February 4, 2021

04 February 2021

Trump Administration’s Science Transparency Rule Vacated

On Monday, February 1, the U.S. District Court for the District of Montana vacated the Trump administration’s Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information rule. Published on January 5 and effective immediately, the rule established procedures for how the Environmental Protection Agency (EPA) would consider dose-response data underlying science used in its significant regulatory actions and influential scientific information. Opponents challenged the rule, arguing it would “cripple the Environmental Protection Agency’s ability to protect public health and the environment by fundamentally transforming the ways in which the agency may consider and rely on scientific evidence.” The vacatur follows a January 27 order suspending the rule because the court found EPA failed to justify why it made the rule effective immediately and questioned “whether EPA retains any legal basis to promulgate the Final Rule.” Following the order, EPA moved to vacate the rule, arguing that the previous administration lacked authority to issue it.