McCabe’s team worked so closely with EPA staff that they sometimes knew what was contained in the agency’s documents before they became public and saw at least one presentation before it was given. The DuPont team also drafted quotes that they attributed to EPA officials in DuPont press releases. In 2007, attorney
Rob Bilott, who sued DuPont over the contamination, deposed McCabe. When asked about requesting quotes from the EPA, McCabe said the practice was “customary.”
Senator Biden introduces Wilmington resident Michael McCabe, right, a former member of Biden’s staff, at a Senate hearing on McCabe’s nomination to be a top EPA administrator in February 2000.
Photo: US Congress
Ultimately, his team succeeded in avoiding regulation that would have cost DuPont dearly. One of the upshots of the months of negotiations was an agreement to phase out PFOA. As part of the negotiations for that deal, McCabe’s team requested that the EPA issue reassuring statements about the safety of chemicals and products that contained PFOA. The EPA obliged.