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“An Indictment Of The ‘Pay-To-Play’ Political System”: Did the Chemical Industry Write Its Own Oversight Legislation?

For an instructive example of how unfettered money in politics corrupts the legislative process, consider a chemical-safety bill under deliberation in the Senate.

The legislation, sponsored by Louisiana Republican David Vitter and New Mexico Democrat Tom Udall, would reform the 1976 Toxic Substances Control Act (TSCA), which the chemical industry and environmental and public health advocates alike say is severely outdated. In the absence of solid federal protection from the roughly 1,000 chemicals that the Environmental Protection Agency judges as potential health hazards, more than half the states have picked up the slack by putting their own regulations in place. The bill’s opponents warn it would undermine these state laws, without strengthening the EPA’s oversight powers enough to compensate. Unsurprisingly, the proposed overhaul has the “unequivocal support” of the chemical industry.

One of the bill’s chief critics is Barbara Boxer, the ranking Democrat on the Environment and Public Works Committee. Boxer, who has introduced a competing bill with stronger consumer protections, has been highly critical of the role chemical companies have played in the development of the Udall-Vitter legislation. “I’ve been around the Senate for a long time, but I have never before seen so much heavy-handed, big-spending lobbying on any issue,” Boxer was quoted saying in a New York Times article in early March. “To me it looks like the chemical industry itself is writing this bill.”

Boxer may have been right to question its authorship. Early in the week Hearst Newspapers got its hands on a draft version that was circulated by Udall’s office in anticipation of a committee hearing on Wednesday. Someone at Hearst checked the authoring information contained in the Word document—and found that it originated with the American Chemistry Council, the “leading trade organization and lobbyist for the chemical industry.”

Although Udall has a strong environmental record, he’s become cozy with ACC and other industry groups over the two years he’s spent working on the TSCA overhaul, as the same Times article revealed. He has raised “tens of thousands” of dollars from chemical interests, and the ACC even ran a television ad on his behalf. “The leadership he is providing is absolutely critical,” the group’s president and lobbyist Cal Dooley told the Times. Udall and the other sixteen cosponsors of his legislation received, on average, about 70 percent more from chemical companies than other senators.

Udall’s office and ACC insist the digital link between the document and the lobby group indicates only that after Udall’s office circulated the draft to stakeholders, someone at ACC saved a version and sent it back to the senator’s staff. But the Environmental Working Group, one of the bill’s chief opponents, and Boxer’s office told the SF Gate the draft version they received had the same authoring information.

Even if the bill didn’t fully originate with ACC, it’s clear that the chemical industry—which has a financial incentive to keep regulations loose—has left its mark on the Udall-Vitter legislation. The bill would bar states from regulating a chemical once the EPA designates it as “high priority” for assessment, a process that can take up to seven years. It requires the EPA to start reviewing a minimum of twenty-five chemicals within five years, but at that rate, it could be centuries before the agency got through the 1,000 chemicals it says need assessment. (To make matters worse, the underfunded EPA is known for missing deadlines.) To date the EPA has only ever banned five chemicals, and mandated testing on a mere 200 of the 80,000 in use in the United States.

Consumer advocates worry that if the bill passes, protections already in place would be completely undone while the EPA proceeds to examine only a small number of chemicals at a glacial pace. A number of organizations including Physicians for Social Responsibility, the Natural Resources Defense Council, United Steelworkers and the Breast Cancer Fund, along with eight state attorneys general, have pointed out these and other serious flaws. Some, like the Environmental Working Group, consider it worse than the existing regulatory framework; EWG says it “fail[s] to ensure that chemicals are safe, fail[s] to set meaningful deadlines for safety reviews, fail[s] to provide EPA with adequate resources and [denies] states the ability to protect public health and the environment.”

Nevertheless, in a sign of how broken the 1976 law is—the oft-repeated example is that it doesn’t even allow the EPA to ban asbestos—other health and environmental groups support the bill anyway. Anything stronger, they say, and it will lose Republican support, making it impossible to pass. “I don’t want to be facing another Senate committee twenty years from now, testifying about a sixty-year-old law. Nor do I want have to tell my daughter that she and her future children will not have a greater level of protection because we failed to pass a good, even if not perfect, law,” Lynn Goldman, a professor of environmental health at George Washington University, testified before the Senate committee on Wednesday.

