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Today's Must Read
EPA Administrator Stephen Johnson, perhaps the Administration's most accomplished stonewaller, goes before the House government oversight committee today to testify -- again -- about his refusal to grant a waiver for California to regulate vehicle greenhouse gas emissions despite unanimous staff support for such a waiver.
So far, Johnson has been a most reluctant witness, going so far as to schedule overseas trips to avoid attending congressional hearings. But Rep. Henry Waxman's committee staff has continued digging, reviewing thousands of documents and interviewing witnesses outside the public eye. Yesterday, in advance of Johnson's appearance, Waxman released a 20-page memo and supporting documents on what his committee has found so far.
The headliner of the memo is that a top EPA official conceded in sworn testimony that he believed that Johnson changed his mind about supporting the waiver after he talked to the White House:
In one deposition, EPA Associate Deputy Administrator Jason Burnett told congressional investigators that Johnson in August and September was "very interested in a full grant of the waiver," then said he thought a partial grant of the waiver "was the best course of action."California has the right to enact tougher air pollution laws under the Clean Air Act but must secure a waiver from the EPA.
Johnson denied California's request in December. When asked whether the administrator communicated with the White House in between his preference to do a partial grant and the ultimate decision, Burnett said, "I believe the answer is yes."
With a flourish, the EPA dismissed the news that Johnson has initially supported the waiver. "I equate this to deciding whether to wear a red tie or a blue tie in the morning," an EPA spokesperson told Reuters. "It doesn't make much difference until I put the tie on. To go through and suggest that maybe (Johnson) had a different opinion during the process -- none of that matters."
As the Post's Juliet Eilperin notes, the details of the White House involvement remain murky:
It remains unclear how exactly senior Bush officials intervened in the decision. Burnett said he was instructed not to answer questions about the White House's involvement, and the White House maintains that Johnson was not influenced by his talks with White House officials."As Administrator Johnson said in his statement, he made an independent decision and his decision was based on the facts and the law," said Kristen Hellmer, spokeswoman for the White House Council on Environmental Quality.
Given Johnson's previous refusals to divulge what he and the White House discussed, don't expect Waxman to make much progress with Johnson in today's hearing. The real fireworks may be between committee Democrats and Republicans. Ranking Member Tom Davis (R-VA) called yesterday's majority memo "a knee-jerk conclusion of nefarious intent by the White House derived from a manifestly incomplete investigation."
Comments (14)
CA can always sue the EPA for withholding the waiver; depending on the authorizing statute, if the EPA's reasons for withholding the waiver fall outside its expertise (i.e., that it determined that granting the waiver would do more harm than good)or are lacking, a court would likely force the EPA to grant the waiver.
I would advocate that Congress amen the EPA's organic statute such that EPA may not override stricter state standards for any type of regulation.
May 20, 2008 11:35 AM | Reply | Permalink
Tom Davis (aka Mr. Parboiled)- what a lovely thought that we won't have to watch him dispense his special brand of smarmy faux "comity" sitting next to Waxman anymore in OGR hearings when this term expires. Packing it in, Tommy? Joining the mass exodus off the good ship Repub Disaster?
I'm sure Davis will be a pain in the ass in today's hearing, along with Shays, Mica, Cannon, Issa, McHenry..... Waxman must have the patience of Job to be able to stand these jerks' tactics in OGR.
How about a little less patience today, Henry, & a lot more gavel.
May 20, 2008 11:40 AM | Reply | Permalink
Friend of mine just emailed me a "Crystal Ball of the Day" award.
Damn! Should have also wished for Waxman to have Darrell "Joyride" Issa thrown out on his wallet, in addition to the gavelling down.
May 20, 2008 11:33 PM | Reply | Permalink
Can we take up a collection for retirement homes in, say, Redlands, for all the government people who think it's okay to toss air quality regs because the oil companies and Detroit might not like them? They can breathe brown air just like the rest of us.
I'm so glad I live in Waxman's district, even if it's the part that gets ignored.
May 20, 2008 11:53 AM | Reply | Permalink
Redlands is too good for them. Make 'em live in Fontana.
