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April 23, 2020 by Darya Minovi

New Report Finds Poultry Industry Contributes 24 Million Pounds of Nitrogen to Chesapeake Bay

On Earth Day, the Environmental Integrity Project (EIP), a CPR ally, released a new report on nitrogen pollution from poultry operations in the Chesapeake Bay watershed. Using data from the Chesapeake Bay Program’s pollution modeling program, EIP found that approximately 24 million pounds of nitrogen pollution from the poultry industry entered the Chesapeake Bay’s tidal waters in 2018. This amount is greater than the total nitrogen from urban and suburban stormwater runoff in Maryland and Virginia combined (20 million pounds in 2018). All that nitrogen pollution can contaminate drinking water sources of nearby communities and feeds huge algal blooms in the Bay that block sunlight, choking off fish and plant life.

Environmental Integrity Project Report: Poultry Pollution in the Chesapeake Region

Nearly two-thirds of the poultry industry’s nitrogen pollution comes from broiler farms that raise chickens for meat. The Delmarva Peninsula — including Dorchester, Somerset, and Wicomico counties in Maryland (which have 220 registered poultry animal feeding operations, or AFOs) — is one of the greatest contributors of nitrogen pollution to the Bay.

The two major sources of nitrogen from poultry operations are airborne ammonia emissions from chicken litter and manure runoff into waterways (each contributing about half of the total nitrogen load to the Bay). Ammonia is a …

April 21, 2020 by Brian Gumm
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On April 17, CPR Board President Rob Verchick joined EPA enforcement chief Susan Bodine and other panelists for an American Bar Association webinar on environmental protections and enforcement during the COVID-19 pandemic. During the event, Bodine expressed "surprise" that the agency's pandemic enforcement policy was so roundly criticized, but she shouldn't have been caught off guard by those critiques.

As Verchick noted during the discussion, "The problem with [weakening monitoring and pollution reporting requirements] is that fenceline communities have no idea where to look. They have no idea if the facilities in their backyards are…taking a holiday from pollution requirements or not."

Verchick added, "Companies don't know what their competitors are doing, and so now you've got companies who might be thinking, oh, well, my competing facilities, maybe they're taking advantage of this and I must, too, because nobody knows who's taking advantage …

April 21, 2020 by Michael C. Duff
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Editor's Note: With COVID-19 cases contracted at work on the rise, labor and employment attorneys, businesses, advocates, and workers are all wondering if their state’s workers’ compensation law will apply, and alternatively, if an ill worker could file a lawsuit against their employer. The answers to these questions are not simple, as workers’ compensation laws vary by state, and when it comes to occupational diseases, the applicability of workers’ comp is often even more complicated.

In a recent post on Workers’ Compensation Law Prof Blog, CPR Member Scholar Michael Duff discusses the so-called workers’ compensation “grand bargain,” under which workers receive no-fault benefits for work-related injuries and illnesses in exchange for giving up their right to file a lawsuit against their employer. In his post, Duff explores the circumstances in which a worker who has contracted COVID-19 at work may still have the right to file …

April 20, 2020 by Katie Tracy
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As the coronavirus pandemic wears on, reports abound of essential frontline workers laboring without such basic protective gear as masks, gloves, soap, or water; with improper distancing between workstations and coworkers; and in workplaces alongside infected colleagues. So far, nearly 4,000 workers have filed complaints with the federal Occupational Safety and Health Administration (OSHA), raising concerns about health and safety conditions inside the workplace. Yet the agency has been largely absent at a time it is most needed.

Shamefully, as COVID-19 illnesses rise in slaughterhouses, grocery stores, hospitals, and other worksites across the nation, the agency has chosen to go against its very mission of protecting America’s workers, ignoring calls to adopt emergency standards and rolling back its enforcement efforts.

Since early March, unions, advocates, and workers have called on OSHA to take immediate action to adopt an emergency temporary standard and subsequent permanent standard …

April 17, 2020 by Daniel Farber
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During the coronavirus crisis, Dr. Anthony Fauci has become the voice of reason. Much of the public turns to him for critical information about public health while even President Trump finds it necessary to listen. In the Trump era, no one plays that role in the environmental arena. The result is a mindless campaign of deregulation that imperils public health and safety.

We can't clone Dr. Fauci or duplicate the unique circumstances that have made his voice so powerful. However, we can do several things that would make it harder for administrations to ignore science:

  • Congress needs to greatly strengthen laws protecting whistleblowers, which currently are much weaker than most people realize.
  • Congress also needs to codify into law the existing rules protecting scientific integrity within administrative agencies. Currently there are merely internal regulations that agencies can ignore.
  • Either …

April 17, 2020 by Matthew Freeman
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Every four years, as presidential elections draw near, the political appointees driving the incumbent administration's regulatory agenda put their feet on the gas, working to cover as much ground as they can before their boss's term is up. It makes no difference whether the current White House occupant is running for reelection or heading off into presidential library-land; they all want to get as much done while they control the steering wheel.

