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US Environmental Record

Politicization and deception

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

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On his last day in office as governor of Texas, George W. Bush leaves the following environmental legacy, according to a report by Republicans for Environmental Protection (REP):
bullet Number 1 state in the US for manufacturing plant emissions of toxic and ozone-causing chemicals;
bullet Number 1 state in the US in the discharge of carcinogens harmful to the brain and central nervous system of small children;
bullet Number 1 state in the US for releasing industrial airborne toxins;
bullet Number 1 state in the US for the number of hazardous waste incinerators;
bullet Number 1 state in the US in producing cancer-causing benzene and vinyl chloride;
bullet Number 1 state in the US for violating clean water discharge standards;
bullet Number 1 state in the US for releasing toxic waste into underground wells.
A third of Texas’s rivers are so polluted that they are unfit for recreational use. And during Bush’s terms as governor, Houston passed Los Angeles as the city with the worst air quality in the US. The REP cannot find a single initiative from Bush during his tenure that sought to improve the state’s air or water. [Carter, 2004, pp. 128-129]

Entity Tags: Republicans for Environmental Protection, George W. Bush

Category Tags: Air pollution, Water pollution, Toxic waste, Environmental enforcement, Politicization and deception

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

NOAA scientists’ communications with Congress are vetted by the NOAA’s “policy shop,” housed in the Office of Undersecretary, before being passed on to lawmakers. Many of the communications, especially those that concern sensitive topics like global warming, are edited so they do not contradict the Bush administration’s favored policy positions. According to an unnamed NOAA source interviewed by the Government Accountability Project, “Realizing that it is pointless,” NOAA’s Office of Legislative Affairs “has stopped asking certain scientists what to write in certain circumstances as it is certain to get completely rewritten anyway.” [Union of Concern Scientists and Government Accountability Project, 1/30/2007, pp. 36 pdf file]

Entity Tags: National Oceanic and Atmospheric Administration

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

Incoming Vice President Dick Cheney is already working to formulate the new administration’s energy policy, and to do so he is calling on a variety of CEOs and lobbyists for the oil, gas, and energy corporations. Authors Lou Dubose and Jake Bernstein will later observe that Cheney’s “visitor log began to look like the American Petroleum Institute [API]‘s membership list. This was no coincidence.” In early January, an oil and gas lobbyist brings a group of industry executives to the API’s Washington offices to put together a wish list for Cheney and the administration. Shortly after the inauguration, the same lobbyist, J. Steven Griles, will be named deputy secretary of the interior and assigned to work with the Cheney energy task force (see May 16, 2001). Griles will become the conduit for API members to funnel their recommendations directly to the task force. [Dubose and Bernstein, 2006, pp. 7]

Entity Tags: Richard (“Dick”) Cheney, American Petroleum Institute, Lou Dubose, J. Steven Griles, US Department of the Interior, Jake Bernstein

Category Tags: Corruption, Outsourcing and privatization, Politicization and deception, Energy industry, Oil and gas industry

Two of the first people to meet with the newly inaugurated President Bush are Enron CEO Kenneth Lay and Enron vice president Robert Shapiro. Lay and Shapiro are close political allies of Bush and Vice President Cheney. Lay and his Enron executives were not only the largest campaign donors for the Bush-Cheney presidential effort, but are Bush’s largest lifetime political backers, having financed Bush’s two campaigns for governor of Texas to the tune of some $775,000. Enron sank $1.2 million into the various 2000 Republican political campaigns, with the lion’s share of those donations going to the Bush-Cheney campaign. Enron provided more tangible support than just money; during the contentious December 2000 recount debacle in Florida, Enron (and Halliburton) provided corporate jets that shuttled Bush-Cheney lawyers and personnel around Florida and Washington. The early meetings with Bush are matched by meetings between Cheney, Lay, Shapiro, and at least four other Enron executives. [Dubose and Bernstein, 2006, pp. 6-7]

Entity Tags: George W. Bush, Enron Corporation, Richard (“Dick”) Cheney, Kenneth Lay, Robert B. Shapiro

Category Tags: Politicization and deception, Energy industry, Oil and gas industry

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

Category Tags: Politicization and deception, Energy industry, Oil and gas industry

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

NMA logo.NMA logo. [Source: Enumerate (.com)]Jack N. Gerard of the National Mining Association (NMA) meets with Andrew Lundquist, the executive director of the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001), and other staff members. Gerard wants the Bush administration to give the Energy Department the responsibility for promoting technology that would ease global warming, and more importantly, to keep the issue away from the Environmental Protection Agency (EPA), which could issue regulations on greenhouse gas emissions. Gerard and the NMA want voluntary, not mandatory, regulations. The task force adopts the NMA’s request in its policy. 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: Environmental Protection Agency, Andrew Lundquist, Bush administration (43), Jack N. Gerard, National Energy Policy Development Group, US Department of Energy, National Mining Association, Richard (“Dick”) Cheney

Category Tags: Global warming, Politicization and deception, Mining industry

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

An angry and embarrassed Christine Todd Whitman, the director of the Environmental Protection Agency (EPA), storms into a breakfast meeting with Treasury Secretary Paul O’Neill, waving a letter signed by four Republican senators—Chuck Hagel (R-NE), Larry Craig (R-ID), Jesse Helms (R-NC), and Pat Roberts (R-KS). The letter says that President Bush will soon withdraw the US from the Kyoto Accords (see March 27, 2001), even though Whitman has been telling the press Bush is committed to a “multipollutant” strategy of reducing CO2 and other emissions. Worse, Bush is going to renege on his promise to reduce C02 emissions (see September 29, 2000). O’Neill, who is until now unaware of the backchannel discussions about the administration’s environmental policy, is suspicious of the tone and language of the letter, which was faxed from Hagel’s office two days before. It sounds, he later writes, as if it came “right out of Dick Cheney’s mouth” (see March 1, 2001). O’Neill will later learn that Hagel and Cheney had been working for days to reverse Bush’s course on carbon dioxide caps, and in the process undermine Whitman (see March 8, 2001 and March 13, 2001). [Dubose and Bernstein, 2006, pp. 19-20]

Entity Tags: George W. Bush, Christine Todd Whitman, Chuck Hagel, Environmental Protection Agency, Larry Craig, Paul O’Neill, Richard (“Dick”) Cheney, Jesse Helms, Pat Roberts

Category Tags: Air pollution, Global warming, Politicization and deception, Energy industry

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

API logo.API logo. [Source: American Petroleum Institute]James Ford, an official with the American Petroleum Institute (API), sends Energy Department official Joseph T. Kelliher copies of the API’s position papers. In that packet is what the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001) will describe as a “suggested executive order to ensure that energy implications are considered and acted on in rulemakings and executive actions.” In May 2001, President Bush will issue that selfsame executive order (see May 11, 2001). [Washington Post, 7/18/2007]

Entity Tags: US Department of Energy, Richard (“Dick”) Cheney, James Ford, George W. Bush, American Petroleum Institute, Joseph T. Kelliher, National Energy Policy Development Group

Category Tags: Outsourcing and privatization, Politicization and deception, Energy industry, Oil and gas industry

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

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

George Skelton, a reporter for the Los Angeles Times, gets an unexpected call asking if he wants to interview Vice President Cheney. Skelton thinks the call might be to lay some groundwork for the 2004 Bush-Cheney re-election campaign. But Cheney wants to talk energy. Skelton is happy to oblige: energy prices are out of control in California. Cheney doesn’t just want to talk energy, though, he wants to talk about how bad an idea price caps are (see April 17, 2001 and After). “Price caps provide short-term relief for politicians,” Cheney says, in an oblique swipe at California’s Democratic governor, Gray Davis. He continues, “But they do nothing to deal with the basic, fundamental problem.” Skelton asks if the administration will support temporary price caps to get California through the immediate crisis period, and Cheney replies: “Six months? Six years? Once politicians can no longer resist the temptation to go with price caps, they usually are unable to muster the courage to end them.… I don’t see that as a possibility.” Cheney goes on: “Frankly, California is looked on by many folks as a classic example of the kinds of problems that arise when you do use price caps.” What Skelton does not know is that Cheney is echoing the recommendations of Enron CEO Kenneth Lay, whose company is primarily responsible for the California energy crisis. [Dubose and Bernstein, 2006, pp. 4-5]

