Tuesday, Sept. 2, 2003 | 9:32 a.m.
LATER THIS MONTH the U.S. Senate will be considering President George W. Bush's nominee to head the Environmental Protection Agency, Utah Gov. Mike Leavitt. More than two months ago, however, the Salt Lake Tribune commented that Leavitt had shown wisdom by initially turning down any consideration for the job.
The opening paragraph in the Tribune's editorial told readers: "If Gov. Mike Leavitt, no longer a candidate for the top job at the federal Environmental Protection Agency, ever stops to lament the road not taken, he can console himself by noting the apparent lack of clout, much less respect, that the post carries at the White House these days."
The editorial writer went on to add: "Anyone with less-than perfect environmental credentials, such as Leavitt, is likely to be skewered by Democratic senators during the confirmation process. And anyone who cares at all about good government, such as Leavitt, is unlikely to draw satisfaction from running an agency that the administration would rather not have to deal with."
So what has changed since these comments were made in June? Several things, including polls that show Leavitt could have a difficult time if seeking a fourth term in the statehouse. Also, the leading candidate for the job, Idaho Gov. Dirk Kempthorne, although willing to accept the appointment, might have had more confirmation problems than Leavitt. Kempthorne, a former senator, left a poor environmental record in Washington, D.C. While in the Senate he had sided only once in 70 votes with environmentalists on important issues.
Both Kempthorne and Leavitt are gentlemen and proven public servants. They also have reputations that point to their ability to work with other people. Only about three years ago Leavitt appeared before the Sun editorial board and answered questions openly and intelligently. I was impressed with his presentation and philosophy he calls enlibra, which is Latin for "in balance." For Leavitt, enlibra all boils down to reaching decisions by working together for the common good.
Leavitt did an excellent job when using enlibra by bringing together the Western governors and Indian tribes to agree on how to meet the challenge of brown haze in the Grand Canyon. Environmentalists have applauded this accomplishment, but they have legitimate concerns about Leavitt's lack of protection of wilderness areas and wetlands. Although he has protected Utah from nuclear waste, he has, along with his senators, willingly pushed it toward Nevada.
There will be a fight over Leavitt's nomination but when everything has been said and done, he will become the new administrator for the Environmental Protection Agency. Opponents to his nomination should make their feelings known but it really doesn't make much difference who the EPA administrator is. The Bush White House has already made clear that it will set the environmental agenda. Just ask the last administrator, former New Jersey Gov. Christine Todd Whitman.
Leavitt will immediately face some thorny decisions. One proposal would weaken the Clean Water Act and remove the government protections from a large number of wetlands, streams and lakes. Another would weaken a provision in the Clean Air Act, which requires old power plants to update their pollution control methods. The home builders want the weakening of the provisions in the Clean Water Act and the fossil fuel millionaires want to weaken the Clean Air Act. Both businesses have great influence in the White House.
Last week the White House pushed Acting EPA Administrator Marianne Horinks into signing a rule that guts the Clean Air Act's "New Source Review." This won't take the heat off Leavitt, because he will have to defend it before the Senate. Even the governor's own Utah air quality chief made his feelings known about this action when it was proposed several months ago. He called the weakening of the New Source Review a "step backwards." He also called it a "train wreck" for all efforts to provide clean air.
Leavitt, like Whitman, is a good governor going into a tough job where there is little room to make positive executive decisions. Enlibra worked with governors in the West and with Indian leaders but there is ample reason to doubt it will be effective at 1600 Pennsylvania Ave.
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