CPR Archive for Emily Hammond

Pending House Bill Would Drastically Limit State Protections for Public Health, Safety, Environment

by Emily Hammond | July 25, 2017

The newest dangerous proposal filtering through Congress is H.R. 2887, the "No Regulation Without Representation Act of 2017." Packaged as a prohibition on states regulating outside of their borders, the bill is a Trojan horse that usurps the states' role in the federal system and threatens their ability to protect their own citizens from harm. The House Committee on the Judiciary's Subcommittee on Regulatory Reform, Commercial and Antitrust Law is taking up the bill in a hearing today, July 25, and Center for Progressive Reform Member Scholars have submitted a letter opposing the bill. 

Poor drafting obscures impact 

The bill itself is challenging to read. It is poorly drafted and hides its true impact behind generic terminology and rabbit-hole definitions. Here is a summary of the key language – after which a concrete example helps demonstrate its meaning. 

The bill contains a prohibition: states may not regulate a person's activity in interstate commerce unless that person is physically present in the state when the regulation is imposed. (The bill also includes a tax prohibition, which is not addressed in this post.) The term "regulate" is defined as imposing a "standard or requirement on the production, manufacture or post-sale disposal of any [out-of-state] product sold or offered for sale in interstate commerce as a condition of sale" when the standard or requirement is "in addition to" federal law or that of the state where ...

Trump's Executive Order on Climate Policy Rollbacks, Annotated

by Emily Hammond | March 29, 2017
Donald Trump's anti-climate action executive order is, as CPR President Rob Verchick puts it, a classic act of bullying. As I describe in an annotated version of the order, it is also irrational, failing to achieve the very aims it purports to support while inflicting damage to our climate, environment, natural resources, wildlife, and yes – even our coal miners.  In the annotation, I walk through each section of the order, providing an analysis and commentary on just what it ...

The Importance of the Murray Energy Case and Administrative Procedure

by Emily Hammond | April 21, 2015
Last week, the D.C. Circuit heard oral argument on a highly unusual attempt to short-circuit EPA’s rulemaking process for greenhouse gas regulation of existing power plants.  Despite statutory and constitutional hurdles to premature litigation, the petitioners—the coal-fired industry and coal-producing states—argued that the importance of the proposed rule justifies court intervention. The rule’s importance is precisely why it is critical that the agency complete the administrative process. That industry groups will file lawsuits over EPA’s greenhouse gas initiatives is unremarkable.  ...

Power Plant Regulation and the Rhetoric of Reliability

by Emily Hammond | March 15, 2013
The coal-fired power plant industry has always fought air-emissions standards enacted pursuant to the Clean Air Act (CAA).  But the industry has increasingly raised the specter of reliability problems, arguing that EPA’s recent “tsunami” of regulations will cause a “train wreck,” forcing companies to retire aging plants so rapidly that lost capacity will outpace the development of new sources.  The result, they maintain, will be such an unmanageable strain on the regional grids that they will have to impose brownouts ...

Keeping the Independent Agencies Independent

by Emily Hammond | September 13, 2012
The proposed Independent Agency Regulatory Analysis Act, S. 3468, is a troubling idea. As Rena Steinzor explained here when the bill was introduced, it would authorize the President to bring independent agencies under the purview of OIRA.  This proposal is worrisome given the persistent flaws inherent in OIRA’s cost-benefit approach; extending the reach of a poorly functioning process is hard to justify.  But even more problematic is where S. 3468 treads:  the domain of independent agencies.  This development calls for ...

Also from Emily Hammond

 Emily Hammond is a Professor of Law at the George Washington University Law School.

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