The results of the study will be outlined during a brief presentation which will be followed by a question and answer session. The full SAIC national and 50 state-specific studies will be posted online at 9:30 am ET, Thursday, March 13, in advance and can be found at either www.accf.org or www.nam.org/climatechangereport.
The call is for credentialed media only.
- The Honorable John Engler, President, National Association of Manufacturers
- Dr. Margo Thorning, Senior Vice President and Chief Economist, American Council for Capital Formation
Dial-In Number: 1-800-857-9772
Passcode: 4174983
Contact: For additional information or to request an interview, please contact Erica Fitzsimmons
202-347-7445 – [email protected]
About NAM
The National Association of Manufacturers is the nation’s largest industrial trade association, representing small and large manufacturers in every industrial sector and in all 50 states. Headquartered in Washington, D.C., the NAM has 11 additional offices across the country.
About ACCF
The American Council for Capital Formation (www.accf.org) is a nonprofit, nonpartisan organization dedicated to the advocacy of tax and environmental policies that encourage saving and investment. The ACCF was founded in 1973 and is supported by the voluntary contributions of corporations, associations, foundations, and individuals.
Boxer and Environmental Leaders United on Urgent Need to Address Global Warming
U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Environment and Public Works Committee, will be joined by the heads of America’s leading environmental organizations to discuss the need for action to address the challenge of global warming.
Participants- Sen. Barbara Boxer (D-CA), Chairman, Environment and Public Works Committee
- Frances Beinecke, President, Natural Resources Defense Council
- Carl Pope, Executive Director, Sierra Club
- Gene Karpinski, President, League of Conservation Voters
- Kevin Knobloch, President, Union of Concerned Scientists
Also participating will be representatives of Environment America, Environmental Defense, Center for International Law, Clean Water Action, National Wildlife Federation, Ocean Conservancy, Pew Environment Group, Physicians for Social Responsibility, and The Wilderness Society.
Waxman-Markey Bill to Halt Coal Plant Construction 3
Rep. Henry Waxman (D-Calif.), chair of the Oversight Committee, and Rep. Ed Markey (D-Mass.), chair of the global warming committee, today jointly introduced the Moratorium on Uncontrolled Power Plants Act of 2008 (H.R. 5575).
The bill, if enacted, would require any new coal plant constructed before the U.S. implemented a strong greenhouse gas emissions reduction program to have state-of-the-art carbon-capture-and-sequestration (CCS) technology.
From the bill text, the CCS technology would have to capture “not less than 85 percent of the total carbon dioxide produced by the unit on an annual average basis and permanently sequesters that carbon dioxide” and the emissions reduction program would have to require requires “immediate and significant reductions in greenhouse gas emissions across the economy and increases the reductions over time to reduce greenhouse gas emissions to 80 percent below 1990 levels by 2050.”
This target is considerably more stringent than that of Lieberman-Warner (S. 2191), which calls for an approximately 60% reduction below 1990 levels by 2050, though at the minimum of the IPCC-recommended 80-95% reduction (Box 13.7 in the Fourth Assessment Report, p. 776).
Update: This bill would implement one of Al Gore’s legislative recommendations.
Enviros, Democrats Respond to Polar Bear Delay
Sixty days have now passed since January 8, 2008, when the U.S. Department of the Interior failed to meet its legal deadline to determine whether the polar bear is endangered by global warming, triggering a joint lawsuit over this latest delay from the Center for Biological Diversity, NRDC, and Greenpeace, pursuant to the notice of intent filed in January.
In the intervening months, U.S. Fish and Wildlife director Dale Hall took responsibility for the delay, but two weeks ago he told House appropriators that the decision had been given to Dirk Kempthorne, Secretary of the Interior, for final review.
In addition, Rep. Ed Markey (D-Mass.), chair of the House global warming committee, today introduced legislation to block further activity in the lease sale area. This legislation, which does not yet have a bill number, is a revision of his proposed legislation from January, before the lease sale took place. The amended legislation would now prevent the Secretary of the Interior from authorizing any “related activity (including approving any seismic activity, offering any new lease, or approving any exploration or development plan)” until an ESA determination and critical habitat designation is made.
House Leadership Prepares Cap-and-Trade Legislation for April
E&E News’s Darren Samuelson reports in a pair of stories that the House of Representatives is moving forward to introduce companion legislation to the Lieberman-Warner Climate Security Act (S. 2191), the cap-and-trade legislation wending its way through the Senate. Rep. John Dingell (D-Mich.), whose Energy and Commerce Committee has jurisdiction, told steel industry officials last week that he plans “to release one or more draft global warming bills for comment by mid-April.”
