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It's official: no Bush Administration official, current or former, can hold a candle to EPA chief Stephen Johnson when it comes to chutzpah.

Alberto Gonzales, to be sure, would normally be stiff competition. But for all his lies, half-truths, and careful distortions, Alberto Gonzales somehow lacked something in the way of chutzpah. Maybe it was the way he sometimes stuttered out his answers, his un-recollections, and apologies. Johnson, by stark contrast, does the job with bureaucratic sangfroid.

Last April, the Supreme Court found in a landmark ruling that the EPA could no longer avoid regulating greenhouse gases. It had to make a decision. Even then, it was apparent to all observers what the EPA's finding must be. The EPA's scientists, wonks and lawyers went to work on it. And they found, not surprisingly, that greenhouse gases endanger public health and welfare, which means they must be regulated under the Clean Air Act. Johnson himself reviewed that work, disputed part of it, but agreed with the overall thrust of the finding. The EPA then, having dotted the i's and crossed the t's, sent the finding to the White House in December. And there things stopped.

So the finding is finished. It is sitting on the shelf at the White House. Also sitting on a shelf is the EPA's 300-page draft of a rule to regulate greenhouse gas emissions from cars and trucks. But such regulation can go nowhere until the endangerment finding is made official.

We reported earlier this month that Johnson was transparently stonewalling. His stated rationale then was that the energy bill which the president signed into law last December had complicated things, a transparently bogus argument, since the only law at issue is the Clean Air Act.

But as Rep. Henry Waxman (D-CA) noted in a statement last night, the Heritage Foundation has been floating an alternative strategy for stonewalling: the EPA should call for public comment on the rule. Such a move would delay any endangerment finding for months. And, The Los Angeles Times reports, "during an economic downturn, seeking comprehensive public comment and a 'go-slow' approach would be far better," the think tankers reasoned (presumably they're all for environmental regulation during boom times). At the very least, the move would push the issue into the next administration, which is really all pro-business conservatives can hope for.

And yesterday, that's exactly what Johnson did. As he proudly proclaimed in his letter (pdf) announcing the move:

"This approach gives the appropriate care and attention this complex issue demands. Rather than rushing to judgment on a single issue, this approach allows us to examine all the potential effects of a decision with the benefit of the public's insight. In short, this process will best serve the American public."

His spokesman was similarly proud:

"No matter what is shouted or screamed from the rooftops, this is truly a historic moment. No administration has taken this step to evaluate this new pollutant."

And that's what I call chutzpah.

Keep in mind that Johnson has also -- against the unanimous recommendation of his staff -- blocked California's attempt to pass stiff greenhouse gas limits. After all, what good would it be for him to stonewall instituting limits at the EPA if California and 16 other states went ahead with their proposed limits? No good at all.


Comments (12)

This man is simply a criminal. I want some sort of Nuremberg trial for "environmental" crimes perpetrate under the aegis of government and stewardship.

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These kind of things always remind me of the great British series, Yes, Minister.

A classic quote from the series:

"How to discredit an unwelcome report:

Stage One: Refuse to publish in the public interest saying
1. There are security considerations.
2. The findings could be misinterpreted.
3. You are waiting for the results of a wider and more detailed report which is still in preparation. (If there isn't one, commission it; this gives you even more time).

Stage Two: Discredit the evidence you are not publishing, saying
1. It leaves important questions unanswered.
2. Much of the evidence is inconclusive.
3. The figures are open to other interpretations.
4. Certain findings are contradictory.
5. Some of the main conclusions have been questioned. (If they haven't, question them yourself; then they have).

Stage Three: Undermine the recommendations. Suggested phrases:
1. 'Not really a basis for long term decisions'.
2. 'Not sufficient information on which to base a valid assessment'.
3. 'No reason for any fundamental rethink of existing policy'.
4. 'Broadly speaking, it endorses current practice'.

Stage Four: Discredit the person who produced the report. Explain (off the record) that
1. He is harbouring a grudge against the Department.
2. He is a publicity seeker.
3. He is trying to get a Knighthood/Chair/Vice Chancellorship.
4. He used to be a consultant to a multinational.
5. He wants to be a consultant to a multinational."

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It's amazing to me how many conservative judges don't seem to mind the executive treating them with open contempt.

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His malfeasance is clearly evident. His disrespect for the law and for Congress are equally evident.

Congress should impeach him.

Get him out of there. Make the hurting Stop Now.


ITMFA

Was there a timeline or drop dead date for implementation under the Supreme Court decision. This type of blatant stonewalling should anger all including the sitting members of the Court.

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Great article! thanks for the infuriating info.

One gripe though,

Can we all stop using the misleading phrase "pro-business conservative" to describe the anti-regulation, pro-pollution crowd?

A more accurate term would be "pro robber barren conservatives" or "Laissez-faire capitalists" or "Darwinian capitalists" or "corporate welfare advocates" or my favorite, "Dickensian capitalists."

"Pro-business" is THIER language and automatically makes Democrats and sensible regulation "anti-business." Our policies aren't anti-business, so why do we actively help Republicans frame them that way?

For the overwhelming majority of folks that are just barely paying attention, framing is everything.

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I have wondered before why you keep insisting on using flawlessly flattering photos for this nefarious nogoodnik. You don't have to choose the WORST photos, nor do you have to photoshop them to make them look especially evil (I think I know the person who used to work at a national newsweekly who gave Condoleezza Rice's eyes triangular devil-pupils that one time).

BUT DO YOU REALLY NEED TO RUN OFFICIAL PHOTOS THAT MAKE STEPHEN JOHNSON LOOK LIKE MR. HEROIC McCOUNTRYCLUB? HE DOESN'T LOOK LIKE THAT!!!!! YOU HAVE TWO SUCH PHOTOS IN YOUR TPMMUCKRAKER PAGE!!!! THE GUY IS FAT!!!! THE GUY IS SCHMUCKY!!!!! HE LOOKS NOTHING LIKE THESE PHOTOS!!!!!

I love the contrast between the photos of these guys and their deeds. The publicity photos for Rick Renzi, Jose Rodriguez, and Johnson—currently on view for all TPMm readers—are wonderful idealizations of these guys. This is who they think they are—good, patriotic Americans.

Of course, that's if being patriotic means subverting the public good for gain, covering your ass, or the payoff you'll get when you finish your service to this president.

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probably not a lot of creative commons licensed photos of mucky bureaucrats to pick from...

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Bureaucrat from Hell!

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I am just in awe at the brazen nature of these criminals in the Bush administration. They keep exceeding expectations for venality.

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Was there a timeline or drop dead date for implementation under the Supreme Court decision?

no.

at this point, the question would seem to have less to do with the supreme court decision than whether or not the EPA's foot-dragging violates the statutory language in the Clean Air Act's rulemaking provisions.

massachusetts would have to bring suit against EPA in washington DC circuit court alleging that EPA's behavior since the supreme court decision is 'arbitrary, capricious, or otherwise unlawful under the statute'. not exactly a slam dunk. the statutory language seems to me to be written broadly enough to allow bushco to stall long enough to pass this one off to the next administration without the courts stepping in to tell them otherwise. but it all depends on the panel you draw.

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