Kempthorne: Polar Bear 'Threatened' By Decline of Arctic Sea Ice, But Drilling Can Continue
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.”
Despite his protestations, Kempthorne’s decision clearly calls into question the legality of the sale of oil and gas drilling rights in polar bear habitat on February 6, while the polar bear decision was being illegally delayed.
Kempthorne complained that the Endangered Species Act is “one of the most inflexible” pieces of legislation because it didn’t allow him to consider economic impacts when protecting species like the polar bear from extinction.
From the Department of Interior press release on the 368-page rule:To make sure the ESA is not misused to regulate global climate change, Kempthorne promised the following actions:
- The U.S. Fish and Wildlife Service is proposing a 4(d) rule that states that if an activity is permissible under the stricter standards of the Marine Mammal Protection Act, it is also permissible under the ESA with respect to the polar bear. This rule, effective immediately, will ensure the protection of the bear while allowing us to continue to develop our natural resources in the arctic region in an environmentally sound way.
- Director Hall will issue guidance to staff that the best scientific data available today cannot make a causal connection between harm to listed species or their habitats and greenhouse gas emissions from a specific facility, or resource development project or government action.
- The Department will issue a Solicitor’s Opinion further clarifying these points.
- The Department will propose common sense modifications to the existing ESA regulatory language to prevent abuse of this listing to erect a back-door climate policy outside our normal system of political accountability.
Andy Revkin at Dot Earth concludes, “So this leaves everything as it was, in a way, with the bears facing a transforming ecosystem and environmentalists successful in their litigation, but not necessarily empowered by the listing.” At Climate Progress Joe Romm calls the decision “bye-polar disorder.”
Sierra Club spokesman Josh Dorner tells the Wonk Room, “This is the regulatory equivalent of a signing statement—only this one gets to be challenged in court.”
Text of John McCain's Climate Change Speech and Handouts
McCain campaign talking points, question-and-answer and “fact sheet” handouts.
Here is the full text of Sen. John McCain’s (R-AZ) speech on climate change in Portland, Oregon, as prepared for delivery:
Thank you all very much. I appreciate the hospitality of Vestas Wind Technology. Today is a kind of test run for the company. They’ve got wind technicians here, wind studies, and all these wind turbines, but there’s no wind. So now I know why they asked me to come give a speech.Every day, when there are no reporters and cameras around to draw attention to it, this company and others like it are doing important work. And what we see here is just a glimpse of much bigger things to come. Wind power is one of many alternative energy sources that are changing our economy for the better. And one day they will change our economy forever.
Wind is a clean and predictable source of energy, and about as renewable as anything on earth. Along with solar power, fuel-cell technology, cleaner burning fuels and other new energy sources, wind power will bring America closer to energy independence. Our economy depends upon clean and affordable alternatives to fossil fuels, and so, in many ways, does our security. A large share of the world’s oil reserves is controlled by foreign powers that do not have our interests at heart. And as our reliance on oil passes away, their power will vanish with it.
In the coming weeks I intend to address many of the great challenges that America’s energy policies must meet. When we debate energy bills in Washington, it should be more than a competition among industries for special favors, subsidies, and tax breaks. In the Congress, we need to send the special interests on their way – without their favors and subsidies. We need to draw on the best ideas of both parties, and on all the resources a free market can provide. We need to keep our eyes on big goals in energy policy, the serious dangers, and the common interests of the American people.
Today I’d like to focus on just one of those challenges, and among environmental dangers it is surely the most serious of all. Whether we call it “climate change” or “global warming,” in the end we’re all left with the same set of facts. The facts of global warming demand our urgent attention, especially in Washington. Good stewardship, prudence, and simple commonsense demand that we to act meet the challenge, and act quickly.
Some of the most compelling evidence of global warming comes to us from NASA. No longer do we need to rely on guesswork and computer modeling, because satellite images reveal a dramatic disappearance of glaciers, Antarctic ice shelves and polar ice sheets. And I’ve seen some of this evidence up close. A few years ago I traveled to the area of Svalbard, Norway, a group of islands in the Arctic Ocean. I was shown the southernmost point where a glacier had reached twenty years earlier. From there, we had to venture northward up the fjord to see where that same glacier ends today – because all the rest has melted. On a trip to Alaska, I heard about a national park visitor’s center that was built to offer a picture-perfect view of a large glacier. Problem is, the glacier is gone. A work of nature that took ages to form had melted away in a matter of decades.