Entity Tags: Gray Davis, Enron Corporation, George Skelton, Los Angeles Times, National Energy Policy Development Group, Richard (“Dick”) Cheney, Kenneth Lay

Category Tags: Politicization and deception, Energy industry, Oil and gas industry

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

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

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

Senator Dianne Feinstein (D-CA) calls for the Senate Committee on Governmental Affairs to hold hearings on a possible improper relationship between Enron and the Federal Energy Regulatory Commission (FERC). Her call for an investigation is prompted by media reports of Enron CEO Kenneth Lay pressuring FERC chairman Curtis Hebert to deregulate the energy industry in ways favorable to Enron (see August 14, 2001). Feinstein writes to Senator Joseph Lieberman (D-CT), the ranking member of the committee, “Despite evidence of manipulation and price gouging in both the electricity and natural gas markets in California and the West, and a finding by FERC last November of ‘unjust and unreasonable’ rates, the commission has failed to take the actions necessary to bring reliability and stability to the marketplace… [I]t is clear that the citizens of the United States, especially the people of California, who are suffering from FERC’s failure to do its job, deserve an investigation and full public hearing into what happened. FERC is a $175 million a year agency charged with regulating the energy industry, and it would be unconscionable if any of the nation’s electricity traders or generators were in a position to be able to determine who chairs or becomes a member of the commission.” Lay is accused of forcing Hebert from his position in favor of another, more Enron-friendly chairman, Pat Wood. Feinstein adds, “Since FERC has refused to fulfill its legally mandated function under the Federal Power Act to restore ‘just and reasonable’ electricity rates, we need to ask whether undue influence by the companies that FERC regulates has resulted in its failure to act… In California, the total cost of electricity in 1999 was $7 billion. This climbed to $28 billion in 2000 and is predicted to reach $70 billion this year. At the same time, with FERC refusing to act, power generators and marketers have made record profits. The people of our nation deserve a full investigation.” [US Senate, 5/25/2001]

Entity Tags: Joseph Lieberman, Curtis Hebert, Dianne Feinstein, Federal Energy Regulatory Commission, Kenneth Lay, Pat Wood, Enron Corporation

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

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

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

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

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

A study conducted by the General Accounting Office (GAO) finds that the scientists and experts who sit on the Science Advisory Board panels which advise the EPA often have ties to the affected industries or other conflicts of interest. The study, requested by Rep. Henry A. Waxman (Calif.), says that EPA officials regularly fail to identify potential conflicts of interest when panel members are chosen and do not adequately disclose the existence of such conflicts to the public. Though it is prohibited for a federal employee to participate in any “particular matter” that could affect their financial interests, there is an exemption that permits special government employees to serve on advisory panels when the topic being studied directly affects the financial interests of their employer—as long as the employer is not “singularly affected.” [Washington Post, 7/16/2001]

Entity Tags: Henry A. Waxman, Government Accountability Office

Category Tags: Corruption, Politicization and deception

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

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

Curtis Hebert of the FERC.Curtis Hebert of the FERC. [Source: PBS]Curtis Hebert is replaced by Pat Wood as the head of the Federal Energy Regulatory Commission (FERC). Hebert announced his resignation on August 6. [US Department of Energy, 12/2001] Hebert, a Clinton appointee who nevertheless is a conservative Republican, an ally of Senator Trent Lott (R-MS), and quite friendly towards the energy corporations, had been named to the FERC shortly before Clinton left office; Bush named him to chair the commission in January 2001. [Consortium News, 5/26/2006]
Replaced at Enron Request - Hebert is apparently replaced at the request of Enron CEO Kenneth Lay, who did not find Hebert responsive enough in doing Enron’s bidding. Hebert had just taken the position of FERC chairman in January when he received a phone call from Lay, in which Lay pressured him to back a faster pace in opening up access to the US electricity transmission grid to Enron and other corporations. (Lay later admits making the call, but will say that keeping or firing Hebert is the president’s decision, not his.) When Hebert did not move fast enough for Lay, he is replaced by Pat Wood, a close friend of both Lay and President Bush. [Guardian, 5/26/2001; Los Angeles Times, 12/11/2001] Lay apparently threatened Hebert with the loss of his job if he didn’t cooperate with Enron’s request for a more pro-Enron regulatory posture. [CNN, 1/14/2002]
Opposed Enron Consolidation Plan - Hebert was leery of Enron’s plan to force consolidation of the various state utilities into four huge regional transmission organizations (RTOs), a plan that would have given Enron and other energy traders far larger markets for their energy sales. Hebert, true to his conservative beliefs, is a states’ rights advocate who was uncomfortable with the plan to merge the state utilities into four federal entities. Lay told Hebert flatly that if he supported the transition to the RTOs, Lay would back him in retaining his position with FERC. Hebert told reporters that he was “offended” at the veiled threat, but knew that Lay could back up his pressure, having already demonstrated his influence over selecting Bush administration appointees by giving Bush officials a list of preferred candidates and personally interviewing at least one potential FERC nominee (see January 21, 2001). [PBS, 2/2/2002; Consortium News, 5/26/2006] According to Hebert, Lay told him that “he and Enron would like to support me as chairman, but we would have to agree on principles.” [Guardian, 5/26/2001] Hebert added to another reporter, “I think he would be a much bigger supporter of mine if I was willing to do what he wanted me to do.” Lay recently admitted to making such a list of preferred candidates: “I brought a list. We certainly presented a list, and I think that was by way of letter. As I recall I signed a letter which, in fact, had some recommendations as to people that we thought would be good commissioners.…I’m not sure I ever personally interviewed any of them but I think in fact there were conversations between at least some of them and some of my people from time to time.” [PBS, 2/2/2002]
Cheney Behind Ouster - Joe Garcia, a Florida energy regulator, says he was interviewed by Lay and other Enron officials. After Hebert made it clear to Lay that he wouldn’t go along with Lay’s plans to reorganize the nation’s utilities, Vice President Dick Cheney, who supervises the Bush administration’s energy policies (see May 16, 2001, began questioning Hebert’s fitness. [Guardian, 5/26/2001] Cheney said in May 2001, “Pat Wood has got to be the new chairman of FERC.” In private, Cheney said then that Hebert was out as chairman and Wood was in, though Hebert did not know at the time that his days were numbered. [PBS, 2/2/2002] “It just confirms what we believed and what we’ve been saying, that the Bush-Cheney energy plan is written by corporations and it’s in the interests of the corporations,” says the National Environmental Trust’s Kevin Curtis. [Guardian, 5/26/2001] Not only was Hebert not responsive enough to Lay’s pressure, but he had become a focus of criticism for his refusal to scrutinize Enron’s price gouging in the California energy deregulation debacle. Wood’s more moderate position helps ease the worries of other states themselves losing confidence in the Bush administration’s deregulation advocacy. [American Prospect, 1/2/2002]
Hebert Investigating Enron Schemes - And even more unsettling for Enron, Hebert was beginning to investigate Enron’s complicated derivative-financing procedures, an investigation that may have led to an untimely exposure of Enron’s financial exploitation of the US’s energy deregulation—exploitation that was going on under plans nicknamed, among other monikers, “Fat Boy,” “Death Star,” “Get Shorty,” all of which siphoned electricity away from areas that needed it most and being paid exorbitant fees for phantom transfers of energy supposedly to ease transmission-line congestion. [Consortium News, 5/26/2006] “One of our problems is that we do not have the expertise to truly unravel the complex arbitrage activities of a company like Enron,” Hebert recently told reporters. “We’re trying to do it now and we may have some results soon.” [Guardian, 5/26/2001] Instead, Hebert is forced out of FERC. Senator Dianne Feinstein (D-CA) called for an investigation into Enron’s improper influence of the FERC committee after the media revealed Lay’s phone call to Hebert in May 2001 (see May 25, 2001).

