EPA administrator “Lisa Jackson has ordered the Great Lakes office of EPA to stop negotiations with the Dow Chemical company — begun in the last days of the Bush administration — over controversial dioxin cleanup in the Saginaw Bay watershed.” The Wonk Room reported in May 2008 how regional EPA administrator Mary Gade, in a scandal reminiscent of Alberto Gonzales’s firing of U.S. Attorneys, was pushed out by Bush appointees for her efforts to make Dow Chemical clean up its century-old toxic waste. Center for American Progress senior fellow Robert Sussman called her firing “highly irregular“:

If her only sin was zeal in protecting the public, firing her was wrong and will send a troubling message to EPA employees all across the country who are trying to do their jobs. Clearly, it’s up to Steve Johnson to explain why he fired Mary and up to Congress to investigate the circumstances.

Despite Congressional inquiries, Administrator Johnson never explained the firing, and only left his post when Bush left office. Now, however, Sussman — who supervised Obama’s EPA transition team — is the EPA’s senior policy counsel. According to the Michigan Messenger’s Eartha Jane Melzer, “Jackson also stated that newly appointed advisor, Robert Sussman, would provide oversight on the matter.”

Cleaning up the toxic Bush legacy will take years, but this is an welcome start, especially for the residents of Saginaw Bay.

In a sobering speech on the Senate floor, Sen. Sheldon Whitehouse (D-RI) formally announced the request for a Department of Justice investigation into the potential criminal conduct of EPA Administrator Stephen Johnson, whom he called “a man after Spiro Agnew’s own heart.”

Whitehouse listed five charges of “putting the interests of corporate polluters before science and the law” in ozone, lead, soot, tailpipe emissions, and global warming pollution; and four charges of degrading “the procedures and institutional safeguards that sustain the agency;” before discussing “his apparent dishonesty in testimony before Congress”:

And in what is perhaps the gravest matter of all, I believe the Administrator deliberately and repeatedly lied to Congress, creating a false picture of the process that led to EPA’s denial of the California waiver, in order to obscure the role of the White House in influencing his decision.

Today, Senator Boxer and I have sent a letter to Attorney General Mukasey, asking him to investigate whether Administrator Johnson gave false and misleading statements, whether he lied to Congress, whether he committed perjury, and whether he obstructed Congress’s investigation into the process that led to the denial of the California waiver request.

Watch it:

After listing yet more “signs of an agency corrupted in every place the shadowy influence of the Bush White House can reach,” Sen. Whitehouse concluded:

Administrator Johnson suggests a man who has every intention of driving his agency onto the rocks, of undermining and despoiling it, of leaving America’s environment and America’s people without an honest advocate in their federal government.

This behavior not only degrades his once-great agency – it drives the dagger of dishonesty deep in the very vitals of American democracy.

The American people cannot accept such a person in a position of such great responsibility. I am sorry it has come to this, but I call on Administrator Johnson to resign his position.

I yield the floor.

Watch it:

Join Sen. Whitehouse in calling for Johnson’s resignation here.

Full text of Sen. Whitehouse’s speech: Read more

As first reported by the Chicago Tribune, Mary Gade resigned from her position as the Midwest regional administrator of the Environmental Protection Agency on May 1 amid an ongoing dispute with Dow Chemical over dioxin pollution from its Midland, Michigan headquarters. Gade told the Tribune that “There’s no question this is about Dow.”

The Wonk Room has extensively reported on her resignation and compared it to the politicized firings of U.S. Attorneys under Attorney General Alberto Gonzales.

Today, Senators Barbara Boxer (D-CA) and Sheldon Whitehouse (D-RI) have sent a letter to EPA Administrator Stephen Johnson:

We are writing to request from you full information of the circumstances surrounding Ms. Gade’s departure. As you know, Congress and the American people expect EPA to enforce vigorously our public health protections — and to preserve the integrity of the enforcement program by excluding politics from such activities. We are troubled by reports suggesting that there was a link between her efforts to assure an aggressive cleanup by Dow and her allegedly forced departure, and are seeking answers from you to key questions.

Boxer and Whitehouse serve on the Senate Environment and Public Works Committee and have oversight of the EPA. They have requested answers to their questions and all related documents “no later than May 27, 2008.”

Administrator Johnson, now mired in scandal, has refused to appear before Congress for over a month. In April he went to Australia. Upon his return he found himself unable to testify, due to “ongoing back issues.”

The EPA currently is refusing to honor multiple subpoenas for other documents.

Read the full letter below:
Read more

Mary Gade, the Midwest regional administrator for the Environmental Protection Agency who resigned last Thursday, laid the blame on her ongoing efforts to compel Dow Chemical to clean up its decades-old dioxin pollution from its flagship plant in Midland, Michigan. Gade is a lifelong Republican who has been praised by Democrats and environmentalists as “one of the most seasoned and experienced environmental policy-makers in the country,” “a woman of unquestioned credentials and integrity,” and “a highly-qualified and well-regarded official.”

