EPA Chides Polluters for Downplaying Risk From Portland Harbor Superfund Site; Still, Must Honor Fishing Tribes' Rights
In a welcome move, EPA recently took polluters to task for their attempt to downplay the risks to human health and the environment from the Portland Harbor superfund site along the Willamette River in Portland, Oregon (h/t Oregonian for noting the EPA action). As part of the cleanup effort for the site, the polluters, known as the Lower Willamette Group (LWG), had agreed to conduct an assessment of the risks posed by the contaminants there. This risk assessment will serve as the basis for determining vital questions about cleanup at the site, including the degree to which the contaminants will be remediated and the extent to which health risks will actually be reduced. Because the members of the LWG will likely have to foot much of the cleanup bill, it's unsurprising that they sought to lowball the risks to humans and the environment: the lower the risks at a site, the less expansive – and less expensive – a cleanup is likely to be. Any such tendencies are meant to be kept in check by the EPA however, which oversees LWG’s risk assessment and, in the end, sets the standards for the Portland Harbor site. To its credit, EPA …
According to recent statements from the Office of Information and Regulatory Affairs (OIRA) press office, Administrator Cass Sunstein and staff are adamantly committed to granting an audience with OIRA senior staff to anyone who asks to see them about anything, and most especially pending health and safety rules. So not only are special interests granted second, third, fourth, and fifth audiences with OIRA staff after far more qualified political appointees and technical experts at agencies like the Environmental Protection Agency and the Food and Drug Administration have considered but refused to acquiesce to their demands, OIRA imposes no limits on how many times the same interest group—and even the same individual lobbyist—comes to the White House to whine. The most blatant example of this pseudo-transparency-turned-lobbyist-free-for-all is the uncontrolled swarming of special interests with respect to the pending EPA proposal to treat coal ash as a …
According to recent statements from the Office of Information and Regulatory Affairs (OIRA) press office, Administrator Cass Sunstein and staff are adamantly committed to granting an audience with OIRA senior staff to anyone who asks to see them about anything, and most especially pending health and safety rules. So not only are special interests granted second, third, fourth, and fifth audiences with OIRA staff after far more qualified political appointees and technical experts at agencies like the Environmental Protection Agency and the Food and Drug Administration have considered but refused to acquiesce to their demands, OIRA imposes no limits on how many times the same interest group—and even the same individual lobbyist—comes to the White House to whine. The most blatant example of this pseudo-transparency-turned-lobbyist-free-for-all is the uncontrolled swarming of special interests with respect to the pending EPA proposal to treat coal ash as a …
CPR today releases the white paper Workers at Risk: Regulatory Dysfunction at OSHA (press release).
The report examines an Occupational Safety and Health Administration where
Today its enforcement staff is stretched thin and the rulemaking staff struggle to produce health and safety standards that can withstand industry legal challenges. In short, OSHA is a picture of regulatory dysfunction.
The new leadership of the agency has
... inherited a resource-starved agency operating under a statute that has been enfeebled by 30 years of troubling appellate court decisions and White House initiatives that substantially increase the time and effort needed to implement a proactive regulatory agenda.
The CPR scholars propose remedies including:
- End the practice of regularly discounting penalties before they’re even proposed.
- Publish all negotiated settlement proposals for public comment.
- Conduct a rigorous analysis of what resources would be required to make the OSHA inspection program a credible …
In a letter today, CPR President Rena Steinzor and board member Sidney Shapiro recommend to Congress questions it should investigate to get to the bottom of the Toyota accelerator/recall matter that's all over the news. The letter focuses in particular on the role of the National Highway Traffic Safety Administration (NHTSA), and examines the agency's shortcomings in achieving its mission to protect public safety.
To be clear, the Toyota case is about much more than engineering failure. It is a massive regulatory failure. One challenge confronting Congress is to determine how and why NHTSA failed to contain this problem after reports of safety failures began to surface several years ago. Did NHTSA lack sufficient statutory authority? Are its procedures too cumbersome to allow it to protect consumers in such instances?
