Justice Department Supports Dismissal of Second Data Quality Lawsuit - July 26, 2004 Vol.5, No.15

July 26, 2004 Vol.5, No.15:

Published: 07/26/2004

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Justice Department Supports Dismissal of Second Data Quality Lawsuit

The Justice Department (DOJ) issued a brief June 25 recommending the dismissal of a lawsuit filed by the Chamber of Commerce and the Salt Institute under the Data Quality Act (DQA). The March 31 lawsuit against the National Heart, Lung and Blood Institute (NHLBI) within the National Institutes of Health (NIH) challenged agency statements about sodium consumption.

The DOJ brief states that the plaintiffs lack standing to challenge the sodium study that underlies the agency statements because it is not sufficiently demonstrated that they incur any injury because of the agency's statements. Additionally, DOJ asserts that the court does not have subject matter jurisdiction, and even if it did, there is no statutory basis for federal court review, as the DQA contains no provisions allowing private parties to enforce the statutory terms in court.

This brief comes days after a Minnesota federal district court ruled that the DQA does not permit petitioners to seek judicial review. The court ruled the DQA itself does not create any private right of action.

The Chamber and Salt Institute filed a brief July 16 refuting the DOJ's recommendations. Although DOJ does not cite the Minnesota case, the industry brief does argue that this case should not set precedent. They argue that a key Supreme Court test was not followed and there was no substantial information to justify the ruling.

While the Minnesota federal court case was the first data quality case to come before the court, it did not set a strong precedent. The Chamber of Commerce and Salt Institute lawsuit is one of four additional lawsuits that have yet to be resolved. DOJ's brief sends a strong message that the DQA does not allow for judicial review and the outcome of this case will help determine whether future parties will submit suits under the DQA.

Additional Resources:
DOJ Brief
OMB Watch Article on First Data Quality Ruling
Data Quality Tracking Page