Our scientists have also seen and measured reduced snowpack, with earlier runoffs in the Pacific Northwest and elsewhere. We have seen sustained drought in the Southwest, and across the world average temperatures that seem to reach new records every few years. We have seen a higher incidence of extreme weather events. In the frozen wilds of Alaska, the Arctic, Antarctic, and elsewhere, wildlife biologists have noted sudden changes in animal migration patterns, a loss of their habitat, a rise in sea levels. And you would think that if the polar bears, walruses, and sea birds have the good sense to respond to new conditions and new dangers, then humanity can respond as well.
We have many advantages in the fight against global warming, but time is not one of them. Instead of idly debating the precise extent of global warming, or the precise timeline of global warming, we need to deal with the central facts of rising temperatures, rising waters, and all the endless troubles that global warming will bring. We stand warned by serious and credible scientists across the world that time is short and the dangers are great. The most relevant question now is whether our own government is equal to the challenge.
There are vital measures we can take in the short term, even as we focus on long-term policies to mitigate the effects of global warming. In the years ahead, we are likely to see reduced water supplies … more forest fires than in previous decades … changes in crop production … more heat waves afflicting our cities and a greater intensity in storms. Each one of these consequences of climate change will require policies to protect our citizens, especially those most vulnerable to violent weather. Each one will require new precautions in the repair and construction our roads, bridges, railways, seawalls and other infrastructure. Some state local governments have already begun their planning and preparation for extreme events and other impacts of climate change. The federal government can help them in many ways, above all by coordinating their efforts, and I am committed to providing that support.
To lead in this effort, however, our government must strike at the source of the problem—with reforms that only Congress can enact and the president can sign. We know that greenhouse gasses are heavily implicated as a cause of climate change. And we know that among all greenhouse gasses, the worst by far is the carbon-dioxide that results from fossil-fuel combustion. Yet for all the good work of entrepreneurs and inventors in finding cleaner and better technologies, the fundamental incentives of the market are still on the side of carbon-based energy. This has to change before we can make the decisive shift away from fossil fuels.
For the market to do more, government must do more by opening new paths of invention and ingenuity. And we must do this in a way that gives American businesses new incentives and new rewards to seek, instead of just giving them new taxes to pay and new orders to follow. The most direct way to achieve this is through a system that sets clear limits on all greenhouse gases, while also allowing the sale of rights to excess emissions. And this is the proposal I will submit to the Congress if I am elected president—a cap-and-trade system to change the dynamic of our energy economy.
As a program under the Clean Air Act, the cap-and-trade system achieved enormous success in ridding the air of acid rain. And the same approach that brought a decline in sulfur dioxide emissions can have an equally dramatic and permanent effect on carbon emissions. Instantly, automakers, coal companies, power plants, and every other enterprise in America would have an incentive to reduce carbon emissions, because when they go under those limits they can sell the balance of permitted emissions for cash. As never before, the market would reward any person or company that seeks to invent, improve, or acquire alternatives to carbon-based energy. It is very hard to picture venture capitalists, corporate planners, small businesses and environmentalists all working to the same good purpose. But such cooperation is actually possible in the case of climate change, and this reform will set it in motion.
The people of this country have a genius for adapting, solving problems, and inventing new and better ways to accomplish our goals. But the federal government can’t just summon those talents by command – only the free market can draw them out. A cap-and-trade policy will send a signal that will be heard and welcomed all across the American economy. Those who want clean coal technology, more wind and solar, nuclear power, biomass and bio-fuels will have their opportunity through a new market that rewards those and other innovations in clean energy. The market will evolve, too, by requiring sensible reductions in greenhouse gases, but also by allowing full flexibility in how industry meets that requirement. Entrepreneurs and firms will know which energy investments they should make. And the highest rewards will go to those who make the smartest, safest, most responsible choices. A cap-and-trade reform will also create a profitable opportunity for rural America to receive market-based payments
- instead of government subsidies -for the conservation practices that store carbon in the soils of our nation’s farms.We will cap emissions according to specific goals, measuring progress by reference to past carbon emissions. By the year 2012, we will seek a return to 2005 levels of emission … by 2020, a return to 1990 levels … and so on until we have achieved at least a reduction of sixty percent below 1990 levels by the year 2050. In the course of time, it may be that new ideas and technologies will come along that we can hardly imagine today, allowing all industries to change with a speed that will surprise us. More likely, however, there will be some companies that need extra emissions rights, and they will be able to buy them. The system to meet these targets and timetables will give these companies extra time to adapt—and that is good economic policy. It is also a matter of simple fairness, because the cap-and-trade system will create jobs, improve livelihoods, and strengthen futures across our country.
