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A Letter to Governor Schwarzenegger from His Former Chair of the Air Resources Board

• "My single regret is that is that you and I never once met during the past 18 months to discuss any of the critical air quality or global warming issues facing California."

• "Governor Schwarzenegger, your staff has interjected itself in a manner that has compromised the independence and integrity of the board."

• "Press releases from the Governor’s staff, which are contrary to reality or truth, are a disservice to you and to the people of California."

[Editor's note: Robert Sawyer was appointed by Governor Schwarzenegger to head the California Air Resources Board, which is given primary responsibility to implement AB 32, the landmark global warming bill and to clean up our state's air. Before coming to Friday's Assembly committee hearing, he stopped by the Governor’s office and left this letter. He then read this letter into the committee's record as his opening remarks.]

Robert F. Sawyer
Class of 1935 Professor of Energy Emeritus
University of California at Berkeley

6 July 2007

Governor Arnold Schwarzenegger
The State of California
Sacramento, California

Dear Governor Schwarzenegger:

I accepted your appointment to chair the California Air Resources Board because of our common, strong commitments to protecting the environment and to addressing global warming. I am honored to have served as the Board chair for the past 18 months, and I am proud of the Board’s many actions to improve air quality in California and to launch California’s global warming program.

Air Resources Board actions have included: the continuing development of the scientific basis for its actions through a strong research program, the identification of environmental tobacco smoke as a toxic air contaminant, non-regulatory actions with the railroad industry to improve risk assessment and to reduce locomotive emissions, adoption of the emissions reduction plan for the goods movement sector, banning of the use of perchiorethylene for dry cleaning, emission standards for forklifts and other industrial equipment, modifications to the portable equipment registration program, tightening of regulations of hexavalen chrome, regulation of in-use heavy-duty emissions, limiting onboard incineration of oceangoing ships, reduction of toxic emissions from stationary agricultural engines, expansion of the consumer product and aerosol coatings regulations, adoption of a more health protective nitrogen dioxide air quality standard, strengthening of light duty vehicle emissions warranty provisions, reduction of formaldehyde emissions from composite wood products, development of the state implementation plan for compliance with the new federal ozone air quality standards including approval of the San Diego and San Joaquin Valley Air Quality Management District plans and on-going multi-level efforts with the South Coast Air Quality Management District, review of the Zero Emissions Vehicle program and instructions to ARB staff for modifications to encourage the production and use of electric and plug-in hybrid electric vehicles, consideration of regulations of off-road diesel equipment, adoption of above-ground storage tank emissions regulations, and the planning and initiation of AB32, The California Global Warming Solutions Act of 2006, including the identification of early actions items and other regulations to be considered for adoption by the Air Resources Board.

My single regret is that is that you and I never once met during the past 18 months to discuss any of the critical air quality or global warming issues facing California.

The more than 1000 ARB staff members have rightfully earned the ARB’s reputation as the world’s premier air quality regulatory agency. These scientists, engineers, economists, lawyers, support staff, and more have the skills necessary for the conception, design, implementation, and enforcement of environmental regulatory policy. California is fortunate to have their dedicated service. I am proud to have been their leader and their colleague.

The traditional independence of the Air Resources Board has served the people of California well. The ARB has turned the policy directions from the legislature and from the governor into improved air quality. This is a complex process, which, most importantly, consistently has been based on sound science. It is an open process in which members of the public and affected parties express their views at workshops and board hearings. It is a deliberative process that must involve compromise, that must consider both the health of our citizens and the strength of our economy. The ARB uniquely has the expertise, experience, and structure to carry out this process.

The governor’s staff has the task of conveying policy directions from the governor to the ARB. However, Governor Schwarzenegger, your staff has interjected itself in a manner that has compromised the independence and integrity of the board.

The directions your staff and one of your former staff members delivered to me and to other Air Resources Board members just prior to and even during our June board meeting were particularly offensive. Instructions not to propose additional climate change early-action measures to the list of three previously approved by your staff were inappropriate. The actions of your staff also were contrary to the open meeting tradition of board deliberations. Their directions also were contrary to discussions at my preboard meeting with your staff. Following the June board meeting, I met with your Chief of Staff to express my concern and displeasure with both the problem of mixed messages and the level of interference that your staff was exerting upon the Air Resources Board. She rejected both of my concerns and informed me that you had rescinded my appointment five days earlier.

Press releases from the Governor’s staff, which are contrary to reality or truth, are a disservice to you and to the people of California.

