Hill Heat

From the Wonk Room.

Johnnie Burton, the director of Bush’s Minerals Management Service (MMS) from 2002 to 2007, has no regrets about her tenure, saying in an interview that she found no problems within the agency, now disbanded in disgrace. Burton – at 70 now a case worker for Rep. Cynthia Lummis (R-WY) – defended her record to the Caspar, WY, Star-Tribune. Under Burton, the “mismanaged, unaccountable” agency was so corrupt that even pro-drilling Republicans like Rep. Darrell Issa (R-CA) bashed the agency. Burton responded with insouciant calm, telling the Star-Tribune “when I was there it seemed to work well”:

As for allegations of lax enforcement at the Minerals Management Service, grossly inadequate spill response plans and other regulatory shortfalls, Burton said that as MMS director she was unaware of those problems. “I can’t answer all these questions at this point because when I was there it seemed to work well,” Burton said.

The agency worked so “well” that investigators found evidence of “cronyism and cover-ups of management blunders; capitulation to oil companies in disputes about payments; plunging morale among auditors; and unreliable data-gathering that often makes it impossible to determine how much money companies actually owe.”

Burton was in charge during the development of the offshore drilling plan that expanded drilling to the site of the Deepwater Horizon disaster. Her Outer Continental Shelf Oil and Gas Leasing Program 2007-2012 included 2008’s Lease Sale 206, in which BP purchased Mississippi Canyon Block 252 (MC252) for $34 million. MC252, also known as the Macondo Prospect, has been flooding the Gulf of Mexico with oil for months now. Burton’s plan dismissed the environmental threat of that sale, primarily because no huge disasters had taken place since the Ixtoc I blowout in 1979, as these excerpts show:

The analysis above shows that with regard to potential oil spill impacts, areas that contain wetlands and marshes such as the Central GOM are particularly sensitive. However, lessees have been producing oil and gas from the Central Gulf and other areas for over 50 years with a remarkable record of environmental safety. For more than 30 years, there have been no significant oil spills from platforms anywhere on the OCS. [p. 92]

No Environmental Justice impacts from accidental oil spills are expected because of the movement of oil and gas activities further away from coastal areas and, also, the demographic pattern of more affluent groups living in coastal areas. [p. 60]

The Central Gulf coastal area ranks second in marine primary productivity only to the Mid-Atlantic. The marine primary productivity of the Central Gulf does not appear to have been appreciably diminished by offshore exploration and production activities. The same is true of other areas of the OCS with existing operations and production. Thus, the size, location, and timing of lease sales in the PFP are consistent with the marine primary productivity of the areas in which lease sales will be held. [p. 95]

Overall, impacts on national parks, national wildlife refuges, national estuarine research reserves, and national estuary program sites due to routine operations are expected to be limited under the proposed action because these areas are restricted from development. Impacts from oil spills are unlikely because it is anticipated that 75 percent of the hydrocarbons developed, as a result of the 2007-2012 leasing program in the GOM area are expected to occur in deep water (>330 m) usually located far from the shoreline. [p. 57]

Any single large spill would likely affect only a small proportion of a given fish population within the GOM, and it is unlikely that fish resources would be permanently affected. [p. 57]

In areas with a large proportion of impact-sensitive industry, such as tourism, the potential incremental impacts of oil spills would likely result in a one-time seasonal decline in business activity. [p. 59]

Impacts of accidental releases to water quality would depend on the size of the spill, type of material or product spilled, and environmental factors at the time of the spill. However, there would be no long-term, widespread impairment of marine water quality. [p. 60]

E&E News reports that Harlan Watson, Bush’s Special Envoy to the United Nations Framework Convention on Climate Change at the U.S. Department of State, will join the minority staff of the House Select Committee on Energy Independence and Global Warming. As the lead negotiator for the United States, Watson opposed U.S. involvement in emissions reductions. Watson will become a “distinguished professional staff member” for Rep. James Sensenbrenner of Wisconsin, the ranking minority member of Rep. Ed Markey’s (D-MA) non-legislative committee.

In other staff moves: Sources tell Hill Heat that Andrew Wheeler, the Republican staff director for the Senate Committee on Environment and Public Works, is leaving Sen. James Inhofe’s (R-OK) employ.

From the Wonk Room.

