CPR's 2018 Op-Eds, Part One
CPR’s Member Scholars and staff are off to a fast start on the op-ed front in 2018. We list them all on our op-ed page, but here’s a quick roundup of pieces they’ve placed so far.
Member Scholar Alejandro Camacho joins his UC-Irvine colleague Michael Robinson-Dorn in a piece published by The Conversation. In "Turning power over to states won't improve protection for endangered species," they summarize their recent analysis of state endangered species laws and state funding for enforcement. They write, “Our review shows that most states are poorly positioned to assume primary responsibility for endangered species protection. State laws generally are weaker and less comprehensive than the Endangered Species Act,” and the states themselves are contributing just 5 percent of funding for enforcement of the Act.
In the Bay Journal, Rena Steinzor and David Flores update an op-ed from the end of last year. In “Bay jurisdictions’ no-action climate policy puts restoration in peril,” they take states in the region to task for not adequately accounting for climate change in their Chesapeake Bay restoration planning and call on Maryland Governor Larry Hogan, chair of a key interstate council, to engage in “visible governor-to-governor lobbying.”
In The American Prospect, Tom McGarity pens "The Congressional Review Act: A Damage Assessment." He examines the history of the Gingrich-era law that creates a congressional fast-track for undoing recently adopted regulations, then sifts through the record-breaking
Coal and Nuclear Plant Bailout Would Be Unjustified Use of DOE's Emergency Authority
It's no secret that the Trump administration and coal companies have drawn a bullseye on reversing coal's declining fortunes in wholesale electricity markets, where competition and inexpensive natural gas have driven coal's market share down from 50 percent in 1990 to about 30 percent today. Feeling bullish about their prospects in a sympathetic administration, owners of coal and nuclear plants have tried to extract subsidies to prevent what they view as premature retirements of large power plants. This January, the
The Guidance Racket
Originally published on The Regulatory Review. Reprinted with permission. The spirited conservative attack on regulatory guidance is both puzzling and hypocritical. Admittedly, agencies sometimes issue guidance to avoid the quicksand of informal rulemaking. But the law makes clear that without full-dress procedure, guidance can never replace rules and statutes in enforcement actions. Remedying agency overreach in the rare circumstances when enforcement cases are based primarily on guidance is a straightforward legal matter—defendants have only to tell their problems to a judge.
Oversight Needed for Maryland's Occupational Safety and Health Division
Maryland's Occupational Safety and Health division (MOSH) is struggling to carry out its mission of ensuring the health and safety of Maryland workers, according to CPR's analysis of a mandatory performance report the agency provided to the state legislature late last year. The Maryland legislature mandated the report as a condition of releasing $250,000 of MOSH's FY 2018 funds. Our review of the report and other agency materials leads us to conclude that the agency's limited budget is a key
Kneecapping CERCLA Won't Get Rid of Air Pollution from Ag
Who doesn't want to breathe clean air? Unfortunately, a "bipartisan" bill now working its way through the Senate would undermine our ability to address a growing source of air pollution – livestock operations. The so-called Fair Agriculture Reporting Method Act (S. 2421), or the "FARM Act," would amend the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as the Superfund law, to exempt agricultural producers from reporting toxic air emissions. The bill's clever name is a misnomer: it
CPR's Heinzerling to House Small Business Committee: Trump's Assault on Safeguards Nothing to Celebrate
Later this morning, CPR Member Scholar and Georgetown Law Professor Lisa Heinzerling will testify before the House Small Business Committee at a hearing that appears to be aimed at reveling in the Trump administration's assault on regulatory safeguards. In her testimony, Professor Heinzerling will explain why the celebratory mirth and merriment from the committee's majority members and their invited witnesses is misplaced and most likely premature. As Heinzerling will point out, the major motivating force behind the Trump administration's assault is
Trump White House: Safeguards Produce Huge Net Benefits; Also Trump White House: Repeal Them Anyway
Last week, the Trump administration released the annual Draft Report to Congress on the Benefits and Costs of Federal Regulations. As befitting this auspicious occasion, the administration pulled out all the stops: targeted op-eds from high-ranking administration officials; relevant operatives dispatched to the leading Sunday morning talk shows; and even a televised press conference with the president himself. Just kidding. They buried it. Quietly. Late on a Friday afternoon. When Congress was away on recess. And even though it's already
The Hill Op-ed: Justice Dept's Enforcement Policies Make Change for the Worse
This op-ed originally ran in The Hill. Attorney General Jeff Sessions has wasted little time portraying himself as the prosecutor-in-chief of street — as opposed to white collar — crime, rejecting this month even a broadly bipartisan effort to reduce sentences for nonviolent crime supported by a coalition that spans the Koch brothers and the NAACP. Civil enforcement has also fallen off, as documented in investigative reporting by The New York Times and others. Both trends will almost certainly continue given
The Ninth Circuit, the Clean Water Act, and Septic Tanks
by Dave Owen | February 15, 2018
Originally published on Environmental Law Prof Blog. Last week, the Ninth Circuit decided Hawai'i Wildlife Fund v. County of Maui, a case involving Maui County's practice of pumping wastewater into wells, from which the wastewater flowed through a subsurface aquifer and into the Pacific Ocean. The county, according to the court, needed a National Pollutant Discharge Elimination System (NPDES) permit for this practice. It did not matter that the county's wastewater traveled through groundwater on its way to the ocean;
