Clean Air Act
Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.
In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, "alleging 7,880 air quality violations at three coal-burning power plants since 2009," according to the St. Louis Post-Dispatch.
Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed "multiple conflicts of interest." Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):
"Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible." [...] "By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.
This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability. An anonymous source "familiar" with this case, likely one of Holmstead's colleagues at Bracewell & Guiliani, has been attempting to spin this embarrassing dismissal to reporters at Bloomberg and E&E Publishing. Ameren claims the judge has no proof that Holmstead would use privileged information, ignoring the judge's reference that Holmstead himself said he would use information from "internal meetings" during his time at EPA.
Jeffrey R. Holmstead, a partner at Bracewell & Guiliani who represents coal mining and utility clients like Arch Coal, Duke Energy and Southern Company, spent four years as EPA's assistant administrator for Air and Radiation under President George W. Bush. His career is a dirty legacy of work against the public interest.
Holmstead's tenure at EPA was controversial all the way from his appointment, protested by U.S. Senators for his previous lobbying for coal companies, until his departure. He was caught censoring science within his office and single-handedly derailed a mercury pollution regulation that would have prevented thousands of premature deaths every year. Holmstead's interference blocked mercury pollution controls at U.S. coal plants for eight full years, as Greenpeace has documented, and confronted Holmstead directly for explanation.
While Ameren from his former government employer, Jeff Holmstead has been working to undermine the nation's first ever attempt to limit carbon pollution from U.S. power plants, misleading the public with fears that these rules will increase their utility bills. Holmstead has been repeatedly fact-checked on his conflation of electricity rates with people's bills, ignoring how energy efficiency measures are expected to lower bills over the long term, and also ignoring the immense costs of coal pollution to the public. Holmstead's office runs a front group called the Electric Reliability Coordinating Council (ERCC) to advocate for these polluters against climate and clean air rules, and representing ERCC, he has personally accompanied an Arch Coal lobbyist to the White House to undermine climate regulations.
Again, Greenpeace has directly sought answers from Mr. Holmstead on why he has dedicated his life to protecting companies that not only undermine science, but quite literally kill people as a regular part of their business operations:
It's nice to see a judge finally toss the fox out of the hen house. Jeff Holmstead says what he's paid to, and his clients make that money by polluting for free.
You're probably familiar with the old "fox in the hen house" story, but what about when a hen joins the fox den?
This is the case with the recent American Legislative Exchange Council (ALEC) meeting in Washington, DC. Leaked documents obtained by Greenpeace reveal that ALEC's anti-environmental jamboree was inundated with coal money and featured an Indiana regulator advising coal utilities on delaying US Environmental Protection Agency rules to control greenhouse gas emissions and hazardous air pollution.
At ALEC's coal-sponsored meeting, where state legislators and corporate representatives meet to create template state laws ranging from attacks on clean energy to privatization of public schools, Indiana's Commissioner of the Department of Environmental Management Tom Easterly laid out a plan to stall the US EPA global warming action in a power point clearly addressed to coal industry representatives at ALEC's meeting.
In a USB drive branded with the logo of the American Coalition for Clean Coal Electricity (ACCCE), a folder labeled "Easterly" contains a presentation titled "Easterly ALEC presentation 11 28 12" explaining current EPA air pollution rules and how Tom Easterly has worked to obstruct them. The power points is branded with the Indiana Department of Environmental Protection seal. In the latter presentation, Easterly ended his briefing to ALEC's dirty energy members with suggestions for delaying EPA regulation of greenhouse gas emissions at coal plants.
Easterly's presentation, which is posted on his Indiana Dept. of Environmental Mgmt commissioner webpage, even offered a template state resolution that would burden EPA with conducting a number of unnecessary cost benefit analyses (which the federal government has done through the Social Cost of Carbon analysis) in the process of controlling GHG emissions.
The template resolution Easterly presented to ALEC was created by the Environmental Council of States (ECOS), a group of state regulators that create template state resolutions similar to ALEC, often with overlapping agendas that benefit coal companies. ECOS has some questionable template state resolutions for an "Environmental" organization, including a resolution urging EPA not to classify coal ash as "hazardous." Although its less regulated than household trash, coal ash contains neurotoxins, carcinogens and radioactive elements and is stored in dangerous slurry "ponds" that can leak these dangerous toxins into our waterways.
Almost too predictably, ECOS' work is sponsored by the coal fronts like ACCCE and the Edison Electric Institute (EEI), both sponsors of the ALEC meeting where Easterly presented the ECOS model resolution. See clean air watchdog Frank O'Donnell's blog on ECOS for more.
Commissioner Tom Easterly's suggestion of burdening EPA with tasks beyond its responsibility is concerning, as is his ongoing campaign to discredit the science of global warming--something he doesn't have the scientific qualifications to do. To this end, the Indiana regulator fits nicely into the coal industry's long history of denying problems they don't want to be held accountable for and delaying solutions to those problems. The same processes applied to acid rain, a problem the coal industry also denied for years--check out Greenpeace's collection of Coal Ads: Decades of Deception.
