Nothing to Celebrate as TSCA Reform Turns Two

by Katie Tracy | June 22, 2018

June 22 marks the two-year anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (colloquially referred to as TSCA reform or new TSCA). The 2016 law provided some hope that the U.S. Environmental Protection Agency (EPA) would finally address the potential risks from tens of thousands of untested and unregulated chemicals common in our households and hygiene products, our food and drinking water, our air, and our workplaces. Unfortunately, under President Trump and Scott Pruitt's leadership, EPA has undermined the law. 

Under Pruitt, EPA finalized controversial and legally indefensible framework rules for prioritizing chemicals for risk evaluation and for conducting those evaluations. Environmental and public health advocates have sued the agency over the framework rules because they allow numerous unreasonable health and environmental risks to continue unabated, in violation of the statute. As EPA continues with TSCA implementation under its flawed framework rules pending the outcome of the litigation, the hope the reforms once gave is on hold. 

On June 1, EPA released problem formulation documents refining the scope of the risk evaluations for the first 10 chemicals the agency selected to assess under the new law. EPA selected these chemicals because of the significant and unreasonable risks they may pose to consumers, children, workers, and the environment. However, under EPA's contested framework rules, the agency is now cooking the books by excluding many use and disposal activities ...

At Small Business Hearing, CPR's Ristino Will Connect the Dots between Strong Safeguards and Strong Small Farms

by James Goodwin | June 21, 2018
This morning, CPR Member Scholar and Vermont Law School Professor Laurie Ristino will testify at a hearing before the Subcommittee on Agriculture, Energy, and Trade of the House Small Business Committee. The majority's not-so-subtle objective for the hearing is to apply familiar conservative talking points against federal regulations to the specific context of small farms.  In contrast to the subcommittee majority's three witnesses, all of whom represent industry trade associations that have strongly criticized environmental and other regulations in the ...

Deconstructing Regulatory Science

by Wendy Wagner | June 19, 2018
Originally published on The Regulatory Review. Reprinted with permission. The U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt recently opened another front in his battle to redirect the agency away from its mission to protect human health and the environment. This time, he cobbled together a proposed rule that would drastically change how science is considered during the regulatory process. Opposition soon mobilized. In addition to the traditional forces of public interest groups and other private-sector watchdogs, the editors of the ...

Agency U-Turns

by Daniel Farber | June 18, 2018
Cross-posted from LegalPlanet. The Trump administration is doing its best to wipe out Obama's regulatory legacy. How will the courts respond to such a radical policy change? The philosophical clash between these last two presidents is especially stark, but this is far from being the first time that agencies have taken U-turns. This is the fifth time in the past 40 years that control of the White House has switched parties, with accompanying changes in regulatory approaches. Yet the underlying statutory ...

Laying Down the Law on Rule Delays

by Lisa Heinzerling | June 14, 2018
Originally published on The Regulatory Review. Reprinted with permission. Since the Reagan administration, it has become commonplace for new presidential administrations, in one of their first official acts after inauguration, to freeze at least some pending regulatory actions of the prior administration. These freezes have been of varying breadth and have taken varying forms. The Trump administration’s regulatory freeze was notable for its sweeping scope and blunderbuss execution. In the early months of President Donald J. Trump’s presidency, agencies delayed many ...

Symposium on Regulatory Safeguards Features Warren, Frosh, Three CPR Scholars

by James Goodwin | June 04, 2018
Tuesday afternoon, three CPR Member Scholars – William Buzbee, Lisa Heinzerling, and Rena Steinzor – will be among the experts featured at a major symposium on the threats facing our system of regulatory safeguards. The symposium, The War on Regulation: Good for Corporations, Bad for the Public, was organized by the Coalition of Sensible Safeguards (CSS), which CPR co-leads as an executive committee member, and will include a keynote address from Sen. Elizabeth Warren (D-MA) and closing remarks from Maryland ...

Shapiro Takes on Pruitt's Pseudo-Transparency Rule

by Matthew Freeman | May 29, 2018
While most of the press EPA Administrator Scott Pruitt is getting these days has to do with his various over-spending scandals, his more lasting impact is likely to be his scorched-earth approach to environmental protections. In an op-ed in The Hill earlier this month, CPR’s Sid Shapiro highlighted one way Pruitt hopes to make an across-the-board, anti-environment impact: By limiting the scope of scientific studies that his agency may consider when developing safeguards. Under the guise of greater transparency, Pruitt ...

New Report: It's Time to Repeal the Congressional Review Act

by James Goodwin | May 02, 2018
Over the last couple of weeks, conservatives in Congress have continued their assault on public safeguards using the once-obscure and once-dormant Congressional Review Act (CRA). If their latest adventure succeeds, it will be the 16th public protection that these members, working with in concert with President Donald Trump, have obliterated over the last year, laying waste to a broad and diverse range of measures related to public health, safety, the environment, and consumer financial protection.  The anti-safeguard lawmakers behind these ...

