While Congress is on recess until after July 4, it’s time to catch up on an unusually busy few weeks in June for U.S. House members. Bleeding Heartland previously covered how Iowa’s representatives voted on the failed and successful attempts to pass trade promotion authority, repeal of country-of-origin labeling requirements for meat, a bill to eliminate a tax on medical devices, and the Intelligence Authorization Act.

Follow me after the jump to find out how Democrat Dave Loebsack (IA-02) and Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) voted on the latest defense budget bill, more trade-related policies, and legislation dealing with chemical safety, Medicare cost controls, and regulations of greenhouse gas emissions from power plants. Iowa’s representatives also voted last week on a matter relating to the growing national controversy over Confederate symbols.

Something you don’t see often when looking through Congressional roll calls: three of Iowa’s four House members crossed party lines more than once during the floor debate on the defense budget.

Talk about lousy timing: just before a chemical spill made tap water unusable for 300,000 West Virginians, the U.S. House approved a bill that would “weaken the nation’s hazardous waste laws and place American communities at increased risk of toxic exposure.” The Reducing Excessive Deadline Obligations Act of 2013 (H.R. 2279) includes three bills House Republicans drafted last year. In a letter signed by 129 public interest groups, Earth Justice listed the key points of each bill and explained why the package would “threaten human health and the environment while protecting polluters from liability for the costs of toxic cleanups.” I’ve posted an excerpt from that open letter after the jump. In a post for the Earth Justice blog last week, Lisa Evans called this bill “Kryptonite for Superfund” and “a con job of the highest order, allowing polluters to walk away without losing a penny, while taxpayers are left footing the bill.”

Under its current leadership, the House has been called “the most anti-environmental House in our nation’s history” because of the many bills passed that would curtail federal regulations and take power away from the U.S. Environmental Protection Agency. Occasionally Iowa’s two House Democrats have gone along with those efforts, but I was pleased to see that on January 9, Representatives Bruce Braley (IA-01) and Dave Loebsack (IA-02) voted against the latest effort to hamstring the EPA and for the Democratic motion to recommit this bill with instructions (often a last-ditch effort to kill legislation in the House). Iowa Republicans Tom Latham (IA-03) and Steve King (IA-04) lived up to their abysmal voting records on the environment by voting for the Reducing Excessive Deadline Obligations Act and against the motion to recommit.

The Iowa Environmental Council is one of 11 plaintiffs in two lawsuits filed today to challenge inaction by the U.S. Environmental Protection Agency. The legal actions are aimed at forcing the EPA “to address the nitrogen and phosphorous pollution degrading water quality in Iowa, the Mississippi River Basin, and the Gulf of Mexico, where this pollution causes the Dead Zone.”  

Representative Bruce Braley (D, IA-01) has introduced a bipartisan bill to put more people “with agricultural backgrounds” on the Environmental Protection Agency’s Science Advisory Board. The full press release from Braley’s office is after the jump. Excerpt:

“Our farmers must have a voice when it comes to their life’s work,” said Congressman Braley. “This bill will give them a chance to bring some common sense to EPA regulations that have an effect on them every single day.”

The EPA Science Advisory Board provides analysis and recommendations for EPA regulations and other technical matters that often impact agriculture. Farmers have become increasingly concerned that EPA decisions are creating unnecessary and undue economic hardship. For example, proposals to regulate dust on farms have raised concerns. Braley recently voted to protect Iowa farms from these burdensome federal dust regulations.

I don’t know the details on the proposed dust rules. U.S. Secretary of Agriculture Tom Vilsack has spoken with EPA Administrator Lisa Jackson about the issue and has urged farmers not to worry about excessive regulation of dust clouds on farms.

From where I’m sitting, it’s a bad time for Congress to pick on the EPA Science Advisory Board. While Braley implies EPA regulations are lacking in “common sense,” I see an agency that has recently backed off from protecting public health in order to appease certain industries and political opponents.

