What Happens if the EPA Violated Administrative Law?
Unlike annual reports, the Obama EPA's endangerment finding is a policy act. As such, EPA is required to make public those agency documents that pertain to the decision, to allow for public comment. Court rulings say rulemaking records must include both "the evidence relied upon and the evidence discarded." In refusing to allow Mr. Carlin's study to be circulated, the agency essentially hid it from the docket.
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