Sup State rights?  Nice to have known ya!

-Cameron

On 7/23/08, Larry Lyons <[EMAIL PROTECTED]> wrote:
> http://antiwrap.com/x4887bbd344a5c
>
> Another case of Bush political appointees trying to fudge environmental
> rules.  The sad part of this is that these stories are now coming out almost
> daily. I've not included 3 other similar stories I've read today.
>
> Ex-EPA Official Says White House Pulled Rank
> Administration Ordered Calif. Emissions Plan Quashed, Former Deputy
> Testifies
>
> By Juliet Eilperin
> Washington Post Staff Writer
> Wednesday, July 23, 2008; A04
>
> A former Environmental Protection Agency official yesterday contradicted EPA
> administrator Stephen L. Johnson's congressional testimony on one of the
> administration's key global warming decisions, saying the White House
> ordered Johnson to block California's bid to regulate vehicles' tailpipe
> emissions.
>
> On Jan. 24, Johnson told the Senate Environment and Public Works Committee
> under oath that he had made the decision on his own after determining there
> was no compelling evidence to justify California's plans. "The
> responsibility for making the decision for California rests with me and
> solely with me," Johnson said at the time. "I made the decision. It was my
> decision. It was the right decision."
>
> Yesterday, however, former EPA deputy associate administrator Jason K.
> Burnett -- who resigned last month and has since divulged key details about
> how President Bush and his deputies have influenced the agency's decisions
> on climate policy -- testified before the committee that Johnson had
> concluded that California's request was legally justified -- until White
> House officials ordered him to reverse the decision.
>
> California had sought a waiver under the Clean Air Act to implement rules
> aimed at cutting greenhouse gas emissions from vehicles by 30 percent
> between 2009 and 2016. Johnson announced in late December that he would not
> grant the waiver, effectively blocking 17 other states that had either
> adopted or pledged to implement California's proposed rules.
>
> Burnett told the panel that Johnson had concluded that California had met
> the legal requirement for a waiver by showing it faced "compelling and
> extraordinary circumstances" in light of the threat that climate change
> poses to the state.
>
> "There was no reasonable defense of a denial," Burnett said, adding that
> Johnson had initially agreed to grant California a "partial waiver" lasting
> several years.
>
> Johnson reversed course after consulting with the White House, Burnett
> recalled. After several conversations with White House officials about the
> possibility that the waiver could lead states to impose varying fuel economy
> standards, "the administrator knew the president's preference for a single
> standard," Burnett said.
>
> In his January appearance before the committee, Johnson said he based his
> decision to refuse the waiver on the fact that "California does not meet the
> compelling and extraordinary conditions" to seek the exemption.
>
> Johnson also testified about the waiver decision before the House Oversight
> and Government Reform Committee on May 20, making similar statements and
> refusing to discuss conversations he had on the matter with either Bush or
> his top aides on the grounds that it would violate executive privilege. EPA
> spokesman Jonathan Shradar said Johnson had undergone "a long process" of
> thinking through how to treat California's request before ultimately
> deciding that it was unwarranted.
>
> "The administrator has said it was his decision and his alone," Shradar
> said, adding that it was not surprising that he engaged in a back-and-forth
> discussion with his staff. "You don't just wake up and say, 'This is the
> decision.' "
>
> Sen. Barbara Boxer (D-Calif.), who chairs the Senate committee, said
> Burnett's testimony "raises serious concerns about the account of events
> provided to the committee, including statements by Administrator Johnson."
>
> Saying she believed Bush took "unlawful" action in refusing to regulate
> greenhouse gases linked to global warming, Boxer said she would continue
> pressing to get a full accounting of how the White House has shaped national
> climate policy. "We're going to get to the truth," Boxer said.
>
> Burnett, a 31-year old heir to a Silicon Valley fortune who showed up for
> his Senate appearance with a personal public relations representative by his
> side, has infuriated many Bush administration officials with his revelations
> about White House actions on climate policy. More than half a dozen EPA
> career officials interviewed this month, all of whom spoke on the condition
> of anonymity, remembered Burnett as an administration loyalist who
> repeatedly sided with the White House while at the agency and gave no hint
> he was dissatisfied with Bush's approach to global warming.
>
> "Jason, all of a sudden, has found his voice," one career official said
> wryly. "Jason Burnett was part of making these policies. When he was at EPA
> he did not have the conscience he's expressing now, this green conscience."
>
> Bush officials emphasize that Burnett -- who has donated more than $120,000
> to Democratic candidates in recent years -- no longer represents the
> administration.
>
> "I think everyone concedes that if Jason Burnett was the administrator, he
> would have taken a different route," said White House spokesman Tony Fratto.
> "But he's not the administrator."
>
> Boxer's staff is reviewing the discrepancies between Johnson's and Burnett's
> testimony to determine if false statements were made, an aide said. The
> EPA's decision to deny California's waiver is being challenged in federal
> court, but air policy experts said the case would be decided on the law, not
> the process that led to the policy.
>
> "I wish I could say [Burnett's testimony is] important in the development of
> policy," said Jeffrey R. Holmstead, who directed the EPA's Office of Air and
> Radiation from 2001 to 2005 and now heads the environmental strategies group
> at the law firm Bracewell & Giuliani. "I don't think it is."
>
> 

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