Obama Opposes Endangered Species Act Changes; McCain Has No Comment
A Bush administration proposal that would eliminate the input of independent government scientists in some endangered species reviews would be tossed out if Democrat Barack Obama wins the White House, his campaign says.“This 11th-hour ruling from the Bush administration is highly problematic. After over 30 years of successfully protecting our nation’s most endangered wildlife like the bald eagle, we should be looking for ways to improve it, not weaken it,” said Obama campaign spokesman Nick Shapiro. “As president, Senator Obama will fight to maintain the strong protections of the Endangered Species Act and undo this proposal from President Bush.”
A spokesman for Sen. John McCain of Arizona, the Republican presidential nominee, said he had no comment on Bush’s revisions.
The Associated Press reported Monday details of a proposal by the Interior and Commerce departments that would change how the 1973 law is implemented, allowing federal agencies to decide for themselves — without seeking the opinions of government wildlife experts — whether dams, highways and other projects have the potential to harm endangered species and habitats.
Current law requires federal agencies to consult with experts at the Fish and Wildlife Service and National Marine Fisheries Service if a project poses so much as a remote risk to species or habitats.
Interior Secretary Dirk Kempthorne defended the changes in a call with reporters Monday, calling them narrow modifications to make the law more clear and efficient.
In recent years, both federal agencies and developers have complained that the reviews, which can result in changes to projects that better protect species, have delayed work and increased costs.
The proposed regulations, which will be published Thursday in the Federal Register, included one significant change from the earlier draft: The public comment period was cut in half, from 60 to 30 days.
“In this case, it was determined that we need to move forward in a timely fashion,” said Interior Department spokeswoman Tina Kreisher.
If the proposal should become final by November, a new administration could propose another rule, a process that could take months. Congress could also pass legislation, but that could take even longer.
An aide for the Senate Environment and Public Works Committee said that panel would hold a hearing on the rule changes when Congress returns in September.
League of Women Voters Calls for Coal Moratorium
If we wait for federal action from our congressional leaders, it will be too late. We must take immediate and aggressive action to halt climate change. Burning more coal is too big a risk for too many people. Coal is the single largest source of global warming pollution in the U.S., with power plants responsible for 33 percent of CO2 emissions. Because of this pollution, we already face increasingly severe heat waves and droughts, intensifying hurricanes and floods, disappearing glaciers and more wildfires. If left unchecked, the effects will be catastrophic to us and our planet.
EPA Climate Career Staff Call Administrator's Actions 'Unprofessional,' 'Unprecedented,' 'Damaging'
In a letter addressed to EPA Administrator Stephen Johnson, the presidents of four unions representing career EPA scientists write of their collective dismay at Johnson’s handling of the Advance Notice of Proposed Rulemaking on greenhouse gas emissions. Johnson criticized his own agency’s work, calling the Clean Air Act “ill-suited for the task of regulating global greenhouse gases.” In addition, letters of comment criticizing the rulemaking draft were attached from the White House Office of Management and Budget, the White House Council on Environmental Quality, the White House Council of Economic Advisers, the White House Office of Science and Technology Policy, the Department of Transportation, the U.S. Small Business Administration, the Department of Agriculture, the Department of Commerce, and the Department of Energy.
This July 30 letter, published by Publice Employees for Environmental Responsibility, reveals that the EPA staff were not allowed to review these letters of criticism before they were prepended to the ANPR. The union presidents write:“The way in which you subverted the work of EPA staff in your preamble statement on the merits of the supporting rationale for the ANPRM was as unprecedented as it was stunning to your staff and damaging to EPA’s reputation for sound science and policy.”They conclude: “We hope that in your final days in office you will try to rectify some of this damage and remove some of the tarnish from your legacy.”
