Jill and Bill Ruckelshaus
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The Neglected Question of Congressional Oversight of Epa: Quis Custodiet Ipsos Custodes (Who Shall Watch the Watchers Themselves)?
THE NEGLECTED QUESTION OF CONGRESSIONAL OVERSIGHT OF EPA: QUIS CUSTODIET IPSOS CUSTODES (WHO SHALL WATCH THE WATCHERS THEMSELVES)? RICHARD J. LAZARUS* I INTRODUCTION The United States Environmental Protection Agency ("EPA") and the federal environmental protection laws within its charge have received much attention in the literature during the past twenty years. Commentators have frequently considered the relationship of EPA to the courts, including the advantages and disadvantages of both more and less exacting judicial review of agency decisions.' Scholars have likewise periodically examined the peculiar way in which Congress has drafted the federal environmental protection laws to ensure their achievement of policy goals. 2 These laws have Copyright © 1991 by Law and Contemporary Problems * Associate Professor of Law, Washington University, St. Louis. In my plenary review of EPA's first twenty years, reproduced later in this volume, I describe more fully the collision of institutional forces (including those unleashed by Congress) that have surrounded EPA, why they developed, and how they have affected both EPA and the evolution of federal environmental law. See RichardJ. Lazarus, The Tragedy of Distrust in the Implementation of Federal EnvironmentalLaw, 54 L & Contemp Probs 311 (Autumn 1991). This article explores in greater depth the causes and effects of congressional oversight of EPA, a specific topic for discussion at the Symposium on EPA sponsored by the Duke University and Washington University Schools of Law in November 1990. The article benefitted greatly from the comments I received at the symposium, especially those offered by Joel Aberbach, Don Elliott, Anne Shields, and Steve Shimberg. Kathleen Lindenberger and Cathy Varley provided valuable research assistance. -
The True Story of 'Mrs. America' | History | Smithsonian Magazine 4/16/20, 9 07 PM the True Story of ‘Mrs
The True Story of 'Mrs. America' | History | Smithsonian Magazine 4/16/20, 907 PM The True Story of ‘Mrs. Americaʼ In the new miniseries, feminist history, dramatic storytelling and an all-star-cast bring the Equal Rights Amendment back into the spotlight Cate Blanchett plays conservative activist Phyllis Schlafly (Sabrina Lantos / FX) By Jeanne Dorin McDowell smithsonianmag.com April 15, 2020 It is 1973, and conservative activist Phyllis Schlafly and feminist icon Betty https://www.smithsonianmag.com/history/true-story-mrs-america-180974675/ Page 1 of 11 The True Story of 'Mrs. America' | History | Smithsonian Magazine 4/16/20, 907 PM Friedan trade verbal barbs in a contentious debate over the Equal Rights Amendment at Illinois State University. Friedan, author of The Feminine Mystique and “the mother of the modern womenʼs movement,” argues that a constitutional amendment guaranteeing men and women equal treatment under the law would put a stop to discriminatory legislation that left divorced women without alimony or child support. On the other side, Schlafly, an Illinois mother of six who has marshalled an army of conservative housewives into an unlikely political force to fight the ERA, declares American women “the luckiest class of people on earth.” Then Schlafly goes for the jugular. “You simply cannot legislate universal sympathy for the middle-aged woman,” she purrs, knowing that Friedan had been through a bitter divorce. “You, Mrs. Friedan, are the unhappiest women I have ever met.” “You are a traitor to your sex, an Aunt Tom,” fumes Friedan, taking the bait. “And you are a witch. God, Iʼd like to burn you at the stake!” Friedanʼs now-infamous rejoinder is resurrected in this fiery exchange in “Mrs. -
A List of the Records That Petitioners Seek Is Attached to the Petition, Filed Concurrently Herewith
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE PETITION OF STANLEY KUTLER, ) AMERICAN HISTORICAL ASSOCIATION, ) AMERICAN SOCIETY FOR LEGAL HISTORY, ) Miscellaneous Action No. ORGANIZATION OF AMERICAN HISTORIANS, ) and SOCIETY OF AMERICAN ARCHIVISTS. ) ) MEMORANDUM IN SUPPORT OF PETITION FOR ORDER DIRECTING RELEASE OF TRANSCRIPT OF RICHARD M. NIXON’S GRAND JURY TESTIMONY OF JUNE 23-24, 1975, AND ASSOCIATED MATERIALS OF THE WATERGATE SPECIAL PROSECUTION FORCE Professor Stanley Kutler, the American Historical Association, the American Society for Legal History, the Organization of American Historians, and the Society of American Archivists petition this Court for an order directing the release of President Richard M. Nixon’s thirty-five-year- old grand jury testimony and associated materials of the Watergate Special Prosecution Force.1 On June 23-24, 1975, President Nixon testified before two members of a federal grand jury who had traveled from Washington, DC, to San Clemente, California. The testimony was then presented in Washington, DC, to the full grand jury that had been convened to investigate political espionage, illegal campaign contributions, and other wrongdoing falling under the umbrella term Watergate. Watergate was the defining event of Richard Nixon’s presidency. In the early 1970s, as the Vietnam War raged and the civil rights movement in the United States continued its momentum, the Watergate scandal ignited a crisis of confidence in government leadership and a constitutional crisis that tested the limits of executive power and the mettle of the democratic process. “Watergate” was 1A list of the records that petitioners seek is attached to the Petition, filed concurrently herewith. -