The one thing that usually constrains them, particularly first-termers, is the politics of the moment. Candidates for reelection aren't interested in seeing their agencies promulgate rules that will inflame opposition, and retiring presidents worry a lot about their legacy and aren't so eager to tarnish it with firestorm-inducing midnight regulations. That, at least, has been the norm. But as with so many other things about the Trump administration, standard rules don't apply. And so, we're …

April 16, 2020 by Darya Minovi
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On April 29, the Center for Progressive Reform (CPR) will host a webinar to discuss the public health and policy implications of COVID-19 and to highlight the many policy parallels between the pandemic and climate change. The speakers include:

  • Daniel Farber, JD – CPR Member Scholar and Sho Sato Professor of Law and Director of the Center for Law, Energy, and Environment at the University of California, Berkeley
  • Monica Schoch-Spana, PhD – Senior Scholar with the Johns Hopkins Center for Health Security and Senior Scientist in the Department of Environmental Health & Engineering at the Johns Hopkins Bloomberg School of Public Health
  • Aaron Bernstein, MD, MPH – Director of the Center for Climate, Health, and the Global Environment at the Harvard T.H. Chan School of Public Health, Pediatrician at Boston Children’s Hospital, and Assistant Professor of Pediatrics at Harvard Medical School

While data on COVID-19’s effects continues …

April 15, 2020 by Laurie Ristino
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Americans are experiencing a tidal wave of food insecurity related to the coronavirus pandemic. Historic unemployment claims and surging demand at food banks are laying bare the precarious circumstances of many of our citizens and the inadequacy of our social safety net. We can learn from the coronavirus epidemic--and we must in order to prevent human suffering in the future. Taking stock and then reforming our policies should start now while legislative momentum is possible--not after the country has moved past the apex of the disease.

In a recent episode of the podcast, Good Law/Bad Law, I joined host Aaron Freiwald to discuss the vital connection between the 2018 Farm Bill, the pandemic, and the startling food insecurity so many Americans are now facing. Along the way, we touched on how the current crisis is a harbinger of future food insecurity given climate change and growing …

April 13, 2020 by Thomas McGarity, Wendy Wagner
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Over the last month, the scripts of the daily White House COVID-19 briefings have followed a familiar pattern: President Trump leads off with assurances that the crisis remains “totally under control” and that miracle cures are just around the corner. Then agency experts come to the microphone and tell a very different story.

For example, on March 19, the president reported that the Food and Drug Administration (FDA) “very, very quickly” approved a malaria drug, hydroxychloroquine, for treating COVID-19 that it had previously approved for lupus, malaria, and rheumatoid arthritis. Later in the briefing, Dr. Anthony Fauci, the long-time head of the National Institute for Allergy and Infectious Diseases, cautioned listeners that controlled testing would have to be completed before we know whether the drug works on the novel coronavirus. And FDA later warned that it had definitely not approved hydroxychloroquine for fighting the virus.

The warnings …

April 10, 2020 by Rena Steinzor
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If you were the head of the U.S. Environmental Protection Agency (EPA) as news of the coronavirus pandemic hit, what would you do to implement your mission to protect public health?

The best answer has three parts: first, determine what specific categories of pollution could exacerbate the disease; second, assemble staff experts to develop lists of companies that produce that pollution; and, third, figure out how the federal government could ensure that companies do their best to mitigate emissions.

Rather than take that approach, EPA enforcement chief Susan Bodine issued a memo late last month offering businesses assurance that EPA would overlook certain regulatory violations for the duration of the COVID-19 crisis. Public interest groups, already alarmed by the possibility that regulatory rollbacks at the agency would continue at a relentless pace despite the pandemic, were apoplectic …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Sept. 17, 2020

Pandemic Spawns Dangerous Relaxation of Environmental Regulations

Sept. 16, 2020

The Pandemic's Toll on Science

Sept. 15, 2020

Citizen Suits, Environmental Settlements, and the Constitution: Part II

Sept. 14, 2020

Citizen Suits, Environmental Settlements, and the Constitution: Part I

Sept. 9, 2020

They Can't Breathe!

Sept. 8, 2020

Pandemic's Other Casualty: Expertise

Sept. 3, 2020

It's Time for Maryland to Protect Its Poultry Workers