David Vogel
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691124162
- eISBN:
- 9781400842568
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691124162.003.0005
- Subject:
- Political Science, Public Policy
This chapter looks at American and European policies toward the risks of chemicals and hazardous substances. The 1976 Toxic Substances Control Act (TSCA) significantly strengthened American chemical ...
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This chapter looks at American and European policies toward the risks of chemicals and hazardous substances. The 1976 Toxic Substances Control Act (TSCA) significantly strengthened American chemical regulations and contributed to the 1979 decision of the EU to both harmonize and strengthen its chemical regulations, though they remained weaker than those of the United States. While there has been no major statutory change in American chemical regulation since then, in 2006 the EU approved REACH—the Registration, Evaluation, Authorization and Restriction of Chemicals, which made European chemical regulations significantly more stringent and comprehensive than those of the United States. Meanwhile, risk assessments by the U.S. federal government do not consider the hazardous substances in electronics deposited in landfills as a threat to public health.Less
This chapter looks at American and European policies toward the risks of chemicals and hazardous substances. The 1976 Toxic Substances Control Act (TSCA) significantly strengthened American chemical regulations and contributed to the 1979 decision of the EU to both harmonize and strengthen its chemical regulations, though they remained weaker than those of the United States. While there has been no major statutory change in American chemical regulation since then, in 2006 the EU approved REACH—the Registration, Evaluation, Authorization and Restriction of Chemicals, which made European chemical regulations significantly more stringent and comprehensive than those of the United States. Meanwhile, risk assessments by the U.S. federal government do not consider the hazardous substances in electronics deposited in landfills as a threat to public health.
Joanne Scott
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565177
- eISBN:
- 9780191705359
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565177.003.0003
- Subject:
- Law, EU Law, Environmental and Energy Law
The volume and complexity of the EU's recent REACH regulation, concerning chemicals, is such that a lengthy book would be required to offer a full exposition and analysis. Running to 141 articles, ...
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The volume and complexity of the EU's recent REACH regulation, concerning chemicals, is such that a lengthy book would be required to offer a full exposition and analysis. Running to 141 articles, seventeen annexes, and ten appendices, the densely printed Official Journal text amounts to 280 pages. This chapter focuses upon the governance approach embodied in the regulation and upon certain key features (‘core elements’) which characterize this. The core elements considered are industry responsibility, contestability, substitution, provisionality, and transparency.Less
The volume and complexity of the EU's recent REACH regulation, concerning chemicals, is such that a lengthy book would be required to offer a full exposition and analysis. Running to 141 articles, seventeen annexes, and ten appendices, the densely printed Official Journal text amounts to 280 pages. This chapter focuses upon the governance approach embodied in the regulation and upon certain key features (‘core elements’) which characterize this. The core elements considered are industry responsibility, contestability, substitution, provisionality, and transparency.
Kevin C. Elliott
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199755622
- eISBN:
- 9780199827121
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755622.003.0002
- Subject:
- Philosophy, Philosophy of Science
This chapter examines the history of hormesis research as an important case study of the ways in which methodological and interpretive judgments enter scientific practice. It organizes these choices ...
