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US Environmental Record

Specific Issues and Cases

Project: US Environmental Issues
Open-Content project managed by Derek, mtuck

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The Justice Department, on behalf of the Environmental Protection Agency, files lawsuits against 32 power plants in 10 mid-west and southeast states for failing to install state-of-the-art pollution controls—as required by the New Source Review (NSR) section of the Clean Air Act—when companies made major modifications to their coal-fired plants. The suits say that the companies’ violations of NSR has resulted in illegal emissions of tens of millions of tons of sulfur dioxide, nitrogen oxides, and particulate matter into the air. [US Department of Justice, 11/3/1999] Some of these companies have been releasing these illegal emissions for 20 years or more. [New York Times Magazine, 4/4/2004] Six months after coming to office, the Bush administration will put all of these investigations on hold, causing some companies to abandon settlements or pull out of their negotiations with the Justice Department (see June 22, 2001).

Entity Tags: US Department of Justice, Environmental Protection Agency

Category Tags: New Source Review

The energy and utility industries lobby Congress to attach a rider to a pending appropriations bill that would deny the Environmental Protection Agency and Justice Department funding to pursue litigation (see November 3, 1999) against a group of mid-western and southern utility companies for violations of the New Source Review (NSR) section of the Clean Air Act. In letters to Congress, the groups insist that failing to pass the rider “could have severe implications for [electric] supply reliability in the near future.… [U]nits covered by the enforcement action could potentially be shut down.” Environmental groups counter that passing the rider would make enforcement of NSR impossible. Congress does not pass the rider. [Washington Post, 11/15/1999]

Category Tags: New Source Review, Coal Industry, Oil and gas industry

Governor of New Jersey Christine Todd Whitman announces that her state has joined the federal government’s lawsuits (see November 3, 1999) against several mid-west and southeast utility companies for allegedly releasing tens of millions of illegal emissions in violation of the New Source Review section of the Clean Air Act. Governor Whitman says: “We’ve done much here in New Jersey to ensure that our residents can breathe clean air. All of our efforts are fruitless, however, if New Jerseyans must breathe the dirty air coming into our state from mid-west coal-burning power plants. This legal action will require that these power plants clean up their emissions and stop polluting our air.” [New Jersey, 12/3/1999; Reuters, 12/6/1999]

Entity Tags: Christine Todd Whitman

Category Tags: New Source Review, Environmental enforcement

Presidential candidate George W. Bush unveils an environmental plan that would require power plants to reduce emissions of four main pollutants. If elected, Bush says he will propose legislation requiring “electric utilities to reduce emissions and significantly improve air quality.” Specifically, he promises to “work with Congress, the Environmental Protection Agency, the Department of Energy, consumer and environmental groups, and industry to develop legislation that will establish mandatory reduction targets for emissions of four main pollutants: sulfur dioxide, nitrogen oxide, mercury, and carbon dioxide.” [GeorgeWBush.Com, 9/29/2000] Bush will break that promise within two months of taking office (see March 1, 2001, March 8, 2001, and March 13, 2001).

Entity Tags: George W. Bush

Category Tags: Air pollution, New Source Review

Cinergy Corp., a Cincinnati-based electric utility, agrees to settle a Justice Department lawsuit (see November 3, 1999) over its alleged violation of the New Source Review section of the Clean Air Act. As part of the agreement, Cinergy will spend $1.4 billion to install state-of-the-art pollution controls at 10 coal-fired power plants in Ohio, Indiana, and Kentucky. It is estimated that the plant upgrades will reduce the company’s annual sulfur dioxide and nitrogen oxide emissions by 400,000 tons and 100,000 tons, respectively. The company also agrees to pay an $8.5 million fine and complete $21 million in environmental projects. [Cinergy Corp., 12/21/2000; Environmental Protection Agency, 12/21/2000; Associated Press, 12/21/2000]

Entity Tags: Cinergy Corp, US Department of Justice

Category Tags: New Source Review

Undersecretary of Agriculture Mark Rey’s office orders employees of the Forest Service’s Content Analysis Team (CAT) to downplay the public’s feelings towards the Roadless Rule in a report the team is preparing for policy decision-makers. The office also instructs them not to mention how many people have sent in comments on the issue. A memo is later distributed to the team’s employees setting the limits on what they are permitted to say in the report. It instructs them to “avoid any emphasis on conflict or opposition and also avoid any appearance of measuring the ‘ote’ highlighting areas of conflict [because it] serves no good purpose in dealing with the issues or interests, and may only exacerbate the problems.” The memo even provides explicit instructions on what words the CAT team can and cannot use. Among the list of banned terms are: many, most, oppose, support, impacts and clear cuts. Words that the memo suggests using instead include: some, state, comment, effects and even-aged management. [High Country News, 4/26/2004]

Entity Tags: US Forest Service, Content Analysis Team (CAT), Mark E. Rey, Bush administration (43)

Category Tags: Public land use, Timber industry, Politicization and deception, Roadless Rule, Outsourcing CAT

The Bush administration pressures the Forest Service’s Content Analysis Team (CAT) to stop accepting form letters. CAT’s job is to review comment letters from the public and produce summary reports on public opinion for policy decision-makers. [High Country News, 4/26/2004]

Entity Tags: Bush administration (43), Content Analysis Team (CAT)

Category Tags: Corruption, Outsourcing CAT

Coal and utility companies lobby the Bush administration’s energy task force, headed by Vice President Cheney, to include in its forthcoming energy plan a recommendation to lift the New Source Review section of the Clean Air Act. The energy companies want to be able to expand the capacity of their plants without triggering NSR requirements to upgrade pollution controls. [Wall Street Journal, 5/1/2001; Reuters, 5/2/2001]

Entity Tags: Bush administration (43)

Category Tags: Energy industry, New Source Review, Coal Industry

President Bush informs a small group of reporters that he is forming an “energy task force” to draw up a new national energy policy. It will be the first major policy initiative of his presidency. The administration is driven by its concern for “the people who work for a living… who struggle every day to get ahead.” The task force will find ways to meet the rising demand for energy and to avoid the shortfalls causing major power blackouts in California and other areas (see January 23, 2001). He has chosen Vice President Cheney to chair the task force. “Can’t think of a better man to run it than the vice president,” he says. He refuses to take questions, turning aside queries with jokes about the recent Super Bowl. The short press briefing will be virtually the only time the White House tells reporters anything about Cheney’s National Energy Policy Development Group. [Savage, 2007, pp. 85-86] Deputy press secretary Scott McClellan will later write that the task force “held a series of meetings with outside interests whose identities were withheld from the public. This created an early impression of an administration prone to secrecy and reinforced the image of the Bush White House as in thrall to corporate interests.” [McClellan, 2008, pp. 96]

Entity Tags: George W. Bush, Scott McClellan, Richard (“Dick”) Cheney, National Energy Policy Development Group

Category Tags: Energy industry, Oil and gas industry, Cheney Energy Task Force, Key Events

Exxon logo.Exxon logo. [Source: Goodlogo (.com)]One of the first officials to meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001) is James Rouse, the vice president of ExxonMobil and a large financial donor to the Bush-Cheney presidential campaign. Several days later, Kenneth Lay, the CEO of Enron, meets with the group. It will not be his last meeting (see April 17, 2001 and After). The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]

Entity Tags: National Energy Policy Development Group, Enron Corporation, James Rouse, ExxonMobil, Richard (“Dick”) Cheney, Kenneth Lay

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

Peabody Energy logo.Peabody Energy logo. [Source: BNet (.com)]Ira F. Engelhardt and Fred Palmer, the CEO and vice president of Peabody Energy, meet with Andrew Lundquist, the director of Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). Also at the meeting are Energy Secretary Spencer Abraham and Bush economic adviser Lawrence Lindsey. Peabody, the world’s largest coal company, is preparing a stock offering. The task force’s coal policy recommendations will directly impact the stock market’s response to Peabody’s IPO. The task force releases its recommendations (see May 16, 2001) less than a week before Peabody releases its stock offering on May 21. In part because the energy policy strongly emphasizes the use of coal, Peabody raises $420 million by going public—$60 million more than stock analysts predicted. Authors Lou Dubose and Jake Bernstein will write, “The task force was, in effect, flogging a stock offering.” [Dubose and Bernstein, 2006, pp. 17-18]

Entity Tags: Jake Bernstein, Fred Palmer, Andrew Lundquist, Ira F. Engelhardt, Lawrence Lindsey, Lou Dubose, Spencer Abraham, National Energy Policy Development Group, Peabody Energy, Richard (“Dick”) Cheney

Category Tags: Corruption, Corporate welfare, Energy industry, Coal Industry, Cheney Energy Task Force

Duke Energy logo.Duke Energy logo. [Source: University of Michigan]Several officials from the nation’s biggest electric utilities, including Duke Energy and Constellation Energy Group, meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]

Entity Tags: Constellation Energy Group, National Energy Policy Development Group, Richard (“Dick”) Cheney, Duke Energy

Category Tags: Politicization and deception, Energy industry, Cheney Energy Task Force

Joseph Kelliher, a top political appointee on Vice President Cheney’s energy task force (see January 29, 2001) e-mails natural gas executive Dana Contratto with the following question: “If you were King or Il Duce, what would you include in a national [energy] policy, especially with respect to natural gas issues?” The e-mail is never intended to become public knowledge. Kelliher will later become President Bush’s appointee to head the Federal Energy Regulatory Commission (FERC). [Savage, 2007, pp. 86]

Entity Tags: Dana Contratto, Joseph T. Kelliher, National Energy Policy Development Group

Category Tags: Politicization and deception, Oil and gas industry, Cheney Energy Task Force

Conoco logo.Conoco logo. [Source: Perkins Oil (.net)]The chairman of oil giant Conoco, Archie Dunham, meets with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). In November 2005, ConocoPhillips CEO James Mulva will claim that no one from Conoco ever met with the task force (see November 16, 2005). [Washington Post, 11/16/2005]

Entity Tags: Richard (“Dick”) Cheney, Archie Dunham, ConocoPhillips, National Energy Policy Development Group, James Mulva

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

British Petroleum logo.British Petroleum logo. [Source: British Petroleum]Officials from British Petroleum, including regional president Bob Malone, meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The BP representatives are part of a group of officials from some 20 different oil and drilling companies and organizations to meet with Cheney’s task force in March and April. The other organizations include the National Mining Association, the Interstate Natural Gas Association of America, and the American Petroleum Institute. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). In November 2005, BP America CEO Ross Pillari will testify in a Senate hearing that he does not know about any such meetings (see November 16, 2005). [Washington Post, 11/16/2005; Washington Post, 7/18/2007]

Entity Tags: Interstate Natural Gas Association of America, American Petroleum Institute, Bob Malone, British Petroleum, National Mining Association, Ross Pillari, Richard (“Dick”) Cheney, National Energy Policy Development Group

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Mining industry, Cheney Energy Task Force

Senators John Breaux (R-LA) and James Inhofe (R-OK) send a letter to Vice President Dick Cheney asking him, in his capacity as chairman of the National Energy Policy Development Group, to order the suspension of the Environmental Protection Agency’s enforcement of the New Source Review (NSR) section of the Clean Air Act. The senators say utility companies are confused about NSR rules and that the EPA should clarify how it interprets new source reviews. They also asks Cheney to suspend current litigation efforts against several utility companies that were initiated under the Clinton administration (see November 3, 1999). The senators claim that the suits are undermining energy production. [Inhofe, 3/23/2001; Reuters, 3/30/2001]

Entity Tags: John Breaux, Richard (“Dick”) Cheney, James M. Inhofe

Category Tags: New Source Review, Cheney Energy Task Force

Representatives of 13 environmentalist groups meet with officials from Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). Since late January, some 40 task force meetings have been held, all with oil and energy company executives and lobbyists (see Before January 20, 2001, After January 20, 2001, Mid-February, 2001, Mid-February, 2001, March 5, 2001, March 20, 2001, March 21, 2001, March 22, 2001, April 12, 2001. April 17, 2001, and April 17, 2001 and After). Today is the one day where environmental groups are allowed to have any input. Anna Aurilio of the US Public Interest Group will later say, “It was clear to us that they were just being nice to us.” (Notably, the only people ever identified as “lobbyists” by the task force to the press are the representatives from the environmental groups from today’s meeting.) Their input is neither wanted nor used; an initial draft of the task force’s report has already been prepared and President Bush has already been briefed on its contents. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released for six years (see July 18, 2007). Until this meeting, the only environmentalist group to meet with the Cheney task force has been the Council of Republicans for Environmental Advocacy, founded in 1998 by conservative tax activist Grover Norquist and Gale Norton, now the Bush administration’s Secretary of the Interior. That group is now run by Italia Federici, described by the Washington Post as “socially involved” with Norton’s deputy, J. Steven Griles. [Dubose and Bernstein, 2006, pp. 18; Washington Post, 7/18/2007]

Entity Tags: Richard (“Dick”) Cheney, J. Steven Griles, US Public Interest Group, National Energy Policy Development Group, Italia Federici, Anna Aurilio, Grover Norquist, Council of Republicans for Environmental Advocacy, George W. Bush, Gale A. Norton

Category Tags: Politicization and deception, Cheney Energy Task Force

USOGA logo.USOGA logo. [Source: US Oil and Gas Association]An official from the oil giant Conoco, along with two officials from the US Oil and Gas Association (USOGA), meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). In November 2005, ConocoPhillips CEO James Mulva will claim that no one from Conoco ever met with the task force (see November 16, 2005). [Washington Post, 11/16/2005]

Entity Tags: US Oil and Gas Association, National Energy Policy Development Group, James Mulva, Richard (“Dick”) Cheney, ConocoPhillips

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

Shell Oil logo.Shell Oil logo. [Source: Terra Daily (.com)]Royal Dutch/Shell Group chairman Sir Mark Moody Stuart, Shell Oil chairman Steven Miller, and two other officials from those firms meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). In November 2005, Shell Oil president John Hofmeister will claim that no one from Shell ever met with the task force (see November 16, 2005). [Washington Post, 11/16/2005]

