This op-ed originally ran in Bloomberg Law.
On Jan. 25, the U.S. Court of Appeals for the Fourth Circuit held oral argument in Baltimore v. BP PLC, a case in which the city is seeking to hold BP and other fossil fuel companies liable in state court for their systematic deceptive marketing campaign to hide the catastrophic dangers of their products.
The goal of their decades-long, ongoing disinformation campaign: to lock in a fossil-fuel based society—and continue reaping astronomical profits—even during a fossil fuel-driven climate emergency. Other cities, counties, and states have brought similar suits in their state courts, all invoking long-standing state deceptive marketing laws.
So why is Baltimore's case before a federal appellate court? The panel's three judges wanted to know—and the answer is more misrepresentation.
The U.S. Environmental Protection Agency's (EPA) Office of Land and Emergency Management recently released its draft Environmental Justice Action (EJ) Plan. What's inside?
First, some background: After entering office, President Biden signed a pair of executive orders directing federal agencies to pursue environmental justice. The first focuses on narrowing entrenched inequities furthered by standing agency policy, and the second orders agencies to shrink their climate-harming footprints. Together, these orders offer the public an immense opportunity to combat environmental injustice.
The EPA has since directed its Office of Land and Emergency Management (OLEM) to evaluate current and best practices to meet the requirements of each executive order. As the office charged with overseeing the primary programs managing and containing hazardous substances, its policies hold great potential in mitigating risks faced by at-risk communities.
The office's EJ Action Plan lays out four goals to guide and motivate …
When the Wake Forest University emergency communications systems called me at 12:01 am on Tuesday, February 1, I could not have guessed that it was about a chemical bomb capable of wiping out blocks and blocks of Winston-Salem, North Carolina. The call warned university students to heed the city’s voluntary evacuation of the 6,500 people living within in a one-mile radius of the Winston Weaver fertilizer plant that was on fire — and in danger of exploding.
Thankfully, the fire did not injure anyone, and the bomb did not ignite.
Yet it is a wakeup call — in my case, literally — not only to those of us here in Winston-Salem but across our nation: The Environmental Protection Agency (EPA) is supposed to protect the public from exploding fertilizer plants, but it has left them unregulated.
These last few days have been harrowing, to say the least …
This op-ed was originally published in Washington Monthly.
When the conservative movement contrived to pack the U.S. Supreme Court with right-wing ideologues, one of the goals was to create a powerful ally in its campaign to dismantle the federal regulatory system, which we all depend on every day to safeguard our families, communities, and environment. With its recent decision in the emergency vaccine-or-test case, the Court’s conservative supermajority gave its clearest signal yet that it will advance this campaign from the bench.
The unsigned majority opinion and the concurrence authored by Justice Neil Gorsuch, when read together, lay out a comprehensive blueprint for defeating regulation in the public interest. Significantly, the arguments they raise are firmly grounded in the long-standing conservative myth that the regulatory system lacks sufficient “democratic accountability.” Quoting the late Justice Antonin Scalia, the concurrence casts the stakes in stark terms, warning …
UPDATE: On February 10, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), sending it to President Joe Biden for his signature. Read my brief statement on the importance of this legislation.
A few years ago, Roschelle Powers took a routine trip to visit her mom, Roberta, at her nursing home in Birmingham, Alabama. When Roschelle opened the door, she found her mother vomiting, disoriented — and clutching a handful of pills. Roberta’s son, Larry, visited a few days later and found his mom alone and unresponsive. She died soon after – with 20 times the recommended dose of her diabetes medication in her blood.
The Powerses …
Last week, my colleagues and I advocated for a pair of clean water bills in Maryland and Virginia, which were spurred by research completed by the Center for Progressive Reform (CPR). One bill would create a Private Well Safety Program in Maryland, and the other would create an aboveground chemical storage tank registration program in Virginia.
Both laws are sorely needed. This two-part blog series explains why. Part I, which ran yesterday, explores our collaborative work to protect clean drinking water in Maryland. Today, we look at our efforts to protect Virginia’s health and environment from toxic chemical spills.
As climate change intensifies, Virginia’s coastal and riverine communities are increasingly under threat of sea-level rise, hurricanes, and storm surge. Research published in 2019 by my colleague David Flores, a senior policy analyst at CPR, and CPR Member Scholar Noah Sachs found that flooding not only …
Last week, my colleagues and I advocated for a pair of clean water bills in Maryland and Virginia, which were spurred by research completed by the Center for Progressive Reform (CPR). One would create a Private Well Safety Program in Maryland, and the other would create an aboveground chemical storage tank registration program in Virginia.
Both laws are sorely needed. This two-part blog series explains why. Today’s piece looks at our efforts to protect clean drinking water in Maryland; check back tomorrow for Part II, which explores our collaborative efforts to protect Virginians from toxic chemical spills.
In 2020, CPR policy analyst Katlyn Schmitt and I investigated nitrate concentrations in drinking water on Maryland’s Lower Eastern Shore — where much of the state’s agricultural activity is concentrated — and analyzed state policies designed to protect private well owners. We found that Maryland was one of five …
This op-ed was originally published by The Regulatory Review. Reprinted with permission.
In recent decades, the U.S. Supreme Court has become increasingly interventionist on issues relating to the appointment and removal of officials. Nondelegation arguments have also escalated and even non-constitutional doctrines such as Chevron are debated in constitutional terms. But according to originalist scholars, who say that the Constitution should be understood based on its meaning at the time of drafting, these are necessary developments.
Although I am not an originalist, I had assumed that the originalist case must be a powerful one to justify such a forceful effort to overturn existing precedent. That turns out to have been a mistake on my part. Writing a book on presidential power led me to take a much closer look at the historical record and the recent scholarship on these questions. The work of scholars such as …
During the Trump administration, the U.S. Department of the Interior undermined its statutory obligations to protect lands and natural resources managed by the federal government. It also accelerated the extraction of fossil fuels from federal lands and constructed barriers to a shift to renewable energy, hindering efforts to abate climate disruption.
On March 15, 2021, the Senate confirmed Deb Haaland as new secretary of the department, which houses the National Park Service, the Fish and Wildlife Service, and the Bureau of Land Management (BLM) — three agencies that together are responsible for managing millions of acres of some of the nation's most precious terrain.
Before Haaland's confirmation, the Center for Progressive Reform identified five priorities for the department. Here is an update on progress so far.
Climate change is quickly evolving into climate catastrophe, and there’s a narrow window of time to do something about it. While the world works on solutions, there’s surprisingly little focus on the chemical industry, which accounts for roughly 7% of global greenhouse gas emissions — as well as other environmental harms.
But the industry essentially has a free pass to continue business as usual — it just keeps on keepin’ on, with little accountability.
The same holds true when it comes to the industry’s contributions to our warming planet, which is happening in three major ways:
First, fossil fuels are the “feedstocks” for …