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This chapter examines the history of hormesis research as an important case study of the ways in which methodological and interpretive judgments enter scientific practice. It organizes these choices into four major categories. First, judgments pervade the choice of research projects and the design of studies. One of the important questions in this regard is what kinds of studies to prioritize, given the limited funding available to examine the low‐dose effects of toxicants. Second, crucial decisions are involved in developing scientific language. The hormesis case study (as well as the multiple chemical sensitivity and endocrine disruption cases examined in Chapter 7) provides vivid examples of how the choice of scientific terms and categories can subtly influence policy discussions. Third, judgments play a crucial role in the interpretation and evaluation of studies. This third category of methodological choices is especially important to understand in the hormesis case, because it is largely responsible for the disagreements between proponents and opponents of claims about the generalizability and regulatory implications of hormesis. Fourth, there are important decisions to make about how to apply research results in the context of formulating public policy. For example, efforts to apply hormesis to regulatory policy must come to grips with difficult questions about how to balance potentially beneficial and harmful effects of toxic chemicals.Less
This chapter examines the history of hormesis research as an important case study of the ways in which methodological and interpretive judgments enter scientific practice. It organizes these choices into four major categories. First, judgments pervade the choice of research projects and the design of studies. One of the important questions in this regard is what kinds of studies to prioritize, given the limited funding available to examine the low‐dose effects of toxicants. Second, crucial decisions are involved in developing scientific language. The hormesis case study (as well as the multiple chemical sensitivity and endocrine disruption cases examined in Chapter 7) provides vivid examples of how the choice of scientific terms and categories can subtly influence policy discussions. Third, judgments play a crucial role in the interpretation and evaluation of studies. This third category of methodological choices is especially important to understand in the hormesis case, because it is largely responsible for the disagreements between proponents and opponents of claims about the generalizability and regulatory implications of hormesis. Fourth, there are important decisions to make about how to apply research results in the context of formulating public policy. For example, efforts to apply hormesis to regulatory policy must come to grips with difficult questions about how to balance potentially beneficial and harmful effects of toxic chemicals.
Kevin Elliott
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199755622
- eISBN:
- 9780199827121
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755622.001.0001
- Subject:
- Philosophy, Philosophy of Science
This book examines a variety of ways in which societal values can be more effectively integrated into the numerous judgments associated with policy‐relevant environmental research. It provides a ...
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This book examines a variety of ways in which societal values can be more effectively integrated into the numerous judgments associated with policy‐relevant environmental research. It provides a detailed analysis of contemporary research on the hypothesis of hormesis (i.e., beneficial biological effects caused by low‐dose exposure to pollutants that are ordinarily toxic). On the basis of this analysis, as well as shorter case studies of endocrine disruption and multiple chemical sensitivity, the book proposes three lessons. First, university conflict‐of‐interest policies are significantly limited in their ability to prevent interest groups from “hijacking” academic research on sensitive policy‐relevant topics. Therefore, alternative strategies are needed to preserve science that serves the public interest. Second, concerned citizens and policy makers need to more carefully determine the most appropriate forms of broadly based deliberation to be employed in response to specific areas of sensitive, policy‐relevant research. Third, the principle of informed consent, which currently provides guidance in the medical field, suggests a promising ethical framework that can help environmental scientists who disseminate debated findings to the public. Throughout, the book highlights many of the crucial ethical and societal questions surrounding research on the hormesis hypothesis. It thereby constitutes the first book‐length manuscript to provide guidance to the concerned citizens, industry groups, scientists, and policy makers who are exploring ways to respond to this phenomenon.Less
This book examines a variety of ways in which societal values can be more effectively integrated into the numerous judgments associated with policy‐relevant environmental research. It provides a detailed analysis of contemporary research on the hypothesis of hormesis (i.e., beneficial biological effects caused by low‐dose exposure to pollutants that are ordinarily toxic). On the basis of this analysis, as well as shorter case studies of endocrine disruption and multiple chemical sensitivity, the book proposes three lessons. First, university conflict‐of‐interest policies are significantly limited in their ability to prevent interest groups from “hijacking” academic research on sensitive policy‐relevant topics. Therefore, alternative strategies are needed to preserve science that serves the public interest. Second, concerned citizens and policy makers need to more carefully determine the most appropriate forms of broadly based deliberation to be employed in response to specific areas of sensitive, policy‐relevant research. Third, the principle of informed consent, which currently provides guidance in the medical field, suggests a promising ethical framework that can help environmental scientists who disseminate debated findings to the public. Throughout, the book highlights many of the crucial ethical and societal questions surrounding research on the hormesis hypothesis. It thereby constitutes the first book‐length manuscript to provide guidance to the concerned citizens, industry groups, scientists, and policy makers who are exploring ways to respond to this phenomenon.
