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Jan. 14, 2010 by Rena Steinzor

Obama's Regulators Earn a B- for Year One in New CPR Report

Over the weekend, the Associated Press ran a story on the results of its enterprising investigation into the toxic content of children’s jewelry imported from China. Pressed to abandon the use of toxic lead in toys and jewelry, manufacturers have apparently begun using an even more dangerous metal, cadmium, which can cause neurological damage – brain damage – to children and give them cancer. AP tested 103 pieces of jewelry bought in American stores within the last few months, and found that 12 percent contained at least 10 percent cadmium. One item, a cute little Rudolph the red-nosed reindeer trinket, was 91 percent cadmium.

Addressing the question that leaps to mind – How did these extraordinarily dangerous trinkets get onto store shelves in the first place? – reporter Justin Pritchard writes these utterly terrifying and completely truthful words:

A patchwork of federal consumer protection regulations does nothing to keep these nuggets of cadmium from U.S. store shelves. If the products were painted toys, they would face a recall. If they were industrial garbage, they could qualify as hazardous waste. But since there are no cadmium restrictions on jewelry, such items are sold legally.

Of course, this is just the latest in a …

Jan. 13, 2010 by Rena Steinzor
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EPA Administrator Lisa Jackson announced Monday that the agency will propose new rules to reduce pollution from runoff from urban and suburban areas and from concentrated animal feeding operations (CAFOs). This announcement goes far in demonstrating that the EPA under President Obama is serious about its commitments to improve the quality of the nation’s waters, especially those waters that continue to be plagued by pollution from nonpoint and other unregulated sources.

The new rules would apply nationwide, but Administrator Jackson noted that more stringent requirements may apply to the states of the Chesapeake Bay Watershed and the District of Columbia as part of the new federal efforts to restore the Bay. The proposed rules would expand stormwater regulations to rapidly urbanizing areas and would apply regulations to existing, large impervious surfaces like parking lots. In addition, the proposed rules would designate more animal feeding operations as …

Dec. 29, 2009 by Rena Steinzor
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CPRBlog asked some of our regular bloggers to give us some suggestions for the high and low points of the regulatory year. We began by taking the Bush Administration’s “midnight regulations” off the table, so that we could focus in on the Obama Administration’s impact to date. CPR President Rena Steinzor begins.

The high point of the year on the regulatory front was EPA’s endangerment finding on climate change, issued December 7, 2009, finally giving the seventh day of December a positive symbolic role in history, beyond the more memorable one as a day that will “live in infamy.” We endured eight solid years of stonewalling by the Bush Administration on climate change – a saga that included everything from suppressing EPA reports because the facts were inconvenient, to the downright juvenile step of refusing to open an email from EPA because it contained a …

Dec. 12, 2009 by Rena Steinzor
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This post was written by CPR President Rena Steinzor and CPR Policy Analyst Michael Patoka.

On Friday, the White House Office of Information and Regulatory Affairs (OIRA) returned a proposed rule on air pollution standards for oil refineries to EPA, insisting that the agency complete “additional analysis” before moving forward. EPA’s efforts to reduce hazardous pollutants from these facilities will be delayed for months or likely years.  And that additional analysis?  OIRA won’t even say what it’s for.  “Trust us” is not the most reassuring government transparency.
 
EPA was proposing to revise the emissions standards for hazardous air pollutants from oil refineries, incorporating the results of a “risk and technology review,” which is used to determine whether additional reductions are warranted in light of the remaining risks to human health that the facilities present and the technology now available to lower their harmful emissions …

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. 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. 3, 2009 by Rena Steinzor
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As reporters dug deeper on our post yesterday about the return of Randy Lutter, chief economist at the Food and Drug Administration (FDA) under the George W. Bush Administration, to “regulatory czar” Cass Sunstein’s office, OMB spokesman Tom Gavin worked to downplay the significance of Lutter’s reappearance. Gavin confirmed that Lutter was in fact ensconced in OIRA, as reported by Inside EPA this morning, but said he was merely “on detail” from the FDA as a career civil servant who would report up the chain of command to Sunstein. The implication, of course, is that Lutter would have little influence on policy.

How heartwarming that argument must have been for civil servants at OIRA and elsewhere. As my colleague Sid Shapiro and I argue in a forthcoming book (The People's Agents and the Battle to Protect the American Public, arriving in spring), civil servants are …

Dec. 2, 2009 by Rena Steinzor
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For a number of days now, we’ve been hearing rumors that Cass Sunstein, President Obama’s “regulatory czar,” was on the verge of hiring conservative economist Randall Lutter to join him at the Office of Information and Regulatory Affairs (OIRA). Few personnel developments could be more discouraging to those hopeful that the Obama Administration will fulfill its many commitments to revitalize the agencies responsible for protecting public health, worker safety, and natural resources.

The best thing that can be said about the prospect of hiring Randall Lutter, a Cornell-educated economist who cut his teeth at the American Enterprise Institute (AEI), is that he is a straightforward traditionalist. No “soft” or “humane” cost-benefit analysis for him, he likes his de-regulatory policy nice and raw. Lutter was the senior economist at the benighted Food and Drug Administration during the George W. Bush Administration, and now he brings his …

Nov. 19, 2009 by Rena Steinzor
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On Monday, OMB Director Peter Orszag sent a letter to Rep. Ed Markey, responding to Congressman Markey’s concerns about OMB’s involvement in EPA’s Endocrine Disruptor Screening Program. Orszag’s letter -- released by Markey's office Wednesday -- explains, in no uncertain terms, that OMB is done meddling in EPA’s scientific determinations about endocrine-disrupting chemicals. It’s a step in the right direction for Orszag and OIRA Administrator Cass Sunstein, who have their work cut out for them if they are going to -- I hope -- work to halt OMB’s historical penchant for interfering in EPA’s work.

Congressman Markey’s concerns about OMB involvement in the EDSP were stoked by the same events that prompted the letter that CPR Board Member Robert Glicksman and I sent to Mr. Sunstein and his colleague Dr. John Holdren of the OSTP. We saw a trail of documents suggesting …

Oct. 19, 2009 by Rena Steinzor
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Before Cass Sunstein had spent much more than a week as the official director of the Office of Information and Regulatory Affairs (OIRA), he invited us over to the White House to talk about how he wanted to shape his small office of economists and statisticians into a strong force for progressive policy within the White House. Followers of the Center for Progressive Reform know that we put out a report in the run-up to his confirmation that was critical of his views on cost-benefit analysis. So I give him credit for opening the door to us, and so soon after his confirmation at that.

It was a good meeting, and we pledged to keep in touch as he undertakes what I hope will be a re-education that will convert his staff from the Bush mode – serving as a sort of waiting room for disgruntled industries – to …

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