The Environmental Protection Agency has been subjecting elderly Americans and others to what the agency itself calls deadly substances. So a group sued them to put an end to the practice. Oh well, it was worth a try. A federal judge decided to shut down the lawsuit rather than the government’s human experimentation program.
To Judge Trenga, however, the important thing apparently was to nitpick to death the effort to stop the experiments with a narrow reading of the federal rules of civil procedure.
Judge Trenga determined that the EPA’s decision to endanger the lives of its study subjects, including inducing them to sign a fraudulent consent form, did not constitute a “final agency action” under the Administrative Procedures Act. Judge Trenga also determined, as the American Tradition Institute was not being harmed by the experiments, it didn’t have standing to pursue the case.
Presumably Judge Trenga might have allowed an actual human study subject to maintain a lawsuit to stop the experiments, but then again, how would they? The EPA lied to each of them about the risks of the experiment.
Lifetime-appointed and thus unaccountable Judge Trenga essentially decided, in agreement with Department of Justice and EPA pleadings, that no one and no law can stop the EPA from breaking the sacrosanct rules protecting human subjects from rogue experimentation. His ruling came even though federal rules of civil procedure explicitly state they “must be construed so as to do justice.”
Thanks to Judge Trenga, EPA (and possibly any other rogue government human experimenter) now has a “get out of the Nuremberg Code free” card.
Read the whole thing. Senator Jim Inhofe (R-OK) requested hearings to look into this matter in October, but of course Senator Barbara Boxer (D-CA) hasn’t done a thing about it. What’s that about Democrats caring about people?
GITMO detainees are treated with more respect of human rights. The EPA exploited the elderly to justify more regulations ready to be foisted upon citizens and exploit data for climate change.
“The study, which was authored by 43 doctors and Ph.Ds and peer-reviewed by almost 60 doctors and Ph.Ds, established a causal link between PM 2.5 and cardiovascular and respiratory mortality and morbidity in study areas that had lower 24-hour PM 2.5 averages than the air quality zone in Klamath County. The studies evaluated that examined the relationship between short-term exposure to PM 2.5 and cardiovascular effects provide coherence and biological plausibility for PM 2.5-induced cardiovascular mortality, which represents the largest component of total (non-accidental) mortality,” the report states. Specifically, the report found epidemiologic studies concluded hospital admissions for heart disease and congestive heart failure increased by 0.5 to 3.4 percent for every 10 microgram per cubic meter increase of PM 2.5 in study areas with 24-hour PM 2.5 averages of seven to 18 micrograms per cubic meter. At the very least, short-term exposure to elevated PM significantly contributes to increased acute cardiovascular mortality, particularly in certain at-risk subsets of the population. Hospital admissions for several cardiovascular and pulmonary diseases acutely increase in response to higher ambient PM concentrations. The evidence further implicates prolonged exposure to elevated levels of PM in reducing overall life expectancy on the order of a few years.”
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Federal Judge Osteen’s ruling against the 1992 EPA report on environmental tobacco smoke was shot down on appeal on the basis that the work of fiction didn’t constitute “final agency action”. In other words, the federal appeals court ruled that the EPA could churn out all the propaganda it wanted under the guise of science because they weren’t actual regulations. Instead that report was used to brainwash the public and state legislatures to institute legislated smoking bans across the nation.
Similarly universities are used to create partisan political propaganda.
http://www.nas.org/images/documents/a_crisis_of_competence.pdf
Such politicization of research is what led to UCLA firing Dr James Enstrom whose research findings didn’t fit into his department’s partisan political propaganda agenda.
Remember, lots of Obama’s stimulus handouts went to these universities to help fund some of these propaganda pushers.
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This is just a peek at the future. After the endless Obama reign of terror the great majority of Federal judges will have been appointed by him or Clinton. With due credit to W. Shakespeare, “The State Totters”. Just try to get a fair hearing in court then. It will take a revolution to change it.
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Let’s have an impeachment hearing for a judge who clearly ignores the law and empowers corrupt federal agencies!
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[...] Federal Judge Shuts Down Lawsuit – Lonely Conservative [...]
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“Detainees” my fat backside. Traffic may “detain” you. You might get “detention” where you have to stay after school and clean chalkboards. These are prisoners. Just because the government uses weasel-talk doesn’t mean we should.
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