CQ TODAY – ENVIRONMENT
July 24, 2008 – Updated 3:56 p.m.
Republican Boycott Blocks Senate Panel Vote on EPA Subpoena

The Senate Environment and Public Works Committee canceled a vote Thursday to subpoena the EPA administrator after Republicans boycotted the meeting.

Under committee rules, two Republicans must be present in order to achieve a quorum. Chairwoman Barbara Boxer, a Democrat who represents California, is seeking a draft document the EPA prepared late last year that found that greenhouse gas emissions endanger public welfare.

The EPA draft was part of a response to a 2007 Supreme Court decision that found greenhouse gases were pollutants under the Clean Air Act. If the EPA decides emissions endanger the public, the next step would be regulations to limit those emissions.

The EPA forwarded the document to the White House in an e-mail message in December. The White House then refused to open the document and asked EPA officials to retract it.

The EPA recently decided to seek comment on greenhouse gas regulations but is unlikely to move forward under this administration.

Senators Viewed Document With Restrictions

Boxer said that the quashed EPA draft was the strongest official statement she has seen on the dangers of global warming.

“It recounts, point by point, the unequivocal evidence for global warming and the growing list of the impacts unchecked global warming will have on our people and on every region of our country,” the senator said.

But Republicans object to the move. The panel’s ranking Republican, James M. Inhofe of Oklahoma, called it “unwarranted and not focused on true oversight.”

He said Boxer’s actions were “a political exercise that is intended . . . to help keep this issue of alleged administration interference alive in the press as long as possible.”

The White House this week allowed Boxer and other senators to review the document and take “reasonable notes,” but they could not distribute it or make copies. White House officials were present when Senate staff reviewed the document.

Senate staff members expect to continue looking at the document this week.

Boxer said John W. Warner, R-Va., wanted to read it before deciding if he wanted to vote to subpoena. She said it is possible the committee could meet for the vote if two Republicans change their minds and decide to attend.

With no prospect of a vote, Democrats on the committee who showed up for the meeting instead chastised the administration.

“If we want to come up here every day and sit in front of empty chairs . . . let’s just do it,” said Frank R. Lautenberg, D-N.J. “Maybe what we ought to do is have a hearing at 4 in the morning and see if we can wake the press up.”

Even if the committee did find the votes for a subpoena, the White House likely would assert executive privilege and refuse to hand over the document. The Bush administration recently did just that when Rep. Henry A. Waxman, D-Calif., requested separate EPA documents.

Meanwhile, Senate Judiciary Chairman Patrick J. Leahy, D-Vt., canceled a hearing scheduled for July 30 after EPA Administrator Stephen L. Johnson refused to testify. The hearing was intended to explore Bush administration efforts to withhold information from Congress, including executive privilege claims.

In a July 22 letter, EPA Associate Administrator Christopher Bliley wrote that Johnson “will not be able to appear at this hearing,” but he did not explain why.

“This administration, once again, seeks secrecy over accountability,” Leahy said. “They feel that the end justifies the means. Unfortunately, their means do not bring about an end that the American public wants.”

Sheldon Whitehouse, D-R.I., said he has been “extremely dissatisfied” with Johnson’s failure to answer questions at previous Environment Committee hearings. “Frankly, it has been insulting to the institution of Congress,” he said.

“He has a busy schedule and these issues have been well-discussed and reviewed,” said EPA spokesman Jonathan Shradar.

First posted July 24, 2008 12:33 p.m.

Source: CQ Today
Round-the-clock coverage of news from Capitol Hill.
© 2008 Congressional Quarterly Inc. All Rights Reserved.