Hill Heat

Senate Republicans have introduced legislation to abolish the Environmental Protection Agency. The bill, introduced by Sen. Richard Burr (R-N.C.), would merge the EPA, which enforces environmental laws, with the Department of Energy, which manages nuclear energy and energy research, into one department.

In January, Newt Gingrich proposed abolishing the EPA, and several House Republicans have supported that goal. Burr’s statement announcing his bill to eliminate the EPA argues that “duplicative functions” can be eliminated:

U.S. Senator Richard Burr (R-North Carolina) introduced a bill that would consolidate the Department of Energy and the Environmental Protection Agency into a single, new agency called the Department of Energy and Environment (DOEE). The bill would provide cost savings by combining duplicative functions while improving the administration of energy and environmental policies by ensuring a coordinated approach.

Burr’s bill has fifteen co-sponsors, all of them deniers of the threat of global warming pollution, a top EPA priority: Jim DeMint (R-S.C.), Mike Enzi (R-Wyo.), John Thune (R-S.D.), John McCain (R-Ariz.), Dan Coats (R-Ind.), Richard Shelby (R-Ala.), John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.), Thad Cochran (R-Miss.), Kay Bailey Hutchison (R-Texas), David Vitter (R-La.), Orrin Hatch (R-UT), Ron Johnson (R-Wisc.), Mike Lee (R-Utah).

After a contentious House Rules Committee hearing on Tuesday, the full chamber will take up H.R. 910, the Upton-Inhofe Energy Tax Prevention Act, on Wednesday. In the upper chamber, the Senate is scheduled to begin votes at 4 pm on the climate amendments to S. 493, including Baucus amendment no. 236, Stabenow-Brown no. 277, Rockefeller no. 215, and McConnell no. 183, which is the Upton-Inhofe bill.

At the rules hearing on H.R. 910, Rep. Gerry Connolly (D-VA) submitted several amendments to change the title of bill, including the “Koch Brothers Appreciation Act” and “Protecting Americans from Polar Bears Act.”

The small business legislation SBIR/STTR Reauthorization Act of 2011 (S. 493), introduced by Sen. Mary Landrieu (D-La.), is being used as a vehicle for senators who wish to prevent regulation of greenhouse pollution from oil refineries, coal-fired power plants, heavy industry, and other major emitters. Four amendments, varying from the Upton-Inhofe legislation to prevent any and all action by the Environmental Protection Agency against climate change, to a two-year suspension of climate rules from Sen. Jay Rockefeller (D-W.V.), have been introduced. Votes on some combination of the amendments are expected to take place as early as Thursday afternoon.

Sen. Mitch McConnell (R-Ky.) has introduced amendment 183, the Energy Tax Prevention Act of 2011, first introduced by Sen. Jim Inhofe (R-Okla.). The amendment is cosponsored by Sens. Joe Manchin (D-W.V.), Orrin Hatch (R-Utah), Pat Toomey (R-Penn.), John Cornyn (R-Texas), Mike Johanns (R-Neb.), Rob Portman (R-Ohio), and Johnny Isakson (R-Ga.). The amendment calls for:

1. The permanent prohibition on Clean Air Act regulation of greenhouse gases, other than the existing motor vehicle rules
2. Repeal of the greenhouse gas endangerment finding and reporting requirements
3. Preventing any future California waiver for tailpipe greenhouse emissions

Sen. Jay Rockefeller (D-W.V.) has introduced amendment 215, the EPA Stationary Source Regulations Suspension Act, co-sponsored by Sen. Jim Webb (D-Va.), Sen. Joe Manchin (D-W.V.), Sen. Claire McCaskill (D-Mo.), Sen. Tim Johnson (D-S.D.), and Sen. Kent Conrad (D-N.D.). The amendment calls for:

1. A two-year suspension of stationary source regulations of carbon dioxide and methane

Sen. Max Baucus (D-Mont.) has introduced amendment 236, which has three elements:

1. Forbidding regulation of greenhouse gases from a emitter that doesn’t also produce other regulated air pollution
2. Codification of the EPA tailoring rule that establishes a 75,000 ton CO2e/year threshold for regulation
3. Excluding regulation of biofuel emissions related to land-use changes, or any other agricultural activities whatsover

Sen. Debbie Stabenow (D-Mich.) has introduced amendment 265, which has four elements:

1. A two-year suspension of stationary source greenhouse gas regulations
2. Preventing any future California waiver for tailpipe greenhouse emissions
3. Excluding regulation of biofuel emissions related to land-use changes, or any other agricultural activities whatsover
4. Allocating $5 billion to the Advanced Energy Project tax credit

An exploration of the conflicts raised by building an academic cancer research center with the money and active participation of a petrochemical billionaire.

