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Waxman Schedules Interviews with EPA Staff

It's time for a EPA-chutzpah update.

Both Sen. Barbara Boxer (D-CA) and House sleuth Henry Waxman (D-CA) have set their sights on
EPA Administrator Stephen Johnson, who made the unprecedented and arbitrary decision (over the unanimous recommendation of the staff) to deny California's petition to limit greenhouse gas emissions from cars and trucks. They both requested documents related to the decision. But Johnson is apparently having real trouble getting all those documents together.

In a letter today, Waxman noted that Johnson missed his first deadline (last Friday), and though his staff has responded by letter to Waxman's request, they haven't indicated when they'll have those documents ready (there are "tens of thousands of emails and documents" responsive to his request, they plead). So Waxman has asked to work out a timeline.

In the meanwhile, he says that the committee will be interviewing a host of EPA employees about Johnson's decision. If the reports are correct, all of them will be telling Waxman about how they told Johnson there was no legal justification for blocking California's law and he overruled them anyway.

Johnson has a date next Thursday with Boxer's Senate environment committee, but Waxman seems likely to wait until his interviews are done before he puts Johnson in the hot seat.

Waxman's letter is below.

Dear Administrator Johnson:

On December 20, 2007, I wrote to request that you provide the Committee with documents relating to your decision to reject California’s efforts to reduce greenhouse gas emissions. I requested that the documents be produced on a rolling schedule, starting on January 10 with responsive documents from your immediate office. On January 4 and January 11, 2008, your staff responded to my letter, but did not provide any documents.

I appreciate the efforts EPA is taking to collect responsive documents, but I am concerned about the failure of the agency to meet the Committee’s January 10 deadline. I am also concerned that no schedules for document production are proposed in your letters.

In an effort to accommodate the agency without unduly delaying the Committee’s investigation, I ask that your staff work with Committee staff to establish by the close of business on January 16 mutually agreeable deadlines for producing documents to the Committee.

The Committee will also be conducting transcribed interviews or depositions of agency staff who may have knowledge of the agency’s deliberations. As a first step in this process, I request that a schedule be established by the close of business on January 16 for the interview or deposition of the following officials:

* Robert Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation
* Jason Burnett, Associate Deputy Administrator, Office of the Administrator
* Margo Oge, Director, Office of Transportation and Air Quality
* Karl Simon, Director, Compliance and Innovative Strategies Division, Office of Transportation and Air Quality
* Brian McLean, Director, Office of Atmospheric Programs
* Dina Kruger, Director, Climate Change Division, Office of Atmospheric Programs
* Rob Brenner, Director, Office of Program Analysis and Review

In prior investigations, the Committee has allowed counsel representing the agency to be present during transcribed interviews. In this case, since your own conduct is being examined, this accommodation would not be appropriate, although counsel employed by the agency may participate if they certify that their presence is as counsel for the witness. Attachments to this letter provide additional information about Committee interview and deposition procedures.

If you have any questions concerning this request, please have your staff contact Greg Dotson of the Committee staff at (202) 225-4407.

Sincerely,

Henry A. Waxman
Chairman


Comments (7)

Dee Illuminati wrote on January 14, 2008 2:54 PM:

This issue is more than just political grandstanding.

In my blog I connect some dots on who killed the electric car, the entire movie is available.

This was a similar incident where the legislation of California attempted to curb emmissions and the ensuing special interst outcome.

I also tied the news of a plug-in-hybrid to the story of the regulations surrounding grid-tied solar systems, and the state of Maryland's bylaws on net-meterring and the consequences of an electric car.

But the bottom line is this, States have important impacts on future growth and technology investments, and I think that the EPA decision to meddle in California is wrong.

But does this EPA decision surprise me? No. It will be interesting to follow the career of this individual and see where he lands as a consequence of tenure at EPA.

