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Feb. 17, 2012 by Rena Steinzor

The Economist Recycles Old Right-Wing Ideas to Gut Public Protections

The Economist’s February 18 edition offers a cover package of five articles on “Over-regulated America” (1, 2, 3, 4, 5). Our British friends want you to know there’s a problem here in the States that needs fixing:

A study for the Small Business Administration, a government body, found that regulations in general add $10,585 in costs per employee. It’s a wonder the jobless rate isn’t even higher than it is.

You can almost feel The Economist’s pain: the jobless rate should be a lot higher than it is, if the premise about the costs of regulations is correct. Surely if the regulatory burden were actually 12 percent of GDP – that’s what the SBA numbers say, if you draw them out – things would be far worse than they are. Ideologically unable to consider the obvious alternative – that regulations don’t add $10,585 in costs per employee, The Economist, just, well, “wonders” aloud.

Here’s what The Economist would have found if they’d dug just a little bit:  Fully 70 percent of the SBA estimate was actually based on a regression analysis using opinion polling data on perceived regulatory climate across countries (in …

Feb. 17, 2012 by Matt Shudtz
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Today EPA released the first part of its long-awaited reassessment of the human health risks posed by 2,3,7,8-tetrachlorodibenzo-p-dioxin, a chemical considered to be the most toxic of the dioxin compounds and the stuff that made Agent Orange so bad for its victims.  It’s bittersweet news: on the one hand, the decades-long stretch between EPA’s first look at dioxin and this document is something we don’t like to see, while on the other, today marks an enormous step forward. The document released today focuses only on non-cancer effects and sets an oral reference dose—the level of exposure below which key health impacts are unlikely to occur.  Past EPA assessments looked only at dioxin’s carcinogenic risks, so it is an important development that today’s release looks at the many other adverse health outcomes that might occur, such as “chloracne, developmental …

Feb. 16, 2012 by Sandra Zellmer
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Last month, President Obama denied TransCanada’s permit application for the Keystone XL pipeline because a congressionally mandated deadline did not allow enough time to evaluate the project once Nebraska completed its analysis for re-routing of the pipeline around the Sand Hills.

A January 26-29 poll from Hart Research Associates found that, after hearing arguments for and against the pipeline, 47% of voters in four Presidential battleground states polled agree with President Obama’s decision while 36% disagree with it.  Yet just this week, the U.S. Senate is considering whether to add language to an unrelated highway authorization bill to force the President to approve the Keystone XL tar sands pipeline

The pipeline rider has the backing of 44 Republicans and one Democrat in the Senate.  Passing it is a bad idea on several levels.  For one thing, riders like this one short-circuit the congressional process …

Feb. 15, 2012 by Joel Mintz
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Two of my CPR Member Scholar colleagues, Nina Mendelson and Holly Doremus have done a first-rate job of previewing and analyzing the oral argument in Sackett v. EPA – a case now awaiting decision by the U.S. Supreme Court.

I fully share Professor Doremus's hope that, even if the case results in a loss for the government,  the Supreme Court's decision in Sackett will not be decided on constitutional grounds and will be limited in its impact to the Clean Water Act. At the same time, however, I am less sanguine than she is about the potential that exists for even a relatively narrow decision to damage EPA's underfunded and overstressed enforcement effort.

It is a little known fact – but it is a fact – that the collective resources of EPA and the states have simply not been able to keep up with the challenges …

Feb. 14, 2012 by Thomas McGarity
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Today marks the first anniversary of an event that received little media attention, but marked a major milestone in the progression of a regulation that is of great importance to thousands of Americans whose jobs bring them into contact with dust particles containing the common mineral silica.  Exactly a year ago today the Occupational Safety and Health Administration (OSHA) completed a proposed rule requiring employers in the mining, manufacturing and construction industries to protect their employees from silica dust particles as they engage in such activities as sandblasting, cutting rocks and concrete, and jackhammering.

Silica dust is no newcomer to the growing list of workplace hazards.  Public health professionals have known for more than one hundred years that exposure to airborne silica dust can cause a debilitating disease caused silicosis. 

