"Heartless science seeks truth, and truth alone, quite apart from any consequences that may arise."--Alexander Graham Bell
Bell demonstrated his concept of heartless science in his feverish labor, with much personal sacrifice, to invent a metal detector which could be used to locate an assassin's bullet in the back of President Garfield. Although it was perfected too late to help the President, the device worked and was used into World War I, even though the x-ray became available.
Unfortunately, science is not always heartless; rather, it can be influenced by bias, agendas or even ignorance. Consequently, science may not always attain the truth idealized by Bell.
For example, in the late 1880s, many doctors in the United States rejected Lister's discovery and application of antisepsis. They also rejected Pasteur's discovery that germs cause illness, believing that if one cannot see germs then they do not exist.
More recently, scientists have asserted that ancient Maya writings have predicted that the earth will end December 21, 2012. Now, scientists have discovered other Maya writings showing that no such prediction was made. (Science News, August 11, 2012).
Many scientists have asserted that global warming is human caused. Recently, for example, a group has indicated that the probability Texas will experience hot, dry weather in a La Nina year increases 20 times due to human caused global warming. (Science News, August 11, 2012). On the other hand, scientists apparently were surprised this month by a report that the amount of carbon dioxide being released in the United States has fallen to its lowest level in 20 years. The decline has occurred due to market forces (cheaper natural gas), not by governmental fiat.
So how does Bell relate to water and waste water utilities? These utilities are subject to treatment standards, regulations and enforcement actions by federal and state regulatory agencies. These agencies are assumed to have scientific "expertise", their rules are assumed to be based on scientific truth, and their "authority" is assumed to be boundless.
These assumption may not be true, in point of fact. Thus, on August 21, 2012, the U.S. Court of Appeals for the D.C. Circuit held that EPA's rule regarding emissions from coal-burning power plants crossing state lines (Cross-State Air Pollution Rule) exceeded EPA's statutory authority. Earlier in the month, the 5th Circuit Court of Appeals held that EPA's rejection of the Texas permitting process for utilities and industrial plants had no basis in the Clean Air Act or its implementing regulations.
When new standards or regulations are proposed, water and waste water utilities should carefully review the basis and support for the proposals. They should consider questioning and commenting when opportunities arise, and challenging them when costs exceed benefits or scientific support appears lacking. Likewise, in the case of enforcement actions by regulators, allegations that may not have an evidentiary basis or appear to be beyond statutory authority should be defended against.
There are times when regulation can be heartless. But if regulation is not based upon scientific and legal truth, the potential consequences can justify challenge.
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