The Bush administration, though in the shadows of President-elect Barack Obama’s transition effort, continues to subvert the rule of law and impede action on global warming. Last week, the White House emailed mayors asking them to oppose the Environmental Protection Agency’s draft proposal for greenhouse gas regulations. According to the Washington Post, the email by Jeremy J. Broggi, associate director of the White House Office of Intergovernmental Affairs reminded mayors to formally submit complaints to the EPA:

At the time, President Bush warned that this was the wrong way to regulate emissions. Chairman John D. Dingell called it “a glorious mess.” And many of you contacted us to let us know how harmful this rule would be to the economies of the cities and counties you serve.

Broggi, a young Dick Cheney protegé, also linked to a November 20 U.S. Chamber of Commerce blog post by Bill Kovacs that makes the absurd claim regulation of carbon dioxide under the Clean Air Act “will operate as a de facto moratorium on major construction and infrastructure projects.” Broggi’s lobbying against his own government is nothing new—last year the Department of Transportation lobbied Congress to oppose global warming regulations.

To avoid action on global warming despite a direct order from the Supreme Court, Bush’s people have brazenly flouted their Constitutional obligation to faithfully execute the law, ignoring science, ignoring Congressional subpoenas, even ignoring emails from the EPA. Just as former attorney general Alberto Gonzales claimed the Geneva Convention’s ban on torture was “quaint,” EPA Administrator Stephen Johnson called the Clean Air Act “outdated” and “ill-suited” to the task of regulating greenhouse gas emissions.

However, it is the approach of the likes of George Bush, Stephen Johnson, Bill Kovacs, and John Dingell to the climate crisis that is “outdated,” “ill-suited,” and “a glorious mess”—not laws like the Clean Air Act. Robert Sussman, a Senior Fellow at the Center for American Progress Action Fund and co-chairman of Obama’s EPA transition team, explained last month:

In fact, a new administration could enforce new global warming regulations with common sense, focusing on large emitters of greenhouse gases to achieve reasonable reductions while spurring trillions of dollars worth of economic growth and green-collar jobs.

Come January, Dingell will have been replaced as chairman of the House Energy and Commerce Committee by Rep. Henry Waxman (D-CA), and the Bush administration by Obama’s team. Sadly, Kovacs will continue plugging his dangerous message of inaction, although major companies are starting to abandon the Chamber’s reactionary rhetoric.

Broggi’s email reminded Bush’s allies in “bold, underlined text” that the public comment period for these proposed regulations closes this Friday, November 28. You can join the We Campaign in sending the message that the EPA can and should take immediate action to control global warming and to help repower America.

The text of the email follows.

The House Committee on Global Warming and Energy Independence has issued a report, Past is Prologue, listing many of the energy and environmental regulations, rulemakings, and notices the Bush administration is expected to issue (or in some cases, illegally avoid issuing) in its final months in office. As R. Jeffrey Smith writes in the Washington Post, “The new rules would be among the most controversial deregulatory steps of the Bush era and could be difficult for his successor to undo.” Here’s a partial list:

• The Environmental Protection Agency (EPA) plans to finalize an NSR rule before the end of the administration that would essentially exempt all existing power plants from having to install new pollution control technology when these plants are updated.
• In a separate NSR rule, EPA plans to exempt so-called “fugitive” emissions – meaning emissions that don’t come out of the end of a stack such as volatile organic compounds emitted from leaking pipes and fittings at petroleum refineries – from consideration in determining whether NSR is triggered.
• EPA is also set to finalize a third rule weakening the NSR program, by allowing so-called “batch process facilities” – like oil refineries and chemical plants – to artificially ignore certain emissions when determining when NSR is triggered.
• EPA is also working towards weakening air pollution regulations on power plants and other emissions sources adjacent to national parks and other pristine, so-called “Class I” areas. By changing the modeling of new power plants’ impact on air quality in national parks – using annual emissions averages as opposed to shorter daily or monthly periods – the EPA rule will make it easier for such plants to be built close to parks.
• The National Highway Traffic Safety Administration (NHTSA) issued proposed regulations to implement the EISA fuel economy standards (increase by the maximum feasible amount each year, such that it reaches at least 35 miles per gallon by 2020) in April 2008, and final regulations are expected soon. If NHTSA used EIA’s higher gasoline price scenario—a range of $3.14/gallon in 2016 to $3.74/gallon in 2030—the technology is available to cost-effectively achieve a much higher fleet wide fuel economy of nearly 35 mpg in 2015 – instead of the 31.6 mpg in 2015 under the lower gas prices used in NHTSA’s proposed rule.
• EPA is expected to issue proposed regulations soon on the renewable fuels provisions passed in EISA that required America’s fuel supply to include 36 billion gallons of renewable fuels by 2022 – together with more specific volumetric requirements and lifecycle greenhouse gas benchmarks for “advanced” renewable fuels, cellulosic ethanol, and biodiesel.
• The Department of the Interior (DOI) has already telegraphed its intention to gut the Endangered Species Act by rushing through 300,000 comments on proposed rules in 32 hours, then providing a mere 10-day public comment period on the Environmental Assessment of the proposed rules change. The proposed rules would take expert scientific review out of many Endangered Species Act (ESA) processes, and could exempt the effects of global warming pollution on threatened or endangered species.
• DOI intends to finalize new regulations governing commercial development of oil shale on more than 2 million acres of public lands in the West.
• DOI’s Office of Surface Mining is expected before the end of the administration to issue a final rule that would extend the current rule (which requires a 100-foot buffer zone around streams to protect them from mining practices) so that it also applies to all other bodies of water, such as lakes, ponds and wetlands. But the rule would also exempt many harmful practices – such as permanent coal waste disposal facilities – and could even allow for changing a waterway’s flow.
• EPA has already missed several deadlines to finalize a rule addressing whether concentrated animal feeding operations (CAFOs) are required to obtain permits under the Clean Water Act.
• EPA and the Army Corps of Engineers may issue a revised guidance memo on how to interpret the phrase “waters of the United States” in the Clean Water Act, which determines what water bodies are subject to regulation under the Act.
• Under the Omnibus appropriations bill for FY 2008, EPA was directed to establish a mandatory reporting rule for greenhouse gas emissions, using its existing authority under the Clean Air Act, by September 2008. EPA has been working on a proposed rule, which may or may not be issued before the end of the Bush administration. EPA will not issue a final rule before the end of the administration.

