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Legal Analyses


2010 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003-


Science, Policy, and Politics: The Impact of the Information Quality Act on Risk-Based Regulatory Activity at the EPA


Data Quality Act Briefs and Replies


Industry Sees Court Rejection Of DOJ Petition Aiding Bid For DQA Review


Tozzi V HHS


On the Public's Right to Know Proprietory Data

In the Name of Quality

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Lawsuit Seeks Retraction Of Us Government Statements On Medical Marijuana

"Regulatory Daubert": A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law

The Information Quality Act: The Little Statute That Could (Or Couldn’t?)

CRE Analysis of Exemptions in OMB's Proposed Data Quality Risk Assessment Guidance
CRE Cover Letter on Proposed Exemptions to the National Academies Committee
AAAS Policy Brief: Data Quality

Ossifying Ossification: Why the Information Quality Act Should Not Provide for Judicial Review

Data Act Faces New Test As Drug Group Speeds Up Lawsuit Plans

Junking the "Junk Science" Law: Reforming the Information Quality Act

Business Thinks Data Rule Isn't Worth Its Salt

Ruling Sparks Industry Push For Court Review Of Agencies' Data Decisions

Fourth Circuit opinion in Salt Institute v. Leavitt

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An Update on the Implementation of the Data Quality Act: The Cost of Sound Science

New Data Quality Suit Could Force EPA To Act On Delayed Petitions

Science Experiment: Industries Are Using a Landmark Case and a 2001 Law to Block Regulation, Critics Say

Information Quality and the Law, or, How to Catch a Difficult Horse

Two Views on Data Amendments

Corrected Information Quality Guidelines

Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law

House Holds Hearings on Information Quality Act

Industry, Key Republican Suspend Push For Expanded Data Quality Act

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Importing Daubert To Administrative Agencies Through The Information Quality Act

The Neutered CRS Report On The Data Quality Act

Applicability of DQA To Third Parties

A New Weapon to Defeat Junk Science

Salt Institute and the Chamber of Commerce of the United States of America v. Tommy G. Thompson, Secretary, U.S. Department of Health and Human Services

Court Rejects Claim in First Decision on Data Quality Act

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Information Quality and the Law, or, How to Catch a Difficult Horse

Major Law Firm Concurs With CRE On Applicability of Data Quality Act to Universities
The distinguished law firm McKenna, Long and Aldridge, acting at the request of the American Council on Education, has supported CRE's view on the applicability of the Data Quality Act to universities. Specifically, the firm concurred with CRE's view that, "it would be in the self interest of universities to make sure that information they submit to federal agencies meets DQA standards, thus enhancing the likelihood that federal agencies will publish the information..." McKenna, Long and Aldridge also concurred with CRE's view that the Data Quality Act in no way restricts the ability of universities to produce and disseminate information. As a member of CRE's Board of Advisor's noted, "universities can write whatever they want... If universities want their research to be used by the government, they will have to comply with the Data Quality Act, but that doesn't mean that there is a legal obligation to do so."

  • Click to read article in Research USA (September 29, 2003).
  • Click to comment.
  • FedLaw Website
    CRE has committed to update the FedLaw website on a continuing basis. To this end, the Center looks forward to receiving requests from governmental and non-governmental entities regarding relevant additions or modifications to the site. For example, based upon one such request, CRE recently added LAW AND POLITICS: INTERNET GUIDE to FedLaw's "General Research and Reference" and "How-to Legal-related Sites" sections. This site is designed as a one-stop source for legal research, including informative and current law- related resources on the Internet. Links posted on LAW AND POLITICS offer a brief description and are chosen for their informational value, based upon four criteria: quality, accuracy of content, presentation, and utility. CRE looks forward to further input as it seeks to maintain the FedLaw website as a useful public resource.

  • Click to Access the FedLaw website
  • Click to submit a comment
  • CRE Regulatory Services

  • Washington Legal Foundation (WLF) Article Seeks Increased Judicial Review of Agency Science
    Alan Raul and Julie Zampa, of Sidley Austin Brown & Wood LLP, recently authored a WLF Legal Backgrounder entitled "Deeper Judicial Scrutiny Needed for Agencies' Use of Science." This thought-provoking article analyzed new ground broken by the Tozzi v. DHHS case in terms of expanding judicial review of federal agencies' use of science. Data Quality Act guidelines are also discussed as a positive step to improve transparency of agency decisionmaking and the quality of agency science. However, the article notes that courts have adopted very inconsistent approaches in conducting reviews of agency science, with some serious and probative, but others overly deferential. The authors conclude that the Tozzi case took a valuable step by increasing availability of judicial review, one which courts must build upon by exercising these enhanced powers so as to review agency science in a more consistent, predictable, and probative manner.

  • Click to review the WLF Legal Backgrounder
  • Click to submit a comment
  • CRE Regulatory Services

  • Data Quality: Partners of Washington, D.C. Law Firm Author Article on Impacts of Tozzi v. DHHS Case: CRE Sees Major Implications for Data Quality Act
    Partners at Bergeson & Campbell, P.C., a D.C. law firm specializing in chemical, medical device, and diagnostic product approval and regulation, recently authored an article entitled "The Tozzi Decision: Another Arrow in Manufacturers' Quiver in Product Defense Wars." Although the article emphasized the importance of the court's decision for designations in the National Toxicology Program's Report on Carcinogens Program, CRE believes that it will have even greater significance for judicial review under the Data Quality Act. For example, the opinion provides precedent for standing when information disseminated by a federal agency is causing harm to a company or person to whom the information relates.

  • Click to read the Bergeson & Campbell article on Tozzi v. DHHS from the EPA Administrative Law Reporter
  • Click to submit a comment

    Tozzi Decision

  • Click to read
  • D.C. Court Of Appeals Rules In Tozzi v. DHHS That When An Agency Issues A Pejorative Statement, The Statement Is Judicially Reviewable: Major Implications For The Federal Data Quality Act (FDQA)
    This case holds that a corporation can sue when an agency makes a pejorative statement against a corporation, product, or person, before such a statement is incorporated in a final rule. This opinion will have a major impact on the Data Quality Law because an agency denial of a petition for correction will be reinforced by the standing and reviewability criteria in this opinion. Notwithstanding the courts deference to an agency's interpretation of its own rules, the opinion sets a major precedent on both a government-wide basis and for EPA's upcoming dioxin reassessment in particular.

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  • Read Bureau of National Affairs Article (pdf 264 kb)
  • Read Bergeson & Campbell article on Tozzi v. DHHS from the EPA Administrative Law Reporter
  • Read Tozzi v. DHHS
  • Comment on Item
  • View past CRE Regulatory Action of the Week items

    President Signs Data Quality Legislation (Federal Data Quality Act (FDQA)) (Public Law 106-554 Section 515)
    The Congress has passed and the President has signed important new Data Quality legislation as part of the FY 2001 Consolidated Appropriations Act (Public Law 106-554). Building upon the Data Quality report language contained in the FY 1999 Omnibus Appropriations Act (P.L. 105-277), this new provision requires OMB to develop government-wide standards for the quality of information used and disseminated by the federal government, with such standards to be completed not later than September 30, 2001. OMB must also include a mechanism through which the interested public can petition agencies to correct information which does not meet the OMB standard. Congress has provided for broad input in developing the Data Quality standard, mandating that OMB shall seek "public and Federal agency involvement."

  • Click to read more, including the Statutory Language for Data Quality and Past Report Language

  • Click here to read other 2003-