New on 'Connect the Dots': The Frontline Communities Fighting Back Against Polluting Pipelines

by James Goodwin | February 21, 2019

For affected indigenous communities in the United States and Canada, new oil and gas pipelines snaking across their lands represent a new kind of attack. Dirty, polluting, dangerous, and built without the communities' consent, these pipelines are the inevitable outcome of North America's hydraulic fracturing and tar sands oil "revolutions" that have played out in recent decades. These indigenous frontline communities must bear the disproportionate costs brought about by developed nations' continued addiction to fossil fuels, all without seeing most of the benefits. In a special preview episode of Season 2 of the Connect the Dots podcast, CPR President Rob Verchick explores this poignant case study of environmental injustice with the guidance of Rachel Rye Butler, the head of the Democracy Campaign at Greenpeace.

As Rachel tells Rob, the First Nations people in Canada and Native Americans in the United States have been protesting the development of the pipelines for several years in order to stop their unbridled expansion. The most successful movements Greenpeace has seen are those led by the indigenous peoples who are on the front lines of this struggle. In the last decade, not one of the five tar sands pipelines that has been proposed – including, most famously, the Keystone XL pipeline – has been built, largely thanks to the indigenous-led movement.

Of course, these successes have not gone unnoticed by the powerful oil and gas industries, which ...

It's Official: Trump's Policies Deter EPA Staff from Enforcing the Law

by Joel Mintz | February 19, 2019
This op-ed was originally published in The Hill. The Environmental Protection Agency (EPA) released an annual report Feb. 8 on its enforcement activities in fiscal 2018. After wading through a bushel full of cherry-picked case studies and a basket of bureaucratic happy talk, the report paints a dismal picture of decline in a crucially important EPA program. EPA's data indicate that it initiated and concluded approximately 1,800 civil judicial enforcement cases in 2018 — fewer than half the number it ...

National Security, Climate Change, and Emergency Declarations

by Daniel Farber | February 18, 2019
Originally published on Legal Planet. Trump finally pulled the trigger and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there's a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet's own Jonathan Zasloff in a post last week. I agree, but I want to dig deeper because it's such an important point. In order to ...

Does the Future Have Standing?

by Daniel Farber | February 07, 2019
Originally published on Legal Planet. Climate change is not just a long-range problem; it's one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can't go to court: they haven't been born yet. How can their interests be represented in court? And even people now alive who might still be around in, say, 2100, will ...

Flipping the Conservative Agenda

by Daniel Farber | January 31, 2019
Originally published on Legal Planet. Conservatives, with full support from Donald Trump, have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that's an actual thing, in case you're wondering, and it's today – let's think about reversing those ideas. In other words, let's try to come up with similar mechanisms to strengthen protections for public health and the environment instead of weakening protections. It's an interesting experiment, if nothing ...

Cap-and-Trade Could Fill Gaps in Governor Wolf's Climate Change Executive Order

by Amy Sinden | January 30, 2019
This post was originally published by JURIST. The news on the climate crisis has been bad lately and getting worse. In the face of President Trump's continued denial and his administration's diligent efforts to roll back every shred of progress made by the Obama administration and to prop up an ailing coal industry, the warnings from the scientific community have only become more dire. In November, 13 of Trump's own agencies released a 1,600-page report confirming that climate change is ...

The Worst of a Bad Lot

by Daniel Farber | January 24, 2019
Originally published on Legal Planet. The Trump administration has many energy and environmental initiatives, none of them good. But in terms of shoddy analysis and tenuous evidence, the worst is the administration's attempt to freeze fuel efficiency standards. For sheer lack of professionalism, the administration's cost-benefit analysis is hard to match. And you can't even say that the administration is captive to industry, because this isn't something industry asked for. It's a case of untethered ideology trumping evidence and economics. ...

What's Wrong with Juliana (and What's Right?)

by Daniel Farber | January 22, 2019
Originally published on Legal Planet. Juliana v. United States, often called the "children's case," is an imaginative effort to make the federal government responsible for its role in promoting the production and use of fossil fuels and its failure to control carbon emissions. The plaintiffs ask the court to "declare [that] the United States' current environmental policy infringes their fundamental rights, direct the agencies to conduct a consumption-based inventory of United States CO2 emissions," and use that inventory to "prepare and ...

Wheeler Hearing Provides Opportunity to Learn More about 'Benefits-Busting' Rule

by James Goodwin | January 15, 2019
During his tenure, former Environmental Protection Agency (EPA) Administrator Scott Pruitt launched multiple assaults on environmental and public health safeguards. His attacks on clean air standards and water quality regulations made so little sense in our reality that he went to the absurd and extreme lengths of creating an alternative reality to make them look legitimate. That alternative reality is rendered in the "benefits-busting" rule, which would systematically distort the analyses EPA economists conduct to assess the economic impacts of ...

