CPR Archive for Shana Campbell Jones

Skipping Rulemaking Process with Backroom Fuel Economy Deal, White House Opened Itself to Darrell Issa's Attack

by Shana Campbell Jones | August 01, 2011

Amy Sinden and Lena Pons explained in this space on Friday morning how the White House’s fuel economy deal with the auto industry bypassed the rulemaking process and the agency experts charged with determining the “maximum feasible” standard under the law. Late Friday, Rep. Darrell Issa, chair of the House Oversight and Government Reform Committee, joined the fray, promising an investigation of the process. (And we didn’t even know he was a reader of CPRBlog!)

Chairman Issa’s notion that the deal between the White House and automakers was too stringent is absurd, of course. But his stated concern about “the agreement’s lack of transparency, the failure to conduct an open rulemaking process” is absolutely correct.

There’s not much room for doubt that Mr. Issa’s real interest here is in weakening the fuel economy standards, and the administrative process argument is just the tool at hand.

But there’s a lesson here for the White House: By circumventing the rulemaking process in favor of a backroom deal, the Administration left itself vulnerable to Issa and others who will seize on any procedural failing to try to block progress on fuel economy standards. You follow the administrative process because you’re vulnerable to a challenge if you don’t. The irony is that the White House thought getting a deal with the automakers was exactly what they needed to make the plan a done deal. Darrell Issa is going to try to make ...

BPA, the Chamber of Commerce, and a Summer Road Trip to Remember

by Shana Campbell Jones | July 05, 2011
Let’s go on a road trip. Whether it’s the beach or the mountains, we all know what going on a road trip means: great memories, possible adventure, time to mosey around the country we love. The Chamber of Commerce is also planning a road trip this summer, headed by former Sen. Evan Bayh (D-IN) and Andrew Card, George W. Bush’s former chief of staff. But fun and relaxation are not on the itinerary. Regulations that could protect our children are. At ThinkProgress, CPR Member Scholar ...

Scholarship Round-Up: New Directions in Environmental Law

by Shana Campbell Jones | August 19, 2010
Last week, the Washington University Journal of Law and Policy published New Directions in Environmental Law, a symposium issue featuring articles from six CPR Member Scholars.   The articles explore how lessons learned from first generation environmental statutes should be applied to future legislation in order to accomplish the original goals of the environmental movement. Dan Tarlock, in Environmental Law: Then and Now, describes how the symposium was organized to analyze first generation environmental statutes to raise provocative questions about the ...

Big Chicken Loses Round One in Groundbreaking Water Pollution Case

by Shana Campbell Jones | July 22, 2010
Thanks to a strong ruling from a federal judge in Baltimore Wednesday, large poultry companies are one step closer to being held accountable for the pollution (manure) the small farms that grow chickens for them generate. Responsibility: it’s not just for the little guys anymore. In March, several environmental groups in Maryland sued Perdue Farms, Inc. and Hudson Farm, a chicken farm that raises Perdue’s chickens, alleging violations of the Clean Water Act. (I blogged earlier about the political brouhaha ...

Chesapeake Bay Bill Amended and Passed out of Committee

by Shana Campbell Jones | June 30, 2010
Senator Cardin's bill to reauthorize the Chesapeake Bay program passed a committee vote this morning, though not before significant amendments were made (see Baltimore Sun, E&E). We'll have more on the specifics in the future. But for now it's worth noting that one of the amendments takes away EPA’s authority to write permits for nonpoint sources, a much-needed tool in EPA’s toolbox to bolster accountability if the states fail to address nonpoint source pollution. It’s too bad that, once again, ...

Senator Cardin's Chesapeake Bay Bill Headed to Mark-Up

by Shana Campbell Jones | June 30, 2010
Today the Senate Environment and Public Works Committee will discuss Senator Cardin’s Chesapeake Clean Water and Ecosystem Restoration Act of 2009 (S. 1816), along with a suite of other bills to protect the great waterways of the United States.  Critically, the bill codifies the Bay-wide Total Maximum Daily Load (TMDL), requiring it to be implemented and enforced.  To remedy the pervasive lack of accountability in prior Bay restoration agreements, the bill requires states to submit biennial progress reports and to commit ...

Bidding for Pollution Control Dollars in the Chesapeake: A Modest Proposal for the Amish Farmer

by Shana Campbell Jones | June 10, 2010
If I remember my Sunday School lessons correctly, “clean living” should result in a lot of good things in addition to a heavenly reward: a strong character, an orderly home, and a healthy body and environment.   Ironically for the Amish, a clean living group if there ever was one, clean living also produces dirty waters. As yesterday’s New York Times article reminds us, Amish farms in Lancaster county generate more than 61 million pounds of manure a year – much of ...

CPR Scholarship Round-up: Innovation for nonpoint source pollution and animal migrations on the one hand, and obfuscation at OIRA on the other

by Shana Campbell Jones | June 09, 2010
We’ve all seen the dramatic headlines recently concerning large-scale environmental disruptions, including a catastrophic oil spill in the Gulf and mining disasters killing workers from West Virginia to China. Meanwhile, in Congress, climate change bills are proposed, altered, weakened, and eventually shelved, and the United States still fails to take action on climate change. CPR’s Member Scholars march forward, however, proposing reforms that range from creating transparency in agency decisions to protecting animal migrations. Below is a quick overview of some of their ...

Big Chicken Plays Chicken Little in Maryland While Assaulting Academic Freedom and Access to Justice in the Meantime

by Shana Campbell Jones | March 31, 2010
The proverbial poop has hit the fan in Maryland this month after two environmental groups – the Assateague Coastal Trust and the Waterkeeper Alliance – sued Perdue Farms, Inc. and Hudson Farm, a Perdue-contract chicken factory farm in Berlin, Maryland, for violating the Clean Water Act. Water sampling from ditches next to Hudson Farm found high levels of fecal coliform and E. coli. Phosphorus and nitrogen – nutrients killing the Chesapeake Bay – were also found. The two environmental groups ...