As caviar-topped sweet potato cubes and gulab jamon skewers circulated, with gold-encrusted living statues posing in the corner, the Massachusetts Institute of Technology community feted last Friday the generous philanthropy of David H. Koch, whose $100 million gift helped build the new cancer research institute that bears his name.

The richest man in New York City stood tall above the crowd, as his wife Julia, brother Charles, and other members of the Koch family shared the glorious moment, captured by fast-snapping photographers. His bodyguards, thick-necked and glowering in ill-fitting suits that bore a small gold Koch Industries pin on the lapel, stood by as cancer researchers, MIT officials, and biotechnology executives enjoyed the open bar and discussed the future of the battle against cancer. The lab technicians who have already been working for weeks in the building were easy to identify by their scruffy haircuts, informal wear, and relative youth, faintly bemused by the mostly middle-aged hobnobbers.

Koch’s name was emblazoned on the nametags worn by the scientists and practically every surface of the new building with a logo that strongly resembles that of his petrochemical conglomerate.

This reception took place in the lobby of the David H. Koch Integrative Cancer Institute after the formal dedication of the building in a party tent wedged in back, where Koch was effusively thanked by politicians and scientists for his generosity and commitment to tackling the disease that kills one in four Americans, about 560,000 a year. Koch Institute scientists described the innovative technologies and research they are bringing to bear to treat cancer, from nanoparticles to deep sequencing. They discussed new breakthroughs in understanding the unique genetic nature of the various diseases that cause cancers to spread in the human body, promising new pathways of treatment for patients.

Strangely, however, during the entire two-hour program, not a single participant mentioned environmental carcinogens or any other external factors in causing cancer. Dr. Alice T. Shaw, a practicing oncologist at Massachusetts General Hospital, professor at Harvard Medical School, and clinical investigator at the Koch Institute gave an extended discussion of her specialty, lung cancer, about underlying genetic abnormalities, targeted mutations, and smart drugs. Not once did she mention the overwhelming role of cigarette smoking in making the once-rare disease one of the top killers in the world.

Dr. Tyler Jacks, the David H. Koch Professor of Biology and director of the institute, Dr. Jacqueline Lees, the institute’s associate director, and institute professors Dr. Phillip Sharp and Dr. Robert Langer also failed to address environmental causes of cancer during their allotted moments in the program. A lavishly produced video, which tied the launch of the Koch Institute to the celebration of MIT’s sesquicentennial, showed graduate students sitting in a classroom beneath a portrait of David Koch. The film exclusively discussed work to treat cancer, but not the causes.

Why this unusual omission?

Of the 403 amendments offered on the House budget measure, the 2011 Continuing Resolution (H.R. 1), many are focused on climate change, energy policy, and environmental protection. Republican amendments, if fully enacted, would eliminate the White House Council on Environmental Quality, the Special Envoy for Climate Change, the Assistant to the President for Energy and Climate Change, the Intergovernmental Panel on Climate Change, the NOAA Climate Service, and would block rules for cement plant pollution, coal ash, industrial boiler pollution, water quality, climate change, climate change adaptation, energy-efficient lighting, mountaintop removal, atrazine, and water conservation.

The following list was compiled by E&E News and by Hill Heat.

Administration environment programs

• Amendment No. 202 from Rep. Raúl Labrador (R-Idaho) to defund the White House Council on Environmental Quality, which advises the president on environmental issues.
• Amendment No. 203 from Labrador to stop the administration from using its funding to designate new monuments under the Antiquities Act. The administration downplayed that authority last summer after Republicans on the House Natural Resources Committee released a leaked Interior Department memo listing 14 possible sites for future monuments.
• Amendment No. 344 from Rep. Steve Pearce (R-N.M.) to stop the federal government from reimbursing attorneys’ fees that were incurred while seeking enforcement of the National Environmental Policy Act.
• Amendment No. 204 from Rep. Steve Scalise (R-La.) to stop the White House from using its funds to pay for an assistant to the president for energy and climate change, a special envoy for climate change or a special adviser for green jobs, enterprise and innovation. The first of those posts is held by departing climate czar Carol Browner.
• Amendment No. 257 from Rep. Tim Huelskamp (R-Kan.), also to stop the White House from paying for an assistant to the president for energy and climate change, the position held by Carol Browner.

