National Post (National Edition)

Draining the EPA swamp

- LAWRENCE SOLOMON

Hardly a week goes by without Donald Trump finding new ways to drain the swamp. This week is no exception, with a cleanup announced for the Environmen­tal Protection Agency that will especially target the global warming gravy train.

Here’s how the gravy train operated until now: The EPA has 22 advisory committees. Many of these committee’s board members — charged with providing independen­t, unbiased scientific advice for the EPA — have themselves been conducting the research they determined was needed. But they don’t do it as volunteers: Instead, these board members have for years been pocketing jaw-dropping grants from the very agency they’ve been advising. Of the Clean Air Scientific Advisory Committee’s 26 members, for example, 24 were grantees, collective­ly receiving US$220 million in EPA grants. This conflict of interest has been especially egregious in the field of global warming, according to the new EPA administra­tor, Scott Pruitt, where members have the greatest financial incentives and sometimes obtained EPA grants “to the tune of literally tens of millions of dollars.”

The EPA’s past administra­tors were not being bilked, however — they were buying the research results they wanted. When President Obama assumed office eight years ago, he cleaned house at the EPA of those who might question the environmen­tal orthodoxy. Staff and board positions were stocked with true believers or those who feigned true belief, to secure their positions. The sweetener of lucrative grants to compromise­d advisers helped assuage any guilt the members might have felt in skewing their research to provide the Obama administra­tion with the “science-based evidence” it needed to justify its global warming agenda.

The cronyism at the EPA may have deepened under Obama, but by no means did he begin it. “For decades, EPA’s assorted advisory boards have been packed with people who could be relied upon to rubber-stamp EPA’s regulatory actions,” states the National Center for Public Policy Research. ideologues — of the left or the right — at his agency.

Next, the Trump administra­tion will seek a diversity of scientific views — the 22 committees are now required to follow the express intent of the law and be “fairly balanced in terms of the points of view represente­d.” In part, they will do this by drawing on experts from across the country in order to bring different experience­s and perspectiv­es into the mix. The old EPA had not only excluded scientists who challenged the global warming orthodoxy, it had also been excluding scientists from Middle America whose regional perspectiv­es administra­tion used 137 times, the Sierra Club, for example, would sue the EPA over some claim relating to the global warming agenda that would require new rules difficult if not impossible to achieve through Congress. The EPA would then settle the case through closed-door negotiatio­ns by agreeing to impose regulation­s.

Through this mechanism the Obama administra­tion pushed through sweeping changes, including its Clean Power Plan, which enabled the Paris Climate Agreement to occur, and the MACT rule, which forced utilities to adopt overly stringent pollution controls on coaland oil-fired electric power plants at a cost approachin­g US$10 billion per year. For good measure, the EPA would pay fat fees to the environmen­tal groups’ lawyers.

“Sue and settle” effectivel­y gave special interests and the EPA the ability to make rules outside the EPA’s authority, sidesteppi­ng Congress and state government­s and denying the public and industries affected by regulation­s the opportunit­y to make their case. That ended last month, with reforms requiring open hearings, publicatio­n of proceeding­s, public participat­ion, timely notificati­ons to states and affected parties, and an end to the attorney fees and litigation costs that made suing a profitable activity in its own right.

The swamp is deep and murky, the better to hide from public view the obscure methods through which sordid backroom deals were done. As i t ’s drained, more and more rot becomes exposed; as it’s drained, transparen­cy and accountabi­lity comes to government.

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