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(This is the 2nd anniversary of the secret meetings by VP Cheney and the White House to develop national energy policies)-Ed.
"Instead of the traditional second anniversary gift of cotton, the Bush
Administration is giving billions of dollars to polluting industries and
Americans get energy market manipulation, more pollution for our land, air
and water, and increased dependence on oil," said Debbie Boger, Sierra
Club's Washington Representative for Global Warming and Energy.
Every American deserves a safe, clean, and affordable energy future.
Fortunately, the technology exists to get us there. But the Bush
Administration and Congressional leadership are taking us down the wrong
path with a destructive, expensive, and polluting energy bill. Much of the
bill stems from the Bush Administration's Energy Task Force plan, announced
two years ago and developed in secret with the help of energy industry
officials. Below is an update on the Sierra Club lawsuit to make public
information about those closed-door meetings.
The Cheney Energy Task Force: On January 29, 2001 President Bush
established the National Energy Policy Development Group, better known as
the "Cheney Energy Task Force." Formally, the Energy Task Force included
the Vice President and the Secretaries of Energy, Commerce, Interior,
Transportation, Agriculture, Treasury, and the EPA Administrator. According
to media accounts, energy industry leaders extensively participated in the
Task Force. As a result, the Energy Policy heavily favors these
industries; indeed, some parts of the Policy expressly mimic industry
proposals. On May 16, 2001 the Task Force issued its recommendations for a
"National Energy Policy" and Congress is now considering an Energy Bill
based on these proposals.
Latest Appeal in Sierra Club suit heard on April 17, Decision Expected in
the Next Few Weeks: Sierra Club is suing Vice President Cheney and the
Energy Task Force under the Federal Advisory Committee Act (FACA). The
group seeks an accounting of energy industry participation in crafting the
Bush Administration's destructive energy policy, which relies on subsidies
to polluting and outdated fossil fuel industries. Last year, the District
Court ordered the Bush Administration to provide information about
participation from these industries, which the Bush Administration refused
to do, claiming Constitutional immunity from such inquiries. The District
Court rejected that contention, pointing out that the Administration was
attempting to "cloak what is tantamount to an aggrandizement of Executive
power with the legitimacy of precedent where none exists." The
Administration appealed and is now asking the D.C. Circuit to make new law
that would effectively shield it from any legal scrutiny. At a hearing
for the D.C. Circuit court, the panel of judges chastised the Bush
Administration's defense. Judge Harry T. Edwards told the Administration's
lawyers, "You pretend there's no law on the books," and "You have no case."
A decision for the court is expected within a few weeks.
The Federal Advisory Committee Act (FACA): Congress enacted FACA to
regulate precisely this sort of special interest influence over government
policy. FACA requires advisory committees to open their meetings and
records to the public. If Sierra Club prevails, the Administration will
have to disclose extensive information about Task Force membership, actions
and records. With Court approval, Sierra Club has asked for information
about energy industry participation in the Task Force. The Bush
Administration point-blank refused to respond, arguing instead that the
Constitution categorically prohibits such inquiries. When the District
Court rejected this argument, the Administration brought this appeal.
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