Hill Heat

A vote on the issuance of a subpoena for the draft endangerment finding on global warming emissions rejected at the highest levels in the White House was stymied when Republican members boycotted the Senate Committee on Environment and Public Works business meeting, preventing a quorum.

Ironically, the committee’s ranking minority member, James Inhofe (R-Okla.), put out a press release complaining about the “Democratic Party’s Obstruction,” with respect to acceding to Republican demands for voting on their terms on increased drilling and development of unconventional fuels.

White House counsel Fred Fielding, in a July 21 letter to Boxer, refused to voluntarily turn over the document, explaining:

Your letter, by its very terms, calls for pre-decisional and deliberative communications of White House advisors and Executive Branch officials. For these reasons, the request plainly implicates well-established separation of powers concerns and Executive Branch confidentiality interests.

The committee’s chair, Sen. Barbara Boxer (D-Calif.), was reduced to issuing a statement on the humiliating treatment she and fellow Senators have received in investigating the EPA decision:

Picture this:

Three Senators huddled around one document – an EPA document that concludes that global warming endangers the American people, a document kept from the public by the White House. United States Senators compelled to take whatever notes they can, from a document only revealed to us under the watchful eyes of two White House lawyers.

Boxer did reveal excerpts of the draft endangerment finding, which has been made public in redacted and altered form as the “Draft Technical Support Document – Endangerment Analysis for Greenhouse Gas Emissions under the Clean Air Act” to the “Advance Notice of Proposed Rulemaking: Regulating Greenhouse Gas Emissions under the Clean Air Act.”

The draft finding, which reflected EPA Administrator Stephen Johnson’s decision to recognize the threat of global warming, includes the following excerpt:

In sum, the Administrator is proposing to find that elevated levels of GHG concentrations may reasonably be anticipated to endanger public welfare.

Johnson reversed his decision under pressure from the White House.

Today at 2 PM, the entire House GOP caucus is holding a Capitol rally to support their drill-drill-drill bill, dubbed the “American Energy Act” (H.R. 6566) and being promoted as an “all of the above” approach to energy policy. Their memo, acquired by the Wonk Room, reveals their plans to promote the bill as a panacea for high gas prices.

Read the full text of the legislation.

As Center for American Progress Action Fund’s Daniel Weiss points out, however, the House GOP is pushing a number of misleading or false talking points. In particular, they grossly overestimate the expected returns on drilling offshore, opening the Arctic Refuge, or mining oil shale—and fail to mention that any such returns would only be noticeable in decades.

From the Wonk Room.

Former Vice President Al Gore is set to give a major energy policy speech today, in which he will challenge “the nation to produce every kilowatt of electricity through wind, sun and other Earth-friendly energy sources within 10 years, an audacious goal he hopes the next president will embrace.” Gore is speaking at noon at the Daughter of the American Revolution Constitution Hall in Washington D.C.

The electricity sector is the largest producer of greenhouse gases in the United States, with its fossil-fired power plants and an obsolete power grid generating one-third of all our global warming emissions. Gore’s “unprecedented challenge” is a “moonshot” goal, but it is also on the scale of what is needed to avoid climate catastrophe. To stabilize the climate, the Intergovernmental Panel on Climate Change found that industrialized nations need to cut emissions to 25 to 40 percent below 1990 levels. For the United States, whose emissions have risen 15 percent since 1990, that goal translates to 34 to 48 percent below today’s pollution. Transforming the grid would cut global warming pollution by 33 percent from current levels by 2018—what we need for an even shot to halt our global fever.

Moving to all clean electricity would likely spur related reductions in the transportation sector, as the new “smart grid” of electricity distribution designed for renewable sources such as solar and wind power would be able to use plug-in hybrid vehicles for distributed electricity storage. Instead of everyone reliant on a few massive power plants controlled by large utilities, the system would allow both large and small-scale electricity production and storage. The giant wind farms of T. Boone Pickens would be complemented by millions of solar roofs, all feeding into the same dynamic electricity network.

From the Wonk Room.

It seems that Rep. Neil Abercrombie (D-HI) is crafting a plan that could lead to the inundation of Hawaii’s beaches, the extinction of its species, and the destruction of its water supply. Abercrombie and John Peterson (R-PA) are creating a “working group” to establish a “comprehensive, environmentally responsible energy plan,” whose members will be announced today. The centerpiece of this plan is opening protected coasts to drilling for more oil, as Abercrombie told the Hill:

Simply standing up and saying, you can’t drill your way out of this doesn’t work. The people are standing up and saying, “Yes, we can.”

The unique beaches, coral reefs, and oceanic ecosystems of Hawaii won’t be directly threatened by expanded offshore drilling, as the ocean that surrounds it doesn’t have fossil reserves. An oil spill or two could get tourists to flee the beaches of California, Florida, and the states of the eastern seaboard in favor of the Aloha State.

But in reality, Abercrombie’s advocacy of increasing fossil fuel production as a climate crisis looms will have deeper repercussions for this necklace of islands than perhaps any other state in the nation. Big Oil wants the world to keep burning fossil fuels at a rate that would increase global temperatures by five to seven times more than we’ve already experienced. Even more modest increases would spell catastrophe for islands like the Hawai’ian chain:

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.

