ELR Citation: 49 ELR 20027
No(s). 1:17-cv-02742 (D.D.C. Feb 12, 2019) (McFadden, J.)

A district court granted EPA's motion to dismiss a challenge by scientific advocacy groups to the Agency's directive barring recipients of EPA grants from serving on any of the Agency's advisory committees. The groups argued that the directive diminished EPA's ability to make science-based decisions by frustrating the statutory direction to recruit the most qualified scientists and make subject matter expertise the principal factor in determining membership. But the court found that evaluating the relative qualifications of potential committee members was exactly the kind of discretionary decisionmaking that was precluded from judicial review and that the Agency reasonably exercised discretion in adopting the new policy. The groups also argued the directive reflected a policy shift that EPA failed to adequately explain. But the court found the Agency sufficiently explained its change in policy through the directive and accompanying memorandum. It therefore granted EPA's motion to dismiss.