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June 11, 2020 by Katlyn Schmitt, William Andreen

The Final Countdown: Five Years Left Until Chesapeake Bay Cleanup Agreement Deadline

We are five years out from the final 2025 deadline for the Chesapeake Bay cleanup agreement, known as the Bay Total Maximum Daily Load (TMDL). With the approval of the U.S. Environmental Protection Agency (EPA), each of the Bay states has finalized the three required phases of their Watershed Implementation Plans (WIPs). This month, those states have released their draft 2020-2021 milestones, which, when final, will set out the key short-term goals states will work toward, stepping up their restoration work so that they can stay on track to meet their final 2025 pollution reduction goals.

Even though these five-year milestones play an important role in the accountability framework for the Bay TMDL, the WIPs serve as the main vehicle for comprehensively outlining how each state will achieve their commitments. Even the EPA has stated that the WIPs are the "cornerstone" of the Bay TMDL.

Despite this, the final WIPs for Pennsylvania and New York fell short of demonstrating how they would meet their 2025 Bay TMDL pollution reduction allocations. The final WIP for Pennsylvania, for instance, demonstrates that the state will only achieve about three-quarters of its nitrogen reduction allocation by 2025. The state will also suffer a …

June 10, 2020 by Alice Kaswan
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Black lives matter. As we contemplate the scope of structural racism, we find that “Black Lives Matter” needs to be said over and over again. We say it as we push for policing that protects rather than threatens. And we can keep saying it. Like when we talk about having available, affordable health care. Having access to technology and broadband, a quiet space, and time when the classroom becomes off limits due to a pandemic or climate-driven extreme weather. Finding an affordable place to live and landlords who don’t discriminate. Finding meaningful work and getting a promotion. Finding fresh food. Getting respect.

And then there’s the environment. We still see stark disparities in exposures to environmental harms in our country. For example, communities of color are more likely to live in areas with higher levels of air pollution. For decades, people of color have been …

June 9, 2020 by Darya Minovi
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June 1 marked the start of hurricane season for the Atlantic Basin. While not welcome, tropical storms, strong winds, and storm surges are an inevitable fact of life for many residents of the Eastern Seaboard and the Gulf Coast. As a new paper from the Center for Progressive Reform explains, with those storms can come preventable toxic flooding with public health consequences that are difficult to predict or control.

In Ernest Hemingway’s 1970 novel, Islands in the Stream, he wrote of his protagonist, Thomas Hudson, “He knew how to plot storms and the precautions that should be taken against them. He knew too what it was to live through a hurricane with the other people of the island and the bond that the hurricane made between all people who had been through it.”

Only Hemingway could romanticize hurricanes. And things have only gotten worse. Last month …

June 2, 2020 by Katlyn Schmitt
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In April, the U.S. Supreme Court finally weighed in with an answer to a longstanding question about what kinds of pollution discharges rise to the level of a "point source" and require a permit under the Clean Water Act. The Court dipped its toes into some muddied waters, as this question has been the subject of a range of decisions in the lower courts for decades, with little consensus. Panelists on the Center for Progressive Reform's May 28 clean water webinar examined the Supreme Court's opinion and its possible implications for water quality protections.

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The Clean Water Act prevents the addition of any pollutant to any navigable water of the United States from any so-called "point source" – a fixed point, as in, for example, the end of a pipe discharging into a river – without a National Pollutant Discharge Elimination System (NPDES) permit. Generally speaking, the EPA …

June 1, 2020 by Matt Shudtz, David Flores, Matthew Freeman, James Goodwin, Brian Gumm, Catherine Jones, Darya Minovi, Katlyn Schmitt, Katie Tracy, Robert Verchick, Robert Glicksman, Alice Kaswan, Thomas McGarity, Joel Mintz, Sidney Shapiro, Amy Sinden
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Staff and Board members of the Center for Progressive Reform (CPR) denounce the murder of George Floyd by Minneapolis police officer Derek Chauvin on Memorial Day. We stand with the peaceful protestors calling for radical, systemic reforms to root out racism from our society and all levels of our governing institutions and the policies they administer.

