President Trump's War on Regulatory Science

59 Pages Posted: 3 Oct 2018

See all articles by Albert Lin

Albert Lin

University of California, Davis - School of Law

Date Written: August 20, 2018

Abstract

The Trump administration has taken numerous actions that appear hostile to scientists, scientific research, and scientific data, leading some observers to assert that a war on science is underway. A more precise characterization is that the Trump administration is engaging in a war on regulatory science, as these actions take aim specifically at regulatory science — i.e., knowledge production and synthesis carried out by the Environmental Protection Agency and other government agencies in the course of developing government regulations. The Administrative Procedure Act and other laws may constrain some aspects of the war on regulatory science, provided that they are subject to judicial review. Internal administrative law and agency norms also can promote rule of law values, but their success depends largely on the good faith of executive branch actors and the willingness of Congress and the public to push back when norms of administrative legality are ignored. Absent such pushback, the Trump administration’s war on regulatory science could lead to irrational policies and threaten democratic governance.

Keywords: Regulatory Science, Environmental Law, War on Science, Administrative Law

Suggested Citation

Lin, Albert, President Trump's War on Regulatory Science (August 20, 2018). Harvard Environmental Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3248058

Albert Lin (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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