It may be true that a bill that truly protects consumers from harmful chemicals can’t pass Congress in its current form. But that’s a stone that shouldn’t be cast against advocates for something better than the Udall-Vitter compromise. It’s an indictment of the pay-to-play political system and the legislators who gamely reward their corporate sponsors.

 

By: Zoe Carpenter, The Nation, March 19, 2015

March 20, 2015 Posted by | Chemical Industry, Environmental Protection Agency | , , , , , , | Leave a comment

“Cowering Before A Few Rotting Corn Stalks”: Scott Walker, The Gutless Wonder Of The 2016 Presidential Race

Sometimes the most inside-baseball political stories tell you something essential about a presidential candidate. That’s what happened this week to Wisconsin Gov. Scott Walker, who apparently wants to win the Iowa caucuses so badly that he’s willing to torch his staff and his reputation to do it.

The Walker campaign recently announced that it had hired Liz Mair, a highly regarded Republican consultant. Mair has also played pundit at times, and is generally more pro-gay rights and pro-immigration than the average Republican. But that’s typical of Republican consultants in general. It is assumed that policy is set by the candidates themselves, not by the people advising them on their social media accounts.

However, Mair’s hiring was subject to an unusual amount of scrutiny. Muckrakers on the right pointed out that Mair supported “amnesty” for immigrants who had entered the country illegally, or something like it. The Des Moines Register ran an article highlighting some sharp remarks Mair had made about Iowa’s distorting influence on national politics, with its first-in-the-nation status forcing candidates to embrace Iowa’s agricultural subsidies and a federal mandate that requires fuel-inefficient ethanol to be mixed with all gasoline. And finally, Jeff Kauffman, Iowa’s GOP chairman, suggested to The New York Times that Walker should give Mair “her walking papers.”

Mair was gone. Officially, she resigned.

Forcing Mair out was like amputating your finger to deal with a paper cut. Instead of having a problem with a few Iowans and a writer at Breitbart.com, Walker has now baffled his admirers across the right. Mair’s resignation signaled that Walker’s team either didn’t do its homework before hiring Mair, or that it was too spineless to defend her. It is hard to believe the former, since Mair consulted for Walker before during his 2012 recall.

Walker’s unwillingness to defend his own hire will give other consultants and policy experts jitters before joining the team. It totally undercuts his reputation as a tough-minded fighter who stands on principle. And it may contribute to an alternate interpretation of Walker as a ‘fraidy cat. Earlier this month, Walker caved to Iowa ethanol interests by reversing his position on the federal mandate.

The problem, in other words, wasn’t the tweets of a single staffer, but the way Iowa’s parochial concerns act like kryptonite on Walker’s convictions and reputation. He can certainly recover from this, but if Walker thinks his path to the nomination runs through Iowa, he needs to figure out how to win that state’s caucuses without turning into Tom Vilsack before he arrives in Nashua, New Hampshire.

Walker’s approach also contrasts badly with Jeb Bush’s. Bush has been hiring policy brains and strategic brawn from across the right and center-right. He recently hired the social conservative legal activist Jordan Sekulow. Jordan is the son of Jay Sekulow, a pioneer in forming the modern right’s commitment to religious liberty issues at home. The hire was not well-received in the media. It was described as a “lurch to the right.” A number of stories bringing up Jordan Sekulow’s support for anti-gay rights laws in Africa popped up across the media.

Did Bush panic and throw Sekulow under the bus? Nope. He assumes, correctly, that adults won’t confuse the positions of one of his hires with his own. And as it happens, having people who disagree with you on staff is incredibly useful.

If you were a top expert, a policy-thinker, or a consultant, which candidate would you want to work for? The guy who tosses his people out on the say-so of an Iowa Republican whose name he had just learned, or Jeb Bush, who doesn’t give a jus exclusivæ to his enemies?

How would Walker handle a tough Supreme Court nomination battle against a united Democratic Senate, if he folds instantly after some whinging from a right-wing muckraker? Until this week, Walker supporters could have pointed to his white-knuckle fight with Wisconsin’s public-sector unions. Now his critics can point to the way he cowers before a few rotting corn stalks.