Climate Science Denial at Indiana's Department of Environmental Management
Even before Indiana's top enforcer of federal and state environmental regulations was advising coal companies on how to continuing polluting our air and water, it appears that denial of basic climate science is the state's official position on global warming--Indiana's 2011 "State of the Environment" report rehashes tired climate denier arguments such as global temperature records having "no appreciable change since about 1998." (see why this is a lie) and referencing the "medieval warm period" as false proof that current temperature anomalies are normal (they aren't, see Skeptical Science for a proper debunking). Similar arguments have apparently been presented by the Indiana government to ALEC since 2008--the ACCCE USB drive contains another Indiana power point created in 2008 full of junk climate "science." This level of scientific illiteracy is concerning, especially for the regulatory body responsible for overseeing pollution controls for the coal industry.
Remember, this isn't the Heartland Institute. It's the State of Indiana....working with the Heartland Institute, a member of ALEC's anti-environmental task force that has been central in coordinating campaigns to deny global warming. See Commissioner Easterly's full presentation to ALEC on climate "science."
ALEC States & Nation Policy Summit 2012: brought to you by King Coal
- American Electric Power (AEP): the second largest coal utility in the U.S. now that Duke Energy and Progress Energy have merged.
- Peabody Energy: the world's largest private-sector coal mining company, known for its legacy of pollution and aggressive finance of climate change denial.
American Coalition for Clean Coal Electricity (ACCCE): a coal public relations front whose members include AEP, Peabody and other ALEC-member coal interests. ACCCE's new president is Mike Duncan, former Republican National Committee chairman and founding chairman of Karl Rove's American Crossroads. ACCCE spent over $12 million on advertising during the 2012 election to promote the fantasy of "clean coal." ACCCE reportedly spent $40 million on TV and radio ads during the 2008 election and over $16 million around the 2010 election. ACCCE was caught up in a scandal when a subcontractor forged letters on behalf of senior and civil rights groups urging members of Congress to oppose national climate legislation. For more, see ACCCE on PolluterWatch.
- Political spending since 2007: ACCCE spent over $22.3 million on federal lobbying, $10 million of which was spent in 2008 alone.
- Edison Electric Institute (EEI): the primary trade association for electric utility companies, whose members include AEP, Duke Energy and numerous other members of ALEC's energy/environment task force.
- National Rural Electric Cooperative Association (NRECA): NRECA is the top dirty energy money contributor to federal politicians, above heavyweights like Koch Industries and ExxonMobil. Composed of over 900 rural coal interests, NRECA is known for its staunch opposition to climate change policy.
$194 million: total federal lobbying expenditures from these groups since 2007
The collective millions spent on federal lobbying and politicians went a long way for these five coal interest groups. Their lobbying goals included weakening 2009 climate legislation and working to interfere with US EPA rules to reduce coal pollution or greenhouse gases.
All five of these groups have recently lobbied to prevent US EPA from controlling greenhouse gas emissions under the Clean Air Act. These five interests only represent a slice of the coal interests spending money in politics, and just a few players among many in the coal, oil, gas and chemical industries that dump millions of dollars into public relations campaigns telling us that climate change is not a problem.
Today at a well-attended energy forum hosted by Politico, I shed some light on the role of coal lobbyist Jeffrey Holmstead in blocking pollution reductions for his coal utility and mining clients after he said we can't "regulate our way to clean energy." Here's the video:
UPDATE 11/16: Holmstead was later confronted on camera by Gabe Elsner of the Checks and Balances Project after the disruption at the Politico forum. Watch Holmstead re-write the history of his attacks on mercury pollution laws:
As I waited inside for Mr. Holmstead to step on stage, members of Greenpeace's Climate Crime Unit stood outside handing out WANTED posters of both Holmstead and chief oil lobbyist Jack Gerard of the American Petroleum Institute, who was also present.
Jeff Holmstead, who is often quoted in newspapers as a former Air and Radiation Administrator for the George W. Bush Environmental Protection Agency or a "partner" (read: lobbyist) at Bracewell & Giuliani's corporate law firm here in DC, is rarely credited as an influence peddler for some of the most notorious polluters in the country.
Polluters like Duke Energy, Southern Company, and Arch coal are paying Holmstead's bills. These laggard coal-reliant companies are responsible for ecologically destructive coal mining and the carbon dioxide emissions that drive global climate change, not to mention a litany of dangerous pollutants.