Entity Tags: National Environmental Trust, Trent Lott, Kevin Curtis, Pat Wood, Kenneth Lay, Federal Energy Regulatory Commission, George W. Bush, Curtis Hebert, Joe Garcia, Dianne Feinstein, William Jefferson (“Bill”) Clinton, Richard (“Dick”) Cheney, Enron Corporation

Category Tags: Corruption, Corporate welfare, Appointments and resignations, Politicization and deception, Energy industry, Oil and gas industry

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

Family Research Council logo.Family Research Council logo. [Source: Mediamouse (.org)]The Family Research Council (FRC), a Christian conservative organization headed by the Reverend James Dobson, authorizes an advertisement linking Senate Majority Leader Tom Daschle (D-SD) to Saddam Hussein. The ad is triggered by Daschle’s opposition to the Bush administration’s desire to drill for oil in the protected Arctic National Wildlife Refuge (ANWR). The ad is released by American Renewal, the lobbying wing of the FRC headed by Richard Lessner, who formerly headed the editorial page staff at the Manchester Union Leader. In a press release announcing the ad, Lessner asks: “What do Saddam Hussein and Senate Majority Leader Tom Daschle have in common? Neither man wants America to drill for oil in Alaska’s Arctic National Wildlife Refuge.” It juxtaposes photos of Daschle and Hussein, and charges that American buys 725,000 barrels of oil a day from Hussein because Daschle “won’t let America drill for oil at home.” Daschle spokesman Doug Hattaway calls the ad “an outrageous, extremist attack at a time when the nation is unified.” Lessner calls the ad an example of “telling the truth” necessitating “tough talk.” Washington Post pundit Dana Milbank says the ad has all “the subtlety of a Scud missile.” [Washington Post, 11/9/2001]

Entity Tags: Family Research Council, American Renewal, Dana Milbank, Doug Hattaway, Tom Daschle, James Dobson, Richard Lessner

Timeline Tags: Domestic Propaganda

Category Tags: Oil and gas industry, Public land use, Politicization and deception

Leading Republican consultant Frank Luntz issues a briefing book for GOP congressional candidates recommending what they should say when discussing issues that are important to the American public. The environment section of the report includes 16 pages of tips on how to discuss global warming and other sensitive issues. In general, Luntz says, candidates need to shy away from making economic arguments, since the party is perceived to be so close to business, and instead portray the party’s platform as being for a “safer,” “cleaner,” and “healthier” environment. Furthermore, candidates must convince their constituents of their “sincerity and concern,” Luntz argues, suggesting that once this has been achieved “the conservative, free market approach to the environment actually has the potential to become quite popular.” [Luntz, 2002 pdf file]
Arsenic in the water - Luntz says that the “Bush administration’s suspension of Clinton’s last-minute executive order toughening the federal standard for arsenic in drinking water” was the president’s “biggest public relations misfire.” The “Democrats’ message came through loud and clear: Bush and the Republicans put business interests above public health,” he notes. He says the Republicans should have responded to the debacle with statements asserting the party’s dedication “to the continued improvement of our nation’s water supply, and to ensuring that Americans have the best quality water available.” Secondly, they should have argued that “sound science” does not support the notion that reducing arsenic by the amount specified in the order was in fact necessary. Finally, the question should have been raised as to why Clinton waited until the final moments of his presidency to issue this order. [Luntz, 2002 pdf file]
Global Warming - On the issue of global warming, Luntz says: “The scientific debate is closing [against us] but not yet closed. There is still a window of opportunity to challenge the science. Voters believe that there is no consensus about global warming within the scientific community. Should the public come to believe that the scientific issues are settled, their views about global warming will change accordingly. Therefore, you need to continue to make the lack of scientific certainty a primary issue in the debate.” The section is peppered with boxes titled, “Language That Works,” suggesting carefully crafted phrases to convey key points that Luntz says Republicans must get across to their constituents. Luntz says that Republicans must stress that “the scientific debate remains open” and that rushing to conclusions about global warming would harm America. It must be stressed that ratifying the Kyoto protocol would “handcuff” the US and require “unnecessary” regulations that would “hurt moms and dads, grandmas and grandpas.” Furthermore, according to Luntz, it should be made clear that additional regulations would make “American life less safe” by requiring “major lifestyle changes.” Luntz also recommends that GOP politicians avoid using the phrase “global warming,” opting instead for “climate change,” which he notes sounds “less frightening.” [Luntz, 2002 pdf file; Guardian, 3/4/2003]
Impact - Not all Republicans agree with Luntz’s advice, Republican Mike Castle says the report fails to address the fact that pollution is a health threat. “If I tried to follow these talking points at a town hall meeting with my constituents, I’d be booed,” he says. Vermont Senator Jim Jeffords, who abandoned the Republican Party in 2001, says the briefing book aims to deceive voters. But others seemingly adopt Luntz’s strategy. [Guardian, 4/4/2003] The Observer will later note that in 2002, Bush’s use of the phrase “global warming” decreases to almost nothing. [Guardian, 3/4/2003] And the Environmental Working Group, which first discloses the memo, finds numerous instances where Bush officials appear to be using Luntz’s recommended language. [Environmental Working Group, 2002]

Entity Tags: James Jeffords, Frank Luntz, Mike Castle

Timeline Tags: Global Warming

Category Tags: Global warming, Water pollution, Politicization and deception

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

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

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

Philip A. Cooney, chief of staff for the White House Council on Environmental Quality, edits a draft of the annual Our Changing Planet report to make it less alarming. In one sentence, he adds the word “extremely” so it reads, “The attribution of the causes of biological and ecological changes to climate change or variability is extremely difficult.” Similarly, he changes the sentence, “Many scientific observations indicate that the Earth is undergoing a period of relatively rapid change,” so it instead says, “Many scientific observations point to the conclusion that the Earth may be undergoing a period of relatively rapid change.” In another section of the report, he crosses out an entire paragraph discussing the expected melting of mountain glaciers and snowpacks. In its margins, he asserts that the report’s authors were “straying from research strategy into speculative findings/musings.” [New York Times, 6/8/2005; Reid and Lautenberg, 6/29/2005] Cooney, a former oil industry lobbyist, has no background in climate science (see 2001).

Entity Tags: Philip A. Cooney

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

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 EPA inspector-general launches an inquiry seeking to determine “whether the agency is deliberately misleading the public by overstating the purity of the nation’s drinking water.” The inspector general is concerned that data collected by states from their utilities—which serves as the basis for EPA assessments on national water quality—is flawed due to significant underreporting of violations. According to EPA officials and internal agency documents, states may be underreporting violations by as much as 50 percent. Notwithstanding these concerns, the EPA will release its unprecedented “Draft Report on the Environment” five days later (see June 23, 2003). The heavily criticized document will claim that in 2002, “94 percent of the [US] population served by community water systems [was] served by systems that met all health-based standards.” But internal documents dating back to March suggest the figure is closer to the 75 percent to 84 percent range. [Washington Post, 8/6/2003]

Entity Tags: Environmental Protection Agency

Category Tags: Water pollution, Politicization and deception

The Bush administration releases its “Draft Report on the Environment,” which concludes that by many measures US air is cleaner, drinking water purer, and public lands better protected than they had been thirty years ago. The document, commissioned in 2001 by the agency’s administrator, Christie Whitman, is comprised of five sections: “Cleaner Air,” “Purer Water,” “Better Protected Land,” “Human Health,” and “Ecological conditions.” But it is later learned that many of its conclusions rest on questionable data. Moreover, the report leaves out essential information on global climate change and pollution sources. [Environmental Protection Agency, 2003; New York Times, 6/19/2003] In its “Purer Water” section, the report claims that “94 percent of the [US] population served by community water systems [was] served by systems that met all health-based standards.” But on August 6, the Washington Post will reveal that on June 18 (see June 18, 2003), an internal inquiry had been launched over concerns that the source data was flawed. “Internal agency documents… show that EPA audits for at least five years have suggested that the percentage of the population with safe drinking water is much lower—79 percent to 84 percent in 2002—putting an additional 30 million Americans at potential risk,” the newspaper will report. [Washington Post, 8/6/2003] Another troubling feature of the report is that a section on global climate change was removed (see June 2003) from the report prior to publication because EPA officials were unhappy with changes that had been demanded by the White House (see April 2003). [New York Times, 6/19/2003; CBS News, 6/19/2003; Associated Press, 6/20/2003] In place of a thorough discussion of the issue, the report only says: “The complexity of the Earth system and the interconnections among its components make it a scientific challenge to document change, diagnose its causes, and develop useful projections of how natural variability and human actions may affect the global environment in the future. Because of these complexities and the potentially profound consequences of climate change and variability, climate change has become a capstone scientific and societal issue for this generation and the next, and perhaps even beyond.” [Boston Globe, 6/20/2003; Guardian, 6/20/2003] The EPA’s report also leaves out information on the potentially adverse effects that pesticides and industrial chemicals have on humans and wildlife. [New York Times, 6/19/2003]

