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July 8, 2021 by Minor Sinclair

Newest Board Members Bring Environmental Protection and Climate Justice Expertise

As a progressive think tank, our mission is to leverage existing law and influence new policy to better protect people and our planet. To do this, we must understand and respond to the social movements of the day, with one foot immersed in the communities and lands we strive to protect and the other in government process and policy.

Alejandro Camacho, Sekita Grant, and Ajulo Othow are leaders in their respective fields, and they bring critical voices and perspectives to our organization. Among other experiences, they’ve worked with conservation and frontline communities on the West Coast, in Puerto Rico and in the Southeast. As CPR moves into its third decade, their rich set of experiences in and connections to the movements for good, effective governance and social justice are exactly what we need to move the needle of change forward.

Alejandro Camacho is a law professor at the University of California, Irvine, with deep expertise in government and governance, particularly as they relate to natural resources, public lands, pollution control, and land use. He has published numerous articles in leading academic journals and traditional news outlets. He also co-authored Reorganizing Government: A Functional and Dimensional Framework, a guide to …

July 7, 2021 by David Flores, Darya Minovi
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To read the policy brief related to this post, click here.

Update: Read Senior Policy Analyst David Flores and Policy Analyst Darya Minovi's July 8 testimony to EPA.

Four years ago, Hurricane Harvey slammed into the coast of Texas, causing severe flooding in the Houston area and leading to a loss of electrical power throughout the region. During the blackout, a local chemical plant lost its ability to keep volatile chemicals stored onsite cool, and a secondary disaster ensued: A series of explosions endangered the lives of workers and first responders and spurred mass evacuations of nearby residents.

This infamous incident was a classic "double disaster" — a natural disaster, like a storm or earthquake, followed by a technical disaster, like a chemical release or explosion.

Also known as "natech" disasters, these events pose a severe and growing threat to public and environmental health — and to workers …

July 6, 2021 by Dan Rohlf
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While most people around the country were enjoying summer, residents of the Pacific Northwest used to joke about "Junuary" — the cloudy and often rainy June days before the sun made its relatively brief appearance in the region after the Fourth of July. But as I wrote this post last week in Portland, Oregon — a city set in a temperate rainforest ecosystem of towering trees and ferns — it was 116 degrees outside, the third consecutive day over 100 degrees and the second in excess of 110. The only time I've personally experienced a comparable temperature was nearly two decades ago when I visited Death Valley National Park with my family. Now Death Valley had come to me.

Life changes at these temperatures in the Northwest. Much of our infrastructure was not designed to withstand such extreme conditions. Portland's light rail system ceases to function, of course forcing more …

July 6, 2021 by James Goodwin
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The White House is asking for input on how the federal government can advance equity and better support underserved groups. As a policy analyst who has studied the federal regulatory system for more than a dozen years, I have some answers — and I submitted them today. My recommendations focus on the White House rulemaking process and offer the Biden administration a comprehensive blueprint for promoting racial justice and equity through agencies’ regulatory decision-making.

To put it bluntly, the U.S. regulatory system is racist.

Key institutions and procedures throughout the rulemaking process contribute to structural racism in our society, resulting in policies that exacerbate racial injustice and inequity. We can’t have truly equitable regulatory policy unless and until these features of the regulatory system are reformed or eliminated.

To make good on its promise to advance equity, the Biden administration must overhaul two interrelated components of …

July 2, 2021 by Maggie Dewane
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When in the Course of human events, it becomes necessary for all people to dissolve the reliance on finite energy sources, and to assume a sustainable future, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the demands of humankind requires that they should declare an end to fossil fuel dependence. 

Six in ten Americans support dramatic reduction of the country’s fossil fuel use to reduce greenhouse gas emissions and address climate change. While this isn’t a unanimous declaration, it represents a truth that policymakers and big corporations have been resisting: The majority of Americans believe there is urgency in addressing climate change and that transitioning away from fossil fuels is a necessary component of climate action.

To establish our independence from fossil fuels, there is no silver bullet, but a multitiered …

July 1, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn out to be mushy and murky. Judicial rulings that seem to expand the rights of property owners turn out to undermine those rights. The Court's decision last week in Cedar Point Nursery v. Hassid illustrates both points.

