U.S. Court Says Energy Department Broke Law Forming Climate Advisory Group

A U.S. federal court has ruled that the Department of Energy acted unlawfully in creating a climate science advisory panel, a decision that could jeopardize a pending effort to roll back a major climate regulation. The U.S. District Court for the District of Massachusetts found that the Trump administration’s Climate Working Group — reportedly made up of five climate change skeptics — did not comply with federal rules governing advisory committees, including requirements for transparency and public access.

The lawsuit was brought by the Environmental Defense Fund and the Union of Concerned Scientists, which argued the panel was convened without proper public notice or meetings. They contend the group’s report was used to inform the Environmental Protection Agency’s proposed move to repeal the “endangerment finding,” the legal basis for many U.S. climate regulations. The report was released on July 29, the same day the EPA formally proposed rescinding the finding, but the working group’s existence had not been publicly disclosed at that time.

An Energy Department spokesperson said critics were attempting to silence scientists who believe climate science remains unsettled, adding that the report remains part of the public record. Environmental advocates, however, say the court’s decision makes clear the administration violated federal law by secretly assembling a panel to produce what they describe as a biased report. The proposed repeal of the endangerment finding is currently under final review at the White House after initially being expected late last year.

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