Here in Iowa, the last thing we need is another politician arguing that environmental regulations threaten farmers. Iowans with agricultural backgrounds have long been well represented on environmental regulatory and advisory bodies in this state. Now our Republican governor has handed over the state Environmental Protection Commission to agribusiness advocates and may move all water quality and monitoring programs to the agriculture department, something that hasn’t been done anywhere else in the country. Braley doesn’t seem too aware of the relationship between agricultural pollution and Iowa’s water quality problems; last year he supported a proposed expansion of a Scott County hog confinement despite evidence that the operator had previously violated manure discharge rules.

Braley’s press release names several agricultural groups supporting his new legislation. Perhaps this bill will help bolster his position as a voice for Iowa farmers. He lost most of the rural counties in his district in the 2010 election (pdf), and Iowa’s forthcoming four-district map will add more rural counties to the first Congressional district.

Braley has long championed the biofuels industry. He received the Iowa Corn Growers Association endorsement last year and won praise from the Renewable Fuels Association last month for “raising awareness about the anti-ethanol, anti-fuel choice agenda of some members of Congress.” (Braley clashed with Republican Representative Tom Latham (IA-04) over an amendment to confirm the EPA’s power to implement the Renewable Fuels Standard.) However, the Iowa Farm Bureau didn’t endorse a candidate in IA-01 last year. Although the American Farm Bureau supports Braley’s new bill on the EPA Science Advisory Board, I doubt the Iowa Farm Bureau would back him in 2012, especially if redistricting pits him against Latham. Braley voted for the 2009 climate change bill that the Farm Bureau strongly opposed and helped to bury in the Senate.

Incidentally, Representative Leonard Boswell (IA-03) was among the House Agriculture Committee Democrats who lobbied successfully to weaken the climate change bill’s impact on agriculture. I don’t recall Braley getting involved in that fight.

Share any relevant thoughts in this thread.

UPDATE: On March 16 Braley and Boswell jointly introduced an amendment to preserve federal funding for “local governments and organizations to purchase and renovate foreclosed properties for resale in rural communities.” The press release on that amendment is after the jump.

Yet another study has found that exposure to the weed-killer atrazine is associated with a higher rate of a birth defect:

Living near farms that use the weed killer atrazine may up the risk of a rare birth defect, according to a study presented this past Friday [February 5] at the annual meeting of the Society for Maternal-Fetal Medicine in Chicago.

About 1 in 5000 babies born in the U.S. each year suffers from gastroschisis, in which part of the intestines bulges through a separation in the belly, according to the March of Dimes. The rate of gastroschisis has risen 2- to 4-fold over the last three decades, according to Dr. Sarah Waller, of the University of Washington, Seattle, and colleagues. […]

The researchers looked at more than 4,400 birth certificates from 1987-2006 – including more than 800 cases of gastroschisis — and U.S. Geological Survey databases of agricultural spraying between 2001 and 2006.

Using Environmental Protection Agency (EPA) standards to define high chemical exposure levels in surface water, they found that the closer a mother lived to a site of high surface water contamination by atrazine, the more likely she was to deliver an infant with gastroschisis.

The birth defect occurred more often among infants who lived less than 25 km (about 15 miles) from one of these sites, and it occurred more often among babies conceived between March and May, when agricultural spraying is common.

A separate study published last year in the medical journal Acta Paediatrica compared monthly concentrations of “nitrates, atrazine and other pesticides” in the U.S. water supply with birth defect rates over a seven-year period. The researchers found, “Elevated concentrations of agrichemicals in surface water in April-July coincided with higher risk of birth defects in live births with [last menstrual periods in] April-July.” The association was found for “eleven of 22 birth defect subcategories” as well as for birth defects as a whole.

The European Union banned atrazine in 2003 because of groundwater contamination, but tens of millions of pounds of the chemical are still sprayed on American farms. It has been proven to enter the water supply and is correlated with increased rates of breast and prostate cancers.

During the Bush administration, the U.S. Environmental Protection Agency maintained that atrazine had no detrimental effects in humans. But in a policy shift last October, the EPA announced that it would ask the independent Scientific Advisory Panel to conduct a thorough scientific review of atrazine’s “potential cancer and non-cancer effects on humans,” including “its potential association with birth defects, low birth weight, and premature births.” The panel will also evaluate research on “atrazine’s potential effects on amphibians and aquatic ecosystems.” Conventional agriculture groups aren’t waiting for the results of the review; they are already lobbying the EPA not to restrict or ban the use of atrazine.

