From Ship to Shore: Reforming the National Contingency Plan to Improve Protections for Oil Spill Cleanup Workers

Rebecca M. Bratspies is Professor of Law at the CUNY School of Law in New York City.

Professor Bratspies has taught Environmental Law, Natural Resources Law, International Environmental Law, Property, Administrative Law, and Lawyering. She holds a J.D. cum laude from the University of Pennsylvania Law School and a B.A. in Biology from Wesleyan University. She has fused these skills into concerns about the environment, with a particular emphasis in genetically-modified crops, about which she has frequently written and presented.

Before teaching, Professor Bratspies served as a legal advisor to Taiwan's Environmental Protection Administration, interpreting international treaties, representing TEPA in settlement negotiations, advising on American laws and practices, presenting seminars on United States constitutional jurisprudence. She also served as a special adjunct attorney in Taiwan's Ministry of Justice. After returning from Taiwan, Bratspies practiced environmental, commercial, and class action litigation with a private firm. Major pro bono experience included two successful class action suits challenging Pennsylvania's implementation of welfare reform.

Professor Bratspies began her legal career as a law clerk to Judge C. Arlen Beam, United States Court of Appeals for the Eighth Circuit. She returned to academia in 1998 at New York University School of Law and then to the University of Idaho College of Law in 2001. During the 2003-2004 academic year, she served as Visiting Associate Professor of Law at Michigan State University-DCL, East Lansing, Michigan.

Professor Bratspies has recently published two books: Progress in International Institutions (with Russell Miller) (Martinus Nijoff: 2007), and Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration (with Russell Miller) (Cambridge University Press: 2006). Additionally, Bratspies has written in the areas of the human right to a healthy environment, sustainable fisheries management, regulation of genetically modified crops and the role of trust in regulatory systems. 

Rebecca Bratspies
CUNY School of Law
Flushing, NY
718.340.4505
email
website
 

Alyson Flournoy is Professor of Law at the University of Florida Levin College of Law in Gainesville.

Professor Flournoy has taught various environmental law courses including the environmental law survey course, Advanced Environmental Law and Litigation (a simulation-based skills course emphasizing the pre-trial phase), Comparative Environmental Law, and seminars on environmental law, as well as Administrative Law and Property. She also collaborated with colleagues from Environmental Engineering and Medicine to develop and teach an inter-disciplinary course on Environmental Ethics. In addition to teaching in the United States, she has taught environmental law at Warsaw University as part of the Introduction to American Law Program, and has taught comparative environmental law to classes that included students from France and Latin America in UF Summer Study Abroad Programs in France and Costa Rica. She has supervised LL.M. research on environmental law topics by Comparative Law graduate students from Taiwan, South Korea and Brazil. 

Since 1990, Professor Flournoy has served as a Trustee of Florida Defenders of the Environment (FDE), one of Florida's longest established and best respected conservation groups. She served on the Executive Council of the Board from 1993 to 1995 and as President of the Board of Trustees from 1995 to 1998. FDE was founded in 1969 by citizens who recognized the potentially devastating effects of the proposed Cross Florida Barge Canal. FDE forged a coalition of volunteer specialists from science, economics and law who led the successful effort to halt the project. FDE's work led to the creation of the Marjorie Harris Carr Cross Florida Greenway on lands initially condemned for the Barge Canal. Since that time, FDE has continued its strategy of bringing reliable information to the attention of decision-makers and the public in its ongoing work to restore the Ocklawaha River and to protect Florida's other natural resources. Professor Flournoy also served on a University of Florida Sustainability Task Force charged by President Charles Young to make recommendations on how to make the University of Florida a leader in sustainability. She chaired the effort to create the Environmental and Land Use Law Program and has served as its Director since its inception in 1999.

Professor Flournoy began her legal career in 1983 as a law clerk to Chief Justice Robert Wilentz of the New Jersey Supreme Court. Following her clerkship, she practiced with the firm of Covington and Burling in Washington, D.C., specializing in environmental law. Her work included matters under the Clean Air and Clean Water Acts, the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the Toxic Substances Control Act and the National Environmental Policy Act. She also spent six months through the firm's pro bono program working in a Neighborhood Legal Services Program office in Washington, where she handled a variety of housing, benefits and other cases on behalf of indigent clients.