Alissa Cordner
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780231171465
- eISBN:
- 9780231541381
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171465.003.0005
- Subject:
- Sociology, Science, Technology and Environment
Chapter 5 shows that science-based decisions, ranging from the development of new chemical products by chemical manufacturers to chemical assessments at EPA, involve social acts of negotiation ...
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Chapter 5 shows that science-based decisions, ranging from the development of new chemical products by chemical manufacturers to chemical assessments at EPA, involve social acts of negotiation between participants, multiple interpretations of scientific evidence, and political and economic concerns and constraints.Less
Chapter 5 shows that science-based decisions, ranging from the development of new chemical products by chemical manufacturers to chemical assessments at EPA, involve social acts of negotiation between participants, multiple interpretations of scientific evidence, and political and economic concerns and constraints.
Anu Bradford
- Published in print:
- 2020
- Published Online:
- December 2019
- ISBN:
- 9780190088583
- eISBN:
- 9780190088613
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190088583.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
The first part of chapter 6 examines the Brussels Effect through the global impact of the EU’s food safety regulation, while the second part of the chapter examines the Brussels Effect through the ...
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The first part of chapter 6 examines the Brussels Effect through the global impact of the EU’s food safety regulation, while the second part of the chapter examines the Brussels Effect through the lens of chemical safety. The discussion first introduces the EU’s key food safety regulations, and examines the underlying interest group dynamics that explain the emergence of such stringent regulations from the EU’s legislative process. It then offers some examples of both the de facto and de jure Brussels Effect on food safety. Next, the chapter turns to chemical safety, again reviewing the relevant regulation, together with the politics behind that regulation. It then illustrates the pervasiveness of the Brussels Effect—both de facto and de jure—demonstrating the EU’s entrenched regulatory influence across the global marketplace.Less
The first part of chapter 6 examines the Brussels Effect through the global impact of the EU’s food safety regulation, while the second part of the chapter examines the Brussels Effect through the lens of chemical safety. The discussion first introduces the EU’s key food safety regulations, and examines the underlying interest group dynamics that explain the emergence of such stringent regulations from the EU’s legislative process. It then offers some examples of both the de facto and de jure Brussels Effect on food safety. Next, the chapter turns to chemical safety, again reviewing the relevant regulation, together with the politics behind that regulation. It then illustrates the pervasiveness of the Brussels Effect—both de facto and de jure—demonstrating the EU’s entrenched regulatory influence across the global marketplace.
Katja Biedenkopf
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780198724506
- eISBN:
- 9780191792113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198724506.003.0005
- Subject:
- Political Science, European Union, Comparative Politics
This chapter focuses on the external dimension of the European Union’s (EU) chemicals legislation REACH. Although this law does not create a classic experimentalist architecture, it incorporates a ...
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This chapter focuses on the external dimension of the European Union’s (EU) chemicals legislation REACH. Although this law does not create a classic experimentalist architecture, it incorporates a number of core experimentalist elements. The REACH Regulation centralizes chemicals regulation at the EU level but involves in its processes a variety of state and non-state actors from different levels of governance within and beyond EU borders. It reaches beyond European borders in three different ways. First, the internal EU processes are extended to non-EU actors. Second, the data concerning the intrinsic properties of chemical substances and possible safer alternatives generated through REACH procedures can be used by non-EU regulators in their own domestic policies. Third, the REACH Regulation constitutes a model of advanced and comprehensive chemicals regulation that can exert external effects on non-EU policy-making processes.Less
This chapter focuses on the external dimension of the European Union’s (EU) chemicals legislation REACH. Although this law does not create a classic experimentalist architecture, it incorporates a number of core experimentalist elements. The REACH Regulation centralizes chemicals regulation at the EU level but involves in its processes a variety of state and non-state actors from different levels of governance within and beyond EU borders. It reaches beyond European borders in three different ways. First, the internal EU processes are extended to non-EU actors. Second, the data concerning the intrinsic properties of chemical substances and possible safer alternatives generated through REACH procedures can be used by non-EU regulators in their own domestic policies. Third, the REACH Regulation constitutes a model of advanced and comprehensive chemicals regulation that can exert external effects on non-EU policy-making processes.
