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Lawyers For Mining Companies Threaten Scientific Journals

An anonymous reader writes "ScienceInsider got hold of a threatening letter that lawyers for the mining industry sent to various scientific journals (PDF) concerning data from the U.S. 'Diesel Exhaust in Miners Study.' Many occupational health researchers believe the study will show a link between diesel exhaust and cancer. A handful of scientists have commented on the letter and its implications."

20 of 205 comments (clear)

  1. Re:Link not working by wbav · · Score: 5, Informative
    --

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    Unix is very user friendly, it's just picky about who its friends are.
  2. Wrong link in summary by kimhanse · · Score: 5, Informative
  3. Hmmm... Let's see... by TWX · · Score: 5, Insightful

    1) put lots of (mostly) men down in holes in the ground.

    2) Give them powered machinery that predominately runs on diesel power.

    3) Fail to properly ventilate the hole in the ground (citation: all of the major mining disasters in the US in recent memory have cited poor ventilation and air circulation).

    4) Act surprised when combustion gas fumes and particulates demonstrate being bad for said men?

    5) Profit!

    I guess we figured out the "???" step...

    I understand the importance of mining. I understand also that the direct cost of what we purchase as finished products is based in part on extraction costs of those raw materials that go into finished products, but I have a hard time believing that minor increases in extraction costs because of safety and equipment improvements would massively increase the costs of finished products, and honestly, I'd be willing to pay a little more for something if it means I'm not at least mildly culpable in killing people in order to get it.

    --
    Do not look into laser with remaining eye.
  4. "Threaten"? by Anonymous Coward · · Score: 5, Informative

    Not to stick up for the mining companies, but the letter actually seems like it's asking publishers nicely.

    1. Re:"Threaten"? by mspohr · · Score: 4, Insightful

      It is a polite "lawyer talk" letter which points out they they have already sued the US Government to suppress the results of the study and they have lined up some well paid congressmen to suppress the results of the study and they are "just sayin" that it would really be a shame for anything bad to happen to that nice journal you have there and that if you all go along with the game here to suppress the results of the study then we will leave you alone... for now.

      --
      I don't read your sig. Why are you reading mine?
  5. So? by Troyusrex · · Score: 4, Informative

    The lawyers aren't being egregious, they are just making people aware of ongoing litigation and court orders that might land them in the middle of something they don't want to be in the middle of if they publish. I don't think it's extortion as they don't claim they will sue if the study is published, they just warn the publication there's an ongoing issue and an injunction. Moreover, it makes it clear that it's only a 90 day restriction. Without reading the lawsuit I can't judge at all if the mining industry is being nasty and litigious to the authors or if they have a valid claim but either way warning publications to talk to counsel seems like a good idea.

    1. Re:So? by phantomfive · · Score: 4, Informative

      90 days after the complaints have all been addressed.

      Really? My reading of the court order (in the first link that doesn't work) says 90 days after they provide the paper to the opposing side in the lawsuit. 90 days after that, they can do whatever they want. Here is the relevant part from the court order, so you can interpret it yourself:

      IT IS FURTHER ORDERED, as agreed to by Plaintiffs, that Plaintiffs and Plaintiff's counsel, agents, or contractors shall not disclose or disseminate further the drafts, data, or materials produced hereunder during the 90 days commencing on the date the Defendants send those drafts to Plaintiffs except for the purpose of making comments about the drafts to defendants, the publishing journals, or to the Congressional Committee.

      Also, here is another paragraph from the court order that explains why the lawyers sent the letter in the first place:

      IT IS FURTHER ORDERED that defendants immediately inform all recipients, including journals, of the above described study draft reports, not yet published, that they are prohibited from further distribution of said drafts until at least 90 days after Defendants have complied with this order

      --
      "First they came for the slanderers and i said nothing."
    2. Re:So? by MightyMartian · · Score: 4, Insightful

      It's a scientific study. You attack it on its merits or lack thereof. A legal challenge to the publication of scientific is a direct attack on science.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  6. There's a court order here... by PhysicsPhil · · Score: 5, Informative

    It seems that this report is the subject of litigation, and there is a court order outstanding that says:

    IT IS FURTHER ORDERED that Defendants immediately inform all recipients including journals (emphasis mine) of the above described study draft reports, not yet published, that they are prohibited from further distribution of said drafts until at least 90 days after Defendants have complied with this Order;

    The "threatening" letter, which seems to be from the Plaintiffs in the action, informs the journal that the report is the subject of litigation, draws their attention to the court order, informs the journals that the Plaintiffs don't think the Defendant has yet complied with the court order and asks them to check with their legal counsel before publishing.

    This isn't a standard "publish and we'll sue" letter, it's "publish and you risk contempt of court". It looks like an advisory letter rather than a direct threat.

    1. Re:There's a court order here... by SydShamino · · Score: 4, Informative

      Any press publication with a two-bit lawyer will laugh at a judge who issues an injunction to prevent publication of a factual story.

      They'll go back through the story with a fine-toothed comb and make sure everything is 100% based on reliable sources, but they'll publish nonetheless and have the full backing of the Constitution as their defense.

      --
      It doesn't hurt to be nice.
  7. Re:Hmmm... Let's see... by Hoi+Polloi · · Score: 4, Insightful

    Because mining jobs don't look fun and "empowering" on brochures.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  8. Re:it's by bipbop · · Score: 4, Funny

    If you care about that, you might also care that "myself" is a reflexive pronoun, and there's no reflexive action here. Your use is a hypercorrection.

