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April 17, 2020 by Daniel Farber

We Need an Environmental Dr. Fauci

During the coronavirus crisis, Dr. Anthony Fauci has become the voice of reason. Much of the public turns to him for critical information about public health while even President Trump finds it necessary to listen. In the Trump era, no one plays that role in the environmental arena. The result is a mindless campaign of deregulation that imperils public health and safety.

We can't clone Dr. Fauci or duplicate the unique circumstances that have made his voice so powerful. However, we can do several things that would make it harder for administrations to ignore science:

  • Congress needs to greatly strengthen laws protecting whistleblowers, which currently are much weaker than most people realize.
  • Congress also needs to codify into law the existing rules protecting scientific integrity within administrative agencies. Currently there are merely internal regulations that agencies can ignore.
  • Either Congress or the courts need to block another proposed EPA initiative. That initiative uses "scientific transparency" as an excuse for telling EPA to ignore important research on public health.
  • We need to have evaluations of the public health effects of environmental regulation from a source that the public trusts. The best way to …

April 10, 2020 by Rena Steinzor
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If you were the head of the U.S. Environmental Protection Agency (EPA) as news of the coronavirus pandemic hit, what would you do to implement your mission to protect public health?

The best answer has three parts: first, determine what specific categories of pollution could exacerbate the disease; second, assemble staff experts to develop lists of companies that produce that pollution; and, third, figure out how the federal government could ensure that companies do their best to mitigate emissions.

Rather than take that approach, EPA enforcement chief Susan Bodine issued a memo late last month offering businesses assurance that EPA would overlook certain regulatory violations for the duration of the COVID-19 crisis. Public interest groups, already alarmed by the possibility that regulatory rollbacks at the agency would continue at a relentless pace despite the pandemic, were apoplectic …

April 9, 2020 by James Goodwin
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UPDATE (4/29/20): CPR's Deregulation on Demand paper was recently cited and discussed in an amicus brief filed by Sens. Whitehouse, Merkley, Gillibrand, Schatz, and Markey supporting a case against the ACE rule (American Lung Association v. EPA). You can read the brief here.


Who does the Environmental Protection Agency (EPA) work for? The answer would seem to be us, the American public, given that the statutes it is charged with implementing are focused first and foremost on protecting our health and the natural environment we all depend upon. The Trump administration, however, has transformed this critical protector agency into a powerful of tool of corporate polluters, one dedicated to fattening these industries’ already healthy bottom lines at the expense of the broader public interest.

The evidence of this brazen degree of corporate capture at the Trump EPA abounds. The upper echelons of the agency’s …

April 8, 2020 by Joel Mintz
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Originally published on Expert Forum, a blog of the American Constitution Society. Reprinted with permission.


It has often been observed that natural disasters bring out the best and worst in people. Sadly, with regard to environmental protection, the coronavirus pandemic has brought out the worst in the Trump administration. Using the pandemic as a pretext, Trump's EPA has continued to propose and implement substantial rollbacks in important safeguards to our health and the environment while issuing an unduly lax enforcement policy.

For example, the administration recently issued a final rule rolling back automobile fuel efficiency standards. Its new regulation effectively undoes the federal government's program to limit greenhouse gas emissions. In a severe blow to global efforts to address the climate crisis, the regulation allows motor vehicles driven in the United States to emit almost 1 billion tons more carbon dioxide than would have been permitted under …

April 7, 2020 by David Flores
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With all the talk of the "new normal" brought about by the coronavirus pandemic, we cannot lose sight of how government policies and heavy industry continue to force certain populations and communities into a persistent existential nightmare. Polluted air, poisoned water, the threat of chemical explosions – these are all unjust realities that many marginalized and vulnerable Americans face all the time that are even more concerning in the midst of the COVID-19 pandemic.

