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."

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.

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.

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.