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Nov. 20, 2015 by James Goodwin

Fall 2015 Regulatory Agenda is Out; Clock is Ticking

Opponents of safeguards are fond of decrying what they claim is a regulatory system out of control, churning out rules at a break-neck pace.  It’s not difficult to refute  this claim when the president releases the twice-annual regulatory agenda, which spells out all the active rulemakings that are currently pending and the expected timetables for making progress on those rules that agencies expect to make over the next 12 months.  Sure enough, time and time again the semiannual regulatory agenda demonstrate that most facets of the regulatory system are moving along at a snail’s pace, the victims of politics, under-funded agencies, and a rulemaking process that favors industry.

By comparing the expected timetables in this regulatory agenda against those from the most recent one in Spring 2015, one can see how the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and other agencies are falling further and further behind on completing crucial new safeguards.  In some cases, the rules have been the subject of new delays over the past several regulatory agendas.

A review of the regulatory agendas for several agencies (the EPA; the Department of Energy’s Office of Energy Efficiency and Renewable Energy (DOE …

Nov. 18, 2015 by Evan Isaacson
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Last week the Maryland Court of Appeals heard several hours of oral argument in back to back (to back) cases regarding whether five different municipal stormwater (“MS4”) permits issued by the Maryland Department of the Environment (MDE) complied with the federal Clean Water Act and state water pollution laws. Although divided into separate cases due to their unique procedural histories, the three cases were consolidated into one marathon oral argument due to the substantial overlap of the issues involved. The legal arguments have changed significantly since the first motions and petitions were filed several years ago, with some of the most ambitious legal theories having fallen away. What remains in dispute in these cases are largely procedural, though still crucial, issues regarding how to structure the permits so as to ensure that the permits are enforceable and that the counties are accountable to the public. Basically, the …

Nov. 17, 2015 by Matthew Freeman
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In an op-ed for The Hill, CPR Member Scholar Joel Mintz takes a look at the Trans-Pacific Partnership (TPP), and concludes that it’s insufficiently protective of the environment, the Administration’s assertions notwithstanding.

In his piece, he notes that the TPP “contains no mention whatsoever of what is widely seen as the most pressing threat to the global environment: disruption of the earth’s climate from the release of greenhouse gases.” Indeed, he notes, the TPP could encourage more fracking, thus contributing to greenhouse gas emissions. He goes on to write,

The most potentially damaging threat posed to U.S. environmental laws by the TPP, however, stems from the agreement’s mechanism for the settlement of inter-party disputes: the Investor State Dispute Resolution system (ISDS). This portion of the treaty creates an enormous opportunity for multi-national corporations—acting with the cooperation of friendly nations—to bypass …

Nov. 10, 2015 by Katie Tracy
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A startling new report by Oxfam America reveals just how dangerous it is to work inside a poultry processing plant. The report is packed full of alarming statistics and heart-breaking personal stories from brave workers, exposing an industry that fails to protect workers from well-known hazards and that discourages workers from reporting injuries when they occur.

Despite the underreporting of injuries and illnesses, the poultry industry’s safety record is dismal. According to the Bureau of Labor Statistics, the industry had 4.5 total recordable cases per 100,000 full-time workers in 2013, compared to the national average for private industry of 3.3 total recordable cases. Among the common injuries in the industry, poultry workers suffer a high incidence of musculoskeletal disorders (MSDs), like carpal tunnel syndrome and shoulder injuries, from repetitive and forceful twisting, cutting, and chopping movements.

Recognizing these hazards, the federal Occupational Safety …

Nov. 9, 2015 by Matthew Freeman
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Fostering informed debate about sound regulatory policy to protect health, safety, and the environment is one of the Center for Progressive Reform’s fundamental objectives. Presidential candidates, on the other hand, like to focus on the issues that get them elected, not necessarily the issues that are important.

Unfortunately, the media is increasingly complicit in avoiding genuine issue discussions. Weekend before last, GOP candidate Carly Fiorina appeared on ABC’s Sunday public affairs talk show, “This Week,” and in response to an essentially political question about Paul Ryan from the usually fine ABC journalist Martha Raddatz, Fiorina veered into regulatory policy. Here’s ABC’s transcript:

RADDATZ:  I want to start off with Paul Ryan. He was a congressional staffer, elected to the House at age 28. Is he too much of a Washington insider to change so-called business as usual in Washington?

