CPR Scholars Support 'Hide no Harm' Bill to Hold Corporate Officers Accountable for Negligence

by Erin Kesler | July 15, 2014

New legislation introduced by Senator Blumenthal (D-CT) and co-sponsored by Sens. Bob Casey (D-Pa.) and Tom Harkin (D-Iowa) would ensure that corporate executives who knowingly market life-threatening products or continue unsafe business practices are held criminally responsible when people die or are injured.  

Under the Hide No Harm Act, key corporate managers will be required by law to report serious dangers to relevant government agencies, employees and affected members of the public.

CPR Member Scholars wrote in support of the bill to Senators in a letter last month.

According to the letter:

The recent General Motors (GM) ignition switch scandal vividly illustrates the catastrophic consequences that can result when corporations fail to disclose the known dangers associated with their harmful business activities.   The now highly profitable auto manufacturer—$3.8 billion last year alone—determined that the estimated $2.3-million-fix for the problem ($0.90 fix for 2.6 million cars total) was just too costly to undertake.  Instead, GM concealed the problem for more than a decade as part a concerted campaign that included repeatedly lying to its customers, the media, and the National Highway Traffic Safety Administration (NHTSA), the federal agency charged with overseeing car safety.  All the while, GM’s customers continued to climb into cars that the company knew were not safe.  GM admits that 13 people died in crashes caused by the faulty switch.

Similar to GM, other companies appear ...

Citizen Enforcement: Preventing Sediment Pollution One Construction Site at a Time

by Anne Havemann | July 15, 2014
I will never look at a construction site the same way again. Certain types of pollution—mostly sediment, nitrogen, and phosphorus—run into the Chesapeake Bay and fuel algal blooms, creating dead zones where crabs, oysters and other Bay life cannot survive. Indeed, the Chesapeake is on track to have an above-average dead zone this year. Construction sites are a major source of sediment runoff. When mud washes from a single construction site, it can damage three miles of downstream waters. Recovery ...

Give Them an Inch … And They’ll Take Twenty Years

by Catherine O'Neill | July 14, 2014
The Environmental Protection Agency (EPA) has gone to exceeding lengths to defer to states’ efforts to bring their water quality standards into the twenty-first century.  But the state of Washington has shown the perils of this deferential posture, if the goals of the Clean Water Act (CWA) are ever to be reached for our nation’s waters.  After months and years of delay, Governor Jay Inslee held a press conference this week to unveil his long-awaited plan for updating Washington’s water quality ...

USDA Submits Poultry Rule to OMB: The Facts

by Matt Shudtz | July 11, 2014
Yesterday, USDA submitted its draft final rule on poultry slaughter “modernization” to OMB for formal review.  This rule, as regular readers of CPR Blog will remember, would remove USDA inspectors from poultry slaughtering facilities, transfer some of their food safety and quality control duties to plant employees, and allow the plants to increase their line speeds to an astonishing 175 birds per minute.  On top of that, the rule allows each plant to develop its own testing protocols for E. ...

Department of Agriculture Sends Misguided Fiasco of a Poultry Processing Rule to the White House

by Rena Steinzor | July 11, 2014
The U.S. Department of Agriculture (USDA) sent its benighted poultry processing rule to the White House for final review.  The millions of consumers who eat undercooked chicken at their peril and the beleaguered workers in these dank, overcrowded, and dangerous plants can only hope the President’s people come to their senses over there and kill this misguided fiasco.  Ordinarily, we would have hoped that Department of Labor secretary Tom Perez would have put his foot down before USDA proceeded with ...

CPR President Rena Steinzor Testifies at House Hearing on Federal vs. State Environmental Policy and Constitutional Considerations

by Erin Kesler | July 11, 2014
Today, CPR President Rena Steinzor testifes at a House Energy and Commerce Subcommittee on the Environment and the Economy Hearing entitled, "Constitutional Considerations: States vs. Federal Environmental Implementation Policy." According to her testimony: As I understand the situation, the Subcommittee’s leadership called this hearing in part to explore the contradiction between the notion that legislation to reauthorize the Toxics Substances Control Act (TSCA) should preempt any state authority to regulate chemical products with the notion that the federal government should depend on ...

CPR Issue Alert: EPA Raps Chesapeake Bay States for their Weak Restoration Commitments

by Anne Havemann | July 02, 2014
Pennsylvania, the source of nearly half of the nitrogen that makes its way into the Chesapeake Bay, is falling dangerously behind in controlling the pollutant. Delaware is dragging its feet on issuing pollution-control permits to industrial animal farms and wastewater treatment plants. Maryland has fallen behind on reissuing expired stormwater permits and is not on track to meet that sector’s pollution-reduction goals. These are some of the findings of a series of reports the Environmental Protection Agency (EPA) issued late ...

NLRB gets an earful on its “joint employer” definition

by Matt Shudtz | June 30, 2014
A coalition of occupational health and safety experts submitted an amicus brief to the National Labor Relations Board (NLRB) last Thursday, urging the Board to reconsider its restrictive definition of “joint employer” for purposes of collective bargaining.  It’s a critical issue for workers as more and more are getting jobs through temp firms, staffing agencies, and other complex employment relationships.  The workers who got your last-minute Father’s Day gift from the Amazon warehouse to your front door, for instance, don’t ...

