James Payne
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Acting EPA Administrator James Payne has ousted all members of two of the agency’s most influential science advisory panels, giving President Donald Trump’s administration the opportunity to reshape them with its own appointees.
In an obliquely worded email sent late Tuesday afternoon, Payne said a decision had been made to “reset” the Clean Air Scientific Advisory Committee and Science Advisory Board “to ensure that the agency receives scientific advice consistent with its legal obligations to advance our core mission.”
EPA will seek nominations in the coming weeks, Payne added, with all members encouraged to reapply.
The CASAC provides independent expertise to EPA staff during statutorily required reviews of ambient air quality standards for lead, ozone and four other pollutants; the SAB offers scientific and technical advice on a range of issues.
Payne’s use of the word “reset” echoes language used by then-EPA Administrator Michael Regan, an appointee of former President Joe Biden, when he similarly fired members of both panels in 2021. At the time, EPA said the dismissals were needed to “reverse deficiencies” that took place during Trump’s first term.
...
President Donald Trump has switched in his own choice to lead EPA on an acting basis, rather than stick with former President Joe Biden’s plan.
On Monday, Trump named James Payne as EPA’s acting administrator along with other officials taking charge of agencies and departments across the federal government. Payne will head up EPA until former Rep. Lee Zeldin (R-N.Y.), Trump’s nominee for administrator, is confirmed.
Payne is a career lawyer who has been with EPA since 2016, according to his LinkedIn profile. He is a deputy general counsel and also serves as the designated agency ethics official.
Payne has served elsewhere at EPA, including as regional counsel in Region 6 and acting deputy regional administrator in Region 5. The Dartmouth College and Ohio State University law school graduate has also worked in state government, including at the Ohio Attorney General’s Office, as well as at the Department of Justice’s environment division and the U.S. patent office.
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Reset or Purge? Trump EPA Dismisses Agency Science Advisers - Inside Climate News
Reset or Purge? Trump EPA Dismisses Agency Science Advisers
BY MARIANNE LAVELLE
Critics fear the unusual clean sweep of panels is meant to ease the planned rollback of climate and environmental policy.
All members of the Environmental Protection Agency’s boards of outside advisers on science and clean air were dismissed in a letter emailed late Tuesday, an unusual step the Trump administration said was aimed at depoliticizing the panels.
Panel members expressed disappointment and confusion at the assertion in the letter signed by James Payne, a career EPA attorney Trump installed as acting administrator. Critics charged the Trump administration with politicizing the process by eliminating the current independent advisers and clearing the way for them to be replaced with hand-picked appointees.
“This is not about good governance, this is about rigging the system for polluters; corruption at the expense of the American people,” said Sen. Sheldon Whitehouse of Rhode Island, the ranking Democrat on the Committee on Environment and Public Works.
Similar efforts to remake science advisory panels came during the first Trump administration, with EPA leaders changing the eligibility rules for serving on boards. The result was fewer university researchers on the panels and more industry consultants and scientists who were supportive of Trump’s deregulatory efforts, like University of Alabama in Huntsville atmospheric scientist John Christy, taking seats.
A number of the now-dismissed panel members had two to three years remaining in their terms. It was not immediately clear who would be appointed as replacements on the advisory panels, both of which are required under federal law. Trump’s choice to head up the Environmental Protection Agency, former New York Congressman Lee Zeldin, won Senate confirmation on Wednesday, the day after the dismissals.
An EPA spokesperson said the move was in line with the agency’s purpose.
“EPA is working to update the Science Advisory Board (SAB) and Clean Air Scientific Advisory Committee (CASAC) to ensure that the agency receives scientific advice consistent with its legal obligations to advance our core mission,” the spokesperson said in an email. “The decision to reset these federal advisory committees emphasizes the importance of SAB and CASAC to EPA’s mission of protecting human health and the environment and seeks to reverse the politicization of SAB and CASAC made by the previous Administration.”
