EPA’s Supplemental “Transparency in Regulatory Science” Rule Likely to Restrict the Use of Scientific Studies in Determining Pivotal Environmental Actions

The U.S. Environmental Protection Agency (EPA) is planning to publish a supplemental proposed rule that would expand the applicability of a preexisting proposed rule from 2018 impacting how environmental regulations come about.  The supplemental proposal would require underlying data in scientific studies used in the promulgation of significant regulatory actions be publicly available—underlying data that’s often confidential, proprietary, and may contain private personal information subject to confidentiality agreements.  As reported by the New York Times, this rulemaking action would supplement the April 2018 proposed rule entitled “Strengthening Transparency in
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