States and localities are where it’s at, opportunities to win safer workplaces

by Celeste Monforton | June 26, 2014
Cross-posted from The Pump Handle. Luis Castaneda Gomez, 34 and Jesus Martinez Benitez, 32 were asphyxiated in June 2011 when they were doing repairs inside a manhole. Their employer, Triangle Grading and Paving, was hired by the City of Durham, NC to make water line repairs. The firm had a history of violating worker safety regulations. Worse yet, it was not the first time an employee of Triangle Grading was killed on-the-job. Durham, like most municipalities, did not have effective ...

Winning Safer Workplaces

by Matt Shudtz | June 26, 2014
Thousands of U.S. workers die on the job each year, the victims of unsafe workplaces. Countless more are injured, some permanently disabled, or exposed to toxic substances that could eventually harm or kill them. While the federal Occupational Safety and Health Administration has made progress to improve workplace safety since Congress passed the OSH Act in 1971, a new advocacy manual from the Center for Progressive Reform focuses on the progress on worker safety issues  likely to come at the ...

Utility Air Regulatory Group v. EPA: Little Impact on EPA Regulation of Greenhouse Gases

by Alice Kaswan | June 25, 2014
In Utility Air Regulatory Group v. EPA, seven members of the Supreme Court upheld the most important feature of the EPA’s Prevention of Significant Deterioration (PSD) program: the ability to require the vast majority of new and modified sources to install the “Best Available Control Technology” for reducing greenhouse gases (GHGs).  As a consequence, eighty-three percent of significant new and modified sources will continue to be subject to the BACT requirement for their GHG emissions. Although the Court reversed, by ...

Today's Supreme Court Ruling: Three Key Questions

by Daniel Farber | June 23, 2014
Direct implications are limited, but we'll be reading the tea leaves for future implications. Scholars, lawyers, and judges will be spending a lot of time dissecting today’s ruling.   Overall, it’s a bit like yesterday’s World Cup game — EPA didn’t win outright but it didn’t lose either. Here are three key questions with some initial thoughts: What is the direct legal impact of the ruling?  This was really a split decision.  Some sources will escape being covered by EPA’s ...

Enforcement and Regulatory Governance

by Robert Glicksman | June 23, 2014
Co-authored with David L. Markell. Enforcement is widely acknowledged to be an indispensable feature of effective governance in the world of environmental protection and elsewhere. Unfortunately, criticisms of the U.S. government’s efforts to enforce the environmental laws began almost with the inception of the Environmental Protection Agency (EPA) more than forty years ago – and they continue virtually unabated today. In a 2012 report, for example, the U.S. Government Accountability Office(GAO) noted that “EPA has reported that it is not achieving ...

Controlling Power Plants through Clean Air Act § 111(d): Achieving Co-Pollutant Benefits

by Alice Kaswan | June 19, 2014
Power plants are not only one of the nation’s largest sources of greenhouse gases, they are also a significant source of sulfur dioxide, nitrogen oxides, particulates, and mercury, all of which have direct public health and welfare consequences. EPA’s recently proposed Clean Power Plan, which applies Clean Air Act § 111(d) to reduce greenhouse gases (GHGs) from the nation’s fleet of fossil-fuel power plants, will have important implications for these ubiquitous co-pollutants.  Although the primary goal of the Clean Power ...

India Launches Sweeping Mandatory Program on Corporate Social Responsibility

by Noah M Sachs | June 12, 2014
With little notice in the West, India has just launched the most far-reaching corporate social responsibility (CSR) program in the world.  The CSR law, which took effect April 1, requires large and mid-sized firms to contribute at least 2% of their pre-tax profits (averaged over the previous three years) to social, health, educational, or environmental causes.  It also requires companies to prepare a formal CSR policy and to report annually on their CSR activities.  The CSR law, section 135 of ...

Does OIRA Live Up to Its Own Standards?

by Daniel Farber | June 11, 2014
OIRA should conduct a cost-benefit analysis of its own activities and explore alternatives to its current oversight methods. A White House office called OIRA polices regulations by other agencies in the executive branch.  OIRA basically performs the role of a traditional regulator – it issues regulations that bind other agencies, and agencies need OIRA approval before they can issue their own regulations.  Essentially, then OIRA regulates agencies like EPA the same way that those agencies regulate industry.  Issuing regulatory mandates and permits ...

Remedying Toxic Exposures: Will CERCLA Continue to Help?

by Robin Kundis Craig | June 11, 2014
On Monday, June 9, 2014, the U.S. Supreme Court decided CTS Corp. v. Waldburger, --- U.S. ---, --- S. Ct. ---, 2014 WL 2560466 (June 9, 2014), a case that posed the seemingly simple legal question of whether the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” also known as Superfund), 42 U.S.C. §§ 9601-9675, preempts state statues of repose. Behind that legal question, however, lies the issue of whether the plaintiffs landowners do or should have a state-law ...

Clean Energy Politics

by Joseph Tomain | June 09, 2014
The EPA’s June 2, 2014 announcement of a Clean Power Plan is momentous. On the surface, its scope, complexity, potential for myriad legal challenges and, not to mention, the difficulty of gathering reliable cost and benefit data, make it so. Mothers should advise their children to grow up to be energy lawyers, not cowboys.  However, what makes this proposed rule more significant are the below the surface core principles and concepts that make the Clean Power Plan a game changer for ...
Recommended Resources:
Climate Change
Time for Real Action on Global Warming

The Center for Progressive Reform

2021 L St NW, #101-330
Washington, DC. 20036
info@progressivereform.org
202.747.0698

© Center for Progressive Reform, 2015