CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 4 April 2, 2008 Waiver That Would Have Allowed the an Endangerment Finding and Proposed SEC
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4768 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 4 April 2, 2008 waiver that would have allowed the an endangerment finding and proposed SEC. 2. REQUIREMENTS OF ADMINISTRATOR OF State to limit tailpipe greenhouse gas regulations this past autumn. A draft ENVIRONMENTAL PROTECTION AGENCY. has already been submitted to the pollution from cars and trucks. (a) RECONSIDERATION OF DENIAL.—Not later Unfortunately, deadlines for EPA ac- White House Office of Management and than June 30, 2009, the Administrator of the tion are necessary in both cases. Budget. Environmental Protection Agency (referred In its landmark Massachusetts v. This legislation puts EPA on the to in this section as the ‘‘Administrator’’) EPA ruling, issued 1 year ago today, clock to finish the job it was assigned shall reconsider, and confirm or reverse, the the Supreme Court gave EPA a specific by the highest court in the land. decision of the Administrator to deny the re- task: Determine whether the emissions The second deadline in this legisla- quest of the State of California to regulate of greenhouse gases endanger public tion requires the EPA Administrator greenhouse gas emissions from new motor vehicles. health and welfare, and then comply to reconsider, and either confirm or re- ject, EPA Administrator Johnson’s De- (b) ISSUANCE OF FINDING.—Not later than 60 with the Clean Air Act requirements days after the date of enactment of this Act, that result from this determination. cember decision to deny California a the Administrator shall issue a finding in ac- Yet 1 year later, EPA has done noth- Clean Air Act waiver. cordance with— ing. EPA Administrator Johnson Without the waiver, California and 15 (1) section 202(a)(1) of the Clean Air Act (42 pledged to act by December, but that other States are unable to control U.S.C. 7521(a)(1)) with respect to whether the day came and went. greenhouse gas emissions from auto- emission of greenhouse gases from any 1 or I wrote to Administrator Johnson in mobiles. more classes of new motor vehicles or new January asking for a timeline for ac- EPA Administrator Johnson denied motor vehicle engines, in the judgment of the Administrator, causes or contributes to tion. this waiver even though EPA’s legal and technical staff unanimously rec- air pollution that may reasonably be antici- He wrote back to tell me he could not pated to endanger public health or welfare; give me one. ommended that the waiver be issued. EPA’s attorneys had told Mr. John- and Last month, when I asked Mr. John- son that a waiver denial in this case (2) the decision of the Supreme Court in son how many people were working on Massachusetts v. Environmental Protection would ‘‘in effect, amend the Clean Air this endangerment finding, he could Agency, 127 S. Ct. 1438 (2007). Act by Administrative Action.’’ not tell me if anyone was working on They told him that EPA would be f it. sued and ‘‘was likely to lose suit.’’ SUBMITTED RESOLUTIONS In a March 27, 2008, letter to me and The decision was made before the many of my colleagues, EPA indicated legal justification had been written. that it intends to begin soliciting com- EPA staff had been cut out of the proc- SENATE RESOLUTION 496—HON- ments from the public as the Agency ess entirely. ORING THE 60TH ANNIVERSARY ‘‘considers’’ regulations of greenhouse His official legal document, issued OF THE COMMENCEMENT OF THE gas emissions. more than 2 months after Mr. Johnson CARVING OF THE CRAZY HORSE EPA’s letter indicates that it does issued the decision, asserts that the MEMORIAL not intend to determine whether green- waiver was denied based almost en- house gases endanger public health and tirely on the legislative history of the Mr. THUNE (for himself and Mr. welfare, as the court instructed it to 1967 Clean Air Act. His legal document JOHNSON) submitted the following reso- do, anytime in the near future. made no mention of the fact that Con- lution; which was referred to the Com- Instead EPA’s Administrator stated gress rewrote the operative section in mittee on the Judiciary: that ‘‘implementing the Supreme 1977. S. RES. 496 Court’s decision could affect many In hearing after hearing, Mr. Johnson Whereas sculptor Korczak Ziolkowski, who sources beyond just the cars and trucks has asserted that he made this decision never received any formal art training but considered by the Court,’’ suggesting himself. Apparently he read the law nonetheless won 1st place for sculpture at that the U.S. Supreme Court would differently than every one of his agen- the New York World’s Fair in 1939, came to have come to a different conclusion cy’s experts and attorneys—a different the Black Hills of South Dakota as an assist- had it better understood the Clean Air reading he has never explained. But ant to Gutzon Borglum to help carve Mount Rushmore; Act. even he has acknowledged that the Whereas Lakota Chief Henry Standing The process will not begin until process under which this decision was Bear contacted Korczak Ziolkowski in 1939 ‘‘later this spring.’’ made was unusual. to encourage him to create another moun- EPA has no further timeline for ac- I believe that an unusual process led tain memorial, saying in his letter of invita- tion, nor has it set a deadline for com- to an unusual result. tion: ‘‘My fellow chiefs and I would like the pletion. This bill would give EPA the oppor- white man to know the red man has great The plaintiffs in the Massachusetts v. tunity to reconsider this decision. And heroes, too’’; EPA case today returned to court to with this reconsideration we will see Whereas Crazy Horse was remembered by whether a normal process will produce his people as a fierce warrior and visionary compel the EPA to act. This bill is in- leader who was committed to preserving the tended to work in tandem with their a different result. This legislation sets firm deadlines traditional Lakota way of life; suit, compelling EPA to take an ac- Whereas Korczak Ziolkowski was inspired tion, which both the courts and the law by which EPA must complete its work. to honor the culture, tradition, and living indicate should not be unreasonably It instructs the administration to act heritage of North American Indians, and delayed. No one should interpret this in the face of climate change. It brings thus designed a metaphoric tribute to the bill as a substitute for the courts tak- an end to the delay and obfuscation spirit of Crazy Horse and his people; ing action to compel EPA to act with- that impede progress. Whereas Korczak Ziolkowski was dedi- cated as well to helping his country preserve out delay under existing law. Both the Mr. President, I ask unanimous con- sent that the text of the bill be printed freedom, enlisted in the Army, and was new lawsuit and this bill are prompted wounded in 1944 at Omaha Beach; by the clear failure of EPA to act on a in the RECORD. There being no objection, the text of Whereas Korczak Ziolkowski returned to reasonable timeline. the bill was ordered to be printed in South Dakota after World War II in order to Bottom Line: Responding to the Su- find a suitable mountain to carve in order to the RECORD, as follows: preme Court’s remand cannot and honor Crazy Horse and his people; should not be delayed for an undefined S. 2806 Whereas Korczak Ziolkowski and Chief period of time. Be it enacted by the Senate and House of Rep- Standing Bear dedicated the Crazy Horse Me- resentatives of the United States of America in EPA has had a full year to collect morial on June 3, 1948; Congress assembled, Whereas Korczak Ziolkowski worked until public comment and consider the im- SECTION 1. SHORT TITLE. his death in 1982, and his wife, Ruth, and plications of its response, and it has This Act may be cited as the ‘‘Greenhouse their family have dedicated their lives to done so. EPA staff told Congress that Gas Endangerment Finding Deadline and carving the mountain and continuing the they spent thousands of hours writing California Waiver Reconsideration Act’’. mission of the Crazy Horse Memorial; VerDate Mar 15 2010 10:52 Oct 25, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S02AP8.001 S02AP8 erowe on DSK5CLS3C1PROD with BOUND RECORD April 2, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 4 4769 Whereas there is no way to predict when (3) fight crime and fires; service of Federal, State, and local the mountain carving will be completed, (4) ensure equal access to secure, efficient, government employees during Public owing to the uncertainty of weather, the and affordable mail service; Service Recognition Week. availability of private funding, and the chal- (5) deliver social security and medicare lenges of mountain engineering; benefits; For the past 23 years, the first full Whereas, when completed, the Crazy Horse (6) fight disease and promote better health; week of May is reserved to recognize mountain carving will be the largest carving (7) protect the environment and the Na- the men and women of the military and in the world, at 641 feet long by 563 feet high; tion’s parks; civilian workforces diligently serving Whereas Korczak Ziolkowski’s parting (8) enforce laws guaranteeing equal em- our Nation and celebrate their achieve- words to his wife were, ‘‘You must work on ployment opportunity and healthy working ments. the mountain—but go slowly so you do it conditions; right’’; (9) defend and secure critical infrastruc- Throughout the history of this Na- Whereas the Ziolkowski family and the ture; tion, public servants have been the Crazy Horse Memorial Foundation have con- (10) help the Nation recover from natural first in many fields.