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

Timeline Tags: Hurricane Katrina, Global Warming

Category Tags: Public land use, Air pollution, Water pollution, Public health, Wildlife protection, Global warming, Politicization and deception, Energy industry, Agribusiness

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 Office of Information and Regulatory Affairs, under the White House’s Office of Management and Budget, drafts a proposal that would shift the authority for releasing emergency declarations concerning public health, safety and the environment from federal regulatory agencies to the White House’s Office of Management and Budget (OMB). [St. Louis Post-Dispatch, 1/12/2004; Washington Post, 1/15/2004; Baltimore Sun, 12/19/2004] “Under this proposal, the White House would decide what and when the public would be told about an outbreak of mad cow disease, an anthrax release, a nuclear plant accident or any other crisis,” an article in the St. Louis Post-Dispatch explains. [St. Louis Post-Dispatch, 1/12/2004] Additionally, the White House office wants the OMB to reside over a centralized peer review process charged with vetting “any scientific or technical study relevant to regulatory policy” produced by the regulatory agencies. The OMB would have the power to reject or accept the outcome of such peer reviews. [St. Louis Post-Dispatch, 1/12/2004; Washington Post, 1/15/2004; Baltimore Sun, 12/19/2004] Commercial permit applications, however, would not be subject to review. Alan Morrison, a lawyer for Public Citizen, commenting on the exception, notes, “If you want to build a dam, or dump a chemical… you evidently don’t need to have peer-reviewed science.” Academic experts who are recipients of grants from an agency whose work is being reviewed would be barred from serving on the review board. But there would be no restrictions against using experts from private industry. [Baltimore Sun, 12/19/2004] Though the administration claims that the proposed change reflects President Bush’s commitment to “sound science,” critics say the measure would allow political interests to impede the creation of new regulations by subjecting them to a never-ending process of review and analysis. They also warn that the review process could easily become balanced in favor of industry. Backers of the administration’s proposal include the National Association of Manufacturers, the National Petrochemical and Refiners Association, Ford Motor Co., the American Chemistry Council, the National Stone, Sand and Gravel Association (whose members include regulated mining concerns), and Syngenta, a pesticide company. Opponents of the plan include a number of former regulators from the administrations of Richard Nixon, Gerald Ford, Jimmy Carter, George H.W. Bush and Bill Clinton including former labor secretary Robert B. Reich, former EPA administrators Russell Train and Carol M. Browner, heads of the Occupational Safety and Health Administration under Carter and the elder Bush; and Neal Lane, who was director of the National Science Foundation under Clinton and head of the White House Office of Science and Technology Policy. [Washington Post, 1/15/2004; Baltimore Sun, 12/19/2004]

Entity Tags: Syngenta, Bush administration (43), Office of Management and Budget

Category Tags: Politicization and deception, 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

NASA announces in an email sent to the agency’s Goddard Institute for Space Studies, and possibly other science centers as well, that “there is a new review process.… The White House [is] now reviewing all climate related press releases.” [CBS News, 3/19/2006]

Entity Tags: National Aeronautics and Space Administration

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

Jack Blackwell, the US Forest Service’s Pacific Southwest Regional Forester, announces an amendment to the 2001 Nevada Forest Plan which manages 11 national forests in California. According to the Forest Service, the amendment will “reduce the acres burned by severe wildfires by more than 30 percent” and “double the acres of large old growth trees [and ]… spotted owl nesting habitat” over the next fifty years. The plan is portrayed as a response to an emergency situation. “Large, old trees, wildlife habitat, homes and local communities will be increasingly destroyed unless the plan is improved,” Blackwell says. According to the agency, an average of 4.5 owl sites a year have been destroyed by wildfires in the area over the last four years. [USDA Forest Service, 1/2004; US Forest Service, 1/22/2004; Chico News and Review, 1/29/2004; Environment News Service, 2/26/2004]
bullet The amendment will triple the amount of timber that can be harvested generating about 330 million board-feet of green timber annually during the first ten years.
bullet The amendment will reduce the percentage of funds designated for timber thinning near communities from 75 to 25 percent. The majority of timber removal will be done in remote, uninhabited forests.
bullet The revised plan will cost $50 million per year. However, the Forest Service only has $30 million allocated for the plan. The agency intends to raise the additional $20 million through commercial timber sales. Companies that remove more than a certain amount of brush and saplings will also be permitted to remove a number of larger trees.
bullet The amendment will increase the maximum trunk width of trees that may be removed from 20 inches to 30 inches. It is later discovered that justification for the amendment was based on politicized data and exaggerated claims. For example, an important statement that put the risk of forest fires in perspective written by veteran wildlife biologist Michael Gertsch was left out of the final version. According to Gertsch, his section was excluded because “the conclusion… was that fire appears to be more of a maintenance mechanism than a destructive force for owl habitat.” When Gertsch refused to back down from his analysis, he was removed from the project (see January 22, 2004). Describing the final version of the amendment, he says, “Snippets were taken from science, but they didn’t listen to the science community.” [Associated Press, 8/6/2004] The Associated Press will later investigate some of the amendment’s claims and in August publish a report revealing that “at least seven of 18 sites listed by the agency as owl habitat destroyed by wildfires are green, flourishing and occupied by the rare birds of prey” (see August 6, 2004).

Entity Tags: Bush administration (43), US Forest Service, Michael Gertsch

Category Tags: Forest policy, Politicization and deception, Timber industry, Key Events

[pictures rearranged for display purposes] Series of photo shots included in the US Forest Services’ “Forests with a Future Brochure” brochure[pictures rearranged for display purposes] Series of photo shots included in the US Forest Services’ “Forests with a Future Brochure” brochure [Source: US Forest Service]The US Forest Service distributes a pamphlet promoting the agency’s amendment (see August 6, 2004) to the 2001 Nevada Forest Plan, which calls for more logging. In one section of the pamphlet, put together by a public relations firm, there is a series of six black-and-white photos taken at different times over a span of 80 years. The first picture, taken in 1909, shows a forested area with large trees spaced far apart. Each of the following pictures, taken at the same spot, show how the forest became denser over time. The photo-chronology suggests that the first picture represents how forests should appear in their natural state. But in Spring 2004, it is learned that the first picture had been taken after the area had been logged. Furthermore, the pictures were actually taken in Montana, not the Sierra Nevadas. It also turns out that the photos had similarly been used before by the agency to promote other forest-thinning initiatives. [USDA Forest Service, 1/2004 pdf file; Associated Press, 4/12/2004]

Entity Tags: US Forest Service, Matt Mathes

Category Tags: Forest policy, Timber industry, Politicization and deception

An email sent to the press secretaries of all Republican congressional representatives offers advice on how to deal with questions about the environment. It recommends telling constituents that “global warming is not a fact”, air quality is “getting better,” the planet’s forests are “spreading, not deadening,” reported “links between air quality and asthma in children remain cloudy,” the “world’s water is cleaner and reaching more people,” and that the Environmental Protection Agency was exaggerating when it warned that at least 40 percent of streams, rivers, and lakes are unsafe for drinking, fishing, or swimming. The memo insists that “the environment is actually seeing a new and better day.” Sources cited in the memo include a report from the Pacific Research Institute, which since 1998 has received $130,000 from Exxon Mobil; the book The Skeptical Environmentalist by Bjorn Lomborg; and scientist Richard Lindzen, whose work has been partially funded by the fossil fuel industry. [Guardian, 4/4/2003]

