us-map-globe-wide.jpg
Jan. 13, 2021 by Daniel Farber

Next Steps to Save the Global Environment

This post was originally published on Legal Planet. Reprinted with permission.

Donald Trump's hostility domestic environmental regulation is notorious. He also stalled or backpedaled on the international front. Here are seven steps that President Biden could take to remedy the situation.

  1. Rejoin the Paris Agreement. The U.S. needs to immediately rejoin the Paris Agreement. It also needs to update its climate target because we can do a lot more than we thought possible even four years ago to reduce emissions. Technology has improved, renewable prices have fallen, and the car industry is prepared to embrace electric vehicles.

  2. Rejoin the WHO. Leaving the World Health Organization (WHO) in the middle of a pandemic was crazy for many reasons — among them, its effect on the environment. As I wrote in a post at the time, WHO does important work in many countries on controlling dangerous levels of air pollution, cleaning up toxic substances, providing safe drinking water, and yes, limiting carbon emissions. Rejoining the WHO is a no-brainer.

  3. Rebuild the State Department. Trump has wreaked havoc on much of the apparatus of government, but nowhere has the damage been worse than the State Department. The department is our primary channel for …

Jan. 12, 2021 by Victor Flatt
stream_wide.jpg

One of the most vexing environmental law issues of the last three decades is the scope of the term "waters of the United States" (WOTUS) in the Clean Water Act — and what marshes, lakes, and streams fall under its purview. A connected legal question stretching back even further is how much deference to give agencies in policymaking and legal interpretations.

These issues are present in both the Trump administration's final "Waters of the United States" rule, which narrowly defines waters subject to the act, and the Biden administration's likely attempt to expand that definition. The Trump administration's narrow approach dramatically reduces the number of waterways under federal protection. A broader definition would restore and possibly expand protections to better safeguard public and environmental health.

A new study on the economic analyses in the Trump rule (which I co-authored) concludes that its supporting economic analyses rely on questionable …

Jan. 11, 2021 by Shalanda H. Baker, Alice Kaswan
climate-justice-unsplash-wide.jpg

The Black Lives Matter movement highlights long-standing inequities and amplifies the drumbeat for climate justice and an equitable transition to a clean economy. With the incoming Biden-Harris administration and a growing list of environmental justice advocates at the helm, it's time to move from rhetoric to reality. We offer concrete proposals to turn climate justice goals into climate justice policies.

The call for climate justice has multiple dimensions, from ensuring an equitable transition to clean energy for vulnerable communities and workers disrupted by the move away from fossil fuels, to extending the benefits of our economy-wide shift to those who have historically been left behind. Even more than past environmental challenges, decarbonizing will not be a narrow, technical undertaking. We need a holistic, justice-centered perspective to shape our vision for a green economy and meet the pervasive environmental and …

Jan. 8, 2021 by Amy Sinden, Richard Parker
air-pollution-power-lines-wide.jpg

This post was originally published by the Yale Journal on Regulation's Notice & Comment blog. Reprinted with permission.

T’was the season of gift-giving and on December 9, outgoing EPA Administrator Andrew Wheeler delivered a parting gift for his successor in the form of a new regulation: Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.

The new Rule is offered as a simple housekeeping measure designed “to ensure consistent, high-quality analyses [and to] codif[y] best practices for benefit-cost analysis in rulemaking.” Some observers find it relatively harmless; but others are not so sanguine. We view it as a sort of Trojan Horse—seemingly innocuous on its face, but harboring content that will hamper, and may undermine, EPA’s efforts to confront the climate crisis and protect the safety of the air we breathe. Here are a few …

Jan. 7, 2021 by Darya Minovi, James Goodwin
epa-hq-cc-nrdc-wide.jpg

UPDATE: On January 27, a federal district court in Montana found that the Trump EPA unlawfully made the censored science rule immediately effective. The court then delayed its effective date until February 5. This doesn't overturn the rule, but it does give the Biden-Harris administration more flexibility as it works to fully repeal this damaging policy.

In a last-ditch effort to further weaken the U.S. Environmental Protection Agency's (EPA) ability to protect public health, this week, the Trump administration published its final “censored science” rule. As stated in the Center for Progressive Reform’s comments on the draft rulemaking, this proposal unjustifiably limits the research that can be used in regulatory decision-making, giving more weight to studies where the underlying data is publicly available. These restrictions will apply to dose-response studies — which measure how much an increase in pollution exposure increases public health harms — and which …

Jan. 4, 2021 by James Goodwin
2021-sparkler-wide.jpg

Thanks to the recent presidential election results, I’m able to do something I haven’t done in a long time: look at a new year with something resembling hope and optimism. As noted in my December 21 posts, the Trump administration wreaked havoc on our system of regulatory safeguards in 2020, as it did in previous years. The incoming Biden-Harris administration brings a strong mandate to undo the damage — and to go further by building a more just and people-centered government that can meet the pressing challenges America faces.