The goal in all of this is to assure an energy supply that is safe, secure, diverse, and domestic. And in pursuit of these objectives, we cannot afford to take economic growth and job creation for granted. A strong and growing economy is essential to all of our goals, and especially the goal of finding alternatives to carbon-based technology. We want to turn the American economy toward cleaner and safer energy sources. And you can’t achieve that by imposing costs that the American economy cannot sustain.
As part of my cap-and-trade incentives, I will also propose to include the purchase of offsets from those outside the scope of the trading system. This will broaden the array of rewards for reduced emissions, while also lowering the costs of compliance with our new emissions standards. Through the sale of offsets – and with strict standards to assure that reductions are real – our agricultural sector alone can provide as much as forty percent of the overall reductions we will require in greenhouse gas emissions. And in the short term, farmers and ranchers can do it in some of the most cost-effective ways.
Over time, an increasing fraction of permits for emissions could be supplied by auction, yielding federal revenues that can be put to good use. Under my plan, we will apply these and other federal funds to help build the infrastructure of a post-carbon economy. We will support projects to advance technologies that capture and store carbon emissions. We will assist in transmitting wind- and solar-generated power from states that have them to states that need them. We will add to current federal efforts to develop promising technologies, such as plug-ins, hybrids, flex-fuel vehicles, and hydrogen-powered cars and trucks. We will also establish clear standards in government-funded research, to make sure that funding is effective and focused on the right goals.
And to create greater demand for the best technologies and practices in energy conservation, we will use the purchasing power of the United States government. Our government can hardly expect citizens and private businesses to adopt or invest in low-carbon technologies when it doesn’t always hold itself to the same standard. We need to set a better example in Washington, by consistently applying the best environmental standards to every purchase our government makes.
As we move toward all of these goals, and over time put the age of fossil fuels behind us, we must consider every alternative source of power, and that includes nuclear power. When our cap-and-trade policy is in place, there will be a sudden and sustained pursuit in the market for new investment opportunities in low-emission fuel sources. And here we have a known, proven energy source that requires exactly zero emissions. We have 104 nuclear reactors in our country, generating about twenty percent of our electricity. These reactors alone spare the atmosphere from about 700 million metric tons of carbon dioxide that would otherwise be released every year. That’s the annual equivalent of nearly all emissions from all the cars we drive in America. Europe, for its part, has 197 reactors in operation, and nations including France and Belgium derive more than half their electricity from nuclear power. Those good practices contribute to the more than two billion metric tons of carbon dioxide avoided every year, worldwide, because of nuclear energy. It doesn’t take a leap in logic to conclude that if we want to arrest global warming, then nuclear energy is a powerful ally in that cause.
In a cap-and-trade energy economy, the cost of building new reactors will be less prohibitive. The incentives to invest in a mature, zero-emissions technology will be stronger. New research and innovation will help the industry to overcome the well known drawbacks to nuclear power, such as the transport and storage of waste. And our government can help in these efforts. We can support research to extend the use of existing plants. Above all, we must make certain that every plant in America is safe from the designs of terrorists. And when all of this is assured, it will be time again to expand our use of one of the cleanest, safest, and most reliable sources of energy on earth.
For all of the last century, the profit motive basically led in one direction—toward machines, methods, and industries that used oil and gas. Enormous good came from that industrial growth, and we are all the beneficiaries of the national prosperity it built. But there were costs we weren’t counting, and often hardly noticed. And these terrible costs have added up now, in the atmosphere, in the oceans, and all across the natural world. They are no longer tenable, sustainable, or defensible. And what better way to correct past errors than to turn the creative energies of the free market in the other direction? Under the cap-and-trade system, this can happen. In all its power, the profit motive will suddenly begin to shift and point the other way – toward cleaner fuels, wiser ways, and a healthier planet.
As a nation, we make our own environmental plans and our own resolutions. But working with other nations to arrest climate change can be an even tougher proposition. China, India, and other developing economic powers in particular are among the greatest contributors to global warming today—increasing carbon emissions at a furious pace – and they are not receptive to international standards. Nor do they think that we in the industrialized world are in any position to preach the good news of carbon-emission control. We made most of our contributions to global warming before anyone knew about global warming.
This set of facts and perceived self-interests proved the undoing of the Kyoto Protocols. As president, I will have to deal with the same set of facts. I will not shirk the mantle of leadership that the United States bears. I will not permit eight long years to pass without serious action on serious challenges. I will not accept the same dead-end of failed diplomacy that claimed Kyoto. The United States will lead and will lead with a different approach—an approach that speaks to the interests and obligations of every nation.
