Hill Heat

From the Wonk Room.

Last fall, as the Environmental Protection Agency worked to satisfy its Supreme Court mandate to protect the American public from the threat of greenhouse gases, White House officials took steps to prevent such action. In a letter responding to questions by Sen. Barbara Boxer (D-CA), chair of the Committee on Environment and Public Works, former EPA official Jason K. Burnett implicated the Office of the Vice President, Dick Cheney, as well as the White House Council on Environmental Quality for censoring “any discussion of the human health consequences of climate change” in testimony to Congress.

Although Burnett refused to assist in the efforts, the October testimony of Dr. Julie Geberding, director of the Centers for Disease Control and Prevention, was “eviscerated,” with ten pages detailing the specific health threats of global warming – ranging from heat waves to floods – eliminated. After initial denials of White House interference, White House Press Secretary Dana Perino later claimed that the Office of Management and Budget had redacted testimony that contained “broad characterizations about climate change science that didn’t align with the IPCC.”

In fact, Burnett tells Sen. Boxer that the reason for the cuts was to “keep options open” for the EPA to avoid making an endangerment finding for global warming pollution, which would trigger immediate consequences for polluters. He writes:

On December 5th, under the direction of EPA Administrator Stephen Johnson, Burnett emailed a formal endangerment finding to the White House Office of Management and Budget, but received a “phone call from the White House” that asked Burnett “to send a follow-up note saying that the email had been sent in error.” He declined to retract the email, which remained unread. Two weeks later, on December 19, Johnson put an end to EPA’s work on global warming regulations and rejected California’s petition to regulate tailpipe greenhouse gas emissions.

This May, Burnett resigned from the EPA. In June, President Bush asserted executive privilege to block investigation of his involvement. Boxer has called Burnett to testify before her committee on July 22, in a hearing on “the most recent evidence of the serious danger posed by global warming.” In a statement today, Boxer said:

History will judge this Bush Administration harshly for recklessly covering up a real threat to the people they are supposed to protect.

Read Dr. Gerberding’s unredacted testimony here.

Read Sen. Boxer’s letter to Jason Burnett, and his letter in response.

From the Wonk Room.

As the Wonk Room has reported in our Global Boiling series, scientists have warned for well over a decade that global warming will make extreme weather events like the Midwest floods and California wildfires that are ravaging the nation commonplace. However, the Bush administration has failed to mobilize the nation, instead suppressing the research and letting polluters control policymaking. Now, spurred by activists, major environmental organizations are calling for action. On June 19, Friends of the Earth led the clarion call:

The warming climate has made more extreme precipitation inevitable, and in response, the U.S. must dramatically refashion its failed flood control policies.

The world’s largest grassroots environmental organization noted that U.S. flood control policy has been misguided for decades, pointing to government panels from 1966 and 1973 that recommended “more attention be paid to relocation out of flood zones and called for greater emphasis on non-engineering solutions.” Instead, due to pork barrel spending “totally unnecessary and often environmentally destructive projects are built while those of higher priority go unaddressed,” destroying up to 95% of the wetlands of Iowa and Illinois. With global warming, policies that were once problematic are now disastrous.

On July 1, National Wildlife Federation head Larry Schweiger called on Congress to hold immediate hearings to revise the National Flood Insurance Reform and Modernization Act. The accompanying report from the largest environmental organization in the United States, “Heavy Rainfall and Increased Flooding Risk: Global Warming’s Wake-Up Call for the Central United States,” recommends the U.S. stop its levee-larded strategy for flood control and begin aggressive reductions in global warming pollution. Offering her thoughts and prayers to those grappling with the “catastrophic flooding in the central United States,” NWF climate scientist Amanda Staudt connected the dots:

The big picture is that global warming is making tragedies like these more frequent and more intense. Global warming is happening now. Our dependency on fossil fuels like oil and coal is causing the problem, and people and wildlife are witnessing the effects.

The We Campaign alerted its million-person list about last month’s U.S. Climate Change Science Program report on global warming’s effects on extreme weather.

From the Wonk Room.

