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Tuesday, December 15, 2015

GAO: EPA Violated Lobbying Laws

OMAHA (DTN) -- EPA officials broke the law when they created a social media campaign to generate support for the controversial Clean Water Act rule redefining waters of the U.S., the Government Accountability Office said in a report Monday.
EPA's campaign to pump up the waters of the U.S. rule constituted "covert propaganda" and violated laws against such public-relations campaigns, GAO said in its report.
The investigation report comes as farm groups, manufacturers and others have been pushing lawmakers to follow through on votes against the rule in both chambers by including a policy rider blocking EPA from implementing the rule. EPA sought to finalize the change in definition for waters of the U.S., but states and industry groups immediately sued. The rule remains tied up in a federal appeals court injunction blocking it from being implemented.
According to the GAO report, EPA used Twitter, Facebook, Tumblr and other social media from February 2014 to July 2015 to generate a positive campaign about the waters of the U.S. rule. EPA officials used a "crowdspeaking platform" called Thunderclap to send out specific messages to a broad array of people at one time. EPA used Thunderclap multiple times, which included a campaign message "I Choose Clean Water."
GAO said EPA engaged in covert propaganda by failing to disclose its role in the Thunderclaps. The messages included links to EPA blogs explaining the agency's position on the Clean Water Act rule and asking people to lend their support. Yet, EPA did not identify the agency as the author of the message. The GAO stated, "The critical element of covert propaganda is the agency's concealment from the target audience of its role in creating the material."
EPA also violated grassroots lobbying laws by linking the agency's website to the website of lobby groups that supported EPA's position.
The GAO stated that EPA directly asked people to appeal to Congress not to stop the rule from going into effect. The GAO said that's a violation of laws against grassroots lobbying or campaigning.
The GAO sent the 26-page report Monday to Senate Environment and Public Works Committee. Chairman Jim Inhofe, R-Okla., laid into the agency, declaring the agency's actions bolster the need for more oversight and investigations of EPA not just regarding the water rule but EPA's Clean Power Plan as well.
"GAO's finding confirms what I have long suspected, that EPA will go to extreme lengths and even violate the law to promote its activist environmental agenda," Inhofe said. He added, "EPA's illegal attempts to manufacture public support for its waters of the United States rule and sway congressional opinion regarding legislation to address that rule have undermined the integrity of the rulemaking process and demonstrated how baseless this unprecedented expansion of EPA regulatory authority really is."
In a statement, EPA officials disagreed with the GAO assessment and indicated that the agency simply did not meet reporting requirements. EPA officials stated the agency would "fulfill whatever reporting requirements are necessary."
Also, agency officials added, "At no point did the EPA encourage the public to contact Congress or any state legislature."

Agency officials also did not back down on the use of social media. "We maintain that using social media to educate the public about our work is an integral part of our mission. We have an obligation to inform all stakeholders about environmental issues and encourage participation in the rulemaking process. We use social media tools just like all organizations to stay connected and inform people across the country about our activities."