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A Senate report on Section 303 of the Clean Air Act states: “The levels of concentration of air pollution agents or combination of agents which substantially endanger health are levels which should never be reached in any community. When the prediction can reasonably be made that such elevated levels could be reached even for a short period of time—that is that they are imminent—an emergency action plan should be implemented.” [Environmental Protection Agency, 9/15/1983; Office of US Congressman Jerrold Nadler, 4/12/2002 pdf file]

Timeline Tags: Environmental Impact of 9/11

With the passage of the Clean Water Act of 1972, the scope of the National Contingency Plan (NCP) is extended to cover hazardous substance releases in addition to oil spills. [Environmental Protection Agency, 12/23/2004] The NCP is a component of the US government’s National Response System, “a multi-layered system of individuals and teams from local, state, and federal agencies, industry, and other organizations that share expertise and resources to ensure that oil spill control and cleanup activities are timely and efficient” and that threats to human health and the environment are minimized. [Environmental Protection Agency, 4/19/2004] When in effect, the plan is administered by the EPA, which is required by law to follow specific procedures and guidelines, including designating an “On-Scene Coordinator” (OSC), who is responsible for directing response efforts and coordinating all other efforts at the scene of a discharge or release. In the event that the EPA delegates any tasks to state or local authorities, the EPA is responsible for ensuring that the response is in accordance with EPA standards. [US Code, Vol. 40, sec. 300; Jenkins, 7/4/2003 pdf file]

Timeline Tags: Environmental Impact of 9/11

The EPA establishes the National Office of the Ombudsman under the Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA). The amendment says the function of the new office is “to receive individual complaints, grievances, and problems submitted by any person with respect to any program or requirement under the RCRA.” The Ombudsman has the authority to decide which complaints to investigate, conduct an independent investigation of a complaint, assist the person or group that makes the complaint, and make non-binding recommendations to the EPA based on the ombudsman’s findings. [General Accounting Office, 7/27/2001 pdf file; US Congress, 6/25/2002 Sources: Robert J. Martin]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA issues a final rule outlining new requirements for asbestos abatement projects. The rule notes that even at low concentrations, asbestos is not safe: “Available evidence supports the conclusion that there is no safe level of exposure to asbestos…. This conclusion is consistent with present theory of cancer etiology and is further supported by the many documented cases where low or short-term exposure has been shown to cause asbestos-related disease…. Most occupational studies have been conducted on populations exposed to high airborne concentrations of asbestos for long periods of time. However, short-term exposures have also been shown to increase the risk of lung cancer and mesothelioma. In addition, there are many documented cases of mesothelioma linked to extremely brief exposures to high concentrations….” [Environmental Protection Agency, 4/25/1986 pdf file; Jenkins, 6/9/2002 pdf file; Kupferman, 2003 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

A final rule is issued on the Emergency Planning and Community Right-to-Know Act (EPCRA). The rule states a “community right-to-know” public notification must be issued whenever there is a spill of any carcinogen in concentrations over 0.1 percent. [US Code, Vol. 40, sec. 372.38]

Timeline Tags: Environmental Impact of 9/11

Congressional authorization of the EPA National Ombudsman office expires with the sunset of the Hazardous and Solid Waste Amendments (see November 24, 1984). [Environmental Protection Agency, 1/12/1999]

Timeline Tags: Environmental Impact of 9/11

The US Environmental Protection Agency (EPA) issues its Interim Asbestos NESHAP Enforcement Guidance on “Friable Asbestos,” which clarifies the definition and acceptable use of “asbestos-containing” materials. The National Emission Standards for Hazardous Air Pollutants (NESHAP), issued in 1973, defined “asbestos-containing materials,” or ACMs, as products that contain more than 1 percent asbestos by weight. Citing the original document, the guidance explains that NESHAP’s purpose was to “ban the use of materials which contain significant quantities of asbestos, but to allow the use of materials which would (1) contain trace amounts of asbestos that occur in numerous natural substances, and (2) include very small quantities of asbestos (less than 1 percent) added to enhance the material’s effectiveness.” However, the guidance stresses, the “EPA NESHAP definition of 1 percent by weight was not established to be a health-based standard.” [Stewart, 4/18/1989 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

NESHAP regulations require use of the transmission electron microscopy (TEM) method to determine whether asbestos-derived wastes are asbestos free: “Transmission electron microscopy (TEM) shall be used to analyze the output material for the presence of asbestos.” In order to be considered “asbestos-free,” TEM results must indicate that the waste contains no asbestos. [US Code, Vol. 40, sec. 61.155] The TEM method is far superior to polarized light microscopy (PLM) testing, a less expensive method that is often used to test for the presence of asbestos in bulk building material. The PLM method is limited by relatively weak magnification (100-400x) and it is sometimes unable to distinguish asbestos material from other materials like tar and petroleum binding components that may also be present in the building material. As a result of these deficiencies, the PLM method cannot reliably detect asbestos at concentrations of less than 1 percent and it is incapable of detecting asbestos fibers that are less than .25 micrometers in width. [Jenkins, 3/11/2002 pdf file] TEM uses 20,000X or greater magnifications as well as powerful chemical (EDXA) and mineralogical (SAEDP) tools. Not only can TEM differentiate asbestos from non-asbestos fibers, but it can also distinguish one species of asbestos from another. [International Asbestos Testing Lab, 1/12/2006]

Timeline Tags: Environmental Impact of 9/11

The EPA issues a pamphlet answering common questions on the Asbestos NESHAP regulations (see April 18, 1989). One question asks: “Is there a numeric emission limit for the release of asbestos fibers during renovations or demolitions in the asbestos NESHAP regulation?” The EPA answers that although there is no numeric emission limit, NESHAP “does specify zero visible emissions to the outside air from activity relating to the transport and disposal of asbestos waste.” In other words, if any emissions are visible during transport or disposal, the level of asbestos is unsafe. [Environmental Protection Agency, 12/1990]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Following the expiration of Congressional authorization (see September 30, 1988) for the ombudsman office, the EPA decides to continue the program and expand the office’s jurisdiction to include similar functions within the Superfund division. [US Congress, 6/25/2002]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

1992: Federal Response Plan Becomes Law

The Federal Response Plan (FRP) is developed and becomes Public Law 93-288. The FRP provides “a process and structure for the systematic, coordinated, and effective delivery of Federal assistance to address the consequences of any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.” The plan can be called into action by the president of the United States in times of emergency. Once invoked, the Federal Emergency Management Agency (FEMA) coordinates the efforts of any Emergency Support Functions (ESF) involved. In the event of a hazardous materials release, the EPA is charged with overseeing the federal government’s response. The Federal Response Team (FRT) and Regional Response Teams (RRTs) are charged with “carry[ing] out their duties and responsibilities as put forth in the NCP [National Oil and Hazardous Substances Pollution Contingency Plan] (see 1972) and agency implementing procedures.” [Federal Emergency Management Agency, 8/1997]

Timeline Tags: Environmental Impact of 9/11

October 18, 1992: EPA Hires Ombudsman

The EPA hires Robert J. Martin as the agency’s National Ombudsman (see November 24, 1984). [US Congress, 6/25/2002]

Entity Tags: Robert J. Martin, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

A study commissioned by the EPA, “Asbestos Fiber Reentrainment During Dry Vacuuming and Wet Cleaning of Asbestos-Contaminated Carpet,” finds that using HEPA vacuums and carpet shampooing in an effort to remove asbestos from carpets is ineffective and actually increases the air concentrations of asbestos. [Environmental Protection Agency, 1993; Jenkins, 7/4/2003 pdf file]

