http://www.eenews.net/stories/1060048686
As Obama exits, GOP hit list is long and sweeping
Arianna Skibell
January 20, 2017

(edited)

Environmental and regulatory reforms more likely to fly under
President-elect Donald Trump ...  The list includes proactive measures that
would change the way rules are promulgated, reactive regulatory rollbacks,
changes to judicial review, and modifications to bedrock environmental laws
like the Endangered Species Act and Clean Air Act. The list is long.

Regulatory reform

The "Sunshine for Regulatory Decrees and Settlements Act," S. 119, the
"sue-and-settle" bill, would prevent environmental and other groups from
compelling federal agency action through litigation. The measure requires
that consent decrees and settlements be filed only after interested parties
have had a chance to comment. The bill stipulates that 60 days be left
between proposal and filing. Courts would then be required to incorporate
the public comments into their decisionmaking. The bill also makes it
easier for a new administration to petition a court to modify consent
decrees approved during past administrations.

The "Secret Science Reform Act," the latest version of which is still
forthcoming, would fundamentally alter how science is used in crafting
environmental policy. It would require that EPA use only "transparent or
reproducible" science to develop regulations and that such scientific data
be posted online so that they can be scrutinized. Proponents argue that the
legislation simply makes science transparent. Democrats and scores of
scientific organizations say the measure would have a crippling effect.
Rep. Lamar Smith (R-Texas) said the bill would be one of his top priorities
this year.

The new Senate Environment and Public Works Chairman John Barrasso (R-Wyo.)
wants to overhaul the Endangered Species Act, adding to the list of key
Republicans eyeing the landmark law for reforms.

Carcinogens: In 2015, the World Health Organization's International Agency
for Research on Cancer (IARC) declared glyphosate — a key ingredient in
Roundup, marketed by Monsanto Co. — a probable carcinogen, stirring
controversy over the agency's research methods among industry. Then, last
fall, reports surfaced that WHO petitioned its scientists to withhold
documents on the glyphosate study. EPA has since approved the use of the
chemical, infuriating green groups, who are likely to go to court over the
matter (Greenwire, Nov. 2, 2016).

"Safer Choice": EPA developed a program in which companies voluntarily
submit their products to the agency, which confirms that chemicals of
concern are not present. Then, the companies receive permission to use an
EPA-approved label to tout the products' benefits to consumers. The program
has had an impact not only at niche operations but at major corporations
like Wal-Mart Stores Inc. But many manufacturers of chemicals and groups
have pushed back against the program, including the American Chemistry
Council (E&E News PM, April 28, 2016).

The "Lawsuit Abuse Reduction Act," which passed the House last year, would
require monetary sanctions on attorneys who file "baseless" lawsuits in
federal courts. Under the current system, it is up to the judge's
discretion whether or not to impose sanctions. The bill would also make it
impossible for parties and their attorneys to avoid sanctions by
withdrawing frivolous claims within 21 days. Mandatory sanctioning was in
place from 1983 to 1992 but was repealed after it was shown to increase,
rather than decrease, nonmeritorious lawsuits. The American Bar Association
opposed the bill.





-- 

“The wealthy,” Obama claimed last Tuesday night “are paying a fair share of
taxes.” Yes, he actually said that.  Quick, someone go tell Bernie Sanders
that Obama actually said that.

from Paul Street, Hit the Road Barack

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