CPR's Emily Hammond Testifies About Health and Economic Benefits of Clean Air Act Regulation
by Matt Shudtz | February 14, 2018
It was an early holiday present to the nation's biggest polluters. EPA Administrator Scott Pruitt announced in early December that he was drastically changing the way EPA reviews polluters' compliance – or lack thereof – with the Clean Air Act. Today on Capitol Hill, CPR Member Scholar Emily Hammond will explain that this dramatic shift in policy is a complete abnegation of EPA's statutory responsibilities and, beyond that, puts lives and economic opportunity at risk. Professor Hammond is testifying before
Outer Continental Shelf Shell Game Leaves Florida's Coastline More at Risk for Drilling
On January 4, the Department of the Interior (DOI) released its draft proposed program for oil and gas leasing on the Outer Continental Shelf (OCS). The proposed plan would end a broad ban on drilling imposed by President Obama and allow leasing and drilling on over 98 percent of the OCS, including the waters off Florida's Atlantic and Gulf coasts. The Eastern Gulf of Mexico is subject to a congressional moratorium until 2022, but the new plan would commence sales
CPR Letter Calls On Trump Labor Department to Withdraw Tipping Rule Proposal Due to Suppressed Analysis
by Katie Tracy | February 05, 2018
Today, six CPR Member Scholars and staff members sent a letter to the Department of Labor's (DOL) Wage and Hour Division, calling on the agency to withdraw its proposal to repeal an Obama-era rule aimed at preventing employers from taking workers' hard-earned tips. Last week, Bloomberg Law uncovered a deliberate effort by the DOL to conceal an analysis showing that the proposal would allow business owners and managers to steal and misappropriate billions of dollars – that's "billions" with a
Government and Bureaucracy Play Essential, Fundamental Roles in American Life
President Trump's first State of the Union address contained numerous outrageous claims and statements, rendering a full dissection and critique practically impossible. Many have already singled out one line of the speech as worthy of particular condemnation, so I'll add mine. Early on, Trump made this statement to the rapturous applause of his conservative allies in Congress: "In America, we know that faith and family, not government and bureaucracy, are the center of American life." This claim is not only
What Creates the Cost, Mr. President?
During the State of the Union address last night, no one was surprised to hear President Trump brag about all the work his administration has done slashing regulatory safeguards for health, safety, the environment, and financial security. It’s clearly one of his proudest first-year accomplishments — making us all less safe and more vulnerable to industries that profit by polluting the air and water, creating unsafe working conditions, using underhanded financial practices, or selling dangerous products. The president thinks that
Breaking the Law: Many Trump Regulatory Rollbacks and Delays Are Unlawful
by Bill Funk | January 30, 2018
Progressives have rightfully taken issue with the Trump administration's policy goals, from immigration to the environment, from health care to worker safety. Given the president's decidedly unprogressive stances, one should not be surprised at the policy reversals from the prior administration. One might be surprised, however, and dismayed as well, at the cavalier disregard that the administration has shown for the law, both substantive and procedural. For example, President Trump's earlier executive orders on the "Muslim ban" were overturned not
The Congressional Review Act: Trump's First-Year Participation Trophy
Perhaps because he has so few real accomplishments to his name, President Donald Trump has developed a nasty habit of embellishing his record. From the size of the crowd at his inauguration to the number of floors in Trump Tower, he simply won't let a little thing like "reality" or "facts" or even "cardinal numbers" get in the way of his estimation of his own self-worth. Expect this behavior to be on full display at tomorrow night's State of the
Looking Back on a Year of Trump's Regulatory 'Fire and Fury'
Next Tuesday, President Trump will share his view of the state of our union. And if his words correlate with his actions over the last year, the dominant theme will be one of division and disruption. Like no president in recent history, Donald Trump has pushed U.S. residents to cordon ourselves off into dueling tribes whose theories of governance and policymaking diverge and whose basic facts and language are starting to split in disturbing ways. But on whichever side of
Trump, EPA, and the Anti-Regulatory State
Originally published on The Regulatory Review. Reprinted with permission. The U.S. Environmental Protection Agency (EPA) is a central instrument of the modern regulatory state. Whether from the perspective of environmental protection or regulatory economics, 2017 has not been a good year. Experience to date under the Trump Administration is suggestive of industry capture or reflexive ideological opposition to regulation—or both. A multitude of deregulatory actions have occurred. Unfortunately, nearly all of the traditional sources of checks on political leadership—centralized regulatory
When it comes to health, safety and the environment, executive branch enforcement of the law has become yet another arena to fight and re-fight policy battles presumably settled in Congress. In particular, regulated entities, including companies that pollute or make potentially dangerous products, spend millions working to block, delay, and unravel such protections.
Freeman | Apr 11, 2018 | Regulatory Policy
Steinzor | Mar 27, 2018 | Regulatory Policy
Goodwin | Mar 07, 2018 | Regulatory Policy
Goodwin | Feb 28, 2018 | Regulatory Policy
Steinzor | Feb 22, 2018 | Regulatory Policy