RESOURCES:  Panel's Democratic leader pledges to protect NEPA, end 'royalty relief'

E&E Publishing

November 8, 2006

West Virginia's Nick Rahall -- in line to take the House Resources Committee gavel after the Democratic takeover of the House -- vowed today to work to protect environmental laws and curb "royalty relief" for offshore petroleum drilling.  

Rahall figures to succeed California Republican Rep. Richard Pombo who was defeated by Democrat Jerry McNerney in California 's 11th District, 53 percent to 47 percent.  

If selected as the next committee chairman, Rahall said he would focus on protecting "right-to-know" laws such as the National Environmental Policy Act that have been under attack by Republicans in recent years, as well as act on controversial outer continental shelf (OCS) oil and gas royalty relief payments from the Interior Department.  

"As Resources Chairman, I will maintain NEPA, end royalty holidays in the OCS and giveaways under the Mining Law of 1872, prioritize the reclamation of abandoned coal mines and miners, advance Native American health care, and tackle territorial issues such as political self determination," Rahall said in a statement to Greenwire. "Together, endowment and empowerment will work side by side as the guiding principles of this committee."  

Rahall said he would also work on natural resources conservation -- an issue on which many Democrats and environmentalists have consistently criticized the Bush administration. "Many of our most significant resources are still not properly cared for and protected -- whether it be roadless areas in national forests, the crumbling national parks, threatened and endangered species, or the integrity of our oceans and our fisheries," Rahall said.  

As the panel's ranking member, Rahall is favored to take over the gavel, but persistent rumors have Rep. Ed Markey (D-Mass.) seeking the position, though observers question whether the Democrats would want to place someone from New England atop the panel that oversees mostly Western lands. A third candidate, former Chairman George Miller (D-Calif.), is expected to seek the top post on the Education and the Workforce Committee.  

As ranking member, Rahall has shown an interest in reforming BLM's oil and gas programs, the 1872 Mining Law and taken a lead role in the attempt to prevent the slaughter of wild horses and burros. The panel may also take a leading role in promoting alternative energy sources, such as wind and biofuels.  

Observers do not expect an attempt to combat many of the Pombo-supported initiatives, such as environmental exemptions in last year's Energy Policy Act, the transportation bill and the 2003 Healthy Forests Restoration Act that included NEPA waivers for specific classes of projects.  

"You wouldn't see Chairman Rahall, if that is how it ends up, taking that approach," said Marty Hayden, Earthjustice vice president of policy and legislation. "I think he'd be more thoughtful about what issues he took on and how he takes them on.  

"Generically speaking you'd see solutions that look more broadly as opposed to saying the answers to all our ills is to get rid of NEPA, or ESA or the application of environmental laws," Hayden added.  

The Democrats are also likely to dramatically increase oversight of the Bush administration public lands and natural resources agencies and policies, and critics say a Democratic Congress would have a long list of places to start.  

Possible targets include the Bureau of Land Management's offshore oil and gas royalty relief program, BLM's push for increased energy development in the interior West, the National Park Service's maintenance backlog, the Forest Service firefighting budget, and questions about a senior Interior official challenging scientists' recommendations on ESA listings. Interior Deputy Secretary Julie MacDonald overruled scientific findings on behalf of affected landowners or industry six times, according to documents from two environmental groups released last month (E&E Daily, Nov. 7).  

Close races  

Pombo's loss puts the post of ranking member up for grabs for the Republicans. Rep. Don Young ( Alaska ), the panel's chairman from 1995-2001, has the most seniority. After Young are Reps. Jim Saxton (N.J.), Elton Gallegly ( Calif. ) and John Duncan ( Tenn. ).  

Along with Pombo, several other committee Republicans were forced to sweat out election night as Democrats attempted to capture seats once thought safe for the GOP. For instance, Rep. J.D. Hayworth (R-Ariz.) fell to Arizona state Sen. Harry Mitchell (D), 51 percent to 46 percent.  