Nothing could make these injustices more outrageously apparent and dangerous than EPA’s signaled retreat on environmental standards and enforcement, which cravenly takes advantage of the global pandemic and a rapidly expanding economic collapse. On March 26, Susan Bodine, EPA's Assistant Administrator for Enforcement and Compliance Assurance, issued a memo outlining the agency's sweeping, temporary enforcement policy. Advocates, scientists, and communities almost immediately objected, and in a few days’ time, environmental organizations filed a …

March 31, 2020 by Brian Gumm
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On March 27, the Center for Progressive Reform joined environmental justice, public health, and community advocates in calling out the U.S. Environmental Protection Agency (EPA) for suspending enforcement of our nation's crucial environmental laws. The agency made the move as part of the Trump administration's response to the coronavirus pandemic, despite mounting evidence that increased air pollution worsens COVID-19, the disease the virus causes.

Not missing the opportunity to use the crisis as an excuse to press its assault on our safeguards, the EPA said last week that it would not "seek penalties for noncompliance with routine monitoring and reporting obligations" for an indefinite period of time. As the coalition of groups noted, the order is broad and "relieves polluting and hazardous industries from meeting environmental standards during the coronavirus outbreak, with no end date in sight."

The enforcement suspension will almost certainly lead to …

Feb. 24, 2020 by Joel Mintz
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Originally published in The Revelator. Reprinted under Creative Commons license CC BY-NC-ND 3.0.

In recent months the Trump administration has intensified its assault on federal environmental safeguards on several fronts. It has proposed drastic reductions in the scope of protections against water and air pollution, lagged in the cleanup of hazardous waste contamination, allowed the continued marketing of toxic herbicides, narrowed the scope of needed environmental impact reviews, ignored and undermined legitimate scientific studies and findings, and dismantled government attempts to mitigate and adapt to the climate crisis.

Every bit as disturbing, but much less discussed, is a discouraging deterioration in the rigor of EPA’s once-effective enforcement program, which identifies and punishes polluters that skirt federal regulations.

The agency’s latest enforcement statistics reflect a dramatic decline in injunctive relief — the amount of money EPA-enforcement activities compelled polluters to commit to spending to correct their environmental …

Jan. 22, 2020 by Katie Tracy, Robert Verchick
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​It's no secret that President Trump has harassed staff at federal agencies since his first moment in office. Days after his inauguration, he blocked scientists at the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) from talking to the press and the public. He famously cracked down on federal labor unions and chiseled early retirees of their expected pension benefits. Now he's requiring hundreds of staff from USDA's Economic Research Service and the Bureau of Land Management to leave their homes in the Washington area and move to offices out West or risk losing their jobs.

The administration has been particularly disdainful of the professional staff at the EPA – the people who work every day to make sure you can take a dip in the lake, fill your lungs on a morning walk, or drink from the tap without some nagging fear of …

Nov. 22, 2019 by James Goodwin
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This post was originally published on the Union of Concerned Scientists' blog. Reprinted with permission.

The Environmental Protection Agency (EPA) appears poised to take the next step in advancing its dangerous "censored science" rulemaking with the pending release of a supplemental proposal. The EPA presumably intends for this action to respond to criticism of the many glaring errors and shortcomings in its original proposal, hastily released in 2018. Unfortunately, if the leaked version of the supplemental proposal is any indication, the agency is no closer to curing one of the 2018 proposal's biggest defects: identifying a plausible legal authority to issue the rule in the first place. As such, if and when it's finalized, the rule is doomed to easy rejection on the judicial review that is certain to follow.

The censored science rule—perhaps more than any other action of the Trump-era EPA—has come to …

Nov. 21, 2019 by Sean B. Hecht
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Originally published on Legal Planet. Reprinted with permission.

Over a year ago, EPA issued a proposed rule, ostensibly to promote transparency in the use of science to inform regulation. The proposal, which mirrors failed legislation introduced multiple times in the House, has the potential to dramatically restrict EPA's ability to rely on key scientific studies that underpin public health regulations.

The rule, on its face, would require EPA to take actions inconsistent with statutory mandates, including requirements to use the best available science in its regulatory processes. Robinson Meyer of The Atlantic provided an informative discussion of the proposed rule last year. The latest draft proposed update to the proposal, discussed at a House Science Committee hearing this week, further confirms that the Trump administration isn't really interested in reining in agencies' power relative to Congress, or in other professed conservative values. In this bizarre apparent move …

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