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Context of 'March 18, 2001: Energy Task Force Member Asks Gas Executive What His Energy Policy Would Be ‘If You Were King’'

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Newly elected president George W. Bush says he opposes price caps on wholesale electricity, and suggests that for California to ease its power crisis, it should relax its environmental regulations and allow power companies such as Enron to operate unchecked. “The California crunch really is the result of not enough power-generating plants and then not enough power to power the power of generating plants,” he says. [Harper's, 1/23/2001] In 2002, former Enron energy trader Steve Barth will give a different perspective. “This was like the perfect storm,” he will say of Enron’s merciless gaming of the California energy crisis. “First, our traders are able to buy power for $250 in California and sell it to Arizona for $1,200 and then resell it to California for five times that. Then [Enron Energy Services] was able to go to these large companies and say ‘sign a 10-year contract with us and we’ll save you millions.’” [CBS News, 5/16/2002]

Entity Tags: Enron Energy Services, Enron Corporation, George W. Bush, Steve Barth

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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)

Timeline Tags: US Environmental Record

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: US Environmental Record, Civil Liberties

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: US Environmental Record, Civil Liberties

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

Timeline Tags: US Environmental Record

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