Paris Withdrawal Could Lead to 'Lost Century'

by Noah M Sachs | June 01, 2017

The President’s decision to withdraw the United States from the Paris Agreement is a tragedy born of his failure to appreciate the vital importance of U.S. leadership in the world. It’s particularly regrettable coming as it does on the heels of his performance in Europe last week, during which his refusal to embrace the fundamental underpinnings of NATO rocked the alliance.

By abandoning the Paris Agreement, Trump continues on a reckless path of pretending that the dire threat posed by climate change is no more lasting than a tweet. It’s one thing to campaign on a know-nothing platform on climate change that denies scientific reality, and another altogether to govern that way. If ever there was a moment for Donald Trump to listen to the consensus of scientists and 195 parties to the Paris Agreement, this was it, and he failed.

When George W. Bush announced in 2001 that the United States would not ratify the Kyoto Protocol, it led ...

Slowly and Grudgingly, Change Is Coming to Coal Country

by Daniel Farber | May 30, 2017
A sign of the times: Fox News has reported, without comment, that the Kentucky Coal Museum is installing solar panels to save money. This is part of a larger trend. On Saturday, the New York Times reported on shifts in power production in states like West Virginia and Kentucky. For instance, Appalachian Power has “closed three coal-fired plants and converted two others to gas, reducing its dependence on coal to 61 percent last year, down from 74 percent in 2012.” In response to an ...

Trump Budget Would Rob Public Programs to Give Money to Private Corporations

by Katie Tracy | May 26, 2017
President Trump’s FY 2018 budget request may be DOA in Congress, but it nonetheless offers critical insight into how he expects to pay for his border wall, increase defense spending, offer up a trillion-dollar infrastructure plan, and carry out his other pet projects, all while cutting corporate taxes. The bottom line is that he intends to eliminate some public programs and rob many others, and give that money to private corporations. The Trump budget proposal to slash funding for the ...

New Amicus Supports Challenge to Trump's 'Two-for-One' Order

by James Goodwin | May 25, 2017
Yesterday, ten distinguished law professors, all of them CPR Member Scholars writing in their individual capacities, filed an amicus brief in support of a lawsuit brought by Public Citizen, the Natural Resources Defense Council (NRDC), and the Communication Workers of America challenging as illegal and unconstitutional the Trump administration’s Executive Order 13771. The order requires agencies to identify at least two existing rules to repeal for every new one they seek to issue and to ensure that the money companies would ...

Whither WOTUS?

by Daniel Farber | May 24, 2017
President Trump ordered EPA and the Army Corps to review the Obama Administration’s Waters of the United States (WOTUS) rule, which sets expansive bounds on federal jurisdiction over water bodies and wetlands. The agencies have sent the White House a proposal to rescind the WOTUS rule and revert to earlier rules until they can come up with a replacement. In my view, either the agencies will have to dive deep into the scientific thicket in the hope of justifying a new ...

The Depraved Indifference of Hollow Government

by Matt Shudtz | May 23, 2017
From the safety of Air Force One en route from Tel Aviv to Rome, President Trump dropped his FY 2018 budget on Washington, D.C., and sent OMB Director Mick Mulvaney to run point on the ground. They like to talk about it as a "hard power" budget. What they don't like to talk about are the consequences of unleashing such firepower on the American public. Make no mistake about it, this budget is the realization of several decades' travail by ...

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

by Bill Funk | May 22, 2017
Originally published on The Regulatory Review by CPR Member Scholar William Funk. Professor Kent Barnett recently opined in The Regulatory Review that formal rulemaking really is not that bad and may actually be a good thing in certain circumstances. His argument deserves closer review because the proposed Regulatory Accountability Act (RAA) would require the equivalent of formal rulemaking—or what the bill calls a "public hearing." Barnett may well be right to suggest that in some situations the costs of formal rulemaking could ...

Ahead of Markup, CPR Member Scholars Voice Concerns over the Senate Regulatory Accountability Act

by James Goodwin | May 16, 2017
Today, 27 Member Scholars of the Center for Progressive Reform, leading academics who specialize in administrative law and regulatory policy, submitted a letter to Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson and Ranking Member Claire McCaskill outlining their serious concerns with the Senate Regulatory Accountability Act. That bill is among several aimed at undermining our system of regulatory safeguards that are set to be marked up by the committee at its business meeting on Wednesday. Others set ...

CPR Scholars' Recent Op-Eds

by Matthew Freeman | May 15, 2017
CPR Member Scholars continue to make their voices heard on the nation’s opinion pages. You can always review the latest and greatest pieces on our op-eds page, but here’s a roundup from the last few weeks to save you a couple clicks. Two CPR Member Scholars had pieces in The American Prospect in mid-April. Tom McGarity called out the right wing’s on-again, off-again allegiance to states’ rights in "Trumping State Regulators and Juries." McGarity writes, “Conversations about how progressive states ...

