Our Toxic Status Quo

"We now know that hundreds of chemicals have properties of concern to human health. And, moreover, we have evidence that we are being exposed to them in ways that we were not decades ago," said Richard Denison, lead senior scientist at the Environmental Defense Fund.

Here's the good news: An astonishing bipartisan coalition of senators, assembled by David Vitter of Louisiana and Tom Udall of New Mexico, is pushing an overhaul of the law, the culmination of a decade-long effort launched by the late Sen. Frank Lautenberg, D-N.J.

The Senate Environment and Public Works Committee approved it last week, by a vote of 15-5. When Jim Inhofe, R-Okla., and Jeff Merkley, D-Ore., agree on something beyond what to name a post office, that's an achievement.

The confluence of interests that produced this progress stems from the ramped-up activity of state regulators in the absence of federal oversight, and the chemical industry's preference for a federal rule rather than patchwork, and potentially more burdensome, state edicts.

But this impetus for action also reflects the biggest disagreement over the proposal -- over the degree to which the federal law would pre-empt state regulation. This dispute that has split the environmental movement and spurred the environment panel's ranking member, California Sen. Barbara Boxer, not only to vote against the measure in committee but to threaten a filibuster on the floor.

The chemical industry would prefer to have a federal law that entirely pre-empts state regulation. The compromise worked out by Vitter and Udall would allow existing state protections against hazardous chemicals to remain in place; states would remain free to impose additional regulations unless and until EPA decided to launch a review.

Not perfect, but about as good as it is going to get with a Republican Congress that isn't disappearing anytime soon. Meanwhile, as with the blowup of climate change legislation in 2009, congressional failure now could mean no action for years.

"The risks are substantial that we will likely lose the best opportunity we've had in a generation," said the EDF's Denison. Then, he said, "we go back to a status quo that everybody agrees is a failure."

And that would be truly appalling.

========

Ruth Marcus' email address is ruthmarcus@washpost.com.