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Feb. 27, 2015 by James Goodwin

More Fun Than Escaped Llamas: House GOP to Hold Yet Another Antiregulatory Hearing

In keeping with an apparent effort to hold an antiregulatory hearing on any and all days ending in “y,” Congressional Republicans have teed up yet another humdinger for Monday, March 2. That’s when the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Administrative law will take a closer look at three more antiregulatory bills that have been recycled from previous congresses, including the Responsibly and Professionally Invigorating Development Act of 2015 (RAPID Act), the Sunshine for Regulatory Decrees and Settlements Act of 2015 (SRDSA), and the Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2015 (SCRUB Act).  And by “take a closer look,” I mean “recite tired free market platitudes en route to their predetermined conclusion that the passage of these three bills is the only way to prevent regulation-induced economic disaster.”

Others and I have written about all three of the bills in the past, so there’s no need to rehash all of the gory details here.  But, in approaching the hearing, a few thoughts are worth keeping in mind on each of these absurd bills:

The SRDSA.  Last week, I blogged about the SRDSA—a bill that its supporters claim is …

Feb. 24, 2015 by Matt Shudtz
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This week, the Maryland General Assembly will review new legislation that could help ensure safer workplaces in the state’s construction industry. The proposal, which is a type of “responsible contracting” legislation similar to other policies being tested out in states and municipalities across the country, would require companies that put in bids for work on public works projects in Maryland to attest that they have workplace health and safety programs and that they would implement the programs in construction projects done on the public dime.

It’s an important piece of legislation, given the dangers in the industry. As we noted in our Winning Safer Workplaces manual,

"Construction is one of the most hazardous industries for workers. Frequent injuries and deaths from falls, electrocutions, and striking objects impose unbearably high costs on individuals, families, and local economies. Public Citizen estimates that, between 2008 and 2010, fatal …

Feb. 24, 2015 by James Goodwin
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A clock hangs in Room 342 of the Dirksen Senate Office Building—the room where tomorrow at 10:00 am the Republican leadership of the Senate Homeland Security and Government Affairs Committee will convene its first antiregulatory circus hearing of the new Congress.  Below that clock, the hearing will play out according to a now-familiar script:  the Republican members will cite vague constituent concerns about the regulatory system harming their families and businesses; the three industry shills invited by the majority will rehash the same tired and unsubstantiated arguments about how regulations are a drain on the economy; and, by the hearing’s end, a consensus will emerge among the Republican members and their hand-picked witnesses that drastic reforms of the regulatory system are in order.  Along the way, hands will be wrung, fists will be pounded, and vitriol will be spewed.  Something must be done, they …

Feb. 23, 2015 by Victor Flatt
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Today I joined a group more than 40 environmental law professors and clinicians from institutions around the nation in a joint letter to the University of North Carolina System Board of Governors urging that they reject a recommendation to shutter the Center on Poverty, Work and Opportunity, housed at the University of North Carolina Law School. That unfortunate recommendation arose from a special committee created by the board at the direction of the legislature to review all 237 of the state university system’s centers, in the wake of criticism of state anti-poverty efforts by the Center’s director, Professor Gene Nichol.

To be clear, the Center takes no money from the state, and hasn’t since 2009. It’s funded by private contributions. It’s being targeted not to save money, but because some in the legislature would rather not have to be reminded of poverty …

Feb. 19, 2015 by Matt Shudtz
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Our intrepid colleague Celeste Monforton, who writes at the Pump Handle blog, recently passed along a neat example of a tool that we wrote about in our Winning Safer Workplaces manual. Minnesota’s Office of the Legislative Auditor released a report on the state’s regulatory protections for meatpacking workers. As we noted in the Winning Safer Workplaces manual, state-level oversight of government regulation can be a valuable tool for advocates who are fighting for stronger workplace protections. The results of new audits can clarify what is working—and what is not working—about the regulatory system, giving advocates critical information that they might use in new campaigns. The audit process itself, by focusing outside attention on programs that may be insulated from regular or public oversight, can also have positive effects for the programs’ intended beneficiaries (here, workers).

