Hill Heat

Witnesses

Panel 1

• Robin Nazarro, Director, Natural Resources and Environment Program, U.S. Government Accountability Office
• R. Lyle Laverty, Assistant Secretary for Fish and Wildlife and Parks, U.S. Department of the Interior
• Accompanied by: Ren Lohoefener, Fish and Wildlife Service and Ed Shepard, Bureau of Land Management
• Jane Luxton, General Counsel, National Oceanic and Atmospheric Administration
• Dr. Francesca T. Grifo, Ph.D., Senior Scientist and Director, Scientific Integrity Program, Union of Concerned Scientists

Panel 2

• Scott D. Kraus, Ph.D., Vice President of Research, New England Aquarium
• Dr. Jerry F. Franklin, Ph.D., College of Forest Resources, University of Washington
• Scott Hoffman Black, Executive Director, The Xerces Society for Invertebrate Conservation
• David Parsons, Science Fellow, The Rewilding Institute
• Larry Irwin, National Council for Air & Stream Improvement

21/05/2008 at 10:00AM

Originally posted at the Wonk Room.

After years of delay, Secretary of the Interior Dirk Kempthorne made a landmark decision on whether global warming pollution is regulated by the Endangered Species Act (ESA). Kempthorne ruled that the polar bear should be classified as a “threatened species” due to the decline of polar sea ice, critical to its survival. Kempthorne stated:

They are likely to become endangered in the near future.

The Department of Interior, under Secretary Dirk Kempthorne, fought for several years in the courts since 2005 to avoid making a decision on whether the precipitous decline in Arctic sea ice due to global warming is making the polar bear an endangered species. Fish and Wildlife Service director Dale Hall testified in January that there was no significant scientific uncertainty in the endangerment posed by global warming to polar bears—the only legal justification under the Endangered Species Act for a delay.

Kempthone’s decision to follow the science is in marked contrast to Environmental Protection Agency Administrator Stephen Johnson’s action to override his staff in refusing to regulate tailpipe greenhouse gas emissions.

However, Kempthorne also argued vigorously that his decison does not compel the Bush administration to construct a plan to regulate greenhouse gas emissions, repeating President Bush’s entirely spurious claim that would be a “wholly inappropriate use” of the Endangered Species Act. The Interior news release announces, “Rule will allow continuation of vital energy production in Alaska.” Kempthorne claimed that the Marine Mammal Protection Act (MMPA) is “more stringent” than the ESA, despite the court ruling that compelled him to make today’s ruling stating that “the protections afforded under the ESA far surpass those provided by the MMPA.”

Dirk Kempthorne has not confirmed attendance.

Witnesses

• The Honorable Dirk Kempthorne, Secretary, U.S. Department of the Interior (INVITED)

• Dr. Douglas B. Inkley, Senior Scientist, National Wildlife Federation
• Kassie R. Siegel, Director of the Climate, Air, and Energy Program, Center for Biological Diversity
• William P. Horn Esq., Birch, Horton, Bittner & Cherot

02/04/2008 at 10:00AM

On Thursday March 20, Sen. Boxer (D-Calif.), chair of the Senate Environment and Public Works Committee, sent a letter to Secretary of the Interior Dirk Kempthorne asking him “to appear before the Committee as soon as possible for an oversight hearing” on the “considerable delays in taking final action” over the Endangered Species Act listing of the polar bear. Boxer told him that the hearing would be planned for April 2 or 8.

The following day, Lyle Laverty, Assistant Secretary for Fish, Wildlife, and Parks, faxed back a response at 5:56 PM saying:

I understand Secretary Kempthorne called you on March 17, 2008, and expressed his commitment to testify before the Committee on the polar bear proposal once a decision is made on the issue. I also understand the Secretary committed to calling you on Tuesday, April 1, 2008, with an update on the progress towards a decision.

Boxer immediately responded, calling the offer of a telephone briefing and a hearing after a decision has been made “wholly inadequate,” and again requested the April 2 or 8 date for a hearing discussing “this serious breach of the Department’s duty to follow the law.”

It has been nearly a month since FWS director Dale Hall stated in a House Appropriations Committee hearing that he had submitted his decision on the polar bear listing to Secretary Kempthorne.