 

By: Michael Brendan Dougherty, The Week, March 19, 2015

March 20, 2015 Posted by | GOP Presidential Candidates, Iowa Caucuses, Scott Walker | , , , , , , | Leave a comment

“A Clear Stake In The Issue”: The Media Is Obsessed With Hillary’s Emails Because The Media Is Obsessed With Stories About Itself

That the email controversy surrounding Hillary Clinton is still raging after nearly two weeks has awakened in Democrats a familiar dread. Nobody expected Republicans to give Clinton an easy time, but some of her supporters clearly hoped that time and experience had changed the way the press would adjudicate scandal accusations, or at least had diluted old suspicions so that the Clintons, their political enemies, and the media wouldn’t combine to form such a toxic brew.

As TPM’s Josh Marshall wrote, “the email story is shaping up to be another classic Clinton scandal. On the merits, the hyperventilation seems way out ahead of the actual facts…. And yet here we are againwith an almost infinite, process-driven scandal that can easily continue on into a Clinton presidency, if there is one…. Always a dance, always drama.”

The ingredients of this particular drama lend themselves to unending innuendo and recrimination. Clinton and her lawyers controlled all of her State Department–era emails, decided amongst themselves which to hand over to the government, and will presumably resist all GOP efforts to peek into the remainder, assuming they’re still retrievable. Republicans can thus whip the paranoid/birther contingent of their coalition into a state of permanent suspicion by projecting whatever malfeasance they want on to the missing emails.

But I think the nature of the email story makes it a poor proxy for gauging the relationship Clinton’s campaign will have with the press going forward. Keep in mind that this isn’t the first Clinton error Republicans have tried to exploit. When the press has taken GOP Benghazi accusations seriously, it’s gotten burned. Republicans have more credibly tried to raise questions about Clinton’s big dollar speeches and Clinton Foundation fundraising practices, but none of these stories have captured the press’ interest quite like the email controversy.

What distinguishes the email controversy is that it intersects in obvious ways with the professional interests of the same political press corps that will cover Clinton throughout the presidential campaign. It’s such big news because the news itself has a clear stake in the issue. The national press corps doesn’t generally expend a tremendous amount of energy holding senior bureaucrats to the letter of records-keeping protocols, or worrying about how much public business government officials are conducting on private email accountsthough perhaps they should.

But when reporters learned that the most public and politically aspirant of these officials had it in her power to deprive them of records to which they should be entitled, those reporters, quite predictably, responded not just as reporters but as representatives of their trade. This isn’t just any old process story, but one which practically invites reporters to miscalibrate in expressing industry outrage.

It’s also an old phenomenon, and one Clinton really should have anticipated. She hadn’t left Foggy Bottom for more than five months when the same press corps erupted over the revelation that, while conducting a leak investigation at the State Department, the DOJ had used a secret warrant to seize Fox News reporter James Rosen’s emails.

The press was correct to criticize that particular tactic, but in so doing it revealed a kind of shallowness about itself. It didn’t object to DOJ intimidation per se, but to the fact that a reporter rather than a mere civilian had been the target. If Rosen had been an imam in Michigan or a political dissident, the White House briefing room would have been mostly silent about it.

Instead they made it front page news, and forced the administration to examine itself to such great effect that Attorney General Eric Holder now considers the DOJ’s conduct toward Rosen his greatest regret. My hunch is that Hillary Clinton will have to put herself through a similar reckoning before the press lets go of the email story.

Assuming she does, though, I don’t think we can say with any certainty that it will set a tone for the media’s overall coverage of Clinton’s campaign. And as a political issue of its own, the email controversy will probably prove to be self-limiting. Republican presidential hopefuls like Jeb Bush and Scott Walker have email problems of their ownwhich, unsurprisingly, are a much bigger deal to in-state reporters in Florida and Wisconsin than to the national press corps that has been covering Clinton. Moreover, if Republicans in Congress allow their questions about Clinton’s emails to morph into a witch hunt, they’ll turn her into a martyr.

This particular Clinton drama is sui generis. Which means we’ll have to wait until the next imbroglio to learn whether the media and the Clintons will get along better this time around than they did in the 1990s.