Entity Tags: Royal Dutch/Shell, John Hofmeister, National Energy Policy Development Group, Mark Moody Stuart, Steve Miller, Richard (“Dick”) Cheney

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

Vice President Cheney meets with Enron CEO Kenneth Lay as part of Cheney’s secretive energy task force (the National Energy Policy Development Group—see May 16, 2001). Though Cheney may not know it, Enron is on the verge of collapse, with liabilities far outweighing assets and heavily doctored earnings statements. Enron’s only income generation comes from the unregulated energy markets in California and other Western states (see January 23, 2001). Enron traders are gouging the California markets at an unprecedented pace; as authors Lou Dubose and Jake Bernstein later write, Enron is “taking power plants off-line to create shortages, booking transmission lines for current that never move[s], and shuttling electricity back and forth across state lines to circumvent price controls,” among a plethora of other illegal market manipulations.
Ignoring California's Energy Crisis - Unable to make a profit between buying Enron’s energy at staggering prices and then selling it at regulated rates, one of California’s two largest utility companies has filed for bankruptcy and the other has accepted a government bailout. California is in a calamitous energy crisis. Governor Gray Davis is pleading for rate caps that would help both utility companies and consumers. But price caps are the last thing Lay wants. Once in Cheney’s office, Lay gives Cheney a three-page memo outlining Enron’s recommendations for the administration’s national energy policy Cheney’s group is developing. Prominently featured in the memo is the following recommendation: “The administration should reject any attempt to deregulate wholesale power markets by adopting price caps.” Almost every recommendation in the Lay memo will find its way into the energy task force’s final report. Cheney may not know that Enron is in such dire financial straits, but he does know that energy prices in California have gone from $30 to $300 per megawatthour, with periodic jumps to as high as $1,500. He also knows that Enron’s profits in California, along with other power producers, have gone up 400% to 600%.
Price Caps in Spite of Lay, Cheney - Lay does not get his way; the Federal Energy Regulatory Commission will override Cheney’s arguments and impose price caps on energy traders working in California. The state’s energy prices are brought under control, Enron’s trading schemes—luridly given such sobriquets as “Death Star,” “Fat Boy,” and “Get Shorty”—are brought to an end, and Enron collapses six months later (see December 2, 2001). Cheney will have a measure of revenge by forcing one of Lay’s adversaries on FERC, Curtis Hebert, out of his position (see August 14, 2001).
Avoiding Scrutiny and Oversight - This meeting and others are cleverly designed to avoid legal government oversight. According to the Federal Advisory Committees Act (FACA), the energy task force should be subject to public accountability because private parties—in this case, oil and gas industry executives and lobbyists—are helping shape government policy. Cheney’s legal counsel, David Addington, devises a simple scheme to avoid oversight. When a group of corporate lobbyists come together to create policy, a government official is present. Suddenly, FACA does not apply, and the task force need not provide any information whatsoever to the public. Dubose and Bernstein will later write: “It was bold as [artist] Rene Magritte’s near-photographic representation of a pipe over the inscription ceci n’est pas une pipe—‘this is not a pipe.’ Fifteen oil industry lobbyists meet in the Executive Office Building and one midlevel bureaucrat from the Department of Energy steps into the room—and voila, ceci n’est pas une foule de lobbyists. Because one government employee sat in with every group of lobbyists, a committee of outside advisers was not a committee of outside advisers.” Between Addington’s bureaucratic end-around and Cheney’s chairmanship of the working group giving the entire business the cloak of executive privilege, little information gets out of the group. “The whole thing was designed so that the presence of a government employee at a meeting could keep the Congress out,” a Congressional staff lawyer later says. It also keeps the press at bay. [Dubose and Bernstein, 2006, pp. 3-4, 10]

Entity Tags: National Energy Policy Development Group, US Department of Energy, Richard (“Dick”) Cheney, Kenneth Lay, Jake Bernstein, Enron Corporation, David S. Addington, Curtis Hebert, Federal Energy Regulatory Commission, Gray Davis, Lou Dubose, Federal Advisory Committees Act

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

House Democrats Henry Waxman (D-CA) and John Dingell (D-MI) write to Andrew Lundquist, the executive director of the Cheney energy task force (see January 29, 2001), asking for access to the task force’s records. Waxman and Dingell ask with whom the task force met and what had been said at those meetings. They base their request on the 1972 Federal Advisory Committee Act (FACA), an open-government law that states when nongovernment officials, such as energy company officials or lobbyists, help craft public policy, the government must ensure that a balance of viewpoints is represented and such meetings must be open to the press and the public. Two weeks later, Cheney’s chief counsel, David Addington, replies, denying Waxman and Dingell any information. Addington says that FACA does not apply to the task force, and attaches a memo from Lundquist asserting that while nongovernmental officials have been part of the task force’s deliberations, since they were not official members of the task force, their participation does not count. “These meetings… were simply forums to collect individuals views rather than to bring a collective judgment to bear,” Addington writes. Addington then advises the representatives that they need to show “due regard for the constitutional separation of powers,” claims that the White House can assert executive privilege over the task force’s records, and finishes with the assertion that Congress is not even entitled to the information Addington has provided—he has done so, he writes, “as a matter of comity between the executive and legislative branches.” [General Accounting Office, 8/25/2003 pdf file; Savage, 2007, pp. 87-88]

Entity Tags: Federal Advisory Committee Act, Andrew Lundquist, David S. Addington, John Dingell, National Energy Policy Development Group, Henry A. Waxman, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

The General Accounting Office (GAO), the nonpartisan investigative arm of Congress, sends David Addington, the chief counsel to Vice President Cheney, a letter declaring that it intends to review the composition and activities of Cheney’s energy task force (see January 29, 2001). Addington is the one who issued the flat refusal to allow members of Congress to see any of the minutes or documents generated by the task force (see April 19 - May 4, 2001); in response, the members of Congress who requested the information asked GAO chief and comptroller general David Walker for help in investigating the task force. Walker is quite bipartisan, having worked for the Reagan and Bush-Quayle administrations before being appointed to the chairmanship of the GAO by President Clinton. [Savage, 2007, pp. 88] Addington will reply to Walker, denying that the GAO has any authority to investigate the task force (see May 16 - 17, 2001). In 2007, author Charlie Savage will call the Cheney-Addington battle with the GAO an early instance of the Bush administration’s fight to claim ever-widening presidential powers at the expense of Congress (see January 21, 2001).

Entity Tags: David Walker, Bush administration (43), David S. Addington, General Accounting Office, Richard (“Dick”) Cheney, Charlie Savage, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

The General Accounting Office (GAO) tries five times to arrange a meeting with David Addington, the chief counsel for Vice President Cheney, regarding the GAO’s request for information about Cheney’s secret energy task force (see January 29, 2001). Addington rebuffs all attempts to meet with GAO officials, and instead sends a letter refusing to comply with the GAO’s request (see May 16 - 17, 2001). On May 17, Addington leaves a voicemail on a GAO telephone saying that he is not authorized to meet with officials to discuss the task force, but that his letter is complete and “self-explanatory.” [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

EPA administrator Christine Todd Whitman tells the Senate Environmental and Public Works Committee that she doesn’t know of any proposal to drop the government’s New Source Review (NSR)lawsuits against utility and energy companies. Her statement is in response to a question from Senator Hillary Clinton who noted that there were reports (see After January 22, 2001) of an internal White House debate over the suits. [US Congress, 5/15/2001, pp. 31-32 pdf file; Reuters, 5/15/2001] In 1999, the EPA had accused the companies of illegally releasing tens of millions of tons of sulfur dioxide and nitrogen oxide emissions in violation of the NSR section of the Clean Air Act (see November 3, 1999).

Entity Tags: Christine Todd Whitman, Hillary Clinton

Category Tags: New Source Review

National Energy Policy report.National Energy Policy report. [Source: Climate Change Technology Program]Vice President Cheney’s National Energy Policy Development Group releases its energy plan. The plan, titled Reliable, Affordable, and Environmentally Sound Energy for America’s Future, warns that the quantity of oil imported per day will need to rise more than fifty percent to 16.7 million barrels by 2020. “A significant disruption in world oil supplies could adversely affect our economy and our ability to promote key foreign and economic policy objectives, regardless of the level of US dependence on oil imports,” the report explains. To meet the US’s rising demand for oil, the plan calls for expanded oil and gas drilling on public land and the easing of regulatory barriers to building nuclear power plants. [US President, 5/16/2001, pp. 8.5 pdf file; Associated Press, 12/9/2002; Guardian, 1/23/2003]
Emphasis on Foreign Oil - The report places substantial emphasis on oil from the Persian Gulf region. Its chapter on “strengthening global alliances” states: “By any estimation, Middle East oil producers will remain central to world oil security. The Gulf will be a primary focus of US international energy policy.” [US President, 5/16/2001, pp. 8.5 pdf file] But it also suggests that the US cannot depend exclusively on traditional sources of supply to provide the growing amount of oil that it needs and will have to obtain substantial supplies from new sources, such as the Caspian states, Russia, Africa, and the Atlantic Basin. Additionally, it notes that the US cannot rely on market forces alone to gain access to these added supplies, but will also require a significant effort on the part of government officials to overcome foreign resistance to the outward reach of American energy companies. [Japan Today, 4/30/2002]
Revamping of Clean Air Act - The plan also calls for a clarification of the New Source Review section of the Clean Air Act, which requires energy companies to install state-of-the-art emission control technology whenever it makes major modifications to its plants. The administration’s energy plan gives the Environmental Protection Agency 90 days to review NSR and determine whether it is discouraging companies from constructing or expanding power plants and refineries. It also instructs the attorney general to review current NSR litigation efforts against utility companies to determine whether those efforts are contributing to the country’s energy problems. “The outcome could determine whether the government drops some cases, approaches others more leniently, or even renegotiates settlements already reached,” the New York Times reports. [US President, 5/16/2001, pp. 8.5 pdf file; New York Times, 5/18/2001]
Dodging the EPA - The representative of the Environmental Protection Agency (EPA) on the task force had blocked the recommendation of a technique called “hydraulic fracturing.” Sometimes called “fracking,” the technique, used to extract natural gas from the earth, often contaminates aquifers used for drinking water and irrigation. The recommendation was removed to placate the EPA official, then quietly reinserted into the final draft. Halliburton, Cheney’s former firm, is the US leader in the use of hydraulic fracturing. [Dubose and Bernstein, 2006, pp. 18]
Cheney Stayed Largely behind the Scenes - Much of the task force’s work was done by a six-member staff, led by executive director Andrew Lundquist, a former aide to senators Ted Stevens (R-AK) and Frank Murkowski (R-AK). Lundquist served as the Bush-Cheney campaign’s energy expert, earning the nickname “Light Bulb” from the president. Lundquist will leave the Bush administration and become a lobbyist for such firms as British Petroleum, Duke Energy, and the American Petroleum Institute. Much of the report is shaped by Lundquist and his colleagues, who in turn relied heavily on energy company executives and their lobbyists. For himself, Cheney did not meet openly with most of the participants, remaining largely behind the scenes. He did meet with Enron executive Kenneth Lay (see April 17, 2001 and After), with officials from Sandia National Laboratories to discuss their economic models of the energy industry, with energy industry consultants, and with selected Congressmen. Cheney also held meetings with oil executives such as British Petroleum’s John Browne that are not listed on the task force’s calendar. [Washington Post, 7/18/2007]
Controversial Meetings with Energy Executives - Both prior to and after the publication of this report, Cheney and other Task Force officials meet with executives from Enron and other energy companies, including one meeting a month and a half before Enron declares bankruptcy in December 2001 (see After January 20, 2001), Mid-February, 2001, March 21, 2001, March 22, 2001, April 12, 2001, and April 17, 2001). Two separate lawsuits are later filed to reveal details of how the government’s energy policy was formed and whether Enron or other players may have influenced it, but the courts will eventually allow the Bush administration to keep the documents secret (see May 10, 2005). [Associated Press, 12/9/2002]

Entity Tags: Kenneth Lay, Halliburton, Inc., Environmental Protection Agency, Enron Corporation, Andrew Lundquist, Bush administration (43), American Petroleum Institute, Richard (“Dick”) Cheney, British Petroleum, Duke Energy, John Browne

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Peak Oil

Category Tags: Corporate welfare, Politicization and deception, Energy industry, Oil and gas industry, New Source Review, Cheney Energy Task Force

In response to a General Accounting Office (GAO) demand for information about the energy task force chaired by Vice President Cheney (see May 8, 2001), Cheney’s chief legal adviser, David Addington, rebuffs the GAO, claiming that the agency has no authority under the Constitution to investigate the task force. The task force is a creature of the executive branch, Addington argues, and as an arm of the legislative branch, the GAO cannot “inquire into the exercise of authorities committed to the executive by the Constitution.” The president can keep any such government deliberations entirely secret from Congress and the public, Addington asserts, in order to guarantee the “candor” of the advice he receives. GAO chief David Walker replies to Addington, rejecting his interpretation of the Constitution. Addington will, in the words of author Charlie Savage, “follow… injury with insult,” responding to Walker’s request for information by conceding that Congress might have the right to know about the direct costs incurred by the task force, and sending 77 pages of mundane expense reports (see June 21, 2001). The highlight of those reports: task force chair Andrew Lundquist’s ordering of a pizza on his own credit card. Walker will not be cowed by Addington’s flip rejoinder. [Savage, 2007, pp. 88-89]

Entity Tags: David Walker, Andrew Lundquist, David S. Addington, General Accounting Office, Charlie Savage, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Cinergy Corp announces that it is backing out of its settlement with the Justice Department. In 1999, the Justice Department filed a suit against the company for allegedly violating the New Source Review section of the Clean Air Act. Cinergy’s decision to pull out of the settlement comes less than a week after the Bush administration announced that it would review all of the Environmental Protection Agency’s enforcement cases (see May 16, 2001). According to the terms of the settlement (see December 21, 2000), the Ohio-based utility company would have spent $1.4 billion on environmental improvements to their plants reducing its annual emissions of sulfur dioxide and nitrogen oxide by an estimated 500,000 tons. [Air Daily, 5/21/2001; National Environment Trust, 6/29/2006]

Entity Tags: Cinergy Corp

Category Tags: New Source Review

The general counsel for the General Accounting Office (GAO) sends a letter to Vice President Cheney’s chief counsel, David Addington, explaining that the GAO believes its attempt to investigate Cheney’s secret energy task force (see January 29, 2001, May 16, 2001, and May 16 - 17, 2001) is right and proper under US law. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

A Klamath River farmer and prospective voter.A Klamath River farmer and prospective voter. [Source: Sierra Times]Interior Department official Sue Ellen Woodbridge is contacted, to her surprise and initial disbelief, by Vice President Dick Cheney. Cheney is concerned with a situation developing in Oregon, a battleground electoral state that the Bush-Cheney presidential campaign had lost by less than half a percentage point in November 2000. Drought-stricken ranchers and farmers—largely Republican in makeup—are clamoring for the irrigation water they need to keep their croplands and pastures green. [Washington Post, 6/27/2007] The farmers and ranchers of the area are key to the re-election of Senator Gordon Smith (R-OR). [CounterPunch, 7/16/2007] But federal biologists say that the Endangered Species Act gives the government no choice: if the water is released, two imperiled species of fish will be gravely impacted. Both science and the law are on the side of the fish, but Cheney steps in, apparently more out of political concerns for Oregon than for the farmers and ranchers. According to Cheney’s aides, he first looks for a way around the law. According to an Oregon congressman who lobbies for the farmers, when Cheney finds no way to circumvent the law, he instead attacks the science protecting the fish (see April 2002). The government eventually declares, in spite of all scientific evidence, that the water release and subsequent draining of the Klamath River basin will not harm the fish. Instead, the water release causes the largest fish kill in modern Western history (see September 2002). Cheney’s role in the fish kill will not be revealed until 2007. [Washington Post, 6/27/2007] After the Washington Post reveals Cheney’s role in the fish kill, the House will open hearings on Cheney’s activities (see June 27-28, 2007).

