The commentary following last week’s elections has largely been a variation on either of two themes: (1) how strong Republicans are now that they have secured majorities in both houses of Congress or (2) how correspondingly weak the Obama Administration will be for the remainder of its time in office when it comes to advancing its policy goals. This commentary may be true insofar as it relates to new legislation. (Even there, nothing will really change as the prospects for new legislation that the President can sign will be not much worse now than they have been in recent Congresses.) But when it comes to enforcement of laws that already on the books, President Obama holds the undisputed upper hand, and congressional Republicans remain effectively impotent.
Last night’s agreement between the United States and China to undertake significant cuts in greenhouse gas emission by 2030 illustrates that. Under the agreement, the United States will cut its emissions between 26 percent and 28 percent below 2005 levels by 2025, while China will reach its peak greenhouse gas emission by 2030 or earlier. Since the United States and China are far and away the two largest national emitters of greenhouse …
Last week brought a string of bad news as far as global climate disruption goes. The bummer parade began Sunday with the release of the Intergovernmental Panel on Climate Change’s (IPCC) Fifth Assessment Synthesis report, which painted the direst picture yet of the looming global climate disruption threat, finding that “Continued emission of greenhouse gases will cause further warming and long-lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems.” Before it was possible for anyone to catch their breath, the mid-term election results delivered another punch to the environmental gut, as a wave of anti-environmental candidates emerged victorious, securing Republican control of the U.S. Senate and expanding their control of the U.S. House of Representatives. The cherry on top came when Sen. James Inhofe (R-Okla.), a politician best known for writing …
Last Sunday, the New York Times ran the best of dozens of stories about how President Obama will behave in the last quarter of his eight years in office. Veteran political reporters Peter Baker and Michael Shear wrote: “As the President’s advisers map out the next two years, they have focused on three broad categories: agenda items he can advance without Congress, legislation that might emerge from a newfound spirit of compromise with Republicans, and issues that Mr. Obama can promote even without hope of passage as a way to frame the party’s core beliefs heading into 2016.” Spinning this message with his usual pungency, long-time adviser David Axelrod declared: “What he can’t do and won’t do is put his feet up on the desk and cross days off the calendar.”
The world is unlikely to leave the President any space for malingering …
One curse of being a two-term president is that in your last two years, you must endure a conversation about whether you’re still relevant. For Barack Obama, that conversation is about to go kick into high gear. The pundits will observe, correctly, that his legislative agenda has little chance of moving through the new Congress, although that’s been true since 2011, of course.
So what is the path to progress for Barack Obama in these last two years of his administration? By what means can he add to his legacy, one that includes monumental health care reform, saving the economy, salvaging the automobile industry, subjecting the financial sector to some much needed regulation, and more? And how can anything of use be accomplished with a Congress dead-set against cooperation?
Actually, it’s quite straightforward, and we’ve been urging it on him for a couple …
Today, brave workers at a Wayne Farms poultry slaughterhouse have a reason to celebrate a milestone in their struggle for justice. With help from lawyers at the Southern Poverty Law Center, they filed a complaint with OSHA in April. They blew the whistle on conditions that included dangerous work speeds that caused serious injuries, as well as denying subsequent medical treatment, and the firing of workers who reported their concerns. The agency released some results from its inspection, proposing significant fines against Wayne Farms for the deplorable conditions the workers continue to face. OSHA is proposing $102,000 in fines, for everything from bad records to forcing workers to work on or clean machines that have not been properly shut down and de-energized. Significantly, OSHA has cited Wayne Farms for violating the General Duty Clause because the company exposed workers to dangerous ergonomic hazards. OSHA hasn't …
After ringing its hands for nigh on four years, EPA has at last coughed up a final coal ash rule. Of course, no one but the White House staff will know what it says until the White House releases it in absolutely final form. Nevertheless, the staff will now engage in the charade of hosting multiple appearances by various interest groups that want to tell the President’s people about those concerns without really knowing what they should be talking about.
EPA is due in court on December 19 to explain to a judge what rule it has written. We can only hope that it is not the pale alternative crafted by the White House and put out for comment. That pitiful compromise would perpetuate the status quo, with the states left to continue to do a bad job at overseeing these huge pits in the ground …
This week, CPR President Rena Steinzor and I joined with the Maryland Clean Agriculture Coalition to submit comments to the Maryland Department of the Environment (MDE) urging the state to strengthen the permit that regulates Maryland’s nearly 600 industrial animal farms. MDE is in the process of renewing the General Discharge Permit, a one-size-fits-all permit that covers Concentrated Animal Feeding Operations (CAFOs) and Maryland Animal Feeding Operations (MAFOs) within the state (collectively known as Animal Feeding Operations (AFOs)). These farms raise hundreds of millions of animals each year and produce vast quantities of waste, playing a significant role in the ongoing degradation of the Chesapeake Bay and waterways throughout the state.
The comments focus on three main goals, urging MDE to:
Immediately begin assessing fees to process CAFOs’ permits. In the past, MDE has waived such fees, despite a legal requirement to the contrary. The fees …
In an op-ed published in The Hill on Friday, CPR President Rena Steinzor makes the case that in appointing a successor to Attorney General Eric Holder, President Obama needs to find a prosecutor tough enough to go after corporate malfeasance with more than a series of comparatively weak deferred prosecution agreements.
She writes,
Of course, prosecutors can’t send corporations to jail — they are inanimate paper entities. But forcing them to acknowledge that they broke criminal laws is more than a symbolic gesture, which is why corporate lawyers work so hard to avoid such outcomes. The stigma of such guilty pleas lasts, rightly spooking existing and would-be investors.
Holder’s record in this area is tainted by his embrace of the “too big to jail” argument that the collateral damage from going after even the most serious corporate malefactors is intolerable. She writes,
This egregious off-ramp was …
EPA’s proposed new rule for greenhouse gas emissions from power plants gets a lot of things right. For one thing, it recognizes that electric utilities can employ a variety of measures to reduce greenhouse gas emissions. They can switch to natural gas or even renewable energy sources. They can fund end-use efficiency improvements—such as energy efficient windows, better insulation, and light bulbs that burn brightly even while they conserve electricity. All of these techniques reduce power plant emissions. So, EPA is right to make them building blocks for its rule.
But the final rule should correct a very poor policy judgment about the form of the emission limits that utilities can meet with these technologies. EPA should demand state limits on the mass of emissions from power plants rather than limits on emission rates. Let me explain why this seemingly arcane issue matters.
In the …
Today, OSHA announced that it is seeking new ideas from stakeholders about preventing workplace injuries caused by exposure to harmful chemicals. The agency wants to identify new ways to develop Permissible Exposure Limits (PELs), the basic standards for reducing air contaminants.
CPR's Executive Director Matthew Shudtz responded to the development:
It’s great that Dr. Michaels is continuing to seek new ways to eliminate or manage chemical hazards in the workplace. OSHA has been relying on outdated standards for too long. But rulemaking is not the only way to address these hazards. OSHA needs to use the enforcement tools it has available, especially the General Duty Clause. With the General Duty Clause, OSHA can cite employers who are lagging behind industry standards for chemical exposure.
Last year, OSHA released new web-based tools to help employers voluntarily limit the exposure of workers to hazardous substances. In a blog …