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Oct. 19, 2011 by Rena Steinzor

Too Big to Rein in, BP Continues Galloping Along, Unbridled and Unrepentant

In perhaps the most profoundly embarrassing development yet for the U.S. government’s star-crossed efforts to police offshore drilling, the Interior Department’s Bureau of Safety and Environmental Enforcement announced last week that it was asking BP, Transocean, and Halliburton to pay a total of up to $45.7 million in fines for 15 violations arising out of the catastrophic failure of the Deepwater Horizon in the Gulf of Mexico. That’s million, not billion, by the way, and a total for all three companies, not each. The $15 million or so that they might each pay is so small in comparison to their annual profits that they might just go ahead and put the sum on an expense account. Meanwhile, as if their humiliation was not enough, the Department of Justice remains strangely silent on its criminal investigation of BP, more than a year after the companies managed somehow to close the benighted well that had spewed oil into the Gulf of Mexico for two solid months in 2010.

The whole point of fining companies for violations of environmental laws is to deter future violations. Despite pledging to pay $20 billion in Gulf Coast relief, as well as …

Oct. 17, 2011 by Rena Steinzor
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The residents of Kingston, Tennessee had no inkling that the Christmas of 2008 would be any different than another year. In the wee morning hours three days before the holiday, an earthen dam holding back a 40-acre surface impoundment at a Tennessee Valley Authority (TVA) power plant burst, releasing 1 billion gallons of inky coal ash sludge across Kingston, Tennessee. The sludge flood crossed a river, destroying 26 houses. One had a man inside, and was lifted off its foundation and moved 40 feet downhill. In the end, the spill covered 300 acres in four to five feet of sludge and mud. Estimated cleanup costs are more than $1.2 billion. 

On Friday, inspired by relentless electric utility industry lobbying, House Republicans and some three dozen Democrat colleagues voted to gut a proposed Environmental Protection Agency (EPA) rule that had the potential to get a grip on …

Oct. 11, 2011 by Lena Pons
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EPA’s chemical management efforts have been under attack on every front. Chemical safety was one of Lisa Jackson’s priorities from her first day as EPA administrator. But during her tenure, efforts to improve chemicals policy at the agency have been met with fierce resistance. One recent attack was on EPA’s efforts to identify priority chemicals for risk assessment and risk management. 

Jackson has already tried one strategy to beef up the agency’s response to hazardous chemicals through the Chemical Action Plans. The plans quickly became a target for chemical industry groups, and in August, EPA announced that it was scrapping the program, and published a discussion guide for a new approach to prioritizing chemicals for risk assessment and potential regulation. EPA recently hosted a public discussion blog on principles for identifying priority chemicals for review and assessment. 

Despite the reset, EPA’s discussion …

Oct. 7, 2011 by
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Continuing their crusade to undermine the Integrated Risk Information System (IRIS), the most prominent worldwide database of toxicological profiles of common chemicals, House Republicans held yet another hearing Thursday morning to review how the Environmental Protection Agency’s (EPA) chemical risk assessment program interacts with and informs regulatory policy. This time, witnesses descended from politics into the weeds of science policy, doing their best to pretend that scientific risk assessments that say how “safe” dioxin is or isn’t have the same supposedly “job-killing” impact as all those actual environmental, health and safety regulations they’ve been maligning for the past year.

 The witnesses, a peculiar mix of industry-funded scientists and hostile state regulators, were united by the fact that they don’t seem to know the difference between a straightforward scientific assessment of the potential risks of chemicals, and a regulation to do something about those …

Oct. 5, 2011 by Catherine O'Neill
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At a growing number of contaminated sites across the nation, “cleanup” means that toxic contaminants are left in place while environmental agencies look to institutional controls (ICs) to limit human contact with these contaminants. Agencies hope that ICs such as deed restrictions or advisory signs will inform people about the continued presence of contaminants at a site and help them steer clear, thus avoiding exposure. Yet agencies have done little to ascertain whether these hopes are well-founded, particularly over the long term. Against this backdrop, EPA released guidance last month that for the first time seeks to systematize its evaluation of ICs. The guidance directs EPA investigators conducting five-year reviews to determine whether ICs called for as part of site cleanups have actually been implemented and maintained. This guidance is a welcome first step. But larger questions remain about agencies’ increased reliance on ICs and other forms …

Oct. 4, 2011 by Matt Shudtz
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A few weeks ago, Rena Steinzor used this space to highlight some questionable activity happening at EPA’s IRIS office and wonder, “ Is IRIS Next on the Hit List?” The good news last week was that EPA released a number of documents, including the controversial and long-awaited assessment of TCE, giving some reassurance that IRIS staff are still plugging away at their important work (see Jennifer Sass and Daniel Rosenberg over at Switchboard for more on the TCE news).

