Alan Charles Raul Junk science is not just the domain of civilian litigants.
Government agencies are no strangers to it.
Unfortunately, courts, Congress and the public too often let it slide. In fact, traditional standards of proof for judicial review are so lenient, and courts can be so highly deferential to agency science, it is a wonder that the regulatory process ever hits its target at all. Before you get mad that someone wants to mix the laws of evidence with principles of administrative law, let me explain why red meat litigators as well as APA geeks should care about applying Daubert in the regulatory arena. First, we're all citizens, and subject to government authority. When agencies issue environmental safety and health regulations, they are exercising delegated legislative powers from Congress.