[ RadSafe ] Re: Radiation Hormesis

[Steven Dapra]

Dec. 28

         Speaking only for myself, I do not like administrative law.  Yes I 
know, a certain amount is necessary, however we have vastly too much of 
it.  If one takes the limited government position, as I do, the EPA should 
not exist.  Furthermore, even if I accepted its existence, this agency has 
far too much power.  No government agency or department should have so much 
power.

         Our system is cumbersome, and it is cumbersome because it is so 
large.  Whether or not it works well depends on one's definition of 
"well."  To use an extreme example, Joseph Stalin's ideas about working 
well are a goodly distance from my ideas --- and the ideas of (I am 
certain) all RADSAFErs.  To bring it up to date, the Bush/Cheney definition 
of what works well for guarding the nation's security . . . okay, point made.

         As far as appealing administraative law rulings into the Federal 
courts is concerned, I am incredulous that Bob Cherry would say such a 
thing.  How many layers of administrative law rulings must one slog through 
before getting into the Federal courts?  How expensive and time consuming 
is this?  Remember that in addition to fighting the battle with the 
regulatory agencies the appellant must also continue to run his 
business.  This can become very time-consuming.  Besides, by the time the 
appellant gets into the Federal courts, since he has already lost his 
administrative appeals he arrives in Federal court with an automatic 
prejudice against his position.  Plus, he is fighting the limitless wealth 
and power of the Federal government.  Sure, companies fight these battles 
and sometimes they even win.  Even if the accused wins he is forced to bear 
an enormous financial and emotional burden.  I would endorse what Syd says 
about "deference."

         Syd also said, "Pity is not what EPA deserves, I fear."  What the 
EPA deserves is its abolition.  What it engenders is at best apprehension, 
and probably (more often) fear.

Steven Dapra


At 01:44 PM 12/28/07 -0600, Bob Cherry wrote:
>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.
>
>Bob C
>
>-----Original Message-----
>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