Climate Change Adaptation Progress: Administration Releases Interim Report on Strategy for a Strategy

by Shana Campbell Jones | March 18, 2010
Tuesday, the White House Council on Environmental Quality (CEQ), the White House Office of Science and Technology Policy (OSTP) and the National Oceanic and Atmospheric Administration (NOAA) released an Interim Progress Report of the Interagency Climate Change Adaptation Task Force, a group charged by President Obama in Executive Order 13514 to develop (by Fall 2010) recommendations for the federal government for adapting to climate change. More than 20 federal agencies, departments, and offices are participating in the task force. The ...

White House Roadmap for Gulf Coast Restoration Released

by Shana Campbell Jones | March 05, 2010
Yesterday, the White House released a plan to restore Mississippi and Louisiana wetlands and barrier islands, which have been disappearing at a rapid clip for decades and continue to do so. Hurricane Katrina brought to the fore what many residents of these states already knew: federal, state, and local authorities were neither coordinated nor prepared to protect the Gulf Coast, its ecosystems, and its people from Mother Nature’s worst. (See CPR's report on Katrina). The White House roadmap is designed ...

Congress Says Ask, but Toyota and Fellow Automakers Say Don't Tell: The Story of NHTSA and Industry Secrecy

by Shana Campbell Jones | February 22, 2010
Ten years ago, after NHTSA received reports of numerous deaths and injuries linked to Firestone tires and Ford Explorers, Congress passed the TREAD Act, bolstering the authority of the National Highway Traffic Safety Administration (NHTSA) to identify possible defects in vehicles and tires by collecting information (“early warning data”) from auto and tire manufacturers. The law requires disclosure of data about incidents involving deaths or injuries, injury and property damage claims (including lawsuits), consumer complaints, warranty claims, field reports (problems ...

Administration Releases Draft Chesapeake Bay Strategy

by Shana Campbell Jones | November 09, 2009
Today the Administration released its draft strategy for the Chesapeake Bay. Public comment runs through January 8, and the final strategy is due in May. There's a lot to read. But here's one point off the bat that's of note: Regulatory authority will be expanded to increase accountability for pollution and strengthen permits for animal agriculture, urban/suburban stormwater and new sources. . . . EPA will also initiate rulemaking to increase coverage and raise standards for Concentrated Animal Feeding Operations ...

CPR Scholarship Roundup: Legal and Policy Implications of Regulating Carbon, from Cap-and-Trade to Coal Sequestration

by Shana Campbell Jones | October 23, 2009
As climate change legislation awaits action in the Senate, serious and complicated legal and policy questions about the tools designed to reduce carbon emissions remain. Truly, the climate change debate operates in two distinct worlds. The first is becoming increasingly hysterical, consisting of sensational and camera-ready protests and attacks underwritten by groups such as the American Petroleum Institute and the National Association of Manufacturers. The second rages below the media waterline, in the wonky weeds of policy and legal scholarship. ...

Sen. Cardin's Chesapeake Bay Bill Has Much to Laud, and a Bit to Improve

by Shana Campbell Jones | October 19, 2009
The Chesapeake Clean Water and Ecosystem Restoration Act of 2009, introduced today by Senator Ben Cardin (D-Md), is a marked improvement from legislation in past years and demonstrates the Senator's continued leadership on restoring one of this country's greatest natural resources. The bill rightly emphasizes the implementation and enforcement of the Bay-wide Total Maximum Daily Load (TMDL), which will be issued in draft form by the EPA later this year and finalized by December 2010. It requires Bay states to ...

PennFuture: Manure Increasing in Key Region Draining into Chesapeake Bay, Despite Pledges

by Shana Campbell Jones | September 29, 2009
Today PennFuture released a report finding that the amount of liquid manure applied to farms in Pennsylvania’s Octoraro watershed has increased by 40 percent over the past five years to 108 million gallons annually. The amount of nitrogen produced by livestock in the watershed is equal to the amount generated by approximately 370,000 people each year. Unlike Las Vegas, what happens in the Octoraro watershed doesn’t stay in the watershed. The watershed, which includes parts of Lancaster and Chester counties, ...

The Poop on Manure in the Water: We're Sick of It

by Shana Campbell Jones | September 18, 2009
Today’s New York Times article about excess manure in the water is a stark reminder of what can happen when an environmental problem isn’t addressed: people get really sick. While the article is shocking -- it describes how families in Wisconsin living close to dairy farms suffered from chronic diarrhea, stomach problems, and severe ear infections from parasites and bacteria that seeped into the drinking water -- it restates what a lot of people have known for a long time. ...

EPA's Chesapeake Bay Reports: A First Look

by Shana Campbell Jones | September 10, 2009
Today at 12:30pm the Federal Leadership Committee released, pursuant to President Obama’s Chesapeake Bay Protection and Restoration Executive Order, seven draft reports to improve Bay restoration. Each report is about 50 pages, so there’s a lot of information to take in – from strengthening water quality to strengthening storm water management to assessing the impacts of climate change. After a quick look, here are my initial thoughts: 1. EPA Special Advisor Chuck Fox’s diligence and energy is impressive. Not only ...

Also from Shana Campbell Jones

Shana Campbell Jones, J.D., is a consultant to the Center for Progressive Reform on Chesapeake Bay issues.  She joined CPR in 2007 as a policy analyst, and took on the role of executive director in 2009, before leaving the staff to teach environmental policy at Old Dominion University.

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