Waxman, Markey Go After EPA's Supreme Court Avoidance

Posted by Warming Law Wed, 12 Mar 2008 21:30:00 GMT

Tomorrow morning, the House Select Committee on Global Warming and Energy Independence will be holding a hearing on the implications of Massachusetts v. EPA nearly one year later. Chairman Edward Markey (D-MA) plans to question EPA Administrator Stephen Johnson on why he’s delayedaction on the EPA’s remand (which might result in another lawsuit). Committee members will also hear from a panel that includes Kansas Secretary of Health and the Environment Roderick Bremby, who made national headlines this fall by utilizing his legal authority under state law to deny permits for two new coal-fired power plants—citing the growing scientific consensus surrounding warming-related impacts and the Court’s ruling in Mass v. EPA to justify his landmark decision. 

The hearing WILL NOT be broadcast online (though it is being videotaped), but Warming Law will be in attendance and might be able to liveblog the proceedings, and will report back later regardless. We’ll be particularly noting whether any members decide to take up the "common sense questions" proposed today as talking points by the Heritage Foundation, which hyperbolically warns that an endangerment finding for CO2 would require the EPA [to] completely de-industrialize the United States." Heritage and the Competitive Enterprise Institute—which has similarly argued that an EPA global warming program would amount to "policy terrorism"—have actively taken credit for Johnson’s recent decision to suddenly halt work on an endangerment finding.

Amidst such boasts of outside influence on EPA, Markey’s counterpart on the House Oversight and Government Reform Committee, the indomitable Rep. Henry Waxman (D-CA), has started investigating the White House’s apparent interference in short-circuiting an endangerment finding. In a letter sent to Johnson today, Waxman notes on-the-record conversations with senior EPA officials that—combined with Johnson’s public statements up through the last couple of weeks—depict a process that was suddenly halted as it neared completion:

Multiple senior EPA officials [cited directly in this letter] have told the Committee on the record that after the Supreme Court’s landmark decision in Massachusetts v. EPA, you assembled a team of 60 to 70 EPA officials to determine whether carbon diioxide emissions endanger healt hand welfare and, if so, to develop regulations reducing CO2 emissions from motor vehicles. According to these officials, you agreed with your staff’s proposal that CO2 emissions from motor vehicles should be reduced and in Decemer forwarded an endangerment finding to the White House and a proposed motor vehicle regulation to the Department of Transportation…

The senior EPA officials who spoke with the Committee did not know what transpired inside the White House of the Department of Transportation or what directions the White House may have given to you. They do know, however, that since you sent the endangerment finding to the White House, "the work on vehicle efforts has stopped." They reported to the committee that the career officials assigned ot the issue have ceased their efforts and have been "awaiting direction" since December.

As per OMB Watch, the letter also pre-emptively rebuts the suggestion that the fuel economy standards passed by Congress in December have any legal impact on EPA’s legal obligations in wake of Mass. v. EPA. Waxman is demanding that EPA provide "copies of the documents relating to the endangerment finding and GHG vehicle rule, including copies of any communications with the White house and other federal agencies about these proposals." Copies of an EPA techinical support document, the proposed endangerment finding, and the proposed vehicle GHG rule are due by this Friday, March 14; all other documents are to be provided by March 28.

It should also be noted that Waxman previously uncovered an improper lobbying effort by the same parties in question here, DOT and the White House, against California’s since-denied application for a waiver to enact its own vehicle GHG standards. Waxman’s oversight into White House influence on that decision also continues, with a letter sent to Johnson on Monday threatening to subpoena missing documents unless they were provided by close-of-business today.

New Study Highlighting the National and 50-State Economic Impacts of the Lieberman-Warner Climate Change Bill

Posted by Brad Johnson Wed, 12 Mar 2008 14:00:00 GMT

A media conference call to discuss the findings of a study jointly commissioned by the National Association of Manufacturers (NAM) and the American Council for Capital Formation (ACCF) that quantifies the potential national and state economic impacts of the Lieberman-Warner climate change bill, S. 2191, the America’s Climate Security Act of 2007.

Conducted by Science Applications International Corporation (SAIC), the independent study examines the implications of the legislation with respect to future energy costs, economic growth, employment, production, household income and the impact on low income earners. The study includes a comprehensive national economic assessment, as well as separate and specific overviews of the impact the legislation would have on all 50 U.S. states.

The results of the study will be outlined during a brief presentation which will be followed by a question and answer session. The full SAIC national and 50 state-specific studies will be posted online at 9:30 am ET, Thursday, March 13, in advance and can be found at either www.accf.org or www.nam.org/climatechangereport.

The call is for credentialed media only.