Samuelson also reported that Rep. Markey, chair of the Select Committee on Energy Independence and Global Warming and a strong ally of Speaker Pelosi, has been meeting with “alternative energy producers, labor groups, financial market officials and industry representatives” to craft legislation.Rep. Markey is preparing to send a report directly to Pelosi with proposals to address climate change or offer amendments when the House Energy and Commerce Committee holds a markup on a major piece of climate legislation, sources on and off Capitol Hill said today.
Markey said: “I think you should do the best you can each year. I do. And we have a real chance this year. If there’s an epiphany that occurred at the White House, then there we are with a chance to make history.”
FWS Chief Admits Administration Budget Cuts Indefensible
Ben Chandler (D-Ky.) I know that you all have talked some about the alarming loss of common birds in our country. Alarming it is. I almost can’t believe it. The numbers that I’ve seen are absolutely atrocious. And one thing that I’d like to explore with you real quick, the Audubon Society has stated that the cause of the dramatic decline of birds is the outright loss of habitat due to poor land use, the clear-cutting of forests, the draining of wetlands and sprawl. Now, in light of such a stinging indictment as that, how does the administration justify a 70 percent cut in land acquisition?Hall I don’t know.
The Audubon Society analysis found that many common U.S. birds species have collapsed in recent years, some by at least 80 percent. In addition, the Society has identified 218 U.S. bird species at risk “amid a convergence of environmental challenges, including habitat loss, invasive species and global warming”.
Former Deputy Interior Secretary Julie MacDonald interfered with the Endangered Species Act listings of several of those at-risk: the Greater Sage Grouse, Gunnison Sage Grouse, Southwestern bald eagle, Southwestern willow flycatcher, Sacramento splittail and the recovery plan of the Northern spotted owl
Senate Not Open to Oil-For-Renewable Package Reconciliation
Despite earlier reports that the Senate was considering inclusion of the oil-for-renewable package (H.R. 5351) in its budget reconciliation, as the budget markup begins today, the filibuster-proof strategy has been taken off the table.
The National Journal reports:While a Senate budget resolution is going to set aside $13.4 billion over five years for these renewable and efficiency credits – some of which expire this year – it merely signals that the issue is one of the priorities for Senate Democrats and does not forward debate over how to pay for those credits. . . a spokesman for Reid said he will not resurrect an energy tax debate until after lawmakers come back from the upcoming two-week Easter recess.
The Journal also reports that Sen. Maria Cantwell (D-Wash.) has been tasked by Majority Leader Reid to attempt to find further Republican votes to establish a veto-proof majority for the package.
CQ Politics points to Sen. Landrieu as objecting to using reconciliation:Sen. Mary L. Landrieu , D-La., for example, is against using the process to pass renewable-energy tax breaks if they lead to tax hikes on oil and gas companies.
Sen. Landrieu cast a deciding vote against the oil-for-renewable tax package during the 2007 energy bill debate.
The decision by Senate leaders not to pursue a filibuster-proof budget reconciliation plan removes one option for moving billions of dollars of renewable energy and efficiency tax breaks funded by repealing incentives for oil and gas companies.While a Senate budget resolution is going to set aside $13.4 billion over five years for these renewable and efficiency credits – some of which expire this year – it merely signals that the issue is one of the priorities for Senate Democrats and does not forward debate over how to pay for those credits.
A reconciliation bill would have sent detailed instructions to committees on how to pay for that spending and would have been immune to a filibuster.
The budget resolution also includes $3.5 billion in discretionary funding for energy above President Bush’s FY09 request, which Senate Budget Chairman Conrad touted as “a very big increase; I think the biggest increase in more than 30 years.”
Senate Democrats are trying to overcome Republican opposition to scaling back billions in incentives for oil and gas companies to pay for the popular renewable and efficiency credits. Democrats in December fell one vote short of the 60 needed to overcome a filibuster of a $21.8 billion proposal that reduced oil and gas incentives by about $13 billion.
A politically problematic $18 billion House-passed renewable energy tax proposal is pending, but few are optimistic that it could become law given a White House veto threat. This is leading to some brainstorming on other means of getting these credits extended quickly.
Majority Leader Reid has tasked Sen. Maria Cantwell, D-Wash., with helping find another Republican vote or two. Cantwell, who pushed for a one-year $5.5 billion renewable and efficiency tax package as part of a failed Finance Committee economic stimulus plan, said a similar smaller package should be considered. “There’s nothing preventing us from looking at the bigger package – see what the president does – but still work toward a smaller package too,” she said.
Cantwell said “the challenge is to still try to save investment in ‘08,” and extend the tax incentives within the next month or so.
This is the basic message of a broad coalition of businesses, renewable energy groups, environmentalists, labor unions and others who are taking advantage of an international renewable energy conference in Washington this week to do some cohesive lobbying to extend these credits by the end of the month.
But a spokesman for Reid said he will not resurrect an energy tax debate until after lawmakers come back from the upcoming two-week Easter recess.
