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Aug. 3, 2011 by Matt Shudtz

Draft Scientific Integrity Policies Due from Agencies; Progress Unclear

Today marks 90 days since the last milestone in the White House’s push toward improvements in federal agencies’ scientific integrity policies. Agencies that have made progress in this time ought to release their draft plans and open them to public comment.

 From an outsider’s perspective, there hasn’t been much progress to evaluate recently. It’s something we’ve gotten used to—after an initial push, this administration has not presented much of a sense of urgency in its efforts to set up new scientific integrity policies. 

A quick timeline: President Obama issued an Executive Order in March 2009 that proclaimed the importance of ensuring scientific integrity in the federal government and assigned the task of developing new administration policies to the Director of the Office of Science and Technology Policy (OSTP), Dr. John Holdren. In December 2010, Holdren issued a memorandum to the heads of federal agencies, providing them with guidance and minimum standards for the new scientific integrity policies and giving them 120 days to report to him on their progress. According to a May 5, 2011 blog post by OSTP Student Volunteer Mira Atanassova,

more than 30 executive branch departments, agencies, and offices submitted progress …

Aug. 1, 2011 by Shana Campbell Jones
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Amy Sinden and Lena Pons explained in this space on Friday morning how the White House’s fuel economy deal with the auto industry bypassed the rulemaking process and the agency experts charged with determining the “maximum feasible” standard under the law. Late Friday, Rep. Darrell Issa, chair of the House Oversight and Government Reform Committee, joined the fray, promising an investigation of the process. (And we didn’t even know he was a reader of CPRBlog!)

Chairman Issa’s notion that the deal between the White House and automakers was too stringent is absurd, of course. But his stated concern about “the agreement’s lack of transparency, the failure to conduct an open rulemaking process” is absolutely correct.

There’s not much room for doubt that Mr. Issa’s real interest here is in weakening the fuel economy standards, and the administrative process argument is just …

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

This morning President Obama will make an announcement about upcoming fuel economy and greenhouse gas emission standards for passenger cars and light trucks for model years 2017-2025. The announcement will reference the Administration’s plan to propose a standard to reach 54.5 miles per gallon by 2025. These standards will set the pace at which automakers improve the fuel economy of cars for many years to come, and help to determine how quickly advanced technologies – plug-in hybrids, electric vehicles, and fuel cell vehicles – will be available in showrooms.

But the planned announcement is troubling because the number the President will roll out was the result of raw political wrangling, not the rational policymaking process that the Administration purports to pride itself on. The White House has been haggling with the automakers for …

July 26, 2011 by Aimee Simpson
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Being a parent is not easy, but some of the most difficult moments arise when you know what needs to be done to protect your child and your child has other sentiments. Call it a temper tantrum, a battle of wills, or disobedience, it all evokes a sense of frustration, exhaustion, and, let’s face it, self-doubt. There is that brief moment when you think to yourself, “Wouldn’t it just be easier to let them have their way? Maybe I am being too harsh or paranoid? Is it really going to hurt them?” Unfortunately, for the EPA, these questions and many more weave their way into the complex and detailed decisions that the agency must make on a daily basis in its quasi-parental role. At its core, EPA exists to protect us from dangerous toxins, pollution, and multitudes of health hazards that plague our environment. The …

July 21, 2011 by Holly Doremus
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Cross-posted from Legal Planet.

After a three-and-a-half month delay for White House review, EPA has finalized its guidance for review of mountaintop removal mining permits in Appalachia. I needn’t have worried that the White House would roll EPA Administrator Lisa Jackson on this one. The final guidance maintains the strong stand EPA took last April when it issued the interim guidance it finalized today.

The thrust of this final version, like the interim guidance, is that EPA will actually exercise its oversight authority to make sure that permit decisions follow the law. That hasn’t exactly always been the case for mountaintop removal mining, or really for many Clean Water Act permits.

