CONTACTS: Linda Rozett/David Felipe
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WASHINGTON, D.C. – The United States Chamber of Commerce criticized a deal between the Environmental Protection Agency (EPA) and the Sierra Club, in comments filed with the agency today, saying the deal subverts the rulemaking process.

 

"Environmental policies should come in the front door of the rulemaking process, not the back door of the courthouse," said William Kovacs, Chamber vice president for environment and regulatory affairs.  "Regulation by litigation replaces traditional rulemaking procedures with secrecy and special deals."

 

The Chamber's comments challenge language in a proposed EPA consent decree with the Sierra Club that guarantees that EPA will regulate low level emissions at industrial facilities.  In the agreement, EPA has agreed to conduct a rulemaking process before deciding whether a rulemaking is even necessary. By law, the EPA must first determine whether a rulemaking is necessary.

 

Regulation by litigation is a rapidly emerging approach that environmentalists are using to control the process of regulatory rulemaking to their own benefit, according to the Chamber. Through this approach, special interests are eliminating the transparency of rulemakings and sidestepping the traditional avenues of public comment.

 

"Enviro groups are using this tactic to achieve regulatory controls that are otherwise unavailable through normal channels," said Kovacs.  "EPA does not have the luxury of settling court cases by means and methods that are not approved by Congress." 

 

The Chamber has proposed that EPA first make an independent decision on whether a rulemaking on residual risk from air pollution is necessary, prior to commencing the rulemaking.

 

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

 

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