The San Joaquin Valley air quality management plan resulted from years of developing the scientific understanding of air quality in the San Joaquin Valley, promoting and assessing the needed technology, understanding the economic implications of alternative control strategies, and, finally, following the legal process outlined in the United States Clean Air Act. The staffs of the San Joaquin Valley Air Quality Management District and of the Air Resources Board developed, and the respective boards, following lengthy public deliberation, adopted a sound plan to bring ozone levels in the San Joaquin Valley into compliance with the new federal 8-hour ozone air quality standard. Both boards instructed their staffs to identify and implement additional measures to accelerate meeting the standard before the deadline. There is no 11-year delay in improving air quality in the San Joaquin Valley: moving the deadline from 2012
to 2023 is the legal construct of the Clean Air Act. There is no mixed message to the United States EPA. The ARB’s aggressive pursuit of a waiver to implement the Pavley greenhouse gas emissions standards for motor vehicles, with your strong support, deals with California’s global warming program. The state implementation plan deals with attainment of the new federal ozone standard. The United States EPA understands this difference.

The statement from your press office that you had encouraged the board to be more aggressive in controlling greenhouse gases and “to adopt a series of more aggressive action items” is contrary to fact. I and other board members were given clear instructions from your staff on the day of the board meeting that the direction from the governor’s office was to limit early action items to the three that had been agreed upon. Your Cabinet Secretary clearly directed in a voicemail message to me on the morning of the board meeting: “...we really prefer you to stick to the three [early action measures] That is the direction from the governor’s office.”

Your staff does not have sufficient expertise or experience in, or understanding of, the science, technology, economics, or legal aspects of air pollution control to direct the Air Resources Board in its work. The ARB staff members are professionals, and they will not let you down. Air Resources Board members represent a broad range of the California politics, professions, and expertise with a common commitment to clean air, and they will not let you down. Please instruct your staff to trust the ARB staff and board members to carry out California’s air quality and global warming programs.

Finally, Governor Schwarzenegger, I urge you to hire a personal science advisor who can counsel you on the science and technology of air pollution and global warming and who understands the economics and law of these issues.

Sincerely,
Robert F. Sawyer, PhD

Posted on July 08, 2007

Comments

What an extraordinary and courageous letter! How Dr. Sawyer remained level-headed and focused during all these months is inspiring....and his final request is far more than a last-minute "by the way," it's at the heart of the matter.

Thamk you to Dr. Sawyer for your dedication and to California Progress Report for publishing it!

-- Felix Kramer, Founder, The California Cars Initiative

Posted by: Felix Kramer at July 8, 2007 02:19 PM

Let's hope Dr. Sawyer cc'd his letter to Mary Nichols, the new chair of the Air Resources Board. I hope she insists on the same integrity for CARB that Dr. Sawyer sought to defend.

Posted by: Sherry Boschert, author, Plug-in Hybrids: The Cars That Will Recharge America at July 8, 2007 02:47 PM

Scientific fact should always lead ideology; and it seems from Dr. Sawyer's courageous comments that the Governor and his staff were giving short shift to the science that could lead to cleaner air and effectively address global warming issues. It is absolutely inappropriate and apalling that Dr. Sawyer and the rest of the Board had to deal with confusing, mixed messages in addition to their other duties. Let us hope that this "climate" changes for the better as the new ARB leader, Mary Nichols, begins her tenure.

Posted by: Linda Nicholes at July 8, 2007 11:19 PM

The governor won reelection largely based on his new found attitudes towards the environment. There was nothing in Dr. Sawyer’s letter that indicated that what the ARB was doing was counter to the environment. There was much in this letter that indicates to me that the governor and his staff worked hard to limit ARB’s actions. Dr. Sawyer’s firing and the subsequent resignation by Ms. Witherspoon is indications that the governor is willing to expend significant political capital in order to support business interests. Given that the governor has taken on so much political risk to advance the cause of business with his firing, why would he then put into position a person that would, at least on paper, appose his pro-business stance? All of the actions of the past few weeks are very disturbing to me. I don’t believe that all of this activity bodes well for plug-ins. I too commend Dr. Sawyer for his bravery.

Posted by: Joseph Lado at July 9, 2007 08:15 AM

What is hard to take is that this Berkely Professor had to report to Linda Adams who I do not believe even has a degree in science. Her Exec Biography doesn't mention one. Can anyone verify this? Why doesn't the Schwarzenegger just appoint some poodles?

