09/26/2002
EPA Must Include Documents Adverse to Lead Reporting Rule
The NFIB Legal Foundation today praised the United States District Court for the District of Columbia for ruling that a number of key documents must be included in the case record for NFIB v. Whitman (subsequently consolidated with Ad Hoc Metals Coalition v. Whitman (Civil Action No. 01-09000)).
Following is the statement of Karen Harned, executive director of the NFIB Legal Foundation:
"EPA doesn't get to pick and choose which parts of the administrative record the Court can consider when it reviews the lead reporting rule. We are pleased that the Court will get to review these documents, which demonstrate that this rule was not based on sound science. The lead reporting rule has a tremendous impact on small businesses across the nation and this ruling is a small but significant victory for those businesses. We have a long way to go before these regulations are overturned, but today's ruling is a great first step."
The Foundation is a plaintiff in the case and, along with the Ad Hoc Metals Coalition, filed a motion on November 30, 2001, asking the Court to consider a number of documents, which raised concerns with the science the Environmental Protection Agency (EPA) relied upon to issue new lead reporting regulations.
In an opinion issued today, the Court finds that EPA must supplement the record with several key documents that were "incorrectly omitted from the administrative record." An order accompanying the opinion directs EPA to supplement the record with several documents contained in EPA's own docket for its lead reporting rule, which it omitted in the record it presented to the Court, as well as a General Accounting Office report regarding the rule.
Copies of the ruling are available to media from the NFIB Legal Foundation at 202.554.9000.
The NFIB Legal Foundation is a 501(c)(3) organization created to protect the rights of America's small-business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts. The National Federation of Independent Business (NFIB) represents the consensus views of its 600,000 members in Washington and all 50-state capitals. More information is available at www.nfiblegal.com .
CONTACT: Michelle Dimarob, (202) 554-9000
