Hill Heat: On Mass vs. EPA Anniversary, Stephen Johnson Delays and HidesScience Policy Legislation Actiontag:www.hillheat.com,2005:TypoTypo2008-04-17T18:39:17-04:00Wonk Roomurn:uuid:e6853fdc-6ed4-4d34-b0cf-5d5309316cdc2008-04-02T18:33:00-04:002008-04-17T18:39:17-04:00On Mass vs. EPA Anniversary, Stephen Johnson Delays and Hides<p><i>Originally posted at the <a href="http://thinkprogress.org/wonkroom/2008/04/02/epa-anniversary/">Think Progress Wonk Room</a>.</i></p>
<p><img src="http://thinkprogress.org/wonkroom/wp-content/uploads/2008/04/steve_johnson.JPG" alt="johnson" style="float:right;margin-left:10px" />One year ago today, the Supreme Court handed down an <a href="http://www.thinkprogress.org/2007/04/02/supreme-court-rules-against-bush-in-global-warming-case/">epochal decision in the global warming case</a> <i>Massachusetts vs. the Environmental Protection Agency</i>, stating that the <span class="caps">EPA</span> had the responsibility to determine how to regulate carbon dioxide for its contribution to global warming. The <span class="caps">EPA</span>, led by administrator Stephen L. Johnson, has utterly failed to do so, prompting a series of Congressional investigations and new lawsuits.</p>
<p>Johnson’s adversaries marked the anniversary of the Supreme Court decision today by continuing to press their case. Officials of 18 states filed suit against the <span class="caps">EPA</span> for its continued inaction—their petition “asks the U.S. Court of Appeals for the District of Columbia Circuit to <a href="http://ap.google.com/article/ALeqM5iqGMrzmNKuHg8Hmz_YBFYQvY4J4AD8VPSQP00">require the <span class="caps">EPA</span> to act within 60 days</a>.” By a <a href="http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=cqmidday-000002695904">unanimous vote</a>, the House Global Warming Committee issued subpoenas “<a href="http://globalwarming.house.gov/mediacenter/pressreleases?id=0197">for <span class="caps">EPA</span> documents showing the Agency’s progress</a> in making the ‘endangerment’ finding and proposing national emissions standards.”</p>
The Supreme Court decision mandated that the <span class="caps">EPA</span>:
<ul><li>Declare whether greenhouse gases pose a threat to human health and need to be regulated;
</li><li>Make a decision on California’s Clean Air Act petition to regulate motor vehicle greenhouse gas emissions;</li>
<li>Propose federal regulations for motor vehicle greenhouse emissions.</li></ul>In the past year, <span class="caps">EPA</span> Administrator Stephen L. Johnson has only completed one of those tasks, by <a href="/articles/2007/12/20/epa-admin-denies-california-waiver">denying California’s waiver petition</a> following the signing of the 2007 Energy Act in December.<p><i>Originally posted at the <a href="http://thinkprogress.org/wonkroom/2008/04/02/epa-anniversary/">Think Progress Wonk Room</a>.</i></p>
<p><img src="http://thinkprogress.org/wonkroom/wp-content/uploads/2008/04/steve_johnson.JPG" alt="johnson" style="float:right;margin-left:10px" />One year ago today, the Supreme Court handed down an <a href="http://www.thinkprogress.org/2007/04/02/supreme-court-rules-against-bush-in-global-warming-case/">epochal decision in the global warming case</a> <i>Massachusetts vs. the Environmental Protection Agency</i>, stating that the <span class="caps">EPA</span> had the responsibility to determine how to regulate carbon dioxide for its contribution to global warming. The <span class="caps">EPA</span>, led by administrator Stephen L. Johnson, has utterly failed to do so, prompting a series of Congressional investigations and new lawsuits.</p>
<p>Johnson’s adversaries marked the anniversary of the Supreme Court decision today by continuing to press their case. Officials of 18 states filed suit against the <span class="caps">EPA</span> for its continued inaction—their petition “asks the U.S. Court of Appeals for the District of Columbia Circuit to <a href="http://ap.google.com/article/ALeqM5iqGMrzmNKuHg8Hmz_YBFYQvY4J4AD8VPSQP00">require the <span class="caps">EPA</span> to act within 60 days</a>.” By a <a href="http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=cqmidday-000002695904">unanimous vote</a>, the House Global Warming Committee issued subpoenas “<a href="http://globalwarming.house.gov/mediacenter/pressreleases?id=0197">for <span class="caps">EPA</span> documents showing the Agency’s progress</a> in making the ‘endangerment’ finding and proposing national emissions standards.”</p>
The Supreme Court decision mandated that the <span class="caps">EPA</span>:
<ul><li>Declare whether greenhouse gases pose a threat to human health and need to be regulated;
</li><li>Make a decision on California’s Clean Air Act petition to regulate motor vehicle greenhouse gas emissions;</li>
<li>Propose federal regulations for motor vehicle greenhouse emissions.</li></ul>In the past year, <span class="caps">EPA</span> Administrator Stephen L. Johnson has only completed one of those tasks, by <a href="/articles/2007/12/20/epa-admin-denies-california-waiver">denying California’s waiver petition</a> following the signing of the 2007 Energy Act in December.
<p>Investigations by Congress, though repeatedly stymied by the agency, have determined that <span class="caps">EPA</span> staff actually worked vigorously last year to meet the Court mandate. In late fall Johnson brought the complete package with a health endangerment finding, approval of the California waiver, and motor vehicle regulations to the White House. After that, Johnson issued his waiver denial and <a href="/articles/2008/02/27/senate-investigation-finds-top-epa-officials-supported-california-waiver">all work at the <span class="caps">EPA</span> on the issue ceased</a>. Henry Waxman, chair of the House Oversight Committee, has vigorously pursued documents related to the California waiver denial, even as the <a href="/articles/2008/03/20/under-subpoena-epa-instead-demands-docs-from-oversight-committee"><span class="caps">EPA</span> responds to his subpoenas with document requests of their own</a>.</p>
<p>Johnson’s latest act was to declare last week that the <span class="caps">EPA</span> would release an “<a href="http://www.ombwatch.org/article/blogs/entry/4782/24">Advance Notice of Proposed Rulemaking</a>” asking for new round of comments, a delaying tactic promoted by a “<a href="http://oversight.house.gov/story.asp?ID=1831">memo from the Heritage Foundation</a>.”</p>
<p>He is <a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/04/01/AR2008040102478.html">now fleeing to Australia with his top staff for two weeks</a> to discuss the “ongoing environmental collaboration” between the countries—and fortuitously delay further Congressional hearings. The $280,000 trip is taxpayer-funded.</p>