To avoid basing rules on marginal or flawed science (e.g. here) as described below a “best available science” clause is needed in the Clean Air Act (CAA) — and other environmental laws — as in the Safe Drinking Water Act (SDWA”)”:
“To the degree that an Agency action is based on science, the Administrator shall use (1) the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and (2) data collected by accepted methods or best available methods (if
the reliability of the method and the nature of the decision justifies use of the data”. Public Law 104-182. Section 1412(b)(4)(D).
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