by Stephen Lee
Bloomberg Law

The Biden administration faces few easy answers in trying to undo a science transparency rule from the EPA that fundamentally changes how the agency approaches scientific studies.

The Strengthening Transparency in Regulatory Science (RIN:2080-AA14) rule, published Wednesday, limits the scientific studies the Environmental Protection Agency can use to guide regulations, restricting the use of research that can’t be reproduced or is based on underlying data that isn’t public…

To Steve Milloy, one of the architects of the rule and a former member of President Donald Trump’s EPA transition team, launching a new regulation isn’t necessary because the rule is “just internal agency guidance. It’s not really a regulation. This rule does not compel EPA to do anything.”

Both Milloy and EPA Administrator Andrew Wheeler, who announced the rule on Tuesday, stressed it doesn’t preclude the agency from using pivotal studies if the underlying information isn’t publicly available, as long as an explanation is provided.

“If [the Biden administration] feels it’s necessary to dot the I’s and cross the T’s, they can do that, but I don’t see the need for it,” Milloy said. “The EPA administrator retains total discretion over everything. So why sweat it?”

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