CARLY FIORINA (R), PRESIDENTIAL …

Nov. 4, 2015 by Daniel Farber
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How Law Schools Serve the Public

Most people probably think of law schools, when they think of them at all, as places that train future lawyers.  That’s true, and it’s important, but law schools do a lot more.  Faculty scholarship makes a difference — law review articles laid the foundation for many of the ideas now guiding judges (both on the Right and the Left).  But I’d like to focus here on another, more recent activity by law schools — the environmental law clinics and research centers that have sprung up in recent years. There are too many of these across the country to describe here.  Instead, I’ll stick to the University of California law schools. Even so, space allows a discussion of only a fraction of their activities.

One key activity is a joint project of Berkeley and UCLA, although it’s housed here …

Oct. 27, 2015 by
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Here in the Chesapeake Bay watershed, polluted runoff from impervious surfaces, such as roofs, driveways, parking lots, and a vast network of roads, is a huge problem.  In fact, while pollution from wastewater treatment plants has decreased significantly since EPA established the Chesapeake Bay Total Maximum Daily Load (TMDL) several years ago, and while overall agricultural pollution has even decreased slightly during that same general period, nitrogen pollution from stormwater has actually increased since 2009. The lack of progress in reducing stormwater pollution stems in part from the failure of state environmental agencies and Region 3 of the Environmental Protection Agency (EPA) to properly enforce the provisions of existing municipal separate storm sewer system (MS4) permits.  However, this month the U.S. Department of Justice along with EPA Region 1 concluded an enforcement action against the Rhode Island Department of Transportation for violations of its stormwater permits …

Oct. 22, 2015 by Daniel Farber
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How to make health and safety a personal priority for industry officials.

According to economists, firms have little reason to take into account the cost of externalities — that is to say, the harms their activities may impose on others. The traditional solutions are damage remedies or taxes to transfer the financial cost to the industry, or regulation to force industries to limit their harmful activities. Why not try a more direct solution? Why not require owners and managers to expose themselves to the same risks?

For instance, we could require managers of nuclear plants, utility officials, and officials of reactor manufacturers to live within a mile of the plant, along with their families. That would enhance the incentive to think of safety.  Similarly, we might require oil company executives and their families to live within a mile of a refinery, so they would experience the same risks …

Oct. 21, 2015 by Erin Kesler
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This morning, CPR Member Scholar and University of Maryland School of Law professor Rena Steinzor testified before the U.S. Senate Committee on Environment and Public Works Subcommittee on Superfund, Waste and Regulatory Oversight for a hearing focused on, "Oversight of Regulatory Impact Analysis for the U.S. Environmental Protection Agency Regulations." 

In her testimony, Steinzor noted the limitations of "Regulatory Impact Analysis," or RIA, which agencies are mandated to conduct on all rules they finalize and measures the rules' "costs and benefits."  When measuring the costs and benefits of EPA rules geared toward protecting the public health, safety and the environment, Steinzor noted that RIA comes up short, asking the Subcommitee members,"What's the cost of preventing an asthma attack?"

However, given EPA's mandate to conduct cost-benefit analysis on all rules she said, "EPA’s work in this area is the gold standard for …

Oct. 19, 2015 by Evan Isaacson
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It’s a staple of the right-wing assault on government that “bloated” government programs, like those intended to protect the environment, are a burden to taxpayers. In my home state of Maryland, the numbers demonstrate otherwise. The percentage of taxpayer dollars spent by the Maryland Department of the Environment (MDE) is tiny and getting tinier.  In 2014, less than one-quarter of 1 percent of the state’s general funds were expended by MDE, a 40-percent reduction in this share since 2004.  In fact, MDE’s general fund budget actually shrank between 2004 and 2014 – not just in inflation-adjusted terms, but in absolute terms – even as the state budget increased by more than 60 percent.  

That’s not to suggest that the state abandoned environmental programs. Over this same period, Maryland created several major new revenue streams, including a Chesapeake Bay Restoration Fund, the Chesapeake and Atlantic Coastal …

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