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Sept. 22, 2015 by Robert Verchick

Dear Jeb: Crippling Federal Agencies Will Not Keep America Safe!

Republican presidential candidate Jeb Bush released a plan meant to make it harder for federal agencies to make rules that protect public health and the environment. That might help some big corporations. But it makes everyday Americans much less safe.

The idea is to jam up the federal rule making process with so many requirements that hardly anything important would get done. Safeguards that keep the air clear, the water clean, and the workplace safe would be put on the back burner. Bush’s plan would empower congressional members who do not believe in climate change to stall rules crafted by scientific experts in response to statutes that Congress has already passed, like the Clean Water and Air Acts. New rules meant to prevent another Wall Street meltdown would also be at risk. 

On top of that Bush would provide the White House (through OMB’s Office of Information and Regulatory Affairs (OIRA)) with even more ways to delay common sense rules that keep Americans safe and make our economy more productive—rules that reduce asthma attacks in children and keep rocket fuel out of your drinking water. When it comes to keeping Americans safe, Bush calls not for swift …

Sept. 22, 2015 by Robert Verchick
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Center for Progressive Reform President Robert R.M. Verchick issued the following statement today in response to the burgeoning Volkswagen emissions scandal:

With the Volkswagen emissions scandal, hard on the heels of the GM settlement, can anyone doubt the importance of strong regulation and tough enforcement? One automotive giant let a safety problem fester for a decade while more than 120 people died as a result. Another conspired to cheat on state emissions tests, pumping outrageous loads of pollution into the air we breathe so that they could make their cars peppier, and advertise them as such. We hear conservatives say all the time that regulation is unnecessary because the market is self-correcting. The scope of these scandals proves just the opposite: We need vigorous regulation and enforcement to keep Americans safe from companies that think they can increase their profits by endangering us all.

Aug. 3, 2015 by Robert Verchick
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Against intense pressure from the coal industry to tie Americans to dirty fuels forever, the Obama administration has surged forward in the battle to fight climate change. The Clean Power Plan rule, released today by the EPA, promises serious cuts in greenhouse gas emissions, while giving states the flexibility and incentives they need to reduce pollution, keep the grid humming, and save consumers money. The challenge, as EPA Administrator Gina McCarthy put it, was “wicked hard.”  But polls show Americans want action on climate change.

Last week, CPR Scholars released a white paper on a number of key issues to watch on the Plan, offering insights on what to look for and on how states could implement it. Some of the key questions the report raises are included below with my reactions after reading the final rule for the first time. This is the beginning of an …

July 2, 2015 by Robert Verchick
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Today’s BP settlement is great news for the Gulf Coast economy, which still suffers mightily from the damage BP and its contractors caused. The President and his Department of Justice deserve credit for hammering out this deal, and keeping their focus on the victims of what the President rightly calls the "worst environmental disaster America has ever faced." 

If the settlement is to have the impact on the region that we all hope it will, we’ll need to be sure that the money is well spent, not siphoned off for political favors or otherwise misused. 

It’s important to remember that this money will flow to the region, and not simply into federal coffers, as a result of a hard-won battle to pass the RESTORE Act. That law is applicable only to this spill, so were another catastrophe of this sort to occur, God forbid …

June 29, 2015 by Robert Verchick
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Today the Supreme Court blocked a key effort by the Obama administration to keep unsafe levels of mercury and other toxins from spilling into our air. The ruling, issued in Michigan vs. EPA, is a loss for the EPA and public health advocates. But the damage can be contained and will hopefully not prevent the agency from re-issuing its so-called Mercury Rule under a rationale that can satisfy the Court’s newly divined decision-making standards.

