At House Judiciary Hearing, CPR's Hammond Calls Out Efforts to Rig Environmental Review Process

by James Goodwin | April 12, 2018

This morning, CPR Member Scholar and George Washington University Law Professor Emily Hammond is set to testify before the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial, and Antitrust Law at a hearing that will look at two highly flawed bills. While their particulars differ, each is conspicuously (if a bit clumsily) designed to rig the environmental permitting process to allow industry groups to ram through big infrastructure and construction projects while shutting out the public from its traditional and vital role of meaningful participation and engagement. 

Hammond's testimony provides a devastating and thorough critique of each of the two bills under consideration – the Permitting Litigation Efficiency Act of 2018 (PLEA) (H.R. 5468) and the North Texas Water Supply Security Act of 2017 (H.R. 4423), respectively. The "problem" these bills try to "solve" is that existing administrative laws and procedures have a pesky habit of creating a neutral process meant to lead to better government decision-making, and oftentimes that means yielding results that cut into industry profits to ensure reasonable environmental protections. As Hammond puts it: 

Both PLEA and H.R. 4423 are thinly veiled attempts to tamper with well-established procedural systems on behalf of anti-environmental interests. The Administrative Procedure Act (APA) embodies an important choice made by a unanimous Congress: The statute creates generally applicable, neutral procedures for agencies to follow, rather than creating piecemeal carve-outs ...

CPR's 2018 Op-Eds, Part One

by Matthew Freeman | April 11, 2018
CPR’s Member Scholars and staff are off to a fast start on the op-ed front in 2018. We list them all on our op-ed page, but here’s a quick roundup of pieces they’ve placed so far. Member Scholar Alejandro Camacho joins his UC-Irvine colleague Michael Robinson-Dorn in a piece published by The Conversation. In "Turning power over to states won't improve protection for endangered species," they summarize their recent analysis of state endangered species laws and state funding for enforcement. They ...

The Guidance Racket

by Rena Steinzor | March 27, 2018
Originally published on The Regulatory Review. Reprinted with permission. The spirited conservative attack on regulatory guidance is both puzzling and hypocritical. Admittedly, agencies sometimes issue guidance to avoid the quicksand of informal rulemaking. But the law makes clear that without full-dress procedure, guidance can never replace rules and statutes in enforcement actions. Remedying agency overreach in the rare circumstances when enforcement cases are based primarily on guidance is a straightforward legal matter—defendants have only to tell their problems to a judge. ...

CPR's Heinzerling to House Small Business Committee: Trump's Assault on Safeguards Nothing to Celebrate

by James Goodwin | March 07, 2018
Later this morning, CPR Member Scholar and Georgetown Law Professor Lisa Heinzerling will testify before the House Small Business Committee at a hearing that appears to be aimed at reveling in the Trump administration's assault on regulatory safeguards. In her testimony, Professor Heinzerling will explain why the celebratory mirth and merriment from the committee's majority members and their invited witnesses is misplaced and most likely premature.  As Heinzerling will point out, the major motivating force behind the Trump administration's assault is ...

Trump White House: Safeguards Produce Huge Net Benefits; Also Trump White House: Repeal Them Anyway

by James Goodwin | February 28, 2018
Last week, the Trump administration released the annual Draft Report to Congress on the Benefits and Costs of Federal Regulations. As befitting this auspicious occasion, the administration pulled out all the stops: targeted op-eds from high-ranking administration officials; relevant operatives dispatched to the leading Sunday morning talk shows; and even a televised press conference with the president himself.  Just kidding. They buried it. Quietly. Late on a Friday afternoon. When Congress was away on recess.  And even though it's already ...

The Hill Op-ed: Justice Dept's Enforcement Policies Make Change for the Worse

by Rena Steinzor | February 22, 2018
This op-ed originally ran in The Hill. Attorney General Jeff Sessions has wasted little time portraying himself as the prosecutor-in-chief of street — as opposed to white collar — crime, rejecting this month even a broadly bipartisan effort to reduce sentences for nonviolent crime supported by a coalition that spans the Koch brothers and the NAACP. Civil enforcement has also fallen off, as documented in investigative reporting by The New York Times and others. Both trends will almost certainly continue given ...

CPR's Emily Hammond Testifies About Health and Economic Benefits of Clean Air Act Regulation

by Matt Shudtz | February 14, 2018
It was an early holiday present to the nation's biggest polluters. EPA Administrator Scott Pruitt announced in early December that he was drastically changing the way EPA reviews polluters' compliance – or lack thereof – with the Clean Air Act. Today on Capitol Hill, CPR Member Scholar Emily Hammond will explain that this dramatic shift in policy is a complete abnegation of EPA's statutory responsibilities and, beyond that, puts lives and economic opportunity at risk. Professor Hammond is testifying before ...

Government and Bureaucracy Play Essential, Fundamental Roles in American Life

by James Goodwin | January 31, 2018
President Trump's first State of the Union address contained numerous outrageous claims and statements, rendering a full dissection and critique practically impossible. Many have already singled out one line of the speech as worthy of particular condemnation, so I'll add mine. Early on, Trump made this statement to the rapturous applause of his conservative allies in Congress: "In America, we know that faith and family, not government and bureaucracy, are the center of American life." This claim is not only ...

