TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma...

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Transcript of TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma...

Page 1: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

BAR8AHA BOHER. CALIFORNIA. CHMRMAtt

MAX HAUCUS. MONTANA

THOMAS H CARPER. DELAWARE

FRANKR LAUTENIStnG. NEW JERSEY

BENJAMIN 1_ CARDiN. MARYLAND

BERNARD SANDERS I/ERMONT

AMY HIOBUCKAH, MINNESOTA

SHELDON WHITE HOUSE, RHODE ISLAND

TOM UOALL, NEW MEXICO

JAMES M. t\HO*E. OKLAHOMA

GEORGE V. V01N0V1CH, OHIO

DAUID VITTER LOUISIANA

JOHN BARRASSQ. WYOMING

AB1.EN SPECTEfl, PENNSYLVANIA

MIKE CRAPO. IDAHO

CHRISTOPHER S. BOM D. MISSOURI

IAMAH ALEXANDER TENNESSEE

^*S] ]|fU ~™* 1^11 1 1 Ti"»«. ' 111 L L «J l"^.' Cl 1(4 LL

RUT1I VAN MAR«. MINORITY SIAFF DIBEC TOR

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

WASHINGTON. DC 20510-6175

October 7, 2009

The 1 lonorable Lisa Jackson

Administrator

United Slates Environmental Protection Agency

1200 Pennsylvania Avc, NW

Washington, DC 20460

Dear Administrator Jackson:

As with many others, we are concerned about the role of Presidential "czars" and their

influence over regulatory policy-making at federal agencies. We do not question a President's

right to appoint his own advisors, or that such advisors can influence policy at federal agencies.

It is our view, however, that such heavy reliance on policy czars, and the fact that such czars

appear to have decision-making authority commensurate with Senate-confirmed, Cabinet level

officials, raises questions about the Administration's commitment to transparency and openness.

For this reason, we are requesting specific information about While House Coordinator of

Energy and Climate Policy Carol Browner, and how her office has exercised authority over the

Environmental Protection Agency ("EPA"). Through press reports, we have learned that, as

someone not subject to Senate confirmation. Mrs. Browner is developing and directing

significant actions and policies advanced by federal agencies. For example, we learned earlier

this year that Mrs. Browner "quietly orchestrated private discussions from the While House with

auto industry officials" on an Administration proposal to regulate greenhouse gases from mobile

sources.

We are concerned that such orchestration is occurring on other issues. In this particular

instance, we are focusing on Mrs. Browner's direction over EPA. In order to provide the public

with a clearer picture of Mrs. Browner's role, and how it impacts decision-making on EPA. we

believe it would be helpful if you provided us with the following information:

• With respect to all meetings, discussions and conversations belwecn EPA and Carol

Browner or those working in her office, all correspondence and records relating to the

regulatory actions and policy discussions regarding (1) the HPA's Proposed

Eiuhngerment and Cause or Contribute Findingsfor Greenhouse Cases Under Section

202(a) ofthe Clean Air Act (proposed rule), including the Technical Support Document,

and (2) EPA 's Proposed Rulemoking to Establish Light-Ditty Vehicle Greenhouse Gas

Emission Standards and ('orporaie Average Fuel Economy Standards, including the

Technical Support Document, announced September 15, 2009.

PIllHtEOON RECYCLED CAPER

Page 2: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

• All "correspondence and records" with Carol Browner (including those transmissions on

her behalf) or those working in her office, includes but is not limited to the following:

letters and other written communications, electronic communications, phone records,

meeting notes, documents prepared to summarize meetings and agendas, meeting dates,

including attendees of listed meetings, and transcripts and notes from stakeholder

briefings that EPA participated in and/or conducted in which Carol Browner or those

working in her office were present.

Due to the time-sensitive nature of this request, please provide a response no later than

Monday, October 26". If you have questions about the request, please contact Tom

Hasscnbochler at 202-224-61 76 or Brian Clifford at 202-224-6441.

