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Senate Advances "Secret Science" Bill, Sets Up Possible Showdown With President

sciencehabit writes: Republicans in Congress appear to be headed for a showdown with the White House over controversial "secret science" legislation aimed at changing how the Environmental Protection Agency (EPA) uses scientific studies. A deeply divided Senate panel yesterday advanced a bill that would require EPA to craft its policies based only on public data available to outside experts. The House of Representatives has already passed a similar measure. But Democrats and science groups have harshly criticized the approach, and the White House has threatened a veto.

355 comments

  1. Toad by For+a+Free+Internet · · Score: 4, Insightful

    Secret toad controls Congreff. Secret toad has poison webs in its eyes. Secret toad is behind all NATO exercises and World Bank. Secret toad controls air with secret toad poison rays and mind controff.

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    1. Re:Toad by basecastula+ · · Score: 1

      I thought it was a secret lizard

    2. Re:Toad by Khyber · · Score: 1

      "mind controff.'

      Given that L is nowhere near F you must be doing enough of their drugs.

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      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  2. Why is this even a debate? by Anonymous Coward · · Score: 5, Insightful

    Making decisions based on research that can't be independently validated or audited is the very definition of junk science. I mean, I know that the pay journals would love to see open access go away, but that's just their flawed business model talking.

    1. Re:Why is this even a debate? by mi · · Score: 1, Insightful

      The sad part is that such an obvious question had to be asked. The saddest is that it had to be asked anonymously...

      --
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    2. Re:Why is this even a debate? by hey! · · Score: 3, Informative

      One of the effects of the bill will be to make it impossible to use data from large scale public health studies. The raw data is secret for privacy reasons and for practical purposes impossible to replicate. For example the highly respected Framingham Heart Study has been running since 1948; under the terms of the bill its results couldn't be used in setting policy because the data are simply impossible to replicate.

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    3. Re:Why is this even a debate? by Darinbob · · Score: 4, Insightful

      EPA is not necessarily a science creating organization, it's a policy creation and enforcement organization. It doesn't necessarily have to have solid science established and well accepted before it is allowed to make regulation. It gets input from many sources, some of which are lies, and then forms a policy. Under some administrations it errs on the side of caution, and with other administrations it errs on the side of profit.

      As in, there is evidence that chemical A may cause cancer or is killing off some fisheries. One side wishes that to be enough to limit use of chemical A or to require safety measures against spills. The other side wishes to continue using chemical A until there is absolutely undeniable proof (which will never occur). But the EPA is not creating the science here, instead it is acting in the public's interest based upon existing scientific studies and evidence.

    4. Re:Why is this even a debate? by BradMajors · · Score: 4, Informative

      The terms of the bill covers this situation and the results from that study would be allowed.

    5. Re:Why is this even a debate? by AK+Marc · · Score: 4, Informative

      The wording would make new analysis of 3rd party data illegal. It would shut down lots of legitimate science that's done on license. You can verify it, but you have to pay for access to the data. If this was a budget bill increasing funding for research that would "buy" the data from private sources, that would be good, and undebatable. But for something designed to limit science and reduce learning, there is room for debate.

    6. Re:Why is this even a debate? by mi · · Score: 1, Flamebait

      The wording would make new analysis of 3rd party data illegal.

      Citations?

      It would shut down lots of legitimate science that's done on license.

      Before we continue — citations?

      there is room for debate

      Imagine, for a second, the evil RethugliKKKans trying to mandate use of open source software by a government agency — and Slashdot opposing it...

      --
      In Soviet Washington the swamp drains you.
    7. Re:Why is this even a debate? by pepty · · Score: 2

      Making decisions based on research that can't be independently validated or audited is the very definition of junk science.

      You do reallze you just included all medical research that respects the confidentiality of human subjects?

    8. Re:Why is this even a debate? by AK+Marc · · Score: 0, Troll

      Citation? TFB (The Fucking Bill). I've read it. The "openness" required would ban funding most analysis science, and that's the type used for long-term health studies and climate. The Conservatives are happy to kill innocents to push their personal opinion as law. They are so afraid of AGW that blocking most medical research wouldn't matter to them.

      You act like you haven't read the bill. Or you don't know how studies are done.

    9. Re:Why is this even a debate? by AK+Marc · · Score: 2

      By your standard, banning lead in gasoline was a junk decision. But subsequent studies showed that the level of damage the EPA presumed was below the actual damage. Sometimes it's best to act from our best guess, even if we can't substantiate it properly at that point. It's right more than it's wrong.

    10. Re:Why is this even a debate? by mi · · Score: 5, Insightful

      I've read it.

      So cite the parts you find offensive...

      The Conservatives are happy to kill innocents

      Bravo! This sentence alone explains everything about you. Very well put, except for one minor nit: In such context, the word is spelled KKKonservatives. Otherwise perfect.

      Or you don't know how studies are done.

      I do. And one of the requirements for a scientific finding, is that it be reproducible .

      --
      In Soviet Washington the swamp drains you.
    11. Re:Why is this even a debate? by silentcoder · · Score: 5, Informative

      >One of the effects of the bill will be to make it impossible to use data from large scale public health studie

      That's not an effect, that's the GOAL. The Republicans have a problem preventing sensible regulations around things like air pollution and climate change backed up by solid scientific research - so they are trying to make the science that backs it up illegal.
      Science that is not "secret" by any definition that applies to the scientific method at all - which is why scientists around the US has denounced the bill. There is no problem with reproducability at all.

      What does put SOME access restriction on these large public health studies is that, because of when they were done, they were not anonymous. The only "secret" bit about them is confidential patient information. What the republicans want to do is exclude from scientific research all data that is covered by patient privilege.

      Which is insane.

      --
      Unicode killed the ASCII-art *
    12. Re:Why is this even a debate? by Cytotoxic · · Score: 4, Insightful

      I know that is the talking point they've decided to go with, but it simply isn't true. I ran the lab for an 8 center trial covering nearly 9,000 cancer patients. We didn't get any personally identifying data - just a number. (unless the nurse of phlebotomist made a mistake and wrote the patient name on the vial). Our couple-million data points were all tied to a number. The number tied back to a list of data about the patient - not including anything personally identifying.

      I can't speak for every research situation, but claiming that medical research requires violations of patient confidentiality is specious. It clearly does not in most cases. I suppose if you were studying something rare like breast cancer among post-operative transgendered males you might run into some difficulties with identities being discoverable, but I don't think that's enough to claim the whole thing to be null and void.

    13. Re: Why is this even a debate? by Anonymous Coward · · Score: 2, Insightful

      As a government body responsible for regulation we should be requiring transparency. Any studies commissioned with public funding should be available to the public.

      I am not sure how anyone can seriously advocate that a government regulatory body be exempt from explaining its decisions that affect the public.

      When you decide you don't need to ask questions about their sources just because their conclusions align with what you already believe, that is bias.

      Imagine if under the next administration the EPA reversed its position on climate change. Those opposing this would certainly be the first demanding evidence and an explanation, not simply accepting "Haliburton completed the research, and their data isn't publicly available, sorry."

    14. Re:Why is this even a debate? by dcw3 · · Score: 1

      Conservatives are happy to kill innocents to push their personal opinion as law

      You lost what little credibility you had.

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    15. Re:Why is this even a debate? by The+Grim+Reefer · · Score: 2

      You do reallze you just included all medical research that respects the confidentiality of human subjects?

      As someone who has been involved in several hundred medical research projects (at various institutions), I'm calling BS on this. While some multi-center studies may receive data with patient identifiers, they will either be rejected or scrubbed of these identifiers prior to being added to the database and being analyzed. If an institution is too incompetent to do this, then I'd question the validity of their results anyhow.

    16. Re:Why is this even a debate? by dywolf · · Score: 0

      I've covered before how your second grade understanding of science is insufficient.
      Please do go back and review the lesson again.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    17. Re:Why is this even a debate? by Anonymous Coward · · Score: 0

      The liberals have been using the EPA as an extra tax on political rivals for decades - founded mostly on junk science. If they have to give citations for their actions it will effectively cripple their ability to abuse their authority.

    18. Re:Why is this even a debate? by Anonymous Coward · · Score: 0

      EPA is not necessarily a science creating organization, it's a policy creation and enforcement organization. It doesn't necessarily have to have solid science established and well accepted before it is allowed to make regulation.

      That is the dumbest thing I've read in my life.

    19. Re:Why is this even a debate? by Khyber · · Score: 0

      Instead of being a lazy fuck, how about you EDUCATE YOURSELF AS AN ADULT?

      Oh, no, you're still too much of a baby, requiring things to be spoon-fed to you.

      People like you make me fucking sick.

      ~An International Research Director that keeps your ignorant ass full of food

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    20. Re:Why is this even a debate? by Khyber · · Score: 0

      No, in fact, those of us that have dealt with this system before know it's the abject truth.

      You must be one of those raised in the comfort of mommy's bosom children.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    21. Re:Why is this even a debate? by Khyber · · Score: 1

      the terms of the bill want to exclude from scientific research all data that is covered by patient privilege.

      If you're that ignorant, you need your fucking voting privileges stripped, and on top of that any 'Scientific' degree you may hold needs to be revoked on top of that.

      --
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    22. Re:Why is this even a debate? by dcw3 · · Score: 0

      WTF are you mumbling about?

      --
      Just another day in Paradise
    23. Re:Why is this even a debate? by Anonymous Coward · · Score: 0

      You keep repeating this garbage. Go home, you're drunk.

    24. Re: Why is this even a debate? by AK+Marc · · Score: 1

      The study should be available, but many health studies are done with non-anonymized "raw" data. To require the "raw" data be made available would break other laws on privacy, HIPAA, and such.

      So the effect is that this law would end various types of health research. The Conservatives would end all research into heart disease just to stop $10 going to AGW studies. That's why it needs debate.

    25. Re:Why is this even a debate? by AK+Marc · · Score: 1

      That's the clear result of this bill. The Conservatives are so focused on getting what they want, that they refuse to consider any side effects. They are trying a back-door funding block to AGW studies that instead will end many medical studies. And pointing it out gets me attacked, which doens't harm my credibility, but proves my point.

    26. Re:Why is this even a debate? by Fortran+IV · · Score: 1

      First time reading Slashdot, I guess?

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    27. Re:Why is this even a debate? by Khyber · · Score: 1

      If you don't understand English and can't follow the full conversation, you should go back to school.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    28. Re:Why is this even a debate? by Anonymous Coward · · Score: 0

      Not the poster, just a grammar Nazi.

      You must be one of those "raised in the comfort of mommy's bosom" children.

      The comparison is lost on me as well, but it's at least legible now.

    29. Re:Why is this even a debate? by dywolf · · Score: 1

      Ok since the mods wants to mod up idiots today and mod down call outs of bad information, here:

      http://undsci.berkeley.edu/art...

      Again: your understanding of the scientific method has not progressed beyond the oversimplified version you learned in the 2nd grade.

      No, it is not always reproducible.
      Reproduction is simply one possible avenues of peer review, but not the only one.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    30. Re:Why is this even a debate? by pepty · · Score: 1

      The number tied back to a list of data about the patient - not including anything personally identifying.

      Now that is specious, considering how little it takes to de-anonymize data and how often it will include genetic info in the future.

    31. Re:Why is this even a debate? by pepty · · Score: 1

      While some multi-center studies may receive data with patient identifiers, they will either be rejected or scrubbed of these identifiers prior to being added to the database and being analyzed.

      Things like age, sex, geographic location, occupation, genetic information, and medical histories are also patient identifiers. If you scrub those you can't even determine whether the subject should be in the study, let alone score them or put them in subgroups.

  3. EPA has exceeded safe limits, needs curbing by sideslash · · Score: 0, Troll

    The EPA under the current administration has been going a little crazy with expanding its oversight into areas it's not really entitled to oversee. For example, it is not at all clear that the EPA should be regulating carbon dioxide as a pollutant. There isn't a compelling scientific case for it, nor is there legislation that covers it. The EPA has been overdue for a smackdown to draw it back to a more focused and appropriate mission.

    1. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 3, Insightful

      There is ample evidence of Ocean acidification to suggest that CO2 needs to be treated as a pollutant.

    2. Re:EPA has exceeded safe limits, needs curbing by NicBenjamin · · Score: 4, Informative

      The scientific case for regulating CO2 as a pollutant is completely, utterly, and totally irrelevant.

      The Supreme Court ruled that the agency is legally required to regulate CO2 back in 2007, and the Supreme Court is by definition right on all points of law. Buch was able to put off actually regulating the dang things, so the Obama administration didn't have draft regs ready until '10, but legal case for regulating CO2 is decided.

    3. Re:EPA has exceeded safe limits, needs curbing by TapeCutter · · Score: 3, Insightful

      Pollutant = A resource in the wrong place, as in "do not pollute my scotch with water". The evidence of harm caused by 1/2 trillion tons of CO2 in the wrong place may not be clear to you, but it is to almost everyone who has actually looked at it with a scientific eye. AFAICT the senate republicans think an appropriate mission for the EPA is to STFU and mow the whitehouse lawn.

      --
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    4. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      Republicans magically know more about science than the EPA?
      Well isn't that special...

      We could just forget about the EPA and adopt all of the rules that apply in the EU and those from California too..
      That would likely make some products more appealing for export.

      What's this GOP compromise getting the EPA to use computer models without use of any actual test wells to evaluate fracking-related water impacts? People are claiming that no one is willing to drill the test wells???

      If collusion is that rampant, it is time to call in the Army Corp of Engineers.
      They certainly have the skills and honesty needed.

    5. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 0, Troll

      Perhaps their mission should be to mow the whitehouse lawn. There certainly is no constitutional basis for the EPA to exist anyways.

      That being said, what exactly is your problem with requiring all information the EPA uses to set policies be open to the public and able to survive scientific scrutiny? I would think you of all people would be championing this transparency as well as the stability the rigor of the scientific process could give as they justify their moves. Perhaps you only don't like it because republicans want it to happen?

    6. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 0, Offtopic

      OK, Ocean acidification is a compelling argument. I think the jury is still out since it's such a new field of study. With global warming the jury is definitely still out.

    7. Re:EPA has exceeded safe limits, needs curbing by ZombieDonut · · Score: 3, Insightful

      There's not only plenty of scientific evidence, there's also legislation and a Supreme Court ruling supporting it. Just because your belief system rules out the facts, it doesn't make them any less true.

    8. Re:EPA has exceeded safe limits, needs curbing by ZombieDonut · · Score: 2, Insightful

      One mention of the EPA and we're already at BIG GUBERMENT CO2 neck collars. I can't believe someone so dumb can use a computer, let alone reads /.

    9. Re:EPA has exceeded safe limits, needs curbing by lgw · · Score: 0

      ut it is to almost everyone who has actually looked at it with a scientific eye.

      So then, forcing the EPA to base that decision on publicly available science (actual peer reviewed papers and such), is fine then, right?

      I don't think this bill is anything to do with global warming - the EPA has over the years pissed off many, many people by telling them they can't build on their own land "because reasons". It's one thing for the EPA to tell you the land you own is nearly worthless because "here's the established science that says your land use would hurt everyone else", most people are fine with that, but when they say "we're not even going to tell you why, we're basing it on secret stuff" is seriously not the kind of government America should have.

      --
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    10. Re: EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 1

      Are you trolling or just stupid? If you aren't trolling I suggest you bother to check your facts.

    11. Re:EPA has exceeded safe limits, needs curbing by penix1 · · Score: 4, Informative

      There certainly is no constitutional basis for the EPA to exist anyways.

      Why do people keep saying shit like this?

      Section 8 - Powers of Congress
      The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States ; but all Duties, Imposts and Excises shall be uniform throughout the United States;

      It's the Congress that created the EPA. It's the Congress that funds them. It's the Executive that controls them in accordance with the laws passed by... Wait for it... CONGRESS. All that based on the "General Welfare" clause of the Constitution.

      Or maybe you are suggesting that control of commons should be relinquished to the corporations?

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    12. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      Democrats just want to steal land from people because they more than anybody know how to spend your money.

    13. Re:EPA has exceeded safe limits, needs curbing by penix1 · · Score: 1

      I am not going to argue whether or not "secret science" should be used by the EPA. I will point out the hypocrisy in there is no difference between the EPA using "secret science" and the FDA using "secret science" when approving drugs. If you are going to ban it in one regulatory agency then you should ban it in all regulatory agencies.

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    14. Re:EPA has exceeded safe limits, needs curbing by BradMajors · · Score: 1

      The SCOTUS's opinion is effectively conditional on CO2 being a greenhouse gas that can endanger public health or welfare.

      The SCOTUS does not "judge" science. They based their decision on what other organizations have said. In other words, the SCOTUS has never "judged" whether or not CO2 is a pollutant.

    15. Re:EPA has exceeded safe limits, needs curbing by Darinbob · · Score: 2

      The reason people don't want EPA to cover CO2 is not because of science, but because it potentially eats into oil and energy profits.

    16. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      Yes, you go first.

    17. Re:EPA has exceeded safe limits, needs curbing by roc97007 · · Score: 1

      I am not going to argue whether or not "secret science" should be used by the EPA. I will point out the hypocrisy in there is no difference between the EPA using "secret science" and the FDA using "secret science" when approving drugs. If you are going to ban it in one regulatory agency then you should ban it in all regulatory agencies.

      Shrug. That works for me. Although we may have to work on them one agency at a time. Tell you what. You help with the EPA and I'll certainly help with the FDA (that sounds like a good idea anyway).

      --
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    18. Re:EPA has exceeded safe limits, needs curbing by Darinbob · · Score: 4, Insightful

      There is a very clear constitutional basis. The environment is very key to interstate commerce without any doubt. If you could confine the environment to every state's borders then perhaps things would be different, and Ohio could be full of burning rivers as long as Illinois is not affected.

      But according to some nuts, under the constitution the feds can't do anything except manage wars. The constitution as it existed in 1781 is not the same as it is today. People forget all the amendments, all the judicial decisions, and the great big massive war we had that overturned the constitution so that slavery could finally be abolished which resulted in a strong centralized federal government no matter what the hell the founding fathers who owned slaves would have wanted.

    19. Re:EPA has exceeded safe limits, needs curbing by Gr8Apes · · Score: 1

      It's also why they are trying to kill solar.

      --
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    20. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 2, Informative

      Why do people keep saying shit like this?

      because there isn't and your reading of the US constitution fails basic comprehension.

      Section 8 - Powers of Congress
      The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States ; but all Duties, Imposts and Excises shall be uniform throughout the United States;

      While this general welfare clause has been expanded over the years, it still fails on several levels. The courts have only allowed the general welfare clause to be used with the taxing and spending powers of congress. No court and no competent constitutional authority has ever said it extends congress's powers to create departments that can make law independent of congress or constitutional processes nor have they used the clause to establish fines and/or imprisonment terms to anyone. There is simply no constitutional basis for it.

      It's the Congress that created the EPA. It's the Congress that funds them. It's the Executive that controls them in accordance with the laws passed by... Wait for it... CONGRESS. All that based on the "General Welfare" clause of the Constitution.

      And the general welfare clause would allow this to happen only if every single regulation, fine, or punishment was voted on, passed and signed by congress and the president. Do you see the disconnect here?

      Can congress create a department of the second amendment, staff it with a bunch of people who create regulation saying you have to own at least 3 guns per person in the household, molest your children at least once in their life time, spin in circles twice before taking a piss all without congressional action? Can the EPA make any of these regulations? The answer is no to all because there is no constitutional authority for it. The only difference is how silly the regulations might be but the general welfare claim can be made just the same.

      If congress had free reign over anything it could construe to be in the interest or general welfare, then why is Abortion out of their grasp? In order for your presumption to be true, they must be able to create a department of abortion that could impose a tax penalty or jail terms on everyone who performs or haves an abortion. But that simply is not possible because the general welfare clause does not do what you think it doe. It would however, allow congress to tax and spend money either encouraging or discouraging abortions.

      Or maybe you are suggesting that control of commons should be relinquished to the corporations?

      Maybe you should think a bit before posting. Perhaps study a bit on what you are posting about.

    21. Re:EPA has exceeded safe limits, needs curbing by sycodon · · Score: 1

      Your reading implies that Congress can do pretty much whatever the fuck it wants if it deems it to be for the General Welfare. That pretty much flied in the face of the idea of limited government, which is the central pillar of our Constitution.

      --
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    22. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 2, Interesting

      California, the land where silica(glass) causes cancer? The place which passed a physically impossible laws about electricity? That wretched hive of clueless nutballs? I'm all for cutting CO2, and fossil fuel usage, but basing anything legal off California is asking for trouble.(I am assuming everyone here knows how to google to find what I've referenced)

    23. Re:EPA has exceeded safe limits, needs curbing by sycodon · · Score: 1

      No government policy should be based on anything that can't be seen or challenged by the public except in emergency situations or national security. Anytime anyone in authority says "Because I say so" when making law, you should be suspicious.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    24. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 2, Informative

      SCOTUS ruled that CO2 meets the definition of "pollutant" in the Clean Air Act, and that EPA therefore has to define a regulatory mechanism. They did not rule on "science" - they ruled on law. EPA must use science in the manner prescribed in the CAA to come up with regulations, and has fairly broad discretion (subject to lawsuits regarding its interpretation of the CAA by any and all participants) regarding how to do that.

      Many of the things that appear to be "out of control" EPA by anti- (and even some pro-) regulation types are in fact required by their enabling legislation. For instance, when setting air quality standards, EPA is prohibited by the Clean Air Act (as interpreted by several courts) from considering the feasibility and cost of actually achieving the standard. They can only consider documented health effects, and whether compliance with the new standard(s) would avoid or minimize those effects with a margin of safety. That may seem unreasonable to some, but it's the law.

    25. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      First, judicial decisions do not change the constitution, only amendments brought about in two specific ways can do that.

      Second, the American civil war was not about slavery so much as it was about preserving the union. Granted, the constitutions underwent new interpretations at the time, but slavery ended with the passage of the 13th amendment.

      Now, on to your meat or guts of your argument. Congress might have a role in regulating pollution between the states. But that still does not form the basis of the creation of a body within the government that can on their own, create law, proscribe fines and punishment, and even ban commerce or trade entirely all outside constitutional processes. It's simply not there. Congress has to make the laws, congress has to put the fines and imprisonment in place, congress have to ban the trade and they have to do it by voting in certain ways on bills, they have to get the president to not veto them or they need to vote in another way to go around the president.

      Call me a nut all you want, it doesn't diminish the fact that the congress is supposed to be doing what the EPA is doing and while congress could establish the EPA and take their advice, there is absolutely no constitutional basis to abdicate their power to the EPA or even bypass constitutional process demanded of them.

    26. Re:EPA has exceeded safe limits, needs curbing by NicBenjamin · · Score: 2

      All Court Judgements are conditional.

      The Judgement against OJ for beating those memorabilia collectors up was conditional on there not being new evidence that Prosecutors made the whole thing up.

      Given the evidence available in 2007, the Courts ruled global warming was real and CO32 was a pollutant. Since then the evidence has just grown. Temperature's spiking (9 of the hottest 10 years are within the past decade), the ice caps are melting, and the counter-points you're talking about are all fantasy from a Think Tank of wannabe social scientists. From their website, they seem to have a couple actual Education experts, a couple guys with bachelors degrees, and a Philosopher.

      And if this was not the case, don't you think every coal plant in the country would be appealing Massachusetts vs. EPA for all they're worth?

    27. Re:EPA has exceeded safe limits, needs curbing by penix1 · · Score: 2

      While this general welfare clause has been expanded over the years, it still fails on several levels. The courts have only allowed the general welfare clause to be used with the taxing and spending powers of congress. No court and no competent constitutional authority has ever said it extends congress's powers to create departments that can make law independent of congress or constitutional processes nor have they used the clause to establish fines and/or imprisonment terms to anyone. There is simply no constitutional basis for it.

      It is your reading comprehension that needs adjusting. The departments don't create the law. They enforce it. That is what I said. It was Congress that created the department as the Constitution allows.

      Can congress create a department of the second amendment, staff it with a bunch of people who create regulation saying you have to own at least 3 guns per person in the household, molest your children at least once in their life time, spin in circles twice before taking a piss all without congressional action? Can the EPA make any of these regulations? The answer is no to all because there is no constitutional authority for it. The only difference is how silly the regulations might be but the general welfare claim can be made just the same.

      Again, it isn't the EPA creating the regulations. It is Congress. The EPA is merely enforcing the regulations that Congress created. If you want to know the specific act it is NEPA. I leave it as an exercise for you to look it up.

      The rest of your post is totally nonsense repeating the same line you refused to understand... Namely that Congress created the EPA and Congress has the power to destroy it. But know the consequences when you do. Things like the Gulf spill will go unaddressed. The Freedom Enterprises MCHM spill would have no legal recourse. The impoundment failure in Tennessee would be common place. Not to mention Love Canal...

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    28. Re:EPA has exceeded safe limits, needs curbing by NicBenjamin · · Score: 4, Insightful

      Your reading implies that Congress can do pretty much whatever the fuck it wants if it deems it to be for the General Welfare. That pretty much flied in the face of the idea of limited government, which is the central pillar of our Constitution.

      Depends on how limited you want the limits to be. If you want the government to be small enough to drown in a bathtub, then yes, it flies in your personal idea of a limited government.

      OTOH, the Founders were explicitly creating a less limited government. They said flat-out it needed to be more powerful the the Articles of Confederation government because it had to be strong enough to keep the Brits out.

      If there'd been pollution in their day they almost certainly would have added inter-state pollution to the list of things the Feds had the right to regulate, because part of the point of their Constitution was keeping the states from fighting each-other over trivial shit. And you can bet your ass that if Pennsylvania had been able to have all the benefits of coal power, with none of the pollution, simply by siting the plants upwind from the rest of the state they'd have done that shit; New York would have responded by calling out the militia...

    29. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      Where is the "-1, Accurate Username" moderation option

    30. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      It's the Congress that created the EPA. It's the Congress that funds them. It's the Executive that controls them in accordance with the laws passed by... Wait for it... CONGRESS. All that based on the "General Welfare" clause of the Constitution.

      Or maybe you are suggesting that control of commons should be relinquished to the corporations?

      So will you please tell me again who controls and elects our congressmen?

    31. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 0

      It is your reading comprehension that needs adjusting. The departments don't create the law. They enforce it. That is what I said. It was Congress that created the department as the Constitution allows.

      lol.. perhaps I'm talking past you. please pay attention. The EPA creates law, regulation with the force of law. If congress had passed each and every regulation, we wouldn't be having this conversation.

      Again, it isn't the EPA creating the regulations. It is Congress. The EPA is merely enforcing the regulations that Congress created. If you want to know the specific act it is NEPA. I leave it as an exercise for you to look it up.

      Wrong. You are either ignorant of reality or completely misconstruing the situation for some purpose I can not fathom. The entire debate surrounding this law which requires the EPA to use science in the open revolves around the EPA's ability to create regulation/law independent of congress and how this will limit that.

      The rest of your post is totally nonsense repeating the same line you refused to understand... Namely that Congress created the EPA and Congress has the power to destroy it. But know the consequences when you do. Things like the Gulf spill will go unaddressed. The Freedom Enterprises MCHM spill would have no legal recourse. The impoundment failure in Tennessee would be common place. Not to mention Love Canal...

      lol.. Congress has absolutely no constitutional authority to create a separate law making body and abdicate their power to it and bypass constitutional mandates on passing laws. It has nothing to do with anything you just mentioned as congress can actually pass laws the EPA is doing themselves.

      You seem to have your head buried in the sand or something. The EPA is right now is creating regulation with the force of law along with penalties that will attack our energy production with absolutely no input from congress or constitutional law being passed by congress. If you look around, the battle cry of opposition to this open science law seems to be that without the secret science, the EPA wouldn't be able to do this. Congress may have the authority to pass the laws themselves, but not to direct an extra-constitutional law making body to bypass the constitution in their stead- and certainly not at the direction of the administration whomever that may be at any given point in time.

    32. Re:EPA has exceeded safe limits, needs curbing by phantomfive · · Score: 1
      If you really want to know why, here is how Thomas Jefferson explained it:

      “[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.”

      Note this is a controversy as old as the country itself, and is not likely to go away any time soon.

      --
      "First they came for the slanderers and i said nothing."
    33. Re:EPA has exceeded safe limits, needs curbing by diamondmagic · · Score: 2

      This point was rebutted by the people who wrote the general welfare clause, in Federalist 41.

      To paraphrase: But what color can your objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.

      Essentially, if the "general welfare" clause included things like a militia to defend the homeland, and post offices, as you presumably maintain, why even bother listing them separately?

    34. Re:EPA has exceeded safe limits, needs curbing by Darinbob · · Score: 2

      Judicial decisions do affect how things are interpreted when they are vague and when different parts of the law and constitution conflict with each other. And a great many things in the constitution are vague.

      The civil war was entirely about slavery, because the primary reason the union was in danger of breaking up was because of slavery. Most other issues for the war ultimately led back to slavery as the origin as well. It is true that many in the north were content to just continue being conciliatory and many weren't even concerned that much with slavery. But there was a rising tide as well and many were sick and tired of letting the south get their way out of fear of a union breakup (for example, the fugitive slave act). The fight over whether or not the new western states could have slavery was the hot issue that caused various pro-secession states to mobilize and start taking over union forts. The leaders of the confederacy made it clear in their speeches that the fight was about the right to own slaves, even if in the north the view was to maintain the union.

      The Marshall court allowed that the executive was allowed to have regulatory powers in order to implement the law (ie, the law is broad and the executive fills in the details). Later courts have refined this in various ways. The EPA was created by an act of congress, and it was not the first agency to have regulatory duties. If congress disapproves then they can create more restrictive laws, dictate the fines, etc.

    35. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      I love it when people pretend that when they can interpret the constitution in a way that supports their particular point of view they then regard it, for that point of view, as a holy scripture set down by the great forefathers.

      Morally there is clearly a case for the EPA and regulation of the commons. The focus of departments like the EPA should be to protect the rights of the many over the rights of the few, but staying within reason. I for one think that some departments go far too far though. Peoples rights should extend pretty dang far, right up until they are infringing on another's and in your house you should basically be sovereign. That includes the right to build and maintain their own houses as they see fit, unless its exposing neighbours to actual danger or just completely destroying the value of the neighbourhood. Some rules are just ridiculous, like you can't put a garage on your own property that is more than half the footprint of your house, or you can't install a metal carport, or can't burn yard waste save during certain times of the year and with a permit and hand holding. No doubt there are some relevant EPA examples as well. That doesn't mean we should erase the organisation. If a rule is ridiculous or unreasonably costly for its benefit, the rule should be revised. (If the county or city wants to ban burning yard waste, then maybe the voters should vote directly on that, but given that you are limiting the rights of people, they should vote on it periodically, not just once.)

      We need to move away from nearly so much CO2 production and I think phasing in a cost to C02 production is probably a good way to do it, but with any tax or discount on taxes it should be periodically debated and renewed by itself, and not as part of some mega spending bill. If anyone can ever figure out a truly safe way to do nuclear, then that may even play a part. The problem there is not the technology, but rather the fact that the nuclear plants tend to get run by for profit energy companies that are liable to cut corners until you eventually get an incident.

    36. Re:EPA has exceeded safe limits, needs curbing by meglon · · Score: 1

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      You have repeatedly stated things that are simply wrong when it comes to the Constitution. Either you're intentionally lying, or a complete fucking idiot. I understand.. you have your head buried so far up your conservative dogma's ass you can see it's tonsils, but you're just fucking wrong. It's people like you who are the reason these reports come out saying people in the US have an abysmal knowledge of history.

      IF the EPA was unconstitutional, it'd already be gone with all the fucking raving sociopathic conservatives in office today. It's not, therefor even the complete fucking idiot conservative republicans in office have a better understanding of things than you do.... and that says volumes about the level of your head-up-ass dogma worship. The fucking conservative idiots in office yell and scream and whine like little bitches about government overreach and authority, but at the end of the day they get their nuts kicked by the reality that all they're doing, and all the can do, is con a bunch of idiots that are even stupider than they are into believing their lies and tantrums.

      What it ultimately comes down to is: uneducated, ignorant, propaganda filled bullshit opinions mean absolutely nothing because the people with them choose to be stupid than a fucking rock and live outside reality. Maybe you should quit being part of the problem.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    37. Re:EPA has exceeded safe limits, needs curbing by garyisabusyguy · · Score: 1

      "penalties that will attack our energy production with absolutely no input from congress or constitutional law being passed by congress"

      Maybe producing energy is not protected by the Constitution

      US law is based on British Common Law and Common Law in most cases rules for the mutual use and benefit from common resources as opposed to the singular benefit shown in old Spanish Law where shit flowed downhill and people just had to live with it

      --
      Wherever You Go, There You Are
    38. Re:EPA has exceeded safe limits, needs curbing by garyisabusyguy · · Score: 1

      Yes, right up to the point that the checks and balances of either the Executive (by refusing to sign the laws or enforce them) or the Judiciary (by invalidating the laws as unconstitutional) act on them

      That's Constitutional

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      Wherever You Go, There You Are
    39. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 2

      The civil war was entirely about slavery,

      No, secession was entirely about slavery. The war never would have broke out if South Carolina hadn't attacked Fort Sumter. Had that not happened, an entirely different outcome was not only possible, but likely. Lincoln and the north was doing everything possible to remedy the situation without war. That failed when the south attacked a union fort.

      The Marshall court allowed that the executive was allowed to have regulatory powers in order to implement the law (ie, the law is broad and the executive fills in the details).

      And the Supreme Court also struck down several of these regulatory practices declaring the delegation of powers as implemented being excessive and unconstitutional. See Panama Refining Co. v. Ryan, 293 U.S. 388 and Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). and Carter v. Carter Coal Co., 298 U.S. 238 (1936)

      The EPA is and has been operating outside the confines of the law in regard to executive authority. BTW, the executive authority and congressional delegation of powers which follow along reach only so far as implementing the laws as passed. What the EPA does is extend and recreate passed laws- especially with the Carbon emissions. Here we have a government agency who suddenly decided something that was never previously considered a pollutant (note, not a newly discovered substance or a derivative or a previously known pollutant) is now a pollutant and expanded their powers and the law to encompass something which it never has before all without any constitutional interaction of congress. Laws have been struck down for less not to mention the constant changing of the regulation being a post facto law in and of itself.

      If congress had said, killing puppies was illegal and all the EPA did was ban any way you could kill a puppy, that would fall in line with the executive authority the marshal court saw. But what the EPA is doing is taking a law and saying whatever we can imagine to fall under this umbrella- even if it did not fall there previously or no one ever envisioned it being involve, the EPA can and will regulate it and change those regulations at their own will completely independent of congress or constitutional authority.

    40. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 4, Informative

      "There is ample evidence of Ocean acidification to suggest that CO2 needs to be treated as a pollutant."

      Then I'm sure you'll have no problem providing that evidence of this and of any harm..

      I can tell you ahead of time corals have genes that switch on to handle heat and co2 and they have survived 7000 ppm CO2 in the past and that this is not affecting reefs which by some miracle are only dying near man where he pollutes; in the open ocean coral is fine.

      Tree of life with time scale
      http://rs79.vrx.net/opinions/i...

      Historic co2
      http://upload.wikimedia.org/wi...

      Corals can turn certain genes on and off to cope with heat
      http://www.sciencemag.org/cont...

      Dr. Bruce Carlson produced a wonderful video demonstrating the resilient capacity of coral reefs if humans would simply stopped interfering with nature.
      http://www.advancedaquarist.co...

      Palau's coral reefs surprisingly resistant to ocean acidification
      http://nsf.gov/news/news_summ....

      Total reef losses due to climate change are unlikely
      http://www.advancedaquarist.co...

      For cold water corals, warming is beating acidification to drive a growth spurt
      http://arstechnica.com/science...

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    41. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      My god yes, look what it's done to Arctic sea ice in 30 years:

      http://rs79.vrx.net/opinions/i...

      Oh crap, there's no change.

      Damn you NASA and your pesky satellites, get with the program here.

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      Need Mercedes parts ?
    42. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 2

      Why do you assume outside scientists are republican? I'm not but I have a BIG problem with secret scientific data.

      In theory all products of government are public domain (since the public paid for it) and this is fundamental "open and transparent 101".

      Can you explain why secret data should be used to make public policy?

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      Need Mercedes parts ?
    43. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      Maybe producing energy is not protected by the Constitution

      It doesn't have to be. But our system is designed so that we are free to do as we please until a law prohibits it and there are limits to what laws and where this can be prohibited. In short, the government has to act constitutionally when prohibiting anything.

      US law is based on British Common Law and Common Law in most cases rules for the mutual use and benefit from common resources as opposed to the singular benefit shown in old Spanish Law where shit flowed downhill and people just had to live with it

      Look up the term constitution and come back to this.

      The constitution was created to create a federal government. Each state was a country in it's own right and surrendered only as much sovereignty to the federal government as outlined within the constitution and with this surrender, the federal government was bound by the articles which constituted it. British Common Law and Common Law allowed the quartering of troops in times of peace, it allows unwarranted searches and seizures, it allowed private property to be taken for public good without compensation. That is bared in the US by the constitution.

      So to say that if British Common Law and Common Law were superior to the US constitution despite the constitution actually saying it's the supreme law of the land, is like saying the first amendment can be void at will, that the 13th or even 14th amendment can be voided because common law allows it. And of course, this is just completely wrong. The government is bound by the constitution. Their actions can be separate and for or against the the mutual use and benefit from common resources as long as they do those actions constitutionally. Who benefits is ancillary to the point of whether or not congress did things correctly.

    44. Re: EPA has exceeded safe limits, needs curbing by Sarten-X · · Score: 1

      Guess where all the material that built giant limestone (high pH) cliffs precipitated out of?

      I'm certainly not a geologist, and no, I'm not going to do particularly much research, but I'm going to go mostly with what I found at Wikipedia: It "precipitated" (if you insist on that term) from the crushed skeletal remains of coral and other prehistoric marine life, since calcium carbonate doesn't dissolve very well in neutral or alkaline water.

      I believe you're looking for a biological process, not a simple chemical one.

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      You do not have a moral or legal right to do absolutely anything you want.
    45. Re:EPA has exceeded safe limits, needs curbing by rahvin112 · · Score: 1

      Another example, though not as heavily environmental is the Colorado River Compact. Its a federally negotiated water sharing agreement. Arizona and California nearly went to war over the Colorado river water, the president was forced to nationalize the Arizona national guard to prevent it. It is completely within the authority of the federal government to prevent the states from going to war by imposing consistent and reasonable standards on all of them.

      I'd also note it's not just the general welfare clause. Pollution clearly falls under the commercial clause as well because the pollution is invariably related to interstate commerce either directly through energy exports or indirectly through manufacturing.

    46. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 1

      Two things. #1 look at the Great Lakes. Yet the ice cap is about the same. 2014 was an outlier with the polar vortex. It took exceptional conditions to meet parity with 30 years ago. #2 It is two-dimensional. What matters is volume, not surface area.

    47. Re:EPA has exceeded safe limits, needs curbing by garyisabusyguy · · Score: 1

      Not superior, but integrated into, enjoy

      http://www.libertylawsite.org/...

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      Wherever You Go, There You Are
    48. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      That tired old meme that the CO2 emitted by animals matters is past it's due date and needs to be retired. If you're serious it just displays your ignorance.

    49. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 2

      ... revelations about the fraudulent hockey stick with the dramatic downfall of Michael Mann's reputation, ...

      LOL, the only place Michael Mann's reputation has suffered is climate science deniers eyes. His reputation in scientific circles is doing just fine.

    50. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      The only real limit to Congress is what voters are willing to put up with. Since they have to get reelected every two or 6 years if we decide we don't like what they're doing we can throw the bums out. It doesn't happen much for a variety of reasons but rest assured it will happen if they get enough voters pissed at them.

    51. Re:EPA has exceeded safe limits, needs curbing by Zero__Kelvin · · Score: 2

      "I can tell you ahead of time corals have genes that switch on to handle heat and co2 and they have survived 7000 ppm CO2 in the past and that this is not affecting reefs which by some miracle are only dying near man where he pollutes; in the open ocean coral is fine."

      Well, people have survived in terrorist captivity, but that doesn't mean that being in terrorist captivity is completely OK with me. It is about the quality of life of the Coral. I'm guessing you aren't about to start ingesting large amounts of it, but somehow you are fine with subjecting the poor innocent coral to it. For shame!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    52. Re:EPA has exceeded safe limits, needs curbing by Barsteward · · Score: 1

      does that indicate the depth of the ice or just the surface area? take a look at the depletion of glaciers put "glacier melt comparison" into google and check the "Images for glacier melt comparison" - check the dates on the compared images e.g. https://www.google.co.uk/searc...

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    53. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      I actually kind of agree with your interpretation of the consitution, but if more people than us actually felt that way, I would say that the biggest problem facing America is that we need a constitutional amendment allowing the creation of such agencies.

      A modern government cannot function without bureaucratic agencies. Congress can't do their jobs as is, how do you think they could keep up with the granular level of regulation required for most industries, all of which frequently changes? Our society would collapse under the weight of pollution, fraud, corporate abuse, and rioting caused by all that over the course of a few decades.

    54. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      I don't give a damn what the SCROTUM opines.

    55. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      Right because it's breathing we care about... you do realize that a human needs almost 5 years to produce the CO2 your car produces in a day ?

      I am pretty sure that even if we give the EPA an absolute right to control CO2 levels they wouldn't be bothered about regulating breathing for decades to come. There are so many much bigger much lower hanging fruit.

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    56. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      A new field of study ? Geologists had confirmed this decades ago. In fact, it's the ONLY possible explanation for why the sea is salty. CO2 from the early atmosphere was dissolved in the ocean, which turned it acidic, which then reacted with metals in rocks releasing minerals like salt into the ocean. If Ocean acidification from CO2 in the atmosphere is not as fact as anything in science can ever be - then the oceans water is fresh. Go taste some. I'll wait.

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    57. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      Can you explain why secret data should be used to make public policy?

      Because it allows us to move our political and ideological agendas forward and increase our control over every facet of your lives, and because we're going to do it regardless.

      Yeah, we're ignoring the law and the Constitution. So what? What are you gonna do about it? Just whine like a bitch on the internet is all you'll do.

      The only way you'll stop us is to kill enough of us, and we all know you've been too well-conditioned into a nation of weak-kneed sissies over the past 5-6 decades for anything remotely like that to happen.

      So sit down, STFU, and do as you're told by your betters.

    58. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 2

      >That being said, what exactly is your problem with requiring all information the EPA uses to set policies be open to the public and able to survive scientific scrutiny?

      Nobody has ANY problem with that. Including senate democrats and the president and almost every scientific organisation in the USA who ALL oppose this bill... So why do they oppose the bill then ? Did it ever occur to you that maybe the bill isn't about what the republicans say it's about ?

      What it's ACTUALLY about is that the reps are desperate to prevent regulations around air pollution and climate change. The trouble is the scientific data to support such regulations are overwhelming. So they are trying to exclude huge swaths of completely legitimate science from consideration. Specifically any science that has any part of it's data covered by patient privilege. That would be just about every large public health study ever done.

      What they want to do is to stop the EPA from using the exact same, perfectly legitimate, science that is used daily by biologists, pharmaceutical companies and more.
      Don't you find it odd that this is limited to the EPA while so many others use the same studies, including the FDA and the pharmaceutical industry ? Surely if the EPA cannot regulate something based on these studies then big pharma shouldn't be able to get a drug approved based on them, and the FDA shouldn't be allowing approvals based on studies like this.
      Studies which are ALSO covered by patient privilege make up almost the entirety of biomedical research, it's just a fact of life when you're dealing with studies involving people.
      Why are they legitimate science when Bayer uses them but NOT when the EPA uses them ?

      I'll tell you why: because Bayer is a campaign contributor and the EPA is somebody that pisses campaign contributors off.

      The science involved is all perfectly legitimate and in line with the scientific method. The "secret science" name is a propaganda term with no real truth to it intended to disguise what wall street's representatives are trying to really do.

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    59. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 2

      >It's people like you who are the reason these reports come out saying people in the US have an abysmal knowledge of history.

      What did you expect. Republicans support republican politicians -even AFTER they recently proved that the foreign minister of Iran knows the US constitution (and it's definition of treason and the laws passed based on that definition) better than the republicans in the Senate do.

      And if ever you needed proof that congress is now a law unto themselves... had ANY citizens written that letter about the Iran negotiations they would have been sent to jail for three years for treason. The SOLE reason the writers of THIS letter aren't being prosecuted right now is that they are senators - the law does not make an exception for Senators (in fact - exactly the opposite), they just (correctly) assumed that the police and prosecutors would.

      So are you surprized when Republican voters who shout constitution all the time turn out to have no idea what is in it or what it means ? Of course not, the senators they elect don't even know it !

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    60. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      And if anybody doubts it you can point out that with the establishment of the confederacy all states joining it had to sign the declaration of confederacy, an agreement under which it would operate. The declaration of confederacy does in fact explicitly mention slavery, in fact it's mention of it makes up most of the damn document.
      What does it say about slavery ?

      That if you join the confederacy you must promise that you will never in any way, shape or form ban slavery, regulate slavery or interfere with people's slave-owning in any way by passing any laws except those that protect slave-owners. With a long list of things you can and cannot legislate around slavery. In short, you weren't ALLOWED to join the confederacy unless your state was willing to promise that it would never, in all eternity, end slavery.

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    61. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      >So then, forcing the EPA to base that decision on publicly available science (actual peer reviewed papers and such), is fine then, right?

      Which is what they are doing.
      This law doesn't say what you think it says. You're an idiot for believing what republicans tell you their laws say.

      If this law was saying that, and that wasn't ALREADY what was happening, then the scientists of America would be applauding the law. But instead all of the science organisations who have spoken out have DENOUNCED the law. They call it stifling research and banning perfectly legitimate science from consideration.

      They are telling you the law does NOT say that. Republicans are telling VOTERS it says that, but it's NOT what it says and what you think it demands is the law already, RIGHT NOW.
      What this law is about has nothing to do with what you think it is about.

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    62. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      Right... let's see how hard the republican senators fight the fight when the effect would be to bankrupt and big pharma, and indeed, make it completely impossible to ever again develop or sell a drug in the United States.

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    63. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      That isn't happening. It's not happening now. It's never happened with the EPA and this law won't make what isn't happening not happen in future because this law has fuck-all to do with that.
      What you just quoted is the propaganda story republicans are telling to justify this completely insane law. It has fuck-all to do with the actual purpose or content of the law.

      You've been lied to.

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    64. Re:EPA has exceeded safe limits, needs curbing by silentcoder · · Score: 1

      And showing his ignorance further - most of the ice-sheet growth in the arctic is BAD news - and being caused BY global warming. Ant-arctic melt is adding fresh water to the ocean. Fresh water freezes more easily than salt water. The "growth" in the artic is a tiny fraction of the fresh water from ant-arctic ice-melt freezing over when it gets to the other pole. Most of it doesn't get that far, and it's a tiny thin layer of ice, the total ice volume is still massively down on both ends.

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    65. Re:EPA has exceeded safe limits, needs curbing by Coren22 · · Score: 1

      I'm wondering what a molecule of CO32 would look like. A long chain of Os?

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      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    66. Re:EPA has exceeded safe limits, needs curbing by whistlingtony · · Score: 1

      Remember the hole in the ozone layer? If you had your way, it never would have been regulated (It's new!) and we'd barely have an ozone layer now. Your way would literally be killing us right now.

    67. Re:EPA has exceeded safe limits, needs curbing by Coren22 · · Score: 1

      Just to nitpick...the polar vortex pulled cold air out of the polar regions and into most of the eastern US. This caused more warm air to be pushed into the polar regions, not colder air to somehow appear at the poles.

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      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    68. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      Being true to your name again.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    69. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      Maybe you should think a bit before posting. Perhaps study a bit on what you are posting about.

      And you really need to start taking your own advice.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    70. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      And he pulled the "The Civil War was not about slavery" myth card.

      It was about preserving the union huh?

      Q: Why did the union need preserving?
      A: Because the South wanted to leave it.

      Q: Why did the South want to leave?
      A: Because they felt their State's Rights were being violated.

      Q: Why did they feel their State's Rights were being violated?
      A: Because the Government was pushing to abolish slavery and prevent slavery in the new territories and states.

      Ergo: IT WAS BLOODY ABOUT SLAVERY YOU IDIOT.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    71. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      ... revelations about the fraudulent hockey stick with the dramatic downfall of Michael Mann's reputation, ...

      LOL, the only place Michael Mann's reputation has suffered is climate science deniers eyes. His reputation in scientific circles is doing just fine.

      Nope. Here's a quote from Wallace Broecker who is a professor of Environmental science at Columbia University:

      "The goddam guy is a slick talker and super-confident. He won't listen to anyone else," one of climate science's most senior figures, Wally Broecker of the Lamont-Doherty Earth Observatory at Columbia University in New York, told me. "I don't trust people like that. A lot of the data sets he uses are shitty, you know. They are just not up to what he is trying to do.... If anyone deserves to get hit it is goddam Mann."

      Here's Michael Liebreich, a clean energy executive, activist, and engineer:

      @MichaelEMann I've read #HSCW, #WUWT, #McIntyre and #Climategate emails. I think you were sloppy and unethical. I also think #AGW is real.

      Here's Michael Hulme, prof of Climate Change at U. East Anglia addressing Mann's use of unproven statistical methods, i.e. leading to circular reasoning:

      "I don't think it was seminal for scientists. To me that was never a decisive interventional piece of evidence. The data was absolutely scanty."

      You seem to be unaware that many rank and file climate scientists today are actually angry at Mann and what he has done to their field of study. If you are an honest and open minded person, go read the ClimateGate emails yourself. See where Mann's (then) boss at UVa said in an email that he felt like barfing in response to the way Mann insisted on hijacking the peer review process at Nature. Read about Mann and Jones's privately expressed worries over The Pause. Read about the efforts taken by Mann and Co. to deny auditors like M&M access to their raw data.

      If you're an honest and open minded person, reading some of that stuff will make you mad.

    72. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      Congratulations, you apparently passed the class titled "How to lie with accurate data."

      Specifically the chapter titled "Cherry Picking your comparison points".

      Meanwhile the actual facts about the Arctic include tidbits like "volume of ice is only 29% of what it was in 1979", "average age of ice is only 1-2 years, where it used to be 10+", and other fun factoids that prove you to be an idiot.

      Here's a buncha graphs which all show a downward trend:
      https://sites.google.com/site/...

      Here's some actual science and analysis on Arctic Ice:
      http://www.skepticalscience.co...

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    73. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      The point is that it is a MYTH that there even is any "secret data" in the first place.

      Here, let me google that for you .

      Oh there it is, on the very first page:

      http://www.ncdc.noaa.gov/data-...
      http://berkeleyearth.org/sourc...
      http://data.giss.nasa.gov/

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    74. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      Well then you're in luck!
      Because it is that it is a MYTH that there even is any "secret data" in the first place.
      There is no secret data.

      Here, let me google that for you .

      Oh there it is, on the very first page:

      http://www.ncdc.noaa.gov/data-...
      http://berkeleyearth.org/sourc...
      http://data.giss.nasa.gov/

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    75. Re:EPA has exceeded safe limits, needs curbing by lgw · · Score: 1

      So, let me get this straight. Right-wing government employees are saying the bill is good, while left-wing government employees say it's bad? So, by my model, the bill must either reduce government spending, or reduce government power over people. Given the current GOP, the former is right out, and it's the latter. How am I doing so far?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    76. Re: EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      There are really some "-1 (Disagree)" moderators out in full force today, which is disappointing for people looking to have a substantive debate. :(

    77. Re:EPA has exceeded safe limits, needs curbing by roc97007 · · Score: 1

      Right... let's see how hard the republican senators fight the fight when the effect would be to bankrupt and big pharma, and indeed, make it completely impossible to ever again develop or sell a drug in the United States.

      Maybe I haven't had enough coffee yet today, but I'm not sure I see the connection between basing decisions on real published peer reviewed science and bankrupting big pharma.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    78. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      Nope. Here's a quote from Wallace Broecker who is a professor of Environmental science at Columbia University:

      You left out the line after that quote that didn't fit your narrative:

      It should be said that Broecker has a reputation among some scientists for bad-mouthing young researchers.

      I wouldn't expect 100% of scientists to have a positive view of Michael Mann. My impression of him is that he has a prickly personality and isn't afraid to stand his ground. As far as his original hockey stick graph being wrong, ok, throw it out. But you still have to contend with over a dozen studies since that show substantially the same thing using different proxies and different techniques. If Mann got it wrong he lucked out and got very close to the right answer anyway.

      I would say your examples are the exception that proves the rule. If Mann's reputation was in tatters wouldn't he be having trouble getting published or get fired from his current position at Penn State University?

      I have read a few of the Climategate emails and to me it just looks like an exercise in quote mining and much ado about nothing. The quotes like "Hide the decline" and "Mike's nature trick" were taken completely out of context and only people determined to find something wrong would consider them incriminating.

    79. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      I have read a few of the Climategate emails and to me it just looks like an exercise in quote mining and much ado about nothing. The quotes like "Hide the decline" and "Mike's nature trick" were taken completely out of context and only people determined to find something wrong would consider them incriminating.

      It sounds like you read either Mike Mann's or one of his close allies' commentary on the emails. Regardless, I refuted your earlier claim that Mann's reputation is fine in scientific circles.

    80. Re:EPA has exceeded safe limits, needs curbing by AthanasiusKircher · · Score: 2

      But according to some nuts, under the constitution the feds can't do anything except manage wars.

      I'm NOT one of the "nuts" you mention -- I don't think we really want to go back to the "original meaning" and forget everything that happened since.

      But your post is full of a lot of inaccuracies. For one, most of those "nuts" want to restrict the Constitution to the enumerated powers, which include a lot of things other than wars. They just have a more strict interpretation of certain clauses there, like "regulating commerce."

      The constitution as it existed in 1781 is not the same as it is today.

      The Constitution didn't exist in 1781. It was drafted in 1787 and enacted in 1789.

      People forget all the amendments, all the judicial decisions,

      Here's where the "nuts" differ from you. They do NOT forget the amendments, since the amendment process is specifically authorized in the Constitution itself. The various court decisions you refer to have often "reinterpreted" the Constitution to mean very different things than it originally did, though. You may think those "reinterpretations" are important, but it is a somewhat different thing from a formal amendment process.

      and the great big massive war we had that overturned the constitution so that slavery could finally be abolished which resulted in a strong centralized federal government no matter what the hell the founding fathers who owned slaves would have wanted.

      This is where you go off your rocker completely. Nobody "overturned the Constitution" with the Civil War. The Constitution after the Civil War was in effect after the Civil War the same way it was before the Civil War.

      So how was slavery ended? A formal amendment process to the Constitution resulting in the 13th Amendment. The 14th and 15th Amendments provided further clarification about rights after abolition.

      Once again, nobody "overturned the Constitution" -- it was amended using the exact process described explicitly in Article V of the original Constitution enacted in 1789.

      As for your claim about a "strong centralized federal government," you have to wait until the 20th century really. The Supreme Court kept reining in the federal government according to fairly traditional interpretations of enumerated powers well into the early 20th century.

      Think about it this way -- you remember Prohibition? It required a Constitutional amendment to enact, and then another to repeal.

      Now, compare that to the prohibition of other drugs that occurred later, e.g., marijuana, etc. No Constitutional amendment required. Amazing! Why not? The Constitution was fundamentally changed in the late 1930s due to a series of Supreme Court decisions that rapidly and greatly expanded the powers of the federal government (arguably due to pressure from the Executive), allowing things like the Interstate Commerce Clause and the General Welfare Clause to be used for just about anything... from Social Security and Medicare to workers' rights acts, non-discrimination, etc. All of this could have been (and WAS) ruled unconstitutional by the Supreme Court in the early 20th century... but then they just stopped.

      Effectively, in the late 1930s and early 1940s, the Constitution went from a system of "enumerated powers" and limited government to one where "anything goes" for the federal governm

    81. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      Which part of "has genes it can switch on to handle this" did you not understand?

      Coral doesn't "suffer" the very delicate animal either keeps growing or dies.

      Bad analogy.

      --
      Need Mercedes parts ?
    82. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      "What matters is volume, not surface area."

      Newsflash: if it's white it reflect back sunlight regardless of the thickness.

      It all grew back in a "warming world" with rising Co2 in five years and isn't a mile thick. No shit. It'll thicken, don't you worry about it.

      Gore said it would be gone by now. The opposite happened.

      http://rs79.vrx.net/opinions/i...

      --
      Need Mercedes parts ?
    83. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      "Oct. 7, 2014 Antarctic Sea Ice Reaches New Record Maximum"
      http://www.nasa.gov/content/go...

      That's the problem with you alarmists, you're familiar with the headlines but have never seen the actual data. Stop reading opinions on blogs.

      --
      Need Mercedes parts ?
    84. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      Look how much it's grown:

      http://rs79.vrx.net/opinions/i...

      http://rs79.vrx.net/opinions/i...

      It did melt, because it was warmer. It grew back because it was colder, not still warming.

      NOAA graph showing cooling not warming:
      http://rs79.vrx.net/opinions/i...

      And another:
      http://rs79.vrx.net/opinions/i...

      Who expects it to grow back all thick? Give it time, now that it's reflecting back sunlight it'll happen.

      As this point "Skeptical science" has the credibility of "Natural News".

      Not one prediction by the IPCC ever came true.

      --
      Need Mercedes parts ?
    85. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      As for the great lakes, they froze early, thawed late and had 100 year record levels of ice; some froze completely which is nearly unprecedented and niagara falls froze twice in 2 years.

      All signs of a warming world no doubt.

      But please drag out the weasel words and explain this. Extra points or quoting "Skeptical science".

      http://www.cbc.ca/news/canada/...
      https://www.facebook.com/video...
      http://chicago.cbslocal.com/20...
      http://www.dailymail.co.uk/new...

      --
      Need Mercedes parts ?
    86. Re:EPA has exceeded safe limits, needs curbing by rs79 · · Score: 1

      If there is no secret data why are they fighting to keep it secret?

      A good way to route around calls for openness and transparency to to be open and transparent, not to claim there's no secrets.

      But thank you for the pointers to marketing information, I've read them all thanks.

      --
      Need Mercedes parts ?
    87. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      And it sounds to me like you are determined to find fault with the emails rather than taking what the authors said about them at face value.

      You showed me a few negative quotes about Michael Mann. You didn't show me in any way that his reputation has suffered or that he isn't getting grants or getting published in scientific journals. The real test of Mann's reputation would be how often his work is being cited by other scientists in their work. If you can show me that he isn't getting cited by others then I might agree that his reputation is poor but that hasn't happened.

    88. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      And it sounds to me like you are determined to find fault with the emails rather than taking what the authors said about them at face value.

      In the case of emails that are unambiguously embarrassing as they reveal scientific improprieties, "taking what the authors said about them at face value" is a uniquely sycophantic reaction.

      You showed me a few negative quotes about Michael Mann. You didn't show me in any way that his reputation has suffered or that he isn't getting grants or getting published in scientific journals.

      I don't see the need to get into that stuff. I concisely demonstrated what I set out to demonstrate. You may proceed to move the goal posts and play your own game of football as you see fit.

      You don't seem very interested in details, but I'll just point out here that within climate science, there are lots of groups of researchers researching lots of things, and there is disagreement about how much different parts really matter. For example, Mann's work in paleoclimate proxies is regarded by many people as a poorly supported exercise in fudging data. Some other paleoclimate researchers swear by his work and cite it extensively.

      For more information you probably would rather not know, read about Mann's problematic use of Bristlecone pine proxies. You can also learn about how he uses data series upside down sometimes, and about the discarding of large swathes of data that didn't work toward his desired result (truncation of the Briffa series).

      But be careful! Your opinion of Mann as a scientist may decline. Be careful to "hide that decline", or Slashdot mods will regard you as a heretic and down-mod you with a "-1 (Disagree)".

    89. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      Nobody has ANY problem with that. Including senate democrats and the president and almost every scientific organisation in the USA who ALL oppose this bill... So why do they oppose the bill then ? Did it ever occur to you that maybe the bill isn't about what the republicans say it's about ?

      I've never seen text of the bill that says it's about anything different. Do you have a secret copy that you could make publicly available so we all can share in this knowledge?

      What it's ACTUALLY about is that the reps are desperate to prevent regulations around air pollution and climate change. The trouble is the scientific data to support such regulations are overwhelming. So they are trying to exclude huge swaths of completely legitimate science from consideration. Specifically any science that has any part of it's data covered by patient privilege. That would be just about every large public health study ever done.

      So in short, secret science should be supported because you support the policies being made due to this secrete science? BTW, can you explain to me how something is still science if you or I cannot apply the scientific principle to it and recreate it? I mean it doesn't matter if the data doesn't exist or is patented or completely made up, repeatability is one of the most important and key parts of the scientific principle and without it, I'm not sure it's any better than a discussion of intelligent design.

      What they want to do is to stop the EPA from using the exact same, perfectly legitimate, science that is used daily by biologists, pharmaceutical companies and more.

      And how is this possible if the science is sound? You do not need all the science to make the case do you? I mean if joe's patented weather numbers and algorithm is not present, does the entire science fall apart?

      Don't you find it odd that this is limited to the EPA while so many others use the same studies, including the FDA and the pharmaceutical industry ? Surely if the EPA cannot regulate something based on these studies then big pharma shouldn't be able to get a drug approved based on them, and the FDA shouldn't be allowing approvals based on studies like this.

      No, I do not find it odd at all. The FDA and other agencies are not currently reinterpreting things as pollutants and purposing to install draconian regulations over principles congress has already rejected for various reasons. I guess we could say this is more of an attempt to stop a government agency from doing an end run around congress and defeating congress's will as demonstrated several times by refusing to install similar regulations or bind the country to treaties of the same.

      Why are they legitimate science when Bayer uses them but NOT when the EPA uses them ? I'll tell you why: because Bayer is a campaign contributor and the EPA is somebody that pisses campaign contributors off.

      Bayer is not a government agency imposing sweeping regulations that will impact not only the economy but personal income. But nonetheless, Bayer has to justify their products being marketed to the public before they can which means they will have to make something scientific available. But you do understand that you as a private person or private company is not the same thing as a government agency with the ability to arbitrarily make things illegal complete with penalties and taxes.

      The science involved is all perfectly legitimate and in line with the scientific method. The "secret science" name is a propaganda term with no real truth to it intended to disguise what wall street's representatives are trying to really do.

      This isn't about the science so much as about government accountability. I do not think anyone is suggesting the science is illegitimate, just that having access to prove real science is being used to create po

    90. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 0

      ... for decades to come...

      How very reassuring.

    91. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      You have repeatedly stated things that are simply wrong when it comes to the Constitution. Either you're intentionally lying, or a complete fucking idiot. I understand.. you have your head buried so far up your conservative dogma's ass you can see it's tonsils, but you're just fucking wrong. It's people like you who are the reason these reports come out saying people in the US have an abysmal knowledge of history.

      And because you say so is not a valid reason. Do you have anything of worth to offer or are you just offended because one of your shrines was attacked?

      IF the EPA was unconstitutional, it'd already be gone with all the fucking raving sociopathic conservatives in office today.

      Who said the EPA was unconstitutional? Do you often build strawmen just to punch down and pretend to insult people? I said there is no constitutional basis for it, there isn't. I did not say it violated anything in the constitution other than making law outside of constitutional process.

      What it ultimately comes down to is: uneducated, ignorant, propaganda filled bullshit opinions mean absolutely nothing because the people with them choose to be stupid than a fucking rock and live outside reality.

      Were you looking in a mirror when you wrote that? Because it seems like you had yourself in mind.

    92. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      I'm game with a constitutional amendment. I don't have any issue with agencies existing without one either. I do have issues with them creating law that was not passed by congress though.

      If congress made a law saying that blue onions were illegal and the EPA was empowered to make regulations to enforce it, I have absolutely no problem with the EPA making regulations in order to faithfully execute the law. But when the EPA all the sudden decides white onions should be illegal also, they need congress to pass a law instead of pulling some inter agency manipulations and declaring them covered all the sudden under the blue onion law.

    93. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      Not to mention that the food I eat for those five years is directly or indirectly derived from flora doing photosynthesis, so the carbon in it comes from the air. When I breathe the CO2 back out, I'm not increasing the CO2 in the atmosphere, net.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    94. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      Sorry, but they wouldn't have been sentenced for treason. That has a specific Constitutional definition. There are laws against making private foreign policy, but there is also some immunity for members of Congress. I don't know how that would play out.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    95. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      If there's no constitutional basis for a department of the Federal government, it's unconstitutional. The Federal government cannot do anything that isn't allowed by the Constitution. The limits have been stretched now and then (including what I consider some really big overreaches on interstate commerce), but they're enforced.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    96. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      Lol.. Someone has filled your head with all sorts of bullshit it isn't even funny.

      First, no- the foreign minister of Iran does not know the US constitution (and it's definition of treason and the laws passed based on that definition) better than the republicans in the Senate do. The president can only enter into a treaty if the senate consents. This is elementary school civics. The administration can come to some executive agreement, but any future administration can nullify it at will because it is not a treaty. What the foreign minister referenced was a misinterpretation of international law which has a principle that agreements between the head of state are treated treaties in dispute resolution. However, this is not binding to the US because we are both not members of the international court of justice and we have an established process declaring what a valid treaty is.

      Second, the treason crap you spewed is wrong on so many levels. First, treason is specifically defined by the Constitution so violations of the Logan act (a law) which do not involve levying war against the united states, or in adhering to their enemies, giving them aid and comfort. will not be treason by any stretch of the imagination. Second, the logan act specifically involves unauthorized persons which members of the government are authorized. Further, the advice and consent portions of the constitution imply the senate has a specific right to give advice in foreign relations.

      The sole reason no one is not being prosecuted for the letter is because violations of the law only exist in partisan political minds and not in reality or matters of law. Several of the president's strongest detractors could be taken out in one swoop if they were prosecuted for this but the justice department knows any attempts to prosecute will fail.

      So are you surprized when Republican voters who shout constitution all the time turn out to have no idea what is in it or what it means ? Of course not, the senators they elect don't even know it !

      I'm simply amazed at how ignorant people are about the constitution. Do they not teach this in school any more? When I was in school, we had government and civics coursed in a couple of different years (starting in 8th grade) and the last two runs (11th and 12th grades) were actually requirements to graduate.

    97. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      Congress can pretty much tax and spend as it wants because of the General Welfare clause. It has no other powers under it. You will notice that Congress sometimes extends its authority by making Federal grants contingent on certain legal actions, since it wouldn't have that authority on its own.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    98. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      The Federalist papers are not in any sense law. They're propaganda written by three people, on their own, for the purpose of getting states to ratify the Constitution. They're very interesting, but they aren't the only political commentary of the time.

      As far as raising an army, the Federal government has the power to pass laws concerning the Army, such as conscription. Under the General Welfare clause, they would have the ability to tax and spend for an army that was a standard Federal department without conscription or any other special Federal laws.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    99. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      Utter Rubbish. Nothing would prevent the EPA from going to congress and getting laws made to protect the Ozone layer. Oh wait, they did go to congress and get laws passed. Treaties were even made and ratified and laws were passed for them too.

      Check out title 40, part 82 when you get bored sometime. You will fine laws and references to treaties and specific mentions you are looking for.

    100. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      The Civil War was about a lot of things, not just slavery. Just fighting a war to free slaves was not going to be popular enough in the North. It was more popular to preserve the Union. The South was also trying to get out from the increasing Northern financial power.

      Secession was all about slavery. The war started when a secessionist state attacked a Union installation. At that point, it was about all sorts of things.

      Lincoln did want to abolish slavery, but it wasn't his number one priority. However, fighting a war against slavery was extremely useful diplomatically, as Britain in particular could not enter a war on the side of slavery, and people there who benefited from the South couldn't push hard for the Confederacy. The Emancipation Proclamation freed no slaves, but did ensure that Britain would stay out of the war.

      A war against slavery was also very handy as the typical black and white single cause that popular versions of history tend to go for.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    101. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      Sigh.. The slavery issue as well as the secession issues would have been decided without war. Lincoln was begging the south to come back/not leave and jumping through hoops to proclaim they were not going to ban slavery. The WAR broke out because the south attacked a union fort. Had that not have happened, there most likely never would have been any war. All the other issues like slavery or secession, would have either been settled otherwise or still on going today. It's not a simple concept, just follow along and pay attention.

    102. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      What it would mean is that food and drugs couldn't be approved based on unpublished tests. This would probably apply more to food than to drugs. It would basically be an additional regulatory burden, and would suppress the ability of food and drug companies to keep details confidential while in the regulatory process.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    103. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      You're not doing well. GP referred to scientists and Republicans. Neither are necessarily government employees, and although Republicans form a semi-coherent political group scientists do not.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    104. Re:EPA has exceeded safe limits, needs curbing by david_thornley · · Score: 1

      Fortunately for your argument, there is no land around the South Pole, so there's just sea ice.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    105. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      Actually, there is a constitutional basis for a federal government department. It would simply be an office under the executive with a head of the office as in "principal Officer in each of the executive Departments" as mentioned in Article II, Section 2 - otherwise known today as the cabinet. In fact, most federal agencies started that way and George Washington even had them.

      A constitutional department would not be one that makes laws/regulations though. It/they could carry out the executive's duty to see the laws are faithfully executed in the name of the president. So in the manner they are present today, I completely agree, but a department that advises the president and offers laws to congress in the name of the president for consideration would be just as constitutional as his cabinet posts. In fact, it would more or less just be the secretarial and resource pool of his cabinet posts allowed by law.

    106. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      In the case of emails that are unambiguously embarrassing as they reveal scientific improprieties, "taking what the authors said about them at face value" is a uniquely sycophantic reaction.

      You're going to have to explicitly point out to me what scientific improprieties you found because I'm not aware of any.

      Regarding truncation of the Briffa series, it was Briffa that said that data should not be used and Mann simply followed his advice.

      But in the end you could throw out all of the paleoclimate data and everything that Michael Mann and Phil Jones have done but it wouldn't make a difference to the finding of anthropogenic climate change which is based on physics. Paleo data is merely corroborating evidence.

    107. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      You're going to have to explicitly point out to me what scientific improprieties you found because I'm not aware of any.

      Since you are claiming unfamiliarity with the whole hockey stick fraud situation, here's a nice, short and sweet treatment of Mann and the hockey stick controversy. It's just an internet blog, but then so is Slashdot. I'll quote one paragraph:

      In doing this research McIntyre and McKitrick had legitimately accessed Mann’s public college web site server in order to get a lot of the source material, and whilst doing this they found the data that provoked them to look at the bristlecone series in a folder entitled “Censored”. It seems that Mann had done this very experiment himself and discovered that the climate graph loses its hockey stick shape when the bristlecone series are removed. In so doing he discovered that the hockey stick was not an accurate chart of the recent global climate pattern, it is an artificial creation that hinges on a flawed group of US proxies that are not even valid climate indicators. But Mann did not disclose this fatal weakness of his results, and it only came to light because of McIntyre and McKitrick'’s laborious efforts.

      Regarding truncation of the Briffa series, it was Briffa that said that data should not be used and Mann simply followed his advice.

      That's not how science works. Each person publishing a paper must be able to explain their own results, not point fingers at others.

      But in the end you could throw out all of the paleoclimate data and everything that Michael Mann and Phil Jones have done

      (resisting urge to make sarcastic remark here)

      but it wouldn't make a difference to the finding of anthropogenic climate change which is based on physics. Paleo data is merely corroborating evidence.

      Careful, if you don't know the climate variability of the past, how can you say whether measured 20th century variability is natural or anthropogenic? Paleoclimate studies (reliable or not) are the only way I know to explore that, wouldn't you agree?

      Your comment about physics reflects a widely held assumption, but isn't factual. The complex feedback loops and chaotic behavior of our earth's atmosphere and oceans make it a fools errand to attempt to reduce it to a fundamental physics formula.

    108. Re:EPA has exceeded safe limits, needs curbing by diamondmagic · · Score: 1

      No one said anything about the Federalist papers being law. It's an argument by logic, which means you have to employ logic if you want to argue against it.

      Further, if that's not as good as a dictionary then what is? Surely the Federal government doesn't gain the power to chuck kittens at foreign countries if we googlebombed "militia" to "feline warfare" - the powers don't change just because the language does.

      Likewise, "general welfare" has never implied the power to do whatever strikes one's fancy just because someone asserts it's in your best interest. Remember when it was in our best interest to not drink alcohol on Sundays? Remember when it was in our best interest to plain not drink alcohol? (Ok, at least they got a Constitutional amendment for that one... but then it was repealed, and they banned drugs anyways.)

      Raising an army doesn't imply conscription. The act of the executive branch doing something hardly means what they're doing is constitutional. It just means they're getting away with it, often with the implicit agreement of Congress and/or the courts.

    109. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      So you've (you believe) destroyed Mann's original hockey stick graph. When are you going to start going after the more than 1 dozen similar studies done since then by different researchers using different proxies and different techniques that show substantially the same thing? Like I said you can throw out Mann's work but that doesn't change the fact that others had the same results.

      You don't need to know the past to determine if climate variability is natural or anthropogenic, you just need to know the present. Knowing the past is interesting but we can observe all of the major factors we know about in the present and it's clear that the increase in CO2 concentration is the leading factor in current climate change. Maybe there's some factor(s) we don't know about but unless someone finds something and can support it scientifically you can't assume there is.

    110. Re:EPA has exceeded safe limits, needs curbing by Barsteward · · Score: 1

      did you read or watch the video on that page? it doesn't say anything about the depth/thickness of the ice in Antarctica, only the perimeter expanding, it also showed the arctic decreasing at an alarming rate. The scientists in the video mentions those that use this as an excuse to say climate change is not happening

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    111. Re:EPA has exceeded safe limits, needs curbing by JabrTheHut · · Score: 1

      How do you know there's no change? Is it because the "secret science" isn't actually secret?

      Here's the difference between climate science and political science: Climate science publishes the results and the data, and is open to criticism. Political science goes out of its way to obfuscate or hide unfavourable data or results.

      Are you by chance a political scientist?

      --
      Work like no one is watching. Dance like you've never been hurt. Make love like you don't need the money.
    112. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      So you've (you believe) destroyed Mann's original hockey stick graph.

      I haven't done anything at all. I'm just reading other people's work. Why is this so personal to you? It's weird how you are sticking up for Mann like he's your twin brother or something. I have nothing personal against him, I just happen to have seen some damning evidence of wrongdoing.

      When are you going to start going after the more than 1 dozen similar studies done since then by different researchers using different proxies and different techniques that show substantially the same thing?

      Such as?

      You don't need to know the past to determine if climate variability is natural or anthropogenic, you just need to know the present. Knowing the past is interesting but we can observe all of the major factors we know about in the present and it's clear that the increase in CO2 concentration is the leading factor in current climate change. Maybe there's some factor(s) we don't know about but unless someone finds something and can support it scientifically you can't assume there is.

      You've said this before, but it still doesn't make sense to me. CO2 is not the most significant greenhouse gas on the earth -- not now, and not ever expected to be in the future. Water vapor is the most significant GHG. If we don't understand all the potentially self-balancing feedback cycles, we can't hope to accurately model the resulting temperature change after injecting some extra CO2. And (surprise, surprise), it turns out that all the most highly acclaimed projections as to CO2 sensitivity were in fact at least partially wrong. The Pause has been going on for something like 18 years. I think it will soon be old enough to purchase alcohol.

    113. Re:EPA has exceeded safe limits, needs curbing by sumdumass · · Score: 1

      lol.. The constitution makes reference to common law. I really don't know what your point is if you are not trying to claim common law is superior.

      The US constitution was created to constitute a federal government and define its role. In doing so, it put limits on the federal government that common law cannot surmount.

    114. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      No one is fighting to keep anything secret you fucking idiot.
      I just gave you the fucking links to the fucking data.
      It's in the fucking open, where anyone who knows how to google can find it.

      But now you're pulling the "its all lies" card, and claiming "I already read it".
      No you fucking didn't sweetcheeks.

      How do I know? Because in those links is the actual measurements recorded around the world by various methods, both satellite and ground station. Data files full of brain dizzying numbers and locations.

      Which is EXACTLY the fucking data you asked for.
      You havent read actually read it; rather your full of shit and no longer worthy of anyones attention.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    115. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      You fucking moron. All youre doing is spreading that myth that because there was more in 2013 than 2012, that it is growing. 2012 was the LOWEST EVER, PERIOD, breaking all expectations. 2013's minimum was higher then 2012, BUT IT WAS STILL THE 6TH LOWEST EVER RECORDED.

      Here are the real trends:
      http://static.guim.co.uk/sys-i...

      http://static.guim.co.uk/sys-i...

      It melts and regrows every year.
      Minimum is reached in roughly mid-september.
      Maximum in about mid-March.

      The problem is its melting more, and regrowing less, every year.
      Which is its thinner and younger, and lost significant volume.

      And here's just a month ago:
      2015 Arctic Sea Ice Maximum Annual Extent Is Lowest On Record (NASA)
      https://www.nasa.gov/content/g...

      Just fuck off.
      Seriously, Skeptical science is actual science backed by actual fucking measurements.
      You are just a cherry picking asshole who wished he had as much "legitimacy" as Natural News.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    116. Re:EPA has exceeded safe limits, needs curbing by dywolf · · Score: 1

      Seriously. There's no way you aren't a paid misinformer.

      This image explains you perfectly:
      http://www.skepticalscience.co...

      The trend since 1980 is down.
      Clearly down, such than even an idiot like you should be able to grasp it.

      A small ONE YEAR "recovery" from 2012 to 2013 doesn't reverse the over all 40 year trend.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    117. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      While there may be some in the scientific world who dislike Mann several investigations of him have not turned up any damning evidence of wrongdoing.

      Regarding similar studies confirming Mann's hockey stick graph here are some:

      Huang 2000

      Smith 2006

      Oerlemans 2005

      Here's a book from the National Academies of Science with more details:

      Surface Temperature Reconstructions for the Last 2,000 Years

      It's true that water vapor is responsible for the largest chunk of greenhouse warming but it is not a greenhouse gas that can drive warming because the amount of WV in the atmosphere is strictly limited by temperature (and regionally the availability of water to evaporate). The level of WV is not something humans can have any significant direct effect on therefore it is not something to worry about.

      The "Pause" is not something that is statistically significant. Here is a statistical analysis that uses several different techniques to try and find some significance to the "Pause" but fails. There is no reason statistically to say the rate of warming since the 1970's has changed significantly.

    118. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      While there may be some in the scientific world who dislike Mann several investigations of him have not turned up any damning evidence of wrongdoing.

      The studies in question didn't attempt to interact with the damning evidence from the emails, in fact they carefully avoided addressing it.

      Regarding similar studies confirming Mann's hockey stick graph here are some:

      Huang 2000

      Smith 2006

      Oerlemans 2005

      Here's a book from the National Academies of Science with more details:

      Surface Temperature Reconstructions for the Last 2,000 Years

      If you throw out data from measurements are not known to be reliable proxies for global temperature, you are left with very little if anything; and certainly not with a thousand year hockey stick shape. The hockey stick is an artifact of cherry picking data. There are many reasons for an upswing in various physical measurements in the 20th century, including (yes) a warming temperature as we swing up from a low point on the multi-century scale, but also modern agriculture and its effects on things like tree growth.

      Case in point, take Figure 6 -- the proxies seem to show a dip which we'd identify as the Little Ice Age of ca. 1300-1870. Not much else is obvious there, except the somewhat misleading superimposition of the instrumental record. It's not really fair to slap instrumental readings on the end of the proxies, since even assuming these proxies reflect global temperature in some way (big assumption), they will flatten out upswings like the instrumental record shows in the late 20th century.

      It's true that water vapor is responsible for the largest chunk of greenhouse warming but it is not a greenhouse gas that can drive warming because the amount of WV in the atmosphere is strictly limited by temperature (and regionally the availability of water to evaporate). The level of WV is not something humans can have any significant direct effect on therefore it is not something to worry about.

      Water vapor's status as the number one greenhouse gas makes it a hard problem because of the water cycle. What is the effect of cloud cover? How is the water cycle affected by more CO2? These are the billion dollar questions.

      The "Pause" is not something that is statistically significant. Here is a statistical analysis that uses several different techniques to try and find some significance to the "Pause" but fails. There is no reason statistically to say the rate of warming since the 1970's has changed significantly.

      The Pause has shown that the most highly vaunted predictions of carbon sensitivity were mistaken. What we do with that from here is a tricky question. Simply changing the fudge factors for aerosol albedo to keep our predictions "accurate" is a pretty lame response (Mann's, if you hadn't guessed).

    119. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      but it is not a greenhouse gas that can drive warming because the amount of WV in the atmosphere is strictly limited by temperature (and regionally the availability of water to evaporate).

      Forgot to mention -- have you forgotten about the ocean?

      The level of WV is not something humans can have any significant direct effect on therefore it is not something to worry about.

      CO2 is a tiny part of the GHG picture, and it's not clear what effect changes in CO2 have on the planet overall. Since The Pause has shown that our most trusted projections of CO2 sensitivity were wrong, perhaps we should be open minded toward the possibility that this tiny fraction of GHG contribution is just that -- a tiny fraction of GHG contribution. A minuscule shift in cloud cover across the earth, and "poof", all the carbon reduction in the world doesn't make any net difference at all. (Not saying that happens, just that it's a possibility.)

    120. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      The studies in question didn't attempt to interact with the damning evidence from the emails, in fact they carefully avoided addressing it.

      ROTFLMAO. There was no damning evidence in the Climategate emails as several investigations of them found.

      If you throw out data from measurements are not known to be reliable proxies for global temperature, you are left with very little if anything; and certainly not with a thousand year hockey stick shape. The hockey stick is an artifact of cherry picking data.

      When you have a number of studies approaching the same thing from different angles and they all agree for the most part in increases your confidence that you're on the right track.

      Case in point, take Figure 6 ...

      What Figure 6 are you referring to?

      Water vapor's status as the number one greenhouse gas makes it a hard problem because of the water cycle. What is the effect of cloud cover? How is the water cycle affected by more CO2? These are the billion dollar questions.

      The amount of water vapor in the atmosphere is strictly a reaction to the geophysical conditions present. If increasing the level of CO2 in the atmosphere increases the temperature then water vapor will increase as well as a reaction to the higher temperatures. And no, I haven't forgotten about the oceans. What about them?

      Research on clouds has found that the effect on global warming ranges from slightly negative to moderately positive with the most likely value being slightly positive. There is plenty of uncertainty about that and it's an area of active research but unless something is found that radically changes our current knowledge clouds are a minor player in their effect on global warming.

      The Pause has shown that the most highly vaunted predictions of carbon sensitivity were mistaken. What we do with that from here is a tricky question. Simply changing the fudge factors for aerosol albedo to keep our predictions "accurate" is a pretty lame response (Mann's, if you hadn't guessed).

      Statistically speaking it's a faux pause and warming has continued as expected given the vagaries of natural variation. The pause meme depends on cherry picking 1998, a year that was more than 2 sigmas above the trend.

    121. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      What Figure 6 are you referring to?

      Sorry, from the last link, to nap.edu.

      There is plenty of uncertainty about [clouds and their effects] and it's an area of active research

      Mmmm hmm.

      Statistically speaking it's a faux pause

      I think you mean "politically speaking".

      and warming has continued as expected given the vagaries of natural variation. The pause meme depends on cherry picking 1998, a year that was more than 2 sigmas above the trend.

      No it doesn't. There's a real plateau that throws a wrench in the works for climate projections of carbon sensitivity. Mann and his peers have been scrambling to issue explanations for the slowdown/pause/whatever you want to call it.

      Judith Curry rather sarcastically remarked to the effect that "if there's no pause, then how is it possible that there are explanations for it?" Which is, of course, an insightful observation. Science doesn't always give us the results we expected to get, and the thing to do is roll with it, not fight it.

    122. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      There are still several figures in Chapter 6 so I'm still not sure what you're talking about. But rather than talking about one specific area in that book wouldn't it be better to consider all of the different observations as a whole?

      No, I definitely mean statistically speaking. Tamino is a statistician by trade and as he shows in his post the "pause" is meaningless statistically. Perhaps you'd like to try and present evidence to the contrary.

      It's true that the rate of warming over the past 15 years is a bit slower than it was during the 1980's and 1990's particularly in the atmosphere. But the ocean where over 90% of the heat energy goes anyway continue to warm. Don't you think it's reasonable that scientists should investigate why that is true? The more we learn the better our understanding will be.

    123. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      It's true that the rate of warming over the past 15 years is a bit slower than it was during the 1980's and 1990's particularly in the atmosphere. But the ocean where over 90% of the heat energy goes anyway continue to warm. Don't you think it's reasonable that scientists should investigate why that is true? The more we learn the better our understanding will be.

      Absolutely, I am completely in support of continued climate science research. Perhaps someday they will understand exactly why pumping huge amounts of CO2 over the last decades didn't crank up the atmospheric temperature as much as they (rather prematurely) predicted. Hoping for understanding here is still a tall order, because the climate is so complex, chaotic, and full of tricky feedback cycles.

    124. Re:EPA has exceeded safe limits, needs curbing by riverat1 · · Score: 1

      I think it's premature to say that CO2 hasn't cranked up the surface temperatures as much as has been predicted. There's a reason why the standard climatological period is 30 years.

    125. Re:EPA has exceeded safe limits, needs curbing by sideslash · · Score: 1

      I think it's premature to say that CO2 hasn't cranked up the surface temperatures as much as has been predicted. There's a reason why the standard climatological period is 30 years.

      No... if they predicted it and it fell short of their prediction, then of course it's OK to point that out. We can speculate that the heat went into the ocean etc., but the predictions of surface temperature change were specific enough to be falsifiable (like all good scientific ideas), and they were duly falsified.

      Rule of thumb: pointing out true facts is always OK.

  4. Don't single out EPA by confused+one · · Score: 5, Insightful

    If they're going to create such a rule for EPA, then it should also apply to NIH, FDA, DOE, and so on. If they don't make it universal, then they're showing an obvious bias and clearly pushing an agenda which is attempting to influence specific science.

    1. Re:Don't single out EPA by Anonymous Coward · · Score: 0

      If they're going to create such a rule for EPA, then it should also apply to NIH, FDA, DOE, and so on. If they don't make it universal, then they're showing an obvious bias and clearly pushing an agenda which is attempting to influence specific science.

      It's called concentrating your efforts where it is likely needed most.

      And if your agency's name has been punctuated with they're fucking outta control, well I'd say you're fair game.

      Secrets imply greed and corruption. And the only way you're sitting around bitching about playing fair is if you are acting like a greedy corrupt fucker.

    2. Re:Don't single out EPA by Chalnoth · · Score: 2

      Well, that would completely eliminate a wide variety of potential research avenues. Many scientific studies are only possible because the data is confidential. Medical studies in particular: you really don't want the public to have access to the private medical data which is used in medical studies.

      In this specific case, there's a lot of international temperature data that is simply not available publicly, largely due to a variety of local political concerns.

    3. Re:Don't single out EPA by PaulBu · · Score: 2

      Medical studies in particular: you really don't want the public to have access to the private medical data which is used in medical studies.

      I can not see how this is a valid argument -- of course such data should be anonymized and not traceable to an *individual* patient (this is where privacy kicks in), but it is done in publicly published medical research anyway ("Patient A [not Sam Smith!] was responding to treatment... ").

      As to temperature data -- if there is suspicion that it is tainted by "local political concerns" -- should we even consider it to be valid *scientific* data?

      Paul B.

    4. Re:Don't single out EPA by Chalnoth · · Score: 4, Insightful

      Except that it's often surprising how easy it is to de-anonymize data. I would definitely not want my medical data made public, even with anonymization, because I know that some clever person may later come up with a way to link my identity to my medical data using a method that the original researchers never considered.

      As for temperature data, the nice thing there is that we have independent data sets. For temperature records, for example, we have satellite measurements which are fully public.

      In actuality, this restriction would have essentially zero impact on the scientific conclusions: it's just a way to attempt to block action on climate change. People could say, "But hey, some fraction of this data was gleaned from private sources," and use that as an attempt to throw out the whole thing, despite the fact that removing the private data doesn't change the overall conclusion.

    5. Re:Don't single out EPA by Anonymous Coward · · Score: 0

      If they don't make it universal, then they're showing an obvious bias and clearly pushing an agenda which is attempting to influence specific science.

      Well, first off, I'm not sure that specific studies which can not be vetted openly should be called "science". Secondly, what have they to fear? This is one case where it's obvious that people who have something to hide have been already biasing "specific science". True, there will be some medical data that can't be openly published and thus not the basis for open scientific based policy, but that isn't science.

      What if I told you I had a huge database that I'm basing my discovery of Quantum Super Symmetry on, but it's proprietary and no one can see the dataset. No scientist in the world would simply accept my claims without the raw data for my claimed evidence.

      I find it hilarious that you're trying to classify required openness as an attempt to influence scientific based policy, when in fact much bias was added by policy based on secret proprietary datasets.

    6. Re:Don't single out EPA by Obfuscant · · Score: 1

      you really don't want the public to have access to the private medical data which is used in medical studies.

      The law doesn't require public access to private medical data. The law doesn't require publishing the list of people's names and their conditions for a medical study. It requires publishing the process and the results in a way that allows the study to be repeated for verification.

      For example, the study using mice that showed that 10ppb As in drinking water harmed "mothers and their offspring" (mouse mothers and baby mice, not humans) didn't have to list the names of the mice, only aggregate numbers.

      Well, that would completely eliminate a wide variety of potential research avenues.

      No, the law does not do that.

    7. Re:Don't single out EPA by Obfuscant · · Score: 2

      I would definitely not want my medical data made public, even with anonymization, because I know that some clever person may later come up with a way to link my identity to my medical data using a method that the original researchers never considered.

      Some poorly-anonymized data can be de-anonymized.

      Here's a published result as would be required by law: "Of 1000 individuals with Crohn's Disease, 14% had a 200% increase of HDL levels after a three week exposure to water containing 30ppb As." Please de-anonymize that data. It's sufficient to reproduce the study and verify the results, but you can't determine the names of any of the participants.

      People could say, "But hey, some fraction of this data was gleaned from private sources,"

      "Gleaned from private sources" is irrelevant. "This data" is. It doesn't matter where the data came from, only that it be made available for review if it is going to be used for regulations.

    8. Re:Don't single out EPA by jopsen · · Score: 1

      In this specific case, there's a lot of international temperature data that is simply not available publicly, largely due to a variety of local political concerns

      Health data too... Lack of proper regulation of exhaust... and lack of gasoline taxes we see on most other industrialized nations causes a lot of pollution in the US... This affects both the global environment, but it certainly also kills a lot of people who live in cities in the US... Due to lung cancer, etc....

    9. Re:Don't single out EPA by rs79 · · Score: 1

      It kinda already is. How much experience do you have with this and what do you actually know about it?

      --
      Need Mercedes parts ?
    10. Re:Don't single out EPA by rs79 · · Score: 1

      Huh? We use terms like "patient A" or "patient 1212" or "Ellie P". Full names are never used in medical reports.

      You just made that up didn't you?

      Go look in Medline. If you don't know where that is you have no right talking about what medical reports look like.

      fyi, pharma companies hold data secret from doctors and doctors are furious:

      http://www.ted.com/talks/ben_g...
      (it's near the end ~15 mins)

      --
      Need Mercedes parts ?
    11. Re:Don't single out EPA by Anonymous Coward · · Score: 0

      Yes, they could say that, and honestly they should be saying that anyways. Unless there's a damn good reason which I have yet to hear why wouldn't they just publish the data? Over-compartmentalization is a serious problem throughout the entire government, and fixing it has to start somewhere even if the republicans are pushing it thinking it will magically change the facts.

    12. Re:Don't single out EPA by martin-boundary · · Score: 2

      In actuality, this restriction would have essentially zero impact on the scientific conclusions: it's just a way to attempt to block action on climate change. People could say, "But hey, some fraction of this data was gleaned from private sources," and use that as an attempt to throw out the whole thing, despite the fact that removing the private data doesn't change the overall conclusion.

      Stop politicizing Science. It doesn't matter if some people want to use the phrase "some fraction of this data was gleaned from private sources" as an excuse to block action. Action is irrelevant to Science. Science is about knowledge. Science doesn't have a timeline. Science is not about what *you* want.

      The proper scientific way is to accept objections every day, every year, every century, forever. It's the only honest way of testing, and retesting, conclusions. Sure it sucks for you that maybe there will be arguments in a hundred years about what you now believe to be true, and you could be wrong right now, or you could be right and you're just impatient that some people don't agree with you.

      Grow up. Science is not politics. It's not about action, it's about reasoning and truthful argumentation for as long as it takes.

      Truthful debate requires public scrutiny, period. Any private (hidden or proprietary) data doesn't advance the scientific debate. It's just hearsay. And while that is still information, it's not ever clear if it's disinformation. So it should not be cited, or relied upon, as sooner or later somebody else will have to redo the work in public. And if they can't then all the work that was done based off the private data may have to be thrown out.

      The history of Science is full of cases where beliefs that were based on "trustworthy" reports and experiments were thrown out hundreds of years later, when someone got the courage to redo a settled bit of Science. Science moves slowly. Accept it, and stop trying to justify your political views from the authority of Science. If you want something political done now, argue from political grounds. That is the proper way. That is the only honest way.

    13. Re:Don't single out EPA by Chalnoth · · Score: 1

      If the scientists who published the study were able to access the data, others can too.

      And it's really rich claiming that "politics shouldn't enter into it". This law is a political ploy to attempt to forestall action on climate change. Period. There is no scientific merit to be had here, just political maneuvering.

    14. Re:Don't single out EPA by martin-boundary · · Score: 1

      If the scientists who published the study were able to access the data, others can too.

      You're a fool. What if the scientists made up the data? The only thing keeping scientists honest is the constant threat of exposure. That's what public scrutiny provides.

      As to your political issues, please keep them separate from scientific concerns. Repeatability and full disclosure are the cornerstones of modern Science. It is always a good idea to require this.

    15. Re:Don't single out EPA by Chalnoth · · Score: 1

      Scientists replicate one another's findings in climate science all the time.

  5. What's the problem? by blue9steel · · Score: 1

    I'm sure they're trying to pull a fast one of some kind but I admit to not seeing the problem with this idea in general. Shouldn't we want them to be basing policy on publicly available data?

    1. Re:What's the problem? by Anonymous Coward · · Score: 1

      If this is the same as the House bill (as I recall it), one issue is that some data has to be kept anonymous -- patient data for testing the impacts of various policies on health outcomes, for example. This bill would prevent such studies from occurring because that data isn't publicly available.

    2. Re:What's the problem? by meerling · · Score: 4, Interesting

      "...argue that the secret science legislation would force EPA to ignore numerous studies. They say that not only do many studies contain public health or industry-submitted data that are confidential, but the legislation provides too little funding for EPA to obtain all the necessary raw data. And many studies, such as longitudinal surveys, are not realistically “reproducible,” scientific organizations worry."
      _
      As far as republican backed industry is concerned, anything like health and environmental issues that prevent them from doing whatever the hell they want is bad. The EPA is a big supplier of those things they hate, so if they can cripple the EPA, they get to do more things to make them money, despite it being dangerous to the public health and safety.
      So yes, they are trying to pull a fast one by attempting to eliminate as much as they can.
      It's kind of like a mafia lawyer trying to get the judge to throw out all witness testimony that is not 1st hand police testimony, or all evidence that has been touched or operated by someone other than a cop. So Uncle Johns being in the room and seeing Vinnie the Slasher cut up the victim gets thrown out, along with the fingerprints from the door because Uncle John used it to run out screaming for the cops, of which he is not one of. And forget witness protection also, you can't hide the names and address of Uncle Johns family either, since that kind of confidential information isn't "transparent" enough...

      Again, yes, it's a scam attempting to cloak itself in respectability. (Or more like trying to sneak sarin into the theater by hiding it in an empty first aid kit wrapped in bandages.)

    3. Re:What's the problem? by NicBenjamin · · Score: 1

      I'm sure they're trying to pull a fast one of some kind but I admit to not seeing the problem with this idea in general. Shouldn't we want them to be basing policy on publicly available data?

      Which would work great in a Communist Country.

      In the Capitalist US of A it's not unusual for the best source of data to be somebody's trade secrets. Maybe they're in the business of collecting (and selling) data and they offer scientists a peek for a price, or perhaps they're doing something (say burning different grades of coal in a power plant depending on business needs), and the EPA wants to use a study about it (perhaps the study correlates local air quality to the grade of coal burned). Unless the power-plant company is willing to release reams and reams of data on precisely which load of coal it burned which day into the public domain, that study is based on non-public data.

    4. Re:What's the problem? by towermac · · Score: 1

      Man, that's weak.

      Yes, some of the data in medical studies, like names and addresses, are kept secret. But the study itself, along with the data that shows whatever, is publicly available. Thus, under this bill, the EPA could use that study and the data.

      I think this is about climate change and model data. The conservatives aren't in a position to challenge the models because it's a black box, and no one is allowed to see in but a very few scientists and programmers. I can't hate them for wanting to turn the software and data over to a political ally scientist and ask 'what's in it'?

      My thought; if you believe a climate model can predict the future, then you have artificial intelligence, and someone should call the presses over that. I don't believe we will ever see AI out of a digital electric computer, and we sure don't have it yet. If a model shows climate change, then that just means scientists/programmer(s) think there is going to be climate change.

      And they should be able to explain, verify and test using real, publicly available science. And without using the word 'model', which reminds me of when consultants use 'synergy, cloud, and leverage'.

      Just for the record, I think it is obvious that burning millions of years of stored sunlight in a hundred years will affect the planet. The only thing worse than that, would be to give the left the authority to dictate our energy use.

    5. Re:What's the problem? by PopeRatzo · · Score: 1

      I'm sure they're trying to pull a fast one of some kind but I admit to not seeing the problem with this idea in general. Shouldn't we want them to be basing policy on publicly available data?

      Theoretically, but I'd sure feel better if it wasn't being pushed by the same party that forbids government scientists from uttering the words, "climate change".

      Because whatever you think of the notion of basing public policy on public data, you know this bill was written by lobbyists for the corporations most responsible for poisoning the air, water and ground.

      --
      You are welcome on my lawn.
    6. Re:What's the problem? by Obfuscant · · Score: 1

      In the Capitalist US of A it's not unusual for the best source of data to be somebody's trade secrets.

      This law has nothing to do with trade secrets. It says that data used to create rules by the EPA has to be publicly available in a way that can be reproduced.

      If the EPA is basing regulations on trade secrets, they are doing it wrong and should be stopped. It would have been amazing to the founding fathers for someone to say "we're making a law against doing something, but we can't tell you why...".

      Unless the power-plant company is willing to release reams and reams of data on precisely which load of coal it burned which day into the public domain, that study is based on non-public data.

      They don't have to be that precise. And if they've given the data to EPA, then it ought to be public domain because EPA is an agency of, by, and for the people.

      Interesting twist how now we want the government protecting companies and keeping secrets when we usually condemn that.

    7. Re:What's the problem? by NicBenjamin · · Score: 1

      You're either being intentionally confusing, or you're making your argument up out of whole cloth. With a name like "Obfuscant" I'd lean towards the former.

      As far as I can tell, the actual bill requires all data to be reproducible. That means the raw data used by a study has to be available publicly (and probably on the internet) or it's "secret science" and can't be used by the EPA. In fact most sources I've seen actually say that even including difficult to reproduce data bans the EPA from using the study. Several say flat-out that private data of all types is banned. The Amendment that would have fixed this would have given peer-reviewed articles a free pass on the point, and it was voted down by the committee.

      So please, tell me how you could use a private database in your study and still get it used by the EPA.

    8. Re:What's the problem? by akgooseman · · Score: 1

      The only thing worse than that, would be to give the left the authority to dictate our energy use.

      The only thing worse than that would be to give the industrialists free reign to pollute the entire planet.

    9. Re:What's the problem? by Anonymous Coward · · Score: 0

      Shouldn't we want them to be basing policy on publicly available data?

      Absolutely. Inarguable. What else should public policy be based on? It should be amusing to read the shuck and jive on arguments against.

    10. Re:What's the problem? by rs79 · · Score: 1

      Patient data is always anonymous. Show me one instance where it isn't. You can't.

      --
      Need Mercedes parts ?
    11. Re:What's the problem? by rs79 · · Score: 1

      You're making shit up.

      Even if it were true, corporate trade secrets don't trump public policy!

      If you make public policy based on private corporate data.... um, you can't see the problem with this?

      --
      Need Mercedes parts ?
    12. Re:What's the problem? by Obfuscant · · Score: 1, Insightful

      With a name like "Obfuscant" I'd lean towards the former.

      And now your argument is pure ad hominem.

      As far as I can tell, the actual bill requires all data to be reproducible.

      You tell wrong. Are you making it up out of whole cloth? It requires data to be available online in a form that anyone who wishes to verify or reproduce it can. It makes no requirement of reproducibility. Some people even lie and say that this law requires the EPA to reproduce it.

      That means the raw data used by a study has to be available publicly (and probably on the internet) or it's "secret science" and can't be used by the EPA.

      Close. You could read it for yourself if you want. It says nothing about all raw data, only "all scientific and technical information relied on to support such covered action". The raw data leads to results, the results are the scientific and technical information that are relied on.

      In fact most sources I've seen actually say that even including difficult to reproduce data bans the EPA from using the study.

      They lie. There is no such language in the law. Read it for yourself. It is even shorter than the FCC net neutrality rules.

      Several say flat-out that private data of all types is banned.

      They lie. The data isn't banned, but use of data that isn't available "in a manner that is sufficient for independent analysis and substantial reproduction of research results" cannot be used in formulation of EPA regulations.

      But what about private medical data? Doesn't have to be made available. "Nothing in the subsection shall be construed as requiring the public dissemination of information the disclosure of which is prohibited by law." If your private medical data is covered by HIPAA, it doesn't have to be made available -- but it doesn't have to be made available anyway, only the results used to support regulatory actions. If you've signed away your legal protections to that data, well, you should have gotten legal advice prior to signing.

      The Amendment that would have fixed this would have given peer-reviewed articles a free pass on the point, and it was voted down by the committee.

      The process of peer-review is prior to publication. If it is published, then put it online and the law is satisfied. People here seem quite enamored with Open Access publishing, so any law that furthers the cause should be greeted with open arms. But here we have opposition to law, so keeping science private is somehow good.

      So please, tell me how you could use a private database in your study and still get it used by the EPA.

      That depends on what the "private database" contains, but I'd say that if you want public regulations then you should provide support for your desire and not just "because I say so". If your entire study is based on someone's private database then you have reproducibility and validity issues from the get-go and that means you aren't really doing science, you're trolling for data to support whatever conclusion you're looking for. That's the kind of science this law would stop, and I think that's just fine.

    13. Re:What's the problem? by towermac · · Score: 1

      No, that would be second worst. If you put my back against the wall, and force me to choose, I'm going to choose freedom.

    14. Re:What's the problem? by dywolf · · Score: 1

      tell that to fracking companies.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    15. Re:What's the problem? by rs79 · · Score: 1

      And wouldn't it be nice to end that secrecy?

      --
      Need Mercedes parts ?
    16. Re:What's the problem? by NicBenjamin · · Score: 1

      So you'd prefer to make public policy based on no data?

      Or order corporations to open all their books to any scientist who asks?

      I'd actually like the second option, but there's no way in hell the Courts would ever allow it.

    17. Re:What's the problem? by NicBenjamin · · Score: 1

      Obfuscant is truly an apt name. You just said the law "requires data to be available online in a form that anyone who wishes to verify or reproduce it can," but it "It makes no requirement of reproducibility."

      Section 1 requires all 'scientific and technical information' to be public. Section 2, Subsection 3, B defines the term to include (among other things):
      "materials, data, and associated protocols necessary to understand, assess, and extend conclusions"
      You can't assess the conclusion without the raw data.

  6. The all-or-nothing fallacy by mi · · Score: 2, Insightful

    If they're going to create such a rule for EPA, then it should also apply to NIH, FDA, DOE

    You have to start somewhere.

    If they don't make it universal, then they're showing an obvious bias

    Even if there is such a bias, what of it? It is not like imposing this rule on the EPA today would prevent imposing it on other departments/agencies later.

    Besides, the opponents of the idea do not oppose it on the grounds, that it is not going far enough. Obama is not saying:"I will veto this bill unless the rule covers the entire federal government! No way, no how!!"

    --
    In Soviet Washington the swamp drains you.
    1. Re:The all-or-nothing fallacy by confused+one · · Score: 2

      We're saying the same thing. You directly, me via subtle sarcasm. However, This is clearly an indirect attempt to influence the science, which I oppose.

    2. Re:The all-or-nothing fallacy by ColdWetDog · · Score: 5, Interesting

      Because this is a transparent attempt to rein in the EPA on the grounds of 'science'. Seems OK as a sound bite, doesn't quite work well in the ugly real world. As noted in TFA, there are two major, practical objections:

      - The EPA doesn't get enough funding to do all of the studies by themselves. And there seems to be no mechanism in the proposed legislation to fix that little oversight. So it becomes an issue of perfect rather than practical. Sure, it would be best if everything were publicly funded and every bit of data published on the Internet, but it is arguably better if some 'imperfect' data is used rather than the very limited amount of data that is openly published.
      - Longitudinal data, by definition, isn't 'repeatable'. You don't get to rewind the tape (if you are unfamiliar with this analogy, look up 'VCR' and similar ancient technology).

      The way this bill is crafted makes it perfectly clear that good science is not the goal. Emasculating the EPA is.

      --
      Faster! Faster! Faster would be better!
    3. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      Requiring them to publish the "science" they are basing their rulings on is influencing science?

      Let me guess, you also think Obama's secret interpretation of the constitution and law that lets him murder US citizens without a trial is also ok.

    4. Re:The all-or-nothing fallacy by sumdumass · · Score: 4, Insightful

      Requiring them to publish the "science" they are basing their rulings on is influencing science?

      Yes, it is influencing the science.

      If you know what they know, you can check the science, if it is bad science, you can correct it. If it is good science, you can improve it. If you cannot improve it, you can accept it and champion it. And when you make your science available to others to do the same, the EPA can then use it too. See how all that influence is possible?

      The argument against influencing the science is essentially- stay out of this because we want it to mean what we want it to mean so we can justify doing what we want to do.

      Many people will ignore this reality and focus on politics- those evil republicans only want to stop the EPA from doing what we want them to do. To them, it is not about the science, it is about doing what they want the EPA to do.

    5. Re:The all-or-nothing fallacy by Okian+Warrior · · Score: 2

      Sure, it would be best if everything were publicly funded and every bit of data published on the Internet, but it is arguably better if some 'imperfect' data is used rather than the very limited amount of data that is openly published.

      You're assuming nothing else will change. If this bill goes through, there will be an enormous push to make the private data public, and probably most of it will.

      So... you're assuming the worst possible situation based on this change and everything else staying the same.

      One might also argue that this change will encourage other changes, and the end result would be better.

      I'm in favor of having information publicly available (for all departments, not just the EPA) and the argument about policy being made on secret information is compelling.

    6. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 5, Insightful

      I'm in favor of having information publicly available (for all departments, not just the EPA) and the argument about policy being made on secret information is compelling.

      The composition of the toxic cocktail that's used in horizontal fracturing is kept away from the public because it's a "trade secret". Do you believe the EPA should not be able to restrict the high-pressure injection of toxic chemicals into the aquifer because the information isn't "public"?

      Or are people going to have to be able to strip paint with their drinking water before they'll be able to find out what's in it? Because freedom?

      I'm in favor of having information publicly available (for all departments, not just the EPA)

      Look, I'm a big fan of Edward Snowden and Chelsea Manning too, but when you have corporations with vested interests in keeping information away from the public, forcing the government to only be able to act on information that's public will only let them run further amok.

      Maybe it's because I'm old enough to remember what the Great Lakes were like before the EPA. Gigantic bodies of "fresh" water that are too toxic to support life can really start to sour your opinion on the whole "get the government off corporations' backs" idea.

      --
      You are welcome on my lawn.
    7. Re:The all-or-nothing fallacy by Obfuscant · · Score: 1

      - The EPA doesn't get enough funding to do all of the studies by themselves.

      The law doesn't require the EPA to do the studies themselves.

      Longitudinal data, by definition, isn't 'repeatable'.

      The studies that produce data are supposed to be repeatable.

      Every time the topic of availability of scientific data comes up, the general cry from slashdot readers is that information ought to be free. Here's that philosophy writ into law. The data that EPA uses to make rules and regulations has to be available online. Why isn't that a good thing, if all data ought to be online anyway?

      The way this bill is crafted makes it perfectly clear that good science is not the goal. Emasculating the EPA is.

      If EPA is using unpublished, unreviewable data to make decisions, then yes, "emasculating" them is a good thing.

    8. Re:The all-or-nothing fallacy by Obfuscant · · Score: 2

      The composition of the toxic cocktail that's used in horizontal fracturing is kept away from the public because it's a "trade secret". Do you believe the EPA should not be able to restrict the high-pressure injection of toxic chemicals into the aquifer because the information isn't "public"?

      I think the studies that show that whatever is being used is harmful to the public should be public before those studies are used to make laws. The information that has to be public isn't "Company XYZ is using chemical Z", it is the study that says that chemical Z causes harm. Then EPA can ban its use.

      Is the problem the use of chemical Z, or that company XYZ is using it? Why isn't is enough to ban Z? Who cares if it is XYZ or QRS, or what the mix they use is?

    9. Re:The all-or-nothing fallacy by rtb61 · · Score: 2

      The whole intent is pretty straight forward. They want all of the data public, so that it can be challenged in court, for years, prior to any changes. They will back this up with straight up junk science, not to defeat the real science but simply to bog it down in court. So one legislative change might be based upon hundreds of reports, they will simply cherry pick one report that can most readily be challenged, produce a counter junk science report and then block the legislative change until it is all resolved in court.

      Mind you the stupidity of this is mind boggling, they are basically going to crap all over there own nest, why, because they are immune to pollution and toxins, nope, just stupidly greedy.

      --
      Chaos - everything, everywhere, everywhen
    10. Re:The all-or-nothing fallacy by Jane+Q.+Public · · Score: 1

      This.

      Mod up.

    11. Re:The all-or-nothing fallacy by Obfuscant · · Score: 2

      The whole intent is pretty straight forward. They want all of the data public, so that it can be challenged in court, for years, prior to any changes.

      The laws are already challenged in court, for years. It's harder for EPA to win such lawsuits if the data is private, so making it public is a good thing.

      They will back this up with straight up junk science,

      This law is intended to prevent the use of junk science in regulatory activities. Make it public so it can be reviewed in public.

      not to defeat the real science but simply to bog it down in court.

      Real science can stand up to scientific scrutiny, so making the science public prior to making laws means it can be scrutinized. Keeping it secret just BEGS for lawsuits since there is otherwise no justification for the laws.

      So one legislative change might be based upon hundreds of reports, they will simply cherry pick one report that can most readily be challenged, produce a counter junk science report and then block the legislative change until it is all resolved in court.

      Let's see. Hundreds of reports say one thing, one says another. Is it better for EPA to go to court with nothing trying to counter the one available public report that says they were wrong to create a law, or would it be better for EPA to have hundreds of publicly reviewed reports to drop on the table to counter that one?

      You think the public review of science that goes into a law will cause more lawsuits. Lawsuits will happen when EPA appears to be capricious, not when they can back up everything they do with verified and verifiable data.

      Mind you the stupidity of this is mind boggling,

      The stupidity of having data used to create regulations for the public be publicly available? I think it is common sense.

    12. Re:The all-or-nothing fallacy by Jane+Q.+Public · · Score: 2

      Do you believe the EPA should not be able to restrict the high-pressure injection of toxic chemicals into the aquifer because the information isn't "public"?

      We agree on many things, but this isn't one of them.

      The EPA clearly (at least at present) has jurisdiction over polluted groundwater. That's the kind of thing it was created for.

      Industry is not "allowed" to pollute groundwater just because its use of the pollutant is a "trade secret". That's not how it works. This is about the basis of regulations. If the public and "reasonably reproducible" science says (thin air example) isofurans above 20ppb are harmful to health, they can be regulated.

      That means they could not be released into groundwater, "trade secret" or not. (Not that I am any fan of EPA... I have had far too much experience with it to think it is our friend.)

      Look, I'm a big fan of Edward Snowden and Chelsea Manning too, but when you have corporations with vested interests in keeping information away from the public, forcing the government to only be able to act on information that's public will only let them run further amok.

      That's really not how it is written. I suggest you read the actual bill.

    13. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      If the public and "reasonably reproducible" science says (thin air example) isofurans above 20ppb are harmful to health, they can be regulated.

      There isn't any "reasonably reproducible" isofuran science, just biased propaganda that Obama bought with $106 billion to spread isofuran alarmism.

      See how easy that is?

    14. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      Industry is not "allowed" to pollute groundwater just because its use of the pollutant is a "trade secret".

      No, they're allowed to pollute groundwater by lobbyists bribing legislators to make it so that regulatory agencies have to accept corporate oversight. And through creating a climate of fear where government scientists are told that certain words, like "climate" and "change" are not allowed. And make no mistake, this bill is written by corporate lobbyists, which to me is enough to disqualify it entirely. I don't care if it gives kittens to cancer kids, if the bill sprung from the mind of a corporate lobbyist, I'm agin' it. Remember, an earlier draft of this bill forbade government agencies from using scientific "models".

      Most of the problems in the US today come from the corrupting influence of corporate hegemony over our political system and governance. The only solution is to make corporations afraid for their very lives. If it takes an EPA with the ability to make them squirm, then that'll have to do until the People learn to do it and find the will.

      --
      You are welcome on my lawn.
    15. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 4, Informative

      The idea that the Great Lakes would revert to sludge without the dear EPA to save them is a little ridiculous.

      Well, the Great Lakes were pretty much sludge before the EPA started busting balls, so maybe not so ridiculous after all. You live anywhere near Lake Erie? Southern Lake Michigan? Before the EPA, most American cities were starting to look like downtown Bejing. I remember going to LA in the early '80s and the air was green. Today, you go to LA, and with the same number of cars, the air is actually breathable without mask.

      Don't give Big Business so much credit. It makes you look like a toady to the plutocrats.

      There, that's better.

      --
      You are welcome on my lawn.
    16. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      I think the studies that show that whatever is being used is harmful to the public should be public before those studies are used to make laws. The information that has to be public isn't "Company XYZ is using chemical Z", it is the study that says that chemical Z causes harm. Then EPA can ban its use.

      Benzene can be a useful substance in certain controlled situations, but it's not safe for people to drink. How does "banning chemical Z if it's harmful" deal with that? And if a fracking compound is a "trade secret", then how does the EPA ban its use without making public the composition?

      Is the problem the use of chemical Z, or that company XYZ is using it? Why isn't is enough to ban Z?

      How do you think "Z" gets banned? Through an act of Congress? Not likely, since you have 3/4 of congress on the payroll of the corporation that makes "Z". The EPA can do that, specifically because they're not elected.

      The only reason we're getting this micromanagement by congress of the EPA and the science it relies on is because the corporatists can smell victory over any government oversight or regulation. They know they're just a Republican president away from completing the coup once and for all.

      As Thomas Jefferson said,

      I hope we shall crush in its birth the aristocracy of our monied corporations which dare already to challenge our government to a trial by strength, and bid defiance to the laws of our country

      --
      You are welcome on my lawn.
    17. Re:The all-or-nothing fallacy by Jane+Q.+Public · · Score: 1

      And make no mistake, this bill is written by corporate lobbyists, which to me is enough to disqualify it entirely.

      I've read the bill, and it looks completely reasonable to me. I don't much care who wrote it; I only care about what's in it.

      (Certainly who wrote it might cause enough alarm to justify actually reading it, but it isn't excuse to damn it without reading it.)

      Remember, an earlier draft of this bill forbade government agencies from using scientific "models".

      No, it didn't. It merely required whatever models are used to be made public.

    18. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      The way this bill is crafted makes it perfectly clear that good science is not the goal. Emasculating the EPA is.

      It's more like a mild lobotomy.

    19. Re:The all-or-nothing fallacy by Obfuscant · · Score: 2

      Benzene can be a useful substance in certain controlled situations, but it's not safe for people to drink. How does "banning chemical Z if it's harmful" deal with that?

      Because the actual regulation wouldn't be "ban benzene", it would be "the MCL for benzene in public drinking water is X ppb", just as the regulations regarding MCL in drinking water are already written. I didn't think you would see a statement about banning chemical Z as a claim that the regulation would say nothing but "ban chemical Z". Sheesh. I thought the context of "toxic chemicals used in fracking" would have been obvious and assumed.

      How do you think "Z" gets banned?

      By writing a regulation. That regulation doesn't need to say anything about the mix of chemicals some oil company is using to frack, or any knowledge about the mix at all. All it has to do is ban Z for that use -- based on solid, reviewable studies that Z actually is bad and not just someone saying they think is must be bad and should be banned. Nobody needs to know what the mix is, or even if company XYZ is fracking or not. All there needs to be is a study showing why Z should be banned. For use in fracking. By ANY company.

      The only reason we're getting this micromanagement by congress of the EPA

      It's not micromanagement to require EPA regulations to be based on publicly available and reviewable science. It's common sense.

      because the corporatists can smell victory over any government oversight or regulation.

      Oh for goodness sakes. The law requiring public availability of data that regulations are based on doesn't prevent regulation. Not even close. Do you even know what the law says?

    20. Re:The all-or-nothing fallacy by Obfuscant · · Score: 1

      No, they're allowed to pollute groundwater by lobbyists bribing legislators to make it so that regulatory agencies have to accept corporate oversight.

      This law has nothing to do with corporate oversight.

      And through creating a climate of fear where government scientists are told that certain words, like "climate" and "change" are not allowed.

      This law says nothing about preventing the use of certain words.

      Remember, an earlier draft of this bill forbade government agencies from using scientific "models".

      THIS law says nothing about banning models.

      The only solution is to make corporations afraid for their very lives. If it takes an EPA with the ability to make them squirm, then that'll have to do

      So, basically, fuck science, if the EPA can write regulations that stop companies from doing things you don't like just because you don't like it, that's fine with you. The EPA doesn't have to have any reason at all to enact regulations strangling some corporate activity because corporations don't deserve fair treatment based on scientific evidence, they just need to be punished.

      I would have hoped you understood that EPA also impacts private citizens and the same regulations that apply to evil corporations also apply to people like you. I say, fuck science, any regulation the EPA can come up with that smacks PopeRatzo down is a good'un. If science isn't necessary for corporate rules, they aren't necessary for public rules either.

    21. Re:The all-or-nothing fallacy by cayenne8 · · Score: 1
      It seems more than reasonable to me...I mean, why not?

      I thought the Obama administration promised to be the most "transparent" one to take office?!?!

      I can't see it being any more transparent than by basing their studies on data that everyone can see and independently confirm or debate...no?

      What am I missing here?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    22. Re:The all-or-nothing fallacy by rs79 · · Score: 2

      "The way this bill is crafted makes it perfectly clear that good science is not the goal. Emasculating the EPA is."

      If making the data the EPA makes policy on available to anybody is emasculig the EPA then the EPA deserves to be emasculated.

      We don't have secret laws in this country, how would you know if you've broken one?

      Secret science is a hideous idea. We can disagree on how we should handle a situation, that's policy but the fundamental facts of the matter do not improve with secrecy.

      --
      Need Mercedes parts ?
    23. Re:The all-or-nothing fallacy by gl4ss · · Score: 1

      it's a lot simpler for them to quote studies as basis of their policies than to create original research that they never terll anyone about.

      however, it makes pork barreling much harder. if they want to protect something or ban something then they need to quote why it's bad.

      I don't understand what the fuss is about though, like, isn't this how you would expect EPA to be set up in the first place? like let's say they ban one kind of a plastic and give green light to another kind of plastic, wouldn't the public have the right to know why they think the other is harmful and the other is not? if they don't tell, then it's exactly for this reason why USA is full of conspiracy idiots, creationists etc...

      --
      world was created 5 seconds before this post as it is.
    24. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      My guess - no, my certainty - is that you have not read this law. That you have no idea what's really in the law, or what the law covers and does not cover.

      I would have hoped you understood that EPA also impacts private citizens and the same regulations that apply to evil corporations also apply to people like you.

      I don't have a problem with the EPA not allowing me to inject benzene into the aquifer. Do you? What's your biggest beef, personally with EPA regulations? The CAFE standards on cars? I'm serious, Obfuscant, I want to know how the EPA impacts you personally in a way that doesn't have anything to do with corporations. I'm looking for the personal angle here.

      I say, fuck science, any regulation the EPA can come up with that smacks PopeRatzo down is a good'un.

      Because you're trying to prevent my burgeoning hegemony over government and politics? I have to say I'm a bit flattered.

      --
      You are welcome on my lawn.
    25. Re:The all-or-nothing fallacy by currently_awake · · Score: 1

      testing your drinking water and publishing the results shouldn't violate trade secret laws.

    26. Re:The all-or-nothing fallacy by Obfuscant · · Score: 2

      My guess - no, my certainty - is that you have not read this law. That you have no idea what's really in the law, or what the law covers and does not cover.

      And I am even more certain that YOU have not read it. You talk about trade secrets or banning the words "climate" and things that aren't covered at all. You talk about "previous versions" of this bill that "ban models", yet haven't noticed the implicit acceptance of computer models in 2(3)B(ii). You think that data about a specific company's fracking mix has to be made public before studies that show any of the chemicals in that mix can be banned for use in fracking, and that's just not true.

      It should be clear I've read it. I've quoted from it extensively in previous discussions about it, and in this one.

      I don't have a problem with the EPA not allowing me to inject benzene into the aquifer. Do you?

      Stop being obtuse. If the only jurisdiction the EPA had was how much benzene someone could inject into an aquifer you might have some point. Their reach extends MUCH further than that, and you don't know what rules they might make tomorrow that impact you. Now, it's nice that you want them to be able to do it based on "we say..." from someone who can't produce a scientific study supporting their claims, but I am not so tolerant of government regulation.

      What's your biggest beef, personally with EPA regulations?

      You haven't read the bill and cannot support any of the claims you make about it, so you try to turn it into some personal issue to sidetrack the discussion. I have a common sense belief that they need to justify ALL of their regulations with science that can be reviewed by anyone who wishes to do so. It's that simple. Why do you have a problem with such review? What regulations do you personally want that cannot be supported by scientific studies and fact? I know because you've already told us: anything that can smack down evil corporations.

      Because you're trying to prevent my burgeoning hegemony over government and politics?

      No, because YOU support any regulations that the EPA can come up that would smack me down, based on nothing more than "PopeRatzo says ...". Sauce for the goose is sauce for the gander.

      By the way, the job of the EPA is not to "prevent burgeoning hegemony" over anything, it's to create rules to protect the environment. Period. Those rules need justification. Why shouldn't they? I have yet to see anyone explain why they shouldn't.

    27. Re:The all-or-nothing fallacy by Em+Adespoton · · Score: 1

      Well, we could look at this another way: if the EPA can only work with public data, that means that it can require fracturing cocktails be made public, or the operators get shut down completely.

      I bet if the Republicans pushing these changes got that sort of a response, they might re-think the bill.

    28. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      > Maybe it's because I'm old enough to remember what the Great Lakes were like before the EPA. Gigantic bodies of "fresh" water that are too toxic to support life can really start to sour your opinion on the whole "get the government off corporations' backs" idea.

      As the kids used to say: Word. PopeRatzo just nailed it.

    29. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      And I am even more certain that YOU have not read it.

      Exactly so. My suspicions and objections are based entirely on the fact that the party pushing this law is entirely in the pocket of the worst polluters. They are on record as wanting to get rid of the EPA.

      Can you think of a more valid reason to oppose it?

      Further, are you sure there is even a problem for this Republican solution? How many of the EPA regulations are based on "secret science" anyway? Which ones?

       

      --
      You are welcome on my lawn.
    30. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      Yes, it is influencing the science.

      If you know what they know, you can check the science, if it is bad science, you can correct it. If it is good science, you can improve it. If you cannot improve it, you can accept it and champion it. And when you make your science available to others to do the same, the EPA can then use it too. See how all that influence is possible?

      This is not influence, this is business as usual for science.

    31. Re:The all-or-nothing fallacy by Coren22 · · Score: 1

      You do realize that the EPA would already regulate fracking if there were danger to ground water. Funny thing, but if the oil they are fracking for was anywhere near the water, it would already be in your water, in fact, fracking happens nowhere near water as the water would have removed the oil long ago. The depth differences are pretty extreme in the case of fracking.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    32. Re:The all-or-nothing fallacy by Coren22 · · Score: 1

      What is this logitudinal data? It sounds like position data...

      How was the data produced? Who produced it? Why are they keeping it secret? Does the benefit to we the people outweigh the right of secrecy of the data?

      Last I checked, but climate data and studies of the harm of substances, the majority of the data is collected by the government (NOAA, NIH, NASA, etc), so therefore it should be public data. If you feel that the data should be hidden, and all the studies should be "on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'." -Arthur Dent, Hitchhiker's Guide to the Galaxy

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    33. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      If this was a bill coming from a Democrat Senate it would be lauded as propelling the cause of science and making sure that the EPA of the future under those evil Republicans will be driven to act on science alone.

      Since it's coming from a Republican Senate, it's an evil bill secretly trying to undermine science.

      Science needs to be careful in how far into the political quagmire lest it comes out with some of the stink.

    34. Re:The all-or-nothing fallacy by Obfuscant · · Score: 1

      And I am even more certain that YOU have not read it.

      Exactly so.

      You have the nerve to claim that I haven't read the bill and then admit that you haven't bothered to read it yourself. You'd rather make asinine claims about what the bill would require without knowing what the bill actually says just so you can play political football. You're arguing against the bill without even knowing what it says.

      Can you think of a more valid reason to oppose it?

      Yes. If it were a bad bill it would be a more valid reason to oppose it. You realize, I hope, that you've just admitted that you are opposing every bill Republicans propose just because they are Republicans. I really hope I never find you saying that the Republicans are bad because they opposed Obama's policies and hoped that none of them passed.

      Further, are you sure there is even a problem for this Republican solution?

      I see no problem with this "Republican" solution. You have shown none, all you've done is make stuff up and parrot the talking points you've been given.

      How many of the EPA regulations are based on "secret science" anyway?

      Who cares? Why are you in favor of regulation based on nothing more than heresay? Wait, I know, it's because you think the EPA should be a bludgeon against those awful companies that make money. Spouting about "hegemony" was a dead giveaway.

    35. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      I'm in favor of having information publicly available (for all departments, not just the EPA) and the argument about policy being made on secret information is compelling.

      The composition of the toxic cocktail that's used in horizontal fracturing is kept away from the public because it's a "trade secret". Do you believe the EPA should not be able to restrict the high-pressure injection of toxic chemicals into the aquifer because the information isn't "public"?

      Or are people going to have to be able to strip paint with their drinking water before they'll be able to find out what's in it? Because freedom?

      Here is your trade secret:
      https://fracfocus.org/chemical-use/what-chemicals-are-used
      Don't tell the evil petroleum companies that I let you know about their trade secret (I use HTTPS in the URL so no one will know).

    36. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      Who cares? Why are you in favor of regulation based on nothing more than heresay?

      So, without evidence that there are regulations based on "secret science", you insist on a law forbidding them.

      No wonder we have such big, out-of-control government. It's because of "Legislate first - ask questions later" big government types like you. It's why every single Republican congress passes laws against using federal funding for abortion, when it's already the law.

      And that's my biggest complaint with this bill. It's a bullshit law, based on nothing, and exists only to appease donors and further an anti-regulatory agenda at the behalf of the companies that are in greatest need of regulation.

      --
      You are welcome on my lawn.
    37. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      You do realize that the EPA would already regulate fracking if there were danger to ground water. Funny thing, but if the oil they are fracking for was anywhere near the water

      You do realize that a simple google search would have confirmed that fracking fluids are already appearing in groundwater and posing a threat to health.

      http://www.scientificamerican....

      https://www.propublica.org/art...

      http://usatoday30.usatoday.com...

      http://www.nytimes.com/2011/08...

      http://www.sourcewatch.org/ind...

      --
      You are welcome on my lawn.
    38. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 1

      Your list is incomplete. Maybe if you'd spent just a moment reading the page you linked to, you'd know that.

      "As previously noted, chemicals perform many functions in a hydraulic fracturing job. Although there are dozens to hundreds of chemicals which could be used as additives, there are a limited number which are routinely used in hydraulic fracturing. The following is a list of the chemicals used most often."

      --
      You are welcome on my lawn.
    39. Re:The all-or-nothing fallacy by Obfuscant · · Score: 1

      No wonder we have such big, out-of-control government.

      Given your desire for the EPA to be used as a bludgeon to keep evil companies from hegemonizing burgeoning whatevers by creating more and more rules to smake them down with, you are being hypocritical beyond all imagination here.

      You haven't read the bill, you cannot comment on it intelligently. You are a waste of time.

    40. Re:The all-or-nothing fallacy by cwsumner · · Score: 1

      We're saying the same thing. You directly, me via subtle sarcasm. ...

      Don't use sarcasm on the Internet. Without the body language and facial cues, most people will not recognize it.
      Say what you mean, straight-out. 8-)

    41. Re:The all-or-nothing fallacy by Anonymous Coward · · Score: 0

      I love your implicit assumption (not stated, but if you didn't intend it, my 3 year old son communicates more effectively than you) that all data the EPA uses is hidden away from the public and never scrutinized.

  7. Regulatory Capture by JBMcB · · Score: 1, Interesting

    If you're wondering why using "secret" science to regulate various environmental issues is a bad idea:

    Researcher A: I've just discovered a substrate that makes solar cells 50% more efficient. This pushes their cost effectiveness to the point of making widespread adoption a no-brainer.

    Researcher B, funded by the coal lobby: Hey EPA - this new solar substrate causes birth defects in robins! You can't show the proof to anyone though as it involves a secret process...

    EPA: OK, effective immediately this substrate is banned.

    --
    My Other Computer Is A Data General Nova III.
    1. Re: Regulatory Capture by Anonymous Coward · · Score: 0

      Is your Strawman GMO or Organic?

    2. Re:Regulatory Capture by Anonymous Coward · · Score: 0

      But if this is the case, why are Repubs pushing the bill, and Dems resisting?

      "Funded by the coal/oil lobby" might as well be tattooed on the foreheads of most (R) congresscritters.

         

    3. Re:Regulatory Capture by Anonymous Coward · · Score: 0

      And so you're having a hard time figuring out why the (R) congresscritters would like to de-fang the EPA?

    4. Re:Regulatory Capture by Nemyst · · Score: 1

      Except that's not quite how it works. The EPA would instead ask for the study showing this link, call it utter bullshit, and carry on.

    5. Re:Regulatory Capture by taustin · · Score: 1

      Note that either Researcher A or Researcher B, or even both, could be shoveling manure. If the research is allowed to be kept secret, and the EPA allowed to use it while keeping it secret, either can be either:

      1) Suppressing valuable new inventions to protect dying industries, or

      2) Promoting stock scams for political allies of the administration.

      Or, of course, both at the same time.

    6. Re:Regulatory Capture by NicBenjamin · · Score: 1

      Us Americans are really great at promoting logical theories of how government policy works, but not very good at integrating real world data into that.

      Researcher B would have to provide his data to the EPA for that to work, and then when the EPA gets sued by researcher A's company the EPA would be required to show his study to the Court and the plaintiff on strict condition that they reveal no confidential data. If the EPA's BS argument based on a aBS study stands up in Court then all structural protections for the protection of this guy's right to bring his solar panel to market were doomed anyway, because the opponents of said panel had successfully rigged the Courts.

      OTOH, let's say somebody does a study that involves a private company's data. Perhaps they're correlating output of a copper mine to negative effects in the neighboring stream. Well the output of a copper mine is a closely guarded trade secret, so half the data either has to be bought from the company or recreated by the EPA and released to the public. Otherwise it's a banned "secret study."

    7. Re:Regulatory Capture by Anonymous Coward · · Score: 1

      Actually that is how it does currently work. The IPCC makes a claim, shows the output of some models, and says CO2 is going to destroy the planet unless the EPA regulates it. No one is allowed to see that data, or the models, or anything else that goes into making that report. 10 years later, every SINGLE prediction by the IPCC is 100% wrong every time.

      So they proposed a political solution to a problem that they fabricated and refused to allow it to be peer reviewed. Congress has refused to pass any laws regulating CO2. EPA has passed regulations based on this "junk science" because people who are up for votes won't risk their futures on it so we need unelected people to do it because they actually know its all falsified data and will be obvious soon (as in 18 years of no warming).

      So the EPA either asks for the study and doesn't get it and passes regulations anyways, or they do get it and see its bullshit and pass the regulations anyways.

    8. Re:Regulatory Capture by Anonymous Coward · · Score: 0

      Because right now what happens is

      DuPont: "I've got this awesome new flame retardant that is half the cost of the current standard!"

      Researcher A: "After 5 years, 997 out of 1000 people sleeping on a mattress treated with this new flame retardant developed breast cancer. Even the men."

      DuPont: "Prove it with the names, addresses and phone numbers of every one of those 997 people so we can contact them all and confirm they got breast cancer and then grill them on their history of everything they've done for years, including all of their sexual partners, employers and so on. Oh, you signed a confidentiality agreement? What a shame, I guess this research data isn't publicly available then!"

      It has become increasingly clear to me that the party in power doesn't give a shit what happens after the next election when it votes itself more power. Either they win the next election and use their power, or they lose the next election and "fuck it, golden parachute" courtesy of their corporate backers. If a decade after it passes someone uses it to screw up these same corporate donors... well, in a decade I guess the donors will have a new wave of lackeys bought off, so it will be fixed when the time comes.

    9. Re:Regulatory Capture by JBMcB · · Score: 1

      EPA: We need to see that study.

      Researcher B: Sure, it uses a novel Beysian quantitative analysis based on 3 dimensional heat maps of multivariate data. I'm sure you have a team of domain-specific PhDs to go over the statistical methodology.

      EPA: No, we're going to need more evidence...

      Researcher B: What's that? I can't hear you over the screaming Greenpeace and Audubon Society protesters. Seriously, you need to do something about this industrial toxin poisoning our biosphere!

      --
      My Other Computer Is A Data General Nova III.
    10. Re:Regulatory Capture by JBMcB · · Score: 1

      LOL regulatory capture :)

      http://grist.org/politics/2011...

      --
      My Other Computer Is A Data General Nova III.
    11. Re:Regulatory Capture by NicBenjamin · · Score: 1

      Which is irrelevant because they get sued, and the data comes out in Court. This is how Checks and Balances work.

      Your argument is like saying "OMG! The Prosecutor can seek charges whenever he wants! Clearly he will abuse this power to arrest millions for years!"

    12. Re:Regulatory Capture by Obfuscant · · Score: 1

      Researcher B: Sure, it uses a novel Beysian quantitative analysis based on 3 dimensional heat maps of multivariate data. I'm sure you have a team of domain-specific PhDs to go over the statistical methodology.

      The law doesn't require the EPA to have a team of domain-specific PhDs to go over the data. It requires YOU to put the data online in a way that someone who chooses to do so can verify it.

      Researcher B: What's that? ... Seriously, you need to do something about this industrial toxin poisoning our biosphere!

      Ok, make the data available for review and we'll see what others qualified in the field make of it. Why are you trying to push regulations on the public when you refuse show them the data to support it?

    13. Re: Regulatory Capture by rs79 · · Score: 1

      That is not a strawman argument that is a very valid hypothetical argument. At least it was when I took formal logic in University.

      --
      Need Mercedes parts ?
    14. Re:Regulatory Capture by rs79 · · Score: 1

      Because global warming is a lie and the GOP are going to call out the dems on this.

      If global warming is only true because of secret data then it probably isn't true.

      --
      Need Mercedes parts ?
    15. Re:Regulatory Capture by rs79 · · Score: 1

      Do they sell the copper in secret too? Maybe I'm crazy but don't annual reports from mining companies list minor details how much yield the mine makes to entice investors.

      If you're gonna make shit up at least base it on reality. Secret science that relies on secret mine output. Good God man listen to yourself, you're advocating just letting Corporations call the shots. What do we even need government for? Just let the Corporations run it all. /me - runs away screaming.

      --
      Need Mercedes parts ?
    16. Re:Regulatory Capture by Anonymous Coward · · Score: 0

      Citation? Yeah, fuck you.

    17. Re:Regulatory Capture by rahvin112 · · Score: 1

      If you think that's how science or EPA policy and rule making takes place you are a moron. You've presented an example that's not feasible, not within the required policy frameworks and not even reasonable. Yet you present it like it's rational. Maybe learn about how the rule making process works, if you understood even 10% of that you would know how stupid your example is.

      This bill has one intent, to gut environmental science and the EPA's rule making authority and do so covertly rather than just abolishing the EPA that Congress created. But they are to chickenshit to actually try to abolish the EPA because they know the bad press would kill them. Just like no matter how many times they say they want to abolish medicare when the chips are down they won't propose or vote on a single bill to do so because the electorate would kill them. If they weren't so chickenshit they would try to change the law they wrote to alter the NEPA law so it can't be used for CO2. Good luck getting them to not be chickenshit.

    18. Re:Regulatory Capture by JBMcB · · Score: 1

      Your argument is like saying "OMG! The Prosecutor can seek charges whenever he wants! Clearly he will abuse this power to arrest millions for years!"

      That may not be the best example for alleging hyperbole.

      --
      My Other Computer Is A Data General Nova III.
    19. Re:Regulatory Capture by dywolf · · Score: 1

      Because global warming is a lie and the GOP are going to call out the dems on this.

      No it's not, and youre an idiot for saying it is.

      The overwhelming majority of the worlds scientists and not engaged in a global conspiracy for some god ony knows reason.

      If global warming is only true because of secret data then it probably isn't true.

      Then today is your lucky day.
      Because There is no secret data.
      It's a myth.

      Here, let me google that for you .

      Oh there it is, on the very first page:

      http://www.ncdc.noaa.gov/data-...
      http://berkeleyearth.org/sourc...
      http://data.giss.nasa.gov/

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    20. Re:Regulatory Capture by rs79 · · Score: 1

      Care to put money on this?

      I've read all that. It's what you haven't read is the problem.

      When your opponent starts off with an adhiminem you know they have no data.

      http://rs79.vrx.net/opinions/i...
      http://rs79.vrx.net/opinions/i...
      http://rs79.vrx.net/opinions/i...
      http://rs79.vrx.net/opinions/i...
      http://rs79.vrx.net/opinions/i...
      http://rs79.vrx.net/opinions/i...

      --
      Need Mercedes parts ?
    21. Re:Regulatory Capture by NicBenjamin · · Score: 1

      You do realize that all the company will tell investors is how much the copper earned on the market, and since futures contracts were invented it's actually possible to sell copper BEFORE you mine it?

      Many, many studies are done using data sets the public doesn't have access to. Frequently these studies are much more interesting then the ones based on public data (like Census data) because everybody already has access to the Census.

    22. Re:Regulatory Capture by NicBenjamin · · Score: 1

      To be exaggerating to emphasize one's point it is necessary that one have a point. My argument is that you do not have a point in the first place.

      You have standard-issue-Amserican-paranoia about both governmental power and corporate power, informed by frequent reading of British SciFi emphasizing the danger of the bureaucratic state. It is totally uninformed by the reality of said state, or the difficulties a corporation would have in getting a competitor's product banned in the US, etc.

      If there is ever a time when a scenario anywhere close to what you mention actually happens, the scenario you mention will be the least of our worries. By far. Because for that to happen a) the Judicial branch will have to be totally subject to the Executive, b) that Executive will be totally subject to corporate control, and c) those corporations doing the control will have to be so small-c-conservative that they'd prefer making a small profit on coal to dominating the Solar Market.

    23. Re:Regulatory Capture by Anonymous Coward · · Score: 0

      > If you think that's how science or EPA policy and rule making takes place you are a moron.

      Nah, you are a moron. Running your mouth with nothing to back it up.

      Still waiting for you to provide evidence for your unsourced claims.

  8. Basing decisions on publicly available data? by roc97007 · · Score: 1

    Basing policy decisions on data that can be peer reviewed -- why would this even be an issue? Isn't this better than "you can't do that, and we won't tell you why" or the nebulous "studies say". What studies? Secret studies. Ok...

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  9. If Congress is for it by WillAffleckUW · · Score: 3, Insightful

    If Congress is for it, it probably isn't science.

    "Secret Science" must be their code words for real science.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:If Congress is for it by Black+Parrot · · Score: 4, Insightful

      An earlier version of this general effort used language that would forbid reference to models in policymaking.

      Presumably written by some clown club that doesn't know that models are what science produces. They were transparently trying to outlaw use of the computer models that climate science relies so heavily on. (And other branches of science, but climate science is the branch that's driving corruption^w campaign donations right now.)

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:If Congress is for it by PopeRatzo · · Score: 1

      +1 Insightful and I'd kiss you if you were here.

      --
      You are welcome on my lawn.
    3. Re:If Congress is for it by rs79 · · Score: 1, Insightful

      "An earlier version of this general effort used language that would forbid reference to models in policy making."

      Hi. Math major here. Let me explain something about models.

      They are a mathematical simulation of a natural phenomenon.

      The test of a model is how well it tracks reality. If if predicts behaviour correctly we can have some confidence in the model.

      The error bars of the climate models are 75%. That means a chimp tossing a coin could guess better. You can't make public policy from that.

      75% error looks like this: 2 + 2 = 7

      The climate models are 25 years old now and with refinements over the years should be pretty good. But they're not, they're so bad you can pretty much throw them out.

      Freeman Dyson warned about this:
      "Their computer models are full of fudge factors."
      http://blog.nj.com/njv_paul_mu...

      NASA pointed out they were wrong (and confirnmed Dyson) in 2010.
      8th December 2010 13:24 GMT - A group of top NASA and NOAA scientists say that current climate models predicting global warming are far too gloomy, and have failed to properly account for an important cooling factor which will come into play as CO2 levels rise.
      http://www.theregister.co.uk/2...

      Here's a graph of all the climate models compared to actual temperature measurements. See the divergence?
      http://rs79.vrx.net/opinions/i...

      "When your hypothesis doesn't agree with nature, it's wrong" - Richard Feynman.

      --
      Need Mercedes parts ?
    4. Re:If Congress is for it by thrich81 · · Score: 1

      You should have stopped at "math major", so you've just admitted that you are not an expert in the models and analysis specific to the climate field. Every person with a STEM major thinks they are qualified to criticize climate science. You don't hear everyone with a STEM major yapping in with their opinion when the subject of a proof of the Riemann hypothesis comes up. By the way I was a math major, too, and I work with climate scientists and in their specialty they know a lot more about the math involved than I do.

    5. Re:If Congress is for it by rs79 · · Score: 1

      It does not surprise me people you work with know more than you. The model is still wrong and that's still why it can't be used to craft public policy.

      http://rs79.vrx.net/opinions/i...

      --
      Need Mercedes parts ?
    6. Re:If Congress is for it by rs79 · · Score: 1

      Also, math is either right or wrong. Your amusing screed, which amounts to "guys smarter than me know you're wrong but I can't explain how" did not falsify anything I said. Yo literally do not understand what you're talking about.

      --
      Need Mercedes parts ?
  10. Hmmmm ... by Anonymous Coward · · Score: 0

    So, basically a bunch of luddites on the payroll of major corporations are trying to ensure those corporations have access to whatever private data they need to discredit the science?

    Way to go, America. You're being controlled by idiots and corporate shills.

    Now you can continue your descent into a bunch of drooling creationists who have handed the keys over to corporate control.

    Honestly, it seems like America is fast becoming the land of the Dumb and Ignorant.

    I swear, half of America is too fucking stupid to be allowed to live.

    1. Re:Hmmmm ... by sumdumass · · Score: 0

      So, basically a bunch of luddites on the payroll of major corporations are trying to ensure those corporations have access to whatever private data they need to discredit the science?

      If the science can be discredited, should the federal government really be using it to impose burdensome regulations onto the public?

      Look, I understand a lot of people think the EPA is god's gift or champion whatever they have done or are doing that you have been convinced needs to be done. But seriously, your argument is that bad science should survive scrutiny because if it doesn't, everyone is stupid?

    2. Re:Hmmmm ... by mrchaotica · · Score: 1

      If the science can be discredited, should the federal government really be using it to impose burdensome regulations onto the public?

      There's a difference between "actually discredited, according to a reasonable person's opinion" and "'discredited' as an excuse for a biased person to ignore it." With this law, we're talking about the latter situation.

      In particular, the Republican goal is to make the burden of proof for climate change so high -- by eliminating consideration of "non-reproducible" data, like all historical climate records -- that in order to be allowed to regulate greenhouse gas emissions the EPA would have to construct two full-scale artificial Earths, build a civilization's worth of polluting industry on one, and wait 100 years to see what happens.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    3. Re:Hmmmm ... by Wild_dog! · · Score: 2

      Who knew the movie Idiocracy was real.

    4. Re:Hmmmm ... by sumdumass · · Score: 1

      There's a difference between "actually discredited, according to a reasonable person's opinion" and "'discredited' as an excuse for a biased person to ignore it." With this law, we're talking about the latter situation.

      No we are not. The EPA or whatever is only has to show the credibility of their science used. If they show that yellow and blue make green, and I declare it makes orange, as long as they can reproduce the green claim, they can use it.

      You cannot discredit something that can be proven through the scientific process. All you can do it show alternative results.

      In particular, the Republican goal is to make the burden of proof for climate change so high -- by eliminating consideration of "non-reproducible" data, like all historical climate records -- that in order to be allowed to regulate greenhouse gas emissions the EPA would have to construct two full-scale artificial Earths, build a civilization's worth of polluting industry on one, and wait 100 years to see what happens.

      Poppycock. I have no doubt that they are trying to make it more difficult to impose sweeping regulation but it's hardly to that point. It's quite simple really, use open sources and if you cannot, then don't bother imposing regulations. The EU has made most all their climate data open and anyone can grab it and do whatever they want with it. I really do not see the problem/.

    5. Re:Hmmmm ... by rs79 · · Score: 1

      You can only discredit science with facts, verifiable facts. If it was discredited then it was garbage. It cannot be discredited with falsehoods.

      Do you even logic?

      "Science of course is always correcting mistakes. That's what it's all about." Freeman Dyson

      --
      Need Mercedes parts ?
    6. Re:Hmmmm ... by Anonymous Coward · · Score: 0

      The EU has made most all their climate data open and anyone can grab it and do whatever they want with it. I really do not see the problem/.

      except it isn't reproducible, and thus cannot be used.

    7. Re:Hmmmm ... by rs79 · · Score: 1

      "So, basically a bunch of luddites on the payroll of major corporations are trying to ensure those corporations have access to whatever private data they need to discredit the science?"

      That's right. So does the smartest man in the world. And the second smartest man in the world and so on.

      If it's correct, it gains traction.

      If it's wrong, we'll know.

      This is how science works. It is the very definition of it.

      Secret rules is how churches work not science.

      --
      Need Mercedes parts ?
  11. To the rescue! by avandesande · · Score: 1

    "and the White House has threatened a veto"

    Yes! Our transparency president to the rescue....

    --
    love is just extroverted narcissism
    1. Re:To the rescue! by Wild_dog! · · Score: 1

      Transparency... what does this have to do with Transparency?

      It is called strait forwardness.
      Nothing hard to understand about "If this comes to my desk, I will veto it!"
      That is as plain spoken as things can get.

    2. Re:To the rescue! by Anonymous Coward · · Score: 0

      I will veto any law that requires me to explain why I made a decision.

  12. Thats backwards by Anonymous Coward · · Score: 1

    They should pass a law that works the other way: If any federal agency has scientific data that could affect the future health and safety of the population enough to justify legislation, then they should be required to publish it openly.

  13. How is this a bad thing? by Snotnose · · Score: 4, Insightful

    I RTFA and don't get the controversy. Of course the data used to form regulations should be easily available to everybody. The only reason to use secret data is you want to hide something.

    Not trying to troll here, just not seeing the other side.

    1. Re:How is this a bad thing? by Anonymous Coward · · Score: 0

      I RTFA and don't get the controversy. Of course the data used to form regulations should be easily available to everybody. The only reason to use secret data is you want to hide something.

      Not trying to troll here, just not seeing the other side.

      There's lots of data that can be used in science but cannot be made public. Patient data is the most obvious one, but there's a thicket of reasons that probably have at least a minor impact on any scientific field.

      But as a rule, if you can't locate a single scientist that can form a cogent objection to these things, it's not a problem.

    2. Re: How is this a bad thing? by Anonymous Coward · · Score: 0

      My understanding is that anytime data is redacted from a study (patient names, etc.) that would count as "secret" data and dismiss the entire study for basing regulations on.

    3. Re:How is this a bad thing? by Anonymous Coward · · Score: 0

      Agreed. Something seems rather fishy here. And, I don't sense either the giver or the receiver.

    4. Re:How is this a bad thing? by Anonymous Coward · · Score: 0

      The only reason to use secret data is you want to hide something.

      Suppose some food manufacturer introduces a new additive that increases their production by a large amount. It's in their interest to not get it regulated out of existence, right? So they'll claim that any data from experiments performed to determine the safety of the additive is proprietary. Under the secret science bill, they could then prevent the FDA from even examining the additive to determine its safety...

    5. Re:How is this a bad thing? by Anonymous Coward · · Score: 1

      It wasn't a very well written article, but the importance of "secret" data is mentioned at the end.

      There were two things that could get studies in trouble with this bill: "secret" stuff and problems with reproducibility.

      The concern with secret data was being raised from something like medical data. You can't have access to the medical data for privacy reasons. My understanding is that even anonymized forms can be tricky. Yet, there should surely be studies done with such private data.

      Another source of private data is studies on stuff that is an industrial secret. A company might have the legal right to not have public info on their chemicals out there, yet the EPA should conduct studies on it. Does that mean that we now need the EPA to stop conducting those studies just because it can't release the data due to the need to protect industrial secrets?

      Or reproducibility. Some studies are prohibitively difficult to reproduce - for example, a lot of climate based studies might require that you launch a multi billion dollar satellite. Should we bounce studies based on that data because we can't reproduce it? I rather think not. Very long term studies that last over decades are also not realistically reproducible, but that doesn't mean that they should be automatically rejected either.

      On the other hand, you can see how excessive reliance on "secret" data is bad. So it is a tough scientific issue, but I'm not sure that Congressional Republicans are the ones to fairly sort it out. Let it go to some sort of peer review, which seems to be more along the lines of what Dems are proposing.

    6. Re:How is this a bad thing? by Anonymous Coward · · Score: 0

      There's lots of data that can be used in science but cannot be made public. Patient data is the most obvious one, but there's a thicket of reasons that probably have at least a minor impact on any scientific field.

      But as a rule, if you can't locate a single scientist that can form a cogent objection to these things, it's not a problem.

      As a person who works in the biotech industry, BULLSHIT. There is all kinds of patient data made public every time a new drug, device, or process is tested and released. What is not released is IDENTIFYING information. Aggregate data is released all day long. X number of patient samples were tested, Y were known to be positive for this illness through previously accepted tests(here are those results), Z were known to not be positive and our test showed the same results so we know that this new, cheaper, easier, etc test is effective.

    7. Re:How is this a bad thing? by Layzej · · Score: 2

      I RTFA and don't get the controversy.

      Are these same republicans also providing additional funds for the EPA to purchase privately held data sets or are they defunding the EPA? Or do the republicans want to use the coercive power of the state to force other people to provide the EPA, gratis, the fruits of their labor?

      for instance, as a scientist I may want to purchase a data set for my study. I am not entitled to provide that data set to others. I can document my methods and others can purchase that data set or an equivalent one and run the same or similar methods on it. There is no secrecy here but there is a private company with an asset that they are charging for. Should the science based on the asset be disqualified? Should the state purchase the data, and if so are the republicans willing to fund that? Should the state use force to commandeer the asset?

    8. Re:How is this a bad thing? by ZombieDonut · · Score: 1

      I RTFA article and it sounds acceptable that the EPA can't release all data in all instances. Medical records are their most frequently withheld sources it seems and I agree that they should be withheld. Maybe you're cool with your medical history being thrown online for anyone to search, but I am not. It's bad enough it gets leaked as often as it does. Then there's the mention of confidential industry secrets that could give away an industrial edge and I most certainly understand the EPA's need to regulate things that exist but whose proprietary nature can't be disclosed.

    9. Re:How is this a bad thing? by sumdumass · · Score: 1

      Wouldn't happen.

      First, unless it is a prominently accepted safe additive, it would need to seek approval by the FDA in order to be marketed to the public in the first place.

      http://www.fda.gov/ForConsumer...

      Second, part of the FDA's role is to study food available to the public not only for human consumption but most animal consumption to maintain certain health guidelines. This is done by "FDA field investigators inspect food companies, examine food shipments from abroad, and collect samples. Laboratory scientists analyze samples."

    10. Re:How is this a bad thing? by SillyHamster · · Score: 1

      Suppose some food manufacturer introduces a new additive that increases their production by a large amount. It's in their interest to not get it regulated out of existence, right? So they'll claim that any data from experiments performed to determine the safety of the additive is proprietary. Under the secret science bill, they could then prevent the FDA from even examining the additive to determine its safety...quote>

      So the FDA withholds its approval for lack of data, and then competitors point out that their products have FDA approval ...

      So what?

    11. Re:How is this a bad thing? by Anonymous Coward · · Score: 0

      And if the data aren't published? or aren't published in the "right" journal? Why should the EPA be denied power to regulate (say) a new pesticide just because toxicity and carcinogenicity studies haven't been done (yet)?

      What if no one ever tests that particular compound for cancer or birth defects?

    12. Re:How is this a bad thing? by Bing+Tsher+E · · Score: 0

      If you're just 'purchasing data' to churn through your algorithms, you're not practicing science anyway. But that's kind of a trendy thing these days.

    13. Re:How is this a bad thing? by rs79 · · Score: 1

      Bullshit. Provide evidence what you said is true.

      That's not how medical research works but go ahead and convince me otherwise.

      Plus you and I both know we're not talking about medical data here. Christ knows there's enough secrets all there already; doctors already complain big pharma withholds information and there is an initiative to try to fix this. See Dr. Ben Goldacre's Ted talk entitled "Batting bad science"

      Note also secret data is considered bad science.

      --
      Need Mercedes parts ?
    14. Re: How is this a bad thing? by rs79 · · Score: 1

      Patient names don't show up in studies. The may use first names, initials, numbers, but there are laws about medical privacy.

      If you have to have secret laws based on lies you can't call that science. That's propaganda.

      --
      Need Mercedes parts ?
    15. Re:How is this a bad thing? by Xyrus · · Score: 1

      I RTFA and don't get the controversy. Of course the data used to form regulations should be easily available to everybody. The only reason to use secret data is you want to hide something.

      Not trying to troll here, just not seeing the other side.

      So you'd be okay with the EPA releasing your personal data if you were part of health impact study? You'd be okay with letting some company dump unknown toxins into your water because the EPA can only regulate what's publicly available and said toxins are guarded by "trade secrets"? How about nuclear waste, where the contents, sources, and locations are all "secret" knowledge?

      Do you see where this going?

