Crimes Against Nature
Bush is sabotaging the laws that have protected America's environment for more than thirty years
By Robert F. Kennedy Jr.
George W. Bush will go down in history as America's worst environmental president. In a ferocious three-year attack, the Bush administration has initiated more than 200 major rollbacks of America's environmental laws, weakening the protection of our country's air, water, public lands and wildlife. Cloaked in meticulously crafted language designed to deceive the public, the administration intends to eliminate the nation's most important environmental laws by the end of the year. Under the guidance of Republican pollster Frank Luntz, the Bush White House has actively hidden its anti-environmental program behind deceptive rhetoric, telegenic spokespeople, secrecy and the intimidation of scientists and bureaucrats. The Bush attack was not entirely unexpected. George W. Bush had the grimmest environmental record of any governor during his tenure in Texas. Texas became number one in air and water pollution and in the release of toxic chemicals. In his six years in Austin, he championed a short-term pollution-based prosperity, which enriched his political contributors and corporate cronies by lowering the quality of life for everyone else. Now President Bush is set to do the same to America. After three years, his policies are already bearing fruit, diminishing standards of living for millions of Americans.
I am angry both as a citizen and a father. Three of my sons have asthma, and I watch them struggle to breathe on bad-air days. And they're comparatively lucky: One in four African-American children in New York shares this affliction; their suffering is often unrelieved because they lack the insurance and high-quality health care that keep my sons alive. My kids are among the millions of Americans who cannot enjoy the seminal American experience of fishing locally with their dad and eating their catch. Most freshwater fish in New York and all in Connecticut are now under consumption advisories. A main source of mercury pollution in America, as well as asthma-provoking ozone and particulates, is the coal-burning power plants that President Bush recently excused from complying with the Clean Air Act.
Furthermore, the deadly addiction to fossil fuels that White House policies encourage has squandered our treasury, entangled us in foreign wars, diminished our international prestige, made us a target for terrorist attacks and increased our reliance on petty Middle Eastern dictators who despise democracy and are hated by their own people.
When the Republican right managed to install George W. Bush as president in 2000, movement leaders once again set about doing what they had attempted to do since the Reagan years: eviscerate the infrastructure of laws and regulations that protect the environment. For twenty-five years it has been like the zombie that keeps coming back from the grave.
The attacks began on Inauguration Day, when President Bush's chief of staff and former General Motors lobbyist Andrew Card quietly initiated a moratorium on all recently adopted regulations. Since then, the White House has enlisted every federal agency that oversees environmental programs in a coordinated effort to relax rules aimed at the oil, coal, logging, mining and chemical industries as well as automakers, real estate developers, corporate agribusiness and other industries.
Bush's Environmental Protection Agency has halted work on sixty-two environmental standards, the Food and Drug Administration has stopped work on fifty-seven standards. The EPA completed just two major rules -- both under court order and both watered down at industry request -- compared to twenty-three completed by the Clinton administration and fourteen by the Bush Sr. administration in their first two years.
This onslaught is being coordinated through the White House Office of Management and Budget -- or, more precisely, OMB's Office of Information and Regulatory Affairs, under the direction of John Graham, the engine-room mechanic of the Bush stealth strategy. Graham's specialty is promoting changes in scientific and economic assumptions that underlie government regulations -- such as recalculating cost-benefit analyses to favor polluters. Before coming to the White House, Graham was the founding director of the Harvard Center for Risk Analysis, where he received funding from America's champion corporate polluters: Dow Chemical, DuPont, Monsanto, Alcoa, Exxon, General Electric and General Motors.
Under the White House's guidance, the very agencies entrusted to protect Americans from polluters are laboring to destroy environmental laws. Or they've simply stopped enforcing them. Penalties imposed for environmental violations have plummeted under Bush. The EPA has proposed eliminating 270 enforcement staffers, which would drop staff levels to the lowest level ever. Inspections of polluting businesses have dipped fifteen percent. Criminal cases referred for federal prosecution have dropped forty percent. The EPA measures its success by the amount of pollution reduced or prevented as a result of its own actions. Last year, the EPA's two most senior career enforcement officials resigned after decades of service. They cited the administration's refusal to carry out environmental laws.
The White House has masked its attacks with euphemisms that would have embarrassed George Orwell. George W. Bush's "Healthy Forests" initiative promotes destructive logging of old-growth forests. His "Clear Skies" program, which repealed key provisions of the Clean Air Act, allows more emissions. The administration uses misleading code words such as streamlining or reforming instead of weakening, and thinning instead of logging.
