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
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
Joint Letter with Chesapeake Accountability Project to Maryland Department of the Environment on Compliance During COVID-19 Pandemic
CPR joined with other members of the Chespeake Accountability Project, urging the Maryland Department of the Environment to gather and share information about polluters' alleged inability to comply with permit requirements because of the coronavirus pandemic, and to ensure strong whistleblower protections.
Author(s): Matt Shudtz
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
Comments on EPA 'Censored Science' Rule
In comments to the EPA on its proposed 'Censored Science' rule, CPR's Goodwin and Minovi write, "EPA’s rulemaking rejects widely accepted scientific standards and will allow the agency to cherry-pick studies that align with the administration’s agenda ... [and] will be prohibitively costly to the agency, both in terms of taxpayer dollars and the unnecessary and avoidable harms to public health and the environment. Furthermore, the EPA has incorrectly identified ... the legal authority for this rulemaking."
Author(s): James Goodwin, Darya Minovi
Opinion analysis: The Justices' purpose-full reading of the Clean Water Act
Writing for SCOTUSBlog, CPR's Lisa Heinzerling discusses the Supreme Court's April 2020 ruling in a Clean Water Act case from Hawaii. The ruling requires a permit when a point source of pollution adds pollutants to navigable waters through groundwater, if the addition of pollutants is "the functional equivalent of a direct discharge" from the source into navigable waters. She writes that "Perhaps the most striking feature of Justice Stephen Breyer's opinion for the majority is its interpretive method. The opinion reads like something from a long-ago period of statutory interpretation, before statutory decisions regularly made the central meaning of complex laws turn on a single word or two and banished legislative purpose to the interpretive fringes."
Author(s): Lisa Heinzerling
Virus provides lessons on government, science and politics
Deregulation on Demand: Trump EPA Panders to Polluters in Dismantling Clean Power Plan
Corporate capture of regulatory agencies like the Environmental Protection Agency has long been a barrier to promulgation and enforcement of effective safeguards. But under the Trump administration, it has progressed to a dizzying degree of brazenness, helping to power the president’s dangerous assault on public safeguards. In Deregulation on Demand, CPR's James Goodwin, working with researchers from the Environmental Law Clinic at the University of Maryland Francis King Carey School of Law, documents the extent to which corporate capture by polluters played a role in the dismantling of the Clean Power Plan.
Read PDF Read Online
Author(s): James Goodwin
The Pandemic and Industry Opportunism
Writing for The Regulatory Review, Rena Steinzor notes that in March 2020, with the coronavirus pandemic in full swing, EPA enforcement chief Susan Bodine issued a memo offering businesses assurance that EPA would overlook certain regulatory violations for the duration of the COVID-19 crisis. Public interest groups roundly criticized the new policy, prompting EPA to cry "fake news."
Author(s): Rena Steinzor