Enlarge / Harvard Business School was targeted by a faculty member's lawsuit. (credit: APCortizasJr)

Earlier this year, we got a look at something unusual: the results of an internal investigation conducted by Harvard Business School that concluded one of its star faculty members had committed research misconduct. Normally, these reports are kept confidential, leaving questions regarding the methods and extent of data manipulations.

But in this case, the report became public because the researcher had filed a lawsuit that alleged defamation on the part of the team of data detectives that had first identified potential cases of fabricated data, as well as Harvard Business School itself. Now, the court has ruled on motions to dismiss the case. While the suit against Harvard will go on, the court has ruled that evidence-backed conclusions regarding fabricated data cannot constitute defamation—which is probably a very good thing for science.

Data and defamation

The researchers who had been sued, Uri Simonsohn, Leif Nelson, and Joe Simmons, run a blog called Data Colada where, among other things, they note cases of suspicious-looking data in the behavioral sciences. As we detailed in our earlier coverage, they published a series of blog posts describing an apparent case of fabricated data in four different papers published by the high-profile researcher Francesca Gino, a professor at Harvard Business School.

Enlarge (credit: Bernhardt Lang)

On Friday, the US Court of Appeals for the DC Circuit denied a request to put a hold on recently formulated rules that would limit carbon emissions made by fossil fuel power plants. The request, made as part of a case that sees 25 states squaring off against the EPA, would have put the federal government's plan on hold while the case continued. Instead, the EPA will be allowed to continue the process of putting its rules into effect, and the larger case will be heard under an accelerated schedule.

Here we go again

The EPA's efforts to regulate carbon emissions from power plants go back all the way to the second Bush administration, when a group of states successfully sued the EPA to force it to regulate greenhouse gas emissions. This led to a formal endangerment finding regarding greenhouse gases during the Obama administration, something that remained unchallenged even during Donald Trump's term in office.

Obama tried to regulate emissions through the Clean Power Plan, but his second term came to an end before this plan had cleared court hurdles, allowing the Trump administration to formulate a replacement that did far less than the Clean Power Plan. This took place against a backdrop of accelerated displacement of coal by natural gas and renewables that had already surpassed the changes envisioned under the Clean Power Plan.