For the last in today’s series of court opinions, the administration’s efforts to overturn the EPA’s greenhouse gas endangerment finding suffered a setback. To manufacture scientific support for the reversal, the Department of Energy convened a “climate working group.” This group was politically motivated and released a report downplaying the effects of climate change under the guise of scientific research. The group’s methods, communications, and deliberations were all hidden from the public. A federal judge recently found that this violated the Federal Advisory Committee Act (FACA), which requires advisory committees to comply with procedural, open records, and fair balance requirements. The court opinion states:
“The Defendants, in their Opposition and subsequent filings, ignore the allegations relating to the FACA violations themselves. Rather, the Defendants argue only that these claims are moot because the Climate Working Group has been dissolved… The Defendants have not denied, for example, the specific allegations that the Climate Working Group violated FACA’s requirements for establishing and utilizing an Advisory Committee… holding open meetings… providing open records… and maintaining fair balance and influence… These violations are now established as a matter of law.”
After publishing its report, the climate working group dissolved. However, the Court’s ruling did retroactively make electronic communications from the group public. These communications revealed the political nature of the group’s findings. While this decision does not directly impact the EPA’s reversal, it gives potential ammunition to plaintiffs looking to challenge the EPA.
Our members can learn more about ESG litigation here.
If you’re not already a member, sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information compiled without the use of AI.
Practical Guidance for Companies, Curated for Clarity.
