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Lawmakers, Coal Industry Slam EPA Regs at Capitol Hill Rally

Photo Credit: Graeme Jennings/ExaminerThousands of coal miners swarmed the Capitol’s west lawn Tuesday to protest forthcoming Environmental Protection Agency regulations that they say will kill jobs in coal communities.

The estimated crowd of 3,000 at the industry-sponsored event railed against greenhouse gas emission rules floated by President Obama’s EPA. Attendees, as well as lawmakers who spoke at the event, contended the agency is putting their livelihoods in jeopardy.

“We’re going to push back against these people in every chance we can. We are going to stop this war on coal,” Senate Minority Leader Mitch McConnell, R-Ky., said at the event. “[Obama] has created a depression in eastern Kentucky.”

The EPA’s carbon rule for new power plants is due by June, and the one for existing plants is scheduled for June 2015.

Republicans, centrist Democrats and industry officials say those impending rules, which are the centerpiece of the Obama administration’s plan to address climate change, will drive energy prices higher, stunt the economy and create ghost towns out of coal communities.

Read more from this story HERE.

Sen. David Vitter Calls on DOJ to Investigate Armed EPA Raid in Alaska

Photo Credit: APSen. David Vitter (R., La.) called on the Justice Department (DOJ) Tuesday to investigate an armed raid by Environmental Protection Agency (EPA) agents on an Alaskan gold mine that occurred earlier this year.

Vitter, in a letter sent Tuesday to Attorney General Eric Holder, requested the Justice Department investigate the EPA raid, which occurred at a gold mine in Chicken, Alaska earlier this year as part of an investigation into violations of the Clean Water Act.

“The EPA’s use of unnecessary armed intimidation tactics against Alaska miners this summer was extreme, especially to investigate potential Clean Water Act violations from what are essentially a handful of small business owners,” said Vitter, the ranking member of the Senate Environment and Public Works Committee. “At the very least, EPA owes Congress and the American people a thorough explanation, but since they have refused to publicly explain their raid, I hope DOJ will investigate EPA’s excessive actions.”

Vitter and Sen. John Barrasso (R., Wyo.) sent a letter in September calling on EPA Administrator Gina McCarthy to explain the circumstances of the inspection, which rankled Alaskan politicians and residents already distrustful of the nation’s top environmental enforcer.

“According to several news outlets, EPA agents needlessly intimidated miners last month near Chicken while investigating supposed Clean Water Act (CWA) violations, going so far as to wear full body armor and carry guns in confronting the surprised miners,” the senators said.

Read more from this story HERE.

Special Counsel to Investigate Armed EPA Mining Raid in Alaska

Photo Credit: jkbrooks85Alaska’s governor, Sean Parnell, announced Thursday that a special counsel has been named to investigate raids by conducted by federal and state authorities near the town of Chicken.

“Alaskans deserve to know all the facts in this case,” Parnell said in a Thursday press release. “While these facts are being gathered, I will continue to be vigilant in defense of Alaskans’ liberty and personal property.

Anchorage attorney Brent Cole will be asked to determine, among other things, whether any laws were violated and if different actions could have been taken. The report is due within 90 days.

A spokesman for the federal Environmental Protection Agency, at the time, did not deny that agents wore body armor and carried guns, but said it was not a “raid.” The task force included members from 10 state and federal law enforcement agencies.

Read more from this story HERE.

The EPA as Energy Master

Photo Credit: National Review

Photo Credit: National Review

The imperial EPA has once again raised its scepter, this time proposing the first hard caps on carbon dioxide emissions from coal-fired power plants. The proposed coal rule merits a deeper assessment than it has yet received. The impacts of this and other EPA rules targeting coal go far beyond the coal industry. The EPA is undermining the very foundations of economic productivity.

The EPA’s first group of greenhouse-gas rules, which were hastily promulgated in 2010, require only a relatively light increase in the burden placed on power plants for the purpose of increasing energy efficiency, for now. By contrast, the coal rules proposed on September 20 — called New Source Performance Standards — are the EPA’s first direct regulation of carbon dioxide (CO2). The rule’s numerical limits for emissions of CO2 from any new coal-fired power plants are commercially unachievable and lay the groundwork for the final blow to coal: the future demand for an impossible reduction of CO2 from existing power plants. In essence, the EPA is proposing the de facto elimination of the coal-fired plants that have provided 40 percent of America’s electricity over the last twelve months.

The EPA’s standards for coal plants are unachievable because use of the much-ballyhooed technology called carbon capture and storage (CCS) is infeasible on a large scale. The EPA’s own studies agree that CCS is not commercially viable. But never mind, says the EPA, CCS has been adequately demonstrated.

No one in the business of generating electricity believes CCS is anywhere near commercially demonstrated — no one, that is, who hasn’t just received a federal loan guarantee of half a billion dollars. Several heavily subsidized small pilot projects already have failed miserably, and the remaining projects, supported by more of those millions in loan guarantees and grants, are incomplete without evidence of viability. When a carbon-control technology must utilize 50 percent of the electricity generated by the plant, the enterprise simply is not viable.

