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Aug. 2, 2021 by M. Isabelle Chaudry

To Protect Workers and Consumers, Congress Must End Forced Arbitration

In February, Georgia Rep. Hank Johnson, chair of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, reintroduced the FAIR Act. The legislation would protect workers and consumers by eliminating restrictive "forced arbitration" clauses in employment and consumer contracts. The bill would also allow consumers and workers to agree to arbitration after a dispute occurs if doing so is in their best interests. A companion measure has been introduced in the Senate.

Arbitration — a process where third parties resolve legal disputes out of court — is a standard precondition to most, if not all, nonunion employment and consumer contracts. It's considered "forced" because few consumers and workers are aware that they are agreeing to mandatory arbitration when they sign contracts. In most contracts, arbitration is imposed on a take-it-or-leave-it basis before any dispute even occurs; refusing to sign is rarely a realistic option because other sellers and employers impose similar arbitration requirements.

Few consumers or workers are aware of these factors when signing a contract. When signing contracts, consumers and workers agree to adjudicate virtually all types of alleged violations of state and federal laws, including those that protect them against harmful and dangerous products, consumer fraud, employment discrimination …

July 30, 2021 by Daniel Farber
Solar Energy and Electricity

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

On Wednesday, Oregon Governor Kate Brown signed a package of four clean energy bills. These bills move the state to the forefront of climate action. They ban new fossil fuel plants and set aggressive targets for the state's two major utilities, requiring emission cuts of 80 percent by 2030, 90 percent by 2035 and 100 percent by 2040. This is not only a major step forward for the state; it should also clear the path to closer collaboration among Washington State, Oregon, and California on climate issues.

In signing the bills, Brown observed, "As we have all been experiencing, climate change is no longer a distant threat. It is here. In Oregon, and across the West, we are feeling its impacts every day."

The bill setting the state's aggressive targets passed the Oregon Senate on …

July 29, 2021 by Clarissa Libertelli
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At CPR, our Member Scholars are integral to our research and advocacy work, driving our organization to address some of the most pressing issues facing our country. As the climate crisis grows increasingly urgent, it’s no surprise that President Joe Biden has invited four CPR scholars — leaders in climate and energy justice, natural resources, and environmental law — to serve in his administration.

These scholars are on leave from CPR while serving in the administration. Below, we highlight their new appointments and past contributions to CPR.

Shalanda Baker

Shalanda H. Baker, Secretarial Advisor on Equity, and Deputy Director for Energy Justice, U.S. Department of Energy

A leading expert in climate, energy, and justice, Baker is making history as the nation's first-ever deputy director for energy justice at the Energy Department. Her role as deputy director is to ensure that the burdens and benefits of energy projects are equitably …

July 22, 2021 by Joel Mintz
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Recent events have dramatized the urgent need for prompt and bold action to respond to climate change. Raging rivers in Germany and Belgium, unheard of "heat domes" over large sections of North America, and uncontrolled wildfires and flooding around the globe, have made it absolutely clear that humankind must quickly limit the emission of greenhouse gases and adapt to the increasingly calamitous consequences of climate disruption.

In view of this situation, what is and ought to be the substance of environmental leadership? At the outset, it bears mention that no single environmental leader can take on the challenge of climate change alone. What is needed instead is cooperation among many leaders. Leadership must come from a number of places, including governments, private enterprises, non-governmental organizations (NGOs) and concerned individuals.

Later this year, the leaders of nearly all nations will …

July 22, 2021 by Karen Sokol
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On the last day of June, an entire village in Canada was engulfed in a wildfire after the country recorded its highest temperature ever. That same day, Greenpeace UK's investigative team published a striking tape of two Exxon senior employees' candid accounts of the fossil fuel industry's surreptitious lobbying efforts to undermine climate action.

ExxonMobil and other major oil and gas companies have long been deceiving the public about the catastrophic dangers of their products in order to undermine international and national climate policy and maintain their social license. This latest tape is a significant contribution to mounting evidence of the industry's ongoing disinformation campaign in the service of protecting its highly lucrative and planet-destroying business, particularly at this pivotal moment.

On the tape, the lobbyists detail how the industry is currently applying its deceptive tactics to wipe climate initiatives out of President Joe Biden's original $2 …

July 21, 2021 by James Goodwin
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The Biden administration's Environmental Protection Agency (EPA) is currently seeking public input on its efforts to revamp an important Clean Air Act program called the Risk Management Plan (RMP) rule for facilities that produce, store, or use large amounts of dangerous chemicals. It is meant to prevent catastrophes — like the 2017 Arkema explosion in Crosby, Texas — which not only put human lives and health in danger (especially for the communities of color that are disproportionately overrepresented in the shadows of these facilities), but also cause costly disruption for local economies.

