At House Judiciary Hearing, CPR's Steinzor to Call for Repeal of Congressional Review Act

by James Goodwin | September 27, 2017

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 case for repealing the CRA, arguing that it is an ineffective tool for overseeing the executive branch and its recent abuses have served only to further erode public esteem for Congress as a democratic institution. 

Steinzor's testimony summarizes the damage that Congress has done to its own reputation through its misguided abuse of the CRA in the following stark terms: 

I agree that the 115th Congress demonstrated rapid decision-making by killing 14 rules in a period of just a few weeks. But that rapid-fire spate of activity attracted more negative publicity than regulatory issues have achieved in many years. The story line of the coverage in most media outlets was that, at the behest of special interest lobbyists, especially those representing the profitable oil and gas and financial services sectors, Congress killed rules that seem to make a lot of sense. The impression left was that Congress is controlled by money, not rational, well-researched debate ...

CPR Scholars to EPA, Army Corps: Scrapping the Clean Water Rule is Unlawful, Unwise

by Dave Owen | September 26, 2017
On September 25, a group of Member Scholars from the Center for Progressive Reform (CPR) submitted comments on the Trump administration's proposed rollback of the "waters of the United States" rule (technically, the rollback rule has been issued by EPA and the U.S. Army Corps of Engineers, but its support within those agencies comes only from the Trump administration's political appointees). The proposed rule addresses the scope of federal jurisdiction under the Clean Water Act – which means, in non-legal terms, ...

Baltimore Sun Op-Ed: Preparing for Hurricanes Should Not Fall to Ratepayers

by Matt Shudtz | September 20, 2017
This op-ed originally ran in the Baltimore Sun. The full scope of the heartbreaking devastation wrought by hurricanes Harvey and Irma — the human, economic and environmental toll — may not be completely understood for years. As we do what we can to help the victims, it is also time to think about how we can prepare for the inevitable here in Baltimore. After all, Baltimore floods more than most other cities in the United States and gets little help ...

Senate to Hold Confirmation Hearing on Another Round of Industry-Friendly EPA Nominees

by Matt Shudtz | September 19, 2017
UPDATE: The Senate Committee on Environment and Public Works has rescheduled the confirmation hearing originally slated for Wednesday, September 20. The committee now plans to hold the hearing on Wednesday, October 4. Three influential EPA offices – the Offices of Air, Water, and Chemical Safety and Pollution Prevention – share a common attribute. Each is at the center of a defining battle over its future. What is the future of climate regulation at EPA? How will the agency define "waters of ...

No Job and No Paycheck After Harvey and Irma

by Katie Tracy | September 15, 2017
In the wake of Hurricanes Harvey and Irma, thousands of Texans and Floridians are out of work, some indefinitely. Without knowing when their employers might reopen for business (if at all) , many are uncertain how they're going to afford their next meal or purchase basic necessities, much less repair their damaged homes and property. At the same time, monthly bills are coming due. Vice News recently shared one Houston family’s gripping story of how Harvey has devastated them financially. ...

As Irma Hits Florida, Trump's Risk Is Different from His Neighbors'

by David Flores | September 09, 2017
As Hurricane Irma takes aim at the Florida coast, questions about property and community vulnerabilities abound, including for some of President Donald Trump's properties. A brief analysis by the Center for Progressive Reform (CPR) has found that while Trump's properties, including Mar-a-Lago, face significant risk of damage from the hurricane and from the ongoing impacts of climate change, surrounding neighborhoods and communities will have a much more difficult time rebuilding and recovering from the storm.  Three Trump developments in South ...

You Are No Theodore Roosevelt

by Evan Isaacson | September 05, 2017
Last month, Secretary of the Interior Ryan Zinke submitted his long-anticipated report to President Trump that recommends dismantling and looting some of America's treasured monuments and antiquities. (This was interesting timing, given that the president stood firmly behind the preservation of some other, far less-cherished monuments.) In anticipation of the report, Theodore Roosevelt IV, the 26th president's great-grandson, wrote a letter to the editor in the Houston Chronicle telling Zinke that his actions have failed to live up to the legacy ...

Trump Administration Policies Will Make Americans More Vulnerable to Toxic Floodwaters

by David Flores | August 30, 2017
As the country bears witness to the impacts of Hurricane Harvey, a storm unlike any other, the Trump administration's policy of rolling back worker, emergency response, and environmental safeguards will all but ensure that victims of future flooding events will be exposed to toxic contamination. Over just a 36-hour period, an estimated 9 trillion gallons of rainwater deluged Texas, affecting millions and displacing tens of thousands along the Gulf Coast and in Houston. As the rainfall and flooding wear on this week, emergency ...

As Texas Floods, President Trump Backpedals on Resiliency

by Alice Kaswan | August 28, 2017
With a sense of horror, the nation is watching waters rise in southeastern Texas as now-Tropical Storm Harvey spins across the Gulf Coast. While no individual storm can be attributed to climate change, scientists predict more intense storms, and the wisdom of preparing for future floods has never been clearer. And yet, less than two weeks ago, President Trump issued an executive order that rolled back a federal flood standard designed to anticipate intense flooding. Instead of investing in infrastructure ...