Entity Tags: Bjorn Lomborg, Pacific Research Institute, Richard Lindzen, Republican National Committee

Category Tags: Politicization and deception, Global warming

Of course, we don’t want to be embarrassed,” he adds. Included in the memo is a list of suggested cut backs: “Close the visitor center on all federal holidays,” “Eliminate all guided ranger tours,” “Let the manicured grasslands grow all summer,” “Eliminate life guard services at 1 of the park’s 3 guarded beaches,” “Close the visitor center for the months of November, January & February,” “Turn one of our four campgrounds over to a concession permittee,” and “Close the park every Sunday and Monday.” The Philadelphia office also instructs the superintendents on how they are supposed to explain the parks’ reduced level of service to the media. For example, the memo says that if they need to inform the public on the change in “hours or days of operation for example, that you state what the park’s plans are and not to directly indicate that ‘this is a cut’ in comparison to last year’s operation. If you are personally pressed by the media in an interview, we all agreed to use the terminology of ‘service level adjustment’ due to fiscal constraints as a means of describing what actions we are taking.” [US Park Service, 2/20/2004 pdf file; Washington Post, 3/16/2004; Fresno Bee, 3/18/2004; Arizona Daily Star, 3/20/2004; National Geographic, 4/19/2004]

Entity Tags: Randy Jones, Chrysandra Walter, National Park Service (NPS), Bush administration (43)

Category Tags: National Parks, Politicization and deception

The US Fish and Wildlife Service releases an economic analysis on bull trout recovery titled, “Draft Economic Analysis of Critical Habitat Designation for the Bull Trout.” The study—written by Bioeconomics Inc. of Missoula, Montana—had been commissioned by the US Fish and Wildlife Service to serve as the basis for cost-benefit analysis. Once approved, Interior Secretary Gale Norton will use the data from the report to determine whether the costs of bull trout recovery outweigh the benefits. The report estimates that protecting bull trout and its habitat in the Columbia and Klamath river basins would cost between $230 and $300 million over the next ten years. But missing from the published version of the report is a 55-page section demonstrating $215 million in quantifiable economic benefits. The section had concluded that a healthy bull trout fishery would result in increased revenue from fishing fees, reduced drinking water costs and increased water for irrigation farmers. It also included discussion of other benefits not easily quantified in monetary terms. For example, it discussed the positive effects recovery would have on other trout species, in-stream flows and water quality in lakes and streams. Additionally, the missing section noted that there was a “number of published studies have demonstrated that the public holds values for endangered and threatened fish species separate and distinct from any expected direct use of the species.” According to Diane Katzenberger, an information officer in the Fish and Wildlife Service’s Denver office, the decision to discard the section was made in Washington. “It did not come out of Denver or Portland,” she explains. But Katzenberger nonetheless defends the decision claiming that it is difficult to assign “a dollar value to a biological benefit.” She further explains that while it is possible to estimate the costs of consultation and of road upgrades and culvert replacements, “We don’t know the dollar value of biological benefits. And no matter what, it would be a comparison of apples to oranges.” [Missoulian, 4/15/2004; Ravalli Republic, 4/16/2004; Washington Post, 4/17/2004] Chris Nolin, chief of the division of conservation and classification at the Fish and Wildlife Service, dismissed criticisms that the decision to delete the section was based on politics. “OMB uses very strict methodology” he says, adding that the OMB has “told us repeatedly in the past to remove this kind of analysis” from public reports. But as The Washington Post notes: “The federal government, however, often publicizes analyses of the benefits of Bush administration proposals for environmental clean-up. The Environmental Protection Agency, for example, found $113 billion in benefits over 10 years from provisions of the administration’s 2003 Clear Skies Act.” [Washington Post, 4/17/2004]

Entity Tags: Office of Management and Budget, Environmental Protection Agency, US Fish and Wildlife Service, Bush administration (43), Chris Nolin, Diane Katzenberger

Category Tags: Wildlife protection, Politicization and deception, Key Events

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

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

The Associated Press publishes a report summarizing its investigation of the US Forest Service’s amendment (see January 22, 2004) to the 2001 Nevada Forest Plan. The report reveals that the Forest Service ignored analysis that did not support increased logging (see January 22, 2004) and that the data used to justify the plan had been manipulated. For example, one of the claims made in the amendment was that wildfires in the Sierra Nevadas were responsible for the destruction of an average of 4.5 owl sites a year. But the AP found that this was not true. “At least seven of 18 sites listed by the agency as owl habitat destroyed by wildfires are green, flourishing and occupied by the rare birds of prey.” The AP’s conclusions were based on interviews with several Forest Service employees, hundreds of pages of documents, and on-the-ground tours of the sites that were cited in the Forest Service’s amendment. [Associated Press, 8/6/2004] When the Forest Service is asked to comment on these discoveries, it denies that there was “an intentional attempt to mislead.” Forest Service regional spokesman Matt Mathes says, “We went with what we knew at the time. They were lost at the time the draft went out. Things change on the ground.” He tries to reason that sometimes the owls will live “among black stems for as long as two years after a wildfire goes through. But eventually the owls do leave.” He also insists that despite the findings, the agency’s policy is sound. “Whether or not there is a mix-up or a simple error, our thought process in reaching the decision was not based only on what has happened but what will happen in the future,” he says. [Associated Press, 8/6/2004]

Entity Tags: Matt Mathes, US Forest Service

Category Tags: Forest policy, Politicization and deception, Timber industry, Key Events

NASA headquarters informs some climate scientists that any public releases of their research must first be cleared by headquarters and that all interviews with the media must be monitored by a NASA press officer. According to Drew Shindell, an ozone specialist and NASA climatologist, “these were conveyed orally, with no written documentation even when one was requested.” This policy applies only to climate scientists, not to other NASA scientists, such as those researching space or earth science, Shindell later tells Congress. [US Congress, 1/30/2007 pdf file Sources: Drew Shindell]

Entity Tags: National Aeronautics and Space Administration

Timeline Tags: Global Warming

Category Tags: Politicization and deception

In a speech before an audience at the University of Iowa, James E. Hansen, director of the NASA Goddard Institute for Space Studies, says the Bush administration is suppressing evidence of global warming. He says that officials routinely dismiss such evidence on grounds that it is not of sufficient interest to the public. However, studies that suggest less alarming interpretations of climate data are treated more favorably, he says. According to Hansen, officials have also edited reports to downplay the potential effects of global warming. Hansen thinks the administration is trying to keep the public uninformed about the issue. “In my more than three decades in government, I have never seen anything approaching the degree to which information flow from scientists to the public has been screened and controlled as it is now,” he says. [Associated Press, 10/26/2006]

Entity Tags: James E. Hansen

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

Department of Commerce press officer Catherine Trinh rejects a request for a media interview with a climate scientist. (The identity of this scientist has not been revealed.) “Let’s pass on this one,” she says in an e-mail to an official at the National Oceanic and Atmospheric Administration (NOAA). The official asks in response, “Can I please have a reason?” In another e-mail, Trinh again rejects a request for an interview. “Let’s pass on this… interview, but rather refer him to [redacted] of the [redacted] at [redacted],” she writes. “CEQ [White House Council of Environmental Quality] suggested him as a good person to talk on this subject.” The e-mails, obtained by Salon in 2006, reveal that requests for media interviews about climate change are being screened by officials at the Commerce Department (NOAA is part of the Department of Commerce). When asked by Salon if Commerce reviews all requests for media interviews with scientists, Richard Mills, the department’s director of public affairs, states, “I wouldn’t characterize it like that.” [Salon, 9/19/2006]

Entity Tags: Catherine Trinh, Richard Mills, National Oceanic and Atmospheric Administration

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

James R. Mahoney, head of the US Climate Change Science Program, calls Konrad Steffen, director of the Cooperative Institute for Research in Environmental Sciences at the University of Colorado at Boulder, a joint NOAA-university institute, and asks that he and another NOAA lab director not give reporters their opinions on global warming. Reporters are likely to contact Steffen because his work was recently cited in a major international report on climate change in the Arctic. But Steffen later says he did not comply with the request. Mahoney will later tell the Washington Post that he has “no recollection” of the conversation. [Washington Post, 4/6/2006]

