Shapiro Takes on Pruitt's Pseudo-Transparency Rule

by Matthew Freeman | May 29, 2018

While most of the press EPA Administrator Scott Pruitt is getting these days has to do with his various over-spending scandals, his more lasting impact is likely to be his scorched-earth approach to environmental protections. In an op-ed in The Hill earlier this month, CPR’s Sid Shapiro highlighted one way Pruitt hopes to make an across-the-board, anti-environment impact: By limiting the scope of scientific studies that his agency may consider when developing safeguards.

Under the guise of greater transparency, Pruitt is proposing to restrict the use of studies for which the underlying data is not completely available to the public. That may sound reasonable on its face, but the reality is that plenty of important research and knowledge derives from studies for which some measure of confidentiality is a must. Medical studies typically protect the confidential information of participating patients, for example.

As Shapiro notes,

Tellingly, EPA indicated it might protect the underlying information if it was confidential business data. This means the agency might accept industry-sponsored studies for which the underlying data are not public as long as the corporations that sponsor the studies claim such information is confidential. This would create a transparent double standard that is anti-regulatory in effect: corporate-sponsored "secret science" may be OK, but academic science for which some of the underlying data are not available for legitimate reasons would not be. 

He ...

The Questionable Legal Basis of the EPA 'Transparency' Proposal

by Daniel Farber | April 30, 2018
"They sat at the Agency and said, 'What can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we're going to do so anyway?'" When he said those words, Scott Pruitt was talking about the Obama administration. But it seems to be a pretty accurate description of the "transparency" proposal he issued last week. Everyone agrees that it would be good to increase the public availability of scientific information ...

Is EPA Administrator Scott Pruitt Focused on Getting 'Back to Basics' or Slashing and Burning Our Environmental Protections?

by Brian Gumm | November 06, 2017
In an article just published in the Environmental Law Institute's Environmental Law Reporter, former Environmental Protection Agency (EPA) official Bob Sussman examines the tenure of Administrator Scott Pruitt thus far. I recently talked with Mr. Sussman about Pruitt's so-called "back to basics" approach at EPA, the rollbacks of environmental protections he has overseen so far, and Pruitt's numerous favors for special interests.  EPA Administrator Scott Pruitt has made a big deal out of his "back to basics" mantra at the ...

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