Trump order targets wide swath of public assistance programs

The Trump administration is seeking to completely revamp the country’s social safety net, targeting recipients of Medicaid, food stamps and housing assistance.

Trump is doing so through a sweeping executive order that was quietly issued earlier this week – and that largely flew under the radar.

It calls on the Departments of Health and Human Services, Housing and Urban Development, Agriculture and other agencies across the federal government to craft new rules requiring that beneficiaries of a host of programs work or lose their benefits.

Trump argued with the order, which has been in the works since last year, that the programs have grown too large while failing to move needy people out of government help.

“Since its inception, the welfare system has grown into a large bureaucracy that might be susceptible to measuring success by how many people are enrolled in a program rather than by how many have moved from poverty into financial independence,” it states.

The order is directed at “any program that provides means-tested assistance or other assistance that provides benefits to people, households or families that have low incomes.”

Democrats have blasted the effort, arguing the order blends the issues of welfare and broader public assistance programs in a deliberate way they say is intended to lower support for popular initiatives.

“Welfare” has historically been used to describe cash assistance programs like Temporary Assistance for Needy Families. Democrats and liberal activists say the Trump administration is seeking to expand the definition of welfare to mean food stamps, Medicaid and other programs as a way to demonize them.

“This executive order perpetuates false and racist stereotypes about certain groups supposedly taking advantage of government assistance,” House Democratic Whip Steny Hoyer (Md.) and Rep. Barbara Lee (D-Calif.) said in a joint statement reacting to the order.

President Trump “is trying to erect a smokescreen in the shape of Reagan’s ‘welfare queen’ so people don’t see he’s coming after the entire middle and working class,” said Rebecca Vallas, managing director of the Center for American Progress’s Poverty to Prosperity Program.

Welfare reform has long been a goal of GOP lawmakers, and there’s broad support in the Republican conference for changing the federal safety net to impose stricter work requirements and block grant state funding for programs like Medicaid and food stamps.

While noting that he hadn’t seen the specific text of the executive order, Rep. Tom Cole (R-Okla.) said he supports the concept.

“For able-bodied, single adults, I certainly favor work requirements,” Cole said.

With Republicans in total control of the government, conservatives have been hoping for a major legislative push to overhaul federal assistance programs.

Speaker Paul Ryan (R-Wis.) late last year said he wanted Republicans to work on entitlement reform, with a focus on promoting work and career-based education.

“We want to smooth the path from welfare to work, pull people out of poverty, pull people out of welfare,” Ryan said in December.

Robert Rector, a senior research fellow at the Heritage Institute, said the executive order is meant to signal support to congressional Republicans.

“[Administration officials] have been talking to Congress, and the executive order is designed to set the table for them,” Rector said. “Do what they can in the executive branch, and give support to similar efforts on the Hill.”

But a short legislative calendar and a slim Republican majority in the Senate mean the administration may be largely on its own.

Agencies are limited in what changes they can make to their programs, so comprehensive welfare reform may be off the table without major legislation.

Republicans have already acknowledged they won’t be able to cut spending on entitlement programs like Medicare, Medicaid and Social Security.

“I think it’s very tough to get this thing through the Senate when it requires 60 votes. I certainly don’t have any problem with the president taking initiative,” Cole said.

The executive order doesn’t set any new policy, but Center for American Progress’s Vallas said the order is important as a messaging document, and it shows that Trump is willing to act without Congress.

“This is more of President Trump not being content to wait for Congress to dismantle these programs. This is him wanting to take matters into his own hands,” Vallas said.

The order follows policy shifts already underway at various agencies.

Health and Human Services officials have encouraged states to pursue work requirements for Medicaid beneficiaries. Arkansas, Indiana and Kentucky have already been granted such waivers, and several other states have waivers pending with the administration.

Earlier this year, the Agriculture Department sought input on “innovative ideas to promote work and self-sufficiency among able-bodied adults” participating in the food stamp program.

In Congress, House Republicans unveiled a provision in the 2018 farm bill to expand mandatory work requirements in the food stamp program. The broader legislation will be marked up later this month, but it faces a long uphill battle.

