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June 27, 2013 by Erin Kesler

CPR President Rena Steinzor: Toxic chemical bill trumps state rights

Yesterday,  The Hill published an opinion piece by Center for Progressive Reform President Rena Steinzor.

The piece, entitled, "Toxic chemical bill trumps state rights" can be read here.

Steinzor writes:

We read with dismay… the drastic provisions of legislation authored by Sens. David Vitter (R-La.) and the late Frank Lautenberg (D-N.J.) deceptively entitled the Chemical Safety “Improvement” Act.  This misguided effort to reform the Toxic Substances Control Act (TSCA, pronounced TOSCA like the opera) would make all federal rulemaking “determinative” of toxic chemical exposure limits, thereby freezing in their tracks state efforts to pass standards that are more stringent than what the beleaguered Environmental Protection Agency (EPA) has managed to cough up.  Never mind that certain kinds of chemical pollution are far worse in some states than they are at the national level, and forget the notion that democracy is strongest when citizens are closer to government.   States would be forced to stand down, to the grave detriment of public health.

 

 

June 25, 2013 by Lisa Heinzerling
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At a speech this afternoon at Georgetown University, President Obama outlined a series of aggressive steps aimed at curbing greenhouse gas emissions and preparing the nation to adapt to the now unavoidable effects of climate change. Center for Progressive Reform Member Scholar Lisa Heinzerling issued the following reaction:

The President’s speech offered exactly what many of us have been waiting to hear from him: A solid commitment to use the tools available to the EPA to finally get the federal government out of slow gear on climate change. In particular, by extending emissions limits to existing power plants, he’s taking dead aim at the most severe environmental problem facing the planet. Protests from industry and its allies on the Hill overlook an important reality: The Clean Air Act already gives the EPA authority to adopt such rules, and the Supreme Court has so ruled.

Heinzerling …

June 24, 2013 by Erin Kesler
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Is the annual cost of federal regulation really $1.75 trillion?  Do regulations really hinder job creation and economic growth? Is it true that agencies are free to issue costly regulations without legal authority or political accountability? These are just some of the myths spread by supporters of legislation to further weaken the ability of protector agencies, such as the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Occupational Safety and Health Administration (OSHA), to carry out their congressionally mandated mission of safeguarding the public.

The subject will be explored in detail at a congressional briefing on June 25, organized by the Center for Progressive Reform and the Coalition for Sensible Safeguards, and is hosted by Reps. John Conyers (D-MI) and Steve Cohen (D-TN). The briefing is open to the media.

What: Congressional Briefing: Anti-Regulatory Myths: What Regulatory Critics Don't Tell You …

June 21, 2013 by Michael Patoka
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About 15 percent of all foods we consume are imported. Looking at some particular categories, the numbers are far more striking: imports make up 91 percent of our seafood, 60 percent of our fruits and vegetables, and 61 percent of our honey. Most of these imports come from developing countries that lack any effective health and safety regulation—like China, which has had a seemingly endless run of food safety scandals and yet supplies 50 percent of our apple juice, 80 percent of our tilapia, and 31 percent of our garlic.

Unsanitary practices in these countries are well-documented: Vietnamese farmers are known to send shrimp to America in tubs of ice made from bacteria-infested water; and Mexican laborers are often given filthy bathrooms and no place to wash their hands before gathering onions and grape tomatoes for export. Despite the obvious risks of adulteration and contamination, the …

June 20, 2013 by Matt Shudtz
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Hot on the heels of a USDA Inspector General’s report that highlights the failings of privatizing pork inspection, the House yesterday approved an amendment to the Farm Bill that pressures USDA to institute the same type of system in the poultry slaughter industry.  The poultry rule, which we’ve written about in this space before, is not yet in final form, but the poultry industry and its supporters are pushing it in that direction.  The Inspector General’s report adds to the growing list of reasons why the USDA should scrap the proposed poultry rule and come up with a better way to modernize food safety inspection programs.