Timeline Tags: Environmental Impact of 9/11

The EPA explains in a document setting guidelines for the decontamination of demolition sites that the “site must be cleaned up to background levels of asbestos contamination.” (The term, “background level” refers to the typical asbestos level of non-contaminated soil in that area.) The EPA adds that in order to “clean up the site to background levels, it will probably be necessary to remove all the asbestos contaminated soil. The contaminated soil should be treated and disposed of as asbestos-containing waste material.” [Environmental Protection Agency, 6/29/1994; Jenkins, 3/11/2002 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA issues an advisory specifying the methodology that should be used to test for asbestos in air samples under the Asbestos Hazard Emergency Response Act (AHERA). The guidance recommends that transmission electron microscopy (TEM) be used rather than the older, less sensitive polarized light microscopy (PLM) method, which cannot detect ultrafine fibers below .25 micrometers. The advisory also states that when a PLM test is negative for asbestos, the sample should be retested using the TEM method. [Environmental Protection Agency, 8/1/1994]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

An unnamed militiaman threatens an Audobon Society official with a noose after the official testifies on behalf of an environmental measure. The Southern Poverty Law Center will write, “The incident is one of hundreds reflecting Patriot hatred of government regulation of the environment.” [Southern Poverty Law Center, 6/2001]

Entity Tags: Southern Poverty Law Center, Audobon Society

Timeline Tags: US Domestic Terrorism

Helen Chenoweth in a 1995 photo.Helen Chenoweth in a 1995 photo. [Source: Joe Marquette / Associated Press]Representative Helen Chenoweth (R-ID), in her first two months as a member of the US House of Representatives, accuses the federal government of sending “black helicopters” filled with “armed agency officials” to terrorize Idaho citizens. Chenoweth, who has extensive contacts among area militias and will be characterized as the militia’s “best friend” in Congress (see May 2, 1995), is repeating a canard often used by far-right extremists who believe the UN and the federal government will use “black helicopters” filled with foreign troops to impose tyranny on US citizens. In a press release, Chenoweth says the federal government is violating the Idaho Constitution by using “armed agency officials and helicopters” to enforce the Endangered Species Act and other fish and wildlife regulations. The language of the press release implies that if a federal agent is armed and in Idaho, it is a violation of the Idaho Constitution. Chenoweth orders the government to immediately cease its alleged actions, and in the release, threatens Assistant Agriculture Secretary Jim Lyons by saying, “If it does not, I guarantee you I will be your worst nightmare for at least the next two years.” Chenoweth later tells a reporter, who asks about the black helicopters: “I have never seen them. But enough people in my district have become concerned that I can’t just ignore it. We do have some proof.” Brian Gorman, a spokesman for the National Marine Fisheries Service, says, “All I can say is, we have never had helicopters, have not flown them as part of any endangered-species activity, and we’ve always worked hand in glove with local officials.” [New York Times, 5/2/1995; Sierra Magazine, 5/1996]

Entity Tags: Endangered Species Act, Brian Gorman, Clinton administration, National Marine Fisheries Service, Helen P. Chenoweth, James (“Jim”) Lyons

Timeline Tags: US Domestic Terrorism

The current version of OSHA Regulation 1910.1001, “Polarized Light Microscopy of Asbestos—Non-Mandatory,” recommends the use of “transmission electron microscopy” (TEM) to test for the presence of asbestos instead of the older, less sensitive method, known as “polarized light microscopy” (PLM). The regulation notes that “TEM is a powerful tool to identify fibers too small to be resolved by light microscopy and should be used in conjunction with this method when necessary” and suggests that “when optical techniques [PLM] are inadequate, there is ample indication that alternative techniques [TEM and SEM] should be used for complete identification of the sample.” SEM, or “Scanning Electron Microscopy,” is another method that provides less analytical information about the asbestos fiber than TEM. [US Code, Vol. 29, sec. 1910.1001]

Timeline Tags: Environmental Impact of 9/11

The New York Times prints a lengthy interview with Craig Rosebraugh, who serves as an unofficial spokesman for the Earth Liberation Front (ELF—see 1997). Rosebraugh, who claims to sympathize with the group even though knowing little about it, has spent weeks sending out statements and press releases on behalf of the ELF after the recent firebombing of a Vail, Colorado, ski resort (see October 19, 1998). Rosebraugh, who was contacted by unidentified ELF members about the Vail fires, says the ELF takes credit for the incident, and defends it by saying the resort has caused extensive damage to the area’s lynx habitats and a planned expansion would all but destroy those habitats. “They don’t want this to be seen like an act of terrorism,” he recently told a reporter on behalf of ELF. “They instead want this to be seen as an act of love for the environment.” The firebombing was not an instance of so-called “ecoterrorism,” he told another reporter: “To me, Vail expanding into lynx habitat is ecoterrorism.” Many mainstream groups such as the Sierra Club and Defenders of Wildlife have condemned the Vail firebombing; Jonathan Staufer of the Colorado group Ancient Forest Rescue, who has been working to stop the Vail resort’s proposed expansion, says: “It marginalized all the enviromentalists in Colorado who have been fighting it. I can’t condemn it more completely.” Rosebraugh became active in extreme environmental movements in June 1997, when he was contacted by the Animal Liberation Front (ALF—see 1976) and asked to be its “aboveground” spokesperson. Since then, he has formed a group called the Liberation Collective, which he says is intended to bring the ELF, ALF, and other “direct action” groups together to make common cause (see 1996 and After). Lieutenant Jeff Howard of the Oregon State Police says of the two groups, “If the truth be known, there are members that are probably members of both groups.” Because of the decentralized, “cell” structure of both ELF and ALF, federal investigators have had difficulty determining even the most basic facts about the two organizations. Recently, Rosebraugh said of the federal investigations into ELF, ALF, and the Vail firebombing: “This is a very hot topic not only for the media, but most important it’s a hot topic for the FBI and government agencies. The FBI just had a big meeting on animal rights terrorism. So there’s obviously going to be a big crackdown soon. It’s hard to imagine what’s going to happen but you can only look at history, and history shows that there is going to be a lot of pressure and my feeling is the best way to act is to resist.” [New York Times Magazine, 12/20/1998]

Entity Tags: New York Times, Animal Liberation Front, Ancient Forest Rescue, Craig Rosebraugh, Jonathan Staufer, Defenders of Wildlife, Jeff Howard, Sierra Club, Liberation Collective, Earth Liberation Front

Timeline Tags: US Domestic Terrorism

The Scientific Body of the United Nations Convention on Biodiversity (SBSTTA) rejects proposals during a meeting in Montreal to recommend a permanent moratorium on genetic use restriction technologies (GURT). GURTs are those which use genetic engineering to restrict the growth of plants in order to protect the intellectual property rights of the seed developer. The most well-known restriction technology is “terminator” technology (see 1994 and after). Another is “traitor” technology, so named because the traits of seeds and plants produced with this technology can be genetically controlled, e.g., a certain proprietary chemical may be required in order for certain genes to be expressed. The proposal to ban GURTs was made after a report by a blue-ribbon scientific panel was presented before the SBSTTA. The report had concluded that restriction technologies are a threat to agricultural biodiversity and national food security. The delegates at the meeting reportedly agreed that the study was broadly based and well done. After listening to the report, the government of Norway proposed that the SBSTTA recommend a moratorium on field trials and commercialization of the technology. India, Portugal, Kenya, Peru, and several other countries backed the proposal. The US opposed it, as did Canada—though only the US delegation attempted to defend the technology. One of the concerns expressed by supporters of the proposal was that terminator technology could be used to strong arm poorer countries into adopting or accepting certain trade policies. Countries like the US, it was suggested, could withhold seed or the chemicals needed to sustain the growth of chemically dependent plants as a sort of ransom. With the US and Canada opposed to Norway’s proposal, an alternative resolution was drafted by Britain (and then amended by Suriname). Though different than Norway’s, Britain’s proposal would have also recommended a ban on commercialization and field trials. But this was not considered agreeable either. Finally, a “contact group” was formed, which went into private discussion. The compromise that resulted from the closed-door meeting looked nothing like either of the original proposals. Under the provisions of the compromise resolution, governments would have the option of imposing a ban on field trials and commercialization. It failed to affirm the conclusions of the Blue Panel report, making no mention of GURT posing a direct threat to biodiversity or national sovereignty over genetic resources. “I don’t know what happened in that room,” Silvia Ribeiro of Rural Advancement Foundation International (RAFI) says, “There were two reasonably strong resolutions when they went in and one very weak proposal when they came out. I think the South has been tricked.” The new proposal was then weakened even further by the efforts of Australia. Even an industry representative took a stab at weakening the proposal. “In the feeding frenzy, a representative from the seed industry became so excited that he took the floor, presumed the prerogative of a government, and proposed additional resolution text to restrict farmers’ rights to save, exchange, and sell farm-saved seed,” according to RAFI. The following day, during a plenary discussion, RAFI called attention to a little noticed provision that had been slipped into the draft by Australia as an amendment. RAFI noted that it would restrict countries’ rights to impose a moratorium on GURT by linking any moratorium to potential trade sanctions. “Shortly before the debate ended, the US delegation made an ugly and aggressive intervention that put the question to rest: The US bluntly threatened trade sanctions on countries that impose a moratorium and made clear that it was willing to use the WTO to force terminator down the world’s throat,” according to RAFI. [Rural Advancement Foundation International, 6/25/1999; Convention on Biodiversity, 6/27/1999, pp. 23-26 pdf file; Convention on Biodiversity, 6/27/1999; Rural Advancement Foundation International, 6/28/1999; Economic Times of India, 7/8/1999]