Jeff Holmstead's job as their lobbyist is to delay any clean air rules, clean water rules or climate change laws that threaten the billions in profit these companies make by getting to pollute for free. Since he started officially working for them, his firm has been paid over $13.7 million dollars for the dirty work of Holmstead and his partners at Bracewell & Giuliani. He is the perfect example of the political revolving door: he was a coal lobbyist who was placed at the head of our government's clean air department before jumping back on the payroll of coal companies to dismantle the rules he was supposed to uphold. Here are some of
Holmstead's greatest polluter hits:
- Eight years of delay for mercury pollution controls at US power plants. As part of the George W. Bush EPA, Holmstead swapped out a technology-based solution to mercury emissions from coal plants with a rule that was later declared illegal by a US District Court. This bait-and-switch happened in December, 2003; it took the US EPA until Dec. 2011 to put the effective mercury rule back in place. EPA currently estimates that up to 11,000 people's lives could be saved each year by controlling mercury pollution--see EPA Factsheet.
- Led the Bush administration's "Clear Skies Initiative," a deceptively-titled name for a series of proposed air pollution laws that actually allowed for more coal pollution.
- Attacks on greenhouse gas regulations through the Clean Air Act: Holmstead was the infamous co-author behind the scenes of Senator Lisa Murkowski's "Dirty Air Act" in 2010.
- Ongoing attacks on pollution controls through ERCC front group: the "Electric Reliability Coordinating Council" is a coal industry front group run out of Holmstead's office. They have worked to block any regulation of poisonous coal ash, greenhouse gas emissions from coal and the mercury pollution controls that Holmstead already delayed for eight years.
- Work for a Koch front group that denied the existence of acid rain: "Citizens for the Environment" was a spinoff of the Koch-founded Citizens for a Sound Economy, which eventually became David Koch's Americans for Prosperity. Citizens for the Environment had no actual citizen membership, according to the New Yorker.
FOR MORE: See Jeff Holmstead's PolluterWatch profile.
“Mr. Holmstead, Southern Company and Duke Energy pay you to block those regulations. They pay you to block climate legislation. They don’t want clean energy. You need to be reported as the coal lobbyist that you are. When you were in the George W. Bush EPA you blocked mercury controls on power plants for eight years. Eight years—do you know how many thousands of people may have died as a result of that decision, Mr. Holmstead? You need to be held accountable for that. You need to be held accountable as a lobbyist for coal interests.” (click to return to top)
Updated Nov. 2012
Coal is dirty. Coal companies know this—utilities that burn the fossil fuel are willing to spend millions of dollars each year to undermine laws that cut back on coal pollution and protect public health. Vital in this dirty business are the lobbyists who are willing to ignore the massive external costs of coal and make a career peddling the coal industry’s continued grip on U.S. electricity production. In the recent history of the coal lobby, no single person has bought his clients as much delay on critical pollution controls, such as reducing mercury emissions, as Jeffrey R. Holmstead.
Currently working out of the Washington, DC headquarters of the lobbying firm Bracewell & Giuliani, Jeff Holmstead has jumped in and out of government positions in a continuous effort to block pollution controls at coal-fired power plants. Holmstead’s coal clients have doled out over $10.7 million dollars (UPDATE Nov. 2012: $13.7 million) to his firm since he joined in 2007, and a primary undertaking of Holmstead’s has been to block and weaken laws that cut back on mercury pollution from power plants. Coal and oil-burning power plants, which release tons of mercury pollution each year [PDF] in the U.S., have avoided any federal mercury protections, despite the Clean Air Act 1990 amendments. This is where Holmstead’s dirty legacy begins.
Jeffrey Holmstead’s formative experience manipulating clean air laws began in 1989 as associate counsel to President George H. W. Bush, where he was involved in “the key steps taken to implement” the 1990 Clean Air Act amendments, or as Clean Air Watch’s Frank O’Donnell puts it, he “tried to ‘interpret’ the rules in ways more favorable to industry.” In spite of Holmstead’s role, changes to the Clean Air Act through the 1990 amendments paved the way for requiring mercury controls at power plants and other facilities, but extensive scientific research and coal filibustering stalled EPA’s official endorsement of a strong utility mercury rule for a decade. By December, 2000, EPA finally ruled that it is “appropriate and necessary” to regulate mercury from power plants by installing high-standard technology across the board with a utility maximum achievable control technology rule (MACT) approach (What’s the Utility MACT?).
Jeff Holmstead was one of the coal lobby’s voices during the ten year delay leading to EPA’s decision to regulate mercury with a Utility MACT rule. After leaving the Bush Sr. administration in 1993, Holmstead joined Latham & Watkins, a beltway lobby firm. His clients at the time included two utility front groups [PDF]. One of Holmstead’s lobby clients, the Alliance for Constructive Air Policy [PDF] included large coal utilities [PDF] like American Electric Power, Cinergy, Wisconsin Electric and subsidiaries of Dynergy and Dominion. Holmstead remained a lobbyist at Latham & Watkins until 2001.
