Feb 24, 2017
Oklahoma Attorney General Scott Pruitt has understandably received considerable criticism from opponents of his confirmation as Director of the Environmental Protection Agency, based on his record and post-election statements. It is anticipated that Scott Pruitt will be adversarial but fair in his position given past accomplishments.
A January 18th editorial in the Wall Street Journal documents the mutually successful outcome of lawsuits brought against poultry producers over alleged pollution of the Illinois River Basin. The litigation was initiated by Oklahoma Attorney General Drew Edmondson who preceded Scott Pruitt in that position
The lawsuit heard in Oklahoma was decided in favor of the Defendants by Federal Judge Gregory Frizzell who ruled “The State has not yet met its burden of proving that bacteria in the waters are caused by the application of poultry litter rather than by other sources including cattle manure and human septic systems.”
Judge Frizzell ruled in 2009 that the state of Oklahoma could not seek monetary damages unless the Cherokee Nation joined the suit since their land was involved in the alleged pollution. This ruling was supported by the 10th Circuit Court of Appeals allowing Mr. Pruitt to abandon the case against poultry producers.
In 2013 Scott Pruitt successfully negotiated a compromise by cooperating with the adjoining state of Arkansas to regulate phosphorus runoff and to initiate a project to obtain data to guide further regulations. The Wall Street Journal editorial noted “A cooperative approach can be more effective and less costly than litigation.”
It is hoped that Scott Pruitt when confirmed will bring common sense and a broader prospective to the Environmental Protection Agency. It will be for him to restore balance between environmental concerns and the agribusiness sector which was lacking in the zealous approach by the Agency during the tenure of President Obama.
A start has been made with an Executive Order freezing hiring and any new expenditure on contracts and a ban on non-cleared press releases. One can hear the shuffling of Birkenstocks in the Federal Triangle as middle-level and senior administrators rush to their Priuses in the parking lot.