Trump Environmental Protection Agency Litigation Record: U.S. Senate Environment & Public Works Committee Minority Ranking Member (Tom Carper) Report

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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United States Senate Committee on Environment & Public Works Ranking Minority Member Tom Carper has issued a report titled:

Rule of Law? Not so much. Scott Pruitt’s Losing Litigation Record at EPA (“Report”)

The focus of the Report are lawsuits that have been filed against the United States Environmental Protection Agency (“EPA”) during Administrator Scott Pruitt’s tenure.

In terms of numbers, the Report notes that over 140 lawsuits have been filed against EPA in response to regulation repeal, delay of regulation implementation or denial of public access to agency information. Further, the Report states that EPA has been put on notice in regards to nearly 3 dozen lawsuits that may be filed.

The Pruitt EPA’s litigation record in regards to these lawsuits is stated to consist mainly of losses. For example, the Report states:

  • Approximately 66 cases have been filed regarding EPA’s alleged failures to comply with government transparency and ethics rules. In 7 of those cases, the plaintiffs voluntarily dismissed their case after working or reaching a settlement with the agency. In another 13 cases, the court ordered EPA to produce records that had been withheld. In only one case of approximately 21 that have resulted in a court order or otherwise reached resolution, did EPA prevail (on procedural, not substantive grounds) – a litigation “success” rate of about 5%.
  • Approximately 79 cases have been filed regarding the Pruitt EPA’s environmental regulatory actions. Of the 6 cases that have had a court fully review them, EPA lost 4 cases outright. In the other 2 cases, EPA succeeded in delaying arguments on one, and got another dismissed on mootness grounds after withdrawing the challenged rule.

A copy of the Report can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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