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in crafting the Bush Administration's destructive energy policy, which relies on subsidies to polluting and outdated fossil fuel industries.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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp