Trump's Fall Anti-Safeguards Agenda: No Country for Young Children

by James Goodwin | October 17, 2018

The Trump administration's Fall 2018 regulatory agenda dropped late last night, and as with previous iterations of this preview of what's to come on the regulatory front, it is chock full of numbers – at least the kinds of numbers partisan ideologues and regulated industries care about. But what these numbers don't reveal are the kinds of things a decent society cares about. Basic things like how well we are protecting the health and welfare of children, for example.

Already, we have heard President Trump and various White House officials congratulate themselves for their large number of deregulatory actions, the relatively small number of "regulatory" actions, and net cost savings to industry. These numbers are worse than misleading; they're a diversion. They're a bogus benchmark that tells us nothing about the quality of the regulations themselves or how well the Trump administration is doing in terms of fulfilling its constitutional obligation to "take Care that the Laws be faithfully executed."

To the extent they reveal anything at all, these numbers tell us how much damage the Trump administration's assault on our safeguards is doing by shifting the costs of pollution, health problems, abusive corporate practices, and so much more from the perpetrators and onto everyday Americans.

Children, in particular, will be hit hard, as the Environmental Protection Agency's (EPA) agenda entries confirm. Some of the items on the EPA's agenda will directly and affirmatively harm kids, such as the agency's ...

'National Security' Coal Bailout Collapses

by Daniel Farber | October 17, 2018
Cross-posted from LegalPlanet. In its desperate effort to save the failing American coal industry, the Trump administration promised to use emergency powers to keep coal-fired power plants in operation even though they're not economically viable. That would have been the kind of disruptive change that Trump promised to bring to Washington. But the effort seems to have gone aground, according to Politico. This outcome tells us something about the gap between Trump's promises of committing regulatory mayhem and the realities of ...

Justice Delayed: Mercedes-Benz's Diesel Pollution Remains Unprosecuted

by Joel Mintz | October 16, 2018
To serve the cause of justice, law enforcement must be prompt, even-handed, and appropriate to the circumstances of individual cases. In their handling of an important recent pollution case, however, the enforcement activities of the Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) have been none of those things. The case involves the alleged use by Mercedes-Benz of software "defeat devices" in its diesel cars to override pollution control devices. There is considerable evidence that Mercedes' misconduct was ...

The Hill Op-Ed: Blind Focus on 'Energy Dominance' May Cripple Endangered Species Act

by Alejandro Camacho | October 05, 2018
This op-ed originally ran in The Hill. The bald eagle, sea otter, timber wolf — these iconic animals and more have been saved by the Endangered Species Act (ESA). But the Trump administration doesn't seem to care about our country's natural heritage. It's using questionable arguments about the popular law in an effort to gut protections and convert our public lands into private assets. The administration's destructive intent is apparent in the proposed revisions to the ESA by the U.S. Fish and Wildlife Service ...

The Trump Administration's Acknowledgement of Climate Change Is Cynical -- and Potentially Sinister

by Melissa Powers | October 03, 2018
As Juliet Eilperin, Brady Dennis, and Chris Mooney of The Washington Post reported on September 27, the Trump administration seems to finally be acknowledging that climate change is real. But the motivation for recognizing that reality is cynical, at best, so rather than proposing doing something – anything – about climate change, the administration concludes we shouldn't bother trying.  Buried in a 500-page justification for a rule that would prevent California (and, by extension, other states) from regulating emissions of ...

Environmental Justice Is Worth Fighting For

by Sidney Shapiro | October 02, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. The reactions to our article, Inequality, Social Resilience, and the Green Economy, have a clear message: We, environmentalists, have our work cut out for us. We wrote our article to start an overdue conversation about environmental policy and social and economic well-being, and we thank our commentators for joining us in starting this conservation. In response, we would note that, although protecting the ...

Argument Preview: Justices to Consider Critical-Habitat Designation for Endangered Frog

by Lisa Heinzerling | September 28, 2018
This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). Editor's note: You can read Professor Heinzerling's follow-up post, which analyzes the oral arguments in this case, on SCOTUSblog. A tiny amphibian takes center stage in the first case of October 2018 term. The dusky gopher frog is native to the forested wetlands of the southern coastal United States, with a historical range from the Mississippi River in Louisiana to the ...

Knick v. Township of Scott: Takings Advocates' Nonsensical Forum Shopping Agenda

by John Echeverria | September 28, 2018
On Wednesday, October 3, the U.S. Supreme Court will hear oral argument in Knick v. Township of Scott. The case poses the question of whether property owners suing state or local governments under the Takings Clause are required to pursue their claims in state court (or through other state compensation procedures) rather than in federal court, at least if the state has established a fair and adequate procedure for awarding compensation if a taking has in fact occurred. The Knick ...

