U.S. GOVERNMENT PUBLISHING OFFICE

34–698 PDF WASHINGTON : 2019

S. HRG. 115–463 

HEARING ON THE NOMINATIONS OF WILLIAM 

CHARLES MCINTOSH AND PETER C. WRIGHT 

TO BE ASSISTANT ADMINISTRATORS OF THE 

ENVIRONMENTAL PROTECTION AGENCY 

HEARING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JUNE 20, 2018 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma 

SHELLEY MOORE CAPITO, West Virginia 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

MIKE ROUNDS, South Dakota 

JONI ERNST, Iowa 

DAN SULLIVAN, Alaska 

RICHARD SHELBY, Alabama 

THOMAS R. CARPER, Delaware, 

Ranking Member 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

CORY A. BOOKER, New Jersey 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

(III) 

C O N T E N T S 

Page 

JUNE 20, 2018 

OPENING STATEMENTS 

Barrasso, Hon. John, U.S. Senator from the State of Wyoming .......................... 1 

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 5 

WITNESSES 

Daines, Hon. Steve, U.S. Senator from the State of Montana ............................. 2 

Rice, Hon. Tom, U.S. Representative from the State of South Carolina ............ 4 

McIntosh, William Charles, nominee to be Assistant Administrator for the 

Office of International and Tribal Affairs .......................................................... 9 

Prepared statement .......................................................................................... 11 

Response to an additional question from Senator Barrasso ......................... 14 

Responses to additional questions from: 

Senator Carper .......................................................................................... 14 

Senator Merkley ........................................................................................ 22 

Senator Sullivan ........................................................................................ 24 

Senator Whitehouse .................................................................................. 25 

Wright, Peter C., nominee to be Assistant Administrator for the Office of 

Land and Emergency Management .................................................................... 31 

Prepared statement .......................................................................................... 33 

Responses to additional questions from: 

Senator Barrasso ....................................................................................... 36 

Senator Carper .......................................................................................... 37 

Senator Booker .......................................................................................... 42 

Senator Duckworth ................................................................................... 44 

Senator Merkley ........................................................................................ 46 

Response to an additional question from Senator Sullivan .......................... 49 

Responses to additional questions from Senator Whitehouse ...................... 49 

ADDITIONAL MATERIAL 

Letter to Senators Barrasso and Carper from: 

G. Tracy Mehan, III, RE: William McIntosh, nominee, Assistant Administrator for the Office of International and Tribal Affairs, U.S. Environmental Protection Agency, June 18, 2018 ................................................... 234 

Shannon S. Broome, Hunton Andrews Kurth LLP, June 18, 2018 .............. 236 

Andrew J. Such, Michigan Manufacturers Association, June 18, 2018 ....... 238 

Tim O’Brien ....................................................................................................... 239 

John E. Milner, Esquire, American Bar Association, February 28, 2018 .... 240 

Laurence S. Kirsch, Goodwin, Re: Nomination of Peter C. Wright as 

Assistant Administrator for the Office of Land and Emergency Management, U.S. Environmental Protection Agency, February 28, 2018 ........... 242 

(1) 

HEARING ON THE NOMINATIONS OF WILLIAM 

CHARLES MCINTOSH AND PETER C. 

WRIGHT TO BE ASSISTANT ADMINISTRATORS OF THE ENVIRONMENTAL PROTECTION AGENCY 

WEDNESDAY, JUNE 20, 2018 

U.S. SENATE, 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:02 a.m. in room 

406, Dirksen Senate Office Building, Hon. John Barrasso (Chairman of the Committee) presiding. 

Present: Senators Barrasso, Carper, Inhofe, Capito, Wicker, 

Fischer, Rounds, Ernst, Sullivan, Cardin, Whitehouse, Gillibrand, 

Booker, Markey, and Van Hollen. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM THE STATE OF WYOMING 

Senator BARRASSO. Good morning. I call this hearing to order. 

Today we will consider two nominees to serve as Assistant Administrators of the Environmental Protection Agency, William 

Charles ‘‘Chad’’ McIntosh, former Manager of Global Environmental Policy at the Ford Motor Company, and Peter C. Wright, 

Managing Counsel at Dow Chemical Company. 

Both nominees before us today are well qualified and will bring 

a wealth of experience and expertise to critically important roles in 

protecting America’s public health and safety. 

President Trump has nominated Chad McIntosh to lead the 

EPA’s Office of International and Tribal Affairs. The Office of 

International and Tribal Affairs coordinates EPA’s interaction with 

tribal and foreign governments. The office works across EPA’s programs and regions to develop and implement policies and programs 

to protect the public health and the environment. 

Tracy Mehan, former Assistant Administrator of EPA’s Office of 

Water and former Director of Michigan’s Office of the Great Lakes, 

said this of Mr. McIntosh: ‘‘As someone who has had the pleasure 

to work with Chad McIntosh on Great Lakes and other environmental issues in Michigan State government, I can testify to his 

solid technical, policy, and legal expertise as both an engineer and 

an attorney. He was a conscientious public servant and an outstanding conservationist. He will be an excellent addition to the 

team at EPA. He is a great colleague and administrator.’’ 

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President Trump has also nominated Peter Wright. If confirmed, 

he will lead EPA’s Office of Land and Emergency Management. 

The Office of Land and Emergency Management provides policy, 

guidance, and direction for EPA’s emergency response and waste 

programs. This office oversees the Superfund program, which is a 

priority for this Administration, as well as this Committee. 

John Milner, the Chair of the American Bar Association’s Section 

on Environment, Energy, and Resources, said this of Mr. Wright: 

‘‘Peter’s career, his selfless commitment to the American Bar Association’s Section of Environment, Energy, and Resources, and the 

members it serves, and his well recognized personal integrity exemplify the highest standards of the legal profession. We enthusiastically and without reservation support the consideration of Peter as 

Assistant Administrator of OLEM and believe Peter will serve the 

office with distinction and honor.’’ 

There are approximately 1,300 listed Superfund sites across the 

country that are a threat to the environment, to public health, and 

the economy. These sites must be cleaned up in a thorough and efficient manner. Likewise, there are approximately 450,000 

Brownfields sites that also need to be addressed. The EPA 

Brownfields Program is a great example of Washington working 

with local communities to address pollution and to find new uses 

for long abandoned sites. 

Earlier this year this Committee was able to pass and get signed 

into law bipartisan legislation reauthorizing EPA’s important 

Brownfields Program. This law will assist States and local communities in their efforts to clean up and reuse these properties. 

The EPA needs a leader like Mr. Wright to ensure that the 

EPA’s Superfund and Brownfields Programs properly address 

America’s contaminated sites. 

I look forward to hearing from both Mr. McIntosh and Mr. 

Wright today as the Committee considers their nominations. 

I would like to now turn to the Ranking Member for his statement, Senator Carper. 

Senator CARPER. Thanks, Mr. Chairman. 

Good morning, one and all. Welcome to our friends. 

Have you already been introduced? 

Senator BARRASSO. No. We have the Senator and the Congressman to do the initial introductions. 

Senator CARPER. OK. Should they go first so they can leave? 

Senator BARRASSO. That would be fine. I don’t want to take—— 

Senator CARPER. You all go ahead, please. 

Senator BARRASSO. Well now, Senator Daines, would you like to 

introduce Mr. Wright? Welcome to the Committee. 

STATEMENT OF HON. STEVE DAINES, 

U.S. SENATOR FROM THE STATE OF MONTANA 

Senator DAINES. I would be happy to. Thanks, Mr. Chairman. 

I want to thank Chairman Barrasso and Ranking Member for allowing us to be here today. 

I would also like to welcome to the Committee Mr. Peter C. 

Wright. Mr. Wright and I met in my office just last week, and if 

confirmed, I trust he will excel as EPA’s Assistant Administrator 

for the Office of Land and Emergency Management. 

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Mr. Wright has an extensive background in environmental law 

and regulatory counseling. In fact, during his nearly 20 years at 

the Dow Chemical Company, he has led legal strategy on hundreds 

of Superfund, State-led, and other remediation sites. 

Mr. Wright has also been a leader of the American Bar Association’s Section of Environment, Energy, and Resources. He earned 

his J.D. summa cum laude from Indiana University and his A.B. 

summa cum laude from Wabash College. 

If confirmed, Mr. Wright will carry out Administrator Pruitt’s 

mission. For one, he will continue the charge on improving the 

Superfund Program. 

Let me tell you something, last Friday I was in Anaconda, Montana. It is one of the Superfund sites. Under Administrator Pruitt 

and the EPA, we are finally working to bring closure—an end—to 

some of these Superfund sites that have just dogged us for years 

in Montana. In fact, this was declared a Superfund site in 1983. 

I was a junior in college at Montana State University when that 

occurred, and there is no signed consent decree yet. The studies are 

done. It is time to stop studying it and move to closure. 

I will tell you something, Doug Benevento, Region 8, EPA has 

been in Anaconda. I think he is almost a permanent resident there. 

He has the community support, working with the local officials, the 

State officials, and we are actually starting to see property values 

start to increase for the first time in Anaconda, Montana, in a long 

time. 

He understands the need to improve the way the EPA oversees 

environmental cleanup and hazardous waste sites and the need to 

see those cleanups happen more expeditiously, while protecting 

human health and the environment. I saw that firsthand last Friday. 

This program is personal to me, coming from Montana, where we 

are home to two of the most expensive and expansive Superfund 

sites in the Nation. 

I would also like to thank Chairman Barrasso and Ranking 

Member Carper for having me here and for the opportunity to introduce this highly qualified nominee. I hope to see him clear this 

Committee so that the full Senate can consider his nomination 

swiftly. 

Thank you. 

[The prepared statement of Senator Daines follows:] 

STATEMENT OF HON. STEVE DAINES, 

U.S. SENATOR FROM THE STATE OF MONTANA

Mr. Wright has an extensive background in Environmental Law and regulatory 

counseling. In fact, during his nearly 20 years at Dow Chemical Company he has 

led legal strategy on hundreds of Superfund, State-led, and other remediation sites. 

Mr. Wright has also been a leader of the American Bar Association’s section of 

environment, energy, and resources. He earned his J.D. summa cum laude from Indiana University and his A.B. summa cum laude from Wabash College. 

If confirmed Administrator Wright will carry out Secretary Pruitt’s mission. For 

one, he’ll continue the charge on proving the Superfund program. 

Let me tell you something, last Friday, I was in Anaconda, Montana; it’s one of 

the Superfund sites. Under Administrator Pruitt and the EPA we’re finally working 

to bring closure—an end—to some of these Superfund sites that have just dogged 

us for years in Montana. In fact, this was declared a Superfund site in 1983; I was 

a junior in college at Montana State University when that occurred, and there’s no 

signed consent decree yet. 

4 

So the studies are done; it’s time to stop studying it and move to closure, and I’ll 

tell you something—Doug Benevento, Region 8 Administrator has been in Anaconda 

so long I think he’s almost a permanent resident there. He’s got the community support, working with the local officials, the State officials, and we’re actually seeing 

property value begin to increase for the first time in Anaconda in a long time. He 

understands the need to improve the way the EPA oversees environmental cleanup 

at hazardous waste sites and the need to see those cleanups happen more expeditiously while protecting human health and the environment. I saw that firsthand 

last Friday. This program is personal to me coming from Montana where we’re 

home to two of the most expansive Superfund sites in the Nation. 

I’d also like to thank Chairman Barrasso and Ranking Member Carper for having 

me here and for the opportunity to introduce this highly qualified nominee. I hope 

to see him clear this Committee so that the full Senate can consider his nomination 

swiftly. 

Senator BARRASSO. Thank you very much, Senator Daines. We 

appreciate you taking time to be here. We know you have a very 

busy schedule this morning. If you need to excuse yourself, please 

do. 

We would also like to welcome to the Committee Congressman 

Tom Rice from South Carolina’s 7th Congressional District, who is 

here to introduce Mr. McIntosh. 

Congressman Rice, welcome to the Committee. Thank you for 

being here today. 

STATEMENT OF HON. TOM RICE, U.S. REPRESENTATIVE 

FROM THE STATE OF SOUTH CAROLINA 

Representative RICE. Thank you, Mr. Chairman. It is my pleasure to introduce Chad McIntosh, who recently moved to Murrells 

Inlet, South Carolina, in my district, along with about 10 percent 

of the population of the Northeast and the Midwest who continue 

to pour in to our beautiful, beautiful district. 

I imagine he is enjoying the weather quite a bit more now. I only 

met him last week; was very impressed with him and was convinced to do this introduction when he shared with me that he is— 

like me—an offshore fisherman and would share some of his GPS 

coordinates to his favorite fishing holes. 

Mr. McIntosh is a strongly qualified nominee to lead the EPA’s 

Office of International and Tribal Affairs as an Assistant Administrator. Mr. McIntosh’s extensive engineering and legal experience 

strongly position him to take on this role at the EPA. He spent 20 

years managing global and environmental policy at Ford Motor 

Company, where he managed environmental quality offices at multiple international locations, and provided environmental regulatory compliance, permit development, and enforcement negotiation for all of the company’s manufacturing facilities. 

Before his time at Ford Motor Company, he served as Deputy Director for the Michigan Department of Environmental Quality, 

where he worked closely with tribal and State leaders, oversaw regulatory reform and criminal investigations, and directed the development of administrative rules packages for the State. 

He has demonstrated his ability to develop and implement sound 

regulatory policy and manage large organizations. His leadership 

skills and wealth of experience will make him a strong asset for the 

Environmental Protection Agency. 

I yield. 

5 

Senator BARRASSO. Well, thank you very much for being with us, 

Representative Rice. I know you have a busy schedule as well. You 

are welcome to stay for the entirety of the hearing, if you would 

like, but I know you have additional commitments, so thank you 

for joining us today. 

Senator CARPER. Representative Rice, before you leave, could I 

just ask you a couple questions? 

[Laughter.] 

Senator BARRASSO. I would be careful. 

Representative RICE. Yes, sir. 

Senator CARPER. My wife is from western North Carolina. Her 

father is from South Carolina. He is now deceased. Star Stacy was 

his name. And if I closed my eyes when you were talking, I would 

swear he was at this table. It was great to hear that South Carolina accent. 

Representative RICE. If your wife is from North Carolina, she has 

probably been to Myrtle Beach once or twice. 

Senator CARPER. We will talk about that later. 

[Laughter.] 

Senator CARPER. Thanks for joining us. 

Senator BARRASSO. Senator Carper, would you like to continue 

with your opening statement? Then I will introduce the nominees. 

OPENING STATEMENT OF HON. THOMAS R. CARPER, 

U.S. SENATOR FROM THE STATE OF DELAWARE 

Senator CARPER. Thank you, Mr. Chairman. 

To our nominees, welcome, one and all. Thank you for your willingness to serve. I presume there are probably some members of 

your families that are here. 

If you happen to be a family member of one our nominees today, 

would you just raise your hand? Just raise your hand. OK. All 

right. 

If you are, but you don’t want to admit it, would you raise your 

hand? 

[Laughter.] 

Senator CARPER. OK. 

Well, Mr. Chairman, thanks for bringing us together. We are 

here to consider the nominations of Chad, also known as William 

Charles McIntosh, who has been selected to lead the EPA Office of 

International and Tribal Affairs, and Peter Wright, President 

Trump’s pick to lead EPA’s Office of Land and Emergency Management. 

As my colleagues know, sometimes to our witnesses, our nominees, I describe myself as a recovering Governor. I am still recovering, and some others are also recovering Governors here. But for 

the most part, I believe that executives—including Governors, mayors, and even Presidents—generally deserve a preference and deference, if you will, in picking their leadership teams, and I have 

agreed to confirm a number of Trump administration nominees by 

voice vote; not for long, drawn out debates and battles and so forth, 

but by voice votes. 

I did so because I expected that this Committee would hold nominees accountable for their actions and conduct necessary oversight, 

and doing so would follow the Committee’s historical precedent 

6 

that has always been adhered to, regardless of which political party 

was in the majority. 

This Committee has the responsibility to conduct oversight of the 

Federal agencies within our jurisdiction, and there are a bunch of 

them, as well as the leadership at those agencies. Any member of 

this Committee is entitled to request an oversight hearing if he or 

she believes it is warranted. Historically, we have held regular 

oversight hearings, especially when events clearly warrant such 

hearings. 

I can think of no time in all my years in government when 

events more clearly warranted an immediate series of hearings 

with an administrator, in this case the Administrator of the EPA. 

Today we are learning, almost every day, of a new scandal—some 

small, some not small—involving Administrator Pruitt, and I want 

to highlight just a couple of those, if I could. 

Mr. Pruitt has used EPA staff to help his wife find a job, search 

for real estate, try to buy a used mattress for the Trump Hotel—— 

Senator INHOFE. Mr. Chairman, sorry to interrupt here. First of 

all, you should qualify this by saying he has been accused of the 

following. It is a big difference. I happen to know him well. I know 

what you just said is not correct. 

Senator CARPER. Well, we all have a right to disagree, and we 

have heard this repeatedly from a lot of different sources. I appreciate very much my colleague’s words. 

Mr. Pruitt has spent exorbitant amounts of taxpayer dollars on apparently illegal $43,000 phone booth and foreign trips organized 

by lobbyists. He has accepted tickets to sporting goods and below 

market rent on his condo from people who had business before the 

EPA. At the request of political supporters, he accelerated the 

Superfund cleanup process and directed that EPA research dollars 

be used for pet projects. For months now Mr. Pruitt’s behavior has 

been concerning and clearly, to most of us, I think, unethical. 

However, in recent weeks new revelations show that some of the 

Administrator’s actions may be illegal. We are a separate, co-equal 

branch of Government. We don’t need permission to conduct oversight, and we are abdicating a fundamental responsibility of this 

body if we continue to fail to do so. 

As of today the majority of members of this Committee, including 

a majority of Republicans, I believe, have stated that they would 

like to see Mr. Pruitt testify and provide much needed answers 

about his misconduct. 

I know that our Chairman announced last night that the Administrator may be coming before our Committee sometime in August. 

I welcome that, but frankly, a hearing with the Administrator is 

already long overdue. Mr. Pruitt has come before our Committee 

only once during his entire tenure as Administrator of the EPA. 

I don’t believe anyone would argue with me when I say that if 

Lisa Jackson or Gina McCarthy had done even one or two of the 

many things that Mr. Pruitt has done, appears to have done, the 

majority would have had them before us testifying every other 

week. 

Now, as far as I know, this Committee does not yet have any 

other hearings on the books. We shouldn’t go, I think, 8 weeks before we invite Mr. Pruitt to appear to answer for, I believe, his misVerDate Aug 31 2005 09:56 Feb 13, 2019 Jkt 000000 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\34698.TXT SONYA
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behavior. I believe I speak for my colleagues, both Republican and 

Democrat, that we will clear our schedules and make time available as soon as possible. 

Having said that, let me just say to our witnesses here today, our 

nominees here today, we appreciate that you are here. We appreciate the opportunity to meet with you yesterday. We appreciate 

your willingness to serve. I was able to meet with both of you yesterday and look forward to learning more about your visions for the 

important positions to which you have been nominated. 

I do need to caution you both that your paths to confirmation will 

be troubled. Will be troubled. Could be troubled. Of the 60 oversight letters the Democratic members have sent to EPA, we received complete responses to only 23, less than half. The last time 

I tried to work with EPA to expedite the consideration of a nominee, Mr. Pruitt reneged on an agreement that he had previously 

made with me, so the Administrator’s failure to work constructively 

with this Committee has put you in a tough spot. 

You are also looking to work at an agency run by an Administrator who seemingly has no qualms about asking his staff to do 

things that are inappropriate, maybe even illegal. The Administrator has put politics and his own personal gains ahead of the 

EPA’s mission to protect public health and our environment. The 

Committee should know how you both plan to address this kind of 

work culture, should you be confirmed. 

Mr. Wright, you have been nominated to serve as Assistant Administrator for the Office of Land and Emergency Management, 

which sets Federal guidelines for both hazardous and non-hazardous waste disposal, and oversees State and local waste disposal 

programs. The Office is also responsible for overseeing Superfund 

cleanups of the most contaminated sites on EPA’s National Priorities List. 

The Office also acts as the Federal Government’s environmental 

first responder in the events of oil spills, chemical accidents, natural and other environmental disasters. For example, the Office of 

Land and Emergency Management was on the scene during the 

Deepwater Horizon oil spill and in the aftermath of last year’s hurricanes in Texas, Florida, Puerto Rico, and the U.S. Virgin Islands. 

Mr. Wright comes to us from Dow Chemical Company, now 

DowDuPont, where he has helped lead Dow’s Superfund cleanup 

work. Mr. Wright has agreed to recuse himself from working on 

any Superfund site that DowDuPont may be responsible for contaminating for at least 2 years. For Dow sites that he has personally and substantially worked on, he has agreed to permanent 

recusal. 

I commend Mr. Wright for working on this recusal statement 

prior to confirmation—prior to confirmation. He has committed to 

take more meaningful steps to address potential conflicts of interest than any previous Trump administration nominee that I am 

aware of, and I commend you for that. 

I would ask Mr. Wright that he provide the Committee with further assurances that he will not seek a waiver from these recusals. 

I also want to know more about how he plans to implement the duties of his office. Science informs how EPA cleans up contaminated 

sites and manages solid waste. For example, many Superfund sites 

8 

are vulnerable to flooding and sea level rise from extreme weather 

and from climate change. The level of risk opposed by toxic metals 

reaching into groundwater from coal ash disposal sites requires 

careful application of toxicological, geochemical, and hydrological 

data. 

Does Mr. Wright accept the scientific consensus that humans are 

responsible for climate change, and how will climate impacts inform his work? Will he continue to use best available science in 

monitoring protocols and disposal standards for coal ash? 

The Office of International and Tribal Affairs plays a critical role 

in international relations at EPA and interactions with the tribal 

communities across the Nation. Environmental issues do not adhere to international boundaries, and this office assists in international concerns that expand beyond our borders. In addition, this 

Office maintains the government to government relationships between EPA and tribal nations and the U.S. 

Mr. McIntosh, as has been noted, has worked at Ford Motor 

Company, an excellent company, for the State of Michigan. We look 

forward to hearing from Mr. McIntosh regarding his work in these 

areas and his plans to continue the mission of the office to which 

he has been nominated. 

Again, we welcome our witnesses and look forward to your testimony. Thank you so much. 

And to the family members and guests that are here, we welcome 

you as well. 

Senator BARRASSO. Well, thank you, Senator Carper. 

First, let me note that the EPW Committee is the only committee 

in Congress to have held an oversight hearing on the EPA this 

year. That hearing took place on January 30th. Administrator Pruitt testified before us for nearly 2 and a half hours. Since then the 

Administrator has testified before three additional committees, for 

an additional 8 hours on Capitol Hill. I have consistently said that 

I plan to call Administrator Pruitt to testify for a second time this 

year. 

The EPA’s Inspector General is in the middle of conducting a 

number of reviews related to the Office of the Administrator, and 

I understand that the Inspector General will have completed several reviews later this summer. For that reason, I have asked Administrator Pruitt to testify before us in August, and we are working on the final date so that we can have that as a substantive 

hearing, because we will actually have information from the Inspector General before the Administrator appears. 

Senator CARPER. Mr. Chairman, can I say again I am delighted— 

not delighted, I am pleased that we are going to have a hearing, 

that he is going to be before us, but I would just suggest again if 

Gina McCarthy or Lisa Jackson, the two previous Administrators 

of EPA, had been accused of even a fraction of what Mr. Pruitt has 

been accused of, they would be sitting at this desk week after week 

after week explaining what is going on at EPA and why are they 

doing those things, and that is why we are anxious to get this hearing scheduled as soon as possible. 

Thank you. 

Senator BARRASSO. Senator Inhofe. 

9 

Senator INHOFE. Mr. Chairman, I plan, it’s significant enough 

that I am going to skip the vote. So, if you all want to go ahead 

and go vote, I will hold it open until you get back. I will have a 

chance to make a few statements myself, if that is permissible with 

you. 

Senator BARRASSO. That most certainly is, so we can continue 

with the hearing. 

Just to tell the two people who testify today, the nominees, that 

we are in the middle of several roll call votes, so people will be 

coming and going, and Senator Inhofe has graciously agreed to stay 

here and continue the hearing so we don’t have to take a disruption of activities here. 

So, I am delighted that you are both here today, and I want to 

welcome the two nominees to the Committee, Chad McIntosh, 

nominee to be Assistant Administrator for the EPA’s Office of 

International and Tribal Affairs, and Peter Wright, nominee to be 

Assistant Administrator for the EPA’s Office of Land and Emergency Management. 

I want to remind each of you that your full written testimony 

will be made part of the record. I look forward to your testifying. 

We will first hear from Mr. McIntosh and invite you to introduce 

your family. 

Please proceed. 

STATEMENT OF WILLIAM CHARLES MCINTOSH, NOMINEE TO 

BE ASSISTANT ADMINISTRATOR FOR THE OFFICE OF INTERNATIONAL AND TRIBAL AFFAIRS 

Mr. MCINTOSH. Thank you, Senator Barrasso. I would like to introduce my son, Scott, and his wife, Katie, who are here today. I 

have a number of other family members that are watching TV. 

Senator BARRASSO. Please, proceed. 

Mr. MCINTOSH. Good morning, Chairman Barrasso, Ranking 

Member Carper, and esteemed members of the Committee. I count 

it a high honor to appear before you as you carry out your responsibility to provide advice—and hopefully consent—for my nomination 

for the position of Assistant Administrator for the U.S. EPA Office 

of International and Tribal Affairs. 

I am humbled and thrilled to be nominated by President Trump. 

Thank you, Mr. President, for your confidence in me. If confirmed, 

I promise to faithfully carry out my duties. 

Thank you, Administrator Pruitt, for trusting in me and for supporting this nomination. 

Forty years ago the Michigan Department of Natural Resources 

hired me to review permit applications submitted under the Clean 

Air Act. I worked in the Air, Hazardous Waste, and Radioactive 

Waste programs before having the opportunity to work as Governor 

Engler’s environmental and natural resources policy advisor. I 

shepherded the Clean Air Act amendments of 1990 through the 

State legislature, enjoying broad bipartisan support; reformed the 

State remediation laws; codified the environmental and natural resources statutes; and improved the State’s wastewater infrastructure. 

10 

I spent 19 proud years with the Ford Motor Company, where 

compliance with environmental regulations is the minimum and 

improving the environment is expected. 

To the Office of International and Tribal Affairs, I cannot wait 

to start working with you, if confirmed. You embody the mission 

of the EPA to protect human health and the environment through 

your tribal mission and our work with our international partners. 

When I started my environmental protection career, Lake Erie 

would catch fire, portions of the regulated community were recalcitrant in their compliance, and States and Tribes were just learning how to implement their environmental responsibilities. 

The States and Tribes have become so much more capable over 

the last 40 years. Cooperative federalism has become essential. In 

many cases there is no longer a need for a Federal redundancy in 

regulation; we can work with the States and Tribes to faithfully 

implement the laws and fully protect public health and the environment by providing oversight and assistance without duplicating 

their actions. Many companies fully embrace environmental compliance. 

President Trump and Administrator Pruitt have set an aggressive agenda that I am excited to help implement, should I be confirmed. Administrator Pruitt is focusing the Agency on the implementation of Federal laws. I look forward to helping ensure that 

the Agency’s regulations and guidance faithfully and literally implement the laws of the land. 

We have made so much progress, and the environment is so 

much cleaner over the span of my career. I am thrilled to have the 

opportunity to be part of the EPA as it assists the States and 

Tribes and provides an example to other nations of how to work to 

protect the environment, should I be confirmed. 

Again, Mr. Chairman and members of the Committee, thank you 

again for your time and the opportunity to appear before you. 

[The prepared statement of Mr. McIntosh follows:] 

11 


34698.001

William Charles "Chad" Mcintosh 

Nominee to be Assistant Administrator 

Office of International and Tribal Affairs (OITA) 

U.S. Environmental Protection Agency (EPA) 

President Trump nominated W. Charles "Chad" Mcintosh to serve as Assistant 

Administrator for the Office of International and Tribal Affairs of the U.S. Environmental 

Protection Agency on April 9, 2018. Mr. Mcintosh most recently served as a Manager at 

Ford Motor Company in the Environmental Quality Office from 1998 to 2017. Previously, 

he served as Deputy Director of the Michigan Department of Environmental Quality from 

1994 to 1998. At Michigan's DEQ, Mr. Mcintosh supervised regulatory reform and 

criminal investigations and directed the development of administrative rules for the 

state. In addition, Mr. Mcintosh served as Michigan Governor John Engler's, 

Environmental and Natural Resources Policy Advisor from 1991 to 1994. He also 

worked as an Environmental Engineer with the State of Michigan's Department of 

Natural Resources and Public Health from 1978 to 1991. Mr. Mcintosh holds a B.S. in 

Chemical Engineering from Michigan State University and a J.D. from Western 

Michigan University. 
12 


34698.002

Statement ofW. Charles Mcintosh 

Nominated to be Assistant Administrator, 

Office oflnternational and Tribal Affairs 

U.S. Environmental Protection Agency 

Good morning, Chairman Barrasso, Ranking Member Carper, and esteemed members of the 

Committee. I count it a high honor to appear before you as you carry out your responsibility to 

provide advice and, hopefully, consent for my nomination for the position of Assistant 

Administrator for the U.S. EPA Office oflnternational and Tribal Affairs. 

I am humbled and thrilled to be nominated by President Trump. Thank you Mr. President for 

your confidence in me. I promise to faithfully carry out my duties. Thank you Administrator 

Pruitt for trusting in me and supporting this nomination. 

40 years ago, the Michigan Department of Natural Resources hired me to review permit 

applications submitted under the Clean Air Act. I worked in the air, hazardous waste and 

radioactive waste programs, before having the opportunity to work as Governor Engler's 

Environmental and Natural Resources Policy Advisor. I shepherded the Clean Air Act 

Amendments of 1990 through the state legislature, enjoying broad bipartisan support. We 

reformed the state remediation laws, codified the environmental and natural resources statutes, 

and improved the state's wastewater infrastructure. 

l spent 19 proud years with the Ford Motor Company, where compliance with environmental 

regulations is the minimum and improving the environment is expected. 

To my colleagues in the Office of!nternational and Tribal Affairs, I cannot wait to start working 

with you. You embody the mission of the EPA to protect human health and the environment 

through our Tribal mission and our work with our International partners. 

When I started my environmental protection career, Lake Erie would catch fire, portions of the 

regulated community were recalcitrant in their compliance and the states and tribes were just 

learning how to implement their environmental responsibilities. 

President Trump and Administrator Pruitt have set an aggressive agenda that I am excited to help 

implement should I be confirmed. 

Administrator Pruitt is focusing the agency on the implementation of federal laws. I look 

forward to helping ensure that the agency's regulations and guidance faithfully and literally 

implement the laws of the land. 
13 


34698.003

The states and tribes have become so capable over the last 40 years, cooperative federalism has 

become essentiaL In many cases, there is no longer a need for federal redundancy in regulation. 

We can work with the states and tribes to faithfully implement the laws and fully protect the 

public health and the environment by providing oversight and assistance without duplicating 

their actions. 

We have made so much progress and the environment is so much cleaner, over the span of my 

career, I am thrilled to have the opportunity to be part of the EPA as it assists the states and tribes 

and provides an example to other nations working to protect the environment. 

Mr. Chairman and members of the committee, thank you again for your time and the opportunity 

to appear before you. 
14 


34698.004

Senate Committee on Environment and Public Works 

Hearing entitled, ''He11ring 011 the Nomi11atio11s of Chad Mcl/ltosh a11d Peter Wright to he 

Assist1111t Administrators of the E11viromtrental Protectio11 Agency." 

June 20, 2018 

Questions for the Record for Chad Mcintosh 

Chairman Barrasso: 

I. Mr. Mcintosh, if confirmed. you will be responsible for EPA's interaction with foreign 

governments and international institutions. In October 2015, prior to the Paris Climate 

Agreement, then-Chairman James !nhofe wrote EPA Administrator, Gina McCarthy, 

requesting that EPA provide a witness for an upcoming hearing on international climate 

negotiations. In response, EPA sent Chairman lnhofe a letter that reads, "the agency does 

not have a witness who can speak to the issues that are the topic of this hearing." (A copy 

of this letter is attached for your review.) I found EPA's response to be astonishing. 

During the Obama administration, EPA played a principal role in developing the federal 

regulations that would be necessary to meet any potential targets under the Agreement. In 

addition, EPA Administrators played a role as part of the U.S. delegation to international 

climate change conferences in the past. Gina McCarthy's predecessor, Lisa Jackson, had 

even attended and delivered remarks at the UN Copenhagen Climate Change Conference 

in2009. If confirmed, will you commit to testifYing before this committee on EPA's 

interaction with foreign governments and international institutions? 

Yes, if confirmed. 

Ranking Member Carper: 

2. For decades, both Republican and Democratic administrations alike have had written 

policies limiting White House contacts with agencies that have investigatory and 

enforcement responsibilities. These policies have recognized that even a simple phone 

call from the White House to an agency inquiring about or flagging a specific matter can 

upset the evenhanded application of the law. 

a. Do you agree that it is essential that in making decisions, the Office of 

International and Tribal Affairs (OIT A) must be shielded from political influence 

and spared even the appearance of being subject to political influence or 

considerations? 

I agree it is important for the EPA, including the Office of International and 

Tribal Affairs, to be shielded from political influence. 

Page 1 oflS 
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34698.005

b. Will you commit to advising this Committee within one week if any inappropriate 

communications from White House statTto OITA staff, including you, occur? 

I commit to restricting any inappropriate communications, including from 

political influence. 

3. Whistleblower laws protect the right of federal employees to make lawful disclosures to 

agency management otlkials, the Inspector General, and the Office of Special Counsel. 

They also have the right to make disclosures to Congress. 

Specifically, 5 U.S.C. § 7211 states that the ·•right of employees. individually or 

collectively. to petition Congress or a Member of Congress or to furnish information to 

either House of Congress. or to a committee or Member thereof. may not be interfered with 

or denied." Further. 5 U.S.C. § 2302(b)(8). makes it a violation of federal law to retaliate 

against whistleblower because of ''(A) any disclosure of information by an employee or 

applicant which the employee or applicant reasonably believes evidences· (i) a violation of 

any law. rule, or regulation, or (ii) gross mismanagement. a gross waste of funds. an abuse 

of authority, or a substantial and specific danger to public health or safety, any disclosure 

to the Special Counsel, or to the Inspector General of an agency or another employee 

designated by the head of the agency to receive such disclosures, of information which the 

employee or applicant reasonably believes evidences a violation of any law, rule. or 

regulation .. .'' In addition, pursuant to 18 U.S.C. § 1505. it is against federal law to interfere 

with a Congressional inquiry. 

a. If you are confirmed. will you commit to protect the rights of all OITA career 

employees to make lawful disclosures. including their right to speak with 

Congress? 

Yes, if I am confirmed. 

b. Will you commit to communicate employees' whistlcblower rights via email to 

all OITA employees within a week ofbeing sworn in? 

If confirmed, I will ensure that the EPA employee's whistleblowcr rights are 

communicated to them in a timely fashion. 

4. In your ethics agreement you state: "l will not participate personally and substantially in 

any particular matter in which I know that I have a financial interest directly and 

predictably affected by the matter, or in which I know that a person whose interests are 

imputed to me has a financial interest directly and predictably affected by the matter, 

unless I first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l), or qualify for a 

regulatory exemption. pursuant to 18 U.S.C. § 208(b)(2)." You also state: "I will not 

participate personally and substantially in any particular matter that to my knowledge has 

a direct and predictable effect on the financial interests of Ford Motor Company, unless I 

Page 2 of 15 
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34698.006

first obtain a written waiver, pursuant to 18 U.S.C. § 208(b)(l), or qualify for a regulatory 

exemption, pursuant to 18 U.S.C. § 208(b)(2)." 

a. Please provide a list of all such particular matters involving specific parties that 

you will either need to recuse yourself from or seek authorization to participate in. 

For each such particular matter, please also indicate whether you plan to seek a 

waiver to participate. 

If confirmed, I will rely on the guidance from EPA's career ethics officials to 

determine any is._~ues for which I may be recused. 

b. 5 C.F.R 2635.502(a) states that: ''where an employee knows that a particular 

matter involving specific parties is likely to have a direct and predictable effect on 

the financial interest of a member of his household, or knows that a person with 

whom he has a covered relationship is or represents a party to such matter, and 

where the employee detennines that the circumstances would cause a reasonable 

person with knowledge of the relevant facts to question his impartiality in the 

matter, the employee should not participate in the matter unless he has informed 

the agency designee of the appearance problem and received authorization from 

the agency designee in accordance with paragraph (d) of this section." Do you 

agree that your representation of Ford Motor Company, or Ford Motor 

Company's representation of itself, in particular matters that are before EPA 

would cause a reasonable person with knowledge of the relevant facts to question 

your impartiality if you are confirmed and continue to participate either in the 

particular matter itself or in an administrative action designed to accomplish the 

identical outcome the particular matter was intended to accomplish? Why or why 

not? 

If confirmed, I will rely on the guidance from EPA's career ethics officials to 

determine any issues for which I may be recused. 

c. The SF-278 form you completed notes you were scheduled to receive a 

performance-based bonus in March 2018 based on your performance in 2017. Did 

you receive the bonus? If yes, please state the date on which you received the 

bonus. How did it compare to previous performance bonuses? 

I received a bonus on March 14, 2018. The bonus covered 9 months of 2017 

due to my retirement at the end of September. It was in the same range as 

previous bon uses. 

d. Further. the SF-278 form you completed also mentions that portions of your 

unvested restricted stock units will vest in March 2018, March 2019, and March 

2020. However, your ethics letter to Designated Agency Ethics Official, Kevin 

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17 


34698.007

Minoli, does not mention the vesting in March 2018. Did the stock vest in March 

2018 as scheduled? If yes, please state the date on which the vestment occurred. 

Portions of my unvested restricted stock units vested on March 2"", 3'", and 

4'h as scheduled. 

5. Do you intend to seek a waiver to participate in non-public meetings with your former 

employer if you are confirmed? If yes, please explain why this would not cause a 

reasonable person with knowledge of the relevant facts to question your impartiality in the 

matter at hand. 

If confirmed, I will rely on the guidance from EPA's career ethics officials to 

determine any issues for which I may be recused and do not intend to seek a waiver. 

6. Last year. my staff was informed that EPA political staff verbally directed career stall to 

simply delete the majority of the benefits of the Clean Water Rule before submitting a 

revised document to OMB about the rule. If you are confirmed, do you commit to ensure 

that career staff at orr A will receive appropriately documented. rather than verbal, 

direction from political officials, including yourself, before they take action? If not, why 

not? 

I am not aware of tbe situation which you are referencing, but I will always commit 

to following all federal records management laws. 

7. Do you agree to provide complete, accurate and timely responses to requests for 

information submitted to you by any Member of the Environment and Public Works 

Committee? If not, why not? 

Yes, if confirmed. 

8. Last year. EPA announced that Administrator Pruitt would be publishing brief summaries 

of his calendars biweekly. after dozens of Freedom of Information Act requests for this 

information as well as a March 2017 request by me and my colleagues that he do so. During 

the Obama Administration, the Administrator, regional Administrators and all those 

serving in contlrmed roles published their calendars daily. 1 If you arc confirmed. will you 

commit to publishing your calendars daily? If not, why not? 

If confirmed, I will commit to providing my calendar in a timely manner. 

1 https:ilyoscmitc.epa.gov/opaiadmpres.s.nsPCalendars'!OpcnVicv.-· 

Page 4 of 15 
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34698.008

9. Scott Pruitt previously served as Chairman of The Rule of Law Defense Fund, which is 

an affiliate of the Republican Attorneys General Association. Further, Liberty 2.0 Super 

PAC and Oklahoma Strong Leadership PAC are both political actions committees used 

by Scott Pruitt to fundraise for his prior political campaigns.2 In addition, Mr. Pruitt has 

confirmed that he has established a personal legal defense fund. Have you ever 

contributed any money or time to the Fund, the PACs, or the legal defense fund, or to an 

entity that has in tum contributed to any of these entities? If so. please provide details. 

No. 

I 0. As you know, American Indians and Alaska Natives share a unique relationship with the 

federal government. As part of that relationship, the federal government has a duty to 

perform meaningful consultation with Indian Tribes and Alaska Native villages regarding 

issues that affect tribal communities and tribal members. Do you commit to engage in 

essential and honest consultation with tribes and tribal governments? 

I believe cooperation and consultation with Indian Tribes and Alaska Native villages 

is in the best interest of the EPA and our tribal and native partners and commit to 

working with the relevant stakeholders. 

II. Do you agree with the President's decision in 2017 to withdraw from the Paris Climate 

Accord? Please explain why or why not. 

I do. I believe it was within President Trump's authority to withdraw. I respect his 

decision. 

12. The office to which you have been nominated works to support international partnerships 

to address climate change by facilitating sharing of environmental information and 

regulatory experiences, and by helping other countries adapt and build resilience to 

respond to anticipated climate change. If confirmed, do you commit to continue to 

provide such information and assistance when requested? 

If confirmed, I commit to engaging with our international partners in promoting 

our expertise and learning about and sharing successes and best practices in these 

matters to promote the protection of human health and the environment. 

2 https:llwww.washingtonpost.cominewslenergy-cnvironmentl\,p/2018104/03/epas·pruitt·gave-big-raises-to·twoclosc'-aides-after-bcing-rcbu ffcd-by-the-wh itc·houscl?utm _term~ .5 2213dae 70d7 

Page 5 of 15 
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34698.009

13. The EPA ·s "Policy for the Administration of Environmental Programs on Indian 

Reservations," is to ·'endeavor to protect the environmental interests of Indian Tribes 

when carrying out its responsibilities that may affect the reservations." How do you plan 

to adhere to EPA's own policy in regards to tribal consultation? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

regarding tribal consultations and cooperation and look forward to engaging on our 

shared mission to promote the prott.'Ction of human health and the environment. 

14. In your testimony before the Committee, I inquired about your work with tribal 

communities. In your response you indicated that you had not directly worked on any 

specific issue while at the Michigan Department of Environmental Quality. The oftice for 

which you've been nominated is critical to interactions with Indian tribes and tribal 

communities. Can you share details about your direct work with Indian tribes or tribal 

communities? 

As Deputy Director of the Michigan State DEQ, I helped our team work with the 

state's 12 Federally Recognized Tribes. I look forward to working with all federally 

recognized tribes and international partners, if confirmed. 

15. On October II, 2017, EPA Administrator Pruitt reaflirmed the EPA's "Indian Policy"' 

the agency's cornerstone policy that recognizes Indian Tribes as sovereign 

governments, acknowledges the Federal Government" s trust responsibility to Indian 

Tribes, and commits the EPA to policy and programming that fulfills this unique trust 

responsibility. Do you aflirm the EPA's Indian Policy? Please provide a 'Yes' or 'No' 

response and explain. 

Yes. The United States has a unique and longstanding legal and political 

relationship with Indian tribes as provided by the Constitution, treaties and 

statutes. 

'U.S. ENVTL. PROT. AGENCY. EPA POLICY FOR THE ADMINISTRATION OF ENVIRO:-JMENTAL 

PROGRAMS ON INDIAN RESERVATIONS ( 19R4l: see also E. SCOTT PRUITL U.S. ENVTL. PROT. 

AGENCY. REAFFIRMATION OF THE U.S. ENVIRONMEN rAL PROTECTION AGENCY'S INDIAN 

POLICY MEMORANDUM (20 17) (reaffirming the EPA's 1984 Indian l'olky). 

Page 6 of 15 
20 


34698.010

16. Even though Administrator Pruitt reaffirmed the EPA's Indian Policy, the Agency has 

not taken a position on the EPA's Policy on Consultation and Coordination with 

Indian Tribes ("Consultation Policy")4 .The EPA intended the Consultation Policy to 

fully implement Executive Order 13175, which provides that each agency must have 

''an accountable process to ensure meaningful and timely input'' by tribal officials.5 

The Consultation Policy sets forth four "phases" of consultation: identifying of issues 

and potentially affected Tribes; notifying Tribes of activities; receiving input from 

Tribes; and providing Agency feedback. 

a. As the EPA-designated Consultation Official under Executive Order 13175. 

what is your position on the EPA's Consultation Policy? 

b. What is your understanding of a process that constitutes meaningful 

consultation (the key word being "meaningful")? 

c. What role should tribal consultation play when the United States negotiates a 

consent decree that implicates tribal interests? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

regarding tribal consultations and cooperation and look forward to engaging on 

our shared mission to promote the protection of human health and the 

environment. 

17. This Administration is intent on reorganizing the federal government, gutting many of 

the agencies and bureaus responsible for consulting with Indian Tribes. The EPA's 

FY 19 budget proposal for the Ofiice you may oversee is no different, with a proposed 

reduction in staff of almost 25%. What role should tribal consultation should play when 

relocating or cutting the staff responsible for maintaining the EPA's government-togovernment relationship with Indian Tribes? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

of the office and will manage EPA's Office of International & Tribal Affairs 

programs within the authorities and resources provided by Congress. 

18. Because of a fixed land base, among other factors. Indian Tribes are among the most 

vulnerable population when it comes to climate change's impacts. They are also the 

most likely to suffer disproportionate impacts, according to the National Climate 

Assessment. Do you believe that the federal government's trust responsibility includes 

providing Indian Tribes with the requisite financial and technical resources to address 

the impacts of climate change? 

4. U.S. ENVTL. PROT. AGENCY. EPA POLICY ON CONSULTATION AND COORDINATION WITH 

INDIAN TRIBES (2011). 

'/d.at2 

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34698.011

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed on this issue. 

19. In 1992. Congress passed the Indian Environmental General Assistance Program Act. 

authorizing EPA to provide General Assistance Program (GAP) grants to Indian Tribes 

and Tribal Consortia for planning. developing, and establishing environmental 

protection programs in Indian Country. These funds allow Indian Tribes to develop the 

capacity to administer regulatory programs that EPA may delegate. As the 

Administration's FY 19 budget proposal observed, GAP funds have assisted Indian 

Tribes in receiving II 0 program delegations under a variety of statutes within the 

EPA's purview. Yet the Administration has consistently proposed dramatic cuts to this 

program, this year totaling almost one-third of the entire allocation. 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

of the office and will manage EPA's Office oflnternational & Tribal Affairs 

programs within the authorities and resources provided by Congress. 

20. You noted during your confirmation hearing that your experience will allow you to help 

"ensure that [Indian Tribes] have adequate resources .... " If confirmed, what actions 

will you take to ensure the Administration funds GAP at a level that reflects Indian 

Country's capacity to assume responsibilities and operate programs under those statutes 

that allow for EPA· s delegation of authority to Indian Tribes. similar to provisions for 

states to obtain such authority? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

of the office and will manage EPA's Office of International & Tribal Affairs 

programs within the authorities and resources provided by Congress. 

21. The Government Accountability Office ("GAO") Drinking Water and Wastewater 

Infrastructure Report, GA0-18-309, documented an estimated $3.2 billion need for 

water infrastructure projects to address current sanitation deficiencies in American 

Indian and Alaska Native homes. and an additional $2.4 billion need tor future tribal 

drinking water infrastructure over the next 20 years. 

a. If con tinned, what steps will you take to address the GAO's recommendations. 

specifically the necessity ofimproved collaboration with other federal agencies 

at the national level? 

Page 8 of15 
22 


34698.012

If confirmed, I look forward to receiving detailed briefings about ongoing 

practices of the office and will manage EPA's Office of International & 

Tribal Affairs programs within the authorities and resources provided by 

Congress. 

b. The report also noted that the Indian Health Service's process tor selecting 

sanitation projects can discourage funding for other projects that could address the 

most severe sanitation deficiencies, especially those with a relatively high cost per 

home. As a result, some projects that would serve homes without water 

infrastructure can remain unfunded tor many years. Given the EPA's reliance on 

the IHS's Sanitation Deficiency System to score projects for the Clean Water Act 

and Safe Drinking Water Act tribal set-asides, how will you work with the IHS and 

Indian Tribes to reassess project scoring factors? 

If confirmed, I look forward to receiving detailed briefings about ongoing 

practices of the office and will manage EPA's Office of International & Tribal 

Affairs programs within the authorities and resources provided by Congress. 

Senator Merkley: 

22. If con tinned as EPA Assistant Administrator for the Oftice of International and Tribal 

Affairs, you would be responsible for ensuring that the EPA protects human health and 

the environment in Indian country in the United States according to principles established 

through federal indian law. Please explain relevant background and experience that you 

may have that would qual if)' you tor this position. 

A~ Deputy Director of the Michigan State DEQ, I helped our team work with the 

state's 12 Federally Recognized Tribes. I look forward to working with all federally 

recognized tribes and international partners, if confirmed. 

23. Climate change will increase the potency as well as the frequency of extreme weather 

events, which have outsized effects on tribal communities in the U.S. Therefore, your 

understanding of the most basic science of climate change science will be essential to 

your role in the regulation of greenhouse gases. Please take some time to read through the 

first volume of Fourth National Climate Assessment (found here: 

h!ll?"'.:i:s;koss:_~~tl?c£b:lbn ls:1!!IDZ~go' 1\ill.l\llinmJ:i), authored by 13 federal agencies, 

including the EPA. The report states, "Global annually averaged surface air temperature 

has increased by about l.8°F ( 1.0°C) over the last 115 years (I 901-20 16). This period is 

now the warmest in the history of modern civilization. The last few years have also seen 

record-breaking, climate-related weather extremes, and the last three years have been the 

warmest years on record for the globe. These trends are expected to continue over climate 

timescales." 

Page 9 of 15 
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34698.013

Do you agree with this finding? If you do not agree with this finding, please explain why, 

and please provide at least one peer reviewed study supporting your stated position. 

I believe that climate change is real and that humans have an impact on the climate. 

24. Climate change will affect the quantity, quality, and the timing of water resources 

available to Tribes. Many Tribes have small drinking water systems that are understaffed 

and not equipped to handle extreme climate events now or in the future. There is also a 

lack of drinking water infrastructure in some Tribal communities or people rely on their 

own resources to obtain water as they have done for generations. Research into making 

small drinking water systems more climate resilient, given typically low staff numbers, 

could be helpful. For example, algal toxins are an emerging area of concern and small 

drinking water systems (as well as individuals who provide their own water) are not 

typically equipped to deal with such toxins. If confirmed, what plans do you have to 

monitor these water systems and ensure that they arc resilient to adverse effects of 

climate change while addressing the understalling problem? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

of the office and will manage EPA's Office of International & Tribal Affairs 

programs within the authorities and resources provided by Congress. 

25. While climate change will affect the health of all Americans, Native Americans, who 

already typically have higher rates of diabetes, asthma, and in some cases cancer, may be 

particularly vulnerable. Those with diabetes may be particularly susceptible to heat stress. 

Increasing wildfires continue to worsen air quality. Additionally, climate change is 

already disrupting culture and traditionallifeways, increasing stress and exacting severe 

mental health consequences for Tribal peoples. Tribes are desperately in need of 

resources to address these consequences of climate change. Do you pledge to work with 

me to fight for funding for these important initiatives? 

If confirmed, I commit to working with you to promote equal application of the law 

for all people, regardless of race or income. Further, I look forward to receiving 

detailed briefings about ongoing practices of the office and will manage EPA's 

Office of International & Tribal Affairs programs within the authorities and 

resources provided by Congress. 

26. Administrator Scott Pruitt told his staff to find him excuses to travel to a dozen 

countries. He traveled to Morocco and Italy, costing taxpayers more than $220.000, even 

though the trips had little connection to the EPA's traditional mission or activities. 

Moreover, the trips were planned by lobbyists and political supporters rather than the 

EPA omce of International and Tribal Atfairs. For example, a Com cast lobbyist 

organized and arranged the Morocco trip and became a registered foreign agent, earning 

Page 10 of 15 
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34698.014

$40,000 a month. Do you believe that it was appropriate for the Administrator to take 

these international trips? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on the guidance from EPA's career ethics officials to ensure 

compliance with relevant rules and regulations regarding official travel. 

27. Do you pledge to notify the Committee as well the EPA Inspector General if you learn of 

Administrator Pruitt's actions that you believe are unethical? 

Yes. 

Senator Sullivan: 

28. There is an ongoing issue in the transboundary waters area in Southeast Alaska that is of 

particular concern to me and my constituents. Upstream of the Southeast Alaska 

watersheds, the British Columbia (B.C.) government has for years authorized large-scale, 

hard rock mining developments, including at least ten open-pit and underground metal 

mines in various stages of development. Some of these legacy mines have contributed to 

releases of hazardous material that could have impacts on the downstream ecosystem in 

Southeast Alaska. These developments pose real concerns to communities downstream 

even as B.C. works through options to clean up legacy sites while also permitting new 

developments. EPA, through the Office oflnternational and Tribal Affairs, has been 

coordinating with the State Department to engage with Canada and the B.C. to share data, 

analyze potential regulatory improvements, and address concerns for the continuing 

water quality and remediation of these mine sites. 

a. How do you view the role of EPA's Office of International and Tribal Affairs in 

protecting Americans from potential cross boundary pollution, and transboundary 

water quality monitoring? 

I am not familiar with the specifics about ongoing practices regarding this 

policy; however, if confirmed, I look forward to being briefed on this issue. 

b. Would you commit to continuing to work with the State Department and 

stakeholders to engage with Canada and the Province of British Columbia to 

address these issues? 

If confirmed, I commit to working with you and all relevant stakeholders 

regarding this issue. 

Page 11 of 15 
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34698.015

Senator Whitehouse: 

29. Should you be confirmed to lead the Otlice of International and Tribal AtTairs. how 

would you react if the Administrator came to you with a list of countries he wanted to 

visit and told you "tind me something to do there?" In your opinion, is this the way an 

EPA Administrator's international travel destinations should be decided? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on the guidance from EPA's career ethics officials to ensure 

compliance witb relevant rules and regulations regarding official travel. 

30. How would you react if you learned that lobbyists. consultants. political donors. and 

special interest group leaders were integral in planning the Administrator's international 

travels? Would you countenance their involvement in planning the Administrator's 

international travel? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on the guidance from EPA's career ethics officials to ensure 

compliance with relevant rules and regulations regarding official travel. 

31. How would you react if you learned that on a planned trip to Israel, Administrator Pruitt 

planned an event with an Israeli water purilication company that was recommended to 

him by Republican mega-donor Sheldon Adelson? Does this appear to be an appropriate 

use of government time and resources? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on tbe guidance from EPA's career ethics officials to ensure 

compliance with relevant rules and regulations regarding official tra\'el. 