In a March 2003 memo to Republican leadership, pollster Frank Luntz frankly outlined the White House strategy on energy and the environment: "The environment is probably the single issue on which Republicans in general and President Bush in particular are most vulnerable," he wrote, cautioning that the public views Republicans as being "in the pockets of corporate fat cats who rub their hands together and chuckle maniacally as they plot to pollute America for fun and profit." Luntz warned, "Not only do we risk losing the swing vote, but our suburban female base could abandon us as well." He recommended that Republicans don the sheep's clothing of environmental rhetoric while dismantling environmental laws.
I prosecute polluters on behalf of the Natural Resources Defense Council, Riverkeeper and Waterkeeper Alliance. As George W. Bush began his presidency, I was involved in litigation against the factory-pork industry, which is a large source of air and water pollution in America. Corporate pork factories cannot produce more efficiently than traditional family farmers without violating several federal environmental statutes. Industrial farms illegally dump millions of tons of untreated fecal and toxic waste onto land and into the air and water. Factory farms have contaminated hundreds of miles of waterways, put tens of thousands of family farmers and fishermen out of work, killed billions of fish, sickened consumers and subjected millions of farm animals to unspeakable cruelty.
On behalf of several farm groups and fishermen, we sued Smithfield Foods and won a decision that suggested that almost all of American factory farms were violating the Clean Water Act. The Clinton EPA had also brought its own parallel suits addressing chronic air and water violations by hog factories. But almost immediately after taking office, the Bush administration ordered the EPA to halt its Clean Air Act investigations of animal factories and weaken the water rules to allow them to continue polluting indefinitely.
Several of my other national cases were similarly derailed. Eleven years ago, I sued the EPA to stop massive fish kills at power plants. Using antiquated technology, power plants often suck up the entire fresh water volume of large rivers, killing obscene numbers of fish. Just one facility, the Salem nuclear plant in New Jersey, kills more than 3 billion Delaware River fish each year, according to Martin Marietta, the plant's own consultant. These fish kills are illegal, and in 2001 we finally won our case. A federal judge ordered the EPA to issue regulations restricting power-plant fish kills. But soon after President Bush's inauguration, the administration replaced the proposed new rule with clever regulations designed to allow the slaughter to continue unabated. The new administration also trumped court decisions that would have enforced greater degrees of wetlands protection and forbidden coal moguls from blasting off whole mountaintops to get at the coal beneath.
The fishermen I represent are traditionally Republican. But, without exception, they see this administration as the largest threat not just to their livelihoods but to their values and their idea of what it means to be American. "Why," they'll ask, "is the president allowing coal, oil, power and automotive interests to fix the game?"
Back to the Dark Ages
George w. Bush seems to be trying to take us all the way back to the Dark Ages by undermining the very principles of our environmental rights, which civilized nations have always recognized. Ancient Rome's Code of Justinian guaranteed the use to all citizens of the "public trust" or commons -- those shared resources that cannot be reduced to private property -- the air, flowing water, public lands, wandering animals, fisheries, wetlands and aquifers.
When Roman law broke down in Europe during the Dark Ages, feudal kings began to privatize the commons. In the early thirteenth century, when King John also attempted to sell off England's fisheries and erect navigational tolls on the Thames, his subjects rose up and confronted him at Runnymede, forcing him to sign the Magna Carta, which includes provisions guaranteeing the rights of free access to fisheries and waters.
Clean-air laws in England, passed in the fourteenth century, made it a capital offense to burn coal in London, and violators were executed for the crime. These "public trust" rights to unspoiled air, water and wildlife descended to the people of the United States following the American Revolution. Until 1870, a factory releasing even small amounts of smoke onto public or private property was operating illegally.
But during the Gilded Age, when the corporate robber barons captured the political and judicial systems, those rights were stolen from the American people. As the Industrial Revolution morphed into the postwar industrial boom, Americans found themselves paying a high price for the resulting pollution. The wake-up call came in the late Sixties, when Lake Erie was declared dead and Cleveland's Cuyahoga River exploded in colossal infernos.
In 1970, more than 20 million Americans took to the streets protesting the state of the environment on the first Earth Day. Whether they knew it or not, they were demanding a return of ancient rights.
During the next few years, Congress passed twenty-eight major environmental statutes, including the Clean Air Act, the Clean Water Act and the Endangered Species Act, and it created the Environmental Protection Agency to apply and enforce these new laws. Polluters would be held accountable; those planning to use the commons would have to compile environmental-impact statements and hold public hearings; citizens were given the power to prosecute environmental crimes. Right-to-know and toxic-inventory laws made government and industry more transparent on the local level and our nation more democratic. Even the most vulnerable Americans could now participate in the dialogue that determines the destinies of their communities.