Dave Camp (R-MI)

But Michael Hawthorne reports for the Chicago Tribune that there is at least one official who disagrees:

“In 20 years of public life I have never encountered a more unprofessional, vindictive and insulting government official,” said U.S. Rep. Dave Camp (R-Mich.), whose wife is a former Dow attorney.

What could possibly motivate the nine-term Republican congressman representing Michigan’s Fourth District to make such a strongly worded statement?

Dave Camp Is A Dow Chemical Millionaire. Camp graduated from Midland Dow High School in 1971. In 1994, he married Nancy Keil, an attorney who was working for Dow Chemical at the time. Based on financial disclosure statments, Rep. Dave Camp is worth $3.6 million to $6.9 million, including Dow Chemical Co. stock valued at $500,001 to $1 million and his wife Nancy’s Dow Chemical 401(k) at $100,001 to $250,000. [Detroit News, 7/7/06]

Dow Chemical Fills Dave Camp’s Campaign Coffers. In his freshman term in 1990, Camp received “more than $100,000 from Dow Chemical sources,” the most money any member of Congress received then from any single company. Camp has received at least $298,685 in campaign contributions from Dow Chemical in his career. [Los Angeles Times, 7/1/1992; Center for Responsive Politics]

Dave Camp Scores Zero On The Environment. The League of Conservation Voters gave Rep. Camp (R-MI) a zero rating for the 110th Congress based on twenty key environmental votes this session. He has not scored above 10% in the last decade. [LCV Scorecard]

Dave Camp Believes In Federal Taxdollars Paying To Clean Up The Great Lakes. Press releases on Rep. Camp’s website call for the Great Lakes Fish and Wildlife Restoration Act to be funded at $20 million a year instead of $16 million, promote the passage of the $1.71 billion Water Quality Investment Act, and celebrate the $2.75 million in local watershed earmarks he included in the 2008 Energy and Water Appropriations Act. Dow Chemical, the 169th largest company in the world, had sales of $53.5 billion in 2007. [Rep. Camp press releases; Forbes.com]

Dave Camp is only one of several Michigan political officials with strong ties to Dow Chemical who have fought environmental regulation of its dioxin pollution. On September 29, 2004, Camp told the Detroit Free Press, “We have a party responsible for the contamination who wants to do the right thing.” Somehow, Dow Chemical has still managed to avoid cleaning up the waterways downstream of its plant, which it has been operating since 1897.

Mary Gade, the Region 5 Administrator for the Environmental Protection Agency, abruptly resigned yesterday in the midst of a battle with Dow Chemical over its refusal to clean up decades-old dioxin pollution from its headquarters in Michigan. As Michael Hawthorne reported in the Chicago Tribune:

Gade told the Tribune she resigned after two aides to national EPA administrator Stephen Johnson took away her powers as regional administrator and told her to quit or be fired by June 1.

He further reported that one of those officials had recently assessed her performance as “outstanding“:

Five months ago, a top U.S. Environmental Protection Agency official gave Mary Gade a performance rating of “outstanding.” On Thursday, the same official told her to quit or be fired as the agency’s top regulator in the Midwest.

As the EPA organizational chart indicates, the regional administrators report directly to the office of EPA Administrator Stephen L. Johnson:

EPA Organizational Structure (Detail)

So who can the “two aides to national EPA administrator Stephen Johnson” who “took away her powers” be? The following are the most likely suspects. Read more

The investigation into the firing of Environmental Protection Agency regional administrator Mary Gade has just begun. But this is not the first EPA scandal involving Dow Chemical’s plant in Midland, Michigan. In 1983, a dioxin-laced scandal involving the very same plant led to a dramatic shakeup of Reagan’s EPA, when Mary Gade was a young staffer at the agency.

As the New York Times reported in an April 19, 1983 story, Dow Chemical’s illegal attempts to avoid responsibility for its dioxin contamination began as far back as 1965:

Almost 20 years ago, scientists from four rival chemical companies attended a closed meeting at the Dow Chemical Company’s headquarters. The subject was the health hazards of dioxin, a toxic contaminant found in a widely used herbicide that the companies manufactured.

Shortly after the meeting, in Midland, Mich., on March 24, 1965, one of those attending wrote in a memorandum that Dow did not want its findings about dioxin made public because the situation might ”explode” and generate a new wave of government regulation for the chemical industry.

The “new wave” of regulations did come to pass, with the Environmental Protection Agency established in 1970 to enforce those laws. However, under President Ronald Reagan, the Environmental Protection Agency colluded with Dow Chemical to hide its responsibility for dioxin contamination:

Three weeks ago, for example, agency officials in Chicago told the Investigations Subcommittee of the House Committee on Energy and Commerce that their superiors in Washington ordered them to change an important report on dioxin to comply with the wishes of Dow.