Read more from this story HERE.

EPA to Be Hit Hard in Shutdown, Could Delay Renewable Fuel Standard

epaThe U.S. Environmental Protection Agency will take one of the biggest hits of any federal agency if the government shuts down this week, operating with under 7 percent of its employees, according to guidance issued by the agency.

Among those furloughed would be most workers at the Office of Air and Radiation, which is in charge of writing and implementing most of the EPA’s major air pollution rules. The clock would also stop, for now, on the EPA’s eagerly-awaited proposal on renewable fuel volume standards for 2014.

The EPA said its plan for dealing with a shutdown would classify 1,069 employees, out of 16,205, as essential. These employees would continue to work if Congress fails to secure a budget deal by midnight Monday to avoid disruption to federal funding.

Taking the air and radiation unit off the grid will tighten timelines to meet certain court-imposed deadlines, said one expert.

“People are not going to be able to be working on these rules at home,” said Dina Kruger, an environmental regulation consultant and former climate change director at the EPA, who worked at the agency when the government shut down in 1996.

Read more from this story HERE.

Democratic Congressman Eviscerates New EPA Coal Regulation

Photo Credit: Getty Images

Photo Credit: Getty Images

Rep. Nick Rahall, D-W.Va., said last Thursday that the Environmental Protection Agency’s latest proposal to reduce carbon emissions from coal-fired power plants is “ill-conceived and illogical.”

Rahall, who wrote a blistering op-ed for Coal Valley News, reiterated the point that the EPA’s new regulations would essentially ban new coal plants and further the “war on coal” meme.

“It is just the latest salvo in the EPA’s war on coal, a war I have unwaveringly soldiered against, and I will work tirelessly to prevent such an ill-conceived and illogical plan from moving forward,” Rahall said.

Rahall noted that the EPA’s “wrong-headed policy” would increase energy bills, reduce energy reliability and cost jobs. He then blamed the EPA for

“This callous, ideologically driven EPA continues to be numb to the economic pain that its reckless regulations cause,” Rahall said.

Read more from this story HERE.

EPA Seeks Definition of ‘Bodies of Water’ for Clean Water Act

Photo Credit: Getty Images

Photo Credit: Getty Images

The EPA took a giant step toward finally defining which bodies of water are subject to regulation under the Clean Water Act last week, when it filed a draft rule with the White House regulatory czar designed to settle the confusion created in recent years by a series of court decisions.

The legal battles have centered on the definition and scope of a seemingly innocuous phrase — what exactly are “waters of the United States”?

Judges and regulators have wrestled over how to interpret the term in the absence of legislative action to clarify it. Now, the EPA is not only proposing a regulatory solution — which is not yet publicly available — but is also conducting a scientific review to accumulate evidence to back up the penultimate rule.

That approach to implementing the Clean Water Act (PL 95-217) is the latest example of the Obama administration’s philosophy on environmental policymaking: Act when Congress doesn’t and take steps to shore up the approach against future legal challenges.

“We’re not likely to get that clarity from Congress anytime soon,” said Bruce Myers Jr. of the Environmental Law Institute. “Further clarity from the agencies is beneficial.”

Read more from this story HERE.

Armed EPA Raid in Alaska Sheds Light on 70 Fed Agencies with Armed Divisions

Photo Credit: REUTERS

Photo Credit: REUTERS

The recent uproar over armed EPA agents descending on a tiny Alaska mining town is shedding light on the fact that 40 federal agencies – including nearly a dozen typically not associated with law enforcement — have armed divisions.

The agencies employ about 120,000 full-time officers authorized to carry guns and make arrests, according to a June 2012 Justice Department report.

Though most Americans know agents within the Drug Enforcement Agency and the Federal Bureau of Prisons carry guns, agencies such as the Library of Congress and Federal Reserve Board employing armed officers might come as a surprise.

The incident that sparked the renewed interest and concern occurred in late August when a team of armed federal and state officials descended on the tiny Alaska gold mining town of Chicken, Alaska.

The Environmental Protection Agency, whose armed agents in full body armor participated, acknowledged taking part in the Alaska Environmental Crimes Task Force investigation, which it said was conducted to look for possible violations of the Clean Water Act.

The EPA defended its use of armed officers, after the Alaska incident.

“Environmental law enforcement, like other forms of law enforcement, always involves the potential for physical, even armed, confrontation,” the agency said.

But Alaska Gov. Sean Parnell has already ordered an investigation, saying “This level of intrusion and intimidation of Alaskans is absolutely unacceptable.”

Read more from this story HERE.

Will EPA ‘Force’ Another Decision on Alaska’s Native Communities?

