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Thursday, January 10, 2008

AG Wants Answers: Was the White House Involved in the California Waiver Denial?

Today, Sen. Barbara Boxer (D-CA), in her role as chairwoman of the Senate Environment and Public Works Committee, held a field hearing in Los Angeles on EPA's recent decision to block state action on greenhouse gas emissions. At least 17 states are seeking to adopt vehicle emission regulations to reduce emissions.

California's attorney general, Gerry Brown, spoke at the hearing. Brown exhaustively rebuts the arguments EPA Administrator Stephen Johnson gave in denying the state's request. In one part of his written testimony, Brown counters the ridiculous notion (like Reg•Watch does here) that allowing states to regulate greenhouse gases would create multiple regulatory schemes with which automakers would have to comply:

Echoing the automobile industry's Washington, D.C. lobbyists, Administrator Johnson's letter claims that allowing California's regulation would lead to a "confusing patchwork of state rules." In fact, there is no "patchwork." Congress long ago gave other states only two choices: to stick with federal standards or adopt California's standards "identically."

Brown also questions whether Johnson is solely responsible for the decision:

Aside from requiring Mr. Johnson and EPA to provide sworn testimony and to produce all relevant documents, I urge you to question him about his contacts with the White House staff and his meetings with automobile industry executives and the White House. We have probably all seen the press accounts describing the auto executives direct appeal to Vice President Cheney. EPA staffers told the LA Times that Johnson "made his decision" only after Cheney met with the executives. On multiple occasions in October and November, Cheney and White House staff members are said to have met with industry executives, including the CEOs of Ford Motor Co. and Chrysler. We have a right to know what happened at those meetings, who was there, and what was said. Was Administrator Johnson acting on the Administration's directives when he denied California's waiver request?

Brown may just get answers to his closing quiestion. EPA's general counsel has instructed agency staff to turn over all documents surrounding Johnson's decision, including communications with the White House.