  • The Honorable John Engler, President, National Association of Manufacturers
  • Dr. Margo Thorning, Senior Vice President and Chief Economist, American Council for Capital Formation

Dial-In Number: 1-800-857-9772

Passcode: 4174983

Contact: For additional information or to request an interview, please contact Erica Fitzsimmons

202-347-7445 – [email protected]

About NAM

The National Association of Manufacturers is the nation’s largest industrial trade association, representing small and large manufacturers in every industrial sector and in all 50 states. Headquartered in Washington, D.C., the NAM has 11 additional offices across the country.

About ACCF

The American Council for Capital Formation (www.accf.org) is a nonprofit, nonpartisan organization dedicated to the advocacy of tax and environmental policies that encourage saving and investment. The ACCF was founded in 1973 and is supported by the voluntary contributions of corporations, associations, foundations, and individuals.

Nuclear Power in a Warming World: Solution or Illusion?

Posted by Brad Johnson Wed, 12 Mar 2008 13:30:00 GMT

This hearing will explore the degree to which nuclear power could provide a solution for addressing climate change.

The contemplated future role of nuclear power in reducing global greenhouse gas emissions will clearly require a monumental capital investment, many years if not decades of planning and construction, extensive international coordination, and substantial assumption of risk by the general public and by investors. This hearing will examine the feasibility of achieving such a nuclear expansion, the costs and benefits of this nuclear path, and whether nuclear power can play a leading role in solving the climate challenge.

Wtinesses
  • Amory Lovins, Cofounder, Chairman, and Chief Scientist of the Rocky Mountain Institute
  • Sharon Squassoni, Senior Associate in the Nonproliferation Program of the Carnegie Endowment for International Peace
  • David Lochbaum, Director of the Nuclear Safety Project for the Union of Concerned Scientists

Boxer and Environmental Leaders United on Urgent Need to Address Global Warming

Posted by Brad Johnson Wed, 12 Mar 2008 13:30:00 GMT

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Environment and Public Works Committee, will be joined by the heads of America’s leading environmental organizations to discuss the need for action to address the challenge of global warming.

Participants
  • Sen. Barbara Boxer (D-CA), Chairman, Environment and Public Works Committee
  • Frances Beinecke, President, Natural Resources Defense Council
  • Carl Pope, Executive Director, Sierra Club
  • Gene Karpinski, President, League of Conservation Voters
  • Kevin Knobloch, President, Union of Concerned Scientists

Also participating will be representatives of Environment America, Environmental Defense, Center for International Law, Clean Water Action, National Wildlife Federation, Ocean Conservancy, Pew Environment Group, Physicians for Social Responsibility, and The Wilderness Society.

FY 2009 Basic Research Budget

Posted by Brad Johnson Tue, 11 Mar 2008 17:15:00 GMT

The Committee will explore the importance of basic research to U.S. competitiveness. The hearing will examine research and development budgets at agencies in the Committee’s jurisdiction, particularly the National Institute of Standards and Technology (NIST) and the National Science Foundation (NSF), as well as interagency science programs addressing climate change, nanotechnology, and information technology.

Getting Royalties Right: Recent Recommendations for Improving the Federal Oil & Gas Royalty System

Posted by Brad Johnson Tue, 11 Mar 2008 14:00:00 GMT

The Subcommittee will review recommendations from policy experts, the Government Accountability Office and the Inspector General’s office for improving the Federal oil and gas royalty system in light of the recent report to the Minerals Management Service’s Royalty Policy Committee entitled “Mineral Revenue Collection from Federal and Indian Lands and the Outer Continental Shelf.”

Witnesses

Panel 1

  • Mr. Earl Devaney, Inspector General, Department of the Interior
  • Mr. David Deal, Vice Chair, Royalty Policy Committee, Department of the Interior
  • Mr. Frank Rusco, Acting Director, Natural Resources and Environment, General Accounting Office
Panel 2
  • Hon. C. Stephen Allred, Assistant Secretary, Land and Minerals Management, Department of the Interior
  • Mr. Randall Luthi, Director, Minerals Management Service
  • Mr. Larry Finfer, Deputy Director, Office of Policy Analysis, Department of the Interior
  • Ms. Linda Stiff, Acting Commissioner, Internal Revenue Service
  • Mr. Dennis Roller, Royalty Audit Section Manager, Office of the State Auditor, North Dakota

FY 2009 DOE Energy & Conservation, Fossil Energy, Electricity Delivery and Energy Reliability Budget