The Case for Co-Benefits

by Daniel Farber | September 27, 2018
Cross-posted from LegalPlanet. The Trump administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation because cutting carbon emissions almost always results in reductions of other pollutants like particulates that are dangerous to health. This may seem like a minor technical issue. But by ...

Expanding Environmental Justice to Achieve a Just Transition

by Alice Kaswan | September 26, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A recent study tells us that Hurricane Maria, which struck Puerto Rico in September 2017, may have caused as many as 4,600 deaths, far exceeding the initial official death toll of 64. In contrast, contemporaneous hurricanes in Texas and Florida appear to have caused far fewer deaths: 88 in Texas and 75 in Florida. The differing outcomes bring home the importance of Sidney ...

The Jobs and Regulation Issue Revisited

by Daniel Farber | September 25, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. Despite noisy political claims to the contrary, the weight of the evidence suggests that regulation has a small impact on the total number of jobs. Still, regulation is bound to have some effect on who has jobs, what kinds of jobs they have, and where those jobs can be found. How much should we care about that? In a new ...

Regulating the Green Economy

by Sidney Shapiro | September 24, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A green economy will generate thousands of new jobs — many more than will be lost to regulations on carbon pollution. But a green economy may also increase wealth inequality in some parts of the United States because people who lose jobs to carbon controls are not the same as those who will get them when the green economy blooms. ...

From Surviving to Thriving -- The National Environmental Policy Act and Disasters

by Joel Mintz | September 21, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. In August, 2017, Hurricanes Harvey and Irma brought widespread devastation to the southeastern United States, destroying buildings, flooding neighborhoods, and taking lives. Harvey shattered the national rainfall record for a single storm, dropping over 50 inches of rain in a 36-hour period. The Houston area suffered massive flooding, as the U.S. Army Corps of Engineers attempted to balance ...

From Surviving to Thriving -- Stormwater Infrastructure and Management: Unsafe for Human Contact

by Evan Isaacson | September 17, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. As millions of Americans in Houston and throughout Florida and Puerto Rico are acutely aware, the most dangerous aspect of a hurricane is the water. In Houston, the 50 inches of water that fell over the course of a few days broke records and overwhelmed the city’s flood control system. In Florida, Hurricane Irma’s storm surge ravaged coastal ...

From Surviving to Thriving -- Relocation and Migration

by Maxine A Burkett | September 13, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. The 2017 hurricane season demonstrated the “second disaster” phenomenon. Climate-fueled storms are the first, named disaster. The second disaster is the tragedy that results from the lack of preparedness of decision-makers — at all levels — who have failed to plan in a manner consistent with the risks presented.  Perhaps few phenomena underscore that more than the post-disaster ...

From Surviving to Thriving -- State and Local Planning

by Alice Kaswan | September 12, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. Three months before Hurricane Irma hit Florida, the state relaxed what many had considered to be one of the best building codes in the country. That wasn’t an anomaly. A report by the Insurance Institute for Business & Home Safety found that many states along the Atlantic and Gulf coasts either lack building codes or have relaxed ...

From Surviving to Thriving -- The National Flood Insurance Program: Back to the Future

by Christine Klein | September 11, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. In the wake of Hurricane Harvey, Eileen and Jeff Swanson faced the unthinkable. They had just paid off the last of the mortgage on their $225,000 home in the Canyon Gate neighborhood of Houston, where they lived with two sons, one of whom is severely developmentally disabled. During the storm, a foot of water inundated their home, and ...

From Surviving to Thriving -- FEMA and Disaster Resilience

by Daniel Farber | September 10, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. “No power, no water, no transport, roads were closed, many streets broken, houses destroyed and people crying.” Those were the words of Maria Meléndez, the mayor of Ponce, the largest city in southern Puerto Rico, after Hurricane Maria devastated Puerto Rico and the Virgin Islands. She had good reason to complain. As pointed out in the Economist, “[e]ven ...

Environmental Policy

The planet faces unprecedented environmental challenges. Heading the list of threats is climate change, but other problems persist, including air and water pollution, toxic waste, and the protection of natural resources and wildlife. In recent years, we've been reminded that many of these problems , in their way, magnify the harm from natural disasters.

Recommended Resources:
Regulatory Policy
Assault on Our Safeguards

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