I’d have more respect for the “pro-life” movement if they supported restrictions on chemicals that threaten babies in the womb. I don’t think I have ever heard an anti-abortion activist railing against atrazine or pesticides that can cause spontaneous abortions, though.

An oil refinery proposed for a South Dakota site near Sioux City poses a threat to air quality in northwest Iowa, I recently learned from Dr. Jim Redmond, chair of the Sierra Club’s Northwest Iowa Group. The Hyperion Energy Center would be the sixth-largest oil refinery in the country. It would emit large quantities of several pollutants, including particulate matter 2.5, which is hazardous to human health.

The South Dakota Department of Natural Resources (DENR) and the South Dakota Board of Minerals and Environment have issued a preconstruction air permit to the Hyperion Energy Center. Unfortunately, the permit omits relevant information. For instance, instead of using five years of data on ambient air conditions in Sioux Falls and Sioux City, only one year of information for Sioux Falls was used. The environmental impact on Sioux City (25 miles downwind from the proposed facility) will certainly be greater than on Sioux Falls (50 miles upwind).

The Environmental Protection Agency (EPA) criticized the draft air permit for the Hyperion project, but South Dakota’s DENR did not incorporate their suggestions.

Because the Hyperion project will adversely affect air quality in and around Sioux City, Iowans should contact the EPA administrator in Region 7 (containing Iowa). South Dakota lies in the EPA’s Region 8.

Redmond sent me extensive background information on this matter and sample letters to the EPA, which I’ve posted after the jump.

The Dubuque mayor and city council decided in 2006 to make the community “a Sustainable City.” Last week federal officials recognized the progress made toward that goal. From an Environmental Protection Agency press release on September 17:

U.S. Environmental Protection Agency Administrator Lisa P. Jackson, Transportation Secretary Ray LaHood, Housing and Urban Development Secretary Shaun Donovan and White House Director of Urban Affairs Adolfo Carrion kicked off their three-city Sustainable Communities Tour today. The officials, representing the administration’s DOT-HUD-EPA Interagency Partnership for Sustainable Communities, announced proposals during stops in Chicago and Dubuque that will help communities to improve access to affordable housing, provide additional low-cost transportation options, and protect the local environment.

Also on September 17, the city of Dubuque and IBM

outlined their plans to partner in the development of new “smarter” technologies and implementation strategies to create an international model of sustainability for communities of 200,000 and under, where over 40 percent of the U.S. population resides. Dubuque, a city that is recognized as a national leader in sustainability with its forward-thinking public policy, together with IBM, will address the ever-increasing demands of cities to deliver vital services such as energy and water management, and transportation, all while reducing the community’s impact on the environment.

More details about the recent events, along with some background, are after the jump.

Governor Chet Culver rode a train from Iowa City to Chicago Sunday, promoting passenger rail links en route to the Midwest High Speed Rail Summit, which starts Monday.  

After the jump I’ve posted some news relating to passenger rail in Iowa and nationwide, including a follow-up on Congressman Tom Latham’s attempt to transfer funds from high-speed rail to the highway fund.

UPDATE: From the governor’s office on July 27:

Governor Chet Culver and Governor Pat Quinn today signed a Memorandum of Understanding to coordinate efforts by Iowa and Illinois to establish passenger rail service from Chicago to Dubuque and from Chicago to the Quad Cities and Iowa City.

In addition, Governor Culver joined leaders from eight states who signed a Memorandum of Understanding in support of regional high-speed rail. That agreement includes, as a key goal, extending passenger service from Iowa City to Des Moines and on to Omaha. […]

Following the signing of the eight-state high-speed rail agreement, Iowa and Illinois officials signed a separate agreement that spells out action to be taken by the transportation departments in both states.

Click here and scroll down to find links to the rail agreements signed in Chicago on July 27.