Entity Tags: Richard (“Dick”) Cheney, Endangered Species Act, Gordon Smith, Sue Ellen Woodbridge, US Department of the Interior

Category Tags: Wildlife protection, Corruption, Environmental enforcement, Politicization and deception, Klamath Basin Fish Kill

David Addington, the chief counsel to Vice President Cheney, writes another letter rebuffing the General Accounting Office (GAO)‘s attempt to secure information about Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). This time, Addington writes that the GAO lacks the authority to obtain the requested information. He reasons that in statute 31 USC 717, which requires the GAO’s chief, the comptroller general, to “evaluate the results of a program or activity the government carries out under existing law,” the words “existing law” do not include the US Constitution. Under statute 31 USC 712, which requires the comptroller general to investigate “all matters related to the receipt, disbursement, and use of public money,” the task force is only required to inform the GAO of financial cost information—hence Addington’s previous letter informing the GAO about the task force’s mundane expenses (see May 16 - 17, 2001 and June 21, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, General Accounting Office, David S. Addington, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Pursuant to his letter to the General Accounting Office (GAO—see June 7, 2001), David Addington, the chief counsel for Vice President Cheney, sends the GAO 77 pages of financial information relating to Cheney’s secret energy task force. The documents cover little more than mundane expenses by the task force, including a pizza bought by task force chief Andrew Lundquist. The GAO will characterize the documents as “virtually impossible to analyze, as they consisted, for example, of pages with dollar amounts but no indication of the nature or the purpose of the expenditure. Nor did the materials reflect any apparent expenses in connection with the work of the six assigned [task force] staff.” [General Accounting Office, 8/25/2003 pdf file; Savage, 2007, pp. 88-89]

Entity Tags: David S. Addington, Andrew Lundquist, General Accounting Office, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

The Wall Street Journal reports that the Justice Department has put all of its New Source Review (NSR) investigations on hold, pending the outcome of a review of NSR by the Environmental Protection Agency. Taken as a whole, the Justice Department probes constitute one of the largest environmental investigations in US history. It has been looking at dozens of firms accused by the EPA, under Clinton, of expanding power plants or refineries without installing state-of-the-art pollution control systems, as required by the NSR section of the Clean Air Act. Together these plants are alleged to have spewed hundreds of millions of tons of illegal emissions into the atmosphere. According to EPA spokeswoman Tina Kreisher, the agency—under order from the White House (see May 16, 2001)—is now trying to determine whether companies can be given “more operational and design flexibility” to meet NSR requirements. Likewise, the Justice Department is also conducting a review. Cristine Romano, a spokeswoman for the department, says the Justice Deparmtment intends to look at the “legal soundness” of the NSR investigations. The Journal also reports that the Justice Department is actually advising companies not to sign settlements, but instead to wait until the EPA review has been completed. For example, Dominion Resources almost agreed to spend $1.2 billion on pollution-control upgrades at its plants as part of a settlement. But according to the Journal, it decided not to on advice offered by the Justice Department. [Wall Street Journal, 6/22/2001]

Entity Tags: Tina Kreisher, Cristine Romano

Category Tags: New Source Review

Judicial Watch logo.Judicial Watch logo. [Source: Judicial Watch]The conservative government watchdog organization Judicial Watch sends a letter to Vice President Dick Cheney demanding to see the records of his secret energy task force (see January 29, 2001 and May 16, 2001). Chris Farrell, the organization’s director of investigations and research, saw a May 2001 Newsweek article about the task force. Farrell later says he was struck by the similarities between Cheney’s energy task force and the 1994 health care task force chaired by then-First Lady Hillary Clinton. “The government can’t operate in secret,” Farrell will later say. “They are answerable to the people. There are appropriate times for secrecy on military and intelligence matters, but the notion that national policy on a matter like energy or health care can be developed in secret is offensive and counter to the Constitution.” Farrell, along with Judicial Watch chairman Larry Klayman and president Thomas Fitton, agreed that the task force violates core conservative principles, and made the decision to challenge Cheney’s office. Their letter notes that the rules governing the task force are clear: if the executive branch chooses to solicit outside advice while writing policy, then the Federal Advisory Committee Act (FACA) is triggered, requiring the government to make the details of those meetings public (the same argument made by the General Accounting Office—see May 8, 2001). “Judicial Watch respectfully requests that, in light of the questionable legal and ethical practices, negative publicity, and public outrage surrounding Hillary Rodham Clinton’s 1994 national health-care policy development group, you direct the [energy task force] to abide by the FACA. [Such openness] will instill public trust and confidence in the operations of the [task force] and insure that the national policy is formulated, discussed, and acted upon in a manner consistent with the best traditions of our Constitutional Republic.” [Savage, 2007, pp. 91-92] Cheney’s office will refuse the request (see July 5, 2001). In return, Judicial Watch will sue for the documents’ release (see July 14, 2001).

Entity Tags: Larry Klayman, Chris Farrell, Federal Advisory Committee Act, Judicial Watch, National Energy Policy Development Group, Richard (“Dick”) Cheney, Tom Fitton, General Accounting Office

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

David Addington, the chief counsel to Vice President Cheney, refuses to accept any more communications from the General Accounting Office (GAO) regarding the GAO’s attempt to learn about the doings of Cheney’s secret energy task force (see January 29, 2001 and May 16, 2001). Addington directs GAO officials to contact a lawyer at the Department of Justice with any further inquiries. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: David S. Addington, National Energy Policy Development Group, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

David Addington, the chief counsel for Vice President Dick Cheney, writes a three-sentence letter to the government oversight organization Judicial Watch, rejecting its request for the records of Cheney’s secret energy task force (see June 25, 2001). Addington uses the same argument he used to reject the General Accounting Office’s request for records of the task force (see June 7, 2001): since open-government laws do not apply to the task force, in his opinion, there will be “no disclosure of the materials you requested.” Judicial Watch will file a lawsuit demanding the task force’s records be made available to the public (see July 14, 2001). [Savage, 2007, pp. 92]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, General Accounting Office, National Energy Policy Development Group, Judicial Watch

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

The conservative government watchdog organization Judicial Watch files a lawsuit demanding the release of documents pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). Judicial Watch had requested that Cheney voluntarily turn over the records, a request his office denied (see July 5, 2001). [Savage, 2007, pp. 92]

Entity Tags: Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

The General Accounting Office, repeatedly rebuffed by Vice President Cheney’s office in its attempt to secure information about Cheney’s secret energy task force (see May 8, 2001, May 10-17, 2001, May 16 - 17, 2001, June 7, 2001, June 21, 2001, and July 3, 2001), sends a letter written by its head, Comptroller General David Walker, to Cheney. Walker notes the repeated rebuffs from Cheney’s chief counsel, David Addington, and others in his office, and once again lays out his request for information regarding the task force’s participants, minutes of meetings, and other relevant information. When Walker follows up his letter with a phone call to Cheney on July 30, Cheney will fail to take the call. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, David Walker, National Energy Policy Development Group, General Accounting Office

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Testifying before a subcommittee of the Senate Committee on Environment and Public Works, EPA administrator Christine Whitman names several Clean Air Act programs that the Bush administration is considering terminating. One of the programs slated for elimination is the New Source Review, which requires power companies to install state-of-the-art pollution controls whenever they build new plants or add additional capacity to existing ones. [US Congress, 7/26/2001, pp. 104]

Entity Tags: US Congress, Christine Todd Whitman

Category Tags: New Source Review

ABC reporter Ted Koppel asks Vice President Dick Cheney about meetings with his “pals” from the oil and energy industries (see January 29, 2001 and April 17, 2001 and After). Koppel is referring to the attempts by Congress to be given the names of the participants in Cheney’s energy task force meetings. Cheney says: “I think it’s going to have to be resolved in court, and I think that’s probably appropriate. I think, in fact, that this is the first time the GAO [Government Accountability Office] has ever issued a so-called demand letter to a president/vice president. I’m a duly elected constitutional officer. The idea that any member of Congress can demand from me a list of everybody I meet with and what they say strikes me as—as inappropriate, and not in keeping with the Constitution.” Authors Lou Dubose and Jake Bernstein will later write, “The vice president was deftly turning a request for records into a constitutional struggle between the legislative and executive branches.” Representative Henry Waxman (D-CA), who issued the original requests before turning them over to the GAO, will put his demands for information on hold because of the 9/11 attacks and the war in Afghanistan, but the case will indeed end up in court (see February 22, 2002). [Dubose and Bernstein, 2006, pp. 11-12]

Entity Tags: Lou Dubose, Richard (“Dick”) Cheney, Government Accountability Office, Henry A. Waxman, Ted Koppel, Jake Bernstein, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

The General Accounting Office (GAO)‘s chief, David Walker, backs down from his initial request for all pertinent documents and records of Vice President Cheney’s energy task force (see May 8, 2001). Instead, Walker modifies his request to ask for just the names of the lobbyists at the task force meetings, the dates of the meetings, the general topic(s) of discussion, and the cost of the meetings. Cheney will also refuse this request, and will escalate his rhetorical war against Walker and the GAO in defense of “executive privilege” (see July 26, 2001 and August 2, 2001). [General Accounting Office, 8/25/2003 pdf file; Savage, 2007, pp. 92-93]

Entity Tags: General Accounting Office, David Walker, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Vice President Cheney’s chief counsel, David Addington, responds to the General Accounting Office (GAO)‘s offer to scale back its request for information regarding Cheney’s energy task force (see July 31, 2001) with another blanket refusal. Addington again asserts that the GAO has no authority to make such a request (see June 7, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: David S. Addington, National Energy Policy Development Group, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Vice President Cheney sends a letter to Congressional leaders demanding that they order the General Accounting Office (GAO)‘s chief, David Walker, to immediately withdraw his request for records pertaining to Cheney’s secret energy task force (see July 18, 2001). Walker has already scaled back his initial request (see July 31, 2001), but Cheney asserts that even the limited information Walker is requesting would violate “the confidentiality of communications among a president, a vice president, the president’s other senior advisers, and others.” Cheney also rails against “actions undertaken by an agent of the Congress, the comptroller general [Walker], which exceeded his lawful authority and which if given effect, would unconstitutionally interfere with the functioning of the executive branch.” [Savage, 2007, pp. 93] The GAO notes that Cheney’s letter does not cite the specific information requested by the GAO, as required by law. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: National Energy Policy Development Group, David Walker, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

In a letter to Senator James Jeffords, California Air Resources Board executive director Michael P. Kenny says that a recent testimony by C. Boyden Gray may have misled Congress into believing “that since California has made considerable progress toward achieving clean air standards there is justification for relaxing or eliminating the New Source Review program.” Rather, according to Kenny, the continuation of the New Source Review program is essential. “[I]n both verbal and written comments to the US Environmental Protection Agency (enclosed) we shared our experience with the success of New Source Review in California.… The New Source Review program in California… has… resulted in the construction of some of the cleanest power plants in the nation.… New Source Review is based on the solid premise that new emissions should be minimized and mitigated so that industrial growth can continue without undermining progress toward achieving clean air mandates.… We believe that any weakening of New Source Review control requirements will increase the need to achieve a greater proportion of emission reductions from existing sources and will likely result in a less effective pollution control program.” [US Congress, 7/26/2001, pp. 104]

Entity Tags: Clayland Boyden Gray, James Jeffords, Michael P. Kenny

Category Tags: New Source Review

The General Accounting Office (GAO)‘s chief, Comptroller General David Walker, issues a report detailing the history of the GAO’s request for information regarding Vice President Cheney’s secret energy task force, and reiterating its request (see July 31, 2001). The report is sent to President Bush, Cheney, Congress, the attorney general, and the Office of Management and Budget (OMB). It reads in part: “In communications with the vice president’s counsel… we offered to eliminate our earlier request for minutes and notes and for the information presented by members of the public. Even though we are legally entitled to this information, as a matter of comity, we are scaling back the records we are requesting to exclude these two items of information.… The GAO as an institution, and the comptroller general as an officer of the legislative branch, assist the Congress in exercising its responsibilities under the Constitution to oversee, investigate, and legislate. In order to help members of Congress carry out their role and evaluate the process used to develop the National Energy Policy, GAO needs selected factual and non-deliberative records that the vice president, as chair of the NEPDG [National Energy Policy Development Group, the formal name for Cheney’s task force], or others representing the Group, are in a position to provide GAO. The records we are requesting will assist the review of how the NEPDG spent public funds, how it carried out its activities, and whether applicable law was followed.” [David Walker, 8/17/2001 pdf file; National Review, 2/20/2002]

