Steve Milloy, E&E Legal’s Senior Policy Fellow, reports on Junkscience.com, that EPA has filed an appellant brief on March 31, 2023. Milloy’s quick summary includes:
1) You can’t sue us; and 2) Even if you could, we can do whatever we want. While that is the standard government agency defense, I doubt that Congress intended for EPA to rig mandatory peer review.
As discussed in a February 28, 2023 post, Milloy said at the time, “Round 2 gets started in the only lawsuit that can derail the Biden EPA’s PM2.5 railroad. Read the opening brief of appellants Stan Young and Tony Cox.”