32. How would you react if you learned that on a trip to Italy. the Administrator dined with a 

cardinal who was under investigation for sexual abuse allegations and that mentions of 

this meeting were then removed from agency calendars? Is that appropriate'? Does the 

fact that the cardinal in question is a climate denier justify ignoring the abuse allegations? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on tbe guidance from EPA's career ethics officials to ensure 

compliance witb relevant rules and regulations regarding official travel. 

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34698.016

33. EPA's mission is to protect human health and the environment. Do you think it is 

appropriate for the Administrator to travel to Morocco to lobby for the U.S. liquefied 

natural gas industry? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on the guidance from EPA's career ethics officials to ensure 

compliance with relevant rules and regulations regarding official travel. 

34. Do you believe that it is an appropriate use of taxpayer dollars for the Administrator and 

his security detail to fly first cla~s? 

I am not aware of the situation which you are referencing nor am I a security 

professional; however, should I be confirmed, I will rely on the guidance from 

EPA's career ethics and security officials to ensure compliance with relevant rules 

and regulations. 

35. Do you believe that it is an appropriate use of taxpayer dollars for the Administrator to 

fly on a particular airline even when that flight is more expensive other flights- in 

order to accumulate frequent flier miles on that airline? Do you pledge to always fly on 

the least expensive route as negotiated by the government when it accommodates your 

travel schedule? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on the guidance from EPA's career ethics officials to ensure 

compliance with relevant rules and regulations regarding official travel. 

36. Do you believe that it is an appropriate use of taxpayer dollars for the Administrator to 

privilege staying in particular hotel chains- even when they are more expensive than 

hotels recommended by American embassies- in order to accumulate loyalty points? Do 

you pledge to always follow the hotel recommendations of the American embassy in 

country that you visit? 

I am not aware of the situation which you are referencing; however, should I be 

confirmed, I will rely on the guidance from EPA's career ethics officials to ensure 

compliance with relevant rules and regulations regarding official travel. 

37. With respect to marine debris, each year, around 8 million metric tons of plastic waste 

enters the oceans from land. A majority of this waste comes from just five rapidly 

developing economies in Asia: China, Indonesia, Philippines, Vietnam, and Sri Lanka. 

Deficiencies in upland waste management are the primary driver of this waste tlow into 

the ocean. 

Page 13 oflS 
27 


34698.017

a. What opportunities do you envision for EPA to partner with these and other 

countries to share technical expertise, waste management strategies, and other 

information to improve waste management and reduce plastic inputs into the 

ocean? 

b. Will you partner with other existing EPA programs and experts. as well as other 

federal agencies, to compile and convey best practices to international partners? 

c. What additional authorities or programs could the EPA benefit from to help 

support marine debris prevention and cleanup initiatives in the United States and 

around the globe? 

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed on this issue. 

38. EPA is currently Vice Chair of the federal interagency Marine Debris Coordinating 

Committee. Given the international scope of the plastic pollution problem, if confirmed, 

do you plan to personally participate in the committee's work? 

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed on this issue. 

39. EPA's International Cooperation Office already undertakes collaborative work in a 

number of Asian countries. but seems to have limited connections with African 

nations. As the coastal countries in Africa build their economies, early assistance to 

ensure that adequate waste management systems are built simultaneously will be 

necessary. If confirmed, will you pursue additional investments and partnerships in 

African nations to improve waste management and prevent marine debris? 

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed on this issue. 

40. Every other nation on earth is currently engaged in implementing the Paris Agreement. 

In addition, your former employer. Ford. supports the Paris Agreement. Do you support 

President Trump's decision to withdraw from the Paris Agreement? 

Yes. 

41. If you do support the President's decision to withdraw from the Paris Agreement, please 

explain how it will not result in isolating America and reducing our international 

influence? 

I believe it was within President Trump's authority to withdraw. I respect that decision. 

Page 14 of 15 
28 


34698.018

42. If you do not support the President's decision to withdraw from the Paris Agreement. 

please explain what you plan on doing to help reengage EPA on international climate 

action efforts. 

I support President Trump's action withdrawing the United States of America from 

the Accord, which does not preclude our government from continuing to provide 

technical expertise or engage with international partners to promote human health 

and the environment. 

Page 15 of 15 
29 

Senator INHOFE [presiding]. Thank you very much, Mr. 

McIntosh. 

We are going to change the arrangement, if it is all right with 

you, Mr. Wright. What I am going to do is recognize myself as the 

Acting Chairman right now, to ask some questions, make some 

comments, and then I will miss the vote, but we will keep on. 

I understand the two of you have already voted, is that correct? 

All right, so that is what we will do. 

If you don’t mind waiting, then we will recognize you when I conclude my remarks. Thank you very much. 

It is a very awkward situation for me because I have one issue. 

I had to get to the two of you to get a clear understanding, and 

it is one I don’t have any concern as to where you are going to be, 

and that is, if we start with you, Mr. McIntosh. 

In northeastern Oklahoma we have a thing called Tar Creek. I 

think you are familiar with that. It could be characterized as the 

most devastating Superfund site of any time. It has 50 million tons 

of mine waste and miles of underground mines. It is something we 

have been working on, working with, and working in cooperation 

with the EPA; and primarily it is the Quapaw Tribe. We have a 

number of Native American Tribes in Oklahoma. The Quapaws 

own the land where this Superfund site was, so they have taken 

it over. They are working it well, working with the EPA. 

One of the problems we are having, though, is that the Quapaw 

Tribe has run into a barrier called the Bureau of Indian Affairs 

that has made it very difficult for the Tribe to sell the chat on their 

lands, while other landowners can. 

This just takes a yes or no answer on this. So, if confirmed as 

Assistant Administrator, will you work with the Tribe and the BIA 

to explore ways to simplify the process for chat sales so that the 

Tribe can reenter the market and sell their chat, as others are 

doing? 

Mr. MCINTOSH. Yes. 

Senator INHOFE. Thank you very much. 

I would ask also that Oklahoma enter into their own agreement 

to clean up the non-tribal land, but they find that the EPA can be 

a little inflexible when it comes to the remediation that is being 

handled. For example, the EPA will not allow the topsoil to be replaced once contaminated soil is removed. This severely limits their 

opportunities. 

Can I get your commitment to ensure the Tribe’s wishes for how 

their land is remediated is given the proper weight and consideration? 

Mr. MCINTOSH. Yes. 

Senator INHOFE. I appreciate that very much. 

Mr. Wright, you have heard this. Can I get your commitment, 

too, that the Tribe’s considerations for the condition that they want 

their land to be given weight that it deserves? 

Mr. WRIGHT. Absolutely. 

Senator INHOFE. I appreciate that very much. 

I believe that would pretty much handle that. 

I do want to respond. I think it is very inappropriate. It happens 

that the Ranking Member, Senator Carper, is a friend of mine. But 

when you folks are coming up, you have been recommended by 

30 

Scott Pruitt, the Administrator of the EPA, who went through 

hours and hours of antagonizing questions. Normally you get questions for the record averaging about 25 with each nominee going 

through a confirmation process. He had 1,600 that he had to answer. 

I have to say this. I am going to take the statement that was 

made by Senator Carper. Excuse my voice this morning First of all, 

he was talking about the New York Times story. That was the very 

first thing that I heard, the accusation against Scott Pruitt. New 

York Times has never been a conservative publication, we all know 

that, and some of the things that they said were actually wrong. 

We have documented that they were wrong. Individuals that were 

mentioned in that story were individuals who have been unblemished, never had anything negative said about them. One is Bob 

Funk, a very wealthy individual who is a real free enterpriser. 

The costly trips overseas at taxpayers’ expense, it is a lie, just 

an outrageous lie. They talk about Morocco and Italy. Scott Pruitt 

had to go to Morocco because that was his job. He had to represent, 

along with his counterparts from seven other countries, to be there 

because they were dealing with chapters of the free trade agreement that have to do with the environment. That was their job. He 

had to be there. He was there at Government expense, the same 

as his predecessor had been to these same meetings. 

The G7 meeting in Italy, the same thing. He had to be there because all seven of his counterparts had to be at this meeting. If he 

had not been there, he would have been guilty of derelict of his own 

duty. 

Tickets on sporting events. This is so outrageous. They talk 

about the University of Kentucky basketball game where he went 

with his son and about the Rose Bowl. Well, he actually went 

through the process of going to Ethics and saying I want to do this, 

I want to pay for my own tickets; will you tell me what to do so 

I am not violating anything. In both cases they said you just have 

to pay for your own tickets and disclose that you are there. He did 

that, paid for his own tickets to the Rose Bowl, paid for his ticket 

and his son’s ticket to the Kentucky basketball game. 

You know, only in Washington can you get by with allegations 

against somebody and not giving them a chance to respond. This 

is the first response you have probably ever heard of this. It has 

been all over the papers now for a year. 

The secure phone booth. One of the first calls he got when he 

took office was from the President of the United States. The first 

question they asked, is this a secure phone. Well, obviously it 

wasn’t a secure phone, so he went and asked them whatever was 

necessary to come up with a secure phone, and they would do it. 

The fifth thing I want to mention, while missing the vote, is the 

security costs, the fact that his security has been around $3 million 

in the first year. Now, the reason is that Administrator Pruitt is 

the first one in my memory—and I have been around here for 32 

years—the first one who has ever had any type of threat on his or 

her life of all the Administrators that we have had, and he has 

been threatened over and over again. Just earlier this month, Occupy Wall Street, a liberal group that doesn’t like him, probably 

funded, I would say, by Tom Steyer, posted his home address in 

31 

Tulsa and encouraged their followers to take a pitchfork at him. In 

other words, gave his home address and told them to go molest his 

family. Can you believe that is happening? Have you heard it before? No, you haven’t. 

They brought his daughter in. Somehow the accusation was that 

she only got into UVA because of Pruitt asked an old friend from 

his VA House of Delegates to write a letter of recommendation. 

That is outrageous. I know this little girl; she was an intern for 

me. She is brilliant. She is an honor student. Law schools were trying to recruit her to come in, and she actually was invited to come 

into law school at UVA before he was even in office. 

So, this is the type of outrageous lies that you hear in Washington, and people don’t have a chance to respond to them. 

With that, Senator Rounds is presiding. 

Senator ROUNDS [presiding]. Thank you, Senator. 

Mr. Wright, would you like to proceed with your opening statement? 

STATEMENT OF PETER C. WRIGHT, NOMINEE TO BE ASSISTANT ADMINISTRATOR FOR THE OFFICE OF LAND AND EMERGENCY MANAGEMENT 

Mr. WRIGHT. Yes. Chairman Barrasso, Ranking Senator Carper, 

distinguished members of the Committee, thank you for the privilege of coming before you today as the nominee for the position of 

Assistant Administrator for the Office of Land and Emergency 

Management. I am honored that President Trump, Administrator 

Pruitt, and the Committee are considering me for this position. 

I would like to thank my wife, Nicky, who is here today; my 

daughter, Audrey, who is watching today, for their unwavering 

support of my career over many years. I would also like to thank 

my many current and former colleagues from industry, law firms, 

and the ABA Section of Environment, Energy, and Resources for 

their support and friendship. 

I am proud and grateful to have been an environmental lawyer 

during my 32 year career. For much of my career I have worked 

in the manufacturing sector in support of the hard work of millions 

of Americans committed to making products you use every day. I 

have worked to support manufacturers and other clients addressing 

and responsibly resolving the legacy of historic waste management 

practices and operations. They have relied on me to provide guidance on compliance with a broad array of regulations. 

I have also had the opportunity to work for two law firms and 

to serve a diverse set of clients. 

While I have spent my entire legal career practicing in Indiana, 

Missouri, and Michigan, I have had the opportunity to work on remediation, regulatory, and transactional matters in almost every 

State and in many countries around the world. I appreciate firsthand the importance of and the need for cooperative federalism between EPA regions and the State environmental agencies. 

I look forward to the opportunity to serve our country as the Assistant Administrator for the Office of Land and Emergency Management, to bring to bear my experience to help implement the recommendations of the Superfund Task Force to achieve the overall 

goal of better, faster cleanups. Not a day goes by when I work on 

32 

Superfund and remediation matters when I do not think about 

things that could be changed and improved. 

The time and cost expended on matters ancillary to actual cleanup work, that provide no environmental benefit, are staggering. 

Communities and Congress have understandably been very frustrated and despairing that some cleanups will ever be completed. 

I look forward to applying my transactional background to the benefits of the Superfund reform plan that seek to revitalize sites 

whenever possible. Communities have rightly been disappointed 

when the end of a cleanup is a forever fenced off industrial facility 

that serves no economic purpose to the surrounding community; it 

is fixed, but useless. 

I look forward to working with the dedicated personnel at EPA, 

many of whom I have worked with over the course of my career. 

I have listened carefully to the headquarters and regional EPA personnel, as well as my own clients, to find pragmatic and productive 

solutions and advance protection of the environment and public 

health. 

I have volunteered my time, alongside many from EPA, to work 

on the RCRA corrective action project and the ABA’s Environmental Energy and Resource Section, focused on improving the 

practice and performance of Superfund and RCRA through conferences, publications, and ongoing dialogue. That collaborative 

work must continue. 

In closing, Mr. Chairman, I would again like to thank the President, the Administrator, and this Committee for the opportunity to 

be here today. I would be humbled to join Administrator Pruitt and 

the OLEM staff in carrying out EPA’s important mission. I respectfully request support and look forward to any questions that you 

or your colleagues may have for me. 

[The prepared statement of Mr. Wright follows:] 

33 


34698.019

Peter C. Wright 

Nominee to be Assistant Administrator 

Office of Land and Emergency Management (OLEM) 

U.S. EPA 

President Trump nominated Peter C. Wright to serve as 

Assistant Administrator for the Office of Land and Emergency 

Management on March 6, 2018. Mr. Wright currently serves as 

Managing Counsel at The Dow Company for environmental 

health and safety and principal counsel for all significant mergers and acquisitions. 

Previously, he served as General Counsel at Bryan Cave, LLC from March 1996 to 

January 1999. He also served as an Environmental Lawyer for the Monsanto Company 

from May 1989 to March 1996. Mr. Wright received a Bachelor of Arts degree in 

Religion from Wabash College and graduated Summa Cum Laude. He received a Juris 

Doctorate from Indiana University Robert H. McKinney School of Law and was awarded 

the Faculty Prize. 
34 


34698.020

Statement of Peter C. Wright 

Nominated to be Assistant Administrator, 

Office of Land and Emergency Management 

U.S. Environmental Protection Agency 

Chairman Barrasso, Senator Carper and distinguished members of the Committee, thank you for 

the privilege of coming before you today as the nominee for the position of Assistant 

Administrator for the Office of Land and Emergency Management. I am honore.d that President 

Trump, Administrator Pruitt and this Committee are considering me for this position. 

I would like to thank my wife Nicki, who is here today, and my daughter Audrey, who is 

watching, for their unwavering support of my career over many years. I would also like to thank 

my many current and former colleagues from industry, law firms and the ABA's Section of 

Environment, Energy and Resources for their support and friendship. 

I am proud and grateful to have been an environmental lawyer during my 32-year legal career. 

For much of my career, I have worked in manufacturing sector to support the hard work of 

millions of Americans committed to making products you use every day. I have worked to 

support manufacturers and other clients addressing and responsibly resolving the legacy of 

historic waste management practices and operations. They have relie.d on me to provide guidance 

on compliance with a broad array of regulations. I have also had the opportunity to work for two 

law firms and serve a diverse set of clients. 

While I have spent my entire legal career practicing in Indiana, Missouri and Michigan, I have 

worked on remediation, regulatory and transaction a.! matters in almost every state and in many 

countries around the world. I appreciate first-hand the importance of and need for cooperative 

federalism between the EPA Regions and state environmental agencies. 

I look forward to the opportunity to serve our country as the Assistant Administrator for the 

Office of Land and Emergency Management to bring to bear my experience to help implement 

the recommendations of the Superfund Task Force to achieve the overall goal of better, faster 

cleanups. Not a day goes by when as I work on Superfund and remediation matters when I do 

not think about things that could be changed and improved. The time and costs expended on 

matters ancillary to actual cleanup work -- that provide no environmental benefit --are 

staggering. Communities and Congress have understandably been very frustrated, despairing 

that some cleanups may never be completed. 
35 


34698.021

I also look forward to applying my transactional background to aspects of the Superfund Reform 

plan that seek to revitalize sites, whenever possible. Communities have been rightly 

disappointed when the end of a cleanup is a forever fenced off former industrial facility that 

serves no economic purpose to the community surrounding the site. Fixed, but useless. 

I look forward to working with the dedicated personnel at EPA, many of whom I have worked 

with over the course of my career. I have listened carefully to Headquarters and Regional EPA 

personnel, as well as my clients, to find pragmatic and productive solutions that advance 

protection of the environment and public health. I have volunteered my time, alongside many 

from EPA, to work on the RCRA Corrective Action Project and the ABA's Environmental, 

Energy and Resource Section focused on improving the practice and performance of Superfund 

and RCRA through conferences, publications and ongoing dialogue. That collaborative work 

must continue. 

In closing, Mr. Chairman, I would again like to thank the President, the Administrator and this 

Committee for the opportunity to be here today. I would be humbled to join Administrator Pruitt 

and the OLEM staff in carrying out EPA's important mission. I respectfully request your 

support, and I look forward to any questions that you or your colleagues may have for me. 
36 


34698.022

Senate Committee on Environment and Public Works 

Hearing entitled, "Hearing on the Nominatirms of Chad Mcl11tosh a11d Peter WrigiJt to be 

Assi~ta11t Admi11i.rtrators of the Etlvir(JIImelltal Protectio11 Agency." 

.June 20, 2018 

Questions for the Record for Peter Wright 

Chairman Barrasso: 

I. Mr. Wright, I strongly support the Trump administration's commitment to work withnot against- states to address environmental challenges. If con finned, you will be 

responsible for addressing the cleanup of contaminated sites within the Superfund and 

Brown fields programs. In my experience, states are generally best positioned to 

understand the realities of environmental challenges within their borders. How can the 

federal government best use state expertise when cleaning up contaminated sites? 

It is critical that federal, state and local resources are leveraged and coordinated 

effectively and efficiently in addressing the cleanup of contaminate sites. In many 

cases, the most complicated sites are those which benefit from EPA's technical 

expertise and oversight. But as I noted during the bearing, it is often states who are 

closest to the particular community and the economic needs of the state. EPA is best 

served by ensuring that all levels of government arc engaged when addressing 

cleanups. 

2. Mr. Wright, the Trump administration has elevated the importance of cleaning up 

hazardous waste sites across the country. If confirmed, what would be your key priorities 

as the leader of EPA's Superfund program? 

The Superfund Task Force lays out an ambitious set of recommendations to 

accelerate cleanup and where possible revitalization of Superfund sites. My key 

priorities will be implementation of the 5 main goals of the Superfund Task Force 

report. 

3. Mr. Wright, EPA's Brown fields program is a proven success. EPA collaborates with 

states to spur the cleanup of contaminated and underutilized sites across the country. For 

instance, the Children's Museum of Cheyenne, Wyoming will be built on a brownfield 

property that was assessed and will be remedied due to the efforts of EPA and the State 

of Wyoming under the Brownfields program. With this said, there are still approximately 

450,000 brownfield sites across the country. What efforts can EPA make to expedite the 

cleanup of these sites and ensure more success stories like the cleanup in Cheyenne? 

I believe that by working with closing with the States and local communities, EPA 

can help transform these sites and revitalize communities. 

Page 1 of 18 
37 


34698.023

Ranking Member Carper: 

4. For decades, both Republican and Democratic administrations alike have had written 

policies limiting White House contacts with agencies that have investigatory and 

enforcement responsibilities. These policies have recognized that even a simple phone 

call from the White House to an agency inquiring about or flagging a specific matter can 

upset the evenhanded application of the Jaw. 

a. Do you agree that it is essential that in making decisions, the Otlice of Land and 

Emergency Management (OLEM) must be shielded from political influence and 

spared even the appearance of being subject to political influence or 

considerations? 

I agree it is important for the EPA, including the Office of Land and 

Emergency Management, to be shielded from political influence. 

b. Will you commit to notifying this Committee within one week if any 

inappropriate communications from White House staff to OLEM staff. including 

you. occur? 

I commit to restricting any inappropriate communications, including from 

political influence. 

5. Whistleblower laws protect the right of federal employees to make lawful disclosures to 

agency management otlicials, the Inspector General, and the Otlice of Special Counsel. 

They also have the right to make disclosures to Congress. 

Specifically, 5 U.S.C. § 7211 states that the "right of employees, individually or 

collectively. to petition Congress or a Member of Congress or to furnish information to 

either House of Congress, or to a committee or Member thereof, may not be interfered with 

or denied." Further, 5 U.S.C. § 2302(b)(8). makes it a violation of federal law to retaliate 

against whistleblower because of "(A) any disclosure of infonnation by an employee or 

applicant which the employee or applicant reasonably believes evidences- (i) a violation of 

any law, rule, or regulation, or (ii) gross mismanagement. a gross waste of funds, an abuse 

of authority, or a substantial and specific danger to public health or safety, any disclosure 

to the Special Counsel, or to the Inspector General of an agency or another employee 

designated by the head of the agency to receive such disclosures, of information which the 

employee or applicant reasonably believes evidences a violation of any law, rule. or 

regulation ... " In addition, pursuant to 18 U.S.C. § 1505, it is against federal law to interfere 

with a Congressional inquiry. 

Page 2 of 18 
38 


34698.024

a. If you are conlinned, will you commit to protect the rights of all OLEM career 

employees to make lawful disclosures, including their right to speak with 

Congress? 

Yes, ifl am confirmed. 

b. Will you commit to communicate employees' whistleblower rights via email to 

all OLEM employees within a week of being sworn in? 

If confirmed, I will ensure that the EPA employee's whistleblower rights are 

communicated to them in a timely fashion. 

6. Last year. my staff was informed that EPA political stafJverbally directed career staff to 

simply delete the majority of the benefits of the Clean Water Rule before submitting a 

revised document to OMB about the rule. If you are conlinned, do you commit to ensure 

that career stall' at OLEM will receive appropriately documented, rather than verbal, 

direction from political officials, including yourself, before they take action? If not, why 

not? 

( am not aware of the situation which you are referencing, but I will always seek to 

provide my directions clearly in writing. 

7. Do you agree to provide complete, accurate and timely responses to requests for 

infonnation submitted to you by any Member of the Environment and Public Works 

Committee? If not, why not? 

Yes, if confirmed. 

8. Last year, EPA announced that Administrator Pruitt would be publishing brief summaries 

of his calendars biweekly, after dozens of Freedom of Information Act requests for this 

information as well as a March 2017 request by me and my colleagues that he do so. During 

the Obama Administration, the Administrator, regional Administrators and all those 

serving in conlinned roles published their calendars daily. 1 If you are confinned, wilt you 

commit to publishing your calendars daily? If not. why not? 

I will commit to providing my calendar in a timely manner. 

1 https:/lyoscmite.epa.gov lopaladmpress. nsfiCalendars'?Open View 

Page 3 of 18 
39 


34698.025

9. Scott Pruitt previously served as Chairman of The Rule of Law Defense Fund (Fund), 

which is an affiliate of the Republican Attorneys General Association. Further, Liberty 

2.0 Super PAC and Oklahoma Strong Leadership PAC are both political actions 

committees used by Scott Pruitt to fundraise for his prior political campaigns. In 

addition, Mr. Pruitt has confirn1ed that he has established a personal legal defense fund. 

Have you ever contributed any money or time to the Fund, the PACs referenced above, or 

the legal defense fund, or to an entity that has in turn contributed to any of these entities? 

If so, please provide details. 

No. 

I 0. In September 2017, the EPA Inspector General issued a report titled "EPA's Distribution 

of Superfund Human Resources Does Not Support Current Regional Workload." It 

concluded, among other things, that one of the impediments to progress in cleaning up 

Superfund sites is lack of adequate EPA statl~ Do you agree with and accept the 

conclusions of the Inspector General in this regard? 

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed on this issue. 

II. The president's budget requests for Fiscal Years 2018 and 2019 both proposed cutting the 

number ofstaffworking on Superfund cleanups. Given the conclusions of the Inspector 

General in the report "EPA's Distribution of Superfund Human Resources Does Not 

Support Current Regional Workload," would you expect that reducing the number of 

EPA personnel working on Superfund cleanups would lead to an increase or a decrease of 

the pace of cleanups? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

of the office and will manage EPA's Office of Land and Emergency Management 

programs within the authorities and resources provided by Congress. 

12. The list of publications you provided to the Committee does not appear to be 

comprehensive. For example, your list does not include an ABA publication titled "To 

Disclose or Not to Disclose- That is Not the Question for In-House Environmental 

Counsel" (ABA 2003). Please provide a comprehensive list of all publications, with 

copies of each published piece. 

Page 4of18 
40 


34698.026

I have provided the Committee with a list of publications that I recall having had 

published during the course of my 32-year career and a copy of any publications 

that I have retained a copy of in either an electronic or hard copy. I will have to 

contact the ADA's Section of Environment, Energy and Resources to see if they have 

a copy of the referenced publication from 15 years ago. 

13. One of the recommendations from the Superfund Task Force was the creation of a special 

"Administrator's Priority List" for Superfund sites that the Administrator would receive 

focused hriefings on. This list has come under scrutiny after, according to news reports, a 

high profile supporter of Mr. Pruitt was able to have a client's project included on the 

Administrator's List. According to EPA's website, being placed on the list is not 

accompanied by additional money or personnel resources, so it's unclear what value there 

is in actually being placed on the Administrator's list. For purposes of this question, 

assume that being placed on the list does in fact carry some additional value. As Assistant 

Administrator, what criteria would you use to recommend a site be added on to the 

Administrator's Priority List? 

If confirmed, I will work with the Superfund Task Force and consult with agency 

staff to identify sites that can benefit from the Administrator's direct engagement 

and have identifiable actions to protect human health and the environment. 

14. For any site that you recommend be placed on the Administrator's Priority List, what 

purpose(s) might you hope to achieve by placing the site on the list? 

If confirmed, I will work with the Superfund Task Force and consult with agency 

staff to identify sites that can benefit from the Administrator's direct engagement 

and have identifiable actions to protect human health and the environment. 

15. Will you commit to making public the criteria used to recommend a site for inclusion on 

the Administrator's Priority List? Will you commit to making public the intended goal 

you are seeking to achieve by placing a site on the Administrator's Priority List? 

If confirmed, I will work with the Superfund Task Force and consult with agency 

staff to identify sites that can benefit from the Administrator's direct engagement 

and have identifiable actions to protect human health and the environment. 

PageS of18 
41 


34698.027

16. Will you commit to making public a list of any sites that are placed on the 

Administrator's Priority List that you did not recommend? 

If confirmed, I will work with the Superfund Task Force and consult with agency 

staff to identify sites that can benefit from the Administrator's direct engagement 

and have identifiable actions to protect human health and the environment. 

17. The February I, 2018 Ninth Circuit in the Hawaii Wildlife Funci case and the April 12. 

2018 Fourth Circuit in the Kinder Morgan case relate to the hydrological connection 

between polluting point sources and a!Tected surface waters requiring pollutants 

transported through groundwater to be regulated under the Clean Water Act. Some have 

suggested that such pollution should be regulated under RCRA or CERCLA, and though 

the EPA is taking public comment on the matter. the statutory and regulatory regime f(lf 

pollutants transported via hydrologically connected groundwater to federallyjurisdictional waters remains unchanged. Do you commit, if confirmed, to abide 

by current law and precedent regarding the regulation of these pollutants? 

If confirmed, I will respect the public comment process and abide by current law 

and precedent regarding the regulation of pollutants. 

18. Coal ash disposal sites are disproportionately located in low-income communities and 

communities of color. A 2016 report by the U.S. Commission on Civil Rights entitled 

"Environmental Justice: Examining the Environmental Protection Agency's Compliance 

and Enforcement ofTitle IV and Executive Order 12898" included numerous 

recommendations to EPA to reduce any potential disparate environmental impacts from 

these disposal facilities on surrounding communities. If confirmed, will you commit to 

reviewing the recommendations outlined in the report. and actively working with the 

Office of Environmental Justice within EPA. local communities with disposal sites. as 

well as any other interested stakeholders to reduce any actual or potential disparate 

impacts from coal ash disposal sites on those communities'? 

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed on this issue. 

Page 6 of 18 
42 


34698.028

19. If an owner or operator of coal ash disposal site is found to be responsible for 

contaminating either community or private drinking water wells, who do you believe 

should be responsible financially to ensure that impacted consumers receive safe drinking 

water? 

I am not familiar with the specifics about ongoing practices regarding this policy; 

however, if confirmed, I look forward to being briefed ou this issue. 

Senator Booker: 

20. At your confirmation hearing, I asked you a series of questions about the 2017 Clean Air 

Act's Risk Management Program (RMP) amendments that the EPA is currently 

proposing to replace with a new update. You indicated to me that you were not familiar 

with this rule and so were not able to provide substantive answers to these questions. As 

promised. I am resubmitting the questions {a-e) for consideration here. 

a. Do you support Administrator Pruitt's proposal to weaken chemical safety 

standards? 

b. Do you believe facilities should be required to assess whether or not they can 

move towards using safer technologies to limit their potential tor catastrophic 

chemical incidents? 

c. Should facilities that have a chemical disaster or a "near miss" be required to 

investigate what went wrong so that they can avoid similar impacts in the future? 

d. EPA's proposal explicitly states that the changes would disproportionately impact 

low-income communities and communities of color. The agency is moving 

forward with the rule anyway because it will save an estimated $88 million per 

year in an industry whose overall annual revenue is estimated at nearly $800 

billion. Do you agree with this logic? Do you believe that it is acceptable for EPA 

to ignore these low-income communities and communities of color, who already 

disproportionately suffer harm from pollution? 

e. If EPA refuses to adequately protect these vulnerable communities from negative 

environmental impacts, do you agree with me that these communities should have 

the right to bring a private cause of action to protect themselves from this type of 

disproportionate harm? 

I am a strong believer in chemical safety and I believe that the agency should 

enforce existing laws; however, I am not familiar with the specifics about ongoing 

practices regarding this policy. If confirmed, I look forward to being briefed on this 

issue. 

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34698.029

21. Will your tina! recusal agreement include recusal from decisions affecting DowDupont 

RMP facilities, even if you were not personally or substantially involved in working with 

those facilities in your previous role at Dow? 

I will follow the guidance of EPA's career ethics officials with respect to recusals. 

22. Like RMP facilities, many Superfund sites are located in low-income communities and 

communities of color. How will you incorporate the concerns of these vulnerable 

populations when you lead Superfund cleanups? 

All children, regardless of race or income deserve clean air and safe water. We must 

make sure all communities are treated the same. 

23. Are Superfund sites at an increased risk due to more intense hurricanes? What is your 

plan to mitigate these risks? 

Each site has unique risks, all of which must be analyzed and accounted for when 

developing remediation strategies. 

24. One ofth~: largest Superflmd cleanups in EPA history is in my home city of Newark, 

New Jersey. The Diamond Alkali site on the Passaic River in Newark ''ontaminatcd 

approximately 17 miles of the river with the deadly chemical dioxin. The river has been 

contaminated for decades. and the Record of Decision for the Lower 8 miles of the 

Passaic River was tinally announced in March of2016. This site is on Administrator 

Pruitt's list of priority cleanups, and he has represented to me that EPA will be working 

as quickly as possible to implement the Record of Decision for the Lower 8 miles. Will 

you also commit to making the comprehensive cleanup of the Passaic River a priority for 

your office, and will you be sure to keep me and my statl' updated on the progress being 

made? 

Consistent with the memorandum submitted to the Committee, I will be recused 

from working on this site. 

25. In DowDupont's Form 10-K, the company specifically notes that the Ventron/Velsicol 

Superfund site in New Jersey is one of their sites with the largest potential environmental 

liability. EPA is currently working on the Record of Decision for the Ventron!Velsicol 

Superfund site and if you are confirmed. you could play a role in selecting the cleanup 

and negotiating the amount of funding required to implement the cleanup. Will you agree 

to recuse yourself from involvement with the Ventron!Velsicol Superfund site? 

Consistent with the memorandum submitted to the Committee, I will be recused 

from working on this site. 

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34698.030

26. Are you aware that coal ash is one of the largest industrial waste streams in the nation? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

27. Are you aware that 70% of coal ash lagoons impact communities where low-income 

communities and communities of color are disproportionately represented? 

I am not familiar with the specific..~ about this policy; however, if confirmed, I look 

forward to being briefed on this issue. Nevertheless, all children, regardless of race 

or income deserve cleau air aud safe water. We must eusure that all communities 

are treated the same. 

28. Are you aware that in 2016, a U.S. Commission on Civil Rights (USCCR) £~?!2!1 

highlighted that EPA's failure to adequately regulate coal ash disproportionately affects 

America's most vulnerable populations? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. Nevertheless, all children, regardless of race 

or income deserve clean air and safe water. We must ensure that all communities 

are treated the same. 

29. Do you support Administrator Pruitt's efforts to weaken the minimum protections that the 

coal ash rule provides to communities that live near these toxic dumps? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

Senator Duckworth: 

30. A critical statutory responsibility of the U.S. Environmental Protection Agency (EPA) is 

implementing the bipartisan Renewable Fuel Standard (RFS) program in accordance with 

the letter of the law and congressional intent. As EPA notes on its public website, 

"Congress created the renewable fuel standard (RFS) program to reduce greenhouse gas 

emissions and expand the nation's renewable fuels sector while reducing reliance on 

imported oil." 

In 2010, EPA determined that biogas from landfills, sewage and waste treatment plants 

qualify as advanced biofuels and eligible to generate a renewable identification number 

(RIN). Illinois is home to a number of landfill gas-to-energy genemting plants that produce 

high-quality renewable fuel. with the potential to host additional facilities. If Illinois" 

Page 9 of 18 
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34698.031

potential were fully realized, Illinois' biogas industry could power more than 6 I ,000 homes 

or 75,000 vehicles, create 732 long-term jobs and remove 19 trillion tons of carbon dioxide. 

It is clear that protecting the RFS is vital to Illinois' economy, energy security and 

environment. If confirmed to lead the Ot1ice of Land and Emergency Management. you 

would be critical to implementing and approving future landfill gas-to-energy generating 

plants. Will you commit to providing technical assistance tor States permitting solid waste 

landfills that incorporate gas-to-energy technologies. and will you support EPA's 2010 and 

2014 determinations that biogas fromlandt1lls, sewage and waste treatment plants qualifies 

as an advanced biofuelunder the RFS? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. Furthermore, l commit to fully engaging with 

you and members of Congress when contacted about providing technical assistance. 

31. The RFS's volume standard under the Energy Independence and Security Act of 2007 

requires petroleum-based transportation fuel to he blended with 8.5 billion gallons of 

cellulosic biofuel. Cellulosic biofuel is classi t1cation for biogas collected from landfills to 

register tor a RIN. However, in 2016. actual production of cellulosic hiofuel only produced 

4.5 percent of the statutory requirement. 

If confirmed to lead the Ot1ice of Land and Emergency Management, will you support 

landfill gas-to-energy projects as a way to meet the statutory requirements for cellulosic 

biofuel production? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

32. TheRE-Powering America's Land Initiative is an EPA program to encourage renewable 

energy development on contaminated land. 274 projects nationwide on 261 contaminated 

lands. landfills. and mine sites have generated returns to the environmental and economk 

benefits of 39 states. In my home State of Illinois. then: arc currently 1\H> \\ind and solar 

projects, and the initiative has determined that there arc 387 contaminated sites with more 

renewable energy potential. In the United States, there are over 11.000 with the potential 

for energy development. These contaminated sites can lower development costs and 

timelines for renewable energy generation. '' hich subsequently creates jobs and lower' 

eleetricity hills tor consumers. 

If confirmed to lead the Ofticc of Land and Emergency Management. you would oversee 

the RE-Powcring America's Land Initiative. In addition to identifying potential sites. they 

provide valuable resources for developers. local government and communities. Will you 

commit to supporting this successful program that allm's communities across the Nation 

to reuse contaminated lands by producing clean, renewable energy'.' 

Page 10 of 18 
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34698.032

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. Although, it should be noted that remediation 

of sites for reuse, particularly opportunities identified by state and local leaders, 

should serve as the benchmark. 

33. Since fiscal year 2000, funding for the EPA Superfund program has steadily decreased in 

both nominal and constant dollars. Inadequate funding is responsible for delaying remedial 

actions for 14 of the past 17 years and the number of national priority list sites that have 

achieved construction complete status has dropped from 27 per year to only 12. 

The Hazardous Substance Superfund account is critical to the programs successful and 

timely cleanup of many of these sites. If confirmed, will you commit to maintaining or 

increasing funding for the Hazardous Substance Superfund account, and in your view, 

which programs are most in need of increased resources? 

If confirmed, I look forward to receiving detailed briefings about ongoing practices 

of the office and will manage EPA's Office of Land and Emergency Management 

programs within the authorities and resources provided by Congress. 

34. I am pleased to see you permanently recused yourself from managing any superfund site 

you worked on while employed at DowDupont or its subsidiaries, and recused yourself for 

two years from all other DowDupont Superfund sites. However, I remain concerned about 

the future of these hazardous waste sites and request clarity on your recusal agreement. 

DowDupont is linked to more than 200 active, proposed or partial national priority sites, 

with 12 of those sites located in Illinois. Mr. Wright, for each Illinois site, please share how 

you were involved with a given site; if the site is subject to your permanent recusal; and 

identify what individual or entity would have authority over any Illinois site that you are 

recused from overseeing. 

I am not familiar with the specifics about every particular site in Illinois; however, if 

confirmed, I look forward to being briefed on sites for which I am not recused from 

working on and better understanding their unique circumstances and needs. If I am 

recused, other OLEM and Region 5 personnel will be responsible for oversight. 

Senator Merkley: 

35. If confirmed as Assistant Administrator for the Office of Land and Emergency 

Management, you would be responsible for management ofthe agency's Superfund 

program.Recently there have been recent many storms and weather events that have 

brought unprecedented flooding to communities nationwide. The recent inundation of 

flood waters in Houston during Hurricane Harvey in 2017 caused severe flooding at over 

a dozen Superfund sites, resulting in the release of unknown quantities oftoxic chemicals 

into the environment. The damage caused by weather events isn't limited to East Coast 

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34698.033

and Gulf Coast communities during hurricanes; communities along the Mississippi River 

has experienced extreme flooding events as well as communities in New England and the 

Pacific Northwest.Hundreds of Superfund sites are located in flood-prone areas, 

including 75 sites in Oregon, with millions of people living within one mile of those sites. 

The potential threat of exposure to hazardous waste from these sites from past/recent 

extreme weather events may not have been considered in the cleanup process. which is 

why it is important we address this issue now. 

If confirmed as Assistant Administrator for the Office of Land and Emergency 

Management. how would you ensure the structural integrity of Superfund sites during 

potential extreme weather events'? 

I am not familiar with the specifics about all of the individual Superfund sites; 

however, if confirmed, I look forward to being briefed on this issue. With that said, I 

believe it is important to plan for potential risks of contamination unique to each site 

to prevent against further contamination. 

36. How would you modify remedial designs to account for extreme weather for Superfund 

sites where a Record of Decision (ROD) has already been issued? 

I belie,·e it is essential to consider extreme weather impacts throughout the 

Superfund process. If confirmed, I will with OLEM and EPA's regional offices on 

this issue. 

37. For sites on the National Priorities List (NPL), please explain how the EPA is 

considering extreme weather in its exposure evaluation in assessing potential threats from 

the NPL site to human health and the environment. 

I am not familiar with the specifics about all of the individual Superfund sites; 

however, if confirmed, I look forward to being briefed on this issue. 

38. Many Superfund sites are located in poor communities. What measures is the EPA 

putting into place to protect these communities in particular from exposure to toxic waste 

during extreme weather events? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. Nevertheless, all children, regardless of race 

or income deserve clean air and safe water. We must ensure that all communities 

are treated the same. 

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34698.034

39. Capping contaminated soil is a method often used in Superfund site cleanups. What is 

the EPA doing to ensure that existing caps do not become damaged during extreme 

weather events? 

I am not familiar with the specifics about this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

40. Climate change will increase the potency as well as the frequency of extreme weather 

events, which in tum increase the risk of exposing the public to hazardous waste from 

Superfund sites. Therefore, your understanding of the most basic science of climate 

change science will be essential to your role in the regulation of greenhouse gases. 

During the hearing, you said that you were not familiar with scientific studies that 

demonstrate human activity is the primary driver of climate change. Please take some 

time to read through the first volume of fourth National Climate Assessment (found here: 

httll~/'~~i_c:nsc1QJ},gl_t_'-l~q1~:bill~\l' !doillJinqg2). authored by 13 federal agencies, 

including the EPA. The report states, "Global annually averaged surface air temperature 

has increased by about 1.8°F (1.0°C) over the last 115 years (1901-2016). This period is 

now the warmest in the history of modem civilization. The last few years have also seen 

record-breaking, climate-related weather extremes, and the last three years have been the 

warmest years on record for the globe. These trends are expected to continue over climate 

timescales." 

Do you agree with this finding? If you do not agree with this finding, please explain why, 

and please provide at least one peer reviewed study supporting your stated position. 

I believe that climate change is real and that humans have an impact on the climate. 

41. The Portland Harbor Superfund site is one of the Superfund sites listed by EPA as 

targeted for ·'Immediate, Intense Action". The completion of the Record of Decision was 

a significant milestone in progress towards clean-up of the river. Can you commit to 

incorporating new information through the flexibility of the existing ROD so the clean-up 

moves forward without delay? 

Consistent with the memorandum submitted to the committee, I will be recused 

from working on this site. 

42. I am concerned about the EPA's recent decision to amend the "Hazardous and Solid 

Waste Management System; Disposal of Coal Combustion Residuals from Electric 

Utilities" rule. more commonly known as the coal ash disposal regulation. The proposed 

amendments would allow states to weaken every aspect of the 2015 rule. Under the 

proposed changes, there would be no federal baseline, and states would be able to set 

their own standards that could be far less protective of America's important water 

resources. 

Page 13 of 18 
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34698.035

The 2015 coal ash disposal ru lc was issued a tier years of intense negotiations with 

numerous stakeholders, including utility companies. environmental advocates, and public 

members. More than 100 EPA scientists, engineers, and economists developed standards 

to ensure water safety using scientitlc evidence and rigorous analyses. Additionally. 

power plant operators were actively involved in the rulemaking process, and the EPA 

properly addressed all of their comments and concerns. The proposed amendments, 

however, skipped this entire process. 

Will you commit to use the best available science in setting standards lor coal ash 

disposal and preserve current standards? 

I am not familiar with the specifics this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

Senator Sullivan: 

43.1n 1971, Congress enacted the Alaska Native Claims Settlement Act to settle aboriginal 

land claims. Last year this Committee held a hearing regarding the legacy of federal 

contaminated lands and the challenge we face in cleaning them up. One of the witnesses 

at that hearing testified about the particular challenges in addressing contaminated lands 

that were conveyed under Alaska Native Claims Settlement Act (ANCSA) to Alaska 

Native corporations. These are lands the government gave to these Alaskan Natives as a 

settlement that were in fact contaminated before the native corporations took possession. 

46 years later, the majority of those contaminated sites have not been remediated. 

a. Can you commit to work with me to address and prioritize cleanup ofANCSA 

contaminated lands within the EPA and coordinating/communicating with other 

federal agencies including the Army Corps and Department of the Interior? 

I am not familiar with the specifics this policy; however, if confirmed, I look 

forward to being briefed on this issue. Furthermore, I look forward to 

engaging on our shared mission to promote human health and the 

environment. 

Senator Whitehouse: 

44. The Union of Concerned Scientists (UCS) reports that DowDuPont and/or its subsidiaries 

are a responsible party lor 238 Superfund sites in 44 states, with 180 of these sites being on 

the National Priority List. Is this inlormation accurate? If not, what explains the ditTerence 

between Dow DuPont's numbers and UCS' numbers? (Note: for this and all subsequent 

questions, "Dow DuPont" refers to the merged entitv as well m to Dow and DuPont when 

thev existed as separate companies prior to the merger.) 

Page 14 of 18 
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34698.036

I am not familiar with reports from this organization nor how they were derived; 

however, following discussions with EPA's career ethics officials prior to my joining 

the Agency, if confirmed, I would be recused from working on DowDuPont related 

sites for two years. 

45. How much does Dow DuPont estimate its financial obligations to be with respect to 

Superfund cleanups specifically, and environmental remediation and restoration more 

broadly? 

Dow DuPont estimate of remedial and restoration obligations are made in accordance 

with accounting principles and the requirements of the Security and Exchange 

Commission. These estimates together with other financial information are audited by 

independent auditors and reported in the IOK and other SEC disclosure reports. 

46. DowDuPont's 2017 IOk says the following with respect to the company's Superfund 

liabilities: 

[Dow DuPont's liability] estimates are based on a number offactors, including 

[ ... ] the outcome of discussions with regulatory agencies [ .. .]. Therefore, 

considerable uncertainty exists with respect to environmental remediation and 

costs. and under adverse changes in circumstances, it is reasonably possible that 

the ultimate cost with respect to these particular matters could range up to two and 

a halftimes above [the reported) amount. Consequently, it is reasonably possible 

that environmental remediation and restoration costs in excess of amounts accrued 

could have a material impact on the Company's results of operations, financial 

condition and cash flows. 

Based on DowDuPont's IOk, would it be correct to state that DowDuPont sees Superfund 

and other cleanup costs as a significant factor affecting its profitability? 

Dow DuPont's 2017 I OK reports on the range of matters, including remediation, that 

could affect the profitability of the company. 

47. Has Dow DuPont lobbied EPA on Superfund-related matters under the current 

administration? If so, on what specific Superfund-related matters did DowDuPont lobby 

EPA? Which EPA officials did DowDuPont lobby on Superfund-related matters? 

I am not familiar with the lobbying or advocacy activity of Dow DuPont and would 

direct you to relevant filings. 

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34698.037

48. How much in total did Dow DuPont spend lobbying the federal government on Superfundrelated matters during each of the last tive calendar years? What percentage of this money 

was spent lobbying EPA? 

I am not familiar with the lobbying or advocacy actiYity of Dow DuPont and would 

direct you to relevant filings. 

49. How much did DowDuPont contribute to Donald Trump's campaign. outside spending 

groups supporting his election. and inauguration? 

I am not familiar with the political contribution history or related acthity of 

Dow DuPont and would direct you to relevant filings. 

50. How much did Dow DuPont contribute to the Republican Attorneys General Association 

while Scott Pruitt was part of its leadership? 

I am not familiar with the political contribution history or related activity of 

Dow DuPont and would direct you to relevant filings. 

5\. Please list all trade associations, section 527 organizations. and section 50l(c)(4) 

organizations engaged in political or electioneering activities to which Dov~DuPont has 

contributed since January L 2015. With respect to any organizations identitied. please 

specify the amount of the contribution(s), date(s) on which they were made. and any 

specitic instructions or direction given to the organization regarding the use of Dow DuPont 

funds. 

I am not familiar with the political contribution history or related activity of 

Dow DuPont and would direct you to relevant report filings. 

52. Will you recuse yourselffrom all particular matters involving entities identitied in the 

previous question? 

I am not familiar with the political contribution history or related activity of 

Dow DuPont and would direct you to relevant report filings; however, following 

discussions with EPA's career ethics officials prior to my joining the Agency, if 

confirmed, I would be recused from working on Dow DuPont related sites for two 

years. 

Page 16 of 18 
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34698.038

53. You have pledged to recuse yourself from specific matters involving Superfund sites where 

DowDuPont is a responsible party. However you have not pledged to recuse yourself from 

rulemakings and other matters of general applicability that will effect all Superfund sites. 

Given that Dow Dupont and/or its subsidiaries are a responsible party at, by at least some 

counts, over 200 Superfund sites, and given DowDuPont's admission that environmental 

remediation costs may have a material impact on the company's financial condition, will 

you commit to recuse yourself from all Superfund-related rulemakings and policy 

decisions? 

If confirmed, I will continue rely on the guidance from EPA's career ethics officials 

to determine any issues for which I may be recused. 

54. If you will not commit to so recuse yourself; please explain how in your view being 

appointed to this position is consistent with President Trump's pledge to drain the swamp. 

If confirmed, I will continue rely on the guidance from EPA's career ethics officials 

to determine any issues for which I may be recused. 

55. Many Superfund sites are located in areas vulnerable to storm surge or inland flooding. Do 

you believe that burning fossil fuels is primarily responsible for climate change? If so, 

what steps, if any, will you take to challenge the climate denialism being promoted by 

Administrator Pruitt and President Trump? 

I believe that climate change is real and that humans have an impact on the climate. 

56. With respect to coal ash, are you supportive of Administrator Pruitt's proposal to weaken 

monitoring requirements tor coal ash dumps? 

I am not familiar with the specifics this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

57. Corporate owners and operators of coal ash dumps have historically exercised their 

influence to avoid the necessary cleanup of leaking coal ash dumps which place 

communities at risk due to contaminated drinking water. In light of this, are you 

supportive of Administrator Pruitt's proposed changes to the current national cleanup 

standards that would make it easier for owners and operators to avoid, delay, and/or defer 

cleanup of leaking coal ash dumps? 

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34698.039

I am not familiar with the specifics this policy; however, if confirmed, I look 

forn·ard to being briefed on this issue. 

58. Do you believe that owners and operators of coal ash disposal sites should be given the 

authority to determine cleanup standards of contaminated groundwater at these hundreds 

of contaminated coal ash sites without the direct oversight of state or federal regulators? 

I am not familiar with the specifics this policy; however, if confirmed, I look 

forward to being briefed on this issue. 

Page 18 of18 
54 

Senator BARRASSO [presiding]. Well, thank you very much, Mr. 

Wright. 

I want to thank both of you for your testimony. 

Throughout this hearing and with the questions for the record, 

Committee members are going to have the opportunity to learn 

more about your commitment to our great Nation, and I would ask 

that throughout this hearing you please respond to the questions, 

not just those today, but also those for the record. 

There are a couple of questions that we ask of all nominees on 

behalf of the Committee, and I will start with the one of do you 

agree, if confirmed, to appear before this Committee or designated 

members of this Committee, and other appropriate committees of 

Congress, and provide information subject to appropriate and necessary security protection with respect to your responsibilities? 

Mr. McIntosh. 

Mr. MCINTOSH. Yes. 

Senator BARRASSO. Mr. Wright. 

Mr. WRIGHT. Yes. 

Senator BARRASSO. Thank you. 

Do you agree to ensure that testimony, briefings, documents, and 

electronic and other forms of information are provided to this Committee and its staff, and other appropriate committees, in a timely 

manner? 

Mr. McIntosh. 

Mr. MCINTOSH. Yes. 

Senator BARRASSO. Thank you. 

Mr. Wright. 

Mr. WRIGHT. Yes. 

Senator BARRASSO. Thank you. 

Now, to both of you, do you know of any matters which you may 

or may not have disclosed that might place you in any conflict of 

interest if you are confirmed? 

Mr. McIntosh. 

Mr. MCINTOSH. No. 

Senator BARRASSO. Mr. Wright. 

Mr. WRIGHT. No. 

Senator BARRASSO. Thank you very much. 

With that, I am going to ask a few questions and then turn to 

colleagues to do the same. 

Mr. Wright, if confirmed, you will oversee the EPA’s Superfund 

program and the Brownfields program. In its 2017 annual report, 

the parent of your current employer, Dow Chemical, identified 

itself as a responsible party at 193 existing and proposed Superfund sites, and I understand that roughly 170 of those sites are on 

the National Priority List. 

How do you plan to address the issues of recusal? 

Mr. WRIGHT. As has already been identified briefly, and I will expand upon it, I have worked with the career ethics officials at the 

EPA with respect to drafting and signing a memorandum that 

makes clear that I will be recused from working on the sites not 

only that are the Dow Chemical sites, but also those that are DuPont sites in that Dow and DuPont merged on September 1 of 

2017, so we have identified those sites in a memorandum which, 

if confirmed and I join the Agency, I will have to reassign. 

55 

We have also put in place in that memorandum a process for 

screening matters that might come before me with the highest level 

career official and the political deputy, so that they would screen 

matters to prevent me from working on any sites from which I 

would be recused. 

Senator BARRASSO. Thank you very much, Mr. Wright. 

Mr. McIntosh, if confirmed, one of your principal responsibilities 

will be to protect the public health and environment in Indian 

country. Indian Tribes in neighboring States often have different 

views on how to protect the public health and the environment. 

These issues can be very contentious. You experienced this firsthand during your tenure in the Michigan State government. 

How can EPA better engage Indian Tribes and States as it seeks 

to improve public health and the environment in Indian country? 

Mr. MCINTOSH. In my time with the Michigan Department of Environmental Quality, we did work with our 12 recognized Tribes. 

I am not with the EPA at the moment, but I look forward to actually working with all the EPA entities and the Tribes as we carry 

out our environmental and public health protection duties. My experience will allow me to help with the Tribes that have their own 

organizations, their own environmental organizations to ensure 

that they have adequate resources, as well as carrying out our 

Trust responsibilities on the tribal lands that the EPA actually 

have to carry that out, and I have plenty of experience in terms 

of working with multiple States and agencies and countries to work 

through those kinds of issues. 

Senator BARRASSO. Because you served as a State regulator. You 

also worked for a couple of decades as an environmental compliance manager for one of the world’s largest automobile manufacturers. 

Mr. Wright, you have led an impressive career that includes 

three decades of environmental law experience. 

I would like to ask each of you this based on your backgrounds, 

what do you consider to be maybe your greatest professional accomplishment as it relates to protecting the environment? 

Mr. Wright. 

Then I will go to you, Mr. McIntosh. 

Mr. WRIGHT. Well, the thing that I think I am most well known 

for is leading the legal team that has worked to resolve very longstanding controversies with respect to cleanups in the hometown of 

the Dow Chemical Company, in Midland, Michigan. We have been 

able to enter into 14 separate orders with EPA Region 5 with respect to the Tittabawassee River and floodplain. Work continues, 

work is going on I am sure today, if it is not raining, and will continue through 2020 on the Tittabawassee River, and then, after, 

the Saginaw River and Bay, but we were able, again, to put in 

place a process that is moving that process along. 

The controversy in the city of Midland with respect to dioxin contamination was an issue going back into the early 1980s. We were 

working with the State, with support from EPA, and the community to come up with a cleanup approach that was able to allow us 

to complete a cleanup, one sample, nearly 1,400 homes, cleanup 

about 10 percent of those homes and resolve that issue years ahead 

of schedule and really very much completely. 

56 

Senator BARRASSO. Thank you. 

Mr. McIntosh, you talk a little bit about your greatest professional accomplishment as it relates to protecting the environment. 

Mr. MCINTOSH. There are a number. I will mention just a couple. 

