U.S. Senators Vote To Block EPA’s Use Of ‘Secret Science’

Posted: April 29, 2015 by tallbloke in Accountability, alarmism, data
Tags: ,

warming-coolingH/T to GwPF’s Benny Peiser

The Hill, 28 April 2015

Timothy Cama

A Senate committee voted Tuesday to prohibit the Environmental Protection Agency (EPA) from using ‘secret science’ to back its regulations.

The vote in the Senate Environment and Public Works Committee came after the GOP-controlled House repeatedly approved the bill. It previous was stalled in the Democratic-majority Senate.

Under the measure, which President Obama has threatened to veto if the Senate passes it, the EPA would only be allowed to use scientific studies whose detailed results are posted publicly online.

“EPA has a long history of relying on science that was not created by the agency itself. This often means that the science is not available to the public, and therefore cannot be reproduced and verified,” Sen. John Barrasso (R-Wyo.), the bill’s sponsor, said at a committee hearing.

“What this bill is trying to accomplish is to make sure that we strengthen the scientific information the EPA uses to make regulations, guidance and assessments,” he continued.

But Democrats said the bill would unnecessary cut in half the studies that the EPA can use, because research is often uses proprietary, health-related or otherwise restricted data.

“This bill would force them to use whatever science was available after legal challenges generate from the broad language of this legislation,” said Sen. Ed Markey (D-Mass.)

Full post

Comments
  1. oldbrew says:

    Secret data allows EPA to cherry-pick anything that suits its purpose, regardless of whether there is alternative research pointing to a different conclusion or opposing the one selected by EPA.

    Elected representatives of the people are thus kept in the dark.

  2. craigm350 says:

    “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.

    James Madison

    The Federalist No. 47: The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts

    New York Packet

    January 30, 1788

    “It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their respective Constitutional spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power; by dividing and distributing it into different depositories, and constituting each the Guardian of the Public Weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield.”

    George Washington

    Washington’s Farewell Address

    1796

    http://www.intellectualtakeout.org/content/american-founding-and-19th-century-quotes-checks-and-balances

  3. tchannon says:

    Serious typo by someone or wrong footed.

    Bolded an inversion in the external quote.

    “EPA has a long history of relying on science that was not created by the agency itself. This often means that the science is not available to the public, and therefore cannot be reproduced and verified,” Sen. John Barrasso (R-Wyo.), the bill’s sponsor, said at a committee hearing.

  4. tchannon says: April 29, 2015 at 5:48 pm

    “Serious typo by someone or wrong footed. Bolded an inversion in the external quote.”

    (“EPA has a long history of relying on science that was not created by the agency itself. This often means that the science is not available to the public, and therefore cannot be reproduced and verified,” Sen. John Barrasso (R-Wyo.), the bill’s sponsor, said at a committee hearing.)

    What did the R-Sen actually say? Is the “scien-terrific” data public or not?

  5. J Martin says:

    Presumably the legislature doesn’t have the majority necessary to prevent Obama from exercising the veto. It is, was a sensible bill.

  6. craigm350 says:

    Not that it clarifies much but Sen Barrasso has this on his blog

    April 28, 2015Senate Advances Bill to Ensure Open EPA ScienceSenate EPW Committee passed Secret Science Reform Act

    WASHINGTON D.C. – Today, U.S. Senators John Barrasso (R-WY) and David Vitter (R-LA) praised the Senate Environment and Public Works (EPW) Committee for passing the Secret Science Reform Act Barrasso, Vitter and EPW Committee Chairman Jim Inhofe (R-OK) introduced the bill in February to ensure future Environmental Protection Agency (EPA) regulations are based on the best available science. Similar legislation passed the House in the 113th Congress with bipartisan support.

    “As a doctor, I know that the best data and research are thoroughly tested, reproducible and publicly available,” said Barrasso. “Today the Committee voted to require the EPA to give Americans direct access to the science used to justify regulations that impact everything from jobs to our environment. Our bill will give Americans more confidence that the EPA’s policies will deliver the environmental and public health benefits that the agency has promised.”

    “EPA has a bad habit of using ‘secret science’ to justify their needless and job destroying regulations, which is why passing this legislation is so important,”said Vitter. “Moving forward with this legislation will hold EPA accountable to using the best available science in an open, transparent manner – which is one step closer to how the federal government should run.”

    Background:

    The White House has previously voiced support for regulatory transparency and making scientific and technical information accessible. In accordance with White House recommendations, the Secret Science Reform Act addresses these issues while also protecting personal and confidential information. This common-sense approach to regulatory science is consistent with the data access requirements of major scientific journals and the promises of this administration.

    The Secret Science Reform Act would prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or not reproducible.