Entity Tags: James R. Mahoney, Konrad Steffen

Timeline Tags: Global Warming

Category Tags: Politicization and deception

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

Rick S. Piltz, who resigned as a senior associate in the US Climate Change Science Program on March 11, sends a memorandum to dozens of top officials explaining his resignation. In the memo, he says that the politicized editing of scientific reports and other interferences by appointees were undermining the government’s effort to determine the causes and effects of global warming. “Each administration has a policy position on climate change,” he writes. “But I have not seen a situation like the one that has developed under this administration during the past four years, in which politicization by the White House has fed back directly into the science program in such a way as to undermine the credibility and integrity of the program.” [New York Times, 6/8/2005; Maassarani, 3/27/2007, pp. 46 pdf file]

Entity Tags: Rick S. Piltz

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

Thomas Knutson, a research meteorologist with the agency’s Geophysical Fluid Dynamics Laboratory in Princeton, NJ, recieves an interview request from CNBC television for its program “On the Money.” Knutson forwards the request to NOAA public affairs officer Kent Laborde for approval, as is required by NOAA’s media policy (see September 29, 2005). Laborde then directs the request to Chuck Fuqua, deputy director of communications at the Department of Commerce, who asks: “What is Knutson’s position on global warming vs. decadal cycles? Is he consistent with [Gerry] Bell and [Chris] Landsea?” (Bell and Chris have views that are more in line with the Bush administration’s position on global warming) Laborde then calls Knutson and asks him about his views on the future trend of Atlantic hurricane activity. Laborde then writes to Fuqua, saying that “he is consistent, but a bit of a different animal. He isn’t on the meteorological side. He’s purely a numerical modeler. He takes existing data from observation and projects forward. His take is that even with worse [sic] case projections of green house gas concentrations, there will be a very small increase in hurricane intensity that won’t be realized until almost 100 years from now.” Two minutes later Fuqua responds, “Why can’t we have one of the other guys on then?” Knutson is then informed that the interview request has been declined. [Wall Street Journal, 2/16/2006; Union of Concern Scientists and Government Accountability Project, 1/30/2007, pp. 30 pdf file]

Entity Tags: Thomas Knutson, Kent Laborde, Chuck Fuqua, National Oceanic and Atmospheric Administration, Chris Landsea

Timeline Tags: US Environmental Record, Global Warming

Category Tags: Global warming, Politicization and deception

The US Department of Commerce’s deputy director of communications, Chuck Fuqua, approves a request from the media for an interview with NOAA hurricane researcher Chris Landsea. Landsea believes that global warming has little or no impact on hurricanes. Notwithstanding, Fuqua says in an email to a NOAA official, “Please be careful and make sure Chris is on his toes. Since [redacted] went off the menu, I’m a little nervous on this, but trust he’ll hold the course.” A week later, Fuqua grants a request for Landsea to appear on the NewsHour With Jim Lehrer. In an email concerning the interview, Fuqua writes, “Please make sure Chris is on message and that it is a friendly discussion.” When Richard Mills, the department’s director of public affairs, is later asked by Salon what Fuqua meant by “stay on message,” Mills explains, “Chuck just meant that Chris should be ready and prepared.” [Salon, 9/19/2006]

Entity Tags: Chuck Fuqua, Chris Landsea

Timeline Tags: Global Warming

Category Tags: Politicization and deception, Global warming, Politicization and deception

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 November issue of NOAA Magazine (a publication of the National Oceanic and Atmospheric Administration) reports, “There is consensus among NOAA hurricane researchers and forecasters that recent increases in hurricane activity are primarily the result of natural fluctuations in the tropical climate system known as the tropical multi-decadal signal.” [NOAA Magazine, 11/29/2005] In December, Kerry Emanuel, a climate researcher at the Massachusetts Institute of Technology who believes that hurricanes are becoming more severe because of rising temperatures, tells a roomful of University of Rhode Island scientists that the NOAA report had censored the views of government scientists who believe there is a link between hurricane intensity and climate change. [Wall Street Journal, 2/16/2006; Providence Journal, 3/26/2006] In February, the Wall Street Journal will similarly report that despite what NOAA contended, several of the agency’s scientists “believed man-made warming was a key cause.” The day before the Journal’s report is published, the NOAA will issue a correction stating that the consensus “represents the views of some NOAA hurricane researchers and forecasters, but does not necessarily represent the views of all NOAA scientists.” [NOAA Magazine, 11/29/2005; Wall Street Journal, 2/16/2006]

Entity Tags: Kerry Emanuel, National Oceanic and Atmospheric Administration

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

Officials at NASA headquarters order the agency’s public affairs office to pre-screen all public statements made by James E. Hansen, director of NASA’s Goddard Institute for Space Studies. This restriction applies to all of his forthcoming lectures, papers, postings on the Goddard website, and requests for interviews from journalists. His supervisors are even authorized to stand in for him in interviews with the media. According to Hansen, the agency’s efforts to muzzle him began after a lecture he gave on December 6 in which he said that a US failure to significantly cut emissions could turn the earth into “a different planet.” He had noted in his lecture that businesses could cut emissions using existing technologies, if they wanted to, but that the administration’s and industry’s overriding concern is short term profits. A statement he released on December 15 saying that 2005 was probably the warmest year in 100 years also irked top officials (see December 15, 2005). Officials responded to Hansen’s statements with several warnings that there would be “dire consequences” if he continued. Dean Acosta, deputy assistant administrator for public affairs at the space agency, denies that NASA was trying to silence Hansen. He claims the restrictions on Hansen applied to all National Aeronautics and Space Administration personnel. All scientists are permitted to discuss scientific findings, he argues, but are not supposed to issue statements on policy. [New York Times, 1/29/2006; National Public Radio, 1/29/2006; Washington Post, 1/29/2006] While top officials have always tried to deter scientists from speaking publicly on policy issues, Hansen, in a later interview with the New York Times, says the Bush administration is engaged in an unprecedented level of interference. “In my thirty-some years of experience in government, I’ve never seen control to the degree that is occurring now,” he says. [New York Times, 1/29/2006]

Entity Tags: James E. Hansen, Dean Acosta, National Aeronautics and Space Administration

Category Tags: Global warming, Politicization and deception

James E. Hansen of the NASA’s Goddard Institute of Space Studies posts a statement on the institute’s website saying that 2005 was the warmest year on record. “The highest global surface temperature in more than a century of instrumental data was recorded in the 2005 calendar year in the GISS annual analysis,” it says. The 2005 summation infuriates top NASA officials, who are already annoyed with Hansen because of a December 6 speech he gave criticizing the administration and industry for putting short term profits ahead of efforts to curb greenhouse gases. The officials order Hansen to remove the statement, complaining that it should have been screened by the administration before publication. [Washington Post, 1/29/2006] Additionally, NASA’s public affairs office tells Hansen that there is a “storm of anger at headquarters” over his statement and past remarks (see, e.g., October 26, 2004), and threatens him with “dire consequences.” [Maassarani, 3/27/2007, pp. 34 pdf file]

Entity Tags: James E. Hansen, National Aeronautics and Space Administration

Category Tags: Global warming, Politicization and deception

Dr. James Hansen, the director of NASA’s Goddard Institute for Space Studies and a top climate scientist, reveals that the Bush administration ordered NASA’s public affairs staff to review his lectures, papers, Web site postings, and interview requests after he gave a lecture calling for the reduction of greenhouse gases linked to global warming. “They feel their job is to be the censor of information going out to the public,” Hansen says, and he promises to ignore the restrictions. NASA denies trying to silence Hansen, saying the restrictions apply to all NASA officials, and adds that it is inappropriate for government scientists to make policy statements (see Between June 2003 and October 2003, (January 2006), and (Late January 2006)). [Savage, 2007, pp. 106] This is not the first time Hansen has gone public about government attempts to censor and muzzle him and his fellows (see October 2004, October 26, 2004, and February 10, 2006).

