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Guest Blog: Senator John Barrasso (R-WY) Uncovers EPA Deception

EPA Holds ‘Smoking Gun’ Memo from the White House

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Today I exposed a “smoking gun” White House memo to the Environmental Protection Agency (EPA). The memo warns that regulation of small CO2 emitters will have “serious economic consequences” for businesses and the overall economy. I was questioning EPA Administrator Lisa Jackson during the Senate Environment and Public Works Committee budget hearing.

I received the memo this morning, that’s marked ‘Deliberative: Attorney-Client Privilege’. In this memo Counsel for the White House repeatedly, repeatedly suggests a lack of scientific support for this proposed finding. This is a smoking gun, saying that the EPA findings were political and not scientific.

The EPA has failed to release the memo and has ignored the advice.

The nine-page White House memo undermines the EPA’s reasoning for a proposed finding that greenhouse gases are a danger to public health.

This misuse of the Clean Air Act will be a trigger for overwhelming regulation and lawsuits based on gases emitted from cars, schools, hospitals and small business. This will affect any number of other sources, including lawn mowers, snowmobiles and farms. This will be a disaster for the small businesses that drive America.

To quote from the memo to the EPA, “making the decision to regulate carbon dioxide under the Clean Air Act for the first time is likely to have serious economic consequences for regulated entities throughout the US economy, including small businesses and small communities.”

The memo is an amalgamation of findings from government agencies’ sent from the Office of Management and Budget to the EPA.

This smoking gun memo is in stark contrast to the official position presented by the Administration and the EPA Administrator.

Despite the findings in the memo, the White House has given the EPA the green light to move ahead with regulation under the Clean Air Act.

According to government records, the document was submitted by the OMB as comment on the EPA’s April proposed finding that greenhouse gases are a danger to public health and welfare.

The memo - marked as “Deliberative-Attorney Client Privilege” - doesn’t have a date or a named author. But an OMB spokesman confirmed to news agencies that it was prepared by Obama administration staff.

BACKGROUND: The White House brief questions the link between the EPA’s scientific technical endangerment proposal and the EPA’s political summary. Administrator Jackson said in the endangerment summary that “scientific findings in totality point to compelling evidence of human-induced climate change, and that serious risks and potential impacts to public health and welfare have been clearly identified…”

The White House memo notes, the EPA endangerment technical document points out there are several areas where essential behaviors of greenhouse gases are “not well determined” and “not well understood.”

It warns about the adequacy of the EPA finding that the gases are a harm to the public when there is “no demonstrated direct health effects,” and the scientific data on which the agency relies are “almost exclusively from non-EPA sources.”

The memo contends that the endangerment finding, if finalized by the administration, could make agencies vulnerable to litigation alleging inadequate environmental permitting reviews, adding that the proposal could unintentionally trigger a cascade of regulations.

The views expressed by guest bloggers on the Foundry do not necessarily reflect the views of the Heritage Foundation.

  • Author: Senator John Barrasso
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31 Comments

May 12, 2009 nic, wa writes:

Why should I consider anything that a Republican shill for big business has to say — especially when it comes to greenhouse gas omissions?

It’s like arguing with a proponent of the “Earth is flat” theory, or “people do not breath oxygen” hypothesis. When your a priori argument is factually wrong, no amount of “smoking guns” are going to help your cause.

May 12, 2009 Smoking Gun White House Memo « Justbkuz writes:

[...] dire effects on the economy.  How does it know?  His own staff prepared the documentation.  From The Foundry, a post by Senator John [...]

May 12, 2009 Woody Pfister, St. Louis writes:

This OMB document is posted in the docket on Regulations.gov for the proposed EPA endangerment finding. It was part of OMB’s normal regulatory review process. It may have been buried in the docket, certainly not publicized, but it’s been on a government web site since April. Here is the citation:

EPA-HQ-OAR-2009-0171-0124.pdf.

In reviewing the OMB comments and EPA’s responses, it appears to me that Carol Browner told OMB to take a hike.

May 12, 2009 Woody Pfister, St. Louis writes:

Too bad people post “Huffington Post/DAily Kos” like rants on this page without any knowledge what so ever.

The Cap N Trade tax increase is going to fail in Congress, so Carol Browner needed a back up plan, have EPA run the economy into the ground by regulating a substance that has been shown not to cause warming trends, but shown to increase after historical warming trends have begun.

Sure, just like Spain, we may create 5 green jobs for every 9 jobs lost to mandated renewable energy, but who cares, we can sell all of our assets to the Chinese so they can build more coal plants.

