The House Oversight and Government Reform Committee just released a series of documents that strongly suggest the White House exerted its influence over the Environmental Protection Agency to make sure that California's petition to regulate greenhouse gas emissions from cars and trucks was refused. 

Following a five-month investigation that reviewed 27,000 pages of documents and interviewed or deposed eight eye witnesses, the Committee concluded in its 20-page memo that prior to the EPA rejecting California's proposal, the career staff at EPA unanimously supported granting California's petition.  The report also noted that Stephen Johnson, the Administrator of EPA, also supported granting California's petition, at least in part, and that Administrator Johnson reversed his position after communications with officials in the White House. 

During the ruling process, "Administrator Johnson essentially polled the room on what people's final opinions were about granting or not granting a waiver," one EPA staffer reported.  According to the report, the five EPA staff who were in that meeting all believed the EPA did not have the legal authority to reject California's petition to regulate greenhouse gas emissions.

A briefing prepared by the lead staff lawyer for EPA's General Counsel stated: "After review of the docket and precedent, we don't believe there are any good arguments against granting the waiver. All of the arguments ... are likely to lose in court if we are sued."

In fact, the EPA staff interviewed by the Committee were unable to identify any agency documents that argued in favor of denial prior to December 19, 2007, the day California's petition was denied. 

EPA Associate Deputy Administrator Jason Burnett told the Committee that Administrator Johnson supported granting California's petition for a waiver of preemption under the Clean Air Act. In a deposition, he testified that Administrator Johnson "was very interested in a full grant of the waiver" in August and
September 2007 and then thought that a partial grant of the waiver "was the best course of action."

But after Johnson spoke to the White House, he changed his mind and decided to deny the EPA waiver. And according to Burnett, the White House was even given input into the wording and rationale in the December 19th denial issued to California.