Enbridge shares fall on Minnesota pipeline route ruling

Reuters – Business

Enbridge shares fall on Minnesota pipeline route ruling

Reuters          April 24, 2018 

Toronto, April 24 (Reuters) – Shares of Canadian pipeline operator Enbridge Inc dropped more than 4 percent on Tuesday after a Minnesota judge agreed the Line 3 oil pipeline replacement project was needed, but rejected the company’s preferred route.

Enbridge has proposed a C$8.2 billion ($6.4 billion)replacement of its existing Line 3 export pipeline, which extends from Alberta into Wisconsin, doubling capacity on the line to 760,000 barrels per day.

But the project has run into opposition in Minnesota from the state, along with Native American tribes and environmental activists who have questioned whether the replacement is needed.

Administrative Law Judge Ann O’Reilly, of the Minnesota Office of Administrative Hearings for the Public Utilities Commission ruled late on Monday that Enbridge should be issued permission for the replacement, but said the company should use its existing right of way, adding hurdles to the project’s construction.

Under the judge’s recommended route, the existing pipeline would need to be removed and the new one put in its place. Enbridge had asked to leave its current Line 3 in the ground and lay new pipe, at times following a new corridor in the state.

The company said in a statement that it was pleased the judge had supported the project and said it would review her recommendations on routing.

The latest obstacle to Line 3 comes as work has been halted on Kinder Morgan Canada’s Trans Mountain expansion pending a May 31 decision on whether the project, which faces opposition in the Canadian province of British Columbia, will go ahead.

Canada’s oil producers, meanwhile, are desperate for new export pipelines, as rising production and tight capacity on existing pipelines and via rail has led to Canadian crude trading at a wide discount to the West Texas Intermediate benchmark.

Shares of Enbridge were down 4.72 percent at C$37.94 on Tuesday morning.

($1 = 1.2827 Canadian dollars) (Reporting by Julie Gordon in Toronto; Editing by Dan Grebler)

EPA chief signs proposal limiting science used in decisions

The Seattle Times

EPA chief signs proposal limiting science used in decisions

By Michael Biesecker and Seth Borenstein, Associated Press

Originally published April 24, 2018

In this April 3, 2018, file photo, Environmental Protection Agency Administrator Scott Pruitt speaks at a news conference at the EPA in Washington. New internal documents say a sweep for hidden listening devices in Pruitt’s office was shoddy and wasn’t properly certified under U.S. government practices (AP Photo/Andrew Harnik,

WASHINGTON (AP) — Environmental Protection Agency Administrator Scott Pruitt has signed a proposed rule that would restrict the types of scientific studies regulators can use to determine the impact of pesticide and pollution exposure on human health.

Pruitt says the change would increase transparency in the agency’s decision-making by requiring all underlying data used in scientific studies to be made publicly available.

Critics, including former EPA administrators and scientists, say Pruitt’s move is designed to restrict the agency from citing peer-reviewed public-health studies that use patient medical records required to be kept confidential under patient privacy laws.

The embattled EPA administrator signed the proposed order at EPA headquarters Tuesday in an event that was livestreamed on the agency’s website but not open to press coverage.

Wealthiest Americans poised to take advantage of loophole left by GOP tax plan

ThinkProgress

Wealthiest Americans poised to take advantage of loophole left by GOP tax plan

By Rebekah Entralgo      April 23, 2108

Credit: Photo by Chip Somodevilla/Getty Images

The non-partisan Joint Committee on Taxation released a report Monday detailing the effects of the GOP tax bill, ahead of a Tuesday Senate hearing on the same subject.

The findings indicate that nearly 44 percent of the tax cuts for so-called pass-through businesses will go to tax filers making more than $1 million in 2018, while more than 90 percent of the cuts will go to those earning more than $100,000.

Credit: Joint Committee on Taxation

As ThinkProgress previously reported, even though Republicans repeatedly claimed their tax plan would provide cuts for small business owners, pass-through businesses are not small businesses in the mom-and-pop sense, but rather are entities like partnerships, S-corporations, and limited liability companies (LLCs).