Entity Tags: National Energy Policy Development Group, David Walker, General Accounting Office, John Ashcroft, Office of Management and Budget, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Vice President Cheney’s office responds to repeated requests by the General Accounting Office (GAO) for information about Cheney’s secret energy task force (see August 17, 2001) by sending it a list of the task force’s office support staff, and nothing more. The GAO now considers itself empowered by law to file a lawsuit seeking the requested information, and the next day will issue a statement to that effect. [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: General Accounting Office, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force


Enron’s logo.
Enron’s logo. [Source: Enron]Enron files for Chapter 11 bankruptcy—the biggest bankruptcy in history up to that date. [BBC, 1/10/2002] However, in 2002 Enron will reorganize as a pipeline company and will continue working on its controversial Dabhol power plant. [Houston Business Journal, 3/15/2002]

Entity Tags: Enron Corporation

Timeline Tags: Complete 911 Timeline

Category Tags: Energy industry, Cheney Energy Task Force

Vice President Dick Cheney continues to battle the General Accounting Office (GAO)‘s request for the records of his energy task force (see January 29, 2001 and April 17, 2001 and After) in the broadcast media (see July 26, 2001). On Fox News, he reiterates his insistence that he will not turn over any records from the task force unless compelled to do so by the courts, and says indignantly, “They’ve demanded of me that I give Henry Waxman [the California Democratic representative who originated the demand for task force records] a list of everybody I met with, of everything that was discussed, any advice that was revealed, notes and memos of these meetings.” Cheney is lying. The GAO only asked for the minutes from the meetings and the names of the participants (see July 31, 2001 and February 22, 2002), and soon the GAO will scale back its request to nothing more than the names and schedules of the participants and the meetings, not the contents of the meetings themselves. Four years later, when the court case has long been settled in Cheney’s favor (see February 7, 2003), Cheney will still mischaracterize the issue as an improper demand from Congress for an executive branch official to disclose the contents of private conversations and meetings, and therefore destroy “the ability of the president and the vice president to receive unvarnished advice.” Former Justice Department official Bruce Fein will call the argument “bogus, specious, [and] absurd.” [Dubose and Bernstein, 2006, pp. 12-13] GAO officials call Cheney’s statement a “critical and highly material misrepresentation” of the facts. [National Review, 2/20/2002]

Entity Tags: General Accounting Office, Richard (“Dick”) Cheney, Bruce Fein, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

The court orders the EPA to come up with regulations governing formaldehyde emissions at wood products facilities by February 27, 2004 (see February 2004). [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency

Category Tags: Formaldehyde Rule

EPA staffers meet with the agency’s top pollution regulator, Jeffrey Holmstead, in his fifth-floor conference room to discuss a February 2004 deadline for creating a rule governing formaldehyde emissions at wood products plants. Holmstead, a lawyer, formerly worked at Latham & Watkins representing one of the nation’s largest plywood producers. Also present at the meeting is William Wehrum, the EPA air office’s general counsel, who had also represented timber interests as a partner of the same law firm. They meet with Timothy Hunt, a lobbyist for the American Forest & Paper Association who is an old acquaintance of Holmstead, and with Claudia M. O’Brien, the association’s lawyer. O’Brien had previously been a law partner of Holmstead’s and Wehrum’s at Latham & Watkins. During the meeting she proposes to exempt “low-risk” plywood, particleboard and other plants from strict emission controls, arguing that such facilities are often located in isolated areas where their emissions pose a relatively small risk to public health. She also contends that the expense of adding new controls to the plants, which the industry complains could cost as much as $1 billion, would make them vulnerable to foreign competition. Holmstead likes the idea and decides that the agency should push the proposal, despite opinions from EPA career attorneys that the exemption would violate the 1990 Clean Air Act amendments (see March 2003). [Los Angeles Times, 5/21/2004]

Entity Tags: Timothy Hunt, William Wehrum, Jeffrey Holmstead, Claudia M. O’Brien, Environmental Protection Agency, Bush administration (43)

Category Tags: Timber industry, Formaldehyde, Formaldehyde Rule

Senator Carl Levin (D-MI), the chairman of the investigations subcommittee of the Senate Governmental Affairs Committee, and fellow senators Byron Dorgan (D-ND), Ernest Hollings (D-SC), and Joseph Lieberman (D-CT) ask the General Accounting Office (GAO) to evaluate the process by which the Bush administration’s energy policy has been developed (see May 16, 2001). The senators’ request is apparently in support of the GAO’s long-blocked investigation of Vice President Cheney’s energy task force (see January 29, 2001). [General Accounting Office, 8/25/2003 pdf file]

Entity Tags: Carl Levin, Bush administration (43), Byron L. Dorgan, General Accounting Office, Joseph Lieberman, National Energy Policy Development Group, Ernest F. Hollings

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

Anthony Gamboa, the general counsel for the General Accounting Office (GAO), reiterates the GAO’s modification of its original request for documents and records pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). In a letter to the editor of the Wall Street Journal, Gamboa writes: “The GAO long ago dropped its request for the minutes and notes of the vice president’s meetings with people outside the government, as well as requests for any materials those individuals have given to Mr. Cheney (see July 31, 2001). The GAO simply seeks the names of those he met in his capacity as head of the energy policy task force, when and where he met them, the subject matter of the meetings, and an explanation of the costs incurred.” Cheney responds during an appearance on the late-night talk show The Tonight Show. He explains his continued refusal to cooperate with the GAO: “What’s at stake here is whether a member of Congress [Henry Waxman (D-CA), whom Cheney has accused the GAO of working for] can demand that I give him notes of all my meetings and a list of everybody I met with. We don’t think that he has that authority.” [National Review, 2/20/2002] The GAO’s chief, Comptroller General David Walker, will later call Cheney’s statements “disinformation.” [Savage, 2007, pp. 100]

Entity Tags: National Energy Policy Development Group, Anthony Gamboa, David Walker, Henry A. Waxman, Richard (“Dick”) Cheney, General Accounting Office

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Cheney Energy Task Force

David Walker, comptroller of the General Accounting Office (GAO) and a Ronald Reagan appointee, files a lawsuit to compel Vice President Dick Cheney and his office to reveal the names of the private businessmen and organizational officials that his energy task force (see January 29, 2001) met with to craft the Bush administration’s energy policies (see May 8, 2001). This is the first time since its creation in 1920 that the GAO has been forced to file suit to compel another government agency to follow the law and cooperate with its requests. [Dean, 2004, pp. 78-79] In a statement, Walker writes: “This is the first time that GAO has filed suit against a federal official in connection with a records access issue. We take this step reluctantly. Nevertheless, given GAO’s responsibility to Congress and the American people, we have no other choice. Our repeated attempts to reach a reasonable accommodation on this matter have not been successful. Now that the matter has been submitted to the judicial branch, we are hopeful that the litigation will be resolved expeditiously. [General Accounting Office, 2/22/2002 pdf file]
'Fundamental Questions' about Governmental 'Checks and Balances' - Former Nixon White House counsel John Dean will write in 2004: “This was, to say the least, a high-stakes lawsuit. It raised fundamental questions about the very nature of our system of checks and balances. If the GAO could not get the information it requested, then there was a black hole in the federal firmament—a no-man’s land where a president and vice president could go free from Congressional oversight.” By random selection, the case lands in the court of Judge John Bates, a career Justice Department lawyer who once worked for the Whitewater investigative team led by Kenneth Starr, and had just recently been appointed to the bench by President Bush. The choice of Bates will prove critical to the verdict of the case. [Dean, 2004, pp. 78-79]
Schlafly: Secrecy a 'Mistake' - Conservative commentator and activist Phyllis Schlafly will write in 2002: “[T]he public wants to know how our energy policy was developed. When information is kept secret, the natural inference is that there must be something the administration is very eager to hide. While private businesses and households can be selective about what they tell the world, the American people are not willing to accord the same privacy to public officials paid by the taxpayers. Regardless of the legal veil woven over the energy policy meetings, Cheney’s secrecy is a political mistake.” [Eagle Forum, 3/6/2002]

Entity Tags: Kenneth Starr, Phyllis Schlafly, US Department of Justice, Richard (“Dick”) Cheney, John Dean, Government Accountability Office, Bush administration (43), David Walker, George W. Bush, Energy Task Force, John Bates

Timeline Tags: Civil Liberties

Category Tags: Corporate welfare, Energy industry, Oil and gas industry, Cheney Energy Task Force

Andrew Lundquist, the White House director of energy policy and the chairman of the Cheney energy task force (see January 29, 2001 and May 16, 2001), resigns from government service. The next day, Lundquist goes into the lobbying business. The Lundquist Group opens offices in what the Boston Globe will call a “posh office building perched kitty-corner from the Capitol.” Lundquist’s business will take in hundreds of thousands of dollars a year from clients such as British Petroleum (see March 22, 2001) and Duke Energy Corporation (see March 5, 2001). [Savage, 2007, pp. 346]

Entity Tags: British Petroleum, Andrew Lundquist, Duke Energy, Lundquist Group, Bush administration (43)

Category Tags: Cheney Energy Task Force

Michael Kelly, a federal biologist with the National Oceanic and Atmospheric Administration, heads a team for the National Marine Fisheries Service which is charged with reviewing the Bureau of Reclamation’s 10-year plan for allocating the Klamath River’s water. The team completes a report concluding that the Bureau’s plan would jeopardize the coho salmon, which are protected by the Endangered Species Act. The report makes its way to lawyers at the Justice Department who reject Kelly’s findings and order him to rewrite his biological opinion. Two weeks later, Kelly submits a new report reaffirming the team’s earlier findings, but supported by more scientific and detailed legal analysis. The recommendations are again rejected. Against the team’s advice, the Bureau of Land management will approve lower water levels for the Klamath River, based on recommendations from the National Academy of Sciences, which Kelly refuses to endorse. “Obviously someone at a higher level order the service to accept this new plan,” Kelly will observe. The decision will lead to the death of 33,000 salmon and steelhead trout (see September 2002). [Associated Press, 5/20/2004]

Entity Tags: Bureau of Land Management, Michael Kelly, National Academy of Sciences

Category Tags: Wetlands, Endangered species, Politicization and deception, Klamath Basin Fish Kill

District Court Judge Emmet Sullivan rules that if Vice President Dick Cheney wants to have him dismiss a lawsuit brought by the watchdog organization Judicial Watch (see June 25, 2001), Cheney must show him the task force documents so that he can make an informed decision. No one else would see the documents, Sullivan says, and he cites a 1993 ruling forcing the Clinton health care task force to reveal its source documents and allow a judge to decide whether that task force had had outside lobbyists directly participating in its work. Judicial Watch’s director of investigations, Chris Farrell, is jubilant over Sullivan’s ruling. “It was very encouraging,” he will later recall. “It looked like the judge had the intellectual honesty and courage to at least give it an evaluation and a fair look. If, in fact, everything the administration was saying was true, then the judge would look at it and draw that conclusion. At least then the public would have some sense of confidence and trust that the right thing was being done, because a fresh set of eyes had looked at it. Without that check, you don’t know.” But Cheney refuses to comply with the order, and instead appeals Sullivan’s decision, asking an appeals court to summarily dismiss Sullivan’s ruling without first making Cheney show the documents to a judge. The appeals court will turn Cheney down, paving the way for a Supreme Court hearing (see December 15, 2003). [Savage, 2007, pp. 160-161]

Entity Tags: Richard (“Dick”) Cheney, Emmet Sullivan, Judicial Watch, Chris Farrell

Timeline Tags: Civil Liberties

Category Tags: Cheney Energy Task Force

More than 33,000 spawning salmon and steelhead trout die in the lower Klamath River due to the rivers abnormally low water level (see November 18, 2003). The fish succumb to “gill rot” which spreads rampantly among the fish as a result of warm water temperatures caused by the river’s shallow waters. The lower water-level is a result of the Bureau of Reclamation’s decision to cut the river’s flow to 750 cubic-feet per second and divert the remaining water to farmers for irrigation. The decision was made against the recommendations of two reports by a team of government biologists (see April 2002). [High Country News, 6/23/2003; Associated Press, 5/20/2004]

Category Tags: Wetlands, Endangered species, Klamath Basin Fish Kill, Key Events

Newfields International, an environmental consulting firm, completes a study comparing several different content-analysis techniques used by government agencies and private contractors. The study, commissioned by Yosemite National Park, finds that the Forest Service’s Content Analysis Team (CAT) is using the most cost-effective, high-quality system available, explaining that the team has a “track record (that) is not equaled by any other organized process.” CAT is in charge of reviewing comment letters from the public and producing summary reports for policy decision-makers. Two months later the Bush administration will announce that the program will be reviewed for possible outsourcing to private contractors (see December 2002). [High Country News, 4/26/2004]

Entity Tags: Yosemite National Park, US Forest Service, Content Analysis Team (CAT), Newfields International, Bush administration (43)

