Agency claims unfettered discretion in treatment of test subjects
Washington Times
Steve Milloy
The Obama
Environmental Protection Agency (
EPA) says no law empowers any judge to stop it from conducting illegal scientific experiments on seniors, children and the sick.
That
astounding assertion will be tested Friday, when a federal district
court in Alexandria decides whether it has jurisdiction to hear claims
made by the American Tradition Institute that
EPA researchers are exposing unwary and genetically susceptible senior citizens to air pollutants the
agency says can cause a variety of serious cardiac and respiratory problems, including sudden death.
Although the lawsuit only addresses ongoing, purportedly illegal experimentation being carried out at an
EPA laboratory on the
Chapel Hill campus of the
University of North Carolina School of Medicine,
EPA
researchers and grantees have carried out dozens of similarly shocking
experiments over the past 10 years at UNC and other schools, including
Rutgers University, the
University of Michigan, University of Rochester, University of Southern California and University of Washington.
During that time at those university laboratories,
EPA-employed
or -funded researchers have intentionally exposed a variety of people
to concentrated levels of different air pollutants, including
particulate matter (soot and dust), diesel exhaust, ozone and chlorine
gas — the latter substance more recognized as a World War I-era chemical
weapon than as an outdoor air pollutant.
Over the same period that the experiments in question have been conducted, the
EPA has become more and more alarmist in communications to
Congress and the public about danger the air pollutants pose to individuals even at commonplace, non-concentrated levels. The
EPA has determined, for example, that any exposure to fine particulate matter can cause death within hours or days of inhalation.
EPA Administrator
Lisa P. Jackson, moreover, has testified in
Congress that particulate matter causes about 1 of every 4 deaths in America.
Not
only is diesel exhaust largely made up of “deadly” particulate matter,
but its components include polycyclic aromatic hydrocarbons (PAHs),
which the
EPA considers to be cancer-causing. The
agency generally says that any exposure to a carcinogen increases the risk of cancer. Diesel exhaust also includes lead. The
EPA
has determined that lead can be readily absorbed from inhalation into
the blood and that there is no safe level of lead in blood.
The
EPA has exposed its human guinea pigs to ozone levels as high as 400 parts per billion (ppb), more than five times higher than the
EPA’s current standard and six times higher than the standard expected to be adopted in 2013. In a March 2012 letter to
Mrs. Jackson from the
agency’s
Clean Air Scientific Advisory Council,
a council member unwittingly commented that “[experimental] exposure of
rats to 300 or 400 ppb may be very relevant to humans, but impossible
to study in humans for ethical reasons.” Little did the council member
know that
EPA researchers routinely — but illegally — do the “impossible.”
Aside from the
EPA-determined
dangers associated with the air pollutants used in the experiments,
there are the human study subjects. While some have been healthy young
adults, others have been elderly, asthmatic or both. Many have been
diagnosed with “metabolic syndrome.” Some had suffered heart attacks
and, while they were in rehabilitation, were enrolled as human guinea
pigs.
EPA-funded researchers apparently have even exposed children to dangerous diesel exhaust and ultrafine particles.
The American Tradition Institute contends in its lawsuit that the
EPA
has broken virtually every rule established to protect human subjects
used in scientific experiments, including the Nuremberg Code, ethics
principles for human experimentation adopted following the Nuremberg
Trials at the end of World War II, and similar U.S. regulations known as
“The Common Rule.”
Rather than defending itself against the serious allegations made by the institute, the
EPA instead has said it is essentially above the law and the federal court has no business hearing those serious charges.
The
EPA
claims the court has no jurisdiction to hear the case under the Clean
Air Act (CAA): “Nothing in the CAA provides a meaningful standard to
evaluate what air pollution
EPA chooses to study or how. To the contrary, the CAA gives
EPA broad discretion in the subject matter of its research program.
Congress broadly mandated that
EPA study the health effects of air pollution.”
Of course,
Congress most likely thought the
EPA would conduct such research in a lawful manner.
The
EPA also says because “no judicially manageable standards are available for judging how and when [
EPA] should exercise its discretion in deciding what research to undertake,
EPA’s
decision to study the health effects of [particulate matter] using
controlled human exposure studies was a decision committed to the
EPA’s
discretion and immune from review under the [Administrative Procedures
Act],” the general law governing the conduct of federal agencies.
The
EPA’s view, then, is that because
Congress has not enacted a law that expressly forbids the
agency
from violating the Nuremberg Code and federal regulations governing
human testing or that expressly guides judges in evaluating the conduct
of agency researchers who experiment on their fellow human beings, the
agency has unfettered discretion to do as it pleases with the young, old, sick and anyone else who falls into its clutches.
Will it really take a special act of
Congress to compel the
EPA to adhere to common standards of humanity? Stay tuned.
Steve
Milloy publishes JunkScience.com and is the author of “Green Hell: How
Environmentalists Plan to Control Your Life and What You Can Do to Stop
Them” (Regnery, 2009).