Final Comments on Obama Regulatory Review Process

Robert L. Glicksman is the J. B. and Maurice C. Shapiro Professor of Environmental Law at the George Washington University Law School. He is a member of the board of directors of the Center for Progressive Reform.

Professor Glicksman has expertise in both of the two main branches of environmental law, pollution control and public natural resources law.  His recent research has focused largely on climate change issues, public natural resources issues, and the intersection of the two. He has taught three different environmental law courses -- a survey course covering both of these branches and more specialized courses in regulation of air and water pollution and toxic substances and hazardous waste regulation. He also regularly teaches property law (including regulatory takings cases involving environmental controls) and administrative law. Professor Glicksman has written on all of these topics for more than 25 years.

Professor Glicksman worked in private practice for four years after graduating from the Cornell Law School. He practiced for Cleary, Gottlieb, Steen & Hamilton, a nationally recognized law firm with an office in Washington, D.C., serving industrial clients in the energy and chemical industries. Professor Glicksman returned to private practice in 1993-94 while on leave from the University of Kansas. During that time, he worked for Lowenstein Sandler, a firm in Roseland, N.J. with a thriving environmental law practice, providing advice to clients on hazardous waste-related issues.

In addition to his experiences in private practice, Professor Glicksman served as a consultant to the Secretariat for the Commission for Environmental Cooperation. The CEC is an international organization established by the North American Agreement on Environmental Cooperation (the environmental side agreement to NAFTA) on issues pertaining to the resolution of international disputes among Canada, Mexico, and the United States on issues of both domestic and international environmental law. Professor Glicksman's role was to provide advice concerning the proper disposition of submissions by NGOs seeking a finding by the CEC that the signatory parties have failed to effectively enforce their environmental laws.

Professor Glicksman has published widely in the areas of pollution control, public natural resources management, and administrative law. His book Risk Regulation At Risk: Restoring a Pragmatic Balance (Stanford University Press 2003, with Sidney Shapiro), takes issue with the notion that economic efficiency should be the sole or even principal criterion governing the establishment and implementation of laws and regulations designed to reduce the health and environmental risks attributable to industrial activities. The authors urge instead a pragmatic approach to risk regulation that takes into account other values. Professor Glicksman is the lead co-author of an environmental law casebook, Environmental Protection: Law and Policy (Aspen Law and Business), now in its fifth edition (with Professors Markell, Buzbee, Mandelker, and Tarlock). Professor Glicksman is also the co-author (with George C. Coggins) of the leading treatise on public land and resource management, Public Natural Resources Law, (now in its second edition), as well as a student nutshell on the same subject, Modern Public Land Law (now in its third edition). He has also contributed a chapter entitled, “Federal Preemption by Inaction,” in Preemptive Choice: The Theory, Law, and Reality of Federalism’s Core Question, 2009, edited by fellow CPR Member Scholar William Buzbee, and “Environmental Law,” in Kansas Annual Survey, 2007.

Professor Glicksman's law review articles have been published in journals that include the Pennsylvania Law Review, the Northwestern University Law Review, the Duke Law Journal, the Vanderbilt Law Review, the Wake Forest Law Review, the Columbia Journal of Environmental Law, the Stanford Environmental Law Journal, the UCLA Journal of Environmental Law and Policy, the Virginia Environmental Law Journal, the Boston College Environmental Affairs Law Review, the William & Mary Environmental Law & Policy Review, the Oregon Law Review, the Loyola Law Review, The Administrative Law Review, the Chicago-Kent Law Review, and the Denver University Law Review. Two of Professor Glicksman's articles on judicial review of environmental decision-making (co-authored with Christopher Schroeder, a CPR Board member), have been singled out for recognition as the best in the field for a particular year and have been republished in the Land Use & Environment Law Review. A third article by Professor Glicksman on regulatory takings was also republished in that review. Another of Professor Glicksman's articles, on the Supreme Court and its treatment of environmental law issues, was designated in 1994 by Professor William Rodgers of the University of Washington as one of the 25 best environmental law articles ever written.

