Posted by: Matt Dempsey Matt_Dempsey@epw.senate.gov

 EPW NEWS ROUND-UP  

The political frenzy sparked by a White House memo that raised questions about U.S. EPA's handling of a proposed "endangerment finding" on greenhouse gas emissions was rooted in what experts say are muddled procedures for reviewing proposed federal regulations. At issue was a flurry of press reports Tuesday about an unsigned, undated document from the White House Office of Management and Budget that laid out serious concerns about the possible damaging economic effects of EPA's proposed finding that greenhouse gases endanger public health and welfare. The document was quickly seized by Republican lawmakers and industry groups, which cited the memo as proof that the Obama administration had ignored scientific and economic realities when issuing the proposal last month. Sen. John Barrasso (R-Wyo.) labeled the memo a "smoking gun" proving EPA's finding had been based on politics rather than science. But in the wake of the media craze, the Obama administration divulged that some of the comments in question had been submitted by an independent advocacy office within the Small Business Administration whose mission is to reduce the burdens of federal policies on small firms. The office's chief advocate was appointed under the Bush administration, although she initially came into office under President Clinton.

A new Memogate? White House document reveals serious concerns with EPA’s GHG policy – May 13, 2009

Link to Blog 

Last month the US Environmental Protection Agency (EPA) released its so-called ‘endangerment findings’, an announcement that set the table for future federal CO2 regulations under the Clean Air Act on the basis of greenhouse gases (GHG) representing a threat to human health and welfare. The EPA’s landmark announcement was released at a time when public skepticism about the root causes of climate change is on the rise, and the sizable group of critics that oppose the endangerment findings were given a boost of ammunition this week. The release of an undated and unsigned White House of Management and Budget memorandum (marked as ‘Deliberative - Attorney Client Privilege’) provides nine pages of critiques and challenges to the EPA’s assertion that GHG are a threat to human health and welfare. The memo is based on a collection of opinions from representatives of various federal agencies. The memo questions the scientific rigor employed by the EPA in preparing its endangerment findings report, and even suggests that the proposal to regulate CO2 under the Clean Air Act “would have serious economic consequences for regulated entities throughout the US economy, including small businesses and small communities”.

Memo exposes global warming dispute – Washington Times – May 13, 2009

Link to Article

A memo released Tuesday shows an agency within the Obama administration objected to a landmark Environmental Protection Agency ruling on global warming, arguing that it was not based on sound science and could prove costly to businesses.

The dispute concerns the EPA's so-called "endangerment finding," in which the agency has tentatively found carbon dioxide is dangerous enough as a greenhouse gas to warrant regulation under the Clean Air Act - a ruling that could force federal action to address climate change even if Congress fails to act. Critics, including some within the administration, argue that the Clean Air Act is not an appropriate vehicle to deal with climate change and say the finding sets the stage for harmful regulations on businesses and industry.

Document Is Critical of E.P.A. on Clean Air – New York Times – May 13, 2009

Link to Article

An internal government memorandum that came to light on Tuesday challenged the scientific and economic basis of a proposed Environmental Protection Agency finding that climate-altering gases are a threat to human health and welfare.The undated and unsigned government document, marked “Deliberative — Attorney Client Privilege,” was compiled by the White House Office of Management and Budget from comments offered by various agencies. A White House official said that many of the criticisms and suggestions came from holdovers from the administration of President George W. Bush and had been rejected by Obama appointees.The nine-page document was part of a multiagency review of the proposed E.P.A. finding and had little impact on the final agency document, which was issued on April 17, officials said. But opponents of the Obama administration’s approach to the regulation of heat-trapping gases seized on the memorandum in a flurry of press statements and in a Senate hearing on Tuesday.

OMB climate memo creates circus – E & E News – May 13, 2009

Link to Article

Political fireworks flew yesterday between the White House and conservative critics about an administration memo slamming U.S. EPA's recent proposal to regulate greenhouse gases. Analysts across the ideological spectrum, however, said that the ensuing hoopla could be more of a sideshow than a true hindrance to President Obama's global-warming agenda. The firestorm started with a nine-page document from the Office of Management and Budget warning that EPA's April decision to regulate carbon dioxide as a pollutant under the Clean Air Act "is likely to have serious economic consequences for regulated entities throughout the U.S. economy, including small businesses and small communities. "The unsigned document submitted to EPA also questioned whether the agency incorrectly concluded that heat-trapping gases truly have demonstrated health effects. The paper, titled "Deliberative -- Attorney Client Privilege," argued that curbing six greenhouse gases under the act was such a loose interpretation of law that it could open the door to regulation of things such as noise." This will be used by opponents of the Waxman bill, no question about it," said Rena Steinzor, a professor at the University of Maryland School of Law, about the document's impact on climate legislation under consideration in the House, sponsored by Reps. Henry Waxman (D-Calif.) and Edward Markey (D-Mass.).

Republicans Pounce on OMB Memo – WSJ – May 12, 2009

Link to Article

Republicans pounced Tuesday on a White House document that said regulating greenhouse gases under the Clean Air Act “is likely to have serious economic consequences for regulated entities throughout the U.S. economy, including small businesses and small communities.” The document, a combination of government agencies’ comments that the Office of Management and Budget sent the Environmental Protection Agency earlier this year, presents a grim view of the consequences of regulating greenhouse gases under the Clean Air Act. Last month, the EPA issued a proposed finding that greenhouse gases “endanger public health and welfare within the meaning of the Clean Air Act.” Asked about the memo at a Senate hearing Tuesday, EPA Administrator Lisa Jackson emphasized that the agency’s declaration is preliminary and might not lead to regulations. She reiterated the administration’s preference for legislation such as Rep. Henry Waxman’s plan to cap and gradually reduce emissions, while allowing companies to buy and sell emissions permits.

###