New Guide: Securing a Nontoxic Work Environment

by Katie Tracy | April 17, 2019

Workers should be able to earn a paycheck without putting their lives or their health and well-being on the line. Yet every day, an estimated 137 U.S. workers succumb to diseases caused by on-the-job exposure to toxic chemicals and other hazardous substances, and hundreds of thousands more suffer from nonfatal illnesses. In fact, more people die annually from toxic exposures at work than from car crashes, firearms, or opioids.

Today, the Center for Progressive Reform (CPR) releases a new handbook, Chemical Detox for the Workplace: A Guide to Securing a Nontoxic Work Environment, exploring multiple strategies that workers, their representatives, and advocates can implement to reduce or eliminate chemical hazards in their workplaces and assist injured workers, all without waiting for government intervention. This is critically important now more than ever as the Trump administration and the chemical industry fight aggressively to undermine existing protections and stall new ones.

Weak and outdated chemical exposure standards for the workplace have long been a challenge for workers, but the Trump administration has actively sought to make a bad problem worse. Some of Trump's first acts as president were to delay enforcement of the Occupational Safety and Health Administration's (OSHA) newest chemical exposure limits for silica dust and beryllium and subsequently to propose easing requirements in the beryllium standard for the maritime and construction industries. OSHA has also abandoned the development of limits ...

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

by Matt Shudtz | April 15, 2019
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?

by Daniel Farber | April 12, 2019
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 ...

A Defeat on Offshore Drilling Extends the Trump Administration's Losing Streak in Court

by Alejandro Camacho | April 11, 2019
Originally published by The Conversation. The Trump administration's push to boost fossil fuel extraction has received a major setback. On March 29, Judge Sharon Gleason of the U.S. District Court for Alaska ruled invalid Trump's order lifting a ban on oil and gas drilling in much of the the Arctic Ocean and along parts of the North Atlantic coast. Gleason held that the relevant law – the 1953 Outer Continental Shelf Lands Act – authorizes presidents to withdraw offshore lands ...

Economists vs. Environmentalists: Time for D├ętente?

by Daniel Farber | April 09, 2019
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 ...

One Stat That May Help Us Understand Why Bay Progress Continues to Lag

by Evan Isaacson | April 08, 2019
The Chesapeake Bay Program has just compiled its annual data assessing progress toward the watershed-wide pollution reduction target under the Bay restoration framework known as the "Bay TMDL." The bottom line is that recent gains in Bay health could soon be eclipsed by the lagging pace of pollution reductions, with the likely result that the region will fall well short of the Bay TMDL 2025 target date to achieve the reductions needed to restore the Bay's health. One of the ...

Shackling EPA Risk Assessment

by Daniel Farber | April 01, 2019
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

by Daniel Farber | March 29, 2019
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

by Sandra Zellmer | March 28, 2019
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 ...

CPR's Cranor Talks PFAS, Drinking Water, and Corporate Accountability

by Brian Gumm | March 27, 2019
Michigan. Minnesota. New Jersey. North Carolina. West Virginia. These are just some of the hotspots of water contamination caused by per- and polyfluoroalkyl substances, better known as PFAS. Linked to a number of cancers and other illnesses, PFAS chemicals have been used in everything from nonstick cookware to stain-resistant clothing and carpets. Until recently, the substances have gone largely unregulated, exposing millions of Americans to toxic contamination. Earlier this month, CPR Member Scholar and UC-Riverside Professor Carl Cranor spoke with ...

Some Recusal Rules of Thumb for Recently Confirmed Judge Rao

by James Goodwin | March 25, 2019
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

by Daniel Farber | March 21, 2019
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'

by James Goodwin | March 19, 2019
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 ...

Declaring a Climate Change Emergency: A Citizen's Guide

by Daniel Farber | March 14, 2019
Originally published on Legal Planet. The possibility of declaring a national emergency to address climate change will probably remain under discussion for the next couple of years, particularly if the courts uphold Trump's "wall" emergency. For that reason, I thought it might be helpful to pull together the series of blog posts I've written on the subject. I want to emphasize three key points at the beginning: Declaring a climate emergency should be off the table if the Supreme Court rules ...

Oversight, Executive Orders, and the Rule of Law

by David Driesen | March 14, 2019
This post is based on a recent article published in the University of Missouri—Kansas City Law Review. Congressional oversight and the public's impeachment discussion tend to focus on deep dark secrets: Did President Trump conspire with the Russians? Did he cheat on his taxes? Did he commit other crimes before becoming president? The House Committee on Oversight and Reform (or the Judiciary Committee), however, should also focus on a more fundamental and less hidden problem: Trump has systematically sought to ...

Why Is Trump Getting the Cold Shoulder from the Car Companies?

by Daniel Farber | March 13, 2019
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 ...

Can the House Save Science from the Trump Purge?

by Laurie Ristino | March 12, 2019
The Democratic majority in the U.S. House of Representatives has a weighty agenda – from policy reform to oversight of the Trump administration. Given all that the House Democrats have on their plate, urging them to restore policy rationality by making the support of science-based policy central to their strategy might seem like a prosaic ask, but it's critically important.   Without science as the lodestar for government policymaking, anything goes, which is exactly the problem. As the Union of ...

Pollution Bursts and Public Health

Farber | Jun 13, 2019 | Environmental Policy

Updates on the War on Science

Farber | Jun 10, 2019 | Environmental Policy

Getting Ready for Conference on Regulation as Social Justice

Goodwin | May 31, 2019 | Regulatory Policy

Trump EPA Hiding Hundreds of Deaths in Plain View

Farber | May 28, 2019 | Environmental Policy

EPA's Partial Retreat on Cost-Benefit Analysis

Goodwin | May 22, 2019 | Regulatory Policy

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