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James Goodwin | March 5, 2024

The Ideological Warfare Behind the Attack on Chevron Deference: Part 3

As discussed in yesterday’s post, the contemporary conservative movement is prepared to use legal battles over esoteric administrative law doctrines, such as Chevron deference, as a tool of ideological warfare. Importantly, though, these battles present progressives with a great opportunity to engage at the ideological level as well. After all, progressives have been busy developing their own competing vision of what our constitutional democracy should look like. They should seize the opportunity presented by the fight over Chevron deference’s future to articulate and advance that vision.

James Goodwin | March 4, 2024

The Ideological Warfare Behind the Attack on Chevron Deference: Part 2

In Part 1 of this three-part series, I introduced the rapidly boiling legal battle over a once-obscure administrative law doctrine known as Chevron deference. Much of the commentary to this point has focused on the political motivations behind the conservative attack on Chevron deference. In this second post, I will take a closer look at how conservatives have carefully crafted this battle (and their broader war on the administrative state) to promote their distinctive brand of ideological thought.

James Goodwin | March 4, 2024

The Ideological Warfare Behind the Attack on Chevron Deference: Part 1

In January, the U.S. Supreme Court heard oral arguments in a pair of related cases — Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce — which could be among the most consequential decisions for U.S. democracy that the Court has ever issued. That’s because the cases urge the Court to overturn a longstanding judicial doctrine called Chevron deference. Over the last 40 years, that doctrine has provided a practical framework for mediating the growing separation-of-powers fights among the three branches for control over administrative agencies, with the preservation of the administrative state’s essential democratic foundation as its guiding star.

James Goodwin, Will Dobbs-Allsopp | January 31, 2024

New Report: A Forgotten EPA Obligation Would Help Address Racial Health Disparities, Strengthen the Economy, and Tackle the Climate Crisis

What if we told you that every day, tens of millions of Americans are exposed to something that contributes to neurological disease, depression, and an increased risk of heart disease and stroke? What if we also told you that in causing these health harms, it was disproportionately affecting low-wealth communities and communities of color? What is this dangerous “something”? It’s excessive noise. And, as it happens, more than 50 years ago, Congress recognized the seriousness of the harms that excessive noise causes and, as a result, passed a law directing the EPA to take aggressive action against it.

James Goodwin | October 2, 2023

The Hill Op-ed: Ecosystem Economics: How the Biden Administration Is Finally Giving Nature Its Due

If a tree stands in the forest, and there’s no economist around to tabulate its benefits to humans, do those benefits still exist? For government agencies, the answer has long been, “No.” But the Biden administration is poised to change that.

James Goodwin | September 20, 2023

Proposed Guidance on Ecosystem Services Will Strengthen Regulatory Analysis

Last month, the Biden administration rolled out the latest piece of its comprehensive Modernizing Regulatory Review initiative: a proposed guidance on how to account for “ecosystem services” in regulatory analysis. As I explained in my comments, if implemented well, this guidance will reinforce the administration’s broader efforts to reprogram an important step in the rulemaking process known as regulatory analysis so that it provides a fairer and fuller picture of the impacts of planned rules.

Federico Holm, James Goodwin | August 24, 2023

The Hill Op-ed: Power to the People: How Biden Is Bringing Democracy Back into Our Government

When French political philosopher Alexis de Tocqueville toured the United States nearly 200 years ago, he famously marveled at the degree and diversity of the American people’s civic engagement. Through a recent, little-noticed guidance, the Biden administration is now working to further infuse this unique tradition into one of our nation’s most important governing institutions: the federal regulatory system. The White House guidance’s recommendations will be essential for empowering ordinary people to shape the policies we care about, whether it’s keeping our drinking water clean or protecting our wallets against predatory banks. Despite this, the regulatory system is not yet achieving its full democratic potential.

U.S. Capitol in the sunshine in late autumn

James Goodwin | June 15, 2023

Member Scholar Hammond Testifies on Just Transition Measures for Appalachia

Following all the partisan rancor on the Hill lately, yesterday’s hearing before the Subcommittee on Energy and Mineral Resources of the House Natural Resources Committee was a breath of fresh air. It focused on two important bills that can help Appalachian communities transition to a post-carbon economy in a way that addresses the harmful environmental […]

wind turbines on a grassy plain

James Goodwin | May 24, 2023

New Report: Taking a Closer Look at the Emerging Issue of Energy Democracy

Gone are the days when people thought little about energy policy — when little more was demanded than reliable access to electricity at affordable prices. Rather, more and more Americans are becoming aware how our energy choices are inextricably intertwined with other shared values. A new report from the Center for Progressive Reform looks at this growing awareness and more through the lens of energy democracy.