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March 19, 2020 by K.K. DuVivier

Can Political Headwinds Against U.S. Offshore Wind Power Help Policy Change Course?

This post is part of a series related to the March 12 Conference on Public Lands and Energy Transitions that was hosted by the George Washington University Law School's Environment and Energy Law Program.

Offshore wind holds huge promise as a renewable electricity source. Using existing turbine technologies, the U.S. potential is 2,058,000 megawatts (MW), enough to generate double the electricity demand of the entire United States in 2015. About 80 percent of that electricity demand is along the coasts, so getting the power to the public could prove easier than transmitting it from wind-rich midwestern states. Utilities from eight states up and down the East Coast from Maine to Virginia have committed to procuring 22,500 MW of offshore wind so far, and wind power appeared poised to take off when the Department of the Interior awarded 11 commercial offshore leases in 2016.

But now, almost four years later, the United States has yet to break ground on a single offshore wind project in federal waters. Yes, one mini-project of 30 megawatts (five turbines) went online in state waters off Block Island, Rhode Island, in December 2016. And yes, Dominion Energy’s Coastal Virginia Offshore Wind …

March 19, 2020 by James Goodwin
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Earlier this week, a group of 25 Center for Progressive Reform (CPR) Board Members, Member Scholars, and staff signed a joint letter urging Russell Vought, Acting Director of the White House Office of Management and Budget (OMB), to direct federal agencies to hold open active public comment periods for pending rulemakings amid the COVID-19 pandemic. The letter further urges Vought to extend comment periods for at least 30 days beyond the end of the crisis.

Meaningful public participation is one of the bedrock principles upon which our regulatory system is based. Among other things, by enlisting the dispersed expertise of the public, it ensures higher-quality regulatory decision-making, and it imbues the process and its results with a crucial measure of credibility and legitimacy.

This goal of meaningful public participation is most notably enshrined in the Administrative Procedure Act’s requirement that agencies provide members of the public …

March 18, 2020 by Alexandra Klass
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This post is part of a series related to the March 12 Conference on Public Lands and Energy Transitions that was hosted by the George Washington University Law School's Environment and Energy Law Program.

Our vast public lands and waters are both a major contributor to the global climate crisis and a potential solution to the problem. The extraction and use of oil and gas resources from public lands and waters produce 20 percent of U.S. greenhouse gas (GHG) emissions. If the public lands were its own nation, it would be the fifth largest global emitter of GHGs.

The scale of this problem has been exacerbated by the current administration. Since the start of the Trump administration, the U.S. Department of the Interior – the primary federal agency charged by Congress with managing the use of public lands and waters – has used its statutory authority to …

March 18, 2020 by Daniel Farber
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Originally published on Legal Planet. Reprinted with permission.

Now that President Trump has belatedly declared a national emergency, what powers does he have to respond to the coronavirus pandemic? There has been a lot of talk about this on the Internet, some of it off-base.

It's important to get the law straight. For instance, there's been talk about whether Trump should impose a national curfew, but I haven't been able to find any legal authority for doing that so far. The legal discussion of this issue is still at an early stage, but here are some of the major sources of power and how they might play out.

The Stafford Act (major disasters and national emergencies). Trump has specifically invoked the emergency provisions of the Stafford Act. The Stafford Act, which is mostly administered by FEMA, covers federal responses for two categories of events: major disasters and …

March 16, 2020 by Karen Sokol
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"This report is a catalogue of weather in 2019 made more extreme by climate change, and the human misery that went with it." That is the statement of Brian Hoskins, chair of Imperial College in London's Grantham Institute for Climate Change, about the recently released State of the Climate in 2019 by the World Meteorological Organization (WMO). Like the Intergovernmental Panel on Climate Change (IPCC), the WMO compiles information from scientists all over the world that has been a key driver of international climate law and policymaking. One of the IPCC's reports was similarly dire to that of the WMO's, but not without hope.

