Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.
In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, "alleging 7,880 air quality violations at three coal-burning power plants since 2009," according to the St. Louis Post-Dispatch.
Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed "multiple conflicts of interest." Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):
"Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible." [...] "By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.
This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability. An anonymous source "familiar" with this case, likely one of Holmstead's colleagues at Bracewell & Guiliani, has been attempting to spin this embarrassing dismissal to reporters at Bloomberg and E&E Publishing. Ameren claims the judge has no proof that Holmstead would use privileged information, ignoring the judge's reference that Holmstead himself said he would use information from "internal meetings" during his time at EPA.
Jeffrey R. Holmstead, a partner at Bracewell & Guiliani who represents coal mining and utility clients like Arch Coal, Duke Energy and Southern Company, spent four years as EPA's assistant administrator for Air and Radiation under President George W. Bush. His career is a dirty legacy of work against the public interest.
Holmstead's tenure at EPA was controversial all the way from his appointment, protested by U.S. Senators for his previous lobbying for coal companies, until his departure. He was caught censoring science within his office and single-handedly derailed a mercury pollution regulation that would have prevented thousands of premature deaths every year. Holmstead's interference blocked mercury pollution controls at U.S. coal plants for eight full years, as Greenpeace has documented, and confronted Holmstead directly for explanation.
While Ameren from his former government employer, Jeff Holmstead has been working to undermine the nation's first ever attempt to limit carbon pollution from U.S. power plants, misleading the public with fears that these rules will increase their utility bills. Holmstead has been repeatedly fact-checked on his conflation of electricity rates with people's bills, ignoring how energy efficiency measures are expected to lower bills over the long term, and also ignoring the immense costs of coal pollution to the public. Holmstead's office runs a front group called the Electric Reliability Coordinating Council (ERCC) to advocate for these polluters against climate and clean air rules, and representing ERCC, he has personally accompanied an Arch Coal lobbyist to the White House to undermine climate regulations.
Again, Greenpeace has directly sought answers from Mr. Holmstead on why he has dedicated his life to protecting companies that not only undermine science, but quite literally kill people as a regular part of their business operations:
It's nice to see a judge finally toss the fox out of the hen house. Jeff Holmstead says what he's paid to, and his clients make that money by polluting for free.
If you're John Stossel and you want to host a segment to rail against the US Environmental Protection Agency, who ought you call?
It turns out, a man who was convicted and sentenced to six months in prison for defrauding the EPA!
Stossel's guest last night, Jay Lehr, was sentenced to six months--serving three--in a minimum security federal prison back in 1991, and his organization at the time was fined $200,000. So Jay Lehr knows about EPA corruption better than anyone: he was the guy caught "falsifying employee time sheets on a government contract" for EPA, according to the Columbus Dispatch.
Ironically, Lehr told Stossel that EPA is "fraudulent" in estimates of amounts of pollution that pose hazards to people's health, such as particulate matter in coal pollution, estimated to prematurely kill 13,000 Americans every year, according to the American Lung Association.
John Stossel did not mention Lehr's fraud conviction. Perhaps he didn't know his guest defrauded US taxpayers, but Stossel and Lehr share a flair for denial of global warming for polluting corporations like Koch Industries, which has financial ties to both men. Heartland is part of the Koch brothers-funded State Policy Network--the massive apparatus of state-based and national front groups that push political agendas that are favorable to billionaire executives like Charles Koch. Heartland itself has received money from Koch foundations.
Stossel hosts "Stossel in the Classroom," a product of the Koch-funded Center for Independent Thought. When Stossel ran a TV segment in 2009 that was intended to mislead students about the scientific reality of climate change, Koch's Claude Lambe Foundation gave CIT $35,000. The Center for Independent Thought has continued to receive money from Koch foundations every year since, according to IRS tax filings.
According to a Heartland Institute email advertising Lehr's attendance on Stossel's show, Mr. Lehr's relevance in attacking the EPA comes from a Heartland report he wrote urging the agency to be "systematically dismantled." This coming from a group soliciting money from coal company Murray Energy, former ExxonMobil lobbyist Randy Randol and the Charles Koch Foundation.
This all fits into the framework that is becoming nauseatingly familiar to American voters: billionaires pull the strings, and our voices don't matter. Stossel is just one of many Koch-funded or Koch friendly media personalities that wrap Charles Koch's values in patriotic rhetoric and un-factual packaging. Meanwhile, people like Jay Lehr at groups like Heartland continue to carry Koch's water into the policy arena, influencing politicians to do things like undermine enforcement of laws to reduce air and water pollution or mitigate dangerous climate change.
USA V. LEHR, ET AL, Case Number: 2:91-CR-00068, Charges Filed 04/26/1991, U.S. District Court Southern District of Ohio.
If you're a coal lobbyist like Jeff Holmstead, getting stuck in an elevator with Greenpeace activists is an inconvenient occupational hazard, especially if you then can't find a cab and cars are honking at your during an uncomfortable conversation about your work to attack pollution laws. See this K Street confrontation for yourself.
If you've followed the news around EPA's proposed Clean Power Rule, which aims to reduce the U.S. power sector's large contributions to global warming, you've probably seen Jeffrey Holmstead in the news. Usually, Holmstead is presented as a "partner" at Bracewell & Giuliani, and as a former EPA assistant administrator for air and radiation under George W. Bush.
This descriptor fails to present Holmstead's current and past work as a registered lobbyist for coal companies, and leaves out the destructive decisions that Holmstead made in his stint at EPA, which directly contributed to the premature death of tens of thousands of people in this country. It leaves out the $17.5 million that coal industry clients have paid Bracewell & Giuliani for its lobbying services, where Mr. Holmstead is a prized hired gun against the EPA.
This is why I began our tense conversation with a simple question: why doesn't Jeff Holmstead use his skills, qualifications and experience to find real solutions to global warming?
Every time Mr. Holmstead has appeared in the news to discuss the EPA's proposed Clean Power Rule to reduce U.S. carbon emissions, he doesn't have much good to say. "As someone who believes in the rule of law, I think this clearly goes beyond what EPA is allowed to do under the Clean Air Act,” Holmstead said at an event yesterday at the Bipartisan Policy Center, where I asked if his naysaying is simply to help Arch coal sell coal. Notice that Holmstead doesn't respond: see minute 7:30 in bottom video posted by BPC.
Mr. Holmstead's criticisms aren't surprising for a coal lobbyist, but Holmstead rarely acknowledges his coal clients and instead uses his former EPA credentials and his legal expertise to help steer Washington DC politicians, lawyers and journalists toward the coal industry's interpretations of proposed environmental regulations.