Full text:
Obama: New Energy for America
Remarks of Senator Barack Obama—as prepared for delivery Lansing, Michigan
We meet at a moment when this country is facing a set of challenges greater than any we’ve seen in generations. Right now, our brave men and women in uniform are fighting two different wars while terrorists plot their next attack. Our changing climate is placing our planet in peril. Our economy is in turmoil and our families are struggling with rising costs and falling incomes; with lost jobs and lost homes and lost faith in the American Dream. And for too long, our leaders in Washington have been unwilling or unable to do anything about it.That is why this election could be the most important of our lifetime. When it comes to our economy, our security, and the very future of our planet, the choices we make in November and over the next few years will shape the next decade, if not the century. And central to all of these major challenges is the question of what we will do about our addiction to foreign oil.
Without a doubt, this addiction is one of the most dangerous and urgent threats this nation has ever faced – from the gas prices that are wiping out your paychecks and straining businesses to the jobs that are disappearing from this state; from the instability and terror bred in the Middle East to the rising oceans and record drought and spreading famine that could engulf our planet.
It’s also a threat that goes to the very heart of who we are as a nation, and who we will be. Will we be the generation that leaves our children a planet in decline, or a world that is clean, and safe, and thriving? Will we allow ourselves to be held hostage to the whims of tyrants and dictators who control the world’s oil wells? Or will we control our own energy and our own destiny? Will America watch as the clean energy jobs and industries of the future flourish in countries like Spain, Japan, or Germany? Or will we create them here, in the greatest country on Earth, with the most talented, productive workers in the world?
As Americans, we know the answers to these questions. We know that we cannot sustain a future powered by a fuel that is rapidly disappearing. Not when we purchase $700 million worth of oil every single day from some the world’s most unstable and hostile nations – Middle Eastern regimes that will control nearly all of the world’s oil by 2030. Not when the rapid growth of countries like China and India mean that we’re consuming more of this dwindling resource faster than we ever imagined. We know that we can’t sustain this kind of future.
But we also know that we’ve been talking about this issue for decades. We’ve heard promises about energy independence from every single President since Richard Nixon. We’ve heard talk about curbing the use of fossil fuels in State of the Union addresses since the oil embargo of 1973.
Back then, we imported about a third of our oil. Now, we import more than half. Back then, global warming was the theory of a few scientists. Now, it is a fact that is melting our glaciers and setting off dangerous weather patterns as we speak. Then, the technology and innovation to create new sources of clean, affordable, renewable energy was a generation away. Today, you can find it in the research labs of this university and in the design centers of this state’s legendary auto industry. It’s in the chemistry labs that are laying the building blocks for cheaper, more efficient solar panels, and it’s in the re-born factories that are churning out more wind turbines every day all across this country.
Despite all this, here we are, in another election, still talking about our oil addiction; still more dependent than ever. Why?
States and Environmental Groups to Sue EPA to Get Emissions Rules
From the Progress Report.
A coalition of states and environmental groups intends to sue the Environmental Protection Agency (EPA) “if it does not act soon to reduce pollution from ships, aircraft and off-road vehicles.” California Attorney General Jerry Brown is set to send a letter to the EPA in which he will “accuse the Bush administration of ignoring their requests to set restrictions” on greenhouse gas emissions. The EPA will have 180 days to respond. Under the Clean Air Act, “a U.S. district court can compel the EPA to take action to protect the public’s welfare if the agency delays doing so for an unreasonably long time.”
“It’s a necessary pressure to get the job done,” Brown said of the lawsuit. “The issue of reducing our energy dependence and greenhouse gas emissions is so challenging and so important that we have to follow this judicial pathway.”
In the last year, states have also sued the EPA for dragging its heels in regulating carbon dioxide and for having lax smog standards.
This week, lawmakers called on EPA Administrator Stephen Johnson to resign because he has become “a secretive and dangerous ally of polluters.”
