Is anybody else getting tired of hearing Obama Administration officials say "sunlight is the best disinfectant?" It was uttered again on Thursday (9/23) when the President's regulatory czar, Cass Sunstein, was speaking at an event hosted by the Small Business Administration. His speech was loaded with all the transparency catch terms: "disclosure," "openness," "sunshine," "open government," "accountability," blah, blah, blah. The rhetoric was annoying to read because I'd been wrestling that week with OIRA's lack of transparency. I've been in the midst of trying to confirm whether representatives of the Chamber of Commerce, National Association of Manufacturers and other industry lobbyists met recently with the reg czar's staff about a pending OSHA rule. Setting aside that these meetings are outside the normal rulemaking procedures and undermine that process, I'm frustrated hearing a lot of talk …
CRE's Proposed Interactive Public Dockets—Tilting the Regulatory Process Further in Industry's Favor
Back in the 1970s, when many of the great environmental, health, and safety statutes were adopted, public interest groups shared an overwhelming optimism that greater public participation held the key to maintaining—and even expanding upon—their successes. All they needed was a seat at the table where decisions are made, and their ideas would ultimately prevail. At first, they were right—public interest groups were able to advance their cause through participation in the regulatory process. But before long, regulated industry discovered that they could beat public interest groups at their own game by using their superior resources. The number of “public input” tables grew, and each increasingly became filled with more and more industry groups, while the seats for public interest groups often go empty. If the public interest groups are able to be present, they are often drowned out.
Once a dream, public participation in the regulatory process has too often become a nightmare for public interest groups. A number of different studies of the regulatory system confirm the extent to which regulated industry is dominating participation in the regulatory process, including for rules aimed at environmental, health, and safety issues. A 2006 study of 40 rules …
CPR Member Scholar Daniel Farber and Richard Frank, both of BerkeleyLaw, have an op-ed in the LA Times today on Proposition 23, the ballot initiative that would suspsend California's climate law, AB 32. They argue:
For California to retreat on the climate issue now would send a defeatist message nationally and worldwide. It's true that other climate measures would remain on the books, but suspending AB 32 would be like benching a football team's quarterback while leaving the other players leaderless on the field.
Over at The Pump Handle, Celeste Monforton looks at federal OSHA's review, issued this week, of the state worker safety programs.
A new CPR white paper today argues that the BP oil spill and its attendant environmental and economic harm were entirely preventable, and indeed, would have been avoided had government regulators over the years been pushed and empowered by determined leadership and given sufficient resources to enforce the law.
The paper, Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible, and How the System Can Be Fixed to Avoid a Recurrence (press release), examines the performance of multiple regulatory agencies, most conspicuously, the Minerals Management Service (MMS), since reorganized and rebranded as the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE).
Among the recommendations:
- Congress should amend the OCSLA to overhaul environmental review procedures, require inter-agency consultation, extend deadlines for review, increase penalties, and create incentives for continual safety innovation.
- The President should request, and Congress should provide, adequate funding for BOEMRE so that it …
Senator Mary Landrieu (D-La.) currently has a hold on Jacob Lew’s confirmation to become the next director of the Office of Management and Budget, and says she won't release it until the Obama Administration ends the moratorium on deepwater oil and gas drilling. She said that while Lew “clearly possesses the expertise necessary to serve…he lacks sufficient concern for the host of economic challenges confronting the Gulf Coast.”
Sen. Landrieu seems to be ignoring the impacts of too hastily allowing oil companies to engage in risky drilling operations – something that came sharply into focus when BP’s Deepwater Horizon oil rig exploded, killing 11 rig workers and spilling an estimated two hundred million gallons of oil into the Gulf. But the impacts of too quickly rushing back into the same inadequate regulatory oversight that contributed to this oil spill don’t seem to factor into …
Cross-posted from The Pump Handle.
In a CPRBlog post on Friday, 9/24, we inadvertantly referred to the Chesapeake Bay Program as the Chesapeake Bay Commission. The Program is a regional partnership of states and the District of Columbia working together to restore the Bay. The Commission is a group of 21 elected officials, appointees and citizen representatives conducting research, policymaking and consensus-building on Bay issues.
There's a big difference between the two entitites, their methods, and their work. It was a simple mistake, but not insignificant. We regret the error. We've corrected the post, here.
This post looks at two recent books by CPR Member Scholars in the context of the BP disaster and other recent regulatory failures:
The People’s Agents and the Battle to Protect the American Public, by Rena Steinzor and Sidney Shapiro
Facing Catastrophe: Environmental Action for a Post-Katrina World, by Robert R. M. Verchick
Does the BP oil spill signify the need for an entirely new conception of the administrative state, one reformulated to meet the global, complex, uncertain, and potentially catastrophic nature of twenty-first century threats to social and ecological well-being? Or does it simply suggest the need to redouble our commitment to environmental, health, and safety laws that are already on the books and that would have prevented the disaster if they had been vigorously enforced?
Two valuable new books shed light on these questions. Both were written before the spill, but both will inevitably …
As expected, the Environmental Protect Agency issued its draft Total Maximum Daily Load (TMDL) for the Chesapeake Bay this afternoon – essentially a cap on total pollution in the Bay, as well as caps on each of 92 separate segments of the Bay. EPA also issued assessments of each of the affected states’ Watershed Implementation Plans (WIPs), evaluating proposals for implementing the TMDL from Delaware, the District of Columbia, Maryland, New York, Pennsylvania, Virginia, and West Virginia.
As I said in this space this morning, the TMDL is a major step forward. Reading through the draft reinforces my view that there’s good reason to hope that, decades from now, we’ll look back on the issuance of the TMDLs as a watershed moment in the protection of the Bay. It’s been a very long road to this point, with a couple decades of false starts. And …
With more than 7,000 miles of coastline and thousands of stream and river miles and lake acres, the Chesapeake Bay is the crown jewel of the region’s natural resource heritage. And its value to the region's economy is immense--$1 trillion according to one frequently cited estimate. But the ecological health of the Bay is tenuous. Primary pollutants are nitrogen, phosphorous, and sediment. These nutrients have accumulated in the Bay to unsustainable levels, contributing to algal blooms and dead zones during the summer months.
For 20 years, a moveable feast of bureaucratic in-fighting known as the Chesapeake Bay Program* has bobbed and weaved, making pretend promises to the public and, for as long as they could get away with it, posing the Bay State governors at annual photo ops with their hair blowing in the wind and their eyes misting in response to their …