A new report from Inside EPA,  available here, sheds more light on the state of IRIS, by which we now see that the chemical industry’s lobbying arm, the American Chemistry Council, has its cross-hairs trained directly on the IRIS program.

Maria Hegstad reports that ACC recently met with Cass Sunstein, Administrator of OIRA, and David Lane, assistant to President Obama and counselor to the President’s Chief …

Oct. 3, 2011 by Joseph Tomain
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This post was written by Member Scholars Kirsten Engel, William Funk, and Joseph Tomain, and Policy Analyst Wayland Radin.

The President’s recently announced American Jobs Act would be partially funded by repealing oil and gas subsidies, including subsidies in the forms of tax credits and exemptions. Eliminating these unnecessary and harmful subsidies would be a long overdue step toward sound climate and energy policies. Oil and gas subsidies cost American taxpayers billions of dollars every year, but have long since ceased to serve any clear policy goal. Rather, they inflate the profits of an industry that is already highly profitable.

Federal energy subsidies are criticized as wasteful government spending by politicians on both sides of the aisle.  But not all energy subsidies are wasteful. When properly targeted, federal subsidies can achieve social benefits that elude the free market, such as a clean environment. Subsidies and tax …

Sept. 29, 2011 by Amy Sinden
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This post was written by Member Scholar Amy Sinden and Policy Analyst Lena Pons.

Last week, the National Automobile Dealers Association (NADA) sponsored a fly-in lobby day to support an amendment that would strip EPA of the authority to set greenhouse gas emission standards for passenger cars and light trucks for 2017-2025. The amendment, offered earlier this year by Rep. Steve Austria (R-Ohio), would prevent EPA from spending any money to implement the 2017-2025 standards. NADA wants the National Highway Traffic Safety Administration (NHTSA) to have sole responsibility for regulating vehicle efficiency. Dealers want NHTSA to run the show because, they claim, EPA does not give adequate consideration to costs of the standards.

One problem: the auto dealers have completely misrepresented how EPA and NHTSA’s joint standards work. In fact, EPA, just like NHTSA, kept considerations of cost and technological feasibility front and center in developing …

Sept. 28, 2011 by Matthew Freeman
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Nothing attracts attacks in politics quite like a show of weakness. That’s obviously how energy industry lobbyists read President Obama’s recent retreat on ozone standards. So now that the Administration has demonstrated its willingness – you might even call it eagerness – to cave in on much needed environmental regulation, it’s no surprise that polluting industries are of a mind to press their luck. 

How else to explain a request to the Environmental Protection Agency from the American Petroleum Institute – that’s the oil and natural gas industry trade group – to delay until late 2013 forthcoming regulations on refineries, including landmark greenhouse gas regulations.

The current plan is for those rules to be finalized at the end of this year.

To review the bidding on this, the greenhouse gas regs would be among the first to emerge from EPA after a long and brutal battle that …

Sept. 27, 2011 by James Goodwin
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Soon after assuming office in January 2009, President Obama promised that, in contrast to George W. Bush, science and law would be the two primary guiding stars for regulatory decision-making during his administration. From that perspective then, the finalized version of the EPA’s ozone standard should have been a no-brainer. After all, the standard was intended to replace the 2008 one issued in the dying days of the Bush Administration, which EPA Administrator Lisa Jackson has slammed as legally and scientifically indefensible. The Clean Air Act charges the EPA to set the ozone standard at a level that is protective of human health with an adequate margin of safety, and, consistent with this mandate and with the unanimous recommendation of the EPA’s blue ribbon clean air science advisors for how to achieve this mandate, the agency seem poised to set the new standard somewhere between …

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