Toxic Temptation
TOXIC TEMPTATION The Revolving Door, Bureaucratic Inertia and the Disappointment of the EPA Superfund Program Eric J. Greenberg THE CENTER FOR PUBLIC INTEGRITY 1910 K Street N.W., Suite 802 Washington, DC 20006 (202) 223-0299 TOXIC TEMPTATION The Revolving Door, Bureaucratic Inertia and the Disappointment of the EPA Superfund Program Eric J. Greenberg THE CENTER FOR PUBLIC INTEGRITY 1910 K Street N.W., Suite 802 Washington, D.C. 20006 (202) 223-0299 "Let the public service be a proud and lively career. And let every man and woman who works in any area of our national government, in any branch, at any level, be able to say with pride and with honor in future years: 'I served the United States government in that hour of our nation's need.'" - John F. Kennedy "To the extent that the public believes that people who move in and out of government are doing so in order to advance their own economic interest as opposed to representing the public interest when they are in government, that's not a good thing for society." -- William D. Ruckelshaus, EPA's first and fifth Administrator, 1991 "I've had it with patriotism: I'm into greed now." - Anne Gorsuch Burford, EPA Administrator, 1981-1983, to Regardie's Magazine, August 1984 The Center for Public Integrity is an independent nonprofit organization that examines public service and ethics-related issues. The Center's Reports combine the substantive study of government with in-depth journalism. The Center is funded by foundations, corporations, labor unions, individuals and revenue from news organizations. -
Ruckelshaus Weighs in on EPA-Bashing
Ruckelshaus weighs in on EPA-bashing Original Reporting | By James Lardner | Environment, Regulation March 9, 2011 — In 1983, Ronald Reagan needed a symbol of integrity to run the Environmental Pro- tection Administration and put the lid on a scandal involving its Superfund cleanup program. He turned to William Ruckelshaus, who had won the environ- mental movement’s respect as the agency’s first leader from 1970 to 1972, and then, in the “Satur- day night massacre” of October 1973, had resigned as Deputy Attorney General rather than carry out President Richard Nixon’s order to fire Archibald Cox, the special prosecutor who had taken the Wa- tergate cover-up more seriously than he was sup- posed to. Last week, Remapping Debate sought out the 78-year-old Ruckelshaus — who has also worked as an executive or director at various corporations, including Weyerhauser and Browning Ferris Industries — for some historical perspective on environmental policy and the way the EPA and other rule-making agencies are treated by elected officials nowadays. A lifelong Republican, Ruckelshaus endorsed Barack Obama for President in 2008, citing Obama’s campaign commitment to action on climate change as one big reason. Once upon a time the GOP supported environmental protections… Ruckelshaus’s memories of Washington stretch back four decades to a time when, as he recalled, “the Clean Air Act passed the House by 374 to 1; it passed the Senate by 73 to nothing. These were not partisan issues,” he said. “They have become much more partisan since.” He was quick to add that some of Congress’s habits, such as not giving an agency remotely enough funding to accomplish its statutory goals, are longstanding. -
JUNE 10, 2019 Chairman Nadler, Ranking Member Collins, the Last
STATEMENT OF JOHN W. DEAN U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY HEARINGS: “LESSONS FROM THE MUELLER REPORT: PRESIDENTIAL OBSTRUCTION AND OTHER CRIMES.” JUNE 10, 2019 Chairman Nadler, Ranking Member Collins, the last time I appeared before your committee was July 11, 1974, during the impeachment inquiry of President Richard Nixon. Clearly, I am not here as a fact witness. Rather I accepted the invitation to appear today because I hope I can give a bit of historical context to the Mueller Report. In many ways the Mueller Report is to President Trump what the so-called Watergate “Road Map” (officially titled “Grand Jury Report and Recommendation Concerning Transmission of Evidence to the House of Representatives”) was to President Richard Nixon. Stated a bit differently, Special Counsel Mueller has provided this committee a road map. The Mueller Report, like the Watergate Road Map, conveys findings, with supporting evidence, of potential criminal activity based on the work of federal prosecutors, FBI investigators, and witness testimony before a federal grand jury. The Mueller Report explains – in Vol. II, p. 1 – that one of the reasons the Special Counsel did not make charging decisions relating to obstruction of justice was because he did not want to “potentially preempt [the] constitutional processes for addressing presidential misconduct.” The report then cites at footnote 2: “See U.S. CONST. ART. I § 2, cl. 5; § 3, cl. 6; cf. OLC Op. at 257-258 (discussing relationship between impeachment and criminal prosecution of a sitting President).” Today, you are focusing on Volume II of the report. -
Does the President Have Directive Authority Over Agency Regulatory Decisions?
