RNLA Honored Scott Pruitt with Ed Meese Award at 2018 National Policy Conference

The RNLA was pleased to present Environmental Protection Agency Administrator Scott Pruitt with the 2018 Ed Meese Award at its National Policy Conference on Friday:

Former U.S. Attorney General Edwin Meese III, for whom the award is named, stated: “Scott Pruitt is an outstanding public servant who has rendered extraordinary service first to the state of Oklahoma and now to the entire nation. His accomplishment in common-sense environmentalism is an example for all who are truly interested in conservation of resources and quality of life.” 

RNLA First Vice President Manuel E. Iglesias, who will interview Administrator Pruitt after giving him the award, said: “Scott Pruitt has led the effort to restore the rule of law at the EPA, fighting to enforce existing laws while not enacting new regulations that will hurt hardworking Americans with little effect on the environment. While being constantly attacked by Democrats, liberals, and the media, he has been steadfast in his defense of transparency, regulatory reform, agency efficiency, due process, and cooperative federalism." 

Administrator Pruitt was selected for his hard work to restore the rule of law to the Environmental Protection Agency under President Trump and his efforts to defend the rule of law and protect the role of states in our federalist system as the former Attorney General of Oklahoma. Administrator Pruitt has returned the EPA to its statutory mandates and limits, working tirelessly to undo the extralegal practices of the Obama Administration while under constant attack from the left.

Administrator Pruitt's discussion with RNLA First Vice President Manuel Iglesias may be viewed here.  He emphasized the actions he has taken to restore the rule of law to the EPA and how clear rules will encourage a cleaner environment:

At a Republican National Lawyers Association meeting on Friday, Pruitt laid out what he hoped to accomplish at EPA in 2019. First, Pruitt mentioned finalizing the repeal of major Obama-era regulations. 

“I anticipate the proposed redefining of ‘waters of the United States’ will come out here very soon, and we will finalize that by the end of the year,” Pruitt said at the event where he accepted an award. . . . In the upcoming year, Pruitt would also focus on less high-profile reforms to EPA’s permitting and reporting processes, he also told Republican lawyers. 

“Just to give you one example, when I came in I asked the question of our team, ‘how long does it take us to go through the permitting process,'” Pruitt said. “And it wasn’t even measured. We didn’t even know.” 

EPA has been developing a process “where the agency is going to be able to make a decision, up or down, on a permit within six months by the end of the year,” Pruitt added.

Congratulations to Administrator Pruitt on receiving the 2018 Ed Meese Award, and thank you for your efforts to protect the rule of law. 

President Trump Had Considerable Success Restoring The Rule of Law In 2017

RNLA Co-Chair Joanne Young wrote today in The Daily Caller about how successful President Trump has been restoring the rule of law in 2017.  It began with Attorney General Jeff Sessions and the Department of Justice:

At every turn, Sessions has had to fight against entrenched, liberal career employees and Obama holdovers. But Sessions has remained dedicated. He has increased focus on vigorous and equal enforcement of the laws to reduce violent crime, ended third-party settlement practices that directed taxpayer dollars to liberal outside groups, and defended the rule of law in litigation, such as supporting voter ID laws, free speech, and religious liberty. The process of restoring the rule of law to the Department of Justice will take years, but President Trump and Attorney General Sessions have had an effective first year.

And continued with Supreme Court Justice Neil Gorsuch and other exemplary new federal judges:

At just 50 years old, Justice Gorsuch will serve on the nation’s highest court for many years to come. In his 10 years on the Tenth Circuit, he had demonstrated a commitment to adhering to the text of the Constitution, statutes, and regulations, even when it led to unfortunate results on the facts. He had shown his dedication to the principle that it is for the legislature to decide policy and enact it in law and for judges to apply that law, without inserting their own policy preferences. While his commitment to the rule of law and textualism has earned him the scorn of liberals, it protects the right of the American people to be ruled by the law written by their elected representatives, not by the whim of unelected judges.

President Trump has also started rolling back overreaching regulations and unlawful policies across the Executive Branch:

On taking office, President Trump immediately began rolling back the regulatory overreach that was the hallmark of the Obama years. On January 30, he directed that when an agency promulgated a new regulation in 2017, it had to identify two regulations to repeal. He has periodically directed agencies to review the permissibility of particular rules or interpretations that have impermissibly expanded the scope of certain laws and regulations, such as when he directed the Environmental Protection Agency’s Administrator to review the “Waters of the United States” rule on February 28. 

As the agency personnel nominated by President Trump have taken office, they have worked to review and undo the harmful and expansive interpretations of the Obama years in their agencies. For example, in October, EPA Administrator Scott Pruitt ended the “sue and settle” practices whereby radically liberal environmental organizations controlled how the EPA interpreted its own rules through litigation, often being paid with taxpayer money for their efforts. . . . Or consider Federal Communications Commission Chairman Ajit Pai, [whose] proposal to undo the FCC’s own regulatory overreach of the Obama years, “net neutrality,” was approved last Thursday, despite personal, racially tainted attacks against Pai and his family by outraged liberals. . . . Net neutrality was imposed through an FCC power grab whereby, after 20 years of bipartisan agreement over the Internet, the FCC unilaterally reinterpreted its own governing laws without congressional authorization, despite the previous FCC Chairman admitting that he did not know how the new rule would be interpreted.