Category Tags: Outsourcing and privatization, Outsourcing CAT

Emission by type of vehicleEmission by type of vehicle [Source: National Park Service] (click image to enlarge)The National Park Service (NPS) announces a plan to reverse a Clinton-era ban on snowmobiles in Yellowstone and Grand Teton National Parks. The NPS proposal would limit the number of snowmobiles permitted in the parks per day to 1,100 by December 2003. However, beginning with the 2004-2005 winter season, there would be no restrictions on the number of snowmobiles permitted in the parks. [Associated Press, 11/12/2002; Associated Press, 11/12/2002] The proposal is made despite the National Park Service having received some 360,000 emails and letters on the issue, eighty percent of which were in support of the ban. [United Press International, 11/11/2002] Lifting the ban on snowmobiles would have a considerable impact given that according to the EPA’s own figures, the emissions from a single snowmobile can equal that of 100 automobiles. [Blue Water Network, 1999; National Park Service, 5/2000; Environmental Protection Agency, 2001] The EPA had recommended in 1999 that snowmobiles be barred from the two parks in order to provide the “best available protection” for air quality, wildlife and the health of people visiting and working in the park. After coming to office, the Bush administration ordered a review of the policy as part of a settlement with snowmobile manufacturers who had challenged the ban. [Associated Press, 11/12/2002]

Entity Tags: Yellowstone National Park, Bush administration (43), National Park Service (NPS), Environmental Protection Agency, Grand Teton National Park

Category Tags: National Parks, Snowmobile regulation, Snowmobile Industry

Companies charged with violating New Source ReviewCompanies charged with violating New Source Review [Source: Clear the Air]The Environmental Protection Agency finalizes a rule that makes four important changes to the New Source Review (NSR) section of the Clean Air Act. Critics say the changes will help polluting industries maintain the status quo.
Plant-wide Applicability Limits (PALs) - This change will allow a facility to set a Plant-wide Applicability Limit (PAL) based on its average emissions over the previous ten years. A facility will be exempted from the New Source Review process when it upgrades or expands its operations if those changes do not cause the plant’s emissions to exceed its PAL. Critics complain that the change does not require plants to reduce their overall emissions when a facility expands or modifies operations.
Pollution Control and Prevention Projects - Facilities will be permitted to undertake certain environmentally beneficial activities without having to apply for NSR permits.
Clean Unit Provision - Plants that voluntarily install “best available pollution controls” will be afforded “clean unit” status and exempted from NSR provisions for a period of 15 years. The change is retroactive to 1990.
Emissions Calculation Test Methodology - Facilities will be permitted to use a more lenient method when determining if a plant upgrade has increased its emissions. With the exception of power plants, facilities will be permitted to select any 24-month period during the previous decade to serve as its baseline for determining pre-modification emission levels. The EPA also announces that it intends to revise the “Routine Maintenance, Repair and Replacement” exemption so that any modifications whose costs do not exceed a certain level would be exempt from the NSR provisions requiring plants to install pollution controls and conduct impact assessments on the ambient air quality when upgrading or replacing equipment. [Clean the Air, n.d. pdf file; Environmental Protection Agency, 11/22/2002; EarthVision Environmental News, 11/25/2002; ENSR International, 12/24/2004]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Category Tags: Air pollution, Energy industry, Coal Industry, New Source Review, Key Events

Forest Service officials inform employees working for the agency’s Content Analysis Team (CAT) that their jobs are being reviewed for possible outsourcing to the private sector. The employees are assured that the review would make them “a shining example for the rest of the agency of how successful federal employees can be.” Months later, CAT will undergo “direct conversion” instead, and all but the team’s top managers will lose their jobs to private sector outsourcing (see March 2003). [High Country News, 4/26/2004]

Entity Tags: Content Analysis Team (CAT), Bush administration (43)

Category Tags: Outsourcing and privatization, Outsourcing CAT

District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” [Associated Press, 12/9/2002] Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. [Savage, 2007, pp. 112] The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. [Associated Press, 12/6/2002] That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. [Dean, 2004, pp. 76-80] Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. [Dubose and Bernstein, 2006, pp. 14] In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” [Savage, 2007, pp. 112-113]

Entity Tags: John Dean, Lou Dubose, Paul Clement, Sierra Club, John Conyers, US Supreme Court, US Department of Justice, Theodore (“Ted”) Olson, Richard (“Dick”) Cheney, John Bates, Judicial Watch, Henry A. Waxman, Bush administration (43), Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act

Timeline Tags: Civil Liberties

Category Tags: Corruption, Energy industry, Oil and gas industry, Cheney Energy Task Force

The Environmental Protection Agency announces the final rule on concentrated animal feeding operations (CAFO). [Environmental Protection Agency, 2/12/2003] One of its provisions allows factory farms to dump unlimited amounts of raw animal waste on the land. The resulting runoff will pollute waterways, killing fish and spreading disease. The rule also limits corporate liability for environmental damage and allows factory farms to devise their own permit conditions. [Natural Resources Defense Council, 12/16/2002]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Category Tags: Water pollution, Factory farms, Concentrated Animal Feeding Operations

The Bush administration quietly announces plans to create a federal rule giving state governors increased control over the national forests in their states by allowing them to apply to the federal government for exemptions from the Roadless Area Conservation Rule on a case-by-case basis. The Roadless Rule, introduced by Clinton in January 2001, banned the construction of roads in 58. 5 million acres, or nearly one-third, of the nation’s forests. The federal rule proposal will not be formally announced until July 13, 2004 (see July 12, 2004) [Wilderness Society, n.d.; Sierra Club, 4/28/2004]

Entity Tags: Bush administration (43)

Category Tags: Roadless Rule

EPA staffers are instructed by higher-ups not to analyze any mercury or carbon dioxide reduction proposals that conflict with the president’s “Clear Skies” bill or, if they do, to keep the results under wraps. For example, an alternative proposal sponsored by senators Thomas R. Carper and Lincoln Chaffee is analyzed by the EPA but its conclusions—showing that the Carper-Chaffee plan has some advantages over Clear Skies—are not released. According to one EPA staffer later interviewed by the New York Times, Jeffrey Holmstead, the assistant administrator for air programs, wondered out loud during a May 2 meeting, “How can we justify Clear Skies if this gets out?” And in June, EPA administrator Christie Whitman sends a letter to senators John McCain and Joseph Lieberman, informing them that the EPA will not do economic analysis on their alternative plan to reduce carbon dioxide emissions as they requested. Senator McCain later tells the New York Times that he did “not feel it was normal procedure to refuse to analyze a bill that is under the agency’s jurisdiction.” [New York Times, 7/14/2003]

Entity Tags: Bush administration (43), Thomas R. Carper, Jeffrey Holmstead, Joseph Lieberman, Lincoln Chaffee, Environmental Protection Agency, John McCain

Category Tags: Air pollution, Energy industry, Mercury, Clear Skies

Assistant Secretary of the Interior Craig Manson writes to the State of Montana and withdraws a December 2002 environmental impact assessment conducted by National Park Service scientists which had concluded that the emissions from a proposed 780-megawatt coal-fired Roundup Power Plant would negatively affect visibility and air quality at Yellowstone National Park, located 112 miles away from the plant’s proposed site. Manson, a former Sacramento judge, claims that “weather events” had skewed the results of the study. [National Parks Magazine, 3/2003; PEER, 3/16/2003; Bozeman Daily Chronicle, 10/31/2003; Perks, 4/2004, pp. 28 pdf file]

Entity Tags: Craig Manson, Bush administration (43)

Category Tags: National Parks, Air pollution, Energy industry, Round Up power plant

The General Accounting Office (GAO), the nonpartisan investigative arm of Congress, declines to appeal a case attempting to force Vice President Cheney to disclose his Energy Task Force documents (see May 16, 2001, February 22, 2002, and December 9, 2002). This ends a potentially historic showdown between the Congressional watchdog agency and the executive branch. [Los Angeles Times, 2/8/2003] It is widely believed that the suit is dropped because of pressure from the Republican Party—the suit was filed when the Democrats controlled the Senate, and this decision comes shortly after the Republicans gained control of it. [Washington Post, 2/8/2003] The head of the GAO denies the lawsuit is dropped because of Republican threats to cut his office’s budget, but US Comptroller General David Walker, who led the case, says there was one such “thinly veiled threat” last year by a lawmaker he wouldn’t identify. [Reuters, 2/25/2003] Another account has Senator Ted Stevens (R-AK) and a number of other congresspeople making the threat to Walker. [Hill, 2/19/2003] The GAO has previously indicated that accepting defeat in this case would cripple its ability to oversee the executive branch. [Washington Post, 2/8/2003] A similar suit filed by Judicial Watch and the Sierra Club continues to move forward, but will ultimately be defeated by the Supreme Court (see May 10, 2005). [Washington Post, 2/8/2003]
Picking Its Battles - Walker explains that to continue the case “would require investment of significant time and resources over several years.” Later, he will say that he decided not to appeal the case for what reporter Charlie Savage will call “damage-control reasons.” Walker does not want to involve the GAO in what he fears will be perceived as a partisan conflict, and he does not want to risk further crippling the GAO’s ability to function by risking another negative ruling from a federal appeals court. “If the GAO was going to fight that legal battle,” Savage will write in explanation of Walker’s reasoning, “it was strategically unwise to use a case that involved records inside the White House itself instead of a less prominent part of the executive branch.” [Savage, 2007, pp. 113]
Refusal to Appeal 'Stunning' - In 2004, former Nixon White House counsel John Dean will write that he finds the GAO’s decision not to appeal the ruling “stunning.” Walker says the GAO isn’t going to challenge the ruling because it does not materially affect the GAO’s ability to function because the “decision did not address the merits” of the GAO’s arguments. The ruling, Walker says, “has no effect on GAO’s statutory audit rights or the obligation of agencies to provide GAO with information.” Dean calls this line of reasoning “wishful thinking at its best.” Dean will ask a high-level GAO official about the reported threats from Congressional Republicans. The official will reply that the threats did not worry Walker and the GAO lawyers nearly as much as the possibility that, if the GAO were to pursue the lawsuit, then, Dean will write, “the Supreme Court could do again what it did in Bush v. Gore and make Walker v. Cheney the landmark ruling ending virtually all Congressional oversight.” But lawyers for the Congressional Research Service (CRS) say that the ruling as it stands places severe restrictions on Congressional oversight. As Dean puts it: “The GAO has lost not only standing to file a lawsuit but the leverage of the threat of filing such a lawsuit, should an executive department or agency stonewall the way Cheney did. The GAO must now simply take what the White House (and its many appendages…) volunteers. This has never before been the case. [The GAO] will see only what Bush and Cheney want it to see.” The CRS notes that the ruling “calls into question the ability of Congress to delegate investigative authority to its agents;” Dean will write that this “may be the true reason for the lawsuit and for Cheney’s actions.” [Dean, 2004, pp. 80-81]
'Big Win' for Bush/Cheney - Constitutional scholar Thomas Mann of the Brookings Institution will call the ruling a “big win” for the Bush-Cheney administration, saying: “President Bush and Vice President Cheney have an extreme and relentless executive-centered conception of American government, and it plays out every day, and there are dozens of fronts in this effort to strengthen the presidency. Power naturally gravitates to the presidency in times of uncertainty. But people are going to question putting all of our trust in an unfetttered presidency.” Former Justice Department official Bruce Fein is more blunt. “Now they have a precedent that they can hold over Congress’s head,” he will say. “Like a loaded gun. Forever.” [Dubose and Bernstein, 2006, pp. 14-15]

Entity Tags: George W. Bush, Ted Stevens, Energy Task Force, John Dean, David Walker, Bruce Fein, Charlie Savage, Congressional Research Service, Brookings Institution, Richard (“Dick”) Cheney, Thomas Mann

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Oil and gas industry, Cheney Energy Task Force

The National Park Service (NPS) releases its Final Supplemental Environmental Impact Statement (EIS) which favors an option to reverse the November 2000 decision to ban all snowmobiles from Yellowstone and Grand Teton National Parks by the 2003-2004 winter season (see November 12, 2002). The new EIS—done at a cost of $2.4 million to taxpayers—results from the settlement of a lawsuit that had been filed by the state of Wyoming and the snowmobile industry to reverse the November 2000 ban. The study concludes that the “preferred option” would be to phase in a requirement that all snowmobiles used in the park be four-stroke sleds and that all operators be required to either hire a guide, pass a guide’s course or accompany someone who has passed it. [Yellowstone National Park, 2/20/2003; Bozeman Daily Chronicle, 2/21/2003] Former NPS leaders condemn the report’s recommendation, insisting that the 2000 plan—backed by earlier scientific studies which had determined a strict ban would be the best policy to protect air quality, sound emissions, wildlife and human health, and safety—remains the most popular with the public. [Bozeman Daily Chronicle, 2/21/2003; Caspar Star Tribune, 2/21/2003] Critics have warned that reversing the ban would generate significantly more air pollution in the park—twice the carbon monoxide and six times the nitrogen oxide as the November 2000 ban. [US Congress, 3/13/2002; Caspar Star Tribune, 2/21/2003] The decision to halt the phase-out is well-received by industry leaders. “We are grateful that the Bush administration has given this issue a closer look,” Clark Collins, executive director of the Blue Ribbon Coalition, tells the Boseman’s Daily Chronicle. [Bozeman Daily Chronicle, 2/21/2003]

Entity Tags: Bush administration (43), National Park Service (NPS)

Category Tags: National Parks, Air pollution, Snowmobile Industry, Snowmobile regulation

A lawyer in the EPA’s general counsel’s office writes a confidential memo warning about the legal vulnerability of the proposed exemption (see January 14, 2002) for wood product plants from formaldehyde emission standards. The lawyer writes that the proposed exemption would result “in a regulatory approach equivalent to the one Congress specifically rejected” in 1990. “EPA would have a difficult time articulating any rational basis to defend such a… scheme.” [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency

Category Tags: Formaldehyde Rule

Forest Service officials inform employees of the agency’s Content Analysis Team (CAT) that the work they are doing will be outsourced to the private sector. The management team will remain, but the content analysis work will be farmed out to contract consultants. This decision is made despite the department’s reputation for remarkable efficiency. In October 2002, a study commissioned by Yosemite National Park had praised CAT saying it had a “track record… [un]equaled by any other organized process.” (see October 2002). A study three months later will conclude that outsourcing will actually cost the agency more (see June 2004). [Associated Press, 11/14/2003; Missoulian, 11/15/2003; High Country News, 4/26/2004]

Entity Tags: US Forest Service, Content Analysis Team (CAT), Bush administration (43)