Fordham Law Review Volume 79 Issue 6 Article 2 November 2011 Who's In Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions? Robert V. Percival Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Robert V. Percival, Who's In Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions? , 79 Fordham L. Rev. 2487 (2011). Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss6/2 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. WHO’S IN CHARGE? DOES THE PRESIDENT HAVE DIRECTIVE AUTHORITY OVER AGENCY REGULATORY DECISIONS? Robert V. Percival* Most regulatory statutes specify that agency heads rather than the President shall make regulatory decisions .1 Yet for more than four decades every President has established some program to require pre-decisional review and clearance of agency regulatory decisions, usually conducted by the Office of Management and Budget (OMB).2 On January 18, 2011, President Barack Obama joined his seven predecessors in expressly endorsing regulatory review when he signed Executive Order 13,563.3 President Obama’s regulatory review program generally emulates those of his two most recent predecessors, relying on OMB’s Office of Information and Regulatory Affairs (OIRA) to review only the most significant agency rulemaking actions.4 Although this form of presidential oversight of rulemaking is now well established, an important, unresolved question is whether the President has the authority to dictate the substance of regulatory decisions entrusted by statute to agency heads. -
Stage 3: Congressional Hearings in March 1973, Judge Sirica Sentenced Liddy, Hunt, and Four of the Burglars to 20, 35, and 40 Years in Prison, Respectively
Student Handout 23A Stage 3: Congressional Hearings In March 1973, Judge Sirica sentenced Liddy, Hunt, and four of the burglars to 20, 35, and 40 years in prison, respectively. McCord admitted just before the sentencing that there was more information to be shared. Thus Sirica delayed sentencing him. Soon thereafter, L. Patrick Gray, the acting director of the FBI, admitted to having destroyed Watergate evidence. He then resigned. In May, North Carolina Senator Sam Ervin, the chairman of the Senate Select Committee on Presidential Activities, con- vened televised hearings on Watergate. Many Americans watched the hearings with great fascination. In June, John Dean, whom Nixon had fired as White House counsel in April, testified before the Senate Select Committee. He revealed that the former attorney general, John Mitchell—who had become Nixon’s 1972 pres- idential campaign manager—had ordered the Watergate break-in. Dean explained that the White House was covering up its involvement. He also testified that the president had authorized payments of hush money to the burglars to keep them quiet. Nixon’s aides vehemently denied this charge. On July 16, White House aide Alexander Butterfield testified. He revealed startling information—that Nixon had had a taping system installed in the White House to automatically record all conversations there. Only a hand- included 350,000 angry telegrams sent to Congress and ful of people had known about the system. Now, the the White House. The president responded by appointing hearing’s key questions—what did the president know, another special Watergate prosecutor, Leon Jaworski, and and when did he know it—could be answered by listening then turning over the subpoenaed tapes. -
The Two Women's Movements
The Two Women’s Movements Feminism has been on the march since the 1970s, but so has the conservative backlash. By Kim Phillips-Fein June 1, 2017 Phyllis Schlafly at a rally at the Illinois State Capitol in 1977. (AP) Not even death could stop Phyllis Schlafly. Her final broadside, The Conservative Case for Trump, was released the day after she died at the age of 92 last September. It was a fitting bookend to her first, A Choice Not an Echo, her self-published endorsement of Barry Goldwater for president in 1964. Unlike many other Christian conservatives who backed Texas Senator Ted Cruz in the GOP’s 2016 primaries, Schlafly supported Trump from the outset. Early in the year, she gave an hour-long interview to Breitbart News, making the case that Trump represented the only chance to overturn the “kingmakers” (her word for the Republican establishment). Like Trump, Schlafly’s politics were often focused on a muscular concept of national security. She wanted to see a “fence” protecting the country’s southern border, and she argued that Democrats were recruiting “illegals” in order to bolster their electoral chances. Despite his three marriages, she saw Trump as an “old-fashioned” man whose priorities were hard work and family. After Schlafly died, Trump returned the love. He gave a eulogy at her funeral in the Cathedral Basilica of St. Louis, raising a finger to deliver a promise: “We will never, ever let you down.” Schlafly emerged on the national scene in the early 1970s, when she led the campaign against the Equal Rights Amendment through her Eagle Forum. -
Minutes of the City-County Council and Special Service District Councils of Indianapolis, Marion County, Indiana Monday, December 9, 2019
