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kristopher

(29,798 posts)
4. A Damning Indictment of Industry and Regulatory Capture
Mon Feb 3, 2014, 11:18 AM
Feb 2014
...According to company e-mails, Syngenta was distressed by Hayes’s work. Its public-relations team compiled a database of more than a hundred “supportive third party stakeholders,” including twenty-five professors, who could defend atrazine or act as “spokespeople on Hayes.” The P.R. team suggested that the company “purchase ‘Tyrone Hayes’ as a search word on the internet, so that any time someone searches for Tyrone’s material, the first thing they see is our material.” The proposal was later expanded to include the phrases “amphibian hayes,” “atrazine frogs,” and “frog feminization.” (Searching online for “Tyrone Hayes” now brings up an advertisement that says, “Tyrone Hayes Not Credible.”)


...an organization called the Center for Regulatory Effectiveness petitioned the E.P.A. to ignore Hayes’s findings. “Hayes has killed and continues to kill thousands of frogs in unvalidated tests that have no proven value,” the petition said. The center argued that Hayes’s studies violated the Data Quality Act, passed in 2000, which requires that regulatory decisions rely on studies that meet high standards for “quality, objectivity, utility, and integrity.” The center is run by an industry lobbyist and consultant for Syngenta, Jim Tozzi, who proposed the language of the Data Quality Act to the congresswoman who sponsored it.
The E.P.A. complied with the Data Quality Act and revised its Environmental Risk Assessment, making it clear that hormone disruption wouldn’t be a legitimate reason for restricting use of the chemical until “appropriate testing protocols have been established.”


...The E.P.A. approved the continued use of atrazine in October, the same month that the European Commission chose to remove it from the market. The European Union generally takes a precautionary approach to environmental risks, choosing restraint in the face of uncertainty. In the U.S., lingering scientific questions justify delays in regulatory decisions. Since the mid-seventies, the E.P.A. has issued regulations restricting the use of only five industrial chemicals out of more than eighty thousand in the environment. Industries have a greater role in the American regulatory process—they may sue regulators if there are errors in the scientific record—and cost-benefit analyses are integral to decisions: a monetary value is assigned to disease, impairments, and shortened lives and weighed against the benefits of keeping a chemical in use. Lisa Heinzerling, the senior climate-policy counsel at the E.P.A. in 2009 and the associate administrator of the office of policy in 2009 and 2010, said that cost-benefit models appear “objective and neutral, a way to free ourselves from the chaos of politics.” But the complex algorithms “quietly condone a tremendous amount of risk.” She added that the influence of the Office of Management and Budget, which oversees major regulatory decisions, has deepened in recent years. “A rule will go through years of scientific reviews and cost-benefit analyses, and then at the final stage it doesn’t pass,” she said. “It has a terrible, demoralizing effect on the culture at the E.P.A.”

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