LA fights to expose possible Biden EPA collusion
Blog: Between The Lines
Now we know more about why the Environmental
Protection Agency last year suddenly
punted on one Louisiana case trying to expand its powers beyond its legal
authority, thanks to a similar case initiated by Republican Gov. Jeff Landry.
Last
week, a federal district court blocked
the EPA from creating rules that would allow use of disparate impact requirements
in its decision-making process. This process utilizes a disparate impact study,
which assesses whether proposed actions that may have differential impacts on
protected classes under Title VI of the Civil Rights Act and assumes
foundationally that significant differences must connote racist intentions deemed
illegal.
Over two decades ago the U.S. Supreme Court
instructed the EPA that it couldn't impose this requirement, but only at the
tail end of the Republican Pres. Donald
Trump Administration did it issue a repeal. But before the rule became
final, predictably the new Democrat Pres. Joe Biden
EPA dropped it. Illegally imposing the rule threatens, in this instance, hundreds
of millions of dollars in state grant money from the federal government because,
as part of its role in approving these, EPA insists on including the language
that the state must follow.
That led to a special interest group ideologically
opposed to chemical facilities in its neighborhood, RISE
St. James, lodging a complaint that used disparate impact as a
justification to curtail development of these facilities. Louisiana argued that
doing this violated statute in that it constituted reverse discrimination, i.e.
to conjure a power not granted by statute made for an illegal race-based
approach, where statute only allowed race-based solutions in the case of intentional
discrimination and not simply on disparate outcomes as an indicator assuming
that.
The court agreed with the state that the EPA
showed no reluctance to trying to impose such a standard again, and so enjoined
it. Landry launched the case (GOP new Atty. Gen. Liz Murrill pushed it across the
goal line), which proved to be his last solo victory in that office (along with
other states, just as he exited office he
also beat the EPA in another case), which will have ramifications
nationwide as the EPA now can't overstretch its authority anywhere in
overseeing use of federal grant monies.
But an interesting side note to that case resonates
both to a case against the state the EPA abandoned last summer and to yet another now
overseen by Murrill still working its way through the courts. The only part
that the state didn't prevail upon was getting the court to declare that the
EPA had illegally coordinated with an interest group, the Sierra Club, in
having the case play out.
It turns out that the state's suspicion that coordination
of the Biden EPA with sympathetic private parties, spanning not just interest
groups but journalists, was much wider. Additionally, attorney general Landry
was, and now Murrill is, pursuing
another suit against the EPA for failure to respond to federal Freedom of
Information Act requests detailing communications between it and these parties.
The state asserts that the EPA is stonewalling production of these records, with
the request going back a couple of years surrounding previous efforts that the
EPA made to try to bludgeon the state with its permitting of chemical producers
from expanding their footprints on the basis that the attempts constituted "environmental
racism." This alleged that the state's decisions were a form of illegal racial
discrimination based upon the alleged impact the subsequent activities would
have on protected classes under the Civil Rights Act.
Landry stepped up to the plate and sued the EPA
for acting on the complaint, asserting that it exceeded its authority under
federal and in the process delegated authority to special interest groups.
Within a month, the EPA abruptly closed its investigation without any action –
an unusual resolution, since with almost every case it typically extracts
concessions. At the time, speculation was it had such a thin case using environmental
racism as a justification that if the case continued the judiciary could rule the
EPA had exceeded its authority. The recent ruling partially addresses that issue
insofar as to the use of disparate impact requirements.
Yet in light of the recent ruling, back then another
and perhaps even greater motivation existed for Biden's EPA to fold up –
evidence of coordination with outside sympathetic parties. Keep in mind that
only weeks earlier Landry and Missouri's attorney general had succeeded in another
federal court case where a number of federal agencies were enjoined from contact
with social media companies after finding sufficient evidence that they had
colluded to support Biden Administration policies and election activities. That
case, after enforcement was put on hold by the U.S. Supreme Court, will
be heard on Mar. 18.
Production of these public records not only would touch
upon the communications with the Sierra Club subject to the other suit, but
also apparently with a host of others entities, including special interests RISE
St. James, Concerned Citizens of St. John, and the Deep South Center for
Environmental Justice, as well as with journalists working with news outlets
including the Times-Picayune, The Advocate, the Guardian, WGNO,
WWNO, and MSNBC. These groups and outlets sympathize with climate alarmism and
other politically leftist issue preferences on issues of the environment and
race, and therefore are antipathetic to Landry.
Given the facts of the case before the Supreme
Court – Murthy
v. Missouri – it's not unreasonable to think that the EPA engaged in
similar tactics to collude with certain special interests and to influence
certain media outlets in order to impose its will on Louisiana. Indeed, that
behavior would be a variant of the "sue-and-settle"
tactics first employed by Democrat Pres. Barack
Obama and adopted by Landry's predecessor Democrat former Gov. John Bel
Edwards. With this, government would try to make end runs around the law by
having a friendly special interest sue over a certain practice, then give the
group its way – also preferred by government – through a court settlement. In
the present variation with the EPA, it would come though administrative law
processes, the complaint procedure.
And maybe that's another reason why the complaint last
summer was dropped like a hot potato, the threat of revelation that perhaps
there exists deep ties among these groups, and even these journalists, with the Biden EPA and its agenda. Continuing it further might have exposed them and opened up
litigation along the lines of Murthy v. Missouri.
Except that Louisiana and now Murrill don't plan on stopping with
discovery, through FOIA requests instead of as attendant to an administrative
law case. Which is the right thing to do to ensure oppressive government with
its beneficiary allies don't run roughshod over democracy.