Photo Credit: AP

Photo Credit: AP

Lary Hill grew up in a crowded house surrounded by generations of family deep in the Alaska bush country.

In Iliamna, some 180 air miles southwest of Anchorage, communities hunted and fished to survive.

Hill, 68 and an elder of the community of 120 residents, said his family had no idea they were poor until the federal government told them.

“We always had enough food to eat and a warm place to live, with family all around. We had no understanding of what poor meant,” he said.

Then, through years of government-administered programs in which “being poor meant you could get free stuff,” the destiny of the region’s people seemed to be in the hands of bureaucrats.

Hill knows all too well, though, what the government giveth, it can taketh away.

“There’s been a pattern here for so many years where the federal government once they start giving us all these things, once they do that we pretty much lose control over our own life, our own society,” he said. “If we don’t behave, the government will take the benefits away.”

Poverty prevails in Iliamna and the region, where at least a quarter of the population is unemployed.

Now there is opportunity in Iliamna, and the potential for so much more.

Hill and several others in his community are employees of the Pebble Limited Partnership. The development initiative of London-based Anglo American and British Columbia’s Northern Dynasty Minerals, proposes developing the mine, a multibillion-dollar capital investment that would create thousands of good paying, short-and long-term jobs, according to PLP.

In conversations with Watchdog.org, Hill and other community members on the PLP payroll say they are not yet sold on the project. They want to know more about it. If the large-scale copper and gold mine can’t co-exist with Alaska’s salmon fishing industry — if a mine can’t operate without destroying their tribe’s native land — they don’t want it.

But they also don’t want the government and environmental groups with an ax to grind telling them — again — what’s good or bad for them.

That’s what it feels like to Iliamna community members who worry that the EPA could drop a regulatory hydrogen bomb on the town’s potential — 404(c) of the Clean Water Act, which could pre-emptively kill the mine project before a plan is submitted.

“People aren’t asking us, they are just pushing things on us,” said Lisa Reimers, CEO of the Iliamna Development Corp.

There are a number of residents of Iliamna, many more outside the region, asking the EPA to veto the project. They fear a large-scale mine would ruin the Bristol Bay Watershed, which feeds 50 percent of the world’s sockeye salmon population, critical to the region’s economy.

But critics vehemently opposed to large-scale mining in Anchorage and elsewhere also expressed their dismay that the project may not have the opportunity to be heard and that EPA has the power to strip basic due process.

You’ll have to excuse Pebble officials for feeling a little anxious with the arrival on Tuesday of the EPA’s new administrator, Gina McCarthy.

The last time an EPA administrator came to Alaska to talk about the Pebble project, in late July 2010, then-EPA chief Lisa Jackson apparently forgot to mention to PLP that some Alaska communities and tribes had submitted a petition asking the EPA to impose the pre-emptive veto provision. In February 2011, EPA opted to perform a Bristol Bay Watershed Assessment that predicted massive damage but was criticized by many of the document’s peer reviewers for faulty, hypothetical science.

An EPA official told Watchdog.org that McCarthy is not expected to make any announcements regarding the Pebble project during her stop Tuesday in Alaska.

Mike Heatwole, vice president of public affairs for Pebble Partnership, said Pebble officials are more optimistic about this EPA visit this time around, that the tone of the new administrator seems more open to a “transparent effort.”

The past is problematic, however.

Reimers and other community members say they had tried on several occasions to meet with the former EPA administrator, to no avail. At the same time, Jackson opened her door on several occasions to opponents of the mine proposal.

So, community members like Sue Anelon, who also works for Pebble, have a lot to say to the new EPA administrator.

“We don’t want this regulation (404(c)) enforced upon us,” Anelon said. “We’ll make that decision, not somebody else forcing it on us. We’re going to tell her, this is not fair to our communities.”

Hill said he wants to know just what another outside agency will decide for his community.

“If she invokes the power of the Clean Water Act, that might rob our area of the chance to have an industry that would allow us to do more than survive, but thrive,” Hill said.

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Courtesy of The Franklin Center’s Watchdog Wire

EPA Employee Stole $886K from the Agency

epa employee stoleAn Environmental Protection Agency employee knowingly stole more than $886,000 from the agency, according to a criminal filing from the Department of Justice.

The alleged fraud occurred in the EPA’s Office of Air and Radiation under the nose of former administrator Gina McCarthy, who now heads up the entire agency.

“There appears to be corruption to the umpteenth degree,” said Louisiana Republican Sen. David Vitter. “I think it’s appalling that Administrator McCarthy and former acting Administrator Bob Perciasepe could claim that sequester is depriving the agency of important resources when in fact their own employees are stealing from the government.”

EPA employee John Beale, who worked in the air office, stole $886,186 from the agency between 2000 and 2013. According to the criminal filing, Beale had stolen agency funds through salary, benefits, and certain bonuses that Beale “had not earned by providing employment services to the EPA.”

Read more from this story HERE.