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Obama’s EPA Regs Reward Republican Obstructionism

Mother Jones

Jamelle Bouie thinks Republicans are shooting themselves in the feet with their mindless obstructionism:

If Republicans are outraged by the announcement, they only have themselves to blame….In 2009, President Obama threw his support behind climate legislation in the House, and the following year, a group of Senate Democrats—including Kerry—began work with Republicans to craft a bipartisan climate bill. The process fell apart, a victim of bad management from the White House, election year politics, an embattled and fearful Sen. Lindsay Graham—the South Carolina senator at the center of the negotiations—and the growing tide of Republican anti-Obama sentiment, which would culminate that fall with a huge GOP victory in the House of Representatives.

….With a little cooperation, Republicans could have won a better outcome for their priorities. They could have exempted coal from more stringent spectrum of regulations, enriched their constituencies with new subsidies and benefits, and diluted a key Democratic priority. Instead, they’ll now pay a steep substantive price for their obstruction, in the form of rules that are tougher—and more liberal—than anything that could have passed Congress.

I think this misreads Republican priorities. Sure, they care about the details of the regulations. And sure, they knew perfectly well that Obama had threatened to act via the EPA if Congress failed to pass a bill. But neither of those were things they cared all that much about.

Note the bolded sentence above. What Republicans really care about is winning elections.1 They were pretty sure that cooperating on a cap-and-trade bill would hurt them in the 2010 midterms, and they were probably right about that. It wasn’t a popular bill, and they would have been forced to take partial credit for it if it had passed. Instead, they were able to run a clean, rage-filled campaign against Obummercare, cap-and-tax, and the pork-ocrat “stimulus” bill. As I recall, that worked out pretty well for them.

And what price did they pay? Well, now the EPA is proposing regs that are….maybe slightly worse than the original cap-and-trade bill, but not all that much, really. Policy-wise, then, they’ve lost at most a smidgen but no more.2 And guess what? There’s another midterm coming up! This is all perfectly timed from the Republican point of view. They get to run hard against yet another lawless-Obama-job-killing-socialist-war-on-coal-executive-tyranny program. What’s not to like?

1Democrats too, in case you’re keeping score at home. Libertarians not so much.

2It’s worth noting that they have Obama’s relentless technocratic pragmatism to thank for this. If Obama had really wanted to punish Republican constituencies for opposing the cap-and-trade bill, he could have proposed a bunch of command-and-control mandates that would have hit red states and the coal industry in the gut. If Obama were truly the business-hating socialist tyrant of their fever dreams, that’s what he would have done. Instead, he proposed regulations that were as flexible and efficient as possible within the restrictions of the Clean Air Act. That’s why, in the end, Republican obstructionism didn’t really hurt them that much.

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Obama’s EPA Regs Reward Republican Obstructionism

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A Better Way to Clean Your Furniture

earth911

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A Better Way to Clean Your Furniture

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Dot Earth Blog: Tracking Obama’s Climate Rules for Power Plants

Keeping track of President Obama’s power plant carbon dioxide rules. Link: Dot Earth Blog: Tracking Obama’s Climate Rules for Power Plants ; ;Related ArticlesTracking Obama’s Climate Rules for Power PlantsDot Earth Blog: White House Stresses Widespread Energy Progress Ahead of New Climate RuleWhite House Stresses Widespread Energy Progress Ahead of New Climate Rule ;

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Dot Earth Blog: Tracking Obama’s Climate Rules for Power Plants

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Here are 4 Good Reasons to Keep Eric Shinseki, and 1 Very Good Reason to Fire Him

Mother Jones

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Should Eric Shinseki resign? Or be fired? There are several reasons to say no:

Knee-jerk calls for resignation from the guy at the top every time something goes wrong in a big bureaucracy are wearying.
Shinseki inherited a lot of problems, and there’s good evidence that he’s worked hard to improve things at the VA. The fact that some problems still remain is hardly damning.
The specific scandal involving secret waiting lists isn’t really a sign of bad management.
The tradition of top managers resigning as a symbolic show of responsibility is dumb. Let’s leave that to the British and the Japanese.