MINUTES OF THE CITY-COUNTY COUNCIL AND SPECIAL SERVICE DISTRICT COUNCILS OF INDIANAPOLIS, MARION COUNTY, INDIANA MONDAY, DECEMBER 9, 2019 The City-County Council of Indianapolis, Marion County, Indiana and the Indianapolis Police Special Service District Council, Indianapolis Fire Special Service District Council and Indianapolis Solid Waste Collection Special Service District Council convened in regular concurrent sessions in the Council Chamber of the City-County Building at 7:00 p.m. on Monday, December 9, 2019, with Councillor Osili presiding. Councillor Cordi recognized Pastor Tim Lindsey, Lifeline Baptist Church, who led the opening prayer. Councillor Cordi then invited all present to join her in the Pledge of Allegiance to the Flag. ROLL CALL The President instructed the Clerk to take the roll call and requested members to register their presence on the voting machine. The roll call was as follows: 23 PRESENT: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris, Holliday, Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray, Robinson, Shreve, Wesseler 2 ABSENT: Scales, Simpson A quorum of twenty-three members being present, the President called the meeting to order. INTRODUCTION OF GUESTS And VISITORS Councillor McQuillen recognized Councillor McHenry’s husband Fred. Councillor Oliver recognized Marion County Clerk Myla Eldridge, Deputy Clerk NaTrina DeBow, and constituent Erin Latchett. Councillor Adamson recognized AFSCME representatives Georgia Cravey and Michael Torres. Councillor McHenry recognized residents of District 6 who showed up this evening to support others being recognized. Councillor Robinson recognized Pike Township elected officials, Senator Greg Taylor and Trustee Annette Johnson. Councillor Harris recognized Mayor of Clermont, Nancy Baxter. -
The President's Lawyers— Problems
ALL THE PRESIDENT’S LAWYERS— PROBLEMS AND POTENTIAL SOLUTIONS IN PROSECUTING PRESIDENTIAL CRIMINAL CONDUCT Matthew Hansen* Following the presidential election of 2016, the United States has found itself in a constitutional crisis, the likes of which the Framers could not have anticipated. The evidence currently mounting against President Donald Trump regarding possible Russian collusion has sparked a number of controversies, including the President’s unilateral firing of FBI Director James B. Comey in the middle of a formal investigation into the Trump Administration’s ties to Russia. Despite this potential obstruction of justice, the sole governmental entity with any enumerated constitutional authority to bring punitive action against a sitting president, the legislative branch, has been politically reticent to take any action against President Trump. While Special Counsel Robert Mueller has been tasked with the Russia investigation, there is no precedent in American law that would permit any entity from bringing criminal charges against a sitting president without Congress’s willingness to draft and try articles of impeachment. Further, the current laws governing a special counsel’s abilities severely limit any vital impact he or she may have in the face of a politically biased Congress. This Note proposes the resurrection of Title VI of the Ethics in Government Act of 1978, which gave special counsel broader authority while conducting investigations into potential executive- branch abuse of power. Additionally, this Note further advocates for an expanded role for the judicial branch in investigating and, if necessary, compelling congressional action through judicial review in situations where an executive- branch abuse of power remains congressionally unaddressed despite special- counsel recommendations. -
The Guardian: EPA's Formative Years, 1970- 1973
The Guardian: EPA's Formative Years, 1970- 1973 EPA 202-K-93-002 September 1993 by Dennis C. Williams Table of Contents Introduction Building an Agency Drawing the Line Taking to the Air Pesticides and Public Health Changing Captains References Introduction Few federal agencies evoke as much emotion in the average American as the U.S. Environmental Protection Agency (EPA). Either directly or indirectly, the agency's operations confront the average person in intimate ways. Everyone wants breathable air, drinkable water, and land free from harmful pollutants on which to live. EPA's actions in pursuit of those goals have altered the nation's social, political, and economic course. Moreover, in attempting over the past quarter century to make a cleaner environment a reality, EPA has found itself regulating the personal conduct of individual citizens. Often, the turbulent relationship between the agency and its diverse constituencies has interfered with these tasks. At various times during its history, the agency has roused business and industry, farmers, environmentalists, Congress, the White House, and the general public to ire. EPA has attempted to regulate the environment by building acceptable compromises among its constituents. Since compromises by their very nature are seldom satisfactory to everyone, EPA's constituents have given the agency mixed evaluations. Still, the agency has continued to follow many of the pollution control strategies set forth by its first administrator, William D. Ruckelshaus. Understanding the course set by Ruckelshaus and his staff illuminates not only EPA's past, but clarifies the agency's place in American society today. Ruckelshaus's original mission appeared simple enough: clean up America.