UPDATE: Barack Obama announced the key appointments in his energy and environmental team today. Meteor Blades has a good piece up on the “Green Team” of Energy Secretary Steven Chu, “energy czar” Carol Browner, Environmental Protection Agency chief Lisa Jackson and head of the White House Council on Environmental Quality, Nancy Sutley.

On Saturday Obama devoted his weekly address to the housing crisis (click the link to watch the video) and announced that New York City Commissioner of Housing Preservation and Development Shaun Donovan will serve as Housing and Urban Development Secretary in his cabinet. Senator Chuck Schumer of New York commented,

Shaun Donovan has been one of the most effective housing commissioners in New York City’s history. At this time, with the housing crisis raging, he is exactly the kind of person we need as HUD secretary.

Sam Dillon of the New York Times discussed some possibilities for Secretary of Education and noted,

As President-elect Barack Obama prepares to announce his choice for education secretary, there is mystery not only about the person he will choose, but also about the approach to overhauling the nation’s schools that his selection will reflect.

Despite an 18-month campaign for president and many debates, there remains uncertainty about what Mr. Obama believes is the best way to improve education.

Will he side with those who want to abolish teacher tenure and otherwise curb the power of teachers’ unions? Or with those who want to rewrite the main federal law on elementary and secondary education, the No Child Left Behind Act, and who say the best strategy is to help teachers become more qualified?

UPDATE: Obama reportedly plans to nominate Arne Duncan, the head of Chicago’s public school system, as Secretary of Education. Duncan is also a longtime friend of Obama’s.

Meanwhile, nearly 45,000 people have signed this online petition at Food Democracy Now. Excerpt:

As our nation’s future president, we hope that you will take our concerns under advisement when nominating our next Secretary of Agriculture because of the crucial role this Secretary will play in revitalizing our rural economies, protecting our nation’s food supply and our environment, improving human health and well-being, rescuing the independent family farmer, and creating a sustainable renewable energy future.

We believe that our nation is at a critical juncture in regard to agriculture and its impact on the environment and that our next Secretary of Agriculture must have a broad vision for our collective future that is greater than what past appointments have called for.

Presently, farmers face serious challenges in terms of the high costs of energy, inputs and land, as well as continually having to fight an economic system and legislative policies that undermine their ability to compete in the open market. The current system unnaturally favors economies of scale, consolidation and market concentration and the allocation of massive subsidies for commodities, all of which benefit the interests of corporate agribusiness over the livelihoods of farm families.

Michael Pollan, author of The Omnivore’s Dilemma, has set a goal of 100,000 signatures for this petition.

Steph Larsen discussed some names on the short list for Secretary of Agriculture here. Sustainable agriculture advocates would love to see the job offered to Chuck Hassebrook, executive director of the Center for Rural Affairs. Hassebrook wrote this guest opinion for the Des Moines Register a few weeks ago, saying

Nothing better illustrates the broken politics of Washington than farm and rural policy. The federal government spends billions subsidizing mega farms to drive smaller farms off the land and often penalizes the best environmental stewards with lower payments. It largely fails to invest in the future of America’s rural communities.

For example, in 2005 the Department of Agriculture spent nearly twice as much to subsidize the 260 biggest farms across 13 leading farm states than on rural development initiatives to create economic opportunity for the 3 million people living in those states’ 260 most struggling rural counties. That does not help family farms or small-town Americans. It does not serve the common good.

New York Times columnist Nicholas Kristof is among those who want to see Obama nominate a “secretary of food” with a broad vision for agriculture. He named Hassebrook as a good candidate for the job.

The Center for Rural Affairs has launched its own online petition asking Obama’s future Secretary of Agriculture, whoever that may be, to promote a new vision for rural America. It’s a long petition, advocating priorities such as:

policies to support grassroots entrepreneurship in rural America, such as the Rural Microentrepreneur Assistance Program, the Value Added Producer Grant Program, and the Farmers Market Promotion Program;

a plan to get affordable high-speed internet service to every rural business and home;

policies to support local ownership of wind turbines by farmers and ranchers, communities, and the rural workers who maintain wind turbines;

a plan to find the right approach to biofuels;

federal policies that work for family-size farms, including caps on payments;

better land and water stewardship using the Conservation Stewardship Program and other programs.