National Conservation, Environment and Energy Independence Act introduced in US House: oil drilling, coal-to-liquid, Renewable Energy Reserve Fund planned 3
22 members of the US House of Representatives have introduced the National Conservation, Environment and Energy Independence Act that would lift many restrictions on offshore oil drilling, while providing a projected $2.6 trillion in lease and royalty payments that would generate $390 million for a Renewable Energy Reserve Act. The bill introduced by 11 Democrats and 11 Republicans would open up all protected Outer Continental Shelf lands and end the oil shale leasing moratorium. The bill is in sharp contravention of Democratic leadership but in line with Republican demands.
The leaders of the effort were John Peterson, R-Pa.; Neil Abercrombie, D-Hawaii; Thelma Drake, R-Va.; Tim Walz, D-Minn.; Jim Costa, D-Calif.; and Dan Burton, R-Ind.
A group of ten senators is working on a similar plan. “There’s going to be substantially more drilling and substantially more conservation,” Sen. Mary L. Landrieu (D-La.) said of the Senate plan.
The House bill includes:- Ending moratorium on Outer Continental Shelf, Gulf of Mexico, and oil shale lease sales: funds apportioned 30% to general treasury, 30% to states, 8% to conservation, 10% to environmental restoration, 15% to renewable energy, 5% to CCS/nuclear waste, 2% to LIHEAP
- Repealing the Waxman provision (Section 526)
- 6-year extension of renewable energy/energy efficiency tax credits
- Drawdown of light grade petroleum from the Strategic Petroleum Reserve, with $100 million going into LIHEAP, $60 million for university research, $15 million for wind research, $30 million for solar research, $30 million for hydro research, $40 million for automotive research, $110 million for industrial emissions research, $70 million for building efficiency R&D, $30 million for geothermal R&D, $30 million for smart grid R&D, $385 million for CCS R&D, $65 million for natural gas extraction research, $5 million for a hydrogen prize, $100 million for battery research
Sen. Whitehouse: 'I Call On Administrator Johnson To Resign' 1
From the Wonk Room.
Following a press conference with senators Amy Klobuchar (D-Minn.) and Barbara Boxer (D-Calif.), Sen. Sheldon Whitehouse (D-R.I.) formally announced on the Senate floor their request for a Department of Justice investigation into the potential criminal conduct of EPA Administrator Stephen Johnson, whom he called “a man after Spiro Agnew’s own heart.”
Whitehouse listed five charges of “putting the interests of corporate polluters before science and the law” in ozone, lead, soot, tailpipe emissions, and global warming pollution; and four charges of degrading “the procedures and institutional safeguards that sustain the agency;” before discussing his apparent dishonesty in testimony before Congress>
And in what is perhaps the gravest matter of all, I believe the Administrator deliberately and repeatedly lied to Congress, creating a false picture of the process that led to EPA’s denial of the California waiver, in order to obscure the role of the White House in influencing his decision.Today, Senator Boxer and I have sent a letter to Attorney General Mukasey, asking him to investigate whether Administrator Johnson gave false and misleading statements, whether he lied to Congress, whether he committed perjury, and whether he obstructed Congress’s investigation into the process that led to the denial of the California waiver request.
Watch it:
After listing yet more “signs of an agency corrupted in every place the shadowy influence of the Bush White House can reach,” Sen. Whitehouse concluded:
Administrator Johnson suggests a man who has every intention of driving his agency onto the rocks, of undermining and despoiling it, of leaving America’s environment and America’s people without an honest advocate in their federal government.This behavior not only degrades his once-great agency – it drives the dagger of dishonesty deep in the very vitals of American democracy.
The American people cannot accept such a person in a position of such great responsibility. I am sorry it has come to this, but I call on Administrator Johnson to resign his position.
I yield the floor.
Watch it:
Join Sen. Whitehouse in calling for Johnson’s resignation here.