When I first went to work for Governor Engler, I got to shepherd 

the Clean Air Act amendments of 1990, which I know ages me considerably. That was a fantastic opportunity where we worked in a 

very bipartisan way with the State legislature to totally implement 

the Clean Air Act, and that was rewarding, and it got us out in 

front of all the regulatory requirements and such of the statute. 

Probably one of the more difficult things I was involved in was 

negotiating the Twelve Towns Drain combined sewer overflow system improvements for southeast Michigan by actively negotiating 

with 14 municipalities who were struggling with the resources necessary to improve their combined sewer overflow structure. We 

were able to leverage Federal funding to the State Revolving Fund 

to provide seeds to help the municipalities, as well as working with 

the agencies who were involved in enforcing in that area. But to 

have the 14 communities come together and finally put the project 

in place that significantly kept sewage from flowing into our waters 

of the State, I was most proud of that. 

Senator BARRASSO. Thank you. 

Senator Rounds. 

Senator ROUNDS. Thank you, Mr. Chairman. 

Mr. McIntosh, once again, it is good to see you again. I appreciated the meeting that we had in my office in April. At that meeting we had an opportunity to discuss your thoughts about tribal relations, and I know that you have indicated that you had a number 

of Tribes that you worked with in your home State. 

The Chairman has already indicated an interest in finding out 

from you about your thoughts about how to work with tribal leaders. 

I just want to talk about real consultation and what that means. 

I think in a lot of cases we have this tendency at the Federal 

level—and even at the State level—when there is a request for a 

consultation, it seems to be it is more along the lines of we dot our 

Is, we cross our Ts. But I think the tribal leadership across this 

country expects more in consultation. Can you share a little bit 

about your thoughts about what the term consultation means when 

it talks about communications with our tribal leaders? 

Mr. MCINTOSH. For me, consultation would be—I think with my 

background and experience with the States, counties, with Ford, 

with the other countries around the world, as well as the Tribes 

in the State of Michigan—consultation would be actually a direct 

dialogue where I can provide specific help to the Tribes where they 

need it. If it is a resource issue, or if they have a technology issue, 

you know, I would be able to help. So, to provide direct assistance, 

as well as help them for the tribal lands where the EPA is actually 

implementing the Federal regulations, work with them directly so 

that they are directly involved in that. 

Senator ROUNDS. Does it include asking their advice about what 

they think is right for their lands? 

57 

Mr. MCINTOSH. Absolutely. It is their sovereign lands. We have 

a Federal Trust responsibility, but it is definitely their Federal 

lands, and we would be working with them as a sovereign. 

Senator ROUNDS. Does it include negotiations with them on the 

appropriate way to proceed? 

Mr. MCINTOSH. Negotiations under the law, yes. 

Senator ROUNDS. So, it is not simply a matter of having a public 

meeting where you take some input from a group on a particular 

geographic area and then simply say we have done our consultation, we have had a public meeting, and now we can make a decision. 

I want to flush this out a little bit because I think in a lot of 

cases that is the way our tribal leaders feel, is that we give them 

an opportunity to have a public meeting, but we don’t have a give 

and take. Can you flesh this out a little bit for me? 

Mr. MCINTOSH. Sure. Although public meetings are very important, when I was a hazardous waste permit engineer, we would 

have a large public meeting with a gymnasium full of people that 

were very upset with what was happening, but I personally would 

seek out the interest groups that were communicating with the department, and I would go meet with them personally prior to the 

public meeting, first of all, to explain the law under which we were 

taking these actions and to help them understand where we were 

going, and to take their input in terms of how they wanted the facility to proceed. 

Senator ROUNDS. We have nine Tribes in South Dakota, and I 

think that is the one thing that I hear more than anything else, 

is the lack of consultation, a true consultative process, which is 

more than simply dotting Is and crossing Ts, it is a matter of actually having a dialogue with those leaders. 

I would just simply ask that you really consider that in the discussions that you have, that each of these organizations, as a sovereign entity, has built in to the treaty obligations, in many cases, 

that expectation of true dialogue. 

Mr. MCINTOSH. I will, and I look forward to those consultations. 

Senator ROUNDS. Thank you, sir. 

Mr. Wright, I am just curious. I have been pleased to see that 

the current leadership of the EPA has shifted their focus on the 

core environmental responsibilities to those areas that I think were 

originally intended by Congress. This includes overseeing the 

Superfund program. I believe that every member of this Committee 

would like to see greater remediation of our Nation’s Superfund 

sites. You have talked about that. 

What do you believe to be the greatest barriers to remediating 

these sites today? 

Mr. WRIGHT. Well, I think the greatest barriers to remediating 

sites today are a number of practices that have built up over time, 

you know, that are not as productive as they can be with respect 

to moving sites forward. It can run the gamut, depending on the 

particular site, what the impediment is, but overall, I think the 

real key to really moving forward is encouraging action and moving 

forward. The experience that I have had, for example, with respect 

to the Tittabawassee River is similar to, I think, the large sites 

that are moving forward, is where often smaller chunks are taken, 

58 

you know, action is taken on pieces of a problem and not make it 

the battle over the entire project, and to get going with respect to 

that. I think that is really one of the keys. 

Senator ROUNDS. Let me just say I serve as Chairman of the 

Senate Environment and Public Works Subcommittee on Superfund. In this capacity, I intend to hold additional hearings examining the strengths and the weaknesses of the Superfund program. 

Should you be confirmed, can you commit to appearing before our 

Subcommittee? 

Mr. WRIGHT. I do. 

Senator ROUNDS. Thank you. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Rounds. 

Senator Ernst. 

Senator ERNST. Thank you, Mr. Chair. 

Gentlemen, unfortunately, there have been some instances where 

I have been made promises by the EPA, even in writing, only to 

have them reneged upon. I am told one thing and then find out in 

a press report that the EPA is doing exactly what they told me 

they wouldn’t do. So, when issues under your purviews arise and 

I engage with your offices, can I count on you to keep your word? 

Mr. McIntosh. 

Mr. MCINTOSH. Should I be confirmed, I look forward to working 

with you directly and giving you timely responses to anything you 

ask of me. 

Senator ERNST. And Mr. Wright. 

Mr. WRIGHT. If confirmed, I will do so. 

Senator ERNST. OK. And please, gentlemen, if you have no intent 

of upholding a commitment or carrying out a policy, I would rather 

know that up front. I value integrity. 

The EPA has also been under intense scrutiny due to some of the 

questionable decisions that have been made at the agency, and a 

number of those have been detailed today, but I do look forward 

to hearing from the oversight committee. Excessive and unnecessary spending, unacceptable uses of Agency resources. The list goes 

on and on. 

It is important to understand what the courses of action are. If 

you do witness additional improprieties, are you familiar with 

EPA’s policies governing the reporting of such complaints? 

Mr. McIntosh. 

Mr. MCINTOSH. If confirmed, I will become very familiar with all 

those policies and rules, and commit to following them, as well as 

the advice from our Agency ethics officials. 

Senator ERNST. I appreciate that. 

Mr. Wright. 

Mr. WRIGHT. Senator, yes, if confirmed, I intend to come up to 

speed on those policies and will follow them and follow the guidance of career ethics officials. 

Senator ERNST. I appreciate that very much. 

I will yield back my time and look forward, again, to additional 

discussions about the Agency and some of those really unacceptable, what I consider unacceptable uses of taxpayer dollars. Thank 

you very much. 

Senator BARRASSO. Thank you, Senator Ernst. 

59 

Senator Carper. 

Senator CARPER. Before I ask a series of questions that relate to 

the offices to which you have been nominated, I just wanted to return to the issue of the Administrator of EPA just to say, Mr. 

Chairman, colleagues, if I had been accused of any of the things 

that he has been accused of, and there is like a whole plethora of 

them, I would be pleading for a chance to sit at this table and defend myself. That is what I would ask. Give me a chance to publicly rebuke these, rebut. That is what I would want. For the life 

of me, for someone who has been accused day after day, week after 

week, now month after month of these misdeeds, and not to be 

seeking the opportunity to be heard before the committee of jurisdiction to clear his name, I don’t get it. I just don’t get it. 

But let me ask a question of both of you, if I could. If the Administrator, Mr. Pruitt, asked EPA staff—apparently he is accused, repeatedly, of asking his EPA staff to help, among other things, help 

his wife find a job by approaching political supporters, including 

those with businesses before the EPA, to ask them to put her on 

their payroll, let me just ask, using your official role for personal 

gain, including to enrich your family, as far as I can tell, is against 

the law, do each of you commit not to assist this Administrator or 

any Administrator in an effort to enrich him or his family, even if 

he or she directs you to do so? Would you make that commitment? 

Mr. Wright. 

Mr. WRIGHT. Senator, I have no expectation that would happen, 

but I wouldn’t agree to it. 

Senator CARPER. Mr. McIntosh, same question. Would you make 

that commitment? 

Mr. MCINTOSH. Again, I—— 

Senator CARPER. If you are asked. 

Mr. MCINTOSH. I have not been part of the Agency up to this 

point. If confirmed, I will conduct my official duties in full compliance with all the rules and regulations with the agencies and work 

very closely with the ethics officials on all issues. 

Senator CARPER. OK. 

A follow up question. Mr. Pruitt apparently also asked his EPA 

staff to help him search for real estate, buy a used mattress from 

a Trump Hotel, get his daughter a White House internship, pick 

up his dry cleaning, and buy his favorite fancy moisturizer. Federal 

law prohibits Federal employees, public employees, from asking or 

directing subordinates to provide them with personal gifts or services. 

Do each of you commit to refuse any similar request from Administrator Pruitt or some future Administrator might make of you 

and your staff along those lines? 

Mr. WRIGHT. Senator, I have no expectation of getting such a request, but again, I would follow all of the guidelines informed by 

the career ethics officials. 

Senator CARPER. Thank you. 

Mr. McIntosh, same question. 

Mr. MCINTOSH. I again commit I will follow all the rules and regulations of the Agency, as well as following and committing to following the guidance of our ethics officials. 

Senator CARPER. All right. 

60 

Mr. Wright, this question is just for you. In your recusal statement you said you would abide by ethics regulations and the 

Trump ethics pledge. You also said that you would not participate 

in working on any DowDuPont Superfund site for 2 years after you 

are confirmed. Do you intend to seek any waiver that would allow 

you to work on those sites in the 2 year period following your confirmation, if you are confirmed? 

Mr. WRIGHT. I have no intention to seek any waivers. 

Senator CARPER. All right, thank you. 

A question again for you, Mr. Wright. In January this year I believe Barry Breen, who was the Acting Assistant Administrator for 

the Office of Land and Emergency Management, told the House 

Energy and Commerce Committee that when it comes to cleaning 

up Superfund sites, he said, ‘‘We have to respond to climate 

change, and that is just part of our mission, so we need to design 

remedies that account for that.’’ That is what he said. 

Both Administrator Pruitt and the President are infamous skeptics of climate change science and dismiss the central role scientists 

say that human activity is playing in changing our climate. 

My question of you, Mr. Wright, would be who do you agree with, 

Mr. Breen and the worldwide scientific community or Mr. Pruitt 

and our President. 

If you were confirmed, will you incorporate perspective climate 

change impacts into the remedy selections and designs for Superfund sites? Let me say that last question. This is one that I really 

want to ask. If you are confirmed, will you incorporate perspective 

climate change impacts into the remedy selection and design for 

Superfund sites? 

Mr. WRIGHT. I will and agree it is essential. 

Senator CARPER. Thank you. 

Mr. McIntosh, one of the main functions of the Office of International and Tribal Affairs is working with Tribal Nations across 

our country. Would you please give us an example of some of the 

work that you have done with Native American communities, 

please? 

Mr. MCINTOSH. The Michigan Department of Environmental 

Quality that I was Deputy Director of worked extensively with our 

12 recognized Tribes on a number of issues. I have not worked specifically on one of the issues other than managing the staff working 

on those. 

Senator CARPER. All right, thank you. 

Senator BARRASSO. Thank you, Senator Carper. 

Senator Booker. 

Senator BOOKER. Mr. Chairman, thank you very much. 

Gentlemen, thank you very much for being here. I do want to 

note that you all have extraordinary haircuts as well. 

[Laughter.] 

Senator BOOKER. Mr. Wright, I have some questions for you, and 

forgive me, my time is limited, so I am going to do a little bit of 

a rapid fire. But just to set up the question, you are aware, I am 

sure, that Administrator Pruitt is attempting to roll back the 2017 

Clean Air Act’s Risk Management Program update, otherwise 

known as the Chemical Disaster Rule. The 2017 update established 

a set of public health and safety protections that would protect enVerDate Aug 31 2005 09:56 Feb 13, 2019 Jkt 000000 PO 00000 Frm 00064 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\34698.TXT SONYA
61 

vironmental justice issues, facility workers, community first responders from accidents at a wide range of industrial chemical facilities. 

On May 17th the Administrator proposed a new rule that would 

roll back all protections afforded by those 2017 standards. The proposal comes after a recent report, which was very troubling to my 

team, that outlined more than 40 chemical disasters that have occurred since Administrator Pruitt first delayed this rule last summer. And the EPA’s own data shows that from 2014 to 2016 there 

have been at least 137 reported accidents each year. 

So just my rapid fire questions, if you would, sir. Yes or no, do 

you support the Administrator’s proposal to weaken the chemical 

safety standards? 

Mr. WRIGHT. Senator, I am not deeply familiar with the current 

rule; it has been some time since I have been asked. I am familiar 

with the program, but not the current rule. 

Senator BOOKER. OK, I would love to ask that, but as a question 

for the record and see if you would answer that after the hearing. 

Yes or no, second, do you believe that facilities should be required to assess whether or not they can move toward using safer 

technologies to limit their potential for catastrophic chemical incidents? 

Mr. WRIGHT. Again, Senator, I am generally familiar with the 

rule—— 

Senator BOOKER. But that just seems—— 

Mr. WRIGHT [continuing]. But I am not as familiar with the particular—— 

Senator BOOKER. But that just seems like common sense. Do you 

think that these facilities should have to assess whether or not 

they can move toward using safer technologies that could actually 

protect human lives and avoid these hundreds of accidents that we 

seem to be having? 

Mr. WRIGHT. Well, I believe chemical safety is paramount, but if 

confirmed, I would become more up to speed with the particular details of that proposal. 

Senator BOOKER. OK. So then, in general, do you believe facilities that have a chemical disaster or a near miss, as it is termed, 

that they should be required to investigate what went wrong so 

that they can avoid similar impacts in the future? Doesn’t that 

seem like a common sense thing that we should require companies 

to do? 

Mr. WRIGHT. Well, Senator, again, I am not particularly familiar—— 

Senator BOOKER. I am just asking for your common sense. 

Mr. WRIGHT. There is a common sense element to it, and it is a 

practice that I am familiar with for the particular client that I 

work for today. 

Senator BOOKER. So, you think it is just common sense, something that makes sense that we should do. 

Mr. WRIGHT. It may be commonsensical, but again, I don’t appreciate exactly how it is formulated in the proposed rule or in the 

previous rule. 

Senator BOOKER. So, if you lived in a community, if you were just 

a neighbor now of a chemical plant, like many folks do in my State, 

62 

and they had a near miss or a chemical disaster, would you want 

them to do an investigation so that they could avoid similar such 

near misses in the future? If you lived in that community, would 

that be something you would want? 

Mr. WRIGHT. Well, again, from the perspective of being the Assistant Administrator, if confirmed—— 

Senator BOOKER. I am just asking as a human being, man. These 

facilities are usually in low income communities, like Cancer Alley 

in Louisiana, where I visited with poor, low income African-American communities that live next to these plants;, people in my 

State, who live next to a chemical plant. Just for just your own 

human decency, if you lived near one of these plants, if you had 

children by those plants, wouldn’t you want this done? 

Mr. WRIGHT. Well, Senator, as I have stated, I am a very strong 

believer in chemical safety, and appropriate measures should be 

taken, and as appropriate, the Agency should enforce existing 

rules. 

Senator BOOKER. The EPA’s proposal explicitly states that 

changes—the EPA itself is saying that they would disproportionately impact low income communities and communities of color. 

The Agency is moving forward with the rule anyway, despite it saying it would have that disproportionate impact on low income folks, 

people of color, and they say it is because it is going to save an estimated $88 million per year in an industry whose overall annual 

revenue is estimated to be $100 billion. 

So, it seems like that cost-benefit logic is what is prevailing here. 

Do you believe it is OK for the EPA to make rules that disproportionately impact the health and safety of low income and minority 

communities because of a cost-benefit analysis, or should the 

health concerns of those communities prevail? 

Mr. WRIGHT. I believe it is very important for EPA to take into 

consideration the impacts on minority communities, but again, I 

am not familiar with the details about how this rule does or doesn’t 

do that. 

Senator BOOKER. OK, finally, if the EPA refuses to adequately 

protect these vulnerable communities from negative environmental 

impacts, again, I have been spending a lot of time on the road visiting communities that are affected in this way, do you agree with 

me that these communities should have the right to bring a private 

cause of action to protect themselves against this type of disproportionate harm? 

Mr. WRIGHT. Senator, I would take it that that is kind of beyond 

the scope of the position for which I have been nominated, to generally comment on the law. 

Senator BOOKER. But it is important for me, someone who is 

going to advise and consent the President of the United States, to 

know what kind of person you are. Do you have an opinion on 

whether folks should be able to defend themselves in the judicial 

system from companies that are affecting their life and their health 

and safety in these communities? 

Mr. WRIGHT. Well, again, of course, it depends on the particular 

State, but there typically are State laws that would provide for a 

cause of action, whether statutory or common law causes of action. 

63 

Senator BOOKER. I would just like to say to the Chairman I 

would like to have these questions submitted. He says he wasn’t 

prepared to answer a lot of them because he is not familiar with 

what I am talking about, so I would like to submit them as QFRs 

and hopefully get more substantive response. 

Senator ROUNDS [presiding]. Of course. 

Senator BOOKER. Thank you, sir. 

Senator ROUNDS. We are about at the end of the hearing here, 

but I just have one more question. I think Senator Carper may like 

to ask a question as well. 

I am just curious, Mr. Wright, with regards to the Superfund 

sites, and in particular, some of the Brownfields, when it comes to 

cleaning them up, coordination and cooperation with State governments and experts in their own field with any State government 

as well, can you talk a little bit about what you see as the role, 

the cooperative role between the Federal and State officials with 

regard to the cleanup and the determination of how to handle these 

Brownfields sites? 

Mr. WRIGHT. Well, I think this goes to the heart of cooperative 

federalism, really, the agencies and government kind of looking at 

all levels to work most effectively. It is critical, I believe, that, if 

you will, the right level of government, the right agency is working 

on the right kind of a problem, and at the right time. 

Of course, EPA, as an environmental agency, is clearly, far and 

away, the most sophisticated and experienced, from having cleaned 

up sites across the country, and every kind of site, so, again, it 

makes the most sense for EPA to have the lead, I believe, with respect to the most complicated, the largest sites. 

But there are many sites that are much less complicated, much 

smaller, and where maybe it makes a lot more sense for a State 

agency to be the lead agency because it doesn’t really call upon all 

of the resources of EPA. Of course, it makes sense for EPA to consult and support the State, as needed. And there are many cases, 

I believe, particularly in the Brownfields context, where it may ultimately make sense for maybe the State to be the lead agency because often the State is the arm of government that maybe is closest to the particular community and the economic needs of the 

State. 

So, I think it is really critical that those be well coordinated so 

that resources are used across the board most efficiently. 

Senator ROUNDS. Very good. Thank you, Mr. Wright. 

Senator Carper. 

Senator CARPER. Thank you, Mr. Chairman. 

Apparently at the request of political supporters, Administrator 

Pruitt has accelerated in some States Superfund cleanups and directed that EPA research dollars be used for pet projects. 

Let me just ask do each of you commit not to use your offices or 

staff to grant special favors to this Administrator’s or any Administrator’s political supporters, even if he or she directs you to do so? 

Mr. WRIGHT. I don’t expect that I will be asked that, but I would 

not deviate from the practices and the policies of the office with respect to—— 

Senator CARPER. To granting special favors? 

Mr. WRIGHT. Yes. 

64 

Senator CARPER. Even if asked to do so? 

Mr. WRIGHT. Again, I would follow the policies, practices of the 

office. 

Senator CARPER. You might want to be careful with that. Might 

want to be careful with that. 

Same question, Mr. McIntosh. 

Mr. MCINTOSH. And I will follow all the advice of our ethics officials at the EPA, as well as follow all the rules and regulations as 

I carry out my official duties. 

Senator CARPER. I would just urge you to keep in mind we have 

a prayer breakfast that meets every Wednesday morning, and usually I don’t get to come because I go back and forth to Delaware 

every night, but I came today. They asked me to be their speaker, 

which is quite an honor. The fellow who was nice enough to introduce me at the breakfast was my former fellow Governor here, and 

one of the things I sometimes talk about in gatherings like that are 

core values, and just kind of guide me in what I do with my life. 

I made every mistake in the book in my life, and you have probably 

made a few mistakes as well. But I always ask myself what is the 

right thing to do; not what is easy and expedient, but what is the 

right thing to do. 

I would urge you, if you get confirmed for these positions, that 

is a hugely important question to ask every day, what is the right 

thing to do. Not what is expedient, not what is easy; what is right. 

Second, Golden Rule, treat other people the way you want to be 

treated. That is maybe the most important rule of all. I would urge 

you to keep that close to you. 

Now, I am going to ask the same question again. Do each of you 

commit not to use your offices or staff to grant special favors to an 

Administrator’s political supporters, even if he or she directs you 

to do so? That is my question. 

Mr. Wright. 

Mr. WRIGHT. Senator, again, I don’t expect to ever be asked that, 

and I would follow any guidance from the EPA’s—— 

Senator CARPER. If you were asked by an Administrator to grant 

special favors to an Administrator’s friends or supporters, even if 

you think it is not the right thing to do, would you do that? 

Mr. WRIGHT. Again, Senator, I have no expectation that I will be 

asked that—— 

Senator CARPER. I am very disappointed in that answer, very disappointed. 

Mr. McIntosh. 

Mr. MCINTOSH. Senator, I appreciate and I share many of the 

core values you just—— 

Senator CARPER. I am not surprised. 

Mr. MCINTOSH. Again, I will treat everybody I work with, I am 

no better than them; they are no better than me. I expect the Golden Rule works pretty well in this situation. But I will be also following all the rules and regulations that are before me as I carry 

out my official duties and work closely with our ethics officials, and 

commit to doing that. 

Senator CARPER. All right. 

Mr. Wright, a question on chemical facilities and climate change, 

if I could. Flooding associated with Hurricane Harvey last year 

65 

caused the Arkema Chemical facilities in Texas to lose electricity, 

which led to several chemical fires there because there was no 

power to keep the chemicals cool. The Chemical Safety and Hazard 

Investigation Board recently released its report on this incident 

and found that flooding from Hurricane Harvey near the facility 

exceeded the 500 year flood levels and said that since 1994 the 

area near this facility had experienced three flooding experiences 

with flood levels that were greater than 100 year flood levels. This 

report recommended that chemical facilities take steps to assess 

and mitigate risk from extreme weather events like this. 

Mr. Wright, if you are confirmed, you will oversee the EPA’s Office of Emergency Management, which is charged with providing 

information about ways to help industry, government, and the public ‘‘prevent, prepare for, and respond to emergencies.’’ Do you 

agree that facilities that store chemicals should incorporate measures to prevent and respond to emergencies caused by the increased intensity and frequency of extreme weather events that we 

can expect as a result of climate change? If so, if you are confirmed, 

will you work to ensure that facilities like the Arkema facility build 

protections into their emergency response and other plans? 

Mr. WRIGHT. Yes. 

Senator CARPER. Thank you. 

Mr. WRIGHT. And I think that we need to take into account the 

learnings from any incident in planning for the future. 

Senator CARPER. All right. 

As managing counsel for Dow and now DowDuPont, you were involved in any number of site cleanups. In your experience, did the 

pace of work at any Dow site accelerate after a cut to either the 

funds or personnel that were needed to do the work? Let me say 

that again. As managing counsel for Dow and now DowDuPont, 

you have been involved in numerous site cleanups. In your experience, did the pace of work at any Dow site accelerate after a cut 

in either the funds or personnel that were needed to do the work? 

Mr. WRIGHT. Senator, I can’t recall any case where the funding 

was cut. In all cases, the company, that I can think of, met its commitments. 

Senator CARPER. All right. 

Last, a question, if I can, for Mr. McIntosh. The office for which 

you have been nominated supports the government to government 

relationship between the EPA and tribal governments. Can you explain for our Committee what you understand is the Federal Government’s responsibility toward Native Americans and tribal communities, which would be under your purview if you are the leader 

of this entity? 

Mr. MCINTOSH. My experience and training is going to allow me 

to provide very strong support to the Tribes and become an advocate for their issues. Two things. Some Tribes have their own agencies, and with my experience with State government and with Ford 

and internationally, I will be able to help those Tribes ensure that 

their agencies are adequately resourced, as well as having the technical wherewithal to carry out their environmental responsibilities 

or their lands. And for the tribal lands that actually don’t have a 

tribal agency, among my experience, I have managed a large governmental agency; I will be able to provide good coordination with 

66 

the EPA and the States as they carry out the environmental implementation of the environmental laws on the tribal lands without 

their agencies. 

Senator CARPER. All right, thanks. 

Mr. Chairman, could I make two unanimous consent requests, 

please? 

Senator BARRASSO [presiding]. Without objection. 

Senator CARPER. One of them is I would like to ask unanimous 

consent to submit for the record several reports about the Administrator’s alleged unethical behavior over his tenure as the EPA Administrator. I would also like to submit a copy of a letter opposing 

Mr. Wright’s nomination from a number of environmental organizations. 

Senator BARRASSO. Without objection. 

Senator CARPER. Thank you. 

[The referenced information follows:] 

67 


34698.040

Scot\ Pruin enlisted an EPA aide to help his wife find a job- with Chick.·tii·A ·The Wa..-Jlington t)ost 

secttoes \l::l)c \\Ju51Jington flo!il I 

Health & Science 

By Juliet Eilperin, BnJdy Dennis and Josh D«wsey F.:mailtheauthm 

Three months after Scott Pmitt was sworn in as head of the Environmental Protection Agency", his scheduler 

emailed Dan Cathy, chief executive of the fast-food compauy Chick-fil-A, Ylith an unusual request: Would Cathy 

meet with Pmitt to discuss"<~ pt)lt'nti,l} lm~itw~:-; npp ... wtunity"? 

A call was arranged, then can<..-eled, and Pruitt eventually spoke \\'ith someone from the company's legal 

department. Only then did he reveal that the "opportunity"' on his mind was ajoh for his wife, Marlyn. 

"The subject of that phone call was an expression of interest in his wife becoming a Chick-fil-A franchisee,'' 

https:fi\\·ww.washinglonpo.<>t.com/. .. -chick·fil·af2018/06!05!b791k4e4-5eac-11 e8-'ke3-49d6d4814c4c_story.html?utm_lentF".ea5edc7b 7b95(6118/2018 11 :07: II AM] 
68 


34698.041

Scott Prullt enlisted W1 EPA .aide to help his wi!C lind a job·~ with Chlcl<..~fil-A ·The Washington Post 

company representative Carrie Kurlander told The Washington Post via email. 

Marlyn Pruitt never opened a restaurant." Administrator Pruitt's Ylife started, but did not cvmplete, the Chick-filA franchisee application," Kurlander said. But the revelation that Pruitt used his official position and EPA staff to 

try to line up work for his wife appears to open a new chapter in the ongoing saga of hi:-; questionable spending 

and management decisions, which so far have spawned a dozen federal probes. 

Pruitt's efforts on his wife's behalf- revealed in e1nails recently released under a Freedom of Information Act 

request by the Sierra Club- did not end with Chick-fil-A He also approached the chief executive of Concordia, a 

New York nonprofit. The executive, Matthew A. Swift, said he ultimately paid Marlyn Pruitt $2,000 plus travel 

expenses to help with logistics for the group's annual conference in September. 

Current and former EPA aides, speaking on the condition of anonymity to describe private conversations, said 

Scott Pruitt told them he was eager for his wife to start rt•ceh .. ing a salary, Two said the administrator was 

frustrated in pa1t by the high co~t of maintaining homes in both Washington and Oklahoma. 

EPA spokesman .Jahan Wilcox declined to comment on Pmitt's ove1tures to Concordia and Chick-fil-A on his 

wife's behalf. 

Federal ethics laws bar public officials from using their position or staff for private gain. A Cabinet-level official 

using his perch to contact a company CEO about a job for his wife "raise._<; the specter of misuse of public office," 

said Don Fox, who was head of the federal Office of Government Ethics during the Obama administration. "Irs 

not much different [from] if he [had] asked the aide to facilitate getting a franchise for himself." 

Asking a government schedult~r, Sydney Hupp, to plan the meeting also marks a violation of federal rules barring 

officials from asking subordinates to perform personal tasks. Fox said. "It is a misul'!c of the aide's time to ask the 

aide to do something like this that is really for personal financial benefit.'' 

Hupp left the EPA last year; she did not respond to a request for comment. 

Hupp \vas not the only EPAcmp1oyee enlisted to perform nonofficial task<>. Last month, Pruitt a('knowledged that 

Hupp's sister, Millan, h~._~!twd fur hntLSll1} .. \ She later told congressional staffers that she 

made inquiries at the Trump International Hotel about 

payroll. 

muttr{':-,;, while she wus on the EPA 

hllps: ,,\w\\.\\'<lShingtonp():Stc(Jm! ... -chick~lil-a!201 &i06105!b798c4e4~5eac-Jie8~9~·d-49d&J-1814r-lc_story.htm!?utm _ temF .ca5cJc7b7t>95{6i I S/2018 11:07: II Al\.1] 
69 


34698.042

Scott Pruitt enlisted an EPA aide to help his wife find a job-with Chick·fii·A· The Washington Post 

The Georgia-based Chick-fil-A receives about 40,000 "expressions of interest" each year from people hoping to 

operate one of its restaurants, Kurlander said. 

"The process of becoming a franchisee is very thorough and results in approximately too people being selected 

each year," she wrote. "We are very proud ofthe fact that those who are selected demonstrate the leadership 

ability and business acumen needed to own and operate Chick-fil-A restaurants." 

Pruitt's expression of interest began May 16, 2017, according to the released emails, when Sydney Hupp emailed 

Cathy that her boss "asked me to reach out to you and see if you might he willing to get a time set up for the two of 

you to have a meeting." 

Cathy, who has championed socially consexvative causes and had met Pruitt during his tenure as Oklahoma 

attorney general, replied within an hour, connecting Hupp with one of his own aides, Evan Karanovich. 

Karanovich asked whether "an initial phone call would be sufficient" and inquired what the EPA chief wanted to 

talk about. "The Administrator did not mention a specific topic, but I will touch base with him to see if there is 

one," Hupp replied. 

The h-vo sides arranged a conference call for ,June 23, with Cathy scheduled to be joined by a senior attorney in his 

legal department. That call did not happen, company officials said, adding that "a call took place later between 

Administrator Pruitt and a Chick-fil-A staff member." 

The effort ultimately did not lead to a franchise for Marlyn Pruitt. Kurlander noted that "Mrs. Pruitt is not and 

has never been a Chick-fil-A franchisee." 

Around the same time, Scott Pmitt contacted Swift, CEO of Concordia, a nonprofit that brings together leaders 

from the private and public sectors. Pruitt asked Swift to call Marlyn Pruitt, Swift said in an email, which he did. 

"We discussed her interest in event planning for nonprofits and events that take place in Washington," Swift said. 

"Mrs. Pruitt was interested in meeting people in the nonprofit sector, and I offered to introduce her to some of 

Concordia's attendees based in Washington and for her to become involved with Concordia's event<;." 

Swift's group had inYited Scott Pruitt to SpE'ak at its 2017 conference in Manhattan, the same event where Marlyn 

Pruitt wa..o;; paid $2,000 for three days' work. At the event, Scott Pruitt was accompanied by at least three aides. 

EPA travel records show his first-class plane ticket cost $1,201.80, and his overnight stay came to $669. 

"Neither Mr. nor Mrs. Pruitt ever solicited a position for Mrs. Pruitt at Concordia, nor was it a condition of the 

agreement for the administrator to speak," Swift said. 

The Pruitts' focus on augmenting their household income appears to have come after the administrator moved to 

Washington and began paying for two full-time residences. The EPA chief attracted widespread criticism for 

renting a $50-a-night condo from a Washington lobbyist in the early months of his tenure. Since then, his 

https://\\'WW. washingtonpost.com/, .. --chick- fil-al2018/06/051b798e4e4~ 5eac·1l e8-9ec3 -49d6d4814c4c _story .html?utm _ tenn=.ea5edc7b 7b95[ 6/1812018 11 :07: 11 AMl 
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Scott Pruitt enlisted an EPA aide to help his wife find a job- with Chick~fii-A ~The Washington Post 

housing costs appear to have increased substantially. 

According to public records, Pruitt and his wife hold an $8so,ooo mortgage on their home in an upscale Tulsa 

neighborhood, requiring monthly payments of approximately $5,500 - induding $17,793 in property taxes the 

couple paid last year. The mortgage has an adjustable rate, records show, so those payments eventually could rise. 

In addition, the Pruitts lease an apartment in a modern development on Capitol Hill where one-bedroom units 

start at around $3,000 per month. 

AB EPA head, Pruitt makes $189,600 a year, according to federal records. In a federal financial form filed after he 

was nominated to lead the agency, Pruitt listed his only income as his attorney general's salary, about $133,000 

per year. 

Under the entry for spouse's income and retirement accounts, he wrote, "None." 

Pruitt's most recent financial disclosure was due in May, but like many Trump administration officials, he has 

requested a filing extension. 

Alice Crites and Andrew Ba Tran contributed to this report. 

Read more 

Demoerats question if Pruitt's aide house hunh'd for him 'on personal time· 

Pruitt aide hunted for u~ed hotel mattres~. hooked personal trips on his behDlf 

Amid l'thics scrutiny, Pruitt finds his regulatory rollhad:s also hitting: humps 

Juliet Eilperin is The Washington Post's senior national affairs correspondent, covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She is the author of two books- one on sharks and another on Congress, not to be confused 

with each other- and has worked for The Post since 1998. Follow @eilperin 

Brady Dennis is a national reporter for The Washington Post, focusing on the environment and 

public health issues. He previously spent years covering the nation's economy. Dennis was a 

finalist for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow @brady_dennis 

Josh Dawsey is a White House reporter for The Washington Post. He joined the paper in 2017. 

He previously covered the White House for Politico, and New York City Hall and New Jersey Gov. 

Chris Christie for the Wall Street Journal. Follow @jdawsey1 

Most Read 

1 

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EP/\ chief Sc-OU Pruitt tapped aide. donors to help wife land job at conservative group· The Washinglon Post 

Health & Science 

EP:\ dt.it'"f SroU Prnill tappt-d aidf>, donors to lwlp wift' land job nt t•onl"t"M'tttiw group 

By Juliot Eilperin, Josh Dawsey, Bmdy Dennis and SMwn Boburg Ernul! the <lU!hor 

Environmental Protection Agency chief Scott P111itt last year had a top aide help contact Republican donors who 

might offer his wife a job, eventually securing her a position at a conservative political group that has backed him 

for years, according to multiple individuals familiar with the matter. 

The job hunt included Pmitt's approaching wealthy pa11y supporters and conservative figures with tics to the 

Trump administration. The individuals said he enlisted Samantha Dravis, then serving as associate administrator 

for the EPA's Office of Policy, to line up work for his wife. 

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H'A duL'fScott Pruitt tapped aide. donor:. to hdp ""ife land job at con~cf'\oiltivc g.roup • Tllc Wa;;.hington Po;;.t 

And when one donor, Doug Deason, said he could not hire Marlyn Pruitt because of a conflict of interest, Pruitt 

continued to solicit his help in tcying to find other possibilities. 

A spokesman for the .lw!\dal ~et \\Ork confirmed Tuesday that it employed the onetime school nurse 

"temporarily as an independent contractor, .. but it did not disclose via email how long she worked there or what 

she was paid. The spokesman said the position came about after the group received her resume from 

L<'o, executive vice president of the Federalist Society. TI1e two organizations have financial ties. 

Leo is a prominent Pruitt backer and irivnd v,·ho was invoh·ed in lnr the administrator's 

visit to Italy last year. Taxpayers spent rn(ln' !lJ,ln ::;11H l,tHHl on the trip. which inclnded private tours of the 

Vatican and meals at some of Rome's finest restaurants. 

Marlyn Pruitt left the JCN earlier this year, the spokesman said, adding that the group was pleased with her work 

But the search and hiring raises more ethics questions about Seott Pruitt's use of EPA staff as ·well as his contads 

\\ith GOP contrihutors and outside allies for his personal benefit. Federal ethic.<;; rules prohibit public officials 

from using their posts for private gain or r~ceiving frre serviees or other gifts from their subordinates. 

Virginia Canter, executive branch ethics (:ounsel for 

the public watdtdog group Citi'l.ens for 

Responsibility and Ethic..;;; in \Vashington, said in an 

lntenri.ew that Pn1itt's having a full-time EPA 

employee "become the headhunter for his spouse" 

was "highly inappropriate" since the outcome of the 

seareh "would affect his financial interests," 

"It's above and beyond anything I'm aware of, with respect to any government employee," she said, with the fact 

that Lro accompanied Pruitt on the trip to Italy making the situation even more problematic. 

Asked about the matter Tuesday, EPA spokesman Jahan Wilcox said in a statement, "I would refer you to outside 

counsel." 

Pruitt's outside counsel, Cleta Mitchell- a political~law attorney at Foley & Lardner LLP, who also helped 

establish Pruitt's legal defense fund- did not respond to requests for comment Tuesday. Marlyn Pruitt nlso did 

not respond to a request for comment 

The administrator already faces a dozen federal inquiries into his "Jl~'ndill;;.; a:\d dl',+.illf\'- at the 

agen<~y, including his first-class travels, a $50-a~night condo rental from a lobbyist and the installation of a 

$43,000 soundproof phone booth in his office. At no point did he consult with EPA ethics officials about his 

months-long effm1s to get his wife a job, current and former agency officials said. 

In several instance..<;; over the past 15 months, according to the individuals familiar '"'ith his overtures, Pruitt 

approached corporate executives and prominent Republicans whom he had met either while serving as Oklahoma 

attorney general or after joining President Tntmp's Cabinet. 

In 2017, for example, he approached Deason on whether the Dallas-based investor would be able to hire Marlyn 

Pruitt. A hiu_;:,1·aph;. for Deasou, who is president of his family's husiness, Deason Capital Services, notes that the 

firm has ''a substantial holding in oil and gas operating company Foreland Resources, LLC. '' 

Deason told official:-::- including Dravis and Mitchell -that he could not hire Pmitt because his company has 

financial dealings in areas regulated by the agenty. He agreed to brainstorm other possibilities for her, he said 

Tuesday, consulting with both women about potential jobs. Deason said Dravis eventually deferred his questions 

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I·I'A chief Scott Pruitt taprcd aide. donor.> to help \\ife hmd joh at conservative group· The Washington Post 

to MitchelL 

"I couldn't find anything that made sense, that wasn't some kind of conflict," he said. ''I'd get a list of names, and 

say, 'Here are some people, here's what they do,' and it didn't take long before it was pretty obvious that I was not 

going to be able to help." 

Dravis, who has left the EPA and declined to comment, complained to friends at the time that she felt 

uncomfortahle tapping Pntitfs extensive political network and her own to find a new source of income for his 

family. "He pressured her," one friend recalled, speaking on the condition of anonymity to discuss private 

conversations. 

Marlyn Pruitt worked as a school nurse in the early 1990s before focusing on raising the couple's two children, 

according to Oklahoma state records and interviews with several current and former n·ump administration 

officials. 

She and her husband have a residence in Tulsa and one in Washington, and he told EPA aides last spring that he 

needed more money to maintain both. Current and former employees, who spoke on the condition of anonymity 

out of fear of retaliation, said the administrator em harked on a concerted campaign to line up employment 

opportunities for her. 

In May 2017, The Washington Post reported ln:>t wel•k, he instructed one of his schedulers to contact executives at 

the restaurant chain Chick-fil-A about a franchise for Marlyn. That same month, he introduced her to the chief 

executive of the New York City-based nonprofit Concordia, whicl1 later paid her $2,000 for work on a conference 

that Pruitt ;ahln'S"\'{l ill 

The EPA declined to comment for that Post report. 

The ,Judicial Crisis Network, which histmically has pushed for the appointment of conservative judges, has given 

millions of dollars in recent years to groups associated with Pruitt, according to IRS filings. Starting in 2013, 

when he was chairman of the Repuhlican Attorney-s C':reneral Association, the .JCN gave the organization 

$2.445,000 over three years. It donated $88s,ooo in the same pe1iod to the Rule of Law Defense Fund, an 

offshoot group Pmitt launched that describes itself as a "public policy organization for issues relevant to the 

nation's Republican attorneys general." 

In 2016, records show, one of Pruitt's Oklahoma-based PACs, Liberty 2.0, received $25,000 from the ,JCN. The 

attorneys general organization got $1.3 miHion that year. 

Asked about its financial support of Pruitt and organizations that he led, the JCN's spokesman said they were 

"among the most active defenders of the rule of law and limited constitutional government. ... Pruitt was among 

the AGs who shared those principles and beliefs." 

The group took in $25.6 million in donations in the fiscal year that ended .June 2017, iL"> mo:-.t t;t~ flling 

It reported having no employees or volunteers but paid mHlions to ouL-,ide contractors for polling, 

consulting, advertising and puhlic relations. It is not required to disclose conttibutors. 

Its spokesman said Marlyn Pruitt's work was related to setting up new offices. "She has great organizational skills, 

and she was retaint..'<l by .JCN at a time when the organi1.ation needed those skills," he said. 

Pruitt also has been a reliable booster for the Federalist Society in recent years, interacting \'lith it during his time 

as Ok1o.homa attorney general and speaking at events from Washington, D.C., to California. 

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(;PA chief Scott Pruitt tapped aide. donors to hdp w1fe land job at conser.ali\e group· The Washington Post 

A..; EPA administrator, Pruitt has continued to be a presence at Federalist gatherings, speaking on occasion and 

meeting with top officials, his public schedule shows. 

During his second month on the job, he talked to a Federalist gathering at Tony Cheng's Restaurant in the 

District's Chinato\'IU. Last September, he addressed a New York chapter of the Federalist Society. In Februaty, he 

flew to f·1orida as the keynote speaker for a Federalist gathering at a Disney yacht club. 

But while Leo proved helpful in connecting Marlyn Pruitt with the Judidal Crisis Network·- it has an office in tht• 

same building as the Federalist Society on I Street I\iW in the District- not all of Scott Pruitt's efforts to line up 

work for his v.ife succeeded. 

Deason's assistance ultimately fell short. The investor remained in touch with the administrator, however. 

According to emails recently released under the Freedom of Infonnation Act, Deason em ailed Pruitt and his chief 

of staff, Ryan Jackson, on multiple issues la<>t year. In October, he seeurt"<< Pruitt for the ru.ldn':...' at a D.C. 

gathering of the Texas Public Policy Foundation, a conservative think tank on whose board Deason sits. 

Deason said he continues to back Pruitt and his deregulatory agenda. "The president is supporting him, and I'm 

100 percent convinced he is going to continue to support him," Deason said. 

In his federal financial disclosure form last year, Pruitt wrote "none'' in an t~ntryfor spouse's income. He 

requested an extension on this year's disclosure form, which was due in May. 

Pressed Just week about his wife's pursuit of work since he joined the Trump administration. Ptuitt 

"Look, my wife is an entrepreneur herself." 

Marl;11 Pruitt, 52, had little earnings in the years before she and her husband moved to \Vashingtou. As 

Oklahoma attorney general, Ptuitt certified on ethics forms that she had no income a bow Ss.ooo in 2014 and 

2015- the threshold for disclosure. 

State forms from earlier years do not ~pel'ifically ask about a spouse's income. But other reeords show her 

previous employment and salary. 

From 1991 to 1995, payroll records show, Marlyn Pruitt \VOrked a.s a puhlic school nurse in .Jenks, a suhurb of 

Tulsa, earning between $18,300 and $23,911 annually. A rC::>ulllr'' she submitted to the school district shows she 

was certified in neonatal advanced life support and was a registered nurse in Oklahoma and Kentucky. It also 

identified ber as a preschool Sunday school teacher. 

Her nur;,mg litT\\SF;, expired in 1996, records show,just as Scott Pruitt was building a small legal practice in Tulsa 

focused on defending Christians in religious liberty ca~cs. 

Marlyn Pruitt kept a }ow profile in Oklahoma as her husband's political career took off. She appears to have 

launched a company of her own last June. 

MP Strategies, LLC was incorporated in Oklahoma, though public records provide a few dues that the Pruitts arc 

tied to the firm. (Scott Pruitt has declined to discuss the company.) The person named on incorporation 

documents is a lawyer at a Tulsa firm co-owned by Kenneth Wagner, a law school friend whom Pruitt brought 

into the EPA. 

Yet the firm lists its business address as the Pruitts' home in Tulsa. And do( l'1it·nb ""ith the state show the 

company email address contains Marlyn Pruitt's name. Concordia CEO Matthew Swift confirmed in an email 

~·londay that his group paid her for last year's logistks work through MP Strategies. 

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NON PIENO 

Scott Pruitt's Rome Trip: More Time on Tourism Than Official 

Business The EPA Chief dined \Ye1l ,.,·hi1e in Italy. including at one ofRomt•'s "finest 

hotd~. 

lACHLAN MARKAY, SAM STEIN 05.07.1B 1;50. PM ET 

o e 

< HOMEPAGE 
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On the second night of a jaunt through Rome, EPA Administrator Scott Pruitt blocked off two 

hours of his schedule to have a private dinner with top aides. For the destination, the group 

chose Hotel Eden, an ostentatious spot in the heart of the city known for having the best 

rooftop bar in Rome. 

It's the type of place where the wealthy mingle, and where diplomats and businessmen gather 

to share stories and, occasionally, talk business. The main restaurant in the five star hotel, La 

Terrazza, advertises its "fine dining experience with equally spectacular views." The cheapest 

option on its ala carte menu runs at 130 Euros per person; the most expensive option (which 

came with a wine pairing) ran at 280 Euros. Pruitt dined with two others that night: Ryan 

Jackson, his chief of staff, and Samantha Dravis, his former top aide who has since left the 

EPA 

La Terrazza at Hotel Eden 

<HOME PAGE 
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34698.050

The stop at Hotel Eden was just one, ~o-h,our window on a two-day swi~g through Rome. 

But for Pruitt's critics, it, and the trip in general, is emblematic of a cabinet official who has 

spent lavishly on himself while living off the taxpayer dime; a proclivity that extends to a 

taste jn fine restaurants in Washington D.C. as well. The total cost of the Italy trip, which 

included an swing to Bologna to meet with environmental ministers, ran.._$..J..6.Q,QQ.Q., 

according to previously reported EPA documents. 

Pruitt defended that price tag by stressing that he was taking "very important meetings" 

along the way. He called the h;p "an obligation" and said he was "a little bit dumbfounded by 

the kind of media narrative that these things are somehow not the focus." His aides point out 

that the administrator and each of his staffers are given per-diems when traveling abroad, 

and that any expenses exceeding them are paid out of pocket, not billed to taxpayers (though 

much of the costs Pruitt ran up related to the massive security detail he used while abroad). 

ADVERflS!NG 

i'\Read invented by 

But the specific details of Pruitt's trip, which were published on Monday as part of a massive 

trove of documents obtained by the environmental group Sierra Club, show that official work 

events made up a relatively smaH portion of his time in Rome. 

In all, Pmitt held four work events over the course of just under 48·hours in the city. They 

included a meeting with Kelly Degnan, the U.S. Mission Italy's Deputy Chief of Mission; a 

roundtable of business leaders to discuss environmental innovation, a meeting with the 

Vatican's ministry offoreign affairs; and a judicial roundtable on environmental law. 

All told, those four work-related events took up four hours of Pruitt's time, according to his 

schedule. 

RELATED IN POLITICS 

<HOMEPAGE 
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Climinal InYestigation 

into SC'ott Pruitt 

Fetch His Snar:'ks and 

Sweets 

Pmitt a Meeting With 

NatGco Ex:N.~ 

By contrast, Pruitt had three private, non-work related meals, including his stop at Hate) 

Eden, which took up 5·5 hours of his schedule. He also took a private tour ofthe Vatican 

Library, a private tour of the Scavi, and a private tour of the Apostolic Palace, which took up 

3.5 hours of his schedule. 

Pruitt also had a private mass at the Vatican, which was reportedly arranged for him Leonard 

Leo, the head of the conservative Federalist Society 

EPA spokesman Jahan Wilcox defended the trip on Monday, noting that it was comparable 

in activity and expense to previous junkets taken by Pruitt's predecessors in the Ohama 

administration. 

Wilcox provided documentation showing that Gina McCarthy, Obama's second EPA 

administrator, spent about $71,000 on a trip to Italy and the Vatican, and brought eleven 

staff members with her. Pruitt's trip, on which he wa<; joined by ten staff members, cost about 

$t2o,ooo, though Wilcox noted that that sum included a chartered military jet from 

Cincinnati to New York, where Pmitt boarded a flight to Italy. That chat1ercd flight cost 

about $36,ooo, according to an ABC News reuw:t. 

Sierra Club Executive Director Michael Brune on Monday, noted that the group had to take 

Pruitt to court in order to get a copy of his schedule. 

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"These documents expose a deeply rooted culture of corruption sunounding Scott Pruitt and 

his dealings in essentially every aspect of his job," said Brune. "Scott Pruitt doesn't live in the 

swamp-- he is the swamp-- and he should resign, or be fired immediately." 

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A Lobbyi$t Helped Scott Pruitt Phm a Morocco Trip. "llten Morocco Hired the Lohbyist. ·The New York Times 

D 

A Lobbyist Helped Scott Pruitt Plan a 

Morocco Trip. Then Morocco Hired the 

Lobbyist. 

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D 
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A Lobbyist Helped Soott Pruitt Plan a Morocco Trip. Then Morocco Hired the Lobbyist. - The New York Times 

D 

WASHINGTON Scott Pruitt, the head ofthe Environmental Protection 

Agency, allowed a lobbyist friend to play an unnsually influential role in setting 

his agenda during a visit in December to Morocco, according to internal 

communications related to the scheduling of meetings reviewed by The New 

York Times. 

Just months after helping to organize the trip, the lobbyist, Richard Smotkin, 

was hired by the government of Morocco as a $40,000-a-month foreign agent, 

a=dil.lR1lliilings with the Department of Justice. Mr. Smotkin participated in 

several meetings with Mr. Pruitt in Morocco, including with representatives 

from some industries, according to participants on the trip. 

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i\ Lof:,byist Helped Scott Pmitt Plan a Morocco Trip. Then Morocco Hired the Lobhyist. ~The New York Times 

Mr. Smotkin had worked as a lobbyist for Comcast when he first came to know 

Mr. Pruitt in Oklahoma, where Mr. Pruitt served as attorney general before 

joining the Trump administration. 

Mr. Pruitt is facing at least 11 investigations examining his first-class travel, pay 

raises given to his staff, money spent on security and office furnishings, and 

frequent trips he took to his home in Oklahoma after he was confirmed, at 

taxpayer expense. 

Members of Congress had questioned whether there was a legitimate 

government reason for Mr. Pruitt to travel to Morocco and also questioned the 

cost of the trip. Moreover, the swiftness with which Mr. Smotkin then received 

the Morocco contract raises questions about whether the trip helped Mr. 

Smotkin secure the deal. 

"It makes it almost look like it was part of a business cultivation effort,'' said 

Meredith McGehee, executive director of IssueOne, a nonprofit government 

ethics group. 

Mr. Smotkin, who has not publicly disclosed his role in planning the Morocco 

trip, did not respond to requests for comment. There is no evidence that he has 

business before the E.P.A. 

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A Lobbyist Helped Scott Pruitt Plan a Morocco Trip. Then Morocco Hired the Lobbyist.~ The New York Times 

Leonard Leo helped llttilitate :Hr. Pndtfs Rome trir ;mdjoilwd him lh('rc for a private \lass at the \'ntican 

ami alan cxpcnsivt> restaurant for dhwN. 

Jahan Wilcox, an E.P.A spokesman, did not dispute that Mr. Smotkin 

participated in the Morocco trip, or some ofthe meetings that involved Mr. 

Pruitt. But he said that the visit was organized by agency staff members. 

"EPA's Office of International and Tribal Affairs organized and led the effort 

around Administrator Pruitt's official meetings with the Moroccan 

government," Mr. Wilcox said in a statement Tuesday. "Additionally, Mr. 

Smotkin did not attend or participate in any official meetings with the 

Moroccan government." 

Mr. Pruitt last week faced pointed questions from two congressional oversight 

committees about his spending and management of the E.P.A., with some 

lawmakers demanding additional information about his travel and security 

spending. Mr. Pruitt has often flown on first-class flights, with the airfare alone 

to Morocco costing more than $16,ooo. 

On Tuesday, two of his top aides, including his head of his security detail, 

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A Lohhyistllelped Scott Pruitt Plan a Morocco Trip. Then Morocco Hired the Lobbyist.~ The New York Times 

resigned. 

Mr. Pruitt has also faced questions about why he focused on the trip on 

promoting liquefied natural gas exp011s, an issue that is not part of the E.P.A.'s 

mission. Mr. Pruitt testified that the Moroccan ambassador invited him to the 

country to negotiate the environment p()l1ion of a free-trade agreement. He said 

the ambassador, Lalla .J oumala, asked him to raise the issue ofliquefied natural 

gas when he was in Morocco. 

In April, Mr. Smotkin signed the lobbying contract with the embassy of 

Morocco to "craft an outreach program" that includes promoting Morocco as a 

film destination, with the start date of this contract backdated to .January. His 

connection to Mr. Pruitt's Morocco trip was first reported over the weekend in 

Le Desk, a Moroccan news outlet, and on Tuesday in The Washington Post. 

During his time in Oklahoma, Mr. Pruitt and Mr. Smotkin developed a 

friendship as they repeatedly met up at resort destinations, including at an elite 

mountainside lodge in Park City, Utah, and the Broad moor hotel in Colorado 

Springs for meetings of Republican attorneys general, attendance lists of the 

events show. 

"lie has a good relationship l•ith Scott Pruitt," said Walter Cohen, the former 

Pennsylvania attorney general, who hns also worked as a lawyer for Comcast, 

and who was present at several ofthe social and campaign-fund-raising events. 

"Some of these meetings we would go out to have dinner with Scott and his wife 

and Rick and a couple of other people." 

