Our guest blogger is Jason Burnett. Burnett was most recently the Associate Deputy Administrator of the U.S. Environmental Protection Agency where he coordinated energy and climate change policy across the EPA and led the development of greenhouse gases regulations.

As head of climate and energy policy for the Environmental Protection Agency, I witnessed first-hand the dangers of a Vice President who has a disregard for the balance of powers in our Constitution and a disdain for inconvenient facts.

Vice President Cheney has worked hard to cast doubt on the science of climate change. The Vice President’s office wanted my help censoring the Congressional testimony from the Centers for Disease Control to eliminate any references to how climate change endangers human health. I refused. The Vice President’s office later wanted me to water down congressional testimony on the strength of the science by not acknowledging that greenhouse gases “harm” the environment by causing climate change. Again I refused.

Having heard the words “the Vice President’s office is on the phone” many times over the past few years I could not agree more when Senator Joe Biden called them “the eight most dreaded words in the English language” for those trying to uphold our nation’s laws and respect our Constitution.

Given my experience with the dangers of an unaccountable Vice President, it sent shivers down my spine during the Vice Presidential debate when I heard Governor Palin say she’s “thankful the Constitution would allow a bit more authority given to the Vice President also, if that Vice President so chose to exert it, in working with the Senate and making sure that we are supportive of the president’s policies and making sure too that our president understands what our strengths are.” A bit more authority than our current Vice President has wrestled away from the President and Congress?

A strong Vice President is a great thing, but that strength should primarily come from being a trusted advisor to the President, not a separate power center somewhere between the Executive Branch and the Legislative Branch. Governor Palin is fortunate her smile and wink won’t remind voters of Vice President Cheney’s smirk and grimace; maybe people won’t notice that her dismissal of science and views on the power of the office are quite similar to Vice President Cheney’s? Read more

Last fall, as the Environmental Protection Agency worked to satisfy its Supreme Court mandate to protect the American public from the threat of greenhouse gases, White House officials took steps to prevent such action. In a letter responding to questions by Sen. Barbara Boxer (D-CA), chair of the Committee on Environment and Public Works, former EPA official Jason K. Burnett implicated the Office of the Vice President, Dick Cheney, as well as the White House Council on Environmental Quality for censoring “any discussion of the human health consequences of climate change” in testimony to Congress.

Although Burnett refused to assist in the efforts, the October testimony of Dr. Julie Geberding, director of the Centers for Disease Control and Prevention, was “eviscerated,” with ten pages detailing the specific health threats of global warming — ranging from heat waves to floods — eliminated. After initial denials of White House interference, White House Press Secretary Dana Perino later claimed that the Office of Management and Budget had redacted testimony that contained “broad characterizations about climate change science that didn’t align with the IPCC.”

In fact, Burnett tells Sen. Boxer that the reason for the cuts was to “keep options open” for the EPA to avoid making an endangerment finding for global warming pollution, which would trigger immediate consequences for polluters. He writes:

On December 5th, under the direction of EPA Administrator Stephen Johnson, Burnett emailed a formal endangerment finding to the White House Office of Management and Budget, but received a “phone call from the White House” that asked Burnett “to send a follow-up note saying that the email had been sent in error.” He declined to retract the email, which remained unread. Two weeks later, on December 19, Johnson put an end to EPA’s work on global warming regulations and rejected California’s petition to regulate tailpipe greenhouse gas emissions.

This May, Burnett resigned from the EPA. In June, President Bush asserted executive privilege to block investigation of his involvement. Boxer has called Burnett to testify before her committee on July 22, in a hearing on “the most recent evidence of the serious danger posed by global warming.” In a statement today, Boxer said:

History will judge this Bush Administration harshly for recklessly covering up a real threat to the people they are supposed to protect.

Read Dr. Gerberding’s unredacted testimony here.

Read Sen. Boxer’s letter to Jason Burnett, and his letter in response.

