Daubert-Type Challenges at Administrative Level Pursuant to Information Quality Act

Overview: The problem of flawed governmental information, data, studies or junk science is one with which your company is no doubt familiar with. You may have encountered it in a number of different contexts. Private toxic tort litigation —or in your dealings with administrative agencies like the EPA or FDA—are settings where you may have had to deal with or rebut erroneous governmental information, reports or flawed data. The Information Quality Act does three things. First with limited exceptions, it requires all federal agencies to issue their own information quality guidelines ensuring and maximizing the quality, objectivity, utility and integrity of information, including statistical information, disseminated by the agency no later than one year after the date of issuance of the OMB (Office of Management and Budget) guidelines. In accordance with the Information Quality Act, the OMB promulgated final guidelines that each federal agency’s own guidelines must follow. OMB designed the guidelines to be generic to fit all media and sought to avoid the problems that would be inherent in developing “one-size-fits-all” governmentwide guidelines. In any event, the Information Quality Act has the potential to do at the administrative level. One has to make sure that the litigation counsel are aware of the law.

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Format: PDF | Size: 52KB | Date: Jan 2003 | Pages: 3