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Regulatory Highs and Lows of 2009: OSHA and Toxics

CPRBlog asked some of our regular bloggers to give us some suggestions for the high and low points of the regulatory year. We began by taking the Bush Administration’s “midnight regulations” off the table, so that we could focus in on the Obama Administration’s impact to date. CPR Policy Analyst Matt Shudtz offers up a number of items, below, focusing on the positive:

At OSHA, several high points: 

The leadership of David Michaels (as Assistant Secretary, the head of OSHA) and Jordan Barab (as Deputy Assistant Secretary), both of whom seem intent on putting OSHA back on task – protecting workers – after years of agency wheel-spinning.

OSHA’s enforcement sweep of construction sites in Texas, in which the agency brought inspectors from other regions to conduct unannounced inspections. Actual enforcement of the laws! Texas earned the honor because it has the highest rate of construction fatalities in the nation.

Assessing meaningful fines. OSHA proposed the largest fine in its history this year. Under the proposal, BP would pay $87.4 million for safety violations and its failure to correct hazards at the Texas City refinery, where an explosion killed 15 workers and injured 170 in 2005.

At EPA, and specifically in the area of toxics, several high points: 

Overhauling the process for vetting Integrated Risk Information System (IRIS) database entries. Although the new process still allows other agencies special opportunities to apply pressure – including the Department of Defense, which is nation’s largest source of toxic waste, and therefore has a parochial interest – the revisions are a giant leap forward from the Bush approach, particularly in terms of transparency.

Abandoning the Bush Administration’s ChAMP program, a chemical testing program that served to justify inaction on toxic chemicals whenever scientific evidence of their harms was unclear.

Proposing more protective risk assessment guidelines for pesticides on non-food crops and with respect to mutagenic substances, so as to protect children.

In the second week of January, CPR will issue a report card evaluating the regulatory efforts of the “protector agencies” during the Obama Administration’s first year in office. Watch this space for more.

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Matt Shudtz | December 30, 2009

Regulatory Highs and Lows of 2009: OSHA and Toxics

CPRBlog asked some of our regular bloggers to give us some suggestions for the high and low points of the regulatory year. We began by taking the Bush Administration’s “midnight regulations” off the table, so that we could focus in on the Obama Administration’s impact to date. CPR Policy Analyst Matt Shudtz offers up a number of […]

Rena Steinzor | December 29, 2009

Regulatory Highs and Lows of 2009: ‘The Adults Are Back in Charge’

  CPRBlog asked some of our regular bloggers to give us some suggestions for the high and low points of the regulatory year. We began by taking the Bush Administration’s “midnight regulations” off the table, so that we could focus in on the Obama Administration’s impact to date. CPR President Rena Steinzor begins. The high point of […]

Daniel Farber | December 23, 2009

Copenhagen in a Nutshell

 cross-posted from Legal Planet Rob Stavins has a good, concise overview of the session and the outcome on the Belfer Center website.  Not as negative as some other observers, he highlights the extraordinary procecess that resulted in the Copenhagen Accord: It is virtually unprecedented in international negotiations for heads of government (or heads of state) […]

Ben Somberg | December 22, 2009

Tennessee Coal Ash Disaster Anniversary — News Roundup

One year ago today, about 1 billion gallons of coal ash were spilled when a dyke collapsed at the Tennessee Valley Authority’s fossil plant in Kingston, Tennessee. The Knoxville News-Sentinel has the moment-by-moment account of what happened that night. They report that Roane County real estate and tourism have suffered, and that there are 14 […]

Rebecca Bratspies | December 21, 2009

Senator Snowe’s Bill on Fisheries Would Open a Wide Loophole

On December 9, Senator Olympia Snowe (R-ME) introduced S. 2856, a one paragraph bill that would quietly gut a key portion of the Magnuson-Stevens Act (MSA) by dramatically expanding a narrow exception to one of the Act’s central mandates. Were it to pass, the bill would mark a significant step in the wrong direction for […]

James Goodwin | December 18, 2009

While EPA Delays Decision on Coal Ash, Industry and White House Busy With Backdoor Meetings on Issue, Documents Show

While the EPA announced Thursday that it was delaying a decision on issuing a proposed rule for coal ash, the White House Office of Information and Regulatory Affairs (OIRA) has already hosted 10 meetings with industry representatives in recent months on the issue. The 10 meetings — the most on any topic at OIRA so […]

Rebecca Bratspies | December 18, 2009

NOAA’s Draft Catch Share Policy is Cautious, and That’s Good News

NOAA issued a draft of its new catch share policy last week. Despite Director Jane Lubchenco’s clear support for the concept, the draft policy stops short of requiring that fisheries managers implement catch shares. This is a good thing. Instead of mandating catch shares, the draft policy focuses on education, cooperation, and transparency. The agency […]

Victor Flatt | December 17, 2009

G77 Countries May Ethically Deserve More in Copenhagen, But Chance for This Much Foreign Assistance Unlikely to Come Again Soon

As we move into the last days of climate negotiations in Copenhagen, the chances of securing a binding agreement of all countries continues to look less and less likely. The primary culprit, according to the New York Times, is the G77, a group of 130 developing countries that have negotiated as a block since arriving. […]

Ben Somberg | December 16, 2009

Schwarzenegger, in Copenhagen, Gives an Important Reminder of the Role of Subnational Governments. Like, the U.S. States, For Example.

In his speech in Copenhagen Tuesday, California Governor Arnold Schwarzenegger applauded international leadership on climate change, but said that national or international agreements alone will not address the issue. He said that the “scientists, the capitalists and the activists” across the world have and will play an important role. And he talked about the job […]