In its FOIA lawsuit against the USGS (Case no. DC 1:2014cv01200), PCTC filed a Response to the USGS Motion for Summary Judgment (MoSJ) and its own Cross MoSJ on May 16, 2016. The filing is available here. The filing included one subsidiary document, Declaration of Anne LeHuray, available here.
It is highly ironic that the USGS – an agency that describes itself as aspiring to scientific excellence – argues that the reason for withholding data is fear of criticism. Yet the very definition of what makes a statement a scientific hypothesis is that it can be subjected to falsification. Another way to say that is that a scientific hypothesis is never completely final because the information underlying the hypothesis is always open to inspection, verification, and replication. If the underlying information (data) can not be verified or reproduced, the hypothesis is false. The USGS seems to be arguing that its science should not be subject to the foundational principles of science.