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Sept. 25, 2018 by Katie Tracy

Mesothelioma Awareness Day 2018

September 26 is Mesothelioma Awareness Day. The day is intended to share information about mesothelioma, an incurable cancer that forms on the linings of vital organs, typically the lungs, following asbestos exposure. While the prognosis for individuals diagnosed with the illness is grim, preventing it is very much possible. 

Scientific studies of asbestos conclude there is no safe level of exposure. Accordingly, the clear solution to preventing mesothelioma is to ensure people are never exposed to asbestos in any amount. Safer alternatives to asbestos exist, so banning it is not beyond reach. Despite this, the U.S. is not among roughly 50 nations that have done so. Although asbestos is no longer manufactured in the United States, it persists in previously installed insulation and is still being imported every year. 

According to the U.S. Geological Survey, nearly 100 percent of the asbestos imported into the United States in 2017 came from Brazil and was used by the chloralkali industry. However, "an unknown quantity of asbestos was imported within manufactured products, including asbestos containing brake-linings, knitted fabric, rubber sheets for gasket manufacture, and potentially asbestos-cement pipe." In 2018, the U.S. also imported asbestos from Russia, with …

Sept. 25, 2018 by Daniel Farber
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Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission.

Despite noisy political claims to the contrary, the weight of the evidence suggests that regulation has a small impact on the total number of jobs. Still, regulation is bound to have some effect on who has jobs, what kinds of jobs they have, and where those jobs can be found. How much should we care about that?

In a new article, Sidney A. Shapiro and Robert R. M. Verchick argue that environmentalists should devote far more attention to job loss. Their concern about job loss is well taken. Before responding to the issue, however, we need a better understanding of the extent of job loss due to regulation and a clearer map of the resulting types of harms.

To begin, we need to consider three kinds …

Sept. 25, 2018 by John Echeverria
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report.

On October 29, 2012, Hurricane Sandy made landfall on the New Jersey shore, claiming dozens of lives and destroying or damaging more than 300,000 homes. Properties along the shore were especially hard hit, with many oceanfront homes lifted off their foundations and tossed inland. All told, business losses were estimated at more than $30 billion. While no single storm event can be entirely attributed to climate change, Hurricane Sandy is precisely the kind of severe storm event that scientists predict will become more frequent in the era of climate change.

One issue raised by Hurricane Sandy — and the prospect of other, potentially even more severe storms in the future — is how to keep residents and businesses (and their occupants) out of harm’s way. This question in turn implicates …

Sept. 24, 2018 by Sidney Shapiro, Robert Verchick
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Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission.

A green economy will generate thousands of new jobs — many more than will be lost to regulations on carbon pollution. But a green economy may also increase wealth inequality in some parts of the United States because people who lose jobs to carbon controls are not the same as those who will get them when the green economy blooms. For example, the kiln operator laid off from a cement plant in Virginia will probably not end up installing rooftop solar panels New Mexico. And based on the demographics of today's fossil fuel industry, job losses due to environmental regulations will likely affect whites, Hispanics, and African-Americans in significant numbers.

Nevertheless, when regulatory advocates have responded in the past to critics who thunder against "job-killing" regulation, they …

Sept. 24, 2018 by Rebecca Bratspies, Victor Flatt, Sarah Lamdan
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Sarah Lamdan, Professor of Law at CUNY Law School, co-authored this post, which is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report.

This chapter is excerpted from a law review article that is forthcoming in U. Arkansas Law Review, titled "Taking a Page from FDA’s Prescription Medicine Information Rules: Reimagining Environmental Information for Climate Change."

What Happened?

In August 2017, Hurricanes Harvey and Irma hit the southern United States in rapid succession. These massive hurricanes wrought widespread devastation — destroying buildings, flooding neighborhoods, and taking lives. Harvey shattered the national rainfall record for a single storm, dropping more than 50 inches of rain in a 36-hour period. Thousands of stranded Houstonians waded through chest-deep floodwaters. Unbeknownst to them, those residents were wading through more than just water. Many storm victims were in fact wading through a toxic stew. The same …

Sept. 21, 2018 by Joel Mintz
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report.

