The Obama Administration’s newly released science policy memo is an important and largely positive development in the effort to protect science and scientists from politics. In particular, the policy takes aim at many of the abuses of science and scientists that defined the Bush era. It’s particularly encouraging, for example, that the policy calls on political appointees to take a hands-off approach to science.
That said, in several areas, the policy could have, and should have, gone farther. The tension between science and politics predates the Bush Administration, and systemic reforms are long overdue. The Obama Administration science policy memo was an opportunity to address these issues, but it focused instead on fixing problems primarily from the Bush Administration.
The memo, issued by John Holdren, Director of the White House Office of Science and Technology Policy (OSTP), does not address the permissive approach many agencies have used in their reliance on privately produced science to formulate federal regulations. Private science, generally produced by regulated parties, often involves an inherent conflict of interest. Public access to underlying data and methods of privately produced science is also limited and can sometimes be completely unavailable. Yet the memo focuses on the science produced within the agencies, and not the science that agencies use more generally to develop regulations. Since private science is often the primary if not the exclusive basis for federal rulemakings in many important legislative areas, the memo avoids tackling a serious, systemic problem in the agencies’ use of science that should have at least been acknowledged, if not addressed. Ironically, in fact, the memo implies that government science lacks full credibility and adequate peer review, despite the fact that government science has strong safeguards in these areas, compared to private science.
The provisions on federal advisory committees take some important steps forward. They rightly call on agencies to require disclosure of conflicts of interest waivers for committee members, to ensure a properly balanced diversity of members of the committees, and to emphasize the need for appropriate qualifications for members. But the document doesn't give precise suggestions on what a “fairly balanced” committee membership "with respect to the functions to be performed by the FAC” would entail. The memo also seems to studiously avoid clarifying what constitutes a “conflict of interest” and when and whether such a conflict should limit a scientists’ membership on a scientific FAC. This leaves ambiguity that could be abused.
Finally, the memo misses an opportunity to direct OMB to steer clear of scientific matters beyond its areas of expertise. Currently, OMB reviews plainly scientific issues such as EPA’s IRIS profiles of particular chemicals. That should stop, and this policy could have been used to stop it.
On the whole, however, the new policy is an important step forward. Hopefully it will be followed by many more positive directives on science policy in the not too distant future.
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Wendy Wagner | December 17, 2010
The Obama Administration’s newly released science policy memo is an important and largely positive development in the effort to protect science and scientists from politics. In particular, the policy takes aim at many of the abuses of science and scientists that defined the Bush era. It’s particularly encouraging, for example, that the policy calls on political appointees […]
Daniel Farber | December 15, 2010
Cross-posted from Legal Planet. I thought it might be interesting to see the general trajectory of CERCLA litigation over the years. The figures for reported court decisions are readily available on Westlaw. (I searched for CERCLA or Superfund by year.) Part of the trajectory makes sense, but part is puzzling. There’s a clear pattern up […]
Sidney A. Shapiro | December 14, 2010
A particularly revealing story in The Washington Post this weekend reported on a sordid tale of regulatory failure that may have helped contribute to this spring and summer’s outbreak of outbreak of egg-borne salmonella that sickened more than 1,900 people and led to the largest recall of eggs in U.S. history. In an agonizing case of […]
Amy Sinden | December 14, 2010
A federal appeals court’s decision on Friday refusing to block implementation of EPA’s first limits on carbon pollution from cars, power plants, and factories is good news for inhabitants of planet Earth. A coalition of industry groups, right wing think tanks, and the state of Texas had asked the court to grant a stay blocking EPA’s […]
Daniel Farber | December 13, 2010
Cross-posted from Legal Planet. On Friday the D.C. Circuit rejected efforts to stay EPA’s pending greenhouse gas regulations until the court decides the merits of the appeals. It could well take a year or more for the merits to be decided, so in the meantime EPA can move forward. The court order does not indicate […]
Dan Rohlf | December 7, 2010
Apparently feeling their oats after the Republicans captured control of the U.S. House in November’s elections, several GOP representatives from western states are already galloping out of the gates to attempt to roll back species protections in the West. They’ve initially set their sights on gray wolves in the Northern Rocky Mountains, which were returned […]
Alice Kaswan | December 6, 2010
The environmental blogosphere is already abuzz over the Supreme Court’s grant of certiorari in AEP v. Connecticut. The case is of critical importance in determining whether the courts have a role to play in adjudicating climate change. Few believe that the courts are a good venue for developing climate policy. But for the foreseeable future, the question is […]
Douglas Kysar | December 6, 2010
The Supreme Court this morning granted certiorari in the case of American Electric Power Co. v. Connecticut, a common law nuisance suit seeking an order compelling large electric utility companies to reduce their contributions to global climate change. At issue will be a variety of doctrines – such as standing and political question – that nominally […]
Ben Somberg | December 6, 2010
With the 40th anniversary of EPA last week, there’s been some useful writing on the big picture of the history. I wanted to highlight: Steve Cochran at EDF has the first in a series on the Clean Air Act and its record of protecting us from pollutants. Post one: the acid rain program. Ruth Greenspan Bell […]