Holmstead likes to conflate rising electricity rates with the average consumer's utility bill, ignoring the proposed rule's well-known intent to reduce consumer bills through energy efficiency targets. This deceptive talking point was called out by Susan Tierney of the Analysis Group at yesterday's event at the Bipartisan Policy Center. Holmstead knows this isn't honest--he was previously called out by NRDC's Frances Beineke during a segment on The Diane Rehm Show.
He talks about how reducing U.S. emissions won't make a dent in reducing global emissions, thanks to rising coal use in coutries like China and India, as if the U.S. first real national attempt to reduce emissions won't give us legitimacy in global climate negotiations. When I used this as an example of one of Mr. Holmstead's obstruction tactics.
With the science understood, with the financial stakes so high and with shocking estimates of the current human death toll from global warming, why does Jeffrey Holmstead make a career working for an industry that is killing people?
I don't have an answer, but I have sought one. For "someone who believes in the rule of law," Mr. Holmstead has found a lot of ways to protect coal company executives at the expense of other people, within the boundaries of law or outside of the boundaries of enforcement. Avoiding personal responsibility is nothing new for Mr. Holmstead. In 2011, I confronted him for his decisions to delaying mercury regulations at U.S. power plants for eight full years, a decision he made as head of the George W. Bush EPA's air and radiation office. That decision allowed tens of thousands of people to prematurely die from mercury's toxic effects, according to EPA estimates of the rule's health benefits.
After I was booted out, Gabe Elsner of the Energy and Policy Institute asked Mr. Holmstead about his role in delaying mercury regulations. The interaction says a lot about Holmstead's aversion to recognizing the indirect role he has played in hurting people:
For someone whose decisions have had a terrible impact on the American public, Jeff Holmstead has faced little accountability for his sooty legacy. PolluterWatch will continue to monitor and expose the coal industry's work to undermine public health and public policies designed to solve problems their business creates.
SourceWatch: Jeffrey R. Holmstead
Amid a dump of leaked American Legislative Exchange Council documents published by The Guardian last week, North Carolina is asking Duke Energy: Have you finally dumped ALEC?
NC WARN and ProgressNC have both raised the question, based on Duke Energy's inclusion in a list of "Lapsed" private sector ALEC members featured in The Guardian and an article in the Raleigh News & Observer.
ALEC's notes for Duke Energy's lapsed membership, as of April 22, 2013, only say "Merged with Progress Energy, new contacts," indicating that Duke's absence was only temporary as new personnel were assigned to participate in ALEC's work. Duke and Progress merged into the largest U.S. utility company last year.
Duke Energy, North Carolina's monopoly utility company, has long been a member of ALEC. Last year, Duke Energy refused to leave ALEC even after being petitioned, emailed and called by over 150,000 people to defect. ALEC's controversial legacy includes blocking climate change policies as part of Big Oil's 1998 master plan, the NRA's Stand Your Ground laws, which increase homicide rates, and "Voter ID" bills that suppress legitimate American voters, especially students, the elderly and people with brown skin.
While Duke Energy has resisted calls to dump ALEC, it has responded to the pressure by distancing itself from several items on ALEC's dirty lobbying laundry list:
- Duke has repeatedly pushed back on any association with ALEC's Stand Your Ground and voter suppression laws.
- Duke's call for action to address global warming clash with ALEC's legacy of climate change denial, including new draft policies to interfere with the U.S. Environmental Protection Agency's greenhouse gas rules, and a bill that forces teachers to misrepresent climate change science to their students, now law in at least four states, thanks to state legislators implementing ALEC's model bills.
- Duke has explicitly denounced ALEC's attacks on state Renewable Portfolio Standards-laws to increase utility electricity generation from cleaner sources. Duke takes credit for helping create North Carolina's RPS.
So why has Duke Energy resisted popular pressure to leave ALEC, including from its own ratepayers? If Duke doesn't like ALEC's history shilling for climate change deniers, nor the National Rifle Association, nor the Republican party's voter disenfranchisement strategies, what is making Duke stay?
ALEC's new attacks on rooftop solar electricity producer are right in line with Duke Energy's attempt to pay back 29% less to homeowners whose solar panels feed extra electricity back into the grid, despite the fact that these homeowners fronted the costs of installing and maintaining solar panels themselves.
Duke is terrified of the prospect of rooftop solar energy, which threatens its century-old monopoly business model. Duke is used to being the dominant company providing power to North Carolina residents, and they can basically charge customers as much as they want. More customers are choosing to install their own solar panels as the technology rapidly becomes cheaper, keeping money in the pockets of ratepayers rather than Duke's executives.
ALEC's Updating Net Metering Policies Resolution, discussed last week at its States and Nation Policy Summit in Washington, DC, would complement dirty utilities like Duke Energy that are working to make it more costly for people to feed their own solar power into the electrical grid. See here for ALEC's new anti-environmental resolutions.
Which Utilities will be Using ALEC's State Lawmakers to Attack Solar Energy?
The new ALEC resolution was crafted with help from lobbyists at Edison Electric Institute, the primary trade association for Duke and most other large U.S. utility companies.
EEI's roster also includes Arizona Public Service (APS), the utility that tried to force Arizona's residential solar electricity producers to pay $50 per month for feeding unused electricity back into the grid. In the end, the monthly fee was reduced to $5 per month, which still serves as a disincentive for homeowners to install their own solar panels.
As it sought to make net metering more expensive for small-scale solar producers, APS lied to the public, denying its funding of anti-solar TV advertisements run by Koch brothers front groups.
APS recently rejoined ALEC after disassociating for a short year. ALEC's Energy, Environment and Agriculture task force includes APS and presumably Duke Energy, among other dirty energy giants. The EEA task force is governed by American Electric Power's Paul Loeffelman and Wyoming state Representative Thomas Lockhart, friend of the coal industry.
Duke Can Still Do the Right Thing
Duke Energy needs to make its intentions clear.
The company can go with the Koch brothers, ALEC, and companies like APS, and financially punish North Carolinians who choose to produce their own electricity. Or, it can finally dump ALEC, its bad policies and anti-democratic processes and shift to a business model that embraces the power of the sun. It can continue to plan around a cost on carbon emissions and phase out dirty coal that aggravates everything from climate change to water pollution to asthma.
We hope to get the right answer from Duke Energy soon.
Last week, six Greenpeace activists attended a U.S. House Energy & Power Subcommittee hearing on President Obama's climate change action plan. We stood out--we wore tin foil hats to highlight the insanity of denying global warming, as some members of Congress continue to do here in 2013.
