Public Citizen files complaint with Congress against Icahn

In Washington, Icahn Enterprises, CVR Energy and their related affiliates appear to be in violation of the Lobbying Disclosure Act of 1995 (LDA), according to a complaint Public Citizen filed Wednesday with Congress. The complaint says there is no record of either entities’ past or current compliance with the LDA.

Media reports also suggest that Trump may issue an executive order making significant changes to the credit structure of the RFS, which is administered by the U.S. Environmental Protection Agency (EPA). The changes would shift responsibility for blending ethanol and biodiesel from companies like Icahn’s CVR Energy oil refiners to wholesale gasoline distributors. CVR’s compliance cost with the current RFS cost the company more than $200 million in purchasing needed credits last year alone.

“Icahn’s dual role as an owner of an oil refining business and Trump’s special adviser on regulations not only presents a significant conflict of interest, but Icahn’s failure to register himself and his affected businesses as lobbyists makes a mockery of our nation’s good governance laws,” said Tyson Slocum, director of Public Citizen’s Energy Program. “He vetted the eventual EPA nominee, advised the president-elect on regulatory policy and is pushing the president to change policy so that his company can save hundreds of millions of dollars.”

The complaint concludes, “All of this has occurred with no record of any LDA filings by or on behalf of Mr. Icahn, Icahn Enterprises or CVR Energy. It is unlikely that all these activities occurred without some individual or entity being obligated to report lobbying activity under the LDA.”