LEVELING WITH LEAVITT

Environmentalists and Democratic senators should not expect Utah Gov. Michael Leavitt’s nomination to head the Environmental Protection Agency to be rejected. But they, and Republican senators, too, should put the president’s choice to head the beleaguered agency on notice that EPA’s recent record on environmental issues is not acceptable.

Now that the Senate Environment and Public Works Committee approved Gov. Leavitt’s nomination earlier this week – two weeks after Democrats on the committee delayed the vote by boycotting a meeting – a battle is likely to ensue on the Senate floor. Although Mr. Leavitt’s supporters say opposition to his nomination is rooted in presidential politics – Democratic contender Sen. Joseph Lieberman of Connecticut voted against the nomination at the committee level and he is joined by fellow Democratic senators and presidential hopefuls John Kerry of Massachusetts and John Edwards of North Carolina is saying they will block a vote on the Senate floor – the concerns run much deeper than that.

There is much reason to worry that the Bush administration’s environmental policies are doing more damage than good. Senators, including Maine’s Olympia Snowe and Susan Collins, must let Gov. Leavitt know that this is unacceptable.

It is unacceptable that states, including Maine, have to go to court to compel the EPA to enforce the Clean Air Act when it comes to carbon dioxide emissions. The states plan to sue the EPA later this month because the agency says it lacks the authority to regulate green house gas emissions, a major contributor to global warming, from tailpipes and other sources.

It is unacceptable that the EPA’s acting administrator signed into law a provision allowing thousands of manufacturing and power plants and refineries to make major upgrades without installing new pollution-control equipment. This is clearly counter to the intent of the Clean Air Act, which “grandfathered” such plants in the 1970s allowing them to make upgrades without installing new emissions control equipment on the assumption that they would be out of business by now. The revised new source review law, allowing upgrades to up to 20 percent of a plant per year without accompanying emissions improvements, was signed by the acting administrator before Gov. Leavitt’s hearings, presumably so he would not take the heat for this action.

It is unacceptable that the EPA has not released an analysis showing that a plan to reduce power plant emissions from Sen. Thomas Carper of Delaware would do so more quickly and effectively than President Bush’s “Clear Skies” initiative. The agency also has yet to complete an evaluation of climate change legislation that is tougher on carbon dioxide than the administration’s proposal. Presumably under pressure from the White House, the EPA also removed references to global warming from its Draft Report on the Environment.

So, it is encouraging that Sen. Collins has asked to meet with Gov. Leavitt to discuss her concerns about the agency’s stance on new source review, mercury pollution, global warming and other issues. She should expect and get candid answers.

Once those answers are shared with her Senate colleagues and the public, it will be up to Gov. Leavitt to convince lawmakers that the EPA under his guidance will protect the environment, as the agency’s name requires.