What Creates the Cost, Mr. President?

by Matthew Freeman | January 31, 2018
During the State of the Union address last night, no one was surprised to hear President Trump brag about all the work his administration has done slashing regulatory safeguards for health, safety, the environment, and financial security. It’s clearly one of his proudest first-year accomplishments — making us all less safe and more vulnerable to industries that profit by polluting the air and water, creating unsafe working conditions, using underhanded financial practices, or selling dangerous products. The president thinks that ...

Breaking the Law: Many Trump Regulatory Rollbacks and Delays Are Unlawful

by Bill Funk | January 30, 2018
Progressives have rightfully taken issue with the Trump administration's policy goals, from immigration to the environment, from health care to worker safety. Given the president's decidedly unprogressive stances, one should not be surprised at the policy reversals from the prior administration. One might be surprised, however, and dismayed as well, at the cavalier disregard that the administration has shown for the law, both substantive and procedural.  For example, President Trump's earlier executive orders on the "Muslim ban" were overturned not ...

The Congressional Review Act: Trump's First-Year Participation Trophy

by James Goodwin | January 29, 2018
Perhaps because he has so few real accomplishments to his name, President Donald Trump has developed a nasty habit of embellishing his record. From the size of the crowd at his inauguration to the number of floors in Trump Tower, he simply won't let a little thing like "reality" or "facts" or even "cardinal numbers" get in the way of his estimation of his own self-worth. Expect this behavior to be on full display at tomorrow night's State of the ...

Looking Back on a Year of Trump's Regulatory 'Fire and Fury'

by Matt Shudtz | January 26, 2018
Next Tuesday, President Trump will share his view of the state of our union. And if his words correlate with his actions over the last year, the dominant theme will be one of division and disruption. Like no president in recent history, Donald Trump has pushed U.S. residents to cordon ourselves off into dueling tribes whose theories of governance and policymaking diverge and whose basic facts and language are starting to split in disturbing ways. But on whichever side of ...

Trump, EPA, and the Anti-Regulatory State

by Daniel Farber | January 25, 2018
Originally published on The Regulatory Review. Reprinted with permission. The U.S. Environmental Protection Agency (EPA) is a central instrument of the modern regulatory state. Whether from the perspective of environmental protection or regulatory economics, 2017 has not been a good year. Experience to date under the Trump Administration is suggestive of industry capture or reflexive ideological opposition to regulation—or both. A multitude of deregulatory actions have occurred. Unfortunately, nearly all of the traditional sources of checks on political leadership—centralized regulatory ...

A Final 2017 Dose of Op-Eds

by Matthew Freeman | December 28, 2017
CPR’s Member Scholars and staff rounded out a prolific year of op-ed writing with pieces covering several topics, touching on the Endangered Species Act, the scuttling of criminal justice reform, saving the Chesapeake Bay, the Administration’s efforts to unravel the Clean Power Plan, and the tax bill President Trump signed into law last week. You can read all 46 of this year's op-eds here, but here’s a brief roundup of the latest: In an October 29, 2017, piece in The Hill, Bill ...

The Off-Switch Is Inside the Fenceline

by Daniel Farber | December 27, 2017
The Obama Administration’s Clean Power Plan would require utilities to improve efficiency at coal-fired power plants and reduce the use of those plants in favor of generators using natural gas or renewables. Head of EPA Scott Pruitt claims EPA can only require CO2 cuts that can be accomplished by utilities “inside the fenceline” of a power plant. Under his interpretation, EPA could require a utility to increase the efficiency of a coal-fired plant. But, he assumes, his interpretation would rule ...

OSHA Delays Critical Protections as Worker Deaths Increase

by Katie Tracy | December 20, 2017
President Trump planned and then starred in his own ribbon-cutting ceremony last week, symbolic of all the safeguards for health, safety and the environment that he intends to shred while in office. This mockery of the administration’s obligation to ensure the public is protected from harm caused by corner-cutting businesses coincided with the release of the Administration’s fall 2017 regulatory agenda. What this political stunt — and the rhetoric that goes along with it — really means, however, is that ...

Trump Speech on Deregulation, Fall Unified Agenda Continue Dangerous Assault on Our Safeguards

by James Goodwin | December 15, 2017
This post was originally released as a press statement on December 14 in response to President Donald Trump's speech on deregulation and his administration's Fall 2017 Unified Agenda. Starting on Day One, the Trump administration has perpetrated an all-out assault on essential public safeguards for health, safety, the environment, and American families' financial security, and today, the president took the time to revel in all the damage he has overseen. The administration's anti-safeguard agenda for the coming year promises more ...

Reno Gazette-Journal Op-Ed: Don’t Toss Out Cooperation in the West’s Sage Country

by Dan Rohlf | December 12, 2017
This op-ed originally ran in the Reno Gazette-Journal. During the holiday season, many people put significant effort into plans for getting along with one another at family gatherings. Seating plans are carefully strategized and touchy subjects avoided. We’ve learned that enjoying our shared holiday demands that we all compromise a little. Plans for cooperation in managing the vast shrub-steppe plains of the American West – including thousands of acres in Nevada – are no different. A few years ago, conflict ...

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