Alissa Cordner
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780231171465
- eISBN:
- 9780231541381
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171465.003.0002
- Subject:
- Sociology, Science, Technology and Environment
Chapter 2 provides an overview of the history of flame retardant production, regulation, research, and activism in the United States, from early controversies over toxic chemicals used in children’s ...
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Chapter 2 provides an overview of the history of flame retardant production, regulation, research, and activism in the United States, from early controversies over toxic chemicals used in children’s pajamas, to the discovery of the chemicals in women’s breast milk, to dynamic activist campaigns to ban dangerous chemicals, to lobbying efforts by well-funded chemical industry front groups.Less
Chapter 2 provides an overview of the history of flame retardant production, regulation, research, and activism in the United States, from early controversies over toxic chemicals used in children’s pajamas, to the discovery of the chemicals in women’s breast milk, to dynamic activist campaigns to ban dangerous chemicals, to lobbying efforts by well-funded chemical industry front groups.
Kevin C. Elliott
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199755622
- eISBN:
- 9780199827121
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755622.003.0001
- Subject:
- Philosophy, Philosophy of Science
This chapter provides an overview of the book and a summary of each subsequent chapter. It highlights the volume's two major goals: to examine the range of methodological decisions and interpretive ...
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This chapter provides an overview of the book and a summary of each subsequent chapter. It highlights the volume's two major goals: to examine the range of methodological decisions and interpretive judgments that permeate policy‐relevant scientific research and to explore ways of making these choices more responsive to a range of public values (in addition to those of deep pockets, which have abundant resources to spend on research). It also introduces readers to the book's central case study, hormesis, which involves seemingly beneficial effects produced by low doses of substances that are normally toxic. Chapters 2 and 3 perform two preliminary tasks: (1) They clarify the major categories of value judgments that contribute to differing evaluations of the generalizability and regulatory implications of hormesis; and (2) they argue that societal values should not be completely excluded from influencing any of these categories of judgments. Chapters 4 through 6 develop the book's three primary lessons, corresponding to the three “bodies” that Sheila Jasanoff emphasizes as central to obtaining trustworthy public‐policy guidance from scientific experts. These lessons concern how to safeguard the body of scientific knowledge from interest groups, how to ascertain the best advisory bodies for guiding policy makers and directing the course of future research, and how to provide the bodies of experts themselves with an ethics of expertise. Chapter 7 argues that the lessons drawn in chapters 2 through 6 are applicable not only to the hormesis case but also to other areas of policy‐relevant research, such as endocrine disruption and multiple chemical sensitivity (MCS).Less
This chapter provides an overview of the book and a summary of each subsequent chapter. It highlights the volume's two major goals: to examine the range of methodological decisions and interpretive judgments that permeate policy‐relevant scientific research and to explore ways of making these choices more responsive to a range of public values (in addition to those of deep pockets, which have abundant resources to spend on research). It also introduces readers to the book's central case study, hormesis, which involves seemingly beneficial effects produced by low doses of substances that are normally toxic. Chapters 2 and 3 perform two preliminary tasks: (1) They clarify the major categories of value judgments that contribute to differing evaluations of the generalizability and regulatory implications of hormesis; and (2) they argue that societal values should not be completely excluded from influencing any of these categories of judgments. Chapters 4 through 6 develop the book's three primary lessons, corresponding to the three “bodies” that Sheila Jasanoff emphasizes as central to obtaining trustworthy public‐policy guidance from scientific experts. These lessons concern how to safeguard the body of scientific knowledge from interest groups, how to ascertain the best advisory bodies for guiding policy makers and directing the course of future research, and how to provide the bodies of experts themselves with an ethics of expertise. Chapter 7 argues that the lessons drawn in chapters 2 through 6 are applicable not only to the hormesis case but also to other areas of policy‐relevant research, such as endocrine disruption and multiple chemical sensitivity (MCS).