Professor Glicksman was instrumental in the expansion of the environmental law curriculum at the University of Kansas School of Law. He helped to establish a certificate program in environmental and natural resources law. He is now the J.B. & Maurice C. Shapiro Professor of Environmental Law at the George Washington University Law School. 

Robert Glicksman
The George Washington University Law School
2000 H Street, N.W.
Washington, DC 20052
202.994.4641

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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
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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
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Amy Sinden is a Professor of Law at the Temple University Beasley School of Law in Philadelphia. She has been a visiting professor at the University of Pennsylvania Law School and at the Temple-Tsinghua Masters of Law program in Beijing, China.

Professor Sinden has taught, lectured, and written in the areas of environmental law, natural resources law, regulatory design, and cost-benefit analysis, human rights, and climate change. 

Before joining the Temple Law School faculty in 2001, Professor Sinden served as senior counsel for Citizens for Pennsylvania's Future, handling litigation on behalf of PennFuture and other citizens' and environmental groups. Prior to this position, she was an associate attorney for Earthjustice Legal Defense Fund (formerly the Sierra Club Legal Defense Fund) in Seattle, Washington, where she represented a range of environmental, fishing, and other groups in litigation focusing on endangered species, clean water, and water conservation issues. In addition to her involvement with environmental issues, Professor Sinden was an attorney at Community Legal Services in Philadelphia, where she represented parents in civil child abuse and neglect proceedings, and advocated on behalf of welfare recipients seeking job training and education. Professor Sinden served twice as a law clerk, first for Judge John F. Gerry of the U.S. District Court for the District of New Jersey, and later for Judge Dolores K. Sloviter of the U.S. Circuit Court of Appeals for the Third Circuit. Professor Sinden graduated summa cum laude from the University of Pennsylvania Law School in 1991.

Professor Sinden's recent academic writings have criticized the misuse of economic theory in environmental law, arguing against the use of cost-benefit analysis in environmental standard setting and countering claims that private property rights can solve environmental problems in the absence of government regulation. She has also written about the application of classical human rights norms to environmental conflicts. Recent publications include Formality and Informality in Cost-Benefit Analysis, 2015 Utah L. Rev. 93, The Missing Instrument: Dirty Input Limits, 33 Harv. Envtl. L. Rev. 65 (2009), with fellow CPR Member Scholar David Driesen, Cost-Benefit Analysis: New Foundationas on Shifting Sand, 3 Reg. & Governance 48 (2009), with Douglas Kysar and David Driesen, The Tragedy of the Commons and the Myth of a Private Property Solution, 78 U. COLO. L. REV. 533 (2007).

Amy Sinden
Temple University Beasley School of Law
Philadelphia, PA 
215.204.4969
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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
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Robert R.M. Verchick holds the Gauthier ~ St. Martin Eminent Scholar Chair in Environmental Law at Loyola University New Orleans, is the Faculty Director of the Center for Environmental Law at Loyola, and is a Senior Fellow in Disaster Resilience Leadership, Tulane University. He is the President of the Center for Progressive Reform.

Verchick is an expert in climate change law, disaster law, and environmental regulation. In 2009 and 2010, he served in the Obama administration as Deputy Associate Administrator for Policy at the U.S. Environmental Protection Agency. In that role he helped develop climate adaptation policy for the EPA and served on President Obama's Interagency Climate Change Adaptation Task Force. In the fall of 2012, he researched climate adaptation policies in India as a Visiting Scholar at the Centre for Policy Research in New Delhi, supported by a Fulbright Award.

His work has appeared in many venues, including the California Law Review, the Southern California Law Review, and the environmental law journals at Harvard, Stanford, and Berkeley. He is an author of three books, including the award-winning, Facing Catastrophe: Environmental Action for a Post-Katrina World (Harvard University Press 2010). Professor Verchick has taught as a visitor at several schools, including Peking University (China) and Aarhus University (Denmark), and has received several teaching awards. He has lectured across the United States, Europe, and Asia

Robert R.M. Verchick
Loyola University New Orleans
New Orleans, LA
504.861.5472
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