Two races remain too close to call. As of press time, Vice Chairwoman Barbara Cubin (R-Wyo.) leads Democrat Gary Trauner by 822 votes, with 99 percent of precincts reporting, according to CNN. And Rep. Heather Wilson (R-N.M.) leads New Mexico Attorney General Patricia Madrid by about 1,300 votes.  

But other Republicans thought vulnerable managed to squeak by. In Arizona , Rep. Rick Renzi defeated Ellen Simon (D), 51 percent to 44 percent. Rep. Thelma Drake held on to her seat in the Virginia 2nd District, 51 percent to 49 percent over Phil Kellam. Rep. Marilyn Musgrave ( Colo. ) defeated Angie Paccione, 46 percent to 43 percent. And Cathy McMorris defeated Peter Goldmark in eastern Washington , 55 percent to 45 percent.  

Enviros take victory lap

Environmental groups are already touting Pombo's defeat as perhaps their biggest Election Day accomplishment in several years because virtually every major organization poured money into the contest, far exceeding even the funds spent by the McNerney campaign itself.  

"Pombo's loss represents the most significant electoral victory the environmental movement has seen in decades," said Rodger Schlickeisen, president of Defenders of Wildlife. "It should now be clear to all that we have the political strength to take on and defeat extreme anti-environmental politicians, even powerful chairmen of congressional committees."  

Pombo's defeat -- viewed by most experts as extremely unlikely just a few months ago -- was in large part manufactured by corruption charges levied against the seven-term lawmaker and slight demographic shifts in the district, not to mention an all-out financial effort from environmental groups.  

Some analysts attributed Pombo's downfall to the wave of discontent with Republicans and voters' association of him with corruption and scandal.

Mike Hardiman, a former Pombo staffer who campaigned in his district last week, said those sentiments dominated the campaign.  

"Pombo was not defeated on environmental issues, but on corruption and ethics," said Hardiman, a lobbyist for property rights groups.  

"I'm a Republican, and I didn't vote the ticket because I believe the Republican Party has become way too conservative," voter Mitch Waterman told the Tracy Press yesterday. "They're so far right-winged, it's scary."  

Corruption was the centerpiece of campaign materials for Defenders of Wildlife action fund and other environmental groups that blasted Pombo.

But Bob Irvin, the senior vice president for conservation programs at Defenders of Wildlife, said that was not divorced from environmental issues.  

"It is difficult to separate the two," Irvin said. "Pombo's extreme environmental policies are linked directly to the issues of corruption that surrounded him."  

Resources subcommittees  

The change in House leadership will also bring a new set of leaders to the subcommittees with direct oversight of agencies such as the National Park Service, Forest Service and Bureau of Reclamation.  

Forests and Forests Health -- Rep. Tom Udall (D-N.M.), the panel's ranking member, is in line to succeed Rep. Greg Walden (R-Ore.). Walden pushed through legislation to increase salvage logging on national forests through the House this year and was a major force behind the 2003 Healthy Forests bill.

National Parks -- Del. Donna Christensen (D-V.I.) is the current ranking member and would succeed Rep. Steve Pearce (R-N.M.).

Energy and Minerals -- Rep. Jim Gibbons (R-Nev.) was leaving anyway, as he vacated his House seat to pursue the Nevada governor's office. Rep. Raul Grijalva (D-Ariz.) will likely take the gavel. For the GOP, after Gibbons on the seniority list are Young and Cubin.

Water and Power -- Rep. Grace Napolitano (D-Calif.) is the ranking member; Rep. George Radanovich (R-Calif.) is the current chairman.

Fisheries and Oceans -- Rep. Frank Pallone (D-N.J.) is the likely candidate to succeed Rep. Wayne Gilchrest (R-Md.).

Reporters Allison A. Freeman and Alex Kaplun contributed to this story.

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