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Fact check: Has Scott Pruitt opposed all laws providing minimal environmental protection?

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January 25, 2017
By Sara Reynolds

Five current or retired bishops of the Episcopal Church of Massachusetts signed a letter to President Trump expressing opposition to his nomination of E. Scott Pruitt to head the Environmental Protection Agency (EPA).[1]

The bishops wrote, "Our respect for our government leaders and our reverence for earth as God’s creation impel us to write to you to express our dismay at your selection of Scott Pruitt to head the Environmental Protection Agency. We wonder why a person who has consistently and adamantly opposed all laws and policies that provide even minimal ‘protection’ to the environment should be entrusted with leading such an agency."[1]

Are the Bishops correct? Has Scott Pruitt "consistently and adamantly opposed all laws and policies that provide even minimal ‘protection’ to the environment"?

No, the Bishops’ claim is inaccurate. Pruitt, the Attorney General of Oklahoma, has challenged federal environmental regulations, but he has also supported various environmental initiatives, including a state regulatory alternative to a federal haze reduction plan; revisions to strengthen the Toxic Substances Control Act; and an agreement between Oklahoma and Arkansas to limit phosphorous levels in the Illinois River.

Background

Prior to his inauguration, President Trump nominated Scott Pruitt as administrator of the EPA, which has a budget of $8 billion and 15,000 employees.[2]

Before becoming Oklahoma attorney general, Pruitt served in the Oklahoma State Senate. He is a former chairman of the Republican Attorneys General Association.[3]

On January 18, 2017, Pruitt appeared before the Senate Committee on Environment and Public Works for a confirmation hearing.[4] In his opening statement, Pruitt said, "If confirmed as Administrator, I will work tireless [sic] to build on such progress in promoting a healthier environment and stronger economy for future generations by focusing on three core philosophies: rule of law, cooperative federalism, and public participation."[5]

Regional Haze Implementation Plans

The EPA's Regional Haze Rule originally required states to improve visibility in and around 156 national parks and wilderness areas, including Oklahoma's Wichita Mountains Wilderness.[6][7]

Oklahoma’s plan to comply with the rule was rejected by the EPA, which instead imposed a federal plan.[8] Oklahoma and the state of Texas, among others, filed legal challenges to the agency’s actions. In the Oklahoma case, a panel of the 10th Circuit Court of Appeals ruled in favor of the EPA, while in the Texas case the U.S. Court of Appeals for the Fifth Circuit stayed the federal plan.[9][10][11]

As state attorney general, Pruitt argued before the 10th Circuit in favor of Oklahoma’s plan for haze reduction, asserting that it "balances environmental protection with the need for affordable energy." He also stated that the federal plan would provide less environmental protection at higher cost.[12] Pruitt also testified in favor of state regulation before a subcommittee of the House Committee on Energy and Commerce, saying, "Congress clearly intended for the states to have primacy in the areas of environmental regulation and for the EPA to work closely with the states to regulate these issues."[13]

Chemical Safety

On March 10, 2015, Sen. Tom Udall introduced S 697 to expand the EPA’s authority to control toxic chemicals.[14]

Pruitt expressed his support for the legislation in a letter to members of the Senate Committee on Environment and Public Works, noting that the EPA reviews mandated by the bill "will strengthen the standard for public health and our environment." He also said that the proposed changes "will guarantee that EPA is balancing the interests of multiple stakeholders while making significant improvements to chemicals management and regulation."[15]

S 697 passed the Senate by voice vote in December 2015. The House equivalent, HR 2576, was introduced in May 2015. One year later, the bills merged to become HR 2576, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which President Obama signed into law on June 22, 2016.[16][17]

Illinois River Cleanup

The Illinois River originates in Arkansas and flows into Oklahoma, where it is designated as a “Scenic River.” The two states have a history of water-related conflicts but in 2003 they adopted a Statement of Joint Principles and Actions to improve water quality and reduce phosphorous levels in the Illinois River Watershed.[18] [19]

