How Industry Groups Shape EPA Rules—Despite Limited Public Influence
A recent analysis of public comment campaigns during EPA rulemakings reveals inconsistencies between the content of comments and final rules. Meanwhile, industry-backed groups like Energy Citizens have been rallying supporters to sway decisions, with limited impact, according to experts.
The study found little consistency between the comments submitted during EPA rulemakings and the content of the final rules. This suggests that public comments may not significantly influence the agency's decisions. However, agency heads can still use repetitive comments as political cover, as seen in former EPA Administrator Gina McCarthy's defense of the Waters of the United States regulation in 2015.
Energy Citizens, an advocacy group funded by the American Petroleum Institute, has been actively involved in these campaigns. The group has helped hundreds of people write and rehearse comments to support decisions beneficial to the oil industry. Members of Energy Citizens have commented on New Mexico rules and Texas and Louisiana primacy hearings, among others. Environmental groups have accused these efforts of being a form of astroturfing, but experts believe the impact of these campaigns may be limited.
EPA follows the Administrative Procedure Act in its decision-making process. Agencies typically place more weight on technical comments that provide evidence, studies, and data about potential rule changes, rather than repetitive comments. Energy Citizens recently rallied supporters in New Mexico to comment against a proposed state rule requiring higher insurance bonds for oil and gas operators.
While public comment campaigns may not significantly influence EPA rulemakings, industry-backed groups like Energy Citizens continue to mobilize supporters to sway decisions. EPA follows a formal decision-making process, prioritizing technical comments over repetitive ones. The impact of these campaigns remains a topic of debate among experts and environmental groups.
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