The final version of the GOP tax bill transformed the pass-through tax break into a deduction against taxable income, effectively cutting the top rate on pass-through income down from 39.6 percent to 29.6 percent.

This provides top pass-through earners — such as hedge fund owners and lawyers — with an enormous loophole, allowing them to effectively re-characterize parts of their income to pay taxes at a rate 10 points lower than what they are currently paying.

Trump’s ‘small business tax cut’ is actually for rich people who don’t work

It’s not just business owners and lawyers with crafty accountants who stand to benefit from this loophole either: several members of Congress who helped craft the tax bill will benefit as well.

According to a report from the Center For American Progress Action Fund (ThinkProgress is an editorially independent news site housed at CAPAF), there are 15 Republicans from tax writing committees in Congress that can expect to receive an average tax windfall of $314,000 from the pass-through provision.

It should come as no surprise that President Donald Trump himself, along with many of his Cabinet members, are the owners of such pass-through businesses. The Trump Organization oversees at least 500 of them. As a result, Trump could get an annual tax cut worth $23 million, while one of his closest advisers and son-in-law, Jared Kushner, could see a cut of up to $17 million.

Average American workers, meanwhile, won’t be seeing much of a tax cut.

The non-partisan Tax Policy Center found that top 1 percent will get an average cut of $1,022,120, while the middle 20 percent will get an average cut of $420.

The public has appeared to catch on to the scam. A Monday Gallup poll found that a majority of Americans, from both sides of the aisle, aren’t sure if their taxes have gone up or down.

This millionaire revealed his tax return to show just how much the GOP tax law favors the rich

MoveOn.org shared a video.
April 23, 2018

In case there was any doubt that the GOP tax plan benefits the wealthy at the expense of the rest of us, this millionaire explains how much he’ll save:

Watch This Millionaire Explain How Easy It is for the Rich to Exploit the System

This millionaire revealed his tax return to show just how much the GOP tax law favors the rich (via Patriotic Millionaires)

Posted by NowThis Politics on Tuesday, April 17, 2018

NowThis Politics

This millionaire revealed his tax return to show just how much the GOP tax law favors the rich (via Patriotic Millionaires)

Earth Day 2018 – Many Thanks to All The Earth Protectors.

John Hanno     April 22, 2018

Earth Day 2018 – Many Thanks to All The Earth Protectors.

                                                                                        Credit: Saving water – clean natural environment – ocean campaign concept with collaborative woman’s hands in droplet shape on blurred wavy clean water background: Love earth, save water – conceptual idea picture.

All the remarkable progress Earth Protectors have made over the last 4 decades is under siege, from this toxic fossil fuel administration, from the do nothing Republi-con fossil fuel enablers in congress and from Republi-con controlled legislatures and governor offices around the country. But these energy Luddites are waging a losing battle.

Earth, water and air protectors will not be deterred. We’ve come too far. Concerned and energized environmental – journalists, activists, entrepreneurs, educators, Native Americans, liberators and patriots will not allow environmental backsliding.

Forward thinking business executives understand the threats from climate change and global warming. They’re directing their investments and expertise toward alternative and sustainable energy research and development. Green investors and smart capitalists are divesting from toxic and stranded fossil fuel losers and embracing the new sustainable industries. Real conservatives realize the benefits of cleaner and cheaper alternative energy. Every day brings notable and momentous successes in these new industries.

But over-leveraged fossil fuel interests and their funders will not go quietly into the scrap heap of history. They’re not afraid to suborn politicians willing to bow down and disregard the best interests of the American people.

                                                                                            Family Holding Earth in their hands -Earth Day. NASA Image

Earth day, celebrated at the beginning of spring, is the perfect opportunity to refocus our environmental bona fides. This Earth Day emphasizes the monumental battle against plastic pollution, highlighted here and at dozens of upstanding environmental organizations.

