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April 15, 2014 by Rena Steinzor

What's Good Enough for General Motors…

It’s hard to find someone who is not appalled at the news that General Motors knew the ignition switches on some 2.6 million of its automobiles were defective and yet did nothing to fix the problem, instead recommending that its customers stop using keychains.  It also lied repeatedly to its regulator, the National Highway Traffic Safety Administration (NHTSA), the media, and its customers. The company’s deliberate lies saved about 90 cents per car, but the defect, apparent for many years, cost lives. So far, GM admits to 13 deaths caused by the sudden failure of the ignition switches, shutting down the cars’ electrical systems, and with it, power brakes, power steering, and airbags.  But judging from the number of people who have filed lawsuits, the death toll could climb much higher, not to mention the non-fatal accidents caused by the problem, conveniently ignored by GM.

The outrage here is quite appropriate. After all, in order to save a little more than $2.3 million (90 cents times 2.6 million cars, that is), a company that reported a profit of $3.8 billion last year risked the lives of millions of customers — and then lost its stingy …

April 14, 2014 by Rena Steinzor
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Since the year began, the Environmental Protection Agency has resolved enforcement actions against 12 different companies in the Chesapeake region for failure to comply with environmental laws.  In one case, EPA found that the U.S. Army had failed to inspect more than a dozen underground tanks at one of its Virginia military bases containing hundreds of thousands of gallons of jet fuel, diesel fuel, and gasoline.  A D.C. hospital was not properly checking for carbon monoxide leaks.  A solvent processing facility in Cockeysville, Maryland, was storing industrial waste in a room with a leaky floor.

The Army paid $41,000; the hospital forked over $15,000; the solvent processing facility was out $80,650.  Collectively, the 12 settlements amounted to nearly $325,000 in penalties.  Compared with the $5.15 billion the Texas oil company Anadarko Petroleum Corp. agreed to pay this month for a …

April 9, 2014 by Erin Kesler
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Yesterday, The Hill published an opinion piece by CPR scholars Christine Klein and Sandra Zellmer.

According to the piece:

President Obama recently signed a controversial bill that will directly affect the safety of millions of Americans. The fine print is so complicated, though, that it’s hard to predict exactly how our safety will be affected.

Some say that the Homeowner Flood Insurance Affordability Act of 2014 brings desperately needed relief to property owners who face ruinous increases in their premiums for federal flood insurance. To supporters like Senator Schumer (D-N.Y.), the law preserves the American dream of homeownership from ill-conceived intervention by “an irrational Washington force.”

Others see the new law as election-year pandering and a cowardly reversal of course. Just two years ago, Congress passed the Biggert-Waters Flood Insurance Reform Act of 2012 in direct response to catastrophic damage from Superstorm Sandy. The 2012 …

April 9, 2014 by James Goodwin
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This week the Office of Information and Regulatory Affairs (OIRA)—the obscure White House Office charged with reviewing and approving agencies’ regulations—took an important and much-appreciated step in the direction of greater transparency by updating and improving its electronic database of lobbying meetings records that the agency holds with outside groups concerning the rules undergoing review.  As detailed in a 2011 CPR report, corporate interests have long used OIRA as a court of last resort for seeking relief from regulatory requirements they find inconvenient; these lobbying meetings provide them with a powerful and secretive forum in which to push for substantive changes to critical agency safeguards that would ensure the public continues to bear the cost of their polluting activities.  With the improved database, the public, policymakers, and the media will be better able to track the efforts of corporate interests to exploit the OIRA review …

April 3, 2014 by Erin Kesler
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Today, CPR Senior Policy Analyst Matthew Shudtz will be testifying at OSHA’s hearing on the proposed silica rule.

According to Shudtz:

The testimony raises some concerns about how OSHA arrived at its proposal to provide limited medical surveillance for silica-exposed workers.  It also covers issues related to enforcement and small business impacts.  But most importantly, the testimony reiterates the need to get this rule finalized quickly.  As we have noted many times in this space, millions of workers are exposed to silica dust at levels that cause high rates of silicosis, lung cancer, renal disease, COPD, and other health problems.  The faster this rule is put in place and enforced, the faster these workers will be able to breath safer air.

