Human testing lawsuit dismissed; Court lacks jurisdiction to hear case against EPA

So the EPA and its researchers are free to violate all the rules of human experimentation — and no one can do anything about it.

We can prove that EPA conducted illegal experiments, lied to the study subjects and committed assault and battery on its human guinea pigs.

It’s unfortunate that Judge Anthony Trenga opted to hide behind a disputable procedural technicality to avoid adjudicating these facts.

Judge Trenga’s ruling means that no third party can stop illegal human experimentation by government researchers. While his ruling leaves open the door for human subjects to challenge the legality of the experiments, how could they if they are being lied to?

Read the Court decision.

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23 responses to “Human testing lawsuit dismissed; Court lacks jurisdiction to hear case against EPA

  1. Frustrating, if not unexpected.

    What galls me most is not that we lost. Really, it’s not. It’s how we lost. If the courts have no jurisdiction over the regulatory agencies, how does the balance of power even exist? What check do the people have over an unelected agency supported by the majority of the political class of both parties? We cannot force them out by direct election. We cannot elect people who will change it because it is sacred to too many to slaughter yet not a strong enough issue that the opposition is willing to risk the vote of the well-meaning mainstream. If the courts will not even consider the case due to obscure jurisdiction, WHAT RECOURSE DO WE HAVE?

    Milloy, can you please publish the full text of the refusal. Thank you.

  2. Ben,

    This is not over yet.

    The court decision is here: http://junksciencecom.files.wordpress.com/2013/02/32-opinion-granting-motion-to-dismiss.pdf

    Is that what you’re looking for?

  3. I share Ben’s concerns about the breakdown of any checks and balances in government today. It is frightening that there is little recourse to fight wrongs when it’s a government agency, especially one under the Executive Branch. Can ATI, ALEC or other policy groups help expose this and get this information out to the public (Rush, Mark Levin, Hannity, etc.) or help fight this? I am encouraged when you say it’s not over, but I hope there really are ways for people to fight governmental policies and actions that are hurt people, are unethical, are costly, and/or based on poor science.

    • Whats important is that the whole country learns about whats truly going on and the manipulation of junk science to push everything from smoking bans to gun control……………think MAYO CLINIC and all its junk researchers. Their latest study on gun control and then before that the heart attack junk study.

  4. I think the decision is simply wrong and should be appealed.

    • Rest assured that this is not over. Not by a long shot.

      • Oh its not over. These charletons have finally exposed themselves for what they are and what theyve done to all of us. We need national media to start exposing the frauds for what they are………

  5. It is time to paint the Obama Administration as a Nazi group! The conservative press must equate Obama to Hitler at every turn. The people need to know that we have the most incompetent President in World History who kills!

    • What the hell we been doing for four years! Of course Ive been painting the muslim in chief as a Nazi! He is a nazi for all political points of view he holds……EUGENICS is whats going down now……….

      • It is a well accepted debating rule that once you invoke Hitler or call some a Nazi, you have conceded the argument. Please go somewhere else, we don’t need your kind of “help” here.

    • Please, this is no time for such nonsense. Take your senseless idioticy and go.

      • Ben I gather you dont follow things to well,here let me show you whats going on my friend;

        Since obviously you don’t realize what’s been happening, the CDC and other federal agencies have been dooling out grant money to city, county, and other local governments that adopt smoking bans, not to mention to anti-smoking coalitions who push for stricter smoking bans. It’s been happening in both the Saint Louis area, plus also in the Myrtle Beach area. I’ll note that these aren’t the only 2 areas of the country where these ban grants have been given to a smoking ban coalition.

        Articles proving it’s been happening(wasteful grant money being given to anti groups pushing for smoking bans, plus waving financial grants to communities that ultimately decide to ban smoking) in both parts of the country(grant money going to both Tobacco-Free Saint Louis in the Saint Louis area, and Smoke-Free Horry in the Myrtle Beach/Conway area):

        http://www2.scnow.com/news/201

        http://www.carolinalive.com/ne

        http://www.stltoday.com/news/l

        http://mogasp.wordpress.com/20

        http://www.ssmhealth.com/Pages

      • Ben I gather you dont follow things to well,here let me show you whats going on my friend;

        Since obviously you don’t realize what’s been happening, the CDC and other federal agencies have been dooling out grant money to city, county, and other local governments that adopt smoking bans, not to mention to anti-smoking coalitions who push for stricter smoking bans. It’s been happening in both the Saint Louis area, plus also in the Myrtle Beach area. I’ll note that these aren’t the only 2 areas of the country where these ban grants have been given to a smoking ban coalition.