Stay vigilant and resist protectors.      John Hanno, tarbabys.com

Senators worry Koch brothers have too much influence in Trump administration

Miami Herald

Senators worry Koch brothers have too much influence in Trump administration

By Anita Kumar     April 20, 2018

In this Aug. 30, 2013, file photo, Americans for Prosperity Foundation Chairman David Koch speaks in Orlando, Fla. The United Negro College Fund announced a $25 million grant from Koch Industries Inc. and the Charles Koch Foundation, a large donation from the conservative powerhouse Koch name that Democrats have sought to vilify heading into the 2014 mid-term elections. Phelan M. Ebenhack AP

Washington: A group of Democratic senators is asking the administration to explain its ties to Charles and David Koch after the conservative, wealthy brothers bragged to donors that they were responsible for some of President Donald Trump’s policies his first year in office.

The senators sent a letter asking for information this week following the distribution of a report to the Seminar Network, a group of donors that fund Koch brothers political and policy efforts, that takes credit for more than a dozen new policies, including replacing the Clean Power Plan, which cut greenhouse gas emissions from power plants, revoking monument designations, streamlining permits for infrastructure projects, repealing limits on short-term health insurance plans; and implementing tax cuts.

“Americans have a right to know if special interests are unduly influencing public policy decisions that have profound implications for public health, the environment, and the economy,” the senators write in their letters obtained by McClatchy.

The letters launch a larger effort by Democratic lawmakers to reveal the extent of the Koch brothers’ influence in the Trump administration.

Next week, Sen. Sheldon Whitehouse of Rhode Island will launch a series of speeches by senators on the Senate floor to describe Koch-funded groups that push policies.

The Koch network has been open about the issues it supports, even inviting 30 reporters, including one from McClatchy, to its annual gathering of 550 supporters and donors in January in California, Koch network spokesman James Davis said.

“We’ll work with anyone to make progress on these issues,” he said.

The Koch network is currently airing TV ads urging Democrats and Republicans to find a way to protect so-called Dreamers or young immigrants who came to the United States illegally as children.

“This is emblematic of what’s wrong with Washington,” Davis said. “People playing political games rather than coming together and solving issues.”

The White House did not respond to a request for comment.

Special interest groups trying to influence the federal government is nothing new. Left-leaning groups, such as the Center for American Progress, a think tank, and the Sierra Club, for example, take credit for policies implemented during President Barack Obama’s administration.

But Stephen Spaulding, chief of strategy at Common Cause, a government watchdog group, said the Koch brothers go far beyond what other groups do in sheer scope, especially with the amount of money spent and number of people involved.

“It’s clear they are doing whatever they can to take advantage of the political dynamics to ram their agenda through,” Spaulding said.

Long-standing members of the Koch network fill the ranks of the federal government, raising concerns about the network’s access to and influence over federal decision making. (six Democratic senators write in letters to the Trump administration)

The Kochs did not support Trump during the election. Charles Koch criticized him and even said that his idea of a Muslim ban were “reminiscent of Nazi Germany.”

Yet 44 Trump administration officials have close ties to the Koch brothers and their political groups, according to a November 2017 report by Public Citizen, a government watchdog group.

Several high-level officials in the Trump administration, current White House Counsel Don McGahn, Kellyanne Conway, counselor to the president; and Marc Short, director of legislative affairs; worked for the Koch network. Others, including Vice President Mike Pence, EPA Administrator Scott Pruitt and OMB Director Mick Mulvaney, have benefited from donations.

Koch Industries, the second-largest private company in the nation based in Wichita, Kansas, and its affiliates spent more than $11 million on donations in the 2016 election cycle, according to the Center for Responsive Politics.

The Koch network donates money to Republicans as well as organizations that then push officials to act, conduct research and polling, buy TV ads and activists to organize rallies and knock on doors. It also spends millions each year to lobby the federal government.

