« previous | MUCK HOME | next »
EPA Chief Flouts Supreme Court Ruling
It was a landmark ruling by any measure. On April 2, 2007, the Supreme Court ruled that the Environmental Protection Agency had the authority to regulate greenhouse gas emissions, and that it had to act. The justices made the choice clear: the agency had to determine whether greenhouse gases contribute to climate change or not. Environmental groups exulted that, after several years of stalling, the administration would finally be forced to do something.
Except that they didn't. Nearly a year after that ruling, which required the EPA to make a decision, the agency still hasn't. And with Administrator Stephen Johnson at the helm, there's no sign that it's going to happen anytime soon.
This is made all the more remarkable by the fact that Johnson, in blocking California's attempt to regulate greenhouse gases, has made it clear that the EPA considers them pollutants. As Georgetown Law professor Lisa Heinzerling, who wrote the lead brief in the Supreme Court case, Massachusetts v. EPA argues, "Johnson concluded that California's problems aren't "compelling and extraordinary" because they're no worse than the very bad problems the rest of the country faces as a result of climate change." That reasoning, she says, made explicit the EPA's view "that greenhouse gases endanger public health and welfare." That leaves Johnson with no choice, she writes.
But Johnson is a stubborn opponent. Yesterday, Sen. Dianne Feinstein (D-CA) asked Johnson a simple question during a Senate appropriations subcommittee hearing: How many staff at the EPA does he have working on this? Johnson, a Zen master of digression, mind numbing minutiae ("gobbledygook"), and generally thwarting questioners, never gives a simple answer. Here's the video:
After a digression covering Judge Antonin Scalia's minority opinion and all the other things that the EPA is considering ("I can go on and on"), Feinstein had had it.
"Let me ask you this... all right let me ask you this question. How many personnel right now are working on the endangerment finding?"
"I don't know specifically at this time how many people are or are not working on specific pieces of our work...."
"Well, we've been told no one is working on it currently," she responded.
"I would have to check."
When Feinstein pressed, Johnson admitted that "I don't know the answer to that," but offered he himself is working on it, determining "what are the next steps."
Finally, Feinstein concluded, "Then I've got to believe you're stonewalling."
"Madam Chairman, I am not stonewalling," was his rather unconvincing response.
Environmental groups aren't taking him at his word. In a letter to Johnson on January, 23rd signed by a number of groups, including Sierra Club and Greenpeace, they demanded that he indicate by late February when he would be complying with the Supreme Court ruling. If he can't do that, they wrote, then they'll be forced to go back to court.
Obviously, that hasn't happened. Johnson doesn't have "a specific timeline," the EPA responded. So the groups will most likely return to court "literally any day now," Sean Siperstein of the Community Rights Counsel told me.
When asked if the Massachusetts attorney general would be returning to court as well, a spokeswoman for Attorney General Martha Coakley's office responded "We are aware of the Administrator’s statements and are reviewing are options.“
There's actually evidence that Johnson has gone backwards since last year. Written answers to questions from Sen. Feinstein indicated that "three to four staff members" had worked on the issue last year. Now, apparently, no one (well, besides Johnson) is. The only excuse Johnson has mustered is that the energy bill the president signed into law last year has thrown his analysis into confusion. The environmental groups dismiss that argument out of hand, saying the bill changed unrelated language in the Clean Air Act.
Instead, they say, Johnson is stalling to protect the administration and the auto industry. "The longer they can stave off regulation, the better it is for them," Josh Dorner of the Sierra Club told me.
"I think it’s stunning," he said. "After seven years after being constantly outraged by any number of things, to just ignore the Supreme Court, that's just on a whole other level to me."













This guy gives douche bags a bad name.
March 5, 2008 5:11 PM | Reply | Permalink
This guy is going to go on to make a bloody fortune as a lobbyist.
March 5, 2008 5:21 PM | Reply | Permalink
Can this slug be recalled OR fired???
Someone just needs to call him a liar to his face, in a public place and tell him he's done..then make it happen!
March 5, 2008 5:28 PM | Reply | Permalink
And who would fire him? Bush? More likely he'll receive a medal!
March 5, 2008 9:21 PM | Reply | Permalink
Why should he fear Frankenstein? She's one of them. Let's drown out Feinstein in 2012.
March 5, 2008 6:27 PM | Reply | Permalink
What they need to do is to threaten to jail them and make them pay personally. Personally making them suffer for their administration might change their tune.
March 5, 2008 6:29 PM | Reply | Permalink
It must be infuriating to be a Congressperson; Especially as all your power evaporates under the guise of the unitary executive...
March 5, 2008 6:44 PM | Reply | Permalink
There's a scene in the movie Alien when the android character admits that he respects and admires the alien for it's purity as an amoral killing machine.
I'm developing a similar respect for Mr. Johnson here. A totally unapologetic political bagman. He doesn't exist for himself. Integrity and self-respect hold abolutelty no value for him. He exists to be the worst, most blatant Bush butt-plugger in the Administration.