Respectfully,

Senator James M. Inhofe

Ranking Member

Senate Committee on Environment

Public Works

Senator David V tter

Ranking Member

Subcommittee on Clean Air and

Nuclear Safety

tor John Barrasso

[ing Member

3commiitce on Oversight

Page 3: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

BARBARA BOXER. CALIFORNIA, CHAIRMAN

WAX 0AUCLJ5. MONTANA JAMES M INHOFF, OKLAHOMA

THOMAS Ft CARPER. DELAWARE GEORGE V. UOINOVICH. OHIO

FRANK P. LAUTENBFRG, NEW JERSEY DAVID VITTEF1. LOUISIANA

BENJAMINL CARDM. MARYLAND JOHN BARROSSO, WYOMING

HEBNABB SANDERS, VFRMONT ARLEN SPECTER. PENNSYLVANIA

AMY ILLOBUCHAR. MINNESOTA M[KE CRAPO. IDAHO

SHELDON WHIYEHOU5E.FHOPf. ISLAND CHHISTOPHER £. BOND. MISSOURI

TOM UUALL. NEW MEXICO LAMAR ALEXANDER. TENNESSEE

United States SenateCOMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

BETTINAPOLBIER. SMffiMKCrOfl WASHINGTON, DC 20510-6175

RUTH VAN MARK. MINORITY STAFF DIRECTOR

October 7, 2009

The Honorable Nancy Sutley

Chair

The Council on Environmental Quality

722 Jackson Place, NW

Washington, DC 20503

Dear Ms. Sutley:

As with many others, we are concerned about the role of Presidential "czars" and their

influence over regulatory policy-making at federal agencies. We do not question a President's

right to appoint his own advisors, or that such advisors can influence policy at federal agencies.

It is our view, however, that such heavy reliance on policy czars, and the fact that such czars

appear to have decision-making authority commensurate with Senate-confirmed. Cabinet level

officials, raises questions about Ihe Administration's commitment to transparency and openness.

For this reason, we are requesting specific information about White House Coordinator of

Energy and Climate Policy Carol Browner, and how her office has exercised authority over the

Council on Environmental Quality ("CEQ"). Through press reports, we have learned that, as

someone not subject to Senate confirmation, Mrs. Browner is developing and directing

significant actions and policies advanced by federal agencies. For example, we learned earlier

this year that Mrs. Browner "quietly orchestrated private discussions from the White House with

auto industry officials" on an Administration proposal to regulate greenhouse gases from mobile

sources.

We are concerned that such orchestration is occurring on other issues. In this particular

instance, we are focusing on Mrs. Browner's direction over CEQ. In order to provide the public

with a clearer picture of Mrs. Browner's role, and how it impacts decision-making on CEQ, we

believe it would be helpful ifyou provided us with the following information:

• With respect to all meetings, discussions and conversations between CEQ and Carol

Browner or those working in her office, all correspondence and records relating to the

regulatory actions and policy discussions regarding (1) the EPA's Proposed

Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section

202(a) ofthe Clean Air Ac! (proposed rule), including the Technical Support Document,

and (2) EPA 's Proposed Rulemaking to Establish Light-Duly Vehicle Greenhouse Gas-

Emission Standards and Corporate Average Fuel Economy Standards, including the

Technical Support Document, announced September 15, 2009.

PHINTFD QN RECYO ED PAPER

Page 4: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

• All "correspondence and records'' with Carol Browner (including those transmissions on

her behalf) or those working in her office, includes but is not limited to the following:

letters and other written communications, electronic communications, phone records,

meeting notes, documents prepared to summarize meetings and agendas, meeting dates,

including attendees of listed meetings, and transcripts and notes from stakeholder

briefings that CEQ participated in and/or conducted in which Carol Browner or those

working in her office were present.

Due to the time-sensitive nature of this request, please provide a response no later lhan

Monday, October 26". If you have questions about the request, please contact Tom

Hasscnboehler at 202-224-6176 or Brian Clifford at 202-224-6441.