CPR recently launched Policy for a Just America with this opportunity in mind. This initiative aims to rebuild and reimagine government and offers detailed recommendations aimed at promoting a more robust and responsive regulatory system.

Will we seize the moment? Here are the first five of 10 storylines I’ll be following this year. Each could significantly …

Jan. 4, 2021 by James Goodwin
2021-sparkler-people-wide.jpg

In my previous post, I began my review of 10 key regulatory policy stories to watch out for as 2021 gets underway. In this piece, I wrap up that list and offer some closing thoughts.

  1. How will Congress oversee the Biden-Harris administration's regulatory actions? When Republicans regained control of the U.S. House in 2010, they wasted little time challenging the Obama administration's regulatory policies, regularly holding bombastic hearings for show and rolling out new bills meant to throttle the regulatory system. If Republicans win either or both Georgia runoffs for U.S. Senate tomorrow, they will retain control of the chamber and will likely borrow a page from this playbook. Whether the Biden-Harris administration vigorously defends its regulatory agenda or cowers like the Obama administration will determine how much progress it makes on its policy priorities. On the flipside, House Democrats have a crucial …

Dec. 21, 2020 by James Goodwin
2020-hand-wide.jpg

In my last post, I began counting down the top ten most significant developments affecting regulatory policy and public protections from the past year. This post completes the task. The good news is some of these developments offer some hope on realizing the goals of CPR’s Policy for a Just America initiative: a sustainable future, a responsive government, and strong, effective protections for all people and the environment. Others, however, suggest that the task of realizing those goals will be an arduous one.

  1. Environmental justice takes its rightful place as a top-tier issue. At the beginning of the year, environmental justice rose to unprecedented prominence thanks to advocacy efforts behind the Green New Deal and the introduction of major environmental justice legislation by Reps. Donald McEachin (Va.) and Raúl Grijalva (Ariz.). The issue took on greater urgency in May, after the alleged murder of George Floyd …

Dec. 21, 2020 by James Goodwin
2020-Array-Pixabay-wide-clean.jpg

This was the year in which many of our worst fears about the Trump administration came to pass. Racial unrest reached a boiling point. The GOP’s attacks on our democracy leading up to and after the election will take decades to fix. And of course, tens of thousands of lives have been needlessly lost to an unprecedented pandemic.

It was an ugly year. Not surprisingly, most of 2020’s top regulatory policy stories were ugly too. In general, policy developments aligned against the goals of CPR’s new Policy for a Just America initiative: a sustainable future, a responsive government, and strong, effective protections for all people and the environment. The incoming Biden-Harris administration can put us back on the right track, but they have a lot of work ahead of them.

Here are the first five of this year’s 10 most significant developments affecting …

Dec. 18, 2020 by Victor Flatt, Joel Mintz
michael-regan-nc-deq-original.jpg

President-elect Joe Biden is set to name Michael Regan to lead the U.S. Environmental Protection Agency (EPA). Regan is currently the secretary of the North Carolina Department of Environmental Quality, and his past experience includes earlier stints at EPA and the Environmental Defense Fund. He would be the first Black man to serve as EPA administrator.

Donald Trump and the industry allies he appointed to head this critical agency — Scott Pruitt and Andrew Wheeler — harmed it through a series of air, water, pesticide, and chemical safety rollbacks. Pruitt and Wheeler also imposed damaging procedural rules on the agency that, if left in place, will make it next to impossible to use the best science to craft environmental protections — or to justify them in the first place. Adding insult to injury, the agency significantly accelerated the long-term trend of reducing enforcement of our nation's environmental laws.

The …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Feb. 26, 2021

Three Ways of Dodging Responsibility

Feb. 25, 2021

Clean Water Is a Human Right. Let’s Start Treating It Like One.

Feb. 24, 2021

Baton Rouge Advocate Op-ed: Louisiana Should Get Serious About Its Climate Crisis

Feb. 23, 2021

The Hill Op-ed: Biden Has the Power to Restore Good Governance

Feb. 22, 2021

Biden Elevates Science Advisor to Cabinet-Level Job

Feb. 22, 2021

Lessons from the Texas Grid Disaster: Planning and Investing for a Different Future

Feb. 19, 2021

Building Thriving Communities on a Resilient Planet