    More specifically, the legislation requires that:

    1)      The EPA Administrator shall not propose, finalize, or disseminate a covered action unless all scientific and technical information relied on to support the covered action is-

    a)      specifically identified and

    b)      publicly available in a manner that is sufficient for independent analysis and substantial reproduction of research results

    2)      There be no public dissemination of information that is prohibited by law.

    In addition to Senators Barrasso, Vitter, and Inhofe, Senators Mike Crapo (R-ID), Mike Enzi (R-WY), Jeff Flake (R-AZ), Deb Fischer (R-NE), and Jim Risch (R-ID) are co-sponsors of the Secret Science Reform Act.

    ###

    http://barrasso.senate.gov

  7. craigm350 says:

    Screengrabs of the act courtesy Sen Barrasso’s blog (should be no copyright issues – none stated).
    wpid-screenshot_2015-04-29-21-35-34.png
    wpid-screenshot_2015-04-29-21-35-34.png

    Seems standard jargonese but section 2 is a quandary.

    Nothing in the subsection shall be construed as—

    (A)

    requiring the Administrator [of the Agency] to disseminate scientific and technical information; or

    (B)

    superseding any nondiscretionary statutory requirement.

    I could well be wrong but this is
    a) The EPA are not required to say anything and can use dodgy science – you may be able to view it but we won’t say anything or if we do expect a ‘good day to release bad news’.

    b) Existing ‘nondiscretionary’ legislation is primary but the EPA already hide behind this anyway (and destroy emails whilst they haggle on definitions about if Richard Windsor is a real person or a figment of d3n13r’s imagination). Doesn’t that make this pointless? A Shylock ‘pound of flesh’? Or am I misreading intent?

    http://www.govtrack.us/congress/bills/114/hr1030/text

    I admit I could be reading this wrong but section 2 makes me wonder..?

    The ERDDA acts seem broad in definition giving the EPA a wide wedge to regulate what they deem toxic (makes sense of the appropriation of ‘dirty’ and ‘toxic’ CO2 meme these past years).

    Looking to home l, I dread what my poor head will feel when I look through Milliband’s 2008 legislative gift to the nation.

  8. ren says:

    Do realize the importance that the Great Pyramid of Giza and the Sphinx of Giza is a clock counting down the precession of the Earth?
    The heart of the Sphinx indicates the brightest star in the constellation Leo in the period of construction.

  9. ren says: April 30, 2015 at 6:12 am

    “Do realize the importance that the Great Pyramid of Giza and the Sphinx of Giza is a clock counting down the precession of the Earth? The heart of the Sphinx indicates the brightest star in the constellation Leo in the period of construction.”

    Can you please translate this to stupid earthling speak?

  10. ren says:

    Egyptian astronomers have provided us with important information on the impact of changing the angle of inclination of the Earth’s axis on the climate. They made a huge effort to do so. Apparently saw it as very important.

  11. ren says:

    Will Janoschka if you see a a convex heart Lion? This pointer clock.

  12. ren says: “April 30, 2015 at 7:53 am

    “Egyptian astronomers have provided us with important information on the impact of changing the angle of inclination of the Earth’s axis on the climate. They made a huge effort to do so. Apparently saw it as very important.”

    OK, Apparently saw “it as very important” I can accept that “it” was seen as important. Just what is “it”, and why is “it” important?

  13. ren says:

    Let’s see ice growth in the Antarctic.

  14. ren says:

    Click graph.

  15. ren says: April 30, 2015 at 8:12 am

    Will Janoschka if you see a a convex heart Lion? This pointer clock.

    I see no convex anything! What is your point?

  16. ren says:

    Will Janoschka says:
    April 30, 2015 at 8:40 am
    ren says: April 30, 2015 at 8:12 am

    Will Janoschka if you see a a convex heart Lion? This pointer clock.

    I see no convex anything! What is your point?
    Whether you see now?

  17. ren says:

    Will Janoschka

  18. ren says:

    Encoded in the Great Pyramid proportions have to convince us of mathematical knowledge builders.

  19. mrgnome says:

    Reblogged this on mrgnome wordpress com and commented:
    This is really good for openness.

  20. oldbrew says:

    ren & will: you’re way off topic re Egypt.

  21. James Strom says:

    The objection to banning secret science makes sense, but only within a static view; i.e., there may now be research organizations which maintain a proprietary interest in studies they have produced, and if EPA is required to publicize all its data, codes, etc., it will not have access to these studies for the purpose of making policy.

    But, from a more dynamic view, these research organizations will see that their future research will be debarred from any impact on policy, and so a lot of them will be motivated to change the terms for releasing information. If they do not change the terms they will be close to an admission that their results are not quite up to the standards necessary to guide policy.