Cedar Point Nursery involved a California law giving labor organizers the right to go into a farm to talk with farmworkers, thereby interfering with the owner's ability to exploit its workers. (No, that's not quite the language the Court used.) The Supreme Court held …

June 28, 2021 by Alina Gonzalez
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This month, environmental justice advocate Sharon Lavigne won the world's largest prize for environmental advocacy for blocking a chemical giant from building a roughly $1.3 billion plastic manufacturing plant in St. James Parish, Louisiana, a majority-Black community. Funded by the late Richard and Rhoda Goldman, the annual Goldman Environmental Prize is awarded to six people around the world who protect and enhance the environment in their communities

At the outset, Wanhua Chemical, the company behind the proposed facility, seemed likely to prevail. Wanhua is the world's largest producer of methylene diphenyl diisocyanate (MDI), showing its dominance in the global market.

But Lavigne did not falter. Through courage and persuasion, she defeated the petrochemical titan, which wielded power over local and state governments to the detriment of community members. For far too long, the petrochemical industry has targeted low-income communities and communities of color, believing it can …

June 25, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden administration is gearing up to start a slew of regulatory proceedings, here's what you need to know about the process.

Issuing Regulations

Q: Where do agencies like EPA get the power to create regulations?

A: EPA and other agencies are created by Congress. They also get the power to issue regulations from laws passed by Congress. For instance, the Clean Water Act tells EPA to issue regulations based on the "best available technology" for controlling the discharge of toxic water pollutants.

Q: Who decides whether an agency should start the process to issue a new regulation?

A: Some statutes set deadlines and require agencies to act. In those situations, a court can intervene …

June 24, 2021 by Maggie Dewane, Allison Stevens, Laurie Ristino, Victor Flatt, Steph Tai
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The Center for Progressive Reform stands with all who are working to advance equity and equality for LGBTQ Americans. To commemorate Pride Month, we asked three CPR leaders to weigh in on progress in this area. Below, Board Member Laurie Ristino and Member Scholars Victor Flatt and Steph Tai offer their perspectives on progress made and work to do, as well as misperceptions about the LGBTQ community and lessons learned from past victories.

Laurie Ristino

Laurie Ristino

“Over the last several decades, LGBTQ rights have made serious progress, gains that require vigilant advocacy to retain and further equal justice for all LGBTQ people.  

“At the same time, the struggle for BIPOC rights continues. In America, we have simply failed to address racial injustice and inequity. What can we learn from the advocacy successes of the LGBTQ experience to move the dial forward so all Americans may enjoy the same …

June 16, 2021 by Robin Kundis Craig
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This is the second of of a two-part post. Part I is available here.

In the first part of this post, I briefly touched on the chaotic history of the EPA and Army Corps' definition and regulation of "waters of the United States" under the Clean Water Act. I also pointed out that this definition and its varying interpretations across courts and administrations can have significant impacts on water pollution prevention and the protection of our nation's waterways. With the Biden administration tackling a redo of the "waters of the United States" rule, court challenges are sure to follow. In this post, I'll explore three approaches to the rule that might help it survive judicial review.

  1. Openly Acknowledge that Section 404 of the Clean Water Has Hijacked the “Waters of the United States” Discussion and Provide a Corrective

    The Clean Water Act, for better or for worse …

CPR HOMEPAGE
More on CPR's Work & Scholars.
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Oregon Takes a Big Step Forward

July 29, 2021

CPR Member Scholars Tapped by Biden Administration for Key Justice and Environmental Advisory Positions

July 22, 2021

What Fossil Fuel Industry Deception Tells Us About How to Survive the Climate Emergency

July 22, 2021

The Hill Op-Ed: Leadership and the Challenge of Climate Change

July 21, 2021

Biden Said He Wants to 'Modernize Regulatory Review.' The EPA's Chemical Disaster Rule is a Great Place to Start.

July 20, 2021

The Specter of Dictatorship Behind the Unitary Executive Theory