You may find all of these more or less persuasive depending on your general temperament. Personally, I find them all moderately persuasive. That said, there’s one really good reason for the guy at the top to resign when something like this happens: It’s a lot easier for a newcomer to make sweeping changes if that’s what’s necessary. No matter how committed Shinseki is to fixing this problem, he’s hemmed in by five years of decisions he’s already made. He’s emotionally committed to a certain way of doing things; to a certain set of subordinates; and to policies that he’s implemented. A new VA chief wouldn’t be. Nor would a new VA chief be under a cloud. He’d have the active support of Congress and the president to take a fresh look at things.

Unfortunately for Shinseki, this one reason is probably sufficient. In a sense, it’s unfair. Nonetheless, human nature being what it is, a new VA secretary would most likely have more freedom to make the changes necessary to fix the VA’s problems and more support to get them done. For that reason, yes, Shinseki should probably go.

UPDATE, Friday, May 30, 11:15am ET: President Obama is delivering a statement live from the White House.

UPDATE 2: Shinseki has resigned.

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Here are 4 Good Reasons to Keep Eric Shinseki, and 1 Very Good Reason to Fire Him

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Ohio rolls back green energy standards — cue widespread hair-tearing

Ohio rolls back green energy standards — cue widespread hair-tearing

Nikki Burch

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Congratulations, Ohio! Not only do you purportedly enjoy the most heinous unofficial state food in the union (please refer to item No. 52 on the linked list), you’re also vying for the position of Most Regressive Energy Policies in an Already Relatively Behind-the-Times Country. And that is definitively a contest in which no one wins.

Yesterday, the Ohio House of Representatives passed a bill that will freeze requirements that utilities gradually increase their use of renewable energy and energy efficiency. It rolls back a law passed by a wide majority of the state House and Senate in 2008. The state Senate has also approved the bill, and Gov. John Kasich (R) is expected to sign it.

On what basis could one oppose such a green energy policy? Let’s ask an Ohio Republican. From The Columbus Dispatch:

The standards needed to be changed because they “are simply not achievable or sustainable,” said Rep. Peter Stautberg, R-Anderson Township.

Alright, then! Let’s keep dreaming big, America.

Across the country, conservative organizations such as the American Legislative Exchange Council (ALEC) have spent the past couple of years trying to roll back state renewable energy standards. Until yesterday, their efforts had largely failed.

To be fair to Ohioans, this outcome doesn’t appear to be representative of their actual desires at all — and thus the irony of American democracy strikes again. Last month, a survey commissioned by the Ohio Advanced Energy Economy showed that 72 percent of Ohio residents expressed a preference for pursuing solar and wind power as alternatives to coal and nuclear energy. Eighty-six percent supported the 2008 clean energy law as it was.

And many businesses — including Honda, one of the state’s largest employers — opposed the rollback as well, pointing out that the renewable mandate has spurred the growth of the state’s clean energy industry. Even the Ohio Manufacturers’ Association said the rollback “will drive up electricity costs for customers and undermine manufacturing competitiveness in Ohio.”

But even while clean energy is becoming more mainstream, some Republicans are still managing to make it more politically partisan – which threatens to undo significant progress made on clean energy at the state level. From The New York Times:

“It used to be that renewables was this Kumbaya, come-together moment for Republicans and Democrats,” said Michael E. Webber, deputy director of the Energy Institute at the University of Texas at Austin. “The intellectual rhetoric around why you would want renewables has been lost and replaced by partisanship.”

Now that we’re all nice and depressed about the future of American green energy, who’d like to join me for a steaming bowl of Cincinnati chili? No one? I don’t blame you.


Source
Kasich agrees to sign bill revamping green-energy requirements, The Columbus Dispatch
A Pushback on Green Power, The New York Times
Ohio Legislature Votes To Delay And Weaken State’s Renewable Energy Law, The Huffington Post

Eve Andrews is a Grist fellow and new Seattle transplant via the mean streets of Chicago, Poughkeepsie, and Pittsburgh, respectively and in order of meanness. Follow her on Twitter.

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Ohio rolls back green energy standards — cue widespread hair-tearing

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Someone Just Spent $1.5 Million on a GOP Senate Candidate. We’ll Probably Never Know Who.

Mother Jones

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Arkansas is witnessing what may be the most expensive political ad campaign in state history: $1.5 million-worth of glowing TV spots hailing Tom Cotton, a Republican congressman who’s running against Democrat Sen. Mark Pryor.