Scholars Call Out Congressional Committee for 'Mythification' of NEPA

by James Goodwin | April 24, 2018
Tomorrow, anti-environmental members of the House Natural Resources Committee will hold a hearing provocatively titled, "The Weaponization of the National Environmental Policy Act and the Implications of Environmental Lawfare" – yet another in a long line of conservatives' attempts to justify myriad legislative attacks against this bedrock environmental law. As more than 100 CPR Member Scholars and other academic leaders explain in a letter to committee members, though, the hearing would be more aptly titled "The Mythification of NEPA."  The ...

At House Judiciary Hearing, CPR's Hammond Calls Out Efforts to Rig Environmental Review Process

by James Goodwin | April 12, 2018
This morning, CPR Member Scholar and George Washington University Law Professor Emily Hammond is set to testify before the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial, and Antitrust Law at a hearing that will look at two highly flawed bills. While their particulars differ, each is conspicuously (if a bit clumsily) designed to rig the environmental permitting process to allow industry groups to ram through big infrastructure and construction projects while shutting out the public from its traditional and ...

CPR's 2018 Op-Eds, Part One

by Matthew Freeman | April 11, 2018
CPR’s Member Scholars and staff are off to a fast start on the op-ed front in 2018. We list them all on our op-ed page, but here’s a quick roundup of pieces they’ve placed so far. Member Scholar Alejandro Camacho joins his UC-Irvine colleague Michael Robinson-Dorn in a piece published by The Conversation. In "Turning power over to states won't improve protection for endangered species," they summarize their recent analysis of state endangered species laws and state funding for enforcement. They ...

The Guidance Racket

by Rena Steinzor | March 27, 2018
Originally published on The Regulatory Review. Reprinted with permission. The spirited conservative attack on regulatory guidance is both puzzling and hypocritical. Admittedly, agencies sometimes issue guidance to avoid the quicksand of informal rulemaking. But the law makes clear that without full-dress procedure, guidance can never replace rules and statutes in enforcement actions. Remedying agency overreach in the rare circumstances when enforcement cases are based primarily on guidance is a straightforward legal matter—defendants have only to tell their problems to a judge. ...

CPR's Heinzerling to House Small Business Committee: Trump's Assault on Safeguards Nothing to Celebrate

by James Goodwin | March 07, 2018
Later this morning, CPR Member Scholar and Georgetown Law Professor Lisa Heinzerling will testify before the House Small Business Committee at a hearing that appears to be aimed at reveling in the Trump administration's assault on regulatory safeguards. In her testimony, Professor Heinzerling will explain why the celebratory mirth and merriment from the committee's majority members and their invited witnesses is misplaced and most likely premature.  As Heinzerling will point out, the major motivating force behind the Trump administration's assault is ...

Trump White House: Safeguards Produce Huge Net Benefits; Also Trump White House: Repeal Them Anyway

by James Goodwin | February 28, 2018
Last week, the Trump administration released the annual Draft Report to Congress on the Benefits and Costs of Federal Regulations. As befitting this auspicious occasion, the administration pulled out all the stops: targeted op-eds from high-ranking administration officials; relevant operatives dispatched to the leading Sunday morning talk shows; and even a televised press conference with the president himself.  Just kidding. They buried it. Quietly. Late on a Friday afternoon. When Congress was away on recess.  And even though it's already ...

The Hill Op-ed: Justice Dept's Enforcement Policies Make Change for the Worse

by Rena Steinzor | February 22, 2018
This op-ed originally ran in The Hill. Attorney General Jeff Sessions has wasted little time portraying himself as the prosecutor-in-chief of street — as opposed to white collar — crime, rejecting this month even a broadly bipartisan effort to reduce sentences for nonviolent crime supported by a coalition that spans the Koch brothers and the NAACP. Civil enforcement has also fallen off, as documented in investigative reporting by The New York Times and others. Both trends will almost certainly continue given ...

CPR's Emily Hammond Testifies About Health and Economic Benefits of Clean Air Act Regulation

by Matt Shudtz | February 14, 2018
It was an early holiday present to the nation's biggest polluters. EPA Administrator Scott Pruitt announced in early December that he was drastically changing the way EPA reviews polluters' compliance – or lack thereof – with the Clean Air Act. Today on Capitol Hill, CPR Member Scholar Emily Hammond will explain that this dramatic shift in policy is a complete abnegation of EPA's statutory responsibilities and, beyond that, puts lives and economic opportunity at risk. Professor Hammond is testifying before ...

Government and Bureaucracy Play Essential, Fundamental Roles in American Life

by James Goodwin | January 31, 2018
President Trump's first State of the Union address contained numerous outrageous claims and statements, rendering a full dissection and critique practically impossible. Many have already singled out one line of the speech as worthy of particular condemnation, so I'll add mine. Early on, Trump made this statement to the rapturous applause of his conservative allies in Congress: "In America, we know that faith and family, not government and bureaucracy, are the center of American life." This claim is not only ...

What Creates the Cost, Mr. President?

by Matthew Freeman | January 31, 2018
During the State of the Union address last night, no one was surprised to hear President Trump brag about all the work his administration has done slashing regulatory safeguards for health, safety, the environment, and financial security. It’s clearly one of his proudest first-year accomplishments — making us all less safe and more vulnerable to industries that profit by polluting the air and water, creating unsafe working conditions, using underhanded financial practices, or selling dangerous products. The president thinks that ...
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