In a landmark victory in the battle to regulate global warming pollution, a Georgia judge ruled that a proposed coal-fired plant could not be built unless its carbon dioxide emissions are limited, effectively killing the project. The ruling is the first to apply the Supreme Court’s Massachusetts vs. EPA decision to the question of greenhouse gas pollution from power plants. According to GreenLaw, the Georgia environmental organization who filed suit with the Friends of the Chattahoochee and the Sierra Club in June 2007, Fulton County Superior Court Judge Thelma Moore’s decision “goes a long way toward protecting the right of Georgians to breathe clean air.”

The decision overturns an administrative court’s ruling that affirmed the state Environmental Protection Division’s (EPD) decision to issue an air pollution permit for Dynegy’s Longleaf plant. In practical terms, Dynegy cannot begin construction of the plant unless it can obtain a valid permit from EPD that complies with the Court’s ruling. The Judge held that EPD must limit the amount of carbon dioxide (CO2) emissions from the plant, a decision that will have far-reaching implications nationwide; this is the first time since the April 2, 2007, Supreme Court decision requiring the Environmental Protection Agency to regulate CO2 that a court has applied that standard to CO2 from an industrial source rather than from motor vehicles.

The $2 billion, 1200 megawatt plant – the first proposed in Georgia in over 20 years – was to be built by Dynegy Inc., the Houston-based energy company with several other proposed coal-fired power plants across the country. Dynegy and other fossil fuel polluters have been scrambling to get new plants started in anticipation of future limits on greenhouse gases, before investors and ratepayers recognize the risk.

Last October, the Kansas Department of Health denied air quality permits to a proposed coal plant expansion because of the danger greenhouse gas emissions pose to the climate. Gov. Kathleen Sebelius (D-KS) vetoed repeated attempts by the legislature to override the decision.

In contrast, officials recently appointed by Gov. Timothy Kaine (D-VA) to the Virginia Air Pollution Control Board unanimously granted air quality permits to Dominion Resources for a $1.8 billion coal-fired plant last week.

The court decision unequivocally rules that carbon dioxide must be regulated:

Faced with the ruling in Massachusetts that CO2 is an “air pollutant” under the Act, Respondents are forced to argue that CO2 is still not a “pollutant subject to regulation under the Act.” Respondents’ position is untenable. Putting aside the argument that any substance that falls within the statutory definition of “air pollutant” may be “subject to” regulation under the Act, there is no question that CO2 is “subject to regulation under the Act.”

The Guardian reports:

The No 2 utility owner in America yesterday won the right to build a $1.8bn power plant in the heart of the Appalachian mountains. The move almost certainly will increase Virginia’s use of the mining practice known as mountaintop removal, in which peaks are sheared off to reach the coal inside.

After an emotional two-day hearing that drew hundreds of witnesses, the Virginia state air pollution control board cleared Dominion Power to break ground on a 585-megawatt plant deep in the heart of coal country.

The vote was unanimous, with even board members who favor a carbon tax calling for more coal to burn.

Today:

Dominion Virginia Power will raise its electricity rates starting Tuesday by 18 percent, the largest one-time rate increase in three decades, to pay for soaring fuel costs. The three-member Virginia State Corporation Commission, the state’s utility regulator, approved the increase in a ruling issued Friday.

It’s Getting Hot in Here has commentary:

Today was the final day of the Air Board Hearing concerning the Wise County coal plant. The room was full of hope after yesterday’s comment period, and the board acknowledged the powerful citizen outcry over the plant’s health and environmental impacts. But ultimately, they approved the plant. While they significantly strengthened the emissions regulations, they did nothing to address mountain top removal mining or CO2 emissions.

They went as far as they could, without doing more harm than good. Fearing litigation from Dominion, they made no strong statement about regulating CO2—without the regulatory framework from the EPA, the Board felt it wasn’t able to take a strong stand. “My hope is,” stated one Air Board member, “that strong, forceful legislation will come at a federal level and that Governor Kaine will take state-specific actions to address CO2.”