 

By: Brian Beutler, The New Republic, March 16, 2015

March 19, 2015 Posted by | Hillary Clinton, Media, National Press Corp | , , , , , , , | Leave a comment

“Where Bibi Leads, The GOP Will Follow”: Netanyahu In Effect, Is ‘Their President’

Yes, it looks like Bibi Netanyahu has a better shot than Bougie Herzog does of forming the next government. There are many moving parts here, so it’s not completely set in stone. But the clear consensus by 5 p.m. Eastern time Tuesday, an hour after the polls closed, was that Netanyahu and Likud have a clearer path to 61 seats than Herzog and the Zionist Union party do.

I’ll leave it to others who know the intricacies of Israeli politics better than I to parse all that. But let’s talk about the impact of a possible Netanyahu victory on our politics here in the United States. The answer is appallingly simple, I think: Though we won’t see this happen immediately or sensationally, it seems clear that, month by month and inch by gruesome inch, a Netanyahu win will move the Republican Party further to the right, to an unofficial (and who knows, maybe official) embrace of Netanyahu’s pivotal and tragic new position of opposition to a two-state solution.

Netanyahu declared said opposition, as you know, the day before the voting, when he stated, in a videotaped interview: “Whoever today moves to establish a Palestinian state and withdraw from territory is giving attack territory for Islamic extremists against the state of Israel. Whoever ignores that is burying his head in the sand.” When his questioner asked if this meant a Palestinian state would not be established on his watch, the prime minister said: “Indeed.”

Now, it’s been known in Israel and America that this was Netanyahu’s true view of things for some time. He partially gave the game away last summer during a press conference. But he never quite said it as directly as he did Monday, in the culminating event of his final, frenzied, fear-mongering campaign. Israeli leaders of the major parties have at least officially supported a two-state solution for many years. But as of Monday, opposition to a two-state solution is official Israel policy, and as long as Bibi’s the boss, it will remain so.

The United States has officially supported a two-state solution at least since George H.W. Bush was president. Presidents of both parties, and even virtually all serious presidential contenders from both parties, have been on record in favor of a two-state solution. Each president has put varying spins on what it means, and has invested more (Bill Clinton) or less (George W. Bush) elbow grease in trying to bring such a solution about. But it has been the bipartisan position in the United States for 25 years or more, and that has meant there at least was a pretense—and sometimes more than that—of a shared goal somewhere down the road between Israel and Fatah (admittedly not Hamas).

Now Netanyahu has ditched that. How will our Republicans react? Well, they love Netanyahu. As they recently demonstrated to us all, he is, in effect, their president, at least on matters relating to the Middle East and Iran. Is it so crazy to think that what Bibi says, the Republicans will soon also be saying?

Now throw Sheldon Adelson into this stewpot. There are many reasons the Republican Party as a whole has become so epileptically pro-Israel in recent years: their ardor for Bibi, the power of the lobby, the influence of the Christian Zionist movement, and more. But another one of those reasons is surely Adelson. When you’re that rich and that willing to throw multiple millions into U.S. and Israeli electoral politics (to the GOP and Likud), you become influential. Adelson is completely opposed to a Palestinian state. “To go and allow a Palestinian state is to play Russian roulette,” he said in October 2013.

There is already a history of GOP candidates making their hajjes, so to speak, out to Adelson’s Las Vegas base of operations and saying what he wants to hear. John Judis wrote about this in The New Republic a year ago. Jeb Bush, Scott Walker, Chris Christie, and John Kasich trotted out to Vegas and filled Adelson’s ear with pretty music. Judis: “The presidential hopefuls made no attempt to distinguish their views on Israel and the Palestinians from Adelson’s.” Christie even apologized for having once used the phrase “occupied territories”!

So here we are today: Bibi, their hero, has said it openly, and “proved” (for the time being) that saying it pays electoral dividends; their base certainly believes it; and Adelson and his checkbook make it potentially quite a profitable thing for them to say. So watch the Republican candidates start announcing that they’re against the two-state solution. Some will be coy about it (Bush, probably). Others—Ted Cruz, and I suspect Walker, who’s already been acting like foreign policy is just a little make-believe game anyway, an arena that exists merely for the purpose of bashing Barack Obama and pandering to the base—will likely be less coy.

