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Waxman: Evidence Shows EPA Stonewalling on Greenhouse Gas Rule

It's hard keeping up with EPA Administrator Stephen Johnson's many efforts at squelching staff recommendations and issuing industry-friendly decisions, I know. But House sleuth Henry Waxman (D-CA) is doing his best. And interviews with EPA staff are revealing the extent of Johnson's foot-dragging and stonewalling.

Last week, we noted that Johnson seemed to be ignoring a decision by the Supreme Court. The Court said the EPA could no longer avoid deciding whether greenhouse gases were pollutants covered by the Clean Air Act. But almost one year later, Johnson still hasn't released an official determination.

But as Waxman has found out -- and as he detailed in a letter to Johnson yesterday -- the EPA has already done all the necessary work. EPA employees told his staff in interviews that a team of 60 to 70 hashed it out last year and actually sent it to the White House in December (the EPA, of course, found that greenhouse gases did endanger public welfare). They also produced new regulations to reduce CO2 emissions from cars and trucks and sent that off to the Department of Transportation. But since then, nothing has been heard. It's just sitting on the shelf.

And as Sen. Dianne Feinstein (D-CA) discovered when she asked Johnson how many staff are currently working on the greenhouse gas decision, there are none (unless you count Johnson himself).

He says that the energy bill which the president signed into law in December has changed the analysis. So he's trying to figure out the "next steps." Of course, that's a legal argument which no one seems to buy -- and as Waxman pointed out, it's also an argument that the energy bill itself anticipated and rejected, as well as the Supreme Court's opinion. So it's just Johnson's wonky way of stonewalling. The administration does not want stricter greenhouse gas rules and that's that.

As I reported last week, environmental groups will soon return to court to force Johnson to issue his decision.


Comments (15)

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If you believe that life's reward is an eternal place in heaven, why would you care about this planet? Bushco treats environmental science with even more disdain than normal science, which is shocking but true.

The fact is that until we get that man out of office the EPA will be nothing more than a polluter's lap dog on this issue.

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"As I reported last week, environmental groups will soon return to court to force Johnson to issue his decision"

Wait....what? How will a lower court's decision carry more weight than the Supreme Court? How is this guy not in contempt of court for ignoring its (the SC's) ruling?

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Getting a public official to be ruled in contempt is extremely difficult. Merely because there is a court ruling that the official ignores is not enough. The official can claim discretionary power to implement the decision as she/he sees fit, or argue budgetary restrictions, or, as Johnson seems to be doing, argue for a different understanding of the decision.
You have to take the official to court directly, seeking either mandate or injunction (formal orders to act) in specific ways to carry out the decision. Then, the official has to come back to court and explain how she/he carried out that order or, if not, why not. Or, the plaintiff can drag the official back to court on a contempt citation.
Of course, at each step, the recalcitrant official can appeal, delay, obfuscate, etc. And that is exactly what Bush's folks will do until they are kicked out of office.
So. . . .let's go to work on that, eh?

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The EPA has become another partisan political arm of the "turd blossom's" grand plan as carried out by puppet number one, Bush. You'd think that someone a little more visible than Waxman (although he is a true Democratic hero and patriot, in his lonely stance along with Wexler of trying to hold the Bushies accountable) like maybe one of the candidates for the Democratic Presidential nomination or the ex-VP would be going after Johnson and the joke the EPA has become in protecting the environment. But no, instead we've got Ferraro, and Spitzer representing the Democrats in the news.

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This was the last left website on my bookmarks and it is now deleted because your anti Hillary bias is to much for this Edwards supporter. Your headlines read like a true OPM headline should, my hope is you all are happy at running off half your audience, half your activists, half your supporters. At least now there will be no dissent here in Obama land. Enjoy.


PS: I think the Headline should be : Instead of "What Ferraro Might Say" it should be " What a journalist might say". Of course you will not see one here, a true journalist that is .This place has turned into another Huffington " anti Hillary " Post. Obama drival all the time, nothing to outlandish to support Obama.

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Odd that you decry a lack of news and Obama bias in a thread discussing, uhm, news and not Obama.
Buh-bye.

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This was the last left website on my bookmarks and it is now deleted because your anti Hillary bias is to much for this Edwards supporter. Your headlines read like a true OPM headline should, my hope is you all are happy at running off half your audience, half your activists, half your supporters. At least now there will be no dissent here in Obama land. Enjoy.


PS: I think the Headline should be : Instead of "What Ferraro Might Say" it should be " What a journalist might say". Of course you will not see one here, a true journalist that is .This place has turned into another Huffington " anti Hillary " Post. Obama drival all the time, nothing to outlandish to support Obama.

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Maybe I'm missing something...
1. Court says EPA must issue guidelines.
2. Johnson ignores Court's directive.
3. Environmental groups sue to enforce Courts directive.
4. In which case Johnson either a) Ignores THAT Court order or b) Overrules his scientific staff and promulgates a ruling entirely favorable to industry.

Can't somebody IMPEACH that assh*le, NOW!?

Can we count on your vote for the democratic ticket in November?

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my understanding:

since the supreme court only narrowly granted standing to massachusetts in the the original decision, i don't think the environmental groups can do much of anything without massachusetts.

the 5-4 decision in mass v epa didn't require epa to issue regulations. more to the issue at hand, it didn't establish any timetable for epa to issue regulations (or provide reasonable explanation for declining to to do so if it chose not to issue regulations).

while mass v epa found that epa's stated reasons for declining to issue regulations was arbitrary and capricious, whether or not epa's foot-dragging since the decision similarly violates the law would be a new question.

if this were to go back to the courts, the DC court of appeals could find that epa's foot-dragging was arbitrary, capricious, or otherwise in violation of the law (notably, the clean air act's provisions for rulemaking) then the court could order as a remedy some sort of timeline for action.

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He can be impeached by Congress.
The Supreme Court doesn't have to be involved.

If Bush won't get rid of the unlawfully acting idealogues in his administration, Congress can and should.

ITMFA

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also: this isn't about 'stricter greenhouse gas rules'...

this is about regulations for greenhouse gas emissions for new motor vehicles. no such regulations currently exist.

I liken Waxman's work to the legendary attempts to pin something on Al Capone.

Though Ness and the T-men knew that Capone's crimes were myriad, the only solid proof they could get was on tax evasion. That got Capone to prison.

So Waxman is the Charles Martin Smith, Treasury accountant (in the movie), plugging away at finding those little technicalities that can ultimately trip up Capone, I mean Johnson et alii.

Waxman deserves a fan club.

Eh, Facilitatrix! Glad you finally said "the movie," as the whole Ness story is a self-agrandizing fabrication and you can look that up. Totally agree on the fan club issue:

Mare Nostrum [heart] Waxman!

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