Entity Tags: Suriname, Subsidiary Body on Scientific, Technical and Technological Advice, Portugal, United States, United Kingdom, Peru, Kenya, Australia, Canada, Norway, India

Timeline Tags: Seeds

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

Entity Tags: US Department of Justice, Environmental Protection Agency

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

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

Entity Tags: Christine Todd Whitman

Timeline Tags: US Environmental Record

The EPA issues a publication which states that in the event of a terrorist attack causing the release of hazardous substances, the EPA would respond under the authority of the NCP (see 1972). “The US Environmental Protection Agency (EPA) has statutory authorities and responsibilities to prepare for and respond to emergencies involving oil and hazardous substances, pollutants or contaminants, which include chemical, biological and radiological materials that could also be components of a weapon of mass destruction (WMD)…. EPA carries out its preparedness and response efforts primarily under the mandate of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and the Radiological Response Program.” [Environmental Protection Agency, 5/2000 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

At the fifth meeting of the Convention on Biological Diversity (CBD), member countries adopt a recommendation not to approve field testing or commercialization of GURTs, also known as terminator technology, until additional scientific research has been done. The recommendation, submitted by the Convention’s Scientific Advisory Body (SBSTTA) (see June 15, 1999-June 21, 1999), also say countries should have the option to ban the technologies at the national-level if they so choose. Delegates from several of the non-industrialized countries and a number of civil society organizations are disappointed with the COP 5 decision. They wanted a complete and immediate permanent international ban on the technology because of the potentially devastating effect the technology could have on the food security and agricultural biodiversity. [Rural Advancement Foundation International, 6/16/2000] For example, the African Group’s statement calls on all countries to “immediately ban the terminator technology from respective national territories and thus, from the whole of Africa, as intolerable politically, economically and ethically and in terms of safety of plant life, and in the future, be constantly on the look out for unacceptable products of biotechnology.” [Biodiversity Convention African Group, 5/2000] Other parties calling for a complete ban on terminator technology include Kenya, the Philippines, India, Tanzania, and Malawi. [Rural Advancement Foundation International, 6/16/2000] Many countries, including most of the G77 (with the exception of Argentina) and China, though not calling for an immediate ban, nonetheless agree that GURT is a very serious issue. Noting the heavy reliance on subsistence farming of farmers in their respective countries, they say in a statement, “[W]e feel very strongly on the GURTs issue, as they may impact negatively on our agricultural biodiversity.” [Rural Advancement Foundation International, 6/16/2000] It is also noted at the meeting that portions of the SBSTTA decision are outdated. For example, the SBSTTA in making its recommendation the previous year assumed that GURTs were “not likely to be commercialized in the near future and that at this time no example of the technology has been released in either research or investigative field trial.” This can no longer be said, according to Rural Advancement Foundation International, whose monitoring of the industry has revealed that seven new terminator patents were issued to industry and public sector researchers in 1999 and that biotech company AstraZeneca has already conducted field trials on genetic trait control technology in Britain. [Rural Advancement Foundation International, 6/16/2000] The final text of the GURTs portion of the COP5 decision reads: “[I]n the current absence of reliable data on genetic use restriction technologies without which there is an inadequate basis on which to assess their potential risks, and in accordance with the precautionary approach, products incorporating such technologies should not be approved by Parties for field testing until appropriate scientific data can justify such testing, and for commercial use until appropriate, authorized and strictly controlled scientific assessments with regard to, inter alia, their ecological and socio-economic impacts and any adverse effects for biological diversity, food security and human health have been carried out in a transparent manner and the conditions for their safe and beneficial use validated. In order to enhance the capacity of all countries to address these issues, Parties should widely disseminate information on scientific assessments, including through the clearing-house mechanism, and share their expertise in this regard.” [Convention on Biodiversity, 5/2000]

Entity Tags: Parties to the Convention on Biological Diversity

Timeline Tags: Seeds

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

Entity Tags: George W. Bush

Timeline Tags: US Environmental Record

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

Entity Tags: Cinergy Corp, US Department of Justice

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

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)

Timeline Tags: US Environmental Record

The EPA publishes a “Draft Guidance for the National Hazardous Waste Ombudsman and the Regional Superfund Ombudsmen Program,” which attempts to “clarify” the National Ombudsman’s function. [Environmental Protection Agency, 1/3/2001; US Congress, 6/25/2002] The current ombudsman, Robert Martin, argues that the guidelines are actually designed to limit the scope of the ombudsman’s authority, by placing the office under the authority of the head of Office of Solid Waste and Emergency Response (OSWER), an EPA division the ombudsman may investigate. [Washington Post, 11/29/2001]

Entity Tags: Environmental Protection Agency, Robert J. Martin

Timeline Tags: Environmental Impact of 9/11

On his first day in office, President Bush has his chief of staff, Andrew Card, issue directives to every executive department with authority over environmental issues, and orders them to immediately put on hold dozens of regulations passed by the Clinton administration. The Clinton regulations include lowering arsenic levels in drinking water; reducing the release of raw sewage into rivers and streams; setting limits on logging, drilling, and mining on public lands; increasing energy efficiency standards; and banning snowmobiles from Yellowstone and Grand Teton National Parks. [Carter, 2004, pp. 127]

Entity Tags: Andrew Card, Clinton administration, George W. Bush

Timeline Tags: US Environmental Record

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

Entity Tags: Bush administration (43)

Timeline Tags: US Environmental Record

In a memo to the White House Council on Environmental Quality (CEQ), ExxonMobil lobbyist Randy Randol denounces esteemed climate scientist Robert Watson, chairman of the Intergovernmental Panel on Climate Change (IPCC), as someone “handpicked by Al Gore” who is using the media to get “coverage for his views.” Thus he asks, “Can Watson be replaced now at the request of the US?” In addition to Watson, Randol names other climate experts who he wants “removed from their positions of influence.” A year later, the Bush administration will block Watson’s reelection as IPCC chairman. [Randol, 2/6/2005 pdf file; Mother Jones, 5/2005]

Entity Tags: Robert Watson, Randy Randol, Council on Environmental Quality

Timeline Tags: US Environmental Record, Global Warming

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

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

Timeline Tags: US Environmental Record

President George Bush, following the lead of Vice President Dick Cheney, prepares to renege on his campaign promise to cap carbon dioxide emissions (see September 29, 2000, March 8, 2001, and March 13, 2001). The promise is later described by authors Lou Dubose and Jake Bernstein as “the environmental centerpiece of [his] presidential campaign.” Christine Todd Whitman, the head of the Environmental Protection Agency, later says on CNN, “George Bush was very clear during the course of the campaign that he believed in a multipollutant strategy, and that includes CO2.” Initially, Bush stood by his pledge even as House Republicans Tom DeLay (R-TX) and Joe Barton (R-TX) attacked it as being bad for business. But on March 1, Cheney receives a personal note from energy lobbyist and veteran Republican operative Haley Barbour, headed “Regarding Cheney Energy Policy & Co.” The note reads in part: “A moment of truth is arriving in the form of a decision whether this administration’s policy will be to regulate and/or tax CO2 as a pollutant.… Demurring on the issue of whether the CO2 idea is eco-extremism, we must ask, do environmental initiatives, which would greatly exacerbate the energy problems, trump good energy policy, which the country has lacked for eight years?” Cheney moves quickly to respond to Barbour’s concerns. [Dubose and Bernstein, 2006, pp. 19]

