House Oversight Shines Light on EPA's Use of 'Mercury Math' to Justify Dangerous Rollback that Hurts Kids

by James Goodwin | February 04, 2020

On Thursday, the House Oversight and Reform Committee's Environment Subcommittee will hold a hearing to examine the harm to children posed by the Trump administration's attack on one of the most wildly successful clean air protections in American history: the Obama-era Mercury and Air Toxic Standards (MATS). The rule, adopted in 2012 after literally decades in the making, has reduced coal-fired power plant emissions of brain-damaging mercury by more than 81 percent, acid gases by more than 88 percent, and sulfur dioxide by more than 44 percent. Altogether, its pollution reductions have saved thousands of lives.

The February 6 hearing is part of a series that will highlight the despicably cruel impacts the Trump administration's assault on our safeguards is having on the nation's children. The other hearings will look at the administration's actions on the poverty line calculation, fair housing accountability, and the Supplemental Nutrition Assistance Program (SNAP).

As I've noted in the past, a common thread that runs through much of the Trump assault on our safeguards is the disturbing harms it inflicts on children and the unborn, often to benefit wealthy corporations or to please small government ideologues. Still, when it comes to sheer brazenness and depravity, the attack on the MATS rule stands apart from the rest.

Rather than a straightforward rollback of an Obama-era safeguard (like most ...

What Do Farmers Actually Get from the New WOTUS Rule?

by Dave Owen | January 23, 2020
Originally published on Environmental Law Prof Blog. Reprinted with permission. This morning, the U.S. Army Corps of Engineers and EPA released a final rule determining which aquatic features are covered by the Clean Water Act. Already, the press coverage is following a familiar pattern: farming lobbyists praise the rule as a major victory, and environmentalists condemn it as an abdication of clean water protection and water quality science. The former part of that pattern has always been interesting to me. ...

With Trump's NEPA Rollback, It's Conservatives Against Conservatives

by James Goodwin | January 23, 2020
When the Trump administration released its recent proposal to gut the National Environmental Policy Act (NEPA), it trumpeted the action as a long-overdue step to "modernize" the law's implementation by "simplifying" and "clarifying" its procedural and analytical requirements for federal agencies. If these words sound familiar, that's because they're the disingenuous claptrap that opponents of regulatory safeguards repeatedly trot out to camouflage their efforts to rig legislative and rulemaking processes in favor of corporate polluters. Put differently, those terms might ...

EPA Staff Clap Back at Trump with Workers' Bill of Rights

by Robert Verchick | January 22, 2020
It's no secret that President Trump has harassed staff at federal agencies since his first moment in office. Days after his inauguration, he blocked scientists at the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) from talking to the press and the public. He famously cracked down on federal labor unions and chiseled early retirees of their expected pension benefits. Now he's requiring hundreds of staff from USDA's Economic Research Service and the Bureau of Land Management ...

Trump Is Trying to Cripple the Environment and Democracy

by Alejandro Camacho | January 21, 2020
This op-ed was originally published in The Hill. The Trump administration has fired the latest salvo in its never-ending assault on environmental safeguards: a proposal from the White House Council on Environmental Quality (CEQ) to overhaul its regulations governing federal agency compliance with the National Environmental Policy Act (NEPA).  The proposal would narrow the scope of NEPA’s protections, weaken federal agency duties when the law applies, and attempt to shield violations of NEPA from judicial oversight. More significantly, the proposal is wildly inconsistent with ...

Misunderstanding the Law of Causation

by Daniel Farber | January 13, 2020
Originally published on Legal Planet. Reprinted with permission. Last week's NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations. Specifically, the proposal tells agencies they do not need to consider environmental "effects if they are remote in time, geographically remote, or the product of a lengthy causal chain." The proposal also excludes "cumulative effects." ...

Pride Goeth Before a Fall

by Daniel Farber | January 10, 2020
Originally published on Legal Planet. Reprinted with permission. The White House just released its proposed revisions to the rules about environmental impact statements. The White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. Its proposal is marked by hubris about the government's ability to control how the courts apply the law. That hubris is evident in the proposal's effort to tell courts when lawsuits can be brought ...

The EPA's 'Censored Science' Rule Isn't Just Bad Policy, It's Also Illegal

by James Goodwin | November 25, 2019
This post was originally published on the Union of Concerned Scientists' blog. Reprinted with permission. The Environmental Protection Agency (EPA) appears poised to take the next step in advancing its dangerous "censored science" rulemaking with the pending release of a supplemental proposal. The EPA presumably intends for this action to respond to criticism of the many glaring errors and shortcomings in its original proposal, hastily released in 2018. Unfortunately, if the leaked version of the supplemental proposal is any indication, ...

EPA's Draft Update to Its 'Science Transparency Rule' Shows It Can't Justify the Rule

by Sean Hecht | November 22, 2019
Originally published on Legal Planet. Reprinted with permission. Over a year ago, EPA issued a proposed rule, ostensibly to promote transparency in the use of science to inform regulation. The proposal, which mirrors failed legislation introduced multiple times in the House, has the potential to dramatically restrict EPA's ability to rely on key scientific studies that underpin public health regulations. The rule, on its face, would require EPA to take actions inconsistent with statutory mandates, including requirements to use the ...

