CPR Scholars and Staff Call on EPA to Abandon Proposed Attack on Mercury Rule
One of the most successful environmental regulations in U.S. history is under attack from the Trump EPA – and its demise might be accomplished by shady bookkeeping. That is the conclusion of comments filed by Center for Progressive Reform Member Scholars and staff on April 17.
Since it was issued in 2011, the Mercury and Air Toxics Standard (MATS), which establishes rigorous technology-based standards to limit hazardous air pollution from fossil-fueled power plants – has reduced electric utilities' emissions of neurotoxic mercury by 81 percent. Significantly, the rule has achieved these reductions at less than a third of its projected costs while delivering public health savings estimated at billions of dollars each year.
The attack has come in the form of a proposal to undo what is known as the "appropriate and necessary" finding that undergirds the rule. In the provision of the Clean Air Act that authorized the MATS rule, Congress included a special requirement that EPA first find that controlling electric utilities' emissions of these pollutants would be "appropriate and necessary," a precondition the Obama administration had formally met. The Trump EPA now claims that the Obama administration's finding was based on a flawed analysis and seeks to overturn it. Of course, if the proposal succeeds in eliminating the rule's statutory precondition, the rule would become vulnerable to being struck down in court – just the outcome Team
OMB Leveraging the CRA to Add to Its Oversight of Independent Regulatory Agencies
by Bill Funk | April 16, 2019
Last week, the acting director of the Office of Management and Budget (OMB) issued a memorandum to all agencies regarding compliance with the Congressional Review Act (CRA). This memo supersedes one issued in 1999 and pulls independent regulatory agencies – specifically designed by Congress to be less prone to political interference than executive agencies – into a far more centralized CRA review process. The CRA requires federal agencies to send newly adopted rules to the House and Senate before the
CPR Member Scholars to EPA: Clean Water Rule Rollback Based on Bad Law, Weak Science
The federal Clean Water Act has been a resounding success as a tool for restoring our nation's waterways and preserving wetlands and other vital components of our ecosystems. But that success depends, in part, on restricting development in ecologically sensitive areas. That's why the Trump administration has proposed to narrow the scope of the Clean Water Act's protections. Not by amending the law, mind you – that wasn't possible when Republicans controlled both houses of Congress, much less now. Instead,
What Else Should Congress Investigate?
Originally published on Legal Planet. Every day, it seems that there is a headline about some investigation involving campaign finance violations, the White House, or the actions of some foreign power. Perhaps that's all the bandwidth that Congress has. But there are other areas calling out for inquiry. Here are just a few: CAFE Standards. The car industry asked for delays and modifications in fuel efficiency standards. The administration came back with a drastic rollback that went far beyond what
Economists vs. Environmentalists: Time for Détente?
Originally published on Legal Planet. Cost-benefit analysis has long been the target of environmentalist ire. But one lesson of the Trump years has been that economic analysis can be a source of support for environmental policy — it is the anti-regulatory forces who have to fudge the numbers to justify their actions. Most energy and environmental economists are aghast at Trump's assaults on climate change regulations — many of them would instead favor stricter regulation over the status quo. Maybe
Shackling EPA Risk Assessment
Originally published on Legal Planet. EPA pollution regulations are based on an assessment of the risks posed by pollutants. This can be a complex scientific judgment. The Clean Air Scientific Advisory Committee (CASAC), the agency's scientific advisory board, is pushing for major changes in the way that EPA approaches this analysis. The effect would be to make it much harder for EPA to prove that a risk exists. Currently, risk assessment is based on a "weight of the evidence" approach
Trump on the Environment: A Study in Falsehood
Originally published on Legal Planet. The Washington Post has a list of false statements by Trump, which turns out to be searchable by topic. They've found, "In the first eight months of his presidency, President Trump made 1,137 false or misleading claims, an average of five a day." As of March 17, he was up to 9,179 false statements. There were 200 false statements about the environment – that's about one every four days, which compares favorably to the number
Opinion Analysis: The Justices Wish Sturgeon 'Good Hunting' in Sturgeon v. Frost
