With or Without the Clean Power Plan, It's Up to the States to Transition to Clean Energy

by Alice Kaswan | December 05, 2016

Environmentalists are understandably wringing their hands over the likely post-election demise of the Clean Power Plan, the Obama administration's rule to reduce greenhouse gas emissions from power plants, which are the nation's single biggest source of carbon emissions. But, with or without the Clean Power Plan (the Plan), the states hold the cards to a clean energy transition. 

Even if the fossil fuel interests intent upon perpetuating a profitable status quo end up dominating Congress and federal energy and environmental agencies, states will still have the power to steer the energy sector away from fossil fuels. By promoting renewable energy, like solar and wind power, and by promoting energy efficiency, states can and should lead the way. In so doing, they can transform the energy sector from a system that benefits vested fossil fuel interests and toward a sustainable infrastructure that benefits everyone through new jobs, cleaner air, and reduced risks from climate change. 

To be sure, the Clean Power Plan was an important initiative, and losing it will be a blow to national climate policy. Its most important feature was its recognition that reducing emissions from sources requires more than tinkering with pollution controls at existing power plants. In developing the Plan, the Environmental Protection Agency (EPA) recognized that, due to the interconnected nature of the transmission grid, power plant emissions could also be reduced by shifting power generation from the most-polluting facilities, usually coal-fired power plants, to less-polluting ...

New CPR Report: Protecting the Rights of Victims of Defective Aircraft

by James Goodwin | November 30, 2016
Many Americans would likely be shocked to learn how lax government oversight of the manufacture and design of aircraft, such as airplanes and helicopters, has become. After all, any list of those areas of the economy that would seem to cry out for strict regulation would have to include aircraft production and maintenance, considering that when aircraft are defective or contain defective parts, the consequences are almost inevitably catastrophic and tragic.  Yet, in a 2004 audit, Congress' nonpartisan Government Accountability ...

Racism, Cost-Benefit Analysis, and Trump Advisor Steve Bannon

by James Goodwin | November 29, 2016
What does Steve Bannon – who, despite his well-documented racism, anti-Semitism, and misogyny, was appointed as president-elect Trump's senior counselor and White House strategist – have to do with a rarified and wonky policy exercise such as regulatory cost-benefit analysis? Unfortunately, a lot, as it turns out.  From a serious policy perspective, the Trump administration's approach to governance remains terra incognita, and this is especially the case with its approach to implementing laws through regulations. So far, Trump has signaled ...

Will the Media Rise to the Trump Challenge or Just Fall into His Trap?

by Matthew Freeman | November 29, 2016
Ever since Richard Nixon's vice president, Maryland's own Spiro Agnew, described the nation's ink-stained journalists as "nattering nabobs of negativism," attacks on the media have been reliably base-pleasing material for conservative politicians. But Donald Trump is in a category all his own. For most pols, attacking the press is a way to deflect criticism. For Trump, it was a defining element of his candidacy. At his rallies, he kept the press corps literally penned up so that he could more ...

The Assault on Our Safeguards

by Thomas McGarity | November 22, 2016
We are about to experience a fifth major assault on the health, safety, environmental, and consumer protections that Congress put in place during the 1960s and 1970s, protections that most of us take for granted. And all indications are that this assault will be more intense and more comprehensive than any of the prior assaults on the governmental protections that shield our families and communities from the ravages of an unfettered free market.  In my 2013 book, Freedom to Harm, ...

What Can We Expect from a President Trump?

by Matt Shudtz | November 21, 2016
Hazy as they may be, we are all looking into our crystal balls, trying to envision what a Donald Trump presidency will mean for the world around us. The first glimpses we have of the future – Steve Bannon at Trump's right hand, Jeff Sessions as Attorney General, Michael Flynn as National Security Advisor – project something much darker and more insular than befits a nation whose arc of history is as progressive as ours. Of course, that arc is ...

Six Thoughts for an Environmental Law Student Wondering What This All Means

by Dave Owen | November 21, 2016
Editor's note: This post was originally published on Environmental Law Prof Blog on November 10. While it was primarily written for environmental law students, it contains wisdom for everyone who cares about our environment and our natural heritage. * * *  "As a future environmental attorney, I'm confused and angry and sad. And as a human being, I'm equally as confused and angry and sad. A lot of us students are trying to process all of this today." That was the beginning ...

Long-Term Forecast for Bay Restoration: Cloudy with a Chance of Storms

by Evan Isaacson | November 18, 2016
Last week, the Center for Progressive Reform co-hosted a symposium with the University of Maryland School of Law entitled "Halftime for the Bay TMDL." The symposium was supposed to be about what states, cities, counties, the U.S. Environmental Protection Agency (EPA), industry, and citizens can do to accelerate progress in the second half of the 15-year Chesapeake Bay clean-up effort. However, participants decided that it was equally important to discuss the potentially alarming prospects facing future Bay progress when a ...

The Struggle Ahead

by Matt Shudtz | November 10, 2016
Where do we stand now that the election is over and the presidential transition is beginning? That's a common question these days. Those of us striving in the public interest had come to expect progress, and now that expectation has been dashed. For eight years, President Obama and his team of dedicated public servants did something remarkable. With their deep appreciation and respect for our system of government, they created conditions ripe for a vigorous and uplifting debate about the ...

