Scott Pruitt’s Regulatory Rollback Recipe  

April 16, 2018 | 8:27 am
Vehicle pollution is a major issue for human health and the environment.iStockphoto.com/ssuaphoto
Josh Goldman
Former Contributor

EPA Administrator Scott Pruitt continues to stack the deck in favor of industry interests. At least two members appointed by Pruitt to the EPA Science Advisory Board received funding to conduct misleading research that EPA used to justify reexamining vehicle fuel efficiency standards – a regulation forecast to save consumers over $1 trillion, cut global warming emissions by billions of metric tons, and advance 21st century vehicle technology.

This shameless attempt to use shoddy research that was funded by the oil industry and used by automaker trade groups to overturn a regulation that is based on sound science and widespread public support is a perfect example of how Pruitt intends to rollback regulations at the behest of his industry-tied former donors.

Pruitt’s plan is a simple (though perhaps illegal) five-step recipe. Here’s exactly how he has been cooking up a regulatory repeal (or re-peel) soup of equal parts corruption, paranoia, and apathy.

Step 1: Separate independent science from the record, then discard

Make it exceedingly difficult for academic scientists to join the advisory committees that help your agency set pollution thresholds, compliance deadlines, and cost estimates.  These committees are supposed to represent the viewpoints of both independent scientific experts and industry stakeholders, but you can argue that the composition of these committees is solely at your discretion. So go ahead and kick those academic nerds off the advisory committees and replace them with industry-funded friends.

Step 2: Liberally add industry-funded junk science to your liking

Promote the “studies” of your new industry-funded advisory committee friends. Bonus points if they use junk science to show that health benefits from reducing smog “may not occur,” rising carbon dioxide levels are beneficial to humanity, or that people don’t want more fuel efficient cars and trucks. At the same time, give your employees new talking points on climate change to ensure any public facing communications either cast doubt on the science your agency has previously relied on or doesn’t mention it at all. Ruthlessly reassign or fire any employee who fails to comply.

Step 3: Bake junk science into the record

This step is important. Copy the text from industry-funded studies into your official justification to reevaluate, suspend, or rollback rules that science has already shown to be effective. The fastest and easiest way to do this is to just copy the text verbatim. Don’t worry that the administrative record supporting the original enactment of these regulations is chockfull of academic, peer-reviewed studies and thousands of public comments that demonstrate why these regulations are reasonable, achievable, and necessary. Also ignore trepidation from agency career staff who think you are opening the agency to legal challenges or failing to use sound science to justify your agenda.

Step 4: Set legality setting to uncertain, and wait until lawsuits have settled

Use the vast legal resources at your disposal to make any legal challenges to your efforts take as long as possible, which, in the federal court system, can be a very long time indeed. While the courts struggle with whether you have overstepped your authority, your rollback will remain in place – effectively stymying the impact of the regulation on industry for potentially years.

Step 5: Clean your workspace to eliminate traces of corruption and outrageously bad ethics

Make sure you have the support of your boss as you engage in some light to medium graft and corruption. You will probably need a soundproof “privacy booth” that costs taxpayers close to $43,000, a security detail that costs $3 million and protects against non-existent death threats, and a cheap condo rented from the wife of corporate lobbyist for the fossil fuel and auto industries. Keep public leaks of your missteps to a minimum and refrain from using social media to say anything of value.

Overall, this recipe is a disaster for both independent science, and public health. Help UCS push back against Pruitt’s effort to cook this regulatory rollback soup by checking out our new nationwide mobilization effort called Science Rising. This effort isn’t a one-day march—it is a series of local activities, events, and actions organized by many different groups. Our shared goal is to ensure that science is front-and-center in the decision-making processes that affect us all—and to fight back against efforts that sideline science from its crucial role in our democracy.

Will you join us to keep #ScienceRising?