Document dY5G0vRvav8KQ4Y3V662xpRQ9

To: Pruitt, Scott[Pruitt.Scott@epa.gov] Cc: Minoli, KevinfMinoli.Kevin@epa.gov]; Baptist, Erik[baptist.erik@epa.gov]; Schwab, JustinfSchwab.Justin@epa.gov]; Fotouhi, DavidfFotouhi.David@epa.gov]; Packard, ElisefPackard.Elise@epa.gov]; NTEU 280 Board[NTEU280Board@epa.gov]; Joe Edgell, NTEU Chapter 280 Senior VP[joe@nteu280.org]; Jackson, Ryan[jackson.ryan@epa.gov] From: Edgell, Joe Sent: Fri 10/27/2017 7:57:15 PM Subject: Concerns About the Adhering to Fundamental Principles of Due Process, Rule of Law, and Cooperative Federalism in Consent Decrees and Settlement Agreements Memorandum NTEU Response to Sue-Settle Memo-2( 27.pdf `hard copy attached* Administrator Scott Pruitt U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, Northwest Washington, DC 20460 sent via email Dear Administrator Pruitt, I write on behalf of the attorney members of the National Treasury Employees Union (NTEU), Chapter 280, to express deep concerns regarding attacks on their integrity, as well as factual inaccuracies in your "Adhering to Fundamental Principles of Due Process, Rule of Law, and Cooperative Federalism in Consent Decrees and Settlement Agreements" memorandum. As your career staff, the attorneys intend to faithfully carry out your directives, as they have throughout past administrations. Nonetheless, your unsubstantiated allegations that agency staff conducted unlawful collusive activities, as well as other inaccuracies in the memorandum are deeply troubling and must be corrected. For example, the memorandum's inaccuracies misrepresent the litigation policies and 17cv1906 Sierra Club v. EPA ED_001523_00001408-00001 practices of both Republican and Democrat administrations at the U.S. Environmental Protection Agency (EPA) and U.S Department of Justice (DOJ), which date to at least the Reagan Administration. The U.S. Government Accountability Office (GAO) analyzed these policies and practices in 2014 and found no legal violations at EPA or DOJ. See GAO-15-3. Ballentine's law dictionary defines collusion as an "agreement between two or more persons to defraud another of his rights by the forms of law or to secure an object forbidden by law." The memorandum's statement that litigation settlements "appear to be the result of collusion" alleges unlawful activity by agency staff that has not occurred, as confirmed by the GAO. Our attorney members are legitimately concerned that your statements could be perceived as allegations of professional misconduct or could be used to gain a strategic litigation advantage. EPA's attorneys are professional civil servants. In their capacity as legal counsel to the EPA, they serve you and the American people every day through the implementation, defense, and enforcement of our federal environmental statutes. While it is your prerogative to set the policy direction of the agency, it is not acceptable to falsely accuse your staff of unlawful or unethical behavior when it simply did not occur. For these reasons, we respectfully request that you correct the record by amending your memorandum and directive to remove the inaccuracies and false allegations. We also request a facilitated meeting with you to share the specific corrections we believe are necessary to ensure our members' protection and protection of the agency. Please have your staff contact the undersigned at edgell.joe@epa.gov to arrange for the requested face-to-face meeting. Sincerely, Joe Edgell Joe Edgell 17cv1906 Sierra Club v. EPA ED_001523_00001408-00002 Senior Vice President & Attorney-Adviser NTEU Chapter 280 & EPA Office of General Counsel oe@nteu280.org 202-564-5514 17cv1906 Sierra Club v. EPA ED_001523_00001408-00003 Nlin-MihmT!InMEin U(ohm October 27, 2017 Administrator Scott Pruitt U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, Northwest Washington, DC 20460 sent via email Dear Administrator Pruitt, I write on behalf of the attorney members of the National Treasury Employees Union (NTEU), Chapter 280, to express deep concerns regarding attacks on their integr ity, as well as factual inaccuracies in your "Adhering to Fundamental Principles of Due Process, Rule of Law, and Cooperative Federalism in Consent Decrees and Settlement Agreements" memorandum. As yo ur career staff, the attorneys intend to faithfully carry out your directives, as they have throughout past administrations. Nonetheless, your unsubstantiated allegations that agency staff conducted unlawful collusive activities, as well as other ina ccuracies in the memorandum are deeply troubling and must be corrected. For example, the memorandum's inaccuracies misrepresent the litigation policies and practices of both Republican and Democrat administrations at the U.S. Environment al Protection Agency (EPA) and U.S Department of Justice (DOJ), w hich date to at least the Rea gan Administration. The U.S. Government Accountability Office (GAO) analyzed these policies and practices in 2014 and found no legal violations at EPA or DOJ. See GAO-15-3. Ballentine's law dictionary defines collusion as an "agreementbetween two or more persons to defraud another of his rights by the forms of law or to secure an object forbidden by law." The memorandum's statement that litigation settlements "appear to be the result of collusion" alleges unlawful activity by agency staff that has not occurred, as confirmed by the GAO. Our attorney members are legitimately concerned that your statements could be perceived as allegations of professional misconduct or could be used to gain a strategic litigation advantage. EPA's attorneys are professional civil servants. In their capacity as legal counsel to the EPA, they serve you and the American people every day through the implementation, defense, and enforcement of our federal environmental statutes. While it is your prerog ative to set the policy direction of the agency, it is not acceptable to falsely accuse your staff of unlawful or unethical behavior when it simply did not occur. For these reasons , we respectfully request that you correct the record by amending your memorandum and directive to remove the inaccuracies and false allegations. We also request a facilitated meet ing with you to share the spe cific corrections we believe are necessary to ensure our members' protection and protection oft he agency. Please have your staff contact the undersigned at edgell.joe@epa.gov to arrange for the requested face-to-face meeting. Sincerely, Joe Edgell Senior Vice President & Attorney-Adviser NTEU Chapter 280 & EPA Office of General Counsel 17cv1906 Sierra Club v. EPA ED_001523_00001409-00001