May 12, 2009 Fred Moolten, Pittsburgh writes:

The “memo” in question did not represent the views of OMB or the Administration, but was part of a routine process of collecting opinions from any federal staff members who cared to express them, and then passing them on to the relevant agency - in this case EPA. Some of the comments suggested minor modifications in the EPA findings, some claimed the EPA understated rather than overstated the dangers of global warming driven by CO2, and the most cited one, as noted above, warned about dire economic hardship from attempts to regulate CO2 and other GHGs.

The source of this warning was a non-scientist member of the Small Business Administration who is a holdover from the Bush Administration. It may be unfair to criticize Senator Barrasso for implying that this was the view from the current Administration, because he may simply have been unaware of the true source. I’m confident he will issue, if not a retraction, at least a modification of the views he expressed above.

May 13, 2009 Thomas Gray SC writes:

If and or when the EPA increases the operating cost of any large utility such as electricity that is continually under attack by the Obama friendly environ activist the poor she speaks of will pay, such power given or rather taken by one agency.

May 13, 2009 beaker55, wa writes:

Just read ‘Red Hot Lies’ and ‘Really Inconvenient Truths:…’. If there’s ANY truth to what these authors write (and their credentials are verifiable), then the whole global warming scenario is based on a sham of “scientific” research and the “data” has been politically manipulated and religiously/dogmatically defended. We’re witnessing a religious fundamentalism of a green nature. Read these books for a little perspective!

May 13, 2009 Internal Memo Confirms EPA Regulation of CO2 Will Hurt Economy! — PatrioticMind.com writes:

[...] Update:  Senator John Barrasso (R-WY) blogs on the “Smoking Gun” memo at Heritage.org.  Read it here. [...]

May 13, 2009 Woody Pfister, St.Louis, MO writes:

Fred Moolten confidently posts the information put out by the White House on this memo.

A “non-scientist”, like Al Gore and Carol Browner? A “holdover” from the Bush Administration? Do you mean a civil servant who are protected from being fired when administrations change, or a political appointee that President Obama decided to keep on? Except for DOD, appointees were almost universally asked to resign.

If this “non-scientist” was held over by President Obama, the person must have had high qualifications or other valuable traits for the new administration. As the comments touched on both legal and technical concerns, it must have been the compilation of SBA’s comments, transmitted by this person the President held over.

May 13, 2009 Angel, Ohio writes:

Okay — so when we get taxed. Where will that money go? How will the taxing of this on CO2 really help the environment?

Just another ploy to get more money from the tax payer. It is all a big lie. Pretty soon you will have to pay for breathing.

If you are so concerned about CO2 emissions it would be cheaper to plant some trees.

Just another pack of lies!

May 13, 2009 Deb, Wisconsin writes:

So, we are to give the government the authority to control CO2 which is a key natural component of the atmosphere; Should they also have authority to control oxygen and nitrogen? Then we are asked to blindly “trust” them to use this massive authority wisely… like a benevolent monarch or dictator, (aren’t we fortunate that they plan to be kind to us rather than cruel?)

This is an affront to the very core of our democracy that gives power to the people to choose governments, not the other way around… We are on the path to servitude… today benevolent (if we do what they want), but what about tomorrow? When they have the power to wield, who can stop them from using however they wish?

May 13, 2009 TGOTCB writes:

Hypocrisy over Democracy
The Fed Gov’t can spend millions, investigate for months, and hold lengthy hearings about steroid use in major league baseball but won’t conduct open debate about global warming, cap and trade, alternative energy, ACORN abuse, or any other politcally controversial issue that significantly affects the welfare of EVERY US citizen. This country is becoming more polarized and partisan because of the bully pulpit, “we won”, double-tlaking, back-stabbing, flip-flopping, and uncontrolled spending of the current administration. I am convinced that Obama is running the country like a dirty Chicago politician who has many opponents but fears none because he attacks all detractors with a vengeance. His words don’t fool me. His actions speak louder than words. But far too many Americans are either [a] ignorant [b] oblivious or [c] don’t care to stand up to his Monarchy.

Time will prove that his policies are destroying the country. Unfortunately, it will be too late to fix the path of financial ruin he is cramming down the throats of Americans.

May 13, 2009 George in Mass writes:

For the most part government regulation’s to very little except increase the cost of doing business. This is one reason that companies in the northeast began moving to the south read: cheaper labor, energy cost to offset regulations. The next “move” companies made was to oversea’s which is something that continue’s to happen. With Obama looking to increase tax on business and find a way to tax oversea bank account’s from US companies doing business over there you will continue to see the exodus of business to totally operate oversea’s. Companies will do what it takes to remain profitable. Believe me I have been watching this since the early 70’s and if you look at our manufacturing in this country that continues to disappear you will see that I am right. No, better yet ask someone you know that use to have a job with a company that is now overseas. You cannot have a real, solid economy without making goods. It just doesn’t happen. If you have either been involved in business or have or do own one you would better understand how the economy works and how government regulations have played a huge part in forcing company’s out of business or to move oversea’s.

