Hill Heat

In a move that has been discussed for some time on both sides of Capitol Hill, Rep. Henry Waxman (D-CA) has grown tired of waiting around for EPA to fully cooperate with his investigation of California’s EPA waiver denial:

Escalating the fight over the decision, Rep. Henry A. Waxman (D-Beverly Hills), chairman of the House Oversight and Government Reform Committee, directed the EPA to provide uncensored copies of its staff recommendation to agency Administrator Stephen L. Johnson before he rejected California’s request to enact tailpipe emission standards stricter than the federal government’s. The EPA was told to respond by noon Tuesday.

“The committee is simply trying to understand if the decision to reject California’s plan was made on the merits, so I’m especially disappointed that EPA is refusing to provide the relevant documents voluntarily,” Waxman said. “But we will to try to get to the bottom of this.”

[...]

The EPA has also turned over some documents, but they were heavily redacted, so much so that some pages were largely blank. The agency has resisted turning over nonredacted documents to Congress, contending that they are protected under attorney-client privilege. California and more than a dozen other states that want to enact similar laws have sued to overturn Johnson’s decision.

The agency has also argued that releasing the documents could have a “chilling effect” on candid discussions within the EPA. Vice President Dick Cheney also cited the need to keep internal deliberations private in fighting congressional efforts to force him to disclose details of private meetings he held as the White House drafted its energy policy, an initiative sparked in part by another California issue – the 2000-01 electricity crisis.

Waxman’s deadline isn’t the only one EPA must meet this week. Senator Barbara Boxer (D-CA) has given it until Friday to turn over documents related to potential White House involvement, and she has now spearheaded a call for the Government Accountability Office to look into factors influencing the waiver decision.

Johnson’s spokesman stood by the decision and said he wouldn’t be changing his mind anytime soon, but that hardly seems to be the California delegation’s point here. They’re building a careful case for congressional intervention via Senator Boxer’s legislative remedy overturning the decision, and both the slow pace of legal proceedings (which California is trying to hasten)and EPA’s foot-dragging play right into their hands.

On Monday Citi Group, Morgan Stanley, and JPMorgan Chase announced the establishment of an “enhanced diligence” framework for judging proposed financings of certain new fossil fuel generation.

The framework, according to the joint press release, sets principles for energy efficiency (including “regulatory and legislative changes that increase efficiency in electricity consumption”), renewable energy and low-carbon distributed energy technologies, and assessing the “financial, regulatory and certain environmental liability risks” of CO2-emitting fossil fuel power generation. The group intends to “encourage regulatory and legislative changes that facilitate carbon capture and storage (CCS) to further reduce CO2 emissions from the electric sector.”

The group, which as the Rainforest Action Network’s Understory blog notes does not include major investor Bank of America, consulted the power companies American Electric Power, CMS Energy, DTE Energy, NRG Energy, PSEG, Sempra and Southern Company and the environmental organizations Environmental Defense and the Natural Resources Defense Council.

Despite opposition from environmental organizations and Democrats in Congress, the Minerals Management Service is proceeding with its scheduled sale of offshore drilling leases in the Chukchi Sea at 9 AM Alaska time (1 PM EST). FWS chief Dale Hall failed to make the February 6 deadline despite his testimony to the Senate Environment and Public Works Committee last week that he was “pushing to get there.”

A Los Angeles Times op-ed penned last weekend by MMS director Randall Luthi, The Bear Necessities, defends the lease sale, claiming that “under the Marine Mammals Protection Act, the bear currently receives regulatory protections even stricter than those available under the Endangered Species Act.” This statement ignores the critical habitat provisions of the ESA which could prevent such actions as the lease sale.

Last week MMS officials sent a cease-and-desist order to Public Employees for Environmental Responsibility, who earlier published “a series of internal e-mails from current and former Interior scientists raising troubling questions about how badly environmental assessments of Arctic offshore oil development were skewed.”

The Alaska Wilderness League plans to live-blog the sale.

Update The sale has been completed, the 488 blocks selling for a total of over $2.6 billion.

Estimated reserves include 77 trillion cubic feet of conventionally recoverable natural gas (worth about $635 billion at $8/MMBtU) and 15 billion barrels of oil ($1.5 trillion at $100/barrel).

The winning bidders:

• Shell (Netherlands, $2.1 billion)
• ConocoPhilips (US, $506 million)
• Repsol (Spain, $14.4 million)
• Eni (Italy, $8.9 million)
• StatoilHydro (Norway, $14.4 million – most Statoil & Eni bids were joint bids)

As StatoilHydro noted in its press release, “The area is considered a frontier area with no production or infrastructure as of today.”

The Northeast/Midwest Senate and House Coalitions in conjunction with the Environmental and Energy Study Institute invite you to a briefing at which three state officials will present a summary of activities in the U.S. states on pressing energy problems and the impact of high energy prices on the American public. They will also discuss innovative energy programs that address the problems of all U.S. citizens and current federal funding for critical activities including the Low-Income Home Energy Assistance Program (LIHEAP), the Low-Income Weatherization Assistance Program (WAP) and the State Energy Program (SEP).