Ken Geiser
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780262012522
- eISBN:
- 9780262327015
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262012522.003.0002
- Subject:
- Environmental Science, Environmental Studies
During the 1970s, the U.S. federal government enacted a series of laws designed to control human health and environmental risks of pesticides, drugs, food additives, cosmetics, industrial chemicals ...
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During the 1970s, the U.S. federal government enacted a series of laws designed to control human health and environmental risks of pesticides, drugs, food additives, cosmetics, industrial chemicals and chemicals in commercial product. These chemical control laws required the generation of information on hazardous chemicals, characterization and prioritization of hazardous chemicals, and regulation on the manufacture, marketing and use of the most hazardous. After 1980, many state governments also began passing legislation to control hazardous chemicals. These federal and state laws have served for years as the basic framework for the management of hazardous chemicals in the United States.Less
During the 1970s, the U.S. federal government enacted a series of laws designed to control human health and environmental risks of pesticides, drugs, food additives, cosmetics, industrial chemicals and chemicals in commercial product. These chemical control laws required the generation of information on hazardous chemicals, characterization and prioritization of hazardous chemicals, and regulation on the manufacture, marketing and use of the most hazardous. After 1980, many state governments also began passing legislation to control hazardous chemicals. These federal and state laws have served for years as the basic framework for the management of hazardous chemicals in the United States.
Alissa Cordner
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780231171465
- eISBN:
- 9780231541381
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171465.003.0006
- Subject:
- Sociology, Science, Technology and Environment
Chapter 6 describes how controversies over flame retardants have played out for the public and through the media, examining the actions of a broad coalition of environmental, public interest, and ...
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Chapter 6 describes how controversies over flame retardants have played out for the public and through the media, examining the actions of a broad coalition of environmental, public interest, and fire safety groups pushing for flame retardant restrictions and the work of well-funded industry front groups defending these chemicals.Less
Chapter 6 describes how controversies over flame retardants have played out for the public and through the media, examining the actions of a broad coalition of environmental, public interest, and fire safety groups pushing for flame retardant restrictions and the work of well-funded industry front groups defending these chemicals.
Ken Geiser
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780262012522
- eISBN:
- 9780262327015
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262012522.001.0001
- Subject:
- Environmental Science, Environmental Studies
Thousands of synthetic chemicals are used to make our clothing, cosmetics, household products and electronic devices. However, many of these chemicals are hazardous and potentially dangerous to our ...
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Thousands of synthetic chemicals are used to make our clothing, cosmetics, household products and electronic devices. However, many of these chemicals are hazardous and potentially dangerous to our health and the environment. For fifty years, the conventional approach to hazardous chemicals has focused on regulation, barriers, and control. Today, there is a growing international interest in going beyond a singular focus on toxic and hazardous chemicals and developing broader policies for managing all chemicals. This book proposes a new strategy for chemical management based on changing chemical production and consumption systems. Reviewing the many initiatives now on-going in the product and chemical markets, in industry, and in science, Chemicals without Harm offers a strategy based on characterizing, classifying and prioritizing chemicals, identifying and adopting safer alternatives to hazardous chemicals, and promoting the research and innovation needed to develop those alternatives.Less
Thousands of synthetic chemicals are used to make our clothing, cosmetics, household products and electronic devices. However, many of these chemicals are hazardous and potentially dangerous to our health and the environment. For fifty years, the conventional approach to hazardous chemicals has focused on regulation, barriers, and control. Today, there is a growing international interest in going beyond a singular focus on toxic and hazardous chemicals and developing broader policies for managing all chemicals. This book proposes a new strategy for chemical management based on changing chemical production and consumption systems. Reviewing the many initiatives now on-going in the product and chemical markets, in industry, and in science, Chemicals without Harm offers a strategy based on characterizing, classifying and prioritizing chemicals, identifying and adopting safer alternatives to hazardous chemicals, and promoting the research and innovation needed to develop those alternatives.
