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May 15, 2009 by Ben Somberg

O'Neill Testifies on Mercury From Chlor-Alkali Plants

On Tuesday, CPR Member Scholar Catherine O'Neill testified about mercury pollution from chlor-alkali plants at a hearing of the House Energy and Commerce Committee's Subcommittee on Commerce, Trade, and Consumer Protection.

At least one in ten women of childbearing age in the United States has blood levels of mercury that threaten the neurological health of her newborn babies. Chlor-alkali plants are a major source of mercury pollution (which we are exposed to primarily through eating fish), even though only four of the plants in the United States still use a mercury-emitting technology. It's completely unnecessary, O'Neill argued, because the industry developed an alternative technology decades ago that does not use any mercury. Approximately 95 percent of chlor-alkali is produced using those newer processes, "diaphragm cell" and "membrane cell."

Said O'Neill: "For years now, we’ve tried waiting this problem out, allowing the chlor-alkali plants to switch over to mercury-free production methods on their own. It’s time to stop waiting, and start requiring them to clean up their act, so as to reduce this serious and entirely unnecessary risk."

May 14, 2009 by Ben Somberg
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CPR President Rena Steinzor and Policy Analyst Matt Shudtz submitted formal comments this week to the White House Office of Science and Technology Policy (OSTP) with policy recommendations for separating science from politics.

Back on March 9, President Obama issued a memorandum on scientific integrity, which outlined broad principles on the subject and requested that John Holdren, the director of OSTP, draw up a series of specific policy recommendations. CPR Member Scholars wrote a letter to Holdren with initial recommendations, and suggested opening the process to formal public comment. On April 27, the White House announced that they were doing just that.

The comments submitted by Steinzor and Shudtz on Wednesday give recommendations in response to each of the six broad principles that President Obama set out. Below is a summary of their recommendations.

 

Ensuring Selection and Retention of the Best-Qualified Candidates for Science & Technology Positions …

May 13, 2009 by Shana Campbell Jones
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Yesterday, as the Executive Council for the Chesapeake Bay Program held its annual meeting, President Obama issued an Executive Order on Chesapeake Bay Protection and Restoration (a first), declaring the Chesapeake Bay a national treasure and signaling that EPA will play a strong role in leading Bay cleanup. For years, federal leadership on the Bay has been missing in action. President Obama's move is dramatic, and we dare to hope that this could be a turning point.

Among other things, the order:

  • Requires EPA to “examine how to make full use of its authorities under the Clean Water Act to protect and restore the Chesapeake Bay and its tributary waters”
  • Establishes a Federal Leadership Committee headed by EPA and including the Departments of Agriculture, Commerce, Defense, Homeland Security, Interior and Transportation to oversee program activities, including data management and reporting;
  • Requires the agencies identified as part …

May 11, 2009 by Shana Campbell Jones
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Cattle, chickens, and hogs create more than 500 million tons of manure in the United States annually – three times more than the sanitary waste produced by people. Yet, in contrast to a concerted federal and state effort to fund and build sewage treatment plants since the Clean Water Act was enacted in 1972, dealing with the water pollution problems caused by animal waste has been like wrestling a greased pig – a stinky, frustrating mess.

Regulating agricultural waste in the Chesapeake Bay watershed has been no less frustrating than in any other area of the country. And it’s no secret that nitrogen and phosphorous loadings from manure are killing the Bay. Recent developments in the Bay watershed, however, could signal a new direction on regulating Concentrated Animal Feeding Operations (CAFOs – factory farms) and the application of manure to cropland by farmers. An emerging coalition of 40 environmental …

May 7, 2009 by Holly Doremus
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This item is cross-posted by permission from Legal Planet.

The National Environmental Policy Act, which became law on January 1, 1970, is the oldest of the major federal environmental laws. It has been a model for environmental assessment laws in numerous states and other nations, but it still comes in for a lot of criticism at home.

