In a letter sent last week to EPA Administrator Michael Leavitt, Reps. Henry A. Waxman (D-CA) and Tom Allen (D-ME) called for an explanation of reports that portions of the EPA's proposal to regulate mercury generated by electric power plants were copied verbatim from industry lobbying materials.[1]
"We are deeply concerned that EPA's rulemaking process has been improperly influenced by industry at the potential cost of the health of future generations of children," the Waxman-Allen letter states. "Congress and the American people need to know how industry lobbyists came to write a significant portion of an EPA formal rule-making proposal."
In December, 2001, former EPA Administrator Christine Todd Whitman endorsed a Clinton administration proposal to reduce mercury emissions from the nation's 1,100 electric power plants by 90 percent by 2008. Instead, the Leavitt-led EPA on January 30th published its proposed rule in the Federal Register calling for a 70 percent reduction by 2018.[2]
The February 12 Waxman-Allen letter requests all written, electronic and oral records of communications since January 1, 2003, between EPA and Latham & Watkins, one of Washington's premier corporate law firms, regarding mercury air pollution. The Congressmen also requested information on any meetings that have taken place between EPA officials and representatives or employees of the law firm, and an explanation of why Latham & Watkins memos were not docketed in the agency's rule-making process.
The Washington Post reported on January 31 that Latham & Watkins "was among the law firms and utility industry groups that lobbied the administration last year during deliberations over mercury rules in the Clean Air Act. The firm represents Cinergy Inc. and other major utilities and energy companies with a major interest in the outcome of the rule-making."[3]
Jeffrey Holmstead, EPA's assistant administrator for air and radiation, and William Wehrum, Mr. Holmstead's chief counsel, both worked at Latham & Watkins prior to joining EPA. Both had important roles in the mercury pollution rule-making process.
"No one disputes that industry lobbyists were allowed to write significant portions of a formal EPA proposed rule," said Rep. Waxman. "The questions now are how did it happen and how do we restore EPA's credibility and independence?"
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TAKE ACTION
Email EPA Administrator Mike Leavitt, and ask him for a response to the letter.
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SOURCES:
[1] Waxman-Allen press release, Feb. 12, 2004.
[2] "EPA chief defends Bush on environment," Pittsburgh Post-Gazette, Jan. 31, 2004.
[3] "Proposed Mercury Rule Bears Industry Mark," Washington Post, Jan. 31, 2004.
