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July 30, 2014 by Rena Steinzor

Tweaks to Bad Chicken Processing Rule Leave Workers and Consumers in the Lurch; Rule Hurtles Out of the White House Door at Record Speed

We’ve received the bad news from impeccable sources that the much-criticized USDA poultry processing rule has passed White House review at record speed—20 days, count ‘em!—and will be released late this afternoon.  As usual, the process of OIRA review was shrouded in secrecy, with affected stakeholders filing in and out of the White House to talk about a rule they had never seen to taciturn OIRA officials who had long since cut a deal with USDA.  Of course, the late afternoon release is designed to forestall criticism in the same news cycle that will report the White House spin on the rule.  But we know enough about it to make some basic observations.

Our sources informed us that the rule will allow companies to have processing lines that run at the speed of 140 birds per minute—that’s 2.3 chickens every single second, although it’s also the current USDA maximum, allowing USDA to claim that the new rule doesn’t make matters any worse. 

OSHA, which was deeply involved in negotiations with USDA, clearly views this outcome as a great victory because it reduces by 35 birds/minute the original and outlandish USDA proposal …

July 28, 2014 by Rena Steinzor
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It must be something of a game for them.  That’s really the only explanation I can come up with for why the antiregulatory members of Congress seem so intent on competing with each other to see who can introduce the most outlandish, over-the-top anti-EPA bill.  If it is a game, then its best competitors would have to include Senators John Barasso (R-WY) and David Vitter (R-LA) who earlier this month introduced S. 2613, the Secret Science Reform Act of 2014.

If this bill sounds familiar, that’s because it is identical to one that was introduced in the House in February by Rep. David Schweikert (R-AZ).  At the time, a group of CPR Member Scholars sent a letter to the Subcommittee on the Environment of the House Committee on Science, Space, and Technology, of which Representative Schweikert is chair, to explain their concerns in anticipation of …

July 11, 2014 by Rena Steinzor
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The U.S. Department of Agriculture (USDA) sent its benighted poultry processing rule to the White House for final review.  The millions of consumers who eat undercooked chicken at their peril and the beleaguered workers in these dank, overcrowded, and dangerous plants can only hope the President’s people come to their senses over there and kill this misguided fiasco. 

Ordinarily, we would have hoped that Department of Labor secretary Tom Perez would have put his foot down before USDA proceeded with the final rule, but after months of pleas from the National Council of La Raza, African American labor advocates, trade unions, and consumer groups across the spectrum, he has remained aloof.  Apparently, the economic needs of multi-billion dollar poultry processing companies that have brought us salmonella outbreak after salmonella outbreak will once again trump the needs of the consumers and workers, especially Hispanic and African …

May 22, 2014 by Rena Steinzor
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The federal regulatory system is in crisis. For the past several decades, a damaging set of mandates has continued to pile up on the books—mandates that threaten to stifle critical progress and undermine the nation’s ability to compete in the world economy. Even today, out-of-touch policymakers are attempting to add still more of these mandates, without regard to their direct, indirect, and cumulative costs to society. One might say that we are facing a tsunami, a flood, or even an avalanche of these mandates.

You’ve heard that sort of rhetoric before, I’m certain, deployed by opponents of various safeguards protecting consumers, workers, the environment, and more. But my diagnosis of the problem refers not to regulatory safeguards that agencies are, after all, obligated to issue as part of their statutory missions, but to the growing number of duplicative and utterly wasteful “lookback” or …

April 16, 2014 by Rena Steinzor
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It’s basic common decency:  If you know people are about to stumble into a dangerous situation without realizing the risk, you should try to warn them before harm occurs.  For example, you might warn someone that a frying pan is hot before they pick it up or that a handrail is broken before they try to descend a staircase.