The administration’s effort could also face legal challenges. Medicaid advocates in Kentucky have already sued over the work requirements, and additional safety net changes could provoke even more lawsuits.

[The Hill]

The Trump administration wants to let bosses keep their workers’ tips

The Trump administration has kept its promise to let companies do business with less government oversight. From the Environmental Protection Agency to the Department of Health and Human Services, the administration has rolled back rules on oil companies, banks, and health insurance companies.

Trump’s efforts could soon reach your neighborhood restaurant, barbershop, and nail salon. One of the administration’s major deregulation efforts is currently underway at the Department of Labor — and if implemented, it could potentially hurt millions of American workers who get tips as part of their jobs.

The agency is considering a new rule that would give employers unprecedented control over what to do with a worker’s gratuities. The rule, which the agency proposed in December, would repeal an Obama-era regulation that made official what had been the common view for decades: that tips are the sole property of the workers who earn them. It would essentially allow employers to use their workers’ tips for tip-pooling arrangements, provided their workers make the minimum wage.

If the new rule is finalized, it would be a boon to the restaurant industry, which has been fighting for years to control how servers’ tips are distributed.

“This is a major departure from how the DOL has always interpreted the law,” said Judith Conti, the federal advocacy coordinator for the National Employment Law Project. “It sets policy for all tipped workers: parking attendants, car washers, airport valets, taxi drivers, hotel bellhops.”

The rule would have an immediate effect in at least six states, including Arizona and Nevada, where employers are required to pay the full minimum wage to all tipped workers. (Under federal law, the minimum wage for tipped workers is only $2.13; the full minimum wage is $7.25.)

But even states that don’t require the full minimum wage for tipped workers will be affected. Workers who earn the full minimum wage but still count on tips to supplement their pay — such as barbers and nail technicians — could see their take-home pay affected. (According to one estimate, there are 4.3 million tipped workers in the US.)

The rule would also create an incentive for some restaurant owners in those states to pay servers the full $7.25 hourly minimum wage. That might sound like good news for servers who make only the tipped-worker minimum wage of $2.13 per hour — but if those workers normally make enough tips to push their pay above $7.25, the new rule would allow their employers to take any tips they earn above minimum wage, effectively lowering their take-home pay. Including tips, the average hourly wage for restaurant servers in the United States was $11.73 in 2016.

The new rule would allow restaurant owners to do two things in particular. First, it would let employers collect the servers’ tips into a pool that would be shared with back-of-the-house workers — dishwashers, cooks, etc. — who have to be paid the regular minimum wage and aren’t typically tipped. Restaurant owners say that back-of-the-house workers should get a share of the tips because they contribute to a customer’s overall experience, but labor rights groups and servers argue that restaurant owners should just pay those workers better, instead of using servers’ tips to subsidize their pay.

But the second way employers could use the tips goes even further than expanding this type of tip pooling. The rule lists examples of how else employers could use a worker’s gratuities: to renovate their restaurants, lower menu prices, or hire more workers. In other words, it allows restaurant owners to keep the tips for themselves.

The proposal immediately triggered outrage among restaurant servers and labor rights groups, who flooded the Department of Labor with thousands of comments.

The Economic Policy Institute, a left-leaning think tank, estimates that the rule would likely transfer about $5.8 billion in tips each year from workers to their bosses — about 16.1 percent of all their tips. Labor Secretary Alexander Acosta reportedly tried to hide an internal analysis showing that the rule could take $640 million from workers (an initial analysis showed it would actually take billions of dollars), according to a Bloomberg investigation. Now the agency’s inspector general is investigating the allegations.

“It’s really, really troubling,” said Sharon Block, a law professor at Harvard who worked at the Department of Labor under the Obama administration and who helped develop the Obama-era rule clarifying that tips were the property of the workers who earned them. “This is no small thing for people who really can’t afford to be subsidizing their employers.”

Despite the backlash, the Department of Labor is still considering implementing the new rule. A spokesperson for the department said the agency is currently in the process of reviewing more than 375,000 public comments it received.