Thinking Globally, Acting Transnationally

by Daniel Farber | May 12, 2017
The U.S. government obviously isn't going to be taking a global leadership role regarding climate change, not for the next four years. At one time, that would have been the end of the story: the only way to accomplish anything internationally was through national governments. But we live in a different world today, and there are other channels for international action against climate change. Today, transnational networks of state and local governments, private firms, and NGOs are actively addressing climate ...

Trump's Fossil Fuel Dream Team Faces Climate Change's Checks and Balances

by David Hunter | May 05, 2017
Due to the blinders of his fossil fuel dream team and the industry's myths denying climate change (#ExxonKnew), President Donald Trump seems once again on the verge of withdrawing from the Paris climate change accord. That's a fool's errand. Withdrawal from the Paris Agreement would be a major blow to U.S. standing and leadership in the world. It would also slow our country's efforts to do our part in avoiding catastrophic climate change. So why is he even considering a ...

Trump's Plan to Dismantle National Monuments Comes with Steep Cultural and Ecological Costs

by Sandra Zellmer | May 04, 2017
Professors Michelle Bryan and Monte Mills of the University of Montana co-authored this article with Center for Progressive Reform Member Scholar and University of Nebraska—Lincoln Professor Sandra Zellmer. It originally appeared in The Conversation on May 3, 2017. In the few days since President Trump issued his Executive Order on National Monuments, many legal scholars have questioned the legality of his actions under the Antiquities Act. Indeed, if the president attempts to revoke or downsize a monument designation, such actions ...

Reaching Higher Ground in the Face of Climate Change

by David Flores | May 03, 2017
We've seen a flurry of news coverage in the last several weeks on climate migration, displacement, and relocation. In a new report published today, the Center for Progressive Reform explores these issues and examines tools and resources that communities can use when faced with the challenges of relocating out of harm's way.  The New York Times Magazine recently profiled one homeowner in Norfolk, Virginia, who purchased a home that had never been flooded, but in the ten years since has ...

Anything but Moderate: The Senate Regulatory Accountability Act of 2017

by James Goodwin | May 02, 2017
Today, Center for Progressive Reform Member Scholars and staff are releasing a comprehensive analysis of the Senate Regulatory Accountability of 2017 (S. 951), which Sens. Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced last week. Our analysis explains how S. 951 would drastically overhaul the Administrative Procedure Act, which has successfully guided agency enforcement of public safeguards for over 70 years. A summary of the key findings of the analysis is also available.  The bill is the latest legislation to ...

Trump's Environmental Steamroller Bears Down on National Monuments

by Robert Glicksman | May 01, 2017
Donald Trump's antagonism toward environmental and natural resource protections seems to know no bounds, legal or otherwise. Among his latest targets are our national monuments, which include some of the most beautiful and historically, scientifically, culturally, and ecologically important tracts of federally owned lands. During the reign of destruction the president has unleashed in his first 100 days in office, his commitment to fossil fuel resource extraction and development regardless of the impact on our nation's natural resource heritage has ...

White Collar Crime and the Trump Administration

by Rena Steinzor | April 27, 2017
Cross-posted by permission from the Columbia Blue Sky Blog. The Obama administration had a mixed record on white collar crime. On one hand, it extracted $4 billion and a guilty plea from BP in the wake of the Deepwater Horizon spill. On the other hand, it allowed HSBC, then the fourth largest bank in the world, to sign a deferred prosecution agreement (DPA) over charges of laundering money for a Mexican drug cartel and serving as a banker for illicit ...

Workers' Memorial Day: Honoring Fallen Workers, Fighting for Safer Jobs

by Katie Tracy | April 26, 2017
Every worker has a right to a safe job. Yet on an average day of the week, 13 U.S. workers die on the job due to unsafe working conditions. An additional 137 lives are lost daily due to occupational diseases – mesothelioma, lung cancer, asbestosis, among others.  On Friday – Workers' Memorial Day – we will stand with the families, friends, and colleagues of fallen workers to remember each of them as individuals whose lives represent much more than a ...

New CPR Project - CRA by the Numbers: The Congressional Review Act Assault on Our Safeguards

by James Goodwin | April 25, 2017
If Donald Trump has learned anything over the last 100 days, it's that unlike in golf, you can't call a Mulligan on the beginning of your presidency, no matter how much it might improve your score.  These last few months have been long on scandals and failure (Russian probes, the spectacular implosion of Trumpcare, etc.) and short on policy accomplishments, particularly in the legislative realm. This sad state of affairs has left Trump's PR team looking to inject some positive ...

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