Hill Heat

Today, Secretary of State Hillary Clinton announced that Todd Stern will be the special envoy for climate change:

With the appointment today of a special envoy, we are sending an unequivocal message that the United States will be energetic, focused, strategic and serious about addressing global climate change and the corollary issue of clean energy.

Stern was a senior fellow at the Center for American Progress, the liberal think tank run by John Podesta, the chair of the Obama transition. Stern was a partner at Wilmer Cutler Pickering Hale and Dorr, as Vice Chair of the firm’s Public Policy and Strategy practice. Stern wrote on international climate change policy for CAP, promoting the creation of the E-8, a coalition of nations “focused on global ecological and resource problems” – (United States, China, India, Russia, South Africa, Brazil, Japan, and the European Union).

Stern was Assistant to the President and Staff Secretary in the White House from 1993 to 1998. He also coordinated the Administration’s Initiative on Global Climate Change from 1997 to 1999, acting as the senior White House negotiator at the Kyoto and Buenos Aires negotiations.

Carbon Control News reports that Georgetown Law professor Lisa Heinzerling will be joining the Environmental Protection Agency “to advise incoming Administrator Lisa Jackson on how to address climate change.” As Bradford Plumer notes at The New Republic, Heinzerling “was the lead author of the plaintiff’s brief in Massachusetts v. EPA back in 2007, in which the Supreme Court agreed with the plaintiffs that the EPA did, in fact, have the authority to regulate carbon-dioxide.”

Although the administration has not confirmed the appointment, Gristmill’s Kate Sheppard reports that Heinzerling’s voicemail recording at Georgetown says she is on a two-year leave from the school because she has “taken a position in the new administration.”

Hill Heat has learned that NRDC legislative director Karen Wayland will return to Congress as a climate and energy policy adviser for Speaker Nancy Pelosi (D-Calif.). Dr. Wayland holds a dual Ph.D. in geology and resource development from Michigan State University.

From 2001 to 2003, Dr. Wayland served as the American Geophysical Union Congressional Science Fellow for Sen. Harry Reid (D-Nev.), working on nuclear waste, water, energy and Native American issues, immediately upon completion of her doctoral dissertation.

From the Wonk Room.

Today, President Obama took a step to reverse Bush-era intransigence on the fight against global warming, directing “federal regulators on Monday to move swiftly on an application by California and 13 other states to set strict limits on greenhouse gases from cars and trucks.” In 2002, California passed greenhouse gas standards for vehicle emissions, since adopted by 13 other states. However, they have been blocked since then by litigation from the automakers in concert with the Bush administration.

The auto lobby continues to fight this long-needed change. In an interview with National Public Radio, Charles Territo of the Alliance of Automobile Manufacturers claimed the California standard would bring catastrophe:

At this difficult time, what we need is certainty and consistency, not confusion and chaos. And I think we’re all concerned that this would create chaos, not only for consumers, but also for dealers and for manufacturers.

The auto industry has long been able to handle California’s higher emissions standards for other pollutants. Jerry Brown, California’s attorney general, retorted that Detroit’s problems have come in large part because of its failure to innovate:

The irony here is the auto companies want a bailout, in many ways because they weren’t building the kind of cars that were compatible with today’s energy market – and at the same time, they want to keep going with their lawsuits, which have already cost millions and millions of dollars.

These auto industry lawsuits against the adoption of AB 1493 include:

The New York Times (John Broder and Peter Baker) and Washington Post (Juliet Eilperin and Steven Mufson) report that President Obama “plans to instruct key federal agencies to reexamine two policies that could force automakers to produce more fuel-efficient cars that yield fewer greenhouse gas emissions” Monday morning.

Obama’s main directives relate to California’s petition for an Environmental Protection Agency waiver to regulate tailpipe greenhouse gas emissions, as well as the 2007 Energy Policy Act’s raised fuel economy standards. Under Bush, the EPA denied the California waiver and the Department of Transportation failed to issue the standards called for under the energy act.

In addition, the president will direct federal agencies to take steps to increase efficiency and reduce pollution.

From the Times:

Mr. Obama’s presidential memorandum will order the Environmental Protection Agency to reconsider the Bush administration’s past rejection of the California application. While it stops short of flatly ordering the Bush decision reversed, the agency’s regulators are now widely expected to do so after completing a formal review process. . . .

Beyond acting on the California emissions law, officials said, Mr. Obama will direct the Transportation Department to quickly finalize interim nationwide regulations requiring the automobile industry to increase fuel efficiency standards to comply with a 2007 law, rules that the Bush administration decided at the last minute not to issue.