This partnership was renewed in 2013 for a three-year period. The new agreement extended phosphorous-limiting regulations and commissioned a three-year water quality study. Both states agreed to implement stricter regulations if phosphorous levels had worsened over time.[20]

In a statement, Pruitt lauded the new agreement for ensuring that water quality improvements will continue. "Generations of Oklahomans have enjoyed the Illinois River for hunting, fishing, camping and floating, and their safety and enjoyment of the river is paramount," Pruitt said.[21]

Conclusion

The Episcopal bishops of Massachusetts sent a letter to President Donald Trump expressing opposition to Scott Pruitt's nomination to head the EPA. They claimed that Pruitt "has consistently and adamantly opposed all laws and policies that provide even minimal ‘protection’ to the environment."[1]

Their claim is inaccurate. Pruitt has challenged federal environmental regulations, but he has also supported various environmental initiatives, including a state regulatory alternative to a federal haze reduction plan; revisions to strengthen the Toxic Substances Control Act; and an agreement between Oklahoma and Arkansas to limit phosphorous levels in the Illinois River.

See also

Sources and Notes

  1. ↑ 1.0 1.1 1.2 Episcopal Diocese of Massachusetts, “MA bishops oppose Trump pick for E.P.A.,” December 12, 2016
  2. ↑ Ballotpedia, “You're Hired: Tracking the Trump Administration Transition - December 8, 2016,” accessed January 23, 2017
  3. ↑ Ballotpedia, “Scott Pruitt,” accessed January 6, 2017
  4. ↑ Ballotpedia, “U.S. Environmental Protection Agency,” accessed January 6, 2017
  5. ↑ U.S. Senate Committee on Environment and Public Works, “Environmental Protection Agency Designate E. Scott Pruitt, Attorney General, State of Oklahoma Senate Confirmation Hearing Opening Statement,” January 18, 2017
  6. ↑ United States Environmental Protection Agency, "Visibility - Regional Haze Program," accessed January 12, 2017
  7. ↑ United States Environmental Protection Agency, "List of 156 Mandatory Class I Federal Areas," accessed January 12, 2017
  8. ↑ United States Environmental Protection Agency, “Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules,” March 30, 2011
  9. ↑ The Attorney General of Texas, “Texas Files Suit Against EPA Over Imposition of Drastic Regional Haze Regulations,” February 29, 2016
  10. ↑ The United States Court of Appeals for the 10th Circuit, “Petition for Review of Final Decision Issue by the United States Environmental Protection Agency,” July 19, 2013
  11. ↑ United States Court of Appeals for the 5th Circuit, “Petitions for Review from the United States Environmental Protection Agency,” July 15, 2016
  12. ↑ Oklahoma Office of the Attorney General, “AG Pruitt Argues Oklahoma Regional Haze EPA Case at the U.S. Tenth Circuit Court of Ap,” March 6, 2013
  13. ↑ U.S. House of Representatives Document Repository, “Testimony before the Subcommittee on Energy and Power of the House Committee on Energy and Commerce,” November 14, 2013
  14. ↑ Congress.gov, “S.697 - The Frank R. Lautenberg Chemical Safety for the 21st Century Act,” accessed January 16, 2017
  15. ↑ Bloomberg BNA, “E. Scott Pruitt, Attorney General,” April 9, 2015
  16. ↑ U.S. Senate Committee on Environment & Public Works, “Toxic Substances Control Act,” accessed January 24, 2017
  17. ↑ United States Environmental Protection Agency, “The Frank R. Lautenberg Chemical Safety for the 21st Century Act,” accessed January 16, 2017
  18. ↑ University College Dublin, “Water Quality in the Illinois River: Conflict and Cooperation Between Oklahoma and Arkansas,” 2003
  19. ↑ Save the Illinois River, “Statement of Joint Principles and Actions,” 2003
  20. ↑ Oklahoma Conservation Commission, “Second Statement of Joint Principles and Actions,” February 20, 2013
  21. ↑ Oklahoma Office of the Attorney General, “OAG's Office, Arkansas AG Sign Illinois River Agreement,” February 20, 2013
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