President's Reckless Budget Proposal Would Gut Agencies, Endanger Our Health and Environment

by Matt Shudtz | March 16, 2017

As part of a coalition of public interest organizations working toward a responsible federal budget that protects people and the planet, I released the following statement on President Trump's reckless budget proposal that guts the EPA, eliminates federal funding for the Chesapeake Bay cleanup effort, and more. 

"The president's 'skinny budget' is a particularly apt description for a proposal that would leave crucial protector agencies too emaciated to safeguard our health, safety and environment. Whether it's pipeline inspectors to protect our land and water from oil spills, or workplace safety inspectors to ensure our family members return home safely from their jobs, or environmental inspectors to prevent air pollution and toxic chemical disasters, many agencies simply don't have sufficient resources to conduct the level of enforcement needed to safeguard all Americans. Slashing their budgets even further would be the height of irresponsibility, and Congress should reject Trump's proposal and give agencies the resources they need to police corporate special interests that cannot be trusted to police themselves." 

As for the rest of us, it's more important than ever that we remain vigilant about the Distracter-in-Chief's strategy here. Extremists in Congress have been proposing drastic budget cuts for years, but their proposals were positioned alongside a president's budget that reflected the real costs of faithfully executing and enforcing our nation's laws. No longer. President Trump's first budget is an obvious and simplistic ploy designed to ...

The Hill op-ed: Ruling by Decree

by David Driesen | March 07, 2017
This op-ed originally ran in The Hill. The Feb. 28 executive order overturning a Clean Water Act rule clarifying EPA's jurisdiction over wetlands furnishes but the latest example of President Trump's propensity to rule by almost daily fiat. Trump has ruled by decree ever since he assumed office. He has not proposed a single bill to our elected representatives, not even a bill to help blue-collar workers and rebuild America through infrastructure projects, one of his main campaign promises. Nor ...

Recent Trump Anti-Reg Order Could Breathe New Life into Dangerous Old Law

by James Goodwin | March 03, 2017
The first rule of reading anti-regulatory bills, executive orders, and other policy prescriptions is: Sweat the hyper-technical, anodyne-sounding stuff. And President Donald Trump's February 24 executive order on "Enforcing the Regulatory Reform Agenda" demonstrates why this rule exists.  One of the order's provisions – which no doubt caused glaze to form over many an eye – read: "[E]ach Regulatory Reform Task Force shall attempt to identify regulations that . . . are inconsistent with the requirements of section 515 of ...

Regulatory Paralysis by Preemption: GMO Food Labeling and Potentially More

by Lesley McAllister | March 02, 2017
Originally published on Environmental Law Prof Blog by CPR Member Scholar Lesley McAllister. Did you know that as of July 2016, we have a new federal law mandating that genetically engineered food be labeled? It is true – see 7 U.S.C. § 1639(b)(2)(D) (Jul. 29, 2016). So when, you might ask, will you be able to know which of all those foods we buy at the grocery store are produced with GMOs? It could be a very long wait. For one thing, ...

No, They Don't, Mr. Pruitt

by Robert Glicksman | March 02, 2017
In his first speech upon assuming his duties as EPA Administrator, Scott Pruitt informed the agency's employees that "regulators exist to give certainty to those that they regulate." No, Mr. Pruitt, they do not. Regulators and the regulations they are responsible for adopting and enforcing exist to protect the public interest. In particular, they exist to correct market failures, such as the refusal of polluting industries to internalize the costs of the harm they do to public health and the ...

Why the REINS Act Is Unconstitutional

by Bill Funk | February 14, 2017
The so-called Regulations from the Executive In Need of Scrutiny Act (REINS Act) has already passed the House this year, as it did in previous sessions. The current version, which amends the Congressional Review Act (CRA), differs somewhat from previous versions but still suffers from a fatal flaw – it is unconstitutional.  The current REINS Act has three parts. One part essentially reflects the recent Executive Order on Reducing Regulation and Controlling Regulatory Costs, except that the REINS Act only ...

The Cabinet and the Rule of Law

by David Driesen | February 06, 2017
To carry out their duty under the Constitution, senators must ask themselves the following question when considering a president's cabinet nominee: Will this person faithfully execute the laws, even if the president wishes to ignore them and carry out a contrary policy? Unless the answer to that question is a clear "Yes," they must reject the nominee.  Alexander Hamilton explained in The Federalist Papers that the Constitution authorizes the Senate to disapprove of presidential nominees to discourage the president from ...

Tax Credits and Public Spending on Infrastructure

by David Driesen | January 30, 2017
Donald Trump based his candidacy on the claim that he would serve working-class people who established politicians have neglected. He promised $1 trillion of infrastructure investment over 10 years, which could generate a lot of blue-collar employment while potentially repairing crumbling bridges and roads, replacing antiquated wastewater treatment systems (in Flint and elsewhere), and creating a mass transit system that could move us into the 21st century in that realm. A sound infrastructure program, unlike anything else that Trump has ...

CPR Statement: Rep. Mick Mulvaney Should Not Be Confirmed to Lead the Office of Management and Budget

by Brian Gumm | January 24, 2017
NEWS RELEASE: Rep. Mick Mulvaney Should Not Be Confirmed to Lead the Office of Management and Budget                                                                                                              Today, the Senate Committees on Budget and Homeland Security ...