It was because of the “loud public clamor” that the Air Board decided to take up this permit and make it as strong as it is now. Dominion will have to make a considerable effort to meet these demands, including cleaning up their mercury emissions. Dominion walked in the door expecting that their permit would get rubber-stamped approved with a 72 lb mercury emissions regulation. The Air Board demanded that they reduce that to 4.45 lbs per year. That’s a 120% reduction, made possible only by the strong grassroots outcry about this plant.

It was clear to me and other members of our coalition that this was a courageous move by the Air Board. They are going to take hits from both sides of the debate, neither of which got what they wanted. As Kathy Selvage said, “They gave no consideration for the mountains that will be the fuel for this plant.” MTR wasn’t mentioned by the Air Board at all. Also, the “out clause,” which allows Dominion to get a new permit if they cannot achieve the mercury standards, was also left in.

“There you go. We didn’t do it.,” said one Air Board member in his final comments. They didn’t take a strong stand on MTR, on CO2, or on the plant. But they did create a strong regulatory hurdle for Dominion, and they made an attempt to protect our air based on the Clean Air Act. The vote was unanimous.

The U.S. District Court of Appeals has unanimously rejected a petition requesting it require the Environmental Protection Agency to issue its long-delayed finding as to whether greenhouse gas emissions endanger human health and welfare. The petition had been filed by officials of 18 states exactly a year after the Supreme Court issued its decision in Massachusetts v. EPA, which ordered the EPA to issue an endangerment finding.

Since that time, Congressional and journalistic investigations have discovered that Administrator Stephen Johnson, with assistant deputy administrator Jason K. Burnett, worked to obey the Supreme Court decision and completed its work for submission to the White House on December 5, 2007. But the White House refused to accept the work, literally keeping Burnett’s email unopened and ordering him to retract the message. He refused to do so, and has since resigned.

The White House overrode the EPA decision to make the endangerment finding, to grant California a waiver to issue its own greenhouse tailpipe emissions regulations, and to recommend federal standards. Instead, Johnson denied California’s waiver and is expected to issue an Advance Notice of Proposed Rulemaking sometime soon with draft emissions standards (he has missed his self-imposed deadline of the end of spring).

In yesterday’s House Energy and Air Quality Subcommittee hearing on the costs of climate change inaction, economist Sir Nicholas Stern, author of the famous Stern Review on the Economics of Climate Change, warned the United States Congress that the challenge of reining in greenhouse emissions is critical and doable. Stern advised that there is “a 50-50 chance that worldwide temperatures would increase by an average of 9 degrees Fahrenheit over the pre-industrial level era by 2100.”

Energy Committee chairman John Dingell (D-Mich.) noted that global warming will bring more floods like those that have devastated Iowa and other Midwestern states:

I would prefer to legislate with more certainty from the scientists about the dangers we face in the future, but we do not have that luxury. Scientists are already observing effects now from climate change.

In contrast, Republican lawmakers emphasized energy costs and the problem of China and India, arguing against federal mandates to limit emissions.

Stern also met with a group of senators, and later spoke at the Center for Global Development, saying:

I remain impressed by the degree of understanding of many people of responsibility in the United States. At the same time, I was impressed by the extraordinary scientific denial of some of them.

From E&E News:

House Speaker Nancy Pelosi has announced that the lower chamber of Congress will consider several pieces of legislation targeted at oil companies, energy markets, and transportation.

• Reducing Transit Fares (H.R. 6052) – Gives grants to mass transit authorities to lower fares for commuters pinched at the pump and expand transit services.

• Cracking Down on Price Gouging – Gives enforcement authority to the Federal Trade Commission to investigate and punish those who artificially inflate fuel prices, similar to legislation passed last year.

• Closing the Enron-like “London Loophole” for Petroleum Markets – Takes steps to curb excessive speculation in the energy futures markets, which experts have noted is driving up the price of a barrel of oil.

• “Use It Or Lose It” for Oil Companies Holding Permits and Not Drilling – Compels the oil industry to start drilling or lose permits on the 68 million acres of undeveloped federal oil reserves which they are currently warehousing, keeping domestic supply lower and prices higher.

Originally posted at the Wonk Room.