“This year, thanks in part to research and outreach efforts across institutions, we have seen progress on many regulatory priorities this Network has championed for years,” according to the six-page report “Efforts in Government: Advancing Principled Public Policy,” first reported by the Intercept.

The senators sent letters to the White House, the departments of labor, interior, treasury and veterans affairs, the Environmental Protection Agency, the Office of Management and Budget, the National Labor Relations Board and the Consumer Financial Protection Bureau.

The senators asked for emails, memos, meeting notes, correspondence and calendar items between federal employees and any employee, member or representative of Koch Industries or any of its subsidiaries or Koch-related groups, the Seminar Network, Americans for Prosperity, Americans for Prosperity Foundation, Freedom Partners, Freedom Partners Chamber of Commerce, Freedom Partners Action Fund, Concerned Veterans for America, the LIBRE Initiative, Generation Opportunity, i360, Mercatus Center, Texas Public Policy Foundation, Americans for Tax Reform, the Heritage Foundation and National Federation of Independent Business. It asks for the information by May 15.

In addition to Whitehouse, five other senators signed the letter: Elizabeth Warren and Edward Markey, both of Massachusetts, Tom Udall of New Mexico, Ron Wyden of Oregon and Catherine Cortez Masto of Nevada.

Locked and Loaded: What Fresh Pretext Will Trigger US in Syria?

MintPress News

Locked and Loaded: What Fresh Pretext Will Trigger US in Syria?

Between the imminent arrival of thousands of U.S. troops, Israel’s continued military action against Syria, and the Syrian rebel’s poised to stage a false-flag attack, it seems that last weekend’s strikes were only the kickoff for an expanding U.S.-led military operation targeting the Syrian government.

By  Whitney Webb       April 18, 2018

A U.S. Marine fires a howitzer in the early morning in Syria in support of the SDF (Syrian Democratic Forces), June 3, 2017. (Marines Corps Photo)

DAMASCUS, SYRIA – Though U.S. Secretary of Defense James Mattis called the recent strikes targeting Syria a “one-time shot,” recent evidence suggests that the U.S. will likely strike Syria again in the coming weeks and months. Indeed, after the U.S. — along with the U.K. and France – chose to attack Syria based on “evidence” from social media and YouTube purporting to show a chemical weapons attack, U.S. officials warned that the U.S. would not hesitate to attack Syria again if similar evidence suggesting Syrian government use of chemical weapons were to emerge, regardless of how flimsy or controversial such evidence might be.

“I spoke to President Trump this morning and he said if the Syrian regime uses this poisonous gas again, the United States is locked and loaded,” stated U.S. Ambassador to the United Nations Nikki Haley this past Sunday.

As several analysts have noted, this essentially flings open the door for rebel groups throughout Syria to stage chemical-weapons attacks, knowing that even a single YouTube video will be enough to trigger a military response from the United States that would benefit the rebels’ bid to topple Syrian President Bashar al-Assad. In the wake of the recent strikes, rebel groups chided the U.S. for doing insufficient damage to the Assad-led government, calling the strikes a “farce.” Surely, the rebels would consider staging a chemical-weapons attack if it would result in a much more significant strike targeting the Syrian military and government.

Such actions on the part of the rebels would not be unprecedented. For instance, recently released information – as well as the testimony of Western journalists on the ground in Douma – suggest that the chemical attack in Douma was staged.

Less than a month prior to the alleged attack in Douma, Russian officials warned that Syrian rebel factions were planning to stage a chemical attack in order to push the U.S. and its allies to attack the Syrian government. “New provocations with the use of chemical weapons are being prepared — performances will be organized in Eastern Ghouta, among others,” Russian Foreign Minister Sergei Lavrov stated on March 14th to a group of reporters.

