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Winds of Change Evident in US Environmental Policy
Daniel Reifsnyder, a 25-year State Department veteran, knew even before President Obama was elected that U.S. environmental policy was going to change. So in early November, he called a couple of his Environmental Protection Agency counterparts about drafting documents to lay the groundwork for endorsing a treaty to curb global emissions of toxic mercury.
Environmental Protection Agency Administrator Lisa Jackson speaksat the National League of Cities conference, Monday, March 16 2009, in Washington. (AP Photo/Manuel Balce Ceneta) The Bush administration had resisted proposals for a United Nations-sponsored mercury treaty since at least 2005 on the grounds that voluntary measures were sufficient, but Reifsnyder told his fellow career officials that they had an opportunity to quickly formulate a new U.S. position in time for an upcoming meeting in Nairobi. They knew that as a senator, Obama had sponsored legislation banning the export of mercury overseas and that he was likely to be sympathetic to the treaty proposal.
"To anyone who was aware of what was happening, it was pretty clear the chances of the Bush administration position continuing into the new administration was pretty remote," recalled Reifsnyder, who is deputy assistant secretary of state for the environment and jokes that he started working at the department "before Moses parted the waters."
By Feb. 20, the efforts of Reifsnyder and dozens of other rank-and-file federal employees had borne fruit: After the United States voiced support for the idea of a new, binding mercury treaty, the world community embraced it in Nairobi.
The rapid policy reversal is just one of more than a dozen environmental initiatives the new administration has undertaken in its first two months. In nearly every case, the decisions were based on extensive analysis and documentation that rank-and-file employees had prepared over the past couple of years, often in the face of contrary-minded Bush administration officials.
After years of chafing under political appointees who viewed stricter environmental regulation with skepticism, long-serving federal officials are seeing work that had been gathering dust for years translate quickly into action.
Whether that is a good thing depends on one's point of view.
"It is kind of how government works, at its best," said Eric Schaeffer, who headed the EPA's office of regulatory enforcement before resigning in protest in 2002. He now runs the Environmental Integrity Project, an advocacy group. "With government bureaucrats, we fuss at them, but in this case I think they're doing some good."
Businesses facing new regulation, however, often call it a case of unelected government employees running amok.
"It's safe to say [that] within the regulatory bureaucracy, there's a built-in inclination to draft regulations, because that's what they do," said Hank Cox, a spokesman for the National Association of Manufacturers. "With some of these bureaucrats and activist groups, there's an obliviousness to the costs of these regulations. We're more comfortable with having people high up in government taking a fairly tough line on new rules."
After years of behind-the-scenes disputes with their superiors who favored regulatory restraint, many longtime federal workers are now what Cox calls "more in sync" with the new political hires running their agencies.
This shift has helped produce broad policy reversals that encompass such issues as writing new regulations and prosecuting violators of old ones, with still more in the pipeline. Drawing on earlier spadework, the administration has issued a proposal to create a national greenhouse gas registry; filed a lawsuit accusing a coal-fired power plant in New Roads, La., of violating the Clean Air Act; and put electric utilities on notice that they may have to account for their greenhouse gas pollution.
Political appointees have also asked career employees for background material on how to regulate pollution from cement kilns; whether refineries have done enough to curb their harmful emissions; and whether the federal government should grant California and more than a dozen other states the power to curb greenhouse gas emissions from vehicles.
Margo Oge, director of the EPA's office of transportation and air quality, said the approximately 400 people who work in her division have drawn on "thousands of pages" of documents that they drafted during the past administration to advise new EPA Administrator Lisa P. Jackson quickly on questions such as whether the agency is obligated to regulate gases that contribute to global warming and how it might accomplish that.
Bush officials had extended the public comment period on the question, in part because they thought a positive finding would trigger an elaborate regulatory scheme that would harm the economy. On March 20, the EPA sent a finding to the White House that greenhouse gases endanger public health and welfare, based in part on the work that Oge's office had done.
"There is a sense of urgency by the president and the administrator to address climate change," Oge said. "The agency is in a very good position to provide technical assistance to the president, to Congress and to the administrator."
In many instances, career officials have spent a couple of years preparing the reports and briefings they are now delivering to Obama officials. Under Bush, for example, senior EPA officials such as former deputy administrator Marcus Peacock made it clear that the government would not devote significant resources to prosecuting coal-fired power plants for Clean Air Act violations because the administration was more interested in curbing air pollution through regulatory reform.
But according to a Justice Department official, who spoke on the condition of anonymity to discuss ongoing litigation, career employees continued to research such allegations in the hope of securing settlements or bringing cases in the future.
On Feb. 18, less than a month after Obama was sworn in, the United States filed a complaint against the Big Cajun 2 Power Plant charging that for more than a decade it has operated without required pollution controls; the case was based in part on about 2,000 boxes of documents from the EPA's enforcement office.