Law Professors from Every Coast Ask SCOTUS to Weigh in on Louisiana Coastal Wetlands Case

by Matt Shudtz | August 23, 2017
Last week, more than two dozen law professors from around the country – many of them CPR Member Scholars – filed a friend-of-the-court brief with the U.S. Supreme Court, urging a fresh look at a lower court decision with sweeping implications for the balance of power between states and the federal government. The issue is vital to Louisiana because it affects whether oil and gas companies can be held liable for decades of damage they have done to the state's ...

Summer: The Season of Sickness for America's Waters

by Evan Isaacson | August 16, 2017
It's that time of year again. No, I don't mean time for back-to-school sales, last-ditch beach getaways, or Shark Week re-runs. Instead, I'm referring to the time of year when we're once again reminded just how sick our waterways are. Every year around this time, we read about massive dead zones and toxic algal blooms infecting large swaths of our nation's inland and coastal waters. The combination of warming water temperatures and fertilizer runoff during the growing season leads to ...

200 Days and Counting: Pollution and Climate Change

by Daniel Farber | August 11, 2017
Rolling back EPA regulations is one of the Trump administration's priorities. The most notable example is Obama's Clean Power Plan, which aimed to cut CO2 emissions from power plants. The other rule that has gotten considerable attention is the so-called WOTUS rule, which defines federal jurisdiction to regulate wetlands and watersheds. But these are not the only rules in the crosshairs. EPA has announced plans to reconsider a rule limiting emission of toxic substances from power plants, rules dealing with ...

The Hill Op-Ed: The House Recently Sided with Big Banks over Consumers

by Martha T. McCluskey | August 07, 2017
This op-ed originally ran in The Hill. Did you read the fine print when you signed up for your credit card, a loan on your car, or a new checking account? Chances are, you missed an important provision called a "forced arbitration clause." This provision says that if the bank or credit card company has made a mistake it refuses to correct, or even cheated you out of money, you cannot sue to attempt to get your money back. Instead, you ...

New Report Shows State Endangered Species Laws Come Up Short in Protecting Imperiled Plants, Animals, Habitats

by Alejandro Camacho | August 04, 2017
In spite of its documented success in conserving vulnerable species and ecosystems, as well as robust and enduring support among American voters, the federal Endangered Species Act has not been spared from calls to devolve funding and authority from the federal government. As this trend has gained increasing support within the 115th Congress and the Trump administration, Sen. John Barrasso (R-WY), Chairman of the Senate Environment and Public Works Committee, is widely expected to introduce legislation that seeks to erode ...

The Trump Deregulatory Agenda: Health, Safety, Environmental, and Consumer Protection Rules in the Crosshairs

by Rena Steinzor | August 02, 2017
Obama's Fall 2016 Versus Trump's Spring 2017 Unified Agendas On July 20, 2017, the Trump administration announced that it was going to kill hundreds of rules considered by previous administrations to protect public health, worker and consumer safety, the environment, and working people navigating the financial services marketplace. The Trump Spring 2017 "regulatory agenda" was lengthy and complicated. To understand its full implications, you needed to compare it to the last regulatory agenda issued by the Obama administration in the ...

A Striking About-Face on EPA's Progress in Protecting Us from Chemical Hazards

by Matt Shudtz | August 01, 2017
August is the time for back-to-school shopping, leading parents everywhere on the search for the best deals to fill our kids' backpacks. When that search ends at bargain outlets and dollar stores, though, there is a hidden cost many may not be aware of: the health burden from toxic chemicals in cheap consumer goods. Our chemical safety laws do not do enough to protect our children and families, so public health advocates like the Campaign for Healthier Solutions are putting ...

When Deciding Which Endangered Species to Prioritize, What Role Do Biodiversity and Ecosystem-Level Assessments Play?

by Jarryd Page | July 31, 2017
This post is the second of a pair focused on the challenges facing the Endangered Species Act and the U.S. Fish and Wildlife Service in the 21st century. You can read the first post here.  In drafting the 1973 Endangered Species Act (ESA), Congress gave explicit attention and priority, and therefore funding, to individual species. Rather than approaching species conservation through a more holistic consideration of a species' importance within its ecological community, giving broader attention to biodiversity, or looking ...

Does Species Triage Make Sense for the Fish and Wildlife Service?

by Jarryd Page | July 31, 2017
This post is the first of a pair focused on the challenges facing the Endangered Species Act and the U.S. Fish and Wildlife Service in the 21st century. You can read the second post here. Imagine yourself in a sinking ship. The water is rising quickly. Around you are 20 unique, precious artifacts, among the last of their kind to exist on Earth. You only have the capacity to rescue 10 pounds of these objects – if you try to take on ...

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