Entity Tags: Haley Barbour, Christine Todd Whitman, Environmental Protection Agency, George W. Bush, Joe Barton, Richard (“Dick”) Cheney, Tom DeLay, Jake Bernstein, Lou Dubose

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

In a letter to Sen. Chuck Hagel (R-Neb), President Bush says that his administration will not support a mandatory reduction in carbon dioxide emissions from power plants. In doing so, Bush is backing away from his campaign promise to impose emissions caps for “four main pollutants: sulfur dioxide, nitrogen oxide, mercury and carbon dioxide.” In his letter, Bush says that carbon dioxide is not classified as a pollutant under the Clean Air Act (in fact, it is [US Law Title 42 Chapter 85, Sections 7403(g)] ) and that a recent Department of Energy review had found a mandatory reduction in greenhouse gas emissions “would lead to an even more dramatic shift from coal to natural gas for electric power generation and significantly higher electricity prices compared to scenarios in which only sulfur dioxide and nitrogen oxides were reduced.… This is important new information that warrants a reevaluation, especially at a time of rising energy prices and a serious energy shortage.” [CNN, 3/14/2001; Philadelphia Inquirer, 3/14/2001; US President, 3/19/2001 pdf file]

Entity Tags: George W. Bush, Chuck Hagel

Timeline Tags: US Environmental Record

Disturbed by President Bush’s impending reversal of his pledge to cap carbon dioxide emissions (see September 29, 2000), Environmental Protection Agency head Christine Todd Whitman meets with Bush to attempt to change his mind. But Bush cuts her off: “Christine, I’ve already made my decision.” He says he has written a letter to Senator Chuck Hagel (R-NE—see March 13, 2001). Notably, as Whitman is leaving the Oval Office, she sees Vice President Cheney pick up the letter to Hagel from a secretary (see March 8, 2001). That same day, Cheney meets with Hagel and then addresses the Senate Republican Conference, announcing to that body that the administration no longer supports carbon dioxide caps. Treasury Secretary Paul O’Neill later calls Cheney’s actions “a clean kill,” reminiscent of the bureaucratic manipulations Cheney had become so good at during the Nixon and Ford administrations. Authors Lou Dubose and Jake Bernstein sum up Cheney’s modus operandi: “No fingerprints. No accountability. Cheney collaborated with four senators who were working against White House policy, then persuaded the president to join them.” [Dubose and Bernstein, 2006, pp. 20]

Entity Tags: George W. Bush, Christine Todd Whitman, Chuck Hagel, Jake Bernstein, Environmental Protection Agency, Paul O’Neill, Lou Dubose, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

Some commentators react swiftly and angrily to the US’s abrupt withdrawal from the Kyoto Protocols (see March 27, 2001). “China can’t accept any attempt to violate the principles of the convention and eliminate the protocol,” says a spokesman for the Chinese Foreign Ministry. “It is totally groundless to refuse the ratification of the Kyoto Protocol on the excuse that developing countries such as China have not shouldered their responsibility.” British journalist Charles Secrett shows how responsible the US is for the environmental depredations Kyoto attempts to repair: “The US, with 5 percent of the world’s population, emits almost a quarter of the world’s carbon dioxide, the main climate-changing gas. It promised to cut emissions by 7 percent over 1990 levels by 2012 at the latest, but its emissions in fact rose by more than 10 percent between 1990 and 2000. Bush’s campaign for the US presidency was backed by major oil giants, including Exxon, which also led the campaign in the US against the Kyoto treaty.” Fellow British journalist Ed Vulliamy adds: “The story behind the singular determination of Bush to fly in the face of world opinion, the sentiments of most Americans, and even many in his own government reveals adherence to ideological rigor and a payment of debts to the business interests that helped him to the White House—above all, oil and coal. Oil runs through every sinew and vein of the Bush administration; rarely, if ever, has a Western government been so intimately entwined with a single industry.” [Carter, 2004, pp. 270-271]

Entity Tags: Bush administration (43), ExxonMobil, Ed Vulliamy, Charles Secrett

Timeline Tags: US Environmental Record

Former Reagan-era Interior Secretary James Watt, who once bragged that under his regime “We will mine more, drill more, cut more timber,” tells a reporter, “Everything [Vice President Dick] Cheney’s saying, everything the president’s saying, they’re saying exactly what we were saying 20 years ago, precisely. Twenty years later, it sounds like they’ve just dusted off the old work.” [Seattle Post-Intelligencer, 8/3/2004]

Entity Tags: Richard (“Dick”) Cheney, James Watt

Timeline Tags: US Environmental Record

The Bush administration cancels the 2004 deadline for automobile companies to develop prototype “supercars” capable of getting as much as 80 miles per gallon. The supercar program—initiated during the Clinton administration—will be replaced with one that focuses on “longer-term technologies,” according to Energy Secretary Spencer Abraham. The federal government has so far sunk $1.4 billion into the “supercars” program. [Philadelphia Inquirer, 5/10/2001]

Entity Tags: Bush administration (43), Spencer Abraham

Timeline Tags: US Environmental Record

President Bush signs Executive Order 13211. It is a verbatim copy of a “suggested” order sent in March by American Petroleum Institute official James Ford (see March 20, 2001). The executive order, enigmatically titled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” exempts certain industry actions from federal review. [White House, 5/22/2001; Dubose and Bernstein, 2006, pp. 17]

Entity Tags: American Petroleum Institute, James Ford, George W. Bush

Timeline Tags: US Environmental Record

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

Entity Tags: Christine Todd Whitman, Hillary Clinton

Timeline Tags: US Environmental Record

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

Entity Tags: Cinergy Corp

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

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

Entity Tags: Tina Kreisher, Cristine Romano

Timeline Tags: US Environmental Record

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

Entity Tags: US Congress, Christine Todd Whitman

Timeline Tags: US Environmental Record

The General Accounting Office (GAO) issues a report on the National Ombudsman’s office at the request of the Chairman of the House Sub-Committee on Environment and Hazardous Materials. [US Congress, 6/25/2002; US Congress, 7/16/2002] The report criticizes the EPA’s January guidance (see January 3, 2001) and concludes that the EPA’s national and regional ombudsmen do not have sufficient autonomy. [Washington Post, 11/29/2001] The GAO report recommends the following:
bullet Strengthen the ombudsman’s independence by moving the office outside of the solid waste program;
bullet Provide the ombudsman with a separate budget and staff;
bullet Increase the ombudsman’s accountability by requiring the office to develop specific criteria for its investigations. [General Accounting Office, 7/27/2001 pdf file]

Entity Tags: Government Accountability Office

Timeline Tags: Environmental Impact of 9/11

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

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

Timeline Tags: US Environmental Record

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

Timeline Tags: US Environmental Record

The Bush administration blocks the Environmental Protection Agency (EPA) from making any announcement about vermiculite and related problems in towns where it was mined. Vermiculite is dangerous because one of the substances it contains, tremolite, itself contains lethal levels of asbestos fiber and has killed or seriously sickened thousands of inhabitants of Libby, Montana, one of the towns where it was mined. EPA chief Christine Todd Whitman visits Libby at this time, although the vermiculite mine there was shut down in 1990. However, the problem is not confined to Libby; according to EPA records, over 16 billion tons of vermiculite have been shipped to 750 fertilizer and insulation manufacturers throughout the US, and the EPA estimates that between 15 million and 35 million US homes have been insulated with this toxic material. The EPA is thus confronted with an enormously grave problem. After the St. Louis Post-Dispatch breaks the story in late 2002 based on a leak from an unnamed whistleblower, former EPA chief William Ruckelshaus calls the actions of the White House “wrong, unconscionable.” The story becomes even more important when the reason for the White House block becomes known. Vice President Dick Cheney, the former CEO of Halliburton, is pressuring Congress to pass legislation that would absolve companies of any legal liability for claims arising from asbestos exposure. Halliburton itself is facing a tremendous number of asbestos liability claims. [Dean, 2004, pp. 162-163]

