The Hill Op-ed: Justice Dept's Enforcement Policies Make Change for the Worse
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 the more subtle sabotage of corporate enforcement implemented in a series of largely overlooked policy changes announced by memoranda and speech.
The campaign began last June, when Sessions wrote a memorandum to U.S. attorneys and DOJ senior managers instructing them not to enter into any settlements that provide for a "payment or loan to any non-governmental entity." His targets were the nonprofit groups enlisted to provide counseling of consumers in foreclosure under multi-billion dollar civil settlements with the nation's biggest banks. A small portion of the huge sums collected by these consent decrees was devoted to this grassroots work by legal aid attorneys and homeowner counseling groups.
Bank executives didn't articulate objections to this funding. But retiring House Judiciary Chairman Bob Goodlatte (R-Va.) claims that such payments amount to a "slush fund" accumulated by the Obama administration to pay off its cronies on the left. The
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
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?
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
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'
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
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
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
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
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
The Hill Op-Ed: Trump Administration's Clean Power Plan Repeal Proposal Is Illegal
This op-ed originally ran in The Hill. The Trump administration's efforts to sidestep finalized regulations through stays or delays have so far met with judicial rejection in three straight decisions. As these courts have concluded, such a deregulatory strategy violates settled law that administrative agencies are bound by their own finalized regulations until they undo them through a new full rulemaking process. Environmental Protection Agency Administrator Scott Pruitt last week published a proposal to repeal the Obama administration's Clean Power Plan
At House Oversight Hearing, A Call for Trump to Abandon the Pillars of His Assault on Safeguards
Today, I will testify before two subcommittees of the House Oversight Committee at a hearing that I hope will provide a critical examination of the Trump administration's so-called "Regulatory Reform Task Forces." Created by Trump's Executive Order 13777, these task forces are essentially designed to be "hit squads" embedded at each agency with the goal of carrying out the Trump administration's assault on public safeguards from within. In my testimony, I provide a comprehensive critique of the task forces, as
CPR's Latest Op-Eds Take on the Assault on Our Safeguards
CPR's Member Scholars and staff have continued to appear in the nation's op-ed pages to expose the ongoing assault on our safeguards by President Trump and Congress. Among recent examples: Dan Farber's July 5 article in The Hill highlighted the many flaws in legislation introduced by Sens. Rob Portman (R-OH) and Heidi Heitkamp (D-ND) designed to encumber the development of regulatory safeguards. In "Tangling life-saving regulations in red tape," Farber writes, "[T]he bill would impose needlessly complex procedures that will
Trump to America's Most Vulnerable Communities: You're on Your Own
UPDATE: President Trump is no longer scheduled to speak on deregulation on October 2, but the planned deregulatory "summit" with various cabinet-level agencies is still slated to occur. Government-sanctioned cruelty makes for shocking images, as the events of the past few weeks demonstrate. People in wheelchairs forcibly dragged from congressional hearing rooms for protesting legislative attempts to strip them of access to affordable health care. The uncertainty on the faces of Puerto Rican parents as they survey the damage to
At House Judiciary Hearing, CPR's Steinzor to Call for Repeal of Congressional Review Act
Tomorrow, CPR Member Scholar Rena Steinzor is scheduled to appear before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee to testify at a hearing focused on the Congressional Review Act (CRA). The CRA is a controversial law that has been aggressively used this past year by the majority in Congress and the Trump administration to repeal 14 regulatory safeguards that would have protected consumers, workers, and our environment. In her testimony, Steinzor makes the