Respectfully,

Senator James M. Inhofe

Ranking Member

Senate Committee on Environment

Public Works

Senator David

Ranking Member

Subcommittee on Clean Air and

Nuclear Safety

itor John Barrasso

iking Member

Subcommittee on Oversight

Page 5: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

RARHAHA BOXER, CAUFORMU CHAIRMAN

MA* HAUCUS. MONTANA JAMES M INHOFE. OKLAHOMA

THOMAS H CAHHR. DELAWARE GEORGE V VOINOYICH. OHIO

FRANKR LAUTENBEHG. NEW JERSEY DAVID VI IT EH. LOUISIANA

BENJAMIN I CARDlN. MARYLAND JOHN 9ARRASSO. WYOMING

RERNARUSANtlERS. VERMONT AlttEN SPECTER. PENNSYLVANIA

AMV KIOBUCHAH. MINNESOTA MIKE CRAfO. IDAHO

SHELDON WHITEHDUSE. RHODE ISLAND CHRISTOPHER S BOND, MISSOURI

TOMUDAU. NEW MEXICO LAMA" Al EXANDEK TENNESSEE

™stenRgilEubhTne°newyork COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

United States Senate

B. staff oioecron WASHINGTON. DC 70510-6175P.UTH VAN MAW. MINORITY STAFF DlflECTOfl

October 7, 2009

The Honorable Ray LaHood

Secretary

U.S. Department ofTransportation

1200 New Jersey Ave. SE

Washington, DC 20590

Dear Secretary Lallood:

As with many others, we are concerned about the role of Presidential "czars" and their

influence over regulatory policy-making at federal agencies. We do not question a President's

right to appoint his own advisors, or that such advisors can influence policy al federal agencies.

It is our view, however, thai such heavy reliance on policy czars, and the fact that such czars

appear to have decision-making authority commensurate with Senate-confirmed, Cabinet level

officials, raises questions about the Administration's commitment to transparency and openness.

For this reason, we are requesting specific information about While 1 louse Coordinator of

Energy and Climate Policy Carol Browner, and how her office has exercised authority over the

U.S. Department ofTransportation ("DOT"). Through press reports, we have learned that, as

someone not subject to Senate confirmation, Mrs. Browner is developing and directing

significant actions and policies advanced by federal agencies. For example, we learned earlier

this year that Mrs. Browner "quietly orchestrated private discussions from the White House with

auto industry officials" on an Administration proposal to regulate greenhouse gases from mobile

sources.

We are concerned that such orchestration is occurring on other issues. In this particular

instance, we are focusing on Mrs. Browner's direction over DOT. In order to provide the public

with a clearer picture of Mrs. Browner s role, and how it impacts decision-making on DOT, we

believe it would be helpful if you provided us with the following information:

• With respect to all meetings, discussions and conversations between DOT and Carol

Browner or those working in her office, all correspondence and records relating to the

regulatory actions and policy discussions regarding (1) the EPA's Proposed

Endungermeni and Cause or Contribute Findingsfor Greenhouse Gases Under Section

202(a) ofthe Clean Air Act (proposed rule), including the Technical Support Document,

and (2) EPA 's Proposed Ruleniaking to Establish Light-Duty Vehicle Greenhouse Gas

Emission Standards and Corporate Average Fuel Economy Standards, including the

Technical Support Document, announced September 15. 2009.

PRINTED ON HECVC1XD PAPI H

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• All "correspondence and records"7 with Carol Browner (including those transmissions on

her behalf) or those working in her office, includes but is not limited to the following:

letters and other written communications, electronic communications, phone records,

meeting notes, documents prepared to summarize meetings and agendas, meeting dates,

including attendees of listed meetings, and transcripts and notes from stakeholder

briefings that DOT participated in and/or conducted in which Carol Browner or those

working in her office were present.

Due to the time-sensitive nature ofthis request, please provide a response no later than

Monday, October 26". If you have questions about the request, please contact Tom

Hassenbochlerat 202-224-6176 or Brian Clifford at 202-224-6441.

