Tester: Don't Get the (Toxic) Lead Out

by Dan Rohlf | May 10, 2011

In an impressive effort to demonstrate that crafting bad environmental legislation knows no partisan boundaries, Democratic Senator John Tester of  Montana – who recently spearheaded a successful effort to remove wolves from the endangered species list through a budget maneuver – last month introduced legislation to block the Environmental Protection Agency from regulating lead ammunition under the Toxic Substances Control Act (TSCA). Several environmental organizations last year petitioned EPA to mandate the use of non-lead bullets and shot, noting that traditional bullets used by hunters spread lead fragments throughout the environment, poisoning a wide variety of non-target birds and other wildlife, including critically imperiled species such as California condors.

Tester claims that his legislation would protect hunters when “Washington DC’s rules get in the way of common sense.” But it’s actually the status quo that’s a nonsensical health hazard for hunters and their friends and families, particularly children who eat game shot with lead-laden ammunition. It’s not as simple as removing the bullet from the carcass, because bullets fragment, contaminating the animal meat with lead. Believed by historians to have contributed to the fall of the Roman Empire – which effectively poisoned itself with lead in plumbing and food containers -- the metal causes a wide variety of harm to people, including decreased IQ in children, nervous system impairment, impacts to hearing and sight, and kidney disease.   In one study demonstrating the extent of human exposure from lead bullets, ...

Will the Atmosphere Make it as the Public Trust Doctrine's Next Frontier?

by Alexandra Klass | May 06, 2011
On Wednesday, Our Children's Trust, an Oregon-based nonprofit, made headlines when it began filing lawsuits on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change.  The claims seek judicial declaration that states have a fiduciary duty to future generations with regard to an “atmospheric trust” and that states and the federal government must ...

Did Environmentalists Kill Climate Legislation?

by Frank Ackerman | May 06, 2011
Cross-posted from Triple Crisis. Climate legislation, even in its most modest and repeatedly compromised variety, failed last year. And there won’t be a second chance with anything like the current Congress. What caused this momentous failure? Broadly speaking, there are two rival stories. It could be due to the strength of opposing or inertial forces: well-funded lobbying by fossil fuel industries, biased coverage by increasingly right-wing media, the growth of the “Tea Party” subculture and its rejection of science, dysfunctional ...

States' Proposal for Meeting Federal Climate Change Rules an Opportunity to Think Seriously about Regional RPS

by Kirsten Engel | May 05, 2011
States are seeking EPA approval to meet climate change-related standards through programs that the states themselves have pioneered. Greenwire reported last month that California, New York and Minnesota, as well as about a dozen power companies and advocacy groups, are urging U.S. EPA to let states meet the forthcoming New Source Performance Standards under the Clean Air Act through the Regional Greenhouse Gas Initiative, California’s forthcoming greenhouse gas cap and trade plan, as well as through clean or renewable portfolio ...

The Delays Get Delayier: The Sad First Year of EPA's Coal Ash Proposal

by James Goodwin | May 04, 2011
Before the Fukushima Daiichi nuclear disaster, before the BP oil spill in the Gulf of Mexico, and before the Upper Big Branch mine disaster, there was the TVA coal ash spill in Kingston, Tennessee. It was at Kingston, during the early morning hours on December 22, 2008, that an earthen dam holding back a 40-acre surface impoundment burst, releasing one billion gallons of inky sludge. The Kingston coal ash spill taught the American public about the catastrophic costs that can accompany so ...

Olympia Snowe, Deregulation, and Her 'Small' Business Cover

by Rena Steinzor | May 03, 2011
This great country of ours is quite fond of its enduring myths: poor kids are able to become rich kids by working hard, the family farm feeds us a nutritious bounty, and small business is the engine that makes our economy sing. When most of us hear that musical phrase—smaaaall business—we think of the local florist, ice cream shop, or shoemaker. How startling, then, to discover that according to the Small Business Administration (SBA) a petroleum refinery employing 1,500 workers is also ...

EPA and the Corps of Engineers Deserve Praise for Their Draft Guidance on the Jurisdictional Scope of the Clean Water Act

by William Andreen | May 02, 2011
During the past decade, the U.S. Supreme Court handed down two decisions that greatly reduced the extent of waters protected by the Clean Water Act (CWA). These cases upset the clearly articulated regulatory definition of “waters of the United States” that had been consistently applied and widely accepted as valid for many years.   Not only did the decisions threaten millions of acres of wetlands and thousands of headwaters with destruction and unregulated pollutant discharges, but the most significant of the two ...

SBA Official Changes Tune on OSHA Noise Initiative; Says His Office Was 'Unable to Evaluate' Possible Safety Benefits

by Ben Somberg | April 29, 2011
We noted earlier this month that a U.S. Small Business Administration official had claimed that the danger of workplace noise was solved just as well with earplugs as it is with reducing the noise at its source -- despite extensive research to the contrary ("Presidential Appointee at SBA Maligns OSHA's Industrial Noise Proposal; Claims Ear Plugs 'Solve' the Problem"). The official, Winslow Sargeant, Chief Counsel for Advocacy at the SBA, has since given a slightly different line. From BNA's Occupational ...

Disaster Planning and Recovery: Verchick Op-Eds in Christian Science Monitor and New Orleans Times-Picayune

by Matthew Freeman | April 29, 2011
Robert R.M. Verchick recently completed a two-year stint with the U.S. Environmental Protection Agency, and returned to his work at Loyola University in New Orleans, and, happily, to the rolls of active CPR Member Scholars. While at EPA, he published Facing Catastrophe: Environmental Action for a Post-Katrina World, and just a few days after returning to CPR, he's published two op-eds on disaster preparedness and recovery. In the Christian Science Monitor on April 13, he asked whether Japan's recovery from the ...

