LA Times Op-Ed: EPA Scientists Said Ban the Pesticide Chlorpyrifos. Scott Pruitt Said No

by Carl Cranor | June 08, 2017

This op-ed originally ran in the Los Angeles Times.

Miners carried canaries into coal mines; if the canary died, it was an early warning of the presence of toxic gases that could also asphyxiate humans or explode. The Trump administration has decided to use children and farmworkers as 21st century canaries, continuing their exposure to a pesticide named chlorpyrifos that has been linked to serious health concerns.

The toxicity of this commonly used pesticide was demonstrated in early May when chlorpyrifos sprayed on a Bakersfield orchard drifted into a neighboring cabbage field, sickening a dozen farmworkers. One was hospitalized.

This is the same chemical that Scott Pruitt, the new administrator of the Environmental Protection Agency, refused to ban in March, despite the advice of EPA scientists.

In November 2016, EPA scientists reported that residues of chlorpyrifos on food crops exceed the federal safety standards for pesticides. Their analysis also found that in areas of extensive but permitted chlorpyrifos use, exposure to the chemical from drinking water exceeds levels safe for human consumption. Workers “who mix, load and apply chlorpyrifos pesticide products,” according to the analysis, face particular risks.

Chlorpyrifos is sprayed on turf and on agricultural fields, sometimes close to schools or residential areas. It is used on golf courses, playgrounds, row crops and fruit trees. Those working or playing in these ...

Trump's Proposed Budget Cuts to Climate Programs Hurt American Agriculture

by David Flores | June 07, 2017
President Trump's historic retreat from the Paris climate accord last week is just the latest installment in the story of how his administration's anti-science and anti-protections policies with respect to climate change could do grave harm to many aspects of American life. His proposed budget is likely to be the next chapter.  While Trump sees the issue through coal-colored lenses, it's clear to anyone paying attention to actual science that that the impacts of climate change have and will continue ...

Questions Arise as Senate Prepares to Take Up Nomination for Key Trump Regulatory Post

by Robert Verchick | June 06, 2017
Tomorrow, the Senate Committee on Homeland Security and Governmental Affairs will examine and likely vote on President's Trump's selection for Administrator of the Office of Information and Regulatory Affairs (OIRA). OIRA is the most important government office most Americans have never heard of. It is the depot through which all regulatory freight must pass, the place where ideas go to be sorted, weighed, green-lighted, or buried. It's the ganglia of the president's bureaucratic brain. At the center of those fluttering ...

The Congressional Review Act Is No Solution

by James Goodwin | June 01, 2017
This post was originally published on The Regulatory Review. Over the last several years, conservative opponents of regulatory safeguards for health, safety, the environment, consumers, and the economy have gradually coalesced around a grand theory for why the supposed balance of policymaking powers between the executive and legislative branches has become so, well, unbalanced. These opponents’ theory goes something like this: Congress faces strong incentives to delegate too much substantive policymaking authority to federal agencies because delegation creates a political “win-win.” By passing statutes with ...

Paris Withdrawal Could Lead to 'Lost Century'

by Noah M Sachs | June 01, 2017
The President’s decision to withdraw the United States from the Paris Agreement is a tragedy born of his failure to appreciate the vital importance of U.S. leadership in the world. It’s particularly regrettable coming as it does on the heels of his performance in Europe last week, during which his refusal to embrace the fundamental underpinnings of NATO rocked the alliance. By abandoning the Paris Agreement, Trump continues on a reckless path of pretending that the dire threat posed by ...

Slowly and Grudgingly, Change Is Coming to Coal Country

by Daniel Farber | May 30, 2017
A sign of the times: Fox News has reported, without comment, that the Kentucky Coal Museum is installing solar panels to save money. This is part of a larger trend. On Saturday, the New York Times reported on shifts in power production in states like West Virginia and Kentucky. For instance, Appalachian Power has “closed three coal-fired plants and converted two others to gas, reducing its dependence on coal to 61 percent last year, down from 74 percent in 2012.” In response to an ...

Trump Budget Would Rob Public Programs to Give Money to Private Corporations

by Katie Tracy | May 26, 2017
President Trump’s FY 2018 budget request may be DOA in Congress, but it nonetheless offers critical insight into how he expects to pay for his border wall, increase defense spending, offer up a trillion-dollar infrastructure plan, and carry out his other pet projects, all while cutting corporate taxes. The bottom line is that he intends to eliminate some public programs and rob many others, and give that money to private corporations. The Trump budget proposal to slash funding for the ...

New Amicus Supports Challenge to Trump's 'Two-for-One' Order

by James Goodwin | May 25, 2017
Yesterday, ten distinguished law professors, all of them CPR Member Scholars writing in their individual capacities, filed an amicus brief in support of a lawsuit brought by Public Citizen, the Natural Resources Defense Council (NRDC), and the Communication Workers of America challenging as illegal and unconstitutional the Trump administration’s Executive Order 13771. The order requires agencies to identify at least two existing rules to repeal for every new one they seek to issue and to ensure that the money companies would ...