The dismissed chairs of both of the boards disputed that characterization.
“I was not appointed as a political appointee, but as a scientist that studies air pollution and health,” said Jeremy Sarnat, a professor at Emory University’s Rollins School of Public Health who had only begun serving as chair of the CASAC in October. He said the Clean Air Act, passed on a bipartisan basis more than 50 years ago and implemented under administrations of both parties, had been “one of the most successful public policies that has ever been enacted globally,” in part because of procedures that require the agency to rely on the best science.
“I know that so many other facets of American life and society have been politicized, and I hope that the CASAC and the advisory boards can remain above that and that the new administrator will adhere to the principles and practices, which have really worked so well for decades,” Sarnat said.
Kimberly Jones, an engineering professor and associate provost at Howard University, who has served as chair of the Science Advisory Board since 2023, said she was disappointed in the administration’s decision.
“It does seem to signal a shift in the decades-old accepted facts about how science should occur,” Jones said. “We should not be writing or interpreting science to meet anybody’s objectives. We should be independent, doing our best job to evaluate the science as scientists. This seems to go counter to that understanding.”
Although EPA’s science advisers are not decision-makers, their advice becomes important when the agency’s policy decisions face legal challenges. EPA’s 2024 decision to strengthen the National Ambient Air Quality Standard for fine particulate matter, for example, was bolstered because it was in line with the advice the agency received from the CASAC. Conversely, weak ozone standards passed during the first Trump administration were successfully challenged in court in 2021, in part because the EPA had received contrary recommendations from outside advisers.
It is not the first time there has been a clean sweep of scientific advisers. Biden’s EPA chief, Michael Regan, installed a new slate at CASAC when he took office in 2021 based on the findings by the GAO and others that the selection process had become compromised.
H. Christopher Frey, an associate dean at North Carolina State University who served as head of EPA’s Office of Research and Development during the Biden administration, said the circumstances are entirely different now. “This is really just a flat-out purge of the current membership,” he said.
Frey said the Trump administration seemed to be following the conservative policy platform Project 2025, which called for “resetting science advisory boards” at EPA.
“The administration seems to be wanting to promote loyalty and compliance with its policy agenda, but that’s not the mission of a science advisory board,” Frey said. “So if that’s the goal, it’s an inappropriate interference in an external, independent expert advisory board, and it’s also just setting more precedent for this to happen every time.”
EPA Administrator Directs Staff to Cease External Communication
Effective January 24, 2025, Acting EPA Administrator James Payne issued a directive instructing all EPA staff to cease communication with external parties as part of an executive order from President Trump.1 While the EPA declined to comment, a source familiar with the directive confirmed a few exceptions to the order:
- EPA staff can continue to communicate with state and federal agencies, but discussions about enforcement issues are prohibited.
- EPA can talk to relevant parties to facilitate imports.
- Agency inspectors are allowed to continue conducting inspections.
According to the source, this directive is designed to give the new Trump political team time to prepare prior to the Senate confirmation vote for Administrator-Designee Lee Zeldin. However, it remains unclear how long this order will be in effect or if additional guidance will be provided by Payne’s office.
How does this affect you?
The Environment and Natural Resources Division, responsible for enforcing the nation’s environmental protection laws, has also been ordered to freeze all activities. This includes halting pending court filings and postponing the filing of new complaints.2 Any pending CERCLA negotiations will also be on hold for an unknown period of time.
Our team will continue to monitor this executive order and provide any relevant updates.
Questions? Please reach out to Greg White or Gary Long.