U.S. troop movements belie Mattis’ “one-time shot” line

In addition to the high likelihood that Syrian rebels will attempt to bring about further U.S. military action in Syria, the U.S. military already seems to be preparing for that eventuality. Prior to the strikes, but after the U.S. announced that it was considering military action against Syria, the U.S. Navy stated that the Harry S. Truman Carrier Strike Group (HSTCSG) would leave the U.S. and be deployed to the Middle East, focusing particularly on Syria.

Charles Lister: In addition to USS Donald Cook, the U.S has now dispatched USN Carrier Strike Group 8 to the Mediterranean/# Syria:

– USS Harry Truman aircraft carrier
– Carrier Air Wing VII
– USS Hué City missile cruiser
– x6 Arleigh Burke-class Destroyers
– x1 Oliver Hazard Perry-class frigate

The strike group, which consists of 6,500 sailors, is still traveling to Syria and is expected to arrive within the next week. According to the Navy, the group’s mission is set to include “maritime security operations and theater security cooperation efforts alongside allies and partners” and the group will “provide crisis response capability and increase theater security cooperation and forward naval presence.” Even though Mattis has claimed that U.S. military action targeting Syria was a one-time event, the HSTCSG’s deployment to Syria has not been canceled, suggesting that the U.S. is anticipating more strikes against Syria in the near future.

Beyond the imminent arrival of the Truman Strike Group, the U.S. is also amassing thousands of troops along the Syrian-Jordan border. An estimated 4,000 U.S. troops are set to arrive in Jordan for a military exercise called “Eager Lion,” which will last for 12 days – coinciding with the arrival of the USS Truman. The exercise will take place around Jordan’s capital of Amman, which lies 62 miles (100 km) from the Syrian border. Among the war scenarios to be included in the drill is a simulated attack with chemical weapons.

US Army Central: Senior military leaders from @ArmedForcesJO and @CENTCOM announced the beginning of Exercise Eager Lion 2018 on Sunday.

Israel wastes no time

Furthermore, along with apparent U.S. preparations for war, the U.S.’ staunchest ally in the region seems already to be involved in a hot war with Syria. The day after the strikes launched by the U.S., U.K. and France, Israel bombed the T4 airbase near the Syrian city of Homs — killing 14, including Iranian soldiers. Since then, Israel has continued to bomb Syria, with the latest taking place on Monday when the Shayrat airbase – also near Homs – was bombed.

Israel’s latest bombings seem to be aimed at provoking a wider conflict, given that they have targeted both Iranian and Syrian assets located within Syria. Israel, whose influence over U.S. foreign policy has arguably reached unprecedented levels under Trump, has also been actively pushing for a wider war in Syria over the past year – with Israeli officials calling for the murder of Assad and bombing of the Presidential Palace in Damascus.

Between the imminent arrival of 6,500 Navy sailors and 4,000 U.S. army ground troops around Syria, Israel’s continued military action against Syria, and the Syrian rebels poised to stage a false-flag chemical weapons attack, it seems that last weekend’s strikes against Syria were only the foundation for a more significant U.S.-led military operation targeting the Syrian government.

Whitney Webb is a staff writer for MintPress News and a contributor to Ben Swann’s Truth in Media. Her work has appeared on Global Research, the Ron Paul Institute and 21st Century Wire, among others. She has also made radio and TV appearances on RT and Sputnik. She currently lives with her family in southern Chile.

 Stories published in our Daily Digests section are chosen based on the interest of our readers. They are republished from a number of sources, and are not produced by MintPress News. The views expressed in these articles are the author’s own and do not necessarily reflect MintPress News editorial policy.

First-time judge appointed by Trump issues his very first opinion. It’s a doozy.

ThinkProgress

First-time judge appointed by Trump issues his very first opinion. It’s a doozy.

This is not how judges are supposed to behave.

Ian Millhiser     April 19, 2018

Credit: Tom Williams/CQ Roll Call

Judge James Ho has been a federal judge for only a few months. Until Wednesday, he had never handed down a judicial opinion in his life. But the Trump appointee’s very first opinion, a dissent calling for a sweeping assault on campaign contribution limits, is a doozy.