Mr. Smotkin told Mr. Cohen, among others interviewed by The Times, that he 

had played a role in helping set up the Morocco trip. Mr. Smotkin has been 

visiting Morocco on behalf of Com cast for several years, working to help 

promote the northern African nation as a site for film productions for Comcast 

and its subsidiaries, NBCUniversal..<mtLnthcx:lilnLCDlllPlUUCs. 

Mr. Smotkin organized several of the meetings Mr. Pruitt held in Marrakesh 

and Rabat, according to people familiar with the arrangements. Among the 

meetings was a Dec. 12 discussion with Mostafa Terrab, the chairman of 

Morocco's state-owned phosphate mining company, OCP Group, which Mr. 

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A Lohhyi:;t Hdpcd Scott Pruitt Plan a Moroc~o;o Trip, Then fv1orocco UircJ the Lobhybt. ~TheN~\' York Times 

Smotkin attended. Mr. Pruitt during the trip stayed at the luxmy Hr)tel Sofitcl 

:'>1arrakeeh. one agency official on the trip said. 

The day after the meeting, Mr. Smotkin attended a conference sponsored by the 

OCP Policy Center, a think tank funded by the phosphate giant. 

A representative for OCP, which originally stood for Office Cherifien des 

Phosphates, did not respond to a request for comment. 

Maria Bensaid, a spokeswoman for the Moroccan Embassy, said in a statement 

that the embassy issued the invitation to Mr. Pruitt "to further our partnership 

and deepen certain sectors of cooperation." She said all working visits there 

were organized through official diplomatic channels. 

Mr. Smotkin was among the Com cast executives who made a contribution in 

201:l to Mr. Pruitt as he prepared to nm for a second term as attorney general. 

During Mr. Pruitt's tenure in Oklahoma, Mr. Smotkinjoincd with other movie 

industry executives to reach out to Mr. Pruitt's office, emails show, to seek help 

in urging an investigation into Googk, which NBCUniversal and other 

companies believed was not doing enough to combat the illegal distribution of 

bootlegged films on the internet. 

Mr. Smotkin, who had been llil.lciLi.!.~illbllJ.kiLruJJllli:lJll.LbrlllllLuH.:mm:a;;tiu 

Canada. had also played a role in setting up a between Mr. 

Pruitt and Stephen .J. Harper, the former prime minister of Canada, who, like 

Mr. Pruitt, is a known climate change skeptic. 

A spokeswoman for Com cast said that Mr. Smotkinlcft the company last .July 

and that Com cast was not involved in the Morocco trip. 

On Mr. Pruitt's other foreign trip as E.P.A. administrator to Italy in .June 

he also granted unusual access to a friend, Leonard A. Leo, who heads a 

conservative judicial group, the Federalist Society, according to three people 

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A I ohbyist Hel,.,ed Scott Pruitt Plan a Morocco Trip. Then Moro~.co Hired the Lobbyist~ The New York Times 

involved in that trip. Mr. Leo was involved in some aspects of planning the trip 

and also joined Mr. Pruitt during a visit to the Vatican for a private Mass. 

1\vo people involved in the travel arrangements said Mr. Leo's involvement was 

unusual because outside personnel do not typically help plan international trips 

for E.P.A. administrators and because his name was not listed on any publicly 

released documents. 

Like Mr. Smotkin, Mr. Leo has enjoyed privileged status at the E.P.A., according 

to a former agency official, who said that requests made by them were treated as 

a priority. If either called Mr. Pruitt"s office ''and asked for something, we did it, 

it doesn't matter what it was," said the former official, who requested 

anonymity for fear of running afoul of Mr. Leo, who is powerful among 

conservatives in Washington. 

The relationship between Mr. Leo and Mr. Pruitt stems from their involvement 

in conservative legal fights at the state level. 

In Oklahoma, Mr. Pruitt led the way in legal challenges brought by Republicanled states to Obama administration policies. He also was active in nonprofit 

groups that sought to spur such fights, including the Republican Attorneys 

General Association and the Rule of Law Defense Fund. Mr. Pruitt helped 

create the Rule of Law Defense Fund to assist conservatives who then were 

using the federal court system to try to block President llarack Ohama's 

environmental efforts, such as the Clean Power Plan. 

Mr. Leo, email records from Mr. Pruitt's Oklahoma office show, joined with Mr. 

Pruitt to help coordinate some of these efforts, and to raise money for them. 

l'ruitt during bc,l with 

For example, in 2(Jl:cl, Devon Energy, an Oklahoma-based oil and gas company 

that had close ties to Mr. Pruitt, organized a meeting between Mr. Pruitt, Mr. 

Leo and a coal industry lawyer, P:mLl.\:1.5clt>'· to create a "clearinghouse" that 

would be named the Center for Energy Independence and "assist AGs in 

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A Lohb) i;;;t Helped S(._-ott J>ruitt Plan a Morocw Trip. Then Morocco Hired the Lobbyist.· The New York Times 

addressing federalism issues," referring to state attorneys general, emails 

obtained from Mr. Pruitt's Oklahoma otl1ce show. 

Mr. Pruitt's chief of staff at the time emailed Devon Energy, saying that "this 

will he an amazing resource for the AGs and t(Jr industiy.'' 

Mr. Leo was a director of a nonprofit group called the Rule of Law Project that 

donated $145,000 to the Rule of Law Defense Fund in 2014. 

Mr. Leo, at the time Mr. Pruitt served as attorney general, also helped introduce 

Mr. Pruitt to other key conservatives in Washington, induding inviting l\lr. 

Pruitt to a private dinner that included the Supn•me Court .Justices Anton in 

Scalia and Clarence Thomas, Mr. Pruitt said in a 

Mr. Leo- an observant Catholic who has played a major role in recommending 

anti-abottion, anti-regulation ,irulli.:tlLllill11iJll:s.:;:;Jm:l'J:J.:5i<knt_InmlP 

accompanied Mr. Pruitt to a private Mass at the Vatican that Mr. Leo helped 

arrange, according to agency officials who traveled to Rome with Mr. Pruitt. 

"He was driving most of the schedule," one former E.P.A. official said of Mr. 

Leo. 

Mr. Leo also joined Mr. Pruitt and his top aides at a top restaurant in Rome, 

where the bill for the meal totaled several hundred dollars per participant, 

according to one of the officials. The o!Iicial said that Mr. Leo traveled with :vir. 

Pruitt in his motorcade to the Vatican and to the restaurant over the objections 

of :\1r. Pruitt's aides, according to the official. 

Since becoming E.P.A. administrator, Mr. Pruitt has attended events held by 

the Federalist Society, where he is regarded as the deregulatory champion of the 

moment.Major donors to the J:\:dJ,;ntli:;L:::!m:iekr include the Charles G. Koch 

Charitable Foundation, David H. Koch, Koch Industries and the Chevron 

Corporation. 

Government ethics otl1cials said that at a minimum, Mr. I'm itt's calendar an 

official government document that has been released after Freedom of 

Information requests by The Times should have included details related to 

the role that Mr. Leo and Mr. Smotkin played in these trips, or their presence as 

https;i ,\\ \\'\\ .oytimi)S.CI)J0/20 18/05/0 I /usipruiU-cp<Hdps-lobbyisL'>.hlml( tJfl&/2018 1 t :25:06 AM J 
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·\ Lohh)ist Helped Scott Pruitt Plan a Moroc<-'O Trip. Then Morocco Hired th.c Lohbyist. w The Nev.· York Times 

<WI~ION 

ARTS 

LI\'ISG 

part of the delegation. Neither is mentioned. 

"With transparency comes accountahility," said Ms. McGehee of IssueOne, the 

nonprofit government ethics group. 

Correction: 

An earlier ve•·sion c"l u picture caption with this m·ticle misidentified tl1e title of 

Aziz Rabball. He is Morocco's minister q{ energy, not tmnsportation. 

D 

LISTIW:S & MORE 

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D.C. consultant and former lobbyist helped arrange Scott Pruitt's canceled trip to Australia, records show~ The Washington Post 

sectwns (!;be \U!Hll}ington fJost I \ !jill( ! i{ II 

Energy and Environment 

D.C. consultant and fonner lobbyist hci)U":d arrange SL'Ott Pruitfs c.nnceled trip to Austruliu, l'et'ords show 

By Brady Dennis and Juliet Ellperin Email the author 

E.nvironrn~'>nlul Protection Agency Adrnlnis.trator Scott Pruitt testitie-> on Capitol Hill lfl late ApriL tpc1b!o i\o1;1rtin07 MonsivDis 'APi 

https :/ /w\V\o,t. washingtonpost.com/ ... lobbyist-helped-arrange..scott-pruitts-canceled·trip-to-australia-records-show/?utm _ tenn= .26126edf451 cf 6/18/20 18 11 :30: 50 AM J 
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fH , wnsultant and fnm1er lobbyist helped arrange Soott Pruitt's canceled trip to Australia, records show -lbc Wa:>hinglon Post 

This post has been updated. 

A Washington-based consultant who had served as a lobbyist for foreign governments helped arrange a trip that 

Environmental Protection Agency Administrator Scott Pruitt planned to take to Australia last year, according to 

federal re-cords obtained under the Freedom of Information Act. 

Matthew C. Freedman, chid executive of the firm Global Impact Inc., worked with one of Pmitt's top aides and 

another longtime ally of the administrator, lobbyist Richard Smotkin, to set up meetings in Australia. The trip 

was scheduled to take place in late August and early September, hut Pruitt canceled the travel shortly before his 

departure so he could survey Hurricane Harvey damage in Texas. 

Freedman has previously worked for controversial foreign leaders such as former Philippine president Ferdinand 

Marcos and the Nigerian government. He is not currently registered as a lobbyist but serves as treasurer for the 

American Australian Couneil that promotes economic ties between the two countries. 

The Washington Post reported Tuesday Smotkin playt•d a key roh' in hroh·riog n Ik,cernht:r trip Pruill tnPk tn 

:\lorocco that cost taxpayers about $too,ooo. Smotkin, who accompanied Pruitt for much of that journey and 

served as an informal liaison between EPA and Moroccan officials, subsequently signed a $4o,ooo-a-rnonth 

contract ''rith the Moroccan government that was retroactive to Jan. 1. 

The 2017 email exchanges between Freedman and Millan Hupp- who at the time served as EPA's deputy 

director of scheduling and advance and other Pruitt aides were obtained through litigation by the SietTa Club, 

an advocacy group. ·n1e New York Times first reported on the documents Wednesday afternoon, along with a 

separate memo showing a lobbyist, whose wife rented Pruitt a room at a discounted rate, weighed in on 

a~lpointments to the EPA's Scientific Advisory Board. 

On June 22, according to one email obtained by the Sierra Club, Smotkin messaged Hupp with the subject line 

·'connecting." He added Freedman's eoutact details and mute, "Connecting you with Matt so you have his email." 

Freedman wasted no time in offering ideas for Pruitt's trip- and reasons on which he could base an official 'isit. 

"One initial step would be to get a better sense of the current US Australian em iron mental agreements that are 

currently in place and whether they should be changed or updated or canceled and replaced with others,"' he 

wrote. "It would be relatively easy to put together a joint advisory task force on environment issues thus creating a 

new mechanism for ongoing discussions." 

He added, "I spoke with my friends at US Pacific Fleet Command and they have numerous environmental and 

maritime issues they would be interested in furthering." 

Hupp soon looped in Pmitt's senior counsel, Sarah Greenwalt, saying she would "be the lead in building out the 

Administrator's schedule for this trip." 

A day later, Freedman wrote back to suggest a "'face to face" conversation with the EPA team to help in the 

planning. Apparently aware of Pruitt's insistence on flying Delta whenever possible, he wrote, ''PS Delta does fly 

into Sydney from LA.., 

Freedman later suggested a call "once or mice a week" witl1 EPA officials arranging the trip, and he said he had 

been in touch with top Australian officials. He soon sent various ideas for the itinerary- listing officia1 stops and 

tourist destinations. "I urge consideration of some type of deliverable" to solidify the trip objectives to "blunt any 

criticism in the future," he wrote. 

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tu_-. consultant anti fonncr l\lbbyist hdp<.-d arrange Scott Prmtfs canceled trip to Australia, records sho;\ rhe Wa~hmgton Post 

The consultant also suggested Pruitt meet with a range of Australian officials, including Prime Minister ~'falcolm 

Turnbull and Foreign Minister .Julie Bishop. 

Meanwhile, he offered sightseeing JX)Ssibilities Pruitt might enjoy: a walk around Sydney Harbor, a ferry ride and 

a water taxi ride to a place called the Boathouse for breakfast He also suggested traveling to the Outback- "quite 

an experience" -but noted it would require a full24 hours and could conflict with a planned visit to a liquefied 

natural gas plant. 

In an email on July 10, Freedman made clear to EPA aides that despite all his input, his involvement and that of 

Smotkin's should not be v.ridely known. 

"Rick and I '"ill attend and wlH he present hut will not be listed as members of the delegation. Also, I v.itl make all 

arrangements for us; we do not want to utilize any [U.S. govcmment) assets for our involvement," he wrote. 

Freedman did not comment Wednesday but shared a statement from the executive board of the bipartisan, 

nonprofit American Australian Council. "The organization authorized board member Matthew Freedman to have 

disclL..sions with the Environmental Protection Agency," the statement read, adding that the group had written 

Pmitt last year asking whether it "might host him in an unofficial capacity during his planned \'isit." 

At the EPA, spokesman .Jahan Wilcox said Wednesday that the agency's Office of International and Tribal Affairs 

had ''organized and led the effort" around Pruitt's anticipated trip. Freedman is not a lobbyist, Wilcox noted in an 

email, and had attended a .June 20 roundtable of the Business Council for International Understanding. "But 

organization for this trip began well before that event." 

Sierra Club Executive Director rv1ichael Brune said in a statement \Vednesday that "it's no wonder these emails 

had to he forced out by a court: They expose the fact tbat corporate lobhyist.c; arc orchestrating Pruitt's taxpayerfunded trips to push their dangerous agendas.·· 

\'Vhile Pruitt ultimately canceled the trip in the wake of Hurricane Harvey, travel vouchers show a handful of EPA 

aides and security ofticials spent roughly $45,000 traveling to Australia to prepare for the EPA chiefs \<isit 

Records show it also cost the agency an additional $1,922 to cancel various flight and hotel reservations for him. 

The newly released records provide further evidence of how Smotkin served as an intermediary between Pruitt's 

advisers and the Moroccan government he now represents as a lobbyist. In a Nov. 30 email, Moroccan Embassy 

political counselor tsam Taib told Hupp and Greenwalt tbat he'd learned of changes to Pruitt's upcoming trip 

from "Rick," apparently referring to Smotkin. 

"I believe there are some new updates from \vhat I understood from Rick this morning," v.Tote Taib, who later 

signed Smotkin 's lobbying contract. 

Taib explained that he and others were trying to set up a meeting between Pruitt and the chairman ofOCP, a 

major phosphates exporter. The administrator ultimately met with that executive, Mostafa Terrab, on Dec. 12. 

Smotkin was in attendance. 

A separate memo released by congressional Democrats on Tuesday .shows .J. Stephen Hart, whose \\ife charged 

Pruitt $so a night on the days when he stayed iu her Capitol Hill condo, urged Pruitt's chief of staff to appoint 

three individuals to serve as scientific advisers to the agency. Pruitt last year made major changes to the EPA's 

scientific advisory panels, barring any ontside researchers from serving if they were simultaneously rec~iving 

grants from the agency. 

In the Aug. 10 email to Ryan .Jackson -sent less than a week after Pruitt moved out of that condo- Hart 

h!!ps W\\1\. washingtonpost.com( .. luhbyist-he!ped-arrange-scott·pmius-cancclcd·trip·t(HIUStru!ia-reconls-shtmi?utm _tcnn"".26126edf451 cj6/ 18/2018 II :30·50 A~ 1] 
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DC consultant and former lobbyist helped arr.mge Sc.olt Pruitt's canceled trip to Australia. records show~ The Wa.<~hinghm Post 

suggests Pruitt appoint his friend Dennis Treacy, president of the Smithfield Foundation, along with two other 

individuals whose names have been redacted. A month before, Hart had <l!T<mgvd for Trl'tll'Y to nwet Pruitt to 

di:.cuss issues related to the Chesapeake Bay. 

"This email is further proof that Administrator Pruitt has consistently misled Congress and the public about the 

extent to which the special interests providing him with gifts have sought specific favors from EPA in return," said 

Rep. Frank Pallone Jr. (N.J.), the top Democr-<~.t on the House Energy and Commerce Committee. "This culture of 

corruption has diverted public funds to special intereBts and could undennine all of the important work the EPA 

does." 

Read more; 

Brady Dennis is a national reporter for The Washington Post. focusing on the environment and 

public health issues. He previously spent years covering the nation's economy. Dennis was a 

finaUst for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow ®brady_dennis 

Juliet Eilperln is The Washington Post's senior national affairs correspondent, covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She is the author of two books- one on sharks and another on Congress, not to be confused 

With each other- and has worked for The Post since 1998. Follow @eilperin 

hHps'< i,\ \\W.washingtonpost.com/..Jobhyist·he!peJ~ammge~scott·pruius~cttnccled·trip-!o~aul:aralia·rci,.Wds·showrutrrUenn"" .26t 26edf451c[6Jl l-112018 11 :~0:50AM I 
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EPA Pnontucs Cleanup of Orange County North Uasm Ground\\atcr: US EPA NC\\S Release:. I US EPA 

An official website of the United States government. 

CONTACT US SHARE 

News Releases 

News Releases from Region 09 

EPA Prioritizes Cleanup of Orange 

County North Basin Groundwater 

Twenty-One Sites Targeted for Immediate, Intense 

Attention Nationwide 

12108/2017 

Contact Information: 

Nahal Mogharabi (mog.flilJabi.nilllilJ@ep<qloY) 

213-244-1815 

LOS ANGELES- Today, the U.S. Environmental Protection Agency released the list of Superfund 

sites that Administrator Pruitt has targeted for immediate and intense attention. The 21 sites on the 

list- from across the United States- are in direct response to the SU12eJiuncLTaskf~rc!'l 

Recommendalious, issued this summer, calling for this list. The Orange County North Basin, which 

provides much of the water used in 22 cities, including parts of Fullerton, Anaheim and Placentia, has 

been selected. 

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FPA Pmmtm~s ('lc:mupofOrange Count~ North Basm Groundwater ilJ S EPA News Releases! US EPA 

"By elevating these sites we are sending a message that EPA is, in fact, restoring its Superfund 

program to its rightful place at the center of the Agency's mission," said EPA Administrator Scott 

Pruitt. "Getting toxic land sites cleaned up and revitalized is of the utmost importance to the 

communities across the country that are affected by these sites. I have charged the Superfund Task 

Force staff to immediately and intently develop plans for each of these sites to ensure they are 

thoughtfully addressed with urgency. By getting these sites cleaned up, EPA will continue to focus on 

ways we can directly improve public health and the environment for people across America." 

In developing this initial list, EPA considered sites that can benefit from Administrator Pruitt's direct 

engagement and have identifiable actions to protect human health and the environment. These are 

sites requiring timely resolution of specific issues to expedite cleanup and redevelopment efforts. The 

list is designed to spur action at sites where opportunities exist to act quickly and comprehensively. 

The Administrator will receive regular updates on each of these sites. 

Orange County Water District (OCWD), under EPA oversight, is currently conducting an interim 

remedial investigation and feasibility study to address groundwater contamination in the Orange 

County North Basin. OCWD has agreed to complete this study and work with EPA so that cleanup 

can begin as soon as possible. Since the workplan was approved by EPA in June 2017, 11 

monitoring wells have been constructed and sampled and an additional 10 monitoring wells are 

planned for construction. The data collected as part of this study will provide EPA with the 

information needed to develop an initial remedy that will prevent further vertical and horizontal 

migration. 

The groundwater plume is contaminated with chlorinated solvents and other contaminants covering 

over five square miles. Contamination in the North Basin is believed to be the result of spills and 

leaks from industrial activities in the area such as manufacturing and metals processing businesses 

that utilized solvents as well as dry cleaning facilities over the last several decades. There are many 

properties in the North Basin where historical industrial activity has contaminated the soil and 

groundwater with chemicals, including tetrachloroethene (PCE), trichloroethene (TCE), 1,1-

dichloroethene (1, 1-DCE), and 1 ,4-dioxane. 

EPA is considering listing the site on the National Priorities List (NPL) to further expedite cleanup of 

the groundwater basin. EPA received a letter from the State of California on June 28, 2017, in support 

of placing this site on the NPL. 

EPA remains dedicated to addressing risks at all Superfund sites, not just those on the list. The 1~11 

c9CCe.Rel&ffimlilldatiQ.ru> are aimed at expediting cleanup at all Superfund sites and Administrator 

Pruitt has set the expectation that there will be a renewed focus on accelerating work and progress at 

all Superfund sites across the country. 

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EPA PnorU!US Cleanup of Orange Count} Nonh Basm Groundwater IllS EPA Nev.-:;; Releases jUS EPA 

The Task Force, whose work is ongoing, has five overarching goals: 

Expediting cleanup and remediation; 

Reinvigorating cleanup and reuse efforts by potentially responsible parties; 

Encouraging private investment to facilitate cleanup and reuse; 

Promoting redevelopment and community revitalization; and 

Engaging with partners and stakeholders. 

The Task Force will provide the public with regular updates as it makes progress on the 

Administrator's Emphasis list and other Task Force activities. 

The list is intended to be dynamic. Sites will move on and off the list as appropriate. At times, there 

may be more or fewer sites based on where the Administrator's attention and focus is most needed. 

There is no commitment of additional funding associated with a site's inclusion on the list. 

The list of sites can be found rum<. 

C.Qt1ii;i.Q.tJ,.!:; to ask a question, provide feedback, or report a problem. 

https ,/\v~\-w t>pa gov/nt::\\Sfelcascs./ep;l-pnontu.l'S·de;mup-mange-county·n(lrth·hasm·groumh,att:rf61!8.l2018 II 51 12 AMj 
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Superfund 

Superfund Home 

learn About Superfund 

Supertt.1nd Task Force 

Community 

Involvement 

Cleanup Support 

Accomplishments & Benefits 

Cleanmg up Sites 

Contammants at S~;perfund S1tes 

Contammated Med1a at 

Superfund Sites 

Pohcy. Reports & Other 

Documents 

Superfund Sites Targeted for 

Immediate, Intense Action 

This is a hst of sites from across the United States that Admimstrator Pruitt has targeted 

for 1mmed1ate and Jfltense attention. ThiS list is in direct response to the~.,~hl~'ef1.iJL:QJ,;tJit\ 

R\:OO!Xl!Jiet;ctatiCn~. rssued July 25, 2017, cal1ing for this list 

In developing this list EPA considered stte.s that can benefit from Administrator Pru1U's 

d1rect engagement and have Identifiable actions to protect human tlealth and ttle 

enwonment These are sites requfring timety resolution of specific issues to expedite 

cleanup and redevelopment efforts. The hst 1s designed to spur action at sites where 

opportunities exist to act QUlCkty and comprehensl'vely The Administrator Wl!l rece1ve 

regular updates on each of tnese s11es 

The hst 

• Is mte-nded to be dynamic, Sttes wi!l move on and off the list as appropriate, At times, 

thefe may be more or fewer sites based on where the Admmistrator's attention and 

focus ;s most needed 

• There 1s no commitment of additional funding associated w1tfl n site's inclusion on the 

list 

• Is presented m order by EPA region 

EPA remains dedicated to addressing risks at aU Superfund sites, not just those on the 

hst 

sites and Admm1sHator Pruitt has set the expectation th.;Jt there will be a renewed focus 

on acce!eratmg work and progress at all Superfund sites across the country 

As of Apnt 16, 2018, the hst tS 

US EPA SUtlerfund Task l~orcc: Superfund Sit4.>s Targeted for Jmnu~diote, lnt('nse 

Adion ~ Aprilt6, 2018 

Site 

Nashua p 

workmg on the 

Engmeenng 

Evaluation and 

Cost Anatys1s 

Plan to tla'w'e a 

proposed 

remedy out for 

pubhc comment 

in early Summer 

2018 Finahze 

Non-T1me Cntical 

Removal Act1on 
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North 

Providence 

Borough 

Spotsytvama 

Rhode 

!s!and 

New Jersey 

New Jersey 

New Jersey 

Virgtnla 

Memo by end of 

the 2D 18 flsca! 

year 

Currently 

neg.oilat1ng a 

redevelopment 

agreement wrth a 

Prospectw-e 

w1ththe 

potentially 

Plan for pubhc 

comment by !he 

end of Spnng 

2018 

Ftna!IZe the 

Remedial 

lnvesttgatlon and 

cons.1der takmg 

ear!y 

acttons 

Issue Proposed 

P!an for pubhc 

comment by !he 

end Spnng 2018 

Resolved !WO of 

three disputed 

1ssues wlih 

potent1aliy 

responSible 

parttes over risk 

assessment and 

conceptual s1te 

model PRPs 

ha .... e conducted 

IMtal sampling" 

and diSCUSSIOnS 

contmue to 

resctve 

remaining 

1ssues 

Remaming 

1ssues related' to 

1mpt-ementah0n 

of Worl< P!an is 

subject tc a 

deadline for 

mvokmg dlSpute 

resolution EPA 

1s wi\!hng tor 

PRP response 

that they will 
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34698.070

New Castle Delaware F 

CalvertC1ty Kentucky 

enforcement 

strategy for quick 

implementation 

of the remedy by 

potentm!ly 

respons1ble 

p~ul!es to 

address 

groundwater 

contammatten 

before water 

supply wens 

impacted 

PubliC comment 

period has 

closed and 

Region IS 

currently 

evaluating 

altematrves 

based on 

comments 

received, EPA 

pubhc for 

comment EPA IS 

currently 

evaluating 

comments 

recewe<:L S!gn a 

Non-Tm1e Crittca! 

Removal ActiOn 

Memo selecting 

Difference for 

OU 1 (Zone 2 

and 3) In 

Operable Unit 1~ 

Zone 1 l.:md tJse 

deciston. tssue 

Proposed Plan to 

publ.ic for 

commentm 

Summer2018 

Complete aH soil 

remediation in 

Operable Unit 1 -

Zone 2 early 

Township Dam 
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Kalamazoo MIChigan 

Cass lake Mmnescta 

Ottawa 

County Oklahoma 

DesMomes iowa 

tune c.ntu;a! 

removal actlon 

(m Area 3 of 

OUS) 

Determine 

standard for 

proposed 

remed1al act10n. 

S>gn 

Record of 

OeciSJOn for 

evaluate 

opportumbes to 

accelerate 

cleanup 

Ensure long term 

stewardsh1p 

Implement 

mshtut10nal 

controls lo 

protect dean up 

Complete 

settlement 

agreement to 

support deanup 

and 

1ssue a s~gned 

Record of 

OecJSlon 

Amendment by 

the end of the 

fiscal year 

2018 

Issue 

remM1at10n plan 

wtth short- and 

!ong,lerm 

ob.teetrves 

Complete 

negotJat1ons for 

trnp!ementat1on 

of early actiOns 

to address 

human health 

exposure, 

followed by SJtO· 

w•do 

work 

Adm1nrstrator's 

site V!Sit pen.dmg 

1n 2018 Move 

from recent 
99 


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10 Portland Oregon 

10 Renton 

NPL Status Codes 

Pr~NPL Under consideration to be proposed to the NPL 

P :.: Proposed to the N Pl 

F = Fma! on the NPL 

0 ::::: Deleted from the NPL 

millions of 

res1-dents 

Complete pub!t<: 

comment 

process and 

make final NPL 

an agreement 

with the PreRD Group to 

conduct the pre--

design 

m~testJgat!on and 

baseline 

sampling field 

activities are now 

underway. 

Negotiate 

agreements with 

additional 

Potentially 

Responsible 

Parties to 

conduct 

sampling to 

support remed1al 

destgn by the 

end of the 

the evaluation of 

attemattve and 

issua the 

Proposed Plan 

for 

pubhc comment 

by end of fiscal 

year 2018 
100 


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To: Bennett, Tate{Bennett.Tate@epa.gov]; Hugh[viewsandnews@aotcom] 

Cc: 

From: 

Ford, Hayley[ford.hayley@epa.gov]: Ferguson, Uncoln[ferguson.lincoln@epa.gov] 

Hupp, Millan 

Sent: 

Subject: 

Sat 9/9/2017 9:19:56 PM 

Re: Hi From Hugh Hewitt 

Mr. Hewitt, 

Hayley will be able to assist in scheduling this request. Was there a date you had in 

mind? 

Thank you so much, 

Millan Hupp 

Director of Scheduling and Advance 

Office of the Administrator, EPA 

202.380.7561 hupp.millan@epa.gov 

From: Bennett, Tate 

Sent: Friday, September 8, 2017 5:13:08 PM 

To: Hugh 

Cc: Hupp, Millan; Ford, Hayley; Ferguson, Lincoln 

Subject: RE: Hi From Hugh Hewitt 

!Icy there, Mr. Hewitt! We had been meaning to reach out to you r.c. the October visit if we hadn't already! I am 

looping ill Millan ami Hayley !o handle both. The Administrator is looking for\\<Hd to catching up with you soon 