The USDA Inspector General reviewed a 15 year-old pilot program in which swine slaughter facilities were granted waivers from current regulations, plant employees were given the responsibility of certain inspection tasks, USDA inspectors were moved off of the …

June 19, 2013 by Christine Klein
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It’s been more than 30 years since the U.S. Supreme Court declared that water is an article of commerce and that Nebraska’s attempts to prevent the export of “its” groundwater to neighboring Colorado violated the dormant Commerce Clause.1 The high Court did not return directly to the issue until last week’s ruling in Tarrant Regional Water District v. Herrmann.2 3 This time, a unanimous Court ruled againt the would-be exporter--Texas--and its effort to diver a portion of the Kiamichi River from a point within neighboring Oklahoma..

The Court struck a blow to one of Texas’ largest water districts, which supplies the exploding populations of the state’s north central region including Fort Worth, Arlington, and Mansfield.4 The ruling thwarted Tarrant’s attempt to obtain a permit from the Oklahoma Water Resources Board to divert 310,000 acre-feet from the relatively …

June 18, 2013 by Rena Steinzor
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Later in this space, we plan to discuss the many and varied failings of a proposal in the Senate to reform the Toxic Substances Control Act. Unfortunately, the proposal is the joint work product of conservative Sen. David Vitter (R-LA) and liberal Sen. Frank Lautenberg (D-NJ), who died two weeks ago and therefore won’t have the chance to fix the legislation that is so unworthy of his name.

But before we take on that misguided proposal, we wanted to pay tribute to the Senator’s larger legacy. Frank Lautenberg was a tireless advocate for progressive causes, who played a key role in many of the environmental and health battles of the last three decades. He was a relentless and effective advocate for the people of the “Garden” state, which in addition to its reputation for farming on lush land, also holds the tragic distinction of hosting …

June 14, 2013 by Sandra Zellmer
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The 2013 Water Resources Development Act (WRDA), as adopted by the Senate on May 13, S.601, would authorize $12 billion in federal spending on flood protection, dam and levee projects, and port improvements.  A new version of WRDA is passed every few years, and it is the primary vehicle for authorizing U.S. Army Corps of Engineers’ water projects and for implementing changes with respect to the Corps’ water resource policies.

S.601 contains several notable provisions, not the least of which is the so-called “States’ Water Rights Act” Amendment.  This amendment would bar the Corps from charging a storage fee for “surplus water” drawn from Missouri River reservoirs.  For the purposes of Section 6 of the 1944 Flood Control Act, which governs Missouri River operations, “surplus water” is defined as water stored in a Corps of Engineers reservoir that is not required because the congressionally …

June 13, 2013 by James Goodwin
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Yesterday's confirmation hearing for Dr. Howard Shelanski—President Barack Obama’s nominee to serve as the next “Regulatory Czar,” or Administrator of the White House Office of Information and Regulatory Affairs (OIRA)—may have been the “most important hearing in Washington this week,” but it did not produce much in the way of bombshells or drama.  Rather, it was a relatively staid affair, which at times had a distinct “going through the motions” vibe.

On the positive side, the hearing generated some good discussion about the problems associated with OIRA’s role in the rulemaking process.  Several of the questions posed by Chairman Carper (D-DE) and Senator Levin (D-MI) were very thoughtful. Senator Levin described the excessive rule delays at OIRA as “chronic” and asked what the nominee would do to address them.  He also touched on the problems of extending OIRA review to independent regulatory …

June 11, 2013 by Sidney Shapiro
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The confirmation hearing for Howard Shelanski, President Obama’s pick to serve as the Administrator of the White House Office of Information and Regulatory Affairs (OIRA) is set to take place Wednesday before the Senate Homeland Security and Government Affairs Committee.  If confirmed, Shelanski would become the Administration’s new “Regulatory Czar,” a description that indicates the significant influence OIRA’s administrator has concerning what agency rules look like and, indeed, whether those rules are issued at all.

Shelanski’s confirmation hearing comes at a crucial juncture in the Obama presidency. Progress on many important rules has been halted, including the EPA’ rule to limit greenhouse gas emissions from future power plants. Of the 139 reviews currently pending at OIRA, 71 are beyond the 90-day limit set by Executive Order 12866. A number of rules have been under review for a year or even two years.  If …

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