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18 United States The Economist April 25th 2020
2 its bearer from getting soaked—particular- Perhaps the opening southern states Environmental regulation
ly because America seems unprepared for will suffer no ill effects. Some lifting of re-
the next stage of the fight. A recent report strictions make sense—Texas has opened Mercury rising
from Harvard’s Safra Centre for Ethics sug- some state parks, for instance, but only for
gests that to safely and fully reopen, Ameri- daytime use, and visitors must make reser-
ca needs 5m tests per day by early June—six vations, wear masks and not gather in
weeks from now—and 20m by late July. groups of more than five people. South Car-
WASHINGTON, DC
That figure would let local health authori- olina’s governor requires shops to admit no The race to dismantle the
ties swiftly catch and isolate asymptomatic more than five people per 1,000 square feet, administrative state continues apace
transmitters whose jobs put them in con- and follow cdc sanitation practices. Per-
tact with vulnerable populations—nurs- haps the virus will fade in warm weather, or s the middle of a global pandemic of co-
ing-home or health-care workers, for in- mutate to become less dangerous. But, as Ivid-19, a respiratory illness, a sensible
stance—or who cannot isolate themselves Mr Frieden says, “it will be a trial-and-error time for America to roll back air-pollution
(people in jails and prisons). Ashish Jha, experiment, and the errors can result in regulations? The White House seems to
who heads Harvard’s Global Health Insti- lost lives” (see Graphic Detail). think so. On April 16th the Environmental
tute, argues that 500,000 tests per day is an Should that happen—should Texans Protection Agency (epa) issued a final rec-
acceptable minimum. and Georgians fall ill and look balefully ommendation that it was no longer “appro-
Throughout April the number of daily northward, or blame their Trump-aligned priate and necessary” to regulate the emis-
tests has averaged around 150,000, with the governors—Mr Trump has pre-emptively sions of mercury and other toxins from
share of positive tests staying around 20%. found a scapegoat. On April 20th he an- coal- and oil-fired power plants. Though
That suggests America is testing only peo- nounced, “In light of the attack from the In- existing limits remain in place for now,
ple who are probably infected (in Taiwan, visible Enemy...I will be signing an Execu- they could well be challenged in court and
for instance, one in every 132 tests is posi- tive Order to temporarily suspend struck down. Excessive exposure to mercu-
tive), which in turn suggests that many immigration into the United States!” In ry in utero produces birth defects and life-
mild or asymptomatic cases are going un- practice this will not change much. With long brain damage in children.
detected. America may have 15 to 20 times visa-processing at embassies suspended, The mercury move is not an aberration.
more actual infected people than con- the northern and southern borders shut to Two weeks before, on March 31st, as the
firmed cases. Material shortages and lab- non-essential travel and court dates for country was transfixed by covid-19, the epa
oratory backlogs, not helped by a lack of co- asylum-seekers postponed, immigration and a federal transport agency finalised an-
ordination and sharply increased demand, has already slowed to a trickle. Court chal- other deregulation—this one to substan-
have hampered America’s testing capacity. lenges will start before Mr Trump’s signa- tially cut fuel-efficiency standards for fu-
Mr Trump’s repeated reassurance that any- ture on the executive order is dry. ture fleets of cars. If these rules ever come
one who wants a test can get one seems to Keeping immigrants out will not make into force, and there will be legal chal-
have stopped firms from making tests in the country healthier. Although immi- lenges to them, they would be consequen-
sufficient quantity (everyone assumed grants comprise 14% of America’s popula- tial. The laxer car rules will, according to
someone else was doing it). Those pro- tion, they account for nearly 30% of its doc- the government’s own projections, lead to
blems seem solvable, but only with deci- tors. Yet the president is arguing in a an additional 923m tonnes of carbon-diox-
sive, concerted federal action. different register. He may not be able to ide emissions. Given that the country as a
America also has a shortage of contact- control the virus, but he has more power to whole emitted 5.4bn tonnes in 2018, the ef-
tracers—people who investigate where choose the territory where the election is fect would be considerable.
someone caught the disease and who else fought. Natives versus foreigners worked Though the two actions represent a con-
he may have infected. Tom Frieden, who well in the past—why not try it again? 7 tinuation of Donald Trump’s effort to un-
headed the Centres for Disease Control ravel existing environmental regulations
(cdc) until 2017, believes America needs of all kinds, the rush now may be prompted
300,000. It currently has around 2,200. Half-in, half-out by a more concrete concern: a somewhat
Some states and cities have begun training Covid-19 lockdown, at April 22nd 2020 arcane law known as the Congressional Re-
more, but not nearly enough (Wuhan alone Comprehensive restrictions on business and travel view Act. This allows Congress to revoke re-
had 9,000). America also lacks places to cently issued regulations without going
isolate the infected so they do not spread Some restrictions Few to no restrictions through the typically lengthy bureaucratic
the virus to their families and neighbours. Easing of restrictions Started Planned* fuss. Before Mr Trump’s presidency, the
Indeed, the federal government’s own By date rule had been used just once before. But in
guidelines suggest that before a state April MT May the early days of his administration, the
reopens, it should see a declining number 17 18 20 24 26 27 1 4 8 Republican-led Congress used it to great ef-
FL MN SC GA CO AL AK PA
of covid-19 cases and positive tests over 14 TX OK MS ID AR RI fect—cancelling Obama-era rules on the
days, and have in place a “robust testing VT TN MI environment, labour and consumer pro-
OH
programme”—criteria that none of the re- AK UT ME tection. The administration seems to be
opening states satisfies. Yet throughout the WI VT NH rushing now to inoculate its actions
pandemic Mr Trump has played both sides: against future repeal, says Ann Carlson, a
WA ID MT ND MN IL MI NY MA
appearing onstage nightly with public- professor of environmental law at the Uni-
health experts and chastising Georgia’s go- OR NV WY SD IA IN OH PA NJ CT RI versity of California, Los Angeles.
vernor for reopening too soon, while also CA UT CO NE MO KY WV VA MD DE Any new regulations—including re-
encouraging anti-lockdown protesters on peals—must be rigorously costed, or else
Twitter; claiming “total” authority while AZ NM KS AR TN NC SC DC they risk being overturned in the courts.
also saying, “I don’t take responsibility at OK LA MS AL GA The environmental rules that the Trump
all.” He seems to want to reap any public- HI TX FL administration is rewriting were signed
health gains from the lockdown while forc- just a few years ago. Their costings then
ing governors to accept culpability for any *States that have announced showed social benefits vastly exceeding
economic hardship. Source: Press reports easing. Dates may change the compliance costs. 1