Transparency Concerns Raised about EPA Nominee

President-elect Barack Obama's nominee to lead the U.S. Environmental Protection Agency (EPA), Lisa Jackson, has drawn both praise and criticism from environmental advocates. Some have accused Jackson of limiting public participation, denying the release of information to the public, and weakening scientific integrity in her time as a state environmental commissioner in New Jersey. Other environmentalists have hailed the nomination and believe the events should not be attributed to Jackson.

Jackson served as commissioner of the New Jersey Department of Environmental Protection (DEP) from February 2006 to November 2008. Much of the criticism of Jackson's tenure concerns charges of weak enforcement and poor administration, especially related to the cleanup of the state's numerous toxic waste sites — New Jersey is home to more Superfund sites than any other state in the nation.

However, Jackson's environmental supporters place the blame for DEP's shortcomings on miserable state budget conditions and obstacles generated by Governor Jon S. Corzine (D). Moreover, many of the DEP problems identified predate Jackson's tenure, by more than 20 years in the case of some Superfund sites.

Several criticisms directed against Jackson may have implications for government transparency and scientific integrity at a Jackson-led EPA. Public Employees for Environmental Responsibility (PEER), a national watchdog group that has a chapter active in New Jersey, has identified alleged cases of secrecy and reprisals against scientists in Jackson's DEP.

According to reports posted on PEER's website, a whistleblower in the DEP was reassigned after criticizing the objectivity of a panel investigating the relicensing of a nuclear power plant. In another case, a 20-year DEP veteran scientist, Zoe Kelman, resigned in protest when she allegedly was removed from a chromium study after criticizing DEP standards for chromium pollution. PEER has also accused Jackson's DEP of issuing a "gag order" against its employees following criticisms of the agency's performance regarding the cleanup of toxic sites.

Concerns have also been raised about excessive withholding of information. In July 2007, PEER petitioned the DEP to change rules to allow public release of officials' calendars and meeting information. The petition was denied. The group also criticized a task force created to review DEP's permitting programs and offer suggestions for streamlining the processes. The task force was dominated by industry representatives, lacked public involvement, and failed to make substantial recommendations, according to PEER.

The New Jersey chapter of the Sierra Club strongly supports Jackson's nomination and refutes many of the criticisms from PEER and others, calling them "false and derogatory statements … based on half truths and faulty information." The Sierra Club chapter blames previous DEP commissioners and several governors, including Corzine, for many of the problems facing the state and DEP. The Sierra Club chapter disagrees with DEP's policy of preventing disclosure of meeting sign-in logs, but it blames a previous commissioner for instilling the secrecy. The chapter also denies that there was a lack of transparency in the proceedings of the permit efficiency task force and defends the task force's final report.

John Pajak, President of the New Jersey Work Environment Council, also noted his dissatisfaction with the governor in the organization's endorsement of Jackson. "While we have differences with some of Governor Corzine's environmental policies," stated Pajak, "Lisa Jackson has proven an able DEP Commissioner and has helped make New Jersey safer and more secure." In a press release following Obama's announcement, Environment New Jersey, a state conservation organization, also hailed the choice of Jackson. The group claimed, "As head of New Jersey's Department of Environmental Protection, Lisa Jackson championed legislation to put New Jersey on the forefront of global warming solutions."

The EPA under outgoing administrator Stephen Johnson has drawn extensive criticism for the erosion of transparency at the agency. Given that Obama has made repeated statements about intending to have the most transparent administration in our country's history, many environmental advocates are looking forward to a change in direction at EPA that restores transparency, accountability, and scientific integrity. New Jersey Sen. Robert Menendez (D) said of Jackson, "I am confident she will bring the change we need from what has been simply disastrous environmental policy under the Bush administration." The Senate will hold a confirmation hearing for Jackson on Jan. 14.

Jackson joined the New Jersey DEP in March 2002 as Assistant Commissioner of Compliance and Enforcement after 16 years with EPA, initially at its headquarters in Washington and more recently at its regional office in New York City. In 2005, before being nominated Commissioner, Jackson also served as the DEP's Assistant Commissioner for Land Use Management.