Scientists & Agencies

1. Scientists & Agencies

2. Overview Thinking About Goals – Technocrats vs. Democrats History – A Highly Ad Hoc System Politics – Who’s in Charge? – Competition & Advocacy Law – Same Example: Townes Video & Discussion

3. Introduction Thinking About Goals: Accurate fact-finding Rational decision-making Technocrat Tradition Incomplete Evidence Values: Suppress or Surface? Political responsiveness Democratic/Populist Tradition

4. History World War II & Postwar Einstein Letter Bohr & Truman Oppenheimer & The H-Bomb Debate Advising the Military (1950s) The Importance of Informal and Semi-Formal Institutions Teapot JASONs Pugwash & Soviet Contacts

5. History Building Institutions (1960s and 1970s) Presidential Science Advisory Committee (PSAC) NAS & APS The New Agencies & In-House Science Science Advisory Committees Teller & Reagan Cycles in Influence From Kennedy to Bush “The cooperative spirit of the [1950s] was somewhat unusual…cycles of trust and distrust are perfectly understandable.” C. Townes

6. Where Does Science Fit In? Fluidity vs. Institutions Townes – Sense of Duty, No Preconceptions Von Hippel (but also Teller) – Public Scientists

7. Politics

8. Politics Who’s In Charge? Congress: Legislated mandates; budget; impeachment; formal oversight hearings; requiring periodic reports; informal contacts. Seatbelts and saccharine. President: Appointments; termination; budgets; executive orders; legislative initiatives; bureaucratic reorganization; centralized approval; informal contacts. Public: Hearings and informal contacts. Interest groups. Scientists and advisory committees. Agencies: Politicking and Leaks…

9. Politics Agency Motivations: Institutional Models Capture, Minimum Coalitions, and Regional Struggles. Bureaucratic Player Models “Climbers,” “Zealots,” “Advocates,” and “Statesmen.” Agency Culture & Self-Selection EPA vs. NOAA vs. FAA, AEC.

10. Politics Scandals Waxman Report Committee Choices – “Unqualified Individuals” – Industry Ties & Ideological Agendas – Opposing Qualified Individuals. – Removing Robert Watson from IPCC Censoring Web Sites Censoring Reports to Congress Screening Manuscripts on “Sensitive Issues” Is Waxman objective?

11. Example: EPA Safe exposure limits, environmental impacts, human health effects; designing treatment procedures; monitoring emissions; projecting climate change.

12. Example: EPA Establishing Legislation & Self-Selection Reagan & EPA Leaks Budget freeze, OMB Review, hostile appointees. Bush & EPA

13. EPA I can state categorically that there never was such White House intrusion into the business of EPA during my tenure. The EPA was established as an independent agency in the executive branch, and so it should remain. There appears today to be a steady erosion in its independent status. I can appreciate the president’s interest in not having discordant voices within his Administration. But the interest of the American people lies in having full disclosure of the facts, particularly when the issue is one with such potentially enormous damage to the long term health and economic well-being of all of us. - Former EPA Administrator Russell Train

14. Example: EPA Bush Administration & Mercury Emissions “Achievable Standards” 34 tons (or else) E-Mails and Multiple Modeling Runs EPA should do “an unbiased analysis…”

15. Where Does Science Fit In? Political Struggle as Norm Is the Townes Solution Stable? Fighting to Control Trusted Intermediaries NAS Committees Gore and Revelle

16. Law

17. Law Who’s In Charge? Legislative Mandates A Non-Delegation Doctrine? -- OSHA: Protection “to the extent feasible.” Procedural Requirements -- OSHA and “Substantial evidence test.”

18. Law Who’s In Charge? The Executive Branch Independent vs.Executive Agencies Procedural Due Process “Liberty & Property Interests”

19. Law Administrative Procedure Act Rule Making: Standards & Limits. Notice and Comment Peanut Butter, Vitamin Supplements Adjudication: Permits & Fines. Formal Hearings (ALJ’s) Federal Advisory Committee Act

20. Law Judicial Review Emphasizes Rationality Avoids Political Choices Enforces Congressional Will Political Question Doctrine Enforces Procedural Due Process Transparency

21. Law Judicial Review ctd…. “Substantial Evidence” -- Jury-like standard. -- Substantial evidence does not mean “correct.”

22. Law Judicial Review ctd…. “Arbitrary, Capricious or Abuse of Discretion.” -- Clear error of judgments or failure to consider all factors.

23. Law Judicial Review & Science…. “Technically illiterate judges…” Maximal Deference Where Agency Must Make Predictions at the “frontiers of science.” Agencies need not regulate “with anything approaching scientific certainty,” a “body of reputable scientific thought” is enough.

24. Law Judicial Review & Sciencectd…. But: Courts Must Not “Abdicate.” Building a record. But: Agency cannot make rules based on “hunches” or “guesses.” Practical Consequences: Cost, Delay, Uncertainty

25. Where Does Science Fit In? Competition is good (again). Litigation-Type Problems Papering the Record. Building in Error

26. A Sensible Outcome?

27. A Sensible Outcome? Rational vs. Democratic Do We Have the Mix Right? How Would We Know? Detecting The Wrong Mix…

28. A Sensible Outcome? Regulation – The Good News Acceptability declines with number of people exposed. Voluntary risk limits are ~ Disease risk We regulate involuntary risk 1000x more than voluntary risk.

29. A Sensible Outcome? Regulation – The Bad News Acceptability rises with cube ofbenefits. Your Life is Worth… $6.5m at HHS $6.1m at EPA. $2.7m at FAA. $1.6m at Agriculture. … But at least it’s better than it was in the 1980s !

30. Discussion

31. Discussion Townes: “I have seen a few people brought in as advisors who then undercut their influence with government by going public with their feelings…I think one reason Nixon became more and more distant from his science advisory committee was due to events such as this, as well as to differences in views about Vietnam. He felt is members were not a completely trustworthy part of his team – and PSAC was in fact shut down during his administration.”