Entity Tags: William Ruckelshaus, Bush administration (43), Richard (“Dick”) Cheney, Christine Todd Whitman, Halliburton, Inc., Environmental Protection Agency

Timeline Tags: US Environmental Record

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: US Environmental Record, Domestic Propaganda

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: US Environmental Record, Global Warming

President Bush unveils a plan to reduce the “intensity” of greenhouse gases by 18 percent. Greenhouse gas intensity is the ratio of emissions to economic output, meaning that global warming pollution would continue to grow, but at a slower pace. This target would be achieved through $4.6 billion in tax credits and incentives, spent over a five-year period, to encourage businesses and farmers to cut their emissions. For example, the plan would provide tax credits to businesses that use renewable energy sources. [CNN, 2/14/2006; New York Times, 2/14/2006] Critics of the plan say a voluntary program based on tax credits and incentives represents a weak alternative to the Kyoto Protocol’s mandatory reductions which would cut emissions well below their 1990 levels by 2010. “We’ve found that these voluntary programs just don’t work,” says Joseph Lieberman. [CNN, 2/14/2006] The New York Times notes, “The one thing the climate policy would not do is require anything of anybody.” [New York Times, 2/14/2006] The president also introduces a second plan aimed at curbing air pollution. The “Clear Skies Initiative” would require reductions of sulfur dioxide emissions by 73 percent, nitrogen oxides by 67 percent, and mercury by 69 percent, by 2018. But the plan includes no reductions for carbon dioxide, the main greenhouse gas. Companies would be able to purchase credits from other businesses that have reduced their emissions below required levels. Unlike the plan supported by environmentalists and many Democrats, Bush’s program would delay these reductions until 2010 or later. [CNN, 2/14/2006; New York Times, 2/14/2006]

Entity Tags: Joseph Lieberman, George W. Bush

Timeline Tags: US Environmental Record, Global Warming

The Environmental Protection Agency sends the United Nations a report on climate change, in which the US admits for the first time that human activity is largely to blame for recent global warming. It attributes rising global surface temperatures to the burning of fossil fuels and details the potential effects of continued warming. For example, the report notes, “A few ecosystems, such as alpine meadows in the Rocky Mountains and some barrier islands, are likely to disappear entirely in some areas. Other ecosystems, such as Southeastern forests, are likely to experience major species shifts or break up into a mosaic of grasslands, woodlands, and forests.” However the report does not recommend cutting greenhouse gas emissions. Rather it suggests adapting to a warmer climate, saying that nothing can be done about the greenhouse gases that have already been released into the atmosphere. Neither industry nor the environmental groups are pleased with the report. Industry’s opinions were conveyed in letters during the comment period in 2002. They had objected to the conclusion that greenhouse gases were contributing to global warming. On the other hand, environmentalists are bewildered by the the administration’s unwillingness to address the problem. “The Bush administration now admits that global warming will change America’s most unique wild places and wildlife forever,” says Mark Van Putten. “How can it acknowledge global warming is a disaster in the making and then refuse to help solve the problem, especially when solutions are so clear?” [Environmental Protection Agency, 5/2002; New York Times, 6/3/2002]

Entity Tags: United Nations, Mark Van Putten, Environmental Protection Agency

Timeline Tags: US Environmental Record, Global Warming

Myron Ebell, a director of the Competitive Enterprise Institute (CEI), sends an email to Philip A. Cooney, chief of staff at the White House Council on Environmental Quality, discussing how to respond to a recent EPA report (see May 2002) that acknowledged human activity is contributing to global warming. It was the first time the US government had ever made the admission. In the email, Ebell conveys his plan to discredit the report by suing the agency. He also recommends playing down the report and firing some EPA officials. “It seems to me that the folks at the EPA are the obvious fall guys and we would only hope that the fall guy (or gal) should be as high up as possible,” he says in the email. “Perhaps tomorrow we will call for Whitman to be fired.… It seems to me our only leverage to push you in the right direction is to drive a wedge between the president and those in the administration who think that they are serving the president’s interests by publishing this rubbish.” The organization Ebell represents has received more than $1 million since 1998 from Exxon. Cooney previously worked as a lobbyist for the American Petroleum Institute (see 2001). [Ebell, 6/3/2002; Greenpeace, 9/9/2003; Observer, 9/21/2003]

Entity Tags: Philip A. Cooney, Myron Ebell

Timeline Tags: US Environmental Record, Global Warming

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: US Environmental Record, Global Warming

Congressional Republicans thwart an attempt to expand the Environmental Protection Agency (EPA)‘s ability to compel chemical facilities to prepare contingency plans for terrorist attacks (see December 1999 and Late September 2001). The 1990 Clean Air Act (CAA) allows the agency to force plants to plan for potentially calamitous accidents, and environmentalists and national security advocates argue that the CAA could easily be used in regards to having plants prepare for terrorist attacks. However, Republicans in Congress resist the idea. The EPA is unpopular among conservatives—Senator James Inhofe (R-OK) has called the agency a “Gestapo bureaucracy,” and House Majority Leader Tom DeLay (R-TX) has called it “the Gestapo of government”—and, along with industry representatives and lobbyists, the Republicans successfully persuade the EPA not to, in the agency’s words, “push the envelope” in interpreting the CAA. [Roberts, 2008, pp. 93]

Entity Tags: Clean Air Act, Tom DeLay, James M. Inhofe, Environmental Protection Agency

Timeline Tags: Complete 911 Timeline

In a memo to James R. Mahoney, head of the US Climate Change Science Program, Dr. Harlan L. Watson, the State Department’s chief climate negotiator, “strongly” recommends removing text referring to the conclusions of a National Academy of Sciences panel on climate and the Intergovernmental Panel on Climate Change. He argues that the text does “not include an appropriate recognition of the underlying uncertainties and the tentative nature of a number of the assertions.” Though Watson has a doctorate in solid-state physics, he has no background in climate science. [New York Times, 6/8/2005]

Entity Tags: James R. Mahoney, Harlan L. Watson

Timeline Tags: US Environmental Record, Global Warming

The Environmental Protection Agency releases its 2003 Fuel Economy guide which shows that only 3.5 percent of 2003 passenger vehicles have fuel-efficiency rating of 30 miles per gallon or more. 2002 vehicles were more fuel efficient, with 5.5 percent of them getting 30 mpg or better. Cars had the highest fuel efficiency in 1988 with an average of 22.4 mpg. Not one of the EPA’s 10 most fuel efficient models are made by an American company, the report also shows. [San Francisco Chronicle, 2003; Environmental Protection Agency, 10/2003 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

The Bush administration’s Office of Management and Budget sends a report to Congress announcing that it will conduct a review of more than 300 regulations—including ones pertaining to the environment and public health—which it has slated for overhaul, reform, or elimination. The review will draw on more than 1700 recommendations from private industry and think tanks. Many of the recommendations would weaken food safety standards, energy conservation standards, and natural resources. Sixty-five of the regulations targeted for overhaul are under the jurisdiction of the EPA. [US Congress, 10/24/2002 pdf file; Natural Resources Defense Council, 12/19/2002; Senate Committee on Governmental Affairs, 12/20/2002]

Entity Tags: Environmental Protection Agency, Bush administration (43), US Congress, Office of Management and Budget

Timeline Tags: US Environmental Record

The Environmental Protection Agency withdraws a Clinton era rule that imposes total pollution limits for all water bodies and requires federal oversight on the clean-up of nearly 300,000 miles of rivers and 5 million acres of lakes. The move will make it easier for states to remove waterways from the clean-up list and more difficult for other waterways to be added. [Perks and Wetstone, 1/2003, pp. 17-18 pdf file; Environmental Defense Center, 1/13/2003]