Fox in the Hen House
Jeffrey Holmstead put aside his official lobbying job for five years in order to take the opportunity of a lifetime for any polluter apologist. A top position within the George W. Bush administration’s Environmental Protection Agency (EPA) gave Holmstead unprecedented power to reward the industry clients he had been representing. Holmstead’s controversial appointment was blocked by Senators until staff from the Environment and Public Works Committee could review documents to investigate conflict of interest concerns. As a former industry lobbyist, his pending EPA appointment threatened to disrupt the development of Clean Air rules, and undermine ongoing efforts begun under the Clinton EPA to hold polluters accountable for their violations of the Clean Air Act. Sure enough, he dismantled those clean air rules, told Congress it wouldn’t affect the lawsuits despite internal warnings, and watched EPA turn its back on 70 suspected violation cases. One of Holmstead’s priority targets for evisceration was the mercury rule.
After years of scientific review, effective and available technology to reduce mercury pollution from power plants, and success in reducing mercury pollution through “maximum achievable control technology” (MACT) rules in other industries [PDF], Holmstead took steps to undo this progress. An EPA-sponsored Utility MACT Working Group composed of 29 experts from the utility industry, state and local air quality offices and environmental groups were confident that a Utility MACT rule, mandated under the Clean Air Act due to mercury’s toxicity, would be EPA’s approach to control mercury emissions from power plants. Instead, Holmstead and his adviser Bill Wehrum stopped the Utility MACT rule in its tracks, disbanding the working group suddenly in April, 2003. The Utility MACT Working Group was never reconvened under the Bush EPA. A few months after the working group was disbanded, the New York Times reported that EPA employees in Holmstead’s department were told “either not to analyze or not to release information about mercury, carbon dioxide and other air pollutants,” in order to be consistent with the Bush Administration’s unscientific political positions.
In 2004, Holmstead began shifting away from the legally-mandated Utility MACT rule by proposing less effective options for reducing mercury pollution at U.S. power plants. Drafting the new rules, Holmstead was caught borrowing language provided by his former lobbying firm employer, Latham & Watkins. Holmstead’s clients at Latham included two coal utility front groups, so he recognized that it didn’t look good when “at least a dozen paragraphs were lifted, sometimes verbatim, from the industry suggestions” and pasted into his regulatory proposals. A few months later, the New York Times uncovered disturbing details of censoring mercury science in Holmstead’s office: “The staff members deleted or modified information on mercury that employees of the [EPA] say was drawn largely from a 2000 report by the National Academy of Sciences that Congress had commissioned to settle the scientific debate about the risks of mercury.” Citing specific quotes of altered language, Jennifer Lee reported, “In some cases, White House staff members suggested phrasing that minimized the links between power plants and elevated levels of mercury in fish, the primary source from which Americans accumulate mercury in their bodies, in a form known as methlymercury.”
Holmstead Abandons the Utility MACT
The utility mercury rule Holmstead favored and admitted to initiating was a less stringent (in fact, illegal) cap and trade method under a different section of the Clean Air Act (subsection 111 instead of 112), which meant downgrading EPA’s opinion of mercury’s danger as a toxin. The cap and trade rule mirrored the Bush Administration’s absurdly-titled “Clear Skies Initiative” in Congress, a legislative assault on clean air laws designed under Holmstead’s lead. Clear Skies was a priority of the Bush Administration, but was picked apart by environmental groups and the National Academy of Sciences for weakening Clean Air Act pollution standards. EPA employees claimed even Holmstead acknowledged the Clear Skies Initiative was inferior compared to stronger legislation in the Senate, wondering out loud, “How do we justify Clear Skies if this gets out?”
Mercury regulation under the Clear Skies Initiative would have been less effective than the technology-based Utility MACT because cap and trade is designed to bring down geographically widespread emissions of a substance. While this approach can be effective for emissions that don’t have a dangerous local impact (such as carbon dioxide), mercury is known to accumulate locally. Under a cap and trade rule, dirtier power plants would buy credits to release more mercury from plants with lower emissions, and communities around the dirtier facilities could face greater health risks. Concern over these mercury “hot spots” was dismissed by Holmstead, but higher mercury concentrations were later confirmed in a study on the U.S. Atlantic Coast. Additionally, the Associated Press reported that EPA knew of the existence of hot spots in a censored internal report.
Holmstead’s reputation for repeatedly censoring inconvenient scientific data and watering down regulatory language was again demonstrated in 2005 by multiple offenses. In March 2005, the Government Accountability Office (GAO) criticized EPA’s lack of transparency in creating a new mercury rule, saying Holmstead’s cap and trade method should have been considered a “last-resort option.” The GAO statements followed an EPA Inspector general report concluding that “agency scientists had been pressured to back the approach preferred by industry” in re-creating mercury regulations.
A month later, Holmstead’s office was caught smothering a crucial report commissioned for EPA by the Harvard Center for Risk Assessment as a cost benefit analysis of mercury regulation. The Associated Press revealed how the agency claimed a national benefit of $50 million when the smothered report actually indicated benefits of up to five billion dollars nationwide for larger cuts in emissions, as the Utility MACT rule was poised to do before Holmstead intervened. The Harvard report sat on EPA’s shelf for over a year before AP broke the story.
