EPA's Pruitt Recuses Himself

OMAHA (DTN) -- In his new capacity as U.S. Environmental Protection Agency Administrator, Scott Pruitt has recused himself in any direct involvement with a number of lawsuits he filed as attorney general of Oklahoma including the waters of the United States, or WOTUS, rule, according to a memorandum signed by Pruitt and addressed to several EPA officials last week.

During congressional hearings on his nomination, Democratic lawmakers asked Pruitt to recuse himself if and when he may have direct involvement as EPA administrator with any legal cases he filed as AG.

The state of Oklahoma was one of about 30 states that filed lawsuits to stop the WOTUS rule during the past two years. The rule is hung up in federal court and the U.S. Supreme Court is set to hear a challenge this year on whether the U.S. Court of Appeals for the Sixth Circuit is the proper venue. The EPA is in the process of rewriting the rule.

"To demonstrate my profound commitment to carrying out my ethical responsibilities, while I am the administrator of the United States Environmental Protection Agency," he wrote, "I will not participate in any active cases in which Oklahoma is a party, petitioner or intervenor.

"I understand that this commitment is longer than is required by the federal impartiality standards, but I am taking this action to avoid even the appearance of any impropriety under federal ethics or professional responsibility obligations."

Pruitt's nomination and subsequent confirmation by the U.S. Senate sent shockwaves across the environmental community, because of the administrator's involvement in a number of lawsuits he filed against the agency.

Federal ethics rules, however, do not require Pruitt to recuse himself from EPA rulemaking activities.

Pruitt said in the memo he reserves the right to re-insert himself into some of the legal cases after a one-year abstention from those cases as part of an ethics pledge.

"Thus far I have not participated in any of the cases listed in this recusal statement officially at all and will continue to recuse for now," he said in the memo.

"In the event that I wish to participate, I will seek an ethics determination. I understand that my professional responsibility obligations may impose consent requirements in order to participate."

As part of Pruitt's efforts to avoid conflicts of interest, the administrator indicated in the memo that his Chief of Staff Ryan Jackson is tasked with screening "all EPA matters, including existing litigation, directed to my attention that involve outside entities or that require my participation, to determine if they involve any" of the entities or cases Pruitt was involved with in Oklahoma.

CHANGES TO SCIENCE BOARD

Also this week, several national media outlets reported the EPA was removing half of the 18 members of the agency's board of scientific counselors to essentially revamp how the board informs the agency on the science used for the basis of federal regulations.

Most of the board members' three-year terms expired on April 27, http://bit.ly/….

One of those board members released, Robert Richardson, a professor at Michigan State University, announced on his Twitter account, "Today, I was Trumped. I have had the pleasure of serving on the EPA Board of Scientific Counselors, and my appointment was terminated today."

On his Twitter account, Richardson has been critical of changes made to the EPA by the new administration. Richardson did not respond to DTN's request for comment.

Utah State University professor and environmental social scientist Courtney Flint, whose term on the board expired on April 27, said in a statement to DTN that she believes the agency's action was political.

"I was told that the agency plans to carry out a competitive nomination process to solicit new members," she said.

"No other reason was given. It's clear from the reports in the media that the current administration has said that they want to replace board positions held by academic scientists with members from industry, so I do not think I am speculating when I say that this is a political move.

"The EPA's national research programs conduct scientific research to support policy and regulation regarding environmental health and wellbeing. In our review of these programs, the BOSC has been careful to avoid partisanship in our scientific recommendations. I am hopeful that this advisory work can continue to be done by objective scientific experts that represent a cross-section of societal voices to inform policy."

Todd Neeley can be reached at todd.neeley@dtn.com

Follow him on Twitter @toddneeleyDTN

(SK/CZ)

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