Cover
story Activists battle Bush assault on California green laws
By RICH HEFFERN
California, the state with the nations toughest
environmental laws and regulations, faces an attack on all fronts from the Bush
administration, according to the states conservation activists and
leaders.
From undermining the Golden States recent legislation on
reducing harmful greenhouse gas emissions to changing forest management
practices in the Sierra Nevada Mountains, long-time environmental experts say
the Bush White House is undertaking an unusually ambitious campaign that will
undermine Californias ability to protect its environment.
Recent federal policy changes and administration interventions
within the nations most populous state demonstrate a dangerous
hostility to the very idea of environmental stewardship, Sierra Club
president Carl Pope, told NCR. Anyone who shares the broad
national consensus that this country is committed to protecting its citizens
from easily avoidable risks from polluted air, contaminated water or reckless
toxic waste dumping should be deeply concerned.
The deepest fear, many say, is that if the administrations
initiatives are successful here, they will take hold in other areas of the
country. In fact, the Natural Resources Defense Council, a national
environmental advocacy group, just released its annual report, titled
Rewriting the Rules: The Bush Administrations Assault on the
Environment, which details continuing environmental retreats nationwide
by the Bush administration over the past year (see related story).
Californias environmentalists tick off a list of recent
moves within their state:
- The administration is driving for an extension of offshore oil
drilling rights in Californias southern coastal waters. The state had
declared its coastal waters off-limits to new oil wells, yet the U.S. Interior
Department wants to extend 36 oil and gas leases without requiring oil
companies to seek review and approval under the states federally approved
coastal zone management program.
A destructive oil spill in 1969 in offshore waters of Santa
Barbara inaugurated Californias determined, decades-long drive to protect
its shores, its inland waters and forests. Preserving the ban on offshore
drilling has been a required part of the platform of any Californian running
for office, Democrat or Republican, anywhere in the state for the last 30
years. Bushs Interior Department wants to help reverse this solidly green
trend in the Golden State, critics say.
- At the same time the White House seems to be pushing to
overturn a Clinton-era management plan for the national forests of the Sierra
Nevada, replacing a conservation-based approach with one that would accelerate
logging, according to reports that appeared in late January in The
Sacramento Bee, the Los Angeles Times and the San Francisco
Chronicle.
Recently announced plans indicate that the U.S. Forest Service
will allow thinning in the states national forests, which add
up to 10 percent of the nations public forests. In a shift in how forests
are managed across California, the service is preparing to let timber companies
log more medium-sized trees from 11 million acres.
California Regional Forester Jack Blackwell contends the extra
logging activity and revenues will help speed clearing of brush and small
saplings that have fueled huge wildfires over the last 10 years.
Conservationists say that this brush is the result of extensive logging that
took place in the 1980s, and that a return to logging will further increase
fire dangers. They threaten to sue if current plans develop into action.
Blackwell is being praised by the timber industry, which has seen
logging decline in the states national forests by 90 percent in the last
decade.
- California is home to giant sequoia trees, the worlds
largest living things. Californias state tree, they occur nowhere else on
earth. The U.S. Forest Service, with the blessing of the Bush administration,
also plans to put logging up front in its plans for the future of
Californias Sequoia National Monument (see related story).
Environmentalists point out that the Forest Service, as part of
the U.S. Department of Agriculture, is currently overseen by former timber
industry lobbyist Mark Rey. In early January, one of Reys deputies, Dave
Tenny, met with Jack Blackwell in California.
Some think the environmentalists have lost their sense of balance.
David Bischel, president of the California Forestry Association, a lobbying
organization for the states timber industry, told NCR: The
issue in the new forestry plans is not harvesting timber, but rather doing what
is best for the environment in the long run. There was huge gridlock built into
the old plan.
Of 227 projects currently up for decision in the states
national forests, 85 percent were appealed or are in litigation, according to
Bischel. These new forestry plans map a way forward, in a socially,
economically and environmentally responsible manner.
He also said that statewide there are only four family-owned
timber-harvesting businesses operating eight processing mills that service the
11 million acres of national forest lands. So were not talking here
about a vast industry conspiracy.
Theres a lot of shrill, sky-is-falling-type rhetoric
going around now, Bischel said. But in the long run in California
these plans will result in more old-growth forests preserved and even more and
better wildlife habitat.
- Besides forests, critics point out that the administration has
targeted rivers, streams and marshes as well. Officially declaring 2002 the
Year of Clean Water, President Bush challenged Americans to help
the administration finish the business of restoring and protecting our
nations water for present and future generations. Yet last year the
White House also approved a controversial Army Corps of Engineers proposal to
relax nationwide permit rules. These rules, established by Congress in 1977,
allow the corps to issue permits for activities that discharge fill or dredged
material into wetlands or streams.
For California, this would affect vast tracts of marshlands up and
down the Sacramento and San Joaquin valleys.
