WhoWhatWhy's Podcasts

WhoWhatWhy's Podcasts

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WhoWhatWhy's Podcasts episodes

  • Appeals Court Upholds Order Blocking Keystone XL Work

    The controversial Keystone XL pipeline is not dead yet.

    On March 15 the Ninth Circuit Court of Appeals upheld a lower court injunction that blocks construction of the proposed pipeline. This important decision, which has received little media coverage, is expected to be appealed to the Supreme Court.

    Our podcast guest today is Stephan Volker, the veteran environmental lawyer who represents the lead plaintiffs in the case: the North Coast Rivers Alliance and the Indigenous Environmental Network. The injunction was issued by a federal judge in Montana last November, and the appeals court found that TransCanada is "not likely to prevail on the merits."

    At this stage, construction of the pipeline is completely halted. Volker expects TransCanada, in its appeal to the Supreme Court, to argue that the "presidential permit" issued by Donald Trump is not reviewable by the courts, effectively placing an act of the president above the law.

    Volker, based in Berkeley, CA, served for many years at the Sierra Club Legal Defense Fund and EarthJustice. He's litigated over 300 environmental cases in his career.

    23 min
  • Appeals Court Upholds Order Blocking Keystone XL Work

    The controversial Keystone XL pipeline is not dead yet.

    On March 15 the Ninth Circuit Court of Appeals upheld a lower court injunction that blocks construction of the proposed pipeline. This important decision, which has received little media coverage, is expected to be appealed to the Supreme Court.

    Our podcast guest today is Stephan Volker, the veteran environmental lawyer who represents the lead plaintiffs in the case: the North Coast Rivers Alliance and the Indigenous Environmental Network. The injunction was issued by a federal judge in Montana last November, and the appeals court found that TransCanada is “not likely to prevail on the merits.”

    At this stage, construction of the pipeline is completely halted. Volker expects TransCanada, in its appeal to the Supreme Court, to argue that the “presidential permit” issued by Donald Trump is not reviewable by the courts, effectively placing an act of the president above the law.

    Volker, based in Berkeley, CA, served for many years at the Sierra Club Legal Defense Fund and EarthJustice. He’s litigated over 300 environmental cases in his career.

    23 min
  • How Public-Private Partnerships Are Killing Us

    The FAA's decision allowing Boeing to do its own safety assessments — while the company president told President Trump that all was fine with the 737 Max — raises serious questions about the effectiveness of regulatory agencies charged with protecting our health and safety.

    In another critical public health area, the government has virtually partnered with the pharmaceutical industry to deal with the opioid crisis. It's a lot like asking the arsonist to help put out the fire he started.

    According to Jonathan Marks, a bioethicist at the Penn State University, and our guest on this week's WhoWhatWhy podcast, this is a troubling and dangerous trend that's become more pronounced in recent years.

    He reminds us of how and why the government was so slow to respond to the faulty ignition switches in many GM cars, why exploding gas tanks went unrepaired, why tobacco deaths went unchecked for so long, and why government fails to take climate change seriously.

    The reason in each case: The government's regulatory agencies felt the need to work with business in public-private partnerships. This has cost the lives of thousands.

    Marks says much of this was based on the misguided idea that we needed less conflict between the public and private sectors, and that by working together, more could be accomplished. Marks contends nothing could be further from the truth.

    He argues that, even in the face of campaign donations and lobbying efforts, conflict between government and corporations needs to be maximized, and that only when companies are profoundly unhappy with the regulators, is it clear that regulators are doing their job. It's something to think about before getting on a plane, or taking that next prescription.

    23 min
  • How Public-Private Partnerships Are Killing Us

    The FAA’s decision allowing Boeing to do its own safety assessments — while the company president told President Trump that all was fine with the 737 Max — raises serious questions about the effectiveness of regulatory agencies charged with protecting our health and safety.

    In another critical public health area, the government has virtually partnered with the pharmaceutical industry to deal with the opioid crisis. It’s a lot like asking the arsonist to help put out the fire he started.

    According to Jonathan Marks, a bioethicist at the Penn State University, and our guest on this week’s WhoWhatWhy podcast, this is a troubling and dangerous trend that’s become more pronounced in recent years.

    He reminds us of how and why the government was so slow to respond to the faulty ignition switches in many GM cars, why exploding gas tanks went unrepaired, why tobacco deaths went unchecked for so long, and why government fails to take climate change seriously.

    The reason in each case: The government’s regulatory agencies felt the need to work with business in public-private partnerships. This has cost the lives of thousands.

    Marks says much of this was based on the misguided idea that we needed less conflict between the public and private sectors, and that by working together, more could be accomplished. Marks contends nothing could be further from the truth.

    He argues that, even in the face of campaign donations and lobbying efforts, conflict between government and corporations needs to be maximized, and that only when companies are profoundly unhappy with the regulators, is it clear that regulators are doing their job. It’s something to think about before getting on a plane, or taking that next prescription.

    23 min

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