My CPR colleagues contributed to a timely new policy brief explaining how the EPA must be particularly attentive to the new and unique threats posed by climate change as it goes about revamping its RMP rule to prevent "double disasters" that will become increasingly common unless chemical facilities are forced to take preventative action. They presented the …

July 20, 2021 by David Driesen
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Environmentalists have complained for years about presidential control of the administrative agencies charged with protecting the environment, seeing it as a way of thwarting proper administration of environmentally protective laws. But the U.S. Supreme Court in two recent decisions — Seila Law v. CFPB and Collins v. Yellen — made presidential control over administrative agencies a constitutional requirement (with limited and unstable exceptions) by embracing the unitary executive theory, which views administrative agencies as presidential lackeys. My new book, The Specter of Dictatorship: Judicial Enabling of Presidential Power, shows that the unitary executive theory is not only bad for environmental policy, but a threat to democracy’s survival, upon which environmental policy and all other sensible policy depends.

In The Specter of Dictatorship, I trace the modern movement toward a unitary executive back to former President Ronald Reagan’s executive order establishing centralized review of agency decisions by …

July 19, 2021 by Colin Hughes
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U.S. Environmental Protection Agency (EPA) Administrator Michael Regan recently announced that $50 million from the American Rescue Plan will go toward environmental justice programs at the agency. This award will be accompanied by another $50 million to enhance air quality monitoring to target health disparities. This funding will double the amount of grant dollars for EPA’s environmental justice programs by adding $16.7 million in grants and funding for other programs such as school bus electrification, expanded environmental enforcement, and drinking water safety improvements.

Increased funding for environmental justice programs will foster stronger environmental protections for communities — often low-income communities and communities of color — that are forced to combat a disproportionate share of pollution, toxic exposures, and related health and economic consequences. Investment in these communities seeks to reconcile the gap left by environmental racism and a lack of opportunities to meaningfully engage in zoning …

July 15, 2021 by Alina Gonzalez, Minor Sinclair
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President Joe Biden is breaking the status quo: He has pledged to write a new chapter in America's leadership on climate change. Unlike any other president, he has outlined specific and aggressive targets to reduce carbon emissions and has backed them up with a $2 trillion plan to fight climate change.

In the meantime, our climate continues to change rapidly and dramatically, raising the ever more urgent question: Will the politics of climate change shift in time to curb its worst effects?

We think it will.

First, low-income people of color are leading a growing movement for environmental justice.

Communities along Georgia's coast, including Tybee Island, Brunswick and Savannah, are feeling the ravages of climate change — from wildfires to high energy prices to coastal erosion — and residents are agitating for change. Fortunately, Georgia enjoys significant wind potential off its coast, according to a new study by Environment …

July 13, 2021 by Karen Sokol
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"When you are at the verge of the abyss, you must be very careful about your next step, because if the next step is in the wrong direction, you will fall."

So warned United Nations Secretary-General António Guterres in a recent interview on NBC Nightly News. He was calling on the world's wealthiest nations to meet their obligations under the Paris climate accords to rapidly transition away from fossil fuels and to help developing countries to transition and to adapt to threats that can no longer be averted. Wealthy nations simply must meet these obligations to achieve the Paris goal of holding global temperature rise to a sustainable level.

Guterres' remarks came as the nations prepared to meet at an economic meeting held last month known as the G-7 summit. Shortly before the meeting, the International Energy Agency, which was created in 1974 to monitor global …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Aug. 2, 2021

To Protect Workers and Consumers, Congress Must End Forced Arbitration

July 30, 2021

Oregon Takes a Big Step Forward

July 29, 2021

CPR Member Scholars Tapped by Biden Administration for Key Justice and Environmental Advisory Positions

July 22, 2021

What Fossil Fuel Industry Deception Tells Us About How to Survive the Climate Emergency

July 22, 2021

The Hill Op-Ed: Leadership and the Challenge of Climate Change

July 21, 2021

Biden Said He Wants to 'Modernize Regulatory Review.' The EPA's Chemical Disaster Rule is a Great Place to Start.

July 20, 2021

The Specter of Dictatorship Behind the Unitary Executive Theory