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

Timeline Tags: US Environmental Record

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

Entity Tags: Bush administration (43)

Timeline Tags: US Environmental Record

The Bush administration outlines a seven-point plan “clarifying” federal guidelines on preventing wetlands loss. This reinterpretation of existing rules weakens protections for wetlands by focusing on the ecological quality of new wetlands that replace destroyed wetlands in developed areas instead of requiring acre-for-acre replacement. [Associated Press, 12/27/2002]

Entity Tags: Bush administration (43)

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

The Forest Service proposes a new rule that would create three new categories of timber sales exempt from National Environmental Policy Act requirements for environmental review and public input. The three new “categorical exclusions”—exemptions meant for activities that do not effect the environment—would apply to (1) “Low-impact silvicultural treatments involving harvest of live trees”; (2) “Harvest of dead/dying trees”; and (3) “Harvest of live, dead, or dying trees necessary to control insect and disease.” Though the Forest Service states that these activities do not have a significant effect on the environment, the rule would allow the constructions of roads through federally protected forests up to half a mile long. It would apply to more than 150 pending logging projects. [Wilderness Society, n.d.; US Forest Service, 1/3/2003 pdf file; Perks, 4/2004, pp. 17-18 pdf file]

Entity Tags: US Forest Service

Timeline Tags: US Environmental Record

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

Entity Tags: Craig Manson, Bush administration (43)

Timeline Tags: US Environmental Record

A 50-page internal EPA report, written by the agency’s Office of Enforcement and Compliance, finds that the agency has done a poor job enforcing federal water pollution regulations. The study, which looks at about 6,600 industrial installations and wastewater treatment plants between 1999 and 2001, concludes that at any one time a quarter of all large industrial plants and water-treatment facilities are violating federal law. But only a fraction of these are ever held accountable. Furthermore, the office reports, 50 percent of the serious offenders exceed hazardous substance limits by over 100 percent and 13 percent exceed the limits by 1,000 percent. In 2001, the EPA took action against no more than 15 percent of the facilities judged to be out of compliance with water pollution rules. Less than half of these resulted in fines averaging about $6,000. [Washington Post, 6/6/2003; Reuters, 6/10/2003; Associated Press, 6/11/2003]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The Bush administration seeks exemptions from the Montreal Protocol on behalf of 54 US companies and trade groups. The international agreement seeks to phase-out the pesticide methyl bromide—an odorless fumigant that is a major ozone depletor—by 2005. [Natural Resources Defense Council, 2/7/2003; Panna, 2/7/2003; New York Times, 2/7/2004] The administration’s request cites a loophole in the protocol which allows countries to seek exemptions for “critical uses,” as long as they do not represent more than 30 percent of their baseline production level. But the Bush administration’s request amounts to 39 percent. [Natural Resources Defense Council, 2/7/2003; Panna, 2/7/2003; New York Times, 2/7/2004] The businesses applying for the exemptions, primarily farmers and food producers, would be permitted to use up to 21.9 million pounds of methyl bromide for the year 2005 (see (February 28, 2004)). [New York Times, 2/7/2004]

Entity Tags: Bush administration (43)

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

The Environmental Protection Agency grants the oil and gas industry a two-year reprieve from regulations aimed at reducing contaminated water run-off from construction sites. The Clinton-era EPA phase II stormwater pollution rule “A” —scheduled to go into effect on this day—requires that companies obtain National Pollutant Discharge Elimination System permits for construction sites between 1 and 5 acres. But the EPA has decided that the Clinton administration had underestimated the rule’s impact on the oil and gas industry. In addition to granting the two-year reprieve, the agency says it will also consider giving the industry a permanent exemption. [Associated Press, 3/10/2003; Business and Legal Reports, 3/14/2003]

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

Timeline Tags: US Environmental Record

The Environmental Protection Agency withdraws a June 2000 rule intended to clean up waters polluted by nonpoint source pollution such as agricultural runoff. The Total Maximum Daily Load was set to take effect under the Clean Water Act. [Florida Department of Environmental Protection, 6/8/2005] The rule was opposed by the construction industry which claimed it would increase building costs by requiring contractors to comply with “costly and burdensome water quality requirements.” [Associated Builders and Contractors, 3/21/2003]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

The Office of Management and Budget, which is reviewing the EPA’s forthcoming “Draft Report on the Environment” (see June 23, 2003) advises the EPA that the report “needs balance” and asserts that “global climate change has beneficial effects as well as adverse impacts.” The office also suggests removing the discussion on global warming completely from the report’s executive summary. “[D]elete climate change or use previously agreed upon material,” writes one staffer at the White House Council of Environmental Quality. Similarly, the White House Office of Science and Technology Policy suggests removing a discussion of the potential impacts climate change might have on human health and ecology. The Department of Energy also gets involved, arguing through the White House that EPA should delete any discussion of atmospheric concentrations of carbon because it is not a “good indicator of climate change.” Another official warns, “Take care here and be sure to be consistent with existing administration policy. Let us try to avoid another CAR scenario.” This is a reference to the Climate Action Report (CAR) (see May 2002) that the US submitted to the UN in May 2002. That report concluded that human activities are “causing global mean surface air temperature and subsurface ocean temperature to rise.” White House officials also suggest making edits to particular sentences. For example, the OMB asks the EPA to delete the phrases, “alter regional patterns of climate,” and, “potentially affect the balance of radiation.” It also suggests replacing the passage, “changes observed over the last several decades are likely mostly the result of human activities,” with, “a causal link between the buildup of greenhouse gases in the atmosphere and the observed climate changes during the 20th century cannot be unequivocally established.” Several of the edits are made by CEQ chief Philip Cooney, a former oil industry lobbyist. According to a congressional investigation, Cooney removes climate change “from a discussion of environmental issues that have global consequences, delete[s] a chart depicting historical temperature reconstruction, and insert[s] the word ‘potentially’ in several places to reduce the certainty of scientific statements regarding the impacts of climate change.” Cooney also advocates the removal of references to a 2001 National Research Council report (see June 2001) concluding that human activities contribute to global warming and information from a 1999 study indicating that global temperatures rose significantly over the previous decade compared with the last 1,000 years. Cooney also adds a claim to the draft report that satellite data does not support global warming, and removes a phrase that says “regional patterns may be altered” by climate change. In one memo, Cooney writes, “These changes must be made.” [New York Times, 6/19/2003; CBS News, 6/19/2003; Associated Press, 6/20/2003; US Congress, 1/30/2007 pdf file]

Entity Tags: Philip A. Cooney, Office of Management and Budget, Bush administration (43), Office of Science and Technology Policy, Council on Environmental Quality

Timeline Tags: Global Warming

The Department of Interior informs Congress that it has decided to settle a lawsuit filed years ago by the state of Utah over the Bureau of Land Management’s policy of rejecting drilling and mining projects in areas under review for wilderness protection. The decision withdraws protected status for 3 million acres of land in Utah. Without designation as a Wilderness Area, portions of the Red Rock Canyons in southern Utah could be open to logging, oil and gas drilling, mineral extraction, road-building and other development. A federal appeals court had previously ruled against the state on all but one count and consequently the lawsuit’s status had been moribund since 1998. [USA Today, 4/11/2003] But in March, Utah made an amendment to its complaint, thus reopening the case and providing the Bush administration with an opportunity to make a “settlement.” Environmental groups say the settlement is the outcome of a deal made between Interior Secretary Gale Norton and Utah Governor Mike Leavitt behind closed-doors. [USA Today, 4/11/2003; Salt Lake Tribune, 4/20/2003; Salt Lake Tribune, 5/6/2003; Salt Lake Tribune, 6/18/2003; Wilderness Society, 4/28/2004] In addition to the settlement, the Bush administration stops congressional reviews of Western lands for wilderness protection, capping wilderness designation at 22.8 million acres nationwide. [USA Today, 4/11/2003]

