EPA Asks 1st Circ. To Uphold Policy Restricting Advisers

Law360 (October 8, 2019, 3:56 PM EDT) -- The U.S. Environmental Protection Agency has asked the First Circuit to affirm the dismissal of a Massachusetts lawsuit filed by scientists who are challenging the agency's decision to bar advisory committee members from receiving EPA grants.

In a brief filed Monday, the EPA argued that the Administrative Procedure Act bars claims brought by the Union of Concerned Scientists because the decision to change the requirements for science advisory committees is within the EPA's discretion, and the challengers simply don't have grounds to pursue their case in court.

The agency said that while the Federal Advisory Committee Act imposes some procedural requirements...

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