This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). The Supreme Court ruled unanimously this week in favor of Alaskan John Sturgeon, who waged a 12-year battle against the National Park Service over its ban on hovercraft in park preserves. As a result of the decision, Sturgeon can once again "rev up his hovercraft in search of moose" on the Nation River in the Yukon Charley Preserve. This is the
Some Recusal Rules of Thumb for Recently Confirmed Judge Rao
During her confirmation hearing, Neomi Rao – then the administrator of the White House Office of Information and Regulatory Affairs (OIRA) and President Trump's pick to fill Justice Kavanaugh's vacant seat on the U.S. Court of Appeals for the D.C. Circuit – attracted a lot of controversy. Much of it surrounded the outrageous student newspaper commentaries she wrote as an undergrad, in which she casually passed judgment on date rape victims and the scourge of creeping multiculturalism. Now that Rao
EPA's Mission: The Original Understanding Wasn't Cutting Regulatory Costs
Originally published on Legal Planet. What is EPA’s mission? To what extent is minimizing regulatory costs part of the core mission, as the Trump Administration seems to believe? Does the Trump-Pruitt/Wheeler view comport with original intent? History makes it clear that the answer is “no.” The title of the agency itself suggests that the core mission is protecting the environment, just as the core mission of the Defense Department is presumably national defense (though cost isn’t irrelevant in either setting). It’s
Public Interest Community Calls on EPA Administrator to Halt Dangerous 'Benefits-Busting Rule'
Today, the Center for Progressive Reform and 46 other environmental, labor, and public health organizations sent a letter to Environmental Protection Agency (EPA) Administrator Andrew Wheeler calling on him to withdraw the agency's pending "benefits-busting" rule. Wheeler was recently confirmed as the official agency head, and, as the letter notes, he can begin his tenure on the right track by abandoning this dangerous rulemaking. The proposal is a vestige of the disastrous Scott Pruitt era that would radically overhaul how the
Why Is Trump Getting the Cold Shoulder from the Car Companies?
Originally published on Legal Planet. Usually, you'd expect a regulated industry to applaud an effort to lighten its regulatory burdens. So you would think that the car industry would support Trump's effort to roll back fuel efficiency standards for new vehicles and take away California's authority to set its own vehicle standards. But that effort is being met by silence in some cases and vocal opposition in others. According to E&E News, "senior officials from EPA and the National Highway Traffic
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 manifestations of that antagonism – and arguably one of the most pernicious – was an executive order signed by the president only ten days after
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 mobilization plan put in place over the next 10 years to get the United States to net zero carbon emissions; major government investments in clean
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 has become far too dangerous a law – and the happenstance of divided government should not be the only thing protecting the public interest from
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 southern border is neither new, sudden, nor especially dangerous. The number of immigrants has been declining for years and crime rates among immigrants are lower
It's Official: Trump's Policies Deter EPA Staff from Enforcing the Law
by Joel Mintz | February 19, 2019
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 EPA program. EPA's data indicate that it initiated and concluded approximately 1,800 civil judicial enforcement cases in 2018 — fewer than half the number it
Climate Damages: Uncertain but Ominous, or $51 per Ton?
Originally published on Triple Crisis. Second in a series of posts on climate policy. Find Part 1 here. According to scientists, climate damages are deeply uncertain but could be ominously large (see the previous post). Alternatively, according to the best-known economic calculation, lifetime damages caused by emissions in 2020 will be worth $51 per metric ton of carbon dioxide, in 2018 prices. These two views can’t both be right. This post explains where the $51 estimate comes from, why it’s not reliable,
When it comes to health, safety and the environment, executive branch enforcement of the law has become yet another arena to fight and re-fight policy battles presumably settled in Congress. In particular, regulated entities, including companies that pollute or make potentially dangerous products, spend millions working to block, delay, and unravel such protections.
Goodwin | Apr 18, 2019 | Regulatory Policy
Funk | Apr 16, 2019 | Regulatory Policy
Farber | Apr 12, 2019 | Regulatory Policy
Farber | Apr 09, 2019 | Regulatory Policy
Goodwin | Mar 25, 2019 | Regulatory Policy