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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
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