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Environmental Health Perspectives (EHP) is a monthly journal of peer-reviewed research and news on the impact of the environment on human health. EHP is published by the National Institute of Environmental Health Sciences and its content is free online. Print issues are available by paid subscription.DISCLAIMER
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Environmental Health Perspectives Volume 116, Number 1, January 2008 Open Access
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Rethinking the Threats to Scientific Balance in Contexts of Litigation and Regulation

William R. Freudenburg

Environmental Studies Program, University of California, Santa Barbara, California, USA

Abstract
Background: Although existing literature does discuss difficulties of doing science in contexts of litigation and regulation, work to date reflects little first-hand experience in such contexts. This gap is understandable but also potentially troubling: Concerns that seem important from afar may or may not match those that are most salient for scientists actually engaged in such work.

Objectives: Drawing on experience on scientific committees and in lawsuits, and using skills developed through doing qualitative fieldwork, I reanalyze past experiences and field notes from the perspective of the 2006 Coronado Conference "Truth and Advocacy in Contexts of Litigation and Regulation." Although I initially shared the kinds of concerns generally stressed by other scientists and science-studies scholars—emphasizing overt, relatively sinister efforts to limit scientific objectivity—neither the literature nor my initial instincts provided adequate preparation for more subtle influences, which actually created stronger pressures toward bias. Particularly unexpected pressures came from consistent deference and praise for independence and credibility.

Discussion and Conclusions: The cases discussed in this article are by nature suggestive, not definitive ; additional research is clearly needed. Future research, however, needs to focus not just on pressures toward bias that are easy to imagine, but also on those that are easy to overlook.

Key words: , , , . Environ Health Perspect 116:142–147 (2008) . doi:10.1289/ehp.9988 available via http://dx.doi.org/ [Online 7 November 2007]


This article is part of the mini-monograph "Science for Regulation and Litigation."

Address correspondence to W.R. Freudenburg, Environmental Studies Program, Mail Stop 4160, University of California, Santa Barbara, CA 93106-4160 USA. Telephone: (805) 893-8282. Fax: (805) 893-8686. E-mail: Freudenburg@es.ucsb.edu

D. Michaels, S. Krimsky, and several anonymous reviewers offered helpful comments on previous drafts of the manuscript. None of them share any of the blame for the ideas or errors that remain, which are those of the author alone.

The authors declare they have no competing financial interests.

Received 13 December 2006 ; accepted 27 August 2007.

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