From the Wonk Room.

President Bush exploited this morning’s press briefing on the “follow-up efforts” to Hurricane Gustav to attack Congress about lifting the offshore drilling moratorium. Stating that “what happens after the storm passes is as important as what happens prior to the storm arriving,” he made the declaration that “our discussion here today is about energy.” Bush wasn’t referring to the 1.4 million Louisianans who have lost power due to the storm’s destructive force, and chose not to mention the 102 deaths caused by Gustav. Instead, he went on the attack:

I know that Congress has been on recess for a while, but this issue hasn’t gone away. And, uh, this storm should not cause members of Congress say well, we don’t need to address our energy independence. It ought to cause the Congress to step up their need to address our dependence on foreign oil. And one place to do so is to give us a chance to explore in environmentally friendly ways on the Outer Continental Shelf.

Watch it:

MSNBC’s Mika Brzezinski and Joe Scarborough were both floored by Bush’s decision “to use another hurricane in Louisiana to promote offshore drilling at this point,” after he “performed so poorly during Hurricane Katrina.”

Bush’s tasteless politicization of an ongoing civil emergency repeated tired right-wing talking points. As Van Jones told the Wonk Room last week, Bush is selling false solutions and more pollution:

Let’s be very clear. Number one: There’s no such thing as American oil any more. These are multinational corporations. If you let multinational corporations drill all this oil, they’re going to sell it to the highest bidder, whether it’s China, or India, it doesn’t matter. Why would we throw away America’s beauty chasing the lost drops of oil, so multinational corporations can sell it to India and China?

And people also got to remember, we didn’t stop this as an environmental issue. We didn’t stop offshore drilling for the duckies and the fishies. We stopped it because coastline communities were suffering. Because the property owners, the children who live in those coastline communities – not when there were oil spills – but every day, when your child goes out to swim, he comes back covered in oil, you have to use gasoline to get the oil off your child. That was happening coast to coast

Transcript:

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.

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.

The White House has issued a Statement of Administrative Policy (SAP) on the Lieberman-Warner Climate Security Act (S. 3036), indicating that President Bush will veto the bill, citing fundamental differences with its approach, including mandatory emissions reductions and carbon pricing. The full text of the SAP is below.

In an address calling on Congress to make all his tax cuts permanent, Bush made the following statement:

Today the Senate is debating a bill called the Warner-Lieberman bill, which would impose roughly $6 trillion of new costs on the America economy. There’s a much better way to address the environment than imposing these costs on the job creators, which will ultimately have to be borne by American consumers. And I urge the Congress to be very careful about running up enormous costs for future generations of Americans.

We’ll work with the Congress, but the idea of a huge spending bill fueled by taxes – increases – isn’t the right way to proceed. And the right way for Congress to proceed on taxes in general is to send a clear message that the tax relief we passed need to be made permanent.