Posted by: Casey Corliss at July 10, 2007 02:46 PM

Posted by: Casey Corliss at July 10, 2007 02:47 PM

Arnold has exposed himself as a non-team player. He doesn’t appear to have the understanding, patients and knowledge for governing. This is why many politicians can’t get anything done. They think they know it all. Hopefully this tragedy will create a more aware environment in the Governor’s office and put CARB in the spotlight. We really need to get it together and stop using so much oil. Can our “leaders” do anything for the people of America anymore? I hope so. I’m waiting to buy my plug-in car.

Posted by: Jeff at July 12, 2007 04:01 PM

I voted for Governor Schwarzenegger because I truly thought he had a regular persons point of view. But it sounds like he's become just another politician, going for the money or the cheap vote, which ever suits his needs at the time. I am very disappointed to hear that he has allowed unqualified staff members to interfear with or make policy for the ARB. Is he oblivious to what his staff is doing or does he just not care about global warming? I have been waiting for a decent electric car for years. Will I ever get one?
Linda in Santa Rosa, Sonoma County

Posted by: Linda at July 26, 2007 09:03 PM

I commend Dr. Sawyer for his 18 months of commitment not only to the great state of California but also to America and the world. California's commitment to cleaner air and cleaner environments has not only benefited California but the world. In my beloved Ohio I can only hope we begin to adopt a philosophy such as the people of California and Dr. Sawyer. Governor Arnold is just that. A short term elected offical and big business man. I commend Dr. Swayer for his bravery and commitment to integrity.

Posted by: Doug Lafever at July 28, 2007 09:01 AM

Dr. Sawyer should be doing cartwheels right now.

I know Doug Lafever, and I have observed his own personal bravery and integrity. What an endorsement to have!

Posted by: Rick Wade at August 10, 2007 11:03 AM

Make a statement, write the auto makers and don't buy a fully gas powered car. If you don't buy the product, the auto makers will have to change. My next car will be 100% electric.

Posted by: Christopher Greenwell at August 16, 2007 04:33 AM

It's sounds like he's just another george w bush. And look where he's taken us.

Posted by: mike melley at August 20, 2007 11:35 PM

Dear CARB:
I know I am way behind in my comment but, I recently
viewed the documentary "Who Killed the Electric Car".
If I were only mildly cynical before about Corporate
America's greed. I am immensely cynical now of government or the corporate will to ever help America.
Thanks to people like Sherry Boschert for her efforts to enlighten those of us who have been asleep.

Posted by: Jimmie Johnson at August 29, 2007 02:53 PM

I am educated but do not understand the hidden problems of CARB and other legislative answers to cleaning the California environment. I do know there is a problem because I can see the problem. I work at the Port of Los Angeles. I see hundreds of trucks on the 710 freeway blowing black smoke to excess, retread casings on the highway, shipping terminal trucks that never drive on public roads that blow excessive black smoke, railroad locomotives that idle excessively and blow even more excessive black smoke. When the air is still, all of these combustion engines make healthy people choke. How can we say promote commerce at any cost? Everyone is paying the cost now. We need scientifically educated legislators and political agility taught to the scientific community.

Posted by: Kevin & Lisa at September 2, 2007 10:44 PM

There is but ONE topic that they will not talk about.

What to do about Passenger vehicles?

20% of sales tax come from new car purchases.

Oil/gasoline taxes are extra and the DMV fees add into about $10Billion in state revenue per year.

In all, having too many cars on the road keeps the state a little more fat in the budget area.

At on of the ARB committee meetings, they spent about a 1/2 hour stratening someone out that when they said "conservation" they should have said "energy efficiency".

AB32 so far is looking like a scam.
- a scam by politicians who would rather hide behind the ARB than really work the issues directly
- a scam by politicians to start transfering taxation in the way we use automobiles. We will run out of oil in about 44 years, how else do you think they will get 80% reductions by 2050?
- a scam by environmental groups that have agreed not to be too agreesive in the area of passenger vehicles as long as the government will pay them off to plant trees in africa.
- and then there is Germany trying to work with California in the name of global warming because they sell cars and we Californian's buy them.

So basically, it is ALL ABOUT the CARS.

30,000,000 cars in California

We drink 12% of the worlds oil everyday. Most of that comes out of the ground in California.

California politicians have built a government based on taxing the sales of cars that will use up all the oil from the ground in California. Using up all the oil in the ground in California is a great way to get a high tax revenue rate for the state.

We are going to be out of oil in 44 years.

If your plane was going to run out of gas. Would you like the pilot to work on a safe landing before the gas runs out?

I wish we could work on the central issue.

One person per car is killing us slowly in so many ways.

Of course the boys in Iraq are dying right now so that we can have one person per car.