If this happens, do not underestimate the enormity of the change it heralds. As of now, I am told by people who know, no Republican legislator in Washington has explicitly disavowed a two-state solution. The closest Congress has come to doing so was on a 2011 resolution offered by then-Representative Joe Walsh that called for congressional support for Israeli annexation of “Judea and Samaria.” Walsh got a number of co-sponsors, 27 of whom are still in office.

But that was then. Four years later, Bibi is the American right’s über-hero, and there’s every reason to think Republicans will follow where he leads. And so a rare point on which our two parties were, however notionally, united, will likely be yet another point of division—and given the intensity of feeling here, bitter division. Republicans will think they can increase their percentage among Jewish voters. The current polls indicate that three-quarters to four-fifths of U.S. Jews (about the percentage that votes Democratic) back a two-state solution. But if Bibi proved anything these last few days, he proved that demagoguery and lies can alter percentages. Brace yourselves.

 

By: Michael Tomasky, The Daily Beast, March 17, 2015

 

March 19, 2015 Posted by | Benjamin Netanyahu, Foreign Policy, GOP | , , , , , , , , | Leave a comment

“A Reality-Avoidance Scheme”: The Republican List Of Things You Cannot Say

You are, perhaps, already familiar with the Republican List of Things You Cannot Say. If not, here’s a quick refresher:

1. “Vagina.” That’s a definite no-no. Three years ago, Republicans in the Michigan statehouse banned Democratic Rep. Lisa Brown from speaking after she used the v-word.

2. “Condom.” The Bush administration sought to ban sex-ed teachers from mentioning the c-word or, indeed, any contraceptive method but abstinence.

3. “Gun.” A 2011 Florida law prohibits pediatricians from asking if parents have a g-word in the house. Mind you, they can ask about swimming pools, tobacco, seatbelts, lead paint and other potential home-based threats to children’s health. But not firearms.

To that list, a new term has now been added. In Florida, you may not say “climate change.”

Now, you’d think the Sunshine State would be using the double c-word quite a bit just now. Florida is, of course, a lowlands state, home to the largest subtropical wilderness in the United States, i.e., the Everglades, and as such, one of the most environmentally vulnerable places in the country. That confluence of facts represents a challenge to which a governor can respond in one of two ways: 1) grapple with the problem and look for ways to solve it; or 2) ignore the problem and silence those who dare to bring it up.

Governor Rick Scott has chosen the second option. The state now operates under an unwritten gag order banning environmental officials from using the double c-word in any official email, correspondence or report to discuss the threat from human-caused planetary warming and rising seas.

The governor, for the record, denies any such rule exists. “It’s not true,” he told reporters last week. But Scott’s words are simply not credible in the wake of a withering report published last week by the Miami Herald. In it, multiple former state Department of Environmental Protection officials describe how they were, in fact, censored by their superiors. “We were told not to use the terms ‘climate change,’ ‘global warming’ or ‘sustainability,’” said former DEP attorney Christopher Byrd.

No, the GOP is not the only party to regulate what its officials may say. Yes, the Obama administration has lately come out against language conflating Islam and terrorism in order, it says, to deny gangs of criminal thugs the legitimacy of religious underpinnings. You may or may not find that reasoning persuasive, but give the White House this much credit: The ban seems designed to make a philosophical point — not to forestall discussion of terrorism.

What we see in Governor Scott, on the other hand, amounts to little more than a reality-avoidance scheme, a way of not having a debate he cannot win and would rather not have. The governor has previously tried denying the reality of global warming. He has used the “I’m not a scientist” dodge that the GOP adopted in lockstep last year. But this may be his most effective means yet: Commandeer the language, rendering discussion impossible.

It is not, however, the debate about global warming that threatens to submerge downtown Miami, but global warming itself. It turns out that, contrary to what we believed as children, if you ignore a thing, it doesn’t go away. Often times, it simply festers and gets worse. And as guns, condoms and vaginas continue to exist despite GOP silencing, so too does the threat to Florida, the country and the planet from rising seas and temperatures.

Yet in the face of that existential danger, the GOP continues its strategy of sowing doubt, denial and delay. It is a depressing sign of our times that Florida’s governor exerts so much energy to manage the language of catastrophe.

Here’s a thought: Address the catastrophe and the language will take care of itself.

 

By: Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, March 18, 2015

March 19, 2015 Posted by | Climate Change, Global Warming, Rick Scott | , , , , , , | 1 Comment