Sources:
^1 InsideEPA.com. (2025, January 24). Acting EPA administrator directs staff to halt outside communications. https://insideepa.com/daily-news/acting-epa-administrator-directs-staff-halt-outside-communications
^2 Barrett, D., Zraick, K., & Savage, C. (2025, January 27). Trump administration moves swiftly to shake up top career Justice Dept. ranks. The New York Times. https://www.nytimes.com/2025/01/27/us/trump-justice-department-career-ranks.html
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Deputy General Counsel at US Environmental Protection Agency (EPA)
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ExperienceExperience
Guest Instructor
Georgetown University Law CenterGeorgetown University Law CenterJan 2024 - Present · 1 yr 2 mosJan 2024 to Present · 1 yr 2 mosWashington, District of Columbia, United StatesWashington, District of Columbia, United States
- Teach adjunct course on environmental law.Teach adjunct course on environmental law.
- US Environmental Protection Agency
US Environmental Protection AgencyUS Environmental Protection Agency 9 yrs 2 mos9 yrs 2 mos
- Career senior executive overseeing counseling to develop EPA rules that White House found have highest health benefits of any agency rules
- Oversee defense of rules and actions in extensive litigation docket including before US Supreme Court
- Oversee 600 attorneys in Office of General Counsel and 10 Offices of Regional Counsel
- Serve as top ethics official and briefed Congress on ethics
- Top Secret/SCI clearance
- Served in General Counsel role for Supreme Court case when political appointees had recusals
- For Presidential transition, served as Acting General Counsel on Inauguration Day and on executive committee to operate agency until new Administrator confirmed by Senate- Career senior executive overseeing counseling to develop EPA rules that White House found have highest health benefits of any agency rules - Oversee defense of rules and actions in extensive litigation docket including before US Supreme Court - Oversee 600 attorneys in Office of General Counsel and 10 Offices of Regional Counsel - Serve as top ethics official and briefed Congress on ethics - Top Secret/SCI clearance - Served in General Counsel role for Supreme Court case when political appointees had recusals - For Presidential transition, served as Acting General Counsel on Inauguration Day and on executive committee to operate agency until new Administrator confirmed by Senate…see more
- Regional Counsel, Region 6Regional Counsel, Region 6 Jan 2016 - Aug 2019 · 3 yrs 8 mosJan 2016 to Aug 2019 · 3 yrs 8 mosDallas, Texas, United StatesDallas, Texas, United States
- Acting Deputy Regional Administrator, Region 5Acting Deputy Regional Administrator, Region 5 May 2018 - Jan 2019 · 9 mosMay 2018 to Jan 2019 · 9 mosChicago, Illinois, United StatesChicago, Illinois, United States

General CounselGeneral Counsel
White House Office of Science and Technology PolicyWhite House Office of Science and Technology PolicyAug 2023 - Apr 2024 · 9 mosAug 2023 to Apr 2024 · 9 mosWashington, District of Columbia, United StatesWashington, District of Columbia, United States
- Career senior executive authoring White House policies on national security and artificial intelligence- Career senior executive authoring White House policies on national security and artificial intelligence
- Deputy General Counsel
Deputy General CounselDeputy General Counsel
US Patent and Trademark OfficeUS Patent and Trademark OfficeOct 2011 - Jan 2016 · 4 yrs 4 mosOct 2011 to Jan 2016 · 4 yrs 4 mosAlexandria, Virginia, United StatesAlexandria, Virginia, United States
- Career senior executive leading Gold Award team that promulgated 16 patent rulemakings in 18 months to accomplish most significant patent reform in 50 years under 2011 America Invents Act
- Registered patent attorney
- Authored patent bar misconduct decisions, with all 17 upheld in court
- Co-led, with US Federal Circuit Chief Judge, a national patent bar workgroup that opened pro bono patent clinics for each State
- Led 24 attorneys in counseling and litigation, with #1 rank in customer service
- Served on executive team that led agency to #1 rank in Best Places to Work- Career senior executive leading Gold Award team that promulgated 16 patent rulemakings in 18 months to accomplish most significant patent reform in 50 years under 2011 America Invents Act - Registered patent attorney - Authored patent bar misconduct decisions, with all 17 upheld in court - Co-led, with US Federal Circuit Chief Judge, a national patent bar workgroup that opened pro bono patent clinics for each State - Led 24 attorneys in counseling and litigation, with #1 rank in customer service - Served on executive team that led agency to #1 rank in Best Places to Work…see more
