A federal court today denied our emergency motion for a temporary restraining order against EPA’s human testing on jurisdictional grounds.
American Tradition Institute attorney David Schnare argued that the court had jurisdiction to hear the case under the Administrative Procedure Act (APA), asserting that the agency’s signing contracts with the human subjects constituted “final agency action.”
But Judge Anthony Trenga accepted the Department of Justice’s (lame-o) position that the term “contract” is not specifically listed in the APA as a “final action.”
The good news is that the court’s action is without prejudice, so ATI is free to refile the TRO with a new jurisdictional argument.
The question raised by all this is who can stop the EPA from illegal human testing? Does anyone have jurisdiction? And if no one does, can a rogue agency simply defy all the laws and rules developed since World War II concerning the protection of human subjects?
So for now, EPA can continue testing the most toxic substance on Earth on sick people while lying to them about the risks.
We are simply flabbergasted (but not surprised).