200 Days and Counting: Pollution and Climate Change

by Daniel Farber | August 11, 2017

Rolling back EPA regulations is one of the Trump administration's priorities. The most notable example is Obama's Clean Power Plan, which aimed to cut CO2 emissions from power plants. The other rule that has gotten considerable attention is the so-called WOTUS rule, which defines federal jurisdiction to regulate wetlands and watersheds. But these are not the only rules in the crosshairs. EPA has announced plans to reconsider a rule limiting emission of toxic substances from power plants, rules dealing with methane emissions from oil and gas operations and from landfills, a chemical plant safety rule, and a rule dealing with water pollution from power plants. EPA plans to replace some of these rules and eliminate others altogether. Some of these rules are still the subject of litigation, so EPA is seeking to have the court proceedings put on hold, or to have the courts send the rules back to the EPA for reconsideration. But even without this additional procedural wrinkle, EPA faces a long and complicated process.

The press seems to think that Trump has accomplished something when he holds a press conference or sends a tweet demanding repeal of a regulation. But these don't have any legal significance. He's also issued executive orders about regulatory rollbacks, but those don't actually change the regulations. They just suggest that the agency start the process of actually making a regulatory change. (His immigration orders were different because Congress specifically gave him power ...

New Report Shows State Endangered Species Laws Come Up Short in Protecting Imperiled Plants, Animals, Habitats

by Alejandro Camacho | August 04, 2017
In spite of its documented success in conserving vulnerable species and ecosystems, as well as robust and enduring support among American voters, the federal Endangered Species Act has not been spared from calls to devolve funding and authority from the federal government. As this trend has gained increasing support within the 115th Congress and the Trump administration, Sen. John Barrasso (R-WY), Chairman of the Senate Environment and Public Works Committee, is widely expected to introduce legislation that seeks to erode ...

The Trump Deregulatory Agenda: Health, Safety, Environmental, and Consumer Protection Rules in the Crosshairs

by Rena Steinzor | August 02, 2017
Obama's Fall 2016 Versus Trump's Spring 2017 Unified Agendas On July 20, 2017, the Trump administration announced that it was going to kill hundreds of rules considered by previous administrations to protect public health, worker and consumer safety, the environment, and working people navigating the financial services marketplace. The Trump Spring 2017 "regulatory agenda" was lengthy and complicated. To understand its full implications, you needed to compare it to the last regulatory agenda issued by the Obama administration in the ...

A Striking About-Face on EPA's Progress in Protecting Us from Chemical Hazards

by Matt Shudtz | August 01, 2017
August is the time for back-to-school shopping, leading parents everywhere on the search for the best deals to fill our kids' backpacks. When that search ends at bargain outlets and dollar stores, though, there is a hidden cost many may not be aware of: the health burden from toxic chemicals in cheap consumer goods. Our chemical safety laws do not do enough to protect our children and families, so public health advocates like the Campaign for Healthier Solutions are putting ...

When Deciding Which Endangered Species to Prioritize, What Role Do Biodiversity and Ecosystem-Level Assessments Play?

by Jarryd Page | July 31, 2017
This post is the second of a pair focused on the challenges facing the Endangered Species Act and the U.S. Fish and Wildlife Service in the 21st century. You can read the first post here.  In drafting the 1973 Endangered Species Act (ESA), Congress gave explicit attention and priority, and therefore funding, to individual species. Rather than approaching species conservation through a more holistic consideration of a species' importance within its ecological community, giving broader attention to biodiversity, or looking ...

Does Species Triage Make Sense for the Fish and Wildlife Service?

by Jarryd Page | July 31, 2017
This post is the first of a pair focused on the challenges facing the Endangered Species Act and the U.S. Fish and Wildlife Service in the 21st century. You can read the second post here. Imagine yourself in a sinking ship. The water is rising quickly. Around you are 20 unique, precious artifacts, among the last of their kind to exist on Earth. You only have the capacity to rescue 10 pounds of these objects – if you try to take on ...

Trump's Deregulatory Agenda Is an Assault on Climate-Threatened Communities

by David Flores | July 27, 2017
Late last week, we shared our first take on how the Trump administration's 2017 deregulatory agenda threatens to knock the wheels off of agency efforts to protect workers, consumers, and vulnerable populations – like children and homeless families – from air pollution, flooding, and explosions in the workplace, among other hazards. After some additional research, we have also found that the administration's agenda takes aim at safeguards for victims of disasters, such as communities that face the threat of displacement ...

Trump's Unified Agenda: Sending the Energy Sector Back to the Dark Ages

by Hannah Wiseman | July 26, 2017
President Trump's first Unified Agenda of Regulatory and Deregulatory Actions, released last week, aims to cut regulations across the board, but the broad swath of energy programs and regulations under the ax is particularly notable. The U.S. energy sector, finally catching up with the rest of the world, has modernized by leaps and bounds in recent years with the help of limited but targeted governmental support. But Trump's agenda would bring this all to an abrupt halt and send us ...