Ignorance is Bliss
The overwhelming evidence in favor of a strong Utility MACT mercury rule led the Clinton administration EPA to conclude that a cap and trade alternative was not legally supportable. Comparing the favorable and legally-required Utility MACT mercury controls with Holmstead’s cap and trade proposal, the Washington Post’s Eric Pianin explained, “Under the administration’s approach, utilities would have until 2018 to cut [mercury, sulfur dioxide and nitrogen oxide] emissions by 70 percent. By comparison, the EPA working group considered various approaches that would cut mercury pollution by 35 percent to 93 percent within three to four years.” Instead of reducing utility mercury pollution to as low as 5 tons per year in 2008, Holmstead’s plan would only drop emissions to 15 tons annually by 2018. In other words, Holmstead pushed for a ten year delay that ultimately allowed three times the mercury pollution than the Utility MACT he blocked [Heinzerling & Steinzor, p.11].
Jeffrey Holmstead shrugged off the criticism and pushed ahead with his efforts to dismantle effective mercury controls. Holmstead’s office had dragged its feet by vaguely studying both the MACT and cap and trade methods. Lisa Heinzerling explained at the time how EPA “ties itself in knots trying to explain how the law allows it to promulgate either of these diametrically opposed options” [Heinzerling & Steinzor, p.9]. Despite a request from 45 Senators to use the appropriate Utility MACT rule, Holmstead later dropped the method altogether, overstepping EPA Administrator Michael Leavitt. EPA officially issued Holmstead’s mercury rule on March 15, 2005.
At this point, certain states and environmental groups sued EPA to force a return to the legally mandated Utility MACT rule. This was achieved three years later in a 2008 DC Circuit Court ruling supporting the Clinton EPA’s December, 2000 decision to reduce mercury air pollution from coal and oil utilities using a MACT rule. The court’s scathing conclusion cited Lewis Carroll’s Alice in Wonderland, stating [PDF] that the Bush EPA’s “explanation deploys the logic of the Queen of Hearts, substituting EPA’s desires for the plain text of section 112(c)(9),” the section of the Clean Air Act requiring MACT controls for power plant mercury emissions.
The original Utility MACT rule that Holmstead replaced should have been fully implemented by 2008. As of 2011, EPA expects full implementation by 2016.
Accounting for all the delay, Holmstead’s interference has blocked serious reductions in power plant mercury pollution for eight years, assuming no further delays by the coal industry. Unfortunately, that may not be a safe assumption.
Back in King Coal’s Court
Jeffrey Holmstead spent over four years as EPA’s assistant administrator of Air and Radiation, longer than anyone else in that position to date. In late 2006, after taking a year off, Holmstead joined the lobbying firm Bracewell & Giuliani (B&G). B&G has a notably anti-environmental legacy, lobbying for major corporate polluters and defending white-collar criminals in cases of federal enforcement lawsuits. When asked to explain his blatant revolving door career--leaving EPA to lobby for industry clients--Holmstead said, “I, I'm not sure why, uh, people have tried to make something of that. But people have to have jobs. And that's the way it works.”
Since joining Bracewell & Giuliani, Jeff Holmstead has had a total of 16 clients. All but four of those clients were coal utilities, mining companies, or trade associations (and one of those four was CSX, a railroad company that is the largest coal shipper east of the Mississippi). Holmstead’s coal interest clients have paid Bracewell & Giuliani over $13.7 million since he joined the firm. In 2011, only one of Holmstead’s ten clients was not a coal company. With the coal industry’s money, Holmstead and other Bracewell lobbyists fought for the industry’s assumed right to unlimited mercury pollution and resisted other rules to protect Americans from coal industry pollution. A recent MJ Bradley report [PDF] found that eleven of the top fifteen U.S. utility companies have long anticipated recent clean air rules and taken steps to prepare. Two of the four laggard companies were Southern Company and Energy Future Holdings, both current Holmstead clients.
Southern Company made two billion dollars last year in profits alone. Southern and other coal utilities invest millions of dollars into subverting regulations. Assistance from Holmstead and other polluter lobbyists at Bracewell & Giuliani costs Southern $120,000 in annual lobbying fees, part of Southern’s $8 million lobbying budget. In addition, Southern is represented by the Electric Reliability Coordinating Council, a coal industry front group run out of Bracewell’s office in Washington, DC. At a November, 2011 meeting with the White House Office of Management and Budget, Holmstead was present with Bracewell lobbyist and ERCC director Scott Segal (who requested the meeting), three representatives of Southern Company, and a lobbyist from Duke Energy. Duke and other major coal utility clients work with Holmstead, his firm and ERCC in the same fashion that Southern Company does.