Entity Tags: Goddard Institute for Space Studies, Bush administration (43), National Aeronautics and Space Administration, James E. Hansen

Timeline Tags: Global Warming, Domestic Propaganda

Category Tags: Global warming, Politicization and deception

A National Public Radio producer calls NASA to request an interview with climate scientist James Hansen. The call is taken by George C. Deutsch, a recently appointed public affairs officer. Deutsch rejects the request reportedly telling the producer that NPR is “the most liberal” media outlet in the US and that his job is “to make the president look good.” Deutsch denies making the remarks. [New York Times, 1/29/2006] Deutch, 24, was appointed to NASA’s public affairs office in Washington in 2005 after working on the president’s re-election campaign and inaugural committee. He will be fired from him job on February 8 after it emerges that his resume on file wrongly states that he had graduated from Texas A&M University in 2003. [New York Times, 2/8/2006]

Entity Tags: James E. Hansen, George C. Deutsch

Timeline Tags: Global Warming

Category Tags: Global warming, Politicization and deception

NASA officials attempt to discourage Washington Post reporter Juliet Eilperin from interviewing James E. Hansen, director of NASA’s Goddard Institute for Space Studies, for an article she is doing about global warming. The officials say that Hansen can only speak on the record “if an agency spokeswoman listen[s] in on the conversation,” Eilperin reports. [Washington Post, 1/29/2006]

Entity Tags: National Aeronautics and Space Administration, James E. Hansen, Juliet Eilperin

Timeline Tags: Global Warming

Category Tags: Politicization and deception, Global warming

James E. Hansen, speaking before an audience at the New School university in New York, says that the National Oceanic and Atmospheric Administration (NOAA) wants to implement a new rule requiring that minders be present for any media interviews with its scientists. “It seems more like Nazi Germany or the Soviet Union than the United States,” he says. Hansen caused a stir in late January when he accused Bush administration officials of suppressing information on global warming and placing restrictions on his communications with the media (see After December 6, 2005). The officials were upset about a speech he had given on December 6, in which he said that commitments to short term profits were taking precedence over curbing greenhouse gases. He repeats this statement in his remarks during the panel discussion at New School. [New School, 2/10/2006 pdf file; Washington Post, 2/11/2006] In his presentation, Hansen also says that the administration is misleading the public about the potential links between global warming and hurricane intensity. He makes the charge that the “public, by fiat, received biased information” when “the NOAA took an official position that global warming was not the cause of hurricane intensification” (see November 29, 2005- December 2005). [New School, 2/10/2006 pdf file]

Entity Tags: National Oceanic and Atmospheric Administration, James E. Hansen

Timeline Tags: Global Warming

Category Tags: Politicization and deception, Global warming

The Washington office of the National Oceanic and Atmospheric Administration (NOAA)—the agency charged with protecting endangered salmon—sends word to its employees on the West Coast that all questions from the media concerning salmon need to be redirected to Washington headquarters. From this point on, only three people in the entire agency—all of whom are political appointees—are permitted to speak on the issue. [Washington Post, 5/31/2006] The day before, the Washington Post had quoted federal scientists in the NOAA and Department of Interior saying that hydroelectric dams on the Klamath River should either be removed or be rebuilt in a way that allows salmon to migrate upstream. [Washington Post, 4/2/2006]

Entity Tags: National Oceanic and Atmospheric Administration

Category Tags: Wildlife protection, Politicization and deception

A panel consisting of seven climate scientists from the National Oceanic and Atmospheric Administration (NOAA) have completed a consensus report on the views of agency scientists concluding that global warming may have an impact on the intensity of hurricanes. The report is due to be released this month. But in an email sent to the panel’s chair, Ants Leetmaa, a Department of Commerce official says the report will not be released and needs to be modified so it is less technical. When this is reported in the journal Nature in September, the NOAA will deny that the report was blocked, insisting that the publication in question was just a two-page fact sheet about the issue. The agency says there were two reasons it wasn’t released: one, it wasn’t completed before the beginning of the annual hurricane season, and two, the agency cannot take an official position on a field of science that is changing so quickly. However Leetmaa notes that the draft did not take an official position of any kind; rather it just referred to the “current state of the science” [Associated Press, 9/27/2006; Giles, 9/28/2006]

Entity Tags: National Oceanic and Atmospheric Administration

Timeline Tags: Global Warming

Category Tags: Global warming, Global warming, Politicization and deception

Warren Washington, a senior scientist at the National Center for Atmospheric Research (NCAR) in Boulder, Colorado, accuses the Bush administration of suppressing climate change data, limiting journalists’ access to government scientists, and rewriting news releases on global climate change. According to Washington, Bush administration officials are “trying to confuse the public.” He says these tactics are taking place at numerous federal agencies, including NASA, the National Oceanic and Atmospheric Administration (NOAA ), and the US Forest Service. NOAA spokesman Jordan St. John denies the allegations. “NOAA is an open and transparent agency,” he says. “It’s unfair to the people who work at this agency that this kind of characterization keeps being made. Hansen said it once (see After December 6, 2005), and it took on a life of its own and just keeps getting repeated.” [Rocky Mountain News, 6/8/2006]

Entity Tags: Warren Washington, Bush administration (43), Jordan St. John

Timeline Tags: Global Warming

Category Tags: Politicization and deception, Global warming

The American Enterprise Institute (AEI) sends letters to scientists and economists offering to pay them $10,000 each for 500- to 10,000- word essays that provide a “policy critique” of the next report from the UN’s Intergovernmental Panel on Climate Change (IPCC), due early next year (see February 2, 2007). The institute, which has received more than $1.6 million in contributions from ExxonMobil (see Between 1998 and 2005), also offers additional payments and travel expense reimbursement. The letters, written by Kenneth Green and Steven Hayward, accuse the UN panel of being “resistant to reasonable criticism and dissent and prone to summary conclusions that are poorly supported by the analytical work.” It asks for articles that “thoughtfully explore the limitations of climate model outputs.” The letters set a December 15 deadline for the papers, but responses from recipient scientists prompt AEI to cancel the project. The institute had hoped to time the release of the scientists’ essays to coincide with that of the IPCC report. David Viner of the Climatic Research Unit at the University of East Anglia describes the AIE effort as a “desperate attempt by an organization who wants to distort science for their own political aims.” Similarly, Ben Stewart of Greenpeace remarks: “The AEI is more than just a thinktank, it functions as the Bush administration’s intellectual Cosa Nostra. They are White House surrogates in the last throes of their campaign of climate change denial. They lost on the science; they lost on the moral case for action. All they’ve got left is a suitcase full of cash.” Green defends AIE’s campaign against the report, saying, “Right now, the whole debate is polarized. One group says that anyone with any doubts whatsoever are deniers and the other group is saying that anyone who wants to take action is alarmist. We don’t think that approach has a lot of utility for intelligent policy.” [Guardian, 2/2/2007; Reuters, 2/4/2007]

Entity Tags: Ben Stewart, American Enterprise Institute, David Viner, Kenneth Green, Steven F. Hayward

Timeline Tags: Global Warming

Category Tags: Politicization and deception

In a meeting with the Royal Society, ExxonMobil executives say the company will end its funding of groups that misrepresent the science of climate change. [Royal Society, 9/4/2006 pdf file; Guardian, 9/20/2006; New York Times, 9/21/2006]

Entity Tags: ExxonMobil, Royal Society

Category Tags: Politicization and deception

Britain’s top scientific body, the 1,400-member Royal Society, demands in a letter to ExxonMobil that it end its support for groups that spread misinformation about global warming. In 2005, the company gave 39 such groups a total of $2.9 million (see 2005). The letter accuses the oil giant of having “misrepresented the science of climate change by outright denial of the evidence.” According to the Society, the company’s statements on the issue have been “inaccurate and misleading.” In particular, the letter strongly criticises the company’s “corporate citizenship reports,” which insist that “gaps in the scientific basis” undermine arguments that climate change is anthropogenic. The letter states that there is a “false sense somehow that there is a two-sided debate going on in the scientific community” concerning the causes of climate change. While “thousands and thousands” of international scientists agree that climate change is linked to greenhouse gases, ExxonMobil’s assertions rely on the views of just “one or two professional contrarians.” In response, ExxonMobil says the letter “inaccurately and unfairly described [the] company” and adds that it stopped funding one such group, the Competitive Enterprise Institute, earlier in the year. [Royal Society, 9/4/2006 pdf file; Guardian, 9/20/2006; New York Times, 9/21/2006]