and we will process this other request 

~~~~~Original Message~~---

From: Hugh [!lliliJ!o:\ lC,}~].lli!Jinc'2~ill.t1.gr.mJ 

Sent: Frid;ty, September X, 2017 5:09PM 

To: Bennett, Tate "'-Bennett.Tatezg:epa.go-v> 

Subject: Hi From Hugh Hewitt 

Hi Tate: Thanks ror working with the Lincoln Club fOlks. l have one other request lbr a meeting from 10lks who 

missed him in the OC but one with SPat his onice. With whom do I discuss scheduling? Hugh 

Sent from my iPhone 

17cv01906 Sierra Club v. EPA ED_ 00 15238_ 00002929-00001 
101 


34698.074

To: Bennen, Tate{Bennett.Tate@epa.gov]; Hugh[viewsandnews@aol.com] 

Cc: 

fi'QITl: 

Ford, Hayley(ford.hayley@epa.gov]; Ferguson, Lincoln(ferguson.lincoln@epa.gov] 

Hupp, Millan 

Sent 

Subject: 

Sat 919/2017 9:19:56 PM 

Re: Hi From Hugh Hewin 

Mr. Hewitt, 

Hayley will be able to assist in scheduling this request Was there a date you had in 

mind? 

Thank you so much, 

Millan Hupp 

Director of Scheduling and Advance 

Office of the Administrator, EPA 

202.380.7561 hupp.millan@epa.gov 

From: Bennett, Tate 

Sent: Friday, September 8, 2017 5:13:08 PM 

To: Hugh 

Cc: Hupp, Millan; Ford, Hayley; Ferguson, lincoln 

Subject: RE: Hi From Hugh Hewitt 

Hey there. Mr. Hewitt! We had been meaning to reach out to you r.e. !he Octobervisil ifwe hadn't already! I am 

looping in Millan and Hayley to handle botlt TI1c Administrator is looking rorward to catching up with you soon 

and we will process this other request. 

~-~--Original Message-----

From: Hugh fmmJJ..\.1~\J~(!~n;mrtn-;:.\~'.?i£.il9.l,f.Qllll 

Sent: Friday, September K, 2017 5:09PM 

To: Bennett. Tate <Bcnnen.Tme(CI:~epa.gov> 

Subject Hi From Hugh Hewitt 

Hi Tate; Thanks tbr working with the Lincoln Club folks. I have one other request for a meeting from folks who 

missed him in the OC but one with SPat his ollice. With whom do I discuss schC'duling'! Hugh 

Sent from my !Phone 

17cv01906 Sierra Club v. EPA ED_001523B_00002929-00001 
102 


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To: Ford. Hayley[ford.hayley@epa.gov]: Scon Sommer[SSommer@larsonobrienlaw.com}: Hupp, 

Millan[hupp.millan@epa.gov]; Bennen, Tate[Bennett.Tate@epa.gov]; Ferguson, 

Uncoln[ferguson.lincoln@epa.gov] 

f!~; _______ g~pb~Q_9,_~?!?9.Ql'l~~!~.O.D@)?~9!19P!l~Q!~w.com]; Hugh Hewin Esq. 

: Personal Email/Ex. 6 : l'rom:·----R'ooenco'Brren··------------------------· 

Sent: Thur 10/12/2017 5:19:17 PM 

Subject: RE: From Hugh. 

Many thanks. Best. RCO 

Robert C. O'Brien 

Partner 

LARSON O'BRIEN cc• 

555 South Flower Street Swte 4400 

L.0S Angeles, CA 90071 

213 436 4B65 Otrect 

213 436 4888 Offtce 

2B 023 2000 FaJ< 

tobnen@larsonobnen!aw com 

From: Ford, Hayley {mailto:ford.hayley@epa.gov] 

Sent: Thursday, October 12, 2017 10:14 AM 

To: Robert C. O'Brien <ROBrien@larsonobrienlaw.com>; Scott Sommer 

<SSommer@larsonobrienlaw.com>; Hupp, Millan <hupp.millan@epa.gov>; Bennett, Tate 

<Bennett.Tate@epa.gov>; Ferguson, Lincoln <ferguson.lincoln@epa.gov> 

Cc: Stephen G. Larson <Slarson@larsonobrienlaw.com>; Hugh Hewitt Esq. : ............ -·-·-··.--- . fi,ir;On.Bi"ErliiliiiEX:-6 ··----- -·-·-·- ... _,- -·· -·-.---i 

'!fuilJ&cFR'E:·;:;c,-,n·Hu9fl:·----------··------·---·-------------

Robert, 

17cv01906 Sierra Club v. EPA ED _oo 15238_ oooo1so 1-oooo 1 
103 


34698.076

Thank you for the confirmation. We look forward to the meeting. Please send our well wishes 

to Judge Larson and those affected by the fires. 

We'll see you next week. 

Hayley Ford 

Deputy White House Liaison 

Office of the Administrator 

Environmental Protection Agency 

Room: 3309C William Jefferson Clinton North 

Phone: 202-564-2022 

Cell: 202-306-1296 

From: Robert C. O'Brien fmailto:ROBrien@larsonobrienlaw.comJ 

Sent: Thursday, October 12, 2017 12:42 PM 

To: Scott Sommer <SSommer@larsonobrienlaw.com>; Ford, Hayley <ford.hayley@epa.gov>; 

Hupp, Millan <hupp.millan@epa.gov>; Bennett, Tate <Bennett.Tate@epa.gov>; Ferguson, 

Lincoln <ferguson.lincoln@epa.gov> 

.C:c:;_$!~P.~.E1Q_~--J.,'![~Qr)_~SLarson@larsonobrienlaw.com>;_Hugh Hewitt Esq. 

!_ ____________________ ~~~~!'-~~.E..!'.'~!~ .!E~c-~---------------------J Subject: RE: From Hugh. 

Importance: High 

Dear Hayley, 

I am writing to confirm our meeting with General Pruitt next week, Wednesday, October 18 at 

10:00 a.m. Our group will be myself, my Larson O'Brien colleague, Scott Sommer, and Bill Hunt 

from OCWD. Please give General Pruitt my warmest regards and let him know that I look 

forward to seeing him again. Unfortunately, due to the fires in Santa Rosa and the impact they 

17cv01906 Sierra Club v. EPA ED_001523B_00001601·00002 
104 


34698.077

have had on one of our large clients there, Judge Larson will not be able to join us as he >S 

heading north (winds and fire conditions permitting)" 

Thank YOH-~QQ_QQ_JlQ\he~itate to reach out to me with any questions or comments" My mob1le 

phone is:~ Personal Phone/b.&! 

••OM "*~ ••••~·~--···•••- W •• J 

Best, 

RCO 

Robert C. O'Brien 

Partner 

LARSON"O'BRIEN ,o 

South Flmver Street Su1te 4400 

Los Angeles. CA 90071 

2 'i 3 436 4865 D1rect 

2i343648880ff1Ce 

213 623 2000 Fax 

robnen@larsonobnenlaw corn 

From: Hugh Hewitt[·=~~~~£~§~~~~:~::··~~-~·~: 

Date: September 18, 2017 at 9:24:24 PM GMT+ I 

To: "Ford, Hayley" <CcmU\~j'!IT@:<.:JlllJlQY> 

Cc: "Hupp, Millan" <~m.ilhln@fD.~"gm:>, ''Bennett, Tatcn 

<J.}£nQ~1LI.MG.t!t£-ll~L£.9Y>, "Ferguson, Lincoln" <fG.T.SJI.~qnJj_·tt~Dln@~~mt.gQy> 

Subject: Re: (SPAMI Re: Hi From Hugh Hewitt 

17cv01906 Sierra Club v" EPA ED_001523B_00001601-00003 
105 


34698.078

H Haley: lCL,\M Q!L~c!iJJ_c~i\~_QctoltcLtiJsJB!h makes sense. The J for sure arc 

Judge Larson, Scott Sommer and Bill Hunt. I'll join if the Administrator would 

like me too or can catch up later at a dinner. Let me know his preferences but 

other three know tbe North Orange County Basin. Its Greek to me but a big deal 

in my home county. 

Hugh 

Sent from my iPad 

On Sep 18,2017, at 7:30PM, Ford, Hayley <ford.]laylcy~tcpa.go,:> wrote: 

Hi Mr. Hewitt, 

I hope you had a nice weekend! I'd be happy to go ahead and schedule this 

meeting for you. Qctnbcr .. Ll!looks like the best date for us. Docs the group 

have a preference on timing? If not, should we say 1.9.6.1'1? 

Hayley Ford 

Deputy White House Liaison 

Office of the Administrator 

Environmental Protection Agency 

Room: 3309C William Jefferson Clinton North 

ford.haylcy@epa gov 

Cell: 2Q2cl.Q6_,_!1.2§ 

17cv01906 Sierra Club v. EPA ED_001523B_00001601-00004 
106 


34698.079

POLITICO 

POLITICO 
107 


34698.080

Pruitt fll$t·!radled Ca11fOrrnll d!!anup l:lftef Hugh He'MU brokered mee!tl'"l[l· POUT!CO 

Pruitt fast-tracked California cleanup after Hugh Hewitt brokered meeting 

By EMILY HOLDEN and ANTHONY ADRAGNA I 05/07/201810:12 PM EDT 

hUps /lwwH.politieo.com/story/2Q16it:l51071pruitt-clllil'omia-deanup-/lewitHnee!mg-521215 
108 


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EPA Administrator Scott Pruitt placed a polluted California area on his personal priority list of Superfund sites targeted for 

"immediate and intense" action after conservative radio and television host Hugh Hewitt brokered a meeting between him 

and lawyers for the water district that was seeking federal help to clean up the polluted Orange County site. 

The previously unreported meeting, which was documented in emails released by EPA under a Freedom of Information Act 

lawsuit by the Sierra Club, showed Pruitt's staff reacting quickly to the request last September by Hewitt, who has been one of 

Pruitt's staunchest defenders amid a raft of ethics controversies around his expensive travel, security team spending and a 

cheap Washington condo rental from a lobbyist. 

Pruitt has drav.'ll criticism from enviromnentalists and other critics for letting prominent GOP backers and industry groups 

influence tbe agency's agenda -even as he bas kicked scientists off of EPA's advisol)' panels and moved to limil the kinds of 

peer-reviewed research it will consider when making decisions. 

In many cases, the people whose advice Pruitt is heeding could be useful supporters for him in a future race for U.S. senator 

or president. They include GOP megadonor Sheldon Adelson, who- as PO UTI CO reported in March- persuaded Pnlitt 

last year to take a me€ting with an Israeli water purification company called Water-Gen that later won a research deal with 

the EPA. 

Hewitl, a resident of Orange County whose son James works in EPA's press office, emailed Pruitt in September to set up a 

mt:.>eting between the administrator and the law fimtl.al'son O'Brien, which employs HeY.itt and represents the Orange 

County Water District Pmitt had been planning to meet with the lawyers in California a month earlier, but cant•elled the trip 

to undergo knee surgery. 

'Til join if the Administr-JtOI' would like me too or can eatch up later at a dinner," Hewitt \\Tote in his Sept. 18 message. 

Ht•witt added that the issues surrounding the Superfund site were ·'Greek to me but a big deal in my home county.~ 

Morning Energy newsletter 

a ource for energy and environment news- weekday momings. in your inbox. 
109 


34698.082

Pruot1la~-tradc.ed Cali10l'nl<l dO!IIlU!J after Hugh H.e-MtlllfOkerad mee1!!'>11· POLITICO 

Pruitt's aides responded within minutes and qukkly confim1ed an Oct. 18 meeting for the lawyers and a project director. 

Six weeks after that meeting, on Dec. 8, the Orange County North Basin site appeared on Pruitt's list of 21 contaminated 

areas to addrt'ss. A month later, Pmitt proposed listing the site on EPA's National Priorities List, a move that could make it 

eligible for long-term federal cleanup funding from the federal government if the responsible polluters cannot be identified 

and forced to pay for its remediation. 

Since then, Hewitt has been a robust defend~r of Pruitt, dismissing his n-cent controversies as "nonsense scandals" on 

MSNBC in early April and saying his detractors were "just trying to stop the deregulation effort." 

Pruitt has touted the agency's Superfund work as one of his keyprioritie.~;, setting up a task force to seek to speed up the 

dean~up of the nation's worst contaminated sites. That task force had been headed by Albert "Kell" Kelly, a former banker 

and longtime friend, who departed the agency last week after news about loans he provided to Pmitt in Oklahoma, including 

the mortgage provided to Pruitt for a house he bought from a lobbyist when he was a state senator. 

Environmental advocates ha,·e worried Pruitt's efforts to identify Superfund priority sites would bypass the process set up by 

Congress to ensure cleanup rt'sourL-es are divided fairly, and that he could focus on sites seen as important to his political 

supporters. And environmentalists have said Pruitt's rush to claim that contaminated properties have been remediated could 

risk turning them over to local governments and busines.ses that might pursue cheaper, inadequate solutions. 

Elgie Holstein, senior director for strategic planning at the Environmental Defense Fund who has been tracking EPA's 

Superfund actions, said the connection to Hewitt is "not a surprise." 

"The biggest fear we have is that No. t, the administrator's political priorities and personal ambitions, political ambitions 

become the primary criteria for action under this program inste-ad of science and health," Holstein said. 
110 


34698.083

EPA never disclosed the meeting with Hewitt's contacts. It was listed on Pruitt's public calendar as a staff briefing. But on his 

private Outlook schedule, which the agency has released in response to lawsuits, it appeared as an "Orange County Superfund 

Site" meeting with Kelly and two other staffers. The records did not Jist the Californians in attendance at the meeting at EPA 

headquarters in Washington. 

But EPA spokesman Jaban Wilcox confirmed that two la\ ... yers representing the water district, Robert O'Brien and Scott 

Sommer, and the water district director of special pmjects, Bill Hunt, were there. A third lawyer, former federal Judge 

Stephen G. Larson, was forced to cancel his trip due to wildfires in C.alifornia, according to emails. 

"Hugh Hewitt helped arrange the meeting at the request of the water district but did not attend," Wilcox said. 

Wilcox said the m-eeting was for the water district to "brief EPA on the Supeli"und site's cleanup efforts and t't'quest .expedited 

cleanup," following a 2016 agreement with the agt>ncy to t'omiul't a «'medial investigation and feasibility ;;;tudy, at a cost of $4 

million over two years. Hunt <lid not immediately respond to a request for ('Omment. 

Hewitt in an email to POl.ITICO called Pruitt a friend and said he does not have a working relationship with him. He said 

that his firm has represented the water district and worked on the site with EPA's regional office for yt>ars but that h(~ had not 

participated in that work. 

Hewitt said he requested a mt>eting bec.1.use the water district wanted to brief the new EPA team, he said, adding that he was 

an Orange County resident until2016 as well as an Orange County Childn.•n and Families Commission member. He said that 

he "very much" wanted the Superfund site remediated as soon as possible. 

The problems with Pruitt: A complete guide By EMH.Y HOU>EN, Al£X GUIU£N and KELSEY TAMBORAntO 

According to an EPA fact sheet, the Orange County site has more than five square miles of polluted groundwater containing 

chlorinatt!d solvents and other contaminants across the cities of Anaheim, Fullerton, and Placentia. It includes the Orange 

County Groundwater Basin, which provides drinking water to more than 2.4 million residents across 22 cities, according to 
111 


34698.084

the agency. Those pollutants can damage humans' nervous systems, kidneys and livers, and some are considered 

carcinogenic. 

EPA has just begun its process of studying the contamination and it has not determined which companies caused the 

pollution in the area. But an administrative settlement with the EPA in 2016 says the area was home to "electronics 

manufacturing, metals prores..,ing, aerospace manufacturing, musical instrument manufacturing, rubber and plastics 

manufacturing, and dry cleaning." 

Hewitt also thanked EPA schedulers for working to arrange a meeting between Pruitt and the California Lincoln Clubs, which 

describe themselves as in favor of "limited government, fiScal discipline and personal responsibility." After some 

rescheduling Pruitt eventually met with representatives of the group on a trip to Califomia in March of this year, according to 

his public calendar. Prominent Orange County businessman John Warner also helped to connect that group with staffers. 

Pruitt and his scheduling staff have frequently sought to set up meetings with or for inHuential Republican figures, according 

to the internal EPA emails. 

His team accepted an imitation for him to addr('s_<; The Philanthropy Roundtable at an invitation~mlly event at the \\'hite 

House for "conservative and free-market foundation CEOs and individual wealth creators to discuss the greatest 

opportunities for foundations to protect and strengthen free society" and "what [Pruitt] views as unique opportunities for 

philanthropic action. 

As POLffiCO reported in March, Pruitt also met with an Indiana coal executive and Trump fund raiser who was seeking to 

soften a poHutiou rule. 

Pruitt also crafted his travel schedule- including a tour of states in Augu~t- to meet with big business much like a member 

of Congress would during the annual recess. 

In ,July, EPA's associate administrator of public engagement Tate Bennett was working with Pruitt to "essentially creatr an 

August recess for the EPA to be out in the states talking with individual companies & doing listening se&<;.ions within sectors," 

said Leah Curtsinger, the federal policy directorfor the Colorado Association of Commerce & Industry, in an email 
112 


34698.085

introducing Bennett to her husband, public affairs director at coal company Cloud Peak Energy and a fellow alum of Senate 

Majority Leader Mitch McConnell's office. 

Annie Snider contributed to this report. 

About Us 

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113 


34698.086

FOR RELEASE: May 4. 2018 

CONTACT: 

202-224-8832 

'll!ll,:ooh.-., ... ,' 202-228-629! 

Carper, Whitehouse Question EPA Actions Favoring Adelson-Backed 

Company 

Sources report Administrator Pruitt instructed EPA's Office ofResearch and 

Development to validate Water-Gen's technologyfo!lowing influence from Sheldon 

Adelson, other Trump supporters 

WASHhVG1VN. DC- Yesterday, U.S. Senators Tom Carper (0-Del.), top Democrat on the 

Environment and Public Works Committee, and Sheldon Whitehouse (0-R.I.) questior19.Q 

the Environmental Protection Agency's (EPA) signing of a Cooperative Research and 

Development Agreement (CRADA) with Water-Gen, an Israeli company backed by Sheldon 

Adelson, following numerous meetings between EPA Administrator Scott Pruitt and Water-Gen 

executives. As £'11J:>rtc(I by the Washington Post last night, Water-Gen's technologies were 

supported by Adelson, a financial supporter of the Republican Attorney Generals Association 

(RAGA). and Ed Russo, the U.S. CEO of Water-Gen and a long-time consultant to the Trump 

Organization. A draft itinerary of Administrator Pruitt's scheduled, but cancelled, trip to Israel, 

obtained by committee staff. outlines a planned public announcement of EPA's Water-Gen 

CRADA. 

The lawmakers wrote, "We write to request information regarding the manner in which 

EPA decided to sign a Cooperative Research and Development Agreement (CRADA) with 

Water-Gen, a company whose representatives you met with in Washington, DC at the 

request of Sheldon Adelson. Your planned (but cancelled) February, 2018 trip to Israel 

appears to have included a public announcement of EPA funding for Water-Gen ... Sheldon 

Adelson, a longtime donor of Republican causes in which you been involved, brought this 

company to your attention in 2017. Mr. Adelson is the billionaire owner of the Las Vegas 

Sands Corporation with whom you are presumably acquainted from your tenure at the 

Republican Attorneys Generals Association (RAGA). Las Vegas Sands gave RAGA 

$1,501,269 during the 2014 election cycle, and $755,000 during the 2016 election cycle." 

A timeline of events included in the letter, along with public documents and information from 

former and current EPA officials, show the Water-Gen award process to be driven by 

Administrator Pruitt and significantly influenced by individuals with financial stakes in the 

technology. For instance, the Water-Gen system was personally delivered to EPA's Cincinnati 

office for evaluation by Water-Gen's U.S. CEO Ed Russo. 

EPA career staff were also instructed to justify the use of the Water-Gen system, which shows a 

use of EPA resources and taxpayer dollars to benefit specific businesses with ties Administrator 

Pruitt. The senators noted, "Following a meeting at EPA that included Albert 'Kel' Kelly, 

until recently your senior advisor, and other individuals in EPA's Offices of General 
114 


34698.087

Counsel and Water, EPA's Office of Research and Development was asked to fund a 

project to validate Water-Gen 's system for potential deployment in lieu of bottled water in 

disaster response or other scenarios because of your interest in the technology. EPA career 

staff did not understand what statutory authority existed for engaging in the validation of 

what they referred to as a 'glorified de-humidifier' or 'magic water machine' simply 

because you were interested in the technology." 

The full text of the letter to Administrator Pruitt can be found below, and in PDF form 
115 


34698.088

1!.1n1tcd ,States ,Senate CCll"li1MlTTEE ON ENViRONMENT AND PUBUC \IVO!l.KS 

The llonornblc Scott Pruitt 

Administrntor 

Environmental Protection :\gency (EPA) 

1200 Pcnnsyh·ania Aw .. NW 

Washington. DC 20004 

Dear Administrator Pruitt: 

May 3, 2018 

We write to rcquc·st inl(mnation regarding EPA's decision to sign a Cooperative Research and 

Development i\grccmcnt (CRADA) with Watcr-Gcn, a company whose representatives you met 

with in Washington, DC at the request of Shddon Adelson. Your planned (but cancelled) 

February. 2018 trip to Israel appears to have included a public announcement ofEPi\ support f(lr 

Water-Gen. 

Water-Gen. an Israeli company owned by Russian-Israeli billionaire :vlikhac11vlirilashvili. claims 

to be able to produce potable water out of air, and has been touted by Israeli Prime Minister 

Binyamin Nctanyahu 1 and Alan Dcrshowitz.2 Sheldon Adelson, a longtime donor to Republican 

causes in which you been involved, brought this company to your attention in 2017. Mr. 

Adelson is the billionaire owner of the Las Vegas Sands Corporation. He has also been a donor 

to the Republican Attomcys Gcncntl Association (RAGA), till organization you formerly headed. 

Las Vegas Sands gave RAGA $1.501.269 during the 2014 election cycle, and $755.000 during 

the 2016 election cyclc3 

\Vatcr-Gcn's American CEO, Ed Russo. has been a consultant to the Trump Organization since 

200 I and is the author of a book entitled "Donald J. Tmmp: i\n Environmental Hero."' II is our 

understanding that Mr. Russo personal!)' delivered Water-Gcn's system to EPA's Cincinnati 

office t\1r cYafuation. lnt(mnation received by (1Uf offices from both current and former EPi\ 

employees reveals that scientific. legal and procedural concerns were raised by a number of 

individuals innlh'cd in the CRADA award. 

1 https: 1

:www .ha!Jrt•l z. Ct'IH -·us .. ncws/cpa-signs~ugrccmcnt~with-is.ra.c li-company-rccommcndcd-by-adelsnn1.5957-J55 

https: ',·www. t imcso lhracl.,omfat-aipac~dl.!rshowitz-rulls-water*out-of.·thin-air! 

https;,'!www3lpcnsccn:ts.org.i53.7si517cmtcd~tail .. contribs.php~cyclc·"20 l6&ein""46450 1717. During that period 

you served in leadership po~itions at RAGA and its associated 501(c)(4) Rule of Lnw Defense Fund. Until recently. 

Samantha Dra\iis. former g~ncral counst:l and policy director for RAGA. servl.!d as your senior coun.r.;cl and 

t\ssociatc Administrator for Policy at EPA. Imps: tww\v.linkcdin.com/in/samanthadravis/ 1 hups:"';www.CdH'Ws.net/storics11 060046::!22 
116 


34698.089

Below is a time line of events as we understand them: 

Man:b 29,2017: According to public copies of your calendar, you held two meetings with 

representatives of Water-Gen, including Maxim Pasik, its executive chairman, at the request of 

Sh~ldon Adelson. We have been informed that the company left a prototype of its water 

purification system in your office. An EPA official also told our staffs that you said that you 

wished to evaluate the technology to determine whether residents living near Superfund sites 

whose drinking water might be contarninated5 could be provided with Water-Gen systems in lieu 

of bottled water. 

May 10, 2017: According to copies of your calendar, you met with representatives of WaterGen. 

June 13,2017: Following a meeting at EPA that included Albert "Kel" Kelly, until recently 

your senior advisor, and other individuals in EPA's Offices of General Counsel and Water, 

EPA's Office of Research and Development was asked to fund a project to validate Water-Gen's 

system for potential deployment in lieu of bottled water in disaster response or other scenarios 

because of your interest in the technology. EPA career staff did not understand what statutory 

authority existed for engaging in the validation of what they referred to as a "glorified dehumidifier" or "magic water machine" simply because you were interested in the technology. 

June 2017: Ed Russo, the U.S. CEO ofWater-Gen,6 delivered a prototype system to EPA's 

Cincinnati Research and Development Laboratory7

• 

September 12,2017: EPA put out a notice8 seeking non-federal partners for "a Cooperative 

Research and Development Agreement to investigate the potential use of atmospheric water 

generators in expanding the availability of water during shortages, contamination events, and 

other interruptions of service." We have been told by current and former EPA staff that this 

notice was issued because EPA's career staff were uncomfortable using EPA funds to validate a 

single company's technology absent a public selection process, particularly when, by their 

estimation, about 70 other similar systems exist on the market. 

January 2018: EPA reportedly9 signed10 a CRADA with Water-Gen to evaluate its water 

purification system, although the CRADA wasn't publicly announced until March 2018 11 • In 

addition to validating the technology, EPA career staff were instructed to undertake a 

comparison of the costs and operational challenges associated with using Water·Gen's 

technology to those associated with using bottled water during situations when potable drinking 

water is not otherwise available. 

' http://www .chicagolribune.com/suburbslpost-tribunelnewslct-ptb-east-chicago-one·year·IBier·st-0723-20 170721· 

story.hunl 

' http://watergenusa.com/executive-team/edward·r·russol 

7 https:J/www.epa.gov/aboutepa/cincinnati-<Jh·lab-<Jffice-research·and-development 

' https://www.epa.gov/sciencematterslepa-research-september·l2·20 17 

' https://www. W.j.com/articleslsheldon·adelson-facilitated-epa-connection-for·israeli·finn·l522204212 

'

0 https:J/www .politico.com/story/20 18/03128/sheldon-adelson-scoll·pruitt-epa·447497 11 https://www.eenews.net/stories/10600n833 
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February 10,2018: According to EPA documents obtained by our ofliccs, several members of 

your Personal Security DetaiL including its leader. Nino Perrotta, traveled to Israel in advance of 

your planned February 17, 201 R trip to IsraeL 

February 17-23, 2018: According to a draft itinerary of your trip to Israel obtained by our 

offices (attached), you and several members of your sta!Tplanncd to travel there. You wert' 

scheduled to participate in a number or tours and other meetings that do not appear to directly 

relate to your job as EPA Administrator, including tours of the Old City of Jerusalem and several 

churches in Capcrnaum, a meeting with an Israeli Supreme Court Justice and tour of Israel's 

Supreme Court and a meeting with Israeli Prime Minister Binyamin "Jctanyahu. You were also 

scheduled to participate in sevcmlmcetings and tours that were related to drinking and 

wastewater treatment technologies and other environmental matters, including a planned public 

announcement of EPA's Watcr-Gcn CRADA. The trip was cancelled, despite the fact that your 

advance team was already in Israel, due to revelations regarding your exorbitant spending on 

travc1. 12 

So that we can b~tter understand the manner in which EPA decided to fund Water-Gen's 

technology. as well as the role \k Adelson or other non-govemmental orticials played in the 

CRt\DA am! your planned Israel trip, please provide, by close of business on May 25, 2018, the 

lbllowing: 

1, All documents (including but not limited to cmails, correspondence, memos, cost 

estimates, receipts for actual incurred expenses, and calendar items) related to your 

planned trip to IsraeL 

2. All tlocumcnts (including but not limited to cmails, correspondence, memos, cost 

estimates, receipts for actual incurred expenses, technical assessments or evaluations and 

legal analysis) related to EPA's Water-Gcn CRADA or other ctlbrts to provide funding 

or other support to Water-Gen. 

Thank you wry much tor your attention to this important matter. If you or members of your staff 

have further questions, please Ice! free to ask them to contact Michal FrccdhotTat the Committee 

on Environment and Public Works at (202) 224-8832, or Dan Dudis with Senator Whitehouse's 

stall' at 202-224-2921, 

Sincerely yours. 

~~" United States Senator 

1

:: https:l/www. washingtonpost. comincws/cnergy*en vironme nt'\\'P/~0 18/02; l 8 iundcr~ fire-~ for~travc 1-expcma::s-pmittcanccls.wtril'·tn·isracl!?utm. _term"", Q8c9fl 8306ac 
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Drali Do not distribute 

Control Officer 

Chuck Ashley 

Environment, Science & Technology, and 

Health Affairs Officer 

U.S. Embassy in Tel Aviv 

Office: +972-3-519-7478 

E-mail: ashlcych@state.gov 

Hotel: 

King David Hotel 

23 King David St. 

Jt:rusal em. 94 l 0 1 

Hotel Tel. 4 972-2-6208!!88 

Website: 

https://www3.danhotels.com!JcrusalemflotclfJi. 

KingDavidJerusalemHotel 

Security Control Officer 

Dan Bluestein 

Regional Security Ot11ccr 

U.S. Embassy in Tel Aviv 

Otlicc: +972 3-519-7399 

Email: BlucsteinD@statc.gov 

Embassy: 

Main: +972 )-519-7575 

Post One (after hours): +972 3-519-7551 

ConGcn: 

RSO: Jason Watson- +972-50-204-2619 

Old City Guide: Olga Romanova- +972-50-

209-2112 

~1ain: +972-2-622· 7230 

Post One (after hours): >-972-2-622-6987 

Notional Schedule 

Saturday, February t 7 

11:32 Depart DCA on UA 3478 (Pruitt. Ryan. Ferguson, Daniell, and Smith) 

12:53 Arrive Newark 

16:15 Depart Newark on UA &4 

Sundav, Februarv 18 

09:35 Arrive Tel Aviv (Pruitt. Ryan, Ferguson, Daniell, and Smith) 

February 16.2018.9:30 a.m. EST 
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09:35 Customs Processing 

I 0:00 Depart for King David Hotel 

II :15 Arrive at King David Hotel, check in, Executive Time 

14:15 Meeting with Ambassador Friedman at King David Hotel, room TBD 

14:45 Depart King David Hotel for Jaffa Gate 

15:00 TourofOid City 

POC: ConGen Guide Olga Romanova, +972-50-209-2112 

17:15 Depart Dung Gate for King David Hotel 

17:30 Arrive King David Hotel 

18:00 Depart King David Hotel for Dinner, location: TBD 

18:30 Dinner 

20:30 Depart for King David Hotel 

RON: 

King David Hotel 

23 King David St. 

Jerusalem, 9410 l 

Hotel Tel. +972-2-6208888 

Website: https://www3.ganhote(s.com/Jgru~len,Hotels!KingDa~idJerusa)emHote1 

Mondav, February 19 

09:00 Depart for Meeting with retired Israeli Supreme Court Justice Elyakim Rubinstein 

09:30 Meeting with retired Israeli Supreme Court Justice Elyakim Rubinstein 

POC: Natatlie Kimhi, +972-50-625-5933 

10:30 Tour of the Israeli Supreme Court 

10:50 Depart for King David Hotel 

ll :20 Executive Time 

February 16,2018.9:30 a.m. EST 
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12:30 Working Lunch with Minister of Environmental Protection Zecv Elkin, location: 

Ambassador's Garden Room, King David Hotel 

POC: Adam Schalimtzek, +972-50-623-3136 

• Discuss cooperation (ill innomrive technologies. rule of law, v.•ater qualify 

managemenl, remediation, marine Iiiier. and other priority areas. 

13:30 Delivery of OM I letter, signing of joint communique. location: Ambassador's 

Garden Room, King David Ilotd 

13:45 Signing Ceremony of EPA- Israeli Ministry of Environmental Protection 

Memorandum of Understanding with Israeli Minister of Environmental Protection 

Zeev Elkin, location: Reading Room. King David Hotel 

POC: Gitit Pincas, +972-52-545-4661 

14:10 Depart t'"1r Site Visit to Hagihon Jerusalem Region Water and Wastewatl!r Utility 

14:40 Sit!! Visit to Hagihon Jerusalem Region Water and Wastewater Utility 

POC: Dani Sosnovitch, +972-53-743-5295 

• Highlight the innovative reclmo/ogies used by llagilwn and its 

cooperation with New rork ( 'ity on wa/er issues 

15:45 Depart for Roundtable with Israeli Government and Private Sector Stakeholders 

on Environmental Rule of Law and the Kncsset. location: Kncssct 

16:15 Arrive at the Knesset 

16:30 Roundtable with Israeli Government and Private Sector Stakeholders on 

Environmental Rule of Law 

17:30 

18:00 

18:30 

19:00 

20:30 

21:00 

POC: Adam Schlalimtzck, 1972-50-623-3136 

Discuss opporllinilies 10 advance the rule !~{law on environmemal mailers 

Tour of Knessct 

POC: IMFA will send this inti:•] 

Attend Kncsset P1ennary Session during which Administrator Pruitt will be 

rccognilcd 

Depart for Dinner, location: TBD 

Dinner 

Depart for King David Hotel 

Arrive King David Hotel 

February 16, 201 8, 9:30 a,m, EST 
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RON: 

King David Hotel 

23 King David St. 

Jerusalem, 94101 

Hotel Tel. +972-2-6208888 

Website: https://www3.danhotels"fJlm/JerusalemHotels!KingDavid.lerusalemHotel 

Tuesdav, l''ebruary 20 

l 0:00 Depart for Meeting with CEO of Israeli Innovation Authority (II A). location: lAA 

Office in Airport City. Room: Ne\\1011 405 

10:45 Meeting with Israel innovation Authority (IIA) CEO Aharon Aharon 

POC: Les Abelson, +972-50-216-3144 

• To promore environmenla{ innovarion and callabomtion in and between 

the US and Israel. 

ll :30 Depart for Shafdan Water Recycling Plant. location: Rishon LeZion, Room: 2"d 

Floor Conference Room 

12:00 Briefing on operations of the Shafdan Water Recycling Plant 

POC: Yossi Yaacoby, +972-50-574-8733 

12:30 Working Lunch with Minister of Energy Yuval Steinitz. including two short 

presentations by Israeli water technology companies 

POC: Riki Mor, +972-50-631-2680 

13:30 Tour of Shafdan Water Recycling Plant and Visit to Mekorot Water Technology 

Accelerator 

• Feature rhe "miracle" t1llsrae/ 's success in wastewater reqclingJor 

irrigation 

• Share emerging work on pharmaceuticals in wasrewater streams 

• Receive infimnarion on proJect accelera/or work with U.S. cities 

14:00 Depart for Sorek Water Desalination Plant Site Visit, location: Visitors Center 

J 4:30 Sorck Water Desalination Plant Site Visit 

POC: Hila Koren, +972-52-429-9731 

15:45 Depat1 for Roundtable Discussion on Innovative Water Technologies hosted by 

Tel Aviv University, location: Itzhak Alfred Guttman Administration Bldg, Room 

308 

16:30 Roundtable Discussion on Innovative Water Technologies hosted by Tel Aviv 

University 

February 16, 2018. 9:30 a.m. EST 
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POC: Anal Halevy, +972-52-828-2886 and Zach Fenster, +972-52-748-3799 

17:45 Walk to Auditorium 

17:50 EPA- WaterGen Cooperative Re~areh and Development Agreement (CRADA) 

Annow1cement 

18:30 Depart for Dinner, location: TBD 

19:15 Dinner 

21 :00 Depart for King David llotel 

22:00 Arrive at King David Hotel 

RON: 

King David Hotel 

23 King David St. 

Jerusalem, 9410! 

Hotel Td. +972-2-6208888 

Website: https://www3A,l!llhotcls.com/JerusalemH_Ql~1;;;/KingDavidJerusalemHotcl 

Wednesday, Februarv 2l 

07:30 Depart for Nof Yam Remediation Site Visit, location: adjacent to Apollonia 

National Park near Hertzliya 

09:15 NofYam Remediation Site Visit 

l'OC: Omer Cohen. ~972-53-335-0757 

flighlight current and possible}ilflm: collaboration belln!en EPA and 

MEl' by showcasing Israeli ~tJi1rts 10 remediate a site contaminated by 

military operations to convert for housing. industry and other purposes 

I 0:15 TDC - Depart for Jaffa or King David Hotel 

11 :00 TBC Quick stop at Abulatia Bakery at 7 Yefct St, Jafla 

12:15 An·ivc King David Hotel, Executive Time 

12:30 Private Lunch TBD 

14:45 !Vkcting with U.S. Ambassador Friedman, location: King David Hotel, room TBD 

February !6, 20 I 8, 9:30 a.m. EST 
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15:00 Depart for Meeting with Prime Minister Benjamin Netanyahu. location: Prime 

Minister"s Ol1ice. 3 Kaplan St, Jerusalem 

15:20 Arrive at Prime Minister's Ol1ice 

15:30 Courtesy Meeting with Prime Minister Benjamin Netanyahu 

(with participation of US Ambassador Friedman and Minister Elkin) 

POC: [MFA will send info J 

16:30 Depart f()r Clean Energy Roundtable, location: King David Hotel, Olive Room 

17:00 Clean Energy Roundtable with Ministers TBD. and Power Utility and 

Environmental Technology Representatives 

POC: Adam Schalimtzck. +972-50-623-3136 

• Using /echnology to address environmental challenges from emissions(}( 

mercury, NOx. SOx, and parliculate malfer 

18:00 Executive Time 

18:15 Dcpm1 for Private Dinner in Old City of Jerusalem, location: Hatamid Street 6 

18:45 Private Dinner 

20:45 Depart for King David Hotel 

21: 15 Arrive at King David Hotel 

RON: 

King David Hotel 

23 King David St. 

Jerusalem. 941 01 

Hotel Tel. 1"972-2-6208888 

Website: https://www3.danhote!s.com/Jerusalc:m[lotels/KingDaviQl!;ntsalemHotel 

Thursday, Februan· 22 

06:30 Luggage Call all luggage must be in lobby by this time 

07:00 Depart for Port of Haifa 

09:00 Sustainable Ports Site Visit to the Port of Haifa 

POC: Nurit Stork, 050-623-3352 and Rani Amir, 050-623-3050 

February 16.2018,9:30 a.m. EST 
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• Highlight possible cooperation ben•·een EPA and Israeli counleqJarts on 

marine filler and sustainable ports issues by seeing the Pori o{J/aila 's 

ef}orls to green I he Port 

View the Portji·om rooftop olgovernment building (Sail Tower) to gain an 

understanding ofrhe il?frasrrucrure and environmental chullenges 

Bout lour i![ the Port 

I 1:45 Depart for Lunch, locution: Eatalino dalla Costa, lla i\liya Hu Shinya St. 96 

12:00 Lunch at Eatalino dal!a Costa 

13:15 Depart to Sea of Galilee, location: Capernaum and other locations 

14:30 Tour of Galilee Region 

16:00 

18:15 

20:00 

20:45 

21:10 

23:10 

Capermwm 

• Church o.fPeter 's Primll(l' 

• Church of the Aluil!iplimtion 

Church of the Beatitudes 

Depart for Dinner, location: TBD in Tel Aviv 

Dinner 

Depart for Tel Aviv Airport 

Arrive at Tel Aviv Airport 

Farewell Meeting with Minister of Environmental Protection Zeev Elkin, 

location: Arbel Lounge, Ben Gurion Airport 

POC: Rachel Gur. +972-50-843-8948 

Depart Tel Aviv on UA 91 

Friday, February 23 

04:35 

06:05 

07:35 

Arrive Newark 

Depart Newark on UA 4831 

Arrive lAD 

February 16, 2018. 9:30 a.m. EST 
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Israel Do's and Don'ts 

Millions of people travel to Israel each year. The Middle Eastern country relics on tourism as a 

major part of its economy. There is much to see in Israel, including many historical and religious 

sites, seemingly endless museum options, archaeological sites and even sunny beaches. Although 

Israel does have many similarities to the United States, a place where a large portion of the 

tourists in Israel come from, there are still some cultural differences that require proper etiquette 

from outsiders. The Jolluwing dus and don'ts apply to visitors: 

llo's 

• Do Use Local Greetings: You are not likely to offend anyone in Israel by trying to use 

the country's traditional greeting. Just as Americans do not take ofiense to visitors from 

other countries saying "hello." you are welcome to use the Israeli greeting "shalom" 

when you visit. It will help you blend in with the locals. The literal translation of the 

traditional greeting is "peace," and it is used for both hello and goodbye across lsmeL 

• Do Resp1.-ct .Jewish Holidays: Respect the Jewish holiday, the Sabbath. which starts at 

sunset on Friday and ends at sunset on Saturday. Islamic owned businesses will be closed 

all day Friday and Christian businesses all day Sunday. 

• Do H.espect Body Language and Personal Space: Shaking hands is the normal way of 

greeting an Israeli business contact. If possible, avoid shaking with your left hand, as the 

left-hand is considered unclean (particularly by Arab Israelis). Personal space is much 

smaller in Israel than in North American and Asia, and lsmelis will put a hand on your 

shoulder or your arm during conversation. If an Israeli invades your personal space, stay 

where you are. Taking a step back will offend your partner. 

Do Ask Questions: Be curious about the places you visit. In Israel, there is a proud 

culture among its citizens. They enjoy talking about their country. the sites to see, the 

Jewish religion and even politics. You should not shy av.'!ly from talking to locals about 

these subjects if you are in a conversation with a person who knows all about the area. 

• Do observe dietary laws: Remember that many lsmelis have a variety of dietary laws. 

Inquire after them before hosting a luncheon or dinner. 

• Do leave a ti11: Israeli \Vlliters, ml<l Tel Aviv waiters in particular, live off tips ruther than actual 

salaries, so tipping is very common. mJd quite high- at about I 0-15% of the meal. In faet, tipping 

is so common. it would be considered very rude not to leave one. Even if the service was bad. it is 

customlU)' to leave no lcs,s than 10%, and if you were happy with the service, leave around 15%. 

You may. is most places. ask lor the tip to be included in your card payment. Note that Israelis 

aren't shy at all. and perhaps even too direct- the waiter will have no problem walking you out of 

the rest."'UI'illlt rutd ask why you didn't leave a tip. 

Page 1 of2 
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34698.099

Don'ts 

• Don't Smoke on Saturday: Smoking is considered ill manners at certain times or in 

certain places in Israel. You will want to observe no-smoking signs wherever you arc in 

Israel, but keep in mind that smoking is in direct violation of the "Shabbat." a religious 

day observed on Saturdays in Israel. If you can retrain from smoking that day, that's a 

plus. Otherwise, you should at least avoid doing it around religious places or in the 

presence of Orthodox Jews. who may find it offensive. 

• Don't touch an orthodox person of the opposite sex: Orthodox Jewish laws restrict physical 

contact with a member of the opposite sex unless it is a dose member oftl1e family such <L~ 

spouse, parent, child, or sibling. Even though tl1ere arc many dilll-rent observance levels, and 

most Israelis would have no issues at all with the matter, very Orthodox Jews make sure to keep a 

sate distance with a member of the opposite sex. so don't be surprised if they ask to move seats 

on a plane or a bus to avoid accidt111lll touch. 

• Don'tJa)'walk: Even though it is mru1datory in Israel to stop at every cros.~ing where a person is 

IV.titing. no driver in Israel can be tmskxlto pay attention. "1111: driving in Israel is a little crdZy <l~ 

locals are always in a msh, and not vei)' patient. Never cross the 51rect without carefi.tlly looking 

around. and make sure no one is spc..'eding at you trom both directions. 

Don't be alamted to see armed soldiel'l!: cvcl)·whc~: Anny service is mandato!)' in lsmel. so 

each and every 18-yeru·-old, boy or girl, will be drafled into the Israeli Defense Foret'S. It may be 

shocking at first to see rumed soldiers w.tlking dov.m the street holding hands. enjoying lunch at a 

restaurant, or even sitting at tl1C beach, but bear in mind that this is completely nonnal in Israel 

and those 1-veapons arc only there tor defensive purpOS'-'S. 

Sourees: 

http:Ctmveltips.lll'.':!tild~a.Y.cQIJ1(4<ls.~!()Ilts:v.L~.itirlg:J~mcl:: 

J.QQ.873,htnllhttp/ltraydtips.u~<!!ml;Jy:_,,:Qmirr<mcr:flrc~s:£,,<:l.c:!r[L'cl:J.:u:;g;J:IDJ)O(l:l,lnn11 

!11![>5; :_.·r 1Jc:c.l!.ILt!~£!OJ?,f.!!!llf.mifi!Jlc~!::!!!i5m£l:';l!Jkl £ s.:JJ~IlliDJ.:.~:X1)J!:.&Hl\tl\l:t.1.£Y£I:£!n.:i!J • i ~.m.cl: 

~Y~I: 

Page 2 of2 
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34698.100

Dress Code 

General 

• Dress codes are pretty simple and are common sense in Israel, but there are a few rules to 

consider. Business attire for official meetings tend to be more casual and men may not 

wear neckties, but they will not be surprised or disturbed i r USG officials wear them 

(high·ltvd USG visitl•rs do). Make surt you pack conservatiw clothts for visiting 1my 

religious sites. Men should not wear shorts or go without shirts around these sites. When 

visiting Jewish shrines or memorials, it is also proper for men to cover their heads. Often 

there will be a complimentary yarmulke, a small skullcap, available to visitors who need 

to cover their heads. Women should not dress in anything that exposes bare legs or 

shoulders while visiting a holy site. 

Ultra-Orthodox Jewish Neighborhoods 

• Some Israeli cities house neighborhoods with strong ultra-Orthodox beliefs. If you plan 

to visit one of these neighborhoods, Meah She'arim in West Jerusalem is an example, 

ensure you are dressed appropriately. For men, this means not wearing shorts, but for 

women the list of requirements is longer. Female travelers should avoid wearing trousers 

or jeans- select a long skirt, ideally well below the knee, and a blouse that covers your 

shoulders and upper arms. The U.S. State Department warns that people failing to dress 

appropriately in these neighborhoods may be assaulted, stoned or spat on. 

Arabic Neighborhoods 

• The West Bank, Old Jerusalem and East Jerusalem are all societies dominated by an 

Arabic value system. Again, this has an impact on the styles of dress considered 

appropriate. Never w-ear shorts or an out!it that leaves your midriff bare in Arabic 

society this is considered unacceptable. Women traveling alone should only visit these 

areas with a companion, ideally mole, because cultural values are such that Muslim 

women rarely go out by themselves. 

Religious Sites 

• It's always wise to dress modestly if you plan to visit religious sites, whether they are 

Christian. Jewish or Islamic. Doth men and women should avoid wearing shmts or tops 

with short sleeves or that leave the midriff exposed. At Jewish places of worship, men 

should keep their heads covered, but no hat or head covering is needed in a Christian 

church. If you are in douht, ask before entering the building 

Sources: 

hllll.;/L!rn_veltiP.s.usatoday.com/dos-donts-visjting·israel1 00873.htmlhttp:/ftraveltips.usatoday.qQm/propcr-dress-eodc-tmvel-israel-l 06003.html 

Pagel of l 
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ScottPNittMadBPul>llcServanl!iFetchHI$PratalfiBafsandGrookYogurt 

SWEET TOOTH 

< HOMEPAGE 

https /N.ww.thedallybeast.oomlscoll-prurtl-mad&-pubhc-servant!-'fetdl-hl&-protaill-bar&-and-greak-yogurt 
129 


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6/18/2018 Soon Pruitt Made Public Serva11ts Fetdl Hts f'rotell1 Ban; and Greek Yogurt 

The administrator prefers pour-over c<~ffC'(;'·aJ.ld T)(i,lll '&'heLiiC~'·fii1g·E'r'f00(IS. and exp~?c'is pntJ)ic 

setvants to pro\'ide him \Ylth them. 

LACHLAN MARKAY, ASAWIN SUESSAENG OS.Q7.18 B:27 PM ET 
130 


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If you've worked for Ss.:!ill J.Iu.i11, there's a not-insignificant chance that you han~ retched him his favorite junk-and health!-

food \vhile on the job. 

According to four sources familiar "'ith the work t'Ovirvnnwnt at the Emironmental Protertion Agency. its s(·andal-pl<~gued 

EPA administrator has regularly sent his subordinates out during tht' workday to pick up his favorite snacks and treats. Pruitt 

ha.s bet~n known to send staffers on these errands at least tv.ice a week, ""ith some sources describing his demands as 

"eonstant," and others merely noting that he docs this "frequently:' 

''I can'ttell you hO\\-' many times I was sent out to get protein bars on tht• ordrrs offPru.itt]," one person told The Daily Beast. 

Beyond the protl'in bars, Pmitt abo has a well-known sweet tooth, and often tells staffers to make a grocer;.• run to get his 

preferred swC'Cts, cookies, and Greek yogurt, among other itf.'ms, sourcf.'S say, 

{ HOMEPAGE 
131 


34698.104

Sootl Pruitt Milde Public SE!rllanfs Fetch Hi$ Prote1n Bars and Greell Yogurt 

Pruitt's tastes in snacks are raiher refin~d, acco;di~'g t~f'~~~~·~i·d;: H~'·j~.P~rtic~la~IY ·f~nd .of fi~; fO~d fr~~ the upscale 

eatery Dean & Deluca, according to a former EPA official. Pruitt is also particular about his coffee tastes, the former official 

said, and would often direct an aide to brew him pour~over coffee, which he prefers to more run-of-the-mill brewing 

methods, 

An agency spokesperson declined to comment directly on this story. "EPA will not he commenting on anonymous sources 

who are working to distract Americans from Administrator Pruitt's accomplishments on regulatory certainty and 

environmental stewardship," the spokesperson told The Daily Beast in an emailed statement. 

Pruitt's use of official re.<;ources to nm personal errands is just the latest in a long string of controversies that have dogged his 

tenure a.<> the nation's top environmental regulator. On Thursday, the Washington Post reported that Pruitt has also tasked 

his security detail with personal tasks such as picldng up his dry cleaning and fetching him hand lotion that is apparently 

available only at Ritz Carlton hotels. 

RELATED IN POLITICS 

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the Trump Administration 

Also this week, emails obtained through the Freedom of Information Act by the Sierra Club~ an environmentalist group~ 

showed a top ,Pruitt, aidt; seeking a used ~attress (o:r tP,e admiJ1istra,()J; frqm, '*e 'I'n,unp Int~m.a"P.ol!,aJ ,Hqt,~l ,~J6:~hJJ!gf.pn} 

< HOMEPAGE 

httpsl/lli'ww.!hedallybeastcomi$CO!t-prultt-made-publio;.servants.teteh-hls-prot&ln-bars.and-greek-yogurt 
132 


34698.105

and inquiring about the purchase of a Chick-fil-A franchise on Pntitt's \\ife's bt•half. That aide, Millan Hupp, .IJ!Sigru:..d.t.hi.s 

~. 

Sut'h praC'tkes have dra\'m the ire of t.>thks watchdogs, who balk at top gtwernment official tL<>ing his offidal staff to nm these 

tn)e.'> of pt.>rsonal<.>rrands. Stories like this one, howeYer, ar(' nothing new for Donald Trump's EPA administrator, who has 

managed to surdn• intense scrutiny of his spending on first class airfare, and his one-time accommodations in a Capitol Hill 

house owned by the , • .-ife of an t-ncrgy lobbyist 

N(•vt.•rthele!'is, Pruitt maintains the support of the president, at lt~ast publicly. But multiple current and former administration 

officials told The Daily Beast that morale on Pruitt's staff is currently in the pits. 

One source described the work t.•nvironmcnt as a "hell holL•,'' when~ many staffers, some of'ivhom had beE'n eyeing the exits 

for months, have now b..olJ;cl, and scv(~ral still remaining arc quietly looldng for othet· jobs. In addition to Ilupp. Sarah 

Gret•nwalt. a S('nior counsdor to Pmitt. n•signed this ...,;t•ek 

As Pmitt has lx~comc increasingly isolated in his position-'i\ith nunwrous White IIousC' st~nior officials, incllliliog~ 

S.taff.John Kelly,. wishing him gom• as soon as possible-multiple .soun'('S said that the EPA <:hi({ continues to shan• a familiar 

trait 'ovi.th his boss-a refusal to say, ''I'm sorry." 

GET THE BUSTIN YOUR INBOX! 

In the months sinrc the deluge of negative news stoties and n•vclations bt•gan, sources familiar all told The Daily BL•ast that 

Pruitt hasn't convened a meeting of staffers to apologize for what he has put them through, or thanked them for their work 

defendin~ him oubliclv and orivatelv. 

< HOMEPAGE 
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Scott ?ru1tt Made Publie Servants Fetch H1s Protein Bars and Greek Yogurt 

In private conversations with groups of staffers, Prn'itt·i~·~own to t~ik.largely about himself. 

"Narcissist," one former administration official bluntly assessed. 

;:;;;,:;;;:!f.!:r: ~-;~,;;:;::;::;:;;:i:;:l 

Retirees 

UNDERGROUND 

FINANCE 

TQPHATTER 

ABBV!E 

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34698.107

Aide Sought a New Apartment for Scott Pruitt. and an 'Old Mattress' From Trump Hotel· The New York Times 

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SUBSCR1BE LOG !N 

Aide Sought a New Apartment for Scott 

Pruitt, and an 'Old Mattress' From 

Trump Hotel 

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-\ak S(lug:ht a New Apartment fnr Scott Pruitt. and an 'Old Mattress· From Tmmp Hotel- The New Ynrk Times 

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having her help him search for an apartment as well as to try to procure a usPd 

n1attress from the Trump International Hotel, congressional transcripts show. 

The aide, Millan llupp, who serves as Mr. Pruitt's scheduling director, also 

helped :VIr. Pruitt obtain tickets to last year's Rose Bowl football game. The 

details came from a Pllill,ILtransu:ipt of an interview Ms. Hupp gave last month 

to congressional investigators, who are looking into Mr. Pmitt's fut::claos 

tJ:aYcLsp~mling!ln ~ccurit,:.muloth"r.111anaJ,;_Qlllclltdecisions at the E.P.A. 

The partial transcript was released Monday when Democrats on the House 

Oversight Committee wrote a letter to Representative Trey Gowdy, the 

Republican dmim1an, asking bim to subpoena documents from the E.P.A. 

regarding Ms. Hnpp's real estate work. 

At the time :V1s. Hupp was apartment-hunting for Mr. Pruitt, the administrator 

wasJh:il!l<.ill.lmt1Ki!llUU:.~m!:!.tk;~J~LCapilulllill!.J.Ulliu he was renting from 

the wife of a lobbyist who had busine~s before the K P.A. Mr. Pruitt paid Sso a 

night when he was not traveling to live in the unit. 

In the letter, tbe ranking Democrats on the oversight panel, Representatives 

Elijah E. Cummings of Maryland and Gerald E. Connolly of Virginia, accused 

Mr. Pruitt of "multiple abuses of authority" by using agency stafffor personal 

assignments. 

Federal ethics standards prohibit such personal assistance by a subordinate, 

even if the employee is working outside of office hours, as Ms. Hupp said to 

investigators that she did. One provision bans the use of government time to 

handle personal matters. A second provision prohibits bosses from asking 

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Aide Sought a Nev. Apartment fOr Scott Pruitt and an 'Old MatlTCss· From 'I rump Hotel~ The Nc'" York Times 

employees to handle personal matters for them outside of the office. 

"Directing or coercing a subordinate to perform such activities during nonduty 

hours constitutes an improper use of public office for private gain," "~.:u . .trdin~ Iu 

th..:. Stand.ard~ uiE.thkaLC.o.ndm:tfm:.Emp1oy\:i::i of the executive branch. 

Asked on Monday about Ms. Hupp's mattress-shopping on behalf of Mr. Pruitt, 

Sarah Huckabee Sanders, the White Honse press secretary, said the 

administration is "certainly looking into the matter." She added, "I couldn't 

comment on the specifics of the li.trnitnre used in his apartment.'' 

Mr. Pruitt, during iLS\:llatc.h!CilJ:ill)'..in_Jlay, acknowledged that Ms. l!upp did 

unpaid work for him by searching for new housin).'; on her personal time. Ms. 

Hupp told investigators that she performed the errands h>r lVIr. Pruitt on lunch 

hours, evenings and vacations. 

She also said she did not use her official E.P.A. email to conduct Mr. Pruitt's 

personal business. However, doenments released to the Sierra Club under the 

Freedom of Information Act suggest otherwise. 

In one exchange, in .July, Elizabeth Tate Bennett, an E.P.A. senior deputy 

associate administrator, introduced Ms. Hnpp to a Capitol Hill real estate agent, 

.John Walker, describing Mr. Walker as someone who "places members of 

CongrPss in homes on the hill regularly ... 

:VIs. Hupp, she told the real estate agent, would like to "get coffee with you as 

well regarding the other matter we discussed previously." 

Reached by phone :Vlonday, Mr. Walker acknowledged the emails and said he 

ultimately didn't work with Ms. Hupp or Mr. Pruitt. "Never met with either one 

of them, never showed them any places," he said. 

As for the mattress, it remains unclear why Mr. Pruitt wanted it or whether he 

ultimately purchased one. On September 14, Ms. Hupp sent an email to the 

general manager of the Trump International Hotel in Washington with the 

subject line "Inquiry on behalf of EPA Administrator Scott Pruitt." 

A~ ked about the note, 1V1s. Hupp told House in\'estigators, "I do not recall 

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,\ide Sought a Nev. Apartment for Scott Pruitt. and an ·O!d Maltress' From Tmmp Hotel- Tht New York Times 

sending this email, but I do recall there being discussions about the possibility 

of securing an old mattress from the Trump Hotel." 

"Discussions with who?" the investigators asked. 

"With the administrator," Ms. Hupp replied. "I don't recall specifically, other 

than he had expressed interest in securing a mattress." 

Ms. Hupp said she did not remember more of the interaction with the Trump 

Hotel, including whether a mattress was ever purchased. 

Amanda Gonzalez, a spokeswoman for Mr. Gowdy, on Monday criticized the 

decision by Democrats to release p11rt of Ms. Hupp's statements. "Selectively 

releasing portions of witness interview transcripts damages the credibility of 

our investigation and discourages future witnesses from coming forward," she 

said. "The Committee will continue conducting a serious, fact-driven 

investigation, and therefore will wait until the condusion of our investigation to 

release our findings." 

Ms. Gonzalez did not respond when asked if Mr. Gowdy would suppmi using 

his subpoena power. The Democrats cannot issue one on their own. 

Jahan Wilcox, a spokesman for the E.P.A., said in a statement, "We are working 

diligently with Chairman Gowdy and are in full cooperation in providing the 

Committee with the necessary documents, travel vouchers, receipts and 

witnesses to his inquiries." He declined to provide information nbont the 

mattress. 

Robert Weissman, the president of Public Citizen, a nonprofit ethics group, said 

that Mr. Pruitt's reliance on l\ls. Hupp was a violation offederal ethics rules. 

"Pruitt apparently believes the agency is at his serv·ice to attend to his personal 

needs, whims and desires for luxurious accommodations," Mr. Weissman said. 

"Usually public servrants think they are working for the public." 

Miekael Damelincourt, the managing director at the Trump International Hotel 

in Washington, Mary Hapner, a former aide to Mr. Damelincomi who has since 

left the company, and Noelle Zielinski, a spokeswoman at Trump Organization 

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A1dc Sou!;!ht a Ncw Apartmcnt fbr Scott Pmitt and an 'Old Mattrcss' From Trump Hotel~ The New York Ttmcs 

\IUS 

Ll' rv; 

in New York, each declined to comment on the inquiry by Ms. Hupp about the 

mattress. 

0 

US' IT\( ;s & \lORE 

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For Pruitt Aides. the Boss's Personal Life Wa-. Part of the Job· The New York Times 

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For Pruitt Aides, the Boss's Personal 

Life Was Part of the Job 

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Scott Pruitt, the Environmental Protection Agency's administrator, Staffmernbers said they felt pressured 

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For !'ruin Aldcs. !he Boss's Personal Life Was Part of the Jo" ·The NC\\ York 1 imcs 

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interviews with four current and former E.P.A. officials who served as top 

political aides to Mr. Pruitt. 

The officials said that Mr. Pruitt, who "had a dear sense of entitlement." in the 

words of one of them, indicated that he expectPd staffmemhers' assistance with 

matters outside the pun-;ew of government, induding calling on an (~xecutiYe 

with conneetions in the energy industry to help st•curc tickets to a sold-out 

football game in ,January at the Rose Bowl. 

The aides said the administrator who is the subject of lUltllipkm.~:.,·:;ti.gilli.DILs 

Q.I:J.CU1bi..:s.Ulu.lulll.u..i~l.li:.S. but has been defended by President Tmmp as a 

champion of environmental deregulation- bad also made it clear that he had 

no hesitation in leveraging his stature as a cabinet member to solicit favors 

himself. 

At least three E.P.A. staff members were dispatched to help Mr. Pruitt's 

daughter. McKenna, obtain a summer internship at the White House, the 

current and former staff members said. 

Kevin Chmielewski, who was Mr. Pruitt's deputy chief of staff for operations 

until February, recalled a conversation last year whenl'v!r. Pmitt instructed him 

and otlwr top aides to ''see \vhat yon can do'' about getting the internship, a 

highly competitive and prized post in Washington. Ms. Pruitt was selected as an 

intern last smnmer. 

"We were constantly fielding requests like this, even though this had nothing to 

do with running the E.l'.A.," Mr. Chmielewski, one of the four political aides, 

said in an interview. 

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For Pruitt Aidt•s, the Boss·s P-ersonal Life Was Part of the Job~ The New York Times 

Jahan Wilcox, Mr. Pruitt's spokesman, disputed the suggestion that aides 

played an inappropriate role in securing the internship and that the 

administrator expected them to help boost his and his family's standing. 

Mr. Chmielewski left the E.P.A. after falling out with Mr. Pruitt, but the three 

other aides confirmed the internship request, as well as multiple other personal 

directives from their boss described by Mr. Chmielewski. They said Mr. Pruitt 

told them that he expected a certain standard of living akin to wealthier Trump 

cabinet members. The aides felt as if Mr. Pruitt who is paid about $180,000 a 

year - saw them as foot soldiers in achieving that lifestyle. 

"The problem is he is not Trump he is not a billionaire," said one of the other 

aides, who spoke on the condition that they not be named. "But he sin(~erely 

thinks he is." 

Mr. Trump, taking questions ti·om reporters on Friday, suggested Mr. Pruitt's 

stewardship of the E.P.A. was paramount. "I'm not happy about certain things, 

but he's done a fantastic job running the E.P.A., which is very overriding," the 

president said. 

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For Pruitt Aides. the Hoss's Personal Life Was Part of the Job~ The New York Times 

Kl'Yin Chmieh~•Yski was 7'vlr. Pruitt's dC'puty chid of staff for opNations. Ht: said aides WCJ'L' ''eonstantly 

fielding n.'qucsts" that ··had nothing to do voiith running the E.P.A:· 1!" ' 

The aides said E.P.A. staff members helped arrange meetings and phone calls 

for Mr. Pruitt with influential donors to his past campaigns and political causes 

in Oklahoma, where he served as a state lawmaker and attorney general before 

joining the Trump administration. The appointments - including with Philip 

Anschutz, a Denver-based billionaire- were kept off Mr. Pruitt's public 

schedule, the aides said, because it was clear the sessions were not about E.P.A. 

business, even though agency staff was involved in setting them up. 

Aides have also been deployed on missions related to Mr. Pruitt's personal 

entertainment. 

One aide, Millan Hupp, helped book his travel to the Rose Bowl in Pasadena, 

Calif., where Mr. Pruitt had secured seats near the so-yard line for the face 

value of $175 each, documents show. The tickets, for Mr. Pruitt and his wife and 

two children, were purchased five days before the sold-out New Year's Day 

game this year. 

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For Pruitt Aides. the Bo:;s's Personal Life Was Part of the Job~ The New York Times 

Mr. Pruitt bought the tickets, the records show, from a special allotment for the 

University of Oklahoma, which appeared in the game against the University of 

Georgia. Tickets for equivalent seats were on sale on the secondary market for 

as much as seven times the price Mr. Pmitt paid, data from two ticket 

companies show. 

He obtained the tickets with the help of 1\fm;i.Sl:!::ule, an Oklahoma university 

regent who runs Saxum, a large marketing firm with energy industry cli!:nts. 

lhathaY<.' ind1Kk~d the American Petroleum Institute and G.E. Oil and Gas. 

Mr. Stone, in an email to The New York Times, eon firmed that he had 

intervened on Mr. Pruitt's behalf to help "navigate the purchase of tickets.'" 

"He asked. I was happy to assist," Mr. Stone wrote, adding that he had known 

Mr. Pruitt since 2001 and considered him a friend. 

He later w.rotl.! . ..tm.Twitte.r that Mr. Pruitt had inquired about the tickets through 

an aide. 

In a letter on Thursday, Representative Elijah E. Cummings, the top Democrat 

on the House Oversight and Government Reform Committee, as.ktd..~lL.S.tou.~C 

ll.Lpxm:.illt:..a[J)c:J:Q!ffi!l1llU:l1::lhC!ll.Witl:Ll'ilLJo.JUU, as well as any documentation 

pertaining to the purchase of the Rose Bowl tickets. He also wrote that at least 

one of Mr. Stone's clients had regulatory matters pending before the E.P.A. 

"Plains All American Pipeline," Mr. Cummings said in his letter, "currently has 

a petition before the E.P.A. to discharge hydrostatic test water from a pipeline 

in Corpus Christi, Texas:· Mr. Stone said on 1\vitter that "we don't do any work 