Professor Flournoy's scholarship focuses on environmental ethics, decision-making processes under environmental and natural resource laws, and on the intersection of science and law. She has addressed these themes in writings about endangered species and forest management, wetlands conservation and restoration, and regulation of toxic substances. Her most recent work focuses on the importance of identifying the values that are embedded in the nation's environmental laws and policies.

Professor Flournoy is a member of the Executive Committee of the Environmental Law Section of the American Association of Law Schools. She also serves as an Advisor to the Natural Resources Leadership Institute, an organization founded to help rising leaders develop the skills to help build consensus on contentious environmental issues.

Alyson Flournoy
University of Florida
Levin College of Law
Gainesville, FL 
352.273.0945
email
website

Thomas O. McGarity holds the Joe R. and Teresa Lozano Long Endowed Chair in Administrative Law at the University of Texas in Austin. He is a member of the board of directors of the Center for Progressive Reform, and a past president of the organization.

Professor McGarity has taught and written in the areas of Administrative Law, Environmental Law, Occupational Safety and Health Law, Food Safety Law, Science and the Law, and Torts for twenty-five years.

While in academia, McGarity has served as a consultant and/or advisor to the Administrative Conference of the United States, the Office of Technology Assessment of the U.S. Congress (OTA), the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration (OSHA), the Texas Department of Agriculture, and the Texas Natural Resource Conservation Commission. With Professor Sidney A. Shapiro, Professor McGarity designed and helped initiate a rulemaking prioritization process for OSHA rulemaking during the early 1990s. As a consultant to OTA, Professor McGarity helped write the "Regulatory Tools" report that agencies have frequently cited in designing regulatory programs. As a consultant to the Texas Department of Agriculture, McGarity was a primary draftsperson of that agency's first farmworker protection regulations in the late 1980s. During the mid-1990s, he was also actively involved in the drafting of and negotiations surrounding the federal Food Quality Protection Act.

Professor McGarity began his legal career in the Office of General Counsel of the Environmental Protection Agency. In the private sector, Professor McGarity has served as counsel or consultant in various legal and administrative proceedings to the Natural Resources Defense Council, Public Citizen, the Sierra Club, the American Lung Association, the National Audubon Society, Texas Rural Legal Aid, California Rural Legal Aid, and many local organizations, including, for example, The Bear Creek Citizens for the Best Environment Ever. McGarity has also served on many advisory committees for such entities as the U.S. Environmental Protection Agency, the Office of Technology Assessment, and the National Academy of Sciences.

Professor McGarity has published widely in the areas of regulatory law and policy. His book Reinventing Rationality analyzes the advantages and disadvantages of cost-benefit analysis in regulatory decision-making and describes the use of such regulatory impact assessments by federal agencies and the Office of Management and Budget during the Reagan Administration. Workers at Risk, co-authored with Sidney A. Shapiro, describes rulemaking, implementation and enforcement in the Occupational Safety and Health Administration from its inception in 1970 through 1990. The book then analyzes OSHA's strengths and weaknesses and makes many recommendations for improving standard-setting and enforcement. McGarity's casebook, The Law of Environmental Protection, co-authored with John Bonine, has been used in introductory Environmental Law courses at law schools throughout the country. His relatively recent books include The Preemption War: When Federal Bureaucracies Trump Local Juries, Yale University Press 2008, and Bending Science: How Special Interest Corrupt Public Health Research, Harvard University Press 2008, co-authored with fellow CPR Member Scholar Wendy Wagner.

Professor McGarity has published dozens of articles on environmental law, administrative law, and toxic torts in prominent law reviews, such as the Harvard Law Review, Chicago Law Review, Pennsylvania Law Review and Law & Contemporary Problems, as well as in specialty journals, such as the Administrative Law Review, the Harvard Environmental Law Review, Risk, and the Kansas Journal of Law & Public Policy, and consumer magazines like the American Prospect and the Hastings Center Report. McGarity has written on federal regulation of biotechnology since the advent of the commercialization of recombinant DNA techniques, and his article in the Duke Law Journal on the "ossification" of the federal rulemaking process, which elaborates on the dangers of encumbering the process of promulgating health and environmental rules with burdensome analytical requirements and review procedures, is frequently cited in the recurrent "regulatory reform" debates.

Professor McGarity has been an active participant in efforts to improve health, safety and environmental quality in the United States. He has testified before many congressional committees on environmental, administrative law, preemption of state tort laws in cases involving medical devices, and occupational safety and health issues. During the first session of the 104th Congress (the "Gingrich" Congress), Professor McGarity was frequently the lone representative of the view that federal regulation had an important role to play in protecting public health and the environment on panels testifying before House and Senate Committee considering "regulatory reform" legislation. Professor McGarity has also participated in path-breaking legal challenges to government inaction like Environmental Defense Fund v. Blum (a challenge to EPA's decision to allow further use of the carcinogenic pesticide mirex through emergency use exemptions) and Les v. Reilly (a challenge to EPA's failure to establish protective tolerances for eight carcinogenic pesticides). As a result of the latter litigation, the pesticide industry was forced to accept the greater protections afforded children in the Food Quality Protection Act of 1996. 

Thomas McGarity
The University of Texas School of Law
Austin, TX
512.232.1384
email
website

Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law and is the Associate Dean for Research and Development. He is a member of the board of directors of the Center for Progressive Reform.

Professor Shapiro has taught and written in the areas of Administrative Law, Regulatory Law and Policy, Environmental Policy, and Occupational Safety and Health Law for 25 years.

While in academia, Shapiro has served as a consultant to the Administrative Conference of the United States (ACUS), the Office of Technology Assessment of the U.S. Congress (OTA), and the U.S. Occupational Safety and Health Administration (OSHA). With Professor Thomas O. McGarity, Professor Shapiro designed and helped initiate a rulemaking prioritization process for OSHA rulemaking during the early 1990s. As a consultant to OTA, Professor Shapiro assessed various regulatory tools or options that agencies can use to implement regulation. As a consultant to ACUS, Professor Shapiro studied the efficacy of the regulatory process at EPA (noise control), OSHA, and the Food and Drug Administration (FDA).

Professor Shapiro began his legal career as a trial attorney in the Bureau of Competition of the Federal Trade Commission and later worked as the Deputy Legal Counsel, Secretary's Review Panel on New Drug Regulation at the Department of Health, Education and Welfare.

Professor Shapiro has published widely in the areas of regulatory law and policy. He co-authored The People’s Agents and the Battle to Protect the American Public: Special Interests, Government, and Threats to Health, Safety, and the Environment, with CPR President, Rena Steinzor. This book reviewed years of government actions and inactions leading to the decline of the five protector agencies. His book, Risk Regulation at Risk: Restoring a Pragmatic Approach, analyzes health and safety and environmental protection laws and policy, and argues for a pragmatic approach to policy in these areas instead of using economic analysis to set regulatory goals. Workers at Risk, co-authored with Thomas O. McGarity, describes rulemaking, implementation and enforcement in the Occupational Safety and Health Administration from its inception in 1970 through 1990. The book analyzes OSHA's strengths and weaknesses and makes many recommendations for improving standard-setting and enforcement. Shapiro's casebook, Administrative Law and Procedure: A Problem Approach, co-authored with William Funk and Russell Weaver, is used in administrative law courses at law schools throughout the country. His casebook, Regulatory Policy and Law, is the first of its kind, and is used to train lawyers to evaluate and advocate for public policy.

Professor Shapiro has published dozens of articles on regulatory policy, health and safety laws, environmental law and administrative law in prominent law reviews, such as the Harvard Law Review, Duke Law Journal and the Wake Forest Law Review, as well as in specialty journals, such as the Administrative Law Review and the Ecology Law Quarterly.

Professor Shapiro has been an active participant in efforts to improve health, safety and environmental quality in the United States. He has testified before congressional committees on administrative law and occupational safety and health issues. He has worked with various public interest groups in advisory and support capacities, including Public Citizen Global Trade Watch, Public Citizen Congress Watch, and OMB Watch. 

Sidney Shapiro
Wake Forest University School of Law
Winston-Salem, NC
336.758.7320
email
website

Rena Steinzor is the Edward M. Robertson Professor of Law at the University of Maryland Francis King Carey School of Law, and a past president of the Center for Progressive Reform. She is the author of Why Not Jail? Industrial Catastrophes, Corporate Malfeasance, and Government Inaction.

Professor Steinzor has taught an environmental law survey course, seminars in risk assessments and critical issues in environmental law and science, administrative law, contracts, torts and counseling and negotiation. She has written in the areas of (1) regulatory dysfunction in agencies assigned to protect public health, worker and consumer safety, and the environment; (2) the role of centralized White House review on the protectiveness of regulation; (3) environmental federalism, including so-called "unfunded mandates" imposed on state and local governments by the federal government and the impact on public health of devolving authority and responsibility for solving environmental problems; (4) the implications of industry self-regulation on the protection of the environment and human health; (5) "market-based" alternatives to traditional regulation; and (6) political interference with regulatory science.

She is the editor, with Christopher Schroeder, of the CPR-sponsored book A New Progressive Agenda for Public Health and the Environment, published by Carolina Academic Press. She is also the editor, with Wendy Wagner, of the book Rescuing Science from Politics, published by Cambridge University Press in 2006. Her book, Mother Earth and Uncle Sam: How Pollution and Hollow Government Hurt Our Kids was published by the University of Texas Press in December 2007. With Professor Sidney Shapiro of Wake Forest Law School, she co-authored The People’s Agents and the Battle to Protect the American Public: Special Interests, Government, and Threats to Health, Safety, and the Environment published by the University of Chicago Press in 2010.

Professor Steinzor began her legal career in 1976, and entered academia in January 1994. From 1987 through 1993, she was associated - first as "of counsel" and ultimately as the partner in charge of the environmental practice - at Spiegel & McDiarmid, a 45-lawyer, Washington, D.C. firm representing approximately 400 cities, counties, states, and public agencies in the energy, environmental, communications, and transportation fields. The practice counseled federal, state, and municipal clients regarding compliance with federal and state laws and regulations.

Prior to joining Spiegel & McDiarmid, Professor Steinzor served as Staff Counsel, Subcommittee on Commerce, Transportation, and Tourism of the Energy and Commerce Committee, U.S. House of Representatives (James J. Florio, Chairman). She was the primary staff person responsible for legislation that became the "Superfund Amendments and Reauthorization Act of 1986" (Public Law 99-499) and the "Asbestos Hazard Emergency Response Act" (Public Law 99-519). She also prepared legislation to reauthorize the Toxic Substances Control Act during the 98th Congress.

Professor Steinzor has testified before Congress on several occasions, most recently regarding the impact of health, safety, and environmental regulations on the economy.

Rena Steinzor
University of Maryland Carey School of Law
Baltimore, MD
410.706 0564
email
website

Matthew Shudtz, J.D., is the former Executive Director of the Center for Progressive Reform. He joined CPR in 2006 as policy analyst, after graduating law school with a certificate in environmental law, and left the organization in 2020 to see to family needs amidst the coronavirus pandemic. As a staff attorney in the Environmental Law Clinic, he worked on litigation with the Environmental Integrity Project that led to a consent decree in which the Mirant Corporation agreed to comply with newer, more stringent opacity and particulate matter standards for its Chalk Point generating station, one of the largest power plants in Maryland.

Mr. Shudtz’s prior experience in the public interest field also includes work for the Natural Resources Defense Council, where he was a legal intern. While at NRDC, he provided research and drafting support in FIFRA and CAA litigation, and CWA regulatory affairs. He also worked as a legal/legislative intern at the Chesapeake Bay Foundation during the 2005 Session of the Maryland General Assembly. He received his J.D. from the University of Maryland and a B.S. from Columbia University.

Contact Information: 202.747.0698 ex. 1 email