We didn’t need any more evidence that the Bush Administration uses the executive branch as a political instrument. But this latest example shows that they will use federal agencies to work to oppose legislative efforts at the state level, making a complete mockery of the entire premise of federalism itself.
House Oversight and Government Reform Committee Henry Waxman has received information that the Department of Transportation has been lobbying members of Congress to oppose state efforts, sought by California and others, to regulate tailpipe emissions. California is waiting for an EPA waiver to implement their tailpipe emissions proposal. The Governor has threatened to sue the EPA if they don’t receive that waiver. The first roadblock that the EPA tried was to appeal to the Supreme Court by claiming that they didn’t have the ability to regulate greenhouse gases, but in a landmark decision the Supreme Court said that they did. So plan B, apparently, is to use the DOT to threaten legislators in automobile-producing districts that their local economies would be severly impacted by any efforts to regulate. This excerpt is from a letter by Waxman to Transportation Secretary Mary Peters:
The U.S. Environmental Protection Agency is currently considering a request from the State of California for a waiver under the Clean Air Act (Waxman wrote the Clean Air Act -ed.) to establish state motor vehicle emissions standards for greenhouse gases…
My understanding is that the Department of Transportation and the Bush Administration have not taken an official postition on this issue. However, the staff of a member of Congress recently received a voicemail message from Heideh Shahmoradi, special assistant for governmental affairs in the Office of the Secretary of the Department of Transportation, suggesting that the member (1) submit comments to EPA opposing California’s request and (2) “reach out to your governor’s office for them to submit comments since this would greatly impact auto facilities within your district.”
You can read the full text of the voicemail and the entire letter from Rep. Waxman to Sec. Peters at this link.
This is patently illegal. The DOT, which is supposed to merely regulate and facilitate transportation and not advocate on behalf of automobile interests, is lobbying Congress to influence an EPA ruling that would affect state legislation. Within the letter, there are other instances of federal agencies in the Clinton Administration distributing talking points supporting or opposing Congressional legislation. But this goes even further, asking Congress to step in to an exceutive agency decision which will nullify state efforts to tackle global warming. It allows the President to be supposedly neutral about the EPA ruling while getting Congress to do his dirty work for him.
For the past six years of Republican rule, Congress has done nothing while the planet has continued to warm and spew harnful greenhouse gases into the air. States like California have stopped waiting around for the feds to get their act together, and put forward their own plan, which is completely legal under the Clean Air Act. Now the Bush Administration is using federal agencies illegally to try and derail it. Now that we actually have oversight in the Congress (in one branch, anyway), we are beginning to see the depth of the politicization of these federal agencies, suggesting that what has been done behind the scenes in these two terms of office has been far more destructive that what has been done out in the open.