for clients at E. P.A.'" and would be responding to Mr. Cummings. A spokesman 

for Plains All American Pipeline said its association with Saxum ended last 

November. 

Mr. Wilcox, the E.P.A. spokesman, said in an email that Mr. Cummings "is 

misconstruing the facts." Mr. Stone "simply connected Pruitt to the athletic 

department," he said. "Pruitt purchased the tickets at face value from the OU 

athletic department. To report otherwise, is false." 

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34698.117

h1r Pruitt t\idc':i. the Bos:>'s Per,;;onal Life Was Part ofthc Job~ The New York Times 

The political aides said that Mr. Pruitt's desire to use his job for benefits 

unrelated to his E.P .A. work helped explain other actions that have been the 

subject of public scrutiny, including his tir::>l·l-:lass.Jiir:lindran:!, an aide's effort 

to hdp.il:IL Eo.litf::u~:.ifrll.CL\Wrk with a conservative politieal group, and 

amilllEL<Iide:sj!ltl.cn~\?Uillll. with the chief executive of the Chick-fil-A fast-food 

Mr. Pruitt's repeated requests of his staff have led some impmtant hackers. 

including Senator .James Inhofe. Republican of Oklahoma, to suggest that l\lr. 

Pruitt may have crossed the line and should perhaps step down. 

"''m afraid my good friend Scott Pruitt has done some things that really 

surprised me," Mr. Jnhofe told Laura Ingraham, a conservative television and 

radio host, this week. "If that doesn't stop I'm going to be forced to be in a 

position where I say, 'Scott, you're not doing your job.'" 

Questions about :vir. Pruitt's behavior as administrator have led to at least a 

dozen investigations across the federal government. The newest inquiry, by the 

Office of Special Counsel, an independent federal investigative and 

prosecutorial agency, is examining Mr. Pruitt's personnel practices and 

allegations that he may have used his E.P.A. office for political purposes. people 

with knowledge of the investigation said. At least two former E.P.A. officials 

said investigators had contacted them. 

As Oklahoma's attorney general, Mr. Pruitt earned an annual salary of about 

$1:33,000, and he had assets between $;~20,000 and $8oo,ooo, mostly in 

investment accounts, according to his disdosure documents. That included 

between $15,000 and $50,000 in a cash account. He reported a public 

employee's retirement plan worth $100,000 to $2;:;o,ooo. His wife reported no 

income. 

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For Pruitt t\1dc:.. the Bos.·.;·s Personal I .if..: Was Part of the .Joh- The Nt:w York Times 

He also said he owed between $soo,ooo and $1 million on bis $1.18 million 

home in Tulsa. 

Tbc requests to his staff for assistance began on his arrival in Washington, the 

four political aides said. 

Mr. Pruitt and his daughter lived at first in a Capitol Hill condominium that Mr. 

Pruitt rented for $50 a night, even as the husband of the unit's co-owner 

lobbied Mr. Pruitt on behalf of dients. Mr. Pn1itt later pressed a political aide to 

hclllhimtltl<..ltule_\\:_\!j)i.H1Dl!:!n1:. which he then complained was too noisy. 

Finding work for the administrator's wife, Marlyn, also became a top focus for 

agency workers, the current and former aides said. 

Despite efforts by a scheduler for Mr. Pruitt, a deal for a Chick-fil-A franchise 

did not materialize for Mrs. Pruitt. But a spokesman for .Judicial Crisis 

Network, a dark-money group that helps get conservative judges named to 

federal courts, hired Mrs. Pruitt last fall after her husband's aides and a 

longtime supporter intervened, agency staff members who worked on the effort 

said. 

Mr. Pruitt's interest in meeting with former political donors, the current and 

former aides said, was based on expectations that he might want to run for the 

United States Senate or some other office. 

During a trip to Colorado last August, Mr. Pruitt reserved time for a meeting 

with Mr. Anschutz in what was listed only as a "private meeting." Ryan Jackson, 

lVIr. Pruitt's chief of staff, helped set up the meeting, according to agency 

officials. 

JV!r. Chmielewski, the former deputy chief of staff, said that when he arrived at 

the office of Mr. Anschutz, a major Republican fund-raiser and owner of the 

Oklahoman newspaper, he questioned why the meeting would be among the 

administrator's visits that day. Mr. Chmielewski said an agency colleague told 

him it was about fund-raising. 

Mr. Wilcox said Mr. Pruitt was allowed to set up personal meetings during his 

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h1r Pruitt Aides. the Boss's Pcrsonnl Life Was Part of the Job- "nu: New York Times 

trips. A spokesman for Mr. Anschutz tlel'lincd to comment. 

:VIr. Pruitt also had his staff include various sporting events in his schedule, 

which involved hringing his considerable E.P.A. security detail with him, the 

current and former aides said. 

Among the sporting events aides helped arrange for Mr. Pruitt to attend were 

two Washington Nationals baseball games, including one on ,July 5. when they 

negotiated access for Mr. Pruitt to the team's batting practice before a 

scheduled matchup with the New York Mets, according to emails obtained by 

the Sierra Club. 

"Thanks for taking my call this morning! If we could arrange for Administrator 

Pruitt to come to batting practice before ,July sths game, that would be 

wondeiful!" Madeline :V·Iorris, then an E.P.A. aide, wrote in an email to the 

Nationals' \'ice president for community engageml'llt, Gregory McCm1hy. 

Emails show that Mr. Pmitt's wife and two children also planned to attend the 

July game, and that E.P.A. officials coordinated security arrangements and a 

motorcaclP with the Nationals' staff. The game was postponed because of 

inclement weather, and it is unclear whether Mr. Pruitt attended another game 

instead. ,Jennifer Giglio, a spokeswoman for the Nationals, declined to 

eomment. 

Mr. Pruitt did score free tickets for himself, his wife and his chief of staff to 

a Sept. 28 Nationals game against the Pittsburgh Pirates, according to a 

spokesman for Gov. Gary Herbert of Utah, who provided the tickets and said he 

used the game as a chance to discuss a Superfund cleanup project at a shuttered 

gold min(' in his state. 

"The two sat side by side for a few innings and discussed the Gold King Mine 

issues," Paul Edwards, a spokesman for the governor, said in a statement. 

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34698.120

For Pn!i!l Aides. the Bos...;.'s Personal Life Was Part orthe Job~ The New York Times 

Last fall, Mr. Pruitt was on hand for at least three home games in Norman, 

Okla., as the University of Oklahoma's football team steamrollered its way to a 

conference championship, university records show. 

Days before a game in mid-September against Tulane llniversity, an E.P.A. staff 

member wrote the campus police requesting four passes for Mr. Pruitt's 

security detail. 

The university pro'<ided documentation showing that Mr. Pruitt paid face value 

for two tickets for three home games. It also acknowledged that Mr. Pruitt was 

given special aecess to a group of 750 reserved tickets at the Rose Bowl. "Mr. 

Pruitt purchased his tickets from a block of tickets that the university holds for 

discretionary use at all of its teams' games," the university said in a statement. 

Mr. Pruitt on Thursday evening demonstrated how he had kept Mr. Tnunp, at 

least until now, focused on his business-friendly agenda at the E.P.A., not his 

personal beha\ior and various investigations. On Twitter, h\C_postrd 

plLOhl~WI-Ph of himself sitting at Mr. Trump's desk at the W'hite House, 

announcing that the E.P.A. had just rolled back another Obama-era regulation, 

a clean water rule. 

"Happy birthday. Mr. President!" he added. 

Correction: 

An earlier version of this article included an item that er'roneously descn'hed 

Scott Pruitt:~ use 11f'his position at the Envimnmental Protection Agencyjo1' 

personal matters. While a Virginia lawmaker, William Howell, said he wrote 

a letter· qf' recommendation to the University qf' Virginia Law School on helwlf 

ojMr'. Pnlitt's daughter, McKenna, he actually wrote it while Mr. Pruitt was 

the attomey genem/ qf'Oklahoma. After· puhlication qf'the article, additional 

reseal'ch hy a legislative aide, Mr. Howell said, showed he lwd inemTeetly 

stated the date C!t'lhe letter, wlziclz he said was act1wlly written on Nov. 1, 

2016, more llwn three months before Mr·. Pruitt was cmjflrmed as E.PA. 

administrator, in February 2017. The law school, which had declined to 

comment for the article because of privacy concerns, issued a statement on 

Sahll'day saying Ms. Pruitt had given the school permission to corjfil'ln that 

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For Prmtt Aitles. the Boss's P..:rsonul Lift: Was Part of the Joh- The Nc\\ '(ork Times 

she had been r1flered early admission in lute November 2016 and that the 

"application wa.~ evaluated accordiny to our usual admissions procedures.·· 

11ze material about Ms. Pruitt~~ application has been rcmovedfrom the article. 

Eric Upton and Usa Friedman reported from Washington, and Steve Eder and Hiroko 

Tabuchi reported from New York. Coral Davenport contributed reporting from Washington 

0 

Related Coverage 

Scott Pruitt Sought 'Business Opportunity' With 

Chick-fil-A While Leading E.P.A. 

Aide Sought a New Apartment for Scott Pruitt, 

and an 'Old Mattress' From Trump Hotel 

A Courtside View of Scott Pruitt's Cozy Ties With 

a Billionaire Coal Baron 

Show All 

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Scott Pmitt Sought 'Business Opportunity' With Chick·fii~A While Leading E.P.A. ·The New York Times 

o D 

Scott Pruitt Sought ~Business 

Opportunity' With Chick-fil-A While 

Leading E.P .A. 

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S'.:ott Prmu Sought 'Business Opportunit)" With Chick-lil-A While l.caJing E I'.A. ·The Ne\~ Y(lr"- Time;; 

0 

poiJtH'al aute the task ot 11e1pmg 111111 seek a .. hus1ness opportumty tor Ins wtte 

with the fast-kJOd chain Chick-fil-A. 

Emails released to the Sierra Club under the Freedom of ln!(mnation Act show 

that Sydney l!upp, a t<mner sclwduler for Mr. Pruitt. contacted Chick-til-A's 

chief executive, Dan T. Cathy, in May 2017 at Mr. Pruitt's behest to set up a 

meeting. 

After a back-and-forth in which Ms. Hupp initially said the administrator 

"didn't mention a specil1c topic" of discussion, she told the company's director 

of regulatory affairs that Mr. Pruitt's request was of a personal nature. 'The 

Administrator would like to talk about a potential business opportunity with 

l'v!r. Cathy. Nothing very pressing, just hoping to connect sometime in the next 

month or so." Ms. Hupp wrote. 

_Mr. Pruitt ultimately spoke by phone \vith Chick-fil-A representatives. 

~vir. Cathy. reached by phone, referred questions to a company spokeswoman. 

Carrie Kurlander. IVIs. Kurlander said she would not comment further. In an 

email to The Washington Post, which first reported Mr. Pruitt's effort to seek a 

business deal with Chick-til-A, Ms. Kurlander had said the call was «bout the 

possibility of Mr. Pruitt's wife, Marlyn, opening a franchise of the fast food 

chain. Ms. Kurlander told the Post that Mrs. Pruitt never completed the 

franchisee application . 

. Jahan Wileox, a spokesman for the E.P.A., did not respond to a request for 

COllllllCllt. 

Michael Brune, the Sierra Club's executive director, said in a statement that Mr. 

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s~nu Pmi!l Sought 'Business Opportunity' With Chick~tih\ While Leading LP,A, ~The New York Times 

Pruitt had been engaged in "unethically and illegally seeking personal benefits 

because of the job Donald Trump bas entrusted him with." 

The revelation that Mr. Pruitt asked an E.P.A. employee to help coordinate 

efforts to seek a personal business opp01tunity comes amid a wave of 

investigations into the administrator's spending and management decisions 

inclnding his t1rst-class travel and spending on security, as well as his decision 

last year to accept a $50-a-night lease on a condominium from the wife of a 

lobbyist with business before his agency. Currently 1'.:lLJ'cuitLfrH.:~Csl2.1~~deml 

im:l.'st~ltiWL~. 

It also comes on the heels of a transcript released by Democrats on the House 

Oversight Committee, one of the bodies investigating Mr. Pruitt, showing that 

he tasked Ms. Hupp's sister, Millan Hupp, with personal errands iru:lwlin.l'. 

jliQs.1Jl'~lLU::ietLlll<lt1ress .fmuLilieJ:OJJ.1l!llllli:I.nallimalllu1 d in Washington. 

In addition, Millan Hupp, who currently serves as Mr. Pruitfs scheduler, 

arranged personal travel for the administrator, including to the Rose Bowl game 

in California. She also went apartment hunting for him when he was moving ont 

of the lobbyist's condo on Capitol Hill. Federal ethics standards prohibit such 

personal assistance by a subordinate, even if the employee is working outside of 

office hours. 

The news prompted outrage from Democrats on Capitol Hill as well as some 

Republicans. Senator .James Jnhofe of Oklahoma, who has been Mr. Pruitt's 

longtime political patron, told CBS News that if the details proved to be 

accurate, "it would not be a good thing." 

Sarah Huckabee Sanders, the White House press sceretary, said Tuesday she 

had not spoken with President Trump about Mr. Pruitt's dealings with Chickfil-A. "We continue to have concerns and look into those, and we'll address 

them," she said of the earlier ethics questions that have been raised about Mr. 

Pruitt's oversight of the agency. 

Larry Noble, a former general counsel at the Federal Election Commission, said 

if Mr. Pruitt used the power of his office to seek a personal benefit for his "ife, 

that could he a crime. But because Mrs. Pruitt apparently did not follow through 

hurs :ifwv.w.nytimes.comf2018i06/05/climale/pmitt-ep::H:hickwtit~a.htmlf6/ 18/1018 12:09:17 PM) 
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~colt l'ruttt Sought 'Business Opportunity" \\'ith Chick~ fil-A While LcruJing E.P.A. · llll.' New Yock rimes 

OPI\'10''\\ 

\IUS 

LI\T\G 

with the venture, it might not he prosecuted as such, he said. 

!laving a subordinate like Millan Hupp perform personal duties, paicl or 

unpaid, violates civil statutes, Mr. Noble said. "Tlw problem with it is, when you 

are somebody's superior there's always the danger of coercion, .. he said. "You 

dmd have them wash your car. You don't have them walk your dog .. And you 

don't ha\'C them try to buy a used mattress from a hotel." 

0 

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Pruitt enlisted security detail in picking up dry cleaning, moisturizing lotion • The Washington Post 

sectwns l!r~e \Ua!il!ill!.110n tJost ( i j) i 

Energy and Environment 

Pmitt enlistL'tl omcurity detail in pickin~ up dry cleaning, moisturizin~ lotion 

By Juliet Eilperln, Josh Dawsey and Brady Dennis Email the author 

This post has been updated. 

Environmental Protection Agency Administrator Scott Pruitt asked members of his 24/7 security detail to run 

errands for him on occasion, including picking up his dry cleaning and taking him in search of a favorite 

moisturizing lotion, according to two individuals familiar with those trips who spoke on the condition of 

anonymity to talk frankly. 

Pruitt, who also has enlisted agency staffers in tasks including apartment hunting and sec,udng a n~~ttress for his 

personal use, faces congressional scrutiny over an expanding number of spending and management decisions. 

h!tps:ffwv.w. washingtonpost.cornJ ... pnlitt-en!isted-secmity-detail-in·picking•up-dry·cleaning~moisturizing~lotionl?utm _ tenn"".429bf77 66227[ 6118/20 18 12: 12: 56 PMl 
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l'nuu cnh~H:d s..:curity detail in picking up dry cleaning, moisturizing lotion· The \'-'ashinglOn Post 

Federal rules bar public officials from receiving gifts from subordinates, including unpaid senrices, and from 

using their office for private gain. 

A"-ked about the specific errands his security detail ran on his behalf, the EPA issued only a brief statement 

Thursday. "Administrator Pruitt follows the same security protocol whether he's in his personal or official 

capacity," spokeswoman Kelsi Daniell said. 

Since he became EPA chid in February 2017, Pmitt has n1"n~!~t!w·dr,rk prnl<'( ti1c11. The agency has 

defended such coverage as necessary because of an unpreeedcnted number of threatening comments, such aR one 

from a group that this wt.>ck tweeted out his home address in Tulsa. But a recent letter from the EPA's Office of 

Inspeetor General and emails obtained by The Washington Post suggest Pruitt was mor~ CHncerned about being 

shielded from public anger over the president's policies. 

EPA staffers also cited security concerns in explaining why Pruitt switched to flying first class after an indhidual 

approached him in an airport last year and used vnlgar language. The administrator said he left decisions about 

his protective detail to his agents, though he returned to flying coach earlier this year. 

The protective detail ,-oc-t uc ... pay\'r~ lW;trly miHi1ll\ during Pruitt's first year on the job, according to EPA 

data, and is roughly triple the size of those of his immediate predecessors. 

While EPA security agents are required to protect Pruitt at all times while he is working and during his off 

hours -the hvo indi,iduals said the administmtor had asked members of the detail to perform tasks that go 

beyond their primary function. In one instance, they said, he directed agents to drive him to multiple locations in 

search of a particular lotion on offer at Ritz-Carlton hotels. 

One other occasions, they added, he asked agents to pick up his dry cleaning \vithout him. 

The top Democrat on the Senate Environment and Public Works Committee, Sen. Thomas R. Carper (D-Del.), 

reiterated his call that Pruitt step down. 

"American!'> deserve an EPA administrator who will work to carry out the agency's mission to protect the public's 

health and our environment," Carper said. "Instead, Mr. Pruitt is using this critical agency to do his personal 

bidding on the taxpayers' dime. Americans are fed up, Enough i.s enough.'' 

Carper and fellmv Senate Democrats Tom Udall (N.M.) and Sheldon Whitehouse (R.I.) \\TOte the EPA inspector 

general on Thursday to request that he add to his current probes and examine Pmitfs efforts last year to help his 

wife secure work, including n franchise with the fast-food chain Chick-fil-A. 

TI1e Washington Post reported Tuesday that the administrator had his scheduler email the company's chief 

executive last May to request a meeting with Pruitt on "a potential business opportunity." The two men never got 

together, but Pntitt did speak v.'ith someone from the company's legal department, revealing his interest in 

Marlyn Pruitt becoming a Chick-fil-A franchisee. 

She started but never completed the franchise application. 

The Democrats are not the only one.<; seeking the inspector general's revie\\,' of that episode. The Campaign Legal 

Center. a nonpartisan nonprofit group, wt> 11 c Inspector Genera] Arthur Elkins .Jr. on Friday to say thnt Pruitt's 

behavior "constitutes a misuse of his position for his family's private financial gain ... 

Pruitt's use of his subordinates to perform uonofficial duties has alr-eady caused upheaval within the agency. 

Earlier this week, the EPA's director of scheduling and advance, Millan Hupp, gave notice of her departure; her 

hHp$ :.' <'\\ '\\ \\ . washlngtonpi 1st. com/, .. pruiH -en !istcd-security-detail-in~picking.-up-dry-clcaning-tlloisturi.l.ing-lotion/?tltm ... tenn==- 42%1776b227{ 61 18 '10 l S 12: 12:56 P\ 1 ] 
155 


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l'nutt o.:nhst-t."d sccunty do.:tail in picking up dry cleaning, moisturir.ing lotion· The Washington Post 

last day will be Friday. Hupp helped search for multiple apartments for the administrator over a period of 

months, booked his private travel and inquired about the availability of a mattress at discounted cost from the 

Trump International Hotel in Washington. 

A S(~cond top Pmitt aide, senior ad..,iser Sarah Greenwalt, informed colleagues on Wednesday that she also is 

leaving the EPA and returning to Oklahoma for work at a state agency. 

Julie Tate contributed to this report. 

Read more: 

Juliet Eilperin is The Washington Post's senior national affairs correspondent. covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She Is the author of two books- one on shark$ and another on Congress, not to be confused 

with each other- and has worked for The Post since 1998. Follow @eilperln 

Josh Dawsey is a White House reporter for The Washington Post. He joined the paper in 2017. 

He previously covered the White House for Politico, and New York City Hall and New Jersey Gov. 

Chris Christie for the Wall Street Journal. Follow @jdawsey1 

Brady Dennis is a national reporter for The Washington Post, focusing on the environment and 

public health issues, He previously spent years covering the nation's economy. Dennis was a 

finalist for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow @brady_dennis 

hHps.>''\\ ww. washingtonp<~st.com!.. pmitt-enlisted-sccurity-dctai!-in·picking·ur--dry-clcaning·moisturizing·lolioni'?utm _term"".-129bf7766227[6/181::!0 18 12·11:5(1 PM I 
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6/2112018 

AP 

-

By MICHAEL 

BIESECKER 

Apr. 18, 2018 

https://ww> 

RELATED TOPICS 

Oklahoma 

Airlines 

Scott Pruitt 

Travel 

Politics 

More from North America 

EPA chief sat in coach when not flying on taxpayer's dime 

WASHINGTON (AP)- Environmental Protection Agency 

Administrator Scott Pruitt flew in coach-class seats on at least two 

trips home to Oklahoma when taxpayers weren't footing the bill, 

despite claims he needed to travel in first class at government expense 

because of security threats. 

Copies of Pruitt's official schedule released this week following a public 

records request show flights made in August and October to Tulsa on 

Southwest Airlines, a budget carrier that doesn't offer premium-class 

seats. 

The Associated Press reported earlier this month that an EPA official 

said the administrator sat in coach on personal flights to watch college 

football games using a companion pass obtained with frequent flyer 

miles accrued by Ken Wagner, a former law partner Pruitt hired as one 

https :/ lwww.apnews.comlbbe6f9c6266c4d249b9924ef4 e 7 e 7 55e 116 
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6/21/2018 EPA chief sat in coach when nol flying on taxpayer's dime 

of his senior advisers at EPA. The official spoke on condition of 

anonymity citing fear of retaliation. 

Pruitt's full-time security team still accompanied him on the trips to 

Oklahoma, with their travel expenses still borne hy taxpayers. The EPA 

administrator ha.~ said the agency's security officials determined that 

he should fly in first class during government trips following 

"unpleasant interactions'' with other airline passengers. 

Asked Wednesday about the records reviewed by AP, EPA spokesman 

Jahan \:Vilcox said "the same securicy procedures are followed whether 

Administrator Pruitt is on official or personal traveL" Wilcox did nor 

directly respond to why Ptuitt didn't need to fly in first class on the 

personal flights. 

EPA erhics lawyer Kevin Minoli also confirmed for the first time that 

Pruitt flew on a companion pass during the personal flights, 

reimbursing Wagner for a $s.6o airline fee and half the cost of the 

adviser's ticket. The agency did not disclose the original cost of 

Wagner's ticket or whether he paid for it with frequent flyer miles, 

Minoli added that EPA ethics officials are now consulting with the 

Office of Government Ethics to determine "whether any additional 

steps needed to be taken to ensure full compliance with the ethics 

requirements." 

Former Office of Government Ethics director \Valter Shaub said 

Wednesday the companion tickets provided to Pmitt likely violated a 

federal prohibition that bars officials from accepting gifts from their 

subordinates exceeding $to. Shaub said the value of the gift is 

determined not by what Wagner actually paid for the ticket, but what 

the full market value would have been had the ticket been purchased 

with cash. 

''EPA's discussion of the discounted price that the donor paid is 

disingenuous," said Shaub, who resigned last year after clashing with 

President Donald Trump on ethics issues. '

1

ln this case, EPA should 

look to see what Pruitt would have had to pay if he had purchased the 

ticket on the day that he accepted the gift of free airfare from his 

subordinate." 

Shaub said he expected his former colleagues in the Office of 

Government Ethics would advise Pruitt that it was inappropriate for 

https:!twww-,apnews.comlbbe6f9c6266c4d249b9924ef4e7e7S5e 216 
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6121/2018 EPA chief sat in coach when not ftymg on taxpayer's d!me 

him to accept the gifted airfare from an EPA employee and that he 

must repay Wagner at full market value. 

The cut-rate airtarc is the latest ethical issue to ensnare Pruitt, who has 

been under intense scrutiny since it was first revealed Jast month that 

he had stayed last year in a bargain~ priced Capitol Hill condo tied to a 

fossil-fuels lobbyist. 

The embattled EPA administmtor and those around him are the subject 

of multiple investigations launched by government watchdogs and 

congressional committees looking- into luxury travel expenses, outsized 

security spending and massive raises awarded to political appointees. 

Follow Associated Press environmental reporter Michael Biesecker at 

lillp·i/twjttercoJnlmbiescck 

More From AP byTaboola 

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htlps1!YMw,apnews.com.!bbe6f9c6266c4d249b9924ef4e7e75Se o16 
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A C11urts1de Vic" of Scott Pmitt's Co7) Tics \'.'ith a Billionaire Coal Baron" The New York Times 

0 

A Courtside View of Scott Pruitt's Cozy 

Ties With a Billionaire Coal Baron 

hups://www.nytime:uxmv'20 J 8;1l6.'02/us/scott·pruitt·coal·joscph-crafi.html(6!l R/2018 4:20:0 I PM) 

D 
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A Courtside View of Scott Pruitt's Cozy Ties With a Billionaire Coal Boron~ The New York Times 

0 

LEXINGTON, Ky.- It was one of the biggest games of the University of 

Kentucky basketball season, and Scott Pruitt had scored two of the best seats in 

the arena: a few feet from the action, in a section reserved for season-ticket 

holders who had donated at least $1 million to the university. 

The special access for Mr. Pruitt, 1.l:te adrninistratw:_o11hcllliY.iwnrru.:ntlll 

ful.tcction Agency, also included watching from the players' entrance as the 

team streamed onto the court, andp_Q~ULhoto with a star player in the 

locker room area. 

https://www.nytimes.com/2018/06/02/us/scott~pruitt~coaf.joseph-crnfi.html[6/1812018 4:20:01 PM] 

D 
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/\ Cmut:-iiJe View (lfScott Pn1itt's Cozy Ties With a RillioMire Coal Baron· The New York Time.o:;. 

But there was more to the game last December than a superfan experience for 

Mr. Pruitt and his son, who joined him. They sat in seats belonging to .Joseph 

W. Craft III, a billionaire coal executive who has engaged in an aggressive 

campaign to reverse the Obama administration's environmental crackdown on 

the coal industry. Mr. Craft and his wife donated more than $2 million to 

support President Trump's candidacy and inauguration. 

Mr. Pruitt's attendance at the game, the details of which have not been 

previously reported, followed a year of regulatory victories for Mr. Craft, who 

maintains close ties to Mr. Pruitt even as he has lobbied the E.P.A. on issues 

important to his company, ,Jlli<lllct:_RCJiQ!.U:.<:o;:J;'.aLtucrs. And unlike other 

executives with whom Mr. Pruitt is known to have close ties like the oilman 

Harold 1-lamm or the coal mogul Robeii E. Murray Mr. Craft has stayed 

relatively under the radar. 

A major contributor to Mr. Pruitt's campaigns in Oklahoma when Mr. Pruitt 

served in state government, Mr. Craft saw Mr. Pruitt at least seven times during 

his first 14 months at the E.P.A., agency records audemails show, and they were 

scheduled to appear together on at least two other occasions. That is more than 

Mr. Pruitt has met with representatives of any environmental group. 

The relationship is so close that tb!.!.lli:iDneuJJ:atktcxt~ll~S, with Mr. Craft 

proposing in one ,July 2017 exchange a possible "long-awaited" dinner and 

another visit with his company's executives. 

When Scott Pruitt Met With Joseph W. Craft III 

It has been an auspicious turnaround for Alliance and for Mr. Craft, who in 

nearly four decades in the coal industry had felt unwelcome at the E.P.A., 

apparently never even setting foot in the agency's headquarters, one executive 

lDkL<ULent~!:,~(mft.cl:l:m.:t.ek\SLNDstanher. 

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A CourtsiJc Vie\v of Scott Pruitt's Coz)' Tics With n Billionaire Coul Baron~ The Ne\\ York Time~ 

Mr. Pruitt's mostly behind-the-scenes relationship with Mr. Craft is emblematic 

of his unorthodox approach to leading the E.P.A., where he often blurs the lines 

between personal and oft1cial relationships and has created the impression at 

times that he does the bidding of the industries tlw agcmcy regulates. As 

administrator, he has become the subject 

im:~~~lll!.ms, including several focused on his ties to lobbyists and others with 

business before his agency. 

In October, Mr. Pruitt traveled to ;).lL_CraJ1:;;;<:hild1ll.tlldlmlU~Ctmm. Hauml, Ky., 

where, with ;vir. Craft in the audience, he announced the repeal of the le1cilll 

PcmeLP1an, an Obama-era policy to curb greenhouse gas emissions from power 

plants. A month earlier, Mr. Pn1itt postponed enforeement of a mle barring 

coal-powered plants from dum.triugJQ:>.iLml:tllls_LtLturi.l:eLS. a move requested 

by a coal industry group with Mr. Craft on its board. 

Ern ails and schedules show that Mr. Craft and Mr. Pruitt planllicd112.1JJ.CJ:1 

Ki1l.:J.:m:lL<Jll.Il.:liJ.li1 in Naples, Fla., for a gathering of the National Mining 

Association's board of directors. Mr. Pruitt even lll<.'llY:i1lcHll'lmunLuLUL 

'-"'"'"''u-""'- in a private dining room at the Trump lntcrnationalllotel near 

the White House, according to schedules ami emails nwtle publk by the E.l'.A. 

in response to records reqm,sts. 

There was no mention on lli.J'ruituu.JiidnL>:all:ndm: of the Kentucky 

basketball game outing, but it was documented in photos and video footage, as 

well as university communications obtained by The New York Times through 

public records requests. Mr. Pruitt was accompanied BJ2Luu1rlu:Jlis--'il:£lll:itY 

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A Courtside View of Scott Pruitt's Cozy Ties With a Billionaire Coal Baron ~The New York Times 

detail on the trip, but also by Kentucky state police, according to an email 

exchange between university police officers. 

At the University of Kentucky, Mr. Pruitt attended one of the hig,_~cst games oftbe season last December. sitting in se<<ts belonging 

to :\Jr. Craft 

Heath Lovell, vice president for public affairs at Alliance, said that Mr. Pruitt 

had wanted to take his son to the game while visiting Lexington, and had 

reached out to Mr. Craft, who sold him the tickets at "market value." 

Jahan Wilcox, an E.P.A. spokesman, said that Mr. Pruitt paid $130 in cash for 

each ticket. An email from the E.P.A. ethics office approving in advance the 

purchase of the tickets said that payment would be made by check, but since it 

was a cash transaction, there is no receipt. 

"Administrator Pruitt and Joe Craft are longtime friends," Mr. Wilcox said. He 

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A Courtside Vit:\\ of Scott Pmitfs Cozy Ties With a Billionaire Coal Baron~ The N~w York rimes 

did not respond to follow-up questions about why l'vlr. Pruitt paid in cash. 

1\k Craft gained access to the tickets as a Inlti(lLUmlm:iaLltw.:k!:t: of the 

university, having donated more than $10 million to the school to help build 

basketball and football training facilities, both of which bear his name. His wife, 

Kelly Knight Craft, was previously a trustee of the university and a prolific 

Republican fund-raiser until she was appointed hy Mr. Trump last year as 

United States ambassador to Canada. 

Mr. Craft, 67, and Mr. Pruitt, 50, have deep ties to Kentucky. Mr. Pruitt, who 

was born and raised in the state, hriefly played baseball at the University of 

Kentucky on a scholarship; Mr. Craft, also a Kentucky native, earned both his 

undergraduate and law degrees from the university. Both men later advanced 

their professional lives in Oklahoma, where Alliance has its corporate 

headquarters and where Mr. Pruitt served as a Republican state lawmaker and 

attorney general before joining the Trump administration. 

The two met in Oklahoma in the mid-2ooos, l\lr. Lovell said, when Mr. Pruitt 

sought out the coal executive after his hearing about his connection to Kentucky 

sports. Mr. Craft owns a mansion in Tulsa about a mile from Mr. Pruitt's home. 

Their targeting of the Obama-era controls imposed on the coal industry has 

angered environmentalists. who praised efforts hy the E.P.A. under the Ohama 

administration to reduce lead and other toxic substances in power plant 

emissions. while also addressing climate change concerns related to carbon 

dioxide releases. 

"The slash-and-burn approach Pruitt is taking to regulation may not materially 

affect outcomes in the coal industry," said Tom FitzGerald, director of the 

Kentucky Resources Council, an environmental advocacy group. "But it's not 

going to stop them from tl)•ing in the short term, health and safl~ty be damned." 

Coal companies have welcomed what they consider a sea change in the federal 

go\'ernment's approach to balancing business interests with environmental 

protections. The industry, a shadow of its former self in terms of production 

and employment, views the Trump administration as offering it an O\"erdue 

lifeline. 

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A Courtsidc View of Scott Pmitt"s Co1y Ties With a Billionaire Coal Haron ~The New Yorl.; Times 

"The fact that industry no longer has an adversary in its govemment, and 

speeifically at the E.P.A., is a huge step forward in common-sense regulation," 

said Ashley Burke. a spokeswoman for the National Mining Association. 

Mr. Lovell said that while Alliance welcomed the changes Mr. Pruitt had 

brought to the E.P.A., the coal company had not been treated differently from 

its industry peers. 

"We did not receive any special treatment from the E.P.A.,'' Mr. Lovell said. 

A Friend at the E.P.A. 

For years, coal companies have struggled with the industry's decline. 

There has been a fundamental shift in the way electricity is generated in the 

United States, with cleaner eneq,•y sources such as natural gas, wind and solar 

power ascendant. And many older coal-burning power plants are reaching the 

end of their useful lives. 

tlw iudu'>try ha.., a~kcd tht' tn 

Since 2010, 62!> coal-burning units at power plants in 43 states totaling 

almost 1l5,000 megawatts of ekctrieal capacity, roughly equivalt>nt to the 

entire electricity supply of Texas~ have closed or are scheduled to, ;u:J.:w:.din::..io 

illtiJidJl~li,',~J.:.!.Ullll. 

But with the arrival of the Trump administration, Alliance Resource Partners, 

the country's li.IT<.:.nlJJ~tJ;,oaLmi.uin::..cgmp_;u]J:, and many others in the 

indnstty sounded the alarm ~ and ever since have directed their efforts at 

getting Mr. Pruitt to intervene on their behalf. 

"It is critically impm1ant to preserve the fleet of existing coal-fired power 

plants," the American Coalition for Clean Coal Electricity, an indus!Jy group 

where Mr. Craft is a hoard member and a past chairman, said in iliti\:!~UtA).u:il 

hurs:i'www.nytimcs.com/::!OI &!06/02/us/s\.'Ott-pruitt-coal':ioscph-crnft:,html(6/!8/20 18 4:20:0 t PM} 
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A t'ourtside Vit:\\ of Scott Pruitt's Coz) Ti~s With a Bi!liom1ire Coal Baron~ The New Yorl.. Times 

to the E.P.A. 

When Mr. Pruitt a.JlllillliL~tLth~.:_r~.:p_i.:lil of the Clean Power Plan last October, 

miners in attendance cheered as he declared, "The war on coal is over." 

The E.P.A. was no longer in the business of"picking winners and losers," he 

added, a reference to the Obama-era restrictions that the industry has argued 

put coal producers at a disadvantage. 

In the audience, Mr. Craft spoke glowingly about the new direction. "It gives us 

the opportunity to protect the coal fleet," he "'.!'·'·'·u'·''''L"'""'"~'"'-'·''·"uc' 

As the industry has retreated in recent years total employment was 

5Q"<H2LLiltJ<utnilry, down from 90,000 in 2012 Alliance has fared better than 

most. As of December, it had 3,321 full-time employees at its headquarters and 

eight mines in Illinois, Indiana, Kentucky and West Virginia. 

The company increased production last year in part 

because it speeializes in a relatin•ly cheap, high-sulfm coal that can he scrubbed 

with existing pollution controls at most power plants. 

"They've chosen some good mines, so thl'ir costs are not being driven up like 

others," said Tom Sanzillo, a researcher at the Institute for Energy Economics 

and Financial Analysis, a clean energ~' think tank. 

:\lr. Craft wants to grow even more- allowing "existing fleets to expand their 

capacity," he said during an earnings call in ,January 2017, and exporting more 

coal and he moved quickly last year to get l\1r. Pruitt on board, according to 

public records. 

l\'lr. Craft sat front and center in Washington as l'vlr, Trump ~'u'""--AIU,.<.:,''"-'"'u.cu.: 

md\:J in March 2017, umv;nding some of the Obama administration's rlimate 

change efforts directed at the coal industry. ''You know what it says, right? 

You're going back to work," the president gushed to a group of miners, a smiling 

Mr. Pruitt by his side. 

The next month, Mr. Craft and his wife were both listed as attending the board 

meeting of the National Mining Association in Florida, where 100 or so coal 

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A Cnurtt'idc Vic\\ of Scott Pruitt's Co1y Tics With a fii!lionairc Coal Baron~ lbe New York Times 

industly executives gathererl. 

"It will be wonderful to see the Crafts,"' Sydney llupp, then an aide to Mr. Pruitt 

at the E.P.A., said i.tL<liL\:InillLidiiiu:upJ.ht:.evenl. 

After Mr. Pruitt spoke to the group, the board backed the Trump 

administration's deeision to leave the Paris climate agreement. The E.P.A.'s 

inspector general is investigating an allegation that the boarrl's decision came at 

Mr. Pruitt's request, which could amount to a violation of anti-lobbying laws. 

The allegations, iir~lL~Jlll!1t:dJl}'..I'.olilim, were denied hy !\1s. Burke, the 

spokeswoman for the assoeiation. 

And just two days after the Florirla trip, Mr. Pruitt spok.elLUlLemh<:JJUJ.f:the 

~\llim~m.l and other top executives at a restaurant at the Trump hotel in 

Washington. 

!\lis. Craft, who helperl plan the event, wrote to Mr. Pruitt's staff the night 

before. ",Joe will he waiting for Scott at the designated entrance," she said in an 

email, signing otl', "Sent by my ruaLUJ2Yicn.:d.il'ru.l." 

Mr. Wilcox, the E.P.A. spokesman, said that Mr. Pruitt's appearance had been 

eleared hy agency ethics officials and that he did not eat dinner at the event. 

Documents show that Mr. Craft and others in the indust1y have sought the 

E.P.A.'s help, particularly in decreasing costs related to air and water pollution 

controls at coal-powered plants. 

The companies have asked the agency to roll back at least eight Obama-era 

rules regulating water pollution, climate change, coal ash and air pollution, 

among other measures. Almost all the rules affect the 30 plants that burn coal 

supplied by Alliance. including a plant that powers Henderson, Ky., about 200 

miles west of Lexington. 

plant 

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A Courtskk Vic\\ of Scott Pn1itt's Coz)' Tics \Vjth a Billionaire Coul Baron~ TheN~\\ York Times 

Alliance's Warrior Coal mine, which has a contract to supply coal to the 

Henderson plant, is 30 miles away in wpstern Kentucky, where the stillness of 

the hills is interrupted by the drone of the mine's ventilation fan and the 

occasional movement of rail cars. 

To continue burning the coal under cmrcnt regulations, Henderson must build 

a $:34 million water treatment plant to keep toxic metals ti·om discharging into 

a nearby river. And it must spend $:n million more to clean up its handling of 

coal waste which now sits in a giant unsightly pond near the plant as well 

as $16 million to overhaul electricity-generating turbines. 

"It cettainly doesn't make sense to keep them operating as is," said Chris 

Heimgartner, general manager of the Henderson utility that owns the plant. as 

steam billowed from the aging dual-stacks in the distance behind him. "There is 

just too much cheap energy." 

Mr. Craft and other coal imlustt)' executives fear this conclusion will mean 

shutting down the coal-burning furnaces. That's why, iu May last year, they 

"""w'"'".u"""·""·'"'-'·"'~L.L· that the water treatment requirement was "projected 

to cost electricity generators hundreds of millions to billions of dollars." 

d>l;,s .. hlt~r. Mr. Pruitt announced that he would postpone the rule for at least 

two years. 

A Day at the Game 

Basketball is king in Lexington, and on a bitterly cold afternoon last December, 

Mr. Pruitt was in the middle of the action as Kentucky beat its in-state rivaL the 

University of Louisville, in a nationally televised game. 

Because his seat was so rlose to the court, he was visible during the telecast. A 

video clip on Twitter and Instagram showed Mr. Pruitt and his college-age son, 

Cade, standing in the players' entrance as the team walked to the court. 

Emails show that a security agent from Mr. Pruitt's staff coordinated with 

university police to make arrangements for his visit. .V'!att Bevin, Kentucky's 

governor, a Republican, planned to be part of Mr. Pruitt's group, and they were 

llttps:f.· W\\ \\' .nytimcs.com/2018/06/02/us/scott~pruitt-waHoseph-crall.html( 6/18/2018 4:20:01 PM} 
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A Courtside View of Scott Pruiu·s Cozy Ties With a Billionaire Coal Baron~ The New York Times 

to he accompanied by an E.P.A. security detail and Kentucky state police 

officers, the emails said. Police were also informed of Mr. Pruitt's premium 

seats and his plans to visit the Crafts, along with the h<:k~:r __ rutmu:Dmplcx 

largely funded by Mr. Craft and named for him. 

In a message on Twitter, l'l'ls. Craft posted a photo of herself with Mr. Pruitt and 

Shai Gilgeous-Aiexander, the player of the game. "Great to see 

(!ilEPAScottPruitt," she wrote, using his Twitter handle. The Crafts, who have 26 

season tickets, did not sit with Mr. Pruitt and his son during the game. (The 

season tickets used by Mr. Pruitt cost $1,300 each, the equivalent of $130 per 

game, the university said.) 

The Crafts are larger-than-life figures at the University of Kentucky. In addition 

to supporting the facilities bearing his name, Mr. Craft led a $7 million fundraising effort for a dormitmy for the basketball team that he !TilJ.lllst:cl be called 

Wildcat Coal Lodge. 

At a university where there is a statue of one legendary eoach and an arena 

named for another. the current coach, ,John Calipari, is one of the most wellknown figures in the game. Closely aligned with the Crafts, he has lliiil:ll 

:\lliam:c. mim::> and 

Tony Oppegard, a lawyer based in Lexington and a former Kentucky mine 

safety prosecutor, described Mr. Craft as a powerful presence in a state with 

weak safety and environmental oversight that relies on federal regulations and 

enforcement. 

"He wields a lot of influence," Mr. Oppegard said. 

At the federal level, Mr. Craft bet big on Mr. Trump. 

The Crafts donated more than $1 million to political committees supporting Mr. 

Trump's presidential hid. campaign finance records show, and held a fundhUps:/hV\\'\V.nytimes.com/2018/06/02/us/scott~pruitH.'Olll-joseph-crati.html[6!tS/2018 4:20:01 PM) 
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A Courtsick Vi~·\~ of Scott Pruitt's Co:t.y Ties \\1ith a Billionaire Cmd Baron~ l'hc NC\\ Yor~ limes 

raiser for him in Lexington in .July 20ln. Ivlr. Craft through a trust, also 

d.tt~lilt~d .. ~uui.l lwnw.hi> in<cuguGlliu.u. 

"The Trump administration does appreciate the value that coal-fired electricity 

brings to the nation," iVIr. Craft told investors soon after Mr. Trump was sworn 

in as president. 

Mr. Craft backed Mr. Pruitt when he ran for Oklahoma attorney general in 

2010. 

As attorney general, lVIr. Pruitt directed state ofticials to challenge the E.P.A.. 

including a lawsuit that accused the agency of improperly trying to compel two 

Oklahoma coal-burning power plants to overhaul their emissions systems to 

improve air quality in nearby federal wilderness areas. That regulation affected 

plants fueled with coal from Alliance's mines. 

By 2013, .:-1r. Craft, his company and nearly a dozen other coal industry lawyers, 

consultants and executives were nmll:il:u.tl.lWUll.:U:c.J'mil!.Jihkt for a second 

term, even though he faced no real opposition. Many of those donations came in 

November 2lH;~. just weeks after lVIr. Pruitt disclosed that hc.JHlJ.il<.L(t>.k Jlu: 

Supri:md.:rmrl to take up the case involving the Oklahoma power pLmts. :Vlr. 

Pruitt ultimately lost that case. 

The next year, Alliance helped host a tm:din.RLu)Jimni of the Republican 

Attorneys General Assoeiation, which Mr. Pruitt had led as chairman. 

Separately, the clean coal clectrieity group, where :\1r. Craft was formerly 

chairman, d<.>mth:.d $388,550 to the attorneys general organization during the 

f1nal three years that Mr. Pruitt was a member. 

Even with the changes under Mr. Pruitt's E.P.A., the coal industry faces 

formidable obstacles, partieularly bceanse of the abundance of cheap natural 

g,as. 

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A Courtside View of Scott Pruitt's Cozy Ties With a Billionaire Coal Baron~ 11te New York Times 

The Henderson plant is already moving toward a likely shutdown of its coalburning units, Mr. Heimgartner said, making it one of at least nine power 

plants supplied by Alliance in the last year that are considering closing or have 

announced partial or complete shutdowns, an analysis by the Sierra Club 

shows. 

Mr. Prnitt continues to work through the industry wish list, pleasing Mr. Craft 

and his team, whose allies also include Ryan Zinke, the interior secretary, and 

Rick Perry, the energy secretary. Mr. Craft supports mH:ff\n:tb;,: J\lLl'<::nr to 

force electric grid operators to buy power from strnggling coal-burning plants, 

even if it means higher rates for consumers. 

"The Trump administration has done amazing things," Mr. Lovell, of Alliance, 

said;lLtlJJ.:_cru:~lllfen:.ru:r.:inllm.I.Ji.t.Qul~.Stl:Sm:emhcr. "We are well on the 

way." 

Steve Eder reported from Kentucky, Hiroko Tabuchi from New York and Eric Upton from 

Washington. Marc Tracy contributed reporting from New York, and Lisa Friedman from 

Washington. 

D 

Related Coverage 

White House Aides Are Urging President Trnmp 

to Fire Scott Pmitt, the E.P.A. Chief 

Scott Prnitt Before the E.P.A.: Fancy Homes, a 

Shell Company and Friends With Money 

13 Scott Pruitt Investigations: The Running List 

ofE.P.A. Troubles 

Show All 

l1ttp~:1 J\\l\'\\ .nytimes:.~.--om/20 l 8/06/02!us/scntt-pruitt-coaHt)S:cph..craft.htmlf6/18/20 18 4:20:0 I PM) 
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'That's bizarre': Realtors weigh in on Scott Pruitt's $50-a-night condo room deal on Capitol Hi!l-lbe Washington Post 

sectJOns \!rhc hlnsiJington flost ll ( 1fi1 nl)( 

Post Politics .. Analysis 

'That's hizurrt~': Realtors weigh in on SC'ott }lruitt\; $50~a-night <•mulo room lleal in D.C. 

By Eli Rosenberg Email the author 

The Capitol HH! condo building where Environmental P!'otcdion Agen-cy Adminlstmtor Scott Pruitt has stayed in Washlngion. (Andrew 

H«rni\1/APi 

Among the ethics scandals now swirling around Environmental Protection Agency Administrator Scott Pruitt is 

https://wwvv.washingtonpost.com/ ... s-bizarre-tealtors-weigh-in-on-scott·pruitts-50-a-night·condo-room-deal-in··{k/'?utm _tcrm=.4e0affi3d0c0d[6/l8/2018 4:13:16 PM] 
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'That's bizarre': Realtors weigh in on Scott Pruitt's $50-a-night condo room deal on Capitol Hill- The Washington Post 

the recent disclosure that he leased a room in a D.C. condominium from the wife of an energy lobbyist. 

For about six months in 2017, Pruitt leased a room in a condo co~owned by the woman in the Capitol Hill 

neighborhood, a stately enclave where the white dome of the eponymous building can be seen looming above 

brick rowhouses on many streets. 

He paid a $so-a-night rate for the room, which amounts to roughly $1,500 a month, but had struck an 

arrangement with the lessor to pay only for the nights he stayed there. In actuality, he paid about $6,100 over the 

approximately six-month period, or about $t,ooo a month. 

The accommodation has been the subject of much media coverage since it was disclosed last month. On Friday, 

the Hill reported that the House Oversight and Government Reform Committee was probing the housing 

arrangement. 

Federal ethics regulations prohibit executive branch employees from accepting gifts given because of their 

positions or from "certain interested sources," of which an apartment rented at a below-market rate could qualify. 

The employees are also prohibited by impartiality rules from taking part in certain activities that give "even the 

appearance of impropriety." 

The Post contacted real estate agents with expertise in the market in Capitol Hill and D.C. at large with a simple 

question: Would they consider $1,500 for a room in a condo in the neighborhood's portion near the Capitol to be 

market rate? 

Nancy Simmons, the president of the D.C.-area apartment-search senrice Apartment Detectives, provided The 

Washington Post with a sample of recently rented listings in the area around the condominium in which Pruitt 

leased a room. The two-bedroom apartments in the area rented from $2,550 to $4,300, or about $1,275 to $2,150 

https://......v.w.washingtonpost.com/ ... s-bizarrNealtors»weigh-in-on-scott·ptuitts-50-~-night-condo-room-deal-in-d-d?utm_tenn=.4eOaf83dOeOd{6/IBn018 4:13:16 PM] 
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'rhat'!> buarre'; Realtors \-\Cigh in on Scott Pruitt's $50*a~night condo mom deal on Cap11ol Hill" The Washington Post 

if split evenly. The average of the seven listings she provided was $3,300. or $1,650 per room. 

The $4~300 listing was a two~ bedroom apartment just steps away from the one Pruitt rented. A selection of one~ 

bedroom apartment.<> she provided showed prices ranging from $1,525 to $2.400. 

What made Pruitt's listing unusual, Simmons said, was a provision in the lease lhat Pruitt was responsible for 

paying only fc)r days of "actual occupancy," meaning he did not have to pay rent when he was out of tuwn or 

otherwise away. 

"That's bizarr(~ ... she said. "Typieally, \vhen yon rent something, you rent something at a monthly rate, unless it 

was like an Airbnb scenario." 

Susan Berger, a real estate agent from Evers & Co. whose late husband, Sandy, was President Bill Clinton's second 

national secu6ty adviser, agreed that tbe lease was "very strange." 

'Tvc never seen it before," she said. 

Kevin Minoli, the EPA's principal deputy general counsel, had detC'rmined that the apartment rental did not 

constitute a gift because it \-.·as a "reasonable markt•t value," citing Airbnb listing."i. in the area that rented rooms 

for as low as $55 a day or less. 

Pruitt, too, has compared the situation to the home rental app. 

"This was like an Airbnb situation,'' he told Fox News this week. "\Vhcn 1 was not there, the landlord, they had 

access to the entirety of the faeility .... Wht>n I was there, I only had access to a room."' 

A search of Alrbnb in the area did find more than n dozen bedrooms listed for similar prices. Some appeared to be 

inactive, and others typically charged as much as double that, though tht>y wert~ occasionally available for as low 

as $50 a night. Many of these apartments Wt:'fe often tightly booked for months in advance, making it unlikely a 

renter could spontaneously come and go as they pleased '\\ithout the room being booked by :-;omeone else when 

they weren't there. 

"That's the thing. You couldn't leave your stuff there and book it for the month if you're not paying for the month, 

so that's unusual," Simmous said. 
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'That's bizarre': Realtors weigh in on Scott Pruitt's $50~a~night condo room deal on Capitol Hill~ The Washington Post 

Room~ aval!ab!e for $55 or less in the r:nea new· where Pruitt rented the room in a cando. Some are inuctive-. (Airbnb} 

[;1fter leaving Sso-a-night rental. EPA ·s Scott Pruit~ had nofi:wd D.C. address for a month] 

Lindsay Reishman, a senior vice president at the real estate company Compass, said that on Capitol Hill "$1,500 

is not a glamorous one bedroom. It's like a basement level one-bedroom that's not really up to snuff, or a nice 

studio." 

Additional bedrooms with other roommates could bring doW'!l the price, he said. 

"If it was a group house, with four or five bedrooms, I would guess it would still be $1,300 or $1,400 a room," he 

said. 

He said it would be hard if not impossible to find a two-bedroom apartment in the area for $1,500 and described 

the occupancy provision as "a little bit out of the ordinary," saying he had never heard of such an arrangement 

before. 

"You could have an Airbnb but not something where you just have the right to use it when you need to and only 

pay during the time it's used," he said. "That's a tenant-friendly agreement for sure." 

Multiple EPA officials have confirmed to the Washington Post that Pruitt's adult daughter stayed in a second 

bedroom for a time when she was working at the White House. It is not believed that anyone else stayed in the 

second bedroom for other portions of Pruitt's stay at the condo. 

https:i /w\'IW. washingtonpost.com/ ... s-bizarre~realtars-weigh·in-on~scott·pruitts· 50~a~night-condo-room-dea!-in·d·d?utm _ tenn"". 4e0af83d0e0d{ 6/18/20 18 4: 13: 16 PM J 
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'That's bizarre': Realtors weigh in on SC{)tt Pruitt's $50·a·night oondo room deal on Capitol Hill· The Washington Post 

Minoli wrote in a memo this week that his first assessment was based on the terms of the lease, not including 

potential activities that did not comply with it. 

"Evaluating those questions would have required factual information that was not before us and the Review does 

not address those questions," he wrote. 

Justina Pugh, a senior ethics attorney at the EPA, has said she did not have "the full picture" when she signed off 

on an after-the-fact ethics ruling on the housing situation. 

"Advice that's given by an ethics official is only as good as the information that's provided," she told ThP Post. 

Minoli also said he did not rule on whether the housing arrangement had violated the impartiality rule. 

Juliet Eilperin contributed to this report. 

Read more: 

How a black collE·ge dance troupe landt>d a decades-old Fleet\vood :\lac song on the Billboard charts 

Scolt Pruitt's .iob in jl'opard)' amid expanding ethics issues 

Most Read Politics 

https://wv.w,wasbingtonpost.com/ ... s-bizarre-rea!tors·weigh-in-on·s«~tt·pruitts·50·<~~night·condo*room·dea!·in·d·d?ulm_tenn=.4e0af83d0e0df6/18!2018 4:13:16 PM] 
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Energy PR executive helped get Scott Pruitt and his family Rose Bowl tickets· The Wa<~hington Post 

sectwns Qi:lje {l.lttllbinglon tJost 1 ( (I! II J( 

Energy and Environment 

Energy PR executive helped get Scott Pruitt and his family ltose Bowl tickets 

By Brady Dennis and Juliet Eilperln Email the author 

Wilson, Getty !mages) 

The head of an Oklahoma-based public relations firm with a large energy practice helped Environmental 

https:I/W\V1.v,washingtonpost.com/ ... -his-family-receivetl-mse-bow1-tickets-from-energy-pr-executive-letter-daims/?utm_tenn"".fecbb47f6cb5f6/I8!2018 4:19:11 PM] 
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Encrg) PR e.\ecutive hdpeJ get Scott l'nutt :md lul> l;uni!) Rmc B(H\Iltd.et.s ·Tho; W<l~hmgton Post 

Protection Agency Administrator Scott Pruitt secure tickets for his family to go to the Rose Bowl in January. 

agency officials contirmed Friday. 

Rep. Elijah E. Cummings (D-Md.) detailed the transaction Friday morning in a ktiz'1 he sent to Renzi Stone. a 

member of Oklahoma University's Board of Regents and head of the communications firm Saxum, requesting 

information "'regarding your actions in assisting EPA Administrator Scott Pruitt in obtaining highly soughHtfter 

tickets to attend the Rose Bowl on New Year's Day." The Oklahoma Sooners played the Georgia Bulldogs that day 

in the national semifinals. 

Cummings cites Millan Hupp, Pmitt's former director of scheduling and advance, who told House Oversight 

Committee staffers during an interview last month that Stone had pro-vided Pmitt's family with the coveted 

tickets. EPA spokesman Jahan Wilcox confirmed Ftidaythat Stone had put Pruitt in contact with Oklahoma 

University's athletics department so that he could purchase the ticket~ "'at face value.'· 

Saxum de.scrihes itself as "a full-sen.rke marketing cornmunications agcm.·y" and says that Stone has ''extensive 

experience in marketing strateg_v, crisis communication and public affairs for energy companies. "Its \\ ~·h ·iK is 

emblazoned with the slogan "We Know Energy" and includes the sentence. "We helieve that energy '"viii continue 

to he a divisive is..•.;ue for many years to come.'' 

While the company's website highlights a wide array of clients, including 7-Elewn, First Fidelity Bank and the 

University of Oklahoma, it does appear to have a large energy practice, having performed work for clients such as 

the American Petrolt~mn Institute, the Interstate Natural Gas .'\ssociation of America and Tulsa-hased Williams. 

"Federal ethics rules prohibit government employees from accE'pting gifts, such as tickets to sporting events, 

unless they pay 'market value,'" Cummings wmte in his letter, asking Stone to prmide "all documents and 

communications" with Pruitt dating to Jan. 20, 2017. "Moreover, a government employee may not accept a gift 

provided 'because of the employee's official po,.,ition.' ·· 

In his letter, Cummings noted that one Saxum client, Plains All American Pipeline, "cutTently has a petition 

before the EPA to discharge hydrostatic test water from a pipeline" in Corpus Christi, Tex. Howt.•ver, an official at 

the company said in an email Friday that it is "a fmmer client of Smmm.'' 

"Our prior association ended in November 2017 and was limited to Oklahoma-based public relations support for a 

pipeline construdion project," tl1e official said. 

\Vilcox accused Cummings on Friday of "misconstruing the facts." 

''Renzi Stone, a friend of Administrator Pruitt and regent to tlw University of Oklahoma, simply connected Pruitt 

to the athletic department," Wilcox said. "Pruitt purchased the tickets at face value from tht• OU athletic 

department. To report othernise is false." 

In a serie:s of tweets Friday morning, Stone elaborated on that account. 

"Each year mid-Dec people call for OU bowl ticket'i. Scott Pruitt, my friend since 2001, asked through an aide if 

he could buy Rose Bowl tix," he twedt'\L "I made connection to OU ticket office. He bought them. That's it. I'll 

respond to Rep. Cummings . ., we don't do any work for clients at EPA.'' 

After the Sierra Cluh, an environmental advocacy group, tweeted to Stone about his firm's work for API, "Thanks 

for definitively confirming that the oil industry lobbying association is a client of yours," the public relations 

executive replied on 1\vitter: "We did some videos for them. Do your homework." 
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Encrg.} PR C:\CCuti\'C helped get Scott Pruitt and hb faml!y Rnse Row! tickets* The Washington Post 

"A client we have never discus..<;ed {11 l'pn with in anyway," Stone \\>Tt:kd. "Not everyone who works with DC or 

energ:y sector dieuts lobby federal agencies, FYI. In our case with API and every other client Saxum works with, 

lobbying EPA isn't the type of work ,.,,e do." 

Smmm also financially supported Pruitt's political activities while he served as attorney general, federal eJection 

records. show. According to the Center for Responsive Politics, the firm donakd to a political action 

committee affiliated with Pruitt, Liberty 2.0, in 2015. 

Days before Pruitt attended the Rose llowl, he also sat with his son in premium seats near the court at a 

University of Kentucky basketball game. The New York Times rt'\'f'ntly 1vportcd that Pruitt scored those tickets 

through a longtime friend, Joseph Craft, a billionaire coal baron who heads Alliance Resource Partners, one of the 

nation's largest coal mining firm~>. The EPA said at the time that Pruitt had paid $130 for each ticket, and the 

company said Craft had sold them at "market value." 

The most recent spate of ethical misconduct allegations against Pruitt, however, does uot appear to have shifted 

Pre.sident Tmmp's view of his EPA chief. Asked Friday morning about Pmitt, Trump told reporters, "I'm not 

happy about certain things, but he's done a fantastic job running the EPA, which is very overriding." 

Read more: 

;1ldt>, donors t1 1 lwlp wife land job at conservntiY~' grnup 

Pnli ...,ted ~t'l'ttrlty det;dl in up drydeaning. moisturizing lotion 

Brady Dennis is a national reporter tor The Washington Post. focusing on the environment and 

public health issues. He previously spent years covering the nation's economy. Dennis was a 

finalist for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow @brady_dennis 

Juliet Eilperin is The Washington Post's senior national affairs correspondent, covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She Is the author of two books- one on sharks and another on Congress, not to be contused 

with each other- and has worked for The Post since 1998. Follow @eilperln 

lmps: :www~washingtonpostcomf ... ·his·fllmily·received·msc~hi)\vl·tkkcts-from-cnergy-pr-cxccutivc·!ettcr-daims!':Utm.Jenn"'".fccbh47f0Cb51611 S!2018 4: 19: II PM] 
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AP 

By ELLEN KNICKMEYER 

May. 21. 2018 

RELATED TOPICS 

Chris Van Hollen 

Scott Pruitt 

North America 

More from 

Politics WASHINGTON (AP) -Four Senate Democrats asked Scott 

Pruitt on Monday for details about a new legal defense fund to 

help the Environmental Protection Agency administrator as he 

weathers a series of federal ethics investigations. 

Pruitt confirmed at a Senate hearing last week that people he 

did not identify have created the legal defense fund in his behalf, 

but he gave no specifics on its operation. Officials typically use 

such funds to help cover any legal bills for themselves and 

sometimes for others. 
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34698.154

Under questioning last week from Sen. Chris Van Hollen, D-Md., 

Pruitt said, "Yeah, absolutely" when Van Hollen asked bim to 

commit to refusing any donations to the fund from lobbyists or 

companies with business before the EPA. 

Neither Pruitt nor the EPA has made public any other 

information about his defense fund since then. Pruitt is the 

subject of probes by the EPA's inspector general, the 

Government Accountability Office, Congress and others 

investigating allegations about his spending, relationships with 

lobbyists and other matters. 

