The new EPA administrator Scott Pruitt, who sued the agency 14 times while a state attorney general, told employees they will be “tethered to the statute” when writing regulations or enforcing them, with no allowance for shortcuts or stretches of authority. During a 12-minute speech to staffers during his first day on the job, Pruitt said EPA will avoid “abuses that occur sometimes,” such as “using the guidance process to do regulation” and “regulation in litigation.”
Conservatives frequently accuse EPA of over-reaching its power — the Waters of the United States (WOTUS) rule serves as a prime example — or being pre-empted by the “sue and settle” tactics of environmental groups who go to court to mold regulations to their views. As a state official, Pruitt was a vocal exponent of the view that EPA overstepped its bounds and usurped state powers.
The White House lists WOTUS as a target for elimination, along with Obama administration proposals to mitigate climate change. Pruitt’s nomination was accompanied by calls to sharply cut agency funding and staffing. Farm groups, which view the EPA as the federal bogeyman, expect Pruitt to take a more understanding view of modern, industrialized agriculture.
“We need to be open and transparent and objective in how we do rulemaking and we should at least follow the letter of the law as we do so,” Pruitt told employees. “As we do rulemaking, as we engage in process, it needs to be tethered to the statute.”
Sometimes Congress gives agencies broad discretion, and other times it is prescriptive on what should be done, he said. “We need to respect that. We need to follow that.” Strict adherence will avoid lawsuits and uncertainty over regulations, said Pruitt, who said states should be treated as partners in regulation, not adversaries.
“So, federalism is something that is important. Process is important and, honestly, rule of law is important as we do our business,” said Pruitt. “I believe that we as an agency and we as a nation can be both pro-energy and pro-jobs and pro-environment. We don’t have to choose between the two.”
Later, Pruitt tweeted, “I’m dedicated to working w/stakeholders — industry, farmers, ranchers, business owners — on traditional values of environmental stewardship.” Some Twitter responses criticized Pruitt for not mentioning climate change or public health during his speech.
The news site StateImpact Oklahoma said Pruitt pointed to a new direction for EPA: “a narrow interpretation of the agency’s authority.”
Pruitt “managed to rattle them a little more” at the same time he tried to calm agency employees, said the Los Angeles Times. Pruitt spoke warmly of meeting EPA employees and of their dedication to their work during his speech. He left open the possibility, in a Wall Street Journal interview, that the Republican-controlled Congress will have the lead on climate change.
To watch a PBS video of Pruitt’s speech to employees, click here.