Proposed Mercury Rules Bear Industry Mark
EPA Language Similar to That in Memos From Law Firm Representing Utilities By Eric Pianin
Washington Post Staff Writer
Saturday, January 31, 2004; Page A04
The Bush administration proposed new rules yesterday regulating power plants' mercury pollution, and some of the language is similar to recommendations from two memos sent to federal officials by a law firm representing the utility industry.
The three approaches that the administration published for public comment would for the first time regulate airborne emissions of toxic mercury, which can enter the food chain and cause developmental damage to infants whose mothers eat mercury-tainted fish.
A side-by-side comparison of one of the three proposed rules and the memorandums prepared by Latham & Watkins -- one of Washington's premier corporate environmental law firms -- shows that at least a dozen paragraphs were lifted, sometimes verbatim, from the industry suggestions.
"That's not typically the way we do things, borrowing language from other people," said Jeffrey Holmstead, head of the EPA's air policy office. "But it came to us through the interagency process." Latham & Watkins was among the law firms and utility industry groups that lobbied the administration last year during deliberations over mercury rules in the Clean Air Act. The firm represents Cinergy Inc. and other major utilities and energy companies with a major interest in the outcome of the rule-making.
Holmstead, an assistant EPA administrator, and his chief counsel, Bill Wehrum, worked for Latham & Watkins before joining the EPA. http://www.washingtonpost.com/wp-dyn/articles/A64630-2004Jan30.html