The Environmental Protection Agency (EPA) has proposed a rule which would prohibit the use of scientific studies to support new regulations unless the studies' underlying data is publicly available for independent validation. The EPA asserts that the rule is necessary for more transparent rulemaking and to restore public confidence in how the agency regulates.
Critics have argued that important public health regulations use confidential data, while industry groups have noted that pesticide registrations rely on confidential business information. The EPA is seeking comment on how to incorporate the proposed rule's transparency requirements into grant decisions and whether exceptions are needed to comply with statutes involving the protection of personal privacy, trade secrets and national and homeland security information.
Although the EPA has allotted 30 days for public comment, several groups have requested additional time.
For further information on this topic please contact Samuel B Boxerman or Jim Wedeking at Sidley Austin LLP by telephone (+1 202 736 8000) or email ([email protected] or [email protected]). The Sidley Austin LLP website can be accessed at www.sidley.com.
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