Yesterday the Government Accountability Office issued a report concluding that the Environmental Protection Agency (EPA) violated federal law in its use of social media to promote its controversial “WOTUS rule”, redefining the scope of the “waters of the United States” subject to federal regulation under the Clean Water Act.
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EPA used Thunderclap – an online tool to amplify social media posts so they reach more people – to bring anyone who clicked on its posts to websites hosted by the Natural Resource Defense Council and Surfrider Foundation, asking people to tell their federal representatives to support federal water rules. The effort achieved at least 1.8 million individuals. “EPA engaged in covert propaganda when the agency did not identify EPA’s role as the creator of the Thunderclap message to the target audience”, the GAO said.
U.S. Sen. John Boozman of Rogers called the rules a “power-grab” and said the GAO had provided “proof that the Obama Administration is willing to break the law to get its way”.
More than half the states have filed legal challenges, and federal courts have put the regulations on hold until the lawsuits can be considered.
“The Army Corps’ of Engineers has raised concerns that the EPA exaggerated the scientific basis for their jurisdictional determinations, the courts have twice found rationale to halt implementation of the rule, and both Chambers of Congress have taken action to withdraw the rule”, said Ellis.
The GAO said it was unclear how much money the EPA spent while lobbying for rules that were opposed by a large number of farmers, ranchers, business groups and lawmakers.
The EPA said in a statement that it disagrees with the GAO’s evaluation, but will fulfill whatever reporting requirements are essential.
The decision could be closely watched by agencies wondering where the line on information and activism should be drawn on social media.
On the water rule, the agency said its social media task just directed users to a general webpage about the Clean Water Rule and provided outreach and instruction materials, emails and presentations with an Internet link.
Also, agency officials added, “At no point did the EPA encourage the public to contact Congress or any state legislature”. The EPA’s Thunderclap campaign was entitled, “I Pick Clean Water” and was attributed to the bureau.
“GAO’s finding confirms what I have long suspected, that EPA will go to extreme lengths and even violate the law to promote its activist environmental agenda”, Inhofe said. It’s clear from this report that EPA orchestrated this matter in a biased fashion.
“We conclude that EPA violated the anti-lobbying provisions contained in appropriations acts for FY 2015 when it obligated and expended funds in connection with establishing the hyperlinks to the webpages of environmental action groups”, the GAO audit said.
Davenport’s May article cast light on EPA claims that 90 percent of the one million public comments it received about its water rule were positive.
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