From the Wonk Room.

Last fall, as the Environmental Protection Agency worked to satisfy its Supreme Court mandate to protect the American public from the threat of greenhouse gases, White House officials took steps to prevent such action. In a letter responding to questions by Sen. Barbara Boxer (D-CA), chair of the Committee on Environment and Public Works, former EPA official Jason K. Burnett implicated the Office of the Vice President, Dick Cheney, as well as the White House Council on Environmental Quality for censoring “any discussion of the human health consequences of climate change” in testimony to Congress.

Although Burnett refused to assist in the efforts, the October testimony of Dr. Julie Geberding, director of the Centers for Disease Control and Prevention, was “eviscerated,” with ten pages detailing the specific health threats of global warming – ranging from heat waves to floods – eliminated. After initial denials of White House interference, White House Press Secretary Dana Perino later claimed that the Office of Management and Budget had redacted testimony that contained “broad characterizations about climate change science that didn’t align with the IPCC.”

In fact, Burnett tells Sen. Boxer that the reason for the cuts was to “keep options open” for the EPA to avoid making an endangerment finding for global warming pollution, which would trigger immediate consequences for polluters. He writes:

On December 5th, under the direction of EPA Administrator Stephen Johnson, Burnett emailed a formal endangerment finding to the White House Office of Management and Budget, but received a “phone call from the White House” that asked Burnett “to send a follow-up note saying that the email had been sent in error.” He declined to retract the email, which remained unread. Two weeks later, on December 19, Johnson put an end to EPA’s work on global warming regulations and rejected California’s petition to regulate tailpipe greenhouse gas emissions.

This May, Burnett resigned from the EPA. In June, President Bush asserted executive privilege to block investigation of his involvement. Boxer has called Burnett to testify before her committee on July 22, in a hearing on “the most recent evidence of the serious danger posed by global warming.” In a statement today, Boxer said:

History will judge this Bush Administration harshly for recklessly covering up a real threat to the people they are supposed to protect.

Read Dr. Gerberding’s unredacted testimony here.

Read Sen. Boxer’s letter to Jason Burnett, and his letter in response.

From the Wonk Room.

As the Wonk Room has reported in our Global Boiling series, scientists have warned for well over a decade that global warming will make extreme weather events like the Midwest floods and California wildfires that are ravaging the nation commonplace. However, the Bush administration has failed to mobilize the nation, instead suppressing the research and letting polluters control policymaking. Now, spurred by activists, major environmental organizations are calling for action. On June 19, Friends of the Earth led the clarion call:

The warming climate has made more extreme precipitation inevitable, and in response, the U.S. must dramatically refashion its failed flood control policies.

The world’s largest grassroots environmental organization noted that U.S. flood control policy has been misguided for decades, pointing to government panels from 1966 and 1973 that recommended “more attention be paid to relocation out of flood zones and called for greater emphasis on non-engineering solutions.” Instead, due to pork barrel spending “totally unnecessary and often environmentally destructive projects are built while those of higher priority go unaddressed,” destroying up to 95% of the wetlands of Iowa and Illinois. With global warming, policies that were once problematic are now disastrous.

On July 1, National Wildlife Federation head Larry Schweiger called on Congress to hold immediate hearings to revise the National Flood Insurance Reform and Modernization Act. The accompanying report from the largest environmental organization in the United States, “Heavy Rainfall and Increased Flooding Risk: Global Warming’s Wake-Up Call for the Central United States,” recommends the U.S. stop its levee-larded strategy for flood control and begin aggressive reductions in global warming pollution. Offering her thoughts and prayers to those grappling with the “catastrophic flooding in the central United States,” NWF climate scientist Amanda Staudt connected the dots:

The big picture is that global warming is making tragedies like these more frequent and more intense. Global warming is happening now. Our dependency on fossil fuels like oil and coal is causing the problem, and people and wildlife are witnessing the effects.

The We Campaign alerted its million-person list about last month’s U.S. Climate Change Science Program report on global warming’s effects on extreme weather.

From the Wonk Room.

In a landmark victory in the battle to regulate global warming pollution, a Georgia judge ruled that a proposed coal-fired plant could not be built unless its carbon dioxide emissions are limited, effectively killing the project. The ruling is the first to apply the Supreme Court’s Massachusetts vs. EPA decision to the question of greenhouse gas pollution from power plants. According to GreenLaw, the Georgia environmental organization who filed suit with the Friends of the Chattahoochee and the Sierra Club in June 2007, Fulton County Superior Court Judge Thelma Moore’s decision “goes a long way toward protecting the right of Georgians to breathe clean air.”

The decision overturns an administrative court’s ruling that affirmed the state Environmental Protection Division’s (EPD) decision to issue an air pollution permit for Dynegy’s Longleaf plant. In practical terms, Dynegy cannot begin construction of the plant unless it can obtain a valid permit from EPD that complies with the Court’s ruling. The Judge held that EPD must limit the amount of carbon dioxide (CO2) emissions from the plant, a decision that will have far-reaching implications nationwide; this is the first time since the April 2, 2007, Supreme Court decision requiring the Environmental Protection Agency to regulate CO2 that a court has applied that standard to CO2 from an industrial source rather than from motor vehicles.