May 13, 2009 Pat, Michigan writes:

Thanks for the insight, nic. (it’s emissions, by the way).

Anyway, you assert that those who would say the gas you and I and every living thing exhales; the gas that every green thing on earth requires to live - those that say CO2 is not a pollutant are wrong. Please enlighten me with your data. Please make that objective data, demonstrated in nature; not something based on flawed computer models popular only because a Democrat Liberal shill for Greenpeace and teh Sierra Club says it’s so…

May 13, 2009 TGOTCB writes:

George, you are spot on my friend. The blunt reality is that this administration was voted in and is supported by [a] transfer payment recipients (existing and future) [b] pencil / paper pushing white collar workers who produce nothing [c] students and new voters who haven’t a clue as to what makes an economy work [d] partisans who were most interested in getting Bush out (which was going to happen anyway) and [e] MTV | Ameirican Idol | Oprah addicts who care more about what’s popular than what’s right.

What a shame that the Republicans could do no better than McCain and Palin. He was helplessly framed as a disgruntled old white guy and she as a backwoods pretty face only.

May 13, 2009 Dwana Townsend writes:

All I know is just as the case with the enhanced interrogation techniques the administration will only release one side of the story, not full disclosure, but just what they want us to know. In the case with the interrogation I believe it is all about attacking the Bush Administration. We will never know all of the FACTS!! Same is with the EPA studies. The studies are only theoretical with no scientific back up. As a matter of fact many scientists have presented arguements that disprove many of these theories. The clean air act is just another way that a government agency will be able to gain more power as well as revenue to further their agenda, which I suspect is all about power and money anyway.

I suggest that someone show us actual scientific proof of the effects of our current emmission levels. I personally think trying to regulate Co2 is ridiculous as Co2 is necessary for plants to survive. They really cannot prove that Co2 causing what may just be the Earth’s cycle of evolution.

I do believe we should be more responsible when it comes to keeping the environment clean, especially with the disposal of garbage that is non degradable and could possibly be recycled as well as using alternative sources of energy. At this time the alternative sources, such as wind turbines, solar panels, nuclear, are unrealistic, unreliable, and cost more to use, not to mention the manufacturing of such things comes with environmental issues.

We have come a long way in controlling pollution and regulating emmisions from many manufacturers and oil production. As a matter of fact the Oil industry takes every precaution of being environmentally friendly. The drilling platforms out in the Gulf of Mexico are a great example.

In any case, I believe this isn’t at all about Global Warming. There is a hidden agenda and it’s another tactic to draw our attention away from other things and people with influence workings behind the scenes.

May 13, 2009 Capt Timmy Townsend writes:

We have to stand up to this corrupt administration. Call and e-mail your congressman, and senators. Tell them we have had enough, and we’re going to vote their asses out in 2010, or 2012. ACORN, has a thousands of there staff doing this dailey. STAND UP AND FIGHT BACK NOW!!!!!!!!

May 13, 2009 J. Jackson Houston Texas writes:

We are told the very gas we exhale is a cause of global warming ???? We have 2 possible choices, 1. the people pushing this agenda are crazy or 2. these people have an evil agenda set on the destruction of the USA with the goal of rebuilding the country in the image of Europe. I travel to Europe for buisiness numerous times a year and can only say I am not impressed. The cap and trade revenue the fed will collect is likely to be used to pay for social programs that do not work. Wake up America before it is too late.

May 13, 2009 Lynn B. DeSpain writes:

The EPA is just another agency serving no purpose as it is formed from baseless facts and meant to enforce that which does not exist. There is no ‘Green House Efect’ so how can it be protected against? The only particulates that form that could possibly create an Green House effect are water droplets, not CO2, as based on facts from numerous antarctic glacial drillings.
America need to stop listening to the whining doom and gloomers and get their intestinal fortitude back. Tell those people in DC that they work for us, the American Citizens, and not the other way around. Tell them that ‘WE are not Happy with what They are doing, and if they wish to keep their Jobs, they best change their attittudes.”
Hozro

May 13, 2009 Monk writes:

The “global warming” debate is over, according to Al Gore and his legion, only because no true impartial debate on the issue occurs but rather the “science” is controlled by the Left wing media outlets e.g. MSNBC, NBC, NY Times, Washington Post, CBS, ABC, you get the picture.

