After months of criticism from congress, state attorneys generals, and legal scholars, the National Academies of Science, Engineering, and Medicine has dramatically expanded its of review of the process that allowed climate litigation supporters to write the climate science chapter of the Reference Manual on Scientific Evidence.

The announcement follows a major congressional report that revealed that Michael Burger – Executive Director of the Sabin Center at Columbia University and Of Counsel at Sher Edling – worked “behind the scenes” on the chapter despite receiving direct guidance by the Federal Judicial Center that he should take no part in the process because of his work for climate litigation plaintiffs.

In August, the NASEM removed the chapter and issued a short, generic statement about reviewing the process that led its publication, raising more questions about seriously the organization took the issue.

But now, two months later, Politico reports that NASEM:

“has selected a prominent Washington law firm to lead an independent review of a controversial chapter about climate change in a key judicial manual.”

The decision to hire an outside law firm follows the comments from recently appointed NASEM president Neil Shubin September where he acknowledged serious issues with the process on a podcast:

“But we know the outcome was perceived — and for some, in good reason — as one-sided, because the authors were associated more with the plaintiff’s side than the defense side. That outcome deserves a fresh look.” (emphasis added)

It also comes on the heels of a new report released by the U.S. House Judiciary Committee which revealed that the NASEM recruited Burger to write the chapter, but the Federal Judicial Center decided he should not participate because of his role at the plaintiffs firm Sher Edling.

Yet, despite being told not to participate, Burger still told the chapter’s authors – Jessica Wentz and Radley Horton – that he would assist their work “behind the scenes.”

Further email correspondence from Wentz confirmed Burger took an active role in shaping the chapter.

Bottom Line: It’s clear that the NASEM knows it has a problem on its hands after its president admitted to the influence of litigation supporters and Burger’s “behind the scenes” guidance.

More than ten months after the Reference Manual’s process, the hiring of an outside law firm is acknowledgement the NASEM has some major explaining to do.