Roll Call: Toxics Control Bill Will Handcuff EPA

by Erin Kesler | September 13, 2013

Earlier this week, Roll Call published an op-ed by CPR Scholars Thomas O. McGarity and Wendy Wagner entitled, "Toxics Control Bill Will Handcuff EPA."

The piece concludes:

In our decades of research and writing on tort law and environmental regulation, we have never seen a pre-emption provision that intrudes more deeply into the civil litigation system at the state level than the one in this bill. If victims of toxic chemical exposure attempt to recover damages at the state level, their cases would have to be dismissed if the EPA had concluded — rightly or wrongly — that a chemical was safe.

For example, Hurricane Katrina victims who were housed in formaldehyde-contaminated Federal Emergency Management Agency trailers successfully sued the trailer manufacturers for damages. Under this bill, if the EPA found that formaldehyde passed its safety test, those families would be denied even their ...

Energy Efficiency is Too Important for Political Stasis

by Rena Steinzor | September 12, 2013
Late last month, the Department of Energy proposed long overdue energy efficiency standards for commercial refrigeration units and published them for public comment yesterday. The rules, which had been held up at OMB’s Office of Information and Regulatory Affairs (OIRA) for almost two years will resultin savings of over $28 billion for businesses over the next 30 years and reductions in carbon emissions of 350 million tons over the same period. As we’ve discussed numerous times, rules are required by ...

The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots

by Erin Kesler | September 09, 2013
Center for Progressive Reform Member Scholar and University of Texas School of Law professor David Adelman has written an article for the Indiana Law Journal entitled,"The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots." According to the abstract:  This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air ...

Important Article on GHG Trading and Hot Spots

by Dave Owen | September 09, 2013
For years, environmental activists have worried that emissions trading systems will create “hot spots.”  The fear, in a nutshell, is that even if the trading system succeeds in reducing overall levels of pollutants, pollution levels in areas with lots of emissions purchasers will rise.  It seems quite plausible to anticipate that the areas seeing increases will contain concentrations of older industrial facilities, and it seems equally plausible, based on years of environmental justice studies, to anticipate that those older facilities ...

GHG Trading and Co-Pollutants: Expanding the Focus

by Alice Kaswan | September 09, 2013
I agree with David Owen’s recent blog post that David Adelman’s article, The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots, makes significant contributions to our awareness of the sources of toxic pollution and our collective responsibility for reducing emissions.  He focuses on the distributional implications of GHG trading for associated co-pollutants, addressing two important environmental justice issues: the extent to which its impacts on industrial emissions could lead to changes in relative levels ...

Obama Deregulatory Proposal on Poultry Gets Slammed by GAO: Food Safety in Jeopardy and Workers Ignored

by Rena Steinzor | September 04, 2013
We’ve often written in this space about the Obama Administration’s very bad idea to take federal inspectors of the line at poultry processing plants, leaving the discovery of blood, guts, and feathers on the carcasses to overworked and underpaid line workers forced to process as many as 70 birds per minute at the average plant. The U.S. Department of Agriculture (USDA) is the architect of this proposal to “modernize” the food safety system without requiring a single additional test to make ...

Bragg, Takings, and the Economics of Limited Resources

by Dave Owen | September 03, 2013
Last week,  the Court of Appeals of Texas, Fourth District handed down Bragg v. Edwards Aquifer Authority, a decision that anyone interested in takings or water law ought to read (the Lexis cite is 2013 Tex. App. LEXIS 10838).  The Braggs had brought a takings claim alleging that the Edwards Aquifer Authority’s regulatory restrictions on the Braggs’ groundwater use amounted to a regulatory taking.  The appellate court agreed and remanded for an assessment of damages.  But I suspect—and hope—the case will first ...

Another Week, Another Ill-Considered Attempt To Undercut Regulations

by Ross Eisenbrey | August 28, 2013
No week seems to go by without an imbalanced attack on regulatory protections by a trade association, a “think-tank,” a member of Congress, or a journalist. These attacks frequently feature a reference to the growth in the Code of Federal Regulations, even though it is a meaningless measure of whether we’re overregulated. In offering another bill to diminish regulation, Sen. Angus King, for example wrote last week that, “According to a recent study by the Progressive Policy Institute, the number ...

Analysts Mislead in Their Push to Weaken FDA’s Produce Rule

by Michael Patoka | August 27, 2013
In January of this year, the Food & Drug Administration proposed a rule on produce safety, as required by the 2011 Food Safety Modernization Act (FSMA). The rule would establish comprehensive standards designed to prevent foodborne illnesses linked to fruits, vegetables, and nuts—like the ongoing Cyclospora outbreak that has sickened 630 people so far, or the 159 cases of Hepatitis A caused by imported pomegranate seeds. Sofie Miller and Cassidy West, two analysts from the George Washington University Regulatory Studies ...