Oldtree wrote on January 14, 2008 2:56 PM:

To these lawmakers that appear to be attempting to navigate the rushing waters that surround and confound them about providing or not the information requested, but leaving privilege and decorum to interfere........

You two need to begin looking for work. You are ignoring lawbreaking unknown to our country before and have just come back from your nice vacation. I hate to bother you about the impeachment process being required to actually "do" something. However, I know that you have a different take on what "do" means.
Incredible that they would be willing to speak such sacrilege. "investigate" Where have any of your investigations gone in this last year? Have you received any answers, concluded there was any breaking of the law?
You are not earning your paycheck are you?

Praedor Atrebates wrote on January 14, 2008 3:13 PM:

Waxman jumps RIGHT on the EPA crap. It's been, what, a couple weeks since the EPA incorrectly decided to squelch California's emission standards? So, where is the alacrity when it comes to Sibel Edmonds? Waxman the liar has had MORE than enough time to fulfill his promise to investigate the Edmonds case and what has he done instead? Stuffed the case under the rug and pretended it doesn't exist.

Waxman is guilty guilty guilty or he would be investigating the more important case of Sibel Edmonds rather than this EPA dustup which will become moot no later than the 2008 election...but the corruption and harm done by those Sibel Edmonds caught wind of will go on forever.

Anonymous wrote on January 14, 2008 4:27 PM:

>>>It will be interesting to follow the career of this individual and see where he lands as a consequence of tenure at EPA.

Assuming you are talking about Administrator Johnson... My guess is American Petroleum Institute or Heritage Foundation.

Bert wrote on January 14, 2008 4:49 PM:

If they're SO worried about greenhouse gases, then spend ONE million dollars building a foundation for the process to take good ol' seawater and turn it into hydrogen, well, more accurately, extract the hydrogen from the seawater. Maybe they'll figure out some sort of whiz-bang byproduct where they can extract the gold from it, too...hmmmm....

Anything else is some sort of carbon credit consumer squeeze 3-card-monte...
save maybe biofuels. But, moral of the story is, if you don't set it on fire to begin with, there's no smoke to worry about...

The REAL fire CA should be concerned about is not the one turning the atmosphere into an unbreathable semisolid, but rather the one starting in their state budget, which has been a building problem for YEARS. Maybe the killer alien robot-enator will finally install that secondary math coprocessor and run the budget reconciliation program...errorerror line 310 divide by zero break No, STOP!
LOL

148 billion dollars take away 256 billion dollars=RECALL ELECTION/subsequent investigation. Or,
TOTAL REKALL or whatever...

Political pollution is JUST as bad, if
not worse, than environmental pollution...

Dee Illuminati wrote on January 14, 2008 5:45 PM:

to

Anonymous wrote on January 14, 2008 4:27 PM:

>>>It will be interesting to follow the career of this individual and see where he lands as a consequence of tenure at EPA.

Assuming you are talking about Administrator Johnson... My guess is American Petroleum Institute or Heritage Foundation.

That is what irritates me most about this election cycle, when you see how Arnold Schwarzenegger approached energy in the largest state in this country, a state larger than many countries, and the fact that he did it with a coallition of Democrats and Republicans, I can only sigh and shake my head when I see the 'other segment' of the GOP behave this way.

I sent money, knowing he would lose, to Bob Graham in 04. But I knew he was right about energy policy and a solar rooftop initiative.

I think that Arnold Schwarzenegger has the best overall grasp of what a domestic energy policy needs to be, but of course Schwarzenegger isn't running for POTUS so political will to do the right things was not an issue where he had to pander to the special interest groups that run DC.

But yeah, watch this guy's golden parachute, Club For Growth maybe?

I think that the only way that the US economy can climb out of, and remain out of a recession, is to import less oil.

The provokateur wrote on January 14, 2008 7:57 PM:

Waxman is owned by AIPAC. He is not allowed to investigate Sibel Edmonds issues because of Tom Lantos involvement.

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