One hundred and six members of Congress have signed a letter to Arthur A. Elkins, Inspector General, of the Environmental Protection Agency’s Office of the Inspector General (OIG) requesting a formal investigation into EPA’s lobbying effort to promote the “Waters of the United States” (WOTUS) rulemaking.
“We believe that OIG should investigate all matters relevant to determining whether EPA violated the Anti-Lobbying Act by using funds appropriated by Congress to lobby and generate grassroots support of its regulatory agenda,” the letter to OIG said. “Secondly, we believe OIG should investigate whether EPA violated the “publicity or propaganda” restrictions of the Consolidated and Further Continuing Appropriations Act of 2015.”
The letter cited a May New York Times report that said EPA engaged in a grassroots solicitation for public comments intended to generate public comments in support of the WOTUS rulemaking. EPA apparently used an assortment of social medial campaigns to solicit comments and partnered with environmental and grassroots organization – like the Sierra Club and Organizing for America – to promote the rule.
“We are particularly concerned that the most essential and democratic component of the rulemaking, the public notice and comment process, was abused and corrupted in a way that drowned out opposition to help justify the agency’s action,” the congressman said.
“While it is clear that EPA undertook an unprecedented campaign to generate support for the WOTUS rule, the extent to which the agency’s action became illegal actions in violation of anti-lobbying statues is unclear. The U.S. Department of Justice guidelines prohibit agency employees from engaging in substantial grass roots lobbying and from proving administrative support for the lobbying activities of private organizations. Therefore, we believe it is imperative that the OIG immediately investigate all matters relevant to EPA’s efforts in generating support for the WOTUS rulemaking. including EPA’s engagement and complicity with outside organizations.”
EPA maintains that the rule aims to clarify which bodies of water are protected under the 1972 Clean Water Act and relies on scientific studies that show small streams and wetlands are important to the health of larger waterways like rivers and lakes. However, those opposed to WOTUS call it a case of regulatory overreach.