In addition to the threats to wetlands and forests accomplished by
reshaping federal rules and policies, the Bush administration, say critics, is
helping to directly undermine the showpieces of California environmental
legislation, challenging the states efforts to legislate protection of
its air and the worlds climate.
Aggressively
anti-environmental
Last October attorneys from the Justice Department joined General
Motors and Daimler-Chrysler in their lawsuit to overturn Californias
historic Zero Emission Vehicle (ZEV) mandate, requiring car manufacturers in
the state to sell a certain number of zero-emission and advanced
technology ZEVs, such as hybrid gas-electric cars. The carmakers argued
that mandating hybrids -- since they burn traditional fuel -- amounted to a
regulation of fuel economy.
Federal regulations govern fuel economy. You cant have
states passing their own fuel economy laws, said Eron Shosteck, a
spokesperson for the Alliance of Automobile Manufacturers in Washington.
Justice Department lawyers filed an amicus brief with the federal
court in Fresno, supporting the automakers case. It was the first time
that any federal administration had ever challenged a California auto emissions
plan. The judge sided with the plaintiffs and enjoined the ZEV rules.
California has appealed to the 9th U.S. Circuit Court of Appeals.
California Attorney General Bill Lockyer criticized this buddying
up of the federal government with automakers, calling it the most egregious
trampling of states rights since Gen. Sherman marched through Georgia
during the Civil War. They are treating us like a hostile country,
he said. They are patently and aggressively anti-environmental.
Automakers plan to use the same argument they are using against
the zero emissions mandate to challenge Californias other
pathbreaking legislation on car emissions.
Last year, on July 22, California enacted legislation that for the
first time in any state called for reducing the amount of greenhouse gases
coming from the tailpipes of all passenger vehicles sold in the state, even the
beloved sports utility vehicles.
California Gov. Gray Davis touted this legislation, A.B. 1493, as
the first to enlist American drivers in the cause of reducing the harmful
effects of global warming. Davis said in an interview that he had hoped
Washington would take the lead in tackling global warming, but the worst
thing we could do in California is to do nothing.
Environmental groups claim the passing of this legislation after a
bitter fight was a clear victory for them over the auto and oil industries. The
new California law requires state air regulators to start a program by 2009
that would cut emissions from vehicles. California accounts for 13 percent of
the nations auto market.
Californias cutting-edge law on reducing emissions has
served as goad to bipartisan congressional legislation that would force Detroit
automakers and other industries nationwide to take steps to avert further
global warming.
The cap and trade bill proposed by Sen. John McCain,
R-Ariz., and Sen. Joe Lieberman, D-Conn., early this year would set an overall
national limit on the release of carbon dioxide and other greenhouse gases. It
would also set up a mandatory trading system in which companies that fail to
meet their reduction goals could buy credits from those that do. The
McCain-Lieberman bill calls for cutting emissions to 2000 levels by 2010 and to
1990 levels by 2016.
In reaction to this bipartisan initiative, the White House
immediately declared that the government must continue to study the issue
before enacting any policies around it, reminding lawmakers the administration
is on record as opposing any mandatory approaches to curbing greenhouse gas
emissions, recommending voluntary systems instead.
Regarding the federal intervention on behalf of the states
carmakers, California environmentalists notice the same ideological discrepancy
the states attorney general touched on.
The Bush administration talks until theyre blue in the
face about respecting state authority on environmental issues, said Drew
Caputo, an attorney with the Natural Resources Defense Council. When the
question is snowmobiles in Yellowstone or drilling in the Arctic National
Wildlife Refuge, the federal government argues theyre supporting what
locals want. In California, however, its the opposite. Basically their
position is, We respect state authority, but only when the state agrees
with the oil industry.
On the matter of renewing oil-drilling leases in coastal waters,
the Bush administrations policy in California is in sharp contrast to its
policy in Florida, where the presidents brother is governor, according to
Salon.coms technology writer Katharine Mieszkowski. Bush has
pledged $235 million to buy out oil leases in the coastal waters of Gov. Jeb
Bushs state, she said. But Bush owes nothing to California, a
state that not only went to Gore in 2000, but even eschewed the so-called Bush
effect that dominated the 2002 elections in other states, electing Democrats to
the states highest offices from governor to treasurer.
Assemblywoman Hannah-Beth Jackson, D-Santa Barbara, told
reporters: Bush is truly leading one of the greatest assaults on
environmental laws this country has ever seen. Pointing to the report
released in late January by the Natural Resources Defense Council, Jackson said
federal laws are weakening her states landmark environmental protections
with a speed and recklessness that is unprecedented.
These retrenchments also come at a time when Californias
budget deficit is as much as $34.6 billion, making it harder to fight back.
California has been the leader in developing environmental
solutions and testing them out, the Sierra Clubs Carl Pope told
NCR. Catalytic converters, hybrid cars, biologically reclaimed
wastewater, reliable wind-turbines, and closed loop toxic waste treatment were
all developed by companies striving to meet Californias environmental
standards. By trying to prevent California from advancing environmental
quality, the administration is trying to ensure there is no market and no
incentive for companies and engineers to continue to make progress and
innovate.