Many of Jeff Holmstead’s current clients were recently named among the top mercury polluters in the coal utility sector, the largest source of mercury pollution in the U.S. Of the 25 companies listed as 2010's biggest mercury polluters (see Environment America report [PDF]), at least 9 are represented by Holmstead. Luminant, a wholly-owned subsidiary of Energy Future Holdings, and Southern Company rank 2nd and 3rd, respectively, releasing over 4,000 pounds of airborn mercury each. Other Holmstead clients on the list are Ameren (#4), GenOn (#7), DTE Energy (#11), Duke Energy (#12), Salt River Project (#20) and Progress Energy (#22). FirstEnergy (ranked #16 in the report), is a suspected member of the Electric Reliability Coordinating Council, or ERCC -- the coal front group managed by coal lobbyists in Bracewell’s DC lobbying office. ERCC itself is a Holmstead lobbying client. Although ERCC refuses to reveal its member companies, several confirmed or suspected members overlap with several of Holmstead clients: Southern Co., Duke Energy, Progress Energy, Energy Future Holdings, and Salt River Project [Drew & Oppel, Jr.].
Doublespeak and Deception
While working full time for polluters at Bracewell & Giuliani, Jeffrey Holmstead’s statements on mercury’s toxic potency directly contradict some of his statements while at EPA. In office, Holmstead at least acknowledged the danger of mercury from power plants. The Natural Resources Defense Council flagged an unbroken quote from May 2002 Congressional testimony, where Holmstead recognized that “mercury is a potent toxin that causes permanent damage to the brain and nervous system,” that “mercury exposure comes through eating contaminated fish,” and that “power generation is now the largest uncontrolled source of mercury emissions.” In stark contrast, Holmstead claimed in a June, 2011 debate, “It is pretty hard to say that [mercury from coal-fired power plants] is a significant public health issue.” Each year, EPA’s mercury rule is expected to prevent 4,200-11,000 premature deaths, along with thousands of cases of chronic bronchitis, heart attacks, and other health problems [PDF].
It takes a special talent to lobby against public health in favor of corporate profit. Part of Holmstead’s proficiency in peddling coal’s delay and deny strategy is to avoid an honest discussion of the immense impacts the burning coal has on public health and the environment, and instead focus on misleading cost benefit analyses. This dark talent is likely the reason Holmstead was named as one of several George W. Bush administration officials now advising Mitt Romney’s presidential campaign on energy issues. Holmstead also aided Romney during his 2008 campaign.
While the focus of this cautionary tale is how Jeff Holmstead has obstructed effective methods of reducing mercury pollution from coal plants, unlimited mercury pollution is only one dangerous privilege that Holmstead has defended for his coal clients. Holmstead’s full history includes parallel efforts to block or weaken other EPA rules. While at EPA, Holmstead attacked New Source Review rules, which require pollution controls when new industrial facilities are built or old ones are upgraded. And as for reducing industry greenhouse gas emissions that fuel global climate change, EPA air chief Holmstead stated in 2005, “the idea that there would be mandatory, you know, carbon regulation is just something that we don’t support.” In his time as a lobbyist at Bracewell & Giuliani, Holmstead was implicated in a 2010 scandal revealing that he and another former Bush EPA official-turned-lobbyist ghostwrote a legislative amendment for Senator Lisa Murkowski (I-AK) that would have undermined the Clean Air Act’s provision to control climate-altering greenhouse gases from major emitters. Sen. Murkowski has received over $380,000 from coal interests from 1999-2011, with $65,000 from Holmstead coal clients in the specific years he has worked for them. In 2011, Sen. Murkowski wrote letters and threatened legislative action to further delay implementation of EPA’s mercury rule.
At present, the U.S. Environmental Protection Agency estimates [PDF] that finally completing and implementing a Utility MACT mercury rule will prevent up to 11,000 premature deaths per year, along with other enormous health benefits, by the time the rule is fully implemented.
Jeff Holmstead’s sabotage of the rulemaking process at EPA has caused eight years of delay, delay where Americans have continued to suffer from the impacts of pollution from coal fired power plants. The implications of the amount of lives that could have been saved in this eight-year timeframe is staggering: tens of thousands of people have likely been unnecessarily killed by coal pollution because of the delay. Instead of being held accountable, Holmstead continues to make a killing as the coal industry’s mercury lobbyist.
*What's the Utility MACT? (back up to report)
The Clinton EPA, recognizing the danger of mercury and certain other hazardous air pollutants, chose the “maximum achievable control technology” (MACT) method for controlling dangerous pollution at power plants. The Utility MACT requires plant-by-plant controls to greatly reduce air emissions of mercury using attainable but top-notch technology. While utilities still haven’t been made to comply with a MACT rule, similar rules for incinerator industries have shown over 95% reductions in mercury pollution [PDF] over a 15-year period. Without any regulation, coal- and oil-burning utilities managed only 10% voluntary reductions of mercury pollution over the same time. Coal and oil burning electric utilities are the top source of manmade mercury pollution in the United States.