More than just an ideologically radical opinion, Judge Ho’s dissent from the full United States Court of Appeals for the Fifth Circuit’s decision not to rehear Zimmerman v. City of Austin is a monument to conservative political rhetoric and right-wing historical myths. It’s the sort of commentary one would expect to find in an especially strident political magazine — perhaps one of the publications one of Ho’s current law clerks used to write for. It is emphatically not the sort of writing one expects to find in a judicial opinion.

Newly confirmed judges — or, at least, newly confirmed judges who aren’t named “Neil Gorsuch” — are typically more careful than this. They don’t use their very first opinion to burn down the distinction between law and political myth-making.

The core issue in Zimmerman involves an Austin, Texas ordinance prohibiting candidates for mayor or city council from accepting campaign donations greater than $350. It is constitutional, even after the Supreme Court’s Citizens United decision, to limit contributions directly to candidates — the federal contribution limit of $2,700, for example, is constitutional even under the Roberts Court’s reading of the Constitution.

There are also some Supreme Court decisions suggesting that an excessively low contribution limit might violate the Constitution. But a three-judge panel of the Fifth Circuit held that Austin’s $350 limit is not too low, and 12 of Ho’s 14 colleagues voted not to rehear this case. Judge Ho was one of only two judges who thought that the panel’s decision needed further review. As it happens, Ho spends much of his opinion arguing that the $350 limit is, in fact, too low.

But then he goes even farther. The newly minted judge suggests that all contribution limits “are simultaneously over- and underinclusive—defects that have been held fatal in other First Amendment contexts.” It appears that Judge Ho would even strike down the much higher federal limit.

The most striking part of Ho’s opinion, however, is his conclusion. There, he steps away from legal argument entirely to launch into a political rant against big government — complete with a gratuitous swipe at Obamacare.

To be sure, many Americans of good faith bemoan the amount of money spent on campaign contributions and political speech. But if you don’t like big money in politics, then you should oppose big government in our lives. Because the former is a necessary consequence of the latter. When government grows larger, when regulators pick more and more economic winners and losers, participation in the political process ceases to be merely a citizen’s prerogative—it becomes a human necessity. This is the inevitable result of a government that would be unrecognizable to our Founders. See, e.g., NFIB v. Sebelius, 567 U.S. 519 (2012).

There’s a lot to break down here, but let’s start with the citation. NFIB v. Sebelius was a mostly unsuccessful attempt to convince the Supreme Court to repeal the Affordable Care Act. It has literally nothing to do with any of the legal issues present in Zimmerman. NFIB claimed that a health regulation exceeded Congress’ authority under Article I of the Constitution; Zimmerman is a First Amendment challenge to a campaign finance law.

The only reason to cite NFIB to support the proposition that our government “would be unrecognizable to our Founders” is to take a political swipe at Obamacare and at the Supreme Court that disagreed with Ho’s view of this law.

(Ho’s implication that the Affordable Care Act is inconsistent with the framers’ understanding of the Constitution is also dubious — to the extent that it is even possible to claim that a group of Eighteenth Century political leaders with divergent views shared a common understanding. The very first Supreme Court decision interpreting Congress’ power to regulate interstate commerce provides a great deal of support for the Affordable Care Act.)

Ho’s suggestion that a modern regulatory and welfare state necessarily requires a lax campaign finance regime is also inaccurate. Canada, with its single-payer health care system, has both strict limits on donations to candidates and even stricter limits on campaign spending. In 2015, for example, the Canada Elections Act limited spending by candidates for the most expensive parliamentary race to about $210,000 US dollars. That’s not nothing, but it is far less than the $28 million raised by competing candidates for a US House race last year.

Great Britain, with its socialized medicine, has a similar regime limiting spending by candidates and parties.

Judge Ho’s appeal to the Founders is James Madison fan fiction. It bears no more resemblance to the original understanding of the Constitution than a Harry Turtledove novel resembles the Civil War.