Shared dangers mean shared duties, and global problems require global cooperation. The United States and our friends in Europe cannot alone deal with the threat of global warming. No nation should be exempted from its obligations. And least of all should we make exceptions for the very countries that are accelerating carbon emissions while the rest of us seek to reduce emissions. If we are going to establish meaningful environmental protocols, then they must include the two nations that have the potential to pollute the air faster, and in greater annual volume, than any nation ever in history.
At the same time, we will continue in good faith to negotiate with China and other nations to enact the standards and controls that are in the interest of every nation – whatever their stage of economic development. And America can take the lead in offering these developing nations the low-carbon technologies that we will make and they will need. One good idea or invention to reduce carbon emissions is worth a thousand finely crafted proposals at a conference table. And the governments of these developing economic powers will soon recognize, as America is beginning to do, their urgent need for cleaner-burning fuels and safer sources of energy.
If the efforts to negotiate an international solution that includes China and India do not succeed, we still have an obligation to act.
In my approach to global climate-control efforts, we will apply the principle of equal treatment. We will apply the same environmental standards to industries in China, India, and elsewhere that we apply to our own industries. And if industrializing countries seek an economic advantage by evading those standards, I would work with the European Union and other like-minded governments that plan to address the global warming problem to develop a cost equalization mechanism to apply to those countries that decline to enact a similar cap.
For all of its historical disregard of environmental standards, it cannot have escaped the attention of the Chinese regime that China’s skies are dangerously polluted, its beautiful rivers are dying, its grasslands vanishing, its coastlines receding, and its own glaciers melting. We know many of these signs from our own experience—from environmental lessons learned the hard way. And today, all the world knows that they are the signs of even greater trouble to come. Pressing on blindly with uncontrolled carbon emissions is in no one’s interest, especially China’s. And the rest of the world stands ready to help.
Like other environmental challenges
- only more so -global warming presents a test of foresight, of political courage, and of the unselfish concern that one generation owes to the next. We need to think straight about the dangers ahead, and to meet the problem with all the resources of human ingenuity at our disposal. We Americans like to say that there is no problem we can’t solve, however complicated, and no obstacle we cannot overcome if we meet it together. I believe this about our country. I know this about our country. And now it is time for us to show those qualities once again.Thank you.
Overview of EPA Investigations
From the Wonk Room.
The scheduled Oversight and Government Reform Committee hearing today on White House interference with ozone standards has been the hearing has been postponed because EPA Administrator Stephen Johnson refused to appear:EPA officials say Johnson had a “recurrence of ongoing back issues stemming from a car accident years ago.”
Below is the current status of a number of EPA scandals Congress is expecting Administrator Johnson to answer for:
| EPA SCANDAL | CURRENT STATUS |
|---|---|
| The denial of the California waiver petition. | |
| Failure to obey Supreme Court mandate to make a global warming pollution endangerment finding. |
|
| White House interference in ozone standards. | |
| Mary Gade firing. |
|
| Politicization of the EPA. |
|
Democratic Leadership Struggling to Move Forward with Renewable Tax Package
The House Ways and Means Committee will likely take up the new package next week and will bring it to the floor sometime before Memorial Day, Chairman Charles Rangel (D-N.Y.) told reporters yesterday. The renewable energy package will be part of a broader multibillion dollar package of “tax extenders” for various items that are set to expire this year.“Before the Memorial Day break, we will be bringing to the floor a comprehensive energy tax package that promotes research and development and promotes efficiency,” House Speaker Nancy Pelosi (D-Calif.) said yesterday. “The resources are there, the motivation is real, and I think they have reached some level of agreement with the Senate,” she added.
Sen. Max Baucus, chair of the Senate Finance Committee, has included the renewable tax credits with a package that would also extend tax credits against the Alternative Minimum Tax, the Alternative Minimum Tax and Extenders Tax Relief Act of 2008 (S. 2886).
Neither effort provides funding mechanisms.
Who Fired Mary Gade? 1
From the Wonk Room.
