Data Quality

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.