Environmental Law Reporter:
Lisa Heinzerling & Rena I. Steinzor, Environmental Law Reporter, News & Analysis, “A Perfect Storm: Mercury and the Bush Administration,” part 1 of 2, April, 2004.
Lisa Heinzerling & Rena I. Steinzor, Environmental Law Reporter, News & Analysis, "A Perfect Storm: Mercury and the Bush Administration, Part II" part 2 of 2, June, 2004.
New York Times:
Neela Banerjee, "Files Detail Debate in E.P.A. on Clean Air," New York Times, March 21, 2002.
Katharine Q. Seelye, "White House Rejected a Stronger E.P.A. Alternative to the President's Clear Skies Plan," New York Times, April 28, 2002.
Jeffrey R. Holmstead, "Emissions Trading," Letter to the Editor, New York Times, June 7, 2002, obtained through ProQuest.
Jennifer 8. Lee, "Committee Approves E.P.A. Nominee, Setting Up Floor Fight," New York Times, October 16, 2003.
Jennifer 8. Lee, “White House Minimized the Risks of Proposed Mercury Rules, Scientists Say,” New York Times, April 7, 2004. (back to text)
Jennifer 8. Lee, "Critics Say E.P.A. Won't Analyze Clean Air Proposals Conflicting with President's Policies," New York Times, July 14, 2003.
Jennifer 8. Lee, "New Policy on Mercury Pollution Was Rejected by Clinton E.P.A." New York Times, December 16, 2003.
Christopher Drew and Richard A. Oppel, Jr., “Air War -- Remaking Energy Policy; How Power Lobby Won Battle Of Pollution Control at E.P.A.” New York Times, March 6, 2004. (back to text)
Michael Janofsky, "Inspector General Says E.P.A. Rule Aids Polluters," New York Times, October 1, 2004.
"Dubious Choices," Editorial, New York Times, April 24, 2006.
Eric Pianin, "EPA Announces 'Cap and Trade' Plan to Cut Mercury Pollution; Agency Bowed to Utility Industry Pressure, Critics Charge," Washington Post, p. A35, December 16, 2003. Obtained through ProQuest.
Guy Gugliotta & Eric Pianin, "EPA Withholds Air Pollution Analysis; Senate Plan Found More Effective, Slightly More Costly than Bush Proposal," Washington Post, p. A03, July 1, 2003. Obtained through ProQuest.
Guy Gugliotta & Eric Pianin, "EPA Issues Rosier 'Clear Skies' Analysis, Based on New Model; Agency Denies Hiding Data on Rival Bill," Washington Post, p. A06, July 2, 2003. Obtained through ProQuest, available on High Beam.
Eric Pianin, "Report Cites 10 States' Mercury Pollution; Envrionmental Advocacy Group Uses EPA Data to Pinpoint 'Hot Spots'," Washington Post, p. A02, December 10, 2003. Obtained through ProQuest, available at Environmental Defense Fund [PDF].
Eric Pianin, "Proposed Mercury Rules Bear Industry Mark; EPA Language Similar to that in Memos from Law Firm Representing Utilities," Washington Post, p. A04, January 31, 2004.
Juliet Williams, "List of states suing federal government over mercury regulations rises to 10," Associated Press, April 12, 2005. Obtained through ProQuest.
John Heilprin, "Internal EPA study finds higher benefits from curbing mercury pollution," Associated Press, April 29, 2005. Obtained through ProQuest, available through Google News.
Frank O'Donnell, Blog for Clean Air, Clean Air Watch. A site search for "Holmstead" reveals numerous accounts over the years.
"Resolved: EPA's Utility MACT is the right tool at the right time," filmed debate, Environmental Law Institute, June 7, 2011.
Meg Kinnard, "EPA's Holmstead: Emissions Trading Program Works," Insider Interview, National Journal, February 5, 2003.
A report by Public Citizen entitled EPA’s Smoke Screen details how Congress was given false information while campaign contributions and political connections gutted a key Clean Air rule. The Report mentions John Pemberton, a former EPA Chief of Staff who went to work for Southern Company just one week after his office ruled in favor of relaxing pollution controls on the energy company. The ruling effectively repealed the Clean Air Act's "new source review," which requires companies to install modern pollution control technologies in new plants and in old plants when they make modifications that significantly increase pollution.
John Pemberton, currently an influence peddler for Southern Company, was once a key player in utility regulation at the EPA. From 2001-2003 he served as chief of staff for the Environmental Protection Agency’s Office of Air and Radiation where he helped manage the office’s efforts on several utility-related policy issues. A week after effectively repealing the Clean Air Act's "new source review" provision, which requires companies to install modern pollution control technologies in new plants and in old plants when they make modifications that significantly increase pollution, he resigned. He then joined Southern Company as a lobbyist, proving that there was a high level of collusion between Southern Company - one of the top five carbon emitters in the world - and influential members of EPA.
This kind of blatant revolving door politics can only be described as corruption.
The American Petroleum Institute is so bent on protecting the pollution industry that it is willing to cast public health aside in favor of saving a buck.
