Pruitt's 'Transparency' Rule Would Use Big Tobacco Plan to Gut EPA Science

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Note from the editor: On April 24, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt released a proposed rule that would restrict which scientific studies EPA could use in creating new regulations. The move โ€” already controversial when it was first revealed over a month ago โ€” would prevent EPA from considering studies in which the data is not available to the public, including the private health information of individuals in medical studies, andย which isย based on one-time events, such as the 2010 BP oil spill in the Gulf ofย Mexico.

Prominent climate science deniers were in attendance at the EPA announcement, including Marc Morano, Steve Milloy, and Will Happer.ย 

Byย ClimateDenierRoundup. Originally posted on Daily Kos on Marchย 19.

Onย March 16, E&E reportedย that EPA Admin Scott Pruitt is brewing more plans to further hobble how the EPA uses (or in this case, doesnโ€™t use) science to protect the public. According to E&E, the effort will be similar to the Orwellian-esque HONEST Act that Lamar Smith sponsored a year ago but is stalled in the Senate. Pruittโ€™s idea is to apply a blanket set of new criteria to studies the EPA can cite. The โ€œsound scienceโ€ recommendations are designed to sound reasonable, but in practice would render lots of high quality, relevant researchย off-limits.

Sharon Lerner at The Interceptย wrote last summer that that this โ€œsound scienceโ€ concept โ€” demanding all science used to inform regulations be made publicly accessible โ€” comesย straight from a 1996 memoย from lobbyist/lawyer Chris Horner to tobacco giant R.J. Reynolds. Horner advised the tobacco company that because the EPA was probably going to be looking further into the health impacts of smoking, the agency should โ€œconstruct explicit procedural hurdles [it] must follow in issuing scientificย reports.โ€

Hornerโ€™s memo gives specific attention to the fact that these efforts should target โ€œextra-judicialโ€ documents, meaning those that canโ€™t be ruled on by the courts. In particular, the 1996 memo referenced the agencyโ€™s Science Advisory Board reviews, underpin regulations but arenโ€™t legally bound by the Administrative Procedures Act. He suggested the tobacco industry should be โ€œinitiating reforms by playing a strong role in molding and guiding Congressโ€™s oversight of EPAโ€™s latest Clean Air Act initiative (on PMย 2.5/ozone.)โ€

Lerner explains that along with Chris Horner (whose career has gone from strategizing for tobacco to evade regulation to working on behalf ofย coal companies to harass climate scientists), another major advocate of this push to identify โ€œextra-judicialโ€ approaches is Steve Milloy. Like Horner, Milloy has worked on behalf of both coal and tobacco and is now affiliated with the Energy and Environment Legalย Institute.

Milloy was present at Heritage for Pruittโ€™s announcement earlier this week, per E&E, and told them this will happen โ€œsooner rather than later.โ€ Remember thatย Milloy successfully pushedย to have PM2.5-skeptical industry-friendly researchers installed on the Science Advisoryย Boards.

Pruittโ€™s scheme โ€” which is, of course, stronglyย opposed by scientistsย andย scientific organizations โ€” appears to be twenty years in the making. The ’90s really are back: Pruitt stands ready to turn Big Tobaccoโ€™s 1996 dream into yet another one of 2018โ€™sย nightmares.

While Pruittโ€™s financial connections to the fossil fuel industry have been well-reported, there doesnโ€™t seem to be any clear ties between him and his organizations to big tobacco. But we did find that as Oklahoma Attorney General,ย Pruitt decided not to join a bipartisan group of AGs calling for retailers to stop selling tobaccoย products.

Thereโ€™s really no telling if the industry is giving money toย Pruitt-affiliated groupsย like the fossil fuel industryย has.

But where thereโ€™s smoke, thereโ€™s fire, and be it from a cigarette or a coal plant, itโ€™s not good for publicย health.

Main image: EPA chief Scott Pruitt speaking at CPAC 2018. Credit: Zach D. Roberts forย DeSmog

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