Obama Administration Withdrawing EPA Ozone Standard an Illegal and Immoral Move

by Victor Flatt | September 02, 2011

Today’s decision of the Obama administration to withdraw new ozone rules is not only bad policy, it is also illegal. The Clean Air Act requires the EPA to revisit its National Ambient Air Quality Standards (NAAQS) every five years to ensure that they are adequate to protect the public health and safety. In 2006, the Bush Administration revisited the rules as required, but proposed a new standard of .75 P.P.M., which was far above the unanimous recommendations of the scientists who said somewhere between .60 and .70 P.P.M. was necessary to protect the public health. A lawsuit followed, and in response the Obama administration re-opened the rulemaking. This delayed a legal decision which most assuredly would have over-turned the 2008 final rules.

The Obama EPA proposed the more rigorous standards that could be supported by the science of 2006. In truth, new evidence suggests that the .60 to .70 limit itself may be too lenient, and that tens of thousands of people every year face premature deaths due to ozone.

Now, the Obama administration, noting that the standards will be revisited again in 2013, after the election, has withdrawn the rulemaking, in the name of regulatory relief.

By not following through with the new rules, the administration actually held back what surely would have been a successful lawsuit in 2008 (and one which will be re-instated). Moreover, the claim that Obama and the EPA are still protecting the public health is ludicrous. Real people will die from ...

Is Cap and Trade Unfair?

by Daniel Farber | September 01, 2011
Cross-posted from Legal Planet. I should probably start by putting my cards on the table. I’m not really an advocate of cap and  trade as compared with other forms of regulation.  What I care about is getting effective carbon restrictions in place, whether they take the form of cap and trade, a carbon tax, industry-wide regulations, or something else. The big advantage of cap and trade from that perspective is that some systems are already up and running, and unlike ...

The Agenda Behind the Republicans' Latest 'Jobs' Agenda: New CPR Report Reveals Effort to Gut Regulations Is Based on False Premises

by Sidney Shapiro | August 31, 2011
House Republicans have promised this week that upon their return to Washington after the recess they will attempt to stop 10 important proposed regulations because they are “job-destroying.” Adhering to the belief that “if you say it often enough, people will believe its true,” the party continues to insist that regulations cost jobs. But, as I discussed in a recent post, the evidence shows that regulation is not a drag on employment because it stimulates the creation of as many new ...

Platinum Industry Association Responds to My Critique of Their DQA Complaint

by Matt Shudtz | August 25, 2011
Shortly after my August 5th post criticizing their Data Quality Act complaint to EPA, the International Platinum Group Metals Association sent me a kindly-written response letter (Inside EPA recently reported on the letter). Accusing me of both missing the point of their complaint and brushing aside important scientific concerns to make a headline-grabbing call for “over-regulation,” IPA reiterated their concern that EPA’s draft IRIS assessment for halogenated platinum salts fails to meet DQA standards. Their letter is an eloquently-written piece of advocacy, ...

Regulatory Look-Back Plans: No One Celebrates

by Rena Steinzor | August 23, 2011
The final agency regulatory “look-back” plans, released by the White House this morning, don’t appear to satisfy anyone. They fall far short of their obvious goal: to placate greedy and intemperate industry demands that major rules be cancelled. And they distress public interest advocates, who fear they will preoccupy agencies with make-work at the expense of crucial life-saving initiatives. The plans themselves, at first look, are largely well-intentioned given the assignment the agencies were given. The EPA plan discusses, for instance, how ...

Never Let the Facts Get in the Way of a Good Story: New BLS Data is Latest to Disprove Conservative Claims of "Job-Killing Regulations"

by Sidney Shapiro | August 22, 2011
The current anti-regulatory mantra of Republican legislators (e.g., Cantor, Boehner, Issa) and conservative think tanks (e.g., CEI and Heritage) is that regulation is a “job-killer.” And a top plank of Republicans’ job agenda when they return from the summer recess is to limit regulations. There is just one problem with this rhetoric. It is not backed up by the data, including the latest Department of Labor study on the reasons why employers lay off workers. Economic studies indicate that regulation is not a ...

On Heels of Debunked Report, SBA's Office of Advocacy Solicits More Anti-Regulatory Research

by James Goodwin | August 16, 2011
What would you do if a report you funded was debunked by a scathing critique from the nonpartisan Congressional Research Service?  What if you found that the researchers you funded had based 70 percent of their analysis of the costs of regulation on a regression based on opinion polling data?  What if the researchers who had published that opinion polling insisted publicly that their data was never meant to be used for such purposes?  What if a member of Congress ...

Thought We Wouldn't Notice: Blanche Lincoln Quietly Switches to New Version of Debunked SBA Regulatory Costs Stat

by Ben Somberg | August 12, 2011
Former Senator Blanche Lincoln, now heading the National Federation of Independent Business’s new anti-regulatory campaign, faced criticism in recent days for citing the debunked SBA study claiming regulations cost $1.75 trillion in a year. The NFIB used that stat last week in launching its campaign (see ThinkProgress), and Lincoln cited the number in a National Journal forum post on Monday: While some federal regulations are important, it costs the U.S. economy a staggering $1.75 trillion a year to comply with ...