Several industry officials say they are not requesting that Congress follow a particular strategy for quickly extending the renewable and efficiency incentives.
“We basically said Congress should figure this out,” said Dan Reicher, former assistant Energy secretary for energy efficiency and renewable energy under President Clinton and now director of climate change and energy initiatives at Google.org.
“We have tried to stick to a pretty simple approach – extend the credits quickly and extend them for a long period of time.”
But the political problems associated with repealing the billions in oil and gas incentives means the solution to getting an extension through fast is potentially undefined.
“The answer is, you need some new and original thinking here,” said Marchant Wentworth, legislative representative for the Clean Energy Program at the Union of Concerned Scientists.
While Cantwell has talked about doing a smaller package to gain support and possibly avoid a veto threat, Wentworth cautioned that there does not appear to be a magic number to achieve that.
“The question we all face is, are there new votes that you would get? These are leadership-driven; it’s unclear to me that lowering the incentives gets you anything,” he said.
In the meantime, a wide variety of groups and companies – including retail giant Wal-Mart, the Real Estate Roundtable, Dow Chemical and DuPont – are targeting congressional leaders and several Senate Republicans to vote for extending the credits regardless of whether it affects oil and gas company incentives.
Among Republicans being targeted are Sens. John Ensign of Nevada, John Sununu of New Hampshire, Ted Stevens and Lisa Murkowski of Alaska, Arlen Specter of Pennsylvania and Richard Lugar of Indiana.
Lugar and Murkowski voted against the filibuster in December. Renewable energy groups might also get a rare chance to lobby Bush personally when he speaks today at the 2008 Washington International Renewable Energy Conference.
EPA Puts Off "Hard Decision" On CO2 Endangerment Finding, May Face New Lawsuit
EPA Administrator Stephen Johnson seems unable to step foot on Capitol Hill to talk about his 2008 budget without getting a ton of questions about California’s waiver denial and EPA’s much-delayed response to Massachusetts v. EPA. Today’s NY Times carries an editorial explaining how the two are linked, citing and drawing out Georgetown Professor Lisa Heinzerling’s observation that EPA’s waiver denial may have inadvertently committed it to an endangerment finding)
The barrage of questions continued yesterday, courtesy of Senator Dianne Feinstein (D-CA) and her Appropriations subcommittee. Hill Heat live-blogged the hearing and revealed that Johnson isn’t just personally overwhelmed by all the legal pressure and questioning—he’s explicitly citing it to justify his delayed reaction to the Supreme Court’s remand. To wit, Johnson repeated the claim—previously made when he announced to a House subcommittee that he’d be "taking a step back" from the enandgerment finding to weigh industry’s “concerns”—that his delay is partly justified by a series of petitions and appeals that California and environmental groups have filed in the last several months, seeking the regulation of CO2 emissions from ships, aircraft, off-road vehicles, and new coal-burning power plants under federal jurisdiction.
Each of these actions was largely motivated by EPA’s delay in making an endangerment ruling, and each covers areas that would be affected by such a determination. In other words, Johnson is claiming that in order to respond to legal maneuvers motivated by his hesitancy to act…he must delay action even longer. While this deflection doesn’t carry any legal consequences, another part of Johnson’s insistence that this decision requires an expansive amount of time—perhaps until the end of the Bush administration, as advised by the Heritage Foundation, which also takes credit for inspiring Johnson’s rationale—actually highlights the imminent possibility of yet another lawsuit against EPA.
At issue: Johnson flat-out refused to set a target date yesterday for completing the decision-making process, and would not answer whether any of his staff was even working on the enandgerment evaluation (as opposed to a "myriad of issues" that they are tackling). The latter answer led Senator Feinstein to argue, based on what she’d evidently been hearing from other sources, that no one other than Johnson himself is weighing the issue.
The legal coalition responsible for initiating Mass. v. EPA will likely beg to differ with this exhaustive process, having notified the Administrator last month that it was prepared to sue over unreasonable delay if Johnson didn’t provide a firm target date by February 27—last Wednesday. Stay tuned…
Next Steps on Oil-for-Renewable Package
Senate Democrats are eyeing a filibuster-proof budget bill as a vehicle for energy tax provisions that have narrowly failed to win the 60 votes needed to cut off debate, several lawmakers said yesterday.Energy taxes are a “candidate to be considered in [budget] reconciliation,” Budget Chairman Kent Conrad (D-N.D.) told reporters. “I think we have to look at things that reduce our dependence on energy.”
The oil-for-renewables package, which faces the threat of a Bush veto, received resounding support from a broad coalition of industry, investors, and environmental organizations in a press conference today on the first day of the Washington International Renewable Energy Conference. President Bush is scheduled to offer the keynote address to the convention tomorrow.