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March 23, 2015 by Erin Kesler

CPR President Rena Steinzor in the Houston Chronicle: Criminal investigations crucial to making refineries safer

Last Friday marked the 10 year anniversary of the BP Texas City Refinery explosion that killed 15 people and injured 170 others.

In an opinion piece for the Houston Chronicle, CPR President Rena Steinzor describes the systemic failures which led to the explosion and the regulatory gaps that remain. She calls for criminal investigations, "everytime refinery operations kill, maim, or threaten public health."

She notes:

BP executive Ross Pillari blamed low-level workers for not "doing their jobs." Yet some of the men stationed at the tower had worked 12-hour shifts for 29 consecutive days, as required by BP policy. The company fired six of them, in effect reinforcing the perception that human error, as opposed to systemic mismanagement, was to blame. This spin was refuted by the evidence.

Several weeks before the explosion, Texas City plant manager Don Parus prepared a PowerPoint containing pictures of men killed in accidents on site and showed it to BP senior executives John Manzoni and Michael Hoffman. Parus had also commissioned a consulting firm to survey employees about safety. It reported that "we have never seen a site where the notion, 'I could die today,' was so real."

Post-explosion reports by the Baker panel …

March 20, 2015 by Matt Shudtz
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Last week, workers’ advocates at the Southern Poverty Law Center and Nebraska Appleseed got the official word that OSHA will not develop new regulations to protect the men and women who do the dirty work of turning clucking chickens into boneless cutlets. It’s an industry where vulnerable workers—mostly women, immigrants, and folks geographically isolated from other job opportunities—face great hazards from the strains of repetitive motion. Some of the plants process tens of thousands of birds on every shift, and a recent NIOSH review of one facility uncovered evidence of chronic musculoskeletal injuries in more than 40 percent of the workers who took part in the evaluation. The industry has a problem.

Lobbyists from the Chicken Council will proudly proclaim that the industry’s injury and illness rates have been dropping for years. But those numbers simply cannot be trusted. The chronic pain that …

March 18, 2015 by Erin Kesler
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Today, CPR Senior Policy Analyst James Goodwin will testify as an expert witness on the regulatory process for a House Committee on Small Business Hearing, "Tangled in Red Tape: New Challenges for Small Manufacturers.

Goodwin's testimony highlights the economic as well as public health and safety benefits of regulations in relation to small businesses. He notes:

Over the past four decades, U.S. regulatory agencies have achieved remarkable success in establishing safeguards that protect people and the environment against unreasonable risks. During the 1960s and 1970s, rivers caught fire, cars exploded on rear impact, workers breathing benzene contracted liver cancer, and chemical haze settled over the industrial zones of the nation's cities and towns. But today, the most visible manifestations of these threats are under control, millions of people have been protected from death and debilitating injury, and environmental degradation has been slowed and even …

March 16, 2015 by Matt Shudtz
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What’s old is new again. This week, competing bills to reform the 40-year old Toxic Substances Control Act (TSCA) hit the Senate—one from Senators Vitter and Udall, the other from Senators Boxer and Markey. Both the environmental community and the chemical industry agree that TSCA is broken and must be fixed. This is a law that’s so poorly designed; EPA has been stymied in its efforts to ban asbestos. Yes, that asbestos. But where environmentalists and the chemical industry diverge is on the details of how to fix TSCA.

CPR Member Scholars and staff are still analyzing the bills, but one issue stands out as a fatal flaw in the Vitter-Udall proposal, and is addressed wisely in the Boxer-Markey proposal: the proposed safety standard. The “safety standard” is the focal point of the legislation: EPA’s central task under both proposals is to determine …

March 9, 2015 by Celeste Monforton
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This blog is cross-posted from the Pump Handle. 

It’s a rare thing on Capitol Hill when a member of the Administration is on the hot seat from both sides of the aisle. But that’s what happened on Tuesday when President Obama’s regulatory czar, Howard Shelanski, JD, PhD, testified at a joint hearing of two subcommittees of the House Committee on Oversight & Government Reform.