To avoid losing another year, Mr. Obama will order temporary regulations to be completed by March so automakers have enough time to retool for vehicles sold in 2011. Final standards for later years will be determined by a separate process that under Mr. Obama’s order must take into consideration legal, scientific and technological factors.

He will also order federal departments and agencies to find new ways to save energy and be more environmentally friendly. And he will highlight the elements in his $825 billion economic stimulus plan intended to create jobs around renewable energy.

Carl Pope, the 16-year executive director of the Sierra Club, has announced he plans to step down from his position when a new director is found. Pope noted the election of President Obama as “a very exciting time for the Sierra Club and the environmental movement.”

Pope released the following statement:

After 16 years I have decided to step down from my position as Executive Director of the Sierra Club. While I look forward to continuing to serve the Club in a new capacity, I am ready to turn the leadership of the organization over to someone new. Over these years I have made many wonderful friends, and experienced both joyful victories and tragic setbacks in our struggle for a sustainable future. I look forward to many more such victories as I continue this work. My decision comes at a very exciting time for the Sierra Club and the environmental movement. The election of President Barack Obama, and the increase in the number of environmental champions in the Congress, means that after eight years of bitter defense, it is time for America to resume its tradition of environmental leadership.

Wishing to meet with President Obama’s White House energy and environment adviser Carol Browner, Sen. John Barrasso (R-Wyo.) has delayed the nomination of Lisa Jackson to be Obama’s Environmental Protection Agency administrator. He placed an anonymous objection to the unanimous consent resolution to move the nomination without a roll call vote on Tuesday, and raised his concerns with Sen. Barbara Boxer (D-Cal.), chair of the Senate Committee on Environment and Public Works, on Wednesday.

Barrasso spokesman Gregory Keeley tells E&E News:

The bottom line is Senator Barrasso is concerned about this new structure with an appointed energy czar in the White House with no accountability in the White House. Just about how that will operate. He wants to know that. He wants to ensure sufficient transparency and oversight. He wants to be convinced Congress will have the ability to get answers from the appointed czar, Carol Browner. At this stage, he’s not convinced that’s the case.

Yesterday, Browner participated in President Obama’s economic briefing, with National Economic Director Lawrence Summers, Office of Management and Budget Director Peter Orszag and White House Policy Council Director Melody Barnes.

Granta Nakayama, a Bush administration appointee, is the interim EPA administrator. According to E&E News, Nakayama “has been a noncontroversial figure since joining EPA as its top enforcement official in July 2005.”

UPDATE: E&E News reports that Granta Nakayama has resigned, with Mike Shapiro replacing him as interim EPA administrator.

Shapiro, 60, has previously been a senior official in the Office of Water, director of EPA’s Office of Solid Waste, and deputy assistant administrator in EPA’s Office of Air and Radiation, where he helped implement the 1990 Clean Air Act amendments. He also has held positions in EPA’s Office of Prevention, Pesticides and Toxic Substances.

From the Wonk Room.

Today, in the first hearing of the House Energy and Commerce Committee under the leadership of Rep. Henry Waxman (D-CA), a coalition of corporations and environmental organizations renewed their call for an industry-friendly cap and trade system. The U.S. Climate Action Partnership made a tremendous splash two years ago by coming out in favor of a cap-and-trade system to limit greenhouse gases. Though their recommendations overly benefited polluting industries, USCAP’s call for mandatory action changed the political tide in Washington. They deserve credit for moving past conservative rhetoric that denies the need to act, and for stating that “action by the U.S. should not be contingent on simultaneous action by other countries,” a common excuse for delay.

But climate change science and politics have moved on in the past two years, and USCAP has lost its mantle of leadership. Their proposal fails to satisfy the scientific, economic, and societal principles that must underlie any “framework for legislation to address climate change”:

EMISSIONS TARGETS. USCAP’s recommended emissions limits are insufficient to prevent catastrophic climate change. They call for U.S. emissions to be reduced by at most 7 percent below 1990 levels by 2020. However, as Center for American Progress fellow Joseph Romm indicated in a recent report, “A U.S. climate bill should set a target of reducing U.S. greenhouse gas emissions 20 to 30 percent below 1990 levels by 2020.” Furthermore, USCAP calls for “generous limits on the use of offsets” of two to three billion tons of CO2 a year, which means actual emissions wouldn’t have to begin reducing until 2030.