Last night, Rachel Maddow asked U.S. Environmental Protection Agency Administrator Gina McCarthy about the tin hats and the significance of policymakers that deny a top priority problem for the EPA:
Here's the teaser that led into that clip:
The U.S. public is increasingly wising up to the reality of global warming. We're being hit by more and more multi-billion dollar climate & weather disasters like hurricane Sandy, the recent Great Plains heat waves and (most likely) ongoing "unprecedented" flooding in Colorado--disasters pushed beyond their natural variability by the changing conditions of our new climate. The latest science tells us to expect more of this, and to expect things to get worse.
The people who are paid to professionally deny climate change need to be continually exposed. The politicians who prioritize their fossil fuel donors over their constitutents need to be exposed.
The tin foil hats were one portion of Greenpeace's ongoing effort to hold climate deniers accountable for their wildly irresponsible behavior. Stay tuned for more.
Originally posted by Steve Horn at DeSmogBlog.
The Associated Press has a breaking investigative story out today revealing that the Obama Administration's Environmental Protection Agency (EPA) censored a smoking gun scientific report in March 2012 that it had contracted out to a scientist who conducted field data on 32 water samples in Weatherford, TX.
That report, according to the AP, would have explicitly linked methane migration to hydraulic fracturing ("fracking") in Weatherford, a city with 25,000+ citizens located in the heart of the Barnett Shale geologic formation 30 minutes from Dallas.
It was authored by Geoffrey Thyne, a geologist formerly on the faculty of the Colorado School of Mines and University of Wyoming before departing from the latter for a job in the private sector working for Interralogic Inc. in Ft Collins, CO.
This isn't the first time Thyne's scientific research has been shoved aside, either. Thyne wrote two landmark studies on groundwater contamination in Garfield County, CO, the first showing that it existed, the second confirming that the contamination was directly linked to fracking in the area.
It's the second study that got him in trouble.
"Thyne says he was told to cease his research by higher-ups. He didn’t," The Checks and Balances Project explained. "And when it came to renew his contract, Thyne was cut loose."
From Smoking Gun to Censorship: Range Resources Link
The Obama EPA's Weatherford, TX study was long-in-the-making, with its orgins actually dating back to a case of water contamination in 2010. The victim: Steve Lipsky.
"At first, the Environmental Protection Agency believed the situation was so serious that it issued a rare emergency order in late 2010 that said at least two homeowners were in immediate danger from a well saturated with flammable methane," the AP wrote.
AP proceeded to explain that Lipsky had "reported his family's drinking water had begun 'bubbling' like champagne" and that his "well...contains so much methane that the...water [is] pouring out of a garden hose [that] can be ignited."
The driller in this case was a corporation notorious for intimidating local communities and governmental officials at all levels of governance: Range Resources. Range, in this case, set up shop for shale gas production in a "wooded area about a mile from Lipsky's home," according to the AP.
As DeSmogBlog revealed in November 2011, Range Resources utilizes psychological warfare techniques as part of its overarching public relations strategy.
Due to the grave health concerns associated with the presence of methane and benzene in drinking water, the Obama EPA "ordered Range...to take steps to clean their water wells and provide affected homeowners with safe water," wrote the AP.
Range's response? It "threatened not to cooperate" with the Obama EPA's study on fracking's link to water contamination. The non-cooperation lead to the Obama EPA suing Range Resources.
It was during this phase of the struggle where things got interesting. As the AP explained,
Believing the case was headed for a lengthy legal battle, the Obama EPA asked an independent scientist named Geoffrey Thyne to analyze water samples taken from 32 water wells. In the report obtained by the AP, Thyne concluded from chemical testing that the gas in the drinking water could have originated from Range Resources' nearby drilling operation.
Despite this smoking gun, everything was soon shut down, with the Obama EPA reversing its emergency order, terminating the court battle and censoring Thyne's report. The AP explained that the Obama EPA has "refused to answer questions about the decision."
"I just can't believe that an agency that knows the truth about something like that, or has evidence like this, wouldn't use it," Lipsky, who now pays $1,000 a month to have water hauled to his family's house, told the AP.
"Duke Study" Co-Author Confirms Veracity of Thyne's Study
Robert Jackson, a Professor of Global Environmental Change at Duke University and co-author of the "Duke Study" linking fracking to groundwater contamination did an independent peer review of Thyne's censored findings. He found that it is probable that the methane in Lipsky's well water likely ended up there thanks to the fracking process.
Range predictably dismissed Thyne and Jackson as "anti-industry."
Americans Against Fracking: An "Unconscionable" Decision
Americans Against Fracking summed up the situation best in a scathing press release:
It is unconscionable that the Environmental Protection Agency (EPA), which is tasked with safeguarding our nation’s vital natural resources, would fold under pressure to the oil and gas industry...It is again abundantly clear that the deep pocketed oil and gas industry will stop at nothing to protect its own interests, even when mounting scientific evidence shows that drilling and fracking pose a direct threat to vital drinking water supplies.
There's also a tragic human side to this tale.
"This has been total hell," Lipsky told the AP. "It's been taking a huge toll on my family and on our life."
Today at a well-attended energy forum hosted by Politico, I shed some light on the role of coal lobbyist Jeffrey Holmstead in blocking pollution reductions for his coal utility and mining clients after he said we can't "regulate our way to clean energy." Here's the video:
UPDATE 11/16: Holmstead was later confronted on camera by Gabe Elsner of the Checks and Balances Project after the disruption at the Politico forum. Watch Holmstead re-write the history of his attacks on mercury pollution laws:
As I waited inside for Mr. Holmstead to step on stage, members of Greenpeace's Climate Crime Unit stood outside handing out WANTED posters of both Holmstead and chief oil lobbyist Jack Gerard of the American Petroleum Institute, who was also present.
Jeff Holmstead, who is often quoted in newspapers as a former Air and Radiation Administrator for the George W. Bush Environmental Protection Agency or a "partner" (read: lobbyist) at Bracewell & Giuliani's corporate law firm here in DC, is rarely credited as an influence peddler for some of the most notorious polluters in the country.
Polluters like Duke Energy, Southern Company, and Arch coal are paying Holmstead's bills. These laggard coal-reliant companies are responsible for ecologically destructive coal mining and the carbon dioxide emissions that drive global climate change, not to mention a litany of dangerous pollutants.