[Vox]

Trump to consider elephant trophy imports on ‘case-by-case’ basis

The Fish and Wildlife Service (FWS) announced last week that it will now consider all permits for importing elephant trophies from African nations on a “case-by-case basis,” breaking from President Trump’s earlier promises to maintain an Obama-era ban on the practice.

In a formal memorandum issued on Thursday, FWS said it will withdraw its 2017 Endangered Species Act (ESA) findings for trophies of African elephants from Zimbabwe and Zambia, “effective immediately.”

The memo said “the findings are no longer effective for making individual permit determinations for imports of sport-hunted African elephant trophies.”

In its place, FWS will instead “grant or deny permits to import a sport-hunted trophy on a case-by-case basis.”

FWS said it will still consider the information included in the ESA findings, as well as science-based risk assessments of the species’ vulnerability, when evaluating each permit request.

The service also announced it is withdrawing a number of previous ESA findings, which date back to 1995, related to trophies of African elephants, bontebok and lions from multiple African countries.

The decision to withdraw the FWS findings followed a D.C. Circuit Court decision in December that found fault with the initial Obama-era rule, which banned importing elephant hunting trophies from Zimbabwe.

“In response to a recent D.C. Circuit Court’s opinion, the U.S. Fish and Wildlife Service is revising its procedure for assessing applications to import certain hunted species. We are withdrawing our countrywide enhancement findings for a range of species across several countries,” a spokesperson for FWS said in a statement. “In their place, the Service intends to make findings for trophy imports on an application-by-application basis.”

A federal appeals court ruled at the end of last year that the Obama administration did not follow the right procedures when it drafted its ban on the imports. The court also said the FWS should have gone through the extensive process of proposing a regulation, inviting public comment and making the regulation final when it made determinations in 2014 and 2015 that elephant trophies cannot be brought into the country.

The agency used the same procedures as the Obama administration for its ESA determination in 2017 that led to reopening African elephant imports to the U.S. in November.

At the time, a FWS spokesperson said the reversal “will enhance the survival of the species in the wild.”

Following the fall announcement to overturn the ban, the Trump administration faced immense backlash, which played a role in leading the president to denounce elephant hunting and promise to re-establish the ban.

Trump in February called the administration’s initial decision to overturn the Obama-era ban “terrible.”

In an interview with British journalist Piers Morgan, Trump said he had decided to officially turn the order around.

“I didn’t want elephants killed and stuffed and have the tusks brought back into this [country] and people can talk all they want about preservation and all of the things that they’re saying where money goes towards well, money was going in that case, going to a government which was probably taking the money, OK?” Trump said.

Despite the president’s tweets and interviews, however, FWS and the Interior Department remained tight-lipped as to the status of the ban. Numerous requests for information to FWS from The Hill over several months were referred to Interior and left unanswered.

“The president has been very clear in the direction that his administration will go,” the FWS spokesperson said of the new memorandum. “Unfortunately, since aspects of the import permitting program for trophies are the focus of ongoing litigation, the Department is unable to comment about specific next steps at this time.”

Nine days before FWS added the reversal to the Federal Register, the Interior Department announced that it was establishing an International Wildlife Conservation Council to “advise the Secretary of the Interior on the benefits that international recreational hunting has on foreign wildlife and habitat conservation.”

Interior Department Spokeswoman Heather Swift said Tuesday that Zinke and the President’s positions remain unchanged.

“The recent FWS posting on the website does not break any promises. In response to a recent D.C. Circuit Court opinion, the U.S. Fish and Wildlife Service is revising its procedure for assessing applications to import certain hunted species,” she said.

The council will hold its first meeting next week on March 16.

[The Hill]

Trump administration ends EPA clean air policy opposed by fossil fuel companies

The Trump administration announced Thursday it is doing away with a decades-old air emissions policy opposed by fossil fuel companies, a move that environmental groups say will result in more pollution. The Environmental Protection Agency (EPA) said it was withdrawing the “once-in always-in” policy under the Clean Air Act, which dictated how major sources of hazardous air pollutants are regulated.