Some criticisms are surely justified. As Dan pointed out here, NEPA has yet to fulfill the promise of its lofty goals. NEPA has never quite managed to make environmental impacts central to federal decisions at the conceptual level, the point where key choices are made about what initiatives to pursue and what priorities to assign. Predictions about environmental impacts or the effectiveness of mitigation are hardly ever later reviewed. And in too many cases, environmental analysis is simply used to paper over decisions that have effectively already been made; in …

May 6, 2009 by Ben Somberg
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Interior Secretary Ken Salazar will mix it up with Jon Stewart on the Daily Show tomorrow (Thursday) night.

CNN.com reports:

Interior spokeswoman Kendra Barkoff told CNN that Salazar is looking forward to talking about "his work implementing President Obama's vision for building a clean energy economy and his efforts to protect America's treasured landscapes. Time permitting, of course, the Secretary will be glad to offer Stewart some fashion tips, including how best to sport a cowboy hat and bolo tie."

Salazar will be the first Interior Secretary to appear on the show. We'll check it out.

May 5, 2009 by Matthew Freeman
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CPR Member Scholars William W. Buzbee and Victor Flatt have an op-ed in this morning’s Atlanta Journal-Constitution offering a critique of the “discussion draft” of the Waxman-Markey climate-change bill. Several CPR Member Scholars have blogged extensively about the bill here on CPRBlog, and with this op-ed, and a similar piece published the week before last in the Houston Chronicle, Professors Buzbee and Flatt take that discussion to the opinion pages of two important regional newspapers.

In the Atlanta J-C piece, they write:

The Waxman-Markey bill is smart and comprehensive, covering energy, fuels, cars and more.  Despite some shortcomings, it’s nevertheless a good place to start the congressional discussion about how to fix the most serious environmental problem the planet has ever faced. Polluting industries have mounted a scare campaign to persuade us that it’s too severe, will cost jobs, choke the economy, and more …

May 5, 2009 by Alejandro Camacho
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On Thursday, Rep. Raul Grijalva introduced HR 2192, a bill on adapting to the impacts of climate change. The law would establish a "Natural Resources Climate Change Adaptation Panel" that would create a plan for several federal agencies to anticipate and seek to mitigate the effects of a changed planet.

The bill is very similar to the natural resource adaptation provisions (Title IV, Subtitle E, Subpart C) in the Waxman-Markey draft climate change legislation. Those provisions were a good start, though certainly not perfect (Holly Doremus and I previously analyzed the good and the bad of those provisions here).

E&E News reported  (subscription required) that Grijalva's bill, along with a separate one in the works in the House Science Committee, are "expected to be voted on before Memorial Day and eventually to be folded into Waxman-Markey." If it came to it, should Waxman-Markey stumble, this bill …

April 30, 2009 by Matthew Freeman
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This morning, the Center for Progressive Reform's Rena Steinzor testifies before the House Science and Technology Committee’s Subcommittee on Investigations and Oversight.  In her remarks, she calls on the White House to reshape the role of the director of OMB's Office of Information and Regulatory Affairs -- the so-called regulatory czar.  All too frequently OIRA has been the place where protective regulations go to get weakened or killed, and Steinzor argues forcefully that there's a better role for the OIRA director:  a defender of federal regulatory agencies and their missions, rather than an impediment to regulation.  She says:

The Obama Administration and Congress should define a new mission for the regulatory czar.  The American people need more, not less regulation on every front, from mortgage lending to workplace hazards. The regulatory czar’s mission should be to rescue struggling regulatory agencies by helping them …

April 29, 2009 by A. Dan Tarlock
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This post is written by CPR Member Scholars Dan Tarlock and Holly Doremus

How has the Department of Interior fared during the first 100 days? If history is any guide, the issue may be more important than many people assume. With one major and one minor exception, Secretaries of the Interior stay put in Democratic administrations. Franklin Lane served from 1913 until the last year of the Wilson Administration. Harold Ickes was FDR's only Secretary and he served until his 1945 registration in the Truman Administration. Stuart Udall served during the entire Kennedy and Johnson Administrations; Cecil Andrus did so under President Carter, and Bruce Babbitt lasted for the full two terms of Bill Clinton's tenure in office. Harry Truman is the exception, but he had only two secretaries during his nearly 8 years in office.

The short answer to the question is the record …

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