Testimony: Maryland Needs Effective Manure Management Policies to Restore Watersheds

by Evan Isaacson | February 23, 2016

Legislative committees in both the Maryland House and Senate are holding hearings this week on the Poultry Litter Management Act, a bill that has been attracting a lot of attention in Maryland and beyond. I have been asked to testify as part of a panel featuring representatives of the United States Geological Survey and the Chesapeake Bay Foundation. The focus of my testimony will be the problems posed by farm animal manure – in this case, poultry litter on Maryland’s Eastern Shore. 

You can read the full testimony here, but the crux of it is that the creation of an effective and comprehensive manure management policy is one of the biggest missing pieces in the puzzle that is the Chesapeake Bay Total Maximum Daily Load (Bay TMDL). Simply put, addressing the massive nutrient imbalance in areas like Maryland’s Eastern Shore and the greater Delmarva Peninsula caused by the poultry industry would be the most effective and cheapest way to accelerate the Bay’s restoration.

I make three main points:

  • Proper manure management is by far the most important part of the strategy for the agriculture sector.  Maryland’s agriculture sector can rightfully claim to be meeting or exceeding many of the “milestone” goals that the state has established to ensure that it stays on track in meeting the Bay TMDL targets. (More on Maryland’s progress – here in summary, here in full.) At the same time, we know that progress ...

Justice Scalia and the American Eco-Kulturkampf

by Robert Verchick | February 22, 2016
Justice Antonin Scalia’s Supreme Court chair sits empty, draped in black wool to honor a man whose intellect and fire-breathing keyboard helped reshape the nation’s political landscape. Depending on how things go, that chair could be empty for a while. Unlike more recent nominations to replace a Justice, a nomination from President Obama could reorient the Court away from its long-standing conservative tilt toward something more progressive or even merely moderate. In the current session alone, important cases involving affirmative ...

What Are 'Ag-Gag' Law Proponents Trying to Hide?

by Mollie Rosenzweig | February 19, 2016
At a time when consumers are demanding greater transparency in the food system – and some food companies are delivering by means of genetically modified organism labeling and removal of artificial food dyes — a troubling North Carolina law that runs counter to that goal has recently gone into effect. The state’s so-called “ag-gag” law prohibits whistleblowers from making audio or video recordings inside industrial agricultural facilities. Following the success of a similar suit in Idaho last year, consumer protection ...

Another Strong DOJ Settlement on Stormwater Pollution - Outside of the Chesapeake Bay Watershed

by Evan Isaacson | February 18, 2016
On May 12, 2009, the federal government finally got serious about protecting the Chesapeake Bay. That’s when President Obama signed Executive Order 13508 on Chesapeake Bay Protection and Restoration, which declared that the federal government would put its shoulder into the multi-state effort to restore the Bay. Taking turns at a podium perched on a bluff overlooking the Potomac River, the Governors of Maryland and Virginia and the Mayor of Washington D.C. praised the President that day for ordering the ...

Justice Scalia and Environmental Law

by Daniel Farber | February 16, 2016
Scalia's decisions were almost unremittingly anti-environmental. Over the past three decades, Justice Scalia did much to shape environmental law, nearly always in a conservative direction.  Because of the importance of his rulings, environmental lawyers and scholars are all familiar with his work.  But for the benefit of others, I thought it might be helpful to summarize his major environmental decisions.  The upshot was to restrict EPA’s authority to interpret environmental statutes, make property rights a stronger bulwark against environmental protection, ...

Midnight Regulations, Shmidnight Shmegulations

by James Goodwin | February 12, 2016
In case you didn’t get the memo:  President Obama is entering the last year of his final term in office, so now we’re all supposed to be panicking over a dreaded phenomenon known as “midnight regulations.”  According to legend, midnight rulemaking takes place when outgoing administrations rush out a bunch of regulations during their last few days in order to burnish their legacy or make concrete several of their policy priorities in ways that would be difficult for a successor—presumably ...

Politico Examines the Obama Legacy

by Matthew Freeman | February 11, 2016
Last month, Politico’s Michael Grunwald published what I suspect is going to be a first draft of history’s judgment of Barack Obama’s presidency. He writes that “a review of his record shows that the Obama era has produced much more sweeping change than most of his supporters or detractors realize.” Grunwald runs a long list of the President’s achievements, including Obamacare, the automobile industry bailout, the stimulus bill that kept the economy from falling off of a cliff, an overhaul ...

The Clean Power Plan: Continuing Momentum after the Supreme Court’s Stay

by Alice Kaswan | February 10, 2016
The Supreme Court’s February 9 stay of the Obama Administration’s Clean Power Plan may have removed the states’ immediate compliance obligations, and it will undoubtedly remove some pressure for action in states resistant to change.  Nonetheless, the extensive data and fundamental state and regional planning processes generated by the Clean Power Plan (the Plan) may continue to bear fruit even as the Plan remains in legal limbo. The Clean Power Plan has already triggered progress.  To determine feasible reductions on ...