The traditional media rarely discusses extreme weather events in the context of global warming. However, as the Wonk Room Global Boiling series has documented, scientists have been warning us for years that climate change will increase catastrophic weather events like the California wildfires, the East Coast heatwave, and the Midwest floods that have been taking lives and causing billions in damage in recent days.

Today, the federal government has released a report that assembles this knowledge in stark and unequivocal terms. “Weather and Climate Extremes in a Changing Climate,” by the multi-agency U.S. Climate Change Science Program with the National Oceanic and Atmospheric Administration in the lead, warns that changes in extreme weather are “among the most serious challenges to society” in dealing with global warming. After reporting that heat waves, severe rainfall, and intense hurricanes have been on the rise – all linked to manmade global warming – the authors deliver this warning about the future:

By a 52-44 vote, the Senate failed to achieve cloture on the Renewable Energy and Job Creation Act of 2008 (H.R. 6049), the tax package that included extensions of the renewable production tax credit, energy efficiency incentives, and a suite of other tax credit extensions. This version included an Alternative Minimum Tax (AMT) patch without any offset.

Sen. Reid (D-Nev.) cast a procedural vote with the Republicans and Sens. Clinton, Kennedy, McCain, and Obama did not vote. Sens. Collins, Coleman, Corker, Smith, and Snowe voted with the Democrats (Collins, Coleman, and Smith are up for re-election). The voting was otherwise entirely on party lines.

The timeline of the tax credits:

• FILIBUSTERED: June 17: H.R. 6049 filibustered 52-44 (Reid procedural vote with GOP)
• FILIBUSTERED: June 10: H.R. 6049 filibustered 50-44 (Reid procedural vote with GOP)
• PASSES SENATE, DIES IN HOUSE: April 10: S.Amdt. 4419 (tax credits without offsets, attached to Dodd housing bill) passes 88-8; not in House version
• PASSES HOUSE: February 27: House passes Renewable Energy and Energy Conservation Tax Act (H.R. 5351; tax credits paid by closing oil loopholes) 236-182; referred to the Senate Finance Committee.
• FILIBUSTERED: February 6: S. Amdt 3983 to H.R. 5140 (tax credits without offsets, attached to stimulus package) filibustered by one vote (58-41; Reid procedural vote with GOP, McCain not voting)
• January 30: Senate Finance Committee attaches tax credits to stimulus package
• FILIBUSTERED: December 13: H.R. 6 (tax credits paid by closing oil loopholes) filibustered by one vote (59-40; Landrieu with GOP, McCain not voting). Version of H.R. 6 without tax credits or RES passes 86-8.
• PASSES HOUSE: December 6: House passes H.R. 6 with tax credits and RES 235-181.
• June 21: Senate passes S.Amdt.1502 to H.R. 6 (no tax credits or RES)
• FILIBUSTERED: June 21: S.Amdt. 1704 to S.Amdt. 1502 to to H.R. 6 (tax credits paid by closing oil loopholes) filibustered 57-36 (Landrieu with GOP, Boxer, Brownback, Coburn, Johnson, McCain, Sessions not voting)
• PASSES HOUSE: January 18: House passes H.R. 6 with tax credits and RES 264-163.

U.S. Representatives Lloyd Doggett (D-Texas), Chris Van Hollen (D-MD) and Earl Blumenauer (D-OR) today introduced the Climate MATTERS Act (Climate Market Auction Trust and Trade Emissions Reduction System) to institute a cap-and-trade system designed to reduce greenhouse gas pollution. This is the first such bill to receive primary referral to the Ways and Means Committee, which is scheduling a hearing on it within a month.

The bill’s 2050 target is 80% below 1990 levels, and auctions 85% permits from the start, moving to 100% by 2020. Funds from the auction are directed primarily to consumers and workers, including a fund for healthcare.

The following environmental organizations released a joint statement heralding the legislation for its “strong, science-based targets” and “best practices of cap-and-trade policy”: Alaska Wilderness League, Defenders of Wildlife, Earthjustice, Environmental Defense Fund, Environment America, Greenpeace, League of Conservation Voters, National Audubon Society, Physicians for Social Responsibility, Sierra Club, Union of Concerned Scientists, The Wilderness Society.

Bill summary provided by the authors: