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Jan. 14, 2015 by James Goodwin

GAO Debunks Republicans' 'Sue and Settle' Myth

Today, Rep. Fred Upton and the rest of his anti-environmental allies on the House Energy and Commerce Committee are probably suffering from a stingingbout of buyers' remorse as the Government Accountability Office report they requested didn't deliver the answer they were seeking.   The Commerce Committee hoped to demonstrate that “In many instances, EPA has entered into settlements or consent decrees committing the agency to undertake significant new rule-makings subject to specific timelines or schedules, including rule-makings that may result in substantial new compliance costs.” Instead, what they got was the truth. Settlement agreements are rarely used.  When they are used, they are simply requiring the Agency to complete a rule it is already mandated to complete by Congress. The timing of the report is impeccable as the U.S. Chamber of Commerce President Thomas Donohue spent a great deal of time this morning railing against so-called "sue and settle" tactics and calling for Congress to undertake forms to address it. What the GAO found was that several environmental laws do allow citizens to sue the Environmental Protection Agency (EPA) when it fails to take certain specified actions according to certain specified deadlines.   These suits do not result in …

Jan. 13, 2015 by Sidney Shapiro
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Today, the House of Representatives voted to pass the Regulatory Accountability Act of 2015, which would amend the Administrative Procedure Act (APA) to add over 74 new procedural requirements to the rule-making process, including more than 29 new “documentation” requirements.  The goal of administrative procedure is to ensure that the government’s adoption of regulation is accountable and fair, but not at the expense of hamstringing the ability of agencies to fulfill the public interest.  The House obviously has no such concern.  Agencies already take four to eight years to promulgate any type of complex and controversial regulation, and the new requirements would add another two to three years or more to the process.  House Republicans voted today to delay clean air, clean water, safer workplaces, and less toxic products for their constituents. In addition, they have given Wall Street a green light to re-engage in behavior …

Jan. 9, 2015 by Erin Kesler
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This week, House Republicans re-introduced the “Regulatory Accountability Act of 2015,” (H.R. 185).

Proponents of the bill are claiming that it would “modernize” the rule-making process and streamline government inefficiencies.

In fact, the RAA would bog down attempts by federal agencies to protect our health, safety and environment in red tape by adding over 74 new requirements to the rule-making process, including over 29 new “documentation” requirements. 

Center for Progressive Reform Senior Analyst James Goodwin compiled a list of all the potential requirements for agency rule-making included in the bill. Goodwin notes that, “most of the requirements are nonsensical that at best add nothing to the rulemaking process—and at worst distract agencies from those considerations that would lead to better quality rules.”

The full, damning list is copied below.  Adding extensive paperwork and bureaucratic burdens to the rule-making process would threaten the President’s initiative …

Dec. 23, 2014 by Matt Shudtz
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We are closing out the “Path to Progress” series for this year with a potential bright spot. In its Fall 2014 Regulatory Agenda, the Obama Administration set a target date of March 2015 for finalizing new rules designed to prevent and minimize the consequences of derailments in trains carrying crude oil and other highly hazardous materials. If the Department of Transportation is able to accomplish that feat, it would beat even our own proposed schedule—a welcome achievement. We are looking forward to seeing that entry on our arrivals board turn over to “arrived.”

We’re looking forward to it because crude shipments by rail continue to expand, and millions of us are living in a blast zone.

As our 13 Essential Regulatory Actions explains, domestic crude production is booming (at least for now) because of this administration’s regulatory acquiescence to—and the oil industry’s …

Dec. 17, 2014 by Rena Steinzor
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CPR President Rena Steinzor issued the following statement in response to today's announcement that a grand jury had indicted owners and managers of Freedom Industries in connection with the massive leak of 4-methylcyclohexanemethanol (MHCM) that fouled the Elk River and triggered a drinking water ban for 300,000 residents earlier this year:

Booth Goodwin continues to distinguish himself as a tough prosecutor who is willing to use the law to punish and deter those who threaten public health.  Because this harsh chemical was never tested, we know that public health was damaged but not exactly how people were harmed or, for that matter, how much harm was done.  The spill destroyed the peace of mind of tens of thousands of people and put everyone on bottled water for weeks.  For that, the defendants should pay, with jail time and fines.

Steinzor is a professor of law …

Dec. 15, 2014 by Rena Steinzor
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We’ll soon learn the results of White House deliberations over EPA’s long-delayed coal ash rule, one of the Essential 13 regulatory initiatives we’ve called upon President Barack Obama to complete before he leaves office.  Under the terms of a consent decree, EPA is required to issue its new rule by Friday, December 19. As glad as we are to see this phase of the rule’s tortuous odyssey come to a close, we suspect that court, not a victory party, will be the public interest community’s next stop, despite a late-entry exposé aired by 60 Minutes last week. 

In the universe of self-inflicted environmental wounds over the last two decades, any “10 best” list must include the brilliant decision to make operators of coal-fired power plants scrub smokestacks to keep mercury, arsenic, cadmium, and lead particles out of the air but neglecting to …

Dec. 5, 2014 by Anne Havemann
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This week and next, CPR is using this space to highlight several key regulatory safeguards meant to ensure that the nation’s rivers, lakes, and streams are protected from damaging pollution—rules that are currently under development by the Environmental Protection Agency (EPA) and included in our recent Issue Alert, Barack Obama’s Path to Progress in 2015-16: Thirteen Essential Regulatory Actions. Today’s post will highlight the pressing need to rein in stormwater pollution, while also examining some of the challenges the EPA must overcome as it drafts the rules by focusing on Maryland’s experience regulating the pollution source.

As rainwater flows over streets, parking lots, and rooftops and other impervious surfaces, it picks up a potent cocktail of pollutants that includes oil and grease from parking lots, pesticides and herbicides from lawns, and everything in between. This polluted stormwater makes its way through gutters …

Dec. 3, 2014 by Erin Kesler
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Today the President addressed the Business Roundtable on the subject of regulation.

When speaking about revising current regulations, he spoke about the need to keep child labor laws.

According to CPR Executive Director Matt Shudtz:

The President was right to start his remarks with the clear examples of how strong (or to the business lobby, “costly”) regulations save lives and improve the environment. There are hundreds more where they came from, including our labor laws. That’s what makes his later statement about child labor laws so jarring. Keep in mind, this is the same president whose administration pulled back a proposal that would have saved kids from green tobacco poisoning and dangerous farm equipment. He needs to do more than keep the laws on the books—he needs to be moving forward with new rules that address the many hazards that are currently unregulated.

Dec. 2, 2014 by Matt Shudtz
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This Giving Tuesday, I hope you'll consider donating to the Center for Progressive Reform. We've had a banner year and are looking forward to many great things in 2015.

Above all, CPR's staff and Member Scholars promote a positive and progressive vision for environmental policy and workers' rights. We need your support to continue that work.

Two days after the midterm elections, we released "Barack Obama's Path to Progress," an Issue Alert laying out an affirmative and politically realistic vision for real progress over the next two years. The Alert identifies 13 essential regulatory actions that the President can and should finish before he leaves office, steps that allow him to save thousands of lives, lock in significant environmental gains, and leave a solid legacy on the regulatory front. Importantly, finalizing these rules is entirely within the province of the Executive Branch, so …

Nov. 26, 2014 by James Goodwin
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As I noted in an earlier post, families and friends all across the United States will gather to observe the Thanksgiving holiday tomorrow.   Compared to many other countries, we are lucky that during such occasions we are able to focus on the celebrations enjoyed in the company of our loved ones—and not have to worry so much about whether the meal might cause a foodborne illness.  This is because, while far from perfect, the United States has one of the best food safety systems in the world.

With the food supply chain becoming increasingly globalized, however, a strong system for ensuring the safety of domestically produced foods is no longer enough.  Already, 15 percent of the food consumed in the United States is imported.  Imports make up 91 percent of our seafood, 60 percent of our fruits and vegetables, and 61 percent of our honey.   Unfortunately …

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