But the agency still defends the tests as necessary for public policy — yet another illegal rationale.
Earlier, we reported that EPA had illegally intentionally used children as young as 10-years old as guinea pigs in pseudoscientific experiments on the health effects of diesel exhaust particles.
In response to our charges, EPA defended the experiment in part as follows:
A spokesperson also tried to clarify the EPA’s position on diesel that the research would help put the EPA “in a better position to understand and combat the problem” of sickness caused by pollution.
First, even EPA has since determined that such experiments are wrong. How do we know? Because in 2006 EPA made experimenting on children illegal. From the Code of Federal Regulations (40 CFR 26.203):[Click to enlarge image]
And although these experiments likely occurred prior to the effective date of the ban (June 23, 2006), EPA had proposed to ban experiments on children on May 7, 2003 — MORE THAN ONE YEAR BEFORE THE RESEARCHERS APPLIED FOR PERMISSION TO CONDUCT THE EXPERIMENT. In fact, when EPA finally banned child experimentation, it noted that it cut short the normal rule making process stating:
EPA is publishing this direct final rule without prior proposal because the Agency believes that these amendments are non-controversial and does not expect to receive adverse comments.
Moreover, it is also illegal to justify human testing on the basis that the human guinea pigs are helping to establish public policy (40 CFR 26.111(a)(2): [Click image to enlarge]
Can’t wait for EPA’s next dodge.