The race could decide which party controls the Senate. But no one knows who’s paying for this giant ad buy—and that’s partly because the group behind those ads may have flaunted IRS law in order to conceal the identities of its donors.

A super PAC called the Government Integrity Fund Action Network is footing the bill for the six-week ad campaign, which is airing in three different television markets. But that group has reported only one source of funds in 2014—$1 million that a separate organization, the Government Integrity Fund, donated to it in mid-April. The Government Integrity Fund is based in Ohio and is registered with the IRS as a social welfare group, also known as a 501(c)(4). Its purpose, according to papers it filed with the Ohio secretary of state in 2011, is to “promote the social welfare of the citizens of Ohio.”

Political groups frequently organize as 501(c)(4)s because this type of tax-exempt organization is not required to disclose its donors. So no one in the public knows who gave the $1 million to the Government Integrity Fund that it passed to the Government Integrity Fund Action Network to underwrite these pro-Cotton ads.

If this seems complicated, it’s supposed to be. Political operatives on both sides raise and spend money through 501(c)(4)s and other tax-exempt groups with vague-sounding names to avoid disclosure. Watchdog groups maintain that this is a violation of IRS law. And the Government Integrity Fund already has a spotty record.

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Someone Just Spent $1.5 Million on a GOP Senate Candidate. We’ll Probably Never Know Who.

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Is the World’s Most Powerful Military Defenseless Against Big Tobacco?

Mother Jones

Suppose you wanted to quit drinking, but all the AA meetings in your town were held in the back of a bar with $2 well drinks?

That’s basically the conundrum the US military faces when it comes to regulating tobacco. Smoking is a drain on the force, physically and financially, and over the years the brass has implemented all sorts of efforts to get soldiers and sailors to avoid it, with some success. But every time military officials make a move to stop offering cheap cigarettes to their personnel, they get shot down by the tobacco industry’s allies in Congress. In the latest skirmish, earlier this month, Republicans on the House Armed Services Committee launched a preemptive strike to prevent the Navy from ending tobacco sales on Navy and Marine bases and ships.

By age, education, demographics, and circumstances (high-stress situations interspersed with long periods of boredom), soldiers are an ideal market for tobacco products, which have historically been sold on military installations and ships for as little as half of what civilians pay. For decades, tobacco lobbyists have worked with friendly legislators to maintain the cheap supply. In the early 1990s, for instance, the industry jumped into action after the commander of the USS Roosevelt declared his ship smoke-free. Two Democratic members of the House Armed Services Committee introduced an amendment to the defense funding bill requiring all ships to sell cigarettes, and the Navy caved.

In 2007, researcher Ruth Malone and her colleagues at the University of California-San Francisco published a study in the journal Tobacco Control detailing no less than seven failed attempts since 1985 by members of Congress and military officials to raise the price of military tobacco products to civilian levels. And while the Pentagon eventually succeeded in narrowing the price gap, military stores are still exempt from the hefty state and local tobacco taxes levied to discourage smoking. In a 2011 study comparing cigarette pricing on and off base, another research team determined that Marlboro Reds, which cost an average of $6.73 a pack at the local Walmart, went for just $4.99 at military installations. “The industry and its allies repeatedly argued—particularly in communications to service members—that raising commissary prices constituted an ‘erosion of benefits,'” wrote Malone et al.

The “benefits” argument, as well as the notion that it violates a soldier’s rights to have to buy smokes from an outside retailer, invariably arises whenever there’s talk of new military smoking policies. Consider the latest episode. On March 14, Jonathan Woodson and Jessica Wright, high-level Pentagon officials for health and personnel affairs, sent a memo to all of the military branches laying out some of tobacco’s downsides—diseases and fatalities, absenteeism, steep health costs, and the fact that wounded warriors who smoke tend to heal poorly. “Although we stopped distributing cigarettes to Service members as part of their rations, we continue to permit, if not encourage, tobacco use,” they explained. “The prominence of tobacco in military retail outlets and permission for smoking breaks while on duty sustain the perception that we are not serious about reducing the use of tobacco.”