Mary Gade, the Region 5 Administrator for the Environmental Protection Agency, abruptly resigned in the midst of a battle with Dow Chemical over its refusal to clean up decades-old dioxin pollution from its headquarters in Michigan. As Michael Hawthorne reported in the Chicago Tribune:Gade told the Tribune she resigned after two aides to national EPA administrator Stephen Johnson took away her powers as regional administrator and told her to quit or be fired by June 1.He further reported that one of those officials had recently assessed her performance as “outstanding”:
Five months ago, a top U.S. Environmental Protection Agency official gave Mary Gade a performance rating of “outstanding.” On Thursday, the same official told her to quit or be fired as the agency’s top regulator in the Midwest.
The regional administrators report directly to the office of EPA Administrator Stephen L. Johnson. So who can the “two aides to national EPA administrator Stephen Johnson” who “took away her powers” be? The following are the most likely suspects:

Marcus C. Peacock
And although the administration chose Steve Johnson (a career scientist) as EPA Administrator, they sent Graham henchman Marcus Peacock over to keep a close eye on EPA as Deputy Administrator.
Control the power of OMB to a reasonable level – OMB does more to waste time and taxpayer dollars than any other organization in the government.
Further, the influence of other agencies, particularly OMB significantly affects the actions of specific individual program offices, which amounts to direct oversight of almost everything EPA does.
The current Administrator is a puppet operated by CEQ and OMB.

Luis A. Luna
This is a role that serves at pleasure of the administration, and [EPA Administrator Stephen Johnson] makes the decision of keeping people in place, and he made the decision. It’s a politically appointed position, just like mine. We have the expectation that we’re here to do a job, and we serve at the pleasure of the president, or in this case the pleasure of the administrator.
As Crooks and Liars noted during in 2007, the “pleasure of the president” was a Bush administration talking point during the U.S. Attorney scandal.
Responses to Voinovich Climate Bill 1
Responses to Sen. George Voinovich (R-Ohio)’s draft climate legislation.
As E&E News reports, Sen. Voinovich is designing his bill “with input from several industry groups, including the Alliance for Energy and Economic Growth, the National Manufacturers Association, the Edison Electric Institute and the American Chemistry Council.”The Washington office of Bracewell & Giuliani, a law firm that includes President Bush’s first-term U.S. EPA air pollution chief, Jeff Holmstead, and Scott Segal, director of the Electric Reliability Coordinating Council, also helped write the legislation.
EDF:
Ohio Senator George Voinovich today proposed to address the rapidly escalating threat of climate change by delaying meaningful federal action to control greenhouse gas emissions, obstructing existing state programs, and allowing U.S. global warming pollution to increase for decades to come.Jeremy Symons of the National Wildlife Federation:“This proposal can be summed up in one word: bankrupt,” said Steve Cochran, national climate campaign director at Environmental Defense Fund. “It’s a detailed prescription for doing nothing. If you think climate change is a hoax, this is your bill.”
The bill to nowhere.
This phony bill would not require mandatory reductions in global warming pollution. It’s Bush reincarnated—a repeat of the do-nothing policies of the last eight years, and an attempt to provide pollution-supporting senators a way to appear as though they are addressing global warming without actually doing so. Global warming threatens to create unprecedented food and water shortages in the coming decades, causing massive loss of life and social and political instability around the world. Any attempt, such as this, to block progress in this fight and prevent America from being a clean energy leader is repugnant and immoral. Voters are not going to be fooled. Any senator who votes for such sham legislation will answer for it at the ballot box.
Sen. Whitehouse Compares EPA Firing To U.S. Attorney Scandal: 'Déjà Vu All Over Again'
Yesterday, the Environmental Protection Agency dismissed Midwest regional administrator Mary Gade, one of ten such officials appointed directly by EPA Administrator Stephen L. Johnson. Gade, a lifelong Republican and a prominent supporter of George W. Bush’s pursuit of the presidency in 2000, told the Chicago Tribune, “There’s no question this is about Dow.” Gade was locked in a battle with Dow Chemical over the cleanup of dioxin poisoning from its world headquarters in Michigan. As former EPA official Robert Sussman writes in the Wonk Room, “To remove a Regional Administrator because of a disagreement over policy at an individual site is unheard of.”
Senator Sheldon Whitehouse (D-RI) just spoke on the Senate floor about Gade’s firing. Whitehouse compared her firing with the U.S. Attorney scandal that enveloped the Department of Justice and led to Attorney General Alberto Gonzales’s resignation:We do not yet know all the details of Ms. Gade’s firing, or everything that may have gone on between her office and Dow Chemical. But from everything that we’ve heard and seen so far, it looks like déjà vu all over again. From an administration that values compliance with its political agenda more than it values the trust or the best interests of the American people. Last year we learned that this is an administration that wouldn’t hesitate to fire capable federal prosecutors when they wouldn’t toe an improper party line. Today it seems that the Bush Administration might have once again removed a highly qualified and well-regarded official whose only misstep was to disagree with the political bosses.