The $2 billion, 1200 megawatt plant – the first proposed in Georgia in over 20 years – was to be built by Dynegy Inc., the Houston-based energy company with several other proposed coal-fired power plants across the country. Dynegy and other fossil fuel polluters have been scrambling to get new plants started in anticipation of future limits on greenhouse gases, before investors and ratepayers recognize the risk.

Last October, the Kansas Department of Health denied air quality permits to a proposed coal plant expansion because of the danger greenhouse gas emissions pose to the climate. Gov. Kathleen Sebelius (D-KS) vetoed repeated attempts by the legislature to override the decision.

In contrast, officials recently appointed by Gov. Timothy Kaine (D-VA) to the Virginia Air Pollution Control Board unanimously granted air quality permits to Dominion Resources for a $1.8 billion coal-fired plant last week.

The court decision unequivocally rules that carbon dioxide must be regulated:

Faced with the ruling in Massachusetts that CO₂ is an “air pollutant” under the Act, Respondents are forced to argue that CO₂ is still not a “pollutant subject to regulation under the Act.” Respondents’ position is untenable. Putting aside the argument that any substance that falls within the statutory definition of “air pollutant” may be “subject to” regulation under the Act, there is no question that CO₂ is “subject to regulation under the Act.”

The Guardian reports:

The No 2 utility owner in America yesterday won the right to build a $1.8bn power plant in the heart of the Appalachian mountains. The move almost certainly will increase Virginia’s use of the mining practice known as mountaintop removal, in which peaks are sheared off to reach the coal inside.

After an emotional two-day hearing that drew hundreds of witnesses, the Virginia state air pollution control board cleared Dominion Power to break ground on a 585-megawatt plant deep in the heart of coal country.

The vote was unanimous, with even board members who favor a carbon tax calling for more coal to burn.

Today:

Dominion Virginia Power will raise its electricity rates starting Tuesday by 18 percent, the largest one-time rate increase in three decades, to pay for soaring fuel costs. The three-member Virginia State Corporation Commission, the state’s utility regulator, approved the increase in a ruling issued Friday.

It’s Getting Hot in Here has commentary:

Today was the final day of the Air Board Hearing concerning the Wise County coal plant. The room was full of hope after yesterday’s comment period, and the board acknowledged the powerful citizen outcry over the plant’s health and environmental impacts. But ultimately, they approved the plant. While they significantly strengthened the emissions regulations, they did nothing to address mountain top removal mining or CO2 emissions.

They went as far as they could, without doing more harm than good. Fearing litigation from Dominion, they made no strong statement about regulating CO2—without the regulatory framework from the EPA, the Board felt it wasn’t able to take a strong stand. “My hope is,” stated one Air Board member, “that strong, forceful legislation will come at a federal level and that Governor Kaine will take state-specific actions to address CO2.”

It was because of the “loud public clamor” that the Air Board decided to take up this permit and make it as strong as it is now. Dominion will have to make a considerable effort to meet these demands, including cleaning up their mercury emissions. Dominion walked in the door expecting that their permit would get rubber-stamped approved with a 72 lb mercury emissions regulation. The Air Board demanded that they reduce that to 4.45 lbs per year. That’s a 120% reduction, made possible only by the strong grassroots outcry about this plant.

It was clear to me and other members of our coalition that this was a courageous move by the Air Board. They are going to take hits from both sides of the debate, neither of which got what they wanted. As Kathy Selvage said, “They gave no consideration for the mountains that will be the fuel for this plant.” MTR wasn’t mentioned by the Air Board at all. Also, the “out clause,” which allows Dominion to get a new permit if they cannot achieve the mercury standards, was also left in.

“There you go. We didn’t do it.,” said one Air Board member in his final comments. They didn’t take a strong stand on MTR, on CO2, or on the plant. But they did create a strong regulatory hurdle for Dominion, and they made an attempt to protect our air based on the Clean Air Act. The vote was unanimous.

The U.S. District Court of Appeals has unanimously rejected a petition requesting it require the Environmental Protection Agency to issue its long-delayed finding as to whether greenhouse gas emissions endanger human health and welfare. The petition had been filed by officials of 18 states exactly a year after the Supreme Court issued its decision in Massachusetts v. EPA, which ordered the EPA to issue an endangerment finding.

Since that time, Congressional and journalistic investigations have discovered that Administrator Stephen Johnson, with assistant deputy administrator Jason K. Burnett, worked to obey the Supreme Court decision and completed its work for submission to the White House on December 5, 2007. But the White House refused to accept the work, literally keeping Burnett’s email unopened and ordering him to retract the message. He refused to do so, and has since resigned.

The White House overrode the EPA decision to make the endangerment finding, to grant California a waiver to issue its own greenhouse tailpipe emissions regulations, and to recommend federal standards. Instead, Johnson denied California’s waiver and is expected to issue an Advance Notice of Proposed Rulemaking sometime soon with draft emissions standards (he has missed his self-imposed deadline of the end of spring).