Ms. Young concludes by pointing to the very real world consequence of decreased and clearer regulations: a booming economy.  Likewise, judges and a Department of Justice that respect the rule of law protect the rights of all people, ensuring a brighter future for all Americans.

ICYMI: Administrator Pruitt Takes Another Step to Restore Rule of Law at EPA

Last Monday, Environmental Protection Agency (EPA) Administrator Scott Pruitt ended the "sue and settle" practices by which environmental activist organizations controlled a portion of the regulatory process at the EPA during the Obama Administration:

“The days of regulation through litigation are over,” said EPA Administrator Scott Pruitt.  “We will no longer go behind closed doors and use consent decrees and settlement agreements to resolve lawsuits filed against the Agency by special interest groups where doing so would circumvent the regulatory process set forth by Congress. Additionally, gone are the days of routinely paying tens of thousands of dollars in attorney’s fees to these groups with which we swiftly settle.”

The EPA explained how these "sue and settle" practices worked:

Over the years, outside the regulatory process, special interest groups have used lawsuits that seek to force federal agencies – especially EPA – to issue regulations that advance their interests and priorities, on their specified timeframe.  EPA gets sued by an outside party that is asking the court to compel the Agency to take certain steps, either through change in a statutory duty or enforcing timelines set by the law, and then EPA will acquiesce through a consent decree or settlement agreement, affecting the Agency’s obligations under the statute.  

These practices bypassed the required processes for regulatory changes, resulting in regulatory overreach without the required input from the public and regulated community that is required by law: 

More specifically, EPA either commits to taking an action that is not a mandatory requirement under its governing statutes or agrees to a specific, unreasonable timeline to act.  Oftentimes, these agreements are reached with little to no public input or transparency. That is regulation through litigation, and it is inconsistent with the authority that Congress has granted and the responsibility to operate in an open and fair manner. 

“Sue and settle” cases establish Agency obligations without participation by states and/or the regulated community; foreclose meaningful public participation in rulemaking; effectively force the Agency to reach certain regulatory outcomes; and, cost the American taxpayer millions of dollars.

Administrator Pruitt laid out eight specific practices that will now be used by the EPA to "increase transparency, improve public engagement, and provide accountability to the American public when considering a settlement agreement or consent decree."  As legal scholars Hans von Spakovsky and Rob Gordon point out, these are the types of changes are needed across the Executive Branch to undo the regulatory overreach that was pervasive under President Obama:

Congress could, and should, make such improvements permanent. These types of changes are needed not just at the EPA, but at every federal agency — including the Fish and Wildlife Service — to prevent the abuse of power perfected by the Obama administration.

We thank Administrator Pruitt for taking this vital step towards restoring the rule of law and reversing eight years of regulatory overreach.

The EPA is "pulling" an IRS

Yet another federal agency under the Obama Administration has lost federal records – this time, the Environmental Protection Agency.

The Competitive Enterprise Institute filed a Freedom of Information Act suit last year to obtain access to text messages sent to/from former EPA administrator Gina McCarty. CEI said McCarthy and other officials used text messages in an attempt to skirt federal law.

The CEI is focused on policy initiatives to be considered or approved by the EPA, and they regularly seek public record related to development of environmental policy. In this case, the CEI is challenging the EPA's "alleged practice of routinely destroying agency text messages as violative of the Federal Records Act." This particular dispute stems from two FOIA requests for text messages sent by both Gina McCarthy and former EPA Administrator Lisa Jackson. CEI believes that a senior EPA official had told McCarthy to refrain from sending text messages regarding official EPA business on days when she was scheduled to testify before Congress. 

In court filings filed on Tuesday, however, the EPA said it may have “lost” text messages from Gina McCarthy. Lawyers with the Department of Justice said the EPA will soon file a notice that the agency has misplaced records they were legally obligated to retain. Specifically, the attorneys said

Defendant has decided to formally notify the National Archives and Records Administration (NARA) about the potential loss of federal records relating to text messages.

DOJ is conveniently arguing that the loss of information - information the EPA was legally required to keep track of – will  make the CEI request moot, since the records do not exist. Once the request becomes moot, DOJ attorneys will ask the court for a hearing to dismiss the case.

This is another instance of illegal conduct and/or gross disorganization to effectively cover up illegal activity.  Much like the IRS Lois Lerner, the EPA seems to be trying to hide law breaking behind supposed incompetent record keeping.  The disregard for the law we continue to find this under Administration is troubling and deserves thorough investigation.