U.S. Senate Committee on Environment and Public Works
FOR IMMEDIATE RELEASE:
Contact:
Kristina Baum - 202.224.6176
Donelle Harder - 202.224.128two
Inhofe Calls to Question White House Hire from the Environmental Defense Fund
WASHINGTON, DC - U.S. Senator Jim Inhofe (R-Okla.), chairman of the Senate Committee on Environment and Public Works (EPW), today sent a letter to the White House Counsel, W. Neil Eggleston, questioning the hiring of Megan Ceronsky as a senior advisor to President Obama in the White House Office of Energy and Climate Change. Ceronsky was previously a senior official at the Environmental Defense Fund (EDF) where she played an instrumental role in shaping rules to push forward the implementation of the president's Climate Action Plan.
"The recent news that the White House has hired a senior official from the Environmental Defense Fund (EDF), an environmental group that played an integral role in shaping the rules, to 'help push forward the implementation of the president's Climate Action Plan,' is especially alarming," said Chairman Inhofe. "It appears highly inappropriate to have Ms. Ceronsky serve in any capacity interacting with E.P.A. or otherwise involved in the development of these rules, considering her prior legal representation and advocacy on behalf of EDF before E.P.A. on these very same matters."
According to the Requirements of Ethical Conduct for Employees of the Executive Branch, five C.F.R. 2635.502, federal employees are not to participate in particular matters in which the employee previously represented a party in the matter and where a reasonable person would question the employee's impartiality. State bar requirements also address the requirements of an attorney to act on behalf of their clients and the possible need for disqualification to avoid conflicts of interest related to their work for former clients.
The letter to White House Counsel Eggleston looks for information about whether Ms. Ceronsky will be recused from interacting with her former employer, the Environmental Defense Fund, and copies of her communications with the E.P.A., among other topics.
The full text of the letter is also below:
March 23, 2015
Mr. W. Neil Eggleston
Counsel to the President
Office the White House Counsel
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500
Dear Mr. Eggleston:
The U.S. Senate Committee on Environment and Public Works (EPW) has been conducting oversight of the E.P.A.'s (EPA) suggested climate regulations as part of the President's Climate Action Plan. These suggested rules are based on questionable legal theories and would have a devastating impact on the nation's economy and electricity reliability while doing very little to curb global carbon emissions.
There is concern that key environmental activists have had an outsized influence in developing the rules compared to states and ordinary Americans who will ultimately bear the burden of these actions. The recent news that the White House has hired a senior official from the Environmental Defense Fund (EDF), an environmental group that played an integral role in shaping the rules, to "help push forward the implementation of the President's Climate Action Plan,"[2] is especially alarming.
The official in question, Megan Ceronsky, was EDF's Director of Regulatory Policy and Senior Attorney before she was hired in January 2015 as a senior advisor in the White House Office of Energy and Climate Change.[3] This appointment is particularly concerning in light of Ms. Ceronsky's representation of EDF in litigation seeking issuance of these very rules, as well as her participation in EPA's development of these rules themselves. Accordingly, your cooperation is requested to better understanding Ms. Ceronsky's appointment and future role to address concerns about Ms. Ceronsky's impartiality and to ensure the utmost level of integrity in the regulatory process being overseen by the White House.
EDF was a party to the initial litigation against E.P.A. over new source performance Requirements for new and modified power plants (NSPS) and emission guidelines for existing power plants (ESPS) under section 111 of the Clean Air Act.[4] The parties reached an initial settlement in December 2010[5] and agreed to a revised settlement in June 2011.[6] As counsel of record for EDF, Ms. Ceronsky was a signatory to the revised settlement, which required E.P.A. to propose the NSPS by September 30, 2011.[7] This extension was made without any opportunity for public comment.
E.P.A. failed to meet the revised settlement deadline to propose the NSPS, and documents obtained by the Committee reveal that Ms. Ceronsky, in fact, participated in negotiations with E.P.A. in October 2011 to extend the deadlines and hold the litigation in forbearance.[8] E.P.A. initially suggested the NSPS on March 27, 2012.[9] A year later, on March 27, 2013, Ms. Ceronsky sent a notice of intent to sue to the EPA, on behalf of EDF and other environmental groups for not finalizing the NSPS.[10] Ms. Ceronsky's was also part of a follow-up letter on the same topic sent by another EDF attorney on April 15, 2013.[11]
Before E.P.A. finalized the NSPS rule, President Obama released his Climate Action Project in June 2013,[12] and directed E.P.A. to re-propose the NSPS by September 20, 2013, and to finalize it in a timely fashion thereafter. [13] The President also directed E.P.A. to issue a suggestion for modified and existing power plants by June 1, 2014, and to finalize that rule within a year. [14] E.P.A. subsequently re-proposed the NSPS in January 2014[15] and suggested the ESPS in June 2014.[16]
Ms. Ceronsky was invited to an August 29, 2013, meeting at E.P.A. headquarters, along with the Natural Resources Defense Council (NRDC),another environmental activist group involved in drafting the rules, to discuss outreach for the rules.[17] On December 10, 2013, Ms. Ceronsky sent a white paper advocating EPA's legal authority to require carbon capture and sequestration under the NSPS[18] and a related blog posting to an attorney in the E.P.A. Office of General Counsel.[19] Notably she said: "I wanted to share the attached blog and legal analysis defending the suggested Carbon Pollution Requirements for new power plants from the attacks leveled by the House Energy and Business leadership, which went up Friday."[20] E.P.A. even cited a 2nd white paper she co-authored with another EDF attorney in the Agency's legal memorandum for the ESPS.[21]
Moreover, Ms. Ceronsky is included on emails sent between the NRDC and senior E.P.A. officials concerning meeting requests to discuss the ESPS.[22] At a minimum, we are aware she also participated in meetings on August 26, 2014,[23] September 10, 2014,[24] and October 21, 2014,[25] and a conference call on October 30, 2014,[26] with E.P.A. to discuss the suggested rules.
According to the Requirements of Ethical Conduct for Employees of the Executive Branch, five C.F.R. 2635.502, federal employees are not to participate in particular matters in which the employee previously represented a party in the matter and where a reasonable person would question the employee's impartiality. State bar requirements also address the requirements of an attorney to act on behalf of their clients and the possible need for disqualification to avoid conflicts of interest related to their work for former clients.
It appears highly inappropriate to have Ms. Ceronsky serve in any capacity interacting with E.P.A. or otherwise involved in the development of these rules, considering her prior legal representation and advocacy on behalf of EDF before E.P.A. on these very same matters. It is akin to having the fox watch the henhouse.
Given these concerns, it is important that Congress and the American people have confidence that Obama Administration officials are acting with impartiality and in the best interest of the American people, in accordance with federal conflict of interest and ethics laws, and not in any way advocating in favor of former employers or clients.
In order to better understand the circumstances surrounding Ms. Ceronsky's work on the Climate Action Project and her adherence to federal ethics laws, please provide the following information and documents no later than [one week]:
1. A copy of any financial disclosure forms, ethics agreements, screening arrangements, recusals, and/or conflict of interest waivers concerning Ms. Ceronsky; and
2. Copies of all communications between Ms. Ceronsky and the EPA, the D.O.E., the Department of Justice, and/or the Council on Environmental Quality concerning regulation of new, modified, and existing power plants pursuant to section 111 of the Clean Air Act.
I look forward to your prompt response to this request. Please have your staff contact the Committee on Environment and Public Works at (202) 224-6176 with any questions concerning this request.
Sincerely,
James M. Inhofe,
Chairman
