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Aug. 25, 2009 by Rena Steinzor

Obama EPA Takes Strike One on Atrazine

The publication of in-depth investigative reporting on complex regulatory issues is a phenomenon that has become as rare as hen’s teeth, and I greeted the front-page story in Sunday's New York Times on the perils posed by atrazine with a big cheer. Unfortunately, despite reporter Charles Duhigg’s best efforts, the response of Environmental Protection Agency (EPA) spokespeople and other commentators garbled the issue substantially. What the story revealed is that even on this mammoth and controversial environmental problem, Obama’s EPA has not yet made plans to defuse the booby traps set up by the Bush Administration. It also left the unfortunate impression that experts think that it’s a reasonable public health policy to tell pregnant women to stop drinking tap water to protect their babies from atrazine “spikes.” This mindset that it is up to consumers to protect themselves by avoiding contaminated food, water, and even outside air is another tragic legacy of the Bush Administration and it should have vanished from the policymaking arena yesterday.

It’s too soon to condemn an underfunded and understaffed EPA for failing to beat a very tenacious industry team headed by Syngenta, the leading manufacturer of atrazine …

Aug. 24, 2009 by Holly Doremus
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This item cross-posted by permission from Legal Planet.

Atrazine is suddenly very much in the news. Sunday’s New York Times features a major story about whether the EPA’s current standard for acceptable levels of atrazine in drinking water is tight enough to protect human health. Yesterday’s Peoria Journal carried a story about a class action lawsuit filed in Illinois state court against Syngenta, the primary manufacturer of atrazine. And NRDC has just issued a report accusing EPA of ignoring the atrazine problem (summary here, full text here).

Atrazine is a herbicide commonly used to keep corn fields, lawns, and golf courses free of broad-leaved weeds. It is reportedly the most widely used herbicide in the United States and, correspondingly, the most commonly detected pesticide in U.S. waters. EPA regulates atrazine under two laws, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the …

Aug. 21, 2009 by Rena Steinzor
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Sen. Charles Grassley (R-IA), of late in the news for his role as power player in the health care debate, has long enjoyed a reputation as a Republican maverick. One reason for that reputation is his highly publicized crusade to improve ethics in the medical profession, specifically with respect to “ghost writing” of medical journal articles. In recent years, it’s become disturbingly common for pharmaceutical companies to hire public relations firms to write summaries of scientific research supporting their products and then pay hefty fees to high-profile academic researchers who sign the drafts and submit them for publication without disclosing their affiliation with their corporate sponsors.

Grassley’s campaign was first featured on the front page of the New York Times in June 2008, with an exposé on a Harvard child psychiatrist who failed to disclose the money he earned from manufacturers of antipsychotic medicines for …

Aug. 20, 2009 by Catherine O'Neill
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The United States Geological Survey (USGS) issued a report today finding widespread mercury contamination in U.S. streams. The USGS found methylmercury in every fish that it sampled – an extraordinary indictment of the health of our nation’s waters. The USGS reported that the fish at 27% of the sites contain mercury at levels exceeding the criterion for the protection of humans who consume an average amount of fish, as established by the U.S. Environmental Protection Agency. But EPA’s criterion grossly understates the risk to those people whose fish consumption practices differ from those of the “average American,” particularly members of the various fishing tribes, Asian-Americans, and those hailing from the Pacific or Caribbean Islands. Whereas EPA’s criterion is based on the assumption that people eat 17.5 grams per day of fish – about one fish meal every two weeks, on average – people in …

Aug. 19, 2009 by Matt Shudtz
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On Monday, the big news out of FDA was the announcement that they’re going to publish a new assessment of the risks posed by BPA in food packaging, due out by the end of November. Jesse Goodman, FDA’s Chief Scientist, made the announcement at a meeting of the agency’s Science Board, which also heard two presentations by scientists from different offices within FDA working on the new assessment.