According to the Ft. Worth Star-Telegram, Obama’s two finalists for Secretary of Transportation are former Dallas Mayor Ron Kirk and Steve Heminger, executive director of the San Francisco Bay area’s Metropolitan Transportation Commission. Kirk was an early Obama supporter and the first African-American mayor of Dallas. Heminger has the strong backing of California’s large Democratic Congressional delegation. I don’t know enough about either man’s views on transportation to have an opinion about who would be better for this job.

New names continue to emerge in the speculation surrounding Obama’s Secretary of the Interior. Among the names previously floated, environmentalists have advocated for Raul Grijalva and against Mike Thompson. Now the Denver Post says Senator Ken Salazar of Colorado is a finalist for the job. Traditionally, someone from the west is named to head the Interior Department. Salazar is up for re-election in 2010, and Swing State Project already has a thread up to discuss possible Democratic candidates to replace him if he leaves the Senate for a cabinet position.

UPDATE: CBS news in Denver says Salazar has accepted Obama’s offer to become Secretary of the Interior. Not a great choice, and it leaves Democrats an open Senate seat to defend in Colorado in 2010.

Post any relevant thoughts or opinions in the comments.

Imagine that–Barack Obama is hiring an Energy Secretary who knows a lot about energy. Dr. Steven Chu is a Nobel prize-winner in physics who heads the Department of Energy’s Lawrence Berkeley National Lab (which employs 4,000 people). Click the link to watch a YouTube of Chu.

The New York Times published some biographical information about Chu here. I love this comment:

In his own words: New houses could be made energy efficient with an investment of an extra $1,000, “but the American consumer would rather have a granite countertop.” (At a lecture in Washington on energy options, June 25, 2008)

Three other key appointees worked in the Environmental Protection Agency during Bill Clinton’s administration, the Associated Press reported:

The president-elect has selected […] Lisa Jackson for EPA administrator, Carol Browner as his energy ”czar,” and Nancy Sutley to lead the White House Council on Environmental Quality, Democratic officials with knowledge of the decisions said Wednesday. […]

— Jackson, who would be the first black person to lead the EPA, is a former New Jersey Department of Environmental Protection commissioner who worked at the federal agency for 16 years, including under Browner when she was Bill Clinton’s EPA chief. Jackson is a co-chairman of Obama’s EPA transition team, and currently serves as chief of staff to New Jersey Gov. Jon S. Corzine. A New Orleans native, she grew up in the Lower Ninth Ward, the area stricken by Hurricane Katrina. She holds chemical engineering degrees from Tulane University and Princeton University.

— Browner, who served as EPA chief for eight years under Clinton, will become Obama’s go-to person in the White House overseeing energy issues, an area expected to include the environment and climate matters. Now chair of the National Audubon Society and on the boards of several other environmental groups, Browner has been leading the Obama transition’s working group on energy and environment.

— Sutley, the deputy mayor for energy and environment in Los Angeles and the mayor’s representative on the Board of Directors for the Metropolitan Water District of Southern California, is the first prominent gay to earn a senior role in Obama’s new administration. She was an EPA official during the Clinton administration, including being a special assistant to the EPA administrator in Washington. She also previously served on the California State Water Resources Control Board and was an energy adviser to former Gov. Gray Davis.

No clear favorite has emerged for Secretary of the Interior. There’s a major battle going on behind the scenes over that appointment.

Obama met with Michigan Governor Jennifer Granholm, who has been mentioned as a possible Secretary of Labor.

Moderate Republican Senator Arlen Specter of Pennsylvania is not going to give Eric Holder a pass when the Senate Judiciary Committee holds confirmation hearings for Obama’s attorney general nominee. But I agree with Daily Kos user Dartagnan:

Specter is going to use the Holder hearing (23+ / 0-)

to shore up his credentials with the right for his primary fight against [right-winger Pat] Toomey.

That’s all this is.

Holder will be confirmed with moderate GOP opposition.

UPDATE: Chu seems to be an advocate of expanding nuclear power.

