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Science Friday > Archives > 2000 > June > June 2, 2000: 

Hour One: Science in Policy Decisions / Authority of Federal Agencies

Several recent court actions have raised questions about the place of federal agencies designed to protect health and safety, and about just how scientific ideas should be implemented in legislation.
Last week, a federal District Court judge ruled that the US Department of Agriculture had overstepped its bounds in trying to shut down a Texas meat-processing plant for failing salmonella bacteria tests three times. The tests, part of science-based inspection rules known as HACCP (Hazard Analysis and Critical Control Point), use the presence of the salmonella bacteria as a general indication of the plant's cleanliness.

In his ruling, Judge Joe Fish "Because the USDA performance standards and salmonella tests do not necessarily evaluate the conditions of a meat processor's establishment, they cannot serve as the basis for finding a plant's meat adulterated. Indeed, a plant could, in theory, be completely sanitized from top to bottom, but if the meat in it tests positive for salmonella, the USDA could withdraw its inspectors, effectively closing a plant that is sanitary."

Also last week, the Supreme Court announced that it would hear an appeal of a case regarding the EPA's implementation of the Clean Air Act. The text of the Clean Air Act says that says that the EPA must set each standard at the level "requisite to protect the public health" with an "adequate margin of safety." In a district court opinion, two members of a three-judge panel ruled last year that the EPA had interpreted those parts of the Clean Air Act "so loosely as to render them unconstitutional delegations of legislative power."

It's a difficult problem for legislators. How much flexibility should they give regulatory agencies in determining what standards to set? Who should be interpreting science that potentially will have an effect on the public health and safety -- legislators and their staffs, or the employees of regulatory agencies such as the FDA, USDA, and EPA? And how should science that may become part of public policies be judged?

Join Ira Flatow and guests in this hour of Science Friday for a look at the role of science in developing government regulations, and the role of regulatory agencies in the overall balance of political power.

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Guests:
David Faigman
Author, "Legal Alchemy: The Use and Misuse of Science in the Law"
Professor of Law
University of California Hastings College of Law
San Francisco, California

Wendy Wagner
Professor of Law
Case Western Reserve University School of Law
Cleveland, Ohio

Alan Raul
Partner
Sidley & Austin
Washington, D.C.

Gary Guzy
General Counsel
Environmental Protection Agency
Washington, DC

Books/Articles Discussed:

 "Legal Alchemy : The Use and Misuse of Science in the Law" by David Faigman. W H Freeman and Co, 1999.

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Related Links:

U.S. Judicial Branch Resources
The Federal Judiciary Homepage: News and information about the Federal Courts
Constitutional Issues: Separation of Powers
Clean Air Act and Its Amendments
House Subcommittee testimony on EPA's Authority
CATO Institute Article on EPA's Authority
Junkscience.com
 
FDA/CFSAN HACCP--Hazard Analysis and Critical Control Point

Produced By: Karin Vergoth
Web Producer: Charles Bergquist

 

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