He must put on his tie and that grin every morning and kiss his wife and say, "Well I'm off to eat more heaping bowls of GW's sh*t! Mmmm mmm. What more could one ask out of life?"
March 5, 2008 7:15 PM | Reply | Permalink
I'm sure there is a clinical term for his condition.
He fits in with this administration of misfits and quacks.
March 5, 2008 8:27 PM | Reply | Permalink
Don't put any limits on the children, and they will run amuck. 7 years of GOP and Democratic congresses have allowed (convinced really) this administration that there will never, ever be consequences to ignoring the limit imposed by the Constitution, the law, or the courts.
The Supreme Court never actually held them accountable. Congress never held them accountable. The whole time they were deliberately undermining all the mechanisms by which one might later actually stop them, Congress and the Courts backed off.
Now they've woken back up, somewhat, and almost all the mechanisms they would normally use have been so weakened as to be useless. They're at the point where it's either vote them out or impeach them, and they don't seem to have the political will to force the impeachment proceedings.
The Democrats would be so much better off if they had actually forced the GOP to go nuclear on the filibuster. If they had, we could undo almost everything, or at least force Bush to actually veto everything. Instead we have a GOP that stops everything with the threat of throwing a tantrum, and Reid lets them do it, time after time.
March 5, 2008 9:02 PM | Reply | Permalink
why are there never any penalties for those who lie, defy the Constitution and break the law doing so? I find it exceedingly strange.
March 5, 2008 9:48 PM | Reply | Permalink
January 21, 2009, Bush, Johnson, and the rest of the criminal enterprise referred to as "the administration" will be leaving en masse for Saudi Arabia, where they will reap the fruits of their eight-year gang rape of the American people, the Constitution, and the rest of the world (excluding corporations and other unjustifiably rich people). There they will live in the obscene luxury to which they believe they are and have always been entitled, safe from any extradition to US or International courts or tribunals.
And we will be left behind, battered and scarred, yet with hope and relief like that felt by the long-abused wife or child whose abuser is dead or incarcerated for life. We will not have the satisfaction that should come with seeing these malefactors punished, but at least we will be rid of them.
It will be our job to cut off their ties to this country and reclaim it as our own, limping toward the slow recovery we require and the progress that has been blocked during these years.
Godzilla forbid that anything should happen to them while traveling or after their arrival in their refuge. That would just be awful.
March 6, 2008 1:32 AM | Reply | Permalink
And what you just saw is exactly what you are going to get from dear sweet Diane. She may ask again a few times, beg and plead a little, but damned if she or anybody in Congress is actually going to work up a sweat and do anything:
Clear Hatch Act violations at GSA
Clear violation of e-mail handling rules by the White House
Clear EPA flaunting of the Supreme Court
Presidential Signing Orders
Rendition
Torture
Loss of Constitutional rights and powers
Refusal of administration officials to even appear or supply requested documents
Clear evidence that at times agencies have lied about the existence of documents, followed by no action.
You name it. Congress has done nothing about it and it is not about to leap into action now, especially when Diane is involved. She has gone from what I thought was a reasonable progressive to an inept and inactive member of the establishment and is not going to see my vote ever again.
March 6, 2008 1:49 AM | Reply | Permalink
dweb823,
the liberal wing of the party needs to mount primary campaigns to get rid of the Feinsteins, the Ben Nelsons, the Mark Pryors and the rest of the Republican lites we have in the Congress.
Try to pick them off a couple at a time. We just got rid of 8 term Congressman Al Wynn in MD.
March 6, 2008 4:44 AM | Reply | Permalink
The interesting thing about people like Johnson is they can do whatever the f**k they want with impunity as a precedent has been set by the Bush gang; Congress and the Courts are wimps with no power to punish. Lie, stonewall, dissemble, and suffer no consequences.
Well, maybe Pat Leahy will take the floor of thhe Senate and bloviate about how irresponsible the Bush gang is. (that'll show 'em, Pat)
March 6, 2008 4:36 AM | Reply | Permalink
A bunch of hacks though the majority of the Supremes may be, we'll see if they're really ready to have their authority spat on in this fashion.
I believe the correct tagline is "Mr. Roberts has made his decision, now let him enforce it."
March 6, 2008 10:41 AM | Reply | Permalink
If I've said it once, I've said it , well-- This is what I say:
One fine day, in a mental cartoon not far from reality, one of these Fuckers will show-up at the diner, the bowling alley, the laundrymat, whatever, and we'll be there-- that's right-- with a purse, a grocery bag full of canned goods, a pool cue, a 20 ounce mug of beer... and while others pretend not to notice, we will commence to swinging, over... and over... and over... and over, until somebody else can relieve us and take over with whatever it is that they have in their hand.
...it's just a thought.
I smell fresh coffee... toodles for now!
March 6, 2008 10:58 AM | Reply | Permalink