Two weeks later, after military newspapers reported that the Navy was considering a ban on tobacco sales, Rep. Duncan Hunter (R-Calif.), who enlisted in the Marines after the 9/11 attacks, wrote a letter to Navy Secretary Ray Mabus opposing any such move. It would be an intrusion on “personal decision-making,” he said, and besides, the Navy and the Marines have bigger priorities. In early April, after a group of Democratic senators encouraged Mabus to take action, Hunter and two GOP colleagues, Reps. Richard Hudson (N.C.) and Tom Rooney (Fla.), wrote to the leaders of the House Appropriations Committee: “Given the current fiscal climate, the strain on the Navy to conduct global operations, the impending reduction to the size of the fleet and personnel, recent efforts to restrict access to tobacco products is a frivolous abdication of more urgent matters of national security.”

On May 7, as the House Armed Services Committee marked up the 2015 National Defense Authorization Act, Rep. Hunter introduced an amendment forbidding any new military policy that “would limit, restrict, or ban the sale of any legal product category” currently for sale on bases or ships—the committee approved the amendment 53 to 9. (The Senate Armed Services Committee debates the defense bill this week.) “We sleep in the dirt for this country. We get shot at for this country. But we can’t have a cigarette if we want to for this country, because that’s unhealthy,” Hunter told his fellow committee members after San Diego-area Democrat Rep. Susan Davis opposed his amendment. (See video below.) “Well, I’ll tell you what. If you want to make us all healthy, then let’s outlaw war, because war is really dangerous.”

War is indeed dangerous, but cigarettes kill far more soldiers and citizens than war does. It’s not even close. More than 480,000 Americans die from smoking and secondhand smoke exposure every year, according to the Centers for Disease Control and Prevention—more than died on the battlefields of World War I, World War II, Korea, and Vietnam combined.

The odds are particularly grim for military veterans, who make up about a quarter of the adult male population and smoke at significantly higher rates than nonveterans. In the 2007-2010 National Health Interview Survey, 36 percent of male vets ages 45 to 54 said they were current smokers, compared with 24 percent of men in that age range who never served.

Many of those vets got hooked as young men in the service. While less than 20 percent of civilians smoke, a 2011 military survey reported smoking rates of 24 percent for Navy personnel and 31 percent for Marines. (In addition, 32 percent of Marines said they used smokeless tobacco.) A 2009 Institute of Medicine (IOM) committee report requested by the military notes that smoking rates for soldiers returning from war zones are about 50 percent higher than rates for non-deployed personnel.

All of this puffing amounts to a massive medical bill, not just for the men and women dying horrible deaths from cancer and heart disease and emphysema, but for the taxpayers, too. In his letter to the Navy, Hunter noted that banning tobacco sales would mean a loss of profits for the Military Exchange Command. In reality, cigarettes are a net loss for the military. For every dollar of profit from selling tobacco to personnel, according to data from a 1996 Inspector General’s report, the Pentagon spent more than nine dollars on healthcare and lost productivity. And that doesn’t factor in veterans’ medical costs. In 2008 alone, according to the IOM, the VA shelled out $5 billion to treat vets for chronic obstructive pulmonary disease, which primarily afflicts smokers. “Tobacco use costs the DOD an estimated $1.6 billion annually in medical costs and lost work time,” Pentagon spokeswoman Joy Crabaugh told me in an email. “We estimate 175,000 current active duty service members will die from smoking unless we can help them quit.”

“The health care costs are astounding,” added Defense Secretary Chuck Hagel, who served in Vietnam, when asked about the issue recently. “Now, the dollars are one thing, but the health of your people, I don’t know if you put a price tag on that.”

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Is the World’s Most Powerful Military Defenseless Against Big Tobacco?

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Republicans Propose Limiting Food Aid to Rural Children

Mother Jones

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Via TPM, here’s the latest proposal from the Republican Party in its agriculture and food safety bill:

In a surprising twist, the bill language specifies that only rural areas are to benefit in the future from funding requested by the administration this year to continue a modest summer demonstration program to help children from low-income households — both urban and rural — during those months when school meals are not available.

Since 2010, the program has operated from an initial appropriation of $85 million, and the goal has been to test alternative approaches to distribute aid when schools are not in session. The White House asked for an additional $30 million to continue the effort, but the House bill provides $27 million for what’s described as an entirely new pilot program focused on rural areas only.

Democrats were surprised to see urban children were excluded. And the GOP had some trouble explaining the history itself. But a spokeswoman confirmed that the intent of the bill is a pilot project in “rural areas” only.

