Senator Inhofe takes a swing at the Environmental Protection Agency and misses

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Senator James Inhofe, Republican-Oklahoma, who famously called global warming a hoax perpetrated by left-wing environmentalists, took a swing at the Environmental Protection Agency for improper use of agency funds and potential violation of law -- and whiffed.

Inhofe questioned the preparation and release by the agency of information related to the agency's consideration of a request by the State of California for a waiver allowing the state to regulate carbon dioxide emissions from motor vehicles. The request was made by William Reilly, EPA administrator under President George H.W. Bush from 1989 to 1992.

Inhofe asked the EPA's Office of Inspector General whether the agency improperly released information to Reilly "to use in his lobbying efforts" in order to influence the administration's waiver decision.

The IG's short answer, released today, was no.

At somewhat greater length, the IG reported that the "preparation and subsequent release of information [to Reilly] do not constitute a violation of law, regulation or policy," including the Anti-Lobbying Act.

In the first place, Reilly "was not acting as a lobbyist concerning the California waiver issue at the time of the waiver application and decision," the IG said. (The waiver request was denied by the agency. Reilly supported granting the waiver).

According to the officials of EPA's Office of Transportation and Air Quality who prepared the material for Reilly, "None of the information in the document was, to the best of their understanding, privileged; i.e., there was nothing in it that was not available publicly or was 'confidential.' Attorney's from the Agency's Office of General Counsel as well as the IG agree," the report said.

Preparation of the document was consistent with OTAQ's stakeholder communication practices, which is neither a written policy or procedure, the IG noted. But as a result of the concerns raised about the response to Reilly, OTAQ "should consider formalizing its practice."

Which, if it avoids similar requests from Inhofe, would save the government some money. Okay, not "real" money in government terms, but the IG estimated that the cost of preparing the report was $52,858.

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This entry was written by Gerald Karey and was published on December 4, 2008 4:17 PM ET.

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