Under the EPA’s new interpretation, such “major sources” as coal-fired power plants can be reclassified as “area sources” when their emissions fall below mandated limits, subjecting them to differing standards.

Though formal notice of the reversal has not yet been filed, EPA said the policy it has followed since 1995 relied on an incorrect interpretation of the landmark anti-pollution law.

“This guidance is based on a plain language reading of the statute that is in line with EPA’s guidance for other provisions of the Clean Air Act,” said Bill Wehrum, assistant administrator of EPA’s Office of Air and Radiation. “It will reduce regulatory burden for industries and the states, while continuing to ensure stringent and effective controls on hazardous air pollutants.”

Prior to his confirmation by the GOP-dominated Senate in November, Wehrum worked as a lawyer representing fossil fuel and chemical companies. The American Petroleum Institute was among the industry groups that had called for the longstanding policy to be scraped.

The Clean Air Act defines a “major source” as one that has the potential to emit 10 tons or more per year of any hazardous air pollutant, or 25 tons per year of any combination of hazardous air pollutants. For more than 20 years, EPA’s “once-in always-in” required major sources to remain subject to stricter control standards, even if they took steps to reduce their pollution below the threshold.

Republicans quickly cheered the move by EPA Administrator Scott Pruitt, especially those from states that produce oil, gas and coal.

“The EPA’s decision today is consistent with President Trump’s agenda to keep America’s air clean and our economy growing,” said Senate Environment Committee Chairman John Barrasso of Wyoming. “Withdrawal of this policy means manufacturers, oil and gas operations, and other types of industrial facilities will have greater incentive to reduce emissions.”

Environmentalists predicted the change would drastically weaken limits on toxic heavy metals emitted from power-plant smokestacks.

“This is among the most dangerous actions that the Trump EPA has taken yet against public health,” said John Walke, the director for clean air issues at the Natural Resources Defense Council. “Rolling back longstanding protections to allow the greatest increase in hazardous air pollutants in our nation’s history is unconscionable.”

John Coequyt, who leads climate policy initiatives for the Sierra Club, said the move will lead directly to dirtier air and more deaths.

“Trump and Pruitt are essentially creating a massive loophole that will result in huge amounts of toxic mercury, arsenic, and lead being poured into the air we breathe, meaning this change is a threat to anyone who breathes and a benefit only to dangerous corporate polluters,” Coequyt said.

[CBS News]

Trump moves to weaken black lung protections

President Donald Trump is considering weakening a regulation intended to protect the health of one of the demographics he has often claimed to care most about — America’s coal miners.

A notice labeled “Regulatory Reform of Existing Standards and Regulations; Retrospective Study of Respirable Coal Mine Dust Rule” was published on Thursday by the White House for the Labor Department’s Mine Safety and Health Administration, according to the Charleston Gazette-Mail. The stated purpose of the reevaluation would be to determine how a 2014 rule passed under President Barack Obama regulating coal miners’ exposure to coal dust “could be improved or made more effective or less burdensome.”

When the rule was first implemented, it utilized new technologies and increased sampling in mines so that workers would have real-time information about dust levels. This would in turn allow both the miners and operators to minimize the chances that workers would be overexposed to coal dust, which has caused an epidemic of black lung disease among coal miners.

In spite of a 1969 law that increased coal mine safety requirements, more than 76,000 coal miners throughout America died of black lung disease between 1968 and 2014. Many of those deaths occurred among coal miners whose entire mining careers took place after the 1969 law had taken effect.

In response to the announcement that the coal dust rule would be reevaluated, the National Mining Association released a statement saying, “While we’ve not had any discussions with the agency regarding the retrospective study, we think it might shed valuable information on operation of the rule since its promulgation and ways it might be improved to provide further protection for miners while eliminating unnecessary implementation requirements for operators.”

Meanwhile a spokesman for mining company Murray Energy — whose owner, Bob Murray, was a major Trump backer in the 2016 election — released a statement saying that it is “pleased that the Federal Mine Safety and Health Administration is reexamining the Obama administration’s Respirable Dust Rule, which fails to protect coal miners in any way.”

