ELR Citation: 50 ELR 20038
No(s). 19cv5174 (DLC) (S.D.N.Y. Feb 10, 2020) (Cote, J.)

A district court held that a 2017 EPA directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees was arbitrary and capricious. An environmental group argued, among other things, that the directive failed to provide a reasoned explanation for changing Agency policy on advisory committee memberships. EPA moved to dismiss for lack of subject matter jurisdiction. The court found that the Agency failed to overcome the strong presumption that Congress had not intended to prohibit all judicial review of EPA's decisions concerning the composition of its advisory committees. Further, it found that the directive was a departure from previous EPA policy, which meant the Agency was required to provide a reasoned explanation for why its prior policy was no longer deemed sufficient and the new directive was preferred. It therefore denied EPA's motion to dismiss and granted the group's cross-motion for summary judgment.