Ryan Zinke's Troubling Road to Interior Secretary

by Robert Glicksman | January 19, 2017
Rep. Ryan Zinke, a congressman from Montana and Donald Trump's pick for the next Secretary of the Interior, said some encouraging things in his Senate hearing on January 18. First, he acknowledged that the climate is changing and that "man has had an influence," disavowing Trump's notorious statement that climate change is a hoax. Second, he stated in strong terms his opposition to divestiture of the lands and resources owned by the federal government, declaring that "I am absolutely against ...

For 2017: Grit, Hope, and Cher's Feathers

by Robert Verchick | December 31, 2016
My, but the year 2016 has been a humdinger, a whopper, a real sockdolager. Donald Trump is measuring drapes for the White House. His allies in the Republican Party hold both chambers of Congress. At the state and local levels, Democratic influence is at historic lows. Did I mention there are more than a hundred vacancies on the federal court to be filled by a soon-to-be President Trump, including an open seat on the Supreme Court?  I will not lie. ...

Environmental Enforcement in the Crosshairs: Grave Threats to a Vital Protection for All Americans

by Joel Mintz | December 13, 2016
Efficient, professional law enforcement is a cornerstone of effective and responsible environmental protection. It is the cop on the environmental beat. While some regulated firms will likely continue to comply with environmental requirements in the absence of vigorous, evenhanded enforcement, other companies will certainly proceed to pollute America's air, water, and land with reckless arrogance. With these realities in mind, it is imperative to recognize the serious, potential threat posed to environmental enforcement by the forthcoming Donald Trump administration and ...

Racism, Cost-Benefit Analysis, and Trump Advisor Steve Bannon

by James Goodwin | November 29, 2016
What does Steve Bannon – who, despite his well-documented racism, anti-Semitism, and misogyny, was appointed as president-elect Trump's senior counselor and White House strategist – have to do with a rarified and wonky policy exercise such as regulatory cost-benefit analysis? Unfortunately, a lot, as it turns out.  From a serious policy perspective, the Trump administration's approach to governance remains terra incognita, and this is especially the case with its approach to implementing laws through regulations. So far, Trump has signaled ...

Will the Media Rise to the Trump Challenge or Just Fall into His Trap?

by Matthew Freeman | November 29, 2016
Ever since Richard Nixon's vice president, Maryland's own Spiro Agnew, described the nation's ink-stained journalists as "nattering nabobs of negativism," attacks on the media have been reliably base-pleasing material for conservative politicians. But Donald Trump is in a category all his own. For most pols, attacking the press is a way to deflect criticism. For Trump, it was a defining element of his candidacy. At his rallies, he kept the press corps literally penned up so that he could more ...

The Assault on Our Safeguards

by Thomas McGarity | November 22, 2016
We are about to experience a fifth major assault on the health, safety, environmental, and consumer protections that Congress put in place during the 1960s and 1970s, protections that most of us take for granted. And all indications are that this assault will be more intense and more comprehensive than any of the prior assaults on the governmental protections that shield our families and communities from the ravages of an unfettered free market.  In my 2013 book, Freedom to Harm, ...

What Can We Expect from a President Trump?

by Matt Shudtz | November 21, 2016
Hazy as they may be, we are all looking into our crystal balls, trying to envision what a Donald Trump presidency will mean for the world around us. The first glimpses we have of the future – Steve Bannon at Trump's right hand, Jeff Sessions as Attorney General, Michael Flynn as National Security Advisor – project something much darker and more insular than befits a nation whose arc of history is as progressive as ours. Of course, that arc is ...

Six Thoughts for an Environmental Law Student Wondering What This All Means

by Dave Owen | November 21, 2016
Editor's note: This post was originally published on Environmental Law Prof Blog on November 10. While it was primarily written for environmental law students, it contains wisdom for everyone who cares about our environment and our natural heritage. * * *  "As a future environmental attorney, I'm confused and angry and sad. And as a human being, I'm equally as confused and angry and sad. A lot of us students are trying to process all of this today." That was the beginning ...

The Struggle Ahead

by Matt Shudtz | November 10, 2016
Where do we stand now that the election is over and the presidential transition is beginning? That's a common question these days. Those of us striving in the public interest had come to expect progress, and now that expectation has been dashed. For eight years, President Obama and his team of dedicated public servants did something remarkable. With their deep appreciation and respect for our system of government, they created conditions ripe for a vigorous and uplifting debate about the ...

Good Government

For democratic government to function properly, the people need to know what their government is doing in their name. That demands both transparency and honesty from government officials and agencies. In recent years, however, some in government have worked to shield their work from public inspection, and not just where national security is concerned.

The Hill op-ed: Ruling by Decree

Driesen | Mar 07, 2017 | Good Government

No, They Don't, Mr. Pruitt

Glicksman | Mar 02, 2017 | Good Government

The Cabinet and the Rule of Law

Driesen | Feb 06, 2017 | Good Government

Tax Credits and Public Spending on Infrastructure

Driesen | Jan 30, 2017 | Good Government
Recommended Resources:
Good Government
Transparency and Integrity Should Be Cornerstones

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