Although coal mining has been on the decline in Appalachia over the past few years, that isn’t as a result of Trump’s policies. Part of that is something Trump can’t control. And part of it is something Trump doesn’t want to control. The chief struggle facing coal miners is that natural gas, solar and wind power can outcompete coal due to their low cost and abundance. Making matters worse for coal miners themselves, the coal mining jobs are often the best-paying ones in their area, and job retraining programs have a spotty track record of actually helping individuals who use them.

This latest policy undermines Trump’s longstanding claim to be an ally of coal miners, which he bragged about when he pulled out of the Paris climate accord. “I happen to love the coal miners,” Trump proclaimed at the time.

Trump may have let his true feelings about coal miners be known during a Playboy interview in 1990, however.

“The coal miner gets black-lung disease, his son gets it, then his son,” Trump told Playboy. “If I had been the son of a coal miner, I would have left the damn mines. But most people don’t have the imagination — or whatever — to leave their mine. They don’t have ‘it.'”

[Salon]

Trump repeals consumer arbitration rule, wins banker praise

President Trump on Wednesday signed a repeal of the Consumer Financial Protection Bureau’s rule on forced arbitration, winning praise from banking and business groups.

Trump approved the resolution to repeal the CFPB rule, meant to prevent banks and credit card companies from blocking customers from joining class-action lawsuits against them, in a private Oval Office signing.

The House passed a resolution to repeal the rule in July, which passed the Senate two weeks ago.

Trump was joined by the heads of several banking lobbying groups that opposed the CFPB rule, contending it would kill cheaper options for consumers while enriching trial lawyers.

The chiefs of the Consumer Bankers Association, Independent Community Bankers of America, National Association of Federally-Insured Credit Unions and several other groups attended the signing.

The arbitration rule repeal is a major victory for finance and business groups, which promised to fight the measure soon after it was released in July. Critics say the rule went too far in restricting arbitration based on a CFPB study they consider flawed and misleading.

“Arbitration is a well-established and tested process that offers better results for consumers and helps avoid frivolous class-action suits,” said Independent Community Bankers of America President Camden Fine.

“[Independent Community Bankers of America] thanks the president for swiftly signing this measure into law because it preserves community banks’ contractual right to pursue fair and timely resolution through arbitration and avoid prohibitively expensive and protracted litigation.”

Richard Hunt, Consumer Bankers Association president and CEO, said the arbitration rule “was about protecting trial lawyers and their wallets,” praising Trump and Congress for ensuring “consumers have the necessary tools to receive relief without going through drawn-out class action proceedings.”

Dan Berger, National Association of Federally-Insured Credit Unions president and CEO, said the group “was honored to have been invited to the White House to watch the undoing of a rule that likely would have had negative effects on the credit union industry.”

Democrats and the CFPB criticized Trump, claiming he sides with banks over consumers. They’ve long called for action on forced arbitration, which they say denies fraud victims basic legal rights, and the CFPB rule was the most ambitious effort to regulate the practice.

CFPB Director Richard Cordray said “in signing this resolution, the president signed away consumers’ right to their day in court.”

“This action tips the scales of justice in favor of Wall Street banks less than 10 years after they caused the financial crisis,” said Cordray, who asked Trump on Monday to spare the rule. “By blocking our arbitration rule, this action makes it nearly impossible for ordinary people to stand up for themselves against corporate giants like Wells Fargo and Equifax.

“Now more than ever, it is critical that the Consumer Bureau remain a strong check on financial companies,” he said.

Better Markets, a nonprofit aligned with the CFPB, said, “Today, the Trump administration and Republicans in Congress have made it clear, they are on the side of Wall Street banks not Main Street consumers.”

Rep. Tim Ryan (D-Ohio) called Trump’s repeal “a disgrace,” tweeting that “If [Trump] cared about working people he’d veto this swampy legislation.”

