NC scientist tapped as Trump adviser quits DEQ, sees ‘politicization of science and law’

The former secretary of the state Department of Environmental Quality has resigned from the state agency after being put on paid administrative leave nearly a month ago.

Donald van der Vaart, who was first in command under the Republican administration of former Gov. Pat McCrory, sent a letter to his successor as secretary, Michael Regan, on Tuesday saying he would retire after 23 years.

Van der Vaart was put on paid leave earlier this month, as was John Evans, his deputy in the McCrory administration.

A memo from DEQ Human Resources Director Ursula Hairston to van der Vaart obtained by WBTV does not give specific details for the personnel action.

“This leave is being initiated in order to investigate concerns regarding your conduct and recent actions that may have compromised the Division of Air Quality and the Department of Environmental Quality,” the Nov. 1 memo states. “This is not a disciplinary action.”

The action came shortly after van der Vaart was appointed to the a board of the Trump administration’s Environmental Protection Agency.

When van der Vaart was appointed to the EPA Scientific Advisory Board – after new EPA head Scott Pruitt stripped half a dozen scientists and researchers of their advisory roles – Regan issued a statement saying the former state secretary did not speak for North Carolina or the agency. Regan also said DEQ did not support his participation on the EPA board. He also was not to do any of the work for the board while on state time.

In recent months, van der Vaart’s opinion pieces have put him in conflict with environmental principles and guidelines espoused by the current DEQ secretary.

“Throughout my career, I published both scientific and legal work in professional journals,” van der Vaart said in his resignation letter. “The publication of research articles is fundamental to the deeper understanding of complex issues throughout intellectual discourse. The countless articles I authored and co-authored at DEQ have served that purpose.”

One piece was published in the Environmental Law Reporter in September. In that opinion piece that van der Vaart co-authored with Evans, they called for the repeal of a key provision of the Clean Air Act that was designed to prevent polluters from getting around strict emission rules by moving into regions with relatively clean air to make it easier to meet standards.

That opinion put the men in conflict with DEQ, which considers the program “a cornerstone of federal and state air quality programs,” DEQ spokesman Jamie Kritzer told NC Policy Watch at the time.

“The . . . program is based on the common-sense approach of protecting air quality by subjecting the largest emitters to the most stringent levels of review,” Kritzer added.

Evans remains on paid leave, according to a DEQ spokeswoman.

In his resignation letter, van der Vaart said some of his “work was adopted by the department and in other cases it was not.”

“At no time, however, was I ever informed that DEQ had any concern with articles which I authored in my professional field, nor was I discouraged from publishing such articles,” van der Vaart said. “So after publishing some 30 articles following the same procedures, including providing a disclaimer on the manuscript, the administration is moving to stifle my contributions to scientific and legal discourse in professional journals. This is deeply troubling.”

Van der Vaart also challenged questions about his decision to serve on the EPA board.

“I do not think any reasonable person would have expected that reaction and I firmly believe that my involvement with the EPA’s scientific advisory board, whose objective is to provide the EPA Administrator with independent scientific advice, is positive for North Carolina and DEQ.”

Van der Vaart was the first DEQ secretary to rise through the ranks as a scientist, and he returned almost a year ago to the air quality division where he had extensive experience as a regulator.

Toward the end of McCrory’s term, van der Vaart demoted himself and Evans into jobs within DEQ where they would be protected from political firings that often take place as a new administration and party comes into office.

Before Pruitt was tapped to lead the EPA, van der Vaart was seen as a potential candidate to head the agency or lead one of its divisions under the Trump administration.

Under the McCrory administration, van der Vaart worked to roll back state air and water regulations, which brought him into conflict with the Obama administration EPA.

He stumped for nuclear energy, even though DEQ has little say in which power plants are built in North Carolina. He often expressed doubts about the environmental benefits of wind and solar farms.

Van der Vaart holds a doctorate in chemical engineering from the University of Cambridge in England, a law degree from N.C. Central University, a master’s degree in chemical engineering from N.C. State University and a bachelor’s degree in chemistry from UNC-Chapel Hill.

While secretary of DEQ, van der Vaart made a salary of $130,935. In his last job with the agency, his salary was $98,000.

Brian Buzby, executive director of the North Carolina Conservation Network, issued a statement on Tuesday about van der Vaart’s departure.

“Placing Mr. van der Vaart and Mr. Evans on leave was a prudent decision on the part of Secretary Regan and the Department of Environmental Quality, and Mr. van der Vaart’s resignation is an appropriate conclusion to his tenure at DEQ,” Buzby said in his statement. “Under Mr. van der Vaart’s leadership during the previous administration, the agency was plagued by politically-motivated decision-making that often put the priorities of polluters over the wellbeing of our air, water and public health. It’s clear that Mr. van der Vaart continued to embody this philosophy over the past several months, and he does not appear to have been acting in the best interests of the department’s mission or the people of North Carolina.”

Van der Vaart said he will cherish his time with DEQ despite the controversy he faced.

“The state has traditionally found it difficult to recruit young people without the added specter of politicization of science and law,” van der Vaart said in closing his letter. “Sadly, that specter is now clearly visible.”

This story was originally published November 29, 2017 at 11:26 AM with the headline "NC scientist tapped as Trump adviser quits DEQ, sees ‘politicization of science and law’."