Chamber Calls on EPA to Investigate NRDC Role in Mercury Regs

WASHINGTON, D.C. – The United States Chamber of Commerce today filed comments with EPA on its proposed mercury air rule and called on the Administrator to investigate the appearance of a conflict of interest between the Natural Resources Defense Council (NRDC) and the agency.

In its comments submitted to the EPA, the Chamber disclosed a possible conflict of interest by an NRDC official who was later employed by the EPA. That official filed the original lawsuit against the EPA, which instigated the rulemaking process on mercury. He then had oversight over the settlement of that lawsuit, which was ruled in NRDC's favor as a senior official with the EPA, according to the Chamber.

That official, now back at the NRDC, reportedly recused himself from involvement in the mercury settlement. However, questions remain regarding his oversight of EPA's air office during the settlement of the lawsuit and promulgation of the regulation.

"Any evidence of impropriety could open up a Pandora's box into the relationship between the NRDC and the EPA," said William Kovacs, Chamber vice president of environmental affairs.

"The circumstances surrounding their relationship raise significant questions about a possible conflict of interest and the rulemaking's transparency and validity."

A conflict of interest during the rulemaking is an unconstitutional violation of due process and could invalidate the entire 14-year proposal, the Chamber noted. The Chamber is requesting that the administrator of EPA conduct a full investigation into this matter.

"We want proof of his recusal and still have many questions," said Kovacs. "And we're calling on the Administrator to give us answers."

The mercury proposal is at the heart of the administration's Clear Skies initiative, which is designed to promote further reductions in air pollution. The Chamber supports a cap-and-trade policy that would allow flexibility in achieving emissions targets to improve air quality.

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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