In a letter from Van Hollen and three other Senate Democrats, 

the lawmakers asked Pruitt within 10 days to provide all the 

documents that went into setting up the defense fund, and any 

communication involving the EPA's ethics office about the fund. 

Asked by The Associated Press for information about Pruitt's 

defense fund, Cleta Mitchell, the Washington lawyer reported by 

The Washington Post to have handled setting up the fund, 

responded by email, "No." 

An Oklahoma native like Pruitt, Mitchell is known for arguing 

for narrow interpretations of financial disclosure requirements 

in politics, as in a 2012 essay she wrote for a Minnesota law 

review titled, "Donor disclosure: Undermining the First 

Amendment," which protects free speech. She argued for the 

National Rifle Association in a 2002 case against tougher 

financial-disclosure laws in politics. 
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Called "the attack attorney of choice for Tea Party stars" hy the 

Wall Street Journal in 2010. Mitchell is a spirited defenJer of 

Pruitt on Tv.ritter, tweeting last month1 "Pruitt is an American 

hero, dedicated ro draining the Swamp. This brave n1an dares to 

wrangle the EPA to its proper role. Hang in there, Scott Pruitt!!" 

EPA spokesman Jahan Wilcox did not respond to an AP email 

asking for the contact of someone who wu!J comment on the 

fund. 

The senators Van Hollen an..! Sens. Tom Udall of New 

Mexico, Sheldon Whitehouse of Rhode Island and Tom Carper 

of Delaware -asked Pruitt ro commit to publishing a monthly 

list of donors to the fund. The four senators are members of 

committees on Capitol Hill with oversight authority over EPA. 

They also asked Pruitt to respond to 14 questions about the 

fund. Those included whether EPA employees or their spouses 

would be allowed to give to it; what involvement the EPA's 

ethics office would have overseeing the fund; and whether the 

fund would abide by the federal Office of Government Ethics' 

guidelines of $so annual limits on gifts from any one person. 

"Without further clarification of these issues, your legal defense 

fund may lead to more complaints that you may he violating the 

public trust," Van Hollen and the other senators wrote. "We 

believe a person in your position should regularly an..! publicly 

disclose all donors to a legal defense fund" to avoid any 

appearance of a conflict of interest. 
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When it comes to legal defense funds for members of the 

executive branch, recommendations by the Office of 

Government Ethics are advisory only, lacking direct 

enforcement power, experts in government ethics and financial 

disclosure law told the AP. 

Guidelines include recommendations that officials avoid 

accepting anonymous gifts. Tax laws and government codes on 

what kind of gifts officials may accept govern some aspects of 

the funds, depending on how a particular fund is set up. 

Regulations that dictate financial disclosure overall by officials 

like Pruitt, the senators noted, may require no more than annual 

reports. 

"They are very tricky entities and present potential for abuse," 

Lawrence Noble, general director of the Campaign Legal Center 

and former general counsel to the Federal Election Commission, 

said of the defense funds for members of the executive hranch. 

"There's too much leeway in terms of what they allow." 

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34698.158

NiTED STATES OFFICE OF 

GOVERNMENT ETHICS 

* 

LEGAL ADVISORY 

TO: Designated Agency Ethics Officials 

FROM: David J. Apol 

Acting Director and General Counsel 

September 28, 2017 

LA-17-10 

SUBJECT: Clarification of Past Legal Defense Fund Guidance Provided in OGE lnfonnal 

Advisory Opinion 9Jx21 

This Legal Advisory is being issued hy the U.S. Office of Government Ethics (OGE) to 

clarify OGE's advice concerning legal defense funds established to provide for the legal 

expenses of executive branch employees. Specifically, this Legal Advisory makes clear that the 

discussion in CXJE Informal Advisory Opinion 9Jx21 concerning the acceptance of donations 

from anonymous sources does not, and has not. reflected OGE's views since shortly after the 

issuance of that opinion. Although there is no statutory or regulatory framework providing for 

the manner in \vhich a legal defense fund may be established for an employee, such a fund must 

be operated consistent with the ethics rules. This includes rules regarding the acceptance of gifts 

from outside sources and from other employees found in the Standards of Conduct for 

Employees of the Executive Branch at 5 C.F.R. Part 2635, Subparts Band C: the criminal 

conflict of interest statutes at 18 U.S.C. §§ 201-209; the puhlic financial disclosure requirements 

in the Ethics in Government Act of 1978, 5 U.S.C. app. § 101 et.veq.: and the lobbyist gift han in 

Executive Order 13770, sec. I. para. 5. Accordingly, OGE has been advising, and is continuing 

to advise. that the instruments establishing legal defense funds include a clause stating that 

"'contrihutions shall not be accepted from anonymous sources." 

OGE previously issued two informal advisory opinions addressing whether particular 

legal defense tlmds would violate the prohibition against supplementation of salary in 18 U.S.C. 

§ 209. See OGE In f. Adv. Op. 85xl9 (1985); OGE In f. Adv. Op. 9Jx21 (199J).In OGE Informal 

Advisory Opinion 85xl9, OGE concluded that section 209 may be implicated by payments made 

to an employee's legal defense fund. Eight years later. OGE revisited this issue in light of 

Crandon v. United States, 494 U.S. 152 (1990).1n OGE Informal Advisory Opinion 93x2L OGE 

signiticantly narrowed the circumstances under which a payment to a legal defense fund may 

implicate section 209. Specifically, OGE found that section 209 was not violated in the particular 

situation presented, concluding, '"{i]fthe employee's detense is not part of his work, then 

* * 
185 


34698.159

accepting contributions from a legal defense fund would not be ·as compensation for services'" 

prohibited by section 209. OGE In[ Adv. Op. 93x2 I. This conclusion has not changed. 1 

At the same time, OGE Intbrmal Advisory Opinion 93x21 also discussed the idea that the 

identity of the donors "should" be concealed from the beneficiary of the fund, though not 

required, because the employee will be unable to favor the anonymous donors. /d. Shortly at1er 

this guidance was issued, however. OGE recognized that donor anonymity may be difficult to 

enforce in practice because there is nothing to prevent a donor disclosing to the employee that he 

or she contributed to the employee's legal defense fund. See OGE Authori:ation Act of 199-1: 

Hearing BefOre the Suhcomm. on Admin Law and Gov't Rei. of the Comm. on tilt' Judiciary. 

103rd Con g. 20-22 (I 994) (statement of Stephen J. Potts. Director. Office of Government 

Ethics). Moreover. CKiE also recognized that many of the concerns raised in OGE Informal 

Advisory Opinion 9Jx21 about donors currying favors \\'ith employees benefiting from the 

donations are negated by the fact that solicitation and acceptance of contributions from 

prohibited sources are barred under the gift rule~ at 5 C.F.R. Part 2635, Subpart B. unless an 

exception applies. Accordingly. OGE has been advising, and is continuing to advise. that the 

instruments establishing legal defense funds include a clause stating that "contributions shall not 

be accepted from anonymous sources." 

Because of these and other ethics considerations. individuals should consult with an 

agency ethics otlicial or OGE before establishing a legal defense flmd. 

1 Similar!). in {:nited ,

1;tafe5 \'. Prqject vn (]orernment Orersixht. the D.C, Circuit stated thut a payor must have 

actual intent to compensate a gm·cmmcnt employee for nis onicial duties j~)f section 209to he implicated. 616 F.3d 

544. 558~60 (D.C Cir. 2010). 
186 


34698.160

MAY21.2018 

VAN HOLLEN, CARPER, UDALL, 

WHITEHOUSE DEMAND TRANSPARENCY ON 

PRUITT'S LEGAL DEFENSE FUND 

Today Senators Chris Van Hollen (D-Md.), Tom Carper (D-Del.), Tom Udall (D-N.M.), 

and Sheldon Whitehouse (D-R. I.) wrote to Environmental Protection Agency (EPA) 

Administrator Scott Pruitt to follow up on his testimony last week before the Senate 

Appropriations Subcommittee on Interior, Environment, and Related Agencies, where 

he confirmed to Senator Van Hollen for the first time that he has set up a legal defense 

fund. With legal and ethical issues mounting, Mr. Pruitt refused to clearly state that he 

would refuse anonymous donations- something recommended by the Office of 

Government Ethics. 

"You committed that donations to your legal defense fund will be made public, and 

then indicated that the public disclosure will be done "pursuant to the requirements of 

disclosures." The Office of Government Ethics (OGE) recommends public disclosure of 

legal defense fund donors consistent with federal rules concerning the disclosures of 

gifts ... " the Senators wrote. "However, even if you do comply with that 

recommendation, there is significant ambiguity as to what constitutes an anonymous 

source. A donation from a 501 (c)(4) or a shell corporation may conceal the identity of 

the actual donor to your fund." 

The Senators added, "Without further clarification of these issues, your legal defense 

fund may lead to more complaints that you may be violating the public trust. We 

believe a person in your position should regularly and publicly disclose all donors to a 

legal defense fund, taking care to determine the true source of donations and avoiding 

any appearance of a conflict of interest." 

The full text of the letter is below and here. 
187 


34698.161

Dear Administrator Pruitt, 

We write to follow up on your testimony before the Senate Committee on 

Appropriations, Subcommittee on Interior, Environment and Related Agencies on May 

16, 2018. At the hearing, you confirmed that you have set up a legal defense fund. 

While you did commit to not accept any donations to your legal defense fund from 

lobbyists or corporations that have business before the EPA, we are seeking further 

clarification about your testimony on several points, including publicly disclosing all 

donations and the matter of anonymous donations. 

You committed that donations to your legal defense fund will be made public, and then 

indicated that the public disclosure will be done "pursuant to the requirements of 

disclosures." The Office of Government Ethics (OGE) recommends public disclosure of 

legal defense fund donors consistent with federal rules concerning the disclosures of 

gifts. Those rules require disclosure of contributions as part of your annual financial 

disclosures, but that could delay disclosure for well over a year. Furthermore, OGE 

also advises that "that the instruments establishing legal defense funds include a 

clause stating that "contributions shall not be accepted from anonymous sources." 

However, even if you do comply with that recommendation, there is significant 

ambiguity as to what constitutes an anonymous source. A donation from a 501 (c)(4) or 

a shell corporation may conceal the identity of the actual donor to your fund. 

Without further clarification of these issues, your legal defense fund may lead to more 

complaints that you may be violating the public trust. We believe a person in your 

position should regularly and publicly disclose all donors to a legal defense fund, 

taking care to determine the true source of donations and avoiding any appearance of 

a conflict of interest. To help us ascertain whether you will keep the public sufficiently 

informed of your defense fund's donations, we requestthatyou provide us with 

answers to the following questions: 

1. Have you consulted with OGE about the legal defense fund? Did OGE review all 

relevant documents governing the fund? Have you followed all advice provided 

to you by OGE? 

2. Has EPA's Designated Agency Ethics Official (DAEO) approved the structure of 

your legal defense fund? 

3. Will the legal defense fund include a screening process for the names of potential 

donors to be submitted in advance to the DAEO to seek a determination as to 

whether the contribution is from a prohibited source or has business before the 

agency? If so, please describe the screening process that will be put in place. 
188 


34698.162

4. Will the legal defense fund provide the names of all donors to EPA's DAEO? Will 

you commit to providing that information no less frequently than on a monthly 

basis? 

5. Will you publicly disclose the identities of all contributors to your legal defense 

fund no less frequently than on a monthly basis? 

6. What steps are being taken to ascertain whether any contributors, their 

employers, clients, or any entity in which they have a beneficial interest, have 

business before EPA? Do you commit to providing that information to the 

DAEO? How frequently will that information be provided? 

7. Do you agree to submit to the DAEO all relevant information about your past or 

present contacts with contributors to your legal defense fund so he can 

determine whether any steps must be taken by you to comply with the Ethics in 

Government Act? 

8. Will you allow contributions to your legal defense fund to be made by lobbyists 

(or their spouses) whose firms represent clients with business in front of EPA? 

9. Will you allow contributions to your legal defense fund to be made by individuals 

(or their spouses) who work for companies with business in front of EPA? 

10. Will you accept contributions from EPA employees (or their spouses)? 

11. Will you accept anonymous contributions to be made to your legal defense fund? 

12. Will you accept contributions from 50 1 (c)( 4) organizations or contributions from 

corporate entities, the beneficial owner(s) of which are not publicly known? If 

you will, how will you ensure that no one with business before EPA has 

contributed to your defense fund through one of these entities? 

13. Will you be transferring political campaign funds, political party funds, or PAC 

funds to your legal defense fund, or will you be using monies from one or more of 

those sources to supplement your legal defense fund? 

14. The Office of Government Ethics advises that legal defense funds must be 

operated consistent with" rules regarding the acceptance of gifts from outside 

sources". That includes compliance with the Office of Government Ethics' 

exception to the gifts rules that allow an employee to accept "a gift valued at $20 

or less, provided that the total value of gifts from the same person is not more 

than $50 in a calendar year." Accordingly, please confirm that you do not intend 

to accept more than $50 from the same person in one calendar year. 

In addition to these questions, we are also requesting that you provide copies of all 

documents establishing your legal defense fund as well as copies of all documents 

related to the fund that were provided to you by EPA's ethics officials within ten 

business days. 
189 


34698.163

POLITICO 

POLITICO 

The EPA has said the expensive flights were necessary because of the high number of security threats 

Administrator Scott Pruitt has received. I J. Scott Applewhite/ AP Photo 

Pruitt spent over $105,000 on first-class flights 

By EMILY HOLDEN, ANTHONY ADRAGNA and ALEX GUILLEN I 03/20/2018 09:37PM EDT 

EPA Administrator Scott Pruitt spent more than $1os,ooo on first-class flights in his first 

year on the job, according to records EPA provided to the House Oversight Committee and 

obtained by POLITICO on Tuesday. 

Pruitt has drawn criticism for regularly booking first-class flights rather than the coach 

tickets recommended by EPA protocol. The agency has said the expensive flights were 
190 


34698.164

necessary because of the high number of security threats Pruitt has received. 

That $105,ooo figure doesn't include an additional $58,ooo Pruitt rang up on charter 

flights and a military jet to carry him and his staff from an event with President Donald 

Trump in Cincinnati to catch a connecting flight to Europe out ofNewYork, according to 

previously released records. 

The most expensive airfare listed in the new documents was a $16,217 trip in December to 

Morocco, where Pruitt touted American natural gas exports. Pruitt missed a connecting 

flight and stayed overnight in Paris, and appears to have missed two flights to Morocco 

before flying to Rabat on Dec. 11. He left the country two days later. 

The travel information also shows Pruitt originally intended to travel to Australia from 

Aug. 31 through Sept. 8 to "discuss best practices regarding the environmental operations" 

within the country. But that trip, to Sydney and Melbourne, was eventually scrapped. 

Morning Energy newsletter 

a ource for energy and environment news -weekday mornings, in your in box. 

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In a letter to Rep. Trey Gowdy (R-S.C.), chairman of the committee, EPA said Pruitt and his 

family have been the targets of direct and implied threats. 

The agency has approved the first-class flights "on an individualized basis," the letter said. 

"[As] the letter explains, EPA's Protective Service Detail identified specific ongoing threats 

associated ·with Administrator Pruitt's travel and shifted his class based on certain security 

protocols that require him to be near the front of the plane," EPA spokesman Jahan Wilcox 

said. 

The committee, which requested the documents a month ago, said it is "in the process of 

reviewing and evaluating the documents and information," which will determine its next 

steps. 
191 


34698.165

POLITICS 

Scott Pruitt Bypassed the White House to Give 

Big Raises to Favorite Aides 

The embattled EPA chief used an obscure provision last month to increase the 

salaries of a pair of staffers by tens of thousands of dollars. 

ELAINA PLOTT AND ROBINSON MEYER APR 3, 2018 

Scott Pru1tt speaks at <:3 White House press briefing in June. (JONATHAN FRNST, r~EUTE!<S) 

Updated onApri/3 at 2:23p.m. ET 

In early March, Environmental Protection Agency Administrator Scott Pruitt 

approached the White House with a request: He wanted substantial pay raises for 

two of his closest aides. 

The aides, Sarah Greenwalt and Millan Hupp, were part of the small group of 

staffers who had traveled with Pruitt to Washington from Oklahoma, where he had 

served as attorney general. Greenwalt, a 30-year-old who had worked as Pruitt's 

general counsel in Oklahoma, was now his senior counsel at the EPA. Hupp, 26, 

was working on his political team before she moved to D.C. to become the agency's 

scheduling director. 
192 


34698.166

Pruitt asked that Greenwalt's salary be raised from $107,435 to $164,200; Hupp's, 

from $86,460 to $114,590. Because both women were political appointees, he 

needed the White House to sign-off on their new pay. 

According to a source with direct knowledge of the meeting, held in the 

Eisenhower Executive Office Building, staffers from the Presidential Personnel 

Office dismissed Pruitt's application. The White House, the source said, declined 

to approve the raises. 

So Pruitt found another way. 

A provision of the Safe Drinking Water Act allows the EPA administrator to hire up 

to 30 people into the agency, without White House or congressional approval. The 

provision, meant to help expedite the hiring of experts and allow for more flexible 

staffing, became law in 1996. In past administrations, it has been used to hire 

specialists into custom-made roles in especially stressed offices, according to Bob 

Perciasepe, a former acting EPA administrator. 

After the White House rejected their request, Pruitt's team studied the particulars 

of the Safe Drinking Water provision, according to the source with direct 

knowledge of these events. By reappointing Greenwalt and Hupp under this 

authority, they learned, Pruitt could exercise total control over their contracts and 

grant the raises on his own. 

Pruitt ordered it done. Though Hupp and Greenwalt's duties did not change, the 

agency began processing them for raises of $28,130 and $56,765, respectively, 

compared with their 2017 salaries. Less than two weeks after Pruitt had 

approached the White House, according to time-stamped Human Resources 

documents shared with The Atlantic, the paperwork was finished. 

Word of the raises quickly began to circulate through the agency. The episode 

infuriated some staffers; to some political aides, it was evidence of Pruitt's 

disregard for the White House's warnings to cabinet officials that they avoid even 

the appearance of impropriety. It also underscored the administrator's tendency to 

play favorites among his staff, according to two sources with direct knowledge of 

agency dynamics. Hupp, in particular, is making more than her Obama-era 

predecessor, a five-year veteran of the agency who did not break six figures until 

the final year of the administration, according to public records. (While Greenwalt 
193 


34698.167

has no obvious peer in the Obama administration, the EPA's general counsel had 

an annual salary of $155,500 in 2016.) 

Said one EPA official, who spoke on the condition of anonymity because they were 

not authorized to talk to the press: "This whole thing has completely gutted any 

morale I had left to put up with this place." 

"The Safe Drinking Water Act provides the EPA with broad authority to appoint 

scientific, engineering, professional, legal, and administrative positions within EPA 

without regard to the civil service laws. This is clear authority that has been relied 

on by previous administrations," EPA spokesman Jahan Wilcox said in a statement. 

"The Administrator was not aware that these personnel actions had not been 

submitted to the Presidential Personnel Office. So, the Administrator has directed 

that they be submitted to the Presidential Personnel Office for review." 

The White House did not return requests for comment. 

The unusual hiring scheme comes amid new questions about Pruitt's ethics as 

administrator. The EPA chief rented a Capitol Hill apartment partly owned by the 

wife of a top energy lobbyist, paying just $so per night for the space, according..tQ 

an ABC News report last week. Pruitt also faces questions over his use of taxpay~ 

~Y. to make regular first- and business-class fliglili during his first year in 

office. 

Now, in the wake of Greenwalt and Hupp's salary boosts, government watchdogs 

are deepening their probe of Pruitt's use of the Safe Drinking Water Act. 

Last May, Senate Democrats pressed the agency for answers about Pruitt's 

embrace of the provision. That month, for example, Pruitt used the law to hire 

Nancy Beck, a long-time lobbyist for the chemical industry, as the deputy head of 

the Office of Chemical Safety and Pollution Prevention. Historically, that role has 

been filled by a career civil servant or a political appointee. 

Because she was hired administratively, and not appointed by the White House, 

Beck did not have to sign President Trump's ethics pledge, which mandates that 

Trump officials cannot work on an issue on which they had lobbied in the previous 

two years. Senators Tom Carper and Sheldon Whitehouse, top Democrats on the 
194 


34698.168

Environment and Public Works Committee, sent a letter to the Government 

Accountability Office requesting a probe into Beck's hiring. They were concerned, 

chiefly, that Pruitt was using the Safe Drinking Water hiring authority as a way for 

new employees to evade the ethics pledge. 

"[The Safe Drinking Water Act] can be a legitimate way to bring on skilled experts 

the EPA needs to protect Americans' health and safety, but Administrator Pruitt 

seems more interested in using it to skirt ethics requirements, like the president's 

order banning hires from working on matters involving former employers or 

clients," Whitehouse said in a statement provided to The Atlantic. 

Last October, Senator Bob Menendez wrote to the EPA inspector general 

~~g an jnvestiga.tiun of the agency's use of the Safe Drinking Water hiring 

authority, among other matters. The IG agreed to take up the investigation two 

months later, but it wasn't until March that they began seriously questioning the 

EPA's top political appointees about potential abuse of the hiring authority. 

Now, staffers are waiting to see how officials will address the raises. 

"It's a complete coincidence that Pruitt went behind the White House's back and 

used this in the most unethical way possible, just as the [inspector general] starts 

asking questions," said one EPA staffer. "Now they just have to connect the dots." 

It's not as though Pruitt is the first EPA administrator to lean on the Safe Drinking 

Water Act hiring authority. EPA veterans of both the George W. Bush and Barack 

Obama administrations said they were well-acquainted with the provision. But of 

the half-dozen former top EPA staffers interviewed for this article, not one could 

comprehend using it as a means of increasing salaries-especially following a 

rejection from the White House. 

"I can't imagine that being done in the regime in which I served," said Stan 

Meiburg, a former acting deputy administrator of the EPA in the Obama 

administration. "It would have been very controversial. The accusation that would 

have been pinned on the administrator was that they were trying to give a private 

benefit using public funds." 

Meiburg, who spent his career at the EPA after joining as career staff in 1977, said 

that "ADs"-the internal shorthand for "administratively determined" hires-were 

considered a precious commodity inside the agency. 
195 


34698.169

"The number of ADs were monitored very closely by the chief of staff," he said. 

"To get one was a big deal. To get one was not an easy task." 

Christine Todd Whitman, the first EPA administrator under President George W. 

Bush, said she couldn't remember ever reclassifying a political appointee as an AD. 

"I don't even remember it being brought up as a potential or something to think 

about," she said. 

As Meiburg noted, even appearing to convert a political appointee to an AD simply 

to give a salary raise could prove politically damaging. But other officials said the 

deeper effects would be felt inside the agency, where a transparent show of 

favoritism could inflame inter-office tensions and decrease morale. And in an 

office where staffers already jockey for favor among Pruitt's "posse," according to a 

source who works closely with the EPA, such a backlash is likely. 

"It's already such a toxic work environment," the source said, requesting 

anonymity to speak candidly. "It's hard to see how it could get any worse." 

Over the last several days, as press reports have zeroed in on Pruitt's living 

arrangements, this is the scandal that has seized the agency from the inside. If 

Pruitt was on thin ice with the White House before, the acceleration of the inquiry 

into his payroll practices may shatter it. 

"We were once the president's favorite," said the EPA official. "Now we're the 

problem child." 
196 


34698.170

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What will be the most 

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2018 elections? 

Pruitt spent at least $9,600 on 

decor, desks: email BYTlMOTH'I CAMA AND MIRANDA GREEN· 05/22/l!l 07-03 PM EDT 

3,759 SHAm 

Environmental Protection Agency (EPA) head Scott Pruitt spent at least 

$9,600 to decorate his personal office with Smithsonian artwork, a 

refurbished desk and other framed items, according to an internal 

document obtained by The Hill on Tuesday. 

EPA paid $1,950 for labor and delivery charges on three pieces of artwork 

loaned from the Smithsonian Institution to Pruitt's executive office suite 

and spent over $2,500 to frame items that included a photo of him with 

President Trump and an American flag. Additionally, the document 

confirms earlier reports that agency otflcials paid $2,963 for a standing 

"captain's" desk and another $2,075 to refurbish another office desk for 

the administrator. 

The costs were tallied in a chart emailed to an EPA staffer in the general 

counsel's office last week that was labeled "expenses." 

While the Smithsonian doesn't charge federal agencies to rent items, the 

costs for the three paintings- one by William Louis Sonntag Sr,, the 

others being portraits of Founding Fathers John Marshall and James 

Monroe- were labelled as for labor and delivery. 

Smithsonian spokeswoman Linda St. Thomas said the funds went to a 

company that handles and deliveries artwork for federal agencies, not to 

the museums that own the pieces. Federal .agencies and presidents 

routinely borrow works of art from the Smithsonian. 
197 


34698.171

WHAT AMERICA'S THINKING 

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VIEW ALL 

Pe.lated News by 

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However, the expenses listed for Pruitt appear to surpass the $5,000 limit 

set by Congress for redecoration costs. When the costs exceed that 

amount, an agency must notify lawmakers before authorizing the 

payment. 

EPA spokesman Jahan Wilcox defended the expenditures Tuesday 

and said that many of them do not count as costs to furnish Pruitt's office. 

The refurbished desk, Wilcox said, was offered to Pruitt by the Office of 

Administration and Resources Management, which fixed up the desk for 

Pruitt. The two framed certificates from Pruitt's confirmation are a 

standard expenditure for EPA heads, Wilcox said, alluding that they were 

gifts. He also said one of the paintings, whose labor and care cost EPA 

$1,200, and the $916.15 American flag were hung in a "lobby.~ 

Wilcox could not specify whether the lobby was part of Pruitt's office 

suite. 

After taking those out, Pruitt's total office furnishing costs fall just below 

the $5,000 limit, according to Wilcox. 

"Every cabinet official gets $5,000 to furnish their office and we have 

spent $4,984.06," Wilcox said. 

Wilcox additionally mentioned that Pruitt's office had portraits of Abraham 

Lincoln and Henry Clay on loan from the National Gallery of Art and 

National Portrait Gallery, while the EPA breakdown of expenses obtained 

by The Hill did not include costs for those items. 

Kevin Chmielewski, a former EPA aide turned whist!eblower, detailed the 

artwork, desk and framed item expenses to Democratic congressional 

staff in an interview last month. 

Five top Democrats leaders sent a letter to Pruitt and copied Trump saying 

Chmielewski said Pruitt spent "well beyond the $5,000 allowed by law to 

decorate your office, including refinishing an antique desk, purchasing an 

additional standing desk,. paying leases for art on loan from the 

Smithsonian Institution, framing an 8x10 foot United States flag, and 

building a $43,000 soundproof booth." 

Speaking to The Hill Tuesday, Chmielewski said he was responsible for 

personally getting the various items framed for Pruitt's office, adding 

Pruitt had promised at the time to reimburse EPA for the framed photo of 

him and Trump that included the pen Trump used to sign an executive 

order on environmental regulations. 

"The framed photo of himself was supposed to be paid out of his pocket 

with 100 percent certainty," Chmielewski said. "Here's the irony of that, 

he's going to want that after he leaves EPA. That's why I thought it was no 

big deal he said that he'd pay for it." 

Chmielewski said both the captain's desk and the framed flag were placed 

in the waiting area of Pruitt's executive suite. 

An Incredible $200 

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Using This Card 
198 


34698.172

S.PONSORED BY NEXTADVISOR 

SPONSORED CONTiNT 

The Government Accountability Office ruled last month that another 

expense in Pruitt's office, the construction of a $43,000 soundproof 

booth, broke the law that establishes the price cap because the agency 

failed to get prior congressional approval. 

Pruitt has been under heavy scrutiny for his use of taxpayer money, 

including the around $3 million spent on his security detail and 

authorizing significant wage increases for two aides who moved to D.C. 

from Oklahoma, raises that were reversed amid public outcry. 

Last week, lawmakers grilled Pruitt on his office expenses at a Senate 

Appropriations subcommittee hearing. "As! look back on those decisions, 

! would not make the same decisions again," he told senators. 

He blamed the misspending on not having proper internal procedures in 

place and promised that they have since been changed. 

"Some of the areas of criticism are, frankly, areas where processes at the 

agency were not properly instituted to prevent certain abuses from 

happening," he said at the hearing. 

-This was updated at 2 p.m. Wednesday, 

TAGS SCOTT PRUITT DONALD TRUMP ENVIRONMENTAL PROTECTION AGENCY EPA 

THE:Miu 1828KtnREi:t.NWBbiTE900 WAt;HitfOTON DC 200081202•628-afJOO. TEL l202-628-8li03"FAX 

THE CONTENTS OF THIS siTE ARE ®2018 CAPITOL HIU PUBLISMING CORP., A SUB&IDIARY OF NEWS COMMUNICAnoN6,1NC. 
199 


34698.173

Fonner Pruitt aide al!eges wasteful spending, extruvagant travel by EPA chief- The Washington Post 

sections Qrbc ll.ltt!ihington jJost i) II (I (I 1/{)l II I Will 

Energy and En'Jironment 

Former Pruitt aide alleges wasteful SJ)ending~ extrav11gant travel by EPA t•hil•f 

By Brady Dennis and Juliet El!per!n Email the author 

EPA chid Scott Pruitt !i<;tcns. to President Trump speak to the mcd!a before a meeting with his Cullinct this week. (Jim l.o Scalzo, £PAEFE;Sl1uttcrstock) 

A former senior aide to Environmental Protection Agency Administrator Scott Pruitt has given congressional 

https :/ /wv.w. washingtonpost.com/."ruitt-aide-alleges-litany -of-wasteful-spending-extrav agant-travel-by-epa-ch ief/?utm _ tenno=:.cac60a3 1930d{ 6! 18/20 !8 4:50:3 I PMl 
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Fonner Pruitt aide alleges \HL~teful spending. extravagant tr.ncl by EPA chief· lhe Wa'i-hington Post 

investigators a detailed list of what he describes as Pruitt's wasteful spending and unethical behavior, according to 

a letter signed Thursday by Democrats in both houses of Congress. 

Kevin Chmielewski, a former Trump campaign aide who until recently served as Pruitt's deputy chief of staff for 

op('rations, told congressional staffers that Pruitt routinely pushed for unjustified expenditures on hi~' 

lodging and changes to his office, and that he marginalized employees who questioned his directives. 

The allegations are included in <1 ldh'r to Pruitt sent Thursday by five Democrats in the House and Senate, 

including Rep. Elijah E. Cummings (Md.) and Sen. Thomas R. Carper (Del). 

EPA officials previously have dismissed Chmielewski as one of a group of"disgnmtled" employees who were 

dismissed or reassigned. Chmielewski has said he was removed from his position and placed on administrative 

leave after refusing to approve inappropriate expenditures. 

··we \viii respond to Members of Congress through the proper channel," EPA spoke..<;man .Jahan Wilc.ox said in a 

statement Thursday. 

Many of Chmielewski's a....:;sertions have previously been reported, but his allegations against Pruitt- which 

stretch on for several pages- offer a firsthand accounting of what he saw behind closed doors at the EPA. 

Chmielewski claims that Pruitt often chose tr<-l\'d dt'~tinations hast.>d on a desire to visit particular cities or 

countrie..'i rather than official business, according to the letter. He said Pruitt also directed staffers to book flights 

on Delta, even when it was "not the federal govemment's contract carrier for the route," in order to accrue more 

frequent flier miles. He also said Pruitt routinely asked his staff to "find reasons" for the administrator to travel to 

Oklahoma, so that he could then remain in his home state for long weekends, often at taxpayer expense. 

In addition, Chmielewski claimed that Pruitt "frequently stayed in hotels that exceeded the allowable U.S. 

government per diem," and that while planning trips to Italy and Australia- the latter trip was canceled- Pruitt 

refused to stay at hotels recommended by the U.S. EmhaS!:>-y, even though the hotels suggested by embassy 

officials "had law enforcement and other U.S. resources on site." 

A current EPA official, who spoke on the condition of anonymity to speak frankly, said Pruitt had pushed to stay 

in a boutique hotel in Australia but not in Italy, as Chmielewski has told investigators. 

Pruitt repeatedly opted to stay in Soft tel chain hotels both domestically and overseas, according to multiple aides, 

even when those costs exceeded the allowed government per diem. 

Chmielewski also claimed that Pruitt's chief of staff, RY'·ln Jackson, was excluded from scheduling mef!tings about 

the EPA leader's travel after raising concerns about his t"~"Xpenditure.."l, according to the letter. 

Chmielewski's allegations extend to a series of other questions about spending and management decisions for 

whkh Pruitt is facing scmtiny. He said the EPA administrator far exceeded the amount allowed on alterations to 

his offic.e, including refinishing a desk and purchasing another one and ordering a custom-built sonndprn,,f 

plmnt' bo\)tb 

He al.;;o asserted that Pruitt had a trusted aide, MiHan Hupp, "act as a pt'rS(ltW.I rval e,.;tat(; rqm .. ~sentntiw" and 

directed Hupp to look into a pos...;;ible $too,ooo-per-month h'a~\', an idea that was ultimately 

dropped. Chmielewski also said Pruitt was in favor of steep raises given to Hupp and another aide, despite the 

lack of White House approval. 

Read More: 

https·/'\\Ww.washingtonpost.cnmt ... ruitt-<licle-a!!eges-litany-of·wastcfu!-spenrling-cxtravagant~travel~hy-crN:hicfi'.\Ltm_tclil1"'.cac60aJ1930cl[6/18/2018 4:50::11 PMI 
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l'omlcr Prum aid.: a!kgcs wasteful spending. extravagant tra\d h) El'A chld ·The \\ashington Po~t 

tm1linn 

Brady Dennis is a national reporter for The Washington Post. focusing on the environment and 

public health issues. He previously spent years covering the nation's economy. Dennis was a 

finalist for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow @brady_dennis 

Juliet Ei!perin is The Washington Post's senior national affairs correspondent, covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She is the author of two books- one on sharks and another on Congress, not to be confused 

with each other- and has worked for The Post since 1998. Follow @eilperin 

!11\ps: ·:"vwW.\\<lShingt~mrost.mmf ... nutt-aide-a!leges-litany-ot:wasteful-spcnding-exlra~ agaut-tmvd-b) -t:p;H::.hicf!'.'utm~_tcnn= n~e60a31930d(6"l S '201 S 4:50:3 I P\1 J 
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\cott Pruitt's security detail cost nearly $3.5 million his first year, agency reports~ The Washington Post 

sect1ons QriJc \Uasl!ington fJost }ill I Jl I < 

Energy and Environment 

St•ott Pruitt's security detail cost neur1y $3.5 miJiion his first year, agency reports 

By Juliet Eilperin Email the author 

Environmental Protection Agency Administrator 

Scott Pruitt !is tens as President Trum!) speaks 

during a Cabinet meeting: May 9. (Jabin 

Th:~ r.:-.:,;;)d-the-clock security detail for 

E!i:1i'!J!:O!:f:i!:lental Protection Agency Administrator 

~1::m:f"i iFmitt cost taxpayers almost $3.5 million 

.;ll;.::rb;,~; h:ls first year in office, according to figures 

, . ., ;I!; I ;;'i ;•,:1 Friday by the agency. 

''!1;;:,~ ~f.~':'i, spent more than $2.7 million on agents' 

t-mi:§:ri.!::f.:gnd roughly $760,00 on travel costs as part 

!!:f. t!:r:l~i t<:?verage, records released under the 

~;l~=!;:-i;;;~;;;!l;;. of Information Act show. The amount is 

~:=~:=~:~!!;::.d::n~ble what taxpayers paid annually on 

a:;;<e'i'fr,i;'C to provide security for Pruitt's two 

immediate predecessors, Gina McCarthy and Usa 

Jackson, during their tenures. 

Botsford/The Washir,gton Post! Pruitt received 24-7 protection starting on his first 

day, according to documents released earlier this month by the EPA's inspector general. Then-senior White 

House adviser Don Benton first ordered the round-the-clock detail on Feb. 12 out of concern that President 

Trump's controversial policies could make Pruitt a target, emails obtained by The Washington Post show, and 

then Pruitt opted to maintain that level of protection. 

As a result, the size of the administrator's security entourage has tripled, and agents accompany him not only on 

official travel but also during weekend trips home to Tulsa and vacations to states such as Kentucky and 

California. 

The EPA's figures indicate the cost of covering previous administrators annually averaged less than $1.9 million 

over the past eight years. 

In an email Friday, EPA spokesman ,Jahan Wilcox again pointed to the verbal and written threats Pruitt had 

received since joining the Cabinet. Both the administrator and his aides have said Pruitt delegated decisions 

about his level of protection, as well as related decisions such as traveling first class for safety, to the head of his 

detail, Pasquale "Nino" Perrotta. Perrotta, who came under congressional scrutiuy for his role in several key EPA 

spending decisions, retired recently. 

https://www.washingtonpost.com/ .. ,ott-pruitts-security-detail-cost-nearly-3«5·million-his·first·year~agency-reports!?utm_term=.aecl23077fc9[6/l812018 4:51:26 PMl 
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Scott Pruitt's security detail cost nearly $3.5 million his firs.t year, agency reports- The Washington Post 

"Administrator Pruitt has faced an unprecedented amount of death threats against him, and to provide 

transparency EPA will post the costs of his security detail and proactively release these numbers on a quarterly 

basis," Wilcox said. "Americans should all agree that members of the President's Cabinet should be kept safe from 

violent threats." 

But environmentalists such as Lori Ann Burd, director of the environmental health program at the advocacy 

group Center for Biological Diversity, questioned whether such spending was justified. 

"It's deplorable that Pruitt has spent millions of taxpayer dollars simply to avoid facing taxpayers' criticism of his 

poisonous policies," Burd said in a statement. "He's willing to loosen restrictions on pesticides and air pollutants 

known to harm and kill people and wildlife, but he's unwilling to answer to the people he is harming. This is a 

new level of cowardice for the Trump administration." 

Read more: 

Pruitt requested. receiYed, 24-7 security starting 011 hi::: first day 

Here's the EPA memo justifyin~ Pruitt's tirst-dass trtm:l 

First-class travel distinguishes EPA chief Pruitt's tenun~ 

Juliet Eilperin is The Washington Post's senior national affairs correspondent, 

covering how the new administration is transforming a range of U.S. policies 

and the federal government itself. She is the author of two books- one on 

sharks and another on Congress, not to be confused with each other- and 

has worked for The Post since 1998. Follow @eilperin 

https:/f\\1-VW. washingtonpost.com/ ,.,oU~pruitts~security-.detail-costwnearly~3w 5-million-his-first•year-agency-reports/?utm _term= .aec 12307 7fc9f 6/18/20 18 4 :51 : 26 PMJ 
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Scott Pruitt's $43,000 soundproof phone booth violated spending laws, federal watchdog Unds ·The Washington Post 

Energy and Environment 

Sf~ott Pruitt~s $43~000 soundproofphont' booth violated apentling laws, federal wntchdo~ finds 

By Brady Dennis and Juliet Eilperin Email the author 

The nearly $43,000 .soundproof phone booth Environmental Protection Agency Administrator Scott Pruitt had 

installed in his office last year violated federal spending laws, the C':revernment Accountability Office said Monday. 

In an eight-page lencr to hnvmnkers, GAO general counsel Thomas H. Armstrong said the agency failed to notify 

lawmakers that it was exceeding the $5,000 limit for agency heads to furnish, redecorate or otherwise make 

improvements to their offices. In addition, Armstrong wrote, the agency also violated the federal Antideficiency 

Act, "because EPA obligated appropriated funds in a manner specifically prohibited by law." 

The EPA had argued that the almost $25,000 customized phone booth- which required painting, concrete and 

https://www. washingtonpost.com/ ... 3000·soundproof·phone-booth-violated-spending-laws·federal-watchdog-finds/?utm_tenn"".l4e8f1Jl 091 £2[6/18/2018 4:49:0 I PMJ 
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~con f'rwt(s $-13.00() soundproof phonl.' booth violati.'J !>pending laws, federal \hlh::hdog finds- fhc Washin)!IOn Post 

\wrk totaling more than $18,000 to reconfigure the small do._.:.:et area where it was placed- was not part 

of a redecoration of Pruitt's office and should not be subject to the $5,000 cap. 

\Vhile the agen<.·y maintains other areas in its building where officials can place secure calls, and lvhile none of 

Pruitt's predece.•>sors have had such a st•tup, the agency argued the privacy booth allows Pruitt to "make and 

receive calls to discuss sensitive information ... (up to the top secret level) for the purpose of conducting agency 

business." It also argued that the booth was "analogous to other functional items an employee might require to 

petform his job duties such as a high speed eomputer, high speed copier/scanner, or television." 

Tiw GAO did not buy those arguments. Rather, Armstrong wrote the booth met the critetia to bt.~ included under 

federal requirements that dictate agency heads stick to a $5,000 limit in upgrading their offices. As such, he 

v.Tote, "EPA was required to notify appropriations committee..'> of its proposed obligation." 

Armstrong made it dear Monday the decision was not a ruling on whether the EPA and Pruitt should have 

installed the high-prict~d phone booth to begin with. 

''We draw no conclut>ions regarding whether the installation of the privacy booth was the only, or the best. way for 

EPA to provide a secure telephone line for the Administrator," he wrote. "EPA's failure to make the nec>t>~<>sary 

notification is the only subject of this opinion." 

In an email Monday, EPA spokeswoman Liz Bmvman reiterated Armstrong's point, saying GAO "n~cognized" the 

"need for employees to have access to a secure telephone line' when handling sensitive information.'' 

"EPA is addressing GAO"s concern, with regard to congressional notitlcation about thi:;; expense, and will be 

sending Congress the necessary information this week,'' il0\'\.1Tian said, adding EPA's general t'Ounsel had reached 

a different legal conclusion from GAO and did nut believe the agent')' needed to give lawmakers advance warning 

about the upgrade. 

Sen . .John Barrasso of Wyoming, the Republiean chainnan of the Senate committee that oversees the EPA, said in 

a statement Monday that the agency owes lawmakers an explanation. "It is critical that EPA and all federal 

agencies comply with notification requirenumts to Congress before spending tax payer dollars,"' Barrasso said. 

"EPA must give a full public accounting of this expenditure and explain why the agency thinks it vvas complying 

with the law." 

Rep. lletty McCollum (D-Minn,), one of several lawmakers who requested the GAO review, .said in a statement 

Monday ''there are few greater examples of government waste than a $43,000 phone booth. Now we know that 

the purchase wasn'tjust unnecessary and wasteful, but actually illegaL Tite American people deserve so much 

bt.~tter than the culture of corruption, cronyism, and incompetence that is pervasive in the Trump administration 

and the Pmitt EPA." 

The elaborate overhaul EPA officials had to make to accommodate the privacy booth in a closet within the 

administrator's suite t•scalated the original cost oft he booth from $24,570 to $42,729, according to federal 

records. The Washington Post first reported the existence of the hooth last September and the additional costs 

<~ssociated with it last month. 

EPA officials, including Pruitt himself, have consistently said the administrator needs a secure area to talk to 

\'Vhite House officials and others in the administration. Testil)ing before the House Energy and Commerce 

Committee in December, Pruitt likened the booth to a Sensitive Compartmented Infonnation Facility, or SCIF. 

"It's necessary for me to be able to do my job," he told lawmakers. 

https;,'iv. \\W.\\itShingtonpt.lSt.com/...3000-snunJprO..lf-phone-booth-violatcd-spcnding:-laws-!Cdcral-\\lllchUog-finds!'!utm_tcmF".I4cl!flll09ll1!6/l8i2018 -1>19:0 I I''-1 1 
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Scott Pruitt's $43.000 soundproof phone booth violated spending laws, federal watchdog finds· The Washington Post 

No previous EPA leaders, however, have had such a setup. The agency has long maintained a SCIF on a separate 

floor from the administrator's office, where officials with proper clearances can go to share information classified 

as secret. Pruitt's aides have never specified what ac;pect.s of that facility might be outdated, or whether the unit 

now inside the administrator's office meets the physical and technical specifications generally required for a SCIF. 

Even Armstrong noted Monday that the agency "did not state whether the booth has been certified" as an SCIF, 

To install the booth, the EPA signed a contract last year with Acoustical Solutions, a Richmond-based company. 

The firm sells and installs various sound-damping and privacy products, from ceiling baffles to fuH-scale 

endosures like the one picked by the EPA. Agency officials ordered a soundproof booth that typically is used to 

condud_ hearing tests, hut customized it at an additional expense to ensure private conversations. 

'"'They had a lot of modifications," Steve Snider, an acoustic sale-s consultant with the company, t(lld 

the time. 

Po"i at 

The EPA also paid a Virginia firm $7,978 to take out dosed-circuit tele\ision equipment in the room to 

accommodate the booth. It also released federal invoices under a Freedom of Infonnation Act request by the leftleaning group American Oversight showing the agency hired one contractor to pour ass-square-foot concrete 

hlock that was more than two-feet thick, at a cost of $3.470, another to install a drop ceiling for $3,361, and a 

third to patch and paint the room for $3,350. 

Separately Monday, EPA's inspector general released a "management alert" that detailed how Pruitt's cl1ief of 

staff Ryan ,Jackson had used a provision in the Safe Drinking Water Act to quickly bring on multiple political 

appointees and later boost their salaries. 

The interim report, which stem$ from a broader, ongoing audit of the agency's use af the law's hiring authority, 

detailed how ,Jackson awarded more than a half-dozen appointees generous raises "'1thin a year of them joining 

the EPA. An EPA scheduling and advance director received a 72.3 pereent raise last year, according to documents 

and agency officials, while senior counsel Sarah Greenwalt got a 67.6 percent raise. Other appointees, such as 

Pruitfs speech writer Lincoln Ferguson and senior advance associate Forrest McMurray, received at least a 25 

percent sala!)' boost in 2017. 

The inspector general said Monday's report was intended to "provide certain factual information" but "does not 

present any conclu:o;ions or recommendations.'' 

EPA officials said nearly nil of the raises came after these aides had taken on additional responsibilities or had 

been promoted. 

"Salary determinations for appointees are made by EPA's chief of staff, White House liaison and career human 

resources officials,'' EPA spokesman .Jahan Wilcox said, who added the agency had been "responsive" to the 

inspector general's inquiries. "Salary determinations are made to avoid disparities among positions of l.>quivalent 

or similar responsihilities, to the extent possihle." 

Pruitt and his top aides used the law's authority to hring appointee..o; aboard quickly to help implement the Trump 

administration's agenda. Previous administrations have employed the provision in similar ways, though they do 

not appear to have used it as often. 

Pruitt is not the only Cabinet member to come under scrutiny for redecorating his office ·without notifying key 

congressional appropriations committet~s in advance. 

Housing and Urhan Development Secretary Ben Carson has come under fire for enlisting his wife Candy's input 

in upgrading bis office, a move that prompted protests from the departmPnt's rhief administrative officer at the 

hHps \\\\ w.washingtonpost.com/ .. JOOO-soundproof·phonc-lxtoth·violated·spendin~Haws·lederal-watchdng-linds/7utnUenn"'.l4e8f91 091 f2[6/18/2018 4:49:0! PM I 
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S~:ntt Pmit(s S43.000 soundprouf phon..: booth \io!atcU spenLltng la\\S, f.:Lll·m! 'A-atchUog finds~ rhc Washington Po;,t 

time, Ilelen Foster. Foster was later reassigned and has filed a whistlehlower complaint. 

Federal records and interviews with HUD employees indicate Candy Carson ,,·as consulted multiple times about 

the rFd~·r(•ratill!-'- Pil<n t that included the purchase of a dining room set costing more than $31,000. 

Last month, Carson told la\vmakers when testifying about his budget he was told when he assumed his post that 

traditionally secretaries redecorate their offices. 

"You know, I'm not really big into decorating," Carson added. "'If it were up to me, my oft1ce would probably look 

like a hospital waiting room. At any rate, I invited my '"ife in to come help me." 

Read more: 

Brady Dennis is a national reporter for The Washington Post, focusing on the environment and 

public health issues. He pre'f'iously spent years CO'f'ering the nation's economy. Dennis was a 

finalist for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow @brady_ dennis 

Juliet Eilperin is The Washington Post's senior national affairs correspondent, covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She is the author of two books- one on sharks and another on Congress. not to be confused 

with each other- and has worked for The Post since 1998. Follow @eilperin 
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EPA·s Pruitt spent$1,560 on 12 customized fountain pens from Washington jewelry store~ The Washington Post 

ss cuo"s \!riJI.' hl!\!li}iugton fJost 1 (( ) /!( ' 

Energy and Environment 

EPA's PntiH "pent $1,560 on 12 customized fountain pen10 from Washington jewe1r)' store 

By Brady Dennis and Juliet Ei!perin Email the author 

The account manager at the Tiny Jewel Box, which calls itselfWashington's "premier destination for fine jewelry 

and watches," had promised to expedite the order of a dozen customized silver fountain pens- each emblazoned 

with the seal of the Environmental Protection Agency and the signature of its leader, Scott Pruitt. 

Now all that the EPA staff member working with the store needed was for a top Pruitt aide to sign off on the 

$3,230 order, which also included personalizedjourna1s. 

"The cost of the Qty. 12 Fountain Pens will be around $1,56o.oo," the staffer emailed Aug. 14 to Millan Hupp, 

Pruitt's head of scheduling and advance and a tn1sted confidante dating to his Oklahoma days. "All the other 

https:/ /www. \\-'ashingtonpost.com/ ... itt ~spent ·15 60-Qn·12~customized·founl.ain•pens~ from•washington•jewelry·store/?utm ~term= .SSe l295fb9df[6/l8/20 l8 4: 52:5 4 PM] 
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i'PA '.s PrUitt spent $1,560 on 12 customized fountmn pens from Washington Jewclr;. store· rhe \Vashington Post 

items total cost is around $1,670.00 which these items are in process. Please advise." 

"Yes, please order," Hupp responded later that day. "Thank you." 

The p:-,.ch:l;ly:t', included among thousands of pages of emails re]ea."ed this week as part of a Freedom of 

Information Act lawsuit by the Sierra Club, offered another glimpse of the high-e-nd tastes of the EPA chief, who 

has faced months of scrutiny over his expe-nditures of taxpayer money on 

a,-.; \'),PPO phonr: hunth, a top~of-the-line St '\.and other office upgrades. 

ln recent weeks, Pruitt has blamed some of those questionable t~xpenditures on the agency's rank and file, arguing 

that he often played no role in the decision to spend large sums of money. 

"Some of the things that have been in the media are decisions made by career staff- processes that were at the 

agency that there weren't proper cheeks and balances," Pruitt tnld the Washington Free Beacon in an intervie\N 

this week. He said he had recently instituted changes, including requiring that any expense over $5,000 related to 

his duties must be approved by several top agency officials. 'Tm having to answer questions about decisions that 

others made. And that's not an excuse, it's just reality." 

But the exchange last summer regarding the order of fountain pens- each of which cost taxpayers $130- shows 

that while Pruitt himself might not have been privy to the minutiae of such decisions, top aides rather than career 

staffers often were the ones signing off on them. 

EPA spokesman ,Jahan Wilcox defended the purchases, saying in a statement Friday morning that they "were 

made for the purpose of serving as gifts to the Administrator's foreign counterparts and dignitaries upon his 

meeting with them. ·n1is adheres to the same protocol of fonner EPA Administrators and were purchased using 

funds budgeted for such a purpose." 

The New York Times this spring that Pruitt asked the agency for fountain pens, stationery and leatherbound notebooks "from which he wanted to omit the E.P.A. seal and upon which he wanted to feature his name 

prominently." Ultimately, the items retained a small version of the seal. according to several people familiar \\ith 

the orders, the Times reported. 

That article, which did not include any cost details, also reported that Pruitt initially sought to refashion the 

agency's "challenge coin~ a sort of souvenir meda!Jion handed out by many civilian and militaiT leaders in 

government -by making the coin larger and n.~moving the logo. Pruitt "instead wanted the coin to feature ,<;ome 

comhination of symbols more reflective of himself and the Trump administration. Among the possibilities: a 

buffalo, to evoke Mr. Pruitt's home state, Oklahoma, and a Bible verse to reflect his faith," the Times reported. 

TI1e agency newr ordered new coins. 

ln a Senate hearing last month, Pruitt carne as close as he ever has to publicly acknowledging any personal fault in 

the ethical derisions that have triggered a dozen federal inquiries, including probes by the EPA's inspector 

general. the Government Accountability Office and the White House itself. 

''There have been decisions over the pa._.::;t 16 months that, as llook back, I would not make the same decisions 

again,"' Pruitt told lawmakers. 

Wt>eks earlier, he had told a House bearing that the public scm tiny surrounding him has been driven largely by 

those v.·ho oppose the agency's direction under the Tmmp administration. 

"Those who have attacked the EPA and attacked me are doing so because they want to derail the president's 

http:>:/ 1\\ -ww. washinp.tonpost.conti ... itt-spent~ 1560·<m~ 12 -custmn izL'tf· fountain·pcns·lfom·\\li:JJ ington·jC\\ ell') ·Storel?utm -· lo!rm"-.88c f295 fb9d ff (), I 8,- 20 IS 4: 52: 5 .J P!\.11 
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I· I' A·~ Pruitt :-:pent$1.560 on 12 customin>dlhuntain pens from \Vashing.tonjewelry store. The Washington Post 

agenda,'' Pruitt said. "l'm not going to let that happen." 

Andrew Tran contributed to this report. 

Read more: 

trnwl 

a~lmiL" him for housing hut 'on pvrsmwl 

Brady Dennis Is a national reporter for The Washington Post, focusing on the environment and 

public health Issues. He previously spent years covering the nation's economy. Dennis was a 

finalist for the 2009 Pulitzer Prize for a series of explanatory stories about the global financial 

crisis. Follow @brady_dennis 

Juliet Eilperin is The Washington Post's senior national affairs correspondent, covering how the 

new administration is transforming a range of U.S. policies and the federal government itself. 

She Is the author of two books- one on sharks and another on Congress, not to be confused 

with each other- and has worked for The Post since 1998. Follow @eilperin 

https:"t\\ WW,\\ ashingtonpost.com!_ . .itt-spent-1560-on-11-customized-founi.Jlin-pens-from-washington-jewelry-store/?utm ... temF.IIIIef2951Mdn6tl11.!20 Ill 4:51:54 i'Mj 
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E-P.A. OHicials Sidelined Afl.er Questioning Scott Pruitt~ The New York Times 

0 [ 

E.P .A. Officials Sidelined After 

Questioning Scott Pruitt 

Employee~ at tlw EnYironrm:nta! Protection .\0;CIH.'Y faced carver repercus~ions uftt'r questioning th(• 

https:/ h'W'Iv .nytimes. com120 1 8/04/05/business.lepa..officials-questioned~scott~pruitt.html{ 6/18/20 18 5:03: 25 PM l 

SUBSCRIBE LOG 11\i 
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E I':\. Ofliciab Sidelined After Questioning Scott Pruitt· The NC\\ York Times 

D 

management of the agency's administrator, Scott Pruitt. 

The concerns included unusually large spending on office furniture and firstclass travel, as well as certain demands by Mr. Pruitt for security coverage, such 

as requests for a bulletproof vehide and an expanded 20-pcrson protective 

detail, according to people who worked for or with the E.P .A. ami have direct 

knowledge of the situation. 

Mr. Pruitt bristled when the officials four career E.P.A. employees and one 

Trump administration political appointee- confronted him. said the people, 

who were not authorized to speak publidy. 

The political appointee, .K,:Iitll'hmickwski. was placed on administrative leave 

without pay, according to two of the people with knowledge of the situation. Mr. 

Chmielewski was among the first employees of Donalci.J. Trump's presidential 

campaign, serving as a senior advance official. The two people, who are 

administration officials, said that ~ir. Chmiclevvski flagged son1e of his concerns 

about Mr. Pruitt directly to the White Honse's presidential personnel oftlce. 

Two of the career officials, Reginald E. Allen and Eric Weese, were moved to 

jobs where they had less say in spending decisions and less interaction with Mr. 

Pruitt, the peopll' >aid. A third career official .• John E. Reeder, joined American 

University as a temporary '\c.'i!:cllih:lLin.nL:;i,tmc~" after being told by the E.P.A. 

to find a new job. And John C. Martin, who served on the security detail, was 

also removed from the team and had his gun and badge taken away after raising 

concerns about how Mr. Pruitt's security was being handled. 

A sixth official, Mr. Pruitt's chief of staff. R):an_J,Khlilln, also raised qnestions 

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t· .. P.A. 011idals Sidt:lined Aficr Questioning Scou f>n1iU ~The Ne\\ York Times 

about Mr. Pruitt's spending, according to three E.P.A. officials. He remains in 

his job but is considering resigning, agency officials said. Mr. ,Jackson came to 

the agency from the office of Senator ,James M. Inhofe, Republican of 

Oklahoma, who like Mr. Pruitt had been a major critic of regulatory moves 

made under President Barack Obama, and is a prominent climate change 

skeptic. 

Approval was required by the stalf officials for certain of Mr. Pruitt's 

expenditures, and Mr. Allen, Mr. Chmielewski, Mr. Jackson and Mr. Reeder at 

various points each voiced concerns to Mr. Pruitt directly about his spending. 

according to the two administration officials. 

Neither Mr. ,Jackson nor any of the five officials who left or were removed after 

questioning :VIr. Pruitt would comnwnt when contacted by The New York 

Times. Before their reassignments or removals, Mr. Weese was the head of Mr. 

Pruitt's protective detail, and Mr. Reeder. Mr. Allen and Mr. Chmielewski each 

served as deputy chief of staff. 

The White House declined to comment on Thursday, referring questions to the 

E.P.A., though President Trump, as he boarded Air Force One, said he had 