- Senior Counsel, Trial Attorney
Senior Counsel, Trial AttorneySenior Counsel, Trial Attorney
US Department of Justice, Environment and Natural Resources DivisionUS Department of Justice, Environment and Natural Resources DivisionMar 1999 - Oct 2011 · 12 yrs 8 mosMar 1999 to Oct 2011 · 12 yrs 8 mosWashington, District of Columbia, United StatesWashington, District of Columbia, United States
- Successfully resolved eight Superfund cases including attaining a 21-party consent decree for Batavia Site ($21 million), and won tribal reservation boundary appeal
- Negotiated resolution to tribal case that Strategic Plan for US Department of Justice (DOJ) called a “model for resolving future disputes among tribes, states, and local governments”
- Led DOJ and agencies in preparing for increased e-discovery in civil and criminal cases: authored DOJ guidelines sent to 60 federal General Counsels; led outreach to help agencies develop legal and IT competency; founded and led interagency lawyers group; and trained 1000 federal attorneys and records/IT officials
- Authored enacted bills on nuclear waste, Federal Evidence Rule 502 and court e-filing, and DOJ views letters to Congress
- Authored Memorandum of Understanding on Environmental Justice signed by 15 cabinet Secretaries and White House, and served as liaison to DOJ Civil Rights Division
- At White House request, led cross-government legal support for responding to Deepwater Horizon and Japan Fukushima incidents, and for an exercise involving a mock nuclear power plant malfunction
- Formed partnership with National Association of Attorneys General (NAAG) to increase state/federal collaboration in environmental litigation: co-authored joint environmental enforcement guidelines, led annual joint senior manager meetings, and led joint wetlands enforcement conference
- Frequent course chair and faculty at DOJ litigation training institute
- Received US Attorney General’s Award for Excellence (highest award) for preparing DOJ and the federal government for e-discovery in civil and criminal litigation, and 8 outstanding attorney awards- Successfully resolved eight Superfund cases including attaining a 21-party consent decree for Batavia Site ($21 million), and won tribal reservation boundary appeal - Negotiated resolution to tribal case that Strategic Plan for US Department of Justice (DOJ) called a “model for resolving future disputes among tribes, states, and local governments” - Led DOJ and agencies in preparing for increased e-discovery in civil and criminal cases: authored DOJ guidelines sent to 60 federal General Counsels; led outreach to help agencies develop legal and IT competency; founded and led interagency lawyers group; and trained 1000 federal attorneys and records/IT officials - Authored enacted bills on nuclear waste, Federal Evidence Rule 502 and court e-filing, and DOJ views letters to Congress - Authored Memorandum of Understanding on Environmental Justice signed by 15 cabinet Secretaries and White House, and served as liaison to DOJ Civil Rights Division - At White House request, led cross-government legal support for responding to Deepwater Horizon and Japan Fukushima incidents, and for an exercise involving a mock nuclear power plant malfunction - Formed partnership with National Association of Attorneys General (NAAG) to increase state/federal collaboration in environmental litigation: co-authored joint environmental enforcement guidelines, led annual joint senior manager meetings, and led joint wetlands enforcement conference - Frequent course chair and faculty at DOJ litigation training institute - Received US Attorney General’s Award for Excellence (highest award) for preparing DOJ and the federal government for e-discovery in civil and criminal litigation, and 8 outstanding attorney awards…see more
EducationEducation
The Ohio State University College of LawThe Ohio State University College of Law J.D.J.D.19841984
- Founder, Ohio State Journal on Dispute Resolution (now an official journal of American Bar Association)
- President, Environmental Law Association- Founder, Ohio State Journal on Dispute Resolution (now an official journal of American Bar Association) - President, Environmental Law Association
- Harvard Kennedy School of Government
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