In August, 2017, Hurricanes Harvey and Irma brought widespread devastation to the southeastern United States, destroying buildings, flooding neighborhoods, and taking lives. Harvey shattered the national rainfall record for a single storm, dropping over 50 inches of rain in a 36-hour period. The Houston area suffered massive flooding, as the U.S. Army Corps of Engineers attempted to balance flooding behind strained older retention dams while releasing water to avoid dam breaches.

However, even before the unprecedented rainfall of Hurricane Harvey, severe problems had been noted at the dams. In 2016, the Army Corps noted that the dams needed repair and that a failure would be catastrophic. The federal government concluded that the dams were in critical condition in 2009. The Army Corps had multiple opportunities to evaluate the state …

Sept. 20, 2018 by Victor Flatt, Joel Mintz
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report.

What Happened

According to the Houston Chronicle, there were more than 100 releases of hazardous substances into land, air, and water during and after Hurricane Harvey. At least one dozen of the Superfund sites listed in or near Houston were flooded during the storm.

On September 3, 2017, the U.S. Environmental Protection Agency (EPA) acknowledged breaches at 13 area Superfund sites. Later in September, the EPA reported that it had recovered 517 containers of potentially toxic hazardous waste from Superfund sites that flooded during Harvey. In its first mention of these releases on September 22, 2017, the agency provided no information as to where the materials had come from, what they were, or how hazardous they were.

More than a month after the hurricane, EPA acknowledged a serious breach …

Sept. 20, 2018 by Laurie Ristino
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Donald Trump has, in a sense, made good on his promise to "drain" Washington, D.C. – but not in the way many people probably thought he would. The exodus from our nation's capital has been made up of the scientists, diplomats, and policy experts that a democracy needs to function, not the high-powered, special interest lobbyists voters likely had in mind. Meanwhile, a raft of grifters has gleefully taken a temporary perch in the executive branch. The ensuing debacles, scandals, and assaults on safeguards and agencies have made it stunningly clear how critical a competent, public interest-focused executive branch is to our country's well-being.

One recent example of Trump's war on federal agencies is Department of Agriculture (USDA) Secretary Sonny Perdue's surprise announcement last month that he planned to reorganize the Economic Research Service (ERS), an independent economic research agency. Perdue's announcement was a shock to ERS …

Sept. 19, 2018 by Victor Flatt
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On August 23, 2017, Texas Governor Greg Abbott declared a state of emergency as Hurricane Harvey approached the Texas Coast. That state of emergency was ultimately expanded to 60 counties in Texas. Emergency declarations in Texas (as in many states and for the federal government) allow the governor to unilaterally suspend specific rules and regulations if they are expected to hinder disaster recovery. The Texas Commission on Environmental Quality (TCEQ) asked Governor Abbott to suspend dozens of environmental rules on August 28, 2017, as Harvey was continuing to pummel Houston and the Texas Gulf Coast area.

The waiver request specified air quality rules related to emission “upset” events as well as monitoring and releases of unpermitted Volatile Organic Compounds. Predictably, the request indicated …

Sept. 18, 2018 by Katie Tracy
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This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report.

Lachlan Brain, a 22-year-old electrical lineman from Tennessee, traveled to Houston following Hurricane Harvey to help with the relief effort, working for T&D Solutions, a company that specializes in maintaining and repairing power lines and related equipment. While working inside a bucket truck on August 25, 2017, Brain leaned across an electrical line, came into contact with a live wire, and was electrocuted. Line personnel and first responders attempted to revive him unsuccessfully, and Brain died.

According to reports, Brain had been eager to travel to Texas for the relief effort. He had become an electrical lineman just a year before, after attending training courses at the Southeast Lineman Training Center in Trenton, Georgia. He felt that working as an electrical lineman was his true calling, according to his …

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