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The EPA proposed a selenium standard for fish tissue of 7.9 ppm, which scientists argue is based on a faulty reading of a study by Dennis Lemly. The error involved an incorrect assumption about sample size, leading the EPA to underestimate fish mortality rates. Despite protests from over 90 scientists and a recommendation for a 5.85 ppm limit, the EPA maintained the 7.9 ppm standard in its 2004 draft, potentially benefiting the coal-mining industry at the expense of aquatic ecosystems.

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  • The EPA proposed a selenium standard for fish tissue concentrations of 7.9 ppm, which scientists claim is too high to protect aquatic life and could be devastating to stream ecosystems.
  • The EPA's 7.9 ppm standard resulted from a misinterpretation of a study by U.S. Forest Service toxicologist Dennis Lemly; the EPA incorrectly assumed a constant sample size of 210 fish, which made it appear that fewer fish died at a given selenium level than actually occurred.
  • The proposed standard is criticized for assuming an acceptable mortality rate of 20 percent, whereas the EPA had previously maintained sub-lethal effects of contaminants under 10 percent.
  • Dennis Lemly and four U.S. Department of Interior experts recommended a permissible selenium tissue level of 5.85 ppm, a position supported by at least 90 other scientists and professors.
  • The coal-mining industry attempted to use the misinterpreted Lemly study to encourage West Virginia to adopt weaker selenium standards.

Cite the original document

APA
Union of Concerned Scientists (2004). Selenium Standards Misinterpret Key Research. https://www.ucs.org/resources/attacks-on-science/selenium-standards-misinterpret-key-research
Chicago
Union of Concerned Scientists. Selenium Standards Misinterpret Key Research. 2004. https://www.ucs.org/resources/attacks-on-science/selenium-standards-misinterpret-key-research.
Wikipedia
{{cite report |author=Union of Concerned Scientists |title=Selenium Standards Misinterpret Key Research |date=11 April 2004 |url=https://www.ucs.org/resources/attacks-on-science/selenium-standards-misinterpret-key-research |access-date=23 October 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{unionofconcernedscientists2004selenium, author = {{Union of Concerned Scientists}}, title = {{Selenium Standards Misinterpret Key Research}}, institution = {Union of Concerned Scientists}, year = {2004}, month = apr, url = {https://www.ucs.org/resources/attacks-on-science/selenium-standards-misinterpret-key-research}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }

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