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Dec. 12, 2009 by Matthew Freeman

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Dec. 12, 2009 by Rena Steinzor
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CPR President Rena Steinzor today responded to Maryland Governor Larry Hogan's newly announced regulations for bring the state into compliance with the Clean Water Act requirements with respect to the Chesapeake Bay:

Governor Hogan's revised phosphorus regulations are a disappointment. The principal difference from Governor O'Malley's plan is that they will result in slower compliance with the requirements of the Clean Water Act and more pollution in the Chesapeake Bay. There's no avoiding the need to get pollution from agriculture under control if we're to save the Bay, and no good reason to slow down an already long-delayed effort.

Dec. 12, 2009 by Ben Somberg
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CPR Member Scholar Sidney Shapiro will be on the Leslie Marshall Show at 7:20ET this evening discussing regulatory failures, from the BP oil spill to the Katrina disaster of five years ago, and the lessons learned. The program is syndicated on TalkUSA and

streams live

.

Dec. 12, 2009 by Matt Shudtz
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A coalition of occupational health and safety experts submitted an amicus brief to the National Labor Relations Board (NLRB) last Thursday, urging the Board to reconsider its restrictive definition of “joint employer” for purposes of collective bargaining.  It’s a critical issue for workers as more and more are getting jobs through temp firms, staffing agencies, and other complex employment relationships.  The workers who got your last-minute Father’s Day gift from the Amazon warehouse to your front door, for instance, don’t all get paychecks from Amazon, but they all operate at “Prime” speed because Amazon demands it.

From a health and safety perspective, it’s important that laws like the National Labor Relations Act (NLRA) and the Occupational Safety and Health Act (OSH Act) are interpreted broadly because the remedial purposes of those statutes – to ensure all workers can collectively bargain for better working conditions …

Dec. 12, 2009 by Frank Ackerman
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Dec. 12, 2009 by Holly Doremus
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This posting is reprinted, by permission from Legal Planet.

The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of US endangered species under a predecessor to the current Endangered Species Act. Its population rebounded after DDT was banned in 197Brown Pelican2. By 1985, the pelican had recovered enough to justify delisting along the Atlantic coast. Now the Service has determined that populations are also stable off the Gulf and Pacific Coasts, such that the species as a whole no longer needs the protection of the ESA. Lest that judgment be wrong, the Act requires that the Service monitor the pelican’s status for at least five years after delisting.

The success of …

Dec. 11, 2009 by Rena Steinzor
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Dear Cass:

As you know, we picked a spat with the Office of Information and Regulatory Affairs (OIRA) last week over Randy Lutter’s supposedly temporary detail appointment to your office. It’s not the first time we’ve criticized the workings of OIRA, and almost certainly won’t be the last. 

I’ve spoken to a number of people in the media and elsewhere who have expressed surprise that progressive organizations like CPR are such relentless critics of a progressive Administration. I’m sure Administration officials feel this frustration as well. That dynamic is at work in OIRA’s case because you have a reputation as a progressive thinker on many issues.

I won’t try to speak for all progressives, but I can assure you that very few of us criticize the Administration lightly. Nor do we do it with any sense of pleasure. The …

Dec. 11, 2009 by David Hunter
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As the first week of formal negotiations at the Copenhagen Climate Summit comes to a close, the United States and China are exchanging barbs and little progress is being made … but behind the scene many negotiators remain confident that at least some form of a political agreement can be reached that will move global climate governance significantly forward.

Beginning on Sunday I will join fellow CPR Member Victor Flatt (see his preview on offsets and adaptation) as a credentialed non-governmental observer at the Copenhagen negotiations. I and six of my students from the American University Washington College of Law will be supporting the work of the Center for International Environmental Law and the Climate Law Policy Project, as well as other organizations. We will be looking at issues relating to the future financial architecture for responding to climate change; the reduction of emissions from deforestation and forest …

Dec. 10, 2009 by Ben Somberg
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The below item is written by Celeste Monforton and cross-posted from The Pump Handle.

The first regulatory agenda under OIRA chief Cass Sunstein was published Monday in the Federal Register (link to its 237 pages.)  The document includes a narrative of Labor Secretary Solis’ vision for worker health and safety, mentioning these specific hazards: crystalline silica, beryllium, coal dust, airborne infectious agents, diacetyl, cranes and dams for mine waste.   The document purports to “demonstrate a renewed commitment to worker health,” yet the meat of the agenda tells a different story for particular long-recognized occupational health hazards.

Take, for example, MSHA’s entry on respirable coal mine dust, a pervasive hazard associated with reduced lung function, chronic bronchitis, emphysema, progressive massive fibrosis, and more.  Despite an announcement last week by Labor Secretary Solis and MSHA Asst. Secretary Joe Main saying they want to “end new cases of black …

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