For too many companies, though, concerns about profit margins and quarterly earnings reports leave little room for common decency.  These days, when a company becomes aware that the activities it undertakes or the products or services it offers put its workers or consumers in harm’s away, it often decides that its economic best interests are best served by keeping the public in the dark.  By turning a blind eye, companies hope to avoid footing the costs necessary for eliminating the harms they are creating.  This strategy …

April 15, 2014 by Rena Steinzor
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It’s hard to find someone who is not appalled at the news that General Motors knew the ignition switches on some 2.6 million of its automobiles were defective and yet did nothing to fix the problem, instead recommending that its customers stop using keychains.  It also lied repeatedly to its regulator, the National Highway Traffic Safety Administration (NHTSA), the media, and its customers. The company’s deliberate lies saved about 90 cents per car, but the defect, apparent for many years, cost lives. So far, GM admits to 13 deaths caused by the sudden failure of the ignition switches, shutting down the cars’ electrical systems, and with it, power brakes, power steering, and airbags.  But judging from the number of people who have filed lawsuits, the death toll could climb much higher, not to mention the non-fatal accidents caused by the problem, conveniently ignored by …

April 14, 2014 by Rena Steinzor
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Since the year began, the Environmental Protection Agency has resolved enforcement actions against 12 different companies in the Chesapeake region for failure to comply with environmental laws.  In one case, EPA found that the U.S. Army had failed to inspect more than a dozen underground tanks at one of its Virginia military bases containing hundreds of thousands of gallons of jet fuel, diesel fuel, and gasoline.  A D.C. hospital was not properly checking for carbon monoxide leaks.  A solvent processing facility in Cockeysville, Maryland, was storing industrial waste in a room with a leaky floor.

The Army paid $41,000; the hospital forked over $15,000; the solvent processing facility was out $80,650.  Collectively, the 12 settlements amounted to nearly $325,000 in penalties.  Compared with the $5.15 billion the Texas oil company Anadarko Petroleum Corp. agreed to pay this month for a …

April 1, 2014 by Rena Steinzor
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Maryland faces an important deadline in its long-running effort to clean up the Chesapeake Bay. By 2017, the state is required to implement specific measures to reduce the massive quantities of nutrient pollution that now flow into the Bay from agriculture, sewage treatment plants, power plants, factories, golf courses, and lawns. Gov. Martin O’Malley and the other Bay State governors know we’re going to have to make some demands on polluters to get the job done. But if the new Bay Watershed Agreement is any indication, the politicians lack the stomach for it.

For years, the Bay states have collaborated their way to nowhere, inking joint agreements that resulted in very little actual progress. Then the Obama EPA stepped up to the plate, issuing a Total Maximum Daily Load (TMDL), or pollution diet for the Bay. Under its terms, by 2017, the six Bay states …

March 13, 2014 by Rena Steinzor
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A scant five days before the Department of Interior opens a new round of bids for oil leases in the Gulf of Mexico, the EPA has blinked, pronouncing BP, the incorrigible corporate scofflaw of the new millennium, once again fit to do business with the government.

To get right to the point, the federal government’s decision that BP has somehow paid its debt and should once again be eligible for federal contracts is a disgrace. Not only does it let BP off the hook, it sends an unmistakable signal to the rest of the energy industry: That no matter how much harm you do, no matter how horrid your safety record, the feds will cut you some slack.

Back in 2012, the agency’s intrepid staff had finally gotten permission to pull the trigger on the company, de-barring it from holding any new U.S. contracts …

Feb. 20, 2014 by Rena Steinzor
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Yesterday, we wrote about OIRA’s role in delaying and diluting the EPA’s long-awaited coal ash rule, in part by introducing and promoting a weak option that would rely on voluntary state implementation and citizen suits, instead of nationwide requirements and federal oversight, to protect the public from dangerous leaks and spills. Anyone who thinks the states can be entrusted with regulating toxic coal ash need only take a passing glance at North Carolina’s track record—a virtual “how to” guide for regulatory dysfunction. Governor Pat McCrory himself worked at Duke Energy for 28 years, and Duke-connected sources donated over a million dollars to get him elected in 2012. Once in office, he appointed several former Duke employees to high-level posts, and the newly appointed head of the state’s environmental department saw himself as a “partner” to regulated industries rather than a cop on …

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