Mountaintop removal mining operations typically require two types of Clean Water Act permits:  NPDES permits under § 402 for dumping pollutants into the nation’s waters, and wetlands filling permits under § 404. The Clean Water …

July 21, 2011 by Frank Ackerman
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This item, cross-posted from Triple Crisis, was written by CPR Member Scholar Frank Ackerman and fellow Stockholm Environment Institute-U.S. Center economist Elizabeth A. Stanton.

Your house might not burn down next year. So you could probably save money by cancelling your fire insurance.

That’s a “bargain” that few homeowners would accept.

But it’s the same deal that politicians have accepted for us, when it comes to insurance against climate change. They have rejected sensible investments in efficiency and clean energy, which would reduce carbon emissions, create green jobs, and jumpstart new technologies – because they are too expensive.

While your house might not burn down, your planet is starting to smolder. Extreme weather events are becoming more common, and more expensive: in the first half of 2011, Mississippi River floods cost us between $2 and $4 billion, while the ongoing Texas drought has cost us …

July 20, 2011 by Rena Steinzor
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This post was written by CPR President Rena Steinzor and Policy Analyst James Goodwin.

Few incidents better illustrate the Bush Administration’s outright hostility to politically inconvenient science than its 2008 rule updating the ozone National Ambient Air Quality Standard (NAAQS). In the run-up to that rule, Bush’s EPA ignored the unanimous recommendation of the Clean Air Science Advisory Committee (CASAC), an independent and well-respected advisor to the EPA on clean air issues, that it set the standard in the range of 60 to 70 parts per billion (ppb) to replace the existing standard of 84 ppb. Instead, the final rule—issued in the waning days of the Bush Administration—set the standard at 75 ppb, well above CASAC’s recommended range.

The ozone standard was so bad that soon after it was issued in 2008, CASAC took the unusual step of publicly criticizing Bush’s …

July 19, 2011 by Carl Cranor
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When you write a book, particularly one that has something to do with matters political, you have to expect criticism. So when I wrote Legally Poisoned: How the Law Puts Us at Risk from Toxicants (Harvard, 2011), I fully expected it to take a shot or two – not just from some of my colleagues in academia, but also from allies of the chemical industry.

In fact, since this book isn’t exactly my first rodeo, I’ve grown accustomed to reviewers who sometimes misstate some of the specifics of what I’ve written or mangle an idea or two. But they’re usually mistakes made in good faith, or at least that’s been my impression.

So it came as a surprise to me to read the review of Legally Poisoned written by Henry Miller, M.S., M.D., of the Hoover Institution and adjunct fellow of …

July 14, 2011 by Daniel Rosenberg
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Editor's Note: This morning, CPR President Rena Steinzor will testify at a House hearing regarding EPA's Integrated Risk Information System chemical database (full testimony). This post by NRDC Senior Attorney Daniel Rosenberg, cross-posted from Switchboard, explains the importance of IRIS and how the program is under attack.

Thursday morning, the House Science Committee’s Investigation and Oversight Committee will hold a hearing on EPA’s premier program for assessing the dangers of chemicals.   It is called the IRIS program, (which stands for Integrated Risk Information System).  The IRIS program looks at the science available on the potential dangers of a chemical and determines what hazard that chemical may pose – such as causing cancer, birth defects, diseases, etc., and what level of exposure, if any, is likely to be without an appreciable risk of harm.  The IRIS program doesn’t issue regulations; it is focused on …

July 12, 2011 by Lesley McAllister
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Cross-posted from Environmental Law Prof Blog.

Do you realize that the Cross-State Air Pollution Rule finalized by the Environmental Protection Agency  last week represents the end of the famed Acid Rain Program? It's a good thing because the Acid Rain Program had outlived its usefulness by several years and its allowance market had collapsed.

Legislated into existence by the Clean Air Act Amendments of 1990, the Acid Rain Program (ARP) was a major experiment with cap-and-trade regulation. It began in 1995, and its first few years were quite a success. With the ability to bank allowances for future years when they might be quite valuable, the power plants included in the program reduced their pollution by more than they had to. In the first five years of the program, EPA’s annual caps allowed them to emit a total of 38 million tons of sulfur dioxide …

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