Full text of Sen. Whitehouse’s speech:
Climate Obstructionist Nominated For Federal Judiciary
While Burnett charitably described it as a “robust interagency process” he was taken aback by OMB general counsel Jeff Rosen’s ignorance about global warming-causing carbon dioxide molecules. Rosen requested that EPA only count carbon dioxide molecules in the air that came from automobiles, not ones from power plants. “It was sometimes embarrassing,” Burnett said, “For me to return to EPA and say that I had to explain to OMB that carbon dioxide is a molecule and you can’t differentiate in the air where a molecule came from.”
Burnett’s exasperation with Rosen was, unsurprisingly, not shared at the White House. In fact, the exact opposite seems to be the case. It turns out that about a month ago, President Bush nominated Rosen for a lifetime appointment to the U.S. District Court for the District of Columbia.
Rosen was also recently involved OMB’s efforts to resist a subpoena from the House Oversight and Government Reform Committee, ending with the invocation of executive privilege in order to avoid a contempt of Congress vote for Deputy Administrator Susan Dudley. Prior to joining OMB in June 2006, he served as General Counsel for the Department of Transportation. During that time, DOT promulgated fuel economy standards for light trucks that were later invalidated by the 9th Circuit Court of Appeals, which ruled that their biases toward the auto industry and failure to account for climate-change impacts represented an “arbitrary and capricious” violation of the Energy Policy Conservation Act (EPCA) and National Environmental Policy Act (EPCA).
This nomination is particularly noteworthy given the D.C. District Court’s special powers to hear environmental cases—including some cases brought under the Clean Air Act. But with mere months to go in President Bush’s term and the obvious, serious concerns that Rosen would need to address before meriting confirmation, it’s somehow doubtful that the Senate Judiciary Committee will hasten to act on his nomination.
LiHEAP Funding Increase Filibustered
On Saturday, Senate Republicans successfully filibustered the Warm in Winter and Cool in Summer Act (S. 3186), a bill which would have provided an additional $2.5 billion in funding for the Low-Income Home Energy Assistance Program (LIHEAP), nearly double its current funding.
Sen. Bernie Sanders (I-Vt.), a cosponsor of the bill, issued this statement:“At a time when oil companies are raking in record profits, the stubbornness of those who stood in the way of helping people in desperate need is incomprehensible to me. It is an outrage. The American people do not want to see the most vulnerable among us held hostage by the Senate Republican leaders.”
The National Energy Assistance Directors’ Association has projected that nationwide, the average cost of heating a home this winter will total about $1,114 – 14.6 percent more than last year.
Republican senators Coleman (Minn.), Collins (Maine), Smith (Ore.), and Snowe (Maine) voted with the 45 Democrats and Independents in attendance in favor of the bill. Coleman, Collins, and Smith are up for reelection this year (and are from northern states).
Senators not voting: Allard (R-Col.), Bond (R-Mo.), Bunning (R-Ken.), Burr (R-N.C.), Dole (R-N.C.), Graham (R-S.C.), Harkin (D-Iowa), Inhofe (R-Okla.), Inouye (D-Haw.), Isakson (R-Ga.), Kennedy (D-Mass.), McCain (R-Ariz.), Murray (D-Wash.), Obama (D-Ill.), and Warner (R-Va.).
CA Waiver Lawsuit Transferred to DC Circuit
In a terse, two-page order issued yesterday, the Ninth Circuit Court of Appeals has granted the EPA’s motion to reconsider its earlier denial of a motion to dismiss California’s waiver-denial lawsuit. A three-judge panel agreed that EPA Administrator Stephen Johnson’s December, 19 2007 letter to CA Governor Arnold Schwarzenegger—which was the basis for the January 2008 lawsuit—does not constitute a reviewable “final action” under the Clean Air Act.
The court’s decision means that the case will now move to the DC Circuit Court of Appeals, and will be based on the 47-page denial document that EPA placed in the Federal Register this February (complete with its utterly contradictory logic). Unless the DC Circuit sets an aggressive briefing schedule, the case may end up not being argued by year’s end—in which case, the petition would hopefully become moot as the result of a new President overturning the waiver decision.