Toxic Chemicals (2)
This is the second of a series of three posts on toxic chemicals. On Monday, I discussed a recent paper that appraised the shortcomings of the Toxic Substances Control Act (TSCA). Today, I turn to a paper by David Adelman (University of Texas) proposing some reforms. First, Adelman suggests that the U.S. follow the EU example and adopt a tiered system, in which most chemicals receive minimal screening before entering the market, while others receive much more seriou...
CONTINUE READINGWhat’s Really Wrong With TSCA?
As Dan Farber discussed in his recent post, David Markell 's recent paper on TSCA provides some really interesting history. John Applegate has some fascinating pieces on the history and future of TSCA as well--well worth the read also. I thought it was curious that Dan focused on cost-benefit barriers imposed by the courts as being the obstacle to effective risk regulation, though. Clearly that was a problem identified in the Corrosion Proof Fittings (CPF)...
CONTINUE READINGNewsHour Segment: Can Obama Require BP to Form an Escrow Fund?
Steve Yerrid, a Florida trial lawyers, and I discuss this with Ray Suarez on the NewsHour. Bottom line: the answer isn't very clear, although OPA sec. 1005(a) does require BP to establish a process for "the payment or settlement of claims for interim, short-term damages" that might encompass an escrow and independent decision-makers. It will be interesting to see what kind of legal argument the Administration is able to put together in support of their power to manda...
CONTINUE READINGToxic Chemicals (1)
As it happens, I saw three new papers about toxics regulation at about the same time recently. Between the three, they give a clear picture about the U.S. stance on toxic chemicals. I'll discuss the papers in separate posts this week.The first paper, by David Markell of FSU, the Toxic Substances Control Act (TSCA). Supporters had high hopes for TSCA when it was passed over thirty years ago. It was designed to fix regulatory gaps in other statutes. Russell Train...
CONTINUE READINGCalifornia Ocean Science Trust Releases Study Evaluating Alternatives for Decommissioning California’s Offshore Oil and Gas Platforms
Last week, the California Ocean Science Trust released a long-awaited study that synthesizes scientific and legal information to inform policymakers and stakeholders on alternative paths for the decommissioning of California’s offshore oil and gas platforms. 27 of these platforms operate off the coast of California, and eventually all of them will stop producing fossil fuel and will have to be decommissioned. (I serve on the Expert Advisory Committee that has provi...
CONTINUE READINGNew Energy Publications from the National Academy of Sciences
Assessment of Technologies for Improving Light Duty Vehicle Fuel Economy estimates the potential fuel savings and costs for three types of engines: spark-ignition gasoline, compression-ignition diesel, and hybrid. Adapting the full combination of improved technologies in medium and large cars and pickup trucks with spark-ignition engines could reduce fuel consumption by 29 percent at an additional cost of $2,200. The Hidden Costs of Energy defines and evaluates k...
CONTINUE READING“Facing Catastrophe”: A Roadmap to a Safer Future
Rob Verchick’s new book, “Facing Catastrophe: Environmental Action for a Post-Katrina World,” might help avoid future disasters like the Deepsea Horizon blowout. Verchick views wetlands, lakes, forests, and rivers as a kind of infrastructure, providing ecosystem services that are just as important as the services provided by other infrastructure such as roads and dams. For instance, Gulf Coast wetlands provide a buffer against storm surges (protecting not only p...
CONTINUE READINGWhat’s in Your Juice?
NPR reported yesterday about a study by Environmental Law Foundation (ELF) of lead (that's right, lead) in juices and packaged fruits marketed for kids. The group purchased single serving packages of juice and fruits and sent them to an EPA-certified laboratory for testing. According to NPR, the group discovered that "[m]any individual servings of apple juice, grape juice, packaged peaches and pears and fruit cocktail . . . contained lead above the daily limit...
CONTINUE READING“Murky” Resolution Vote
The Senate voted today on Sen. Murkowski's resolution to halt EPA regulation of greenhouse gases. The resolution was defeated by47 to 53. What are we to make of the vote? The resolution was offered under the Congressional Review Act, which provides a fast-track mechanism for Congress to override agency regulations. (The CRA, which was part of the Contract with America in the 1990s, is a substitute for the kinds of "legislative vetoes" that the Supreme Court has f...
CONTINUE READINGReforming the Reforms: Building Safe Alternatives into Safety Standards
Chemical policy reform is heating up at the federal level. Senator Lautenberg has introduced a comprehensive reform bill in the Senate, and Congressmen Rush and Waxman are circulating a discussion draft bill in the House. In their current form, both the Lautenberg bill and the Rush/Waxman discussion draft rely upon risk-based safety standards to protect against toxic chemicals. Although this approach has clear advantages over the existing process under the Toxic Su...
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