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Court Grants EPA's Motion to Vacate and Remand Final Rule on "Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information" | Bergeson & Campbell, P.C.

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On February 1, 2021, the U.S. District Court for the District of Montana granted the U.S. Environmental Protection Agency’s (EPA) January 31, 2021, unopposed motion to vacate and remand its January 6, 2021, final rule on “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information” (86 Fed. Reg. 469).
EDF v. EPA, No. 4:21-cv-03-BMM. On January 11, 2021, the Environmental Defense Fund (EDF), Montana Environmental Information Center (MEIC), and Citizens for Clean Energy (CCE) filed suit against EPA, claiming that the January 6, 2021, final rule was unlawful and that EPA’s decision to make the final rule effective on publication was unlawful. On January 27, 2021, the court granted summary judgment to the plaintiffs, finding that EPA did not provide good cause to exempt the final rule from the Administrative Procedure Act’s (APA) 30-d ....

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Victory in the War on Science: Judge scraps Trump's Orwellian anti-science rule for EPA

Judge Brian Morris, chief judge for the U.S. District Court for the District of Montana, Great Falls, vacated the rule at the request of the Biden administration, overturning one of former President Donald Trump’s last actions taken prior to leaving office.
“It took a federal court just days to reject the Trump EPA’s obvious lawbreaking,” Vijay Limaye, a climate and health scientist at the Natural Resources Defense Council (NRDC), said in a statement. “This is a major victory for people’s health.”
“Science matters again,” said Limaye, “and it will again guide how to best protect people from dangerous pollution and toxic chemicals.” ....

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The latest Trump EPA rule to get tossed? The "secret science" ban

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This post originally appeared on Grist. Grist is a nonprofit news agency working toward a planet that doesn t burn and a future that doesn t suck. Sign up to receive Grist s top stories in your inbox.
Former President Donald Trump will forever leave his mark on the federal government, but some of his administration s rules aren t standing the test of time. President Biden wants to reconsider and possibly scrap more than 100 anti-environmental actions his predecessor took during his term, including Trump s efforts to weaken protections for migratory birds and gray wolves and loosen regulations on pesticides, oil and gas drilling, and appliances. That could take years, but the process has already begun. And Biden is getting an assist from courts. ....

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Death of EPA's controversial 'censored science' rule delights researchers | Science

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A federal judge rejected arguments made by Andrew Wheeler, former head of the Environmental Protection Agency, that a new rule limiting the agency’s use of scientific evidence was just a “housekeeping” measure.
Kevin Dietsch/Pool via AP
Death of EPA’s controversial ‘censored science’ rule delights researchers
Feb. 3, 2021 , 11:00 AM
Science and environmental groups are celebrating triumph in their nearly decadelong battle against efforts to limit the kinds of scientific evidence that the Environmental Protection Agency (EPA) can use in writing new regulations.
A federal judge this week killed a controversial rule, issued late in former President Donald Trump’s administration, that would have allowed EPA to ignore or downplay data from human health studies resting on confidential medical information that is difficult to make public. The agency has long relied on such nonpublic data in developing new regulations to limit air and wa ....

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Court Grants EPA's Motion to Vacate Final Rule on Strengthening Transparency

February 1, 2021, the District of Montana granted the US Environmental Protection Agency’s EPA motion to vacate and remand the final rule on Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information ....

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