Do Federal Regulatory Agencies Use the Best Available Science in Regulatory Decision-making? An Examination of Agency Performance in 1998-99. R. B. Belzer, Washington University
Risk analysts widely agree that the best available science should form the basis for decision-making whenever possible. In the last few years, a number of legislative proposals have been made that would enshrine in law a "sound science" requirement. Proponents say that federal regulatory agencies frequently do not use the best available science and that new law is needed to compel them to do so. Opponents say that such instances are actually rare and that existing statutory requirements and Executive Orders provide sufficient incentive and opportunities for oversight. To date, this debate has been informed by anecdote rather than systematic evaluation. This paper examines whether federal regulatory agencies have actually complied with existing statutory and presidential requirements for the use of best available science, and further, whether any failures to do so could have resulted in a material error in decision-making. All major final regulations promulgated by all federal regulatory agencies during the period April 1998 through March 1999 are examined.
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