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Boxer Introduces Bill to Overrule EPA on Cali. Law
Rather than wait for litigation to reach its preordained conclusion, Senate environmental committee Chair Barbara Boxer (D-CA) has introduced a bill that would overrule EPA Administrator Stephen Johnson and instruct him to grant California's waiver.
Right out of the gate, it's got bipartisan support. Cosponsors include Senators Dianne Feinstein (D-CA), Joseph Lieberman (ID, CT), Hillary Clinton (D-NY), Frank Lautenberg (D-NJ), Benjamin Cardin (D-MD), Bernie Sanders (I-VT), Sheldon Whitehouse (D-RI), Edward Kennedy (D-MA), Patrick Leahy (D-VT), Christopher Dodd (D-CT), John Kerry (D-MA), Barbara A. Mikulski (D-MD), Olympia Snowe (R-ME), Susan Collins (R-ME), Bill Nelson (D-FL.) Barack Obama (D, IL), and Roberts Menendez (D-NJ). We'll keep you updated.





Comments (14)
Now that's what I like to see, some action. And if the republicans filabuster, make them actually do it. We need some action, not whining.
January 25, 2008 11:12 AM | Reply | Permalink
This is perfect. I don't know why it took Congress this long to realize that it doesn't have sit back and watch while regulatory battles continue ad infinitum in the Agencies and Courts.
January 25, 2008 11:33 AM | Reply | Permalink
Someone call St. McCain's office and find out his position on it. Seriously.
January 25, 2008 11:50 AM | Reply | Permalink
Sen Boxer is definitely one of our finest. I'll never forget how she was the lone senator to stand up with Rep Conyers and other congress folks (particularly the CBC) against the seating of the Ohio electorate after the blatant shenanigans in disenfranchising the Dem vote in Ohio in 2004.
January 25, 2008 11:54 AM | Reply | Permalink
Just bill it as a way to save a million bucks in wasted legal fees.
January 25, 2008 11:56 AM | Reply | Permalink
Barbara, meet Phil E. Bustah (R).
January 25, 2008 12:04 PM | Reply | Permalink
"Tripartisan" support, not "bipartisan." Almost literally, Lieberman is in his own party.
January 25, 2008 12:09 PM | Reply | Permalink
I support Boxer's legislation and not to be a Sadducee, knowing the letter and spirit of the law, and the need to 'respect the rule of law.'
The short-circuiting of releasing internal documents, that are in draft, at the EPA, while the agency is in litigation, is something that while technical is at core issue here.
Yes I believe that the EPA Stephen Johnson used this mechanism to circumvent the concensus at EPA, yes it was in effect an obstruction of the granting of the states perrogatives.
But I hope that the legislation ommits any and all references to those 'commandered documents' at EPA so that the concept of CBI (confidental business information) where corporations enter into voluntary disclosure with the agency is maintained.
While the EPA has a mandate to adjudicate existing legislated law, they also have a requirement to enter into agreemnents of non-disclosure, and that was in part violated when disclosure of documents was performed.
It was as dangerous of a precedent as not releasing court ordered documents.
So while I support Boxer's legislation, I hope it is crafted in such a manner as to not make usage of the EPA's documents that were either marked 'confidential' or in 'draft.'
I would hope that there is enough common sense in the congress to garner enough support to craft the legislation as to prevail and not set a precedent where CBI and priveledged information was not violated.
Yes I know the difference between the rule of the law, and the spirit of the law, but feel that violating the rule of law, shortcuts to acheiving the ends, is not the best manner in acheiving legislation.
There has to be a confidence that third parties can disclose in confidence to the EPA and that that disclosure is not subjected to political whim, though I recognize the obstructionist political posturing of Stephen Johnson in this case.
I will be impressed if the legislation recognizes this principle and prevails.
January 25, 2008 12:27 PM | Reply | Permalink
Interesting how many people came to premature conclusions about Boxer being just another do-nothing Democrat yesterday? (Lots.) Where are all those people today... where are the comments? Could it be Republican operative trolls are pretending to be anrgy liberals fed-up with those Dems who're "all talk, no action"? Y'think maybe they're trying to sow seeds of dissatisfaction and apathy? Gosh, why would they do that?
January 25, 2008 2:07 PM | Reply | Permalink
It about Time!
January 25, 2008 5:46 PM | Reply | Permalink
Bi-partisan support??? It's a bunch of Democrats and two RINOs from Maine....
January 25, 2008 6:24 PM | Reply | Permalink
Allsburg
Two very vulnerable RINOs from Very blue Maine.
January 25, 2008 8:01 PM | Reply | Permalink
I'm not sure I understand why this bill is necessary. California legally decided to stiffen environmental laws only for themselves, and passed legislation. Bush "says" Calif. can't do that.
But how does Prezidunce Lyington A. Wol enforce his "No!"?
What can he do if Calif. just goes ahead and enforces its new laws?
Kinda like what Lincoln would have faced if the south had not fired on Fort Sumter.
January 27, 2008 1:06 PM | Reply | Permalink
Notice the two Maine Senators trying to save their Republican rear ends ?
Sorry, Snowe and Collins - you may be fine people but you have to get thrown out with the rest of the Republican trash.
Hit the bricks, ladies.
It is way, way, WAY too late for any Republican in the Congress to put on a show of being moderate.
January 28, 2008 10:36 PM | Reply | Permalink