Black campaign under fire over pollution rule, campaign contributions

NASHVILLE - U.S. Rep. Diane Black is coming under harsh criticism after the Republican gubernatorial hopeful's campaign collected at least $225,000 from donors affiliated with a Crossville, Tenn., trucking firm that benefited from an exemption she championed regarding a planned federal diesel-emissions rule.

The New York Times reported Thursday that Black played a major role in the Trump-era Environmental Protection Agency's decision. It allows Byrdstown, Tenn.-based Fitzgerald Glider Kits to continue selling older, rebuilt diesel engines that aren't subject to modern emissions controls.

It results in much higher levels of pollution, according to the newspaper. The Obama administration had tried to close the loophole.

Ten Fitzgerald-related business entities, two political action committees and four Fitzgerald executives and family members contributed least $225,000 to Black's gubernatorial campaign last fall, The Times reported.

It amounted to 12 percent of outside sources contributing to the Gallatin Republican's total gubernatorial campaign.

The revelations drew fire from Black rival Randy Boyd's campaign as well as Democrats.

"As one who has worked hard for Tennessee manufacturers and their employees, Randy has certainly appreciated the support of business leaders from all across the state," said campaign spokeswoman Laine Arnold in an email. "But we were surprised about the news today regarding Congressman Black's efforts to circumvent federal regulatory efforts on Fitzgerald Glider's behalf."

Former Nashville Mayor Karl Dean said in a statement that "you can be for clean air and clean water, and still be pro-business. The two are not contradictory - we did both when I was mayor and we should expect the same from Washington."

He said "we need to be working on innovative solutions that preserve and grow jobs, not creating loopholes that favor one business over another. It should be about finding consensus to protect our health and environment while also ensuring local, Tennessee businesses thrive."

But Black's campaign is pushing back hard with spokesman Chris Hartline saying the congressman was working to help maintain jobs.

"There are very few companies willing to try and keep manufacturing jobs in rural Tennessee today, and Diane fights hard to support the few that do," Hartline said. "Diane does her best to help all constituents that walk through her door, regardless of their politics - that's her job."

He added that the congressman "has fought tirelessly against executive overreach and for the preservation of manufacturing jobs in Tennessee, including those of the hundreds of Middle Tennesseans who work in this industry. Along with Sen. Corker and other members of the Tennessee delegation, she worked for years to make their voices heard - and that's her job."

Boyd's campaign also benefited from a contribution from a Fitzgerald family member, according to his disclosure to the Tennessee Registry of Election Finance.

Robert Fitzgerald, president and CEO of Fitzgerald Collision and Repair, personally contributed $4,000 to Boyd's primary election and another $4,000 for the general election effort. Fitzgerald Collision & Repair gave $4,000 to Boyd in each election.

Fitzgerald, however, gave nothing to Black's campaign.

The contributions to Black's campaign have drawn two complaints to the Registry of Election Finance, said Drew Rawlins, the agency's executive director.

Speaking in general terms, Rawlins noted that corporate contributions are legal in Tennessee - state lawmakers designated a corporation as a "person."

And multiple contributions from affiliated companies are legal provided the affiliate was not created specifically for the purpose of serving as a money conduit.

Five Fitzgerald Peterbilt LLC entities each made $4,000 in contributions to Black's primary election and another $4,000 to her general election effort, amounting to $40,000.

According to The Times, a Tennessee Tech University study paid for by Fitzgerald Glider Kits minimized the environmental impact of the rebuilt trucks. Following a faculty uproar, that prompted an internal investigation at the Cookeville university.

The newspaper also reported the loophole has been condemned by both business and other groups with the list including truck makers Volvo and Navistar, fleet owners such as United Parcel Services and the American Lung Association and the Consumer Federation America.

Several company competitors, including in Tennessee, also objected to the change.

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.

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