The Justice official said the fact that EPA employees continued to research these sorts of complaints kept a 1999 federal initiative aimed at coal-fired utilities "alive, and that's what gives us the ability now to file a couple of these cases."
In some cases, agency officials have been able to revive proposals that languished under the previous administration with the tiniest of changes. A proposal to establish a national greenhouse gas registry stalled at the Office of Management and Budget for three months because Bush administration officials did not think the EPA should use its authority under the Clean Air Act to establish the monitoring system. Within two weeks of Jackson taking office, however, career officials briefed her on the matter, and she agreed that they could base the rule on the act. The registry proposal that the EPA issued this month is nearly identical to the one it sent to the OMB in September.
Scott Segal, a lobbyist for coal-fired utilities at the law firm Bracewell & Giuliani, said the fact that Obama has yet to fill many sub-Cabinet appointments at federal agencies has created "a power vacuum in which career employees fill in the gap."
"The old joke about EPA employees is they would either write the rule, or if they couldn't, they would leak the draft," Segal said. Now, he added, they seem to be getting their chance to write the rules.
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14 Comments so far
Show AllFew comments often means that people aren't angry about the status quo. In this case the EPA as acting more like it should.
I'm angry for two reasons. First, some manufacturer's pollution is the leading cause of death in this country. My sister died of cancer. My mother sniffed paint thinner all her life (not to get high, wise guy!) and got Alzheimer's. I don't think the EPA will do enough.
Second, our nation needs an active product research and development plan, to prototype, develop and introduce alternatives to toxic products. Part of this effort would be "green chemistry", but mechanical ways to not produce so much smog would also be welcome. Also, we need a better product testing system. What's in your drywall? Would the EPA please take the lead?
At least your comments are honest and address well founded problems. And contains some good suggestions.
Lets address real problems not theories.
Oh Tomas More, by theory do you mean Global Warming? Because that's what you called it the other day. Funny about that little "comment" eh?
Good comments and I am sorry about your mother. I am happy that there is some chance that the EPA will not engage in 100% systematic lying and coverup. Their role in saying the NYC air and site at ground zero were safe after 911 was criminal.
Joe
People getting sick from working with dangerous products that have alternatives is proven!
These changes are of a cosmetic nature and basically insignificant. The US will remain the Earth's greatest polluter and big oil, big coal and the big 3 will continue to dictate what laws are signed or not by Obama.
TIX, China has replaced the US as the world's biggest polluter, at least in emissions of greenhouse gases, and in many other areas of environmental degradation (e.g. use of tropical wood). However, the US remains the largest polluter per capita--each American, on average, pollutes more than any other country in per capita terms. So, China is the overall worst polluter; US takes per capita. But, upon deeper analysis, much US polluton has been shifted overseas, to places such as China. So, American hyperconsumption and the organization of global capitalism of Empire, whereby emerging economies are lax in pollution controls, guarantees continuing profits, and, yes, global environmental deterioration. Seems that one answer would be to return production to US shores where environmental mitigation has a greater chance of occurring.
""The old joke about EPA employees is they would either write the rule, or if they couldn't, they would leak the draft," Segal said. Now, he added, they seem to be getting their chance to write the rules."
Imagine that, regulatory agency employees drafting regulations instead of industry lobbyists. What a novel concept!
How do we tell our grandchildren that it is too late?
I believe Obama allows the aerial shooting of wolves to go ahead.
What is unfortunate is that we are supposed to be happy if it reverses the extremism of Bush. It just takes us back to 2000 which wasnt great to begin with.
We need extremism in the other direction.
I agree. Instead of trying to make headlines off the Bush excesses, they need to make things right and let the Bush years be corrected in the process. There hasn't been an enviornmentalist president since Carter, and only (believe it or not)Nixon, Roosevelt(FDR) and Teddy Roosevelt(the most environmental), stood out in the last century as a friend of the environment. It's time for some trail blazing in that area.
CQ from Maine
What strikes me as funny is that it was not government regulations on manufacturing and/or the environment that brought the economy to its knees; it was the lack of government regulations in banking and insurance. Part of the problem is that for some reason bankers couldn't make enough money helping manufactures make things so they decided to make money buying and selling companies that made things--only when they purchased a company they sold off the assets and fired the people that actually did the making. Now they can't make anything--not even money. One begins to wonder whether or not these are the built-in ironies of end times capitalism.
In most industrialized nations, there isn't this rampant production for profit that seems to permeate our consumerist culture. We innovate at our peril! De-industrialize now!
The most important environmental good news is the administrations reversal of the GOP global gag rule and an increase in funding of population growth reduction efforts even though they be meagre relative to the magnitude of the overshoot problem. This not being mentioned in the article is par for enviros who seem to be still in denial about the nature/cause of our environmenta problems.