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Judge throws out Trump rule limiting what science EPA can use

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A federal judge on Monday vacated the Trump administration rule limiting which scientific studies the Environmental Protection Agency can use in crafting public health protections, overturning one of the last major actions taken by the agency before President Biden took office.

The ruling by Judge Brian Morris, chief judge for the U.S. District Court for the District of Montana, Great Falls, marked a victory for environmental groups and public health advocates. Just two weeks before Biden’s inauguration, EPA finalized a rule requiring researchers to disclose the raw data involved in their public health studies before the agency could rely upon their conclusions.

The rule, which was made effective immediately, would assign less weight to studies built on medical histories and other confidential data from human subjects where the underlying information was not revealed. That sort of research — including dose-response studies, which evaluate how much a person’s exposure to a substance increases the risk of harm — have been used for decades to justify EPA regulations.

Trump officials, including then-EPA administrator Andrew Wheeler, argued that the new rule would provide the public with greater insight into the scientific basis for new regulations.

But critics argued that the Trump administration aimed to impede or block access to the best available science, weakening the government’s ability to create new protections against pollution, pesticides, and possibly even the coronavirus. ...

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