The letter was sent to Rep. Edolphus Towns, chair of the House Committee on …
Cross-posted from Legal Planet.
The US Fish and Wildlife Service has completed its review of the status of the cute little American pika. The verdict is good news for the pika, at least as far as it goes and if FWS is right about the science. FWS has decided that the pika is not endangered or threatened because, according to FWS biologists, the pika is not as vulnerable to the impacts of climate change as has been believed. Unfortunately, the explanation FWS offers is not very persuasive.
Global warming threatens the pika in two different ways. Pikas are prone to overheating; they can die if exposed to temperatures as mild as 77°F (25°C) for several hours. Hiding under and between the rocks in a talus field helps them keep cool, but if air temperatures get too hot, even those refuges won’t be cool enough …
After laying dormant for decades, industries’ abuse of EPA’s permissive confidential business information program (CBI) is finally getting some serious attention. An investigation in the Milwaukee Journal Sentinel, and more recently articles in the Washington Post and Risk Policy Report; a report by the Environmental Working Group; and posts by Richard Denison at EDF, are turning the tide. Those of us at CPR who have spilled ink on various CBI problems over the years (i.e., Mary Lyndon, Tom McGarity, Sid Shapiro, Rena Steinzor, and myself) are thrilled to witness how these journalists and environmental watchdogs have finally managed to budge EPA on its contemptible program.
One document that has been referenced in several recent reports, but that I think deserves further attention, is an extensive empirical study of EPA’s CBI program by a consultant, Hampshire Associates. EPA commissioned this study in 1992 to evaluate …
This week the White House Office of Management and Budget (OMB) released its annual report to Congress on the costs and benefits of federal regulatory programs. For the policy wonks among us, the most intriguing part was a section on recommendations for reform of the OMB regulatory review process. Here we find hints of what might result from President Obama’s long-awaited overhaul of the executive order on regulatory impact analysis. Cass Sunstein – an eminent legal scholar and now head of the Office of Information and Regulatory Affairs (OIRA) within OMB – has written prolifically and powerfully on this subject and observers expect that the new executive order will bear his unmistakable imprint, shaking up what has been a long-calcified debate on the role of cost-benefit analysis in federal policymaking. If OMB’s annual report is any indication, they won’t be disappointed.
From Nudges to Shoves
OMB …
Cross-posted from Legal Planet.
The National Oceanic and Atmospheric Administration has existed since 1970, but it has never had the direct imprimatur of Congress. According to Congressional Daily, Rep. Bart Gordon (D-TN), chair of the House Committee on Science and Technology has announced that an organic act for NOAA is one of his committee’s priorities for this year. NOAA authorization has been proposed many times over the past 40 years. Its time to finally get it done.
Why does it matter? NOAA’s existence does not depend on Congressional authorization, nor would an organic act necessarily change its substantive authority. But it could strengthen NOAA’s hand within the Department of Commerce, reinforce its environmental protection and science mission, and help attract and retain employees dedicated to that mission.
NOAA was created in 1970 by President Richard Nixon, through a document known as Reorganization Plan No …
Eighty percent of the toys sold in the United States are manufactured abroad, the vast majority in China. Because China has no effective regulatory structure, these imports are notoriously dangerous for children. The most prominent example is toys coated with lead paint, made that way because in China, lead paint is actually cheaper than the safe variety because the Chinese have increased the mining of lead ore by 50 percent since 2001. (Let’s not even imagine what Chinese manufacturers are selling to their own people). But it’s not just lead-laden toys. Independent investigations also discovered that Chinese manufacturers were using a chemical coating on tiny glue dots sold as part of a craft set for young kids that metabolized into the date rape drug gamma hydroxyl butyrate by kids who ate them. Some did, and ended up in the hospital. And just this Christmas, scientists …