Last year, FDA formed a task force to assess the risks of BPA and the task force quickly concluded that “there is a large body of evidence that indicates that FDA-regulated products containing BPA currently on the market are safe and that exposure levels to BPA from food contact materials, including for infants and children, are below those that may cause health effects.” Given the rapid development of new studies on BPA in the diet, it …

Aug. 18, 2009 by Ben Somberg
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If you haven't caught it yet, Mother Jones magazine's cover article on Fiji Water, by Anna Lenzer, is an impressive, provocative bit of reporting ("How did a plastic water bottle, imported from a military dictatorship thousands of miles away, become the epitome of cool?"). Fiji responded, and Lenzer responds to that.

Aug. 17, 2009 by Holly Doremus
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This item cross-posted by permission from Legal Planet.

In April, Interior Secretary Ken Salazar asked a federal court to vacate a last-minute Bush administration rule relaxing stream buffer zone requirements for dumping waste from mountaintop removal mining. Salazar said that the rule didn’t pass the smell test, and that it had been improperly issued without ESA consultation. Environmental groups which had challenged the rule welcomed Salazar’s announcement, but the National Mining Association, which had intervened in support of the rule, vigorously opposed it. Wednesday, Judge Henry Kennedy of the federal district court in Washington, D.C., denied  Salazar’s motion. Where no court has ruled on the merits, he said, an agency cannot unilaterally repeal a rule without going through the normal notice and comment procedure required by the Administrative Procedure Act.

The ruling is frustrating for opponents of mountaintop removal mining, who are convinced …

Aug. 15, 2009 by Ben Somberg
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At Netroots Nation, the annual liberal blogger conference, organizations, candidates, and of course bloggers get together to talk. It's informal. North Carolina's Rep. Brad Miller, among several electeds at the conference, was sporting jeans by Friday.

The focus among the environmental folks, not surprisingly, is climate change. The enviros here have qualms with the Waxman-Markey bill, but most are in the mindset of trying to get a Senate bill passed.

Speaking on a panel Friday, Rep. Jay Inslee, of Washington, expressed some optimism. He said that he, along with fellow Energy and Commerce Committee members Markey and Boucher, had met with a group of 14 "moderate" Senators, and: "I've never seen this happen before ... There were members of the U.S. Senate actually listening to members of the U.S. House." He said these Senators were, as the saying goes, looking for ways to …

Aug. 14, 2009 by Rena Steinzor
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By now, followers of the controversy over the appointment of Cass Sunstein to serve as Obama Administration “regulatory czar” can do little but shake their heads in astonishment. The controversy over the Harvard professor’s nomination to OMB’s Office of Information and Regulatory Affairs has taken on a picaresque quality, as one bizarre delay follows another. The latest development in the Sunstein saga is reportedly the placement of another, as-yet unidentified senatorial hold on the nomination, perhaps at the behest of cattle rancher and National Rifle Association interests, with Majority Leader Harry Reid promising to take steps in September to release the nominee from limbo.

Meanwhile, as I have noted before in this space, like other nominees with delayed confirmations, Sunstein appears to be in firm control of his 50-odd person staff at the Office of Information and Regulatory Affairs (OIRA) where he has worked in …

Aug. 13, 2009 by Sidney Shapiro
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This is one of two posts today by CPR member scholars evaluating NY Gov. David Paterson's recent executive order on regulations; see also Rebecca Bratspies' post, "Paterson's Executive Order: Win for Industry, Loss for Public Health and Safety."

Who knew? With his newly announced plan to require New York departments and agencies to look back at proposed and existing regulations, Governor Paterson placed himself squarely in the anti-regulatory tradition of Ronald Reagan, George H.W. Bush, and George W. Bush. Like Governor Paterson, these presidents created a look-back process to identify regulations that they said needed to be reformed. The history of White House look-backs suggest the New York is at a minimum misguided and could well be harmful to New York residents.

Shortly after being elected, President Reagan created the Task Force for Regulatory Relief, headed by then Vice-President George Bush, to create a …

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