Category Tags: Corruption, Outsourcing and privatization, Timber industry, Outsourcing CAT, Roadless Rule

The National Park Service decides to reverse the Clinton administration’s decision to prohibit snowmobiles in Yellowstone and Grand Teton National Parks. The decision ignores earlier scientific analysis concluding that a snowmobile ban is the preferred policy to protect air quality, sound emissions, wildlife, human health and safety (see February 20, 2003). [USA Today, 4/24/2003]

Entity Tags: Yellowstone National Park, Bush administration (43), Grand Teton National Park, National Park Service (NPS)

Category Tags: National Parks, Snowmobile regulation

The US Fish and Wildlife Service revises a Clinton-era judgment which had concluded that the proposed construction and operation of two mines in the Cabinet Mountains of Montana would likely have an adverse impact on the local population of grizzly bears. In January 2002, twelve months after the Bush administration came into office, the mining companies filed a lawsuit protesting this judgment. The US Fish and Wildlife Service agreed to reconsider the case reasoning that it needed to “make sure that it [had been] based on the best available science.” Some time after the decision was made to reconsider the case, one of the mining companies abandoned its permit. The Fish and Wildlife Service, in its new judgment, concludes that the operation of one mine would not threaten the area’s grizzly bears. [Earth Justice, 1/29/2002; Fish and Wild Service, 5/13/2003; Missoulian, 5/14/2003] The proposed Rock Creek Mine, a copper and silver mine, would be the first large-scale mining operation to take place in a wilderness area. It would remove up to 10,000 tons of materials each day for up to 35 years. Critics argue that traffic brought by the mine and its accompanying roads would harm the local populations of grizzlies and bull trout and contaminate the surrounding watershed. [Fish and Wild Service, 5/13/2003; Missoulian, 5/14/2003; Washington Post, 5/18/2003; Clark Fork Coalition, 7/30/2004] The company that would operate the mine, Sterling Corporation, and its executives have a poor business and environmental record. [Mattera and Khan, 1/2003 pdf file; Clark Fork Coalition, 7/30/2004]

Entity Tags: US Fish and Wildlife Service, Sterling Corporation, Bush administration (43)

Category Tags: Water pollution, Wildlife protection, Mining industry, Mining in the Cabinet Mountains, Key Events

A White House aide tells Congress that the administration overestimated the expected reduction in mercury emissions that would result from the implementation of its “Clear Skies” plan. [Atlanta Journal-Constitution, 6/6/2003] The EPA is under court orders to finalize a mercury reduction plan, which would update the Clean Air Act, by December 15, 2003. The current version of the Clean Air Act has no provisions covering mercury, a byproduct of coal-burning power plants. [New York Times, 7/14/2003] The administration’s “Clear Skies” plan had predicted that if sulfur and nitrogen compound emissions were reduced by 70 percent in 2010 as the plan proposes, there would be a concomitant reduction in mercury pollution from coal power plants to about 26 tons a year nationally. But a revised estimate put the expected reduction between 2 and 14 tons. Since Congress’ current draft of the Clean Air Act had set a reduction target of 22 tons by 2010 based on the plan’s previous figures, energy industry lobbyists and some pro-industry senators are now arguing that the mercury reduction goal should likewise be set to a smaller amount. [Atlanta Journal-Constitution, 6/6/2003]

Entity Tags: Bush administration (43), US Congress

Category Tags: Air pollution, Energy industry, Mercury, Clear Skies, Key Events

Mark ReyMark Rey [Source: USDA]Undersecretary for Natural Resources and the Environment Mark Rey, who heads the US Forest Service, announces that the administration still intends to propose a rule giving state governors increased control over the national forests in their states by allowing them to apply to the federal government for exemptions from the Roadless Area Conservation Rule on a case-by-case basis (see December 23, 2002). Though the Roadless Rule would technically remain on the books, the changes would make it easier for commercial interests to obtain exemptions since industry often has considerable influence in state governments. Rey, a former timber industry lobbyist, reasons: “We have an obligation to protect them. At the same time, we have always welcomed the cooperative participation of state governments that have the broadest possible support.” The announcement comes as a surprise because only a few days earlier Rey said that a temporary rule allowing some exceptions to the Roadless Rule would not be renewed. The proposed rule will be formally announced more than a year later on July 13, 2004 (see July 12, 2004). [US Department of Agricultural, n.d.; Native Forest Network, 5/30/2002; Associated Press, 6/9/2003; Mail Tribune (Medford), 6/11/2003]

Entity Tags: Bush administration (43), Mark E. Rey, US Forest Service

Category Tags: Roadless Rule

Map of Iraqi oil fields included in released documents.Map of Iraqi oil fields included in released documents. [Source: Judicial Watch]The conservative government watchdog group Judicial Watch releases documents recently turned over by the US Commerce Department through a Freedom of Information Act (FOIA) request. The documents show some of the activities of the secretive energy task force chaired by Vice President Dick Cheney (the National Energy Policy Development Group—see May 16, 2001). Cheney and the White House successfully blocked Congress from learning even the most basic information about the task force’s activities (see February 22, 2002). The Commerce Department documents include maps of Iraqi oil fields and oil infrastructure, and other charts showing Iraqi oil and gas projects, and a document entitled “Foreign Suitors for Iraqi Oilfield Contracts.” Other maps and documents show detailed information about oil fields and infrastructure in Saudi Arabia and the United Arab Emirates. All of the documents are dated March 2001. Judicial Watch has sought these documents under FOIA since April 2001, and only secured them after a federal judge ordered their release in March 2002. (The Judicial Watch lawsuit was consolidated with a similar suit from the Natural Resources Defense Council.) Why the government waited over a year to release the documents, even after a court order compelling them to do so, is unclear. “These documents show the importance of the Energy Task Force and why its operations should be open to the public,” says Judicial Watch’s Tom Fitton. “This was not about national security. This was about an undersecretary talking to a lobbyist.” [Judicial Watch, 7/17/2003; Judicial Watch, 7/17/2003; Dubose and Bernstein, 2006, pp. 14-15] Authors Lou Dubose and Jake Bernstein call the Iraqi oil field documents “stunning,” and ask: “Why were the vice president and a group of oilmen poring over maps of Iraq long before there was any pretext to invade the country? Iraq’s oil was technically embargoed and under UN control—why make plans for divvying up oil reserves?” Dubose and Bernstein believe that Cheney may have been planning for US control of Iraq long before the Bush administration’s public push for war with that nation. Fitton is not so sure, but says worriedly: “We don’t know because we weren’t given the context. We have no way of knowing what they were deliberating.” [Dubose and Bernstein, 2006, pp. 14-15] Judicial Watch, with other public interest groups such as the Sierra Club, will continue to seek information about the Cheney task force (see December 15, 2003 and April 27, 2004).

Entity Tags: US Department of Commerce, Lou Dubose, Judicial Watch, Jake Bernstein, National Energy Policy Development Group, Natural Resources Defense Council, Richard (“Dick”) Cheney, Tom Fitton, Sierra Club

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

The Forest Service outsources the work of 47 agency employees of the Content Analysis Team (CAT) to private consulting companies, despite an August 2002 independent study praising the team for its efficiency (see October 2002) and a June 2003 internal analysis concluding that outsourcing would increase the Forest Service’s costs (see June 2004). [Associated Press, 11/14/2003; Missoulian, 11/15/2003; High Country News, 4/26/2004]

Entity Tags: Content Analysis Team (CAT), Bush administration (43)

Category Tags: Outsourcing and privatization, Outsourcing CAT, Key Events

The EPA revises the “New Source Review”(NSR) provision of the Clean Air Act. Previously, the NSR required industrial facilities to install modern pollution controls when they made upgrades to their facilities. However, the provision’s revised definition of “routine maintenance” will exempt some 17,000 older power plants, oil refineries and factories from being required to install pollution controls when they replace equipment, provided that the cost does not exceed 20 percent of the replacement cost of what the EPA broadly defines as the entire “process unit.” This restriction basically allows industries to replace entire plants one-fifth at a time with no concomitant responsibility to controlling its emissions. This applies even to circumstances where the upgrades increase pollution. It is estimated that the revised rule could save billions of dollars for utilities, oil companies and others. Industry has spent the last two years heavily lobbying the White House for this rollback. [Reuters, 8/28/2003; Associated Press, 8/28/2003] New York Attorney General Eliot Spitzer promises to sue the administration, telling reporters, “This flagrantly illegal rule will ensure that… Americans will breathe dirtier air, contract more respiratory disease, and suffer more environmental degradation caused by air pollution.” [Reuters, 8/28/2003]

Entity Tags: Eliot Spitzer, Bush administration (43), Environmental Protection Agency

Category Tags: Air pollution, Coal Industry, New Source Review, Key Events

A study of about 14,000 workers in England who have been exposed to formaldehyde fails to demonstrate a link between formaldehyde and leukemia. [Los Angeles Times, 5/21/2004]

Category Tags: Formaldehyde, Formaldehyde Rule

The National Cancer Institute publishes a study demonstrating that 25,000 workers exposed to formaldehyde had an increased risk of leukemia. The EPA will ignore the results of this study when it creates a new federal rule regulating formaldehyde emissions in February 2004 (see September 2002). [Los Angeles Times, 5/21/2004]

Entity Tags: National Cancer Institute, Environmental Protection Agency

Category Tags: Formaldehyde, Formaldehyde Rule

Environmental Protection Agency (EPA) officials announce during an internal meeting of EPA enforcement officials in Seattle and during a conference call the following day that current cases involving violations of the Clean Air Act will be judged according to the agency’s new interpretation of the New Source Review (see August 27, 2003) —to go into effect in December (see December 2003) —instead of the old, more stringent rules that were in use at the time the violations occurred. [Los Angeles Times, 11/6/2003; New York Times, 11/6/2003; US Congress, 2/6/2004] The backroom decision contradicts what EPA air official Jeff Holmstead told a Senate committee in 2002. “It is certainly our intent to make these (rules) prospective only,” he claimed at the time. [USA Today, 11/6/2003] According to lawyers at the EPA, the agency’s decision will likely result in the EPA dismissing investigations into 50 coal-burning power plants for past violations of the Clean Air Act. According to the lawyers, the changes—based on recommendations from Vice President Dick Cheney’s energy task force—could save the industry up to $20 billion. However in its official statement on November 5, the EPA says that no formal decision has been made to dismiss all the investigations, claiming that it would review each “on a case-by-case basis to determine whether it will be pursued or set aside.” [New York Times, 11/6/2003]

Entity Tags: Richard (“Dick”) Cheney, Jeffrey Holmstead, Environmental Protection Agency, Bush administration (43)

Category Tags: Air pollution, Public health, Environmental enforcement, New Source Review

The US Fish and Wildlife Service accepts the blame for a government policy that resulted in the largest fish kill in history. The US Fish and Wildlife Service admits that its decision (see April 2002) to authorize a water diversion in the Upper Klamath Basin for the benefit of commercial agriculture, trapped migrating Chinook, Coho salmon, and other species in stagnant water, killing some 33,000 fish (see September 2002). [US Fish and Wildlife Service, 11/7/2003 pdf file; San Francisco Chronicle, 11/19/2003]

Entity Tags: Bush administration (43), US Fish and Wildlife Service

Category Tags: Wildlife protection, Agribusiness, Klamath Basin Fish Kill

EPA officials complete a draft proposal outlining plans to revise the conclusion of a court-ordered December 2000 EPA study which had determined that mercury emissions “pose significant hazards to public health and must be reduced.” As a result of the 2000 study, the agency had been ordered to propose a “maximum achievable control technology” (MACT) standard for all coal-burning power plants by December 15, 2003. [Environmental Protection Agency, 12/14/2000; Environmental Protection Agency, 6/7/2003; Associated Press, 12/2/2003; Washington Post, 12/3/2003] But instead of complying with this mandate, the EPA’s current draft proposal on the regulation of mercury emissions attempts to modify the December 2000 conclusion claiming that it had been based on a misreading of the Clean Air Act. Citing a different provision in the Clean Air Act, the draft proposal recommends a flexible regulatory approach that is more acceptable to industry. It suggests a market-based mandatory “cap and trade” program permitting utility companies to purchase emissions “credits” from cleaner-operating utilities to meet an industry-wide standard. It is estimated that their plan would reduce mercury emissions to 34 tons a year by 2010, or about 30 percent below current levels. But this is a much higher cap than the 26-ton limit initially specified in the White House’s “Clear Skies” initiative (see June 5, 2003). The White House claims that by 2018 their “cap and trade” plan would result in a mercury emissions reduction of 70 percent, which is significantly less than the 90 percent reduction that would otherwise be achieved within 3 or 4 years, if the EPA were to keep to the original December 2000 ruling. [Associated Press, 12/2/2003; Washington Post, 12/3/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency

Category Tags: Air pollution, Energy industry, Mercury, Clear Skies

The National Park Service issues a final rule announcing that the number of snowmobiles permitted in Yellowstone Park will be restricted to 950 per day when parks open for the winter season on December 17. Eighty percent of the sleds must be commercially guided and meet “best available technology” (BAT) requirements. The remaining twenty percent will not have to be BAT. For the 2004-2005 winter, regulations on the maximum daily number of snowmobiles will remain the same, except that all snowmobiles will be required to meet BAT standards. Similar rules will be imposed on the use of snowmobiles in Grand Teton National Park and the John D. Rockefeller, Jr., Memorial Parkway. [National Park Service, 12/11/2003] The decision is made in spite of the fact that independent federal studies had previously determined that reversing the Clinton-era phase-out would result in a significant increase of carbon monoxide pollution and nitrogen oxide emissions. [Caspar Star Tribune, 2/21/2003]

Entity Tags: Bush administration (43), National Park Service (NPS), Yellowstone National Park, Grand Teton National Park

Category Tags: National Parks, Snowmobile Industry, Snowmobile regulation, Key Events

