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House Republicans press EPA to publish rulemaking petitions and notices of intent to sue


From the December 7, 2012 issue of Public Power Daily

Originally published December 7, 2012

Republican leaders of the House Energy and Commerce Committee have pressed the Environmental Protection Agency to make available on its website rulemaking petitions and notices of intent to sue the agency. That "would significantly increase the transparency of EPA's regulatory process," the GOP members said in a Nov. 30 letter to EPA Administrator Lisa Jackson.

Jackson committed to making such information available on the agency's website when she testified at a Feb. 28 hearing, the lawmakers noted. Committee members asked the agency to do so in a March 30 letter, but were told June 12 that the agency could not because it "does not currently have a centralized process to individually characterize and sort all the different types of notices of intent that the agency receives," the Nov. 30 letter said.

However, EPA Assistant Administrator for Air and Radiation Gina McCarthy testified June 29 that EPA’s general counsel tracks rulemaking petitions and notices of intent to sue. McCarthy’s testimony "makes clear that a mechanism does exist for centralized management of at least the most significant notices of intent to sue and rulemaking petitions," the House members said.

The letter was signed by full committee Chairman Fred Upton, R-Mich.; Environment and the Economy Subcommittee Chairman John Shimkus, R-Ill.; Communications and Technology Subcommittee Chairman Greg Walden, R-Ore.; and Energy and Power Subcommittee Chairman Ed Whitfield, R-Ky. Also signing the letter were Reps. Lee Terry, R-Neb.; Michael Burgess, R-Texas; Robert Latta, R-Ohio; and Cory Gardner, R-Colo.

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