[ RadSafe ] Re: Radiation Hormesis
bobcherry at satx.rr.com
Fri Dec 28 13:44:12 CST 2007
It appears that Mr. Levine does not like our Federal system of
administrative laws that regulatory agencies write in compliance with
Congressional statutory law. I wonder if he would prefer that Congress write
the administrative laws, too.
Our system is cumbersome but I think it works well. I probably don't have
the quote quite right, but it goes something like this: "Our system of
government is the worst system, except for all the others."
By the way, litigants can always appeal administrative law rulings into the
"real" Federal court system if they wish. The alleged deference in that
system may be in the eye of the beholder.
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf
Of Syd H. Levine
Sent: Friday, December 28, 2007 1:20 PM
To: John Jacobus; Brennan, Mike (DOH); radsafe at radlab.nl
Subject: Re: [ RadSafe ] Re: Radiation Hormesis
But EPA DOES write law. They do it every day! The legislators have
delegated the vast majority of regulatory duties to administrative agencies
like EPA. Historically, this goes back to the original railroad regulatory
scheme in the very late 1800s, but has become a true monster since 1970 when
Nixon gave us the EPA.
Congress merely says regulate some particular activity, and EPA is charged
with developing the administrative law to accomplish same. Worse yet, if
the agency decides you have violated some provision of this voluminous
administrative law, you get the dubious honor of having the matter
adjudicated before an "administrative law judge", generally an employee of
the agency that promulgated the regulation to begin with. If you ever do
get to see a "real" judge, deference will be given to the agency ( a nice
way of saying what you say will not matter).
Pity is not what EPA deserves, I fear.
Syd H. Levine
AnaLog Services, Inc.
Phone: (270) 276-5671
Telefax: (270) 276-5588
E-mail: analog at logwell.com
Web URL: www.logwell.com
----- Original Message -----
From: "John Jacobus" <crispy_bird at yahoo.com>
To: "Brennan, Mike (DOH)" <Mike.Brennan at DOH.WA.GOV>; <radsafe at radlab.nl>
Sent: Friday, December 28, 2007 11:49 AM
Subject: RE: [ RadSafe ] Re: Radiation Hormesis
> The BEIR-VII report has an appendix that discusses hormesis.You can read
> it on-line.
> Have pity on your EPA friends. They did not write the laws.
> "Brennan, Mike (DOH)" <Mike.Brennan at DOH.WA.GOV> wrote:
> "All science is either physics or stamp collecting." Ernest.
> I am reminded of the story of a zoologist, biologist, and physicist each
> being asked to discuss the most important aspects of elephants. The
> zoologist discussed the social aspects of the herd how elephants
> interact with their environment. The biologist discussed the huge
> amount of food the elephant consumes and processes in which it is
> processed. The physicist gets up, thinks for a minute, and starts,
> "Assume the elephant is a sphere..."
> On the topic of hormesis; I would love for someone to do some definitive
> research, well designed and meticulously controlled, that would address
> both the claims and the criticisms. I will even allow as to how I would
> LOVE to have hormesis confirmed, if for no other reason than the
> entertainment value of watching my friends in the EPA struggle with
> setting maximum and minimum desired radon exposure levels. Sadly, I
> have yet to see anything about such research being done. The hormesis
> papers I've seen show as much evidence of cherry picking as the
> anti-(fill in the blank for whatever you don't like) papers.
> "If history teaches any lesson it is that no nation has an inherent right
> to greatness. Greatness has to be earned and continually re-earned."
> - Norman Augustine, Chairman of the National Academies Committee
> -- John
> John Jacobus, MS
> Certified Health Physicist
> e-mail: crispy_bird at yahoo.com
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