Entity Tags: US Congress, US Department of Interior, Mike Leavitt, Bush administration (43), Gale A. Norton

Timeline Tags: US Environmental Record

April 14, 2003: Oil and Gas Regulations Eased

The Department of Interior’s Bureau of Land Management (BLM) streamlines its permitting requirements for oil and gas drilling on public lands undermining the integrity of the environmental impact review and public input process. The changes were initiated by BLM Director Kathleen Clarke who instructed the agency’s staff to use new methods for reviewing applications, such as grouping applications together in bundles and performing environmental impact assessments for entire oil or gas fields instead of for individual wells. [Bureau of Land Management, 4/14/2003; Natural Resources Defense Council, 7/3/2004]

Entity Tags: Bureau of Land Management, Bush administration (43), Kathleen Clarke

Timeline Tags: US Environmental Record

The Bureau of Land Management (BLM) announces that it plans to ease environmental protections for wildlife habitat in the Alaskan Western Arctic Reserve. The Bush administration is looking into opening the Western Arctic Reserve for oil and gas drilling, specifically a 600,000 acre area around and including the state’s largest arctic lake, Teshekpuk Lake. [Petroleum News, 4/20/2003; Bureau of Land Management-Alaska, 4/15/2004; Reuters, 4/17/2004] Peter Ditton, BLM’s associate state director for Alaska, stresses that the area is important for oil resources and also as a development base. A ConocoPhillips (Alaska)-Anadarko Petroleum partnership has its sights on the area which includes the “Barrow Arch East Plays,” estimated to have some 2 billion barrels of technically recoverable oil. [Petroleum News, 4/20/2003] Oil and gas drilling would threaten the habitat of musk oxen, spotted seals, arctic peregrine falcons and beluga whales, among other species. [Natural Resources Defense Council, 7/3/2004]

Entity Tags: Peter Ditton, Kathleen Clarke, Bush administration (43), Bureau of Land Management

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) privately meets with factory farmers to negotiate a “safe harbor” agreement. According to one draft of the deal—which bears a remarkable resemblance to a proposal made by industry lawyers (see June 11, 2003) —livestock farms would enroll in a two-year monitoring program during which time they would be exempt from federal air pollution laws and receive amnesty for their past violations as well. In exchange, the farms would pay up to $3,500 to help pay for the program. During the amnesty period, farms below a certain size would be automatically exempted from the laws. After two years, the EPA would use the collected data to establish permanent air emissions standards (see June 11, 2003). [New York Times, 5/6/2003; Knight Ridder, 5/16/2004] But the proposal does not require that farms submit to enforcement or adopt any technologies after the program is finished. Critics of the proposed deal note also that the number of farms participating in the monitoring program would represent less than 1 percent of the total number of US factory farms. [New York Times, 5/6/2003]

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

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

The House of Representatives passes the Healthy Forests Restoration Act of 2003 by a vote of 256 to 170 as part of the Bush administration’s “Healthy Forests Initiative.” (see November 27, 2002) (see December 11, 2002). [US Department of the Interior, 5/30/2003] The legislation, introduced by Rep. Scott McInnis, relaxes requirements for the removal of small underbrush and trees on 20 million acres of forestland vulnerable to wildfires. The bill, dubbed the “‘Healthy Stealthy’ Act” by critics, removes important environmental safeguards and reduces public participation and judicial review, [Reuters, 5/22/2003] facilitating the timber industry’s access to 192 million acres. The measure also increases the industry’s subsidies by $125 million. [Alternet, 5/19/2003]

Entity Tags: Scott McInnis, Bush administration (43)

Timeline Tags: US Environmental Record

President Bush sends Congress the Biennial Report on the Administration of the Coastal Zone Management Act, which proposes new rules that would undermine coastal states’ control over their coastlines by reducing public and state government participation in decisions affecting the coast and its resources. The changes would pave the way for new offshore oil and gas development. [US President, 6/16/2003; Environmental Defense Center, 8/21/2003]

Entity Tags: George W. Bush, Bush administration (43), US Congress

Timeline Tags: US Environmental Record

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, US Environmental Record, Global Warming

The Bush administration announces its 10-year “Climate Change Science Program Strategic Plan” which it says is aimed at reducing the “uncertainties” associated with the issue of global warming. Its goals include identifying “natural variability” in climate change; improving climate forecasting; improving methods for determining the risks of global warming; improving methods of measuring the effects of greenhouse gases; and obtaining a better understanding of the impact global warming might have on humans, wildlife, and plant communities. The task will be a collaborative effort shared among 13 different federal agencies that have been charged with producing no fewer than 21 reports over the next four years. Critics of the plan say it is an attempt to prevent anything meaningful from being done to address the human causes of global warming. They note that scientists and governments from more than 150 countries have already reached a consensus on the issue—that global warming is happening, that human activity is the dominant force behind it, and that action needs to be taken immediately, before it is too late. “We can’t wait until we have perfect knowledge on climate change,” says Michael MacCracken, an atmospheric scientist who led US efforts to determine the potential effects of global warming from 1993 to 2001. McCracken mocks the Bush administration’s presumed respect for certainty, noting that it “appears to have no uncertainty about the safety of genetically modified foods,” a technology that many experts have raised concerns about. [Associated Press, 7/23/2003; Inter Press Service, 7/25/2005]

Entity Tags: Bush administration (43), Michael MacCracken

Timeline Tags: US Environmental Record, Global Warming

In a 65-32 vote, the US Senate rejects a proposal that would have required automakers to increase their fleet averages to 40 miles per gallon by 2015. Current regulations require only a 27.5 mpg average. Those voting against the proposal say they are concerned that more stringent requirements would result in a loss of jobs and give consumers less choice. Senators decide instead, by a 66-30 vote, to support an industry- and labor- favored bill which turns the issue over to the Transportation Department. The bill requires that the agency consider how raising fuel efficiency requirements might impact jobs, traffic safety, and US auto manufacturers before making any changes to the current standards. [Associated Press, 7/29/2003]

Entity Tags: US Congress

Timeline Tags: US Environmental Record

The US Department of Commerce prepares a memo for the president concerning the US-UK Energy Dialog, a bilateral initiative that was established during the April 2002 meeting of Prime Minister Blair and President Bush to “enhance coordination and cooperation on energy issues” (see April 6-7, 2002). The memo states: “Current forecasts for the oil sector put global demand by 2030 at about 120 million barrels per day (mbd), which is roughly 45 mbd higher than today. While recognizing that the increasing role of Russia and other non-OPEC producers, a large proportion of the world’s additional demand will likely be met by the Middle East (mainly Middle East Gulf) producers. They hold over half of current proven reserves, exploration and production costs are the lowest in the world, and production in many mature fields in the OECD area is likely to fall. To meet future world energy demand, the current installed capacity in the Gulf (currently 23 mbd) may need to rise to as much as 52 mbd by 2030.” [Muttitt, 2005]

Entity Tags: US Department of Commerce

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

The Environmental Protection Agency (EPA) quietly lifts a 25-year-old restriction on the sale of PCB-contaminated land. PCBs, or polychlorinated biphenyls, are linked to cancer and neurological problems. The rollback, based on an EPA reinterpretation of an existing law, is announced in an internal memo written by EPA general counsel Robert Fabricant. Fabricant claims in the memo that the old interpretation represented “an unnecessary barrier to economic redevelopment.” Because the change is considered a “new interpretation” of existing law, the administration has no legal obligation to make a public announcement. Critics, including some EPA staffers, note that the longstanding ban served as an incentive for landowners to notify the EPA of the contamination and clean up their property. As a result, about 100 sites a year were submitted to the agency for review. They also warn that the new policy will make it hard to track sales of polluted sites and to ensure that buyers properly assess the land prior to development. [Environmental Protection Agency, 8/14/2003 pdf file; USA Today, 9/1/2003; New York Times, 9/3/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency, Robert E. Fabricant