This is crossposted from the newly launched Think Progress Wonk Room, which will be covering policy news from climate change to national security. The issues covered by Hill Heat writer Brad Johnson will enjoy deeper coverage at the Wonk Room, where he is now a full-time staffer.

The Public Employees for Environmental Responsibility today highlighted the ethical conundrum facing scientists currently serving under Fish & Wildlife Service Director H. Dale Hall.

In addition, this month the Interior Inspector General opened a preliminary inquiry into whether Hall violated the code of conduct for repeatedly missing Endangered Species Act deadlines to list the polar bear, despite clear scientific guidance.

PEER Executive Director Jeff Ruch asks: “How can we expect scientists to obey a code of conduct that their director ignores?”

The latest delay has also triggered a lawsuit from environmental groups.

Allison Winter reports for E&E News:

The Interior Department’s internal watchdog said today it has begun a preliminary probe of the delayed polar bear decision.

Responding to requests from environmental groups, the Inspector General’s Office official said its preliminary review will determine if there is a need for a full investigation.

The Sierra Club, Alaska Wilderness League and four other organizations requested a review by Inspector General Early Devaney, claiming the delay violates the Fish and Wildlife Service’s scientific code of conduct and rules of the Endangered Species Act by allowing MMS to proceed with Chukchi lease sales.

Sixty days have now passed since January 8, 2008, when the U.S. Department of the Interior failed to meet its legal deadline to determine whether the polar bear is endangered by global warming, triggering a joint lawsuit over this latest delay from the Center for Biological Diversity, NRDC, and Greenpeace, pursuant to the notice of intent filed in January.

In the intervening months, U.S. Fish and Wildlife director Dale Hall took responsibility for the delay, but two weeks ago he told House appropriators that the decision had been given to Dirk Kempthorne, Secretary of the Interior, for final review.

In addition, Rep. Ed Markey (D-Mass.), chair of the House global warming committee, today introduced legislation to block further activity in the lease sale area. This legislation, which does not yet have a bill number, is a revision of his proposed legislation from January, before the lease sale took place. The amended legislation would now prevent the Secretary of the Interior from authorizing any “related activity (including approving any seismic activity, offering any new lease, or approving any exploration or development plan)” until an ESA determination and critical habitat designation is made.

At last week’s House Appropriations hearing on the FY 2009 Fish and Wildlife Service budget, FWS chief Dale Hall was grilled on the service’s implementation of the Endangered Species Act. The Bush administration has listed dramatically fewer species than previous administrations after dramatically reinterpreting the Act under Secretary Gale Norton’s “New Environmentalism” initiative to limit its protections for critical habitats. Further, Deputy Secretary Julie MacDonald was found to have interfered with a series of listing decisions (such as the prairie dog and sage grouse) until her dismissal in 2006.

Hall stated that he finally submitted his decision on the endangerment of polar bears due to climate change to Dirk Kempthorne, the Secretary of the Interior, saying that he expected a final decision to come in a few weeks. Hall justified the further delay to reporters: “It needs to be reviewed and explained to Interior, it can take a while to understand.”

On February 27, the Center for Biological Diversity announced a lawsuit protesting the FWS’s illegal delay on considering the endangerment of ten species of penguins:

The legal deadline at issue in today’s suit was triggered by a scientific petition the Center filed in November 2006 seeking Endangered Species Act protection for many of the world’s most threatened penguin species, including the emperor penguin in Antarctica. In July 2007, the U.S. Fish and Wildlife Service took the first of the three steps in the listing process when it found that 10 penguin species may deserve protection and began status reviews for those species. The Fish and Wildlife Service’s finding for the 10 penguin species triggered the duty to decide by November 29, 2007, whether the penguins qualify for listing under the Endangered Species Act, and if so, to propose them for listing. That decision is now more than two months overdue.

Witnesses

• Dale Hall, Director, U.S. Fish and Wildlife Service
• Mark D. Myers, Director, U.S. Geological Survey

Ben Chandler (D-Ky.) I know that you all have talked some about the alarming loss of common birds in our country. Alarming it is. I almost can’t believe it. The numbers that I’ve seen are absolutely atrocious. And one thing that I’d like to explore with you real quick, the Audubon Society has stated that the cause of the dramatic decline of birds is the outright loss of habitat due to poor land use, the clear-cutting of forests, the draining of wetlands and sprawl. Now, in light of such a stinging indictment as that, how does the administration justify a 70 percent cut in land acquisition?