CPR Member Scholars and staff are dedicated to listening to and working alongside Black communities and non-Black people of color to call out racism and injustice and demand immediate and long-lasting change. Racism and bigotry cannot continue in the United States if our nation is to live up to its creed of life, liberty, and the pursuit of happiness for all.

CPR's vision is thriving communities and a resilient planet. That ideal animates all of our work, but systemic sources of inequality and injustice stand as massive barriers to the realization …

May 28, 2020 by Katlyn Schmitt, Dave Owen
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Sometime soon, EPA is expected to release its final rule limiting state and tribal authority to conduct water quality certifications under section 401 of the Clean Water Act. A water quality certification is the most important tool states have to ensure that any federally permitted project complies with state water quality protections.

States often impose conditions on such projects that are more stringent than federal requirements in order to protect drinking water and local aquatic habitat, among other reasons. The Clean Water Act also empowers states to deny certifications and stop a project from moving forward if it would still violate the state's water quality standards even after conditions are imposed.

The rulemaking was spurred by an executive order from President Trump last year. The order directed the EPA to change the 401 certification process, with an ostensible focus on "the need to promote timely Federal-State cooperation …

May 27, 2020 by Samuel Boden
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On May 19, the National Weather Service advised people living near the Tittabawassee River in Michigan to seek higher ground immediately. The region was in the midst of what meteorologists were calling a “500-year-flood,” resulting in a catastrophic failure of the Edenville Dam. Despite years of warnings from regulators that the dam could rupture, its owners failed to make changes to reinforce the structure and increase spillway capacity. By the next day, the river had risen to a record-high 34.4 feet in the city of Midland.

Any flood of this magnitude is a tragedy, but the situation in Midland is worse: The city is home to the world headquarters of Dow Chemical Company, including a vast complex that has produced a range of toxic chemicals, including Agent Orange and mustard gas. Dow has a tarnished history in the area, responsible for contaminating the Tittabawassee River with …

May 20, 2020 by Darya Minovi, James Goodwin
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Earlier this week, we submitted a public comment to the Environmental Protection Agency (EPA), criticizing the agency's March 2020 supplemental proposal for its “censored science" rulemaking. This rule, among other things, would require the public release of underlying data for studies considered in regulatory decision-making, and thus might prevent the agency from relying on such seminal public health research as Harvard’s Six Cities study, which have formed the backbone of many of the EPA’s regulations, simply because they rely on confidential data.

First proposed during the brief and tumultuous tenure of former EPA Administrator Scott Pruitt, the rule, officially known by its Orwellian moniker “Strengthening Transparency for Regulatory Science,” has become a key part of the Trump administration’s assault on the agency’s credibility and authority. Indeed, the arrival of this administration has seen the EPA completely abandon its mission of protecting public health …

May 18, 2020 by Darya Minovi
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In recent weeks, as a result of cramped conditions and inadequate protections, several U.S. meat plants have closed due to coronavirus outbreaks among workers. In one particularly stunning instance, a Tyson pork processing plant in Perry, Iowa, shut down after 730 workers (58 percent of the plant's workforce) tested positive. New data from Johns Hopkins University shows that the virus spreads at more than twice the national rate in counties with major meatpacking plants. The United States now faces a meat shortage, a direct result of a broken food system – one that is built to reliably feed the bottom line of industrial agriculture at the expense of public health.

Despite the chaos, federal agencies’ responses seem to favor industry over worker and consumer health. In March, the Food and Drug Administration postponed in-person inspections at factories, canneries, and poultry farms, then in April gave a number …

May 7, 2020 by Matthew Freeman
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With the majority of states beginning to loosen their COVID-19 restrictions, many Americans who've been sheltering in place for the past few weeks are now facing a difficult choice: Go back to workplaces that might not be safe, or risk being fired. They'll face similar choices at grocery stores, pharmacies, home centers, and everywhere else they go where they must rely on the precautions taken by owners, managers, and others for their safety.

Eager to fire up the economy with an election approaching, Senate Majority Leader Mitch McConnell (R-KY) has announced his intention to block a fourth stimulus bill if it does not include a provision extending broad immunity to businesses for any COVID-19 infections they cause workers or customers. If adopted, such immunity from litigation would leave us all at the not-so-tender mercies of the marketplace. Shielded from accountability and stung by lost business, too many …

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