Trail Smelter Arbitration Offers Little Guidance for COVID-19 Suits against China
Writing for Just Security Rebecca Bratspies discusses efforts by Senate Republicans to amend the law to allow lawsuits against China related to the spread of the coronavirus, noting that conservatives have in the past been generally hostile to tort litigation in the past. She goes on to discuss the implications of the Trail Smelter Arbitration between Canada and the United States as it relates to coronavirus disputes.
Author(s): Rebecca Bratspies
Carbon Pricing Is Not Enough to Fight Climate Change
Writing in The Hill, Alice Kaswan praises the judgment of the House Select Committee on Climate Crisis that carbon pricing is one of several tools necessary to combat climate change. Carbon pricing, she writes, is necessary but insufficient.
Author(s): Alice Kaswan
The Seila Law Case: Liberty and Political Firing
David Driesen, writing in The Hill, discusses the implications of the Supreme Court's decision in the Seila Law case, over President Trump's firing of the head of the Consumer Financial Protection Bureau for political reasons. Driesen writes, "Astonishingly, Chief Justice John Roberts’s majority opinion associates the president’s ability to use political firing to instill fear in government employees with the preservation of liberty."
Author(s): David Driesen
The DACA Decision and the Rule of Law
Writing for The Hill, William Buzbee describes the implications of the Supreme Court's ruling against the Trump administration's gutting of the Deferred Action for Childhood Arrivals (Dreamers) program. "The court majority, in an opinion by Chief Justice John Roberts, rejected the Trump administration's brazen efforts to evade judicial scrutiny, while also strengthening the regulatory rule of law fundamentals that the administration has flouted with regularity. This ruling will become central to dozens of pending battles over other Trump regulatory rollbacks," he writes.
Author(s): William Buzbee
Across the U.S., Anti-Protest Laws Target Movements for Climate and Racial Justice
Writing in Drilled News, Karen Sokol describes efforts in legislatures across the nation to limit free speech in response to the Black Lives Matter movement and recent protests over the dangers associated with oil and gas pipelines.
Author(s): Karen Sokol
Misguided health policy foments confusion, risk and disunity
Writing in the South Florida Sun-Sentinel, CPR's Joel Mintz connects the dots between the Trump administration's mishandling of the coronavirus pandemic, its efforts to undercut health care policy, and its attacks on environmental safeguards.
Author(s): Joel Mintz
Time to decarbonize 'critical infrastructure'
Writing in The Advocate (Baton Rouge and New Orleans), Member Scholar Karen Sokol observes that, " During the pandemic, the [energy] industry is using its 'critical infrastructure' status to further accelerate its polluting activities. The industry asked the Trump administration for an indefinite suspension of its obligations to comply with basic environmental and public health protections even though communities near polluting facilities have suffered higher death rates from COVID-19. The administration responded quickly, depriving communities of these vital safeguards with no clear date for reinstating them."
Author(s): Karen Sokol
The Trump Administration’s Pandemic Response is Structured to Fail
Writing for the Regulatory Review, CPR Member Scholars Alejandro Camacho and Robert Glicksman describe the structural failings of the Trump administration's response to the coronavirus pandemic.
Author(s): Alejandro Camacho, Robert Glicksman
Beware efforts absolving companies of COVID-19 liability
Writing in the Waco Tribune, Thomas McGarity warns that Sen. Mitch McConnell's effort to extend a federal COVID-19 liability shield over businesses will endanger workers' lives. Such immunity from accountability would allow employers to force workers to choose between losing their jobs or returning to workplaces where they are not sufficiently protected from the coronavirus.
Author(s): Thomas McGarity
More Needs to Be Done to Protect Our Meat and Poultry Workers
In the Baltimore Sun: President Donald Trump invoked the Defense Production Act to order meat and poultry plants to continue operating despite COVID-19 outbreaks, exposing Maryland's poultry workers to enormous risks. Poultry processors haven't demonstrated they're able to keep workers safe and healthy, but they know that many of these low-wage workers will be forced to return. To top it all off, one of the president's goals with this order was to provide legal immunity to companies, so that they can't be sued by employees who are infected as a result of unsafe working conditions.
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Author(s): Matt Shudtz, Rachel Micah-Jones