Hall I don’t know.

Norm Dicks (D-Wash.) That’s a good answer.

Chandler That’s one of the best answers I’ve heard in a while, because I think that’s accurate. I appreciate that.

28/02/2008 at 10:00AM

Despite opposition from environmental organizations and Democrats in Congress, the Minerals Management Service is proceeding with its scheduled sale of offshore drilling leases in the Chukchi Sea at 9 AM Alaska time (1 PM EST). FWS chief Dale Hall failed to make the February 6 deadline despite his testimony to the Senate Environment and Public Works Committee last week that he was “pushing to get there.”

A Los Angeles Times op-ed penned last weekend by MMS director Randall Luthi, The Bear Necessities, defends the lease sale, claiming that “under the Marine Mammals Protection Act, the bear currently receives regulatory protections even stricter than those available under the Endangered Species Act.” This statement ignores the critical habitat provisions of the ESA which could prevent such actions as the lease sale.

Last week MMS officials sent a cease-and-desist order to Public Employees for Environmental Responsibility, who earlier published “a series of internal e-mails from current and former Interior scientists raising troubling questions about how badly environmental assessments of Arctic offshore oil development were skewed.”

The Alaska Wilderness League plans to live-blog the sale.

Update The sale has been completed, the 488 blocks selling for a total of over $2.6 billion.

Estimated reserves include 77 trillion cubic feet of conventionally recoverable natural gas (worth about $635 billion at $8/MMBtU) and 15 billion barrels of oil ($1.5 trillion at $100/barrel).

The winning bidders:

• Shell (Netherlands, $2.1 billion)
• ConocoPhilips (US, $506 million)
• Repsol (Spain, $14.4 million)
• Eni (Italy, $8.9 million)
• StatoilHydro (Norway, $14.4 million – most Statoil & Eni bids were joint bids)

As StatoilHydro noted in its press release, “The area is considered a frontier area with no production or infrastructure as of today.”

Senate Hearing

In today’s Senate Environment and Public Works Committee hearing on the Fish and Wildlife Service’s now-illegal delay in ruling whether polar bears are an endangered species, Sen. Boxer (D-Calif.) sharply rebuked the FWS director Dale Hall. She noted that the Alaska field office sent a recommended decision to Hall on December 14th of last year. Hall refused to discuss the recommendation, saying it would be “inappropriate” to discuss internal deliberations.

Hall gave as his only reason for the delay past the January 8 deadline the need to present a “high-quality” decision that responds in full to the voluminous public comments received. He stated that there was no significant scientific uncertainty in the endangerment posed by global warming to polar bears, the only reason for delay the Endangered Species Act permits. Under repeated questioning from Sens. Boxer and Lautenberg (D-N.J.), Hall said he wanted to present a decision, if possible, by February 6th.

Hall noted that in many ways the Marine Mammals Protection Act provides stronger protection than the Endangered Species Act for polar bears even if a finding of endangerment were made – a claim criticized by Andrew Wetzler of NRDC, who noted that the MMPA does nothing to protect critical habitat, the matter which would affect the planned sale of drilling rights in the Chukchi Sea.

MMS Speaks

On that front, Ben Gemen reports for E&E News that Minerals Managment Service director Randall Luthi said any delay of the scheduled February 6 sale of Chukchi Sea leases would prevent any oil-and-gas exploration in 2008. However, he also stated that the agency position is that:

there is no need for a delay, regardless of what FWS decides. He said that even in the absence of a listing, energy development is accompanied by several layers of environmental review and safeguards, including collaboration with FWS and the National Marine Fisheries Service.

Kerry Moves to Block

Meanwhile, Sen. Kerry (D-Mass.) introduced legislation yesterday that would block lease sales in the Arctic until Endangered Species Act decisions are made on the polar bear and its critical habitat, mirroring Rep. Markey’s (D-Mass.) proposed legislation in the House.

Internal Emails Show MMS Staff Outcry

Finally, Public Employees for Environmental Responsibility has released over the past week communications from MMS scientists pleading with the political appointees to delay the lease sale (contrary to Luthi’s January 17th testimony) and DOI directives forbidding MMS scientists to consider the possible threat of invasive species from opening the seas to drilling.