Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

    • Environmental Topics
    • Air
    • Bed Bugs
    • Chemicals and Toxics
    • Climate Change
    • Emergency Response
    • Environmental Information by Location
    • Environmental Justice
    • Greener Living
    • Health
    • Land, Waste, and Cleanup
    • Lead
    • Mold
    • Pesticides
    • Radon
    • Science Topics
    • Water Topics
    • A-Z Topic Index
    • Laws & Regulations
    • By Business Sector
    • By Topic
    • Compliance
    • Enforcement
    • Guidance
    • Laws and Executive Orders
    • Regulations
    • Report a Violation
    • Environmental Violations
    • Fraud, Waste or Abuse
    • About EPA
    • EPA Administrator
    • Organization Chart
    • Staff Directory
    • Planning, Budget, and Results
    • Jobs and Internships
    • Headquarters Offices
    • Regional Offices
    • Lab and Research Centers
News Releases:
  • Headquarters
  • Headquarters | General Counsel (OGC)
Contact Us

EPA Will Not Appeal Adverse SDNY Decision Regarding October 31, 2017 Federal Advisory Committee Directive

June 24, 2020

Contact Information
EPA Press Office (press@epa.gov )

WASHINGTON (June 24, 2020) — The U.S. Environmental Protection Agency (EPA) will not appeal a recent decision of the U.S. District Court for the Southern District of New York (SDNY) vacating and remanding Section 1 of the Agency’s October 31, 2017 directive entitled “Strengthening and Improving Membership on EPA Federal Advisory Committees.”

The court’s decision does not prevent future actions by EPA to regulate the composition of its advisory committees, including policies or regulations governing the participation of committee members who receive grants from EPA. Nor does it call into question EPA’s responsibility to ensure the independence of its committee members or its authority to reverse past policies when supported by a reasoned explanation.

The decision not to appeal the SDNY judgment was made in light of a related decision by the U.S. Court of Appeals for the District of Columbia Circuit issued in April. Based on that subsequent decision, EPA has determined that any blanket prohibition on the participation of EPA grant recipients as special government employees in EPA advisory committees should be promulgated as a supplemental ethics regulation with the concurrence of the Office of Government Ethics.

Because EPA has not promulgated such a regulation, the Agency will continue to follow the relevant policies as they existed before issuance of the 2017 Directive.

Foregoing an appeal of the SDNY decision has no effect on the current composition of the Agency’s federal advisory committees. The court and the plaintiffs agreed that vacating the Directive “would not require the EPA to reopen the composition of any advisory committees.”

Background

Section 1 of the Directive articulated a “requirement that no member of an EPA federal advisory committee be currently in receipt of EPA grant funds.”

Contact Us to ask a question, provide feedback, or report a problem.
Last updated on June 24, 2020
United States Environmental Protection Agency

Discover.

  • Accessibility
  • Budget & Performance
  • Contracting
  • EPA www Web Snapshot
  • Grants
  • No FEAR Act Data
  • Plain Writing
  • Privacy
  • Privacy and Security Notice

Connect.

  • Data.gov
  • Inspector General
  • Jobs
  • Newsroom
  • Open Government
  • Regulations.gov
  • Subscribe
  • USA.gov
  • White House

Ask.

  • Contact EPA
  • EPA Disclaimers
  • Hotlines
  • FOIA Requests
  • Frequent Questions

Follow.