The key deletion from the report was the following central conclusion about Dow’s Midland plant: ”Dow’s discharge represented the major source, if not the only source, of TCDD contamination found in the Tittabawassse and Saginaw Rivers and Saginaw Bay in Michigan.”

The Reagan administration doggedly attempted to cover up the scandal. As Maureen Dowd reported in Time Magazine in March 1983, President Reagan “tried to down-play the problems, blaming the press for exaggerating the story.” However, a congressional investigation exposed the extent of Dow Chemical’s influence over the EPA, leading to the dismissal of EPA Administrator Anne McGill Burford and 12 other officials:

Anne McGill Burford, for example, made at least two trips to Midland, Mich., in her 22 months as the head of the Environmental Protection Agency. Rita M. Lavelle, the former head of the Government program to clean up toxic waste dumps, met at least 14 times with Dow officials in the 11 months she held office.

Mrs. Burford, Miss Lavelle and 11 other political appointees recently resigned or were dismissed amid Congressional inquiries on allegations that the agency’s toxic waste program had been mishandled.

Like the dioxins still contaminating the waters of Saginaw Bay, it appears that Dow Chemical’s toxic influence over the Environmental Protection Agency continues to this very day.

(HT: Dave Dempsey, the Great Lakes Blogger and prominent Michigan environmentalist.)

UPDATE: As Michael Hawthorne reports in the Chicago Tribune, Dow Chemical and the business lobby are still fighting the public relations war:

“There is all of this mystique about dioxin,” said John Musser, a Dow spokesman. “Just because it’s there doesn’t mean there is an imminent health threat.” [...]

Bob VanDeventer, president of the Saginaw County Chamber of Commerce, said local leaders are trying to fight the perception that dioxin makes the area unsafe. He argued “not one illness” can be attributed to dioxin and insisted the only way someone could be exposed to dioxin is if they “eat the dirt.”

Yesterday, the Environmental Protection Agency dismissed Midwest regional administrator Mary Gade, one of ten such officials appointed directly by EPA Administrator Stephen L. Johnson. Gade — a lifelong Republican and a prominent supporter of George W. Bush‘s pursuit of the presidency in 2000 — told the Chicago Tribune, “There’s no question this is about Dow.” Gade was locked in a battle with Dow Chemical over the cleanup of dioxin poisoning from its world headquarters in Michigan. As former EPA official Robert Sussman writes in the Wonk Room, “To remove a Regional Administrator because of a disagreement over policy at an individual site is unheard of.”

Senator Sheldon Whitehouse (D-RI) just spoke on the Senate floor about Gade’s firing. Whitehouse compared her firing with the U.S. Attorney scandal that enveloped the Department of Justice and led to Attorney General Alberto Gonzales’s resignation:

We do not yet know all the details of Ms. Gade’s firing, or everything that may have gone on between her office and Dow Chemical. But from everything that we’ve heard and seen so far, it looks like déjà vu all over again. From an administration that values compliance with its political agenda more than it values the trust or the best interests of the American people. Last year we learned that this is an administration that wouldn’t hesitate to fire capable federal prosecutors when they wouldn’t toe an improper party line. Today it seems that the Bush Administration might have once again removed a highly qualified and well-regarded official whose only misstep was to disagree with the political bosses.

Watch it:

Sen. Whitehouse also announced that he is conducting an oversight hearing into the politicization of the EPA and the circumstances of Gade’s dismissal next Wednesday. The last time EPA Administrator Stephen Johnson testified before Sen. Whitehouse, he put in a shameful performance, leading Whitehouse to state:

In my short time in Washington, I didn’t think I would again encounter a witness as evasive and unresponsive as Alberto Gonzales was during our investigation of the U.S. Attorney scandal. Unfortunately, today EPA Administrator Johnson stooped to that low standard.

UPDATE: Kate Sheppard at Gristmill writes that, according to an Energy and Commerce Committee spokesperson, Committee Chair John Dingell (D-MI) “is concerned about this and has asked his oversight staff to look into it.”

UPDATE II: Sen. Dick Durbin (D-MI) noted that Gade stepped down “the same day that Indiana forwarded its final draft air permit for the BP Whiting plant to EPA Region 5 for its review.” He has “asked for a meeting with the Administrator of EPA so that I can better understand why Ms. Gade has been placed on administrative leave,” and called on President Bush to “act swiftly to fill this important position with an administrator who will protect Lake Michigan and the communities that surround it.”

Sen. Whitehouse’s full remarks on politics at EPA, as prepared for delivery: Read more

Our guest blogger is Robert M. Sussman, a Senior Fellow at the Center for American Progress Action Fund and former Deputy Administrator of the Environmental Protection Agency.

