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 ...

The Unclean Water Rule

by Evan Isaacson | July 13, 2017
This post builds from an interview with the author for WYPR's The Environment in Focus with Tom Pelton, a portion of which aired on Wednesday, July 12, 2017. One question I've been asked a number of times over the last several years is, "What does the Clean Water Rule mean for the Chesapeake Bay?" With EPA's recent proposal to repeal the rule, I'm once again hearing questions and speculation about what this repeal will mean for the Bay watershed. I ...

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 Nominee for Top EPA Enforcement Lawyer Set to Testify. Here's What We Want to Know.

by Matt Shudtz | June 12, 2017
Susan Bodine, an attorney with significant experience on Capitol Hill and at the U.S. Environmental Protection Agency (EPA), is President Trump's nominee to lead the Office of Enforcement and Compliance Assurance (OECA) at the agency. She is likely to get a friendly audience tomorrow when she appears before the Senate Environment and Public Works Committee to answer questions about the future of OECA. After all, she's worked closely with everyone on the panel, and there remain some aspects of federal ...

LA Times Op-Ed: EPA Scientists Said Ban the Pesticide Chlorpyrifos. Scott Pruitt Said No

by Carl Cranor | June 08, 2017
This op-ed originally ran in the Los Angeles Times. Miners carried canaries into coal mines; if the canary died, it was an early warning of the presence of toxic gases that could also asphyxiate humans or explode. The Trump administration has decided to use children and farmworkers as 21st century canaries, continuing their exposure to a pesticide named chlorpyrifos that has been linked to serious health concerns. The toxicity of this commonly used pesticide was demonstrated in early May when ...

Trump Cuts and the EPA: Making America Less Healthy Again

by Joel Mintz | March 27, 2017
This op-ed originally ran in The South Florida Sun Sentinel. The most drastic cut in President Donald Trump's recently released budget outline is to the Environmental Protection Agency (EPA), the agency tasked by law with setting and enforcing national standards to limit water, air, and land pollution; conducting scientific research to protect our health and the environment; and assisting state and local governments in reducing pollution. Even as the tasks assigned to it by Congress have multiplied over the years, the EPA's budget has ...

Trumping Innovation

by Joseph Tomain | March 21, 2017
Yale economist William Baumol has written extensively on the connection between innovation and economic productivity. He has demonstrated that the United States has long been committed to promoting innovation, and through innovation, virtuous circles of economic growth are created. Unfortunately, the current administration appears committed to curtailing, even stopping, that growth. The president's first budget has many targets. One, though, directly contradicts Baumol's research and, more problematically, directly contradicts the U.S. Constitution. From the Founding, it has been a fundamental ...

As EPA Embarks on Dangerous Experiment in Federalism, How Will States Respond?

by Evan Isaacson | March 20, 2017
In the early 1970s, Congress passed the Clean Air Act and Clean Water Act on nearly unanimous votes. The overwhelming support for these new laws reflected not only the horrific condition of America’s air, water, and landscape at the time, but also an appreciation of the collective action problem states faced, necessitating federal action. The major environmental laws that passed in the following years were predicated on the need to set a federal floor for environmental standards in order to ...

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 ...

Environmental Federalism and Scott Pruitt -- We've Been Here Before

by Evan Isaacson | February 27, 2017
The ascension of Scott Pruitt as Administrator of the Environmental Protection Agency (EPA) ushers in a new chapter in the long story of cooperative federalism in the administration of U.S. environmental laws. Pruitt's words and actions as the Attorney General of Oklahoma suggest that, as much as any other issue, idea, or policy, federalism will be a recurring theme. But are the cries about federalism really about finding the proper balance of state and federal roles in implementation of our ...

You Can't Always Get What You Want

by Matt Shudtz | January 31, 2017
As long as Donald Trump is in the White House, progressives should harbor no delusions that the Administrator of the Environmental Protection Agency (EPA) is going to be a wool-socks-in-Birkenstocks tree hugger. Scott Pruitt is certainly no such individual. But nor is he a person with the experience, depth of understanding of the agency’s programs, or temperament to run the agency. The job of EPA Administrator under President Trump will surely prove to be the most thankless cabinet-level job. Trump ...

Andrew Puzder Should Not Be the Next Labor Secretary

by Katie Tracy | January 30, 2017
The Senate Labor Committee will hold a confirmation hearing Feb. 7 on President Donald Trump's nomination of Andrew Puzder as Secretary of Labor. If confirmed by a vote of the full Senate, Puzder will oversee all of the agencies and departments within the Department of Labor, including the Occupational Safety and Health Administration (OSHA), the Wage and Hour Division (WHD), and the Office of Federal Contract Compliance Programs (OFCCP). This is troubling, to say the least, because a look at Puzder's ...

Uninformed and Unqualified: A Brief Run-Down of Rick Perry's Energy Department Nomination

by Alexandra Klass | January 23, 2017
There are few reasons for the Senate to confirm former Texas Governor Rick Perry as Secretary of the U.S. Department of Energy (DOE) and many reasons to oppose his confirmation. He famously vowed to abolish the DOE when he ran for president in 2012 (along with several other federal agencies) but then could not even remember the name of the agency when asked about it during the Republican primary debates. One might have guessed at that time that he knew ...

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 ...

CPR's Tracy Delivers Comments at EPA Meetings on Risk Evaluation, Prioritization, and the Toxic Substances Control Act

by Katie Tracy | August 10, 2016
UPDATED (8/10/2016): On August 9 and 10, Center for Progressive Reform Policy Analyst Katie Tracy delivered remarks at two Environmental Protection Agency (EPA) stakeholder meetings on risk evaluation, prioritization, and the revised Toxic Substances Control Act (TSCA). August 9 – Risk Evaluation Rule Thank you for the opportunity to present today. My name is Katie Tracy. I am a policy analyst with the Center for Progressive Reform. I would just like to share a few brief comments with you today, which will be ...

Do Revisions to Nation's Toxic Chemical Law Represent Reform?

by Mollie Rosenzweig | June 20, 2016
Earlier this month, revisions to the Toxic Substances Control Act (TSCA) cleared the Senate and now await President Obama's signature. TSCA's failure to provide EPA with meaningful authority to protect Americans from toxic chemicals was widely recognized, yet the path to revising the law was fraught with controversy. The chemical industry and public health and environmental advocates, as well as Democrats and Republicans in Congress, wrangled over a number of bills for years. The resulting legislation represents a compromise, and ...

EPA Releases 2016 Assessments for Chesapeake Bay States

by Evan Isaacson | June 17, 2016
This morning, the U.S. Environmental Protection Agency (EPA) released its annual assessments of progress made by the seven jurisdictions in the Chesapeake Bay watershed. The bottom line: nothing has really changed in terms of the content or tone from the previous annual assessments, and they do not appear to reflect a shift in strategy by EPA toward greater enforcement against lagging states under the "accountability framework" of the Chesapeake Bay Total Maximum Daily Load (Bay TMDL). First, a quick summary ...

CPR's Glicksman to Senate Subcommittee: EPA's Job Is to Protect Everyone

by James Goodwin | June 06, 2016
Tomorrow, the Senate Environment and Public Works Committee's Subcommittee on Superfund, Waste Management, and Regulatory Oversight is set to hold a hearing investigating the Environmental Protection Agency's (EPA) compliance with the Unfunded Mandates Reform Act (UMRA). UMRA is striking because it was passed in 1995 as part of then-House Speaker Newt Gingrich's attacks on the U.S. regulatory system – an era that is reminiscent of today's strident anti-regulatory zeal. Indeed, today's anti-regulatory members of Congress continue to explore ways to ...

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