To read the testimony in full click here.

April 2, 2014 by James Goodwin
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Yesterday, 13 Member Scholars of the Center for Progressive Reform (CPR) sent a letter to the U.S. Senate expressing their concern about S.J. Res. 30, a Congressional Review Act (CRA) “resolution of disapproval” introduced by Senate Minority Leader Mitch McConnell (R-KY) that seeks to block the Environmental Protection Agency’s (EPA) proposed Clean Air Act New Source Performance Standard (NSPS) to limit greenhouse gas emissions from future fossil-fueled power plants. Drawing on their many years experience in administrative law, the Member Scholars make the case that McConnell’s proposal is at odds with the CRA, because it seeks disapproval not of a final regulation, but of a regulation that has merely been proposed.  “By attempting to subject a proposed rule—as opposed to a final rule—to this process,” they write, “S.J. Res. 30 is contrary to the statutory language and could raise questions …

April 1, 2014 by Rena Steinzor
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Maryland faces an important deadline in its long-running effort to clean up the Chesapeake Bay. By 2017, the state is required to implement specific measures to reduce the massive quantities of nutrient pollution that now flow into the Bay from agriculture, sewage treatment plants, power plants, factories, golf courses, and lawns. Gov. Martin O’Malley and the other Bay State governors know we’re going to have to make some demands on polluters to get the job done. But if the new Bay Watershed Agreement is any indication, the politicians lack the stomach for it.

For years, the Bay states have collaborated their way to nowhere, inking joint agreements that resulted in very little actual progress. Then the Obama EPA stepped up to the plate, issuing a Total Maximum Daily Load (TMDL), or pollution diet for the Bay. Under its terms, by 2017, the six Bay states …

March 26, 2014 by Frank Ackerman
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Rhode Island has recently learned that its renewable energy standards could be ruinously expensive. But they’re in good company: more than a dozen states have “learned” the same thing, from reports from the same economists at the Beacon Hill Institute (BHI).

Housed at Boston’s Suffolk University, BHI turns out study after study for right-wing, anti-government groups. Funding for BHI’s relentless efforts has come from Charles and David Koch (leading tea party funders) and others on the same wavelength. For the Rhode Island study, BHI teamed up with the Rhode Island Center for Freedom & Prosperity, a member of the Koch’s State Policy Network.

While BHI’s name and location place it close to the Massachusetts state government, it is philosophically a different beacon on a different hill. Last year BHI requested a grant from the Searle Freedom Trust, aimed at undermining the Regional …

March 26, 2014 by
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I’ve been in Bangalore, India for about two months on a Fulbright fellowship to study Indian environmental law.  While I knew India has major problems with air pollution and sanitation, I didn’t expect that one of the major environmental controversies here would be about greening the idol industry.  Apparently, the gods in India can wreak havoc on the environment.

Each year, Indians sink millions of idols in rivers and lakes to celebrate various festivals.   The biggest festival for idol sinking is Ganesh Chaturthi, held each August or September in honor of the elephant god Ganesh.  Hindus sink Ganesh idols for a variety of reasons, including purifying the home, casting away misfortune, and returning the God to the earth.   

The problem is that most of the idols are made of plaster of Paris and are decorated with brightly colored paints that contain dyes and heavy metals …

March 19, 2014 by James Goodwin
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For years, Duke Energy has enjoyed virtual free rein to contaminate North Carolina’s surface and ground waters with arsenic, lead, selenium, and all of the other toxic ingredients in its coal ash waste in clear violation of the Clean Water Act and other federal environmental laws.  And it seems that both North Carolina’s regulators and state legislators are determined to keep it that way.

Last year, the state’s environmental agency actively thwarted citizens’ efforts to sue Duke for violating the Clean Water Act by intervening in the lawsuit at the last minute and then settling with the company for just over $99,000—chump change for a company worth more than $50 billion—and no obligations to clean up their coal ash waste sites or prevent future pollution.  As detailed previously on CPRBlog, the head of the state’s environmental department—appointed by Gov …

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