(COURTHOUSE NEWS) -- BOSTON – Despite several judges raising their voices in frustration with the government’s arguments, the First Circuit signaled Tuesday that its hands are tied when it comes to an order that purged scores of academic and nonprofit scientists from EPA advisory committees.
“You’d like to think that the EPA gave some thought to the effects of its actions, but this was just a fiat,” complained U.S. Circuit Judge William Kayatta Jr., an Obama appointee. Kayatta described the agency’s attitude as: “well, we’re the EPA, and you’re not.”
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But the judges took issue as well with the lack of specificity in the case record about the practical effects of the order, and neither side could answer a number of specific questions.