Pittsburgh Post-Gazette

Judge blocks Trump EPA studies rule

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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.

Former EPA Administra­tor Andrew Wheeler said the Jan. 6 rule was aimed at ending what he and other Republican­s call “secret science.” Some industry and conservati­ve groups had long pushed for the change, saying public health studies that hold confidenti­al and potentiall­y identifyin­g data about test subjects should be made public so the underlying data can be scrutinize­d before the EPA issues rules aimed at protecting public health.

Mr. Wheeler called the rule an attempt to boost transparen­cy about government decision-making, but critics said it was hastily imposed and would threaten patient confidenti­ality and the privacy of individual­s in public health studies that underlie federal regulation­s.

U.S. District Judge Brian Morris in Montana ruled Wednesday that the EPA had unlawfully rushed the regulation, saying its decision to make it final just two weeks before Donald Trump left office was “arbitrary” and “capricious.” Judge Morris delayed the rule until at least Feb. 5, giving the Biden administra­tion time to assess it.

A spokesman said Friday the EPA is “committed to making evidence-based decisions and developing policies and programs that are guided by the best science.”

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