For Immediate Release:
May 15, 2003
Contact: David Willett, 202-675-6698
2nd ANNIVERSARY OF BUSH ADMINISTRATION
KEEPING THE PUBLIC IN THE DARK
Update on Sierra Club's suit against Secret Cheney Energy Task
Force
"Instead of the traditional second anniversary gift of cotton, the Bush
Administration is giving billions of dollars to polluting industries while
Americans get energy market manipulation, more pollution for our land, air
and water, and increased dependence on oil," said Debbie Boger, Sierra
Club's Washington Representative for Global Warming and Energy.
Every American deserves a safe, clean, and affordable energy future.
Fortunately, the technology exists to get us there. But the Bush
Administration and Congressional leadership are taking us down the wrong
path with a destructive, expensive, and polluting energy bill. Much of the
bill stems from the Bush Administration's Energy Task Force plan, announced
two years ago and developed in secret with the help of energy industry
officials. Below is an update on the Sierra Club lawsuit to make public
information about those closed-door meetings.
The Cheney Energy Task Force: On January 29, 2001 President Bush
established the National Energy Policy Development Group, better known as
the "Cheney Energy Task Force." Formally, the Energy Task Force included
the Vice President and the Secretaries of Energy, Commerce, Interior,
Transportation, Agriculture, Treasury, and the EPA Administrator. According
to media accounts, energy industry leaders extensively participated in the
Task Force. As a result, the Energy Policy heavily favors these
industries; indeed, some parts of the Policy expressly mimic industry
proposals. On May 16, 2001 the Task Force issued its recommendations for a
"National Energy Policy" and Congress is now considering an Energy Bill
based on these proposals.
Latest Appeal in Sierra Club suit heard on April 17, Decision Expected in
the Next Few Weeks: Sierra Club is suing Vice President Cheney and the
Energy Task Force under the Federal Advisory Committee Act (FACA). The
group seeks an accounting of energy industry participation in crafting the
Bush Administration's destructive energy policy, which relies on subsidies
to polluting and outdated fossil fuel industries. Last year, the District
Court ordered the Bush Administration to provide information about
participation from these industries, which the Bush Administration refused
to do, claiming Constitutional immunity from such inquiries. The District
Court rejected that contention, pointing out that the Administration was
attempting to "cloak what is tantamount to an aggrandizement of Executive
power with the legitimacy of precedent where none exists." The
Administration appealed and is now asking the D.C. Circuit to make new law
that would effectively shield it from any legal scrutiny. At a hearing
for the D.C. Circuit court, the panel of judges chastised the Bush
Administration's defense. Judge Harry T. Edwards told the Administration's
lawyers, "You pretend there's no law on the books," and "You have no case."
A decision for the court is expected within a few weeks.
The Federal Advisory Committee Act (FACA): Congress enacted FACA to
regulate precisely this sort of special interest influence over government
policy. FACA requires advisory committees to open their meetings and
records to the public. If Sierra Club prevails, the Administration will
have to disclose extensive information about Task Force membership, actions
and records. With Court approval, Sierra Club has asked for information
about energy industry participation in the Task Force. The Bush
Administration point-blank refused to respond, arguing instead that the
Constitution categorically prohibits such inquiries. When the District
Court rejected this argument, the Administration brought this appeal.
Other Requests For Information: Sierra Club's case has been consolidated
with a FACA case brought by Judicial Watch. In addition, the General
Accounting Office (GAO) also sued (under a different law), seeking similar
information. (GAO's case was dismissed in December, 2002, and GAO did not
appeal.) Finally, the Natural Resources Defense Council (NRDC) used the
Freedom of Information Act (FOIA) to seek information from various agencies
about the Task Force. When these agencies did not comply with FOIA, NRDC
sued, and its case is currently pending in federal district court.
Energy Bill Takes Us Backward -- America Can Do Better
The Energy Policy Act of 2003 threatens the environment and takes us
backwards by entrenching our dependence on polluting sources of energy.
From opening up our coasts and special places to oil development, to
removing key consumer protections in electricity markets, to funneling
billions of dollars to polluting industries, this bill fails on all counts.
Instead of an energy bill that takes us backwards, the country needs an
energy policy that cuts our dependence on oil, increases our use of clean,
renewable energy sources like wind and solar power and protects our special
places from drilling. The current bill is even worse than last year's
energy bill and should not be passed. The Sierra Club calls on the Senate
to reject this irresponsible and environmentally destructive legislation.
* Threatens our coasts and other public lands. The bill allows new oil
exploration all along the Outer Continental Shelf (OCS) using invasive
technologies that will damage sea life and ocean habitat in environmentally
sensitive areas. In addition, the bill would open our public lands to
further destructive drilling and mining operations. These provisions
threaten some of our nation's most unique wilderness areas and critical
fish and wildlife habitats that provide the headwaters for most of the
drinking water in the West.
* Puts consumers at risk from electricity market manipulation. The bill
repeals the nation's oldest law that protects electricity consumers -- the
Public Utilities Holding Company Act (PUHCA). This would allow power
companies to set up multiple subsidiaries and blur their financial reports,
opening the door to the type of market manipulation that was seen during
the California energy crisis.
* Funnels billions of dollars to polluting industries. The bill
provides close to 10.7 billion dollars in tax breaks to polluters,
including a first-ever tax break for burning coal. In addition, the bill
provides tens of billions of dollars in loan guarantees to build new
nuclear plants and indefinitely exempts the nuclear industry from
liability. The bill also allows the oil and gas industry to stop or reduce
royalty payments to the government and states at a time when they are in a
fiscal crisis.
* Undermines the property rights of farmers and ranchers by providing
incentives for destructive coalbed methane drilling that ignores the rights
of surface property owners. This practice threatens thousands of acres of
sensitive lands in the West and its scarce water resources.
* Removes environmental protections for Native American lands. The bill
removes the protections of the nation's hallmark environmental law, the
Nation Environmental Protection Act, from Native American lands, opening
them up to destructive mining and drilling projects.
* Does nothing to cut the nation's dangerous dependence on oil. The
country's dependence on oil threatens our national security and our
environment. There are many opportunities to cut our oil consumption
economy wide, particularly from the biggest consumers -- our cars and
trucks. Making new cars and trucks go further on a gallon of gas is the
biggest single step we can take to curbing our dependence on oil.
* Does nothing to increase our use of clean, renewable energy. The bill
fails to include a Renewable Energy Standard (RES) that would ensure that
more of our electricity comes from clean, renewable energy sources like
wind and solar power. Encouraging the use of clean, renewable energy would
reduce air pollution and global warming emissions that threaten public
health.
For more information, contact David Willett at 202-675-6698 or
[log in to unmask]
David Willett
Associate Press Secretary
Sierra Club
(202) 675-6698
[log in to unmask]
Erin E. Jordahl
Director, Iowa Chapter Sierra Club
3839 Merle Hay Road, Suite 280
Des Moines, IA 50310
515-277-8868
[log in to unmask]
www.iowa.sierraclub.org
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