Pope pointed out that Bush first abandoned the federal effort to
develop better solutions. Then, fearing that if California demonstrates
to America how much better we could do, Americans in other states will demand
the same progress, the administration wants to take from the people of
California the right to protect themselves and their children.
The Bush administration defends its actions overall as good public
policy and an effort to develop a better balance between conservation and
reality-based economics.
Whats missing in this outcry from some environmental
groups, James Connaughton, chairman of the White House Council on
Environmental Quality, told NCR, is recognition of the wide
consensus around the country demanding policies that are sustainable and
responsible but also people-centered as well as protective of resources and
wildlife. We can, for example, have clean air without driving electricity rates
through the roof, making it hard for people to heat and light their homes. We
have to look at the whole picture, and then make policy that is
effective.
Many Californians disagree that these policies are environmentally
benign, saying that President Bush has sold out the national trust.
Under the radar
Whats insidious about this attack on Californias
environmental laws, Franciscan Br. Keith Warren, member of the Religious
Campaign for Forest Conservation, told NCR, is that its
under the radar. All the federal agencies have been captured and are run by
former captains of industry. In California, were incredulous, outraged.
We feel betrayed. Its far worse than we expected.
Warren, an expert on forestry practices and conservation, cited
Bushs Healthy Forests Initiative, an-nounced in August 2002,
after a summer of devastating fires in the drought-stricken West. This general
policy statement cleared the way for the shifts in forestry management taking
place in California. Bush is allowing more commercial logging nationwide in
order to prevent fires, claiming that a byproduct of logging is the clearing of
brush. The initiative also calls on curtailing the public input into forestry
decisions that has characterized most national forest plans in the last four
decades.
Part of the plan proposed for Californias national forests
even involves cutting on 180,000 acres in Lassen and Plumas National Forests in
Northern California to scientifically research the effects of
logging on the famous spotted owl, according to The Sacramento Bee.
Chad Hanson, director of the John Muir Project, a forest
conservationist group, told NCR: The feds can use this nifty
approach to justify anything. They can cut trees in Yellowstone to see what
effect it has on the grizzly bears, or devastate Alaska to see what happens to
the bald eagles.
The science used to justify the forestry policy changes
would be laughable if it wasnt so tragic, said Warren.
Its all about extraction and exploitation, not about maintaining
healthy ecosystems. Chainsaws and bulldozers are not appropriate in a national
monument. Its a sellout, not to mention a betrayal of campaign
promises.
Warren pointed out that environmental progress happens in fits and
starts necessarily. Under Clinton we were getting there step by
step, he said. But now this administration has turned its back on
sound science and the public good in order to plunder and exploit. Its
hard for me to believe the democratic process matters anymore when business is
always favored over sound ecological science and the public interest.
To undermine the good moral standards that support
Californias environmental safeguards and the American peoples
desire to save their natural treasures is plain wrong, Episcopal priest
Sally Bingham, environment minister at San Franciscos Grace Cathedral and
a registered Republican, told NCR. I heard that Karl Rove told
Bush he will never get the environmental vote, no matter what he does. And
California failed to support him in the election, so this is our reward.
Bingham said that Grace Cathedral had its largest gathering ever
during the Jan. 18 mass protest against the planned war on Iraq.
Environmentalists came to the cathedral to demonstrate against the
proposed war. It showed me how much the people in the pews are standing up to
be counted. It was the faith community that moved the civil rights movement
forward, and I think the same will happen with environmental matters in
California and beyond. These trees, beaches and wetlands can never be replaced.
We people of faith are meant to be caretakers, not despoilers.
David Brower, a native Californian and former director of the
Sierra Club, is famous for saying, We do not inherit the earth from our
fathers. Were borrowing it from our children. The words are
chiseled into stone at the National Aquarium in Washington. Brower also went on
to say, according to Californias Lockyer in a guest editorial,
Were not just borrowing from our children, were stealing from
them -- and its not even considered a crime.
About Bush versus Californias environmental laws and
regulations, Lockyer pledged to do whatever I can to prevent that kind of
theft from occurring.
Rich Heffern is NCR opinion editor. His e-mail address
is rheffern@natcath.org
Related Web Sites |
Alliance of Automobile
Manufacturers www.autoalliance.org
California Forestry
Association www.woodcom.com/woodcom/cfa
California Zero
Emission Vehicle
Program www.arb.ca.gov/msprog/zevprog/zevprog.htm
John Muir
Project www.johnmuirproject.org
Natural Resources Defense
Council www.nrdc.org
Religious Campaign for Forest
Conservation www.creationethics.org
Sierra
Club www.sierraclub.org
U.S. Forest
Service www.fs.fed.us
Sequoia National Forest/Giant Sequoia
National Monument www.r5.fs.fed.us/sequoia
White House Council
on Environmental Quality www.whitehouse.gov/ceq
Wilderness
Society www.wilderness.org |
National Catholic Reporter, March 14,
2003
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