Alert: ATI v. EPA (human testing lawsuit) hearing set for Jan. 3

A federal court will decide tomorrow whether it has jurisdiction to hear the the American Tradition Institute’s claims of illegal human testing against the EPA. The hearing is set for 10am at the federal courthouse in Alexandria, VA (Judge Anthony Trenga’s courtroom). Come support us!

2 responses to “Alert: ATI v. EPA (human testing lawsuit) hearing set for Jan. 3

  1. Some random stuff compiled with the limited time I have at a local resource center.  I think you can put the puzzle pieces together…  Under contract law, a plaintiff can recover from a defendant on the grounds of fraudulent concealment where the defendant (1) concealed or suppressed a material fact;  (2)  had knowledge of this material fact; (3) that this material fact was not within reasonably diligent attention, observation, and judgment of the plaintiff; (4) that the deferndant suppressed or concealed this fact with the intention that the plaintiff be misled as to the true condition of the property; (5) that the plaintiff was reasonably so misled; and (6) that the plaintiff suffered damage as a result.   http://www.law.cornell.edu/wex/fraudulent_concealment   § 1702.10 Human experimental data involving the testing of human subjects. Any human experimental data submitted with a petition requesting an exemption under this part shall include a statement establishing that adequate measures have been taken to ensure against psychological or physical injury to the subject of the human studies. The Commission considers its regulations concerning the protection of human subjects ( 16 CFR part 1028) to be an example of measures that are adequate to ensure against psychological or physical injury to human subjects. 50 USC § 1520a – Restrictions on use of human subjects for testing of chemical or biological agents This preliminary release may be subject to further revision before it is released again as a final version. As with other online versions of the Code, the U.S. Code Classification Tables should be consulted for the latest laws affecting the Code. Those using the USCPrelim should verify the text against the printed slip laws available from GPO (Government Printing Office), the laws as shown on THOMAS (a legislative service of the Library of Congress), and the final version of the Code when it becomes available. Current through Pub. L. 112-196. (See Public Laws for the current Congress.) Prohibited activities (a) The Secretary of Defense may not conduct (directly or by contract)— (1)any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or (2)any other testing of a chemical agent or biological agent on human subjects. (b)Exceptions Subject to subsections (c), (d), and (e) of this section, the prohibition in subsection (a) of this section does not apply to a test or experiment carried out for any of the following purposes: (1)Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricultural, industrial, or research activity. (2)Any purpose that is directly related to protection against toxic chemicals or biological weapons and agents. (3)Any law enforcement purpose, including any purpose related to riot control. (c)Informed consent required The Secretary of Defense may conduct a test or experiment described in subsection (b) of this section only if informed consent to the testing was obtained from each human subject in advance of the testing on that subject. (d)Prior notice to Congress Not later than 30 days after the date of final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense (whether directly or under contract) involving the use of human subjects for the testing of a chemical agent or a biological agent, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a full accounting of those plans, and the experiment or study may then be conducted only after the end of the 30-day period beginning on the date such report is received by those committees. (e)“Biological agent” defined In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing— (1)death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (2)deterioration of food, water, equipment, supplies, or materials of any kind; or (3)deleterious alteration of the environment. http://www.law.cornell.edu/search/top/attempted%20murder#uscode  18 USC § 1113 – Attempt to commit murder or manslaughter and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both. … 10 USC § 918 – Art. 118. Murder or (4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, … of a child, robbery, or aggravated arson; is guilty of murder, and shall suffer … 18 USC § 1119 – Foreign murder of United States nationals A person who, being a national of the United States, kills or attempts to kill a national of the United … 18 USC § 1111 – Murder (a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any …    

  2. Please do not forget the legal term Fraudulent Concealment. Deliberate hiding, non-disclosure, or suppression of a material fact or circumstance (which one is legally or morally bound to reveal) with intent to deceive or defraud in a contractual arrangement.

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