Air and climate

• Amendment No. 165 from Rep. John Carter (R-Texas) to stop EPA from using its funding to implement new air pollution rules for cement kilns. Carter has recently drawn fire from environmentalists for introducing a resolution to block the standards, which would set limits on mercury and other types of toxic air pollution.
• Amendment No. 201 from Labrador to stop EPA from issuing or enforcing final standards for air pollution from industrial boilers. EPA sought an extension after industry groups and many lawmakers in Congress slammed the rule that was proposed last summer, but a court ordered the agency to issue a final rule by Feb. 21. The agency sent its draft to the White House for review last month, saying it would open up a reconsideration proceeding after issuing a final rule.
• Amendments No. 65 and 66 from Rep. Jared Polis (D-Colo.) to allow EPA to limit greenhouse gases under the Clean Air Act if it is deemed “necessary to protect the public health or prevent severe environmental degradation.”
• Amendment No. 198 from Rep. Ted Poe (R-Texas) to stop EPA from creating a cap-and-trade program or enforcing any other regulations for greenhouse gases under the Clean Air Act. Poe introduced a similar bill last month, as well as during the previous Congress.
• Amendment No. 348 from Pearce to stop Interior from putting funding toward climate change adaptation.
• Amendment No. 29 from Rep. Dean Heller (R-Nev.) to reduce funding for the International Fund for Agricultural Development by $2.599 million. Also reduces funding for Contributions to International Organizations account by $44 million, Global Environmental Facility by $4.6 million, International Development Association by $136 million, Enterprise for American Multilateral Investment by $2.9 million, and African Development Fund by $19.5 million.
• Amendment No. 149 from Rep. Blaine Leutkemeyer (R-Mo.) to prohibit funding the Intergovernmental Panel on Climate Change (IPCC).
• Amendment No. 378 from Rep. Ralph Hall (R-Texas) to prohibit the establishment of the NOAA Climate Service (NCS).

Energy policy

• Amendment No. 94 from Rep. John Sullivan (R-Okla.) to stop EPA from using its funding to implement its decision to allow the ethanol content of gasoline to be increased from 10 percent to 15 percent. EPA issued a rule in October that said E-15 could be used in vehicles made after 2007, and in January, the agency followed up with another rule allowing cars made between 2001 and 2006 to use the fuel.
• Amendment No. 241 from Rep. John Carney (D-Del.) to stop the Department of Energy from using its funding for the Oil and Gas Research and Development Program.
• Amendment No. 181 from Rep. Todd Akin (R-Mo.) to bar the use of federal funds to implement the section of the Energy Independence and Security Act of 2007 that phases out incandescent light bulbs in favor of more energy-efficient alternatives. Republicans have gone after the provision, citing it as an example of an overreaching federal government.
• Amendment No. 251 from Scalise to stop Interior from using any funding to delay the approval of a plan or permit for energy exploration on the outer continental shelf. The agency has been rebuked twice by a federal court for slowing new oil and gas drilling as part of its response to last year’s oil spill in the Gulf of Mexico.
• Amendments No. 300 through 320 from Rep. Tom McClintock (R-Calif.) to make a variety of changes to the appropriations given to DOE for energy efficiency and renewable energy research, including eliminating solar energy, water power, building technologies, vehicle technologies, fuel cells, geothermal energy, and biomass technologies.
• Amendment No. 329 from Rep. Marcy Kaptur (D-Ohio) to bar additional funding for the operations and maintenance of the Southeastern Power Administration, which operates hydroelectric power projects in the southeastern United States.
• Amendment No. 27 from Rep. Ed Markey (D-Mass.) to stop Interior from issuing new oil or natural gas leases on the outer continental shelf if they do not include limitations on royalty relief based on market price.
• Amendment No. 228 from Rep. Bob Goodlatte (R-Va.) to prevent the Los Alamos Neutron Science Center refurbishment, and to reduce the DOE nuclear budget by $20 million.

Water and mining rules

• Amendment No. 13 from Rep. Tom Rooney (R-Fla.) would stop EPA from using its funding to implement, administer or enforce new water quality standards for Florida’s lakes and flowing waters, which were issued in November. They have been challenged by the state of Florida (E&ENews PM, Dec. 7, 2010).
• Amendment No. 109 from Griffith to stop EPA from using its funding to implement or enforce new guidance for the review of possible water pollution from proposed coal-mining projects. The guidance was challenged last summer by the National Mining Association, which claims EPA has enforced the guidance as if it were a final rule without going through the usual notice-and-comment process (Greenwire, July 20, 2010).
• Amendment No. 216 from Rep. David McKinley (R-W.Va.) to stop EPA from administering or enforcing the sections of the Clean Water Act that govern dredge-and-fill permits. Those are the permits needed by mountaintop-removal operations such as the Spruce No. 1 coal mine, a West Virginia project that had its water quality permit revoked by EPA last month.
• Amendment No. 218 from Rep. Bill Johnson (R-Ohio) to stop EPA from issuing new rules for the circumstances under which mining may be conducted near streams or from conducting an environmental impact statement on the impact of the rules.
• Amendment No. 289 from McClintock to stop Interior from issuing grants under the WaterSMART program. The conservation initiative, which was created by Interior Secretary Ken Salazar last year, is intended to find solutions for the water shortages in many areas of the West.

