Fuming

I was thinking about how, by the time the mileage standards in the new energy bill take effect in 2020, the toddler next door will have his drivers license. That's when the news came that the EPA administrator had refused permission for California (and 17 other states comprising 45% of US population) to establish stricter regulations.

Imagine my sad, cynical lack-of-surprise when today I read this in the LA Times:

The head of the U.S. Environmental Protection Agency ignored his staff's written findings in denying California's request for a waiver to implement its landmark law to slash greenhouse gases from vehicles, sources inside and outside the agency told The Times on Thursday.

"California met every criteria . . . on the merits. The same criteria we have used for the last 40 years on all the other waivers," said an EPA staffer. "We told him that. All the briefings we have given him laid out the facts."

EPA administrator Stephen L. Johnson announced Wednesday that because President Bush had signed an energy bill raising average fuel economy that there was no need or justification for separate state regulation. He also said that California's request did not meet the legal standard set out in the Clean Air Act.

But his staff, which had worked for months on the waiver decision, concluded just the opposite, the sources said Thursday. The sources spoke on condition of anonymity because they were not authorized to talk with the media or because they feared reprisals.

California Air Resources Board Chairwoman Mary Nichols said she was also told by EPA staff that they were overruled by Johnson.

She said Johnson's decision showed "that this administration ignores the science and ignores the law to reach the politically convenient conclusion."

Nichols, who served as assistant EPA administrator overseeing air regulations under President Clinton, said she had helped write waiver decisions there, and "I know California met all the criteria on this one."

California Gov. Arnold Schwarzenegger has vowed to fight in court to overturn the decision.

Technical and legal staff also concluded that if the waiver were denied, EPA would very likely lose in court to the state, the sources said.

But if Johnson granted California the waiver and the auto industry sued, "EPA is almost certain to win," said two sources quoting the briefing document. They advised him to either grant the waiver outright or give California a temporary one for three years.

Instead, three sources said, Johnson cut off any consultation with his technical staff for the last month and made his decision before having them write the formal, legal justification for it.

"It's very highly unusual," said one source with close ties to the agency.

Normally the technical staff would be part of the final decision-making process, including briefing the administrator and writing the formal legal document before his decision. In this case, the briefings were done, but the formal finding has yet to be drafted.

Who needs science facts or legal criteria when you work for the Bush administration?

The Gubernator and Calif. Attorney General Jerry Brown (yes, that Jerry Brown) will take them to court, and win. But that will take a while, so that Detroit will be able to go at least another model year without seriously addressing the issue.

Another fine Bush administration Mission Accomplished.