UPDATE 7/21: Since the publication of this post in May, Jason Burnett has been deposed by Rep. Waxman’s House Committee on Oversight and Government Reform, been interviewed by Markey’s House Select Committee on Energy Independence and Global Warming, and corresponded with Sen. Boxer’s Senate Committee on the Environment and Public Works. He will publicly testify before Boxer’s committee on July 22. As reported in the Wonk Room, his interviews with investigators and the press have revealed that he stepped down in 2006 following the White House’s overriding of recommended soot standards, and he similarly stepped down this year because of White House interference with EPA’s planned global warming regulations. If there are comparisons to be made to the U.S. attorneys scandal, Burnett is now playing a role analogous to Deputy Attorney General Paul McNulty, who resigned after coming into conflict with the White House, or U.S. Attorney David Iglesias, who has become a public critic of the White House’s interference of the Justice Department.

Yesterday, John Yoo agreed to testify before the House Judiciary Committee about the Bush Administration’s torture and interrogation practices. Yoo is the former Deputy Assistant Attorney General responsible for a series of controversial legal decisions, most famously the “torture memo” that argued physical torture “must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Yoo stepped down after President Bush’s first term.

Yesterday, Associate Deputy Administrator Jason Burnett of the Environmental Protection Agency announced his departure from the EPA. Like John Yoo, the 31-year-old Jason Burnett is the author and advocate of a series of legal arguments that subvert the very purpose of his agency.

Burnett’s shameful record includes:

– Promoting arsenic in drinking water. Working with American Enterprise Institute scholar Robert Hahn in 2000 and 2001, Burnett wrote a series of papers arguing that the Environmental Protection Agency should let economic costs trump scientific recommendations when setting regulatory health standards. Burnett argued that an arsenic standard proposed in the waning days of the Clinton Administration “cannot be justified on economic grounds.” The Bush administration eventually adopted the Clinton standard after outcry followed its original announcement to abandon it.

– The “Queen of Hearts” mercury regulations. Working in the EPA Office of Air and Radiation from 2004 to 2006, Burnett authored the industry-friendly mercury regulations that were rejected by a federal appeals court in 2008. In its decision, the court said the EPA’s “explanation deploys the logic of the Queen of Hearts, substituting EPA’s desires for the plain text” of the Clean Air Act.

– Overruling soot health standards at behest of industry. Fine particle matter — soot — kills more people than any other form of air pollution. On July 12, 2006, Johnson, Burnett, and two other EPA officials met with 15 top industry lobbyists. Two months later, Administrator Johnson issued a standard forty percent above the recommendation of staff scientists, the independent Clean Air Scientific Advisory Council, and the American Medical Association, leaving 77 million Americans at medical risk.

– Climate contempt. Following the Supreme Court mandate to take action on global warming pollution, Jason Burnett “worked on EPA’s controversial decision to deny a California petition seeking to regulate cars and trucks for climate change.” S. William Becker, executive director of the National Association of Clean Air Agencies, described the decision as “legally and technically unjustified and indefensible.”

Darren Samuelson, who broke the story of Burnett’s resignation on E&E News (sub. req’d), interviewed Burnett on how he perceives his global warming legacy:

“I have confidence future administrations will be able to make more informed decisions” based on the work EPA is currently doing on the issue, he said.

UPDATE 6/25: From the New York Times:

White House pressure to ignore or edit the E.P.A.’s climate-change findings led to the resignation of one agency official earlier this month: Jason Burnett, the associate deputy administrator. Mr. Burnett, a political appointee with broad authority over climate-change regulations, said in an interview that he had resigned because “no more constructive work could be done” on the agency’s response to the Supreme Court.

He added, “The next administration will have to face what this one did not.”

UPDATE 7/9: Burnett, a “grandson of high-tech entrepreneur David Packard” and a member of the Packard Foundation’s board of trustees, has told reporters he resigned in 2006 “because of objections” to the EPA soot ruling.

As the Wonk Room has reported, Burnett refused to retract the EPA email that “concluded that climate change endangers the public” when the White House demanded he do so. Furthermore, in a letter responding to questions from Sen. Barbara Boxer, Burnett implicated the Office of the Vice President, Dick Cheney, as well as the White House Council on Environmental Quality for censoring “any discussion of the human health consequences of climate change” in testimony to Congress. Boxer has called Burnett to testify before her committee on July 22.