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Cheney "Invited" to Testify Before House Natural Resources Committee; Senate Grills Interior Nominee on Ethics Commitment
The House Natural Resources Committee announced their second hearing into "Science and the Endangered Species Act" for July 31st. Last time, they heard testimony about several cases of interference by political appointees with scientific reviews and decisions for various endangered species. These cases included ones where former Deputy Assistant Secretary Julie MacDonald ordered scientists on her staff to change their conclusions in order to strip protections from endangered species or even deny endangered status altogether. This time, the Committee will hear testimony about Vice President Dick Cheney's role in pressuring the Fish and Wildlife Service to reduce protections for endangered fish on the Klamath River, a move that resulted in the largest salmon fish kill in the West.
In that regard, the vice president was "invited" to testify at the hearing on July 31st. It will be interesting to see how he responds, given that he has recently refused to provide information for other Congressional hearings, claiming he is not legally obligated to share any information with Congress.
Meanwhile, the nomination of former Colorado State Parks Director Lyle Laverty to a top position in the Interior Department is making its way through the Senate. On Tuesday, the Senate Environment and Public Works Committe had their opportunity to ask Laverty questions, and several Senators made a point of asking him about the Julie MacDonald and Dick Cheney scandals and his position on ethical conduct by political appointees within the Department. Senator Sheldon Whitehouse (D-RI) cited the survey by Union of Concerned Scientists that found a majority of Fish and Wildlife Service employees were aware of political pressures to alter scientific findings within the Service. Senator Barbara Boxer (D-CA) also asked Laverty about what he would do about such problems, and he offered his pledge to clean up ethical problems at Interior. E & E Daily reported that Senator Boxer seemed significantly reassured by what Laverty had to say on the topic, but this is a significant evolution from several weeks ago, when one Senate office told Center for Native Ecosystems staff that Laverty seemed unaware of the Julie MacDonald problem when asked about it in a private interview.
Regardless of Mr. Laverty's particular commitment to cleaning up the Interior Department should he be confirmed, his nomination will not be finalized until some affirmative action is taking by the Secretary of the Interior to address the problem. Senator Ron Wyden (D-OR) has placed a "hold" on Laverty's nomination until he receives some "reassurance" from Secretary of the Interior Dirk Kempthorne that he is taking concrete steps to fix the broken culture at Interior that allowed Julie MacDonald to interfere with scientific decisions on so many species, including greater sage grouse, Gunnison sage grouse, white-tailed prairie dog, and Gunnison's prairie dog here in Colorado. Senator Wyden's hold means that hearings such as the EPW Committee hearing yesterday can occur, but a floor vote to confirm Laverty's nomination will not happen until Wyden lifts the hold. Center for Native Ecosystems and others are working with Senator Wyden's staff now to determine appropriate benchmarks for their request of Secretary Kempthorne. If the Secretary's anemic attempts to address the ethics scandals so far are any indication, Laverty may be waiting in limbo a long time.
Below is the full text of the E & E Daily reporting on these two situations:
INTERIOR: Nominee promises to scrub department of ethics problems
Allison Winter, E&E Daily reporter
The Bush administration's choice to oversee parks and wildlife at the Interior Department pledged yesterday to clean up ethics violations and make science the basis of endangered species decisions.
R. Lyle Laverty, the nominee for assistant secretary for fish, wildlife and parks, said he would "ensure the staff understands the difference on questions of science and policy." He also promised to install a code of ethics and make sure political appointees treat others with "dignity and respect."
The comments follow an Interior Department inspector general report on the ethical conduct of Julie MacDonald, a former political appointee at the department. Laverty said he would "do all I can" to clear the air on the issue.
Laverty's testimony before the Senate Environment and Public Works Committee appeared to win over the panel's chairwoman. "Your comments are music to my ears," said Sen. Barbara Boxer (D-Calif.) during an EPW Committee hearing to vet the nominee.
MacDonald resigned from her deputy assistant secretary post in May after the IG determined she had used her post to intervene in endangered species listings and critical habitat decisions. An IG report said she sent insider information to third parties so they could use it to challenge the Fish and Wildlife Service in court.
MacDonald served under the former assistant secretary for fish, wildlife and parks, Craig Manson. Laverty would be filling his position, which has been vacant since Manson resigned in November 2005.
On endangered species, Laverty vowed not to tamper with science and work toward more species recovery.
"We have to set the expectation that science is science, and you deal with policy issues as a separate matter," Laverty said.
Boxer responded Laverty has the "temperament, attitude and love of work" to improve staff morale among scientists at Interior.
The administration nominated Laverty, former chief of Colorado state parks, in May. He previously worked for 35 years with the Forest Service. His post would oversee the National Park Service and Fish and Wildlife Service.
Rahall summons Cheney for ESA hearing
Across the Hill, House Natural Resources Committee Chairman Nick Rahall (D-W.Va.) asked Vice President Dick Cheney to appear before his committee later this month to explain his role on endangered species decisions on the Klamath River.
Rahall sent a letter to Cheney yesterday asking for testimony at a July 31 hearing on the issue.
The hearing comes in response to a Washington Post story that highlighted Cheney's involvement with decisions on Klamath River flows.
In its ongoing series about the inner workings of Cheney's office, the Post detailed how the vice president pressed Interior employees to finds ways to maintain the flow of the Klamath River during a drought in 2001. On his first day in office, Cheney contacted Sue Ellen Wooldridge, then the 19th-ranking Interior Department official, to ask how they could aid Klamath flows. He later called for a special scientific review of the water flows, according to the Post.
"We invite you, as a former member of this committee, to offer your views on these reports and explain your role in this and other decisions," the letter states.
Rahall's committee held a fiery hearing in May when Democrats blasted the administration's scientific meddling and draft regulations on endangered species.
At issue in the Klamath case is the federal government's decision to cut off flows to the Klamath Basin in 2001 to protect endangered suckerfish and threatened coho salmon, leaving many farmers without water. The irrigation flows were restored in time for the 2002 growing season, resulting in the largest fish kill in the West with over 33,000 salmon dead on the river's banks. Salmon returns have remained so low that last year federal officials declared it a "commercial fishery failure