[The Hill]

Interior Dept. Halts Study Into Appalachian Mining Technique’s Likely Health Hazards

The Trump administration has halted a study of the health effects of a common mining technique in Appalachia, which is believed to deposit waste containing toxic minerals in ground waters.

A letter from the Interior Department directed the National Academies of Sciences, Engineering and Medicine to “cease all work” on a study of the potential health risks of mountaintop removal mining for people living near surface coal mine sites in central Appalachia. The Interior Department acknowledged in a statement that it had “put on hold” $1 million in funding for the two-year project as part of a review of its grants, which is focused on “responsibly using taxpayer dollars.”
“The Trump Administration is dedicated to responsibly using taxpayer dollars and that includes the billions of dollars in grants that are doled out every year by the Department of the Interior,” the statement said.

Still, the National Academies — a nongovernmental institution that researches and advises the government on science and technology — plans to move forward with part of the research, and will hold previously scheduled public meetings this week in Kentucky, the Academies said in a statement.

Political reaction was swift to the Trump administration’s decision to suspend the study of “the potential relationship between increased health risks and living in proximity to sites that have been or are being mined or reclaimed for surface coal deposits,” which began last year and was expected to take two years to complete.

“Mountaintop removal mining has been shown to cause lung cancer, heart disease, and other medical problems,” Democratic Rep. Raul Grijalva of Arizona, the ranking democrat on the House Committee of Natural Resources, said in a statement.
“Clearly this administration and the Republican Party are trying to stop the National Academy of Sciences from uncovering exactly how harmful this practice is,” Grijalva said.

“It’s infuriating that Trump would halt this study on the health effects of mountaintop removal coal mining, research that people in Appalachia have been demanding for years,” said Bill Price, Senior Appalachia Organizing Representative for environmental advocacy group Sierra Club’s Beyond Coal campaign.

[CNN]

EPA Dismisses Five Scientists from Major Review Board

The Environmental Protection Agency (EPA) has dismissed at least five academic members of one of its scientific review boards and may replace them with representatives from industries the EPA regulates, according to The New York Times.

A spokesperson for EPA Administrator Scott Pruitt said Pruitt is considering replacing the five scientists with representatives of industries whose pollution the EPA polices.

“The administrator believes we should have people on this board who understand the impact of regulations on the regulated community,” spokesperson J.P. Freire told The Times.

It’s the latest in a string of controversial moves by the agency in recent weeks. The agency has removed several pages about climate change from its website and has proposed shuttering a regional office that oversees environmental regulation in several states.

Trump has also signed several executive orders that impact the environment, including rolling back former President Barack Obama’s climate change policies and expanding offshore drilling.

(h/t The Hill)

Trump Unwinding Michelle Obama’s School Lunch Program Rules

Agriculture Secretary Sonny Perdue took steps Monday to roll back healthy school lunch standards promoted by former first lady Michelle Obama in one of his first regulatory acts.

In an interim final rule, aimed at giving schools more flexibility, Perdue and his department are postponing further sodium reductions for at least three years and allowing schools to serve non-whole grain rich products occasionally as well as 1 percent flavored milk.

The rule allows states to exempt schools in the 2017-2018 school year from having to replace all their grains with whole-grain rich products if they are having a hard time meeting the standard.

USDA said it will take “all necessary regulatory actions to implement a long-term solution.”

“This announcement is the result of years of feedback from students, schools, and food service experts about the challenges they are facing in meeting the final regulations for school meals,” Perdue said in a statement.

“If kids aren’t eating the food, and it’s ending up in the trash, they aren’t getting any nutrition – thus undermining the intent of the program.”

Sodium levels in school lunches now must average less than 1,230 milligrams in elementary schools; 1,360 mg in middle schools; and 1,420 mg in high school.

Before Perdue’s rule, schools were expected to reduce sodium even further to average less than 935 milligrams in elementary schools, 1035 milligrams in middle school lunches and 1,080 in high school lunches by the week by July 1, 2017.

Further reductions were set to take effect by July 1, 2022.

Perdue made the announcement Monday with Sen. Pat Roberts (R-Kan.), who has long been working to ease the standards.

