The Case for Compromise

The Safer Chemicals, Healthy Families coalition, however, which includes such major environmental groups as the Natural Resources Defense Council and Earthjustice, opposed the Senate bill. In a blog post, Andy Igrejas, who heads the coalition, listed provisions that he described, essentially, as gifts to the chemical industry. His coalition had thrown out E.D.F., a founding member, over the issue in 2013; now it was Moms Clean Air Force’s turn.

“They were supporting a Senate bill everyone else opposed,” Igrejas said when I asked him why. “You couldn’t do that and stay in the coalition.” He added, “At every point along the way, Fred [Krupp] would say, ‘You can’t let the perfect be the enemy of the good. Blah, blah, blah.’”

Igrejas believes that the bill, which his coalition still opposes, despite the many improvements, is better only because he and others came out so strongly against it. (I should note that the coalition supports a much narrower House bill.) The E.D.F.-Moms Clean Air Force view is that the bill got better because they were willing to roll up their sleeves and make common cause with conservative senators like Vitter and chemical industry lobbyists.

“We have always been clear that the way to get this done is to work in a bipartisan manner to support both Democrats and Republicans who were trying to solve the problem of the old law not working,” said Richard Denison, E.D.F.’s point person on the chemical bill. “And while lending our support, we also asked for improvements.” Which they got.

The bill doesn’t give environmentalists everything they want. There are thousands of unregulated chemicals, yet the bill calls for the E.P.A. to look at a minimum of only 25 during the first five years after the bill becomes law. But it hardly gives the industry everything it wants, either: Chemicals that were once unregulated would now face the prospect of serious restrictions on their use.

The biggest issue is around something called “pre-emption” — meaning that states will not be able to write laws about certain chemicals if the E.P.A. starts a formal review of that chemical. Because some states, like California, are much tougher on chemicals than the federal government has been, many environmentalists don’t want any federal pre-emption. But the chemical industry, tired of dealing with different state standards, insisted on it.

The Senate bill offers a reasonable compromise that says that if the E.P.A. doesn’t act within a certain time frame, states can act on their own. This provision, notes Denison, is “an important backstop” that would prevent companies from seeking to delay E.P.A. action as long as possible.

“I could sit in my office and write a perfect bill, but it wouldn’t be one that could become law in the United States,” said Krupp. “The question isn’t whether it is perfect. The question is whether it is a really good bill. We think it is.”

Browning had another point: “If you live in California, then of course you don’t want pre-emption. But what about the rest of us poor moms who aren’t protected by serious state laws?” For them, the Senate bill’s compromises would improve their lives.

Proving, I think, that the perfect really is the enemy of the good.

Blah, blah blah notwithstanding.

Correction: October 6, 2015

An earlier version of this column incorrectly described a Senate bill about the Toxic Substances Control Act. It calls for the E.P.A. to look at a minimum of 25 chemicals in the first five years after the bill becomes law, not only 25 chemicals.

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