New Congressional Research Service Report Finds Major Trouble in SBA's Regulatory Costs Study

by Ben Somberg | April 22, 2011
It's their favorite figure: $1.75 Trillion. Repeated ad nauseam in congressional hearings by members of congress and expert witnesses alike, it is the supposed annual cost of regulations, this according to a study from last year commissioned by the Small Business Administration's Office of Advocacy. Sponsors of anti-regulatory legislation like the number: Olympia Snowe and Tom Coburn included it in the 'findings' of their bill, while Geoff Davis, chief sponsor of the REINS Act, cites it regularly. It's been used ...

Steinzor BP Spill Op-Ed in Baltimore Sun: Learning and Acting Slowly

by Matthew Freeman | April 21, 2011
Right about this time a year ago, Americans were learning about a massive explosion aboard an oil rig in the middle of the Gulf of Mexico called the Deepwater Horizon that had occurred the day before. Video footage of the flame-engulfed rig began splashing across television screens, and we were told that 11 workers on the rig were “missing.” (In fact, those workers had been killed.) Also unclear or unrevealed was the extent of the environmental harm that was being ...

Parsing the AEP v. Connecticut Argument: Did the Court Ask the Right Questions?

by Alice Kaswan | April 21, 2011
The Supreme Court arguments in American Electric Power Company v. Connecticut on Tuesday raised profound issues about the respective role of the courts and administrative agencies in controlling greenhouse gas emissions from stationary sources, emissions that remain uncontrolled notwithstanding their significant climate impacts. As my CPR colleague Doug Kysar has noted, at times the Court appeared reluctant to embrace industry’s political question and prudential standing arguments, arguments that would undermine the courts’ traditional common law powers. If the Court rejects these ...

American Electric Power v. Connecticut: The Good News

by Douglas Kysar | April 20, 2011
Cross-posted from ACSblog. In one of the most, er, hotly anticipated cases of its term, the Supreme Court yesterday heard arguments in the climate change nuisance suit of Connecticut v. American Electric Power. From the beginning of this litigation, pundits have questioned the plaintiffs’ decision to seek injunctive relief gradually abating the defendants’ greenhouse gas emissions. To critics, this form of relief – as opposed to, say, monetary damages – seems to highlight the complex and value-laden aspects of climate ...

Mr. President, Finish These Rules: CPR Report Identifies 12 Key Environmental, Health, and Safety Initiatives Administration Must Complete

by Ben Somberg | April 20, 2011
So far as regulatory safeguards are concerned, we've come a long way in 27 months. The Obama Administration started with federal agencies that had been devastated by eight years of an explicitly anti-regulatory president. Turning that around is not easy, and no President could do it in a day. So, as much as you see a lot of criticism in this space, you also see praise, because we've seen this Administration make important progress. From new rules on lead paint ...

SBA Office of Advocacy Official Gives New Defense of Regulations Study: Data are on the Website (Somewhere)

by Ben Somberg | April 19, 2011
Claudia Rodgers, Deputy Chief Council for the Office of Advocacy at the U.S. Small Business Administration, testified earlier this month at a hearing conducted by a House Oversight and Government Reform sub-committee. The session ("Assessing The Impact of Greenhouse Gas Regulations on Small Business") was a sparsely attended affair on all sides of the room. But something important happened. Rep. Jackie Speier asked Rodgers a series of questions (at 1:03:30 in the video) about the Office of Advocacy’s oft-cited report ...

Six Myths About Climate Change and the Clean Air Act

by Amy Sinden | April 18, 2011
In politics, repeating something over and over again can sometimes make it stick, whether it's true or not. From Reagan’s welfare queens, to the specter of “socialized” medicine leading to imminent communist takeover, these sorts of myths often start on the far right but then move surprisingly far to the center. And as the EPA has begun to move forward with regulating greenhouse gas emissions under the Clean Air Act, we've seen one of these myths begin to take shape. This ...

Presidential Appointee at SBA Maligns OSHA's Industrial Noise Proposal; Claims Ear Plugs "Solve" the Problem

by Sidney Shapiro | April 15, 2011
Congress charged the Office of Advocacy of the U.S. Small Business Administration (SBA) with the job of representing the interests of small business before regulatory agencies, such as the Occupational Safety and Health Administration (OSHA). As an agency of the federal government, it has an obligation to taxpayers to get its facts straight before it speaks. Lately, it has ignored this basic obligation, most notably sponsoring a study that used flawed methodology to claim that regulations impose $1.75 trillion in costs every ...

Echeverria Testifies on Eminent Domain Bill

by Matthew Freeman | April 13, 2011
CPR Member Scholar John Echeverria was on Capitol Hill yesterday, testifying before the House Judiciary Committee’s subcommittee on the Constitution. His topic was a proposed bill from Rep. Jim Sensenbrenner (R-WI) to impose federal limits on state and local use of eminent domain – the authority to condemn private property so that it can be used for public purposes. The subject became particularly controversial in 2005 when the Supreme Court issued its ruling in Kelo vs. City of New London, ...

Agency U-Turns

Farber | Jun 18, 2018 | Regulatory Policy

Laying Down the Law on Rule Delays

Heinzerling | Jun 14, 2018 | Regulatory Policy

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