Gregory Morrison · October 2014
82 GEO. WASH. L. REV. 1654 (2014)
The use of science is integral to the modern administrative state. Scientific studies conducted by government agencies ought to be subject to peer review by external experts. The government’s current use of such outside experts, however, is subject to many constraints—notably the Federal Advisory Committee Act (“FACA”) and Executive Order (“E.O.”) 12,838, issued by President Bill Clinton. This Essay first considers what requirements FACA and the subsequent Executive orders bearing on federal advisory committees impose and what those elements of law mean for the use of external panels of peer reviewers. Next, the Essay outlines the important roles science and peer review play in the formulation of government policy and regulations, with specific reference to the peer review practices of the U.S. Forest Service. Finally, this Essay proposes an Executive order and amendments to FACA, which would exempt peer review panels from the most burdensome restrictions im- posed by FACA and E.O. 12,838.
