In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.
Alan Charles Raul & Julie Zampa Dwyer,
“Regulatory Daubert”: A Proposal to Enhance Judicial Review of Agency Science by Incorporating Daubert Principles into Administrative Law,
66 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol66/iss4/2