At issue was whether the Clean Air Act required the EPA to consider costs to industry when it made the decision to regulate mercury, a known neurotoxin. Because the Act does not mention cost considerations at this early stage of rulemaking, the EPA reasoned such review was unnecessary. At any rate, the EPA had explicitly considered costs in the second stage of analysis when it chose the actual numeric pollution limit. And …

June 18, 2015 by Robert Verchick
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ROME—On my first visit to Vatican City, before my meeting with Michelangelo, I greeted the Pope via the city’s ubiquitous souvenir stands. I love this stuff. You can try on the “Papa Francisco” kitchen apron and imagine the pontiff’s smile beaming over your Spaghetti Bolognese. Or gently joggle the pate of a Pope Francis bobble-head. Postcards are everywhere, of course. And for €10 you can score the annual “Hot Priests Calendar,” featuring hunky young men of the cloth. In this “G-rated” feature, priests from all over the world help promote the Eternal City and breathe into the Catholic brand a wisp of hipness, to say nothing of hotness.

But back to the Pope. This week Pope Francis released the much anticipated encyclical on the environment and climate change. And there’s a connection between that, the souvenir aprons, and even the hot priests. I …

May 3, 2015 by Robert Verchick
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Almost a decade after Hurricane Katrina, New Orleans-area residents are still trying to hold their government accountable for mistakes that allowed a monstrous flood to devastate their city. Last week, in a case called St. Bernard Parish v. United States, a federal judge helped their cause.

In a dispute involving a major navigation channel controlled by the Army Corps of Engineers, Judge Susan G. Braden of the United States Court of Federal Claims in Washington, D.C., found that the Corps’ negligence in maintaining that passage caused flooding of such consequence that it amounted to a “taking” of homeowners’ property under the federal constitution, thus requiring the payment of “just compensation.”

The facts behind the Katrina flood—perhaps the most expensive engineering failure in American history—are well known to experts. After Hurricane Katrina had passed over New Orleans, a series of levee breaches caused flooding to …

April 23, 2015 by Robert Verchick
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Nearly five years ago, BP introduced a flippered mammal Americans never knew we had: the Gulf Walrus! If you don’t know the story, you should, because the tale of the Gulf Walrus tells you everything you need to know about what was wrong with deepwater drilling back in 2010, and worse, still is. Photo by Ansgar Walk

The story goes like this: After the Deepwater Horizon oil rig exploded, leaving 11 workers dead and a gusher of oil billowing a mile under the sea, a watchdog group called the Public Employees for Environmental Responsibility unearthed the regional oil spill response plan BP had submitted to the Department of Interior as part of the process to begin drilling. The document was riddled with omissions, errors, and implausible assumptions. There was no plan for a failed “blowout preventer,” no plan for oil reaching the coast, no plan for oil-soaked turtles and birds …

Nov. 26, 2013 by Robert Verchick
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It’s not easy to stare into the eyes of a dying man. But that is what David Michaels, the head of the Occupational Safety and Health Administration (OSHA), wants you to do.

A video called, “Deadly Dust,” featured on OSHA’s website, introduces Bill Ellis, a retired painter and sandblaster. After years of exposure to fine particles of blasted rock, he developed a respiratory disease called silicosis and died, leaving behind his wife, children, and grandchildren. Ellis’s final months were painful. For a silicosis patient, just drawing breath is an ordeal—like sucking air through a straw.

Thousands of laborers are exposed to the tiny stone particles, called silica, that killed Ellis. Any time workers blast sandstone, saw concrete, or cut brick, that dust is in the air. Because of the broad danger and the availability of relatively inexpensive protective gear, OSHA has released proposed …

Oct. 7, 2013 by Robert Verchick
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Ever wonder how Professor Tom McGarity knows about all those delays in regulatory review? Or how Professor Lisa Heinzerling learns about food safety regulations that the White House appears to be burying?

Well, now you too can be an OIRA ninja. In President Obama’s first term, the White House introduced an interactive Web portal stocked with charts and figures to give you better information about the President’s centralized system of regulatory review. (Last summer I referred to OIRA as “the ganglia of the president’s rulemaking brain,” which creeped out some readers, but I’m sticking with it.)  
There are only two rules for you. First, don’t be afraid to snoop around; sometimes the most useful stuff is found three or four levels down. Second, don’t fall in love; OIRA’s slick Web site is a fresh breeze for advocates of government transparency …

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