“This is an action arising out of a directive by the Environmental Protection Agency that prohibits scientists in receipt of certain EPA grants from serving on the agency’s federal advisory committees. The complaint alleges that the directive was arbitrary and capricious in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706.
Defendants have moved to dismiss the complaint for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1), on grounds of lack of standing, finality, ripeness, and justiciability, and for failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6).
It is perhaps worth noting at the outset what this case does not involve. It is not about the best way to develop and implement our national environmental policies, or who are the proper people to assist in that process. And of course it is not about the wisdom or effectiveness of those policies. Rather, this case involves a fairly narrow set of issues: in substance, whether a specific EPA conflict-of-interest directive violates federal law, and whether plaintiffs are the proper parties to assert such claims. Based on established federal law, and for the reasons set forth below, the challenged directive is not subject to judicial reversal, and accordingly the complaint will be dismissed.” click here
Hysteria over climate changes is counterproductive. Climate is a dynamic system and is always changing.
“On the climate change, it is an important issue that we have to be addressing, and we are addressing it, but most of the threats from climate change are 50 to 75 years out.” click here
Posted in Climate, EPA
Tagged climate, USEPA
Clewell HH 3rd, Gentry PR, Hack CE, Greene T, Clewell RA. An evaluation of the USEPA Proposed Approaches for applying a biologically based dose-response model in a risk assessment for perchlorate in drinking water. Regulatory toxicology and pharmacology. 2019 Jan 29. pii: S0273-2300(19)30036-4. doi: 10.1016/j.yrtph.2019.01.028.
The United States Environmental Protection Agency’s (USEPA) 2017 report, “Draft Report: Proposed Approaches to Inform the Derivation of a Maximum Contaminant Level Goal for Perchlorate in Drinking Water”, proposes novel approaches for deriving a Maximum Contaminant Level Goal (MCLG) for perchlorate using a biologically-based dose-response (BBDR) model. The USEPA (2017) BBDR model extends previously peer-reviewed perchlorate models to describe the relationship between perchlorate exposure and thyroid hormone levels during early pregnancy. Our evaluation focuses on two key elements of the USEPA (2017) report: the plausibility of BBDR model revisions to describe control of thyroid hormone production in early pregnancy and the basis for linking BBDR model results to neurodevelopmental outcomes. While the USEPA (2017) BBDR model represents a valuable research tool, the lack of supporting data for many of the model assumptions and parameters calls into question the fitness of the extended BBDR model to support quantitative analyses for regulatory decisions on perchlorate in drinking water. Until more data can be developed to address uncertainties in the current BBDR model, USEPA should continue to rely on the RfD recommended by the NAS (USEPA, 2005) when considering further regulatory action.
“The U.S. Environmental Protection Agency recently issued a directive announcing new membership priorities for its federal advisory committees (the “Directive”). The Directive requires, in part, “that no member of an EPA federal advisory committee be currently in receipt of EPA grants.” The Plaintiffs complain that this requirement is arbitrary and capricious, conflicts with several statutes and regulations governing advisory committees, and is a shift in policy that EPA failed to explain.
EPA’s Acting Administrator,1 however, has moved to dismiss the suit under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). At the outset, EPA alleges that the Plaintiffs lack standing and their claims are unripe. It also argues that because the Directive is an appointment policy, it is a matter reserved to agency discretion and the Plaintiffs largely rely on statutes that are either inapposite or offer no meaningful standard for review. And even if the Plaintiffs have identified applicable statutes, EPA argues that the Plaintiffs have failed to allege a violation of any specific statutory provision. For the reasons stated below, EPA’s motion to dismiss will be granted.” click here
The administrator of an Independent Agency of the US Government is particularly vulnerable to political attack regardless of party. Whatever any Administrator of USEPA does, someone in Washington will not like it, and will mount an attack. Independent Agencies are not tied to any Cabinet-level agency, and so they lack the budget, power and prestige to withstand such an unrelenting political attack for very long.
“Scott Pruitt did an outstanding job inside of the EPA. We’ve gotten rid of record breaking regulations and it’s been really,” Trump said, adding there was “no final straw. I think Scott saw that he was, he was, uh– look, Scott is a terrific guy. And he came to me and he said I have such great confidence in the administration. I don’t want to be a distraction. And I think Scott felt that he was a distraction.” click here
Government agency representatives meeting with advocacy groups of all political sides is a normal practice within the US federal regulatory system. Ex parte communications for information exchange are certainly allowed under the Administrative Procedure Act (APA) and can be productive for both parties if done in the right manner. Concern about “transparency” is a red herring because any and all conversations of such meetings must be documented and placed in the corresponding regulatory docket.
It is disingenuous if an advocacy group from one political side, when invited refuses to meet with EPA officials, and then later complains that groups opposing their position are meeting with the EPA officials.
These same environmental advocacy groups used similar tactics in the 1980s and 1990s where these groups filed lawsuits to drive much of EPA regulatory activity through court orders.
“An environmental group declined an offer to meet with Environmental Protection Agency (EPA) Administrator Scott Pruitt in 2017 over concerns the meeting would not be “transparent,” E&E News reports.” click here
“This document proposes a regulation intended to strengthen the transparency of EPA regulatory science. The proposed regulation provides that when EPA develops regulations, including regulations for which the public is likely to bear the cost of compliance, with regard to those scientific studies that are pivotal to the action being taken, EPA should ensure that the data underlying those are publicly available in a manner sufficient for independent validation. In this notice, EPA solicits comment on this proposal and how it can best be promulgated and implemented in light of existing law and prior Federal policies that already require increasing public access to data and influential scientific information used to inform federal regulation.” click here