Quality Science in the Courtroom: U.S. EPA Data Quality and Peer Review Policies and Procedures Compared to the Daubert Factors

Abstract

Protection of the environment is critically dependent on the quality of data used in decision making. Whether the decisions are part of the scientific process or relate to application of the laws governing people and their living conditions, good quality data are required/needed by two disciplines with distinct differences. This paper examines some differences between science and the law, provides a brief history of science in law, discusses the effects of law on science, compares United States Environmental Protection Agency (U.S. EPA) guidance and U.S. Supreme Court credible science criteria. This paper further speculates on the future use of science data by the courts.

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