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James Goodwin | January 22, 2015

The Anti-Regulatory Crowd’s Small Business Rhetoric Is a Scam

Just as The Sixth Sense makes more sense when you realize that Bruce Willis’s character has been dead the whole time, the Small Business Regulatory Flexibility Improvements Act (SBRFIA)—the latest antiregulatory bill being championed by antiregulatory members of the House of Representatives—makes more sense when you realize that it has nothing to do with helping small businesses at […]

Anne Havemann | January 21, 2015

Maryland Governor Larry Hogan Should Reverse his Opposition to the PMT

Maryland Governor Larry Hogan was sworn in earlier today and legislators, farmers, environmentalists, state agency staff, and scientists are waiting with bated breath to see whether he will act on his post-election promise to fight the proposed Phosphorous Management Tool (PMT). The desperately needed regulation would limit the amount of phosphorus-laded chicken manure farmers can spread […]

Matt Shudtz | January 20, 2015

Winning Safer Workplaces with Simple Changes

Last week on The Pump Handle, Kim Krisberg highlighted an interesting pilot program in Rockaway Township, New Jersey that puts an extra set of eyes on the lookout for workplace safety concerns that might otherwise have gone unnoticed by government inspectors. As she explains here, restaurant inspectors in Rockaway are pilot testing a simple modification […]

Joel Eisen | January 16, 2015

Government Files Petition for Certiorari in FERC Demand Response Case

As expected, yesterday the Solicitor General filed a petition for certiorari to the Supreme Court in FERC v. Electric Power Supply Association, asking the Supreme Court to review a May 23, 2014 decision from a divided panel of the D.C. Circuit that invalidated FERC’s Order 745. Order 745 directs Regional Transmission Organizations (RTOs) and Independent […]

Sandra Zellmer | January 15, 2015

Keystone XL Pipeline Route through Nebraska Upheld on Constitutional Technicality – for Now

In almost any other appellate court, winning over a simple majority of the justices means that you win the case.  Not so in Nebraska.  Last Friday, in Thompson v. Heineman, a majority of the Nebraska Supreme Court found the Keystone XL Pipeline routing law, LB 1161, which granted the Governor the power to approve Keystone’s […]

James Goodwin | January 14, 2015

GAO Debunks Republicans’ ‘Sue and Settle’ Myth

Today, Rep. Fred Upton and the rest of his anti-environmental allies on the House Energy and Commerce Committee are probably suffering from a stingingbout of buyers’ remorse as the Government Accountability Office report they requested didn’t deliver the answer they were seeking.   The Commerce Committee hoped to demonstrate that “In many instances, EPA has entered into settlements or consent […]

Sidney A. Shapiro | January 13, 2015

Irresponsible Reform: The House Favors Extreme Legislation That Would Delay Public Protections by Ten Years or More

Today, the House of Representatives voted to pass the Regulatory Accountability Act of 2015, which would amend the Administrative Procedure Act (APA) to add over 74 new procedural requirements to the rule-making process, including more than 29 new “documentation” requirements.  The goal of administrative procedure is to ensure that the government’s adoption of regulation is accountable […]

Rena Steinzor | January 9, 2015

Corporate Violence as Crime

A year ago, about 300,000 people in and around Charleston, West Virginia, lost their drinking water source when thousands of gallons of a toxic chemical known as MCHM (4-methylcyclohexanemethanol) leaked into the nearby Elk River through a hole in a rusted-out storage tank. Last month, the wheels of justice began to catch up with the […]

Erin Kesler | January 9, 2015

Modernization? The Regulatory Accountability Act of 2015 Adds 74 New Steps to the Rule-Making Process

This week, House Republicans re-introduced the “Regulatory Accountability Act of 2015,” (H.R. 185). Proponents of the bill are claiming that it would “modernize” the rule-making process and streamline government inefficiencies. In fact, the RAA would bog down attempts by federal agencies to protect our health, safety and environment in red tape by adding over 74 new requirements […]