Hot Reads: CA Takes Back Its Dumb Rule, Chemical Reform Under Contemplation, and More

Wicker Picnic Basket Grass 6-1-09 1

(Photo credit: stevendepolo)

Kick up your feet: this couch won’t bite!

Fantastic news from California! It looks like beginning this winter, furniture makers will be able to jettison toxic flame retardants from their products. Currently, manufacturers use these chemicals to comply with a stupid CA state law, even though the flame retardants are linked to learning deficits, cancer, lowered IQ and other issues and do little to protect against fires.

A proposed rule allows manufacturers to discontinue the use of flame retardant chemicals in January 2014, with all manufacturers required to achieve full compliance by January 2015. This is an issue that has been driving me crazy for some time, and I’ve written about it obsessively a lot. I’m looking forward to the day when we can all breathe a sigh of relief, lie down on our couches, and take a long, peaceful nap.

Be aware that whatever the final implementation date, manufacturers will still need to change their supply chains, which may take a while. In the meantime, here’s my FAQ on flame retardants, here’s some options I found, and here’ s a handy-dandy cheat sheet of purchase options from the folks at Green Science Policy Institute, which also has their own FAQ.

It’s about time: A Quick Take on Last Week’s Chemical Reform hearing

In 1976, Congress passed the Toxic Substances Control Act (TSCA). It was a joke almost from the get-go: while it purported to assure the safety of thousands of chemicals in common household products, in reality the chemical industry got the government to give tens of thousands of them a free pass. Since then, the number of chemicals in our live has gotten larger but government regulation covers only a fraction of a percent of them. A key example: asbestos, which we know causes mesothelioma and a host of other health problems, cannot be banned under the law!

Finally, after 37 years, Congress is considering updating chemical safeguards, thanks in part to the incredible leadership of the late Senator from New Jersey, the Honorable Frank Lautenberg. This should have been done a long time ago, but the gathering momentum and discussion of a proposed new bill, called the Chemical Safety Improvement Act (CSIA), offers some (limited) hope, following a marathon Senate Environment and Public Works hearing last week.

Sadly, as the testimony from panel after panel made clear, the new proposal is not as strong as it should be. Given the persistent gridlock in Congress, I was cheered to hear Senators from both sides of the aisle agreeing on something essential: that there is a pressing need to reform the chemical oversight law. Some lawmakers floated the notion that they are willing to work together, which is a refreshing change, and gives me hope that the bill can actually be fixed.

More cynically, I see it as a clear signal that the chemical industry is ready to deal, and that they have finally decided that some rules to reassure the public of the safety of their products may be better than the Wild West. In the current environment, companies are never sure about whether a product is going to land them in some scary headlines and tick off moms like me. In addition, most multinationals are already complying with stricter laws in Europe, so perhaps uniformity has advantages in terms of costs for them. Ominously, there was a not-so-subtle suggestion from a few GOP lawmakers that the current proposal is the best that will be offered, which would be a crying shame, given that none of the many environmental and public health organizations on the panel supports the current version.

What are the flaws and omissions in the proposal? Sadly, there is still lots of work to be done. Many witnesses raised the important issue of the need to provide protections for state laws that are already on the books and to ensure that whatever federal standards are developed do not over-ride the state provisions. This issue — called preemption by lawyers — is needed because the states have stepped into the breach during the long winter of federal inaction on chemicals and many have their own rules that should remain in force.

In addition, nothing in the proposed law provides specific protections for vulnerable people, such as children, or pregnant and nursing moms. But we know that exposure to chemicals cannot be judged on an average basis, because there are simply windows of time in our lives when exposure to even a relatively small amount of chemicals may have devastating health effects. That’s why advocates have been so concerned about findings of chemicals in umbilical cords and cord-blood of brand-new babies: this is such an intense period of cellular development that the impact of chemicals can be far greater than it would be for an adult. In addition, environmental justice concerns about how chemical facilities and releases are concentrated in low-income areas means this kind of assessment must be done for basic fairness.

Third, because the name of the game in DC these days is paralysis by analysis, I was excited and cheered to see so many folks raise the need for hard deadlines in the law. There is clearly no stomach for another 37 years of delay. Witnesses also spoke to the importance of developing a clear and simple process for any new rule, and some even called for an assessment by the current regulators of how long, exactly, it would take under the law before the first new standard could get out the door.

The bottom line is that the bill has to be improved before it moves forward. Senator Boxer (D.-CA), the chair of the committee, provided wonderful clarity on this point and definitely seems like she on the case. But she needs our support, so here’s how to help:

Let’s be clear: this is more energy towards real chemical reform than we have seen in years, and a moment that is not be wasted. So let’s all do what we can to keep raising the costs of failure and inaction on this critical public health issue, for your kids and mine.