Posted by Brad Johnson Tue, 11 Mar 2008 14:00:00 GMT

Witnesses
  • C.H. “Bud” Albright Jr., Under Secretary of Energy
  • Alexander Karsner, Assistant Secretary for Energy Efficiency and Renewable Energy
  • James Slutz, Acting Principal Deputy, Assistant Secretary for Fossil Energy
  • Kevin Kolevar, Director, Electricity Delivery and Energy Reliability

Ecological Dimensions of Biofuels

Posted by Brad Johnson Mon, 10 Mar 2008 12:30:00 GMT

On March 10, 2008, The Ecological Society of America will host a one-day conference on the Ecological Dimensions of Biofuels. 500 attendees will have the opportunity to hear invited presentations by leading scientists on:
  • sustainable development and use of biofuels;
  • social, biogeographic, land use, and biodiversity considerations; and,
  • ecological dimensions of alternatives for crop selection and production, harvest and transport of product to refinery, and refining of liquid fuels and other co-products.

A keynote address will be delivered by Dr. Jose Goldemberg, Co-President of the Global Energy Assessment (GEA) Council and Professor at the Universidade de Sao Paulo. Goldemberg recently served as Secretary for the Environment of the State of Sao Paulo, Brazil, and was a lead author of the World Energy Assessment.

The conference will conclude with an evening social featuring additional poster presentations and opportunities for attendees to network with presenters and others working in this important field.

Full details, including an agenda, confirmed speakers, registration information, and sponsorship opportunities, are available at http://www.esa.org/biofuels.

Ronald Reagan Building and International Trade Center

Time Topic Speaker
8:30 am “Environmental Impact of Biofuels Cropping Systems: Introduction”” Bill Parton Colorado State University
9:00 am “Defining Sustainable Biofuels – or, “It isn’t Easy Being Green”” John Sheehan LiveFuels, Inc.
9:30 am “Field to Fuel – Developing Sustainable Biorefineries” Robin Jenkins Dupont Central Research and Development Experiment Station
10:00 am BREAK
10:30 am “Biofuels and Water Quality in the Midwest: Corn vs. Switchgrass as Feedstocks” Catherine Kling Iowa State University
11:00 am “The Biogeochemistry of Bioenergy Landscapes: Clean Water, Clean Air, & Climate Mitigation vs. Business as Usual” Philip Robertson Michigan State University
11:30 am “Interactions between Biofuel Choices and Landscape Dynamics and Land use” Virginia Dale Oak Ridge National Laboratory
12:00 pm Keynote Address (with lunch) “Environmental and Ecological Dimensions of Biofuels” Jose Goldemberg Global Energy Assessment Council & Universidade de Sao Paulo, Brasil
1:30 pm “Biofuels and Biodiversity” John Wiens The Nature Conservancy
2:00 pm “Production of Biofuels Feedstock on Agriculture Land and Grasslands” Wally Wilhelm U.S. Department of Agriculture, Agricultural Research Service
2:30 pm “Are Rangeland Biofuel Feedstocks Ecologically Sustainable?” Linda Wallace University of Oklahoma
3:00 pm “Sustainable Biofuels and Bioproducts from our Forests” Marilyn Buford U.S. Department of Agriculture Forest Service
3:30 pm BREAK
4:00 pm “Municipal Solid Waste as Supplemental Feedstocks” Donna Perla U.S. Environmental Protection Agency
4:30 pm ” A Global-Scale Biofuels Program and its Environmental Consequences” Jerry Melillo The Ecosystems Center, Marine Biological Laboratory
5:00 pm “The Rush to Biofuels and Ecological Perspectives in the Policy Process” Otto Doering Purdue University
5:30 pm Poster Social & Reception

FWS Chief Admits Administration Budget Cuts Indefensible

Posted by Brad Johnson Wed, 05 Mar 2008 16:08:00 GMT

In last week’s budget hearing, U.S. Fish and Wildlife Service director Dale Hall was confronted by Rep. Ben Chandler (D-Ky.) in a revealing exchange:
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.

The Audubon Society analysis found that many common U.S. birds species have collapsed in recent years, some by at least 80 percent. In addition, the Society has identified 218 U.S. bird species at risk “amid a convergence of environmental challenges, including habitat loss, invasive species and global warming”.

Former Deputy Interior Secretary Julie MacDonald interfered with the Endangered Species Act listings of several of those at-risk: the Greater Sage Grouse, Gunnison Sage Grouse, Southwestern bald eagle, Southwestern willow flycatcher, Sacramento splittail and the recovery plan of the Northern spotted owl

Climate Change: Competitiveness Concerns and Prospects for Engaging Developing Countries

Posted by Brad Johnson Wed, 05 Mar 2008 15:30:00 GMT

See the January 31, 2008 white paper.

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