EPA Urges DC Circ. To Uphold Adviser Policy Ruling

Law360 (October 29, 2019, 7:52 PM EDT) -- The U.S. Environmental Protection Agency has urged the D.C. Circuit to affirm a district court's dismissal of a challenge to its policy barring members of its scientific advisory committees from serving if they are receiving agency grants. 

The agency on Monday said it has "broad latitude" to determine how committee members are appointed, and that under the Administrative Procedure Act, it can put in place additional ethical policies aimed at enhancing public confidence in the administration.

Accordingly, its policy is not in conflict with the uniform ethical standards issued by the Office of Government Ethics, as the scientific groups had asserted,...

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