Competitive Chemical Regulation: A Greener Alternative

by Wendy Wagner | August 26, 2013
In 2005, the City of Austin discovered that coal-tar based asphalt sealant was killing the highly endangered Barton Springs salamander. The sealant was leaching off freshly sealed parking lots and entering downstream pools where these fragile animals live. The surprise ending to the City’s detective work was not only that the sealant was gradually destroying its river system but also that other asphalt sealants were far safer. More specifically, when the City investigated the market, it learned that there were other sealants that ...

OSHA Announces Proposed Silica Rule – Let’s Keep it Rolling

by Thomas McGarity | August 23, 2013
After more than two years of White House review, OSHA has finally published its proposed new standards for silica exposure. Secretary of Labor Tom Perez, Assistant Secretary David Michaels, and many other people both inside and outside the agency deserve congratulations for finally shaking the proposal loose from the clutches of the president’s regulatory review team in OMB’s Office of Information and Regulatory Affairs. The publication of the proposal is an important step towards protecting millions of Americans who are exposed to ...

CPR President Rena Steinzor: Regulatory Backlogs Threatens Health and the Environment

by Erin Kesler | August 23, 2013
Yesterday, The Hill published an opinion piece by Center for Progressive Reform President Rena Steinzor entitled, "Regulatory backlog threatens health and the environment." According to Steinzor: Opponents of regulation also seek to undermine the very legitimacy of agency rulemaking by fostering public hostility toward government and belittling life-saving regulation as “red tape.” What results is the gross politicization of the regulatory process, resulting in long delays and weaker rules, as measured in lives and health. For example, the cost of ...

CPR's Verchick to Testify before California's Little Hoover Commission

by Matthew Freeman | August 21, 2013
Update: Verchick's testimony is here. On Thursday, August 22, CPR Member Scholar Robert R.M. Verchick will testify before California's "Little Hoover Commission" about land-use planning to address the threat of climate change. The Commission is conducting a study of climate-change-adaptation efforts in the state, and Verchick, a professor at the Loyola University New Orleans College of Law and a former EPA official, will bring his expertise in environmental regulation, climate change adaptation and disaster law to the table. We'll post his testimony to ...

BP Flouts the Rule of Law (Yet Again)

by Rena Steinzor | August 19, 2013
Like no other mammoth corporation that did very bad things—not Enron, not WorldCom, not Exxon, and not even HSBC (which, after all, laundered money for the Mexican drug cartel and was allowed to pay a fine without pleading guilty!)—BP has not lost its arrogant swagger. In a fit of high dudgeon it filed a lawsuit last week challenging the one step the federal government has taken that could actually hurt the company over the long run: the long-overdue debarment of this ...

A Comic Book Sparks Kids Toward Environmental Justice

by Rebecca Bratspies | August 15, 2013
This blog is cross-posted on The Nature of Cities. In my first blog post for The Nature of Cities, I wrote about environmental justice as a bridge between traditional environmentalism and an increasingly urban global population. I suggested that we had work to do to makes environmental concerns salient to a new, ever-more urban generation. Since then, I have been working to test this hypothesis. To that end, I developed an environmental justice education project being implemented in New York City schools. ...

Do you want overworked inspectors in charge of your meat’s safety?

by Celeste Monforton | August 13, 2013
More than 400 inspectors with the USDA’s Food Safety Inspection Service (FSIS) worked, on average, more than 120 hours each two-week pay period.    Those were the findings of the agency’s Inspector General in an report issued late last month.  Their investigation covered FY 2012, and included field work conducted from November 2012 through February 2013. FSIS inspectors are assigned to more than 6,000 meat, poultry and egg processing plants in the U.S.  They are responsible for ensuring that the product sold ...

The Regulatory Czar’s Recent Blog on Truck Driver Paperwork and the West, Texas, Tragedy

by James Goodwin | August 12, 2013
Last week, Regulatory Czar Howard Shelanski embarked on his maiden voyage into the glamorous world of White House blogging, penning a post that touts the latest burden-reducing accomplishment of President Obama’s dubious regulatory “look-back” initiative.   On this auspicious occasion, he trumpets the Department of Transportation’s (DOT) proposed rulemaking to reduce the number of inspection reports that commercial truck drivers have to file, resulting in reduced paperwork burden costs to the tune of $1.7 billion annually. Shelanski makes clear in the ...

Nebraska Activists Making a Difference in the Keystone XL Fight

by Sandra Zellmer | August 12, 2013
A Nebraskan activist?  Wait, you say, isn’t that an oxymoron?  But the typically stoic, non-litigious citizens of Nebraska are indeed standing up and taking notice, and the nation is starting to take notice of them. A few days ago, a Washington Post headline predicted, “Nebraska trial could delay Keystone XL pipeline.”  As you may already know from the news and my previous blogs, the State Department released a draft supplemental environmental impact statement (EIS) on the pipeline in March.  It initiated this supplemental review to ...
Recommended Resources:
Regulatory Policy
Assault on Our Safeguards

The Center for Progressive Reform

455 Massachusetts Ave., NW, #150-513
Washington, DC 20001
info@progressivereform.org
202.747.0698

© Center for Progressive Reform, 2015