Thursday, March 29, 2012

The EPA's Unreliable Science

United States Environmental Protection Agency (EPA) research on human heath effects of air pollution consistently violates the rules of  science and is not admissible in a federal court under the rules of Daubert v. Merrell Dow 509 U.S. 579 (1993).  In a previous essay, we discussed the criticisms of EPA policy making and science by Congressman Barton, and here we will discuss how the case of Daubert provides the legal basis for challenging inappropriate and unreliable EPA human effects on public health science. 
The whole EPA Air Pollution Regulatory Regime impacting industries and business and energy on small particles, ozone, ozone precursors, mercury, lead, and other air pollutants is a scientific lie, inadmissible when properly challenged in a federal court.  The problem is data-torturing, which produces weak associations that don't prove anything.   
The  Daubert majority opinion, written by Justice Blackmun, discarded the old rule of "generally accepted" for scientific testimony and evidence, from the 1923 case of Frye v. United States 293 F. 1013 (D.C. Cir. 1923) and adopted new, more rigorous tests for admissibility of science testimony and evidence, under Federal Rules of Evidence (1975). 

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