Texas ER doc John Dunn and JunkScience.com’s Steve Milloy offer some solutions for corralling the outlaw EPA.
Dunn and Milloy write in American Thinker:
What are some solutions to the EPA’s faults and shortcomings?
1. Shrink EPA. Most environmental protection is done at the state-level. Most environmental regulatory work is done by the states. The Federal agency has too much time and money and that results in overreach and aggressive policy making.
2. End inherent conflict of interest. Research and regulation need to be separated into independent agencies. At a minimum, EPA science reviewers should not be grantee researchers or affiliated with grantee institutions.
3.Risk assessment (RA) and cost benefit analysis (CBA). All rules must be subject to the two. RA and CBA should be judicially reviewable. This could be done through a super mandate that modifies review criteria for all agency activities.
4. Judicial review. Aggrieved parties should have easier opportunities to challenge the agency in court. The “arbitrary and capricious” standard in the Administrative Procedures Act needs to be replaced with a standard that allows proper challenges, such as the standard of review for workplace rules administered by the Occupational Safety and Health Administration. This could be done with a “super mandate” that overrides all existing statutory law.
5. Impose stricter scientific standards. Obligate the Agency to research that is subject to objective, non conflicted peer review and appropriate evaluation of data and methods. Require that taxpayer funded research be reviewable for data and methods and that research comply with the scientific standards from authoritative resources such as the Reference Manual on Scientific Evidence, written by truly independent experts to provide federal judges with guidance on what constitutes reliable scientific evidence in federal courts. If the Reference Manual is good enough for courts, it ought to be good enough for the EPA…