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CPR Scholar Op-Eds Hit Assault on Our Safeguards from Trump and Congress

Four recent op-eds by CPR Member Scholars underscore the scope and danger of the current assault on our safeguards now being mounted by the president and the congressional leadership. Highlights of the most recent pieces follow, but you can always browse through all of this year’s published pieces from our scholars and staff on our website.

On May 17, Alyson Flournoy and Mary Jane Angelo, colleagues at the University of Florida Levin College of Law, co-authored “Without Public Protections, Florida Will Suffer” for the Pensacola News Journal. In it, they take on the president’s bumper-sticker-driven executive order calling on regulatory agencies to offer up two existing regulatory safeguards for every new regulations they propose — the infamous “one-in, two-out” order. They write, “The executive order ignores the massive benefits of regulation to consumers, workers, people who'd prefer to breathe clean air, drink clean water, and eat safe foods, while focusing solely and obsessively on the cost to the companies that produce unsafe products, consign employees to dangerous working conditions and pollute the environment. It is meat-axe-style policymaking that assumes every rule is bad and that repeal is, by definition, always good.”

In the Cincinnati Enquirer five days later, Joseph Tomain of the University of Cincinnati College of Law took home-state Sen. Rob Portman to task for his sponsorship of the so-called Regulatory Accountability Act. Under the guise of improving the regulatory process, the bill seeks to make safeguards against various health, safety, and environmental hazards all but impossible to adopt. In “Portman’s Regulatory Reform Bill Will Increase Costs, Bureaucracy,” Tomain observes that, “Instead of improving regulatory accountability, the proposed legislation would make regulation more expensive and prevent protective agencies from effectively enforcing our nation's laws. Instead of actual regulatory reform, it is closely aligned with the Trump/Bannon strategy to ‘deconstruct the administrative state.’"

On June 7, Carl Cranor of the University of California, Riverside, wrote about EPA Administrator Scott Pruitt’s recent decision to reject the recommendation of the agency’s own scientists and allow the dangerous pesticide chlorpyrifos to remain in use, reversing the course set by the Obama administration. In his piece in the Los Angeles Times, “EPA Scientists Said Ban the Pesticide Chlorpyrifos; Scott Pruitt Said No,” he writes that “Good, highly certain evidence from independent scientists and EPA scientists shows that chlorpyrifos is toxic to people and puts them at risk for serious health effects. Pruitt’s decision favors farmers who want to use the pesticide and companies who want to sell it. It makes those who work in California’s fields or grow up next to them expendable, coal-mine canaries for toxicants that can affect us all.”

Finally, William Buzbee of Georgetown University Law Center used an op-ed in The New York Times to call out the fraud at the heart of the Regulatory Accountability Act and a similarly destructive bill called the REINS Act. In “Regulatory ‘Reform’ That Is Anything But,” he lists a series of current protections for drinking water, the food supply, health care, product safety, consumer finance, special needs students and more, and writes that, “Few members of Congress would dare vote directly to eliminate protections like those. But by imposing a byzantine, burdensome process on all agencies, Congress could dodge accountability but nonetheless derail the implementation of popular laws.”

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Matthew Freeman | June 19, 2017

CPR Scholar Op-Eds Hit Assault on Our Safeguards from Trump and Congress

Four recent op-eds by CPR Member Scholars underscore the scope and danger of the current assault on our safeguards now being mounted by the president and the congressional leadership. Highlights of the most recent pieces follow, but you can always browse through all of this year’s published pieces from our scholars and staff on our […]

William Buzbee | June 15, 2017

New York Times Op-ed: Regulatory ‘Reform’ That Is Anything But

This op-ed originally ran in The New York Times. After decades of failed efforts to enact “regulatory reform” bills, Congress appears to be within a few votes of approving reform legislation that would strip Americans of important legal protections, induce regulatory sclerosis and subject agencies that enforce the nation’s laws and regulations to potentially endless […]

Amy Sinden | June 15, 2017

Chamber’s Brief Lays Bare Crackpot Theory at Heart of Two-for-One Order

I don’t know what executive order the Chamber of Commerce is defending in the amicus brief it filed Monday in Public Citizen v. Trump. But it doesn’t appear to be the one at issue in that lawsuit. The lawsuit charges that Trump’s “one-in, two-out” executive order is unconstitutional. That’s the order he issued in January […]

David Flores | June 14, 2017

As Waters Rise, Trump Wants to Cut Coastal Protection Efforts Off at the Knees

On Thursday, Environmental Protection Agency (EPA) Administrator Scott Pruitt will appear before a House Appropriations subcommittee to explain how he plans to square the Trump administration’s proposed 31-percent cut to EPA’s budget with its statutory obligations to protect the environment. Spoiler alert: There’s no plan. The proposition – implementing and enforcing safeguards related to water, […]

Evan Isaacson | June 14, 2017

As Pruitt Visits Congress to Discuss Massive EPA Cuts, Don’t Lose Sight of Important but Less Visible Damage

With a massive, proposed 31 percent cut to his agency looming in the background, EPA Administrator Scott Pruitt is preparing to visit Capitol Hill for an appearance before a House Appropriations subcommittee on Thursday. Lawmakers, their staff, and others are likely and understandably focused on the Paris climate agreement withdrawal, the Trump administration's proposal to end federal financial support for programs that help protect and restore a variety of Great Waters like the Chesapeake Bay and the Great Lakes, and damaging staff cuts that would cripple the agency's ability to protect our health and our environment. But we should be looking beyond the big-ticket items to fully assess the damage that Pruitt and President Trump are proposing to do.

Matt Shudtz | June 13, 2017

House Continues its Anti-Consumer Crusade, Attacking Patients’ Rights

To call the timing coincidental doesn’t give House Republicans enough credit. Tomorrow, while the fallout from Attorney General Jeff Sessions’ testimony about his connections to Russia dominates most Capitol Hill news coverage, the House will vote on H.R. 1215, a bill designed to strip injured patients of their day in court. Last week, the same […]

Matt Shudtz | June 12, 2017

Trump’s Nominee for Top EPA Enforcement Lawyer Set to Testify. Here’s What We Want to Know.

Susan Bodine, an attorney with significant experience on Capitol Hill and at the U.S. Environmental Protection Agency (EPA), is President Trump’s nominee to lead the Office of Enforcement and Compliance Assurance (OECA) at the agency. She is likely to get a friendly audience tomorrow when she appears before the Senate Environment and Public Works Committee […]

Carl Cranor | June 8, 2017

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

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 […]

David Flores | June 7, 2017

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

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 […]