CRE Comments to
Department of Energy

CRE Submits Comments to DOE on its Proposed Data Quality Guidelines
CRE has provided written comments to the Department of Energy (DOE) on its proposed Data Quality guidelines. CRE's comments commend DOE for specifically adapting the Safe Drinking Water Act (SDWA) risk assessment standards for environmental risk assessments. However, the Center also recommended several changes in DOE's proposed guidelines, for example urging application of the Data Quality guidelines' petition process to rulemakings.

In addition to its letter comments, the Center has attached two papers: (1) a set of CRE Generic Comments to all agencies on their Data Quality guidelines which discuss a variety of important cross-cutting issues; and (2) a Legal Memorandum challenging the OMB's and other agencies' attempts to exempt certain categories of information from the Data Quality Act guidelines' applicability.

CRE Files Notice of Intent to Sue DOE for Violation of the Data Quality Act
CRE filed notice of its intent to sue the Department of Energy (DOE) for violation of its nondiscretionary duty to publish proposed Data Quality Act guidelines for public notice and comment. DOE is the only Cabinet-level agency that has failed to comply with its duties under the Data Quality Act, despite a prior request by CRE for publication of proposed guidelines. DOE's proposed guidelines must be sent to OMB by August 1st, and they must be published in final form by October 1st. Consequently, DOE's inexplicable violation of the statutory deadlines for publishing proposed guidelines has already significantly diminished the public's right to submit meaningful comment. Given CRE's historical involvement in the Data Quality Act, this may be the first in a number of judicial actions that CRE will file. For example, CRE may sue agencies whose Data Quality guidelines do not comply with OMB's government-wide guidelines.