A conservative group is suing the Environmental Protection Agency for access to Gina McCarthy’s text message and training records.

The Competitive Enterprise Institute said its lawsuit was reason to delay the confirmation vote for McCarthy, which could come as early as Tuesday. President Obama nominated her for EPA administrator four months ago.

“Ultimately, we will learn if EPA’s problems with non-official email accounts, and accounts not identifying the account holder, extend to their use of private accounts for texting or even destroying this alternative to email, as it seems. Resolving the questions in today’s suit, and about her use of a personal account, should be necessary conditions to moving forward on her nomination,” Christopher Horner, a senior fellow at the CEI, said in a Monday statement.