In CPR’s recent white paper, Saving Science from Politics, Rena Steinzor, Wendy Wagner and I proposed reforming the Toxic Substances Control Act (TSCA) to strengthen the Act’s “adverse effects” reporting requirements. Under TSCA, registration of a chemical with EPA triggers a continuing obligation on regulated firms to submit to EPA any information they obtain that “reasonably supports the conclusion” that a chemical or mixture they manufacture, import, process, or distribute “presents a substantial risk of injury to health or the environment.” We think that legal standard gives regulated parties too much discretion.
As we explained in Saving Science, DuPont began studying the human health effects of PFOA (perfluorooctanoic acid, a chemical used in manufacturing Teflon) in 1978. By 1981, the company had compiled reports about PFOA in pregnant workers and their offspring, developing “the first direct human evidence of PFOA crossing the placenta in humans,” a startling discovery that greatly increased the risks posed by exposure to even low doses of the chemical. But the first evidence of these studies did not reach EPA for 20 years, and even then, it was not by DuPont’s hand. EPA learned of the studies in 2001, when a West Virginia …
Next year, Congress is all but certain to try to tackle climate change legislation again, and the stakes are higher than ever. Further delay in federal action would only compound the problem. But while Congress has been sitting on its hands for more than a decade, many states have taken action, seeing climate change not only as an environmental threat but also as an economic development opportunity.
Last week, for example, New Jersey Gov. John Corzine released an “energy roadmap” designed to drastically cut the state’s emissions and create 20,000 green jobs between now and 2020. This spring, the Washington State Legislature passed Gov. Christine Gregoire’s “Climate Change and Green Collar Jobs” bill, which will establish a “rigorous planning process for reducing greenhouse gas emissions statewide” and create 25,000 green jobs by 2025.
California, in particular, has led the way. On October 15 …
The battle over bisphenol A (BPA) in plastic baby bottles took another interesting turn today when the FDA’s own scientific advisory panel issued a stinging rebuke of the agency for its determination that the toxic substance is not harmful.
According to the Washington Post, FDA
did not take into consideration scores of studies that have linked bisphenol A (BPA) to prostate cancer, diabetes and other health problems in animals when it completed a draft risk assessment of the chemical last month. The panel said the FDA didn't use enough infant formula samples and didn't adequately account for variations among the samples.
As a result, the report from the panel says, FDA failed to provide “reasonable and appropriate scientific support” for its conclusion. According to a Bloomberg story,
An estimated 93 percent of Americans have traces of bisphenol A in their urine, according to the …
Earlier this month, and after six years of delay, EPA announced that it had decided not to regulate perchlorate, a component of rocket fuel and munitions that has leached into water supplies in various parts of the country, often near military bases. As it happened, the announcement came just a few days before the release of a new study on the subject that demonstrates that EPA’s lack of action may be even more disastrous than environmentalists and children’s health advocates previously thought.
Perchlorate blocks iodine “uptake” to the thyroid gland, thus interfering with the critical role iodine plays in the thyroid’s work, which includes controlling the burning of energy, the body’s sensitivity to hormones, protein production in the body and more. Compromised thyroid function in infants and children can result in behavioral problems and lower I.Q.
The study, released October 17, is …
One recurrent theme of the Bush Administration’s regulatory approach has been the weakening of protective regulations – not just by weakening standards, but by erecting bureaucratic barriers to progress. In mid-August, the U.S. Fish and Wildlife Service (FWS) provided another example of the later approach, proposing changes to rules implementing the Endangered Species Act (ESA)—changes that would result in less protection for the endangered and threatened species the ESA charges the FWS with protecting.
The changes would affect the rules that implement Section 7 of the Act, which requires federal agencies “in consultation with and with the assistance of” FWS and its counterpart wildlife agency, the National Marine Fisheries Service (NMFS), to “insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species . . . or result in the destruction or adverse modification of …
I share Wendy’s concerns but also believe that there is room for optimism, although on different grounds than Rena and John. Much of the debate over the use of science to support regulation of public health and the environment has focused on the most challenging contexts. Toxics regulation, as we all know, rests on relatively weak science that is shot through with difficult judgment calls, making the “science” particularly vulnerable to manipulation. At the same time, a great deal of money is often at stake for those entities subject to regulation, which tends to super-charge interest group tactics and pressure on federal agencies. In their recent book “Bending Science,” Wendy and Tom McGarity describe the many modes of manipulation in all their disturbing glory. One source of hope that I have found is areas of regulation for which the stakes are lower and the science more …
Wendy asks a fair question: if I may rephrase, “If not science, then what?” Of course, this rephrasing is a little hyperbolic. No one suggests that there is no place for science. Indeed, as I mentioned before, it is the foundation of our concerns and provides essential (if limited and often uncertain) information about the causes, effects, and cures of environmental harm. Instead, we need to instill a culture of less science, or more precisely, less reliance on science as determining regulatory decisions. Science should inform decisions as one element of a multi-dimensional problem. The National Academies of Science have repeatedly and eloquently described this role for science, and its advice ought to be better heeded.
The culture of scientific determinism, as Wendy, Don Hornstein, and others have demonstrated, has been generated by a combination of legislative policy, political gridlock, administrative convenience, economic self-interest, technocratic enthusiasm, and …
As the moderator of this blog, I am the designated devil’s advocate. Read together, Rena’s and John’s entries make my assignment easy. Both write upbeat and insightful entries about their preferred approaches for the future, but they reach diametrically opposite conclusions. John suggests that the best solution for the manipulation of regulatory science is to base environmental policy on as little science as possible (or at least to be more self-conscious about whether we really need science to make environmental policy). Rena, by contrast, argues cheerfully that the answer lies in the scientific community. “You have only to look at” the work of a respected EPA Science Advisory Board – the CASAC (Clean Air Science Advisory Committee)” to see how the problems with regulatory science are being solved. “Scientists,” she concludes, “must simply step up to the challenge.”
So – at the big picture level -- who …
Reading Wendy’s rather gloomy assessment of the abuse of science in regulatory decisionmaking – which is to say, in political decisions – and Rena’s more upbeat reply, I find myself asking why we are so tied to science in the first place. If the science is so subject to bias and abuse, why are we relying on it as the basis for policy? Shouldn’t we find alternative, rational grounds for action?
The short answer, of course, is that science discovered the environmental problems in the first place. Science revealed the carcinogenic effects of pesticides and chemicals, and we rely on new, cutting-edge science to tell us whether pesticides and chemicals are endocrine disrupters and whether to worry about nanotechnology. And since science was fundamental to the founding of the field, it made of sense to follow the science as it told us more and more about …
I think Wendy paints far too black a picture of the current state of affairs, and that rays of sunshine are beginning to poke through this particularly cloudy sky. I rest my case for more optimism on the increasingly aggressive role that scientific advisory boards are playing when political appointees at the Environmental Protection Agency play fast and loose with the science.