Regarding Specter’s plans for the Holder confirmation hearings, clammyc has a good commentary.

SECOND UPDATE: Rumor has it Obama will go with a compromise choice for Secretary of the Interior, rejecting environmental groups’ favorite Raul Grijalva as well as Blue Dog Mike Thompson. If true, this is an example of why it’s useful to kick up a fuss when a bad choice is floated for an important job.  

It may become harder for utilities to gain permission to build new coal-fired power plants while promising to deal with carbon-dioxide emissions at some point in the future, when carbon sequestration technology becomes available.

From a press release circulated on the Sierra Club’s Iowa topics e-mail loop yesterday:

Ruling: Coal Plants Must Limit C02

In a move that signals the start of the our clean energy future, the Environmental Protection Agency’s Environmental Appeals Board (EAB) ruled today EPA had no valid reason for refusing to limit from new coal-fired power plants the carbon dioxide emissions that cause global warming.  The decision means that all new and proposed coal plants nationwide must go back and address their carbon dioxide emissions.

“Today’s decision opens the way for meaningful action to fight global warming and is a major step in bringing about a clean energy economy,” said Joanne Spalding, Sierra Club Senior Attorney who argued the case. “This is one more sign that we must begin repowering, refueling and rebuilding America.”

“The EAB rejected every Bush Administration excuse for failing to regulate the largest source of greenhouse gases in the United States.  This decision gives the Obama Administration a clean slate to begin building our clean energy economy for the 21st century,” continued Spalding The decision follows a 2007 Supreme Court ruling recognizing carbon dioxide, the principle source of global warming, is a pollutant under the federal Clean Air Act.

“Coal plants emit 30% of our nation’s global warming pollution. Building new coal plants without controlling their carbon emissions could wipe out all of the other efforts being undertaken by cities, states and communities across the country,” said Bruce Nilles, Director of the Sierra Club’s National Coal Campaign. “Everyone has a role to play and it’s time that the

coal industry did its part and started living up to its clean coal rhetoric.”

The Sierra Club went before the Environmental Appeals Board in May of 2008 to request that the air permit for Deseret Power Electric Cooperative’s proposed waste coal-fired power plant be overturned because it failed to require any controls on carbon dioxide pollution. Deseret Power’s 110 MW Bonanza plant would have emitted 3.37 million tons of carbon dioxide each

year.

“Instead of pouring good money after bad trying to fix old coal technology, investors should be looking to wind, solar and energy efficiency

technologies that are going to power the economy, create jobs, and help the climate recover,” said Nilles.

I don’t yet know how this ruling will affect the proposed coal-fired power plants for Waterloo and Marshalltown. I will update this post as more information becomes available.

UPDATE: Mark Kresowik, National Corporate Accountability Representative with the Sierra Club’s National Coal Campaign, provided this comment:

“The Environmental Appeals Board remanded Deseret’s air quality permit for the Bonanza coal plant, issued by the EPA under the PSD program, back to the EPA. They clearly stated that the EPA has the authority to regulate carbon dioxide and establish a “best available control technology” (BACT) limit for carbon dioxide pollution from significant new sources (like coal plants).

While they did not answer the question of whether or not the EPA MUST establish a limit, they did reject all of the previous excuses the Bush EPA has used to avoid regulating carbon dioxide.  So EPA must completely reopen the air quality permit, decide whether or not to limit CO2 from power plants (and how to limit CO2 if it chooses to), and justify that decision.

The EAB decision is formally binding on all air quality permits issued by the EPA.  However, most air quality permits are not issued by the EPA but rather by state authorities delegated that power by the EPA, for instance the Iowa Department of Natural Resources.  However, those authorities must enforce regulations at least as stringently as the EPA and all of them look to the EPA for guidance on issues such as this.  So it is probable that every coal plant air quality permit in the country from now on (including those issued but still being challenged on carbon dioxide grounds) must address CO2 limits directly, either establishing a limit or justifying their refusal in a new way that the EPA has not previously used.  It is likely a de-facto stay on all air quality permit decisions for approximately the next 6-12 months, including proposed coal plants in Waterloo and Marshalltown that have not been issued air quality permits.