Watch it:
Sen. Whitehouse also announced that he is conducting an oversight hearing into the politicization of the EPA and the circumstances of Gade’s dismissal next Wednesday. The last time EPA Administrator Stephen Johnson testified before Sen. Whitehouse, he put in a shameful performance, leading Whitehouse to state:
In my short time in Washington, I didn’t think I would again encounter a witness as evasive and unresponsive as Alberto Gonzales was during our investigation of the U.S. Attorney scandal. Unfortunately, today EPA Administrator Johnson stooped to that low standard.
Mr. WHITEHOUSE. Mr. President, for much of last year, the Senate Judiciary Committee was engaged in a troubling inquiry. We were trying to determine whether the Bush administration had fired several United States Attorneys for political reasons – because they were not “loyal Bushies.”That inquiry continues. But over its course, the incompetence and misjudgments it uncovered cost a number of Justice Department officials their jobs – including former Attorney General Alberto Gonzales, who made clear that he put loyalty to the President before the faithful exercise of his office. It also cost this proud Department the morale of its staff and the trust of the American people, who were left to wonder whether federal prosecutions in this country arose out of the pursuit of justice or the pursuit of political advantage.
This morning, we awoke to the news that the Environmental Protection Agency’s regional administrator for the Midwest, Mary Gade, was forced to resign in the midst of a heated debate over dioxin contamination in waters near Michigan. According to a report by the Chicago Tribune, Ms. Gade invoked emergency powers last year to force Dow Chemical, headquartered in Michigan, to clean up several areas saturated with the toxic chemical, a dangerous carcinogen which was a byproduct of Agent Orange.
She later broke off negotiations with the company on a more comprehensive cleanup, citing concerns that Dow had been reluctant to take steps to protect health and wildlife. At that point, the Tribune’s report says, the company asked EPA officials in Washington to intervene, though Dow said yesterday it had nothing to do with Ms. Gade’s dismissal. The paper wrote Ms. Gade said that high-ranking EPA officials “repeatedly questioned her aggressive action against Dow.” It quoted Ms. Gade as saying: “There is no question this is about Dow.”
We do not yet know all the details of Ms. Gade’s firing, or everything that may have gone on between EPA and Dow Chemical. But from all we have heard and seen, Mary Gade’s story seems like déjà vu all over again from an administration that values compliance with a political agenda over the best interests of the American people.
Last year, we learned that this administration would not hesitate to fire federal prosecutors who didn’t toe the party line. Today, it seems that the Bush administration has once again to remove a highly-qualified and well-regarded official whose only misstep, it appears, was to disagree with her political bosses.
Unfortunately, Mr. President, the story of Mary Gade is not only a distressing signal that the Bush administration may again be making hiring and firing decisions based on political loyalty. This is also just the latest in a growing pile of evidence of a troubling and destructive force at work within our government, one with serious consequences for our environment, our natural resources, and our public health.
We’ve always known that the Bush Administration was no friend to our environment. Over and over again for seven long years, this administration has put forward, under false flags, policies that would do great harm to the environment. From a Clear Skies initiative that would increase air pollution, to a national energy policy written by oil industry lobbyists, the Bush approach to environmental protection has been Orwellian.
That pattern continues even to this day. Not long ago, President Bush stood in the White House Rose Garden and announced what his administration characterized as a new strategy to address climate change. With Americans all over this country crying out for a bold, visionary plan to tackle the threat of global warming, a problem that threatens to engulf this nation and the entire world within generations if nothing is done, President Bush’s proposal was neither “new” nor a “strategy.”
Instead, the President announced what he called “a new national goal:” voluntary action to reduce greenhouse gas emissions by 2025. Let me say that again: voluntary action to reduce emissions by 2025.
Mr. President, there are a couple of problems with that approach. First: the President’s so-called strategy would allow greenhouse gas emissions to continue to rise for another 17 years – even though overwhelming scientific evidence indicates that unless we take immediate action to cut global warming pollutants, we might be too late to prevent the most serious impacts of global climate change.
Second: President Bush offered no initiatives that might reduce emissions now or in the future, and made clear that on his watch, the United States Government will never require polluters to make such reductions. But as every American not working in the Bush administration understands, voluntary action, without strength of will or force of law, simply isn’t enough to tackle the magnitude of this problem.
