Contents
page
Executive Summary
The spirit of the 107th Congress can be captured in one word:
gridlock. The story of this Congress lies less in laws passed than
in those that fell by the wayside. On environmental matters, the
biggest focus was energy policy. For nearly two years, Congress
ground out thousands of pages of proposals, concept papers, and
talking points. The end result? Nothing, as the House and Senate
could not resolve their differences. Nor could they come to terms on
the budget. In the second session, the two houses couldn't even
agree on its rough outlines, and by October 2002, when Congress was
scheduled to adjourn, the process had ground to a complete halt with
only two of the 13 annual spending bills completed.
Mid-Term
Elections: What They Mean for Environmental Issues
Republicans rode the president's coattails on Election
Day 2002, taking back the Senate and widening their margin in
the House of Representatives. With control of the House, the
Senate, and the White House, Republicans will set the
legislative agenda for the next two years. Senator Daschle,
who stood strong on environmental issues, will no longer run
the Senate floor. Rather, Senator Lott, who supports drilling
in the Arctic National Wildlife Refuge and regularly fights
for the interests of corporate polluters, will be in
charge.
The shift in power also results in
chairmanships of the two most important environmental
committees in the Senate moving to senators whose records
indicate little if any support for environmental protections.
On the Environment and Public Works Committee, Senator
Jeffords (I-VT), long a champion of clean air and renewable
energy, cedes control to oil-patch Senator Inhofe (R-OK) who
has earned a score of zero from the League of Conservation
Voters for several years running. And Senator Bingaman (D-NM)
most likely will hand the gavel of the Energy and Natural
Resources Committee to Senator Domenici (R-NM), who supports
big subsidies for oil and gas companies and expansion of
nuclear power, but opposes incentives for renewable energy
sources.
At the subcommittee level, the National Parks
Subcommittee gavel moves from Senator Akaka (D-HI) to Senator
Thomas (R-WY), who regularly leads the charge to open our
national forests and other public lands to more logging. On
the Public Lands and Forests Subcommittee, Senator Wyden
(D-OR) hands over the gavel to Senator Craig (R-ID), who often
does the bidding of the mining industry. And the Clean Air,
Wetlands, and Climate Change Subcommittee chair moves from
Senator Lieberman (D-CT) to Senator Voinovich (R-OH).
|
The reason for this legislative stalemate: Capitol Hill was
fairly evenly divided between senators and representatives ready to
continue Congress's decades-long history of enacting legislation to
protect the environment and preserve the American landscape, and
those whose interests lie, together with the Bush administration, in
reversing past advances to offer big giveaways to big industries.
The Bush administration and like-minded members of Congress put
forth proposal after proposal to dismantle environmental
protections, intensifying their efforts post-September 11, 2001.
The deadlock in Congress in many cases worked to environmental
advantage. Few environmentally damaging bills-including the energy
bill-gained enough support to pass through Congress to the
president's desk. Yet neither were pro-environment members of
Congress able to pass new protections or strengthen existing
ones.
The 107th Congress did hold a few bright spots for environmental
policy. Most notably, Congress passed brownfields legislation that
will help revitalize abandoned industrial sites in communities
around the country. And both the House and Senate voted to preserve
special places: the Senate voted in 2002 to protect the Arctic
National Wildlife Refuge from oil drilling; both houses voted to
protect national monuments and sensitive coastal areas from oil and
gas development.
One of the biggest accomplishments of the 107th Congress, the new
campaign finance law, while not directly environmental in nature,
holds promise for protection of public health and natural resources.
If the law is implemented properly, it will help reduce the
disproportionate influence of big-money special interests, and
empower American citizens to become more active in the political
process.
But too often successes in the 107th Congress came in the form of
congressional maneuvers simply to hold the line against
environmental assaults. Early in 2001, congressional leaders began
to push back against the administration's anti-environment agenda.
In June of that year the House voted to block the Interior
Department from issuing permits for coal mining and oil and gas
drilling in national monuments. Congress then voted to stop the Army
Corps of Engineers from spending federal money on drilling projects
off the coast of Florida and in the Great Lakes. And in July came a
vote requiring the EPA to issue a new standard for arsenic in
drinking water, rebuking the administration's delay of and attempt
to weaken the new standard.
