HOME

ABOUT US

OUR ISSUES

Federal Budget

Information & Access

Nonprofit Advocacy


PRESS ROOM

ACTION CENTER

PUBLICATIONS

THE WATCHER

OUR BLOGS


SIGN UP

Receive news, updates, and alerts!

DONATE

Help support our work


OTHER SITES

FedSpending.org

RTK NET

NPAction

Working Group on Community Right-to-Know

Citizens for Sensible Safeguards

Open the Government

OMB Watch Logo

"[P]eople acting in a group can accomplish things which no individual acting alone could even hope to bring about." - FDR

Home :  Regulatory Policy :  RegWatch : 
RegWatch:     

News & Analysis | REG•WATCH Blog | Press Room

 R    E    G    •    W    A    T    C    H 


Tuesday, November 23, 2004

Of snow jobs and smog
Yet another giveaway of the public interest for corporate special interests. EPA has removed several chemicals from its list of smog-forming volatile organic compounds subject to Clean Air Act regulation. The NRDC has examined the delisting of one of those -- tertiary butyl acetate, or TBAC -- and found that the EPA has distorted basic chemistry and compiled a dubious economics analysis to justify deregulating this chemical that causes ground-level ozone, which is harmful to the lungs. Find out more here.

Posted by Robert Shull, 05:28:18 PM



New Technology Lowers Mercury Emissions by 90 Percent
While EPA continues to argue that a 90 percent reduction in mercury emissions at coal-fired power plants would be infeasible, a Kansas coal-fired power plant successfully lowered mercury emissions by 90 percent, according to the emissions control maker, ADA-ES. The company announced Nov. 18 that a month-long test of activated carbon injection at Sunflower Electric Holcomb Station successfully lowered mercury emissions of Western coal. In previous tests, technology was only able to lower mercury emissions of Western coal by at most 50 percent, while technology has lowered emissions at Eastern coal plants by levels as high as 90 percent. Before the use of activated carbon injection technology, the Kansas facility had achieved reductions of 0 percent to 20 percent, using other methods. The EPA proposal for mercury reduction has focused on cap-and-trade methods, that would have allowed Western coal-burning facilities to buy emissions credits rather than meet higher emission reduction standards that were thought to be unattainable. Now that the technology is feasible, EPA's market-based approach is even more difficult to justify.

Read more about EPA's proposed rule and mercury emissions.



Posted by Genevieve Smith, 03:41:32 PM



Friday, November 12, 2004

Nanofunding, nano-effort
Today's Washington Post reports that EPA is awarding $4 million in grants to study the health and environmental effects of nanomaterials, the tinier than tiny materials that form the basis of nanotechnology.

The nanomaterials pose serious risks:

Measuring three-billionths of an inch or less, they are small enough to enter the lungs and perhaps even be absorbed through the skin. Experiments in animals have shown that once in the body, they can travel to the brain and other organs.
So, the EPA's grants mean that it's doing enough, right?
Scott Walsh, a project manager at Washington-based Environmental Defense, called the EPA grants "a great start" but decried the federal government's failure to invest more in the effort.

"Government is not yet investing enough to ensure that the risks are discovered in the laboratory instead of in our bodies, our back yards and our workplaces," Walsh said. "We're probably $90 million shy of what we need to be spending to do the job right...."

[C]ompared to the federal investment in nanotech's "applications," the investment in the field's "implications" remains far too small, said Hope Shand, research director for ETC Group, an Ottawa-based research and advocacy organization that has called for a moratorium on commercializing nanotech products until governments adopt stricter oversight programs.

"Hundreds of nano products are on the market today, and there is no regulatory oversight to ensure that new manufactured nanomaterials are safe for human health and the environment," Shand said. "The U.S. government is spending nearly a billion dollars per year to promote nanotech. In comparison, EPA's new funding is like a nanodrop in the bucket."

--Rick Weiss, "EPA Backs Nanomaterial Safety Research: Activists Say $4 Million is Far Too Little for Studies," Washington Post, Nov. 12, 2004, at A23.


Posted by Robert Shull, 05:48:29 PM



More Indication that Polluters are Being Let Off the Hook
The Environmental Integrity Project recently released a report showing that civil penalties against polluters are at a 15-year low, with penalties dropping to $56.8 million in 2004 compared to $96 million in 2003. Enforcement of major environmental legislation has declined sharply in the past three years, contributing to the steep decline in civil penalties. Whereas the Department of Justice filed 152 lawsuits in federal courts against polluters in the last three year of the Clinton administration, in the first three years of the Bush administration only 36 such lawsuits were filed. From the report:
  • Enforcement of the Clean Air Act has come to an almost complete stop. Only 9 lawsuits were filed from January 19, 2001 through January 18, 2004, compared to 61 in the three years ending on January 18, 2001.
  • Clean Water Act enforcement has met a similar fate, as lawsuits declined from 56 in the three years ending January 18, 2001, to only 22 in the three years ending January 18, 2004.
  • Only last week, the Washington Post headlined extensive efforts by some water utilities to hide evidence that drinking water standards for lead are not being met. But the Justice Department filed only one civil lawsuit for violation of Safe Drinking Water Act standards in the first three years of the Bush Administration.
  • Lawsuits for violation of federal hazardous waste law (the Resource Conservation and Recovery Act) have dropped from 19 to only 5 over comparable three year time periods.
  • The nation’s largest energy companies (and biggest polluters) seem to be enjoying an extended vacation from enforcement actions. While the Justice Department has continued to litigate the cases it inherited from the previous Administration, it has filed new lawsuits against only three energy companies between January 19, 2001, and January 18 of 2004. That represents almost a 90% percent decline when compared to the twenty-eight lawsuits filed against power companies, oil companies, and pipelines in the three years before the Bush Administration took office. While refineries and coal-fired power plants appear virtually immune from prosecution, the Justice Department did find time to take a dry cleaner to federal court for failure to pay an administrative penalty.
  • Enforcement has dwindled even where the Agency has clear evidence of serious and ongoing violations of environmental law. EPA has referred fourteen Clean Air Act cases against power plants to the Justice Department with a recommendation that a complaint be filed. But these and other enforcement actions have been stopped at the political level, because they involve violations of “New Source Review” regulations the Administration has sought to undo.

Environmental Integrity Project, Polluters Breathe Easier-Environmental Court Action Declines, October 12, 2004



Posted by Genevieve Smith, 04:55:56 PM



What Bush means for the environment
Be sure to check out this excellent report on the prospect of further Bush administration rollbacks of the environment. Unlike most press coverage, this story goes the extra step and addresses how the Bush administration can have far-reaching consequences not just through rollbacks of individual rules but also through broadly applicable technical policies, such as cost-benefit analysis.

Posted by Robert Shull, 12:42:11 PM



Monday, November 08, 2004

The coming attacks on the environment
Don't miss the New York Times's coverage of the administration and GOP Congress's plans for weakening and dismantling environmental policy. The article identifies several specific targets:
  1. Weakening air pollution controls. "The administration initiative known as Clear Skies, which generated lukewarm support in Congress during Mr. Bush's first term, is about to come out of mothballs.*** Clear Skies establishes lower emission standards for pollutants like nitrogen oxide, sulfur dioxide and mercury, but environmental groups complain that it does not reduce them as much or as soon as levels set forth in a competing bill or by enforcement of the Clean Air Act."
  2. Allowing global warming. "For now, the Bush administration has no intention of regulating the heat-trapping gases, like carbon dioxide, which scientists believe contribute to global warming."
  3. Eviscerating the Endangered Species Act. "A top priority of powerful Congressional Republicans is the 31-year-old Endangered Species Act. Representative Richard W. Pombo of California, chairman of the Committee on Resources, has made efforts to raise the hurdles that scientists must clear to ensure a government determination that a species is endangered and cut back the amount of critical habitat required. Habitat designations pave the way for land use controls."
  4. Destroying public lands for oil and gas drilling. "The energy bill will pass, [Richard W. Pombo (R-CA)] said, adding that any bill produced in the House would open 2,000 acres of the Arctic National Wildlife Refuge for energy exploration.*** Several pending actions to open up wild areas of the West to energy development could be made final in the coming weeks, touching on areas like Roan Plateau in Colorado and Otero Mesa in New Mexico."
  5. Disrupting ocean ecosystems. "[Another] priority, Mr. Pombo said, is a package of legislation dealing with ocean resources, including issues like the controls appropriate for commercial and sport fisheries, the protection of endangered marine mammals and the mandate of the National Oceanographic and Atmospheric Administration."
See Felicity Barringer & Michael Janofsky, "Republicans Plan to Give Environment Rules a Free-Market Twist," N.Y. Times, Nov. 8, 2004, at A14.


Posted by Robert Shull, 07:09:53 PM



Thursday, November 04, 2004

Healthy forests policy: wrong cure for this disease
The Bush administration's plan to allow loggers into national forests and "thin" the growth was from the get-go an obvious use of a real problem (forest fires) in order to give away the nation's resources to industry interests. Now here's some evidence that an unaddressed environmental problem -- global warming -- may be to blame instead of overgrowth:

The raging Western wildfires of recent years have often been blamed on management practices that promoted dense, overpacked forests. But a new study indicates global warming may be the main culprit.

Challenging the conventional wisdom that today's severe wildfires are unnatural and unprecedented, researchers have found that parts of the West experienced destructive blazes during a warm, drought-plagued period in the Middle Ages.

The linkage suggests that as the climate warms, damaging wildfires will continue to strike the West. "If we are just at the beginning of dramatic warming … we can simply expect larger, more severe fires," said Grant A. Meyer, a co-author of the study, published in today's journal Nature.

--from Bettina Boxall, "West's Wildfires Linked to Global Warming," L.A. Times, Nov. 4, 2004


Posted by Robert Shull, 04:09:52 PM



U.S. Resists Global Warming Policy

The Washington Post reported today on the Bush administration's efforts to suppress the conclusions of an eight-nation report that endorses broad policies aimed at mitigating global warming. The 1,200 page report, leaked to reporters last week, chronicles historic increases in Arctic temperatures due in part to human-generated greenhouse gas emissions. The State Department argued that the report, which represents the work of over 300 scientists, "lacks the evidence to prepare detailed policy proposals," according to the Post.

An early draft of the policy statement -- which is set to be issued two weeks after the 144-page scientific overview is released Monday -- included a paragraph saying that to achieve the goals set under a 1992 international climate change treaty known as the Rio Accord, the "Arctic Council urges the member states to individually and when appropriate, jointly, adopt climate change strategies across relevant sectors. These strategies should aim at the reduction of the emission of greenhouse gases."

The administration has pushed to drop that section. As one senior State Department official who asked not to be identified put it, "We're bound by the administration's position. We're not going to make global climate policy at the Arctic Council."

And what's at stake if the U.S. government doesn't seek to curb global-warming?

Those changes are already having practical impacts, including a reduction in the number of days each year that the tundra is hard enough to be driven on or drilled safely for oil. They can be expected to have even greater impact in the near future, the report predicts, in terms of agriculture, wildlife ranges for terrestrial and marine plants and animals, and global shoreline flooding because of increases in sea level caused by melting ice.

Read both Washington Post articles: Juliet Eilperin and Rick Weiss, Report Sounds Alarm on the Pace of Global Climate Change Oct. 31, 2004 page A08; Juliet Eilperin, U.S. Wants No Warming Proposal Washington Nov. 4, 2004 page A13.



Posted by Genevieve Smith, 04:07:42 PM



Tuesday, November 02, 2004

The pattern of failure has a timeline
The Bush administration's pattern of failure to use regulatory policy in the public interest has been spelled out in a timeline, by the good folks over at In These Times magazine. Check it out!

Posted by Robert Shull, 11:23:13 AM




Latest Entries by Theme

All Themes

Enforcement

About This Blog

Rollbacks

Safety

Industry Influence

Cost-Benefit Analysis

In Congress

Publications

Consumer Issues

Environment

Public Health

In the Courts

Oversight

In the White House

Most Recent Entries for RegWatch

Bush Strips Employee Rights with Last-Minute Order

White House Still Working to Thwart GHG Regulation

Endangered Species Rule Sealing Bush Legacy on Warming

Bush Administration Politicos Will Stick Around

Rules of the Road: DOT Puts Truck Drivers and Motorists at Risk

Last-Minute Rule Allows More Dirty Oil Production

Recommendations on Regulatory Reform for the Next President and Congress

Bush Handing over Wilderness to Oil and Gas Industry

New Rule Likely to Cut Health Care for the Poor

For High Court, High Stakes Case on Preemption

Archived Entries for Environment

November

October

September

August

July

June

May

April

March

February

January

December, 2007

November, 2007

October, 2007

September, 2007

August, 2007

July, 2007

June, 2007

May, 2007

April, 2007

March, 2007

February, 2007

January, 2007

December, 2006

November, 2006

October, 2006

September, 2006

August, 2006

June, 2006

May, 2006

April, 2006

March, 2006

February, 2006

January, 2006

December, 2005

November, 2005

October, 2005

September, 2005

August, 2005

July, 2005

June, 2005

May, 2005

April, 2005

March, 2005

February, 2005

January, 2005

December, 2004

November, 2004

October, 2004

September, 2004