Timeline Tags: US Environmental Record

The US Fish and Wildlife Service proposes a “new interpretation” of the Endangered Species Act (ESA) which would facilitate the importation of endangered species to the United States and permit hunters, circuses and the pet industry to kill, capture and import them. [Washington Post, 10/11/2003; Defenders of Wildlife, 6/25/2004] The current interpretation of Section 10 of the ESA sanctions the importing of an endangered animal only under the condition that its relocation to the US would improve its chances for survival, such as captive breeding programs and similar projects aimed at preserving the species. But the Bush administration’s proposed change would allow the pet industry, circuses, and even hunters to capture and import endangered species. [Defenders of Wildlife, 10/17/2003; Defenders of Wildlife, 6/25/2004] The Bush administration claims that its proposed policy—which would help satisfy the huge US demand for live animals, skins, parts and trophies—would be “sustainable” because it would require developing countries that export the endangered animals to use the resulting revenue to fund conservation efforts. [Washington Post, 10/11/2003] The proposed reinterpretation is condemned by environmental and wildlife advocacy groups, newspaper editorial boards, and members of Congress from both parties. Supporters of the change include the zoo, circus, and trophy hunting industries. [Washington Post, 10/11/2003; Defenders of Wildlife, 6/25/2004]

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

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

The Environmental Protection Agency rules that carbon dioxide, the leading cause of global warming, cannot be regulated as a pollutant. EPA General Counsel Robert Fabricant writes in his 12-page decision, “Because the [Clean Air Act] does not authorize regulation to address climate change, it follows that [carbon dioxide] and other [greenhouse gases], as such, are not air pollutants.” His ruling reverses the position taken by the Clinton administration in 1998. Eron Shosteck, a spokesman for the Alliance of Automobile Manufacturers, is pleased with the decision. “Why would you regulate a pollutant that is an inert gas that is vital to plant photosynthesis and that people exhale when they breathe? That’s not a pollutant,” he says. Melissa Carey, a climate policy specialist for Environmental Defense, disagrees. “Refusing to call greenhouse-gas emissions a pollutant is like refusing to say that smoking causes lung cancer. The Earth is round. Elvis is dead. Climate change is happening.” [Knight Ridder, 8/29/2003]

Entity Tags: Robert E. Fabricant, Bush administration (43), Eron Shosteck, Melissa Carey, Environmental Protection Agency

Timeline Tags: US Environmental Record, Global Warming

Interior Secretary Gale Norton signs a legal opinion by Deputy Solicitor Roderick Walston reversing the interpretation of the agency’s previous solicitor-general, John Leshy, who had ruled in 1996 that the 1872 Mining Law limits each 20-acre mining claim on federal land to a single five-acre waste site. As a result of Norton’s decision, mining companies will be permitted to dump unlimited amounts of toxic waste on public lands, threatening surrounding waterways, wildlife, and the health of local human populations. The Bush administration and the mining industry have argued that the Clinton-era opinion caused a significant reduction in US minerals exploration, mine development and mining jobs since 1997. “It created an atmosphere of uncertainty and when you are making investments of hundreds of millions of dollars, uncertainty is not something you want to face,” explains Assistant Interior Secretary Rebecca Watson. “We anticipate we will now see more development and exploration for mining.” The decision was praised by the mining industry. “This is good news,L Russ Fields, executive director of the Nevada Mining Association. “The old opinion did create a lot of uncertainty for our industry.” [Associated Press, 10/10/2003]

Entity Tags: Bush administration (43), Gale A. Norton, John Leshy, Roderick Walston

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

A week-long UN meeting ends in a stalemate after objections are raised over the US’s request to use 21.8 million pounds of the pesticide methyl bromide in 2005. The request threatens to reverse an international treaty’s mandated phase-out of the ozone-depleting substance. Signed in 1987 by 183 countries including the United States, the Montreal Protocol calls for the complete phase-out of methyl bromide use by 2005, but allows limited exceptions in cases where the elimination of methyl bromide would be impractical or lead to significant economic disruption. The US delegation, comprised of Bush administration officials and agribusiness interest groups, asks to use 39 percent of baseline usage levels set in 1991. The request would be a significant increase over the 30 percent usage levels currently permitted for the years 2003 and 2004. [Associated Press, 11/15/2003] Arguing that the US’s request is too high, delegations from the European Union and other nations refuse to agree to the exemption. In an unprecedented move, further debate on methyl bromide is deferred to an “Extraordinary Meeting” to be held in March 2004 (see March 24-26, 2004), where the US again will push for the 39 percent figure. [Global Environmental Change Report, 12/2003]

Entity Tags: United Nations, Bush administration (43)

Timeline Tags: US Environmental Record

President Bush signs into law the defense authorization bill, which contains a controversial rider allowing the Pentagon to circumvent the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The MMPA prohibits government and commercial interests from engaging in activities harmful to the declining populations of whales, dolphins and seals. The act, passed in 1972, has been credited with halting the decline of some of those populations. The bill also exempts the military from certain provisions of the ESA. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003] For example, the bill:
bullet Permits the secretary of defense to exempt any military activity from the MMPA, without regard to its impact on whales, seals and dolphins. The Navy claims the MMPA puts American lives at risk because it makes it more difficult for the Navy to detect enemy submarines. [Washington Post, 11/16/2003; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
bullet Loosens the MMPA definition of “harassment” of marine mammals, making it almost impossible to enforce the MMPA. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
bullet Extends the Pentagon’s exemptions to scientists who conduct research sponsored by the Navy or other federal agencies. [Earth Island Institute, 11/6/2004]
bullet Eliminates language in the MMPA that prohibits the Navy from doing sonars, invasive research, bomb testing and other activities that threaten the habitat of whales, seals and dolphins. [Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004]
bullet Exempts US military bases and lands from ESA habitat-protection provisions. Defense Secretary Donald Rumsfeld says that the new exemption will “improve… military readiness” even though a General Accounting Office study found that “very few units reported being unable to achieve combat-ready status due to inadequate training areas.” [General Accounting Office, 6/2002 pdf file; Christian Science Monitor, 11/24/2003; Earth Island Institute, 11/6/2004] Encouraged by their success at weakening the MMPA and ESA, defense officials say that next year they will attempt to modify a court agreement the Pentagon accepted the month before requiring the Navy to limit where it can use its new low-frequency sonar system that has the ability to track quiet diesel submarines. Critics argue the sonar’s frequency is so loud that it could kill noise-sensitive whales and dolphins. [Washington Post, 11/16/2003] The military is also planning to seek exemptions to the Clean Air Act, the Resource Conservation and Recovery Act and the Superfund Act (see April 6, 2004). [Christian Science Monitor, 11/24/2003]

Entity Tags: George W. Bush

Timeline Tags: US Environmental Record

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

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

Timeline Tags: US Environmental Record

US Forest Service officials remove Michael Gertsch, a Forest Service wildlife biologist since 1976, from a team of scientists working on an amendment to the 2001 Nevada Forest Plan after he repeatedly complains that the agency is misrepresenting the impact of forest fires on owl populations, which are dependent on old stands of trees. “I fought and fought and fought and fought and finally they used some excuse and removed me from the team,” he later tells the Associated Press. [Associated Press, 8/6/2004]

Entity Tags: US Forest Service, Michael Gertsch

Timeline Tags: US Environmental Record

The Bush administration announces that it will abandon its January proposed rule (see January 10, 2003) to limit the scope of the Clean Water Act. However, the administration does not retract the policy directive that was announced the same day instructing regional EPA offices and the Army Corps of Engineers to halt protection of certain wetlands. [Natural Resource Defense Council et al., 8/12/2004 pdf file]

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

Timeline Tags: US Environmental Record

Bruce Buckheit, the director of the EPA’s air enforcement office, is ordered to shut down ongoing New Source Review investigations—which he later says were strong cases—at several dozen coal burning power plants. In an April 2004 interview with MSNBC, he will recall: “I had to tell the regional engineers and lawyers, stop. Put your documents in the box, so that hopefully we can get back to it someday.” [MSNBC, 4/20/2004]

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

Timeline Tags: US Environmental Record

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