And finally, even as the President announced this empty, so-called renewed commitment to fighting global warming, his administration reiterated that it will oppose a specific, detailed plan for addressing the climate change problem that the Senate will likely take up after the Memorial Day recess – the Warner-Lieberman Climate Security Act.
This trifecta would merely be laughable, were the situation not so serious. And there is always the distasteful possibility, given this administration’s long and destructive history of disregard for environmental concerns, that this is a stalking horse, intended to prevent real progress on climate change; a way to leave this problem, like so many others, for the next President to solve.
Regrettably, the President’s announcement is also a stunning failure of leadership in a world community that is quickly growing unaccustomed to American leadership.
* * *Mr. President, we’ve known for a long time that politics of special interests is at the bottom of this, and that the Bush White House has repeatedly interfered with the decision-making process at the Environmental Protection Agency and other agencies, in thrall to the checkbooks of the oil companies, the gas companies, the chemical companies, the timber companies, the coal companies, and the auto companies.
A couple of weeks ago, we saw new evidence of how deeply this corrosive political influence has seeped within EPA – the primary federal agency charged with protecting our environment and public health. A report issued on April 23 by the Union of Concerned Scientists, entitled “Interference at the EPA,” is a scathing indictment of the decision-making process at EPA from those who know it best: the agency’s career scientists. The report consisted largely of a survey of EPA scientists and found that 60 percent of those surveyed had personally experienced at least one incident of political interference during the past five years. The report documents, among many other things, that many EPA scientists have been directed to inappropriately exclude or alter information from EPA science documents, or have had their work edited in a manner that resulted in changes to their scientific findings. The survey also revealed that EPA scientists have often objected to, or resigned or removed themselves from, EPA projects because of pressure to change scientific findings. Mr. President, the conclusion could not be clearer: EPA is an agency in crisis.
Once upon a time, anyone working at EPA could be proud of their agency’s reputation as the international gold standard in the area of environmental protection. Indeed, for most of its 40-year history, all Americans could place their trust EPA’s independent, science-based leadership in safeguarding our natural resources and our public health. In a 1970 press release setting forth the agency’s mission, its first administrator, William Ruckelshaus, stated EPA’s role unequivocally. I quote:
“EPA is an independent agency. It has no obligation to promote agriculture or commerce; only the critical obligation to protect and enhance the environment.”
Administrator Ruckelshaus was a Republican, appointed by President Nixon. Yet both he and the President who appointed him intended EPA to be immune from political pressure, to be guided by the twin lodestars of law and science in discharging that “critical obligation to protect and enhance the environment.”
However, in recent years and especially during the tenure of Administrator Johnson, we have seen EPA’s leadership, in cahoots with its White House allies, despoil these basic principles of independence and scientific integrity. Here are only a few examples from the long bill of particulars that indicts the leadership of this once-vaunted agency:
The George Bush Environmental Protection Agency has falsified data and fabricated results of studies regarding the safety of the air around the site of the collapse of the World Trade Center on September 11th.
The George Bush Environmental Protection Agency has selectively edited government reports, including the EPA’s 2003 Report on the Environment, to support uncertainty in climate change science, placing the imprimatur of the government of the United States of America on fringe views soundly rejected by essentially the entire world scientific community.
The George Bush Environmental Protection Agency has routinely tampered with regulatory and scientific processes to achieve results sought by industry, at the expense of our public health and environment. For example, in 2004, EPA allowed North Dakota to alter the way it measured air quality, to bring Theodore Roosevelt National Park into compliance with air quality standards without actually reducing pollution.
The George Bush Environmental Protection Agency has hidden, suppressed, and delayed the release of scientific findings in order to affect the impacts of EPA decisions, as in the case of a 2002 report on the effects of mercury on children’s health that EPA delayed for nine months and released only after it was leaked to the media.
The George Bush Environmental Protection Agency has disregarded legally mandated scientific and administrative procedures, as in the case of the agency’s failure to abide by the Supreme Court’s recent decision on regulating Greenhouse Gas Emissions.
The George Bush Environmental Protection Agency has stacked the EPA’s leadership and its advisory committees with industry allies, removing the respected scientists who argued for stronger public protections. A prime example of this is the removal, at the request of the industry lobbying group the American Chemistry Council, of toxicologist Deborah Rice from an EPA toxics advisory committee. Dr. Rice had argued for more stringent EPA standards for regulating certain chemicals used in commercially available plastics products. Not only was Dr. Rice removed the panel in a particularly Orwellian maneuver, but the fact that Dr. Rice had ever been on the panel was stricken from the panel’s records.