In 1929, as the nation entered the Great Depression, hundreds of workers made their way to Gauley …

Feb. 13, 2012 by Robert Verchick
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Last fall, in a speech I gave at an environmental justice event in Los Angeles, I ruffled some feathers with an impromptu line that went something like this:  “Believe it or not, federal environmental statutes say nothing directly about environmental justice.” During the “Q & A” I was challenged by an environmental activist and lawyer who listed various ways that advocates had successfully used federal environmental statutes to address inequalities in many of California’s minority and low-income communities.

I saw immediately that I had not been clear.  For what I meant was that although environmental statutes could be used to further the interests of social justice, the terrain was not landscaped for that purpose. It took activists with imagination and grit to climb the peaks my questioner was talking about.  It took lawyers who could scan the glaciers of the federal code and find a foothold …

Feb. 9, 2012 by Rena Steinzor
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Political scientists have coined the term “bureaucracy bashing” to connote the temptation now rife among national politicians to beat up on the civil service for reasons that have nothing to do with reality.  Ronald Reagan pioneered this art form of disrespecting bureaucrats in the name of downsizing government, even as federal deficit spending on government programs he favored grew to epic proportions.  Ironically, President Obama has lifted the same hammer in an altogether unsuccessful effort to placate the conservative critics who claim the Reagan mantle.  His efforts to pal around with the right-wing are unlikely to win him many friends, and risk undermining the credibility of the government he so badly wants to lead into a second term.

The most recent example of the President’s penchant for bureaucracy bashing was the State of the Union’s “spilled milk” joke, which went over like a lead balloon …

Feb. 7, 2012 by Rena Steinzor
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The debate over whether the government protects people exposed to industrial hazards enough—or whether it engages in ruinous “overregulation”—is only occasionally coherent. Sometimes it’s downright bizarre, and never is it for the faint of heart. Consider the case of kids working on farms. Following a series of gruesome accidents involving teenagers as young as 14 who were smothered in grain elevators or lost legs to giant augers used to shovel crops into storage silos, the Department of Labor (DOL) announced a proposal in September to tighten prohibitions on children doing such dangerous work.  Existing rules have proven shockingly ineffective: the fatality rate for young agricultural workers is four times greater than for their peers in other workplaces.  They were written four decades ago, before many of the machines and methods now commonplace on today’s farms were developed.

The new rules would exempt children …

Feb. 6, 2012 by Matthew Freeman
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In an article in the most recent issue of The Abell Report, the newsletter of The Abell Foundation, CPR President Rena Steinzor and CPR Policy Analysts Aimee Simpson and Yee Huang take a look at what ails the Chesapeake Bay (Spoiler Alert: it involves years of inaction on pollution), and offer up a number of practical steps the state of Maryland could take to make good on its commitments to clean up this most precious of natural resources.

The article draws on a day-long forum CPR co-sponsored this past October with the University of Maryland Francis King Carey School of Law, an event that gathered federal and state officials, as well as leading environmental activists from around the region.

Steinzor, Simpson and Huang make the case that the reason efforts to clean up the Bay have largely failed to date is that the Bay states are fundamentally …

Feb. 3, 2012 by Rena Steinzor
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The White House announced Tuesday a legislative agenda it is sending Congress as part of its Startup America initiative to foster the growth of new businesses.

The White House was under some pressure to do wrong here: the President’s “Jobs Council” – a group mostly of CEOs – issued a report last month that included a perhaps unsurprising pile of old anti-regulatory proposals. And Senators Mark Warner and Jerry Moran were pushing the White House to endorse their bill, the Startup Act, which includes anti-regulatory measures that would weaken our existing environmental, health, and safety laws.

But here’s a bit of good news: the White House didn’t include any anti-regulation measures in the Startup America legislative agenda. The document gives just a polite nod to Warner-Moran:

The Administration looks forward to working with sponsors of similar initiatives including S. 1965 (Warner-Moran), S. 1866 (Coons-Rubio), S. 1544 …

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