Trump Speech on Deregulation, Fall Unified Agenda Continue Dangerous Assault on Our Safeguards
This post was originally released as a press statement on December 14 in response to President Donald Trump's speech on deregulation and his administration's Fall 2017 Unified Agenda.
Starting on Day One, the Trump administration has perpetrated an all-out assault on essential public safeguards for health, safety, the environment, and American families' financial security, and today, the president took the time to revel in all the damage he has overseen. The administration's anti-safeguard agenda for the coming year promises more of the same.
For the president, this is about helping big-monied interests make more money. For everyday Americans, it's about making sure our kids can breathe clean air and drink clean water, saving for retirement, keeping workplaces safe, protecting our natural treasures, and warding off the worst effects of climate change.
In his remarks today, President Trump included a lot of numbers. Here are some numbers he conveniently left out. Twenty-five percent. That's the increased likelihood of birth defects for babies born near fracking sites, as revealed in research published just yesterday. Or how about 20? That was the number of children shot to death at Sandy Hook Elementary School on this day five years ago. Included among the Trump administration's assault on our safeguards were the elimination of common-sense measures to address just these kinds of threats of harm to public health, safety, environmental protection, and individual financial security.
Make no mistake, the Trump administration's anti-safeguards agenda
Bay Journal Op-Ed: Bay Jurisdictions' No-action Climate Policy Puts Restoration in Peril
This op-ed originally ran in the Bay Journal. Reprinted with permission. Despite research demonstrating that climate change is adding millions of pounds of nutrient pollution to the Chesapeake Bay, Maryland Gov. Larry Hogan and his Bay states colleagues appear to be taking a page from the Trump playbook: Ignore this inconvenient truth. Doubts about whether climate change is caused by humans and threatens the planet are rapidly going the way of urban legend. Just ask any resident of Puerto Rico, the
Reno Gazette-Journal Op-Ed: Don’t Toss Out Cooperation in the West’s Sage Country
by Dan Rohlf | December 12, 2017
This op-ed originally ran in the Reno Gazette-Journal. During the holiday season, many people put significant effort into plans for getting along with one another at family gatherings. Seating plans are carefully strategized and touchy subjects avoided. We’ve learned that enjoying our shared holiday demands that we all compromise a little. Plans for cooperation in managing the vast shrub-steppe plains of the American West – including thousands of acres in Nevada – are no different. A few years ago, conflict
Looking Back on Lucas
Lucas v. South Carolina Coastal Commission was the high-water mark of the Supreme Court's expansion of the takings clause, which makes it unconstitutional for the government to take private property without compensation. Lucas epitomized the late Justice Scalia's crusade to limit government regulation of property. The decision left environmentalists and regulators quaking in their boots, especially because of its possible impact on protection for wetlands and habitat for endangered species. Ultimately, however, Scalia failed to make a compelling case for
Clean Water Laws Need to Catch Up with Science
The field of environmental law often involves tangential explorations of scientific concepts. Lately, one scientific term – hydrologic connectivity – seems to keep finding its way into much of my work. As for many others, this principle of hydrology became familiar to me thanks to its place at the center of one of the biggest fights in the history of environmental law, spilling onto the front pages and into the public consciousness. Over the last several decades, a pair of
More Thoughts on the CFPB Puzzle: President Trump Can Select Someone to Run the CFPB Only if the Senate Has an Opportunity to Confirm
Originally posted at Notice & Comment, a blog of the Yale Journal on Regulation and the American Bar Association Section of Administrative Law & Regulatory Practice. Reprinted with permission. On Friday, November 24, Consumer Financial Protection Bureau Director Richard Cordray named Leandra English, the longtime CFPB Chief of Staff, to the post of Deputy Director. Based on legislation specific to the CFPB, that put her in a position to serve as Acting Director upon his departure. Cordray then resigned. A few
An Antidote to Greed
If there's a defining value to the tax bill now working its way through Congress, it's greed. How else to account for a bill that wipes out tax deductions for health care expenses, double-taxes the money you pay in state and local income taxes, eliminates the deduction for interest on student loans, and at the same time eliminates the tax that's now paid on estates in excess of $5.5 million, eliminates the alternative minimum tax, and slashes corporate taxes, all
North Carolina v. Chemours: Early Reflections on an Ongoing State Environmental Enforcement Case
by Joel Mintz | November 27, 2017
The Trump EPA's shrinking commitment to enforcement of the nation's environmental laws has focused new attention on state-level enforcement and the extent to which it does or does not address problems of environmental pollution and threats to public health. One recent – and ongoing – controversy, involving toxic chemical contamination of a river in North Carolina by a large and profitable corporation, provides some insights into both the promise and the shortcomings of state environmental law enforcement. It also sheds
Beyond the Dinner Table -- U.S. Poultry Plant Workers at Risk
by Katie Tracy | November 20, 2017
