Robert Duvall and Duane Dominy explain their pro-EPA vote

Saturday I spoke to both Councilman Robert Duvall and Councilman Duane Dominy in separate phone conversations and asked each of them why they voted for the pro-EPA bill that among other things urged the EPA to "move swiftly to fully employ and enforce the Clean Air Act."

 As you may know, Congress never intended for the EPA to regulate Co2. The EPA has assumed this authority and with it the right to arbitrarily set auto emission standards, energy plant emission limits and the authority to halt any development that would contribute to Co2 emission. I thought supporting this power grab by a federal agency seemed out of character for Duvall and Dominy, two of the more conservative members of the Metro Council.

"I just overlooked it," Duane told me. "I just did not pay attention."

He assured me that this bill did not reflect the way he believes. He said he really thought someone else would object and it would be pulled off the consent agenda. In fact, when it came to a vote, he said he did not know the EPA resolution was still on the consent agenda. He went on to tell me that he was so focused on the fairground bill, which he was sponsoring, that he let this EPA bill slip through.

The fairground bill was on first reading and while most bills on first reading pass without discussion, a parliamentary move forced his fairground bill to be deferred one meeting. Maneuvering to stop his fairground bill from being sidetracked caused him to not pay as close attention to the EPA resolution as he should have.

Robert Duvall told me that he could have objected and fought it and the vote would have still been 38 to 1. He told me he had just gotten over a bruising campaign in which he lost and he just didn't want to take on this battle. "I just thought, 'what's the point,'" he said. "To tell the truth, I did not want to lose credibility."

He told me that if he would have fought this bill he would have been accused of grandstanding. "I have other battles to fight." he said. "You have to pick your battles." He went on to say that he is often the lone voice always objecting to Council actions and that if you do that too often you are soon not taken seriously.

Robert said he now regrets not voting "no." "I admit, it was a 'loon bill,'" He said. "My vote did not reflect my values."

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