Waxman Schedules Interviews with EPA StaffIt’s time for a EPA-chutzpah update.
Both Sen. Barbara Boxer (D-CA) and House sleuth Henry Waxman (D-CA) have set their sights on
EPA Administrator Stephen Johnson, who made the unprecedented and arbitrary decision (over the unanimous recommendation of the staff) to deny California’s petition to limit greenhouse gas emissions from cars and trucks. They both requested documents related to the decision. But Johnson is apparently having real trouble getting all those documents together.
In a letter today, Waxman noted that Johnson missed his first deadline (last Friday), and though his staff has responded by letter to Waxman’s request, they haven’t indicated when they’ll have those documents ready (there are “tens of thousands of emails and documents” responsive to his request, they plead). So Waxman has asked to work out a timeline.
In the meanwhile, he says that the committee will be interviewing a host of EPA employees about Johnson’s decision. If the reports are correct, all of them will be telling Waxman about how they told Johnson there was no legal justification for blocking California’s law and he overruled them anyway.
Johnson has a date next Thursday with Boxer’s Senate environment committee, but Waxman seems likely to wait until his interviews are done before he puts Johnson in the hot seat.
Waxman’s letter is below.
Dear Administrator Johnson:
On December 20, 2007, I wrote to request that you provide the Committee with documents relating to your decision to reject Californiaâs efforts to reduce greenhouse gas emissions. I requested that the documents be produced on a rolling schedule, starting on January 10 with responsive documents from your immediate office. On January 4 and January 11, 2008, your staff responded to my letter, but did not provide any documents.
I appreciate the efforts EPA is taking to collect responsive documents, but I am concerned about the failure of the agency to meet the Committeeâs January 10 deadline. I am also concerned that no schedules for document production are proposed in your letters.
In an effort to accommodate the agency without unduly delaying the Committeeâs investigation, I ask that your staff work with Committee staff to establish by the close of business on January 16 mutually agreeable deadlines for producing documents to the Committee.
The Committee will also be conducting transcribed interviews or depositions of agency staff who may have knowledge of the agencyâs deliberations. As a first step in this process, I request that a schedule be established by the close of business on January 16 for the interview or deposition of the following officials:
* Robert Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation
* Jason Burnett, Associate Deputy Administrator, Office of the Administrator
* Margo Oge, Director, Office of Transportation and Air Quality
* Karl Simon, Director, Compliance and Innovative Strategies Division, Office of Transportation and Air Quality
* Brian McLean, Director, Office of Atmospheric Programs
* Dina Kruger, Director, Climate Change Division, Office of Atmospheric Programs
* Rob Brenner, Director, Office of Program Analysis and ReviewIn prior investigations, the Committee has allowed counsel representing the agency to be present during transcribed interviews. In this case, since your own conduct is being examined, this accommodation would not be appropriate, although counsel employed by the agency may participate if they certify that their presence is as counsel for the witness. Attachments to this letter provide additional information about Committee interview and deposition procedures.
If you have any questions concerning this request, please have your staff contact Greg Dotson of the Committee staff at (202) 225-4407.
Sincerely,
Henry A. Waxman
Chairman