The Trump Administration's New Anti-Safeguard Executive Orders on Guidance, Explicated

by James Goodwin | October 14, 2019
Last week, President Trump unleashed the latest volley in his administration's efforts to bring about the "deconstruction of the administrative state" with the signing of two new executive orders relating to agency issuance and use of "guidance documents." The first purports to ensure "improved agency guidance," while the second claims to promote "transparency and fairness" in the use of guidance for enforcement actions. The bottom line for the orders is that, with a few potentially big exceptions, they are unlikely ...

Abolition of Supplemental Environmental Projects: A Damaging Retreat for Environmental Enforcement

by Joel Mintz | September 18, 2019
Late last month, the U.S. Department of Justice (DOJ) quietly took a major step to undercut the enforcement of our federal pollution control laws. In a publicly released but little publicized memorandum, DOJ’s Associate Attorney General for Environment and Natural Resources, Jeffrey Bossert Clark, announced that the agency will no longer approve enforcement case settlements with local governments that include Supplemental Environmental Projects (SEPs) – a long-standing feature of negotiated resolutions of environmental enforcement cases. SEPs allow a non-complying company, ...

Overshoot: Trump's Deregulatory Zeal Goes Beyond Even Where Industry Asks Him to Go

by Amy Sinden | September 16, 2019
Originally published in The Revelator. Reprinted under Creative Commons license CC BY-NC-ND 3.0. The Trump EPA last month proposed a new plan to remove oil and gas developers’ responsibility for detecting and fixing methane leaks in their wells, pipelines and storage operations. This proposal to axe the Obama-era methane rule is notable for two reasons. First, it is a huge step backward in the race to stabilize the climate, just at the moment scientists warn we need to move forward ...

Trump's Legal Challenges to the California Car Deal

by Daniel Farber | September 09, 2019
Originally published on Legal Planet. Prompting rage by President Trump, California and several carmakers entered into a voluntary agreement on carbon emissions from new cars that blew past the administration's efforts to repeal existing federal requirements. Last week, the Trump administration slapped back at California. Although there's been a lot of editorializing about that response, I've seen very little about the legal dimensions of the administration's actions. I'd like to shed a little bit of light on those. The administration ...

Get Ready for Phase 2 of the Deregulation Wars

by Daniel Farber | August 05, 2019
Originally published on Legal Planet. The first phase of Trump's regulatory rollbacks has been directed against Obama's climate change regulations. Those deregulatory actions will be finalized soon. What happens next will be in the hands of the courts. But the Trump EPA is now beginning a new phase in its attack on environmental regulation. Having tried to eliminate climate regulation, its next move will be an attack on basic protections against air pollution. The Clean Air Act, the federal air ...

Cost-Benefit Analysis According to the Trump Administration

by Rena Steinzor | July 23, 2019
Originally published by The Regulatory Review. Reprinted with permission. As the United States slogs through year three of a deregulatory implosion, one truth has become clear: As practiced by the Trump administration, cost-benefit analysis has become a perversion of a neutral approach to policymaking. To be forthright, I was never a fan of the number crunching. I thought it created the false impression that numerical estimates were precise, drastically understated benefits, buried controversial value judgments behind barricades of formulas, and ...

The Coming Decline of Anti-Regulatory Conservatism

by Joel Mintz | July 23, 2019
Originally published by The Regulatory Review. Reprinted with permission. When it comes to the need for federal regulation, the American political system is currently deeply divided along ideological and partisan lines. This division has a number of causes, but a good part of the division can unquestionably be attributed to what Professor Thomas McGarity has referred to as the anti-regulatory "idea infrastructure" and the "influence infrastructure" constructed by conservatives in the early 1970s and continued thereafter—ideas intended to block and ...

The Hill Op-ed: Trump Trashes the Natural World and Calls It 'Environmental Leadership'

by Joel Mintz | July 17, 2019
This op-ed was originally published in The Hill. In a recent speech, President Trump touted what he described as "America's environmental leadership" during his presidency. He claimed that over the past two-and-a-half years, his administration has been "a good steward of public land," reduced emissions of greenhouse gases, and successfully promoted clean air and water.  His claims are Orwellian in scope and mendacity. Even the most cursory examination of the Trump administration's environmental record reveals an appalling litany of irresponsible, anti-environmental ...

Op-Ed Shines Light on Trump EPA's Efforts to Re-Rig Cost-Benefit Analysis for Polluters

by James Goodwin | July 02, 2019
Last night, CPR Member Scholar Amy Sinden and I published an op-ed in The Hill explaining the dangers of a new rulemaking recently launched by Environmental Protection Agency (EPA) Administrator Andrew Wheeler and former air office Assistant Administrator Bill Wehrum. Through this rulemaking, Wheeler and Wehrum – both former industry lobbyists – will kick off the EPA's agency-wide effort to overhaul how it conducts cost-benefit analysis for its pending rules to ensure that this methodology remains heavily biased in favor ...

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