I guess that is surprising. Usually they’re a little more subtle in their contempt for poor people in urban areas. But now they’re being completely up-front about it. Poor white kids will get extra money for meals when school is out of session. Poor black kids won’t. I’m not surprised that Republicans had a hard time explaining this. So did Donald Sterling.

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Republicans Propose Limiting Food Aid to Rural Children

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There’s No Good Reason for Keeping OLC Opinions Confidential

Mother Jones

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President Obama’s nomination of David Barron to the First Circuit Court of Appeals has reopened a fight over whether the White House should release Barron’s memo (written when he worked at the Office of Legal Counsel) justifying drone strikes against Anwar al-Awlaki. Time reports:

Under pressure from liberals and libertarians that threatens to sink a judicial nomination, the Obama Administration is moving closer to releasing a classified legal justification for the use of drone strikes against Americans fighting for al-Qaeda, Administration officials tell TIME.

….The U.S. intelligence community and the Office of the Director of National Intelligence want the Administration not to release the memo. Also against release is the Office of Legal Counsel, which serves as the in-house legal expert on executive branch powers and which vigorously guards its opinions.

Greg Sargent comments:

The case for more transparency was spelled out recently by the New York Times, which argued: “the government has the right to secrets about its operations, but not secrets about its legal reasoning.”

If there is a convincing rebuttal to that argument, I haven’t heard it. Indeed, one person who may agree with it is President Obama, given that in his big national security speech last May, he said he’d tasked his administration to “extend oversight of lethal actions outside of war zones that go beyond our reporting to Congress.” What is the rationale for keeping the legal justification secret?

I’d go further. I’ve never really understood the rationale for any OLC opinions to stay confidential. In some sense, yes, there’s a case to be made for executive privilege: this is advice from one of the president’s aides to the president himself, and courts have ruled that presidents have a legitimate interest in keeping internal advice confidential in order to ensure that they get candid judgments. But that’s a helluva stretch in this case because OLC opinions go beyond mere advice. For all practical purposes, they have the force of law, since presidents use OLC opinions as the basis for determining what they can and can’t do.

Should the United States have secret laws? As it happens, the United States does have secret laws. That is, actual congressional statutes that you and I aren’t allowed to read. So this isn’t quite as unprecedented as it seems. Still, that’s a rare occurrence, while OLC opinions are routinely kept secret. Why? If specific bits and pieces need to be redacted, fine. But in a democracy, the legal reasoning justifying the enforcement of our laws should be a matter of public record. We should all know what the laws of the land are and how the executive branch is allowed to act on them. There’s really no compelling argument on the other side.

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There’s No Good Reason for Keeping OLC Opinions Confidential

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Republican Tax Increases: A Centrist Fantasy That Refuses to Die

Mother Jones

Dave Weigel points me to Ron Fournier’s latest column:

As late as a year ago, just a few months after Obama shoved a reelection tax hike down their throats, the GOP leadership was still open to compromise. A budget deal would be hard, but not impossible, to strike. The situation required an able, nimble partner in the White House, a president who could help the GOP leadership reach and sell a deal to their conservative base. In March 2013, I wrote of the GOP: “Don’t mistake a negotiating position for reality. House Republicans tell me they are open to exchanging entitlement reform for new taxes—$250 billion to $300 billion, or approximately the amount that Republican Sen. Pat Toomey of Pennsylvania proposed raising over 10 years under the guise of tax reform.”

The numbers were specific because the possibility of a deal was real. But the White House, quite literally, laughed at it. The president had already bowed to his base, given up on compromise, and damaged his legacy.

I just don’t get this. Are there a few House Republicans who are open to a tax increase? Sure. Probably. Is there even the slightest chance of getting a majority of the GOP caucus to support a tax increase? Of course not. The evidence on this score is overwhelming. John Boehner was never able to get agreement even for the smoke-and-mirrors version of a tax increase, the kind that relies on dynamic scoring and rosy growth estimates. Nor were Republicans willing to accept Toomey’s proposal, even though it was effectively a tax cut, not a tax increase. There’s just plainly never been any chance at all of getting agreement for a proposal that would genuinely, concretely raise revenue.

I’m just flummoxed by this stuff. Whatever else you think of Fournier, he’s an experienced reporter who understands the political landscape. How can he possibly believe this stuff?

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Republican Tax Increases: A Centrist Fantasy That Refuses to Die

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