Hill Heat

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:

Last Tuesday, EPA whistleblower Jason Burnett testified before a Senate committee about the Bush administration’s efforts to influence EPA’s decision-making process in 2007—interference that ended with Administrator Stephen Johnson being ordered, contrary to the Clean Air Act, to delay regulating carbon dioxide as a pollutant and block California’s landmark efforts to fight global warming. Burnett’s most noteworthy new revelations came through several detailed anecdotes of White House interference. One of the most laughable, as related by the Washington Independent:

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.

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.).

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.

A vote on the issuance of a subpoena for the draft endangerment finding on global warming emissions rejected at the highest levels in the White House was stymied when Republican members boycotted the Senate Committee on Environment and Public Works business meeting, preventing a quorum.

Ironically, the committee’s ranking minority member, James Inhofe (R-Okla.), put out a press release complaining about the “Democratic Party’s Obstruction,” with respect to acceding to Republican demands for voting on their terms on increased drilling and development of unconventional fuels.

White House counsel Fred Fielding, in a July 21 letter to Boxer, refused to voluntarily turn over the document, explaining:

Your letter, by its very terms, calls for pre-decisional and deliberative communications of White House advisors and Executive Branch officials. For these reasons, the request plainly implicates well-established separation of powers concerns and Executive Branch confidentiality interests.

The committee’s chair, Sen. Barbara Boxer (D-Calif.), was reduced to issuing a statement on the humiliating treatment she and fellow Senators have received in investigating the EPA decision:

Picture this:

Three Senators huddled around one document – an EPA document that concludes that global warming endangers the American people, a document kept from the public by the White House. United States Senators compelled to take whatever notes they can, from a document only revealed to us under the watchful eyes of two White House lawyers.

Boxer did reveal excerpts of the draft endangerment finding, which has been made public in redacted and altered form as the “Draft Technical Support Document – Endangerment Analysis for Greenhouse Gas Emissions under the Clean Air Act” to the “Advance Notice of Proposed Rulemaking: Regulating Greenhouse Gas Emissions under the Clean Air Act.”

The draft finding, which reflected EPA Administrator Stephen Johnson’s decision to recognize the threat of global warming, includes the following excerpt:

In sum, the Administrator is proposing to find that elevated levels of GHG concentrations may reasonably be anticipated to endanger public welfare.

Johnson reversed his decision under pressure from the White House.

Today at 2 PM, the entire House GOP caucus is holding a Capitol rally to support their drill-drill-drill bill, dubbed the “American Energy Act” (H.R. 6566) and being promoted as an “all of the above” approach to energy policy. Their memo, acquired by the Wonk Room, reveals their plans to promote the bill as a panacea for high gas prices.

Read the full text of the legislation.

As Center for American Progress Action Fund’s Daniel Weiss points out, however, the House GOP is pushing a number of misleading or false talking points. In particular, they grossly overestimate the expected returns on drilling offshore, opening the Arctic Refuge, or mining oil shale—and fail to mention that any such returns would only be noticeable in decades.

From the Wonk Room.

Former Vice President Al Gore is set to give a major energy policy speech today, in which he will challenge “the nation to produce every kilowatt of electricity through wind, sun and other Earth-friendly energy sources within 10 years, an audacious goal he hopes the next president will embrace.” Gore is speaking at noon at the Daughter of the American Revolution Constitution Hall in Washington D.C.

The electricity sector is the largest producer of greenhouse gases in the United States, with its fossil-fired power plants and an obsolete power grid generating one-third of all our global warming emissions. Gore’s “unprecedented challenge” is a “moonshot” goal, but it is also on the scale of what is needed to avoid climate catastrophe. To stabilize the climate, the Intergovernmental Panel on Climate Change found that industrialized nations need to cut emissions to 25 to 40 percent below 1990 levels. For the United States, whose emissions have risen 15 percent since 1990, that goal translates to 34 to 48 percent below today’s pollution. Transforming the grid would cut global warming pollution by 33 percent from current levels by 2018—what we need for an even shot to halt our global fever.