Jeff Holmstead's job as their lobbyist is to delay any clean air rules, clean water rules or climate change laws that threaten the billions in profit these companies make by getting to pollute for free. Since he started officially working for them, his firm has been paid over $13.7 million dollars for the dirty work of Holmstead and his partners at Bracewell & Giuliani. He is the perfect example of the political revolving door: he was a coal lobbyist who was placed at the head of our government's clean air department before jumping back on the payroll of coal companies to dismantle the rules he was supposed to uphold. Here are some of
Holmstead's greatest polluter hits:
- Eight years of delay for mercury pollution controls at US power plants. As part of the George W. Bush EPA, Holmstead swapped out a technology-based solution to mercury emissions from coal plants with a rule that was later declared illegal by a US District Court. This bait-and-switch happened in December, 2003; it took the US EPA until Dec. 2011 to put the effective mercury rule back in place. EPA currently estimates that up to 11,000 people's lives could be saved each year by controlling mercury pollution--see EPA Factsheet.
- Led the Bush administration's "Clear Skies Initiative," a deceptively-titled name for a series of proposed air pollution laws that actually allowed for more coal pollution.
- Attacks on greenhouse gas regulations through the Clean Air Act: Holmstead was the infamous co-author behind the scenes of Senator Lisa Murkowski's "Dirty Air Act" in 2010.
- Ongoing attacks on pollution controls through ERCC front group: the "Electric Reliability Coordinating Council" is a coal industry front group run out of Holmstead's office. They have worked to block any regulation of poisonous coal ash, greenhouse gas emissions from coal and the mercury pollution controls that Holmstead already delayed for eight years.
- Work for a Koch front group that denied the existence of acid rain: "Citizens for the Environment" was a spinoff of the Koch-founded Citizens for a Sound Economy, which eventually became David Koch's Americans for Prosperity. Citizens for the Environment had no actual citizen membership, according to the New Yorker.
FOR MORE: See Jeff Holmstead's PolluterWatch profile.
“Mr. Holmstead, Southern Company and Duke Energy pay you to block those regulations. They pay you to block climate legislation. They don’t want clean energy. You need to be reported as the coal lobbyist that you are. When you were in the George W. Bush EPA you blocked mercury controls on power plants for eight years. Eight years—do you know how many thousands of people may have died as a result of that decision, Mr. Holmstead? You need to be held accountable for that. You need to be held accountable as a lobbyist for coal interests.” (click to return to top)
[See more advertisements at www.quitcoal.org/coalads]
“Can coal be cleaned before it’s burned? Of course it can!
Although this language comes from a 1970s advertisement from coal giant American Electric Power, this claim would be right at home with today’s “clean coal” advertising.
When someone sent us some old 1970’s newspaper advertisements from coal-burning giant American Electric Power, questioning proposed regulations to stop coal pollution, the language had a familiar ring to it. How long had the industry been telling us that coal was clean? Has the industry been using the same deceptive advertising campaigns to scrub its image (and delay important regulations to protect public health) for decades? So we went back through the archives to review the record.
We found that the coal industry has spent at least four decades spinning lies to convince us coal is clean, and any scientific evidence on pollution is crooked. The industry further claims that any pollution regulation will cost jobs and cripple the economy.
The origins of truth spinning by the coal industry dates back to the birth of public relations in the first part of the twentieth century. The coal industry claimed they had cleaned up dirty coal eliminating the “black froth” on streams so that nearby waterways would remain “pristine.”
The 70’s and the Clean Air Act
The real spin from the coal industry began in the 1970’s when the Clean Air Act introduced air quality guidelines to curb sulfur dioxide and nitrous oxide that come from burning coal.
AEP also ran ads warning that scrubbers designed to remove life-threatening pollutants from smokestack emissions wouldn't work, but would create large quantities of “oozy gook.”
In contrast, today AEP’s subsidiary, Appalachian Power has quite a different take on scrubbers. The company states on its website that the sludge from scrubbers is harmless: “…. This harmless substance then is sent to a landfill. The scrubber captures almost all of the SO2 produced from burning coal. That makes our air cleaner. It also gives plants the flexibility to use locally-available high-sulfur coal, which helps keep fuel costs low.”
To get around the local pollution problems and to adhere to the new air quality regulations, the industry started building tall stacks to disperse the pollution instead of reducing it. When the EPA targeted tall stacks, AEP again fought them tooth and nail.
When the Middle East oil embargo sent gas prices skyrocketing, the industry tried to use concerns about the crisis to support its agenda. The Saudis would buy US coal, screamed one advertisement. “What time is the electricity on today?” asked another. “Fanatical Environmentalists” were threatening America’s future, according to one ad.
What acid rain?
In 1980 the U.S. government began what would be a decades-long effort to grapple with the problem of acid rain caused by sulfur emissions from coal-fired power stations.
The coal industry attacked the emerging scientific consensus on acid rain. Edison Electric Institute, funded by the utility industry and member of the Coalition for Energy Environment Balance, published “Facts About Acid Rain.” The author, Alan Katzenstein, later worked for the Tobacco Institute and claimed that second hand smoke was harmless.
1990 Clean Air Act Amendments
When the Clean Air Act was amended in 1990 despite a barrage of industry-launched court cases, scrubbers became mandatory for all new power plants. Yet the coal industry still argued that regulation would “short circuit America’s electricity system”
But the lights stayed on.
In fact, the 1990 Clean Air Act amendments have saved billions of dollars spent on human health and worker days, according to a 2011 EPA analysis. A 2009 EPA report states that acid rain deposits over the US have decreased by 43 percent.
Enter the Greenwash
Once the coal industry had to comply with new standards, it began scrubbing the record of its resistance to public health standards. The industry claimed that its state of the art technology cleaned up the emissions and pollution from coal plants that they had furiously spurned the previous decade. “A cleaner environment is on everyone’s agenda” said the EEI.
Enter climate science denial
By the early 1990’s, there was a new threat to Big Coal. After years of scientists' warnings about the impacts of greenhouse gases from burning coal and other fossils fuels, climate change began to emerge as a widespread concern. Once the Intergovernmental Panel on Climate Change released its first report, the coal industry rolled out the same attacks on the scientific evidence.
A new industry front group, Information Council on the Environment, ran a test series of advertisements challenging climate science. The objective was to “reposition global warming as theory, not fact.” This strategy formed the beginnings of a decades-long, industry-funded campaign of climate science denial that continues to this day.
An economic argument was also used against climate action, with claims that a treaty like the Kyoto Protocol would ruin the economy. The “not global, won’t work” mantra of these ad campaigns has been a consistent excuse from U.S. officials in international climate talks for the last 12 years.
The new “clean coal”
By the 2000’s, the coal industry increasingly relied on its “coal is clean” mantra.
Americans for Balanced Energy Choices, the coal industry coalition, argued that coal was “better for the economy and cleaner for our environment.”
Industry convinced federal agencies to pour taxpayer subsidies into a search for new coal emissions technologies including “carbon capture and storage,” or CCS.
