MEMPHIS, Tenn. – The Regulatory Accountability Act (S-951) sounds innocuous enough, but consumer and public-health advocates say it's anything but.
The RAA claims to eliminate red tape for manufacturers, but environmental groups say the measure essentially would ban agencies from keeping pesticides and bacteria such as salmonella out of food, keeping lead out of water, and from preventing exposure to known carcinogens such as asbestos.
Anne Kelly is the senior program director of public policy at the Ceres BICEP Network, a nonprofit representing big-name companies interested in sustainability, including Nike, Coca-Cola, Dell and Apple. She says public health is at stake.
"This is an elaborate environmental-law infrastructure that has been put in place over the last 40 years, and to unravel those protections would really put our public health at great risk," she says.
Critics say the bill creates so many new requirements that it would paralyze regulators working to establish even the most basic rules and standards. They also say it makes cutting industry's and banks' costs a higher priority than protecting public health and safety.
Congressman Steve Cohen (D-9th District) of Memphis spoke out against a version of the Act proposed in the U.S. House earlier this year.
"There's always a side that loses, and the side that loses is the consumers and the folks that will be injured and/or killed because of lack of regulations," he explains. "I don't know how much one life is worth, but it's worth a lot no matter who it is, and there are going to be lots of people who will not survive."
Proponents say the Regulatory Accountability Act will ensure that health and environmental regulations are transparent and based on the best available science.
Kelly says the RAA ignores long-held beliefs about public health, consumer and food safety.
"These are based on science, these are based on risk-assessment, and they really are grounded in the specialized expertise of the relevant agencies like the EPA and the FDA," she adds. "And they need to be taken seriously. Not to suggest that improvements should not be made, but this is really wrong-headed."
According to the U.S. Public Interest Research Group, the bill would replace an already industry-friendly rulemaking process with something even worse than one that currently only applies to the Federal Trade Commission; an agency that hasn't attempted to enact a major rule in decades.
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The latest Environmental Protection Agency data show over 11 million more people than in earlier estimates have the chemicals known as PFAS in their drinking water.
This brings the total number exposed to toxic so-called forever chemicals to more than 143 million nationwide.
Julia Finch, director of the Sierra Club's Kentucky Chapter, said she hopes the incoming Trump administration protects federal drinking water standards.
She noted that most states don't have state-level drinking water protections in place for PFAS, and are instead dependent on manufacturers' willingness to stop using the chemicals.
"We know that in Kentucky in particular, PFAS aren't regulated," said Finch. "So, we don't have a drinking water standard right now - but we know we have plenty of industrial and commercial users of PFAS that are eliminating the toxic chemicals."
The findings confirm the presence of PFAS compounds at more than 2,300 new locations nationwide.
They come from tests of the nation's drinking water supply conducted as part of the EPA's Fifth Unregulated Contaminant Monitoring Rule, which requires water utilities to test drinking water for 29 different PFAS compounds.
One 2020 study estimates more than 200 million Americans are exposed to PFAS in drinking water. Finch explained that Kentuckians can keep up on the issue as citizen-scientists.
"There's a way for folks to become involved, simply by sampling and testing water," said Finch. "We have a number of groups that will help to tap folks into that process, including Sierra Club."
Exposure to some types of PFAS chemicals have been linked to prostate, kidney, and testicular cancers, as wells as reduced immune system function, and reproductive issues in women - according to the Centers for Disease Control and Prevention.
In April of this year, the EPA classified two compounds - PFOA and PFOS - as hazardous substances. This prompted $9 billion in federal funding to eliminate them in water treatment facilities.
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A new scorecard from the Center for Western Priorities points to Wyoming's success as a western state balancing conservation goals and economic growth but the state can still learn from its neighbors.
The 2024 scorecard looks at three categories: land protection and access, responsible energy development, and land use and planning for growth. Wyoming scored higher than neighboring states Montana, Utah and Idaho in land protection and access but scored low among its neighbors in the other categories.
Rachael Hamby, policy director at the center, said all the western states grapple with similar challenges and may find related solutions.
"This scorecard shows that it's possible -- and even to your advantage as a state -- to protect public lands, to steward natural resources, while growing and diversifying your economy," Hamby contended.
In pro-conservation legislation, Wyoming lawmakers this year formed an outdoor recreation and tourism trust fund and board and they blocked attempts to remove three-year tax exemptions for wind energy. According to the Center for Western Priorities, they also passed rules in continuing efforts to limit federal environmental regulations.
Hamby acknowledged while there is cause for concern regarding the precedent an incoming Trump administration may set, she stressed states have "a really important role to play."
"So many voters in all of these states so overwhelmingly support conservation and that's not lost on elected leaders," Hamby emphasized. "That's not going to just flip because there's a new administration in office."
The 2024 State of the Rockies survey showed for the first time in its 14 years of polling, a majority of Democrats, Independents and Republicans prioritize conservation over energy production.
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Nevada scored high for its well-funded conservation programs and for the state's commitment to public land protections.
A new report by The Center for Western Priorities evaluated eight Western states within three categories - land protection and access, responsible energy development, and land use and planning for growth.
The Center's Policy Director Rachael Hamby said Nevada has done a good job of becoming an "assertive leader" as it relates to public land protection and conservation - especially with 67% of the state being made up of public lands, according to the Bureau of Land Management.
She added that Nevada was also the first state Legislature to endorse the global 30X30 Initiative, which is a plan to conserve 30% of nature by 2030 - to avoid what Hamby called a "biodiversity crisis."
"They've made progress towards that goal too, opening a couple new state parks," said Hamby, "and again this is a state doesn't always have as much of a surface area to work with - and this shows that is OK. You can be a conservation leader with your state-level policies in place for the lands that you do manage on behalf of Nevadans."
Hamby said the Silver State has also taken action to protect wildlife, including what she calls a "strong habitat framework" that is a direct result of an executive order signed in 2021 by former Gov. Steve Sisolak.
Nevada also passed a bill in 2021 that requires developers to consult with the Department of Wildlife on their subdivision plans and assess how projects will impact wildlife connectivity.
Nevada didn't have a legislative session in 2024, but it will have one in 2025.
Hamby said despite Nevada being in a good spot, there are still areas for improvement, such as responsible energy development.
Despite Nevada not being a major oil-producing or natural-gas producing state, it currently has no statewide setback requirements for oil and gas wells or any laws or rules on the books to reduce methane emissions.
Hamby said each state can celebrate its wins, but must also get to work where they're lagging.
"So hopefully the scorecard can help with identifying some area for growth in each state," said Hamby, "as policymakers are looking for ideas of what they might be able to do to advance conservation goals."
Hamby added that the positive economic implications of a transition to a clean energy economy will become even more evident in years to come.
Since the passage of The Clean Energy Plan in 2022, Nevada has seen more than 20,000 new jobs across the state.
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