This is an important opportunity for Iowa and the entire country to make significant investments in energy efficiency and clean energy that will lower energy costs, create millions of “green collar” jobs, and stimulate our economy.”

Looks like the DNR is our best hope for stopping new coal-fired power plants in Iowa.

Meanwhile, earlier this week Wisconsin became the latest state to reject an application to build a coal-fired power plant. The whole press release from the Iowa Environmental Council is after the jump. Here is an excerpt:

“Building coal-fired power plants has never made sense from an environmental perspective and no longer makes sense from an economic perspective,” said Katie Nekola, energy program director of Clean Wisconsin. “The transition toward a clean energy economy is beginning, and it’s important for other states not to lag behind the movement by building more coal plants.”

Nathaniel Baer, energy program director for the Iowa Environmental Council, says Iowans need to follow the lead of neighboring states to the west, north, and now east, which have concluded that clean energy makes more economic sense than coal.

“Iowa simply cannot afford to be left behind sinking billions of dollars into monuments to 19th century dirty coal,” Baer said.

Today I am beginning an occasional series on what George W. Bush will do for corporate interests and major Republican donors during the final weeks of his presidency.

This comes from the Sustainable Agriculture Coalition’s e-mail newsletter:

EPA Administrator Signs Off on Final CAFO Rule:  Last Friday, as a “Halloween trick” for the environment and public health, EPA Administrator Stephen Johnson signed a revised Clean Water Act final regulation for Concentrated Animal Feeding Operation (CAFO) permits and effluent limitations.  EPA revised the CAFO regulations in response to legal challenges to a 2003 CAFO final regulation, brought in the case Waterkeeper Alliance Inc. v. EPA by both environmental organizations and the CAFO sector.  

The revision opens a gaping hole in the 2003 regulation by allowing a CAFO, no matter how large, to self-certify that the CAFO does not “intend” to discharge to the waters of the U.S.   EPA ignored the recommendation of the federal Second Circuit Court of Appeals to establish a regulatory presumption that large-scale CAFOs discharge pollutants.  The presumption would have required that a large-scale CAFO demonstrate to regulatory authorities that it is designed and can be operated to avoid all discharges of regulated pollutants.  

EPA also rejected making improvements in technology that reduce harmful bacteria and other pathogens that threaten public health, a problem aggravated by the development of antibiotic resistant pathogens in CAFOs.  The revised rule does include one improvement required in Waterkeeper — that a CAFO nutrient management plan must be included in a Clean Water Act permit for the CAFO and made available for public review and comment.

EPA is expected publish the revised final regulation in the Federal Register before the end of November. In the meantime, a copy of the unofficial version of the revised regulation is posted on the EPA website. You can also register on the website for a November 19 EPA webcast about the revised CAFO regulation.

SAC will be urging the new Administration to revisit this rulemaking on an expedited basis.

Why am I not surprised that industrial ag profits are a higher priority than the environment and public health?

I hope that the Obama administration will put this on the list of actions to be overturned.  

It’s hard to keep up with all the misconduct in the Bush administration. This week four Democratic senators called for the resignation of  Environmental Protection Agency Administrator Stephen L. Johnson. Evidence emerged that Johnson lied to Congress about why he denied California’s request for a waiver of the Clean Air Act last December. Two senators are also asking for a perjury investigation of Johnson. Click the link for more details and background.

California has adopted tougher emissions standards for cars and trucks, and other states have followed suit, but the standards cannot be implemented unless the EPA approves the waiver request. Iowa Attorney General Tom Miller and at least 18 other state attorneys general have joined California in suing the EPA over this issue.

I always laugh when Republicans who claim to be for states’ rights object when states try to impose stronger environmental standards than the federal government. But what Johnson did was worse than hypocrisy. In denying California’s waiver request, Johnson blocked state efforts to deal with pollution from motor vehicles, even though surface transportation is the second-largest contributor to U.S. greenhouse gas emissions.

You would think this scandal would warrant some media coverage, but I’d never have heard of this story if I hadn’t read about it on political blogs.