Here is a website (Google “The other side of the global warming debate” if the link doesn’t work) of over 31,000 credentialed scientists, engineers, and physicians with supporting documents that disproves the what’s being forced fed to us and opposes the Kyoto protocol:

http://personals.galaxyinternet.net/tunga/OSGWD.htm

You’ll notice that the latest entries are dated late Winter and early spring 2009.

What’s really going on is yet another example of the political and elitist classes (read Bankers) attempts to control and rule the world their way, and extort money from the masses. It’s a true evil vs good scenario and more good people need to stand up as capt Timmy so rightly says. I volunteer with a local grassroots organization of regular folk and YOU SHOULD TOO if you want to snatch our country back from those who would destroy the principals that made it the greatest society history has ever known. Read THE 5,000 YEAR LEAP and you’ll be empowered, enlightened and ticked off at what has been going on right under our noses. I’m asking you to pray for GOD to please bless our country in this time when the enemy seems so strong.

May 13, 2009 Pamela writes:

Bravo, Senator Barrasso. We need more senators and congressmen who will act like real leaders and represent the American people. There are too many who are following the “Pied Piper”.

May 13, 2009 Barb -mn writes:

Good one!
Are they able to speak truth? Or have they been so indoctrinated their skill is to cover up? Truth is beyond the indoctrinated!

Thank you, Mr. Barrasso.

May 14, 2009 EPA hearing on CO2, the”greenhouse gas” writes:

[...] Yet while the real science of climate change is rapidly making mockery of the CO2 is a pollutant argument. True believers at EPA think CO2 is causing of global warming, the Obama administration is hell bent on regulating CO2 and passing a carbon tax and trade system. At a Senate hearing [yesterday], Sen. John Barrasso (R-Wyo.) grilled Lisa Jackson on the OMB memo. During today’s EPW Committee hearing, Senator Barrasso asked EPA administrator Lisa Jackson about a “smoking gun” OMB Memo on the Serious Economic Impact Likely From EPA CO2 Rules. Senator Barrasso continues his comments in the Heritage foundation BLOG. Guest Blog: Senator John Barrasso (R-WY) Uncovers EPA Deception [...]

May 14, 2009 danny writes:

He who controls Carbon controls the world and the people who live in it. I think that says it all

May 14, 2009 Emanuel McCray, San Diego writes:

This document, if true, utilizes a very common sense approach to understanding human behavior. For example, if it becomes too hot in Arizona for certain humans, they will simply move. If pollen and other allergens become too unbearable, ditto, the human will avoid these items. Now if a human becomes tired of being washed out to sea by rougue waves, they will simply move away from the coastline. Let’s be realisitic: hurricanes rip through many parts of the U.S. and the world, in the same locations each year, and some humans simply rebuild. The carbon hoax and climate change fraud is busted. Let the intentional interference with business lawsuits begin!

May 14, 2009 Paul, FL writes:

All who believe in “global warming” need to loosen the tin-foil hat on their heads and stop running around shouting “the sky is falling, the sky is falling”!
I am a visual person, so if anyone can prove to me that “global warming” is real using the REAL WORLD, not computer generated al gore “mumbo-jumbo”, then I will be convinced. But I don’t believe that will happen since “global warming” is made-up and not a real science!

May 19, 2009 Bladerunner, WA writes:

Anyone who studied HS Chemistry (before the Yayhoos on the left started teaching) knows that Hydrogen, Helium, Oxygen, and Carbon, in that order, are the top four most abundant elements in the Universe.
Water (H20) covers 70% of the earth’s surface; approximately 70% of the human body is water, the earth’s atmosphere is 78% Nitrogen, 21% Oxygen, and .96% Argon, followed by Hydrogen and Carbon as variables in water vapor and CO2.
Somebody explain to me . . . no, wait.
I’ve participated in this argument many times. Following extensive “number crunching”, here is an interesting bit of info:

If we assigned 3 square feet of surface area to each human being on planet earth, the entire world population (6.9 billion) would fit in Delaware (.036% of total land area of earth), every vehicle and aircraft on earth could be parked in Texas, and every boat and ship could be docked on the coastline of Alaska.

So someone explain to me how the human race is having such a monumental impact on the earth’s environment.

“Global warming”? “climate change”? “Polluting the atmosphere”? “Destruction of the earth”? And we insufferable humans are responsible? Gimme a break.

May 24, 2009 Tyler, WA writes:

Seriously…. First it was the rainforest, then acid-rain, then our landfills, then we’d be breathing out of gasmasks by the year 2000 because of pollution, now it’s global warming…

October 22, 2009 Coder59 writes:

Social dynamic is different in an online classroom. ,

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