Respectfully,

Senator James M. lnhofe

Ranking Member

Senate Committee on Environment

Public Works

Senator David Viltcr

Ranking Member

Subcommittee on Clean Air and

Nuclear Safety

for John Barrasso

;ing Member

Subcommittee on Oversight

Page 7: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

BARBARA BOXER, CALIFORNIA, CHAIRMAN

MAX BAUCUS. MONTANA JAMES M. INHOFE OKLAHOMATHOMAS R CARPER. DELAWARE GEOHfiE V. VOINOVICH OHIOfRAWR. LAUTENBERG.NEWJFRSEV DAVID VirtER, LOUISIANABENJAMIN L. CAHEilN. MARYLAND JOHN 8ARF1ASSO WYOMINGBERNARD SANDERS, VERMONT ARLEN SPECTEH PENNSYLVANIAAMY KLOEUCHAR MINNESOTA MIKE CRAPO iQAHO

SHELDON WHITEhOUSE. RHODF ISLAND CHHISIOPHEH S RO.VD MISSOURI

JEfF M°RLLl NEW MEXICD LAMAB "LtXANEEB. TENNESSEE

kihstengillibhand. new vork COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

United States Senate/1MITTEE ON ENVIRONMENT AND PL

RUTH VAN MARS. MINORITY STAFF DIRECTOR WASHINGTON, DC 30510-6175

October 7, 2009

The Honorable Steven Chu

Secretary

United States Department of Energy

1000 Independence Ave, SW

Washington, DC 20585

Dear Secretary Chu:

As with many others, we arc concerned about the role of Presidential "czars" and theirinfluence over regulatory policy-making at federal agencies. We do not question a President'sright to appoint his own advisors, or that such advisors can influence policy at federal acenciesIt is our view, however, that such heavy reliance on policy czars, and the fact that such czarsappear to have decision-making authority commensurate with Senate-confirmed. Cabinet levelofficials, raises questions about the Administration's commitment to transparency and openness.

For this reason, we are requesting specific information about White Mouse Coordinator ofEnergy and Climate Policy Carol Browner, and how her office has exercised authority over theUnited States Department of Energy ("DOE"). Through press reports, we have learned that, assomeone not subject to Senate confirmation, Mrs. Browner is developing and directing

significant actions and policies advanced by federal agencies. For example, we learned earlierthis year that Mrs. Browner "quietly orchestrated private discussions from the White House withauto industry officials" on an Administration proposal to regulate greenhouse gases from mobilesources.

We are concerned that such orchestration is occurring on other issues. In this particularinstance, we are focusing on Mrs. Browner's direction over DOE. In order to provide the public

with a clearer picture of Mrs. Browner's role, and how it impacts decision-making on DOE webelieve it would be helpful if you provided us with the following information;

• With respect to all meetings, discussions and conversations between DOE and CarolBrowner or those working in her office, all correspondence and records relating to theregulatory actions and policy discussions regarding (1) the EPA's ProposedEndmgerment and Cause or Contribute Findingsfor Greenhouse Gases Under Section202(q) ofthe Clean Air Act (proposed rule), including the Technical Support Document,and (2) EPA 's Proposed Rulemaking to Establish Light-Duty Vehicle Greenhouse GasEmission Standards and Corporate Average Fuel Economy Standards, including theTechnical Support Document, announced September 15. 2009.

PRINTED ON HECVO.ED PAPEH

Page 8: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

• All "correspondence and records" with Carol Browner (including those transmissions on

her behalf) or those working in her office, includes but is not limited to the following:

letters and other written communications, electronic communications, phone records,

meeting notes, documents prepared to summarize meetings and agendas, meeting dales,

including attendees of listed meetings, and transcripts and notes from stakeholder

briefings that DOE participated in and/or conducted in which Carol Browner or those

working in her office were present.

Due to the lime-sensitive nature of this request, please provide a response no later than

Monday, October 26". If you have questions about the request, please contact Tom

Hassenboehier at 202-224-6176 or Brian Clifford at 202-224-6441.

Respectfully.

Senator James M. inhofe

Ranking Member

Senate Committee on Environment

Public Works

Senator David Vitter

Ranking Member

Subcommittee on Clean Air and

Nuclear Safety

(itor John Barrasso

iking Member

lubcommillec on Oversight

Page 9: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

BARUAILA BDXEK. CAUFflRHIA.

