In his blistering 92-page decision, Judge William Osteen of the Middle District of North Carolina essentially vindicated those who had accused EPA of manipulating data in order to reach a preconceived conclusion. Osteen ruled that EPA had violated provisions of the 1986 Radon Gas and Indoor Air Quality Act, under which the agency determined that exposure to ETS is hazardous. Osteen's ruling isn't expected to have much impact on smoking bans already in place. Plaintiffs will no longer be able to cite EPA's now-discredited risk assessment to buttress their claims. Although legal observers agree Osteen's ruling is likely to be upheld by a higher court, EPA has little choice but to appeal.
Risk assessments are the foundation of the agency's regulatory action.
It raises serious questions about the science underlying other EPA regulatory decisions, including last year's controversial decision to tighten standards for particulate matter and ground-level ozone. That action is also being challenged in court, with a ruling expected in the next twelve months.