"EPA: Critics: Legal Ambush Awaits Pruitt's 'Secret Science' Rule"

"In signing off on a proposed scientific "transparency" rule yesterday, EPA Administrator Scott Pruitt heralded a straightforward goal: to ensure that the data underlying major new regulations are available to the American people.

But the draft rule raises significant questions about how EPA will accomplish that goal, with critics predicting the proposal won't withstand a court challenge if made final in its current form.

For example, the proposal's stated purpose is to guarantee all data and models undergirding studies pivotal to significant new regulations are independently verifiable and 'available to the public.' But it would allow EPA to bypass that requirement for major rulemakings when its administrator decides on a case-by-case basis it's 'impracticable' to do so. Other exemptions could apply to confidential business information and personally identifiable information.

While those waivers could be read as an attempt to address objections surrounding similar legislation, John Walke, clean air director for the Natural Resources Defense Council, said in an interview, 'Congress can do things agencies can't. Congress gave EPA no statutory authority for this proposed rulemaking.'"

Sean Reilly reports for Greenwire April 25, 2018.