        Articles proving it’s been happening(wasteful grant money being given to anti groups pushing for smoking bans, plus waving financial grants to communities that ultimately decide to ban smoking) in both parts of the country(grant money going to both Tobacco-Free Saint Louis in the Saint Louis area, and Smoke-Free Horry in the Myrtle Beach/Conway area):

      • Obama administration to push for eliminating smoking on college campuses
        The U.S. Department of Health and Human Services announced an initiative to ban smoking from college campuses last month. This is part of the HHS goal to create a society free of tobacco-related disease and death, according to their action plan released by the HHS in 2010.

        Colleges who fail to enact campus-wide smoking bans and other tobacco-free policies may soon face the loss of grants and contracts from the HHS, according to the plan. Western receives grants through a subdivision of the HHS called the National Institutes of Health, Acting Vice Provost for Research Kathleen Kitto said.

      • Hitler’s Anti-Tobacco Campaign

        One particularly vile individual, Karl Astel — upstanding president of Jena University, poisonous anti-Semite, euthanasia fanatic, SS officer, war criminal and tobacco-free Germany enthusiast — liked to walk up to smokers and tear cigarettes from their unsuspecting mouths. (He committed suicide when the war ended, more through disappointment than fear of hanging.) It comes as little surprise to discover that the phrase “passive smoking” (Passivrauchen) was coined not by contemporary American admen, but by Fritz Lickint, the author of the magisterial 1100-page Tabak und Organismus (“Tobacco and the Organism”), which was produced in collaboration with the German AntiTobacco League.

      • In response, I have a simple phrase for you: Hitler ate sugar

        http://tvtropes.org/pmwiki/pmwiki.php/Main/HitlerAteSugar

        In more detail, simply because the devil likes something does not mean that it s wrong. Nor does agreeing with the devil on anything mean that you are evil.

        Obama’s stance on tobacco consumption stands on its own. His virulent campaigns against it are legally acceptable, if dubiously beneficial. However, his debasement of science in order to suit his vendetta are not. Specifically the third-hand smoke nonsense. If the Klan is a litmus test for our ability to extend first amendment priviliges to unpopular groups. tobacco is a litmus test for accepting unpopular products.

        However, your invocation of the Nazi undermines the very point you are trying to make, that Obama is overreaching his authority and funding false science to support his restrictions. People get to the first reference of Hitler and ignore the rest.

  6. EPA JUDGE KESSLER ON OSTEENS DECISION AGAINST EPA!!!
    SOUND FAMILIAR EHH!
    The EPA fought to have Osteen’s decision overturned on technical grounds, ignoring the multitude of facts in the decision. They succeeded in 2002 on the narrowest of technicalities. The fourth circuit court of appeals ruled that because the report was not an official policy document Osteen’s court did not have jurisdiction. In their appeal the EPA did not answer a single criticism in the 92 page report, nor challenge a single fact put forth by Judge Osteen. Not one.

  7. Boyz the courts are working and covering for the government if we hadnt figured it out yet!

  8. Have you considered filing a formal complaint with the GAO, the federal Government Accountability Office? In theory, the GAO handles all forms of government abuse. Then there’s the ICJ International Court of Justice or the ICC International Criminal Court. Both of these deal with violations of human rights. There may be other international options.

    • The GAO was step five or six in the plan. That one fizzled out months ago.
      The International Courts are a laughingstock. That’s a move of desperation right before (or maybe even after) revolution.

  9. Mr. Malloy, I was sorry to read of this decision. But you’re right–it’s far from over. Socialist bureaucrats, and the judges who either fear them or are found hiding in their back pockets, need to be purged by a smartened-up citizenry, as opposed to a dumbed-down society of fools with one hand reaching for a handout and the other covering their eyes. Unelected judges are the bane of a constitutional republic. They need to be held accountable to their constituents as much as their legislative and administrative fellow-travellers. And hey, I just ordered Green Hell from the local B&N. Can’t wait to read it.

  10. Why haven’t the trial lawyers picked up on this whale of a lawsuit?

  11. Sorry to see the motion was granted, though I’m still puzzled as to why this suit was based on “agency action” rather than just gross, or even criminal negligence. Seems it was way too easy for the court to wiggle out. I also find it interesting that the Judge put his signature on this ruling with the grammatical errors it contained. Says a bunch about the competence of the Judge, in my opinion.

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