Politics

A dozen states sue EPA over FOIA stonewalling

Daily Caller News Foundation logo
Michael Bastasch DCNF Managing Editor
Font Size:

After months of haggling, 12 states are suing the Environmental Protection Agency to compel them to release documents related to the agency’s controversial “sue and settle” practice.

The attorneys general of twelve Republican-led states, led by Oklahoma, filed a lawsuit on Tuesday after the EPA failed to respond to the attorneys general’s appeal of a Freedom of Information Act fee-waiver request.

The fee-waiver request was denied by the EPA in February.

“This appears to be a blatant strategy by the EPA to go around the process and bend the rules to create environmental regulations that have failed in Congress,” Oklahoma Attorney General Scott Pruitt said in a statement. “As part of our investigation into the pervasiveness of this tactic, we requested documents that the EPA has refused to produce. If the EPA is making backdoor deals with environmental groups to push their agenda on the American people while bypassing the states and Congress, we need to know.”

Oklahoma was joined by Alabama, Arizona, Georgia, Kansas, Michigan, Nebraska, North Dakota, South Carolina, Texas, Utah and Wyoming.

The states sought documents on communications between environmental groups and EPA officials regarding consent decrees from sue-and-settle lawsuits with environmental groups that directed the agency to implement regulations under the Clean Air Act’s Regional Haze program.

The states asked for EPA communications with environmental groups — including Greenpeace, Defenders of Wildlife, WildEarth Guardians and the Sierra Club — all of which engaged in sue-and-settle lawsuits to control the EPA’s enforcement of the Regional Haze program, critics say.

According to Pruitt’s office, “Under the Clean Air Act, the states – not the EPA – design and implement plans for compliance with the Regional Haze program.” However, states are cut out of the process when the EPA enters into a consent decree, but the states are responsible for implementing whatever new regulations the EPA proposes.

One sue-and-settle lawsuit resulted in the EPA’s costliest clean air regulations ever – the Mercury Air Toxics Standards. Other cases noted by Pruitt were settled in the same day the suit was filed, suggesting maybe some level of coordination.

Pruitt raised concerns about the EPA’s actions in a letter sent to the agency in May, after it was reported that the EPA had also been routinely denying fee waiver requests to conservative groups while granting them to environmental groups.

“Looking at FOIA fee waivers, it’s clear that EPA favors far-left environmentalist groups over conservative think tanks, but today’s lawsuit is just another example demonstrating EPA’s discrimination extends toward states as well,” said Louisiana Republican Sen. David Vitter.

The free-market Competitive Enterprise Institute obtained documents showing that since January 2012, the EPA granted fee waivers for 92 percent of FOIA requests from major environmental groups, while the agency rejected or ignored 81 percent of fee-waiver requests from conservative groups.

“Ninety-two percent of the time EPA grants fee-waiver requests from noncommercial requesters who are supportive of EPA’s policies and agendas, but denies a majority of fee-waiver requests from noncommercial requesters who are critical of EPA,” reads the state’s complaint. “States properly asked for specific records … [and] EPA violated FOIA’s mandate.”

According to Pruitt, the EPA has awarded nearly $1 million in attorneys fees in 45 settlements with environmental groups it has made public.

The EPA did not immediately respond to The Daily Caller News Foundation’s request for comment.

Follow Michael on Twitter

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel