New Executive Order Ignores the Mission of Federal Regulatory Agencies

A new executive order, "Identifying and Reducing Regulatory Burdens," was issued yesterday, focusing exclusively on reducing the costs of regulations to businesses. This is the latest in a series of "aggressive efforts" to reform the regulatory system by cutting these costs.

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New Poll Shows Small Business Owners Support Environmental Standards, Want Government Investments in Clean Energy

A new poll released April 24 by the Small Business Majority found that small business owners strongly support both government investments in clean energy and environmental standards that limit air emissions from power plants. The poll shows once again that small business owners believe standards and investments would drive innovation, create jobs, make our air cleaner, and protect Americans' health.

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Coal Ash Limbo: Groups File Lawsuit to Move EPA While Congress Moves to Restrict Agency Authority

Last week, a coalition of environmental and public health groups filed a lawsuit to compel the U.S. Environmental Protection Agency (EPA) to regulate the waste created when coal is burned (commonly known as coal ash). Coal ash is disposed of in almost every state, and areas near disposal sites can face increased risks of cancer and other diseases caused by drinking water contamination and exposure to toxins. The suit calls for EPA to set a deadline to adopt federal coal ash protections.

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Supreme Court Rules Against EPA in Wetlands Enforcement Case

The U.S. Supreme Court last Wednesday ruled against the U.S. Environmental Protection Agency (EPA) in a decision that will affect clean water enforcement throughout the country and could impact a range of agency enforcement programs. The Supreme Court held that parties can challenge what are known as administrative compliance orders issued under the Clean Water Act (CWA). These are orders the agency issues to ensure environmental standards are complied with before enforcement actions are initiated in court. The Court’s decision could deter EPA from issuing voluntary compliance orders under the CWA because of the potential increase in legal challenges.

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Transportation Bill Amendments Would Impact Americans' Health, Environment

T­­oday, the Sena­­te will move forward with votes on transportation legislation that could affect Americans' health and the environment. Several amendments to the bill target two issues – the Keystone XL pipeline and the EPA 's lifesaving boiler rule, which limits hazardous air pollution from boilers and process heaters at industrial facilities.

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New Poll Shows Small Business Owners Value Regulation, Name Weak Demand as the Primary Obstacle to Job Creation

In a new national poll commissioned by the American Sustainable Business Council, Main Street Alliance, and Small Business Majority, small business owners named weak customer demand, not standards and safeguards, as the most important problem facing their businesses right now. In fact, a majority of the small business owners surveyed agreed that fair, effective regulation of business is necessary to ensure competitiveness and fairness in a modern global economy. Small business owners also support policies that ensure environmental health, food safety, and worker protection for customers and communities. The results show that small businesses want real solutions to actual problems, not more anti-regulatory rhetoric from policymakers.

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Coal Ash Spill in Lake Michigan Heats Up the Debate over Public Protections

On Oct. 31, a landslide at the Wisconsin-based We Energies Oak Creek Power Plant sent piles of coal ash, along with dredging equipment and debris, into Lake Michigan. Thankfully, there were no injuries, but the incident is reminiscent of the disastrous 2008 coal ash spill in Kingston, TN – where a failed impoundment released 5.4 million cubic yards of coal ash that buried a community and severely contaminated a nearby river – and raises concerns about how to regulate the storage and disposal of coal ash.

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OIRA Issues Implementation Memo on Retrospective Review Process

A memorandum issued Oct. 26 by the Administrator of the Office of Information and Regulatory Affairs (OIRA), Cass Sunstein, instructs federal agencies to submit reports on the implementation of their retrospective review plans for periodically evaluating existing rules. The plans were required by President Obama's Jan. 18 Executive Order 13563, "Improving Regulation and Regulatory Review" (E.O. 13563), and thus far in the process, agencies have largely managed to keep their focus on their main mandate: protecting the public.

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FDA Investigation Reveals Likely Causes of Listeria Outbreak

In the Oct. 12 edition of The Watcher, we highlighted the multi-state listeriosis outbreak as an example of the high stakes of food safety regulation. Linked to cantaloupes from Colorado-based Jensen Farms, the deadliest foodborne disease outbreak in a decade has now killed 25 people. This week, the U.S. Food and Drug Administration (FDA) released a report from an investigation conducted in conjunction with the Centers for Disease Control and Prevention (CDC) that reveals some of the factors potentially contributing to the listeria contamination.

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House Coal Ash Bill Is a Threat to Public Health

The House passed by a vote of 267-144 the Coal Residuals Reuse and Management Act (H.R. 2273), which would require the U.S. Environmental Protection Agency (EPA) to defer to states with respect to the regulation of coal combustion residuals, or coal ash, and limit federal oversight. The problem with leaving the regulation of coal ash to the states is that most do not have standards in place to protect against the dangers of uncontrolled coal ash, according to an August report from Earthjustice and the Appalachian Mountain Advocates.

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