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

Incoming Biden Administration Should Repeal Harmful EPA Censored Science Rule

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 often rely on medical and other private data.

Furthermore, in the final rule, EPA continues to make the baseless claim that the Federal Housekeeping Statute, an obscure law dating back to 1789, provides the agency the authority to issue this rule. It’s doubtful that this law even applies to EPA. Even if …

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

Update: On March 10, 2021, the Senate voted to confirm Michael Regan as EPA Administrator.

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 …

Dec. 17, 2020 by Hannah Wiseman
granholm-01-cc-techcrunch-wide.jpg

Update: On February 25, 2021, the Senate confirmed Jennifer Granholm as Secretary of Energy.

President-elect Joe Biden is poised to name Jennifer Granholm to lead the U.S. Department of Energy, which oversees key energy efficiency standards, research, and development. Granholm is a former two-term governor of Michigan and a champion of using a clean energy transition to spur economic growth.

During the Trump years, the department repeatedly tried to defund important clean energy research programs. The department also weakened energy efficiency standards for appliances, light bulbs, and other consumer products. These actions damaged our country’s ability to reduce carbon pollution, combat climate change, and help those most burdened by high energy bills.

The Biden administration and Granholm must make energy justice a focus of their policy agenda. Here are five top priorities they can start on right away:

  1. Roll out an energy efficiency program for …

Dec. 17, 2020 by Robert Glicksman
deb-haaland-wide.jpg

Update: On March 15, 2021, the Senate voted to confirm Deb Haaland as Secretary of Interior.

President-elect Joe Biden tapped Deb Haaland to head up the U.S. Department of the Interior, which oversees our nation's public lands, wildlife conservation, and key aspects of energy development. Currently a House representative from New Mexico, Haaland has led the national parks, forests, and public lands subcommittee on the House Natural Resources Committee. She would be the first Native American to lead the department.

If confirmed, Haaland will oversee an agency the Trump administration systematically worked to dismantle. Secretaries Ryan Zinke and David Bernhardt did everything in their power to make the department as industry friendly as possible — shrinking national monuments, gutting endangered species protections, throwing open the doors to fossil fuel extraction, and more.

Though Haaland will face significant challenges, she can begin to reverse harmful policies and ensure …

Dec. 17, 2020 by Robert Verchick
mallory-0920-by-stephaniegross-for-selc-wide.jpg

UPDATE: The Senate confirmed Brenda Mallory as Chair of the Council on Environmental Quality on April 14, 2021.

President-elect Joe Biden is set to name Brenda Mallory to lead the Council on Environmental Quality (CEQ), the White House office that coordinates environmental policy across federal agencies. Mallory has more than three decades of environmental law and policy experience, served as CEQ general counsel under President Barack Obama, and is currently director of regulatory policy at the Southern Environmental Law Center.

Though somewhat dormant during Donald Trump's early tenure, CEQ ramped up its attacks on environmental policies and protections during the second half of Trump’s term.

It focused its assault on how agencies review the environmental impacts of their actions. Congress required such environmental review beginning in 1970 with the National Environmental Policy Act (NEPA). Whenever an agency funds or issues a permit for a big project …

Dec. 15, 2020 by Daniel Farber
epa-hq-cc-nrdc-wide.jpg

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

Donald Trump prided himself on his contempt for established norms of presidential action. Whole books have been written about how to restore those norms. Something similar also happened deeper down in the government, out in the agencies like the U.S. Environmental Protection Agency (EPA) that do the actual work of governance. Trump appointees have corrupted agencies and trashed the norms that support agency integrity. It will take hard work to undo the harm. White House leadership is important, but success will require dedicated effort by the agency heads appointed by Biden.

Scientific integrity. The role of science is the most obvious example of norm busting under Trump. Whether it is EPA, the National Oceanic and Atmospheric Administration (NOAA), the Food and Drug Administration (FDA), or the Centers for Disease Control and Prevention (CDC), the Trump …

Dec. 9, 2020 by Darya Minovi, Rebecca Bratspies
environmental-protest-wide.jpg

On October 22, we and millions of Americans watched the final presidential debate, taking in each candidate's plan for oft-discussed issues like health care, the economy, and foreign policy. Toward the end, the moderator posed a question that caught us and many others off guard: She asked the candidates how they would address the disproportionate and harmful impacts of the oil and chemical industries on people of color.

President Trump largely ignored the question. But former Vice President Joe Biden addressed it head on, sharing his own experience growing up near Delaware oil refineries and calling for restrictions on "fenceline emissions" — the pollution levels observed at the boundary of a facility's property, which too often abuts a residential neighborhood.

Many environmental justice advocates celebrated Biden's response, including Mustafa Santiago Ali, the former assistant administrator for environmental justice at the Environmental Protection Agency (EPA), who characterized Biden's response …

Dec. 8, 2020 by Laurie Ristino
pfja-main-banner.png

Editor’s note: This post is part of the Center for Progressive Reform’s Policy for a Just America initiative. Learn more on CPR's website.

At long last, we’ve reached “safe harbor” day, when states must resolve election-related disputes. Under federal law, Congress must count votes from states that meet today’s deadline. Donald Trump is essentially out of time to steal a second term; our democracy, it appears, will survive, at least for now.

Like many of you, I’ve been thinking a lot about the election — and what Trump’s relentless efforts to undermine it mean for our country. I’ve been thinking about the last one, too, when Trump took the helm of our country after a campaign of lies and hate — even though he received nearly 3 million fewer votes than his opponent.

I’ve been reflecting on other moments when our …

Nov. 20, 2020 by Daniel Farber
climate-march.jpg

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

Without a Democratic majority in the Senate, President Biden will have to rely on administrative action to do the heavy lifting. It's clear that EPA has a central role to play in climate policy, but EPA does not stand alone. Other agencies also have important roles to play. Fortunately, the Biden transition team seems to have come to this realization.

A multi-agency approach is especially important because bold actions by EPA will face a skeptical audience in the 6-3 conservative Supreme Court. Thus, a diverse portfolio with many different actions from many agencies is prudent. Moreover, EPA is much more in the political spotlight, so any bold action on its part is sure to be met with a political firestorm. Other agencies may fly more under the radar.

The final reason for multi-agency action is that …

Nov. 18, 2020 by James Goodwin, Amy Sinden
environmental-justice-clean-water-flickr-cc.jpg

After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve.

The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.

Using the regulatory system as a policy tool is not easy under ideal circumstances, let alone during difficult times like these. For the last four years, the Trump administration has …

CPR HOMEPAGE
More on CPR's Work & Scholars.
May 21, 2021

Cost-Benefit Analysis and the Biden EPA

April 29, 2021

Biden and the Environment: The First 100 Days

April 27, 2021

Memo to Biden: Regulation Is Infrastructure

April 6, 2021

Equity and Justice Should Begin at Home

March 24, 2021

Biden's Overhaul Effort Should Include the 'Basic Principles' of Regulation, Too

March 23, 2021

To Democratize Regulation, Reform Regulatory Analysis

March 15, 2021

Baton Rouge Advocate Op-ed: Biden Must Defend His Climate Policies from Industry Attack