MAX BAUCU&. MONTANA

IIK1MASR CAHPEH. DELAWARE

FRANK R lAUIENBEPG, NEWJERSE*

BENJAMIN L CABDIN. MiHYLAND

BERNARD SANDERS VERMONT

AMV KLODUCHAH. MINNESOTA

SHELDON WHITEHOUSf. RHODE ISLAND

TOW UDALL. ^ew MEXICO

JAMES M INHOFE. OKLAHOMA

GEORGE V VOINOVICH OHIO

DAVID VITTER. LOUISIANA

JOHN BABRASSO. 1WOMING

AHLEN SPECTER. PENNSYLVANIA

MIKE CRAPO. IDAHO

CHRISTOPHERS BOND. MISSOURI

LAMAH ALEXANDEH. TEFJNESSEE

BeniwA poiniER. staff director

HUT" VAN WAR*. MtHORIlY STAFF DIUCCTOFI

•United States SenateCOMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

WASHINGTON, DC 20510-6175

October 7. 2009

The I lonorable Cass Sunstein

Administrator

Office of Information and Regulatory Affairs

1650 Pennsylvania Avc, NW

Washington, DC 20503

Dear Administrator Sunstein:

As with many others, we are concerned about the role of Presidential "czars" and their

influence over regulatory policy-making at federal agencies. We do not question a President's

right to appoint his own advisors, or that such advisors can influence policy at federal agencies.

It is our view, however, that such heavy reliance on policy czars, and the fact that such czars

appear to have decision-making authority commensurate with Senate-confirmed, Cabinet level

officials, raises questions about the Administration's commitment to transparency and openness.

For this reason, we are requesting specific information about White House Coordinator of

Energy and Climate Policy Carol Browner, and how her office has exercised authority over the

Office of Information and Regulatory Affairs ("OIRA"). Through press reports, we have learned

that, as someone not subject to Senate confirmation. Mrs. Browner is developing and directing

significant actions and policies advanced by federal agencies. For example, we learned earlier

this year that Mrs. Browner "quietly orchestrated private discussions from the White Mouse with

auto industry officials'" on an Administration proposal to regulate greenhouse gases from mobile

sources.

We arc concerned that such orchestration is occurring on other issues. In this particular

instance, we are focusing on Mrs. Browner's direction over OIRA. In order to provide the public

with a clearer picture of Mrs. Browncr's role, and how it impacts decision-making on OIRA. we

believe it would be helpful if you provided us with the following information:

• With respect to all meetings, discussions and conversations between OIRA and Carol

Browner or those working in her office, all correspondence and records relating to the

regulatory actions and policy discussions regarding (1) the EPA's Proposed

Endangerment and Cause or Contribute Findingsfor Greenhouse Gases Under Section

202(a) ofthe Clean Air Act {proposed rule), including the Technical Support Document,

and (2) EPA 's Proposed Rulemaktng to Establish Light-Duty Vehicle Greenhouse Gas

Emission Standards and Corporate Average Fuel Economy Standards, including the

Technical Support Document, announced September 15. 2009.

PRINTED ON RECYCLED PAP't H

Page 10: TOMUOALL,NEWMEXICO …...barbaraboxer.california,chairman wax0auclj5.montana jamesm inhoff,oklahoma thomasft carper.delaware georgev. uoinovich.ohio frankp. lautenbfrg,newjersey davidvittef1.

• All "correspondence and records" with Carol Browner (including those transmissions on

her behalf) or those working in her office, includes but is not limited to the following:

letters and other written communications, electronic communications, phone records,

meeting notes, documents prepared to summarize meetings and agendas, meeting dates,

including attendees of listed meetings, and transcripts and notes from stakeholder

briefings that OIRA participated in and/or conducted in which Carol Browner or those

working in her office were present.

Due [o the time-sensitive nature of this request, please provide a response no later than

Monday. October 26". If you have questions about the request, please contact Tom

Hassenboehler at 202-224-6176 or Brian Clifford at 202-224-6441.

Respectfully.

Senator James M. Inhofe

Ranking Member

Senate Committee on Environment

Public Works

Senator David Vitter

Ranking Member

Subcommittee on Clean Air and

Nuclear Safely

(ator John Barrasso

Inking Member

Subcommittee on Oversight