      Any bill regarding the EPA pushed forward by republicans is designed to destroy the EPA. They don't give a single fuck about pollution or destroying the environment. They want to go back to the days where you could set Lake Eerie on fire and getting black lung from living downwind of a coal plant. They want science to die a miserable death in all it's forms.

      Always read the fine print. This bill is specifically crafted to remove the EPA's ability to function, with the eventual goal of disbanding it entirely.

      --
      ~X~
    16. Re:How is this a bad thing? by Anonymous Coward · · Score: 0

      Not trying to troll here, just not seeing the other side.

      Then it would appear, my good friend, that you are an idiot.

  14. Oxymoron: Government Science by jerel · · Score: 1

    I know we have to try to make responsible laws for things like the environment, but when has the U.S. government EVER gotten science really right? "Hello, I'm from the government, and I'm here to help you." Right. We are up to our eyeballs in regulations, many based on bad science due to ignorance and politics, and many others based merely on greed and backroom dealings. So I'm all for transparency. President Obama utterly failed to actually provide any of the transparency he promised when he was campaigning, yet I am not sure this legislation is the way to do it either. Typically, the bill has all the trademarks of politicians who don't know anything about science or the scientific process trying to pass science legislation. There is more political relevance than scientific relevance to this, and some of it just wrong-headed. As stated in the article, "[S.544] would require EPA to base all its rules, assessments, and guidance on data that is ... reproducible" and then later states "many studies, such as longitudinal surveys, are not realistically reproducible" which means they would not be allowed to be used under these rules. I am suspicious of the agendas of all of the various elected officials who are discussing this bill. (FWIW, I am neither a Republicrat nor a Demopublican.)

    --
    Some days it's just not worth chewing through the restraints.
    1. Re:Oxymoron: Government Science by dywolf · · Score: 1

      When have government ever gotten science right?
      Really? The fact you would even ask that shows your ignorance.

      Setting aside crank politicians who pass laws saying "abortion is reversible", or bring snowballs to show and tell on the floor of the Senate, the answer is "nearly always". The majority of research in this country is backed by the government in some way.

      We know how and why aircraft fly because of extensive research by NACA (and no, it's not that stuff you were taught in school about Bernoulli), who then became NASA. the same NASA that then perfected spaceflight, put us on the moon, and is even responsible for a large share of the research and data gathering on climate thanks to their extensive collection of science satellites.

      There's the National Institute of Health, the CDC, and other medical research entities of the government.

      There's the Pie in the Sky crazy projects division we know as DARPA. That would be the same DARPA responsible for the internet you are now using, space based data sensors to monitor the planet, GPS, nuclear launch detection, extensive material science breakthroughs, and computer science, and a few thousand other things we now take for granted. In fact, a large portion of the science and engineering occurring even in private industry in the 70's occurred as a result of a "brain drain" from DARPA, when many of its engineers and researchers left the agency as a result of budget cuts; those people went on to push the limits at Bell Labs, Xerox, 3M, and others.

      Really, the list is HUGE.

      Airplanes, cancer, space, lasers, computers, networking, cryptography, robotics, cars, agriculture, genetics, climate science, physics, chemistry, materials science, artificial intelligence, molecular biology, archaeology, medical imaging, data storge methods....and I've probably only covered less than 1% of the achievements of government led research.

      Government rarely gets science right you say?
      No son, Government rarely gets it wrong.

      And when it does, it's usually because of undue influence and meddling like this here "secret science" bill.
      ---

      Government's Greatest Achievements of the Past Half Century: http://www.brookings.edu/resea...
      Why Do Basic Research: http://publications.nigms.nih....
      The High Return on Investment for Publicly Funded Research: https://www.americanprogress.o...

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  15. Secret science is not science by Anonymous Coward · · Score: 0

    science, by definition, cannot be secret.

    1. Re:Secret science is not science by rs79 · · Score: 0

      "science, by definition, cannot be secret."

      This gets modded to 0?

      You want secret science? Tamiflu. Doctors can't get data on the failed trials, it's withheld y the pharma co's.

      Government are told by the company it works and they provided the results of some of their trials but not all. Government everywhere were talked into stockpiling this stuff. Turns out it takes about 12 hours off a weeks worth of symptoms. Vitamin C does better than that by the government own studies.

      Rumsfeld pushed tamiflu through, one of his companies makes the stuff.

      If the GOP wants to stop this kind of shit why would you want to stop that?

      The only valid secrecy is national security - nukes an stuff, and things can already be redacted because of this.

      --
      Need Mercedes parts ?
    2. Re:Secret science is not science by topology · · Score: 1

      This gets modded to 0?

      It starts out at 0 for being posted by an AC. Likely no one has modded it one way or another.

    3. Re:Secret science is not science by rs79 · · Score: 1

      Good point. I missed that. Thanks.

      --
      Need Mercedes parts ?
  16. For those wondering why this is a bad thing by Overzeetop · · Score: 5, Informative

    Every single study which involves health records would be forbidden to be used, because the RAW data is not available to the public. It's the perfect knot - previous law prevents the release of personally identifiable medical data, and this law makes it illegal to base any regulation on any study for which the raw data (in this case, personally identifiable - as it must be able to be 100% independently verified) is not released to the public.

    This is about neutering the EPA's ability to "prove" that any particular pollutant causes harm to humans. If you can't provide the raw data that asbestos has led to lung cancer - patient records going back decades - you aren't allow to regulate it. Black lung? Chromium compounds in drinking water? Sorry, unless you publically release the medical records of every single person in every study you cite, it's "secret data" and junk science.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      Mod up. It is a damn good thing that Republicans don't control all branches of govt. Thank god for checks and balances.

    2. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      How about adding "test subject" to the job descriptions of senators?

      Chromium in your water will make your eyes sparkle

    3. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      Every single study which involves health records would be forbidden to be used, because the RAW data is not available to the public. It's the perfect knot - previous law prevents the release of personally identifiable medical data, and this law makes it illegal to base any regulation on any study for which the raw data (in this case, personally identifiable - as it must be able to be 100% independently verified) is not released to the public.

      This is about neutering the EPA's ability to "prove" that any particular pollutant causes harm to humans.

      Speaking as someone who loves science with every fiber of my body, and posting as an AC due to my position... Democrats I think can best serve the public here by coming up with alternatives that can be added to the bill rather than squashing it entirely.

      The problem is that it sounds right, even if it has gotchas. And in many cases it *is* right -- there is a lot of junky, iffy science out there where the scientists plot their models, throw some graphs out and say they're done. In some cases their science is good, in some cases it's really not -- but because it's impossible for anyone to ever reproduce it it makes for really, really bad science.

      So, they're much better served in figuring out a way around the issues they have, because it's never going to smell right otherwise. The optics where you're arguing for less transparency is just a nightmare. If it's about patient confidentiality, there has to be a way around it that doesn't involve data that can't be verified.

    4. Re: For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      I don't think anyone would claim that the current "most transparent " democratic administration is being honest with the American public, so the problem is not just with the republicans.

    5. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      The data can be anonymised. Like my posting handle. Come back with a better excuse...

    6. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 1, Informative

      No, the bill allows de-identified data. The whole medical/privacy angle is fud.

    7. Re:For those wondering why this is a bad thing by Overzeetop · · Score: 1

      Anyone can reproduce the studies and use their own data, or even anonymize the existing data. Guarantee anonymization and/or privacy of personal or proprietary information and put funding in the bill to cover all costs associated with release of the data and there won't be a problem, along with an exemption for data more than X years old to allow for long term studies where the raw data may have already been condensed.

      Or just put the burden of proof on those who disagree with study findings, requiring that they pay for the data to be cleared or reproduced. But Corporations have already paid their fees in lobbying money and don't want to have to pay more.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    8. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      You must know little to nothing about data mining. It's almost impossible to correctly anonymize data and still have it useful for anything. Example: Anonymized data shows there was one heart attack in this zip code last month. Public 911 logs show there was one call at 8pm for 834 Side St about cardiac arrest. Public land ownership records shows only one person lives at that address. That medical record is now de-anonymized. The more records you can identify the easier and easier it becomes to identify the other records, just like playing Guess Who.

      There was another article on Slashdot about needing only three credit card purchases to identify someone and then you can link all purchases made from that card number and the times and locations to track where people went throughout the life of that card.

    9. Re:For those wondering why this is a bad thing by rs79 · · Score: 1

      Studies don't identify patients by name. They say things like "a 29 year old female in Iowa". It's not even fucking legal to identify a patient in a public medical report. You'd lose your license for that, not that any reputable journal would ever publish it.

      --
      Need Mercedes parts ?
    10. Re:For those wondering why this is a bad thing by Goldsmith · · Score: 3, Insightful

      This is knee jerk fear mongering.

      The bill states that the law wouldn't supersede any statutory requirement (such as protection of PII).

      The bill also specifies that the data should be presented so that "substantial reproduction" of the study is possible. It doesn't specify that reproduction needs to be done. It doesn't specify "100% independently verified."

      These guys are asking the EPA to follow similar guidelines the FDA imposes on companies in evaluating a new drug or device. The FDA maintains a public database of filings, it's really interesting to go through. The bill is even closer to NIH publication guidelines. This is not just an anti-EPA thing here (granted, I'm sure there's some of that going on), this is getting the EPA in line with other health oriented agencies.

      As for de-identification of the government owned part of the data, the Republicans are right. That should take an expert a couple of days, but it does cost money (there are many businesses who specialize in this kind of thing). The CDC doesn't leave money sitting around (I'm kind of shocked they leave PII medical records sitting around though, my company can't do that). They probably just can't pay to de-identify the data, and don't know if they can legally trust a Congressional committee to handle the data properly (probably they can't). So they're stuck without funding. The bill specifies $1M to do this, but given all the government offices involved, that's probably not enough.

      Here's the real issue: The government doesn't actually own all the data the EPA is referencing, so the EPA can't publish it or share it. This is all to put pressure on the EPA to ask Harvard and ACS to share the data.

      The data the government makes decisions on should be public. It shouldn't be acceptable for a scientist to say "trust me, I did the analysis correctly." We're not perfect, we make mistakes. Peer review is broken, we can't rely on that to catch errors. Open things up a bit more, and we'll get better conclusions.

    11. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      Maybe we let them pass it and give them a good ol' big bottle of fluoridated water and let them have a go at that. OH, WAIT.

    12. Re:For those wondering why this is a bad thing by waterford0069 · · Score: 1

      There is something else here. Climate data. As I recall there is a good amount of it that is "private". As in, researchers have been licensed to use the raw data by the people who have collected it (this may be another government, a university, a corporation that collects the climate data for its own purposes, etc.). However, they have not been licensed to publish it. And to be fair, that's fair. The data collectors spent money collecting the data and deserve to be compensated for amassing it.

      By saying you can't use data that's not available to the public to set policy, you remove a larger amount data from the EPA and the results of any studies they are using become a lot squishier. They then can't say to that coal powered electricity generator you can't put 200 tonnes of CO2 into the atmosphere (or license it a $0.01/tonne)

      That's the insidious part about this...

    13. Re:For those wondering why this is a bad thing by Anonymous Coward · · Score: 0

      Except you can't really reproduce the studies with your own data. There are cases where you can, but take for example the LHC; you simply can't go off and build your own collider or Hubble.

      And if it's something like climate science, you're seeing things like... government grant to put sensors all over the place, sensor data is all logged, paper published saying X -- and no data to be found. Hence, it isn't every really reproducable, and you can't really be sure how they're handling the stats. Are they really junking outliers? Or juking things so the outliers show a result that isn't really there?

      And in general, screw proprietary. I'm over it; the taxpayers pay the government, who gives grants to universities who patent processes or keep the data secret when honestly -- none of it should be. If there are specific fears about patient data and safety, it's best to work on THOSE specifics and get them into the bill.

  17. Loose ends by Dunbal · · Score: 2

    "Outside experts" of course being another name for "lobbyists".

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Loose ends by ZombieDonut · · Score: 1

      Pretty much, it's just an attempt to restrict the EPA's sources to the pool of data lobbyist can control.

    2. Re:Loose ends by rs79 · · Score: 1

      No, outside experts are scientists. Anyone can look up their credentials.

      Lobbyists are, well, lobbyists. They are registered and this can be looked up.

      Straw Man argument.

      --
      Need Mercedes parts ?
  18. It's a challenge, but it should be accepted. by Anonymous Coward · · Score: 1

    Yes, but it's a *good* attempt to influence science. Open, repeatable processes are strictly a good thing.

    I realize they're trying to attack climate change, but I think it would be better to accept this challenge head on. There really ISN'T anything to hide and accepting the challenge would be the better way to prove that.

  19. Senator Snowball Inhofe.. by TapeCutter · · Score: 1, Insightful

    ..is as usual relying on the ignorance of the public. For example one of the long time complaints about the "hockey stick" from the deniers in the US senate was that a small portion of the raw data could not be published due to (default) copyright terms imposed by the french and a couple of other geographically small nations. The data was available but you had to go to the French government and wait six months to get it. There are lots of other cases where data is collected from industry and individuals where those supplying the data do not want the raw data published for legal, commercial, or personal reasons. The basic rule of research is you take what data you can get and publish what you are allowed to by those who supply it.

    A more useful law would be to force anti-science "charities" such as the heartland institute to reveal their accounts to the public, if the IPCC and EPA can do it why can't a tax exempt no-think tank do the same?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  20. PS by TapeCutter · · Score: 5, Insightful

    Shouldn't we want them to be basing policy on publicly available data?

    This is an excellent example of how well-crafted political propaganda works. The act of introducing the bill implies the EPA are not already basing policy on publicly available data, opposing the bill implies you want to hide something from the public. Even if the bill fails to pass, it has already succeeded as a propaganda piece.

    Make no mistake, this is a far-right attempt to put Science on a short leash.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:PS by TheGratefulNet · · Score: 4, Insightful

      the year is 2015. this is being pushed by republicans. it has the word 'science' in it.

      therefore, I already know all I need to know about this.

      for some things, you have to think deeply. but not for all things.

      does anyone truly and honestly believe the republicans are (these days, at least) pro-science???

      (what is that saying about ducks walking and quacking, again?)

      --

      --
      "It is now safe to switch off your computer."
    2. Re:PS by Bing+Tsher+E · · Score: 2

      So then the easy way to solve the issue is to make the data publicly available.

      But your far-left attempt to ram through big policy initiatives based on secret data is an attempt to put ALL of us on a short leash. I hope you get bitten, to be honest.

    3. Re:PS by phantomfive · · Score: 3, Insightful

      Make no mistake, this is a far-right attempt to put Science on a short leash.

      It's not an attempt to put Science on a short leash, it's an attempt to limit the EPA. In the USA, Republicans generally don't even pretend to like the EPA, mainly for reasons listed in this article:

      One of the most startling was a rule issued under the Resource Conservation and Recovery Act that shut down 150 companies and imposed $100 million in costs to reduce a hypothetical cancer risk that was the equivalent of spending $9 trillion (yes, with a “t”) to avert a single case of cancer. Congress often has helped the EPA squander the taxpayers’ money. It has passed more than 20 environmental laws directing the government to pay the legal fees of green groups that sue the government, even when the government-subsidized plaintiffs would lose. Guaranteed money for suing the government—what a deal!

      I have no idea if the claims in the article are accurate or not, I'm just pointed out that those are the reasons Republicans don't like the EPA.

      --
      "First they came for the slanderers and i said nothing."
    4. Re:PS by dywolf · · Score: 2

      No, it is that it is a MYTH that there even is any "secret data" in the first place.
      There is no secret data.

      Here, let me google that for you .

      Oh there it is, on the very first page:

      http://www.ncdc.noaa.gov/data-...
      http://berkeleyearth.org/sourc...
      http://data.giss.nasa.gov/

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    5. Re:PS by TapeCutter · · Score: 1
      I think you're saying the same thing with different words. Yes the target is the EPA, and the method employed is to put (inconvenient) Science on a short leash.

      I have no idea if the claims in the article are accurate or not

      I suspect the article is full of half-truths, for example, legal aid for nutjobs to sue the government is nothing new, nor are the funds limited to green groups.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    6. Re:PS by phantomfive · · Score: 1

      Oh. In your initial comment I interpreted your writing to mean that they were targeting science. Whereas I interpret their actions to be targeting the EPA.

      --
      "First they came for the slanderers and i said nothing."
  21. Something to consider for the non-tin foil hats by Anonymous Coward · · Score: 1

    A few facts from a true environmentalist and an engineer who lives off a solar array:
    1. EPA regulations cost the US economy tens of billions of dollars each year. Some regulations are well founded in science and worth the cost. Most of these regulations were put in place 20+ years ago.
    2. CO2 is a key molecule of life. If all of the CO2 were scrubbed out of the atmosphere all plant life on the planet would end and the rest of us would soon follow. Regulating CO2 will increase the cost of ENERGY which plays a part in every facet of human life.
    3. The EPA has gone from a facts based, common sense clean air clean water agency that everyone can support to a tin foil hat wearing envirowhacko organization that wants to regulate almost every facet of life and un-necessarily increases the cost of living for most Americans. The fact that the global temperature has been flat for the last ten years, proving their climate models are wildly inaccurate, is just one symptom of a larger problem.
    4. Any scientist who runs from the sunlight of publication is very likely a snake oil salesman.
    5. The fallacious argument that medical studies would not be basis for policy is a straw man. While the personally identifiable info (name, phone number etc.) would be protected, the raw data of the study (age, health conditions etc). would be available, and that is what the bill is proposing. Governmental professional review would still have access to the protected information during their review process,and this does not violate the privacy laws, as there is a difference from publishing names and phone numbers and internal review followed by publishing the raw DATA which is not names and phone numbers. That aside, the goal of this law is environmental studies and models, and everyone knows it.

    A bunch of left wing nut jobs and their envirowhacko lap dogs on /.are trying to find any argument they can to avoid showing the public how they have been lying and scamming them out of billions of dollars of research grants, screaming the sky is falling and trying to control every aspect of everyone's lives for the "greater good" to "save the planet." The FACTS support that the world is doing just fine, it gets warmer and colder (i.e. previous ice ages predating human existence, and more prior to industrialization), and if we can get China to enact some basic environmental protocols and get rid of a bunch of crazy ones in the US, it will get 10x better in absolute, objective terms for the entire planet. There is real pollution, but it is happening in China and India, and regulating CO2 in the US will devastate our economy for absolutely no reason and have no other effect.

  22. We'll use magical pixie money to anonymize, right? by Overzeetop · · Score: 2

    Of course it allows it - but does it *fund* it? That's the chloroform in the rag. Unless the original study authors spent the money up front to carefully anonymize the data, it all has to be re-hashed from scratch to ensure that no identifying data is released to the public, but that all the records are intact. That costs money, and I'm going to bet a donut that there's not a single cent allocated to pay for that data. And every single study would be required to be anonymized whether or not anyone else is going to look at it. It's a ruse to make access to the research which is out there simply unaffordable to use. And if you can't pay for it, you can't cite it.

    Game. Match. Set.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  23. in response create a bill they don't like by Anonymous Coward · · Score: 0

    So as a counter start a bill that would make the creation of CO2 from hyrdrocarbons subject to pollution control limits under the EPA. Based on the clear and open public evidence of global warming due to CO2 emissions. Definite evidence that CO2 is harmfull to our environment and will definitly lead to catastrophic results. They can even cite Lloyds of London and other underwriters as recognizing the possible damages.

    Personally I think the bill is a good idea. All government research should be public and all government decisions should be based on sound public science as agreed upon by pure research scientists, not politicians, not super-pacs, not privately sponsored scientists.

  24. Lived Through It by Anonymous Coward · · Score: 1

    As a lifetime Michigan resident, I recall rivers on fire and the toxic lakes. Our waters were the butt of the jokes in the 1970s:

    http://www.metacafe.com/watch/5378456/bill_murray_snl_classic_commercial/

    Now we have just shipped much of the problem overseas.

  25. What is science? by Layzej · · Score: 1

    Science: systematic study of the structure and behavior of the physical and natural world through observation and experiment.

    For observations you need data. You will also need something to test your experiments against... Data. You can either collect it yourself or purchase it if it is already available. Are the republicans offering to purchase the data or are they rent seekers?

    1. Re:What is science? by Rockoon · · Score: 1

      You go ahead and live your life based on data dredging... there is always an infinite number of ways to crop the data triggering those 5% false positives 100% of the time... meanwhile the rest of us want actual science.

      --
      "His name was James Damore."
    2. Re:What is science? by Layzej · · Score: 1

      Science free of observations and experiments?

    3. Re:What is science? by Rockoon · · Score: 1

      You are an idiot if you think that dredging data is "observation and experiment."

      --
      "His name was James Damore."
    4. Re:What is science? by Layzej · · Score: 1

      What are observations if not data? What is the result of your experiments if not data?

  26. Because of privacy concern by Anonymous Coward · · Score: 0

    The way the bill is crafted , you openly make all your data public including private data. This means *private* health care data often made public. It is a way by republican to simply bury environmental study they don't like because they show up impact on the population. Do you really want to stop all environmental study with anonymized medical data ?

  27. It's SCIENCE! by Anonymous Coward · · Score: 1

    It's hilarious to watch the radical leftists in here who attack anyone who questions Climate Change (TM) with the argument "It's proven by scientific evidence!" but then vehemently oppose allowing third parties to validate the "scientific" evidence that the EPA uses to make policy. The argument that the bill will require release of medical information is a complete fallacy... Your smoke and mirrors don't cloud the issue here, sorry. If a government agency is using "scientific" data to make policy, it should be made public. There are ways to make data anonymous and don't give me the tinfoil-hat BS about "it can never be anonymous, they'll track you down!". Noone cares enough about your herpes meds to de-anonymize an enormous list of medical subjects used in an EPA study.
    The takeaway here is that the leftists on Slashdot (and in the White House/EPA) know the data the EPA uses for policy is complete BS and are absolutely terrified they'll be exposed for what they are: bullies who pretend to use science to avoid scrutiny.

  28. Do lab mice even get names? by tepples · · Score: 1

    For example, the study using mice that showed that 10ppb As in drinking water harmed "mothers and their offspring" (mouse mothers and baby mice, not humans) didn't have to list the names of the mice, only aggregate numbers.

    Do lab mice even get names? Or is it just the mice on the "outside", like the fictional Elizabeth Brisby?

  29. Are THESE what they call "Talking Heads" ! by Anonymous Coward · · Score: 0

    Whatever side you are on...Thanks for keeping me laughing. This is a hoot.