Pending House Bill Would Drastically Limit State Protections for Public Health, Safety, Environment

by Emily Hammond | July 25, 2017
The newest dangerous proposal filtering through Congress is H.R. 2887, the "No Regulation Without Representation Act of 2017." Packaged as a prohibition on states regulating outside of their borders, the bill is a Trojan horse that usurps the states' role in the federal system and threatens their ability to protect their own citizens from harm. The House Committee on the Judiciary's Subcommittee on Regulatory Reform, Commercial and Antitrust Law is taking up the bill in a hearing today, July 25, ...

Is OSHA Out of the Worker Protection Business?

by Katie Tracy | July 24, 2017
When President Trump released his spring Unified Agenda last week, he made it abundantly clear that he has no interest in protecting workers from occupational injuries and diseases. The White House released the agenda amid what it called “Made in America” week, but instead of recognizing workers and advocating for safe and healthy jobs and fair wages, Trump brought manufacturers to the nation’s capital to show off their products. When it comes to working families, Trump is ignoring what should ...

OSHA to Expand Voluntary Protection Programs without Assessing Benefits to Workers

by Katie Tracy | July 21, 2017
On Monday, July 17, the Occupational Safety and Health Administration (OSHA) convened a public meeting to hear input from stakeholders about how the agency might grow and strengthen its Voluntary Protection Programs (VPP). Given the change in administration, the announcement was no surprise.  Growing the VPP had also been a priority of the George W. Bush administration, during which time OSHA made plans to add thousands of new participants despite having no evidence the program improved worker health and safety. ...

Benefits Lost: The Blueprint for the Trump Administration's Assault on Our Safeguards

by James Goodwin | July 20, 2017
Early this morning, the Trump administration released its Spring 2017 Regulatory Agenda, which outlines the regulatory and deregulatory actions the administration expects to take over the next 12 months. Because it is the first of the Trump administration, this document is particularly significant. By comparing it with the last Regulatory Agenda of the Obama administration, which was released in fall of 2016, we are able to see what pending regulatory actions the Trump administration has abandoned or delayed. Only a ...

New Analysis Exposes the Trump Administration's Rulemaking Delays

by Rena Steinzor | July 19, 2017
Early in the Trump administration, news about delayed and "disappeared" rules emerged in several media outlets. Many of these delays were driven by a memo issued by Trump White House Chief of Staff Reince Priebus on January 20, 2017, which "froze" the implementation of rules until March 21, 2017, so that a representative of the administration could review them. Freezing rules for a limited amount of time is standard practice for newly inaugurated presidents. But the White House and agency ...

Trump's EPA Budget Plan Would Harm Many Everyday Americans

by Joel Mintz | July 11, 2017
Imagine that a hostile foreign power covertly manipulated our democracy and government to impose on Florida and other coastal states heightened risks of catastrophic sea level rise and an intensification of hurricanes, floods, droughts, and diseases carried by insects and parasites. Suppose, too, that the same foreign government then set about to demolish the work of American institutions that prevent serious diseases and avoidable deaths to our people. Without doubt, we would regard those acts as threats to our national ...

Trump's 'Small Business' Office Solicits Update for Anti-Safeguards Propaganda

by James Goodwin | July 06, 2017
Late last Thursday, the Small Business Administration's (SBA) Office of Advocacy announced that it was soliciting proposals for "small business research" projects. The solicitation – and particularly the category of topics that the SBA Office of Advocacy has selected for potential research projects – offers one of the first clues on how this obscure but powerful office is likely to operate under the Trump administration.  The SBA Office of Advocacy is a small and unusual office within the federal government ...

Murr v. Wisconsin: The 'Whole Parcel' Rule Prevails, At Least in This Regulatory Takings Case

by Robert Glicksman | July 05, 2017
Originally published by the George Washington Law Review How should a court assessing a regulatory takings claim define the "property" allegedly taken to assess the degree of the economic impact the regulation has on it? That question has plagued the Supreme Court for nearly a century, with different and conflicting answers emerging, sometimes in relatively rapid succession. In Murr v. Wisconsin,[1] the Court has provided its most comprehensive answer to the so-called "denominator" question so far, although even the analytical framework ...

No Way to Make a Sausage

by Matthew Freeman | June 29, 2017
As appalling as the first five months of the Trump presidency have been to those of us who care about public policy and good government, we can't claim to be surprised. As Hillary Clinton memorably explained to historians last summer in Philadelphia, "There is no other Donald Trump. This is it." But what has been a surprise is how bad this Congress has been at legislating. Paul Ryan and Mitch McConnell are hardly newbies to the Washington scene or the ...

The Most Important Revolving Door You've Never Heard Of

by James Goodwin | June 29, 2017
Earlier this week, Axios and Greenwire ($) reported that international oil behemoth BP is bringing on a new lobbyist to work on "[r]egulatory reform advocacy related to Federal energy and environmental rules," as described in the required lobbying disclosure statement. That in itself is hardly news. What makes this story remarkable is who the lobbyist is, or in this case, was. Nathan Frey, who appears to be the only partner with the lobbying firm Regulatory Strategies and Solutions Group, used ...

Regulatory Policy

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.

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