Florida's Constitutional Amendment 1 Is Anti-Solar Energy

by Joel Mintz | November 08, 2016
Today, Florida residents are voting on a number of items including Constitutional Amendment 1, misleadingly titled "Rights of Electricity Consumers Regarding Solar Energy Choice." Although it gives the appearance of promoting solar energy, Amendment 1 is actually a deceptively worded attempt by big, investor-owned utility companies (including FPL and Duke Energy), masquerading under the banner of "Consumers for Smart Solar," to suppress the growth of solar energy in the Sunshine State and maintain the utilities' current monopoly in the state's ...

Ignoring Climate Change Can Be Deadly: State Edition

by Victor Flatt | November 07, 2016
During the U.S. presidential race, much ink has been spilled on how important the election is. But one of the most important issues of all – climate change – has made little appearance in the election discourse, even though it is one of many issues on which the candidates have sharp divisions. But those divisions are not just important at the federal level. Climate change and environmental risk have also been politically divisive at the state level. Many state governments have ...

Hair-Raising Ordeal Draws Attention to Lack of Oversight of Cosmetics, Personal Care Products

by Mollie Rosenzweig | November 01, 2016
Last year, consumers linked Wen hair products to sudden and dramatic hair loss. The story generated a flurry of national coverage and spurred increased interest in just how closely the Food and Drug Administration (FDA) regulates our cosmetic products. Indeed, Wen hair products are not alone in causing dangerous side effects and containing disconcerting ingredients: Consumers have raised alarms over formaldehyde in hair straightening products, mercury in skin creams, and an array of toxic chemicals in children's face paint, including ...

CPR's Heinzerling Calls on Next President to Scrap White House Regulatory Review Process, Start from Scratch

by Brian Gumm | October 31, 2016
Earlier this month, the American Constitution Society for Law and Policy published a collection of essays filled with legal and policy recommendations for the next president. Center for Progressive Reform Member Scholar Lisa Heinzerling closed out the publication with a piece on improving federal environmental policy, which includes recommendations for how the next president can ensure that the White House Office of Information and Regulatory Affairs (OIRA) stays out of the way.  Under the auspices of a series of executive ...

Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable

by Alice Kaswan | October 27, 2016
It's been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of EPA's Clean Power Plan, released today by the Center for Progressive Reform, shows that, even if the Plan is upheld, continued climate initiatives to control existing power plant emissions are warranted and workable. Our analysis demonstrates that EPA identified numerous available reduction opportunities that were not ...

Climate Change Goes Missing from the Debates

by Matthew Freeman | October 26, 2016
Whatever else may be said about Ken Bone, the red-sweatered citizen questioner at the second presidential debate earned an important place in the pantheon of presidential debates: He's the only person to ask a debate question remotely related to climate change in the last eight years. As it happens, his question wasn't all that direct, since it didn't actually use the words "climate change." Here's what he asked: "What steps will your energy policy take to meet our energy needs, while at the same time ...

Climate Change Threatens Communities with Dangerous Spills and Contamination from Nearby Industrial Facilities

by David Flores | October 18, 2016
To date, climate adaptation and resilience planning efforts on the local, state, and federal levels have largely focused on protecting residential, commercial, and municipal infrastructure from sea level rise and deadly storm surge through such structural practices as shoreline armoring. However, a growing number of advocates are raising concerns about the threat that extreme weather poses to the low-income communities and communities of color that are disproportionately situated near industrial facilities vulnerable to flooding.  Industrial facilities – oil and gas, ...

Assessment Finds Wide Variety in Quality of County Stormwater Plans in Maryland

by Evan Isaacson | October 17, 2016
Today, the Center for Progressive Reform (CPR) is releasing an assessment of the plans and progress of Baltimore City and the nine largest counties in Maryland to comply with their federal stormwater permits, a key component of the ongoing effort to clean up the Chesapeake Bay and restore it to health. The analysis looks carefully at the jurisdictions' past efforts and future plans, revealing a wide range in the apparent commitment and level of restoration activity as they work to ...

Center for Progressive Reform Welcomes New Climate Adaptation Policy Analyst

by Brian Gumm | October 12, 2016
NEWS RELEASE: Center for Progressive Reform Welcomes New Climate Adaptation Policy Analyst Today, the Center for Progressive Reform (CPR) announced that David Flores has joined the organization as its new policy analyst. Flores will serve alongside the group's staff and Member Scholars in their efforts to protect public health and the environment, with a particular focus on ways communities and the Chesapeake Bay region can adapt to climate change in a fair, just, inclusive manner.  "I'm excited to welcome David Flores ...

New CPR Report: Protecting the Rights of Victims of Defective Aircraft

Goodwin | Nov 30, 2016 | Food, Drug, Product Safety

Racism, Cost-Benefit Analysis, and Trump Advisor Steve Bannon

Goodwin | Nov 29, 2016 | Regulatory Policy

The Assault on Our Safeguards

McGarity | Nov 22, 2016 | Regulatory Policy
Recommended Resources:
Climate Change
Time for Real Action on Global Warming

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