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Showing 331 results

Alice Kaswan, Catalina Gonzalez | October 9, 2024

Incorporating Environmental Justice in State Climate Planning, with Lessons from California

Around the country, in blue states and red, policymakers are engaging in climate action planning, guided by a far-seeing Inflation Reduction Act funding program — the Carbon Pollution Reduction Grant (CPRG) program — which has devoted $250 million to state, metropolitan, and Tribal planning efforts. A new report from the Center for Progressive Reform, Environmental Justice in State Climate Planning: Learning from California, offers critical insights to help policymakers and advocates working on these plans translate climate goals into action and advance environmental justice.

Sophie Loeb | September 17, 2024

New Policy Brief Urges Public Utilities Commissions to Rise to the Clean Energy Challenge

On September 17, the Center for Progressive Reform published a new policy brief, Rising to the Challenge: How State Public Utilities Commissions Can Use the Inflation Reduction Act to Advance Clean Energy. This brief examines the ability of public utilities commissions (PUCs) to incorporate Inflation Reduction Act (IRA) funding into their energy planning processes in order to expand the uptake of renewable energy resources at a lower cost to consumers.

Minor Sinclair, Spencer Green | September 12, 2024

Announcing Three New Member Scholars at the Center for Progressive Reform

The summer of 2024 will be remembered for many things, but here at the Center for Progressive Reform, what most struck us was that it was the year that the administrative state broke through into public consciousness. From the unexpected virality of, and backlash against, Project 2025 — a massive right-wing legal manifesto as aggressive as it was arcane — to the Supreme Court regulatory rulings that made headlines for weeks, this year’s political news drove home that the work we do to protect the environment, the workforce, and public health matters very much to we, the people when these things are under attack. In this context, we approach the task of inviting new members to join us in our work with seriousness, but also with much excitement. This spring, we reviewed nearly two dozen exceptional candidates from the fields of law and public policy. Today, we are pleased to announce that we have a cohort of three excellent scholars to add to our ranks.

Grayson Lanza | August 8, 2024

CAFO Lagoons in North Carolina: A Case Study in Advocacy and State Administrative Law

Eastern North Carolina’s landscape is pocked with artificial lagoons holding a noxious liquid that causes suffering both for local residents and the global climate. The liquid? Hog manure, held in giant, open-air pits that are used by large-scale industrial facilities called concentrated animal feeding operations (CAFOs), In CAFOs, operators raise large numbers of animals in confined spaces that allow for easier feeding and waste management — and higher profits.

Daniel Farber | July 23, 2024

The D.C. Circuit and the Biden Power Plant Rule

Last Friday, the D.C. Circuit issued a two-page opinion refusing to stay a regulation. The D.C. Circuit frequently denies stays, but this ruling was notable for three reasons: It allows an important climate change regulation to go into effect; it clarifies an important legal doctrine; and it has a good chance of being upheld on appeal — even though the U.S. Supreme Court overturned a previous regulation on the same subject.

Robin Kundis Craig | July 1, 2024

What’s Next After Supreme Court Curbs Regulatory Power: More Focus on Laws’ Wording, Less on their Goals

The Supreme Court's decision in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce means that federal courts will have the final say on what an ambiguous federal statute means. What’s not clear is whether most courts will still listen to expert federal agencies in determining which interpretations make the most sense.

James Goodwin | July 1, 2024

With Decision in Corner Post, the U.S. Supreme Court’s Assault on the Administrative State This Term Is Now Comprehensive and Complete

The U.S. administrative state does not merely protect Americans against those threats that we are unable to protect ourselves from on our own. It is essential to a healthy economy, it provides a crucial platform for democratic self-government, and it functions as a great social equalizer. All of this is now at risk after the U.S. Supreme Court’s conservatives issued four separate decisions largely along ideological lines aimed at eviscerating this crucial institution. The administrative state has been built over the course of nearly 250 years, slowly and pragmatically, since the founding; it has taken just three decision days for the Court to undo much of that work.

James Goodwin | June 28, 2024

Unprincipled Supreme Court Decision on Agency Deference Harmful but Not Fatal to Public Protections, Administrative State

The American public is lucky to have the federal administrative state. Every day, it protects all of us from harms like heavily polluted air, consistently contaminated drinking water, and dangerous workplaces. It strengthens our democracy. And it ensures a fairer, healthier, and more inclusive economy. The good news is that the self-aggrandizing U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce does not change that. And that is because it cannot change that.

Daniel Farber | June 25, 2024

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

The U.S. Supreme Court agreed June 24 to hear a case about whether environmental impact statements need to address climate change. To read the arguments made about the case, you’d think that this was a common law area where courts establish the rules. But as I discuss in a forthcoming article, recent amendments have put a lot of flesh on the previously barebones law. The bottom line: The Supreme Court shouldn’t give advocates of narrowing the National Environmental Policy Act (NEPA) a victory that they were unable to get through the legislative process.