    (Of course, according to Muphry's Law, this post will have an error in it somewhere, too.)

  9. Re:Hmmm... Let's see... by timeOday · · Score: 4, Insightful

    I have a hard time believing that minor increases in extraction costs because of safety and equipment improvements would massively increase the costs of finished products

    But that's just it - even if drastically improving the workers' health adds just a few cents per ton, and even if it saves a hundred times that in health care costs down the road, the market will still drive production to whoever does NOT do those things, because they'll be two cents cheaper.

  10. Re:Hmmm... Let's see... by snowgirl · · Score: 5, Insightful

    I wonder why we see considerably more "we need more women in science/engineering", but we don't hear much (if anything) about more women in mining.
    Where's the equality police?

    Most concern about under-representation is for desirable jobs. I never saw people complaining that white people are underrepresented in fast food restaurant service staff in Seattle. Why? Because it's not a desirable job, and population representation is really only of significant importance with desirable jobs.

    When you have 500 applicants lined up for one job, then it's more likely that you will fill job positions statistically consistent with the population, but when you have 50 slots open per single applicant, then your job population will statistically represent those people who apply, and a lack of one particular subpopulation will usually indicate less of a "we don't hire people with trait XY" and more of a "we hire everyone who applies, but people with trait XY don't apply."

    This should always raise the question of "why are people with trait XY not applying?" but the answer for undesirable jobs is easy: because the jobs are undesirable. However, for desirable jobs (like software engineer, doctor, engineer, lawyer, etc), the question becomes much harder. Supposedly, these jobs are highly desirable, so why would people with trait XY not be applying?

    --
    WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  11. So...lawyers blocking publication? by Kupfernigk · · Score: 5, Insightful
    It seems to me that this is utterly backwards. The scientific journals should be sending cease-and-desist to the lawyers, saying that a peer reviewed study is pending and all litigation should cease until 90 days after it has been published.

    Sound stupid? But the idea that lawyers are the best judge of science is currently having more and more of a throttling effect on the USA. In fact, if you weigh in sociology and experimental psychology, it can be argued that scientists should have more part in law making than at present. Though the concept that people who make laws should have exact knowledge of something might adversely affect some politicians.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  12. Re:Right-wing anti-science by compro01 · · Score: 4, Insightful

    Why would mining companies care about Global Warming?

    No idea. Haven't a clue why companies that mine coal would care about global warming or related regulation. It obviously wouldn't have any effect on them or their market.

    --
    upon the advice of my lawyer, i have no sig at this time
  13. Re:Anonymous and Wikileaks please help! by ColdWetDog · · Score: 4, Insightful

    No, Annoymous and WikiLeaks should not publish this. The journal should. This, folks is how science is done:

    1. Do research
    2. Publish research
    3. Critique research

    Critique can include request for information concerning materials, methods and results. BUT you don't do that before the results are published. They diesel dudes will get their day in court and in the lab, they just have to sit on their hands for a bit. But coopting the system is a very, very bad precedent.

    --
    Faster! Faster! Faster would be better!
  14. Re:it's by amck · · Score: 4, Informative
    To quote the Oracle, wikipedia:

    Muphry's law is an adage that states that "if you write anything criticizing editing or proofreading, there will be a fault of some kind in what you have written". The name is a deliberate misspelling of Murphy's law.

    --
    Anyone who believes exponential growth can go on forever in a finite world is either a madman or an economist
  15. Re:Hmmm... Let's see... by gstoddart · · Score: 4, Insightful

    only for companies dumb enough to make such a short term decision.

    Have you not been paying attention? In the last 10 years or so, both the stock market and the way most companies has become very focused on short-term decisions. Long-term thinking seems to have gone away.

    Now it's all about meeting your quarterly numbers so the executives can get their bonuses ... by the time any of this "future" stuff you talk about comes along, they'll have moved onto other companies and it won't be their problem anymore. They don't invest in infrastructure or R&D to make sure they'll be viable in 10 years ... they cut, slash, and tweak to make sure that they're profitable in the near term.

    It also means they're leaving themselves a bunch of things which they'll never be able to properly fix, because by the time it becomes an issue they'll not be in a position to fix it. Kind of like having a baloon payment on your mortgage and ignoring that you don't have the money for it.

    Sadly, the stock market has come to expect this ... if you're not growing 10% every year (which is impossible to sustain indefinitely) you're "underperforming". I find it completely unsurprising that companies are acting penny wise and pound foolish ... the incentive is to save the pennies now and look good on paper, and hope that down the road is someone else's problem.

    In part, I blame the shift in management that happened when all of a sudden you had people who only had a business education, no actual experience, and no experience in the industry they're working in. It became a purely "cut costs/increase performance bonuses for the management team" mentality.

    --
    Lost at C:>. Found at C.
  16. Re:it's by ObsessiveMathsFreak · · Score: 4, Insightful

    If you are a mining industry PR man paid to defuse any discussion of this problem on geek sites, you could not have more successfully torpedoed budding slashdot discussions than in the way you have just done with this first post.

    If so, I stand humbled. Disgusted, but humbled.

    --
    May the Maths Be with you!