The Article analyzes the use of blue ribbon panels to resolve complicated scientific issues that frequently arise during regulatory proceedings. In particular, it looks at the case of beryllium in order to illustrate how blue ribbon panels appointed and paid for by industry often lend scientific legitimacy to policy advocacy. It concludes that agencies should partially discount scientific evidence provided by industry appointed blue ribbon panels due to expected bias. However, it finds the agency will confront some difficulty convincing the public of the adequacy of regulations that are in conflict with a well-financed campaign by a regulated entity armed with scientific evidence from an "independent" agency.
Thomas O. McGarity,
Resisting Regulation with Blue Ribbon Panels,
33 Fordham Urb. L.J. 1157
Available at: http://ir.lawnet.fordham.edu/ulj/vol33/iss4/9