MONEY. USCAP calls for provisions to prevent emissions permits from exceeding a “threshold price” and for “a significant portion of free allowances should be initially distributed to capped entities and economic sectors.” In other words, polluters should be protected from paying the cost of compliance with the already fatally weakened cap. This will lead to windfall profits for polluters at the expense of consumers. President-elect Barack Obama and other progressive leaders have joined the Center for American Progress in calling for full auction of emissions permits to fund public investments and protect low-income consumers from economic hardship.

USCAP members include major global warming polluters in multiple industries—chemical (Dow, DuPont, Johnson & Johnson), oil and gas (Rio Tinto, Shell, BP America), manufacturing (Alcoa, Caterpillar, Siemens, GE, Boston Scientific), automotive (Ford Motor, GM, Chrysler, Deere), and utilities (Duke, PG&E, Exelon, FPL, PNM), as well as the financial services industry that would administer a cap-and-trade system (AIG, Marsh, Xerox).

The environmental organizations in the partnership are the Natural Resources Defense Council, the Environmental Defense Fund, the World Resources Institute, the Pew Center for Climate Change, and the Nature Conservancy. However, the National Wildlife Federation has left the partnership, saying that it instead will work to “enact a cap-and-invest bill that measures up to what scientists say is needed and makes bold investments in a clean energy economy.”

Responses below:

E&E News reports that Harlan Watson, Bush’s Special Envoy to the United Nations Framework Convention on Climate Change at the U.S. Department of State, will join the minority staff of the House Select Committee on Energy Independence and Global Warming. As the lead negotiator for the United States, Watson opposed U.S. involvement in emissions reductions. Watson will become a “distinguished professional staff member” for Rep. James Sensenbrenner of Wisconsin, the ranking minority member of Rep. Ed Markey’s (D-MA) non-legislative committee.

In other staff moves: Sources tell Hill Heat that Andrew Wheeler, the Republican staff director for the Senate Committee on Environment and Public Works, is leaving Sen. James Inhofe’s (R-OK) employ.

From the Wonk Room.

Jurisdiction over energy and environmental issues – including global warming legislation – in a key House committee will be moving from two Democrats sympathetic to industrial polluters to a progressive environmentalist. According to the Boston Globe, Rep. Edward Markey (D-MA) will become chair of the Energy and Environment Subcommittee of Rep. Henry Waxman’s (D-CA) House Committee on Energy and Commerce. Markey’s new subcommittee will replace the Energy and Air Quality Subcommittee chaired by Rep. Rick Boucher (D-VA), a coal-country representative, and the Environment and Hazardous Materials Subcommittee chaired by Rep. Gene Green (D-TX), an oil-patch Democrat.

Rep. Henry Waxman (D-CA), like Markey a strong proponent of progressive action to combat climate change, is in the process of reorganizing the energy and commerce committee after wresting control from Rep. John Dingell (D-MI):

As chair of the energy and environment subcommittee, Markey will have jurisdiction over greenhouse gas emissions legislation, such as the iCAP bill he proposed last year. He will also oversee the Clean Air Act, fossil energy, nuclear energy, drinking water and Superfund cleanups. Markey will remain chair of the House Select Committee on Energy Independence and Global Warming, which has no power over legislation.

Boucher will take Markey’s former seat as chair of the subcommittee in charge of telecommunications and the Internet. Boucher, like Markey, is a champion of network neutrality and patent reform.

Coal giant Massey Energy was fined Tuesday $2.5 million in criminal fines and $1.7 million in civil fines for a deadly 2006 mine fire controlled by its subsidiary, Aracoma Coal Co.

From Reuters:

A subsidiary of Massey Energy, Aracoma Coal Co, will pay $4.2 million for safety violations that led to the deaths of two miners in 2006.

“The global settlement is the largest financial settlement in the coal industry’s history,” the Justice Department said in a statement on Tuesday.

Federal mine inspectors decided to ignore violations to “let them run coal.”

Minness Justice, an inspector with the federal Mine Safety and Health Administration, told fellow MSHA employee Danny Woods that he believed dangerous amounts of spilled coal and dust had been allowed to accumulate along the belt line, raising the risk of a fire, and that the belt’s fire suppression system was inadequate, Mr. Woods said.

“He was just told to back off and let them run coal, that there was too much demand for coal,” Mr. Woods said. “He came up and told me he was told to do certain things and the inspectors before him hadn’t done a proper job.”

Massey Energy CEO Don Blankenship also decided to ignore violations to allow the miners to continue to “run coal.”

Blankenship involved himself in “day to day decisions” about how the Aracoma Mine would be run, including an October 2005 note in which Blankenship told mine managers to ignore anyone who tells them their job is to do anything except “run coal.”