Caution: Unabashed Bragging Ahead

by Matthew Freeman | June 03, 2016

We have an in-house guideline about bragging on CPRBlog, which is that we try to keep it to a minimum. It’s not so much a matter of modesty as it is that we think the work our Member Scholars and staff do speaks for itself. But we’re going to suspend our usual practice for a moment to note that a recent list of the 20 most-cited administrative and/or environmental law faculty in the United States includes seven CPR Member Scholars.

We’ve always known that our Member Scholars, to deploy a particularly inappropriate metaphor, cut a wide swath across the environmental law landscape. It’s not by accident, of course. We began with a nucleus of progressive scholars at the top of their profession and have been busy recruiting and talent-spotting ever since.

So, proudly and a little shamelessly, here are the seven CPR Member Scholars among the 20 most cited:

Op-Ed: Prosecuting Safety Violations that Lead to Worker Deaths

by Matthew Freeman | June 01, 2016
CPR’s Rena Steinzor and Katherine Tracy had an op-ed in the Sacramento Bee over the weekend highlighting the reluctance of police and prosecutors to treat worker deaths as if they were anything but mere accidents. In fact, they’re often the result of illegal cost-cutting and safety shortcuts by employers, behavior that sometimes warrants criminal charges. They write: When a worker dies because a trench collapses, and it turns out that managers sacrificed safety to get the job done faster, that’s a crime. When managers operate factories ...

Center for Progressive Reform Welcomes New Communications Director

by Matthew Freeman | March 29, 2016
NEWS RELEASE: CPR Welcomes New Communications Director Today, the Center for Progressive Reform (CPR) announced that Brian Gumm has joined the organization as its communications director. Gumm will serve alongside the group’s staff and Member Scholars in their efforts to protect our health, safety, and environment. “I’m excited to welcome Brian Gumm to our team,” said Matthew Shudtz, executive director of CPR. “CPR’s network of legal experts has incredible insights into the heated national conversations about environmental health, climate change, ...

Roberts Denies Mercury Stay

by Daniel Farber | March 03, 2016
Chief Justice Roberts turned down a request this morning to stay EPA’s mercury rule. Until the past month, this would have been completely un-noteworthy, because such a stay would have been unprecedented. But the Court’s startling recent stay of the EPA Clean Power Plan suggested that the door might have been wide open.  Fortunately, that doesn’t seem to be true. In some ways, a stay in this case would be even more shocking than the earlier one. Only the states, not industry, were ...

The Clean Power Plan: Continuing Momentum after the Supreme Court’s Stay

by Alice Kaswan | February 10, 2016
The Supreme Court’s February 9 stay of the Obama Administration’s Clean Power Plan may have removed the states’ immediate compliance obligations, and it will undoubtedly remove some pressure for action in states resistant to change.  Nonetheless, the extensive data and fundamental state and regional planning processes generated by the Clean Power Plan (the Plan) may continue to bear fruit even as the Plan remains in legal limbo. The Clean Power Plan has already triggered progress.  To determine feasible reductions on ...

Supreme Court Stays Clean Power Plan

by Victor Flatt | February 10, 2016
In a surprising moves to legal experts, the Supreme Court yesterday in a 5-4 ruling stayed the implementation of the EPA’s Clean Power Plan (CPP) supporting greenhouse gas reductions at fossil fuel fired power plants.  The move was surprising because the Supreme Court rarely involves itself in the determinations of whether or not a temporary stay of legal implications is warranted, largely leaving that to lower courts.  The D.C. Circuit, two weeks ago, refused to grant a stay, meaning that ...

President Obama’s Progressive Vision for the Future

by Thomas McGarity | January 13, 2016
President Obama devoted his final state-of-the-union speech to highlighting his administration’s considerable accomplishments, and, more importantly, to articulating a surprisingly robust progressive vision for the future. And that vision properly included a large role for federal regulation.  Noting that “reckless Wall Street,” not food stamp recipients, caused the financial meltdown of 2008-09, the President predicted, “working families won’t get more opportunity or bigger paychecks by letting big banks or big oil or hedge funds make their own rules at the ...

Key Environmental Developments Ahead in 2016

by Daniel Farber | January 04, 2016
Here are seven of the most important developments affecting the environment. 2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for.  The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most of the environmental initiatives of the Obama Administration, undoing all the progress that has been ...

Blankenship Convicted in Massey Coal Mine Disaster

by Rena Steinzor | December 03, 2015
Justice was done today by a hard-working jury in West Virginia that convicted Don Blankenship of conspiracy to obstruct federal mine safety rules.  This conspiracy was the primary cause of an enormous explosion that killed 29 men in the worst mine disaster in 40 years.  Although the jury was not presented with the question of whether Blankenship was directly responsible for the explosion, it did decide that he played Russian roulette with miners’ lives.  By underfunding efforts to comply with and harassing ...