CCS would bury C02 in underground aquifers. Despite being a prohibitively expensive and unproven technology, it has become the new poster child for clean coal.
By 2007, ABEC was claiming that they were going “beyond clean”. CCS was portrayed as being just around the corner, and pollutants like SO2 and NOX were now reduced to “near zero.”
In 2008, ABEC morphed into the “American Coalition of Clean Coal Electricity” (ACCCE) that mobilized industry supporters across the country before the elections. ACCCE now claims “clean coal technology is real – and it is deployed across the U.S. and around the world to the benefit of people and our planet.”
The coal industry has spent decades trying to convince Americans that protecting our health and the environment will destroy the economy and leave us in the dark.
Yet our country has continually improved public health and environmental protections without the economic disasters hyped by the coal industry.
We couldn’t believe them then. Why should we believe them now?
Written by Kyle Ash, crossposted from Greenpeace Blogs
It has become tiresome to rip on President Obama for failing America and the world on climate. We could not help but get excited in November 2008 when we realized Bush II and his oil lackeys were out of office in two months. But one could argue that President Obama led us on by saying things like “Now is the time to confront this challenge once and for all.” And, regarding White House leadership, “That will change when I take office.”
The bar for Obama administration action on climate has become so low that it doesn’t take much to get people excited. For example, the President used the words “climate change” during his recent state of the union address, having failed to mention this existential dilemma last year. Some people read a lot into that.
So, yesterday, it was unsurprising to see an over-excited reaction to a State Department announcement on a new climate initiative. President Obama’s Secretary of State, Hillary Clinton, called a press conference to announce that the United States and several other countries would start a new, official collaboration to reduce short-lived climate pollutants, such as methane, black carbon and HFCs. However, it’s pretty clear that this is no announcement about US policy to reduce climate pollution. It’s great countries are talking, but also not new. The US contributed $12 million for this collaboration. This is is about what Mitt Romney would have earned after taxes if he paid the same tax rate my mother does. $12 million is lot of money for one person, but for an intergovernmental partnership to tackle global climate disruption, it’s laughable.
The best thing about Secretary Clinton’s announcement yesterday is that the Obama administration publicly professed to being active on climate, and reiterated actions they’ve been taking already to reduce climate pollution. The worst thing about yesterday’s announcement is that it reminded everyone of what the Obama administration has done to increase climate pollution. A large funder of Obama’s campaign in the past, who has contributed $35 million to campaigns and environmental causes, announced her support was gone because of Obama’s failures on climate.
Let’s put this in context.
A lot was achieved up front when the President pushed for passage of the American Recovery and Investment Act of 2009. The bill included grants and tax incentives for efficiency and renewables production and research, smart grid development, and low-emissions vehicles. The Obama administration has continued to press continuing incentives for renewables and efficiency. The Environmental Protection Agency has not yet implemented any standards for large stationary sources of climate pollution that have any significant impact, but the new vehicle standards will have an impact. Expectations for EPA, however, remain much higher than for the rest of the Obama administration, and we still hold out hope for climate pollution standards to be strengthened on both vehicles and stationary sources.
So far, we can’t put a number on how much less climate pollution the world will see because of the Obama administration. We can say that the US goal of 17% under 2005 levels by 2020 is so unambitious that it was possibly imminent before the President announced it. We can also say that the Obama administration may be doing as much to increase climate pollution through other measures.
Although the President has continued to call for the removal of fossil fuel subsidies, the reality is that his administration has been a great friend to coal, oil, and gas.
President Obama’s administration has decided to increase coal mining on public lands, for example in Wyoming where federal leases will allow mining of about 758 million tons of coal. Although some of this coal will definitely be burned in the US, the administration intends to use coal mining expansion to help meet its goal of doubling exports by 2014. So, although we will succeed at shutting down old coal-fired power plants in America, US coal can still contribute to as the largest global contributor to climate disruption.
In the first quarter of 2011, US exports of coal rose by 49% compared to the same quarter of 2010, amounting to 26.6 million short tons. This is the highest amount of coal exported since 1992 (when 27 million short tons were exported).
Similarly, if vehicles in America become more efficient, the plan seems to be to make sure the oil is burned anyway. 2011 was the first year in almost two decades when the US became a ‘net exporter of fuel’. In each day of February, the US exported 54,000 more barrels of petroleum than it imported. To add insult to injury, the Obama administration now appears bent on drilling in the Arctic which is more accessible to climate polluters because they’ve made the ice melt.
An irony about the State Department initiative to reduce emissions of methane is the Global Shale Gas Initiative, and other efforts by the Obama administration, to push US methane (natural gas) abroad. There is a likelihood using shale gas for electricity leads to emissions as high as with coal, or higher. Shale gas that is liquified, transported, thousands of miles, and re-gasified I argue certainly has a higher carbon footprint than local coal.
It seems the general attitude among climate advocates has gone from glum to numb. To be fair, our despair about climate policy is fueled by the undying Republican platform that environmental ignorance and scorn are praiseworthy. There are also Democrats who have donned ignorant and scornful attitudes about climate disruption, but mostly their problem is letting Republicans spearhead the debate on climate. Climate disruption for the Obama White House seems to be viewed not as a real problem but a political problem.
Rachael Robson was a co-author of this blog.
Updated Nov. 2012
Coal is dirty. Coal companies know this—utilities that burn the fossil fuel are willing to spend millions of dollars each year to undermine laws that cut back on coal pollution and protect public health. Vital in this dirty business are the lobbyists who are willing to ignore the massive external costs of coal and make a career peddling the coal industry’s continued grip on U.S. electricity production. In the recent history of the coal lobby, no single person has bought his clients as much delay on critical pollution controls, such as reducing mercury emissions, as Jeffrey R. Holmstead.
Currently working out of the Washington, DC headquarters of the lobbying firm Bracewell & Giuliani, Jeff Holmstead has jumped in and out of government positions in a continuous effort to block pollution controls at coal-fired power plants. Holmstead’s coal clients have doled out over $10.7 million dollars (UPDATE Nov. 2012: $13.7 million) to his firm since he joined in 2007, and a primary undertaking of Holmstead’s has been to block and weaken laws that cut back on mercury pollution from power plants. Coal and oil-burning power plants, which release tons of mercury pollution each year [PDF] in the U.S., have avoided any federal mercury protections, despite the Clean Air Act 1990 amendments. This is where Holmstead’s dirty legacy begins.