Legs of Two 17-Year-Olds Severed in Grain Auger, White House Sits on Young Worker Safety Rule

by Celeste Monforton | August 12, 2011
Cross-posted from The Pump Handle. Tyler Zander, 17 and Bryce Gannon, 17 were working together on Thursday, August 4 at the Zaloudek Grain Co. in Kremlin, Oklahoma. They were operating a large floor grain aguer when something went terribly wrong. Oklahoma's News9.com reports that Bryce Gannon's legs became trapped in the auger, Tyler Zander went to his friend's aid and his legs also were pulled into the heavy machinery. Emergency rescue personnel had to cut apart the 12-inch metal auger ...

With Updates to EPCRA Reporting Rules, EPA Has Another Opportunity to Better Protect Workers

by Matt Shudtz | August 11, 2011
On Monday, EPA announced its intention to revise the emergency planning rules for industrial facilities. The goal of the revisions is to give state and local emergency planning committees better information that they can use to prepare for chemical spills, explosions, and other disasters at industrial facilities. In the initial proposal released Monday, EPA disregards a request from first responders that the new rules demand more information about the total number of people likely to be on-site during an emergency situation. EPA is ...

Chairman Issa's NLRB Subpoena: An Unprecedented Effort to Thwart the Legal Process

by Sidney Shapiro | August 10, 2011
The National Labor Relations Board (NLRB) has a Friday deadline to respond to a subpoena issued by House Oversight Committee Chairman Rep. Darrell Issa (R., Calif.). The subpoena seeks "[a]ll documents and communications relating to the [NLRB's] Office of General Counsel's investigation of Boeing..." prior to the time the NLRB issued its complaint against the company. The NLRB has alleged the company created a second assembly line at a nonunion plant in South Carolina to build its 787 Dreamliner in order to ...

Nevada Court's Public Trust Decision A Welcome Addition to Growing Body of Protection for State Lands and Resources

by Alexandra Klass | August 08, 2011
Last month, the Nevada Supreme Court held in Lawrence v. Clark County that the public trust doctrine limited the ability of the state to freely alienate certain lands that, though dry at the time of the decision, were submerged under navigable waters at the time of statehood. The case is significant for at least two reasons. First, the court made clear that the public trust doctrine in Nevada places inherent limitations on state power and cannot be easily abrogated by state legislation, ...

Platinum Industry Tries a DQA Complaint the Bush Administration Wouldn't Even Accept

by Matt Shudtz | August 05, 2011
On Monday, the International Platinum Group Metals Association submitted a Data Quality Act complaint (pdf) to EPA regarding a draft toxicological review of halogenated platinum salts and platinum compounds. This one ought to go straight to the agency’s recycling bin. IPA, as the trade group calls itself, is complaining that the draft document, released by EPA’s IRIS office in 2009 for peer review and public comment, does not meet the standards of objectivity and utility required under the DQA and its ...

IUR Update a Good Start, But a Missed Opportunity for Worker Health and Safety

by Matt Shudtz | August 04, 2011
On Tuesday, EPA finalized important revisions to its Inventory Update Rule (IUR), which is the federal government’s primary means of finding out what chemicals are being produced or used, where they’re being produced and used, and in what quantities. The revisions close up some major loopholes created by the Bush administration and should give the agency more accurate data for its chemical management program, which GAO tagged in 2009 as being at “high risk” of becoming ineffective. EPA made some important ...

Austan Goolsbee, on Daily Show, Defends Regulations

by Ben Somberg | August 04, 2011
Austan Goolsbee, outgoing Chairman of the Council of Economic Advisers, took to the Daily Show on Wednesday for one last sit-down with Jon Stewart. Stewart included a question on regulations (part 2, at 3:55), and Goolsbee gave a spirited defense: Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 Stewart: Does the president believe business is overregulated? Does he think we are bureaucratically so snafu-d and entangled that that is the problem with the economy right now? Goolsbee: As a general ...

Draft Scientific Integrity Policies Due from Agencies; Progress Unclear

by Matt Shudtz | August 03, 2011
Today marks 90 days since the last milestone in the White House’s push toward improvements in federal agencies’ scientific integrity policies. Agencies that have made progress in this time ought to release their draft plans and open them to public comment.  From an outsider’s perspective, there hasn’t been much progress to evaluate recently. It’s something we’ve gotten used to—after an initial push, this administration has not presented much of a sense of urgency in its efforts to set up new scientific integrity ...

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 ...

EPA Moves Forward Toward Test Rule for BPA; Effects on Humans Still Primarily Outside Scope of Process

by Aimee Simpson | July 29, 2011
EPA made further progress this week in its efforts to move forward with a potential Bisphenol-A (BPA) Test Rule, publishing an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register. Overall this progress is good news, though it’s not without its flaws. EPA completed a draft of the ANPRM in December and sent it over to the Office of Information and Regulatory Affairs (OIRA) for review, pursuant to Executive Order 12866. Despite a 10-working-day deadline for review of ANPRMs, OIRA spent ...

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