The US Supreme Court agrees to hear Vice President Cheney’s appeal of a lower court ruling that found he must reveal documents pertaining to his 2001 energy task force (the National Energy Policy Development Group—see January 29, 2001 and May 16, 2001). Cheney lost the case, filed by the conservative government watchdog group Judicial Watch and the environmentalist organization the Sierra Club, in two lower courts, and has ramrodded the case into the Supreme Court with unusual alacrity—filing the Supreme Court appeal even before the appeals court had finished the case. Cheney’s lawyers from the Justice Department will argue that because of the Constitutional provision of separation of powers, the executive branch can and should keep all such information secret if it so chooses. Judicial Watch and the Sierra Club insist that because energy executives and lobbyists were involved in the task force policy deliberations, federal law mandates that lists of participants and details of the meetings should be made public. Over a year ago, District Court Judge Emmet Sullivan ruled that the White House should either turn over the documents or provide a detailed list of the documents it was withholding, and explain why. The White House has done neither, and instead appealed the decision. The US Court of Appeals refused to overturn Sullivan’s decision and ruled that Cheney had no legal standing to refuse the judicial order. Cheney disagreed, and appealed to the Supreme Court. The Court will hear arguments in the spring of 2004 (see April 27, 2004). Thousands of documents concerning the task force from the Department of Energy, the Environmental Protection Agency, and other federal agencies have already been turned over (see July 17, 2003), but no White House documents have been released. The Sierra Club has accused the Bush administration of trying to delay release of the information until after the November 2004 presidential elections. [Reuters, 12/15/2003]

Entity Tags: US Supreme Court, US Department of Justice, Sierra Club, Environmental Protection Agency, Emmet Sullivan, Bush administration (43), US Department of Energy, Judicial Watch, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Corruption, Corporate welfare, Politicization and deception, Superfund sites and clean-up, Cheney Energy Task Force

The US Forest Service quietly announces its decision to allow the construction of roads on 3 percent of the 9.3 million acres in the Tongass National Forest in Alaska, opening up the once protected forest to possible logging and mining. [Associated Press, 12/23/2003; Seattle Post-Intelligencer, 12/24/2003] “It allows us to maintain a stable supply of raw materials, in the form of logs, for our small, community-centered mills scattered throughout the 32 communities of southeast Alaska,” explains Dennis Neill, public affairs officer for the National Forest Service. “It’s a viable forest with vast stretches of functional ecosystem that’s going to stay that way. We’re very dedicated to keeping this forest as a functional ecosystem.” [Seattle Post-Intelligencer, 12/24/2003] The decision was made by the Forest Service in consultation with Agriculture Department officials and the White House Office of Management and Budget after Alaska’s governor sought an exemption from the Clinton-era Roadless Rule claiming that it violates the Alaska National Interest Lands Conservation Act, the Wilderness Act, the National Environmental Policy Act and the National Forest Management Act. [Associated Press, 12/23/2003] The decision ignores some 2 million public comments in favor of upholding the Roadless Rule in Tongass. Critics warn that building roads will harm salmon runs by silting up streams and blocking access to spawning grounds. Additionally it will give hunters increased access to wolves, bears and other animals in remote parts of the forest. And though the Forest Service says that logging will be confined to no more than 3 percent of the Tongass, environmental groups say that since the parcels to be logged are so spread out, the access roads could ultimately disturb four times that figure. [Seattle Post-Intelligencer, 12/24/2003]

Entity Tags: US Forest Service, Office of Management and Budget, Bush administration (43), US Department of Agriculture

Category Tags: Timber industry, Roadless Rule, Key Events

The National Institute of Occupational Safety and Health completes a study of 10,000 workers who have been exposed to formaldehyde and find that they have an increased risk of leukemia. Though not published until March, it is posted on the institute’s website in early 2004. The EPA does not consider the results of this study when it creates a new federal rule for regulating formaldehyde emissions in February 2004 (see September 2002). [Los Angeles Times, 5/21/2004]

Entity Tags: Environmental Protection Agency, National Institute for Occupational Safety and Health (NIOSH)

Category Tags: Formaldehyde, Formaldehyde Rule

The US Office of Surface Mining (OSM) announces that it intends to “clarify” the buffer zone rule of the Surface Mining Act of 1977, which governs permits for coal strip mines that are located within 100 feet of a stream. The Bush administration disagrees with the current interpretation of the rule which prohibits mining near streams unless it can be shown that the activities will not “adversely affect the water quantity and quality or other environmental resources of the stream.” The White House claims that the buffer zone rule is confusing and its current application too restrictive on the coal mining industry. Instead, the administration proposes a policy that would call on coal operators to minimize the impact on streams “to the extent possible, using the best technology currently available.” Critics warn that the proposed “clarification” would encourage a method of surface mining known as “mountaintop mining,” which involves the removal of mountaintops to expose coal seams. The method is extremely destructive to the environment because the resulting debris is bulldozed into nearby valleys, often completely burying streams in a practice known as “valley fill.” [Associated Press, 1/7/2004; Department of the Interior, 1/7/2004 pdf file; Charleston Gazette, 1/8/2004; Environmental News Network, 1/8/2004; New York Times, 1/13/2004; Los Angeles Times, 1/18/2004]

Entity Tags: US Office of Surface Mining (OSM), Bush administration (43)

Category Tags: Water pollution, Mountaintop Mining, Key Events

The Environmental Protection Agency (EPA) meets its February 27, 2004 deadline to come up with a new federal rule regulating formaldehyde emissions. Ignoring the opinion of experts, the EPA did not take into account the findings of two recent studies (see November 2003) (see Early 2004) that had found that workers who were exposed to formaldehyde were at an elevated risk of leukemia. The EPA said it did not have time to incorporate the two findings before the deadline. Though extensions for such deadlines are often given, the agency did not request one. Instead, the EPA relied on a cancer risk assessment by the Chemical Industry Institute of Toxicology, a private, nonprofit research organization, funded primarily by chemical companies. That assessment was about 10,000 times weaker than the level previously used by the EPA in setting standards for formaldehyde exposure. The new federal rule is modeled on a proposal that had been designed by a lobbyist for the wood products industry (see January 14, 2002). It creates a new category of “low-risk” plants, which gives the agency the authority to decide on a plant-by-plant basis which facilities pose a risk to public health. It initially exempts eight wood products plants from having to install pollution controls for formaldehyde and other emissions, but could eventually extend the exemptions to 147 or more of the 223 facilities nationwide. The exemption allows qualifying plants to legally skirt pollution-control requirements that had been mandated by a 1990 amendment to the Clean Air Act requiring all large industrial plants to use “best available” technology in order to reduce emissions of 189 substances. Though backers of the new rule claim that it does not violate the amendment, the lawmakers who wrote the legislation disagree. “I don’t have any doubt but that is a way to get around the policy which we worked hard to achieve,” former Sen. David F. Durenberger (R-Minn.) will tell the Los Angeles Times in May. Rep. Henry A. Waxman (D-Los Angeles) similarly says the exemption is “directly contrary to our intent.” The new rule will save the industry as much as $66 million annually for about 10 years in potential emission control costs. [Los Angeles Times, 5/21/2004]

Entity Tags: Bush administration (43), David F. Durenberger, Environmental Protection Agency, Henry A. Waxman

Category Tags: Air pollution, Public health, Timber industry, Formaldehyde, Formaldehyde Rule, Key Events

The Supreme Court convenes to hear arguments in Vice President Cheney’s appeal of a judicial order to reveal information about his secret energy task force (see December 15, 2003). Justice Antonin Scalia has recently returned from a duck hunting trip with Cheney; though critics demand he recuse himself to avoid charges of conflict of interest, Scalia refuses. The plaintiffs, conservative watchdog organization Judicial Watch and progressive environmental group Sierra Club, are heavily represented in the courtroom, and friends and supporters jam the courthouse steps. Solicitor General Theodore Olson, arguing for the government, posits that the White House enjoys a “constitutional immunity” that protects the executive branch from all requests for information unless the president himself is under criminal investigation. If the Federal Advisory Committee Act (FACA) forces the president to make public any advice he or other White House officials have received, or even to make that information available to a judge (see August 2, 2002), FACA itself is unconstitutional, Olsen argues. “This is a case about separation of powers,” he says. Neither Congress nor the judiciary can force the president or his officials to disclose information to a judge, not even on a very limited basis to determine whether a lawsuit can proceed—a process called discovery. “We are submitting that the discovery itself violates the Constitution,” Olson asserts. Justice Ruth Bader Ginsburg is taken aback by the sweep of his claim, which, if accepted, would gut the ability of the courts to review any civil lawsuit involving the executive branch. “All discovery?” she asks. “Yes,” Olson replies. Throughout the questioning, most of the justices seem sympathetic to the administration’s general constitutional concerns, but uncomfortable with siding entirely with the White House’s sweeping claims of inherent legal immunity from scrutiny. [Savage, 2007, pp. 166-167] The oral arguments will continue for weeks (see April 27, 2004).

Entity Tags: Ruth Bader Ginsburg, Federal Advisory Committee Act, Antonin Scalia, Judicial Watch, Richard (“Dick”) Cheney, Theodore (“Ted”) Olson, National Energy Policy Development Group, US Supreme Court, Sierra Club

Timeline Tags: Civil Liberties

Category Tags: Cheney Energy Task Force

The Supreme Court hears oral arguments for and against the release of records pertaining to Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The case is Cheney v. US District Court for the District of Columbia (03-0475) (see December 15, 2003). Two public interest groups, the environmentalist Sierra Club and the conservative government watchdog organization Judicial Watch, have joined to argue for the release of the records, saying that because the task force deliberations included energy industry executives and lobbyists, the task force is subject to the Federal Advisory Committee Act (FACA), which requires disclosure of the work of advisory groups that include non-federal employees. Bush administration lawyers, spearheaded by Solicitor General Theodore Olson, argue that releasing those records would violate the concept of “separation of powers.” The administration also argues that releasing the records, most pertinently the meetings between Cheney, his aides, and officials from energy corporations and lobbying firms, would damage the White House’s ability to receive candid advice. “This case is about the separation of powers and the president’s discretion to receive the opinions of subordinates,” Olson tells the court; Olson has resisted submitting task force documents even to the Court, saying that even that so-called “discovery” process would violate the Constitutional separation of powers. Lawyers for the Sierra Club and Judicial Watch argue that Cheney’s contacts with industry executives and lobbyists were improper while he was developing government policy that benefited their businesses. They are demanding to know whether energy lobbyists helped shape the government’s long-term energy policies. Lower courts agreed with Judicial Watch and the Sierra Club, and Cheney, with the Justice Department, has successfully ramrodded the case into the Supreme Court with unprecedented speed.
Justices Question Breadth of Requests - Justice Antonin Scalia, who refused to recuse himself from deliberations after accompanying Cheney on a duck-hunting trip in January, is one of the justices most favoring the government’s case. But even more moderate justices such as Stephen Breyer and Ruth Bader Ginsburg question whether the information request is too broad and inclusive. As for the White House, it argues that neither the courts nor Congress have any right to make any inquiries into the decisions of federal agencies and officials. Sierra Club lawyer David Bookbinder says the White House appears to have violated laws supporting open government: “What the panel said to energy executives was: Help us decide what the energy policy should be. A line has been crossed because the process should have been transparent. The panel was inordinately influenced by the energy industry.” Cheney has said that the executive branch must defend itself against the “continual encroachment by Congress.” The White House has already turned over some 40,000 documents from the task force after a lower court ruling compelled it to do so (see July 17, 2003), but the lawsuit before the Supreme Court says that another 100,000 potentially relevant documents and files remain secret. [MSNBC, 4/26/2004; New York Times, 4/28/2004; CNN, 6/24/2004]
Cheney 'Beyond the Reach of the Law?' - In a legal analysis of the case, former Nixon White House counsel John Dean calls the case “extraordinary,” and notes that Cheney “contends that he is, in essence, beyond the reach of the law. It began as a set of rather pedestrian discovery matters in two consolidated civil lawsuits. Now, however, because of Cheney’s stance, it could be a landmark Constitutional decision.” Dean sees the case as an opportunity for Cheney, with the assistance of Olson and Scalia, “to expand executive powers.” [FindLaw, 3/26/2004]
Case Sent Back to Lower Court - The Court will vote to send the case back to the District of Columbia Appeals Court for further adjudication (see June 24, 2004). That court will rule in Cheney’s favor (see May 10, 2005).

