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A Victory in the Meatpacking Jungle

Through the heroic legal efforts of our friends at Public Citizen and the United Food and Commercial Workers (UFCW) union, workers won a huge victory this week in federal court. A federal district court judge in Minnesota ruled that the U.S. Department of Agriculture (USDA) acted arbitrarily and capriciously when it eliminated line speed limits, and “cited mounds of evidence showing a relationship between high speeds and musculoskeletal injuries, lacerations, and amputations.” The judge vacated the Trump-era rule, showing that there is a limit to high line speeds — and corporate rapaciousness.

For the 500,000 workers in America’s meatpacking and poultry industry, few jobs have been more dangerous and less rewarding. Low wages, injury, and death have continued to characterize this workplace jungle since Upton Sinclair’s 1905 muckraking book The Jungle. (No relation, sadly.)

The COVID-19 pandemic has added to the toll with 57,000 illnesses and at least 284 additional worker deathsamong meatpacking workers, according to reporting from the Food and Environment Reporting Network and the National Employment Law Project. Black and Brown workers, particularly, were devastated; 87 percent of all meatpacking workers infected are people of color, according to the CDC.

To add injury to insult, in 2019, the Trump Administration and USDA rolled back federal regulations that limited how many carcasses could be processed per minute. Erasing line speed limits means greater production and higher profits for companies; but for workers, it means higher risk and escalating injuries (knife wounds, musculoskeletal injuries, and more).

In my prior work, I interviewed many workers with deep cuts and mutilations that occurred on the line and to a one, they all attributed the dangers to high line speeds. Yet they were desperate for the job. Workers are not getting paid for their labor, I realized. They are getting paid in exchange for their body parts.

The Occupational Safety and Health Administration (OSHA), the federal agency charged with protecting safety and health in the workplace, has all too often turned a blind eye to violations in the plants. If there were investigations and sanctions, the penalties were paltry. When federal agencies abdicate their duties like this, the courts are justice’s last resort. The Center for Progressive Reform has been the nation’s leading voice for a private right of action that would enable workers to sue their employers to protect their health and safety.

CPR also has long advocated for stronger regulatory protections for meatpacking workers, called for reforms to OSHA, and supported legislation in Congress to limit line speeds in plants. We have also documented and denounced the environmental degradation (water, land, air) stemming from concentrated animal feeding operations (CAFOs). On Maryland’s Eastern Shore, for example, there are 241 times more chickens than people, and chicken excrement generates harmful nitrates that contaminate drinking water.

Upton Sinclair’s The Jungle told the story of Chicago’s stockyards and meatpacking plants and its horrendous working conditions alongside the blood, entrails, and excrement of the slaughtered animals. "I aimed at the public's heart," Sinclair later said, "and by accident I hit it in the stomach."

Still today, our country faces enormous challenges in protecting and valuing the essential workers who harvest and produce our food and who stock supermarket shelves and service check-out lines. The federal judge, prompted by UFCW and Public Citizen, took this country one step closer to justice for all workers.

Showing 2,823 results

Minor Sinclair | April 2, 2021

A Victory in the Meatpacking Jungle

A federal district court judge in Minnesota ruled that the USDA acted arbitrarily and capriciously when it eliminated line speed limits vacated the Trump-era rule, showing that there is a limit to high line speeds — and corporate rapaciousness.

Maxine A Burkett, Minor Sinclair | March 31, 2021

Women’s History Month Q&A with Maxine Burkett

To commemorate Women’s History Month, we’re interviewing women at the Center for Progressive Reform about how they’re building a more just America. This week, we're speaking with Member Scholar Maxine Burkett.

Daniel Farber | March 30, 2021

Biden’s Dilemma: Limiting Carbon from Existing Power Plants

Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what?

Laurie Ristino, Maggie Dewane | March 26, 2021

Women’s History Month Q&A with Board Member Laurie Ristino

To commemorate Women’s History Month, we’re interviewing women at the Center for Progressive Reform about how they’re building a more just America. This week, we're speaking with Board Member Laurie Ristino.

Daniel Farber | March 25, 2021

The Nondelegation Doctrine and Its Threat to Environmental Law

If you ask Supreme Court experts what keeps them up at night, the answer is likely to be the non-delegation doctrine. If you are among the 99.9 percent of Americans who've never heard of it, here's an explainer of the doctrine and what the 6-3 Court might do with it.

James Goodwin | March 24, 2021

Biden’s Overhaul Effort Should Include the ‘Basic Principles’ of Regulation, Too

In a little-noticed move on Day One, President Joe Biden issued a memo designed to institute a more progressive process for developing new regulations. Such an effort is essential, given that timely, effective regulations will play a key role in achieving Biden-Harris administration's policy agenda. To succeed, however, it must also tackle the conservative philosophy that guides our government's rulemaking process.

James Goodwin, Sidney A. Shapiro | March 23, 2021

To Democratize Regulation, Reform Regulatory Analysis

To paraphrase French economist Thomas Piketty, the task of evaluating new regulations is too important to leave to just economists. Yet, since the 1980s, White House-supervised regulatory impact analysis has privileged economic efficiency as the primary and often only legitimate objective of federal regulation. The regulatory reform initiative launched by President Joseph R. Biden on his first day in office creates an opportunity to reorient regulatory analysis in ways that both reformers and the public support.

Darya Minovi, Katlyn Schmitt | March 22, 2021

Maryland Court Orders State to Limit Ammonia Pollution from Industrial Poultry Operations

Last week, a Maryland circuit court ruled that the state must regulate and limit ammonia pollution from industrial poultry operations. This landmark decision takes an important step toward protecting the environment and public health in the Old Line State and could spur similar action in other states.

Maggie Dewane | March 22, 2021

Haaland, Granholm, and Other Women Make History in Presidential Cabinet

Women comprise nearly half of Biden’s Cabinet and they are making history as the largest group of women ever to serve on a presidential Cabinet. Here are some of their priorities while in office.