[ RadSafe ] Re: Radiation Hormesis

Fri Dec 28 18:40:25 CST 2007

Bob:

"Deference to the Agency" is not my opinion as to how things work, it is a 
common law doctrine followed by the courts.  And you may not appeal to the 
judiciary until all administrative remedies are exhausted, and that is 
another common law doctrine followed by the courts.  Further, if you fail to 
raise a defense in your administrative ordeal, you will likely be barred 
from raising that issue in real court, yet another common law doctrine.

The explosion of administrative law has only happened in the last 30 plus 
years, and it is an abomination.  Yes, I would definitely prefer our laws be 
passed by legislators if the issue is important enough to warrant a law.  I 
would also prefer adjudication to take place before real judges who are not 
employees of the administrative agency conducting the prosecution / 
persecution.

The comments about our system being the best were made long before this 
explosion of administrative law, and the gross over-regulation that is now 
crippling any kind of industrial activity in the US.

Personally, I have had some pretty bad experiences with administrative law, 
and it probably shows in my attitude toward same.  I am no longer in the 
production end of the oil bidness as a result of the costs and stress 
associated with addressing such issues.  I would not wish an administrative 
appeal to the Circuit Court of Appeals on my worst enemy!

Syd

----- Original Message ----- 
From: "Bob Cherry" <bobcherry at satx.rr.com>
To: <radsafe at radlab.nl>
Sent: Friday, December 28, 2007 2:44 PM
Subject: RE: [ RadSafe ] Re: Radiation Hormesis

> 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
>
>
>
> ----- 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.
>>
>>  http://www.nap.edu/openbook.php?record_id=11340&page=332
>>
>>  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.
>> Rutherford
>>
>> 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
>>
>> ---------------------------------
>> Looking for last minute shopping deals?  Find them fast with Yahoo!
>> Search.
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>
>
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