The George Bush Environmental Protection Agency has ignored the recommendations of career staff and scientists when they collided with White House political imperatives, as in the case of the agency’s decision on the so-called California wavier.
The George Bush Environmental Protection Agency has reduced enforcement of environmental regulations by opening fewer criminal investigations and filing fewer lawsuits against corporate polluters.
The George Bush Environmental Protection Agency has not only failed to protect, but sought reprisals against, agency employees who pointed out problems, reported legal violations, and attempted to correct factual misrepresentations made by their superiors. Amazingly, the EPA’s office of general counsel has invoked the doctrine of sovereign immunity against whistleblowers suing the agency because of actions taken by the agency in reprisal for whistleblowing activity.
And the George Bush Environmental Protection Agency has had its lawyering literally mocked by U.S. appellate courts—which in one case, condemned EPA’s defense of its regulation as possible “only in a Humpty-Dumpty world,” and in another case, accused the agency of “deploying the logic of the Queen of Hearts” from Alice in Wonderland in its interpretation of the law.
It makes one’s skin crawl to see the ways in which EPA’s leadership under the Bush Administration has put the interests of big business CEOs and lobbyists before the health and welfare of our environment and the American people.
The consequences of this are dire.
First, in a world that presents complex challenges to our public health, our environment, and our national security, the elevation of corporate interests over independent, science-based decision-making threatens America’s ability to respond effectively, and to provide the kind of leadership that the world expects and the American people deserve.
Second, the Administration’s conduct has demoralized EPA’s professional workforce – the scientists, lawyers, and regulatory experts to whom EPA owes its reputation as a champion of environmental protection and who, time and time again during this Administration, have seen their expert counsel set aside in favor of a partisan political agenda.
Third, President Bush and this Administration have compromised the faith of the American people in the integrity of their government. The President’s eagerness to do the bidding of the special interests and the Administrator’s willingness to kowtow to the White House, to the detriment of sound public policy, only confirm what too many in this country most fear: that the United States of America is no longer governed by and for the people. When policy is made for special interests and not for the public good, America is left weaker. No matter our partisan or ideological standings, I hope that no one in this room would want to do such a thing to this great country.
The Bush Administration has done lasting harm to our environment and the confidence of the American people. Next Wednesday, May 7th, at 9:30 a.m., I will join Senator Barbara Boxer, chairman of the Environment and Public Works Committee, for an oversight hearing to look into the many actions by this Bush Administration, and its EPA Administrator, which seem to be so badly at odds with the recommendations of the agency’s scientists and the best interests of the American people.
Chairman Boxer has been dogged in her pursuit of the truth behind the machinations of EPA’s leadership and the Bush White House, and her leadership will be critical as we try to get to the bottom of this. We plan to ask tough questions – and we expect honest answers – because the American people deserve an Environmental Protection Agency that lives up to its name.
EPA Dances Around Request to Curb Greenhouse Gases from Refineries
E&E News (subscription req.) is reporting that the EPA—responding to a court order—has issued new regulations to reduce air pollution from petroleum refineries. But there’s a catch: EPA also has denied environmental groups’ request to regulate greenhouse gas emissions from the refineries, and in so doing, stands accused of dramatically reinterpreting the Clean Air Act:
EPA explained that it was working on a new global warming policy in response to last year’s loss in the Supreme Court in Massachusetts v. EPA—a case that started when the Bush administration denied a petition to regulate greenhouse gas emissions from cars and trucks.
The agency also opened itself up to controversy today by saying it did not need to set any greenhouse gas limits for the industry now because it previously had opted against establishing such standards.
Environmentalists said they plan to sue EPA in federal appeals court over that reasoning. "It’s enormous," said David Bookbinder, an attorney at the Sierra Club. "They’re taking the position the agency has no obligation to look at or review any other pollutant."
Bookbinder said he was not surprised by EPA’s decision, adding that he did not expect the issue to be resolved until after the Bush administration leaves office. "I don’t want these chuckleheads writing the regulations for CO2," he said. "What scares me is the chunk of collateral damage done to the Clean Air Act."
EPA’s response to the public comments, filed by the Sierra Club and the Environmental Integrity Project, is explained between pages 92 and 104 of the new rule. We’re first taking a close look at EPA’s wording ourselves, and will chime in with further comments as needed.
But as a matter of simple analysis, it does behoove us to note that this is far from first time that EPA has used its own unreasonable delay on the Supreme Court’s Mass. v. EPA mandate as an excuse…