And then there’s Ho’s suggestion that the Founding Fathers would be appalled by Austin’s limit on campaign contributions. Judge Ho begins his opinion with a flourish. “The unfortunate trend in modern constitutional law is not only to create rights that appear nowhere in the Constitution, but also to disfavor rights expressly enumerated by our Founders,” he writes, adding that “this case reinforces this regrettable pattern.”

But Judge Ho’s appeal to the Founders is nothing more than James Madison fan fiction. It bears no more resemblance to the original understanding of the Constitution than a Harry Turtledove novel resembles the Civil War.

For one thing, attempting to figure out how the framers understood the First Amendment is a fool’s game. As Jud Campbell, a young conservative legal scholar, writes in the Yale Law Journal, “after a century of academic debate . . . the meanings of speech and press freedoms at the founding remain remarkably hazy.” First Amendment scholar Rod Smolla is even more pointed — “One can keep going round and round on the original meaning of the First Amendment, but no clear, consistent vision of what the framers meant by freedom of speech will ever emerge.”

Judge Ho, in other words, is claiming a level of certainty about the founding era understanding of the First Amendment that evaded scholars for generations. Ho is either a singular and transformative genius in the field of First Amendment history, or he is letting his political desires get ahead of what anyone actually knows.

But here’s something we actually do know about political campaigns at the time of the founding: Fans of the musical Hamilton may remember President Thomas Jefferson’s dismissive swipe at Vice President Aaron Burr near the end of the play — “Man openly campaigns against me, talkin’ bout ‘I look forward to our partnership.’” One reason this line is so biting is because, for much of American history, the idea that a presidential candidate would actively campaign for their own election was considered a vulgarity. Campaigns were typically conducted by surrogates.

As President Andrew Jackson once said to a friend, “I meddle not with elections. I leave the people to make their own President.”

And here’s something else we know about the founding era: they didn’t have television. Or the Internet. Or anything resembling modern political communications. The Founders and their contemporaries had no concept of what a modern political race would look like, or myriad of ways that contemporary technology allows big spenders to shape elections.

There is simply no way to know, in other words, whether modern campaign finance laws “disfavor rights” that the founding generation understood the Constitution to protect. As Doug Kendall and Jim Ryan once wrote of Justice Clarence Thomas’ originalism, asking how 18th Century figures would have reacted to such a transformed landscape is “as productive as asking an only child: Imagine you have a sister. Now, does she like cheese?

Homebuilders paid for Pruitt’s Colorado hotel stay

Politico

Homebuilders paid for Pruitt’s Colorado hotel stay

By Lorraine Woellert          April 17, 2018

During his visit to Colorado Springs, EPA Administrator Scott Pruitt gave a speech to the builders and invited them to EPA headquarters in Washington, where he later told his staff to regard them as the agency’s “customers.” Pablo Martinez Monsivais/AP Photo

A group of Colorado home-builders paid for a luxury hotel stay last fall for EPA chief Scott Pruitt, eight months after the Trump administration began work on a major priority for their industry by unwinding an Obama-era wetlands regulation.

During his visit to Colorado Springs, Pruitt gave a speech to the builders and invited them to EPA headquarters in Washington, where he later told his staff to regard them as the agency’s “customers,” the head of the group told POLITICO.

The $409.12 hotel stay may have met federal legal requirements if EPA’s ethics officers had approved it ahead of time. But it’s likely to add to the storm of ethics controversies surrounding Pruitt, who faces scrutiny from EPA’s inspector general, the White House and members of Congress for his travel and security spending and a $50-a-night Capitol Hill rental he accepted from the wife of an energy lobbyist.

The $409 hotel room “might be the least of his problems, but it’s emblematic of all his problems,” said Virginia Canter, an ethics lawyer for Citizens for Responsibility and Ethics in Washington, a nonprofit watchdog group.