Jeffrey Holmstead’s formative experience manipulating clean air laws began in 1989 as associate counsel to President George H. W. Bush, where he was involved in “the key steps taken to implement” the 1990 Clean Air Act amendments, or as Clean Air Watch’s Frank O’Donnell puts it, he “tried to ‘interpret’ the rules in ways more favorable to industry.” In spite of Holmstead’s role, changes to the Clean Air Act through the 1990 amendments paved the way for requiring mercury controls at power plants and other facilities, but extensive scientific research and coal filibustering stalled EPA’s official endorsement of a strong utility mercury rule for a decade. By December, 2000, EPA finally ruled that it is “appropriate and necessary” to regulate mercury from power plants by installing high-standard technology across the board with a utility maximum achievable control technology rule (MACT) approach (What’s the Utility MACT?).
Jeff Holmstead was one of the coal lobby’s voices during the ten year delay leading to EPA’s decision to regulate mercury with a Utility MACT rule. After leaving the Bush Sr. administration in 1993, Holmstead joined Latham & Watkins, a beltway lobby firm. His clients at the time included two utility front groups [PDF]. One of Holmstead’s lobby clients, the Alliance for Constructive Air Policy [PDF] included large coal utilities [PDF] like American Electric Power, Cinergy, Wisconsin Electric and subsidiaries of Dynergy and Dominion. Holmstead remained a lobbyist at Latham & Watkins until 2001.
Fox in the Hen House
Jeffrey Holmstead put aside his official lobbying job for five years in order to take the opportunity of a lifetime for any polluter apologist. A top position within the George W. Bush administration’s Environmental Protection Agency (EPA) gave Holmstead unprecedented power to reward the industry clients he had been representing. Holmstead’s controversial appointment was blocked by Senators until staff from the Environment and Public Works Committee could review documents to investigate conflict of interest concerns. As a former industry lobbyist, his pending EPA appointment threatened to disrupt the development of Clean Air rules, and undermine ongoing efforts begun under the Clinton EPA to hold polluters accountable for their violations of the Clean Air Act. Sure enough, he dismantled those clean air rules, told Congress it wouldn’t affect the lawsuits despite internal warnings, and watched EPA turn its back on 70 suspected violation cases. One of Holmstead’s priority targets for evisceration was the mercury rule.
After years of scientific review, effective and available technology to reduce mercury pollution from power plants, and success in reducing mercury pollution through “maximum achievable control technology” (MACT) rules in other industries [PDF], Holmstead took steps to undo this progress. An EPA-sponsored Utility MACT Working Group composed of 29 experts from the utility industry, state and local air quality offices and environmental groups were confident that a Utility MACT rule, mandated under the Clean Air Act due to mercury’s toxicity, would be EPA’s approach to control mercury emissions from power plants. Instead, Holmstead and his adviser Bill Wehrum stopped the Utility MACT rule in its tracks, disbanding the working group suddenly in April, 2003. The Utility MACT Working Group was never reconvened under the Bush EPA. A few months after the working group was disbanded, the New York Times reported that EPA employees in Holmstead’s department were told “either not to analyze or not to release information about mercury, carbon dioxide and other air pollutants,” in order to be consistent with the Bush Administration’s unscientific political positions.
In 2004, Holmstead began shifting away from the legally-mandated Utility MACT rule by proposing less effective options for reducing mercury pollution at U.S. power plants. Drafting the new rules, Holmstead was caught borrowing language provided by his former lobbying firm employer, Latham & Watkins. Holmstead’s clients at Latham included two coal utility front groups, so he recognized that it didn’t look good when “at least a dozen paragraphs were lifted, sometimes verbatim, from the industry suggestions” and pasted into his regulatory proposals. A few months later, the New York Times uncovered disturbing details of censoring mercury science in Holmstead’s office: “The staff members deleted or modified information on mercury that employees of the [EPA] say was drawn largely from a 2000 report by the National Academy of Sciences that Congress had commissioned to settle the scientific debate about the risks of mercury.” Citing specific quotes of altered language, Jennifer Lee reported, “In some cases, White House staff members suggested phrasing that minimized the links between power plants and elevated levels of mercury in fish, the primary source from which Americans accumulate mercury in their bodies, in a form known as methlymercury.”
Holmstead Abandons the Utility MACT
The utility mercury rule Holmstead favored and admitted to initiating was a less stringent (in fact, illegal) cap and trade method under a different section of the Clean Air Act (subsection 111 instead of 112), which meant downgrading EPA’s opinion of mercury’s danger as a toxin. The cap and trade rule mirrored the Bush Administration’s absurdly-titled “Clear Skies Initiative” in Congress, a legislative assault on clean air laws designed under Holmstead’s lead. Clear Skies was a priority of the Bush Administration, but was picked apart by environmental groups and the National Academy of Sciences for weakening Clean Air Act pollution standards. EPA employees claimed even Holmstead acknowledged the Clear Skies Initiative was inferior compared to stronger legislation in the Senate, wondering out loud, “How do we justify Clear Skies if this gets out?”
Mercury regulation under the Clear Skies Initiative would have been less effective than the technology-based Utility MACT because cap and trade is designed to bring down geographically widespread emissions of a substance. While this approach can be effective for emissions that don’t have a dangerous local impact (such as carbon dioxide), mercury is known to accumulate locally. Under a cap and trade rule, dirtier power plants would buy credits to release more mercury from plants with lower emissions, and communities around the dirtier facilities could face greater health risks. Concern over these mercury “hot spots” was dismissed by Holmstead, but higher mercury concentrations were later confirmed in a study on the U.S. Atlantic Coast. Additionally, the Associated Press reported that EPA knew of the existence of hot spots in a censored internal report.
Holmstead’s reputation for repeatedly censoring inconvenient scientific data and watering down regulatory language was again demonstrated in 2005 by multiple offenses. In March 2005, the Government Accountability Office (GAO) criticized EPA’s lack of transparency in creating a new mercury rule, saying Holmstead’s cap and trade method should have been considered a “last-resort option.” The GAO statements followed an EPA Inspector general report concluding that “agency scientists had been pressured to back the approach preferred by industry” in re-creating mercury regulations.
A month later, Holmstead’s office was caught smothering a crucial report commissioned for EPA by the Harvard Center for Risk Assessment as a cost benefit analysis of mercury regulation. The Associated Press revealed how the agency claimed a national benefit of $50 million when the smothered report actually indicated benefits of up to five billion dollars nationwide for larger cuts in emissions, as the Utility MACT rule was poised to do before Holmstead intervened. The Harvard report sat on EPA’s shelf for over a year before AP broke the story.
