Comment About Letter from 985 Scientists

This comment was  just submitted concerning the EPA’s retrograde proposal.

Comment: Re: Proposal to Limit Use of Scientific Evidence in Rulemakings, 83 Fed. Reg. 18,768 (April 30, 2018) – Docket ID No. EPA-HQ-OA-2018-0259.

We are writing, both as editors of and individually, to provide additional comments on and objections to the proposal to limit the use of scientific evidence in rulemaking proceedings. Indeed, as was pointed out in, inter alia, our letter dated May 24, 2018, the proposal suffers from multiple fatal flaws that require the proposal’s withdrawal.

For example, in the April 23, 2018 letter submitted by 985 scientists and technical experts, the scientists and technical experts say:

“As scientists and technical experts, we urge you to cease any plans to restrict the types of science that the Environmental Protection Agency (EPA) can use in regulatory decisionmaking. EPA can only adequately protect our air and water and keep us safe from harmful chemicals if it takes full advantage of the wealth of scientific research that is available to the agency.”

For your convenience, an electronic copy of the letter is attached and the letter can be found at:

By itself, the attached letter constitutes legally sufficient evidence to compel the conclusion that the proposed rule must be rejected as bad for the environment. In addition, the letter provides more than sufficient evidence that adoption of the proposed rule without careful and public consideration of the letter constitutes arbitrary and capricious action violating the Administrative Procedure Act. Finally, the letter adds to the abundant evidence that the National Environmental Policy Act requires the preparation of a proper Environmental Impact Statement before the regulation can be adopted.


Andrew J. Yamamoto, Esq,., Editor

Scott D. Pinsky, Esq., Environmental Law Editor


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