“We worked really hard the last two years to provide flexibility, but after unanimously passing a bipartisan bill out of Committee, our effort stalled,” he said in a statement.

“The policies that Secretary Perdue has declared here today will provide the flexibility to ensure that schools are able to serve nutritious meals that children will actually eat. Because that is really what these programs are about: serving meals to hungry children so that they can learn and grow.”

The School Nutrition Association, which represents nutrition directors at schools across the country, was quick to praise Perdue. The group has been lobbying Congress for more flexibility in what the have called “overly prescriptive regulations.”

SNA claims less kids are buying lunch because they no longer like the food and schools are being forced to spend more money on lunches that largely end up in trash.

The former standards required all grains, including croutons and the breading on chicken patties, to be whole grain rich.

“School Nutrition Association is appreciative of Secretary Perdue’s support of school meal programs in providing flexibility to prepare and serve healthy meals that are appealing to students,” the group’s CEO Patricia Montague said in a statement.

“School nutrition professionals are committed to the students they serve and will continue working with USDA and the Secretary to strengthen and protect school meal programs.”

Health groups, meanwhile, claim the standards are working and that 99 percent of schools are in compliance.

“Improving children’s health should be a top priority for the USDA, and serving more nutritious foods in schools is a clear-cut way to accomplish this goal,” the American Heart Association CEO Nancy Brown said in a statement Friday ahead of USDA’s action.

(h/t The Hill)

Dow Chemical Donates $1 Million to Trump, Asks Administration to Ignore Pesticide Study

Chlorpyrifos, diazinon, and malathion are a group of pesticides that are a big money-maker for Dow Chemical, with the company selling approximately 5 million pounds of chlorpyrifos in the U.S. each year, according to the Associated Press. Dow Chemical, however, has a small problem on its hands, and it’s not the fact that the pesticide was “originally derived from a nerve gas developed by Nazi Germany,” per the AP, though that’s certainly not great for marketing materials. In this case, it’s the fact that studies by federal scientists have found that chlorpyrifos, diazinon, and malathion are harmful to almost 1,800 “critically threatened or endangered species.” Historically, groups like the Environmental Protection Agency would want to avoid killing frogs, fish, birds, mammals, and plants, which is why the regulator and two others that it works with to enforce the Endangered Species Act are reportedly “close to issuing findings expected to result in new limits on how and where the highly toxic pesticides can be used,” the AP reports.

Luckily for Dow, the E.P.A. is now run by climate-change skeptic and general enemy of living things Scott Pruitt, who last month said he would reverse “an Obama-era effort to bar the use of Dow’s chlorpyrifos pesticide on food after recent peer-reviewed studies found that even tiny levels of exposure could hinder the development of children’s brains.” Plus, Dow Chemical C.E.O. Andrew Liveris is good buddies with President Donald Trump. So, you can see how the company, which the AP reports also spent $13.6 million on lobbying last year, might feel like it is in the clear.

According to the AP, lawyers representing Dow and two other companies that manufacture the pesticides in question (known as organophosphates) have sent letters to the heads of the E.P.A, the Department of Commerce, and the Fish and Wildlife Service, asking them to “set aside” the results of the studies, claiming that they are “fundamentally flawed.” Not surprisingly, the scientists hired by Dow “to produce a lengthy rebuttal to the government studies” have come up with diverging results.

In addition to Pruitt’s long history of, per the AP, aligning “himself in legal disputes with the interests of executives and corporations,” Dow has another reason to be hopeful the government will conveniently ignore any lingering concerns about killing off entire species: Andrew Liveris is a close adviser to Donald Trump who was literally standing next to the president in February when he signed an executive order “mandating the creation of task forces at federal agencies to roll back government regulations.”

Dow also donated $1 million to underwrite Trump’s inaugural festivities, the AP reports, but God help the person who dares to wonder aloud if the check was some sort of an attempt to curry favor with the administration. As Rachelle Schikorra, Dow’s director of public affairs, told the AP, any such suggestion is “completely off the mark.”

(h/t Vanity Fair)

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