EPA attorneys at center of controversy say restrictions are unconstitutional

EPA lawyers Laurie Williams and Allan Zabel told FOX Business
Network yesterday that the cap and trade legislation now being
considered cannot possibly achieve its stated goals. The pair
appeared on Cavuto after the agency forced them to remove a
video they had made that was critical of the legislation.
(FOX Business Network)

Laurie Williams and Allan Zabel told FOX Business Network yesterday that the cap and trade legislation now being considered cannot possibly achieve its stated goals. The two Environmental Protection Agency (EPA) lawyers had posted a video on YouTube pointing out the fatal flaws in the legislation but were soon told to remove the video by their superiors, a move they said may be unconstitutional.

In their appearance last night, the pair told host Elizabeth MacDonald that they had received clearance from the agency to speak out as private citizens. However, the EPA took issue with their mentioning of their employment with the agency and the length of term they have been employed.

• Video: EPA Laurie Williams and Allan Zabel appear on FOX Business Network's Cavuto
• Transcript: See below for a partial transcript of the interview
• Related: EPA lawyers equate cap and trade to Challenger disaster

Williams and Zabel complied with the administration’s wishes and removed the video. However, Williams said in the interview, “The restrictions here may not be appropriate - maybe even unconstitutional when applied to federal employees who are speaking out in important public issues that are not confidential.”

In the video Williams and Zabel created, they equated the proposed legislation to the Space Shuttle Challenger disaster when administrators ignored the advice of scientists warning of impending doom. Williams said, “We are speaking out because our political leaders are getting bad advice and are not listening to those who understand the flaws of the climate bill.”

The pair does believe that action on climate change is required and said that it is a national security issue and that “effective action is critical.” They said that is not possible under the proposed legislation. Zabel told MacDonald, “My experience with offsets tells me these are fatally flawed. They can’t be assured to generate the emission reductions that they claim.”

The House of Representatives has already passed their version of the climate change bill, the Waxman-Markey ‘American Clean Entergy and Security Act of 2009.’ Similar legislation has been proposed in the Senate however its fate is uncertain as Americans have expressed their unwillingness to accept new taxes.

It has been suggested that the EPA and the Obama administration is attempting to silence dissent on the administration’s efforts to enact the new legislation. Over the summer the agency was accused of suppressing a report from employees that called into question the science behind the theory of manmade climate change.

The event caused a stir as it followed on the administration’s pledge that upon taking office, government transparency would be a priority. EPA Administrator Lisa Jackson issued a memo in January to all EPA employees saying, “When scientific judgments are suppressed, misrepresented or distorted by political agendas, Americans can lose faith in their government to provide strong public health and environmental protection.”

EPA ATTORNEYS TELL FOX BUSINESS NETWORK THAT RESTRICTIONS
ON THEIR VIDEO MAY BE “UNCONSTITUTIONAL”

In an interview on FOX Business Network’s Cavuto, EPA attorneys, Allan Zabel and Laurie Williams tell Elizabeth MacDonald that while they complied with the EPA and took down their video, they feel the restrictions may be “unconstitutional.”
 
*Mandatory Credit: FOX Business Network*
 
What happened when they were asked to take down their video:
Allan Zabel: “We had received ethical clearance to make the video and post it and speak out as private citizens. What we didn’t understand is that these restrictions prohibited us from describing the nature or the length of our government service. We intend to comply with these restrictions and part of that compliance was to take down the video.”
 
On having to take down their video:
Laurie Williams: “The restrictions here may not be appropriate - maybe even unconstitutional when applied to federal employees who are speaking out in important public issues that are not confidential.”
 
On Cap and Trade legislation:
Allan Zabel: “My experience with offsets tells me these are fatally flawed. They can’t be assured to generate the emission reductions that they claim.”
 
Williams: “Cap and trade with carbon offsets cannot be a step in the right direction – it will lock in climate degradation.”