A federal judge has blocked a last-minute rule issued by the Trump administration to limit what evidence the Environmental Protection Agency may consider as it regulates pollutants to protect public health.
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U.S. District Judge Brian Morris in Montana ruled late Wednesday that the EPA had unlawfully rushed the regulation, saying its decision to make it final just two weeks before then-President Donald Trump left office was “arbitrary” and “capricious.” Morris delayed the rule until at least Feb. 5, giving the new Biden administration time to assess whether to go forward with it or make changes.
An EPA spokesman said Friday the agency is “committed to making evidence-based decisions and developing policies and programs that are guided by the best science.″
EPA “will follow the science and law in accordance with the Biden-Harris administration’s executive orders and other directives in reviewing all of the agency’s actions issued under the previous administration,″ including the so-called Strengthening Transparency in Pivotal Science rule, spokesman Ken Labbe said in a statement.
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(T)he change was so broadly written that it could limit not only future public health protections, but also “force the agency to revoke decades of clean air protections,” said Chris Zarba, former head of the EPA’s Science Advisory Board.
He and other critics said the rule jeopardized use of public health studies, such as Harvard’s 1990s Six Cities study, which drew on anonymized, confidential health data from thousands of people to better establish links between air pollution and higher mortality. The studies have been instrumental in crafting health and environmental rules for decades. The Six Cities study led to new limits on air pollutants under the Clean Air Act.
Ben Levitan, an attorney for the Environmental Defense Fund, which challenged the Trump rule in court, said the rule’s purpose was not to promote transparency, as Wheeler and other officials argued.
“Its purpose and effect is to disregard and devalue the harm pollutants and toxics cause, and therefore deprive the public of needed protection based on those studies,″ Levitan said Friday.