Redacted from article by Steve Milloy
Wall Street Journal
July 17, 2017
The Trump administration in May began the process of replacing the small army of outside science advisers at the Environmental Protection Agency. In June, 38 additional EPA advisers were notified that their appointments would not be renewed in August.
To Mr. Trump’s critics, this is another manifestation of his administration’s “war on science” Histrionics aside, the administration’s actions are long overdue.
The most prominent of the EPA’s myriad boards of outside advisers are the Science Advisory Board and the Clean Air Scientific Advisory Committee, or CASAC. Mostly made up of university professors, these boards also frequently draw members from consulting firms and activist groups.
Only rarely do members have backgrounds in industry. All EPA boards are governed by the Federal Advisory Committee Act, which requires that they be balanced and unbiased.
While the EPA is required by law to convene the SAB and CASAC, the agency is not bound by law to heed their advice. The EPA’s Obama “war on coal” rules and its standards for ground-level ozone are possibly the most expensive EPA rule ever issued and depend on the same scientifically unsupported notion that the fine particles of soot emitted by smokestacks and tailpipes are lethal. The EPA claims that such particles kill hundreds of thousands of Americans annually.
The EPA first considered regulating fine particles in the mid-1990s. But when the agency ran its claims past CASAC in 1996, the board concluded that the scientific evidence did not support the agency’s regulatory conclusion.
Ignoring the panel’s advice, the EPA’s leadership chose to regulate fine particles anyway, and resolved to figure out a way to avoid future troublesome opposition from CASAC.
In 1996 two-thirds of the CASAC panel had no financial connection to the EPA. By the mid-2000s, the agency had entirely flipped the composition of the advisory board so two-thirds of its members were agency grantees. Lo and behold, CASAC suddenly agreed with the EPA’s leadership that fine particulates in outdoor air kill.
During the Obama years, the EPA packed the CASAC panel. Twenty-four of its 26 members are now agency grantees, with some listed as principal investigators on EPA research grants worth more than $220 million.
Although the scientific case against particulate matter has improved since the 1990s, the EPA has tightened its grip on CASAC. In effect, EPA-funded researchers are empowered to review and approve their own work in order to rubber-stamp the EPA’s regulatory agenda. This is all done under the guise independence.
Would-be reformers have so far had no luck changing the culture at these EPA advisory committees. In 2016 the Energy and Environment Legal Institute, where I am a senior fellow, sued the agency. We alleged that the CASAC fine-particulate subcommittee was biased – a clear violation of the Federal Advisory Committee Act.
Congress has also tried to reform the EPA’s science advisory process. During the three most recent Congresses, the House has passed bills to provide explicit conflict-of-interest rules for EPA science advisers, including bans on receiving EPA grants for three years before and after service on an advisory panel. The bills went nowhere in the Senate, where the threat of a Democrat-led filibuster loomed. Had they passed, President Obama surely would have vetoed them.
President Trump and his EPA administrator have ample statutory authority to rectify the problem. As Oklahoma’s attorney general, Scott Pruitt spent years familiarizing himself with the EPA’s unlawful ways. He is in the process of reaffirming the independence of the agency’s science advisory committees.
This won’t mean that committee members can’t have a point of view. But a committee as a whole must be balanced and unbiased. Mr. Pruitt’s goal is the one intended by Congress’s peer review.
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