But this environmental momentum in Congress reversed following
the events of September 11. Not stopping or even slowing their
assault on environmental and health protections, Bush administration
officials instead used the terrorist attacks as a justification for
systematically dismantling environmental protections. They argued
that drilling for oil in America's last wild places should be
expedited as a response to the war in Afghanistan. They sought to
exempt the Department of Defense from cornerstone environmental laws
such as the Clean Air Act, the Endangered Species Act, and
Superfund, which funds cleanup of abandoned toxic waste sites. And
they won an extremely damaging victory when they successfully
pressured Congress into granting corporations broad new exemptions
from public disclosure as part of the Homeland Security bill. These
exemptions could allow companies to hide information about spills,
leaks, pollution releases or workplace hazards.
Meanwhile, the White House and Congress opposed raising fuel
economy standards, a very basic and achievable policy that would
greatly increase our national security by reducing our dependence on
foreign oil.
In early 2002, the Bush administration provoked a high profile
fight over public health issues by approving the Yucca Mountain
nuclear storage facility in Nevada for long-term storage of
high-level nuclear waste from nuclear power plants. Governor Kenny
Guinn (R) of Nevada and the state's congressional delegation tried
to block this decision but lost when Congress passed a resolution
(H.J. Res. 87) backing the administration's decision. Harry Reid
(D), the senior senator from Nevada, used his considerable clout as
Senate majority whip to prevent passage of this resolution and still
fell short of support, as other senators voted to transport their
nuclear waste problems to his state. In this case, gridlock would
have provided a better outcome.
The 108th
Congress Will Have a Huge Influence on the Makeup of the
Federal Judiciary
New Senate Judiciary Committee
chair Orrin Hatch (R-UT) intends to act quickly to clear a
number of President Bush's controversial judicial nominees,
several of whom are ideologically opposed to governmental
regulation of industry behavior. These nominees could have
profound implications for the future interpretation of
environmental laws.
Rumors of several possible
retirements have generated much speculation concerning the
future shape of the U.S. Supreme Court. Less publicized, but
just as important, is the potential effect of a
Republican-controlled Senate on the federal appeals courts,
most notably the U.S. Court of Appeals for the D.C. Circuit.
Next to the Supreme Court, the D.C. Circuit Court is the most
powerful court in the nation with regard to environmental
protections because of its jurisdiction over a number of
regulatory decisions made by the EPA, the Interior Department,
and other federal agencies. Currently, this court is evenly
split but nominations for four vacancies could tilt the
balance in favor of anti-environment forces. For more on this
situation, see NRDC's report "Hostile Environment: How
Activist Judges Threaten Our Air, Water and Land" at: http://www.nrdc.org/legislation/hostile/hostinx.asp hostile/hostinx.asp
|
The administration launched another congressional fight, which is
expected to continue into the next session, by failing to include in
its budget reauthorization of the taxes that fund federal cleanup of
abandoned toxic waste sites. Senators Boxer (D-CA) and Chafee (R-RI)
led an effort to reinstate the tax.
Congressional gridlock benefited ocean management policy when a
bill by Representative Wayne Gilchrest (R-MD) that threatened to
weaken the landmark fisheries law, the Magnuson-Stevens Act, didn't
gain enough support to make it to the House floor. Reauthorization
of the Marine Mammal Protection Act also stalled in the House, after
Representative Gilchrest offered a solid bill but one that likely
would have been gutted in the House Resources Committee by chairman
James Hansen (R-UT), who wanted to drastically reduce the scope of
the law.
One of the final debates of the session hinged on forest policy
and wildfires. After years of poor forest management and a summer of
heat and drought, wildfires raged throughout the West, and many in
Congress were under pressure to respond. Senate Majority Leader Tom
Daschle (D-SD) set the wrong example, however, by waiving a South
Dakota fire management proposal from standard environmental reviews
required under the National Environmental Policy Act and by
restricting judicial review of the plan. This opened the floodgates,
with several senators from western states and the Bush
administration using Senator Daschle's action as an excuse to try to
green-light logging on public lands in their own states. Senator
Larry Craig's (R-ID) proposal to prohibit appeals and judicial
review for logging projects nationwide created such a rift in the
Senate that it halted progress on the Interior Department funding
bill for weeks. In the House, Republican allies of the timber
industry passed legislation through the Resources Committee that
would not only have restricted opportunities for public input and
challenges to logging decisions, but also would have rolled back
core environmental protections.
Gridlock, clearly, is not progress. But in the 107th Congress,
the ability of determined members of Congress to block
environmentally damaging legislation, in the face of concerted
efforts by the administration to advance its anti-environment
agenda, was indeed an achievement. With Senate leadership shifting
in the next Congress, maintaining existing levels of environmental
protections will prove difficult; adding or strengthening
protections even more so.
Back
to contents page