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).
Face it. If the court says it has no jurisdiction then then the EPA must be right and testing is LEGAL!!
Regulatory law is extra-constitutional. In other words, they can do whatever they wish with no recourse for “we the people”. The whole regulatory structure should be shut down. It will nto be for it makes a lot of conduits for cash to find its way back to our law makers,.
Federal Judge, not on a ticket at all. The only thing more ludicrous is the tailoring rule decision. A flurry of energy companies, car companies, and associations challenged the rule, and then a judge stated that they had no standing because the rule “helped” them. at least it did compared to the ludicrous alternative (so now we are left with a rule that is either a bold-faced lie or going step by step into the mouth of madness).
The entire concept of “Standing” is being twisted into a mockery of its intended purpose to silence legal opposition. If the courts refuse to act as a balance to even look at the cases, then we are left with a monolithic government.
The learned judge wouldn’t be on a Dem ticket would he ?
Any legitimate medical or drug testing on humans in the U.S.A. if using the parameters set by the EPA would be immediately shut down and possibly face fines, loss of licenses, and be subject to jail time. In NAZI Germany, however, this would be totally acceptable. I vote that these tests first be tried on Lisa Jackson.
As I have been stating: this is a Godless , communist regime! They are a culture of death – abortion and soon to be euthanasia; and I will continue, justifiably and evidentially, backed by this startling revelation, that we have the new Hitler in power that has learned his lessons well from his mentor, the old Hitler! He need’s to go – now!
Does anyone know what the “gas” is that they want to experiment with? Might it be oxygen? Might it be cyanide? It would make a big difference affecting my opinion.
The only news outlet that would look into this is The Blaze. Does anyone know how to contact them?
Shades of Nazi Germany. This Federal Judge would have been one of Hitler’s top henchman. He has exceeded his authority, and ignored the Constitution. Regardless of any contract, human suffering has to take preference .
You mean there is no controlling legal authority. Where have I heard that lame excuse before?
By framing the legal question as a matter of administrative law, the judge was all too easily tempted to ‘dodge the bullet’ and decline jurisdiction. If these human subjects were actually forced to participate as part of their sentence for a crime, the ‘cruel and unusual punishment’ clause would obviously apply. If some twisted freak had kidnapped these people and forced them to breathe diesel fumes, a long vacation in the federal penitentiary would ensue. If a pharmaceutical company was doing this as part of its research, an injunction would have been issued immediately, along with several arrest warrants. If the Taliban were caught doing this, there’d be a few new inmates at Gitmo.
But this is the EPA, the most environmentally-friendly government organization in the world, so surely anything they do is for the good of the planet and everyone on it. It’s commonly accepted under international law and custom to have people die in the course of achieving environmental goals, this is no biggie. So let’s hoist the Green swastika and get back to work.
Steve,
Mr, Malloy has another website dedicated to the case with a lot of documentation. The EPA itself has as far as I know largely remained silent on this case except to issue blanket denials. So answer this, what else is there to read on this?
You wanted a reply from Hutchinson? Good luck with that one.
I have. No, it’s not anything to compare with the syphilis trials, much less anything that Hitler did. However, there are several points that are disturbing
1: That they did it at all, in violation of all the established rules.for human testing.
2: The outright lies presented by Lisa Jackson before Congress stating that by reducing PM2.5 emissions we could save more people than curing cancer. (This was on video and the stunned congressman asked her to repeat it, and she did, so it was not a misstatement). This was during the same time they were doing these experiments. Either she lied under oath or she believed it and REALLY violated testing protocol.
3: The violation of the most basic scientific protocols in the publication. Out of 42 people that they tested, only one was published (the only one with a reaction). It was treated as an independent case study and the scientific community responded with universal derision to a single run of a single person exposed to “particulate matter” with no further details (my personal response was that I would expect more from a sub-par elementary schooler). The media, however, lapped it up.
4th and worst: the lack of response from the agency and complete apathy from all authorities that SHOULD be responsible for these studies. This lawsuit is the last straw in a very long series of frustrating dead-ends.
Good luck on getting Congress to do anything about this situation. I requested the Sr. Senator from Texas, at the time, to abolish EPA since she was on the Environmental and Public Works Committee and gave reasons for doing so. She could have checked the validity of my reasons but never even bothered to send even one of the form letters our elected servants are so good at sending when they are evading the issue. Obama has rendered Congress irrelevant through his Executive Orders and both houses have sat on their thumbs while looking the other way.
Do your homework folks. It is ABSOLOUTELY not at all what they are portraying it as. Do just trust this because it is on this website. Backing a truck up and pumping diesel fumes in? Give me a Break. Please read up and make your own conclusions
1: The UN is even more corrupt than Washington
2: America does not recognize the Hague’s authority.
3: The Hague doesn’t work that way.
http://en.wikipedia.org/wiki/International_Court_of_Justice#Criticisms
4: This is a violation of American law on American land. The UN has neither jurisidiction nor reason to care.
Interesting thought. However, it is believed the cause was epidural steroids.
http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm322849.htm
Unless I am grossly mistaken, epidurals never contained thimerosol.
Great suggestion. I too would like to see reliable work on the question in Tom Davis’s comment.
Why doesn’t someone contact the Hague and get a world court involved? That would generate some media attention.
Hi Steve,
I’ve followed your website for years – good work!
I had a lead you might want to follow:
The Fungal Meningitis outbreak from New England Compouding Center – could it be attributed to the phasing out of Thimerisol? It was used as a vaccine preservative.
Thimerisol is a fungicide – but containing “toxic” mercury.
Up to 13,000 people could be infected.
Could this be another DDT/Asbestos phasing out something for the optics, without regard to the consequences?
Thanks,
Too many EPA cases are being turned away from the courts due to ludicrous decisions on jurisdiction. It should not be this difficult to assert authority over an agency.
I thought I was living in the United States of America…..where the heck am I???? This is not what the USA is about! Bad enough we use animals for testing poisonous substances, but to allow a rogue company to use human beings?! That’s enough! And our courts are sinking into oblivion as far as our rights go. I have always thought the EPA was a nut case to begin with, now I’m sure of it. Let’s get Congress to declare them unfit to operate in the USA!
This is simply amazing! This needs to get out in front of the media. The only one not in Big Government’s pocket is Fox, I don’t think any of the others would touch it. Have you approached anyone over there?
Reblogged this on Climate Ponderings.