New National Ambient Air Quality Standards for Ozone: A Primer

by Robin Kundis Craig | October 07, 2015
Last week, the U.S. Environmental Protection Agency (EPA) finalized new National Ambient Air Quality Standards (NAAQS) for ozone pursuant to the federal Clean Air Act. See 42 U.S.C. § 7409. The new regulation reduces both the primary and secondary NAAQS for ozone from 0.075 to 0.070 parts per million (ppm) (or from 75 to 70 parts per billion) averaged over eight hours in order to better protect human health, welfare, and the environment. The new regulation has not yet been ...

John Boehner, Volkswagen, and the Role of Government

by Sidney Shapiro | October 06, 2015
The resignation of House Speaker John Boehner and the VW diesel car scandal -- two rather extraordinary events -- might not initially appear to be related, but there is a connection. The most conservative members of the Republican caucus celebrated Representative Boehner's resignation because they felt he did not fight hard enough to shrink the size of the federal government through more aggressive tactics, like government shutdowns. Although one of government's most important functions is to deter behavior such as ...

Ten Things I Hate About Jeb's Antiregulatory Regulatory Reform Plan

by James Goodwin | October 05, 2015
Consistent with his ongoing efforts to distinguish himself among the Republican presidential candidates as a serious “policy wonk,” Jeb Bush, “rolled out” his “regulatory reform” plan last week.  The sad truth, though, is that the plan contains little of what might be considered sober or intellectually rigorous.   Rather, it is simply a mishmash of warmed over ideas from candidate Mitt Romney’s 2012 regulatory reform plan and from the various antiregulatory bills that have been festering in Congress the last several ...

Nudging Utilities Into the Future

by Joseph Tomain | October 01, 2015
Two of the most important aspects of the Clean Power Plan (CPP) are the flexibility afforded states as they design compliance strategies and the plan’s openness to all energy resources. A state can satisfy its emission-reduction targets through the use of cleaner or more efficient coal-fired generation, natural gas or nuclear power as well as through increased use of renewable resources and energy efficiency. Regardless of this flexibility and openness, investor-owned utilities (IOUs), which have dominated the electricity market for ...

VW Scandal: Can Anyone Still Doubt the Need for Regulation?

by Robert Verchick | September 22, 2015
Center for Progressive Reform President Robert R.M. Verchick issued the following statement today in response to the burgeoning Volkswagen emissions scandal: With the Volkswagen emissions scandal, hard on the heels of the GM settlement, can anyone doubt the importance of strong regulation and tough enforcement? One automotive giant let a safety problem fester for a decade while more than 120 people died as a result. Another conspired to cheat on state emissions tests, pumping outrageous loads of pollution into the ...

Guess Who Benefits from Regulating Power Plants

by Daniel Farber | September 08, 2015
The answer will surprise you. What parts of the country benefit most from the series of new EPA rules addressing pollution from coal-fired power plants?  The answer is not what you think. EPA does a thorough cost-benefit analysis of its regulations but the costs and benefits are aggregated at the national level. In a new paper, David Spence and David Adelman from the University of Texas break down these figures on a regional basis.  What they found may surprise you.  In fact, the areas benefitting ...

Septic System Pollution and the Unheralded Value of Maryland's Environmental Funds

by Evan Isaacson | September 03, 2015
The Bay Journal published another interesting story this week by Rona Kobell about the perseverance it took by some residents and officials of rural Caroline County, Maryland, to finally address the failing septic systems plaguing their community.  The story even highlights how some local officials, after decades of trying to find a resolution, died waiting for it.  In addition to the residents of Goldsboro, Greensboro, and other towns near the headwaters of the Choptank River, another long-suffering character in the ...

Ten Years After Katrina: Government Can Save Lives and Money

by Sidney Shapiro | August 27, 2015
With the ten-year anniversary of Hurricane Katrina upon us, looking back on CPR’s landmark report on the disaster reveals two essential public policy insights. One is that a series of government policy failures resulted in a far worse disaster than would have occurred if government had been more pro-active.  The second is that more effective government requires addressing and resolving what are often difficult policy issues, something that requires an ongoing dialogue and attention to what experts know and do not know about ...

Hurricane Katrina and the Perversity Thesis

by Thomas McGarity | August 26, 2015
In Albert O. Hirschman’s brilliant analysis of conservative responses to progressive social programs entitled The Rhetoric of Reaction, he identifies and critiques three reactionary narratives that conservatives use to critique governmental programs -- the futility thesis; the jeopardy thesis; and the perversity thesis. The futility thesis posits that governmental attempts to cure social ills or to correct alleged market imperfections are doomed to fail because the government cannot possibly identify the problem with sufficient clarity, predict the future with sufficient ...

Energy

When it comes to energy policy, the nation faces difficult choices. Researchers have made important strides on bringing renewable sources of energy into the mainstream, gradually replacing more familiar, but nevertheless unsustainable, high-polluting sources of power for our homes, cars and factories.

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