Politico's Morning Energy today reported that API and the Manufacturers Alliance are complaining about EPA moves to strengthen the Clean Air Act's standards, which must be based solely on heath considerations, according to the Supreme Court. For API to speak out against an improved Clean Air Act shows a callous disregard for those who have been sickened or killed from pollution-induced health problems, such as asthma or heart failure.
Politico's Josh Voorhees wrote,
"The Manufacturers Alliance’s Donald Norman and API’s Howard Feldman will warn that the agency’s regulations would be too expensive for industry and put almost the entire country into nonattainment for federal air quality limits, including rural areas where no one lives. EPA’s rules are due in mid- to late October."
In a blog response, the National Resources Defense Council notes that the industry's typical "economic disaster" prophesy is likely blown out of proportion, as such economic scare-claims [pdf] over environmental regulation have historically been.
If you don’t have the pleasure of reading the periodical missives from Bracewell & Giuliani polluter hack Frank Maisano, you are really missing something. This week’s installment contained the usual spin and terrible jokes but also a special defense of his friend and colleague Jeffrey Holmstead. What for, you ask? Well if you listen to Maisano explain it, Holmstead was simply offering “legislative support activities,” including “writing an amendment to prevent funding,” which he says, is “not rocket science.”
Maisano's full explanation follows:
As well, for those of you still paying attention to the legislative support activities of my friend Jeff Holmstead, let me just suggest that we put this to rest. For one, writing an amendment to prevent funding is not rocket science and it has been done a million times. Secondly, understanding the implications on the CAA of such a move is something you probably ought to ask – oh, I don't know – clean air act experts. And finally, does anybody really believe the enviro community wasn't consulted by Sens. Kerry and Boxer as they wrote their 900-plus page LEGISLATION. As for the calls for ethics investigations and donation returns, it is just a political "talking point" for enviros attempting to rally against Murkowski's reasonably popular idea to limit the regulation of CO2 by EPA. By the way as my colleague Scott Segal points out below, enviros donate 94% to Democrats, while utilities are pretty much split (51R-49 D).
A few interesting things from Maisano's take on this issue:
- Is Maisano admitting what Murkowski, Holmstead and Martella have repeatedly denied, that the lobbyists wrote the legislation themselves, as has been done "a million times?" And if it isn't rocket science, why wasn't Murkowski capable of doing it herself? Do Alaskans even need a Senator if any coal lobbyist off the street can walk in and write legislation?
- Calling Holmstead and Martella "Clean Air Act experts" is like praising demolition men for their understanding of building architecture. Sure they understand the Clean Air Act, but only because they have spent years helping Bush and now coal and oil tycoons undermine and circumvent that law. The larger question of course is did Murkowski ask them, or did they ask her to submit the legislation on behalf of her largest contributors?
- Finally, equating Murkowski, Holmstead and Martella's actions with those of the environmental community or any other ethical lobbyists is disingenuous to say the least. Advising a member of Congress of your constituency's opinion on a particular piece of legislation is an act far apart from writing the legislation yourself, hosting conference calls at a Senator's invitation to solicit support for the legislation and directing your clients to donate to that Senator's campaign as the legislation is being finalized. Frank Maisano makes an admirable attempt to make up for his friends' actions on the Murkowski amendment but his spin simply falls short.
The truth in Maisano's missive is that this activity is very likely commonplace. It is not difficult to believe that this is the first time that Holmstead and Martella have crafted legislation on behalf of a polluting client to be introduced by a cooperative member of Congress. Such is life in the sewer of American politics that dirty industry lobbyists can push legislation through a friendly Senator by simply contributing to her campaign. Unfortunately for Maisano, he's been swimming in that sewer for so long he doesn't seem to know how badly it stinks.
Senator Lisa Murkowski (R-Alaska) has received a lot of negative attention recently for her plans to introduce an amendment written by two lobbyists for the polluter industry and former Bush administration officials to benefit their clients and block the Environmental Protection Agency from regulating greenhouse gasses from coal plants and other dirty sources.
Several organizations, including PolluterWatch, Greenpeace and the Center for Responsibility and Ethics in Washington, exposed Murkowski's relationship with these polluter lobbyists and unveiled a history of corporate campaign cash being steered from Holmstead's and Martella's client pool Murkowski and several other Senators who are either supporting the legislation or considering jumping on board soon. PolluterWatch is still awaiting a response to our request that the Senate Ethics Committee open an investigation into the inappropriate role that these lobbyists played in drafting this legislation.
Murkowski is expected to announce today whether to go full steam ahead with her lobbyist-written Dirty Air Act or swap it out for some other way of expressing her gratitude to coal and oil companies for helping her do her job and of course for the campaign cash. Please call Lisa Murkowski today at 202-224-6665, and tell her to dump the Dirty Air Act and get to work on legislation that will create new, clean energy jobs for Americans who want to secure our nation and get our economy back on track.