Posted by: TrafficBulldog at September 6, 2007 08:49 PM

I saw the last 30 minutes of who killed the ev1 yesterday and I am in shock, I was always cinical but this takes it to a new limit, Please GM give us the Volt also love your website I'll pass it on.

bluebaby

Posted by: bluebaby at October 19, 2007 12:40 PM

The oil is the least of our worries with Russia president talking about WWIII if troops don't leave Iraq soon. I am waiting for the NUKE to hit we have everyone pissed at us.

Posted by: Jeremy at October 22, 2007 11:29 PM

I cannot believe the lies and deceit from both this letter and the following posts. GLOBAL WARMING IS NOT MAN MADE, has anyone ever heard of the ice ages??? The earth goes through natural warming and cooling, the fires that are and have occurred from natural, yes natural causes (lighting, etc.), volcanoes (which irrupt 24hrs./day) cause more "global warming” than man could ever think of creating. Everyone of you get of your high horse and take care of your own issues. We are going to run out of oil in 44 years, from Ca, give me a break????? The author is naturally a Berkley taught lib, the following posts seem to be from people who don't have real jobs and drink up the kool aid from people like Michael Moore. People, you seriously need to see both sides.....Why are you so scared of nuclear energy???

Posted by: WOW at October 24, 2007 10:50 PM

Posted by: WOW at October 24, 2007 10:53 PM

Posted by: WOW at October 24, 2007 10:54 PM

I cannot believe the lies and deceit from both this letter and the following posts. GLOBAL WARMING IS NOT MAN MADE, has anyone ever heard of the ice ages??? The earth goes through natural warming and cooling, the fires that are and have occurred from natural, yes natural causes (lightning, etc.), volcanoes (which irrupt 24hrs./day) cause more "global warming” than man could ever think of creating. Everyone of you get of your high horse and take care of your own issues. We are going to run out of oil in 44 years, from Ca, give me a break????? The author is naturally a Berkley taught lib, the following posts seem to be from people who don't have real jobs and drink up the kool aid from people like Michael Moore. People, you seriously need to see both sides.....Why are you so scared of nuclear energy???

Posted by: WOW at October 24, 2007 10:55 PM

I found the Plug In America sight through a documentary called "Who Killed the Electric Car." Before that, I had no idea that the EV was even on the road, or of their popularity with their drivers. Now, through this letter, I am learning about the irresponsibility and ignorance that has been displayed by Mr. Swartznegger, your Governor over this and other air quality issues in California. It does pose the question: What motivates you, and what are your intentions for this beautiful state? More greed?

Posted by: Desdra Dawning at October 28, 2007 07:30 AM

Yes. It's true. There's corruption in Pentagon and in the Government. When they have so much of our money to play with they want 12 more houses and 15 more islands. How much is enough people?
Stop playing like big OIL tells you to. You may be rich now but the history will remember you like pathetic morons.
I used to like Arnold but he's now a dirty politician so I really don't care bout this person. He's driving a humvee and that says it all.

Posted by: my name at November 22, 2007 06:14 PM

Doug Lafever is brilliant. His comments are right on track. As I understand it, although he struggles with [deleted], he is truly committed to the cause of energy conservation. I applaud him.

[Editor's note: I have deleted an description of Mr. Lafever, (whoever he is and however he is relevant to this article) that has no bearing on this article, his views or roles on energy, and is purely personal in nature. I do not appreciate this part of a comment on this site.]

Posted by: Steve Hyman at December 19, 2007 06:29 PM

HELLO, I HAVE A SET OF PLANS ON HOW TO BUILD A FULLY ELECTRIC CAR, IT WILL HAVE 250 HORSE POWER, ZERO TO 60 IN UNDER 5 SECONDS. NO LIMIT ON RANGE, CAN DRIVE THIS CAR ALL DAY LONG, WILL NOT RUN DOWN THE BATTERIES.. I WOULD LOVE TO LET ANYONE WHO IS WILLING TO BUILD THIS CAR HAVE THE PLANS FOR FREE.. I JUST WANT A PROMICE THAT THE CAR WILL BE BUILT. IF YOU WOULD LIKE TO HAVE THESE PLANS AND WOULD LIKE TO BUILD AN ELECTRIC CAR PLEASE CALL ME..THE ONLY FUEL THIS CAR NEED IS 120 VOLT POWER AND COMPRESSED AIR... I JUST WOULD LIKE TO SEE THIS CAR BUILT.. IF I HAD AN INVESTOR OR A CAR COMPANY THAT REALLY WANTS TO BUILD AN ELECTRIC CAR. I WOULD LOVE TO GIVE THEM THE PLANS.. THANKS

Posted by: lee walth at March 9, 2008 11:19 PM

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