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Nov. 4, 2020 by David Flores

It's Time to Tear Down Barriers to Sensible Safeguards, Equity, and Justice in Virginia

The Virginia General Assembly has wrapped a special legislative session to reform the Commonwealth’s budget. The story Virginians often hear is that lawmakers were busy pursuing social justice, spurred on by COVID-driven economic hardships and a historic demand for reforms. However, this story belies the fact that the Assembly failed to pass the meaningful social justice reforms called for by working-class Virginians, while giving away half a billion dollars in customer overcharges to Dominion Energy’s shareholders.

With the climate and COVID crises at the fore, state and local environmental regulation and decision-making has taken on greater weight. As CPR Policy Analyst Katlyn Schmitt points out in a new paper, there is still some low-hanging fruit to be picked before Virginians can be equitably served by and participate in the Commonwealth’s environmental decision-making process.

For one, public notice and comment procedures for proposed environmental rules and pollution permits are siloed and arcane, exclusively relegated to the back pages of local newspapers in some cases. Meanwhile, the online infrastructure for a more equitable and accessible notice and comment process already exists in Virginia’s Regulatory Town Hall website, which is well-suited for making draft decisions, records, and electronic comment …

Sept. 25, 2020 by David Flores
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An extraordinary Atlantic hurricane season is still underway, one that has seen the National Hurricane Center exhaust its supply of names and resort to Greek alphabet for remaining storms. This month was the worst September on record in terms of the number of named storms, and 2020 overall is second only to 2005’s devastating succession of hurricanes (which included Katrina) in the number of named storms over the entire season.

There's no mystery as to why: Climate change is driving an increase in the frequency and strength of Atlantic hurricanes. And it's doing it at a time when affected communities – especially Black, Brown, and low-income communities – are all the more vulnerable to natural disaster due to the Trump administration’s rollbacks of environmental safeguards and its reckless response to the COVID-19 pandemic. While Trump is pouring fuel on the fire, 2020’s portent of a future …

June 1, 2020 by Matt Shudtz, David Flores, Matthew Freeman, James Goodwin, Brian Gumm, Catherine Jones, Darya Minovi, Katlyn Schmitt, Katie Tracy, Robert Verchick, Robert Glicksman, Alice Kaswan, Thomas McGarity, Joel Mintz, Sidney Shapiro, Amy Sinden
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Staff and Board members of the Center for Progressive Reform (CPR) denounce the murder of George Floyd by Minneapolis police officer Derek Chauvin on Memorial Day. We stand with the peaceful protestors calling for radical, systemic reforms to root out racism from our society and all levels of our governing institutions and the policies they administer.

CPR Member Scholars and staff are dedicated to listening to and working alongside Black communities and non-Black people of color to call out racism and injustice and demand immediate and long-lasting change. Racism and bigotry cannot continue in the United States if our nation is to live up to its creed of life, liberty, and the pursuit of happiness for all.

CPR's vision is thriving communities and a resilient planet. That ideal animates all of our work, but systemic sources of inequality and injustice stand as massive barriers to the realization …

April 7, 2020 by David Flores
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With all the talk of the "new normal" brought about by the coronavirus pandemic, we cannot lose sight of how government policies and heavy industry continue to force certain populations and communities into a persistent existential nightmare. Polluted air, poisoned water, the threat of chemical explosions – these are all unjust realities that many marginalized and vulnerable Americans face all the time that are even more concerning in the midst of the COVID-19 pandemic.

Nothing could make these injustices more outrageously apparent and dangerous than EPA’s signaled retreat on environmental standards and enforcement, which cravenly takes advantage of the global pandemic and a rapidly expanding economic collapse. On March 26, Susan Bodine, EPA's Assistant Administrator for Enforcement and Compliance Assurance, issued a memo outlining the agency's sweeping, temporary enforcement policy. Advocates, scientists, and communities almost immediately objected, and in a few days’ time, environmental organizations filed a …

April 1, 2020 by David Flores
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Hundreds of thousands of Americans, from the southern California surf town of Imperial Beach to the rowhouse-lined blocks of Baltimore, are banding together to bring lawsuits against several dozen of the most powerful and wealthy corporations in the world. What do these residents and those from various coastal cities; the state of Rhode Island; Boulder, Colorado; and members of the West Coast's largest commercial fishing trade organization have in common?

All of these communities and businesses have been harmed – and are likely to experience future harms – as a result of global climate change, attributed to decades of production, promotion, and disinformation by multinational fossil fuel corporations. Government and business leaders are suing to hold these fossil fuel producers accountable, seeking compensation and other forms of redress, in state courts using tort law.