Moving to all clean electricity would likely spur related reductions in the transportation sector, as the new “smart grid” of electricity distribution designed for renewable sources such as solar and wind power would be able to use plug-in hybrid vehicles for distributed electricity storage. Instead of everyone reliant on a few massive power plants controlled by large utilities, the system would allow both large and small-scale electricity production and storage. The giant wind farms of T. Boone Pickens would be complemented by millions of solar roofs, all feeding into the same dynamic electricity network.

From the Wonk Room.

It seems that Rep. Neil Abercrombie (D-HI) is crafting a plan that could lead to the inundation of Hawaii’s beaches, the extinction of its species, and the destruction of its water supply. Abercrombie and John Peterson (R-PA) are creating a “working group” to establish a “comprehensive, environmentally responsible energy plan,” whose members will be announced today. The centerpiece of this plan is opening protected coasts to drilling for more oil, as Abercrombie told the Hill:

Simply standing up and saying, you can’t drill your way out of this doesn’t work. The people are standing up and saying, “Yes, we can.”

The unique beaches, coral reefs, and oceanic ecosystems of Hawaii won’t be directly threatened by expanded offshore drilling, as the ocean that surrounds it doesn’t have fossil reserves. An oil spill or two could get tourists to flee the beaches of California, Florida, and the states of the eastern seaboard in favor of the Aloha State.

But in reality, Abercrombie’s advocacy of increasing fossil fuel production as a climate crisis looms will have deeper repercussions for this necklace of islands than perhaps any other state in the nation. Big Oil wants the world to keep burning fossil fuels at a rate that would increase global temperatures by five to seven times more than we’ve already experienced. Even more modest increases would spell catastrophe for islands like the Hawai’ian chain:

From the Wonk Room.

After over a year of battles with the White House and other federal agencies, the Environmental Protection Agency has published its response to the April 2007 Supreme Court ruling in Massachusetts v. EPA, which mandated that the agency determine whether greenhouse gases pose a threat to our health and welfare and take action in response. With today’s publication of an “Advance Notice of Proposed Rulemaking,” EPA Administrator Stephen Johnson ignores the threat and attacks the rule of law.

Johnson published his staff’s document – after extensive cuts from the White House – with complaints 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.

In one voice, the other agencies attack the use of the Clean Air Act to regulate greenhouse gases as “deeply flawed and unsuitable,” “fundamentally ill-suited,” “extraordinarily intrusive and burdensome,” “unilateral and extraordinarily burdensome,” “drastic,” “dramatic,” “excessive,” “extremely expensive,” and “costly and burdensome.” The clear and present threat of global warming is dismissed as a “complex” issue that hinges on “interpretation of statutory terms.”

Sadly, Johnson decided to join them, attacking the immense work done by his staff to address the catastrophic threat of climate change:

I believe the ANPR demonstrates the Clean Air Act, an outdated law originally enacted to control regional pollutants that cause direct health effects, is ill-suited for the task of regulating global greenhouse gases.

In his press conference announcing the release of today’s decision, Johnson reiterated his opinion that the Clean Air Act is the “wrong tool” for the task, “trying to fit a square peg in a round hole.”

This is yet another case where Johnson is following the example of the likes of disgraced former Attorney General Alberto Gonzales, who made similar statements about the Geneva Conventions’ ban on torture as White House Counsel:

As you have said, the war against terrorism is a new kind of war. The nature of the new war places a high premium on other factors, such as the ability to quickly obtain information from captured terrorists and their sponsors in order to avoid further atrocities against American civilians. In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.

Similarly, the White House’s arguments in defense of ignoring the Foreign Intelligence Surveillance Act’s ban on warrantless wiretapping:

Reverting to the outdated FISA statute risks our national security. FISA’s outdated provisions created dangerous intelligence gaps, which is why Congress passed the Protect America Act in the first place.

George W. Bush, Stephen Johnson, and the other officers of the executive branch swore an oath to “faithfully execute” their office and defend the Constitution. They have evidently decided to break that vow, time and again. In the Alice-in-Wonderland world of the Bush administration, it’s always the “quaint,” “outdated,” “burdensome,” and “ill-suited” laws that are the problem—never their reckless abandonment of principle and duty.

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.