Although anthropogenic greenhouse gas emissions have disrupted the planet's climate system in ways that have already caused and will continue to cause massive harms all over the world, the IPCC warned, we still have time to prevent a level of disruption that …

March 12, 2020 by Darya Minovi
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On March 4, I joined community members and advocates from Assateague Coastal Trust, Center for a Livable Future, Environmental Integrity Project, Food and Water Watch, and NAACP to testify in favor of Maryland's House Bill 1312. The bill, introduced by Delegate Vaughn Stewart (D-Montgomery County), would place a moratorium on permits for new or expanding concentrated animal feed operations (CAFOs) in the state. The legislation would apply to "industrial poultry operations," defined as operations that produce 300,000 or more broiler chickens per year. It was introduced with strong support from community members and environmental and public health advocates hoping to pump the brakes on the seemingly unmitigated growth of poultry CAFOs, especially on the Eastern Shore.

The environmental and public health harms from CAFOs are nothing new to Eastern Shore residents. As stated in CPR's testimony, the expansion of CAFOs on the Delmarva Peninsula is …

March 11, 2020 by Sandra Zellmer, Christine Klein
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Originally published by NYU Press. Reprinted with permission.

The flood season is upon us once again. Beginning in February, parts of Mississippi and Tennessee were deluged by floods described as "historic," "unprecedented," even "Shakespearean." At the same time, Midwestern farmers are still reeling from the torrential rains of 2019 that destroyed billions of dollars' worth of crops and equipment, while wondering whether their water-ravaged farmland can ever be put back into production. All this while the Houston area continues to recover from three so-called "500-year floods" in as many years, back-to-back in 2015, 2016, and, most notably, Hurricane Harvey in 2017.

As one tragedy follows another, they barely qualify as national news anymore. Instead, record-breaking floods and destruction are becoming commonplace. Why do the sequels barely warrant top billing? How have our national policies failed us, and why do they continue to fail us …

March 5, 2020 by Matt Shudtz
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From the farm fields of California to the low-lying neighborhoods along the shores of the Chesapeake Bay, structural racism and legally sanctioned inequities are combining with the effects of the climate crisis to put people in danger. The danger is manifest in heat stroke suffered by migrant farmworkers and failing sewer systems that back up into homes in formerly redlined neighborhoods. Fortunately, public interest attorneys across the country are attuned to these problems and are finding ways to use the law to force employers and polluters to adapt to the realities of the climate crisis.

The second installment in CPR's climate justice webinar series showcased some of the important work these public interest advocates are doing and explored how their efforts are affected by enforcement policy and resource changes at regulatory agencies, from the federal level on down. Scroll down to watch a recording of the hour-long …

March 5, 2020 by John Leshy
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This blog post was originally published by the Environmental Law Institute at https://www.eli.org/vibrant-environment-blog and is republished with permission. It is cross-posted here as part of an upcoming series related to the March 12 Conference on Public Lands and Energy Transitions hosted by the George Washington University Law School's Environment and Energy Law Program.

With the help of the U.S. Congress, the U.S. Department of the Interior (DOI) has had a long and proud history of tackling pressing challenges through responsible and inclusive management of America's public lands. One might expect it would continue that tradition as climate change has become a major challenge confronting the nation.

Not so. In fact, Secretary of the Interior David Bernhardt has been doing more than any of his predecessors to promote fossil fuel development on America's public lands, all the while dancing around the issue …

March 2, 2020 by Karen Sokol
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Earlier this year, on the heels of the Earth's hottest decade on record, a coalition of former government officials, fossil fuel companies, car manufacturers, financial companies, and nonprofit organizations renewed their endorsement of a national carbon tax as "the most effective climate solution" (emphasis added). And by "the," it appears that they mean "the only." The catch is that the coalition's legislative plan also calls for preventing the federal government from regulating carbon emissions and from taking any other protective measures "that are no longer necessary upon the enactment of a rising carbon fee."

Given the scale and complexity of the planetary emergency that we face, it would certainly be nice if the solution were that simple. But that, of course, is too good to be true. A carbon tax may very well be one important component of the climate crisis toolbox, but …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Sept. 22, 2020

Fighting Global Warming in a Chilly Judicial Climate

Sept. 21, 2020

Environmental Justice Is Not Un-American

Sept. 17, 2020

Pandemic Spawns Dangerous Relaxation of Environmental Regulations

Sept. 16, 2020

The Pandemic's Toll on Science

Sept. 15, 2020

Citizen Suits, Environmental Settlements, and the Constitution: Part II

Sept. 14, 2020

Citizen Suits, Environmental Settlements, and the Constitution: Part I

Sept. 9, 2020

They Can't Breathe!