“Citizen Science” and the New World of EPA Regulatory Enforcement

Image Source

By: Quinn Hill, Staff Member

In March, 2013, the Environmental Protection Agency delivered a presentation at an Air Monitoring Workshop describing what it termed “Next Generation Air Monitoring”.[1] The goal was to spur development of new air monitoring technologies, primarily localized and low-cost alternatives to the more expensive method of traditional, stationary lab analysis.[2] More specifically, the presentation emphasized the promise of active citizen involvement via “citizen science”.[3]

“Citizen science” is essentially the process of a non-professional scientists engaging in academic and scientific research, and combining that research with that of other non-professional scientists to promote data analysis and technology development. In plain english: “citizen science” is a type of crowd-sourcing, where ordinary individuals collect and exchange data to further some type of scientific end.[4]

That the EPA would be interested in citizen science should come as no surprise. Regulatory enforcement is a data intensive process, and the EPA could better implement its regulations if data were more easily and efficiently collected. The EPA stated,

Technology and software developed as part of the “next generation of air monitoring” (NGAM) can lead to better protection of public health and the environment, provide communities with better data on pollution in their neighborhoods, help regulated entities better manage their facilities, create business opportunities, and reduce the costs of air pollution monitoring for public agencies, regulated entities and researchers.[5]

While the EPA has not yet used citizen science alone to enforce its regulations, it remains committed to fostering development of new, more reliable air-quality testing devices and placing those devices into the hands of citizen scientists.[6] Indeed, the EPA has explicitly authorized the use of citizen science data to help in certain environmental protection efforts,[7] and has created a website for the specific purpose of fostering discussion and providing updated information regarding citizen science in relation to monitoring air quality.[8] Recently, citizen scientists’ data collection led to the EPA’s installation of permanent air-quality monitoring facilities,[9] eventuating in an EPA enforcement action and a criminal conviction.[10]

The EPA’s focus on citizen science initiatives raises the threat of increased use of EPA regulatory enforcement as personal and non-professional testing devices become accepted means of collecting relevant data. The range of potential legal issues is, without question, immense: under what circumstances are the data collected from such devices to be deemed sufficient to prove or disprove regulatory compliance; how are the data to be used in private rights of action to enforce EPA regulations; under what circumstances would citizen science-collected data be sufficient to satisfy pleading requirements, etc. While these and other questions remain set aside for future disputes, industry advocates and environmental watchdogs should keep a vigilant eye on future developments in the EPA’s stance toward citizen science. As always, the future is quickly upon us. 

[1] Tim Watkins, Next Generation Air Monitoring, U.S. Environmental Protection Agency’s Office of Research and Development, (March 28, 2013), available at http://www.epa.gov/airscience/docs/next-generation-air-monitoring-region4.pdf (last visited July 14, 2014).
[2] See, e.g., id. at 5.
[3] Id. at 7.
[4] See Finalizing a Definition of "Citizen Science" and "Citizen Scientists", OpenScientist, (Sept. 3, 2011), available at http://www.openscientist.org/2011/09/finalizing-definition-of-citizen.html (last visited July 14, 2014).
[5] DRAFT Roadmap for Next Generation Air Monitoring, U.S. Environmental Protection Agency, (March 8, 2013), available at http://citizenair.net/publicSubmission/view/1828 (last visited July 14, 2014).
[6] See id. at 2-5.
[7] See John Martin, EPA Provides Over $345,000 to Protect Wetlands in New York; Citizen Science to be Used in the Adirondacks to Collect Environmental Data, U.S. Environmental Protection Agency, (Dec. 10, 2013), available at http://yosemite.epa.gov/opa/admpress.nsf/eeffe922a687433c85257359003f5340/8c8f002317304c8f85257c3d0068ed08!opendocument (last visited July 14, 2014).
[8] CitizenAir, available at http://www.citizenair.net (last visited July 14, 2014).
[9] John Martin, New EPA Video Highlights Success of Citizen Science Efforts in Tonawanda, NY, U.S. Environmental Protection Agency, (May 21, 2013), available at http://yosemite.epa.gov/opa/admpress.nsf/0/5CF8163B1864025E85257B720055A5BB (last visited July 14, 2014).
[10] Id.; see also, Jessica Bagley, TONAWANDA COKE FOUND GUILTY, Tonawanda News, (March 28, 2013), available at http://www.tonawanda-news.com/local/x1916521195/TONAWANDA-COKE-FOUND-GUILTY (last visited July 14, 2014).