Water, Water Everywhere

Is your water safe to drink? Maybe, but maybe not. If it passes through PVC pipes it might contain vinyl chloride. And lead is unfortunately still a concern. Check out these tips from Healthy Child Healthy World. They list dangers to watch for and measures you can take to ensure that you and your family are staying hydrated and toxin-free.

Hot Fun in the City? Not so much.

Sunscreen, plastic pitchers of lemonade, insect repellant and a red-and-white-checkered vinyl tablecloth. Sounds like a great picnic, right? Sadly, no. All of these products contain dangerous toxins, so before you fire up the grill for a couple end-of-summer barbecues, do a little research to make sure you aren’t unwittingly exposing yourself to harmful chemicals. To help you avoid toxin-tainted products as the summer wraps up, the folks at Safer Chemicals, Healthy Families have put together an informative graphic and released startling new test results on a bevy of summertime fun products.

There are more offenders than you might think, in places you might not suspect. Check it out and chuck the plastic and folding chairs, so that you are chilling in the dwindling days of summer in a toxin-free environment. And while you’re picnicking, please contemplate the nuttiness of a world in which the red-checked tablecloth is poison, and the blue-checked one is fine. Another reason we need that federal reform law!

Don’t Spank Your Toddler. Full stop.

Given my recent post on respectful communication with a child and developing resilience through trust, I was shocked to learn this week that 94 percent of toddlers are spanked and fifty percent are spanked three or more times a week. Really, what lesson does spanking teach? What does it demonstrate to children except that physical violence is appropriate behavior? And what effects does it have on the relationship between a parent and a child?

StopSpanking.org put together this incredible video about their efforts to ban spanking. The video is proposal for a full-length documentary, and funds are being solicited to produce it. Watch the video. It’s eye-opening.

Childhood obesity: down?

Good news for once: recent studies actually show a drop in childhood obesity. Hello! Let’s figure out why please, and do more of that.

The tragic costs of regulatory resistance

I wrote last week about the tragedy in Lac-Megantic, Quebec, where a train carrying crude oil exploded and killed 47 people. Now the victims’ families will suffer more. When the costs associated with the crash were estimated at $200 million this week, the company responsible for the disaster—Montreal, Maine & Atlantic Railway—filed for bankruptcy because it was carrying only $25 million in insurance coverage. Appalling.

Extra! Extra!

The week began with a bombshell: Jeff Bezos, the founder of Amazon.com, made arrangements to purchase The Washington Post. At first glance, the story had all the trappings of a modern-day tragedy. A man who made his fortune on the internet was buying a newspaper that owed its demise to that very same cornerstone of the digital age.

But the more I read about Bezos, the more I wondered about his motives and what they might suggest for the future of the paper. The Post, like much of print journalism, has seen better days. Its revenue has fallen 44 percent over the past six years and in 2012 its operating loss topped $50 million.

So why did Bezos, a calculating businessman, fork over a quarter of a billion dollars for it? Was it a vanity purchase to raise his intellectual cachet? Was it a hobby buy to feed a love of letters? An act of philanthropy? An ego move to show he could succeed where others failed? Or an attempt to purchase a mouthpiece on federal policy and influence federal lawmakers in support of his left-libertarian views? Only time will tell.

And that’s a wrap for this week. Hope you are having a lovely August!

Reasonable Gun Laws: An Opportunity for the Return of the Moderate Republican

Forgotten Future

Forgotten Future (Photo credit: much0)

“Everything is hard before it is easy.”

Johann Wolfgang von Goethe

It was 2005. I was sitting in the Senate Commerce Committee room at a hearing, and Senator John McCain was a little teed off. What set him off was a little speech by then-Senator George Allen of Virginia (yes, the “macaca” fellow) about how seat belt laws were evidence of the “nanny state.”

Senator McCain took a very different view, pointing to their role in saving lives and talking about his support for the automotive safety measures in the bill then being considered. The proposal — which included new safety rules on vehicle rollover (which at the time claimed 9,000 lives per year) and roof strength (critical to surviving a rollover crash), and required safety test results to be put on dealer’s window stickers at the point of sale — were common-sense advances for public safety, in Senator McCain’s enlightened view. The measures also received critical support from Senator Mike DeWine, a socially conservative Republican from Ohio, whose young family member tragically had died in an auto crash.

After five years of our work with a group of allies — and with the laudable assistance of the current head of the National Highway Traffic Safety Administration (NHTSA), David Strickland, who was a Senate staffer for the Committee at the time — the safety rules became law. The auto industry predictably opposed them, and did manage, even after they were enacted, to persuade NHTSA under President Bush to gut a few of them in practice. But in the main, the rules stuck, and when President Obama came to office, it became possible to restore the law’s intent.