On Thanksgiving Day, families across the country will sit down for huge feasts, filling their bellies with turkey, stuffing, mashed potatoes, and lots of gravy. My mouth is watering just writing about it. In many households, it's tradition for each person at the table to say what they're thankful for and express their appreciation for the meal in front of them. But when it comes to that delicious meal, we often overlook the workers inside the poultry slaughter facilities and
How Tax 'Reform' Impacts the Bay -- and Everything Else
Everyone should be paying attention to the tax "reform" bills making their way through Congress. Whether you are a concerned citizen, a volunteer activist, or a career advocate, chances are the tax legislation will do much more than increase or lower your tax bill. Much of the mainstream media and financial press, along with some public finance scholars and think tanks, are doing a thorough job of explaining what the tax bills will mean for the rich and the middle
New Report: Toxic Industrial Stormwater Widespread, Maryland Enforcement Seldom Seen
Those who take public safeguards seriously are well aware of the potential consequences that arise from the dangerous combination of poorly written pollution permits and lax – even absent – enforcement. From construction sites with failing erosion and sediment controls to ammonia and bacteria-spewing concentrated animal feeding operations, our waterways, their users, and vulnerable populations in the pathway of pollution suffer the consequences. Starting today, we add industrial stormwater to the ignoble list of poorly regulated sources of environmental pollution
CPR Member Scholar Hammond Brings a Real EPA 'Back to Basics' Lesson to Senate
Today, CPR Member Scholar Emily Hammond is testifying at a Senate subcommittee hearing that will examine four bills that amount to "rifle shot" attacks on the Clean Air Act's public health and environmental protections. Hammond's testimony before the Subcommittee on Clean Air and Nuclear Safety of the Senate Environment and Public Works Committee casts in powerful terms what is at stake with these bills, highlighting how they contribute to the Trump administration's own assault on public safeguards. She also explains
Is EPA Administrator Scott Pruitt Focused on Getting 'Back to Basics' or Slashing and Burning Our Environmental Protections?
by Brian Gumm | November 06, 2017
In an article just published in the Environmental Law Institute's Environmental Law Reporter, former Environmental Protection Agency (EPA) official Bob Sussman examines the tenure of Administrator Scott Pruitt thus far. I recently talked with Mr. Sussman about Pruitt's so-called "back to basics" approach at EPA, the rollbacks of environmental protections he has overseen so far, and Pruitt's numerous favors for special interests. EPA Administrator Scott Pruitt has made a big deal out of his "back to basics" mantra at the
Questions for Scott Mugno, Trump's Pick to Lead OSHA
by Katie Tracy | November 02, 2017
Scott Mugno, Vice President for Safety, Sustainability, and Vehicle Maintenance at Fed Ex Ground in Pittsburgh, Pennsylvania, is President Trump's pick to head the Occupational Safety and Health Administration (OSHA). Although whispers of Mugno's possible nomination had spread across Washington, D.C., over the past several months, not much has been said about his credentials for the job. One major concern is Mugno's connection to the notoriously anti-regulatory U.S. Chamber of Commerce, for which he is currently the chairman of the
The Hill Op-Ed: Trump Administration's Clean Power Plan Repeal Proposal Is Illegal
This op-ed originally ran in The Hill. The Trump administration's efforts to sidestep finalized regulations through stays or delays have so far met with judicial rejection in three straight decisions. As these courts have concluded, such a deregulatory strategy violates settled law that administrative agencies are bound by their own finalized regulations until they undo them through a new full rulemaking process. Environmental Protection Agency Administrator Scott Pruitt last week published a proposal to repeal the Obama administration's Clean Power Plan
CPR Launches New Database on State Prosecutions of Crimes against Workers
Too often, workplace injuries and deaths result from company policies and practices that encourage and reward unacceptably risky behavior under the false pretense that cutting corners is standard practice and no one will get hurt. As a result, an average of 13 Americans are killed on the job every day, and many more are seriously injured. In many cases, these tragedies and the grave pain they impose on the victims' families, friends, and communities are preventable with basic safety measures.
At House Oversight Hearing, A Call for Trump to Abandon the Pillars of His Assault on Safeguards
Today, I will testify before two subcommittees of the House Oversight Committee at a hearing that I hope will provide a critical examination of the Trump administration's so-called "Regulatory Reform Task Forces." Created by Trump's Executive Order 13777, these task forces are essentially designed to be "hit squads" embedded at each agency with the goal of carrying out the Trump administration's assault on public safeguards from within. In my testimony, I provide a comprehensive critique of the task forces, as
The Flood of Takings Cases after Hurricane Harvey
On August 27, as Hurricane Harvey blew through the Houston area, the U.S. Army Corps of Engineers found itself between the proverbial rock and hard place. Since the 1940s, it had operated a flood control project to control the risk of flood damage to downtown Houston and the Houston Ship Channel. It had accomplished this by carefully controlling the release of flood waters from the project's dams. Now, however, the Corps confronted Hurricane Harvey, a megastorm generating massive, unprecedented volumes