Panel

• Tom Plant, Director, Governor’s Energy Office, State of Colorado, on behalf of the National Association of State Energy Officials (NASEO)
• Vaughn Clark, Director, Office of Community Development, State of Oklahoma and President, National Association for State Community Service Programs (NASCSP)
• Mark Wolfe, Executive Director, National Energy Assistance Directors’ Association(NEADA)

This briefing is open to the public, no RSVP required. For more information, contact Chris Hickling, Legislative Director, Northeast Midwest Congressional Coalition (202-224-4642) chris_hickling@reed.senate.gov

In the middle of September 2007, Rick Boucher (D-W.Va.), chair of the the the Energy and Air Quality Subcommittee of John Dingell’s Energy and Commerce Committee, announced he would be releasing a series of white papers “over the next six weeks” on issues related to the development of climate change legislation.

October saw the first such paper, Scope of a Cap-and-Trade Program.

16 weeks later, he has released the second, Competitiveness Concerns/Engaging Developing Countries.

Since the U.S. cannot unilaterally bind other countries, our goal will be to craft legislation limiting U.S. carbon emissions that also induces developing countries to limit their emissions growth (1) on a timetable that meets both environmental and trade competitiveness concerns; (2) in a manner that is reasonably certain to withstand challenge before the World Trade Organization (WTO); and (3) on terms that pose acceptable risks to U.S. interests in the event of a negative WTO determination.

The white paper, which draws from a March 27 subcommittee hearing on international issues, discusses the IBEW/American Electric Power proposal of applying a “greenhouse gas intensity tariff” (which was included in Bingaman-Specter and Lieberman-Warner); the “carbon intensive” performance standard proposal; and the Environmental Defense “carrots and sticks” proposal for carbon market design.

The “questions for further discussion” are listed after the jump.

Last Thursday, Darren Samuelson of E&E News interviewed Sen. Barbara Boxer (D-Calif.) and an NRDC representative in response to the Friends of the Earth campaign to “fix or ditch” the Lieberman-Warner cap-and-trade bill (S. 2191). In its campaign, Friends of the Earth challenged Boxer for supporting Lieberman-Warner’s high degree of emitter giveaways and subsidies and its target of 60% reductions from 1990 levels of greenhouses by 2050, although the Democratic presidential candidates are calling for 100% auction and 80% by 2050.

Sen. Barbara Boxer (D-Calif.):

Their logic doesn’t hold up. What we need to do is not waste time. If we can get a strong bill signed into law, we should get it. And if we can’t, we shouldn’t. . . . They’re sort of the defeatist group out there. They’ve been defeatists from day one. And it’s unfortunate. They’re isolated among the environmental groups.

Boxer went on to emphasize the importance of holding senators accountable on global warming through test votes.

Julia Bovey, NRDC:

We do not agree with Friends of the Earth. We are not willing to give up the fight. We believe the Lieberman-Warner bill as passed out of committee is a very strong start. That doesn’t mean there isn’t room for improvement.

NRDC had previously described the bill as “a strong start”.

Brent Blackwelder, Friends of the Earth president, responded:

Far from being defeatists, we’re being realists. We’re focusing on what the scientists tell us has to be done to solve global warming. It’s not acceptable to pass a bill that falls short of the science. It’s not acceptable to pass a bill that gives $1 trillion to polluters.

On Monday, Environmental Defense Climate & Air director Mark McLeod sent an email to several Senate offices excoriating Friends of the Earth for placing L-W and Boxer “under attack”, claiming that opposition in the “liberal blogosphere” to Lieberman-Warner or the passage of any climate bill in this session “will become orthodoxy if we do not present a counterview from respected pro-environment voices.”

He characterized Friends of the Earth as “small and fairly isolated” in contrast to ED and “many other major environmental groups” who “are in favor of moving forward to get a strong bill like Lieberman-Warner,” saying also that Friends of the Earth is calling for “unrealistic dramatic changes.”

The full text of McLeod’s email is after the jump.

Last week, California’s lawsuit to overturn EPA’s waiver decision continued to gain support despite the automobile industry’s best efforts to prevent more states from stepping up to the plate on global warming emissions. While this preemptive lobbying campaign did temporarily stop a California legislative proposal to limit emissions through a “feebate” program, it has failed to convince states to hold back on supporting the Pavley clean cars program. Late Friday, the Florida Department of Environmental Protection and the state of Iowa joined the lawsuit, filing a 24-page motion to intervene in the case:

The motion presented by Iowa and Florida on Friday stated that the two states "recognize that motor vehicles are one of the most significant sources of greenhouse gases that cause global warming. Global warming is already seriously and negatively impacting the public health, economies, and environments of (the two states), and its effects are expected to worsen in the absence of effective abatement prompted by immediate governmental action.”

The Iowa Office of Energy Independence recommended in December that Iowa join with other states considering the adoption of California’s vehicle emissions standards.

Warming Law has written previously just how important it is that states that haven’t yet moved to adopt the California standards are getting involved here, and its likewise critical that states in the process of enacting regulations – such as Florida and Arizona—are still moving forward in every way that they can. It does, however, continue to bear highlighting that Florida’s environmental regulators had to bring its case rather than the state itself, a likely product of state AG Bill McCollum’s well-documented climate-change skepticism.