It is clear, given the events of the past week and the intense public response to the Sandy Hook shootings, that there is now, for the first time in a long while, an opening for new and more sensible rules to both require and encourage responsible gun ownership. What’s less clear is how new measures could pass in the current climate of polarization in the Congress and in many state-houses.

A sustained campaign to ensure that voters and lawmakers understand the issues in terms of a public safety problem that must be addressed with competent government action and oversight would be a game-changer, and opens the possibility that more reasonable Republicans will vote for needed reforms, or even lead, as Mayor Bloomberg has done. The power of Sandy Hook to change minds has already been shown in statements by conservative commentator Joe Scarborough, and by former gun-rights Democrats like Senators Reid, Manchin and Casey, all of whom have indicated their change of heart on the issue of restrictions on assault weapons and high-capacity ammunition magazines.

George Lakoff, in his landmark book on political frameworks, Don’t Think of an Elephant, describes how progressives and conservatives use different family models to understand the proper role for government. While progressives use a “nurturing” model, conservatives have in mind the “strict father” who sets out the rules for the family. Although Lakoff doesn’t spend much time meditating on the multiple dimensions of this father figure in his book, what I have observed in pushing for public safety reforms and trying to work on a bi-partisan basis is this: embedded in the conservative vision of this “strict father” is a strong duty to protect the family from harm.

When no one can ensure safety and public health without government action, “nanny state”-type objections become irrelevant for most reasonable people, many of whom are independent or Republican voters. Over time, the new standards for public safety become habit for both industry and individuals — a benefit that saves lives without anyone even noticing. Seat belt laws — which were so controversial that their enactment required a state-by-state strategy focused first on laws requiring children to be buckled up — are now ho-hum stuff, Senator Allen’s knee-jerk speech notwithstanding.

Fixing our nation’s gun problem should also, someday off in the foreseeable future, be nothing more than a rather boring set of rules overseen by a decently funded, well-run federal agency with state-level support and assistance. Adequately trained hunters and sportsmen should be able to license a gun when they want to, suitable for those purposes, while criminals and people deemed mentally incompetent should not.

The paranoia that is driving up gun purchases — and profits for gun manufacturers and dealers — over the past week (and the years since Obama was elected) is unwarranted. And no one should even have to think about whether a bullet-proof backpack for a six-year-old (!) is a good use of $200 when basically almost anything else would be a better Christmas present.

Sadly, we are now far from that day. The federal regulator in charge of guns works part-time, and lobbying by the National Rifle Association has blocked all attempts to confirm a permanent executive to the post, holding up Senate confirmations under two Administrations. As I wrote in my last post, and as further explained here, the NRA’s efforts have also meant that the agency is poorly funded and equipped for its assignment, legally unable to even collect basic data on the number and type of guns sold, to keep them out of the hands of people deemed mentally incompetent by another government agency, or to evolve new and better monitoring systems.

Sensible safety measures regarding gun sales will save the lives of children in all of our communities. A recent Children’s Defense Fund report dedicated to Trayvon Martin that examined gun-related deaths in 2008 and 2009 found the following shocking facts:

  • The total number of preschool-age children killed by guns during those years — 173 — was nearly double the number of law-enforcement officers — 89 — killed in the line of duty.
  • African-American children and teens represented 45 percent of all guns deaths in their age group in 2008 and 2009, but only 15 percent of the total U.S. population of children.
  • The top cause of death for black teens ages 15 to 19 was gun homicide, while for white teens it was motor vehicle accidents followed by gun homicides.
  • More children and teens died from gunfire in 2008 and 2009 — 5,750 — than the number of U.S. military personnel killed in action in Iraq and Afghanistan.
  • Among 23 high-income countries in the world scholars have studied, the United States is home to 80 percent of all gun deaths, and 87 percent of all gun deaths of children younger than 15.

The risks to our children and their safety from our virtually unrestricted trade in guns is indisputable, and the chance to act is now. Despite how it seems after the fact, no safety or public health advance is easy or lacking in controversy at the time. Yet such moments present an opportunity to speak to people in a compelling way about how communities — and families — must come together to save lives and protect our children from harm.

With a record-high 53 percent of American voters saying in a new poll that the Republican party is now “too extreme” and public polls showing widespread support for restrictions, it’s also an opportunity for more reasonable lawmakers to lead by showing that they are willing to put public safety ahead of their political backers and the profits of the gun industry. Caring for our children is a bi-partisan activity: it’s about time it looked like one.