Obama Administration Adds Todd Stern, Lisa Heinzerling to Key Climate Positions 8

Posted by Brad Johnson Mon, 26 Jan 2009 21:49:00 GMT

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.”

NRDC's Karen Wayland Returns to Hill as Speaker Pelosi's Climate Policy Adviser 8

Posted by Brad Johnson Mon, 26 Jan 2009 18:00:00 GMT

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.

Obama Starts Process to Grant California Waiver; Auto Industry Cries Foul 11

Posted by Wonk Room Mon, 26 Jan 2009 17:50:00 GMT

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:

Massachusetts

Massachusetts et al v EPA et al
Status: Industry lost in federal appeals and Supreme Court.

In 2003, the Environmental Protection Agency ruled it would not regulate transportation sector greenhouse gases. Massachusetts and 11 other states sued the EPA in the U.S. Court of Appeals. Auto industry trade groups argued in favor of the EPA’s inaction. The Court of Appeals ruled for the EPA in 2005. In 2006, the U.S. Supreme Court heard the appeal, and on April 2, 2007 ruled that the EPA had to begin the regulatory process for greenhouse gases. On July 11, 2008, the Bush administration grudgingly published draft regulations.

California

Central Valley Chrysler Jeep, et al v Goldstene et al (No. 08-17380)
Status: Industry lost in district court, filed federal appeal.

Filed in California district court in 2006 and stayed until the Supreme Court Mass v. EPA decision, the judge found against the plaintiffs in December 2007. The plaintiffs filed an appeal in the Ninth Circuit on October 30, 2008.

Vermont

Green Mountain Chrysler-Plymouth-Dodge v. Crombie (No. 07-4342, filed 10/5/2007, Second Circuit)
Status: Industry lost in district court, filed federal appeal.

On September 12, 2007, a federal judge in Vermont ruled that the state may impose its own greenhouse gas emission standards on automakers. Vermont Chrysler and Ford dealerships, with the Alliance of Automobile Manufacturers, the Association of International Automobile Manufacturers, Chrysler, and General Motors appealed the decision to the Second Circuit Court of Appeals.

Rhode Island

Lincoln Dodge, Inc et al v. Sullivan (No. 06-00070, filed 2/13/20065, District of Rhode Island)
Status: In district court.

On November 25, the district court in Rhode Island dismissed the automakers from the lawsuit, holding that they are already suing in California and Vermont. The co-plaintiff auto dealers are maintaining the suit.

New Mexico

Zangara Dodge, Inc et al. v. Ron Curry et al. (No. 07-01305, filed 12/27/2007, in District of New Mexico)
Status: In district court.

New Mexico car dealers and the National Automobile Dealers Association sued to block the New Mexico Clean Car program in April 2008.

Maine

Status: State court denied stay.

The Kennebec County Superior court denied a request by the Alliance of Automobile Manufacturers to stay Maine’s standards, and refused to send the matter back to the Maine Board of Environmental Protection (BEP) for reconsideration.

When asked by the Wonk Room how much his group is spending on these lawsuits, Territo said, “It’s not relevant how much money AAM has spent because there are so many other groups participating.”