A recently leaked internal memo from the Environmental Protection Agency (EPA) orders agency employees to refrain from discussing information regarding enforcement actions. The gag order came a week before the Bush administration revealed it would drop pending investigations of 70 power plants accused of violating the Clean Air Act (CAA). The Oct. 28 memo from J. P. Suarez, the assistant administrator for the Office of Enforcement and Compliance, instructs staff to refrain from discussing “sensitive enforcement information” with external parties. These third parties include:

• Congressional members and staff;
• State or local government representatives that do not enter into a joint prosecution agreement with the Federal government;
• The media;
• Industry, trade associations, environmental groups, public interest groups; and
• The public.

The information the memo lists as restricted is:

• Information regarding the status of an investigation, negotiation, litigation, or settlement discussion;
• Sensitive information that may affect how a case proceeds, even though the information may not be privileged;
• Non-public information that was inadvertently or otherwise disclosed; and
• Draft press and communication documents, such as press releases or advisories.

This memo follows a troubling precedent of attempting to silence EPA employees on controversial or embarrassing issues. Last year the Bush administration issued a similar gag order to EPA after perchlorate, a rocket fuel ingredient, was found in the nation’s drinking water and lettuce supply. The gag order prevented EPA scientists from discussing two studies that show lettuce absorbs large amounts of perchlorate. The Pentagon and defense contractors opposed EPA’s risk-assessment and are resisting efforts to require testing groundwater.