The Republican Chairman Mark Meadows (R-NC) and Ranking Member Gerry Connolly (D-VA)and other subcommittee members, peppered him with questions about OIRA’s lack of transparency in numerous arenas. Their motivations were different, but they were equally tough in their questioning. Republicans don’t think OIRA is doing enough to reign in regulatory agencies, while Democrats want OIRA to complement, not impede, agencies’ work.

I could relate to Chairman Meadows when he pressed Shelanski about releasing documents related to OIRA …

March 9, 2015 by Daniel Farber
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There are troubling indications that Keith Hall lets ideology blind him to basic economics.

Last week, in a post about the employment effect of regulations, I mentioned briefly that the new Director of the Congressional Budget Office, Keith Hall, had endorsed some questionable views on the subject.  A reader pointed me toward an additional writing that has done a lot to escalate my concerns.  There are disturbing signs about both Hall’s ideological bias and even his grasp of basic economics.

This writing was part of an exchange in the journal Risk Analysis about an excellent book on the regulation/employment issue written by Coglianese, Finkel, and Carrigan.  Here are a couple of snippets that reflect Hall’s anti-regulatory bias:

“Regulation-related jobs are created much in the same way that a hurricane creates jobs.”

“The important point is that more valuable economic resources—like labor hours in …

March 4, 2015 by James Goodwin
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Yesterday, the House Oversight Committee held a hearing on “Challenges Facing OIRA in Ensuring Transparency and Effective Rulemaking” that featured as its only witness the head of the White House’s Office of Information and Regulatory Affairs (OIRA), Administrator Howard Shelanski.   Given that regulations are a huge source of consternation on the Hill, and the prominent role that OIRA plays in the federal regulatory apparatus, oversight hearings involving OIRA always have the potential for fireworks.  Despite this potential, these hearings—which take place once a year or so—tend to be pretty staid affairs with some mild grousing over a few key issues that are undoubtedly worthy of congressional attention—including the delays caused by OIRA’s unacceptably long rule reviews and OIRA’s semiannual tradition of issuing regulatory agendas behind schedule and/or at inconvenient times of the year (i.e., before major holidays).   Yesterday’s …

March 3, 2015 by Erin Kesler
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The Texas Public Utility Commission, which sets electricity rates for the state and allows adjustments for fuel costs, has recently proposed amendments to its procedural rules that would limit consumer advocate input into potentially abusive rate changes.

Prior to any rate changes, the Commission holds public hearings where experts for the utility companies present highly technical reports drawn from their own data. Representatives of consumer groups can participate in these hearings, but they typically advance consumer interests by challenging the data and assumptions presented by the industry's experts.

The Commission has proposed to limit the amount of demands for information that consumer advocates can make of utility companies and the number of written question they can submit at public hearings. 

In an op-ed for yesterday's Austin-American Statesman, CPR Scholar and University of Texas School of Law professor Tom McGarity lays out the potential problems for …

March 2, 2015 by Daniel Farber
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The Republicans’ choice for head of the CBO, Keith Hall, spent some time at a libertarian think tank reportedly funded by the Koch brothers, where he wrote about the effect of regulation on employment. Hall argued that regulations cause unemployment (include indirect effects because of price changes), and that the costs of unemployment should be included in regulatory cost-benefit analysis.

In principle, it seems right to include the special harms associated with job loss in cost-benefit analysis (not just for regulations but everything else too).  There’s all kinds of evidence that being fired or laid off is very damaging to people, and that’s a genuine cost — assuming that we can reliably quantify the effect.  As Hall has said:

“The immediate impact of job loss includes lost wages, job search costs, and retraining costs. Further, research shows that even after reemployment it can take as long …

Feb. 27, 2015 by James Goodwin
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In keeping with an apparent effort to hold an antiregulatory hearing on any and all days ending in “y,” Congressional Republicans have teed up yet another humdinger for Monday, March 2. That’s when the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Administrative law will take a closer look at three more antiregulatory bills that have been recycled from previous congresses, including the Responsibly and Professionally Invigorating Development Act of 2015 (RAPID Act), the Sunshine for Regulatory Decrees and Settlements Act of 2015 (SRDSA), and the Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2015 (SCRUB Act).  And by “take a closer look,” I mean “recite tired free market platitudes en route to their predetermined conclusion that the passage of these three bills is the only way to prevent regulation-induced economic disaster.”

Others and I have written about all three of …

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