Earth Day caught polluters off guard. But in the next thirty years, they mounted an increasingly sophisticated and aggressive counterattack to undermine these laws. The Bush administration is a culmination of their three-decade campaign.
Strangling the Environment
In 1980, candidate Ronald Reagan declared, "I am a Sagebrush Rebel," marking a major turning point of the modern anti-environmental movement. In the early 1980s, the Western extractive industries, led by one of Colorado's worst polluters, brewer Joseph Coors, organized the Sagebrush Rebellion, a coalition of industry money and right-wing ideologues that helped elect Reagan president.
The big polluters who started the Sagebrush Rebellion were successful because they managed to broaden their constituency with anti-regulatory, anti-labor and anti-environmental rhetoric that had great appeal both among Christian fundamentalist leaders such as Jerry Falwell and Pat Robertson, and in certain Western communities where hostility to government is deeply rooted. Big polluters found that they could organize this discontent into a potent political force that possessed the two ingredients of power in American democracy: money and intensity. Meanwhile, innovations in direct-mail and computer technologies gave this alliance of dark populists and polluters a deafening voice in American government.
Coors founded the Mountain States Legal Foundation in 1976 to bring lawsuits designed to enrich giant corporations, limit civil rights and attack unions, homosexuals and minorities. He also founded the right-wing Heritage Foundation, to provide a philosophical underpinning for the anti-environmental movement. While the foundation and its imitators -- the Competitive Enterprise Institute, the American Enterprise Institute, the Reason Foundation, the Federalist Society, the Marshall Institute and others -- claim to advocate free markets and property rights, their agenda is more pro-pollution than anything else.
From its conception, the Heritage Foundation and its neoconservative cronies urged followers to "strangle the environmental movement," which Heritage named "the greatest single threat to the American economy." Ronald Reagan's victory gave Heritage Foundation and the Mountain States Legal Foundation immeasurable clout. Heritage became known as Reagan's "shadow government," and its 2,000-page manifesto, "Mandate for Change," became a blueprint for his administration. Coors handpicked his Colorado associates: Anne Gorsuch became the EPA administrator; her husband, Robert Burford, a cattle baron who had vowed to destroy the Bureau of Land Management, was selected to head that very agency. Most notorious, Coors chose James Watt, president of the Mountain States Legal Foundation, as the secretary of the interior. Watt was a proponent of "dominion theology," an authoritarian Christian heresy that advocates man's duty to "subdue" nature. His deep faith in laissez-faire capitalism and apocalyptic Christianity led Secretary Watt to set about dismantling his department and distributing its assets rather than managing them for future generations. During a Senate hearing, he cited the approaching Apocalypse to explain why he was giving away America's sacred places at fire-sale prices: "I do not know how many future generations we can count on before the Lord returns."
Meanwhile, Anne Gorsuch enthusiastically gutted EPA's budget by sixty percent, crippling its ability to write regulations or enforce the law. She appointed lobbyists fresh from their hitches with the paper, asbestos, chemical and oil companies to run each of the principal agency departments. Her chief counsel was an Exxon lawyer; her head of enforcement was from General Motors.
These attacks on the environment precipitated a public revolt. By 1983, more than a million Americans and all 125 American-Indian tribes had signed a petition demanding Watt's removal. After being forced out of office, Watt was indicted on twenty-five felony counts of influence-pedaling. Gorsuch and twenty-three of her cronies were forced to resign following a congressional investigation of sweetheart deals with polluters, including Coors. Her first deputy, Rita Lavelle, was jailed for perjury.
The indictments and resignations put a temporary damper on the Sagebrush Rebels, but they quickly regrouped as the "Wise Use" movement. Wise Use founder, the timber-industry flack Ron Arnold, said, "Our goal is to destroy, to eradicate the environmental movement. We want to be able to exploit the environment for private gain, absolutely."
By 1994, Wise Use helped propel Newt Gingrich to the speaker's chair of the U.S. House of Representatives and turn his anti-environmental manifesto, "The Contract With America," into law. Gingrich's chief of environmental policy was Rep. Tom DeLay, the one-time Houston exterminator who was determined to rid the world of pesky pesticide regulations and to promote a biblical worldview. He targeted the Endangered Species Act as the second-greatest threat to Texas after illegal aliens. He also wanted to legalize the deadly pesticide DDT, and he routinely referred to the EPA as "the Gestapo of government." In January 1995, DeLay invited a group of 350 lobbyists representing some of America's biggest polluters to collaborate in drafting legislation to dismantle federal health, safety and environmental laws.