Entity Tags: Competitive Enterprise Institute, ExxonMobil, Royal Society

Category Tags: Politicization and deception

A group of 14 Democratic lawmakers, led by Senator Frank R. Lautenberg, sends a letter to the inspector generals of both the Commerce Department and NASA requesting formal investigations into allegations that Bush administration political appointees suppressed evidence linking global warming to increased hurricane intensity (see 2005, October 16, 2005, October 19, 2005, and November 29, 2005- December 2005). [Office of Senator Frank Lautenberg, 9/29/2006; Associated Press, 11/2/2006]

Entity Tags: Frank R. Lautenberg, Hillary Clinton, Maria Cantwell, Thomas R. Carper, Harry Reid, James Jeffords, Jeff Bingaman, Robert Menendez, Barbara Boxer, Joseph Lieberman, Dianne Feinstein, Richard (“Dick”) Durbin, John Kerry, Barbara Mikulski

Timeline Tags: Global Warming

Category Tags: Global warming, Global warming, Politicization and deception

A person describing him or herself as an “anonymous EPA employee” writes that an “atmosphere of fear, intimidation, and suppression… has permeated EPA for the past six years.” [Anonymous, 11/20/2006 pdf file]

Entity Tags: Environmental Protection Agency

Category Tags: Politicization and deception, EPA library closures

The Bush administration imposes what reporter and author Charlie Savage will later call “unprecedented controls” on scientists working with the US Geological Survey (USGS), an agency that studies environmental issues such as global warming and endangered species. Now, USGS scientists must submit research papers and prepared speeches to White House officials for approval prior to dissemination. The rules also require the scientists to let the public affairs office know about “findings or data that may be especially newsworthy, have an impact on government policy, or contradict previous public understanding to ensure that proper officials are notified and that communication strategies are developed.” USGS scientists say that the restrictions mean that government officials are monitoring and censoring their work. “The explanation was that this was intended to ensure the highest possible quality research,” says Jim Estes, a marine biologist who has worked for USGS since the 1970s. “But to me it feels like they’re doing this to keep us under their thumbs.” [Savage, 2007, pp. 106-107]

Entity Tags: Bush administration (43), US Geological Survey, Jim Estes, Charlie Savage

Timeline Tags: Global Warming, Domestic Propaganda

Category Tags: Global warming, Politicization and deception

The US Geological Survey establishes new rules requiring the screening of all facts and interpretations by agency scientists. The rules say that the USGS’s communications office must be “alerted about information products containing high-visibility topics or topics of a policy-sensitive nature.” Such “products” include all public documents, even minor reports or prepared talks. P. Patrick Leahy, USGS’s head of geology and its acting director, insists the new requirements are being implemented to improve scientists’ accountability, maintain their neutrality, and “harmonize” the review process. Jim Estes, an internationally recognized marine biologist in the USGS field station at Santa Cruz, Calif, disagrees. “I feel as though we’ve got someone looking over our shoulder at every damn thing we do,” he says, adding that he thinks the motivation behind the new rules is “to keep us under their thumbs. It seems like they’re afraid of science. Our findings could be embarrassing to the administration.” [Associated Press, 12/13/2006]

Entity Tags: P. Patrick Leahy, US Geological Service, Jim Estes

Timeline Tags: Civil Liberties

Category Tags: Politicization and deception

The White House finally releases a list of officials and organizations who met with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001) in 2001. Cheney and the White House have successfully battled for six years to keep virtually all details of the task force secret (see May 10, 2005), and many other documents and files pertaining to the task force remain secret. The list of participants confirms what many have always suspected—that oil, gas, and energy executives and lobbyists were virtually the only ones to have any input in the task force’s policy deliberations. Many of the participants were also heavy donors to the Bush-Cheney campaign, and to the Republican Party in general.
Secrecy - Some participants say they were never sure why the White House fought so hard to keep the information about the task force secret. “I never knew why they fought so hard to keep it secret,” says Charles A. Samuels, a lawyer for the Association of Home Appliance Manufacturers. “I am sure the vast majority of the meetings were very policy-oriented meetings—exactly what should take place.” Others say that their meetings with the task force were routine.
API Input - American Petroleum Institute president Red Cavaney says that when he met with the task force, he and his fellow API officials discussed position papers the organization had given to the Bush-Cheney campaign and to newly elected members of Congress. “We’re in the business of routinely providing advocacy materials,” Cavaney says. “Speaking for myself, I had zero hand in authoring or sitting with anyone from that task force and changing anything.” But Cavaney is seriously downplaying API’s influence (see March 20, 2001).
"Ridiculous" - Representative Henry Waxman (D-CA), chairman of the House Oversight and Government Reform Committee, who has been a driving force behind the effort to reveal the inner workings of the task force to the public, says it is it is “ridiculous” that it has taken six years to see who attended the meetings. He describes the energy task force as an early indicator of “how secretively Vice President Cheney wanted to act.” As to the makeup of the participants, Waxman is not surprised to see the dominance of energy industry groups in the meetings. “Six years later, we see we lost an opportunity to become less dependent on importing oil, on using fossil fuels, which have been a threat to our national security and the well-being of the planet,” he says. Climate expert David Hawkins of the Natural Resources Defense Council says: “Cheney had his finger on a critical issue. He just pushed it in the wrong direction.” [Washington Post, 7/18/2007]

Entity Tags: National Energy Policy Development Group, Bush administration (43), Association of Home Appliance Manufacturers, American Petroleum Institute, Charles A. Samuels, Henry A. Waxman, Natural Resources Defense Council, Richard (“Dick”) Cheney, David Hawkins, Red Cavaney

Timeline Tags: Civil Liberties

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

Representative Nick Rahall.Representative Nick Rahall. [Source: Nick Rahall]The House Natural Resources Committee holds a hearing to investigate the role that Vice President Dick Cheney and other Bush administration officials played in the decision that led to the largest fish kill in modern Western United States history (see Mid-2001 - Early 2002 and June 27-28, 2007). The committee is unable to find conclusive proof that Cheney directly gave the orders that led to the fish kill. A former Interior Department official, Deputy Inspector General Mary Kendall, testifies that Cheney pressured the department to release water in the Klamath River in Northern California, even though the water release would threaten the life cycle of tens of thousands of salmon who live and breed in the river. The water release was to benefit drought-stricken farmers and ranchers in the area. The decision went against the provisions of the Endangered Species Act as well as an overwhelming majority of scientific opinion and the tribal water rights of local Native Americans. Former fisheries biologist Michael Kelly, who worked on the Klamath issue, testifies that he cannot be sure whether Cheney interfered in the situation. “I was aware that President Bush had declared he’d do everything he could to get water to the farms,” Kelly says, and adds that he knew his own superiors were being pressured to speed up assessments and tilt the science to favor the farmers. “I was essentially asked to support a conclusion that made as much sense as 1+1=3,” Kelly says. The biological opinion underlying the plan was “completely bogus and illegal,” he adds. Chairman Nick Rahall (D-WV) calls the Klamath fish kill “a fiasco” and lambasts Cheney and Interior Secretary Dirk Kempthorne for refusing to testify before the committee. “I will not pretend to be surprised [Cheney] declined our invitation,” Rahall says. “But I am obliged to express disappointment at the difficulty we have had in trying to learn the truth and conduct basic oversight over an agency and an administration that have made secrecy and lack of accountability hallmarks of their tenure.” Rahall notes that “[w]hen it comes to political interference and ethical lapses at the department, the Klamath River is just the tip of the iceberg.… I find it difficult to see how we can trust any decision made in an agency that has, time and again, betrayed its own career scientists, repeatedly failed to hold its appointees to ethical standards and so callously disregarded its mission for the sake of political gain.” [Environmental News Service, 8/1/2007]

Entity Tags: Endangered Species Act, Bush administration (43), Dirk Kempthorne, George W. Bush, House Natural Resources Committee, Richard (“Dick”) Cheney, Mary Kendall, US Department of the Interior, Michael Kelly, Nick Rahall

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

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