David Jenkins' Washington Report

As soon as I joined the REP staff in January 2005, I began attending strategy and coordination meetings focused on protecting the Arctic National Wildlife Refuge from renewed efforts to authorize oil and gas development on the Refuge’s coastal plain. The meetings brought together grassroots organizers, media experts and D.C. lobbyists from most national and Alaska-focused environmental groups.

The big push by drilling advocates for most of the year was an effort to attach Arctic Refuge drilling authorization to federal budget legislation. Senators Pete Domenici (R-NM) and Ted Stevens (R-AK)—and their Congressional and White House allies—pushed the budget vehicle because budget legislation is not subject to a filibuster in the Senate and requires only a simple majority vote for passage (or a tie, since the Vice President can break a tie).

This tactic led those of us on the Arctic lobby team to focus heavily on the House of Representatives. We especially wanted to ensure that the Republicans who oppose drilling in the refuge would stand firm if the drilling language was attached to the broader budget bill. With fourteen Republican House Members on REP’s Honorary Board, it was a strategy that played to REP’s strength.

EARLY CELEBRATION

Stevens’ and Domenici’s vigorous year-long gambit to develop the Refuge appeared to be trumped in November when 25 House Republicans blocked the effort to attach drilling authorization to House budget legislation.

Refuge advocates were celebrating, thank you ads were running, environmentalists were switching their party affiliation from Democrat to Republican and all was well with the world… at least for a brief moment. It quickly became clear that Domenici and Stevens were not going to give up that easily.

First they boldly predicted that, despite those entrenched House Republican Refuge champions, the final budget reconciliation bill would include drilling authorization. And in a rare exhibition of holiday spirit, Stevens went to pro-drilling Democrats bearing gifts for their districts… if only they would break ranks and vote for a budget that included drilling. Fortunately, he struck a dry hole.

With Christmas fast approaching and still absent the necessary votes, House leadership refused to accept the Senate drilling provision in the budget conference report. Victory again seemed certain. Arctic Refuge advocates and lobbyists could proceed with plans for Christmas vacation…at least for a brief moment.

A HOLIDAY SCHEME

Senator Stevens (a.k.a. The Grinch) devised a new scheme to allow drilling in the Refuge and threatened to keep Congress in session through the Christmas Holidays. In a move that Senator John McCain (R-AZ) called “disgusting,” Senator Stevens attached his Arctic Refuge drilling provision to the Defense Department appropriations bill, which included funding for Hurricane Katrina relief. Feeling that victory was once again within reach, Stevens crowed: “It is going to be awful hard to vote against Katrina!”

His tactic paid off in the House.

On December 19th‚ at 4:55 a.m., that chamber passed the defense appropriations bill with the drilling language. Most of the Republicans who oppose drilling voted either against the rule that allowed it or against the entire bill, but there were more than enough Democrat votes to offset them.

With the final showdown vote in the Senate scheduled for December 21st, things did not look promising for the Refuge. Senate Democrats were hesitant to filibuster a defense appropriations bill. A large number were also non-committal on how they would vote should a filibuster occur. And several anti-drilling Republicans had signaled that they would not oppose the defense bill.

Stevens inadvertently helped us jumpstart the filibuster effort when he defended himself against charges that he was holding our troops hostage. He said: “If we lose, then we’ll reconstitute the conference and ANWR will be out.” This gave the Democrats the cover they needed and Senator Maria Cantwell (D-WA) got the green light to lead a filibuster.

SHOWDOWN AT HIGH NOON

The morning of December 21st began with the Arctic lobby team meeting to share intelligence and divvy up last-minute assignments. After dropping by key offices to make one last pitch, about two dozen of us convened in the Capitol just outside the Senate Chamber in the antechamber. The budget reconciliation vote was scheduled first, then the defense bill.

As Senators came to the floor to vote on budget reconciliation, one or two lobbyists would rush to catch them and bend their ear about why they should vote with us. All the while, information gathered by our colleagues was streaming into our mobile devices at a frantic pace.

We had our list of swing Senators who oppose drilling but whose votes were still uncertain. They included Democrats Robert Byrd (WV), Tim Johnson (SD), Blanche Lincoln (AR), Mark Pryor (AR), Ben Nelson (NE), and Bill Nelson (FL), plus Republicans John McCain (AZ), Norman Coleman (MN), Gordon Smith (OR), Susan Collins (ME), Olympia Snowe (ME) and Mike DeWine (OH).

Also huddled in the antechamber were the opposing lobbyists from the oil industry, the Teamsters and the State of Alaska.

At 10:00, we got a disconcerting message saying: “The White House thinks they have Coleman, Smith, Ben Nelson, Pryor, Lincoln, McCain, Collins, Snowe; going after Salazar, Bill Nelson, Mikulski, Johnson, Conrad and Dorgan.” We also discovered that Vice President Cheney was in the Capitol working votes.

Moments later came dire word that the White House had told Snowe and Collins that if they supported the filibuster, Maine’s Bath Iron Works would be closed and 7,000 people would lose their jobs.

At 10:38, debate began on the defense bill. Senator Stevens took to the floor with eager anticipation. He was donning his “lucky” Incredible Hulk tie. After a year of work, it all came down to this: He needed 60 votes to end the filibuster; we needed 41 to save the Arctic Refuge.

We all held our collective breath when word came that one of our swing votes, Senator Byrd, was speaking. Since we could not hear through the chamber doors, we listened over a cell phone as someone at the Alaska Wilderness League held a phone to the television. Byrd said, speaking of Stevens: “I love this man, I do.” Then he added: “But I love the Senate more.” We had Byrd.

The vote started at 12:09. Once again we relied on a cell-phone feed of CSPAN to hear the action. We had our list and waited as the roll call began. Senator Johnson went our way, then Bill Nelson. Lincoln and Pryor—the two Arkansans—walked into the chamber. “Ms. Lincoln? Ms. Lincoln No.” Cheers erupted. “Mr. Pryor? Mr. Pryor No.” More cheers and whoops!

The cabal of pro-drilling lobbyists was now huddled in the corner, muttering among themselves and glancing at our excitement with blank expressions.

Our celebration turned to tension when Senators Snowe, Collins, Coleman, Smith and McCain voted against us. Things still looked good, but enough votes were outstanding to leave the outcome in doubt. Moments later, that doubt was erased when Senators Chafee and DeWine voted with us.

Our victory became certain when Majority Leader Bill Frist (R-TN) switched his vote to “no” to preserve his right to bring forward a clean bill. We had won by 3 votes. From the window, we saw the vice president’s motorcade drive away. The Arctic Refuge was still protected. We could now go home for the holidays…having already received our greatest gift.

Senator Stevens did not take defeat lightly: “This has been the saddest day of my life.” Weeks later, the bitterness was still on display. The 82-year-old Stevens said he has “written off” some Senators as friends: “I’m not traveling with them anymore, I’m not going to play tennis or swim or do various things with them.”

Senator Stevens—as the Grinch—almost stole Christmas!