The Minnesota auditors started this project with three …

Feb. 17, 2015 by James Goodwin
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Last week, Rep. Doug Collins (R-Ga.) and Sen. Chuck Grassley (R-Iowa) continued the parade of anti-regulatory bills resurrected from past sessions of Congress by introducing in their respective chambers the Sunshine for Regulatory Decrees and Settlements Act of 2015 (SRDSA).  While all of these anti-regulatory bills are categorically terrible, the SRDSA really needs to be singled out for special condemnation.  After all, it is the only one of the lot that purports to take on a problem—so-called “sue and settle” litigation—that no less than the Government Accountability Office (GAO) has debunked as a myth.  Nevertheless, Messrs. Collins and Grassley have pressed ahead with the bill—versions of which they introduced previously in 2013—despite the pressing real problems confronting their constituents and our country.

It has long been an article of faith among conservative lawmakers that agencies such as the Environmental Protection Agency (EPA) convene …

Feb. 13, 2015 by James Goodwin
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At last, the Obama Administration is articulating a sense of urgency about moving vitally needed health and safty regulations through its pipeline. Here’s Howard Shelanski, White House Office of Information and Regulatory Affairs, in a Bloomberg BNA story this week:

“So we are working now, here in January of 2015, on getting priorities lined up, so that we do not find ourselves at some point in 2016 with really important policy priorities unexecuted,” Shelanski said.

Later in the interview:

Still, the reason OIRA is working hard with agencies in early 2015 is so they can bring the most important rules through the process this year and finalize them sometime in early 2016, Shelanski said.

It’s about time. Last November, CPR released an Issue Alert calling on the Obama Administration to seize the opportunity offered by its remaining time in office and complete a slate of …

Feb. 11, 2015 by Rena Steinzor
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Today, the Government Accountability Office (GAO) reiterated its conclusion that EPA’s regulation of toxic chemicals is in crisis, unable to deliver badly needed protection to the American people.  These benighted programs are among a couple of dozen of “high priority” failures that cause serious harm to public health, waste resources, or endanger national security, and Congress is giving the report red carpet treatment, with House and Senate hearings on the report scheduled the very day it was released. 

In auditor speak, GAO says that “because EPA had not developed sufficient chemical assessment information under these programs to limit exposure to many chemicals that may pose substantial health risks, we added this issue to the High Risk List in 2009.”  At the time, then-Administrator Lisa Jackson took clear steps to rescue the program. Since then, very little progress has been made, largely because the Obama Administration has …

Feb. 9, 2015 by James Goodwin
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According to the Office of Information and Regulatory Affairs’ (OIRA) records, the Department of Transportation submitted its draft final crude-by-rail safety rule for White House review late last week.  OIRA’s review of draft final rules represents the last hurdle in what can be a long and resource-intensive rulemaking process; just about any rule of consequence cannot take effect without OIRA’s final approval.  Once completed, the crude-by-rail rulemaking would help to avoid train derailments and crashes involving the more than 415,000 rail-carloads of flammable crude oil traveling across the United States each year, and to minimize the consequences of such catastrophes if and when they do occur.  A recent CPR Issue Alert featured the rulemaking as among the essential 13 regulatory actions that the Obama Administration should commit to completing during its remaining time in office.

OIRA’s centralized review can be a highly contentious …

Feb. 9, 2015 by Matt Shudtz
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In Kansas and Maryland, two states separated by geography and politics, Republican state lawmakers are touting plans that could seriously alter the institutions that workers in those states rely upon to keep them safe on the job.

Two weeks ago, Maryland Delegate (now State Senator) Andrew Serafini introduced a bill that would make drastic changes to the way the Maryland Occupational Safety and Health agency (MOSH) does its job. So drastic, in fact, that the feds would likely have to step in and take over the state’s program. The biggest problem with the bill is a requirement that the agency send employers a letter, warning them that MOSH inspectors are on the way. Tipping off employers is bad policy for an enforcement agency trying to regulate conditions that can be easily be disguised or altered. In many cases, it’s also a criminal act.

The bill …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Feb. 27, 2015

More Fun Than Escaped Llamas: House GOP to Hold Yet Another Antiregulatory Hearing

Feb. 24, 2015

Winning Safer Workplaces: Responsible Contracting in Maryland

Feb. 24, 2015

What Should be Discussed at the Senate Homeland Security's Hearing on the U.S. Regulatory System (But Probably Won't)

Feb. 23, 2015

In North Carolina, Open Season on Poverty Advocates

Feb. 19, 2015

Winning Safer Workplaces: Watchdogging State Agencies

Feb. 17, 2015

But Wait, There's Less! The GOP Has a 'Sue and Settle' Bill They Would Like to Sell You

Feb. 13, 2015

At Last, the Obama Administration Acknowledges Need for Urgency on Advancing Regulatory Agenda