May 20, 2008 4:11 PM | Reply | Permalink
The Tom Davis and his crew may provide some fun fireworks, but I have a suspicion that Mr. Johnson will find himself in very genuine trouble. If Rep. Waxman withholds from grandstanding and grills Johnson like a prosecutor, Johnson will either scurry for Executive Privledge, encur threats of contempt for failure to answer, or resort to pleading the 5th Amendment and refuses to answer on the grounds that he may incriminate himself.
I would guess that Johnson will puff up with the extreme of his arrogance and refuse to talk to such lower beings as mere Members of Congress. He will invoke His Leader, The Unitary Executive, and state that he can't answer anything because it would put a damper on his advising His Leader.
I hope the Sergeant At Arms is ready with the handcuffs to lead him off...
If he doesn't resign within a week, Waxman should instigate Impeachment Hearings against Johnson.
ITMFA
Any of these outcomes will
May 20, 2008 11:57 AM | Reply | Permalink
I really wish journalists would read the law at issue before asking questions, because the EPA spokesman's line about the "tie" thing is not just plain malarkey, it's also a potential violation of the law. Looking at the Clean Air Act, Section 209(b)(1) (42 U.S.C. 7543), which authorizes the California waiver. The statute itself says that the "Administrator" shall be the one to decide if CA gets the waiver. If Bush decided, not Johnson, then that violates the Clean Air Act . Not that those kinds of violations have stopped this administration before, but I hope Waxman knows the law better than the journalist who was talking to the EPA spokesman. It may not make much of a difference what tie Johnson puts on, but it sure as hell makes a difference whether Johnson wakes up and decides whether or not he's going to follow the law today.
May 20, 2008 11:59 AM | Reply | Permalink
No evidence of nefarious intent from the White House
says Davis.
None that couldn't (or wouldn't) be wiped, shredded, burnt, lost, erased, or rubbed out.
Silly Waxman.
May 20, 2008 12:09 PM | Reply | Permalink
This has that all too familiar stench about it that has become the customary odor emanating from the Bush WH. California arguably and factually has one of the worst air pollution control challenges of any state in the nation and for the federal government to prevent the state from enacting stronger regulations is beyond stupid. The decision of the EPA has the potential to worsen health risks for the citizens of California. Bush has demonstrated an apalling indifference to the lives of Americans all during his tenure in office. Bush cares only about himself and the money that can be gained or lost by republican supporters and doesn't care the slightest about the citizens of this country. No rational person can have any doubt of that. Americans having been harmed is a common theme for the Bush administration and this is no exception. The decisions of this administration have caused the death of far too many Americans to be excused. Bush deserves to be hung by the neck until dead. No less.
May 20, 2008 12:10 PM | Reply | Permalink
Again I am so grateful for Henry Waxman.
But I'm also grateful that this Administration is winding down and the perception of its power has altered. All of these EPA staffers who spoke out honestly and completely—counter to the Admin's obvious desires—are providing the facts that Congress has needed since the Democrats took the majority back.
Okay, all you civil servants, contact your representatives in Congress and spill what you've wanted to tell but have been too fearful to tell before now. I understand (but don't countenance) your fear to speak before now, but get out there and get even more hearings going, before all of these weasels have a chance to disappear.
May 20, 2008 12:52 PM | Reply | Permalink
"whether to wear a red tie or a blue tie in the morning"
One could put together a book consisting of only the Admin's own words that would serve as an indictment through history.
May 20, 2008 12:57 PM | Reply | Permalink
Aren't we all just gluttons for punishment for reading anything about this? Its not like anyone will ever be held accountable for breaking the law.
May 20, 2008 2:39 PM | Reply | Permalink
OH NO. Another "I won't tell you if I recall" moment.
WTF.
See Paul Hodes' (D-NH) line of questioning)...
Somebody has to make him claim Exec Priv.. arghh
May 20, 2008 3:26 PM | Reply | Permalink
Wax Man asked if he was claiming EP and he said not at this time... hmm
I want that clip of Wax Man slamming the gavel over Issa's protests up on youtube! Wow.
May 20, 2008 3:40 PM | Reply | Permalink