scientists & agencies

31

Upload: tanaya

Post on 11-Jan-2016

24 views

Category:

Documents


1 download

DESCRIPTION

Scientists & Agencies. 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. Introduction. Thinking About Goals: Accurate fact-finding - PowerPoint PPT Presentation

TRANSCRIPT

Page 2: Scientists & Agencies

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

Overview

Page 3: Scientists & Agencies

Thinking About Goals: Accurate fact-findingRational decision-making

Technocrat TraditionIncomplete EvidenceValues: Suppress or Surface?

Political responsivenessDemocratic/Populist Tradition

Introduction

Page 4: Scientists & Agencies

History

World War II & PostwarEinstein LetterBohr & TrumanOppenheimer & The H-Bomb Debate

Advising the Military (1950s)The Importance of Informal and Semi-Formal Institutions

TeapotJASONsPugwash & Soviet Contacts

Page 5: Scientists & Agencies

History

Building Institutions (1960s and 1970s)Presidential Science Advisory Committee (PSAC)NAS & APSThe New Agencies & In-House ScienceScience Advisory CommitteesTeller & Reagan

Cycles in InfluenceFrom Kennedy to Bush

“The cooperative spirit of the [1950s] was somewhat unusual…cycles of trust and distrust are perfectly

understandable.” C. Townes

Page 6: Scientists & Agencies

Where DoesScience Fit In?

Fluidity vs. Institutions

Townes – Sense of Duty, No Preconceptions

Von Hippel (but also Teller)– Public Scientists

Page 7: Scientists & Agencies

Politics

Page 8: Scientists & Agencies

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…

Page 9: Scientists & Agencies

Agency Motivations:

Institutional Models

Capture, Minimum Coalitions,and Regional Struggles.

Bureaucratic Player Models

“Climbers,” “Zealots,” “Advocates,” and “Statesmen.”

Agency Culture & Self-SelectionEPA vs. NOAA vs. FAA, AEC.

Politics

Page 10: Scientists & Agencies

Waxman ReportCommittee Choices

– “Unqualified Individuals”– Industry Ties & Ideological Agendas – Opposing Qualified Individuals.– Removing Robert Watson from IPCC

Censoring Web SitesCensoring Reports to CongressScreening Manuscripts on “Sensitive Issues”

Is Waxman objective?

Politics

Page 11: Scientists & Agencies

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

Page 12: Scientists & Agencies

Establishing Legislation & Self-Selection

Reagan & EPALeaks Budget freeze, OMB Review,

hostile appointees.

Bush & EPA

Page 13: Scientists & Agencies

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

Page 14: Scientists & Agencies

Bush Administration & Mercury Emissions

“Achievable Standards”34 tons (or else)E-Mails and Multiple Modeling RunsEPA should do “an unbiased analysis…”

Page 15: Scientists & Agencies

Where DoesScience Fit In?

Political Struggle as NormIs the Townes Solution Stable?

Fighting to Control Trusted IntermediariesNAS CommitteesGore and Revelle

Page 16: Scientists & Agencies

Law

Page 17: Scientists & Agencies

Who’s In Charge?

Legislative MandatesA Non-Delegation Doctrine?

-- OSHA: Protection “to the extent feasible.”

Procedural Requirements-- OSHA and “Substantial evidence

test.”

Law

Page 18: Scientists & Agencies

Who’s In Charge?

The Executive BranchIndependent vs.Executive

Agencies

Procedural Due Process“Liberty & Property Interests”

Law

Page 19: Scientists & Agencies

Administrative Procedure ActRule Making: Standards & Limits.

Notice and CommentPeanut Butter, Vitamin Supplements

Adjudication: Permits & Fines.Formal Hearings (ALJ’s)

Federal Advisory Committee Act

Law

Page 20: Scientists & Agencies

Judicial ReviewEmphasizes RationalityAvoids Political Choices

Enforces Congressional WillPolitical Question Doctrine

Enforces Procedural Due ProcessTransparency

Law

Page 21: Scientists & Agencies

Judicial Review ctd….

“Substantial Evidence”

-- Jury-like standard.

-- Substantial evidence does not mean “correct.”

Law

Page 22: Scientists & Agencies

Judicial Review ctd….

“Arbitrary, Capricious or Abuse of Discretion.”

-- Clear error of judgments or failure to consider all factors.

Law

Page 23: Scientists & Agencies

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.

Law

Page 24: Scientists & Agencies

Judicial Review & Science ctd….

But: Courts Must Not “Abdicate.” Building a record.

But: Agency cannot make rules based on “hunches” or “guesses.”

Practical Consequences:

Cost, Delay, Uncertainty

Law

Page 25: Scientists & Agencies

Where DoesScience Fit In?

Competition is good (again).

Litigation-Type ProblemsPapering the Record.Building in Error

Page 26: Scientists & Agencies

A Sensible Outcome?

Page 27: Scientists & Agencies

Rational vs. Democratic

Do We Have the Mix Right?How Would We Know?Detecting The Wrong Mix…

Page 28: Scientists & Agencies

Regulation – The Good NewsAcceptability declines with number of people exposed.

Voluntary risk limits are ~ Disease risk

We regulate involuntary risk 1000x more than voluntary risk.

Page 29: Scientists & Agencies

Regulation – The Bad NewsAcceptability rises with cube of benefits.

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 !

Page 30: Scientists & Agencies

Discussion

Page 31: Scientists & Agencies

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.”

Discussion