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February 15, 2019
Lynn L. Bergeson Quoted in Inside EPA Article “Plaintiffs Weigh Appeal After Court Rejects EPA Science Advisor Policy Suit”

On February 15, 2019, Inside EPA featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a suit brought against the Trump EPA's policy barring any recipient of an EPA grant from serving on one of its many scientific advisory committees

McFadden's ruling is not a total victory for EPA, since the agency had argued for dismissal on standing, ripeness and merits grounds. While McFadden dismissed the suit on the merits, he did find for the plaintiffs on standing and ripeness -- and the other judges could as well.

Lynn Bergeson, managing partner of the environmental law firm Bergeson & Campbell, tells Inside EPA that from the plaintiffs' perspective, the “good news is standing was affirmed. The bad news is everything else. To my eye, the ruling on the merits could have been decided differently and whether the pending district court challenges will be similarly decided is unclear.”

See - https://insideepa.com/daily-news/plaintiffs-weigh-appeal-after-court-rejects-epa-science-advisor-policy-suit (subscription required)


 
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