Ignorance is Bliss
The overwhelming evidence in favor of a strong Utility MACT mercury rule led the Clinton administration EPA to conclude that a cap and trade alternative was not legally supportable. Comparing the favorable and legally-required Utility MACT mercury controls with Holmstead’s cap and trade proposal, the Washington Post’s Eric Pianin explained, “Under the administration’s approach, utilities would have until 2018 to cut [mercury, sulfur dioxide and nitrogen oxide] emissions by 70 percent. By comparison, the EPA working group considered various approaches that would cut mercury pollution by 35 percent to 93 percent within three to four years.” Instead of reducing utility mercury pollution to as low as 5 tons per year in 2008, Holmstead’s plan would only drop emissions to 15 tons annually by 2018. In other words, Holmstead pushed for a ten year delay that ultimately allowed three times the mercury pollution than the Utility MACT he blocked [Heinzerling & Steinzor, p.11].
Jeffrey Holmstead shrugged off the criticism and pushed ahead with his efforts to dismantle effective mercury controls. Holmstead’s office had dragged its feet by vaguely studying both the MACT and cap and trade methods. Lisa Heinzerling explained at the time how EPA “ties itself in knots trying to explain how the law allows it to promulgate either of these diametrically opposed options” [Heinzerling & Steinzor, p.9]. Despite a request from 45 Senators to use the appropriate Utility MACT rule, Holmstead later dropped the method altogether, overstepping EPA Administrator Michael Leavitt. EPA officially issued Holmstead’s mercury rule on March 15, 2005.
At this point, certain states and environmental groups sued EPA to force a return to the legally mandated Utility MACT rule. This was achieved three years later in a 2008 DC Circuit Court ruling supporting the Clinton EPA’s December, 2000 decision to reduce mercury air pollution from coal and oil utilities using a MACT rule. The court’s scathing conclusion cited Lewis Carroll’s Alice in Wonderland, stating [PDF] that the Bush EPA’s “explanation deploys the logic of the Queen of Hearts, substituting EPA’s desires for the plain text of section 112(c)(9),” the section of the Clean Air Act requiring MACT controls for power plant mercury emissions.
The original Utility MACT rule that Holmstead replaced should have been fully implemented by 2008. As of 2011, EPA expects full implementation by 2016.
Accounting for all the delay, Holmstead’s interference has blocked serious reductions in power plant mercury pollution for eight years, assuming no further delays by the coal industry. Unfortunately, that may not be a safe assumption.
Back in King Coal’s Court
Jeffrey Holmstead spent over four years as EPA’s assistant administrator of Air and Radiation, longer than anyone else in that position to date. In late 2006, after taking a year off, Holmstead joined the lobbying firm Bracewell & Giuliani (B&G). B&G has a notably anti-environmental legacy, lobbying for major corporate polluters and defending white-collar criminals in cases of federal enforcement lawsuits. When asked to explain his blatant revolving door career--leaving EPA to lobby for industry clients--Holmstead said, “I, I'm not sure why, uh, people have tried to make something of that. But people have to have jobs. And that's the way it works.”
Since joining Bracewell & Giuliani, Jeff Holmstead has had a total of 16 clients. All but four of those clients were coal utilities, mining companies, or trade associations (and one of those four was CSX, a railroad company that is the largest coal shipper east of the Mississippi). Holmstead’s coal interest clients have paid Bracewell & Giuliani over $13.7 million since he joined the firm. In 2011, only one of Holmstead’s ten clients was not a coal company. With the coal industry’s money, Holmstead and other Bracewell lobbyists fought for the industry’s assumed right to unlimited mercury pollution and resisted other rules to protect Americans from coal industry pollution. A recent MJ Bradley report [PDF] found that eleven of the top fifteen U.S. utility companies have long anticipated recent clean air rules and taken steps to prepare. Two of the four laggard companies were Southern Company and Energy Future Holdings, both current Holmstead clients.
Southern Company made two billion dollars last year in profits alone. Southern and other coal utilities invest millions of dollars into subverting regulations. Assistance from Holmstead and other polluter lobbyists at Bracewell & Giuliani costs Southern $120,000 in annual lobbying fees, part of Southern’s $8 million lobbying budget. In addition, Southern is represented by the Electric Reliability Coordinating Council, a coal industry front group run out of Bracewell’s office in Washington, DC. At a November, 2011 meeting with the White House Office of Management and Budget, Holmstead was present with Bracewell lobbyist and ERCC director Scott Segal (who requested the meeting), three representatives of Southern Company, and a lobbyist from Duke Energy. Duke and other major coal utility clients work with Holmstead, his firm and ERCC in the same fashion that Southern Company does.
Many of Jeff Holmstead’s current clients were recently named among the top mercury polluters in the coal utility sector, the largest source of mercury pollution in the U.S. Of the 25 companies listed as 2010's biggest mercury polluters (see Environment America report [PDF]), at least 9 are represented by Holmstead. Luminant, a wholly-owned subsidiary of Energy Future Holdings, and Southern Company rank 2nd and 3rd, respectively, releasing over 4,000 pounds of airborn mercury each. Other Holmstead clients on the list are Ameren (#4), GenOn (#7), DTE Energy (#11), Duke Energy (#12), Salt River Project (#20) and Progress Energy (#22). FirstEnergy (ranked #16 in the report), is a suspected member of the Electric Reliability Coordinating Council, or ERCC -- the coal front group managed by coal lobbyists in Bracewell’s DC lobbying office. ERCC itself is a Holmstead lobbying client. Although ERCC refuses to reveal its member companies, several confirmed or suspected members overlap with several of Holmstead clients: Southern Co., Duke Energy, Progress Energy, Energy Future Holdings, and Salt River Project [Drew & Oppel, Jr.].
Doublespeak and Deception
While working full time for polluters at Bracewell & Giuliani, Jeffrey Holmstead’s statements on mercury’s toxic potency directly contradict some of his statements while at EPA. In office, Holmstead at least acknowledged the danger of mercury from power plants. The Natural Resources Defense Council flagged an unbroken quote from May 2002 Congressional testimony, where Holmstead recognized that “mercury is a potent toxin that causes permanent damage to the brain and nervous system,” that “mercury exposure comes through eating contaminated fish,” and that “power generation is now the largest uncontrolled source of mercury emissions.” In stark contrast, Holmstead claimed in a June, 2011 debate, “It is pretty hard to say that [mercury from coal-fired power plants] is a significant public health issue.” Each year, EPA’s mercury rule is expected to prevent 4,200-11,000 premature deaths, along with thousands of cases of chronic bronchitis, heart attacks, and other health problems [PDF].