Entity Tags: Stephen Breyer, Sierra Club, US Department of Justice, Ruth Bader Ginsburg, Theodore (“Ted”) Olson, US Supreme Court, Richard (“Dick”) Cheney, Judicial Watch, Antonin Scalia, David Bookbinder, Bush administration (43), John Dean, Federal Advisory Committee Act, National Energy Policy Development Group

Timeline Tags: Civil Liberties

Category Tags: Corruption, Corporate welfare, Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

Michael Kelly, a federal biologist with the National Oceanic and Atmospheric Administration, resigns complaining that “threatened coho salmon in the Klamath basin still do not have adequate flow conditions to assure their survival” and that his recommendations continue to be politicized by higher-ups. Kelley had previously blown the whistle on the Bureau of Land Management (BLM) after they had twice rejected the recommendations of a team he headed for the National Marine Fisheries Service (see April 2002). The BLM decision to ignore the recommendations led to the death of 33,000 steelhead and federally protected salmon in the Klamath River (see September 2002), the largest fish kill in US history. More recently, Kelly explains, his regional manager, Jim Lecky, has attempted to overide a study he conducted concluding that a levee repair proposed by the California Department of Fish and Game on the 120-acre Eel River Wildlife Area would endanger California Coastal Chinook salmon and adversely impact Dungeness crab, herring, larval rockfish, eelgrass, other salmonids and the overall ecosystem. “[A]ny amount of caution would dictate that this project never be considered,” he says in a resignation letter he will release on May 19. He says the motivation behind the project appears to be concentrating “certain species of ducks into a smaller area for hunting purposes.” Kelly adds that his position is supported by fisheries biologists within the Department of Fish and Game as well as local wetland scientists and ornithologists. He will also say in his letter that there is low morale among the NOAA Fisheries staff in the region and that his colleagues are “embarrassed and disgusted by the agency’s apparent misuse of science.” [PEER, 5/19/2004; Kelly, 5/19/2004; Associated Press, 5/20/2004]

Entity Tags: Jim Lecky, Michael Kelly

Category Tags: Wetlands, Appointments and resignations, Endangered species, Klamath Basin Fish Kill

The US Army Corps of Engineers relaxes water quality and stream protections for mountaintop removal mining without consulting the Environmental Protection Agency (EPA). According to internal agency “guidance” obtained by Inside EPA, the Corps has recommended its staff to approve proposed clean water projects that would allow sewers and constructed ditches—rather than newly created streams, wetlands or water habitat—to qualify as mitigation projects replacing streams buried by mining operations. [Inside EPA, 5/2004; Natural Resources Defense Council, 12/31/2005] Commenting on the policy, Natural Resources Defense Council attorney Daniel Rosenberg says, “As if letting coal companies get away with destructive mountaintop removal mining isn’t bad enough; the Bush administration says it’s a fair trade to replace buried pristine natural streams with sewers and ditches.” [Natural Resources Defense Council, 12/31/2005]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Army Corps of Engineers

Category Tags: Water pollution, Mountaintop Mining, Key Events

The Forest Service conducts an internal analysis which concludes that outsourcing the work of its Content Analysis Team (CAT) (see March 2003) will not save US taxpayers any money. In fact, the study estimates that hiring private consultants would cost approximately $425,000 more than keeping the work in-house. [Associated Press, 11/14/2003; Missoulian, 11/15/2003; High Country News, 4/26/2004] No study is conducted to determine whether outside consultants could do the work better than the Forest Service’s experts. [High Country News, 4/26/2004]

Entity Tags: US Forest Service, Content Analysis Team (CAT), Bush administration (43)

Category Tags: Outsourcing and privatization, Outsourcing CAT

The US Court of Appeals rules on a lawsuit brought against the EPA by two environmental groups who argued that a 2002 EPA rule requiring snowmobile manufactures to cut tailpipe emissions by 50 percent by 2012 was too lenient. The snowmobile industry argued that the EPA did not even have the authority to impose pollution limits on new snowmobiles. The court disagrees with the industry’s argument and rules on the side of the environmentalists. The three-judge panel questions the logic behind the EPA decision that 30 percent of new snowmobiles should be exempt from clean engine requirements and tells the agency that it needs to provide additional information. The industry claimed that 100 percent compliance would cost the industry too much and force manufacturers to stop making certain models. But the court sees nothing wrong with requiring manufactures to discontinue older models equipped with dirty engines. [Associated Press, 6/1/2004]

Entity Tags: Environmental Protection Agency

Category Tags: National Parks, Snowmobile regulation

The Supreme Court rules in the case of Cheney v. US District Court for the District of Columbia (03-0475), in which two organizations, Judicial Watch and the Sierra Club, are attempting to force the White House to reveal information about the secret deliberations of Vice President Cheney’s energy task force (see April 27, 2004). Neither side gets what it asks for in the 7-2 ruling, as the Court sends the case back to the US Court of Appeals for further adjudication, with an order for that court to take a second look at its ruling that Cheney must allow a judge to review the task force documents (see August 2, 2002). Five justices—Stephen Breyer, Anthony Kennedy, Sandra Day O’Connor, Chief Justice William Rehnquist, and John Paul Stevens—vote to send the case back to the appeals court. Two justices, Ruth Bader Ginsburg and David Souter, vote to send the case all the way back to the original trial court, concurring with the majority. The Court’s two most conservative justices, Antonin Scalia and Clarence Thomas, vote to resolve the matter entirely in Cheney’s favor. Judge Anthony Kennedy, writing for the majority, instructs the appeals court—and all other courts who might subsequently hear such a case—to use a legal standard far more aligned with the executive branch’s claim of immunity from disclosure. Courts must afford “presidential confidentiality the greatest protection consistent with the fair administration of justice,” Kennedy writes, to protect the executive branch from being sued. Former Nixon White House counsel John Dean will later write that the Court may have avoided making a firm ruling because it did not want to wrangle with the issue of separation of powers, and the privilege of executive branch secrecy, in an election year. While most media and court observers call the decision a “punt” of little import, at least one, former Justice Department official Shannen Coffin, sees it differently. In a column for the National Review, Coffin celebrates the ruling, writing that due to “the vice president’s resolute assertion that he and the president should have the right to receive in confidence the advice necessary to the performance of their duties,” the White House has won a “major victory” in expanding its power to keep its procedures secret, regardless of the appeals court’s eventual ruling (see May 10, 2005). [National Review, 6/25/2004; FindLaw, 7/2/2004; Savage, 2007, pp. 167-168] The appeals court will agree with Thomas and Scalia, and rule in Cheney’s favor (see May 10, 2005).

Entity Tags: Sandra Day O’Connor, Sierra Club, William Rehnquist, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, John Paul Stevens, National Energy Policy Development Group, Richard (“Dick”) Cheney, Anthony Kennedy, Clarence Thomas, Bush administration (43), John Dean, Judicial Watch, Antonin Scalia, David Souter

Timeline Tags: Civil Liberties

Category Tags: Corruption, Corporate welfare, Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

Agriculture Secretary Ann Venemana announces the proposal of a new federal rule that would overturn the Roadless Rule introduced by Clinton in January 2001. The Roadless Rule banned the construction of roads in 58.5 million acres, or nearly one-third, of the nation’s forests. The administration claims that the motivation behind the new rule is to give states a say in the management of their lands. Under the new rule, state governors would presumably help decide whether areas in their own states should be opened to commercial activity like logging or oil and gas drilling. But for the first 18 months the rule is in effect, the US Forest Service would have the final authority on all decisions. After that, local Forest Service plans, which typically would allow road building and logging on the areas currently designated as roadless, would be reinstated. Governors opposed to any of these plans would have to petition the Agriculture Department in a complicated, two-step process. [San Francisco Chronicle, 7/13/2004; San Francisco Chronicle, 7/13/2004; Washington Post, 7/13/2004; Juneau Empire State News, 7/13/2004; Salt Lake Tribune, 7/14/2004]

Entity Tags: Ann Venemana, US Department of Agriculture, Bush administration (43)

Category Tags: Energy industry, Timber industry, Roadless Rule, Key Events

In an 8-0 ruling, the District of Columbia Court of Appeals dismisses a lawsuit by the Sierra Club and Judicial Watch asking that the court require information to be disclosed from Vice President Cheney’s energy task force from 2001 (the National Energy Policy Development Group—see May 16, 2001). The US Supreme Court sent the case back to the appeals court (see April 27, 2004 and June 24, 2004). The appeals court ignores reports from the Government Accountability Office finding that energy executives and lobbyists took part in the task force deliberations (see After January 20, 2001, Mid-February, 2001, March 21, 2001, March 22, 2001, April 12, 2001, and April 17, 2001), and accepts the government’s contentions that the executive branch should not be forced to disclose information about its workings to either the legislative or judicial branches. Because no evidence was submitted that showed the energy executives or lobbyists cast votes or exercised veto power over task force decisions, the court rules, the task force is not obligated to comply with federal laws mandating that such governmental working groups reveal details of their deliberations. The executives and lobbyists are essentially no different than staff aides, the court finds. Cheney’s energy task force was not an advisory committee, and therefore “the government owed the plaintiffs no duty, let alone a clear and indisputable or compelling one,” says the court’s opinion. The court applies the Supreme Court’s standard of law as recommended in the case, a standard far more favorable to the executive branch than any previously applied in the case. Several of the appellate judges will later say that they took the Court ruling to mean that the judiciary should not be involved in a legal struggle with the executive branch. The ruling allows Cheney to keep the task force documents secret, and says that the task force is not bound by the Federal Advisory Committees Act (FACA). [Associated Press, 5/10/2005; Savage, 2007, pp. 176]
'Double Blow' - David Bookbinder, a lawyer for the Sierra Club, says, “The decision is not going to be helpful in assuring open and accountable government.” [Sierra Club, 5/15/2005] He says the ruling is a double blow: “As a policy matter, we see the Bush administration has succeeded in its efforts to keep secret how industry crafted the administration’s energy policy. As a legal matter, it’s a defeat for efforts to have open government and for the public to know how their elected officials are conducting business.” Judicial Watch official Chris Farrell will later say the ruling leaves the open-government laws “a hollow shell.” [Savage, 2007, pp. 176] The New York Times calls the decision “regrettable,” and observes, “The Bush administration hardly needs encouragement to deny public access to vital government information.” [New York Times, 5/15/2005]
Rejected Judicial Precedent - In 2007, author and reporter Charlie Savage will write: “The decision relied entirely upon the assertion of two Cheney aides that the lobbyists had not cast any votes, a claim no judge ever verified by looking at the records. The court’s ruling also dismissed arguments that ‘influential participation’ by outsiders made them de facto members of the task force whether or not they cast votes, rejecting the standard the courts had applied to the 1994 Clinton health care task force.” [Savage, 2007, pp. 176]

Entity Tags: Sierra Club, New York Times, Government Accountability Office, Judicial Watch, Bush administration (43), David Bookbinder, Federal Advisory Committees Act, National Energy Policy Development Group, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

Congress passes the Energy Policy Act (EPA) of 2005. The EPA is the product of the secret Cheney energy task force (see January 29, 2001 and May 16, 2001). The act provides $14.5 billion in tax breaks for corporate energy providers, primarily oil, coal, and nuclear power companies. It contains an array of odd and obscure provisions helping industrialists, many generated by the lobbyists and corporate executives who helped craft the bill (see May 10, 2005). It does nothing to discourage consumption by raising fuel efficiency standards, and does little to address the sharply rising price of oil. What it does, primarily, is give huge financial and regulatory breaks to the energy industry. [Savage, 2007, pp. 360]

Entity Tags: Richard (“Dick”) Cheney, National Energy Policy Development Group

Category Tags: Corporate welfare, Energy industry, Oil and gas industry, Coal Industry, Cheney Energy Task Force

A White House document shows that oil company executives lied in recent Senate hearings when they denied meeting with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001) in 2001. The document, obtained by the Washington Post, shows that officials from ExxonMobil, Conoco (before it merged with Phillips), Shell Oil, and British Petroleum met with the task force (see March 22, 2001). Last week, the CEOs of ExxonMobil, Chevron, and ConocoPhillips denied participating in the task force’s deliberations. Shell Oil’s CEO said his company did not participate “to my knowledge,” and the chief of BP America said he did not know. Though Chevron is not named in the White House document, that firm and others “gave detailed energy policy recommendations” to the task force, according to the Government Accountability Office. Cheney also met separately with John Browne, BP’s chief executive, in a meeting not included in the document. Environmentalists have long stated that they were almost entirely shut out of the deliberations, while corporate interests were heavily represented (see April 4, 2001). The Supreme Court ruled in 2004 that the government could keep the records of the task force secret (see June 24, 2004). Senator Frank Lautenberg (D-NJ) says, “The White House went to great lengths to keep these meetings secret, and now oil executives may be lying to Congress about their role in the Cheney task force.” Since the oil executives were not under oath—a decision by Senate Commerce Committee chairman Ted Stevens (R-AK) protested by committee Democrats—they cannot be charged with perjury. However, they can be fined or imprisoned for up to five years for making “any materially false, fictitious or fraudulent statement or representation” to Congress. After the Washington Post releases the document, former Conoco manager Alan Huffman confirms, “We met [with the task force] in the Executive Office Building, if I remember correctly.” A ConocoPhillips spokesman says that CEO James Mulva had been unaware of the meetings when he testified at the hearing. ExxonMobil says it stands by CEO Lee Raymond’s denials; James Rouse, an Exxon official named in the document (see Mid-February, 2001), denies meeting with the task force, calling the document “inaccurate.” [Washington Post, 11/16/2005]

Entity Tags: Frank R. Lautenberg, Ted Stevens, Chevron, British Petroleum, Alan Huffman, ExxonMobil, Royal Dutch/Shell, US Supreme Court, National Energy Policy Development Group, Government Accountability Office, James Mulva, ConocoPhillips, John Browne, Lee Raymond, Richard (“Dick”) Cheney, James Rouse

Category Tags: Corruption, Corporate welfare, Politicization and deception, Energy industry, Oil and gas industry, Cheney Energy Task Force

The Bush administration’s budget request for fiscal year 2007 proposes an 80 percent cut to the EPA’s library budget. The White House wants to trim it down from $2.5 million to half a million dollars. To meet this lean budget, the EPA intends to eliminate its electronic catalog, which tracks some 50,000 documents and studies that are available nowhere else, and shut down its headquarters library and several of its regional libraries. The EPA manages a network of 28 libraries from its Washington headquarters and has 10 regional offices nationwide. The libraries are used primarily by EPA scientists, regulators, and attorneys to enforce existing environmental regulations, develop new regulations, track the business histories of regulated industries, and research the safety of chemicals and the potential environmental effects of new technologies. [PEER, 2/10/2006] Though the EPA insists the closures are necessary to trim costs, internal studies have reportedly shown that providing full library access to its researchers saves an estimated 214,000 hours in professional staff time worth some $7.5 million annually. [PEER, 6/29/2006] Patrice McDermott, deputy director of the Office of Government Relations, says the proposed cuts would put “at risk important environmental information and the public’s ability to access the information they need to protect their health and safety.” [Federal Computer Week, 3/13/2006]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Category Tags: Environmental enforcement, EPA library closures

After critics complain that the EPA’s plan to eliminate its electronic catalog would make it impossible for researchers to locate any of the libraries’ holdings within the network, the EPA announces that it will restore the $500,000 that Bush’s proposed 2007 budget wants to cut for this service. But to offset this amount, the agency says it will have to make even deeper cuts elsewhere in its library budget. [PEER, 3/16/2006] In February, the Bush administration’s 2007 budget request proposed cutting the EPA’s library budget 80 percent by closing many of its libraries (see Early February 2006).

Entity Tags: Environmental Protection Agency

Category Tags: Environmental enforcement, EPA library closures

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