While residents may all suffer some harm from increased flooding driven by more intense rainfall …

Nov. 15, 2019 by David Flores
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David Flores co-authored this post with Kathy Phillips, the Assateague Coastkeeper, an on-the-water advocate who patrols and protects the Maryland and northern Virginia Eastern Shore coastal bays and stands up to polluters.

Last month, former CPR policy analyst Evan Isaacson wrote in this space about Maryland's proposal to revise and reissue its Clean Water Act pollution permit for concentrated animal feeding operations (CAFOs). He made a convincing case that those who love the Bay need to advocate for effective and enforceable CAFO regulations.

Traditionally, air pollution permits have been and will continue to be a critical component of climate policy in the United States, controlling emissions of greenhouse gas pollutants. But strong water pollution standards, including permits, are also a vital tool in addressing climate change because they are so important to state efforts to adapt.

Maryland's CAFO permit is what's described as a "general permit" because …

Nov. 7, 2019 by David Flores
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As Californians endure yet another round of devastating wildfires, they are rightly wondering if blazes of such frequency and reach are the new normal. The hard truth is that they may very well be. The fingerprints of climate change are all over this disaster, as they have been all over recent hurricane damage, and the trendline is unmistakable. With that in mind, a new report from the Center for Progressive Reform takes a look at the situation in the Golden State and elsewhere and highlights the crucial role state courts play in securing justice for those harmed by climate change.

Just as climate change heats the ocean’s waters, thus increasing the intensity of storms, it also helps drive the drought, wind, and vegetation conditions that provide the fuel and fan the flames of larger and more intense wildfires. Tracing the climate crisis back to its corporate …

Sept. 25, 2019 by David Flores
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On September 23, I attended the Climate Emergency: Tri-State Pipeline Strike in downtown Roanoke, Virginia. While affiliated with the Global Climate Strike week of action, the event in Roanoke was another milestone in the years-long and continuing struggle to prevent construction of natural gas pipelines through parts of North Carolina, Virginia, and West Virginia.                      

The day prior, my family and I attended a “Circle of Protection” event atop verdant Bent Mountain, which is home to a farming community and is part of the Roanoke River watershed, a source of drinking water for urban Roanoke. Bent Mountain and the greater Roanoke region are the site of multiple Native American burial grounds and other archeological sites that have been dug up and destroyed in the last two years to make way for the pipeline, so the event began with an acknowledgment of the original inhabitants of the land, their …

Sept. 5, 2019 by David Flores
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In August, Virginians remembered the devastation wrought by Hurricane Camille 50 years earlier. After making landfall on the Gulf Coast, that storm dumped dozens of inches of rain in western portions of the Commonwealth and killed more than 150 people in flash floods and landslides. Today, Virginians along the Atlantic coast and in the Hampton Roads region have Hurricane Dorian on their minds, with potentially life-threatening flooding, property destruction, and toxic floodwaters being serious hazards.

The National Weather Service is now predicting that Dorian could bring storm surge flooding of two to four feet to Hampton Roads by Friday afternoon. Heavy precipitation could also exacerbate storm surge with urban and river flooding.

Over the next several days, residents of Hampton Roads and government officials should also be cautious about the risk of floodwaters contaminated by wastewater and debris and, especially, the threat of flood-induced chemical disaster. Based …

March 6, 2019 by David Flores
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2018 was one of the wettest years on record in Virginia, causing catastrophic floods and landslides, as well as unexpectedly high levels of pollution in the Commonwealth’s waterways and the Chesapeake Bay. While the last waterlogged year is only a recent memory for Virginians, seemingly unremarkable snow and rainfall at the end of February caused the James River to crest last week at its highest level in Richmond in almost ten years. Climate change has clearly transformed our experience with weather and our relationship with water. In a new report published today, the Center for Progressive Reform explores how this drives environmental injustice in Virginia through toxic flooding and the increasing risk of chemical exposures.

Over the last two years, plant explosions in Texas and flooded coal ash impoundments in North Carolina have reminded us about an unmet need to adapt our approach to chemical safety. And …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Nov. 4, 2020

It's Time to Tear Down Barriers to Sensible Safeguards, Equity, and Justice in Virginia

Sept. 25, 2020

New Webinar Series on Toxic Floodwaters: Communities and Advocates Tackle Climate-Driven Chemical Disaster

June 1, 2020

CPR Will Stand with Those Who Cannot Breathe

April 7, 2020

EPA Shouldn't Use Coronavirus as Excuse to Look the Other Way on Pollution

April 1, 2020

Webinar Recap: State Courts, Climate Torts, and Their Role in Securing Justice for Communities

Nov. 15, 2019

If You Care about the Climate Crisis, Here's What You Need to Know about Maryland's Clean Water Act Permit for Agricultural Pollution

Nov. 7, 2019

On California, Climate Justice, and the Crucial Role of State Courts