If you are a politician these days, you can't miss by having a press conference about the oil-by-rail issue. Chuck Schumer, known for his relentless press conferencing ability, appears to be a champion of safety when it comes to New York and the trains that are rolling all across that state. But if you attended any of the congressional hearings on rail safety, since the Lac-Megantic disaster, you wouldn't see Chuck there. Chuck knows a good press op when he sees one. But he isn't going to sit through a hearing and ask questions.
And while the politicians talk a good game, they don't do anything. Meanwhile, the new regulations for oil-by-rail are currently being reviewed by the White House Office of Information and Regulatory Affairs (OIRA). OIRA is an interesting branch of government. The head of it is appointed by the president. The public gets almost no information on what OIRA does when finalizing regulations. But OIRA does have meetings with people who want to have input on the regulations. Not with politicians. But with lobbyists, former government regulators turned lobbyists, and members of the industries that are putting the public at risk so that they can have higher profits. Which is why the Wall Street Journal went so far as saying OIRA was where activists thought "environmental, workplace safety, consumer products and other areas of regulation often stalled or died."
President Obama has appointed two people to head up OIRA. The first was Cass Sunstein, who is considered one of the President's mentors. Sunstein and the President were colleagues at University of Chicago. They know each other well. In 2009, Sunstein let the Wall Street Journal know his opinion of the president's take on regulation.
"He's a University of Chicago Democrat, so he's very attuned to the virtue of free markets and the risks of free-market regulation. He's not an old-style Democrat who's excited about regulations" for their own sake.
If you are reading this on the Daily Kos, you might want to thank Cass Sunstein for your newfound notoriety. Cass isn't a fan of your work
if you are criticizing government.
Sunstein advocates that the Government’s stealth infiltration should be accomplished by sending covert agents into “chat rooms, online social networks, or even real-space groups.” He also proposes that the Government make secret payments to so-called “independent” credible voices to bolster the Government’s messaging
As an independent credible voice, I'm disappointed Cass hasn't offered me some cash. But now that he is back at Harvard, that bastion of liberal views and champion of privacy, perhaps he has had a change of heart. Don't expect to see Cass at any
oil industry divestment rallies. Good for those kids at Harvard keeping the pressure on.
Anyway, people have said it before me, but Cass Sunstein is the "Ultimate Bootlicker to the Powers-That-Be." Nice work, Mr. President.
But Cass is gone. After a bit of a dust up about him holding up regulations for the oil industry to help President Obama's re-election.
And in his place is Howard Shelanski. Someone you have probably never heard of but if you live near a rail line that is being used for Bakken crude oil trains, you might want toget to know.
When Richard Revesz, Dean Emeritus of New York University Law School, introduced Howard Shelanski at his only public appearance so far during his tenure as Administrator of the White House Office of Information and Regulatory Affairs (OIRA), Revesz described Shelanski as, “from our perspective, close to the most important official in the federal government.”
The most important official in the federal government. In these times when congress does nothing, this might be a guy to keep an eye on. And he currently has the latest oil-by-rail regulations in his office. And who
is he talking toabout how to keep us safe?
A DeSmogBlog review of OIRA meeting logs confirms that in recent weeks, OIRA has held at least ten meetings with officials from both industries on oil-by-rail regulations. On the flip side, it held no meetings with public interest groups
The only people the President's appointee is talking to are members of the oil industry and the railroad industry. And while the oil industry is smart enough to not bring slides to their presentations at the White House,
the rail industry did. And their slides were quite revealing. They didn't talk about safety at all. They spent their time in the White House, saying how things like improving braking or slowing down trains would cost
them money and thus were pointless to pursue. Despite the obvious safety advantages. For the general public. Who had no representatives at those meetings.
We all now know the dangers of moving the Bakken crude by rail. We are approaching the one year anniversary of the disaster in Lac Megantic. At the same time, the lobbyists for the oil and rail industry are getting private meetings in the White House to argue that there is no need for new regulations.
Making the transportation of Bakken crude safe is simple. The natural gas liquids need to be stripped out of the oil in North Dakota. And the oil needs to be put in much safer tank cars. But that would cost the oil and rail industry a few billion dollars. And they aren't willing to spend that money.
It should be noted that the industry was willing to spend almost $350 billion in 2013 to chase more profits.
Led by an investment boom in pipeline construction, capital expenditures for oil and gas projects in the US will increase 10% to $348 billion in 2013, following a 7% increase in spending last year
$350 billion for more profits. A few hundred grand to some suits in DC to lobby against having to spend on safety for the rest of us. Say "Hi!" to Cass Sunstein and his government plants in the comments.