The emails, obtained by Fox News, came to light in a lawsuit filed by the Energy and Environment Legal Institute. Chris Horner, of EELI, told Fox News he believes the emails show a breach of the Administrative Procedure Act of 1946, which codifies constitutional guarantees in federal rulemaking.
“There is a process under our laws — very specific, very precise — detailing how agencies are allowed to write what is, in effect, law,” Horner said. “They are to afford all parties equal right to participate. They are not permitted to write rules in the backroom with your buddy or on Yahoo accounts with your buddy.”