But the flaws weren’t limited to scientific deficiencies. Two advocacy organizations, the Environmental Defense Fund and Union of Concerned Scientists, sued, alleging that the Climate Working Group violated various provisions of the Federal Advisory Committee Act. This requires that any groups formed to provide the government with advice must be fairly balanced and keep records that are open to the public. The Climate Working Group, by contrast, operated in secret; in fact, emails obtained during the trial showed that its members were advised to use private emails to limit public scrutiny of their communications.
In response, the DOE dissolved the Climate Working Group in order to claim that the legal issues were moot, as the advisory committee at issue in the suit no longer existed.
No defense
In court, the government initially argued that the Federal Advisory Committee Act didn’t apply, claiming that the Climate Working Group was simply organized to provide information to the government. Based on Friday’s ruling, however, once the court tried to consider that issue, the government shifted to simply arguing that the Climate Working Group no longer existed, so none of this mattered. “The Defendants, in their Opposition and subsequent filings, ignore the allegations relating to the [Federal Advisory Committee Act] violations themselves,” the judge states. “Rather, the Defendants argue only that these claims are moot because the Climate Working Group has been dissolved.”
So, the court was left with little more than the accusations that the Climate Working Group had a membership with biased opinions, failed to hold open meetings, and did not keep public records. Given the lack of opposing arguments, “These violations are now established as a matter of law.”
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