Earlier this week, the D.C. Circuit Court of Appeals became the latest court to reject EPA’s position that its decision to bar scientists receiving grants from EPA from serving on its advisory panels was not subject to judicial review. The D.C. Circuit went farther than the First Circuit; it went to the merits and found that EPA’s policy was arbitrary and capricious under the Administrative Procedure Act.… More
Tag Archives: FACA
EPA’s Limits on Advisory Committee Participation Are Subject to Judicial Review
On Monday, the 1st Circuit Court of Appeals held that EPA’s directive forbidding those who receive EPA grants from serving on EPA advisory committees is subject to judicial review. It’s an important issue, because the advisory boards are one of the few checks on EPA’s efforts to undermine of the use of science in its rulemaking.
EPA argued that it retains discretion over the composition of its advisory committees and that plaintiffs’ claims were not justiciable. … More