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Wednesday, May 10, 2017

Scott Pruitt has recused himself in any direct involvement with a number of lawsuits he filed as attorney general of Oklahoma

OMAHA (DTN) -- In his new capacity as U.S. Environmental Protection Agency Administrator, Scott Pruitt has recused himself in any direct involvement with a number of lawsuits he filed as attorney general of Oklahoma including the waters of the United States, or WOTUS, rule, according to a memorandum signed by Pruitt and addressed to several EPA officials last week.During congressional hearings on his nomination, Democratic lawmakers asked Pruitt to recuse himself if and when he may have direct involvement as EPA administrator with any legal cases he filed as AG.The state of Oklahoma was one of about 30 states that filed lawsuits to stop the WOTUS rule during the past two years. The rule is hung up in federal court and the U.S. Supreme Court is set to hear a challenge this year on whether the U.S. Court of Appeals for the Sixth Circuit is the proper venue. The EPA is in the process of rewriting the rule."To demonstrate my profound commitment to carrying out my ethical responsibilities, while I am the administrator of the United States Environmental Protection Agency," he wrote, "I will not participate in any active cases in which Oklahoma is a party, petitioner or intervenor."I understand that this commitment is longer than is required by the federal impartiality standards, but I am taking this action to avoid even the appearance of any impropriety under federal ethics or professional responsibility obligations."Pruitt's nomination and subsequent confirmation by the U.S. Senate sent shockwaves across the environmental community, because of the administrator's involvement in a number of lawsuits he filed against the agency.Federal ethics rules, however, do not require Pruitt to recuse himself from EPA rulemaking activities.Pruitt said in the memo he reserves the right to re-insert himself into some of the legal cases after a one-year abstention from those cases as part of an ethics pledge.