Regulatory Transparency ‘Victory'

April 18, 2001

A federal court ruling requiring the publication for public comment of an agency consent decree is a victory for regulatory transparency and stakeholder involvement, according to the American Crop Protection Association. Last Friday, Judge Charles Legge of the Northern District Court in California granted ACPA's motion to have the Jan.19 proposed consent decree between the Environmental Protection Agency and the Natural Resources Defense Council published on EPA's web site.

The lawsuit originally was brought by the NRDC against the EPA about deadlines for pesticide reassessments under the 1996 Food Quality Protection Act. Under Judge Legge's ruling, affected stakeholders will have until May 14 to provide comments to EPA, which then will be forwarded to the court. A hearing on the proposed consent decree has been scheduled for June 14.

"The subject of the settlement is a matter of considerable public interest," said Judge Legge in his opinion. He stated that the settlement between NRDC and EPA was negotiated in a very short time, "without an opportunity for meaningful comment by even the interested parties who have already appeared in this case." The court concluded that an opportunity for public comment would be required "for the benefit of EPA" as well as the court.

"We appreciate the efforts (New Jersey) Governor (Christine) Whitman ( now Environmental Protection Agency administrator) has made to temper the 11th hour maneuver by the prior administration," said Doug Nelson, ACPA senior vice president and general counsel. "This ruling means that the public's voice will be heard and EPA will finally get the benefit of comments from all stakeholders."

In contrast, Nelson says, the Jan.19 lawsuit settlement was a private deal, crafted entirely behind closed doors in the waning days of the Clinton Administration and which excluded the other parties to the original litigation, including ACPA and the American Farm Bureau Federation.