Charles R. McElwee
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780195390018
- eISBN:
- 9780190259730
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780195390018.003.0015
- Subject:
- Law, Environmental and Energy Law
This chapter discusses China's New Chemical Regulation, which applies to all producers, importers, and scientific researchers in China. Entities that wish to produce or import any chemical not on ...
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This chapter discusses China's New Chemical Regulation, which applies to all producers, importers, and scientific researchers in China. Entities that wish to produce or import any chemical not on China's inventory of existing chemicals, they must comply with the mandates of the regulation. It describes the scope of the regulation, notification types and procedures; risk classification, registration certificate, postregistration requirements, local environmental protection bureau inspections, renotification, adding chemicals to the Inventory of Existing Chemical Substances manufactured or imported in China (IECSC), penalties, and grandfathering.Less
This chapter discusses China's New Chemical Regulation, which applies to all producers, importers, and scientific researchers in China. Entities that wish to produce or import any chemical not on China's inventory of existing chemicals, they must comply with the mandates of the regulation. It describes the scope of the regulation, notification types and procedures; risk classification, registration certificate, postregistration requirements, local environmental protection bureau inspections, renotification, adding chemicals to the Inventory of Existing Chemical Substances manufactured or imported in China (IECSC), penalties, and grandfathering.
Alissa Cordner
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780231171465
- eISBN:
- 9780231541381
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171465.003.0007
- Subject:
- Sociology, Science, Technology and Environment
The Conclusion integrates the concepts and themes developed throughout the book to offer suggestions for regulators, environmental scientists, activists, and the chemical industry. It offers concrete ...
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The Conclusion integrates the concepts and themes developed throughout the book to offer suggestions for regulators, environmental scientists, activists, and the chemical industry. It offers concrete policy improvements and points to reforms in environmental governance, industry practice, and advocacy work needed for greater environmental and public health protection.Less
The Conclusion integrates the concepts and themes developed throughout the book to offer suggestions for regulators, environmental scientists, activists, and the chemical industry. It offers concrete policy improvements and points to reforms in environmental governance, industry practice, and advocacy work needed for greater environmental and public health protection.
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226772028
- eISBN:
- 9780226772042
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226772042.003.0007
- Subject:
- Law, Environmental and Energy Law
This chapter begins with a discussion of cases involving the Occupational Safety and Health Administration's attempts to regulate toxic chemical exposures in the workplace, in order to illustrate the ...
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This chapter begins with a discussion of cases involving the Occupational Safety and Health Administration's attempts to regulate toxic chemical exposures in the workplace, in order to illustrate the harm caused by unwarranted judicial interference. Next, it explains the evidence demonstrating judicial bias. It examines the incentives that motivate judges to discover why such bias arises. It discusses how ideological judging creates regulatory dysfunction. The chapter concludes with a series of recommendations for arresting these trends by defining the appropriate role of judges as last-resort or “border patrol” overseers.Less
This chapter begins with a discussion of cases involving the Occupational Safety and Health Administration's attempts to regulate toxic chemical exposures in the workplace, in order to illustrate the harm caused by unwarranted judicial interference. Next, it explains the evidence demonstrating judicial bias. It examines the incentives that motivate judges to discover why such bias arises. It discusses how ideological judging creates regulatory dysfunction. The chapter concludes with a series of recommendations for arresting these trends by defining the appropriate role of judges as last-resort or “border patrol” overseers.
