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Can the House Save Science from the Trump Purge?

The Democratic majority in the U.S. House of Representatives has a weighty agenda – from policy reform to oversight of the Trump administration. Given all that the House Democrats have on their plate, urging them to restore policy rationality by making the support of science-based policy central to their strategy might seem like a prosaic ask, but it's critically important.  

Without science as the lodestar for government policymaking, anything goes, which is exactly the problem. As the Union of Concerned Scientists documented in a recent report, the Trump administration has been marginalizing science and isolating federal scientists for the past two years. Trump appointees have systematically undercut the science-based policies and regulations forged to protect human health and the environment. This has opened the door to irrational policymaking aimed at benefiting the industries and special interests to which these appointees are linked.

The bipartisan design of our foundational environmental laws, most from the late 1960s and '70s, grounded environmental regulation in science in an attempt to put their implementation above the political fray. For decades, those laws worked reasonably well because their implementation relied heavily on objective information yielded by science, rather than a partisan agenda.

Some commentators have traced the "war on science" to George W. Bush's presidency. As a federal attorney in public service at the time, I can attest to that administration's costly policy of denying human-caused climate change. Whatever the roots, Trump's shackling of science, facilitated by his congressional allies, goes far deeper and is more insidious.

Much has been written about the administration's assault on science at EPA, and rightly so, but this tactic is being used widely across the Trump administration. The U.S. Department of Agriculture (USDA) is a case in point. In 2017, author Michael Lewis published a Vanity Fair exposé on Trump USDA appointees' "seeming commitment to scientific ignorance." Then, last year, in what appeared to be a continuation of that strategy, Agriculture Secretary Sonny Perdue made the surprise announcement that he intended to reorganize and move two of USDA's research agencies, the Economic Research Service (ERS) and the National Institute on Food and Agriculture (NIFA), out of Washington. That same day, he also reassigned Mary Bohman, ERS's administrator, to another agency. Scientists and academics widely decried the moves as disrupting and hampering independent research at USDA.

Fortunately, the House is now positioned to champion science with Rep. Eddie Bernice Johnson as Chair of the House Science, Space, and Technology Committee. She takes over after six years of fellow Texan Rep. Lamar Smith's anti-science leadership and has vowed to restore respect for science, as well as address climate change. But she can't fight this battle alone.

The House will need to leverage its lawmaking authority to stop and reverse the Trump administration's science purge. During the Obama administration, Republicans were effective at targeting policies and initiatives they didn't like. Under Speaker Pelosi's leadership, the House Democratic caucus has mostly shown that they are capable of maintaining the same kind of united front and steely resolve to achieve their policy goals. For the sake of our democracy, let's hope their discipline holds firm.

The fiscal year 2019 omnibus appropriations bill, severely delayed by Trump's border wall funding debacle, was the House's first legislative opportunity. Fortunately, the conference report accompanying the legislation did include language directing USDA not to expend funds to move NIFA and ERS until the impacts of such a proposal are studied, creating a needed check on the administration's anti-science impulses. Looking forward, a prime opportunity for a wider reexamination of the role of science and science-based policy throughout the federal government is the upcoming fiscal year 2020 appropriations process, where the 116th Congress has the opportunity to look at funding priorities anew.

When policy is untethered from science, Americans get hurt and special interests win because public health and welfare take a backseat to profits and special favors. Science-based policymaking is one of our best governance tools to help prevent the tyranny of misinformation, and it is especially critical in an unprecedented administration like Trump's where facts are bit players, and self-aggrandizement, not the public good, is the modus operandi.

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Laurie Ristino | March 12, 2019

Can the House Save Science from the Trump Purge?

The Democratic majority in the U.S. House of Representatives has a weighty agenda – from policy reform to oversight of the Trump administration. Given all that the House Democrats have on their plate, urging them to restore policy rationality by making the support of science-based policy central to their strategy might seem like a prosaic […]

Joel A. Mintz | March 11, 2019

Due to NEPA, Trump’s ‘One-In, Two-Out’ Order Does Not Apply to Environmentally Protective Regulations

This post is adapted from a recent law review article published in the University of Missouri—Kansas City Law Review. In myriad ways – from speeches, favoritism toward polluting industries, and ill-advised regulatory rollbacks – the Trump administration has consistently exhibited unrestrained antagonism toward regulatory safeguards for health, safety, and the environment. One of the earliest […]

James Goodwin | March 7, 2019

The Missing Ingredient in the Green New Deal

To this point, much of the focus in the discussion over the Green New Deal has been on the substance of the vision it lays out for a better society – and why shouldn't it be? There's some really exciting stuff included in the Green New Deal's toplines, which are by now well-rehearsed: a full-scale […]

David Flores | March 6, 2019

New Report: Socially Vulnerable Communities Face Increasing Risks from Toxic Floodwaters in Virginia

2018 was one of the wettest years on record in Virginia, causing catastrophic floods and landslides, as well as unexpectedly high levels of pollution in the Commonwealth’s waterways and the Chesapeake Bay. While the last waterlogged year is only a recent memory for Virginians, seemingly unremarkable snow and rainfall at the end of February caused the James River to crest last week at its highest level in Richmond in almost ten years. Climate change has clearly transformed our experience with weather and our relationship with water. In a new report published today, the Center for Progressive Reform explores how this drives environmental injustice in Virginia through toxic flooding and the increasing risk of chemical exposures.

Daniel Farber | March 4, 2019

The Potential Benefits of Declaring a Climate Emergency

Originally published on Legal Planet. I have a confession: When I started thinking about the possibility of a climate emergency declaration, it was mostly as a counterpoint to Trump's possible (now certain) declaration of an immigration emergency. As I've thought about it, however, it seems to me that there are enough potential benefits to make the […]

James Goodwin | February 28, 2019

Resolution of Disapproval: Call for Repealing the CRA Featured in ‘The Environmental Forum’

The return of divided government promises to bring with it a welcome, albeit temporary, reprieve from the unprecedented abuse of the Congressional Review Act (CRA) that we witnessed during the 115th Congress. As I argue in an article featured in the March/April edition of The Environmental Forum, published by the Environmental Law Institute, the CRA […]

James Goodwin | February 21, 2019

New on ‘Connect the Dots’: The Frontline Communities Fighting Back Against Polluting Pipelines

For affected indigenous communities in the United States and Canada, new oil and gas pipelines snaking across their lands represent a new kind of attack. Dirty, polluting, dangerous, and built without the communities' consent, these pipelines are the inevitable outcome of North America's hydraulic fracturing and tar sands oil "revolutions" that have played out in […]

David Driesen | February 20, 2019

Trump’s ‘Emergency’ and the Constitution

Originally published in The Regulatory Review. Reprinted with permission. President Donald J. Trump has declared a national emergency to justify building a wall on the U.S. southern border, which Congress refused to fund. But Mexicans and Central Americans coming to our country in search of a better life does not constitute an emergency. Immigration at the […]

Joel A. Mintz | February 19, 2019

It’s Official: Trump’s Policies Deter EPA Staff from Enforcing the Law

This op-ed was originally published in The Hill. The Environmental Protection Agency (EPA) released an annual report Feb. 8 on its enforcement activities in fiscal 2018. After wading through a bushel full of cherry-picked case studies and a basket of bureaucratic happy talk, the report paints a dismal picture of decline in a crucially important […]