Gingrich and DeLay had learned from the James Watt debacle that they had to conceal their radical agenda. Carefully eschewing public debates on their initiatives, they mounted a stealth attack on America's environmental laws. Rather than pursue a frontal assault against popular statutes such as the Endangered Species, Clean Water and Clean Air acts, they tried to undermine these laws by attaching silent riders to must-pass budget bills.
But the public got wise. Moderate Republicans teamed up with the Clinton administration to block the worst of it. My group, the NRDC, as well as the Sierra Club and the U.S. Public Interest Research Group, generated more than 1 million letters to Congress. When President Clinton shut down the government in December 1995 rather than pass a budget bill spangled with anti-environmental riders, the tide turned against Gingrich and DeLay. By the end of that month, even conservatives disavowed the attack. "We lost the battle on the environment," DeLay conceded.
Undermining the Scientists
Today, with the presidency and both houses of Congress under the anti-environmentalists' control, they are set to eviscerate the despised laws. White House strategy is to promote its unpopular policies by lying about its agenda, cheating on the science and stealing the language and rhetoric of the environmental movement.
Even as Republican pollster Luntz acknowledged that the scientific evidence is against the Republicans on issues like global warming, he advised them to find scientists willing to hoodwink the public. "You need to continue to make the lack of scientific certainty a primary issue," he told Republicans, "by becoming even more active in recruiting experts sympathetic to your view."
In the meantime, he urged them to change their rhetoric. " 'Climate change,' " he said, "is less threatening than 'global warming.' While global warming has catastrophic connotations attached to it, climate change suggests a more controllable and less emotional challenge."
The EPA's inspector general received broad attention for his August 21st, 2003, finding that the White House pressured the agency to conceal the public-health risks from poisoned air following the September 11th World Trade Center attacks. But this 2001 deception is only one example of the administration's pattern of strategic distortion. Earlier this year, it suppressed an EPA report warning that millions of Americans, especially children, are being poisoned by mercury from industrial sources.
This behavior is consistent throughout the Bush government. Consider the story of James Zahn, a scientist at the Department of Agriculture who resigned after the Bush administration suppressed his taxpayer-funded study proving that billions of antibiotic-resistant bacteria can be carried daily across property lines from meat factories into neighboring homes and farms. In March 2002, Zahn accepted my invitation to present his findings to a convention of family-farm advocates in Iowa. Several weeks before the April conference, pork-industry lobbyists learned of his appearance and persuaded the Department of Agriculture to forbid him from appearing. Zahn told me he had been ordered to cancel a dozen appearances at county health departments and similar venues.
In May, the White House blocked the EPA staff from publicly discussing contamination by the chemical perchlorate -- the main ingredient in solid rocket fuel. The administration froze federal regulations on perchlorate, even as new research reveals alarmingly high levels of the chemical in the nation's drinking water and food supply, including many grocery-store lettuces. Perchlorate pollution has been linked to neurological problems, cancer and other life-threatening illnesses in some twenty states. The Pentagon and several defense contractors face billions of dollars in potential cleanup liability.
The administration's leading expert in manipulating scientific data is Interior Secretary Gale Norton. During her nomination hearings, Norton promised not to ideologically slant agency science. But as her friend Thomas Sansonetti, a coal- industry lobbyist who is now assistant attorney general, predicted, "There won't be any biologists or botanists to come in and pull the wool over her eyes."
In autumn 2001, Secretary Norton provided the Senate Committee on Energy and Natural Resources with her agency's scientific assessment that Arctic oil drilling would not harm hundreds of thousands of caribou. Not long afterward, Fish and Wildlife Service biologists contacted the Public Employees for Environmental Responsibility, which defends scientists and other professionals working in state and federal environmental agencies. "The scientists provided us the science that they had submitted to Norton and the altered version that she had given to Congress a week later," said the group's executive director, Jeff Ruch. There were seventeen major substantive changes, all of them minimizing the reported impacts. When Norton was asked about the alterations in October 2001, she dismissed them as typographical errors.
Later, she and White House political adviser Karl Rove forced National Marine Fisheries scientists to alter findings on the amount of water required for the survival of salmon in Oregon's Klamath River, to ensure that large corporate farms got a bigger share of the river water. As a result, more than 33,000 chinook and coho salmon died -- the largest fish kill in the history of America. Mike Kelly, the biologist who drafted the original opinion (and who has since been awarded federal whistle-blower status), told me that the coho salmon is probably headed for extinction. "Morale is low among scientists here," Kelly says. "We are under pressure to get the right results. This administration is putting the species at risk for political gain -- and not just in the Klamath."