eonfidem~e in Mr. Prnitt. 

And in speaking to reporters on the plane, he described Mr. Pruitt as ''very 

courageous," while snggesting he was reviewing the complaints about him. "I'll 

make that determination," Mr. Trnmp said. "But he's a good man, he's done a 

terrific job. But I'll take a look at it." 

The E.P.A. challenged the assertion that the reassignments were related to 

objections to spending and other management issues. "We dispute the veracity 

of the accusations," said ,/alum Wilcox, a spokesman for the agency. 

The staff tumult comes to light as :Mr. Pruitt's stewardship of the ageney is 

under lllQlllltin~ ss:rutiny. He is the subject !!Lanitn~t:::ti~alilmb,Lth~::_l::,l~~ 

~di.!I~'!:ill. who is examining some of the spending and security issues. 

The "\Vhite Bouse confirmed on Wednesday that it was conducting its own 

examination. 

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EP.A. Offi~ials Sidelined After Questioning Scott Pruitt~ The New York Times 

Tensions Rise, Morale Sinks 

Several current and former E.P.A. employees said morale at the agenL'Y had 

suffered as they watched the friction play out between Mr. Pruitt and the 

officials. Christopher Zarba, a career E.P.A. employee who retired in Februai'Y 

after leading the agency's scientific advisory boards, said it was well known in 

the office that Mr. Allen had been sidelined for challenging Mr. Pruitt. 

"Brilliant, a natural leader, an off-the-charts-talented guy,'' Mr. Zarba said of 

Mr. Allen. "He had to push back on Pruitt on some of the trip and office 

modification expenses to keep everything legal, and we speculated he might 

have been removed for that reason." 

A senior political appointee, who came to the agency with the Trump 

administration and works on policy issues, offered a defense of Mr. 

Chmielewski: "Kevin is one of the most upstanding public servants and nicest 

all-around people .. Just because he stood up to what was clearly a bad idea, they 

are trying to sabotage the poor guy's reputation." 

Mr. Pruitt declined to be interviewed for this article, but he has spoken 'With 

conservative media organizations. In those interviews, he has cried foul about a 

flurry of media reports about his regular first:~raYcl, his use of an ohscure 

administrative provision to increase the salaries oftwo favored aides (over 

White House objections) and his below-market rental agreement for 

accommodations in Washington with the wife of an energy lobhyist whose 

clients 1}~QlLUlUlmhh.:In.cuJ.m<.:ILI from the E.P.A. 

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E.P.A. Officials Sidelined After Questioning Scott Pruitt~ The New York Times 

Kevin Chmielew.-:.ki, right, a deputy chief of staff at tl1e E.P.i\., \nls placed on administrntiw• lea\'C after 

months of raising objcctiDllS to ~lr. Pruitt's securily spending. 

The disclosures, he has suggested, were the handiwork of critics who were 

resorting to personal attacks to derail the deregulatory agenda being pursued by 

his agency and the Trump administration. Since taking the administrator's job 

in February 2017, Mr. Pruitt has advanced one of the administration's most 

aggressive regulatory rollbacks, including regulations intended to tighten rules 

related to coal-burning power plants, oil and gas drilling, auto and truck air 

emissions, and pesticides. 

Yet the revelations about his staff turnover, which have not been previously 

reported, demonstrate that concerns about his spending and leadership 

resonated within his own team well before they became the subject of media 

reports and investigations by the E.P.A. inspector general and the White House. 

Agency records obtained through open-records requests show the critical role 

that Mr. Allen, Mr. Chmielewski and Mr. Reeder played in reviewing Mr. 

Pruitt's travel plans. In some instances, several agency officials said, push back 

by the officials prevailed. 

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E.P.,'\. OH1cials Sidelined Aller Questioning Scott Pruitt~ The New York Times 

For instance, in a conversation with one of Mr. Pruitt's closest aides, Mr. 

Chmielewski sharply objected to a proposal to buy a $wo,ooo-a-month charter 

aircraft memhership that would have allowed Mr. Pruitt to take unlimited 

private jet trips for official business, according to two administration officials. 

The membership was not purchased. 

Mr. Chmielewski also objected to a proposal to spend about $70,000 to replace 

two desks in Mr. Pruitt's office suite, including his personal desk and one at a 

security station outside his office. Asked about the proposed desk purchases, 

Mr. Wilcox, the E.P.A. spokesman, said that "the administrator never 

considered the proposal." Pasquale Perrotta, who became head of Mr. Pruitt's 

security detail after Mr. Weese was removed, insisted that the security desk be 

upgraded to a bulletproof model, according to current and former E.P.A. 

employees with direct knowledge ofthe discussions. 

The bulletproof security desk was not purchased, but two ne\V desks were 

ordered for Mr. Pruitt's personal office: a brown maple wood stand-up desk, 

">ith brass locks, that was purchased from a craftsman and an oversize desk 

with ornate woodworking that had been in a federal government warehouse in 

Virginia and was refurbished for Mr. Pmitt at a cost of $2,075. E.P.A. 

employees gawked at the size and grandeur of Mr. Pruitt's refurbished desk, 

with some comparing it to the Resolute Desk in the Oval Office, officials said in 

interviews. 

Still, l'vfr. Pruitt and his team obtained many of the perks he wanted. Staff 

members questioned, but nonetheless approved, frequent trips that routed Mr. 

Pruitt through hub airports that allowed him to spend weekends at his home in 

Oklahoma. The administrator also had charter flights approved after they were 

already taken, the public records show. 

"This memorandum responds to your request for written approval for the 

Administrator ami three EPA employees to use a charter service to fly from 

Denver to Durango, CO on August 4, 2017," read a memo written in late August, 

after the trip was completed. The approval eovered a charter flight to tour the 

Gold King Mine near Silverton, Colo., after Mr. Pruitt's commercial flight to 

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l'"P.A Oflicials Sit.klim:d After Questioning Scott l~ruitt ~The N""w Yorh. Tunes 

Denver was delayed. This 40-minute tli~ht cost $5.719, the records show. 

Other memos released through the open-records law show that Mr. Allen 

handled requests for renovations to Mr. Pruitt's office. "I spoke to Gayle and we 

can proceed as it is not part ofthe Ss,ooo," read an email to Mr. Allen in April 

2017, as staff members were being presst'd to find a way to spend more on office 

renomtions thnn was allowed under federal guidelines. In this case, the 

expenditure involved a biometric lock and was not counted against Mr. Pruitt's 

furniture budget. "Approved," Mr. Allen wrote back. 

The documents do not reflect the behind-the-scenes friction between Mr. Pruitt 

and the senior officials, but several agency staff members said in interviews that 

they avoided putting objections into writing because they suspected there would 

ultimately be an investigation into the matters. 

lV!r. Weese, the security official, questioned Mr. Pruitt's desire to usc t1ashing 

lights and sirens in his motorcade- a perk more commonly associated with the 

presidency according to three of the people who worked with or for the E.P.A. 

l'"1r. Pruitt, who often ran late, wanted to usc the lights and sirens to expedite 

local trips in Washington to the airport or to dinner. including at least one trip 

to Lc Diplomate, a trendy French restaurant that he frequented. Such use was 

not consistent with agency policy, but Mr. Weese was unsuccessful in stopping 

it. 

The agency said Mr. Pruitt played no role in dPdding when the sirens and lights 

would be used. "The security detail for the past 15 years has used thC'm in very 

limited fashion," Mr. Wilcox said. 

Mr. Weese was also reluctant to sign off on requests for Mr. Pruitt to trarcl in 

first class based on security concerns. Mr. Allen, Mr. Chmielewski and :VIr. 

Reeder, too, questioned the usc of taxpayer money to pay for first-class airfare. 

Only after Mr. Weese was replaced by Mr. Perrotta did Mr. Pruitt regularly t1y 

first class, agency staff members said. 

There were also questions raised about a request that Mr. Pmitt be issued a 

bulletproof sport utility vehicle with so-called run t1at tires, which keep a vehide 

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1: P,A. Officials Sidelined After Questioning Scott Pruitt w The New York Times 

moving even when sustaining gunfire. And they challenged Mr. Pruitt's 

expanded security detail of approximately 20 members, three times the size of 

his predecessor's. Unlike his most recent eounterpmi under Mr. Obama, Gina 

McCa11hy. Mr. Pruitt has security officials follow him wherever he travels, and 

also stay on duty overnight. 

"He wanted to be treated like he was the president," said David Schnare, a 

prominent conservative lawyer and climate change skeptic, who served on the 

Trump administration transition team at the E.P.A., after an earlier :w-year 

stint at the agency that started in the late 1970s. 

Mr. Wilcox, the agency spokesman, said the larger security team was justified, 

given threats against Mr. Pruitt. "They run the variety of direct death threats 

Tm going to put a bullet in your brain' to implied threats - 'If you don't 

classify this particular chemical in this particular way, I'm going to hurt you.'" 

There was a particularly intense dispute over a request to constmct a special 

security booth in Mr. Pruitt's office so he could have confidential conversations 

without beinp; overheard by career agency employees, accordinp; to intervkws 

and public documents first repmied by The Washington Post. 

Mr. Chmielewski suggested converting a broom closet at a cost of about 

$ro,ooo, one person who worked with the agency said. But Mr. Perrotta wanted 

a special chamber with sound-dampening privacy products and ceiling baffles 

that would prevent anyone from intereeptinp; voice or data transmissions. The 

documents show that the finaLC.~'SL!lf.th..;.nc.J..'L.ciuunbl.'LWll~~!L 

Mr. Perrotta also remains aiLl.:XITtltiu:J.lLL!lJ:ixilli:_;;;l.'J.:rui(J:Jirm, Sequoia 

Security Group, which separately received a contract from the E.P.A. to conduct 

a security sweep of Mr. Pruitt's office, a deal that is now the subject of an 

investigation by the agency's inspector general. He did not respond to a request 

for comment. 

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[J).A_ Otlicials Sidelined t\her Questioning Scott .. mitt~ The Ne\'. York lime~ 

A String of Departures 

The various challenges to Mr. Pruitt's spending and security priorities did not 

sit well with him, according to the people who worked \\ith or for the E.P.A., 

and soon the offending aides were removed. 

Mr. Allen, a decorated 30-year retired Army officer, was transferred to a 

different oftlce within the E.P.A., where he mostly works alone, according to 

tv.ro agency officials, one of whom described the setup as "an unmarked grave ... 

Mr. Weese was transferred from the security detail to a more general position in 

the agency's criminal investigation division. 

Mr. Reeder remains an employee oft he E.P.A. while on temporary leave to 

work at American University. He has been a senior executiw at the agency since 

early in George W. Bush's presidency, but left for American University after 

many of his responsibilities were taken away from him. 

lV!r. Martin, who served on Mr. Pruitt's security detail, raised concerns about 

Mr. Perrotta and matters related to Mr. Pruitt's security arrangements, such as 

the soundproof hoot h. He was then told he could no longer be part of the 

security detail, which he had been a part-time member of for more than a 

decade, according to two people with knowledge of the events. Mr. Martin 

became the target of an inquiry by the agency's inspector general, which 

ultimately cleared him of wrongdoing, according to documents reviewed by The 

Times. 

The removal of Mr. Chmielewski, the former Trump campaign offidal, proved 

more complicated. 

As a presidential appointee, Mr. Chmielewski was classitlcd as a member oft he 

senior executi"e service pay system, and remained in close contact with top 

aides to both Mr. Trump and Vice President Pence. 

Even while at the E.P.A., Mr. Chmielewski helped facilitate trips for Mr. Pence 

and sometimes traveled with him. And he had a personal connection with Mr. 

Trump, who had called him to the podium during a campaign rally in April 

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E.P.A_ Oniciab Sidelined After Questioning Scott Pmitt ~The Nc·w York Times 

2016 in Maryhmd, where Mr. Chmielewski grew up. 

''Where the hell is Kevin?" Mr. Trump said at the .~u:nt. "He's a star. Where is 

Kevin? Get Kevin up here." 

Some internal agency memos detailing Mr. Pruitt's travel plans list Mr. 

Chmielewski as the coordinator, and as the senior political appointee, he had to 

ensure that they were properly authorized. Privately, he urged Mr. Pruitt to rein 

in his spending, initially in person, and then through intermediaries when he 

got frozen out, according to the two administration officials. 

When Mr. Chmielewski returned from a trip to Asia with Mr. Pence in 

February, he was asked to resign and turn in his credentials. Mr. Pruitt's aides 

informed the White House that they were dissatisfied with Mr. Chmielewski's 

unresponsiveness during his travels, including a time when he could not be 

reached in Hawaii, where he was preparing for a visit by Mr. Pence. 

An anonymous complaint filed with the E.P.A.'s inspector general alleged that 

Mr. Chmielewski could not get the appropriate level of security clearance for his 

duties because of various indiscretions. After a brief investigation, the inspector 

general dismissed all the allegations in the complaint as unfounded, according 

to documents reviewed hy The Times. 

Mr. Chmielewski told associates that he believed the complaints were an effort 

by Mr. Perrotta and others to discredit him. 

Separately, Mr. Chmielewski has been the subject of allegations that he was the 

source ofleaks about Mr. Pruitt, and also that he was staying free in the same 

Capitol Hill home where Corey Lewandowski, Mr. Trump's first campaign 

manager, lives. Someone familiar with the arrangement acknowledged that Mr. 

Chmielewski, a longtime friend of Mr. Lewandowski, had slept at the home, but 

said it was only one night and on a couch. 

The crescendo of criticism of Mr. Pruitt has rallied his defenders, including the 

full'.m:I.;.:J:~tttrillt~ and the Ucrili~~.Euum:!illiuu, who in recent days have 

blasted out endorsements of his management of the agency on social media and 

in opinion columns. It has also empowered his critics, even from within his own 

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E.P.A. Oflicials Sidelined After Questioning Scott Pruitt~ The Nc\\ York limes 

Republican Party. 

William K. Reilly, who led the E.P.A. under President George Bush, called :VIr. 

Pruitt a '"third-rate ideologue" and said he was aware of staff members who had 

been sidelined at the agency for raising questions about Mr. Pruitt's spending. 

"J think he's well beyond his sell-by date," l\1r. Reilly said. "Any administration 

hut this one would have discharged him long ago." 

0 

Related Coverage 

Grmving Crisis Threatens Scott Pruitt, E.P.A. 

Chief, as Top Aides Eye the E:..:its 

A Trip to Morocco. A Condo Rental. Here's Why 

Scott Pruitt Is Under Fire. 

For Scott Pruitt, a Spotlight Shines on His Ethics, 

Not His E.P.A. Rollbacks 

Scott Pruitt, E.P.A. Chief, Rented Residence From 

Wife of Energy Lobbyist 

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June 19,2018 

United States Senate 

Washington, DC 20510 

RE: Oppose Peter Wright's Nomination to lead U.S. Environmental Protection Agency's 

Office of Land and Emergency Management 

Dear Senator: 

We, the undersigned groups, represent people across the United States who are deeply concerned 

about releases of toxic chemicals from facilities in their communities. and the associated health. 

safety, and environmental harms. We are writing to urge you to oppose the confirmation of Dow 

Chemical Company's managing counsel, Mr. Peter C. Wright, to serve as the Assistant 

Administrator of the U.S. Environmental Protection Agency (EPA) Office of Land and 

Emergency Management (OLEM). 1 Due to his nearly two decades of work protecting the 

interests of a corporation with a striking record of hazardous chemical releases and toxic waste 

sites, Mr. Wright should not be granted the responsibility and decision-making authority to lead 

OLEM, which would require him to implement and enforce vital health, safety, and 

environmental laws against his current employer and others like it. 

Having spent the bulk of his legal career working on behalf of chemical companies from the 

inside, Mr. Wright should never have been considered for this position, much less nominated. 

For almost twenty years, Mr. Wright has represented Dow, now Dow DuPont, Inc., one of the 

world's largest chemical companies and a member of the American Chemistry Council (ACC). 2 

The ACC is an industry trade association that has long fought against protections from toxic 

chemicals. 3 

DowDupont's recent SEC Forn1-IOK reports over 100 Superfund sites between Dow and 

DuPont! An April2018 EPA document connects Dow, DuPont and their subsidiaries to more 

than !50 toxic waste sites throughout the country under the federal Superfund program-in 

states ranging from CT, DE. NJ, NY, PA. Rl, and VT in the New England/Northeast corridor, to 

AZ, C A, CO, W A, and even HI, in the West, throughout the Gulf and many other Southern 

states, and in many Midwestern states including KS, IL, IN, MO, MN. and OH. 5 Should Mr. 

Wright run OLEM, he will oversee that program, as well as the federal hazardous waste 

regulatory program that Dow and ACC have sought to weaken for decades." 

The White House's nomination announcement states that Mr. Wright "has led Dow's legal 

strategies regarding Superfund sites and other Federal and State-led remediation matters."7 A 

2016 description of Mr. Wright's work, published by THG Advisors, highlights as one example: 

"Dow's largest and most significant environmental matter,''8 the dioxin contamination at Dow's 

Midland, Michigan facility." In addition, The Intercept reports that Dow stated that Mr. Wright 

has been directly involved in negotiations on 14 Superfund sites, but the names of those sites and 

other similar matters have not been publicly disclosed. 10 Alarmingly, during his time at Dow, 
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34698.197

Mr. Wright has questioned well-established, peer-reviewed scientilic data and the U.S. EPA's 

expert evaluation finding that exposure to dioxins poses a serious threat to human health. 11 

As the head ofOLEM. Mr. Wright would also be charged with implementing the Risk 

Management Program (RMP). including the most recent update to modernize chemical facility 

safety in the United States via the Chemical Disaster Rule that Administrator Pruitt has 

suspended and is now under reconsiderationY The ACC filed a lawsuit challenging this new 

rule and is part of a case in which it is defending EPA's sudden delay of life-saving protections, 

and calling for the weakening of that rule and program, which regulates 12,500 chemical 

facilities, including over 50 DowDupont and subsidiary facilities.U From 2004 to 2016, EPA 

data show that Dow, DuPont, and their subsidiaries together averaged 7 chemical disaster 

incidents per year. for a total of 99 fires, explosions. or other hazardous releases under the 

existing RMP. 14 According to EPA's data. these incidents led to the deaths of6 workers, injured 

or caused over 200 people to be hospitalized or seek medical treatment, forced over 12,000 

people to shelter-in-place or evacuate, and caused over $67.5 million in property damage. 15 

To allow Mr. Wright to take control of these critical programs would be a grave violation of the 

public trust. At a minimum, it would create an appearance of partiality in favor of the chemical 

industry that would undermine the foundation of good government. We need someone at the 

helm ofOLEM who can be expected to vigorously protect the health and safety of millions of 

Americans-including those living in low-income communities and communities of color that 

face extreme environmental injustices-from the mismanagement of wastes and toxic chemicals. 

From the Love Canal and Bhopal tragedies to the current lists of hazardous waste sites and 

chemical disasters, there is no shortage of proof that companies handling toxic chemicals must 

be more not less strictly regulated for the protection of our health and environment. Given his 

long history of representing one of the polluting companies he would now be charged with 

regulating. Mr. Wright is the wrong person for this job. As in-house counsel to a major chemical 

company whose activities are regulated by OLEM, Mr. Wright has not shown that he has a 

commitment to serving the public and protecting health. as is required to lead this important part 

of EPA. 

At the very least. we ask you to insist and ensure. through all available oversight mechanisms, 

that if Mr. Wright is confirmed, he must publicly disclose all matters involving OLEM in which 

he has ever had any involvement and all matters involving OLEM in which he or his fonner 

employers and clients have any current interest. He also should be required to recuse himself 

from all such matters, as well as any matters (including rulemakings) where there is an 

appearance of partiality on his part in tavor of the chemical industry or other regulated parties. 

Thank you for your time and for considering our concerns. 

Respectfully. 

350 New Orleans (LA) 

Action for a Livable Future 

Alaska Community Action on Toxics (AK) 

Altamaha Riverkeeper (GA} 

2 
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34698.198

American Legion Post 6 (CA) 

Apostolic Faith Center (CA) 

As You Sow 

Black Warrior Riverkeeper (AL) 

Breast Cancer Prevention Partners 

California Communities Against Toxics (CA) 

California Kids IAQ (CA) 

California Safe Schools (CA) 

Cease Fire Campaign 

Center for Biological Diversity 

Center for Environmental Health 

Citizens for Safe Water- CSWAB.org 

Citizens' Environmental Coalition (TX) 

Clean Water Action 

Climate Law & Policy Project 

ClimateMama 

Coalition For A Safe Environment (CA) 

Coming Clean 

Comite Dialogo Ambiental. Inc (PR) 

Community Dreams (CA) 

Del Amo Action Committee (CA) 

Desert Citizens Against Pollution (CA) 

Don't Waste Arizona (AZ) 

Downwinders at Risk (TX) 

Dr. Whyte Pediatrics (GA) 

Earth Action 

Earth justice 

Emerge (CA) 

Empire State Consumer Project. Inc. (NY) 

Endangered Species Coalition 

Environmental Advocates ofNew York (NY) 

Environmental Health Strategy Center 

Environmental Integrity Project 

Environmental Justice and Health Alliance for Chemical Policy Reform 

Environmental Working Group 

Farmworker Association of Florida (FL) 

Food & Water Watch 

Gas Free Seneca (NY) 

Good Neighbor Steering Committee (CA) 

Grand Riverkeeper/LEAD Agency. Inc. (OK) 

Green America 

Green Army 

Greenaction for Health and Environmental Justice 

Greenpeace 

Headwater LLC (WI) 

Health Care Without Harm 

3 
225 


34698.199

Healthy Building Network 

Institute ofNeurotoxicology and Neurological Disorders (INN D) 

International POPs Elimination Network (IPEN) 

Ironbound Community Corporation (NJ) 

JustPeace 

Kentucky Environmental Foundation (KY) 

Labadie Environmental Organization (LEO) (MO) 

League of Conservation Voters 

Learning Disabilities Association of Maine (ME) 

Louisiana Bucket Brigade (LA) 

Made Sate 

Maryland Pesticide Education Network (MD) 

MELA (Mothers of East Los Angeles) (CA) 

Midwest Environmental Justice Organization 

Moms Clean Air Force 

Montana Environmentallnlormation Center (MT) 

NAACP San Pedro-Wilmington Branch #1069 (CA) 

National Nuclear Workers for Justice 

Natural Resources Defense Council 

New Jersey Work Environment Council (NJ) 

NJ Environmental Justice Alliance (NJ) 

North Louisiana for Earth and Water Justice (LA) 

Nuclear lnfom1ation and Resource Service 

Operation SPLASH (NY) 

OVEC-Ohio Valley Environmental Coalition (WV) 

Peace Fann 

People Concerned About Chemical Safety (WV) 

Pesticide Action Network 

PFOA Project New York (NY) 

Physicians for Social Responsibility 

Physicians tor Social Responsibility- Arizona Chapter (AZ) 

Physicians for Social Responsibility- Greater Boston (MA) 

Physicians tor Social Responsibility- Iowa Chapter (lA) 

Physicians lor Social Responsibility- Maine Chapter (ME) 

Physicians for Social Responsibility- Oregon (OR) 

Physicians tor Social Responsibility- Philadelphia Chapter (PA) 

Physicians for Social Responsibility- San Francisco Bay Area Chapter (CA) 

Physicians for Social Responsibility- TN Chapter (TN) 

PLAN- People lor Land And Nature (CA) 

Potomac Riverkeeper Network 

Public Citizen 

Safe Energy Rights Group. Inc. 

San Luis Obispo Mothers for Peace (CA) 

San Pedro & Peninsula Homeo\\1Jers Coalition (CA) 

Seneca Lake Guardian (NY) 

Sierra Club 

4 
226 


34698.200

St. Philomena Social Justice Ministry (CA) 

t.e.j.a.s. (Texas Environmental Justice Advocacy Services) (TX) 

Texas Campaign for the Environment (TX) 

Toxics Action Center Campaigns 

Tri-Valley CAREs (Communities Against a Radioactive Environment) (CA) 

Tribal Environmental Watch Alliance 

Union ofConcemed Scientists 

Valley Watch, Inc 

Veterans for Common Sense 

Vietnam Veterans of America 

Voluntary Cleanup Advisory Board 

Volunteers for Environmental Health and Justice (TN) 

Warminster Toxic Waste (PA) 

WE ACT for Environmental Justice 

Wilmington Improvement Network (CA) 

Women's Energy Matters 

Women's Voices for the Earth 

1 EPA, About the Office of Land & Emergency Mgmt., https://www.cpa.!lov/aboutcpalaboutoffice-land-and-cmergcncy-management. 

"White House Announcement (Mar. 2, 2018), https:l/www.whitchousc.gov/presidentialactions/ president -donald-j -!rump-announces-intent -nom i nate-person nc 1-kev -ad ministrationposts-38/; About ACC. https://www.americanchemistry.com/Membership/MemberCom_Qanies/. 3 Union of Concerned Scientists, Bad Chemistry: How the Chemical Industry's Trade 

Association Undermines the Policies That Protect Us (2015), https://www.ucsusa.org/ccnterscience-and-democracy/fighting-misinformation/american-chemistrv-councilrcport#.Ws5xgojwaUk: see also cases cited in notes 6, 13, below. 4 See DowDupont Inc., U.S. Securities and Exchange Commission Form I 0-K (for the fiscal year 

ended Dec. 31, 2017), p. 73, available at 

http://s21.q4cdn.com/8131 0 1928/files/doc llnancials/20 17/q4/DowDuPont-04YI7-FormlOK.pdf. 

5 U.S. EPA FOIA-011 Noticed Parties at SEMS Sites (Run Date: 5/1312018), m>ailuble at 

https://scmspub.cpa.gov/work/HQ/201 035.pdf (sorted by region, state, site name, party name) 

(last checked 5124/18). See also Union of Concerned Scientists, Peter Wright's Nomination 

Means Superfund Contlicts in Almost All 50 States, https:/lblog.ucsusa.org/genna-reedlpeterwrights-nomination-superfund-conflicts-of-interest; Report of EPA Superfund Program, Noticed 

Parties at CERCUS Sites (List-11), Version 1.02 (Oct. 28, 2013), 

https://weh.archive.org/web/20 170612202749/https://www .epa.gov/sites/production/tiles/20 15-

09/documents/list-ll.pdf(sorted by region. state, site name, party name); U.S. EPA, List 11-

Responsible Parties at CERCUS Sites, 

https://wcb.archive.or~/web/20 170 I 0500 1216/https:/www.epa.gov/supcrfund/list-11-

rcsponsible-parties-ccrclis-sites (explaining that "[t]he List II lists responsible parties at 

Superfund sites that have received Special or General Notice letters from EPA."). 6 See, e.g., :VRDC v. EPA, 755 F.3d 1010 (D.C. Cir. 2014) (vacating a 1998 regulatory exemption 

for hazardous waste burning, see 63 Fed. Reg. 33,782, that Dow sought and ACC defended); 

5 
227 


34698.201

ACC t'. EPA, 337 F.3d 1060 (D.C. Cir, 2003) (rejecting ACC's challenge to a hazardous waste 

regulation); Cement Kiln Recycling Coalition t'. EPA, 255 F.3d 855 (D.C. Cir, 200 I) (rejecting 

challenges by Dow and ACC eta/. to regulations for hazardous waste burning facilities); see also 

Union of Concerned Scientists, Peter Wright's Nomination Means Superfund Conflicts in 

Almost All 50 States. https://blog.ucsusa.org/genna-rccd/peter-wrights-nomination-supcrfundWhite House Announcement, note 2. 8 The Horinko Group, Ask the Experts- RCRA 2040 (July II. 2016), 

http://www.thchorinkogroup.org/fcatmcd column/20 16/07 Ill /ask-thc-experts-rcra-20401. 9 EPA, Superfund Site: Tittabawassee River, Saginaw River & Bay Midland. MI Cleanup 

Activities. 

llttps://cumulis.epa.gov/supercpad/SiteProtilcs/indcx.clin'!fuscaction=second.Cieanup&id•=0503 

250#Status: see also Lerner, S., The Intercept. March 29, 2018. Tntmp 's Nominee To 01'ersee 

Superfimd Program Spent Decades Fighting EPA Cleanups On Behalf OfPolluters. 

https://thcintcrcept.com/20 I 8103/29/cpa-supcrfund-scott-pruitt-p.:ter-wright/ (cited and linked by 

Albeck-Ripka L. et al.. America Before Earth Day: Smog and Disasters Spurred the Laws Trump 

Wants to Undo. Apr. 21, 2018. NY Times, 

https:l/www.n\'limes.com/20 18/04/21 /climatc/cnvironmental-disasters-earth-dav.htm I ("some 

people nominated for key positions have direct links to polluting industries")). 10 Lerner, The Imercept, note 9. 11 Wright, Peter C. et a/. Twenty-five Years of Dioxin Cancer Risk Assessment, Nat 'I Res. & 

Env't Vol. 19 No.4, pp. 31-35 (Spring 2005), 

https://www.istor.orgistable/40924608?sew' I #page scan tab contents. 12 EPA. Final Amendments to the Risk Management Program (RMP) Rule. 

https:l/www.cpa.gov/rmp/tinal-amendments-risk-managcment-program-rmp-rulc; see also 

Report of BlueGreen Alliance et al., A Disaster In The Making (Apr. 3, 20 18; updated June 12, 

20 18). https:/ /earth justice .org/ftlatures/tox ic-catastrophcs-texas-national-chem ical-d isastcr-rulc. 13 See Am. Chemistry Council v. EPA. D.C. Cir. No. 17-1085; Brief of American Chemistry 

Council eta/., Air Alliance Houston v. EPA. No. 17-1155 (consol. with No. 17-1181). ECF No. 

1715777 (Hied Jan. 31, 2018); EPA, 2016 Risk Management Plan (RMP) National Database tiles 

(non-OCA) V crsion. 11\tps:/lw~\W .regulations.govidoctmll!nt'!D~EPA-HQ-OEM-20 15-0725-

0311. 

14 EPA, OLEM. Risk Management Plan (RMP) Facility Accident Data, 2004-2013 (Feb. 2016), 

llltps://www.regulations.gov/document'?Dz"EP A -IIQ-OEM-20 15-0725-0002 (searchable. 

filterable, and sortable by company); EPA, OLEM, Risk Management Plan (RMP) Facility 

Accident Data, 2014-2016 (Apr. 20 18), https://www .rcgulations.govldocumcnt'.'D=EPA-!:!Q: 

OEM-'0 15-0725-0909 (searchable. tiltcrablc. and sortable bv companY). 15 EPA Facility Accident Data 2004-2013, supra note 14: EPA Facility Accident Data 2004-

2013. supra note 14. 

6 
228 

Senator BARRASSO. Senator Whitehouse. 

Senator WHITEHOUSE. Thank you very much. 

Welcome to both of you. Given the way things are going at EPA 

right now, I want to ask you each, first, if you are to be confirmed, 

what do you think the proper relationship should be between regulated entities and their regulator in matters where the public 

health, safety, and welfare is involved? 

Mr. McIntosh. 

Mr. MCINTOSH. Having been on both sides over the last 40 years 

of both being regulated and being a regulator, really, the relationship is governed by the rule of law. Companies, and in general, the 

agencies are all committed to protecting the public health and the 

environment, and the agencies are committed to implementing the 

law and the companies are committed to complying with the law. 

Senator WHITEHOUSE. Under what circumstances should the 

companies be able to direct the regulators’ activities or conclusions? 

Mr. MCINTOSH. Companies are usually always able to talk to the 

agencies about their issues, but the rule of law will be the thing 

that trumps everything, and at some point the companies will have 

to comply with the rule of law. 

Senator WHITEHOUSE. Mr. Wright, same two questions, proper 

relationship and should the regulated entity be able to direct the 

regulator. 

Mr. WRIGHT. OK, so the relationship is governed by the rules, 

regulations, policies, and procedures of the particular program at 

issue as between the parties. With respect to the second question, 

again, it depends on the particular program, the particular context 

in which those discussions might take place, whether it is a consultation, whether it is negotiations over the terms of a consent 

order. Again, I think it depends on the particular context. 

Senator WHITEHOUSE. I would like to ask each of you to say 

something about the concept of regulatory capture. 

Are you familiar with the concept, Mr. McIntosh? 

Mr. MCINTOSH. I am not familiar with that term. 

Senator WHITEHOUSE. Well, you are probably going to be. 

Mr. Wright. 

Mr. WRIGHT. I am also not familiar with that term. 

Senator WHITEHOUSE. OK. 

So, assume that you are in office. What do you think is appropriate regarding having your professional staff run personal errands for you, like lotion producing or used hotel mattress seeking? 

Mr. McIntosh. 

Mr. MCINTOSH. Again, I am not part of the Agency. Should I be 

confirmed, and I hope I am confirmed, I will follow and be committed to following all the guidance of our ethics officials and all 

the rules and regulations that govern us carrying out our official 

duties. 

Senator WHITEHOUSE. Will you ask your official employees to run 

personal errands for you? 

Mr. MCINTOSH. I will follow all the ethics rules and rules and 

regulations of the agency. 

Senator WHITEHOUSE. Huh. I would have thought that would 

have been an easier question to answer. 

You, Mr. Wright. 

229 

Mr. WRIGHT. Senator, I am also not at the Agency now, so I am 

not fully familiar with all of the policies and procedures that apply, 

but I also would follow all of the guidance from ethics officials 

about appropriate assignments and responsibilities. 

Senator WHITEHOUSE. Can you assure us that you wouldn’t ask 

official staff to run personal errands for you? 

Mr. WRIGHT. I have no intention to do so. 

Senator WHITEHOUSE. How about housing? Will you accept housing here in Washington paid for by lobbyists or regulated interests, 

or subsidized by lobbyists or regulated interests? 

Mr. McIntosh. 

Mr. MCINTOSH. No. 

Senator WHITEHOUSE. Mr. Wright. 

Mr. WRIGHT. I have no need to. 

Senator WHITEHOUSE. With respect to travel, are you willing to 

fly regular coach or will you demand first class travel? 

Mr. McIntosh. 

Mr. MCINTOSH. I generally fly coach. I am not familiar with the 

travel regulations with the Federal Government; I am with Ford 

and the State government, but I will commit to following the regulations. 

Senator WHITEHOUSE. Mr. Wright. 

Mr. WRIGHT. Senator, I also am not familiar with the travel regulations. Coach is fine, but I don’t know if there are other provisions for different circumstances. 

Senator CARPER. Can I just interrupt for a second? 

I will just observe that sometimes the train works, too, for what 

it is worth. 

Senator WHITEHOUSE. Will you give your professional staff a list 

of travel destinations that you would like to visit and tell them to 

find something for you to do there so that you can go visit your desired travel destinations? 

Mr. MCINTOSH. If confirmed, my understanding is that I will be 

required to set up official visits throughout the world, and again, 

I will follow all the regulations of the Agency and the Government, 

as well as the ethics officials’ guidance. 

Senator WHITEHOUSE. But you will be doing that based on official needs, not your desire to go visit places. 

Mr. MCINTOSH. Yes. My job will be to plan official visits. 

Senator WHITEHOUSE. And you won’t be making pretext visits to 

places you simply want to go see at taxpayer expense. 

Mr. MCINTOSH. No. 

Senator WHITEHOUSE. Mr. Wright. 

Mr. WRIGHT. My answer to the question is no. 

Senator WHITEHOUSE. Thank you. 

My time has expired, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Whitehouse. 

Senator Markey. 

Senator MARKEY. Thank you, Mr. Chairman, very much. 

On November 3rd, the Environmental Protection Agency and 12 

other Federal agencies released the Fourth National Climate Assessment. This report decisively concludes that humans are the 

main cause of rising global temperature. 

230 

Mr. Wright, do you agree that humans are the main cause of climate change? 

Mr. WRIGHT. I agree that humans cause climate change. 

Senator MARKEY. Are they the main cause of climate change? 

Mr. WRIGHT. I am not detailedly familiar with the science to put 

the relative weight, but I believe they are a cause. 

Senator MARKEY. A cause, right, but the main cause is what the 

conclusion that was reached by 12 Federal agencies, including the 

EPA. You don’t agree with that finding? 

Mr. WRIGHT. I am not familiar in any detail with that finding. 

I don’t disagree with it. 

Senator MARKEY. OK. 

Well, Mr. McIntosh, do you agree that humans are the main 

cause of climate change? 

Mr. MCINTOSH. I am not familiar with that particular report. I 

understand humans are a contributing factor to climate change, 

but I can’t say whether or not they are the main cause. 

Senator MARKEY. Right. Neither of you know whether or not climate change is caused mainly by human activity, which is an interesting position to be able to take at this late date in the discussion 

over the issue. 

And here is the good news. Because your previous employers 

would actually disagree. Ford, for whom Mr. McIntosh, and Dow, 

for whom Mr. Wright, have both said that climate strategies that 

work to cut down on greenhouse gas emissions because of the 

threats posed by climate change. Dow even calls it the most urgent 

environmental issue that society faces today, so that is something 

that Dow reached as a conclusion at the time that you were there. 

And of course, these 12 Federal agencies have also reached that 

conclusion, and you remain unable to make a judgment on the subject. But given the positions that you are both seeking to take, I 

think it would be reassuring to know that you had reached such 

a conclusion. 

Mr. Wright, if confirmed, you would be in charge of our Superfund program. Hundreds of Superfund sites around the country are 

in flood prone areas or in areas that are at risk of sea level rise, 

putting 2 million people in danger. During Hurricane Harvey, huge 

floods triggered a toxic fire at the Arkema Chemical Plant. The 

company argued that they didn’t have a plan for how to prevent 

a fire from happening because the level of flooding was unprecedented. But in the era of climate change, we need to plan for unprecedented events. 

In that same storm, flooding caused a leak in the San Jacinto 

waste pits, a dangerous Superfund site. Testing found levels of 

dioxin nearby that were more than 2,000 times higher than the 

EPA’s recommended cleanup level. 

The EPA’s own Climate Change Adaptation Plan, issued in 2014, 

raised the alarm of how climate impacts could result in the release 

of toxic chemicals from hazardous waste Superfund sites, calling it 

a ‘‘key vulnerability.’’ 

In response to a question from Senator Carper earlier, you 

agreed that taking climate impacts into account for Superfund sites 

was essential. Unfortunately, Scott Pruitt does not seem to agree 

that we should be preparing for the impacts of climate change. AdVerDate Aug 31 2005 09:56 Feb 13, 2019 Jkt 000000 PO 00000 Frm 00234 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\34698.TXT SONYA
231 

ministrator Pruitt assembled a Superfund task force which was 

headed by his personal friend, a banker with no environmental experience, and asked it to come up with recommendations on how 

to improve the Superfund remediation process. That report made 

zero mentions of climate change or climate impacts on Superfund 

sites in its 34 pages. 

Mr. Wright, do you think these recommendations should have 

addressed the issue of climate impacts on Superfund sites? 

Mr. WRIGHT. Senator, I am not familiar with all the details of 

how the task force was put together, but it seems to me very plausible that it could have assumed that that climate change guidance 

that you referenced was existing and would be considered part of 

the way in which EPA would continue to address the sites. 

Senator MARKEY. So you think that it has now become a self-evident truth that you don’t even have to mention, just assume to be 

a risk and doesn’t have to be included at all? Would you think that 

perhaps the answer is that the banker friend of Scott Pruitt perhaps did not want it to be included because he himself, that is, 

Pruitt, is a climate denier? 

Let me just ask this. Will you ensure that climate impact on 

Superfund sites is in fact something that you put at the top of your 

list, given the fact that climate change is a serious problem? 

Mr. WRIGHT. It is serious, and it should be incorporated into 

remedies, and I think, as I have previously stated, I think it is critical that the Agency consider the impacts that we saw last year 

from the hurricanes and plan for that accordingly in the future. 

Senator MARKEY. Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator Markey. 

Senator Cardin. 

Senator CARDIN. Thank you, Mr. Chairman. 

Let me thank both of our nominees for their willingness to serve 

the public, also thank their families. It is not an easy time to serve, 

and the areas that you would have responsibility are challenging 

areas, so I thank you for your willingness. 

Mr. Wright, I want to talk a little bit about risk management 

plans. I say that for a couple reasons. First, in your current or 

prior life in regards to your work that you did at DowDuPont, there 

were a lot of incidences involving accidents and injuries in which 

the risk management plan comes into effect. 

The Administration has proposed delaying the new rules on this, 

and I want to home in on one specific area that affects Maryland. 

On September 18th of last year we had a chlorosulfonic acid leak 

in Baltimore that put thousands of people at risk; they were ordered to shelter in place. There was a concern that if they inhaled 

this, it could lead to very, very serious health risks. If it had contacted water, it could explode. And there was a significant concern 

as to the public health risk as it relates to this spill. 

It is my understanding currently that this type of chemical is not 

covered under the Risk Management Plan, and I would hope that 

you would help and work with us to expand the Risk Management 

Plan to cover that type of exposure, considering what happened in 

my State. 

If you could comment on that now, fine. If not, I will take it for 

the record. But I would also ask you to work and explain why or 

232 

how you would make sure that these Risk Management Plan rules 

are effective as quickly as possible, considering the risk factors to 

our community on public health. 

Mr. WRIGHT. Well, Senator, as I have stated earlier in this hearing, I think chemical safety is paramount, very important. At the 

present time, I am not deeply up to speed with the current set of 

regulatory proposals, but if confirmed, I will get up to speed on all 

of those and work on that, and would be glad to work with you and 

your staff on these issues. 

Senator CARDIN. Well, I appreciate that willingness. I might take 

advantage of asking you a question for the record to give you a little more time to respond. I really want to know your commitment 

to public health as it relates to the Risk Management Plans and 

your response to how we can better prepare for the type of incident 

that happened in Baltimore. We were not as prepared as we needed to be, and let’s learn from what has happened. People were sheltering in place, and they didn’t know the protocols as it related to— 

it is right near water. If it would have hit water, it would have 

been catastrophic. 

So I appreciate the fact that you are not up to speed right in on 

these particular issues, but I would appreciate a comfort level that 

you will be committed doing everything we can for public safety as 

it relates to these Risk Management Plans. 

Mr. WRIGHT. Senator, I will make that commitment, if confirmed. 

Senator CARDIN. Thank you. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Final question, Senator Carper. 

Senator CARPER. Mr. McIntosh, you worked how many years at 

DowDuPont? 

Mr. MCINTOSH. Ford Motor Company, 19 years. 

Senator CARPER. And how many years did you work at Dow? 

Mr. WRIGHT. I worked for Dow for 19 and a half years. 

Senator CARPER. OK. 

Senator Markey, did you just read a statement from Andrew 

Liveris on climate change, did he just read that in his question? I 

think he was asking you questions did you agree about—I think he 

asked one of you your views on climate change, the contributions 

that humans have to climate change, and neither of you were very 

clear, and you said, well, it is a factor. And then he read I think 

from Dow, I think he read from Dow. I don’t know if it was Andrew 

Liveris who he was quoting or not, Chairman of Dow. 

But for Ford, these are the words of Bill Ford, and I think they 

are probably worth noting. He is still the chairman of the company, 

as you probably know. But here is what he said, ‘‘Climate change 

is having a significant effect on our planet. We know climate 

change is real and a critical threat, and we will continue to work 

with leaders around the world in support of ambitious, global 

greenhouse gas reduction targets.’’ Those are his words, and I will 

just say I am Tom Carper, and I approve that message. Thank you. 

Would you introduce your families again? I think I was out of the 

room when you introduced your families. Would you just take a 

minute to introduce your families? Who are those people sitting behind you? 

233 

Mr. MCINTOSH. Today, my son, Scott, and his lovely wife, Katie, 

are here. Then there are a number of other family watching, my 

lovely wife, Melanie, my other son, Andrew, and Jen, and then Carl 

and Jennie, and my grandchildren, Eda and Cameron are all 

watching, although they are probably asleep by now. 

Senator CARPER. Please. 

Mr. WRIGHT. So, Senator, actually, my wife is actually sitting behind—— 

Senator CARPER. This not like the weddings, where the bride—— 

Mr. WRIGHT. Right. It got a little confused at the last second— 

together with Dan and Jess who flew out from Midland to be with 

us, and a number of colleagues and friends I think are with us as 

well; and my daughter, Audrey, is possibly watching, she will 

watch the tape from Europe. 

Senator CARPER. Can I have one more minute? 

I have a stepson who lives in Detroit, and now I have a son who 

lives there and works for General Motors for a special summer 

project. He is a graduate student in business. 

But a year ago, on Father’s Day, my stepson, who lives in Rochester Hills, was in Paris on a family vacation with his four kids, 

and they turn on television live in their hotel room, I guess it was 

in the evening, and MSNBC was on—no, no, no, Meet the Press 

was on, and I was on, and they had this big screen TV in their 

hotel room, so there I am on television, and these four kids are 

gathered around, watching me on Meet the Press. This was the 

only time I was ever on Meet the Press, and they sent it to me, 

and we have had more fun with that picture. I was there for Father’s Day, and we looked at it again and said what a special treat 

that was for them and for me, especially for me. 

All right, thanks so much. 

Senator BARRASSO. Well, no further questions today. 

Members may submit written questions, follow up questions for 

the record, and they will have to do that by the close of business 

on Wednesday, June 27th, so we would ask that you respond by the 

close of business by Monday, July 9th. 

I want to thank you and congratulate you on your nomination 

again. Thank you for your testimony today, for all your hearing 

time, and the hearing is adjourned. 

[Whereupon, at 11:37 a.m. the Committee was adjourned.] 

[Additional material submitted for the record follows:] 

234 


34698.202

G. TRACY MEHAN, Ill 

1300 Eye Street, N.W., Suite 701W 

Washington, D.C. 20005 

June 18, 2018 

The Honorable John Barrasso, M.D. 

Chair& 

The Honorable Tom Carper 

Ranking Member 

Committee on Environment and Public Works 

United States Senate 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

RE: William Mcintosh, nominee, Assistant Administrator for the Office of International and Tribal Affairs, 

U.S. Environmental Protection Agency 

Dear Senators Barrasso and Carper, 

It is with great pleasure that I write in support of William ("Chad") Mcintosh's nomination for Assistant 

Administrator for the Office of International and Tribal Affairs at the U.S. E.P.A. I had the opportunity of 

serving with Chad Mcintosh for eight years while I ran the Michigan Office of the Great Lakes in the 

cabinet of then Governor John Engler. Chad served as both environmental advisor to the Governor and 

then as a deputy at the Department of Environmental Quality in which my office was housed. We 

worked on numerous international, interstate and state Issues relating to the Great Lakes and the 

waters of the state of Michigan including toxic regulation, invasive species, water diversions, and 

nonpoint source pollution. 

Chad Mcintosh brings technical engineering and legal knowledge and experience to government service. 

He is also a man of integrity who can be counted on to honor the highest ethical standards. His 

experience in both government and with a multinational corporation (Ford), working in regulatory 

environments around the globe, make him an ideal candidate for this Assistant Administrator post. 

As a former Assistant Administrator for Water at E.P.A., I had responsibility for the tribal program at the 

time. Based on that experience, I believe Chad will provide great assistance and expertise, across all 

media, in serving the nation's tribal governments as well. 

Thank you for your interest. I hope you will confirm Chad Mcintosh to this position. 
235 


34698.203

Statement in Support of Chad Mcintosh 

As 

Assistant Administrator for International and Tribal Affairs 

As someone who had the pleasure to work with Chad Mcintosh on Great Lakes and other environmental 

issues in Michigan state government, I can testify to his solid technical, policy and legal expertise as both 

an engineer and an attorney. He was a conscientious public servant and an outstanding conservationist. 

Subsequently, he demonstrated leadership in corporate environmental affairs at Ford. He will be an 

excellent addition to the team at EPA. He is a great colleague and administrator. 

G. Tracy Mehan, Ill 

Former director, Michigan Office of the Great Lakes 

Former Assistant Administrator for Water at US EPA 

February 26, 2018 
236 


34698.204

HUNTON 

ANDREWS KURTH 

HUNTON ANOREWS KURTH LLP 

50 CALIFORNIA STREET, SUITE 1700 

SAN FRANCISCO, CA 94105 

TEL 415 • 975 • 3700 

2200 PENNSYLVANIA AVENUE, NW 

WASHINGTON, Q,C 20037·1701 

TEL 202 • 955 • 1500 

SHANNON S, BROOME 

DIRECT DIAL 415 • 975 • 37191202 • 955 • 1912 

EMAIL· sbroome@HuntonAK.com 

June 18,2018 

The Honorable John A. Barrasso, M.D. 

Chairman 

U.S. Senate Committee on Environment and 

Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

The Honorable Tom Carper 

Ranking Member 

U.S. Senate Committee on Environment and 

Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

As the Executive Director of the Air Permitting Forum, I write to express my strong 

support for the nomination of William ("Chad") Mcintosh for the position of Assistant 

Administrator for the Office of International and Tribal Affairs at the U.S. Environmental 

Protection Agency (EPA). The Air Permitting Forum is a trade association comprised of Fortune 

100 companies that focuses on Clean Air Act implementation and advocacy. 

Mr. Mcintosh is highly qualified for this position, given his longstanding government 

service and service in the private sector in support of environmental compliance and continuous 

improvement. Having worked with Chad as a member of the Air Permitting Forum where he 

represented Ford Motor Company for many years, I can say with confidence that he has the 

degree of commitment, integrity, diplomacy, and knowledge of environmental law to be a great 

success in this position. His collaborative demeanor and problem solving skills will be a 

tremendous asset to the EPA. 

Chad has longstanding experience in numerous federal and state environmental 

programs, which is particularly helpful for this position at EPA since the assistant administrator 

will work across the agency's programs and regions to develop and implement policy and 

progran1s in service of U.S. public health and the environment. In Michigan, Chad served as 

then-Governor Engler's Environmental and Natural Resources Policy Advisor and also as the 

Deputy Director of the Michigan Department of Environmental Quality (DEQ), addressing all of 

DEQ's regulatory programs. At Ford, Chad had significant compliance responsibilities for 

nearly 20 years, providing him needed perspective as to how regulations are implemented in 

practice. Chad has a strong work ethic and understands the importance of meeting regulatory 

commitments and deadlines. As Tribal governments work to administer their regulatory 
237 


34698.205

Chairman Barrasso and Ranking Member Carper 

June 18,2018 

Page2 

programs and look to EPA for support and guidance, Chad is an ideal leader to ensure that these 

needs are met. 

Chad also shares two key characteristics with me-being a chemical engineer and a 

lawyer. As an engineer and a lawyer, I wholeheartedly support bringing into the agency as many 

people as possible who have both a scientific and legal background. His ability to understand the 

issues presented by the scientific community within EPA and by outside stakeholders and marry 

that perspective with the legal advice he will receive from the agency's lawyers will be a 

significant benefit to ensuring his success in this role. 

In sum, Chad Mcintosh is an excellent choice for Assistant Administrator for the EPA's 

Office of International and Tribal Affairs, and I strongly support his confirmation by the Senate. 

Please do not hesitate to call me with any questions at 415-818-2275 or to email me at 

sbroome@HuntonAK.corn. 

Sincerely, 

r"-j~;:>.~ Shannon S. Broome 

Executive Director, Air Permitting Forum 

Hunton Andrews Kurth LLP 

San Francisco Office Managing Partner & 

California Environmental Practice Leader 
238 


34698.206

MM 

~,A 

Michigan 

Manufacturers 

Association 

June 18,2018 

Chairman John Barrasso, M.D. and Hanking Member Tom Carper, 

United States Senate 

Committee on Environment and Public Works 

41 0 Dirksen Senate Office Building 

Washington, DC 20510. 

Dear Chairman Barrasso and Senator Carper, 

The Michigan Manufacturers Association supports the appointment of William "Chad'' Mcintosh as Assistant 

Administrator for the United States Environmental Protection Agency (EPA), Office of International and Tribal 

Affairs. 

Mr. Mcintosh's education, lmckground and almost 40 years' experience here in Michigan and globally puts him 

in a unique position to serve in this important capacity. He is both a registered professional chemical engineer 

as well a lawyer and member of the Michigan State Bar. 

Mr. Mcintosh served Governor John Engler as his Environmental and Natural Hesources Advisor in the earty 

1990's and later served as Deputy Drrector of the Michigan DEQ. In those roles he interacted with the Tribal 

Governments in Michigan and the Great Lakes region. 

He has extensive experience in the regulatory arena as both a compliance and permitting engineer within the 

Michigan Department of Environmental Quality and later working on global environmental responsibilities for 

the Ford Motor Company 

Mr. Mcintosh's background as an engineer and a lawyer makes him eminently qualified to serve as an 

assistant administrator within the Environmental Protection Agency. His many years of working within 

government and then handling global regulatory challenges for a large manufacturer have given him the 

international environmental and sustainability experience so necessary in today's environmental world. MMA 

highly recommends his appointment to this important post at the EPA. 

Andrew J. Such 

Director of Environmental and Hegulatory Policy 

www,minofg.org 
239 


34698.207

Chairman John Barrasso, M.D. and Ranking Member Tom Carper, 

United States Senate 

Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510. 

Dear Chairman Barrasso and Senator Carper, 

My name is Timothy O'Brien. I am writing with regard to the candidacy of Chad Mdntosh for a 

position with U.S EPA. I have known and worked with Chad for over 20 years. 

I retired from Ford Motor Company as Deputy Chief of Staff to the CEO/Executive Chairman, and 

previously held a number of senior legal and environmental management positions at Ford. I am 

currently Senior Advisor to the Director of the Michigan Department of Environmental Quality (OEQ). 

I hired Chad into Ford Motor Company from his position as Deputy Director of DEQ based upon my 

experience with him as a professional with strong engineering and legal skills, as well as his 

demonstrated ability to implement conservative environmental policy without compromising 

environmental protections. In his time at Ford, Chad continued to be a leader in environmental and 

business performance, in both U.S. and international leadership roles. 

I have every confidence that Chad's background and experience, as well as his past performance, will 

position him to be a strong leader at U.S. EPA. 

Please feel free to contact me (313)729-6682 if I can be helpful as this proceeds. 
240 


34698.208

ection of 

Environment, 

AMERICAN BAI.u:soQA.TION 

Energy, and Resources 

321 North Clark Street • Chicago, ll60654 

1312) 988·5625 • Fa" !312) 98B-5572 

www.americanbar.org/environ! • environ®americanbar.org 

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The Honorable John Barasso, M.D. 

Chainnan 

February 28, 20 18 

U.S. Senate Committee on Environment 

and Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

The Honorable Thomas R. Carper 

Ranking Member 

U.S. Senate Committee on Environment 

and Public Works 

456 Dirksen Senate Office Building 

Washington, D.C. 20510 

Dear Dr. Barasso and Mr. Carper: 

The signatories to this letter, the current Chair, and many former Chairs of the 

American Bar Association's Section of Environment, Energy, and Resources 

(SEER), are pleased to offer their support for the consideration of Peter C. Wright 

as Assistant Administrator of the U.S. Environmental Protection Agency's (EPA) 

Office of Land and Emergency Management (OLEM). Peter has been a friend, 

colleague, inspiring leader, and faithful supporter of SEER for many years. Peter's 

leadership skills, expansive subject matter expertise in OLEM-related areas, 

impeccable character, and personal integrity will ensure his success as Assistant 

Administrator ofOLEM. 

SEER is the premier forum for environmen~ energy, and natural resource lawyers. 

Our I 0,000 plus members share their expertise, leadership, and vision for the 

future by collaborating on educational programs, public service outreach, and a 

vast array of publications on topics relevant to our members and the broader legal 

and lay communities interested in these topics. 

Peter has been a SEER member for many years and has served in countless 

leadership positions. Peter's calm, deliberate, and comforting style, bis expansive 

substantive knowledge of the Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA), the Resource Conservation and 

Recovery Act (RCRA), and related land management legal and regulatory systems 

and programs, as well as his personal integrity and honor have earned the respect 
241 


34698.209

The Honorable John Barasso, M.D. 

The Honorable Thomas R. Carper 

December 15,2017 

Page2 

and admiration of SEER officers, members, and staff. Peter's career, his selfless 

commitment to SEER and the members it serves, and his well-recognized personal 

integrity exemplify the highest standards of the legal profession. We 

enthusiastically and without reservation support the consideration of Peter as 

Assistant Administrator for OLEM, and believe Peter will serve the office with 

distinction and honor. 

Sincerely, 

John E. Milner, Esquire 

Chair 

American Bar Association 

Section of Environment, Energy, and Resources 

Past Chairs: 

Seth A. Davis, 2016-2017 

Pamela E. Barker, 2015-16, 

Steven T. Miano, 2014-15, 

William L. Penny, 2013-14 

Alexandra Dapolito Dunn, 20!2-13 

Irma S. Russell, 2011-12 

John C. Cruden, 2009-10 

Claudia Rast, 2008-09 

Lee A. DeHihns, lll, 2007-08 

Lauren James Caster, 2006-07 

Lynn L. Bergeson, 2005-06 

Michael B. Gerrard, 2004-05 

Kenneth J. Warren, 2003-04 

Eugene E. Smary, 2002-03 

Sheila Slocum Hollis, 2001-02 

Theodore L. Garrett, 2000-01 

R. Kinnan Golemon, !994-95 
242 

Æ 


34698.210

0 GOODWIN 

February 28, 2018 

Honorable John Barrasso 

Chairman 

Laurence S. Kirsch 

Partner and Chair 

Energy and Environmental Practice 

lkl~>ch@goodwlnlaw,com 

+1 202 346 4440 

Honorable Thomas R. Carper 

Ranking Member 

Goodwin Procter LLP 

901 New York Avenue NW 

Washington, DC 20001 

goodwinlaw.com 

+1 202 346 4000 

Committee on Environment and Public Works 

United States Senate 

Committee on Environment and Public Works 

United States Senate 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

456 Dirksen Senate Office Building 

Washington, D.C. 20510 

Re: Nomination of Peter C. Wright as Assistant Administrator for the Office of Land and 

Emergency Management, U.S. Environmental Protection Agency 

Dear Chairman Barrasso and Ranking Member Carper: 

I am writing in my personal capacity in enthusiastic support of the nomination of Mr. Peter C. Wright as 

Assistant Administrator of the United States Environmental Protection Agency for the Office of Land 

and Emergency Management ("OLEM"). As an environmental lawyer for more than thirty years whose 

practice has emphasized the legal issues under the jurisdiction of OLEM and its predecessor office, I 

fully understand the importance of this office to the protection of the environment and the public health 

and welfare of the United States. I am also fully aware of the critical role that the Assistant 

Administrator plays in setting environmental policy, including policies concerning the cleanup of 

contaminated sites under the federal Superfund Program. 

It is difficult to imagine a candidate more qualified for this position than Mr. Wright. He would bring to 

the Assistant Administrator role a wealth of substantive knowledge and experience acquired over 

several decades as one of the most widely respected practitioners in this highly complex area of law. 

He would also bring a strong sense of practicality and fairness acquired in the trenches of 

environmental law, as well as his commitment to expediting accomplishment of OLEM's important 

objectives. Based on my personal knowledge of Mr. Wright and my experience in working with him, I 

have complete confidence that he has the character, knowledge, and abilities necessary to lead OLEM 

with distinction. 

For these reasons, I support Mr. Wright's nomination highly and without reservation. I believe that, if 

confirmed, he will capably serve OLEM, EPA. and the public as Assistant Administrator. 

Laurence S. Kirsch 

Partner and Chair, Energy and Environmental Practice