Whither WOTUS?

by Daniel Farber | May 24, 2017
President Trump ordered EPA and the Army Corps to review the Obama Administration’s Waters of the United States (WOTUS) rule, which sets expansive bounds on federal jurisdiction over water bodies and wetlands. The agencies have sent the White House a proposal to rescind the WOTUS rule and revert to earlier rules until they can come up with a replacement. In my view, either the agencies will have to dive deep into the scientific thicket in the hope of justifying a new ...

The Depraved Indifference of Hollow Government

by Matt Shudtz | May 23, 2017
From the safety of Air Force One en route from Tel Aviv to Rome, President Trump dropped his FY 2018 budget on Washington, D.C., and sent OMB Director Mick Mulvaney to run point on the ground. They like to talk about it as a "hard power" budget. What they don't like to talk about are the consequences of unleashing such firepower on the American public. Make no mistake about it, this budget is the realization of several decades' travail by ...

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

by Bill Funk | May 22, 2017
Originally published on The Regulatory Review by CPR Member Scholar William Funk. Professor Kent Barnett recently opined in The Regulatory Review that formal rulemaking really is not that bad and may actually be a good thing in certain circumstances. His argument deserves closer review because the proposed Regulatory Accountability Act (RAA) would require the equivalent of formal rulemaking—or what the bill calls a "public hearing." Barnett may well be right to suggest that in some situations the costs of formal rulemaking could ...

Ahead of Markup, CPR Member Scholars Voice Concerns over the Senate Regulatory Accountability Act

by James Goodwin | May 16, 2017
Today, 27 Member Scholars of the Center for Progressive Reform, leading academics who specialize in administrative law and regulatory policy, submitted a letter to Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson and Ranking Member Claire McCaskill outlining their serious concerns with the Senate Regulatory Accountability Act. That bill is among several aimed at undermining our system of regulatory safeguards that are set to be marked up by the committee at its business meeting on Wednesday. Others set ...

CPR Scholars' Recent Op-Eds

by Matthew Freeman | May 15, 2017
CPR Member Scholars continue to make their voices heard on the nation’s opinion pages. You can always review the latest and greatest pieces on our op-eds page, but here’s a roundup from the last few weeks to save you a couple clicks. Two CPR Member Scholars had pieces in The American Prospect in mid-April. Tom McGarity called out the right wing’s on-again, off-again allegiance to states’ rights in "Trumping State Regulators and Juries." McGarity writes, “Conversations about how progressive states ...

Thinking Globally, Acting Transnationally

by Daniel Farber | May 12, 2017
The U.S. government obviously isn't going to be taking a global leadership role regarding climate change, not for the next four years. At one time, that would have been the end of the story: the only way to accomplish anything internationally was through national governments. But we live in a different world today, and there are other channels for international action against climate change. Today, transnational networks of state and local governments, private firms, and NGOs are actively addressing climate ...

Trump's Fossil Fuel Dream Team Faces Climate Change's Checks and Balances

by David Hunter | May 05, 2017
Due to the blinders of his fossil fuel dream team and the industry's myths denying climate change (#ExxonKnew), President Donald Trump seems once again on the verge of withdrawing from the Paris climate change accord. That's a fool's errand. Withdrawal from the Paris Agreement would be a major blow to U.S. standing and leadership in the world. It would also slow our country's efforts to do our part in avoiding catastrophic climate change. So why is he even considering a ...

Trump's Plan to Dismantle National Monuments Comes with Steep Cultural and Ecological Costs

by Sandra Zellmer | May 04, 2017
Professors Michelle Bryan and Monte Mills of the University of Montana co-authored this article with Center for Progressive Reform Member Scholar and University of Nebraska—Lincoln Professor Sandra Zellmer. It originally appeared in The Conversation on May 3, 2017. In the few days since President Trump issued his Executive Order on National Monuments, many legal scholars have questioned the legality of his actions under the Antiquities Act. Indeed, if the president attempts to revoke or downsize a monument designation, such actions ...

Reaching Higher Ground in the Face of Climate Change

by David Flores | May 03, 2017
We've seen a flurry of news coverage in the last several weeks on climate migration, displacement, and relocation. In a new report published today, the Center for Progressive Reform explores these issues and examines tools and resources that communities can use when faced with the challenges of relocating out of harm's way.  The New York Times Magazine recently profiled one homeowner in Norfolk, Virginia, who purchased a home that had never been flooded, but in the ten years since has ...

Anything but Moderate: The Senate Regulatory Accountability Act of 2017

by James Goodwin | May 02, 2017
Today, Center for Progressive Reform Member Scholars and staff are releasing a comprehensive analysis of the Senate Regulatory Accountability of 2017 (S. 951), which Sens. Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced last week. Our analysis explains how S. 951 would drastically overhaul the Administrative Procedure Act, which has successfully guided agency enforcement of public safeguards for over 70 years. A summary of the key findings of the analysis is also available.  The bill is the latest legislation to ...

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