Norton has also ordered the rewriting of an exhaustive twelve-year study by federal biologists detailing the effects that Arctic drilling would have on populations of musk oxen and snow geese. She reissued the biologists' report two weeks later as a two-page paper showing no negative impact to wildlife. She also ordered suppression of two studies by the Fish and Wildlife Service concluding that the drilling would threaten polar-bear populations and violate the international treaty protecting bears. She then instructed the Fish and Wildlife Service to redo the report to "reflect the Interior Department's position." She suppressed findings that mountaintop mining would cause "tremendous destruction of aquatic and terrestrial habitat" and a Park Service report that found that snowmobiles were hurting Yellowstone's air quality, wildlife and the health of its visitors and employees.
Norton's Fish and Wildlife Service is the first ever not to voluntarily list a single species as endangered or threatened. Her officials have blackballed scientists and savaged studies to avoid listing the trumpeter swan, revoke the listing of the grizzly bear and shrink the remnant habitat for the Florida panther. She disbanded the service's oldest scientific advisory committee in order to halt protection of desert fish in Arizona, New Mexico and Texas that are headed for extinction. Interior career staffers and scientists say they are monitored by Norton's industry appointees to ensure that future studies do not conflict with industry profit-making.
Cooking the Books on Global Warming
There is no scientific debate in which the White House has cooked the books more than that of global warming. In the past two years the Bush administration has altered, suppressed or attempted to discredit close to a dozen major reports on the subject. These include a ten-year peer-reviewed study by the International Panel on Climate Change, commissioned by the president's father in 1993 in his own efforts to dodge what was already a virtual scientific consensus blaming industrial emissions for global warming.
After disavowing the Kyoto Protocol, the Bush administration commissioned the federal government's National Academy of Sciences to find holes in the IPCC analysis. But this ploy backfired. The NAS not only confirmed the existence of global warming and its connection to industrial greenhouse gases, it also predicted that the effects of climate change would be worse than previously believed, estimating that global temperatures will rise between 2.5 and 10.4 degrees by 2100.
A May 2002 report by scientists from the EPA, NASA and the National Oceanic and Atmospheric Administration, approved by Bush appointees at the Council on Environmental Quality and submitted to the United Nations by the U.S., predicted similarly catastrophic impacts. When confronted with the findings, Bush dismissed it with his smirking condemnation: "I've read the report put out by the bureaucracy. . . ."
Afterward, the White House acknowledged that, in fact, he hadn't. Having failed to discredit the report with this untruth, George W. did what his father had done: He promised to study the problem some more. Last fall, the White House announced the creation of the Climate Research Initiative to study global warming. The earliest results are due next fall. But the White House's draft plan for CRI was derided by the NAS in February as a rehash of old studies and established science lacking "most elements of a strategic plan."
In September 2002, administration censors released the annual EPA report on air pollution without the agency's usual update on global warming, that section having been deleted by Bush appointees at the White House. On June 19th, 2003, a "State of the Environment" report commissioned by the EPA in 2001 was released after language about global warming was excised by flat-earthers in the White House. The redacted studies had included a 2001 report by the National Research Council, commissioned by the White House. In their place was a piece of propaganda financed by the American Petroleum Institute challenging these conclusions.
This past July, EPA scientists leaked a study, which the agency had ordered suppressed in May, showing that a Senate plan -- co-sponsored by Republican Sen. John McCain -- to reduce the pollution that causes global warming could achieve its goal at very small cost. Bush reacted by launching a $100 million ten-year effort to prove that global temperature changes have, in fact, occurred naturally, another delay tactic for the fossil-fuel barons at taxpayer expense.
Princeton geo-scientist Michael Oppenheimer told me, "This administration likes to emphasize what we don't know while ignoring or minimizing what we do know, which is a prescription for paralysis on policy. It's hard to imagine what kind of scientific evidence would suffice to convince the White House to take firm action on global warming."
Across the board, the administration yields to Big Energy. At the request of ExxonMobil, and with the help of a lobbying group working for coal-burning utility Southern Co., the Bush administration orchestrated the removal of U.S. scientist Robert Watson, the world-renowned former NASA atmospheric chemist who headed the United Nations' IPCC. He was replaced by a little-known scientist from New Delhi, India, who would be generally unavailable for congressional hearings.
The Bush administration now plans to contract out thousands of environmental-science jobs to compliant industry consultants already in the habit of massaging data to support corporate profit-taking, effectively making federal science an arm of Karl Rove's political machine. The very ideologues who derided Bill Clinton as a liar have institutionalized dishonesty and made it the reigning culture of America's federal agencies. "At its worst," Oppenheimer says, "this approach represents a serious erosion in the way a democracy deals with science." |
