On the recordJuly 17, 1995
Look, we have a whole big section there that speaks for itself, of course, that means the risk analysis and cost-benefit, and it means peer review. And, as I said earlier, there will be times when procedural defects, if someone calls them that, might throw the whole rule out. Suppose it is a regulation on second-hand smoke. If all the scientists were from the tobacco industry, it would be fundamentally unfair and the scientific judgment would be important. And if I were the judge I would throw it out, even though that is a failure to comply because it would render the whole thing as an abusive discretion and arbitrary and capricious.
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