Mary Gade

In a highly unusual move, EPA Administrator Steve Johnson reportedly stripped the Administrator of EPA Region 5, Mary Gade, of her powers and told her to quit or be fired by June 1. Mary is a loyal Republican and one of the most seasoned and experienced environmental policy-makers in the country.

In addition to many years as a career employee in Region 5, Mary was appointed by Republican Governor Jim Edgar to head the Illinois Environmental Protection Agency. She served in that position with distinction, chairing the multi-state Ozone Transport Assessment Group which recommended groundbreaking controls of NOx emissions throughout the Eastern US. Mary was also the head and co-founder of the Environmental Council of the States, an influential and respected group of top environmental officials from state agencies.

While the facts are still coming to light, Mary has said that EPA political leaders wanted to block the Region from taking aggressive action to clean up dioxin contamination near the Dow Chemical facility in Midland, Michigan and removed her from her position because she would not go along. This would be an unprecedented and highly irregular action by EPA political management. The regions traditionally have broad discretion in handling cleanups.

To remove a Regional Administrator because of a disagreement over policy at an individual site is unheard of.

If Mary stood up for her career staff and pushed for strong action to abate contamination, she was only performing her job under the environmental laws as she saw it. It is hard to believe that Mary, an astute and successful lawyer in private practice with a long track record of implementing the federal contamination laws, would overstep legal boundaries. If her only sin was zeal in protecting the public, firing her was wrong and will send a troubling message to EPA employees all across the country who are trying to do their jobs. Clearly, it’s up to Steve Johnson to explain why he fired Mary and up to Congress to investigate the circumstances.

A staunch Bush supporter, Mary said in 2000 that “Governor Bush in two terms has put together a stronger bipartisan record on conservation and the environment than Al Gore has in twenty-plus years in Washington, D.C., precisely because Bush puts action and results above talk and posture.” Mary’s firing sadly demonstrates that “action and results” are not encouraged or rewarded at Mr. Bush’s EPA.

The Wonk Room has previously described Environmental Protection Agency Administrator Stephen L. Johnson as “the environment’s Alberto Gonzales.” After years of scandal as White House Counsel and Attorney General, Gonzales finally resigned after it was revealed that numerous U.S. attorneys were fired without cause under his watch.

Now it seems the EPA is following the Department of Justice’s efforts to rid itself of staffers who are not “loyal Bushies.”

The Chicago Tribune reports:

The Bush administration forced its top environmental regulator in the Midwest to quit Thursday after months of internal bickering about dioxin contamination downstream from Dow Chemical’s world headquarters in Michigan.

In an interview with the Tribune, Mary Gade said two top political appointees at the U.S. Environmental Protection Agency headquarters in Washington stripped her of her powers as regional administrator and told her to quit or be fired by June 1.

As a congressional investigation revealed this week, the EPA’s regulation of toxic chemicals like dioxin has been corrupted by interference by the White House. But this case is even more egregious:

For the past year, Gade has been locked in a heated dispute with Dow about long-delayed plans to clean up dioxin-saturated soil and sediment that extends 50 miles beyond its Midland, Mich., plant into Saginaw Bay and Lake Huron. [. . .]

Though regional EPA administrators typically have wide latitude to enforce environmental laws, Gade drew fire from officials in Washington last month after she sent contractors to test soil in a Saginaw neighborhood where Dow had found high dioxin levels.

She said top lieutenants to Stephen Johnson, the national EPA administrator, repeatedly questioned her aggressive action against Dow, which long ago acknowledged it is responsible for the dioxin contamination but has resisted federal and state involvement in cleanup plans.

Gade told the Chicago Tribune, “There’s no question this is about Dow.” When Johnson appointed Gade to her position in 2006, he praised “her impressive environmental career,” saying, “Mary is well-prepared to lead the Agency’s largest regional office.”

UPDATE: In 2000, Mary Gade wrote optimistically about environmental policy in a Bush administration:

To the question of politics — or, I hope, the lack thereof. A successful twenty-first-century environmental policy will require a leader who can reach across partisan lines and bridge political differences on what should be the ultimate nonpartisan issue. It also will require a President who recognizes that environmental issues don’t respect national borders and who can credibly address these complex issues on the international stage. I confess, I’m a Republican and a supporter of Texas Governor George W. Bush. I believe Governor Bush in two terms has put together a stronger bipartisan record on conservation and the environment than Al Gore has in twenty-plus years in Washington, D.C., precisely because Bush puts action and results above talk and posture.

UPDATE II: Via Daily Kos user LakeSuperior, Michigan Environmental Council President Lana Pollack calls Mary Gade “woman of unquestioned credentials and integrity who was doing her job enforcing our environmental laws”:

If Mary Gade were indeed forced out because she was willing to enforce environmental laws against Dow Chemical, then it is a travesty.

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