“It’s one thing when a head of an agency or senior official is engaged in legitimate outreach,” Canter added. “But to give a speech, accept a benefit of overnight lodging, then a few weeks later instruct your staff that these are your clients strikes me as inappropriate. At a minimum it raises an appearance issue.”

Pruitt is known to actively seek speaking slots at events with key groups with a stake in the agency’s actions. A former staffer, Kevin Chmielewski, has told lawmakers that Pruitt directed his staff to find places he could visit, congressional Democrats wrote in a letter last week. A former lobbyist also recalled Pruitt and his staff persistently asking for an invite to a conservative event that fundraisers frequently attend.

EPA spokesman Jahan Wilcox did not immediately respond to requests for comment about the travel arrangements.

Pruitt agreed to speak to the Housing and Building Association of Colorado Springs after it offered to cover his expenses, including his flights and $409.12 to put him up at The Broadmoor, a lakeside golf resort, on Oct. 4, according to the builder group’s chief executive officer, Renee Zentz. The hotel advertises itself as “a legendary Forbes Five-Star and AAA Five-Diamond resort with impeccable service and distinctive amenities.”

EPA never billed the trade group for his flights, Zentz said in an interview. And while Pruitt stayed at The Broadmoor as the group had agreed, his entourage spent the night at a different hotel, Zentz said.

“We didn’t pay for his team but we paid for him. That was the agreement when we talked to him,” Zentz said. “We just wanted to get him here, we were just so excited to have him.”

The trip’s headline event was a Pruitt speech to a lunch gathering of about 150 people on Oct. 5, Zentz said. In a stroke of good timing, board members from the National Association of Home Builders were meeting in nearby Santa Fe, N.M., and flew up for the event. NAHB President Jerry Howard hustled in from Washington to moderate Pruitt’s remarks.

The group’s invitation describes the event as “a rare opportunity to hear directly from the EPA administration” and “our chance to make sure the concerns of our industry are being listened to.”

“It just was an awesome opportunity,” Zentz said. “It was a pretty big feather in our cap locally.”

Builders rank among Pruitt’s biggest supporters, even amid his recent spate of negative headlines. They also have lauded the administration’s efforts to roll back regulations on clean water and storm runoff, including a sweeping Obama-era EPA regulation called Waters of the United States that several industries have denounced as a multibillion-dollar drag on the economy. Granger MacDonald, then-chairman of the National Association of Home Builders in Washington, was at the White House in February 2017 when President Donald Trump signed an executive order that took the first step toward undoing that rule, one of his first acts in office.

Pruitt, who attended the signing ceremony, has since set about crafting a much more limited regulation to protect waterways and wetlands. Environmental groups have said the move could leave 60 percent of U.S. stream miles and 20 million acres of wetlands unprotected and vulnerable to development or pollution.

Before the October lunch in Colorado Springs, Pruitt sat down to an invitation-only coffee with about 20 business owners and builders, who complained about EPA’s approach to stormwater controls and other regulations. At the end of that meeting, Pruitt instructed staff to arrange a meeting in Washington with industry representatives, Zentz said.

That meeting took place at EPA headquarters on Oct. 24, when Pruitt and his staff met with eight to 10 industry representatives, including a Colorado builder from Zentz’s group.

Pruitt “wanted to hear from our districts. He called a representative from every single district,” Zentz said. “He put his staff in the room and said, ‘This is our customer, this is who we’re going to listen to.’

“He told his staff, ‘These are our customers,’” Zentz said. “He listened.”

Federal law allows government officials to accept travel reimbursement, including hotel stays, with prior approval from agency officers. But even if the agency had approved the room, it was inappropriate, CREW’s Canter said.

“It appears to be abuse of the travel approval,” she said. “It’s not intended to be used to provide luxury accommodations to the head of the agency so he can turn around two weeks later and say we give these guys favorable treatment.

Emily Holden and Annie Snider contributed to this report.

Interior Secretary Ryan Zinke is pictured. | Getty Images