Chemicals and toxics

• Amendment No. 10 from Rep. Cliff Stearns (R-Fla.) to stop EPA from developing or issuing standards that list coal ash as hazardous waste under the Resource Conservation and Recovery Act. After issuing a proposal last year, the agency has not signaled when it might make a final decision on coal ash, which was thrust into the public eye after a massive spill at a Tennessee Valley Authority power plant in late 2008.
• Amendment No. 217 from McKinley, also to stop the coal ash rules.
• Amendment No. 279 from Rep. Aaron Schock (R-Ill.) to stop EPA from using its funding to re-evaluate the possible health effects of the approved herbicide atrazine. In late 2009, the agency started a new review of atrazine, which is widely used by corn and sugar cane growers, to investigate whether the herbicide can have effects on the human endocrine system.

From the Wonk Room.

“Dust storms scour Iraq, freak floods wreak havoc in Saudi Arabia and Yemen, rising sea levels erode Egypt’s coast, and hotter, drier weather worsens water scarcity in the Middle East, already the world’s most water-short region,” as scientists urge Arab governments to act now against global warming.

“Approved by voters 53% to 47% on Nov. 2,” California’s Proposition 26 that reclassifies industry fees as “taxes” is “aimed at multibillion-dollar statewide issues such as a per-barrel severance fee on oil and a cap-and-trade system for greenhouse gases.”

“At Republican behest, controversial climate scientist Judith Curry will testify before the House Science and Technology Committee.”

From the Wonk Room.

Rush Limbaugh complained that Robert F. Kennedy Jr. gave Republicans and Fox News credit for killing climate legislation.

Rep. Joe Barton (R-TX), campaigning to be the House energy committee chair, says his colleagues have practically forgotten that he apologized to BP.

“Crude may climb past $100 next year as central banks pump cash into their economies to revive growth,” predict JPMorgan Chase and Bank of America Merrill Lynch.

From the Wonk Room.

“Global warming may be making pesticide residues, heavy metals and household chemicals more dangerous to fish, wildlife and, ultimately, humans,” scientists warn.

“We have to make it clear that the ice sheets are not Republicans or Democrats – they don’t have a political agenda as they disappear,” said Michael Mann.

Michael Bromwich, director of the Bureau of Ocean Energy Management, Regulation and Enforcement, told the commission investigating the spill Tuesday that “efforts to ensure the safety of offshore drilling operations — including hiring new personnel to scrutinize permits and inspect rigs — could fail without more funding.”

From the Wonk Room.

International negotiators are looking to the Montreal Protocol which tackled ozone-depleting chemicals to limit the super-greenhouse gases hydrofluorocarbons.

The Nashville floods in May cost the city a year’s worth of economic activity, or $2.65 billion.

Britain, Haiti, Pakistan, Bangalore, and South Africa are being battered by extreme rains and flooding.

In a letter to BP America CEO Lamar McKay, Reps. Henry Waxman (D-CA) and Rep. Bart Stupak (D-MI) are demanding that BP disclose its “spending on corporate advertising and marketing relating to the the Deepwater Horizon oil spill and relief, recovery, and restoration efforts in the Gulf of Mexico.” Their request follows the efforts of Rep. Kathy Castor (D-FL) to get answers about BP’s massive greenwashing campaign, which includes months of full-page advertisements in national and regional newspapers, radio spots, television commercials, and Internet ads. Outside estimates of the scope of the greenwashing campaign managed by BP’s public relations firm Mediashare are in the tens of millions of dollars, the Washington Post’s Krissah Thompson reports:

After the Deepwater Horizon rig exploded in April, BP went on the air with television ads and bought a series of full-page ads in The Washington Post, Wall Street Journal and other papers to position itself as an imperfect but responsible corporation committed to the cleanup of the gulf. The company has spent $55.8 million on television and print advertising so far this year, according to the Nielsen Co., which tracks ad spending.

According to Media Monitors, BP’s radio spots surged to 10,684 last week, with a particular focus on Florida stations. Since mid-July, BP’s internet ads have been running on political blogs, including Talking Points Memo, the Common Sense Media network of liberal sites from FireDogLake to AmericaBlog, and a host of conservative sites, including Eagle Interactive’s network with RedState and the Salem Web Network’s Townhall.com and Hot Air.

BP seems to be working harder to protect its brand than to help the people of the Gulf Coast, argued Alabama Attorney General Troy King. He has filed suit against BP because “while BP is spending millions on print ads and airtime, it’s not spending what it should on claims.” Fortunately, BP’s control of the claims process will finally end Monday, with the launch of Kenneth Feinberg’s Gulf Coast Claims Facility.