It takes a special talent to lobby against public health in favor of corporate profit. Part of Holmstead’s proficiency in peddling coal’s delay and deny strategy is to avoid an honest discussion of the immense impacts the burning coal has on public health and the environment, and instead focus on misleading cost benefit analyses. This dark talent is likely the reason Holmstead was named as one of several George W. Bush administration officials now advising Mitt Romney’s presidential campaign on energy issues. Holmstead also aided Romney during his 2008 campaign.
While the focus of this cautionary tale is how Jeff Holmstead has obstructed effective methods of reducing mercury pollution from coal plants, unlimited mercury pollution is only one dangerous privilege that Holmstead has defended for his coal clients. Holmstead’s full history includes parallel efforts to block or weaken other EPA rules. While at EPA, Holmstead attacked New Source Review rules, which require pollution controls when new industrial facilities are built or old ones are upgraded. And as for reducing industry greenhouse gas emissions that fuel global climate change, EPA air chief Holmstead stated in 2005, “the idea that there would be mandatory, you know, carbon regulation is just something that we don’t support.” In his time as a lobbyist at Bracewell & Giuliani, Holmstead was implicated in a 2010 scandal revealing that he and another former Bush EPA official-turned-lobbyist ghostwrote a legislative amendment for Senator Lisa Murkowski (I-AK) that would have undermined the Clean Air Act’s provision to control climate-altering greenhouse gases from major emitters. Sen. Murkowski has received over $380,000 from coal interests from 1999-2011, with $65,000 from Holmstead coal clients in the specific years he has worked for them. In 2011, Sen. Murkowski wrote letters and threatened legislative action to further delay implementation of EPA’s mercury rule.
At present, the U.S. Environmental Protection Agency estimates [PDF] that finally completing and implementing a Utility MACT mercury rule will prevent up to 11,000 premature deaths per year, along with other enormous health benefits, by the time the rule is fully implemented.
Jeff Holmstead’s sabotage of the rulemaking process at EPA has caused eight years of delay, delay where Americans have continued to suffer from the impacts of pollution from coal fired power plants. The implications of the amount of lives that could have been saved in this eight-year timeframe is staggering: tens of thousands of people have likely been unnecessarily killed by coal pollution because of the delay. Instead of being held accountable, Holmstead continues to make a killing as the coal industry’s mercury lobbyist.
*What's the Utility MACT? (back up to report)
The Clinton EPA, recognizing the danger of mercury and certain other hazardous air pollutants, chose the “maximum achievable control technology” (MACT) method for controlling dangerous pollution at power plants. The Utility MACT requires plant-by-plant controls to greatly reduce air emissions of mercury using attainable but top-notch technology. While utilities still haven’t been made to comply with a MACT rule, similar rules for incinerator industries have shown over 95% reductions in mercury pollution [PDF] over a 15-year period. Without any regulation, coal- and oil-burning utilities managed only 10% voluntary reductions of mercury pollution over the same time. Coal and oil burning electric utilities are the top source of manmade mercury pollution in the United States.
Environmental Law Reporter:
Lisa Heinzerling & Rena I. Steinzor, Environmental Law Reporter, News & Analysis, “A Perfect Storm: Mercury and the Bush Administration,” part 1 of 2, April, 2004.
Lisa Heinzerling & Rena I. Steinzor, Environmental Law Reporter, News & Analysis, "A Perfect Storm: Mercury and the Bush Administration, Part II" part 2 of 2, June, 2004.
New York Times:
Neela Banerjee, "Files Detail Debate in E.P.A. on Clean Air," New York Times, March 21, 2002.
Katharine Q. Seelye, "White House Rejected a Stronger E.P.A. Alternative to the President's Clear Skies Plan," New York Times, April 28, 2002.
Jeffrey R. Holmstead, "Emissions Trading," Letter to the Editor, New York Times, June 7, 2002, obtained through ProQuest.
Jennifer 8. Lee, "Committee Approves E.P.A. Nominee, Setting Up Floor Fight," New York Times, October 16, 2003.
Jennifer 8. Lee, “White House Minimized the Risks of Proposed Mercury Rules, Scientists Say,” New York Times, April 7, 2004. (back to text)
Jennifer 8. Lee, "Critics Say E.P.A. Won't Analyze Clean Air Proposals Conflicting with President's Policies," New York Times, July 14, 2003.
Jennifer 8. Lee, "New Policy on Mercury Pollution Was Rejected by Clinton E.P.A." New York Times, December 16, 2003.
Christopher Drew and Richard A. Oppel, Jr., “Air War -- Remaking Energy Policy; How Power Lobby Won Battle Of Pollution Control at E.P.A.” New York Times, March 6, 2004. (back to text)
Michael Janofsky, "Inspector General Says E.P.A. Rule Aids Polluters," New York Times, October 1, 2004.
"Dubious Choices," Editorial, New York Times, April 24, 2006.
Eric Pianin, "EPA Announces 'Cap and Trade' Plan to Cut Mercury Pollution; Agency Bowed to Utility Industry Pressure, Critics Charge," Washington Post, p. A35, December 16, 2003. Obtained through ProQuest.
Guy Gugliotta & Eric Pianin, "EPA Withholds Air Pollution Analysis; Senate Plan Found More Effective, Slightly More Costly than Bush Proposal," Washington Post, p. A03, July 1, 2003. Obtained through ProQuest.
Guy Gugliotta & Eric Pianin, "EPA Issues Rosier 'Clear Skies' Analysis, Based on New Model; Agency Denies Hiding Data on Rival Bill," Washington Post, p. A06, July 2, 2003. Obtained through ProQuest, available on High Beam.
Eric Pianin, "Report Cites 10 States' Mercury Pollution; Envrionmental Advocacy Group Uses EPA Data to Pinpoint 'Hot Spots'," Washington Post, p. A02, December 10, 2003. Obtained through ProQuest, available at Environmental Defense Fund [PDF].
Eric Pianin, "Proposed Mercury Rules Bear Industry Mark; EPA Language Similar to that in Memos from Law Firm Representing Utilities," Washington Post, p. A04, January 31, 2004.
Juliet Williams, "List of states suing federal government over mercury regulations rises to 10," Associated Press, April 12, 2005. Obtained through ProQuest.
John Heilprin, "Internal EPA study finds higher benefits from curbing mercury pollution," Associated Press, April 29, 2005. Obtained through ProQuest, available through Google News.
Frank O'Donnell, Blog for Clean Air, Clean Air Watch. A site search for "Holmstead" reveals numerous accounts over the years.
"Resolved: EPA's Utility MACT is the right tool at the right time," filmed debate, Environmental Law Institute, June 7, 2011.
Meg Kinnard, "EPA's Holmstead: Emissions Trading Program Works," Insider Interview, National Journal, February 5, 2003.