Last month, President Obama denied TransCanada’s permit application for the Keystone XL pipeline because a congressionally mandated deadline did not allow enough time to evaluate the project once Nebraska completed its analysis for re-routing of the pipeline around the Sand Hills.
A January 26-29 poll from Hart Research Associates found that, after hearing arguments for and against the pipeline, 47% of voters in four Presidential battleground states polled agree with President Obama’s decision while 36% disagree with it. Yet just this week, the U.S. Senate is considering whether to add language to an unrelated highway authorization bill to force the President to approve the Keystone XL tar sands pipeline.
The pipeline rider has the backing of 44 Republicans and one Democrat in the Senate. Passing it is a bad idea on several levels. For one thing, riders like this one short-circuit the congressional process. By inserting an unrelated substantive provision like this into an authorization or appropriation package, the provision doesn’t receive the scrutiny that it would if it were forced to stand on its own, and Senators who are against the pipeline might feel compelled to vote in favor of the package because it includes other benefits for their constituents. (For this reason, many state constitutions forbid appropriations riders, but the federal constitution does not.) For more on this see my article Sacrificing Legislative Integrity at the Altar of Appropriations Riders: A Constitutional Crisis.
For another thing, this rider would effectively strip the decisionmaking authority away from the President and the Department of State, the latter of which has been considering the issue, and has developed expertise on it, over the course of the past several years now. Finally, and most compellingly, this rider, if passed, would undermine if not defeat state prerogatives over the location and regulation of the pipeline.
If a majority of Congress wants to pass legislation to authorize this or any other pipeline, so be it. But congressional leaders ought to subject any such provision to the full legislative process so that it can be considered fully on its own merits.
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Sandra Zellmer | February 16, 2012
Last month, President Obama denied TransCanada’s permit application for the Keystone XL pipeline because a congressionally mandated deadline did not allow enough time to evaluate the project once Nebraska completed its analysis for re-routing of the pipeline around the Sand Hills. A January 26-29 poll from Hart Research Associates found that, after hearing arguments for and […]
Joel A. Mintz | February 15, 2012
Two of my CPR Member Scholar colleagues, Nina Mendelson and Holly Doremus have done a first-rate job of previewing and analyzing the oral argument in Sackett v. EPA – a case now awaiting decision by the U.S. Supreme Court. I fully share Professor Doremus’s hope that, even if the case results in a loss for […]
Thomas McGarity | February 14, 2012
Today marks the first anniversary of an event that received little media attention, but marked a major milestone in the progression of a regulation that is of great importance to thousands of Americans whose jobs bring them into contact with dust particles containing the common mineral silica. Exactly a year ago today the Occupational Safety […]
Robert Verchick | February 13, 2012
Last fall, in a speech I gave at an environmental justice event in Los Angeles, I ruffled some feathers with an impromptu line that went something like this: “Believe it or not, federal environmental statutes say nothing directly about environmental justice.” During the “Q & A” I was challenged by an environmental activist and lawyer […]
Rena Steinzor | February 9, 2012
Political scientists have coined the term “bureaucracy bashing” to connote the temptation now rife among national politicians to beat up on the civil service for reasons that have nothing to do with reality. Ronald Reagan pioneered this art form of disrespecting bureaucrats in the name of downsizing government, even as federal deficit spending on government […]
Rena Steinzor | February 7, 2012
The debate over whether the government protects people exposed to industrial hazards enough—or whether it engages in ruinous “overregulation”—is only occasionally coherent. Sometimes it’s downright bizarre, and never is it for the faint of heart. Consider the case of kids working on farms. Following a series of gruesome accidents involving teenagers as young as 14 who […]
Matthew Freeman | February 6, 2012
In an article in the most recent issue of The Abell Report, the newsletter of The Abell Foundation, CPR President Rena Steinzor and CPR Policy Analysts Aimee Simpson and Yee Huang take a look at what ails the Chesapeake Bay (Spoiler Alert: it involves years of inaction on pollution), and offer up a number of […]
Rena Steinzor | February 3, 2012
The White House announced Tuesday a legislative agenda it is sending Congress as part of its Startup America initiative to foster the growth of new businesses. The White House was under some pressure to do wrong here: the President’s “Jobs Council” – a group mostly of CEOs – issued a report last month that included […]
James Goodwin | February 2, 2012
In its public meeting records, the White House’s Office of Information and Regulatory Affairs (OIRA) frequently misspells the names or affiliations of the attendees. Senator Jon Kyl was once listed as “Sen. Rul.” And John Ikerd, affiliated with the University of Missouri (MO) and the Sierra Club, was listed as “John Ikend, University of MD/Siemen […]