CPR Perspective: The Takings Clause of the Fifth Amendment
CPR Perspective: 'The Takings Clause of the Fifth Amendment,' by Bill Funk. CPR's Perspectives Series is a set of monographs by CPR Member Scholars on timely and important health, safety, and environmental topics. Each Perspective provides a thumbnail sketch of the competing arguments concerning a substantive or procedural principle for developing appropriate health, safety and environmental policies, and closes with the Member Scholar-author's proposed approach to the issue.
Author(s): Bill Funk
Maryland Water Standards a Quarter Century Late and Counting
On the Center for American Progress website, Rena Steinzor writes that Maryland's Department is moving "ever so glacially toward developing enforceable standards for a key provision of the Clean Water Act."
Author(s): Rena Steinzor
States Fail to Ensure Water Quality
Clifford Rechtschaffen, writing on the Center for American Progress website: "The federal government relies in great measure on state agencies to enforce many of the key provisions of the Clean Water Act, including the National Pollutant Discharge Elimination System (NPDES), a system by which polluters are issued permits to emit specific quantities of pollution into waterways. The sorry truth is that the system doesn't work very well, and enforcement of NPDES provisions is inadequate. That's the conclusion I'm forced to draw from a survey of state environmental protection agencies I conducted earlier this year."
Author(s): Clifford Rechtschaffen
Tort Law, Texas Style
On the Center for American Progress website, Douglas Kysar writes that "Conservative lawmakers and right-wing policy institutes would have us believe that one of the most pressing issues facing the nation today is the problem of 'regulation through litigation.' Across the country, power-hungry officials are said to be conspiring with greedy lawyers and activist judges to pursue regulatory agendas that have not, or could not, be successfully achieved through legislative channels. Given this relentless conservative refrain, it was surprising to learn that the latest example of 'regulation through litigation' was launched by Cornyn's successor as Texas state attorney general, Greg Abbott...."
Author(s): Douglas Kysar
Regulatory Underkill: The Bush Administration's Insidious Dismantling of Public Health and Environmental Protections
Regulatory Underkill: The Bush Administration's Insidious Dismantling of Public Health and Environmental Protections, by William Buzbee, Robert Glicksman, Sidney Shapiro, and Karen Sokol. White Paper 406, October 2004.
Author(s): William Buzbee, Robert Glicksman, Sidney Shapiro, Karen Sokol
Responsible Regulation Sabotaged
Writing on the Center for American Progress website, Sophisticated Sabotage authors Sidney Shapiro and Thomas McGarity observe that because landmark environmental, health and safety laws are broadly supported by the public, "polluting industries have sought to stymie regulation in ways that hide their efforts."
Author(s): Sidney Shapiro, Thomas McGarity
Comments on Volatile Organic Compounds in paint, responding to industry Information Quality Act request
CPR's Sidney Shapiro and Rena Steinzor's August 3, 2004 response to the paint industry's Information Quality Act challenge to state rules on volatile organic compounds (VOCs) in paint: "Wrong in principle, wrong on the law, and wrong on the facts."
Author(s): Sidney Shapiro, Rena Steinzor, Margaret Giblin
A New Progressive Agenda for Public Health and the Environment
Over the last quarter century, much of the focus of federal regulatory policy in the areas of health, safety, and the environment has been gradually redirected away from protecting Americans against various harms and toward protecting corporate interests from the plain meaning of protective statutes. This book delivers precisely what its title promises, a re-imagining of federal policy in these areas, with particular focus on the regulatory process. It identifies the failings of the current approach to regulation and proposes innovative, straightforward, and practical solutions for the 21st Century. The 2004, A New Progressive Agenda for Public Health and the Environment, was a seminal collaboration among the Member Scholars of the Center for Progressive Reform (then called the Center for Progressive Regulation).
Author(s): Rena Steinzor, Christopher Schroeder
Try Not to Breathe!
Writing on AlterNet, Catherine O'Neill observes that " Scant attention has been given to the Bush administration's embrace of risk avoidance as the supposed 'solution' to public health hazards and environmental contamination." She makes the case that the burden to avoid unhealthy exposure to pollution should not fall on individuals, but rather on polluters -- but someone needs to explain that to the Bush administration.
Author(s): Catherine O'Neill