Democratic Senators Barbara Boxer, Sheldon Whitehouse, Amy Klobuchar, and Frank Lautenberg today called for the resignation of Environmental Protection Agency Administrator Stephen L. Johnson and asked the Attorney General to open a perjury investigation of him.
It looks like Johnson may have lied to Congress in his sworn testimony. He claimed that the decision to deny California's waiver request from the Clean Air Act to set tough standards on global warming pollution from motor vehicles was "mine and mine alone." Recent testimony, however, shows that Bush ordered it and Johnson may not have told the truth under oath. The Senators asked Attorney General Michael B. Mukasey to investigate "apparent contradictions" between his sworn testimony and the testimony of other sworn witnesses.
More, after the fold
On December 19, 2007, Johnson denied a request by California for a waiver of the Clean Air Act that would permit the states to set tough standards on global warming pollution from motor vehicles. This was the first time in over 50 instances that EPA has ever denied outright a California waiver request. In sworn testimony before the Committee, Administrator Johnson stated that he based his decision on California's failure to meet criteria required under the Clean Air Act, and said that the decision was "mine and mine alone." Many other states, including Rhode Island, have adopted California's standards, or are in the process of adopting them, but all are barred from implementing the standards unless California receives a waiver from EPA.
However, former Associate Deputy Administrator Jason Burnett testified last week that Mr. Johnson had in fact determined that California had met Clean Air Act criteria necessary for approval of the waiver, and had communicated to the Administration that he intended to grant the waiver in part. Mr. Burnett further testified that Administrator Johnson only reversed course and denied the waiver after White House officials informed him of President Bush's "policy preference" for a single regulatory system - even though the Clean Air Act clearly contemplates a dual system in cases where the statutory criteria for the waiver are met.
US Senate Committee on Public Works and the Environment: Senators Call for EPA Administrator’s Resignation
So Bush ordered Johnson to disregard the law, Johnson complied, and then said it was only his decision in an effort to shield Bush.
Senator Boxer correctly depicted Johnson as a "dangerous ally of polluters" and said he must resign:
"Mr. Johnson has consistently chosen special interests over the American people's interests in protecting health and safety. He has become a secretive and dangerous ally of polluters, and we cannot stand by and allow more damage to be done. We have lost all confidence in Stephen Johnson's ability to carry out EPA's mission in accordance with the law. I call on Administrator Johnson to immediately resign his position."
US Senate Committee on Public Works and the Environment: Senators Call for EPA Administrator’s Resignation
Senator Whitehouse, a former U.S. Attorney and Attorney General for Rhode Island, said that Johnson has disregarded the law:
"Administrator Johnson has done the bidding of the Bush Administration and its political allies without hesitation or question. He has acted, consistently and routinely, without regard for the law or the determinations of the courts; he has damaged the mission, the morale, and the integrity of his great department; and he has betrayed his solemn duty to Americans who depend on him to protect their health and environment. The American people cannot accept such a person in a position of such great responsibility. I call on Administrator Johnson to resign his position, effective immediately."
US Senate Committee on Public Works and the Environment: Senators Call for EPA Administrator’s Resignation
In addition, Senators Klobuchar and Lautenberg called for resignation and perjury investigation. US Senate Committee on Public Works and the Environment: Senators Call for EPA Administrator’s Resignation
Time for Johnson to go, but not just resignation. Perjury investigation. If he committed perjury before Congress, he must face trial:
§ 1621. Perjury generally
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
§ 1621. Perjury generally
I am so glad Boxer and these Senators are standing up for the rule of law. Please contact your Senator or Representative and ask them to join this call for justice. We must expose all the crimes of the Bush administration.
Update I:
Here's a link to the letter they sent to Mukasey asking him to open an investigation into whether EPA Adminstrator Johnson has made "false or misleading statements before the EPW Committee."
Letter Calling for Perjury Investigation
Update II: What we can do. (From berning in the comments: Send a note to Johnson via Friends of the Earth)
FoE Action has a Petition.
FoE Action: Tell Administrator Johnson: "You're Dismissed!"
Sign his walking papers and send Congress a message
We the undersigned condemn you, Administrator Stephen Johnson, for violating the mandate of the Environmental Protection Agency and undermining the good work of its employees.
Whereas you have delayed the Bush administration’s response to a year-old Supreme Court holding in Mass v. EPA, which makes any action under President Bush’s tenure unlikely.
Whereas you have rejected California’s request for permission to allow it to limit global warming pollution from vehicles; which overrides recommendations of EPA’s own career experts and prevents the implementation of laws passed in more than a dozen states.
Whereas you set ozone pollution limits at unhealthy levels after rejecting the recommendations of EPA’s own scientists -- and then weakened those limits further after a late-night intervention by President Bush on the eve of announcing the new standards.
We have concluded that your disregard for EPA’s legal obligations, your rejection of EPA’s internal expertise, and your willingness to subordinate the EPA’s mission to the White House’s political agenda leave no honorable course for you but to step down as Administrator of the Environmental Protection Agency before you do any more harm to that agency and the public health.
SIGN HERE: Tell Administrator Johnson: "You're Dismissed!"