Supreme Court Stays Clean Power Plan

by Victor Flatt | February 10, 2016
In a surprising moves to legal experts, the Supreme Court yesterday in a 5-4 ruling stayed the implementation of the EPA’s Clean Power Plan (CPP) supporting greenhouse gas reductions at fossil fuel fired power plants.  The move was surprising because the Supreme Court rarely involves itself in the determinations of whether or not a temporary stay of legal implications is warranted, largely leaving that to lower courts.  The D.C. Circuit, two weeks ago, refused to grant a stay, meaning that ...

New CPR Analysis: Chesapeake Bay TMDL Failure Looms

by Matthew Freeman | February 04, 2016
NEWS RELEASE: Analysis of EPA TMDL Data Documents Looming Failure by Chesapeake Bay States to Meet 2017 Pollution-Reduction Goals In Report & Letters to EPA and Governors, CPR Authors Call on Bay States to Step Up, and on EPA to Begin Enforcement Actions A new analysis from the Center for Progressive Reform concludes that the efforts of the U.S. Environmental Protect Agency (EPA) to restore the Chesapeake Bay to health is veering off course because of state failures to reduce pollution ...

Legacy Goods and the Environment

by Daniel Farber | January 28, 2016
The value of some goods like wilderness today depends on their futures. Normally, economists imagine, equal experiences become less valuable as they recede further into the future.  But some types of goods don’t have that kind of relationship with future experiences.  They can become more valuable as they extend farther into to the future. Take this blog post, for example.  I’m really happy that you’re reading it today.  But it will be even cooler if someone reads it ten years ...

Senate Antiregulatory Package Bill is Selling Corporate Welfare, But the New York Times Editorial Page Isn’t Buying

by James Goodwin | January 20, 2016
Still just a few weeks into the new year, both chambers of Congress are making it clear that attacks on our system of regulatory safeguards will remain a top priority in 2016.   The GOP-controlled House of Representatives has already passed—along partisan lines—two antiregulatory measures, and the Senate appears poised to follow suit with their own antiregulatory package expected to drop sometime this week. CPR Member Scholars and staff are tracking all of these developments, working to educate policymakers about how ...

Maryland's Pressing Stormwater Infrastructure Needs

by Evan Isaacson | January 13, 2016
The water crisis in Flint, Michigan, is a tragic reminder of the hidden costs of our nation’s failing infrastructure.  Whether through benign neglect or deliberate “starve the beast” cost-cutting measures, we are continually seeing the costly and sometimes terrible consequences of failing to meet our infrastructure financing needs.  The American Society of Civil Engineers gave the state of U.S. infrastructure a D+ grade in its most recent 2013 Report Card, which included a D for both drinking water and wastewater ...

President Obama’s Progressive Vision for the Future

by Thomas McGarity | January 13, 2016
President Obama devoted his final state-of-the-union speech to highlighting his administration’s considerable accomplishments, and, more importantly, to articulating a surprisingly robust progressive vision for the future. And that vision properly included a large role for federal regulation.  Noting that “reckless Wall Street,” not food stamp recipients, caused the financial meltdown of 2008-09, the President predicted, “working families won’t get more opportunity or bigger paychecks by letting big banks or big oil or hedge funds make their own rules at the ...

Delmarva CAFO Expansion Continues Despite Calls for a Moratorium

by Evan Isaacson | January 12, 2016
Last September, the Environmental Integrity Project put a spotlight on the dramatic increase in the number of industrial scale poultry houses being established on the Delmarva Peninsula.  In its report, More Phosphorus, Less Monitoring, the organization found that more than 200 new chicken houses had been permitted on the peninsula since November 2014, including 67 in just one Maryland county (Somerset County, on the state’s lower Eastern Shore). Shortly thereafter the Maryland Clean Agriculture Coalition, supported by the Center for ...

Key Environmental Developments Ahead in 2016

by Daniel Farber | January 04, 2016
Here are seven of the most important developments affecting the environment. 2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for.  The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most of the environmental initiatives of the Obama Administration, undoing all the progress that has been ...

Feds Resolve to Expand Criminal Prosecutions of Workplace Safety Violations in the New Year

by Katie Tracy | December 22, 2015
As the year draws to a close and the New Year approaches, people all around the world will be contemplating what they can resolve to do better in 2016. This year, the U.S. Department of Labor (DOL) and U.S. Department of Justice (DOJ) seem to be celebrating the tradition as well. In a move akin to a “New Year’s Resolution” to do better by workers, the two agencies have just announced that they will be expanding their “worker endangerment initiative” to bolster ...

The Paris Agreement and Theories of Justice

by Alice Kaswan | December 21, 2015
As we seek to understand and assess the Paris Agreement over the coming months and years, we will continue to contemplate the critical underlying political and ethical question: who should be responsible?  And to what degree should that responsibility take the form of direct action versus providing support in the form of financing, technology transfer, and capacity-building?  As my Center for Progressive Reform colleague Noah Sachs has observed, the principle of common but differentiated responsibility (CBDR) has been a consistent ...
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