Levin Legal Group Sues EPA For Records Of Controversial Regs Delayed Until After Election

By David James | October 23, 2012 | 10:40am EDT

Mark Levin says his legal group is suing the EPA to obtain records about the controversial regulations the EPA is "sitting on until after the election and ready to unleash."

On Monday's radio show, Levin announced and explained the importance of the lawsuit:

“As most of you know, I run a little legal foundation. And it is a little legal foundation. It’s called Landmark Legal Foundation. And today we filed a suit in Federal court in Washington D.C against the Environmental Protection Agency.

“So we filed a lawsuit today, and I will link to it tomorrow when we get it up online at Landmark’s website. But here’s what happened, if you’re interested. And this affects all of you.

“In July of this year, major media outlets- this is in our complaint- published news reports indicating the EPA is intentionally delaying the issuance of controversial new regulations till after the November election. I’m not going to read you the whole thing, just relevant parts. These news stories suggest several troubling possibilities, including the Obama administration is improperly politicizing EPA activities, EPA officials are attempting to shield their true policy goals from the public, and or EPA officials themselves are putting partisan interests above the public welfare.

“So on August 17th of this year, Landmark requested records relating to all proposed rules or regulations that have not been finalized by the EPA between January 21, 2012, and August 17, 2012. In other words, all those regulations they’re sitting on until after the election and ready to unleash.

“Landmark sought a waiver of search, review, and reproduction fees pursuant to the Freedom of Information Act and EPA guidelines, which we have a right to. Like the left-wing groups always get. Landmark also requested and is entitled to- here’s the point- expedited processing of its request, because it is an entity primarily engaged in disseminating information and has an urgency to inform the public concerning actual or alleged Federal government activity.

“And by letter dated August 29th of this year, the EPA acknowledged receipt of the request and assigned it a tracking number. And the EPA granted Landmark’s fee waiver request, but denied expedited processing. See, they don’t want to give us the information till much later.

“On September 14 this year, Landmark submitted an administrative appeal of the EPA’s decision to deny expedited processing, demonstrating EPA applied the incorrect standard expediting processing denial. Who do you appeal to? The EPA.

“So today the EPA turned it down, we had a lawsuit ready to go because we knew they would turn it down, and we sued them.”

Editor's Note: A new Senate EPW Minority Report provides "A Look Ahead to EPA Regulations for 2013: Numerous Obama EPA Rules Placed On Hold until after the Election Spell Doom for Jobs and Economic Growth."

The report enumerates the slew of environmental regulations that the report says the Obama-Environmental Protection Agency (EPA) has delayed or punted before the election while President Obama is trying to earn votes; but the Obama-EPA plans to move full speed ahead to implement this agenda if President Obama wins a second term.

The report concludes that these rules taken together will inevitably result in the elimination of millions of American jobs, drive up the price of gas at the pump even more, impose construction bans on local communities, and essentially shut down American oil, natural gas, and coal production.

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