Using Emergency Powers to Fight Climate Change

by Daniel Farber | January 14, 2019
Originally published on Legal Planet. Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There's no doubt that this would be far more legitimate than Trump's wall effort. Border crossings are much lower than they were ten years ago; he has said in the recent past that his prior efforts have vastly improved border security. In contrast, the Pentagon has classified ...

How Trump Officials Abuse Cost-Benefit Analysis to Attack Regulations

by Daniel Farber | January 09, 2019
This op-ed was orignally published in the Washington Monthly. In December of 2017, Donald Trump gathered the press for a variation on a familiar activity from his real estate mogul days. Stretched between a tower of paper taller than himself, representing all current federal regulations, and a small stack labeled "1960," was a thick piece of red ribbon – red tape, if you will. The president promised that "we're going to get back below that 1960s level." With his daughter ...

The Year Ahead

by Daniel Farber | December 31, 2018
A version of this post was originally published on Legal Planet. What are the key things to watch for in 2019 in the environmental area? Regulations. According to the Trump administration’s schedule, three big rules should be issued in March: repeal of the Waters of the United States rule (WOTUS), repeal and replacement of the Clean Power Plan, and the freeze on fuel efficiency standards. This seems very ambitious to me, especially for the last two where there are major technical ...

Seven Bright Spots of 2018

by Daniel Farber | December 31, 2018
A version of this post was originally published on Legal Planet. Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points. Scott Pruitt. Pruitt resigned under fire. While his successor may be more successful in some ways, the fact remains that Pruitt was a disgrace. We're better off without him. Trump was apparently unfazed by his incompetence and aversion to hard work. But the succession of scandals and ...

Top Ten Regulatory Policy Stories of 2018 (IMHO)

by James Goodwin | December 20, 2018
While regulatory policy developments might not lead evening news broadcasts or dominate newspaper headlines, they can have an enormous impact on our day-to-day lives. Regulatory policy has been a particular hotbed of activity during the Trump administration, which swept into office determined to undermine or corrupt the institutions responsible for keeping Americans and their environment secure against unacceptable risks of harm. So, it is no surprise that 2018 was another busy year in regulatory policy. Here are 10 of the ...

Planning for the Public Health Effects of Climate Migration

by Maxine A Burkett | December 17, 2018
This post was originally published by the Wilson Center's New Security Beat. In Alaska's arctic communities, Inuit contemplating the need to relocate have reported that the loss of sea ice would make them feel like they are lost or going crazy. Zika and other vector-borne diseases have been a concern primarily for people in the southeastern United States. Recent research on the long-range internal migration of people from the coasts to the interior suggests a broader national concern regarding "climate ...

Chesapeake Bay Year in Review: A Beneath-the-Headlines Look at Some of the Biggest Restoration and Clean-up Issues

by Evan Isaacson | December 12, 2018
It's that point in the year when we take a step back and reflect on the past 12 months. This was a big year for those concerned about restoring the Chesapeake Bay, with plenty of feel-good stories about various species and ecosystems rebounding more quickly than expected. There were also more than a few headlines about record-setting rainfalls washing trash down the rivers, over dams, and coating the Bay's shores. But I am going to look beneath the headlines at ...

The New WOTUS Proposed Rule and the Myths of Clean Water Act Federalism

by Dave Owen | December 11, 2018
Originally published on Environmental Law Prof Blog. This morning, the U.S. Army Corps of Engineers and EPA released a proposed new rule that would change the agencies' shared definition of "waters of the United States." That phrase defines the geographic scope of federal jurisdiction under the Clean Water Act.  The proposed rule would narrow the scope of federal jurisdiction, primarily in two ways.  First, it would eliminate jurisdiction for "ephemeral" streams – that is, streams where water flows only during ...

Two Years and Counting: Looking Forward

by Daniel Farber | December 10, 2018
Cross-posted from Legal Planet. In terms of regulatory policy, the second half of Trump's term is shaping up to look a lot like Obama's final two years in office. Congress won't be doing much to advance Trump's environment and energy agenda, as was the case with Obama. So, like Obama, Trump's focus will be on administrative action, particularly regulatory initiatives (or deregulatory ones, in Trump's case). The big question is how these efforts will fare in court. I want to ...

Environmental Policy

The planet faces unprecedented environmental challenges. Heading the list of threats is climate change, but other problems persist, including air and water pollution, toxic waste, and the protection of natural resources and wildlife. In recent years, we've been reminded that many of these problems , in their way, magnify the harm from natural disasters.

The Year Ahead

Farber | Dec 31, 2018 | Environmental Policy

Seven Bright Spots of 2018

Farber | Dec 31, 2018 | Environmental Policy

Two Years and Counting: Looking Forward

Farber | Dec 10, 2018 | Environmental Policy
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