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Showing 26 results

Grand Canyon landscape with gray clouds

David Hunter, Shade Streeter, William Snape, III | September 1, 2022

Revitalizing a Forgotten Treaty on Nature Protection

Our hemisphere’s shared natural heritage is threatened. The Convention on Nature Protection and Wild Life Preservation is a low-risk, high-reward pathway for the Biden administration to strengthen our strategic relationships in the hemisphere.

Daniel Farber | August 8, 2022

Will the Supreme Court Gut the Clean Water Act?

What wetlands and waterbodies does the Clean Water Act protect? Congress failed to provide a clear answer when it passed the statute, and the issue has been a bone of contention ever since. The Biden administration is in the process of issuing a new regulation on the subject. Normally, you'd expect the Supreme Court to wait to jump in until then. Instead, the Court reached out to grab Sackett v. EPA, where landowners take a really extreme position on the subject. Not a good sign.

Minor Sinclair | June 14, 2022

Member Scholars Take Center Stage in Prestigious Environmental Law Anthology

I’m thrilled to share that the Center for Progressive Reform features prominently in the pages of a forthcoming anthology of last year’s best writing on environmental law. Three of five articles selected for inclusion in the 2022 edition of the anthology were written or co-written by our esteemed Member Scholars — law professors who generously donate their time and expertise to help us achieve our mission to create a more responsive and inclusive government, a healthier environment, and a just society. A fourth article was authored by a Member Scholar who is on leave from the center while serving in the Biden administration.

Daniel Farber | May 4, 2022

Clarifying the Congressional Review Act

Soon after Trump took office, Republicans used the Congressional Review Act (CRA) to overturn sixteen Obama-era regulations. If they win control of the government in 2024, they'll undoubtedly do the same thing to Biden regulations. It behooves us, then, to understand the effect of these legislative interventions. A Ninth Circuit ruling last week in a case involving bear baiting, Safari Club v. Haaland sheds new light on this murky subject.

Daniel Farber | April 25, 2022

Biden Undoes NEPA Rollback

Last week, the White House undid an effort by the Trump administration to undermine the use of environmental impact statements. The prior rules had been in effect since 1978. Restoring the 1978 version was the right thing to do. The Trump rules arbitrarily limited the scope of the environmental effects that the U.S. Environmental Protection Agency (EPA) can consider under the National Environmental Policy Act (NEPA). Their goal was clearly to prevent consideration of climate change.

John Knox | April 11, 2022

Bipartisan Lawmakers Shine Needed Light on Bill to Protect Indigenous Communities at International Conservation Parks

Introduced last month, the Advancing Human Rights-Centered International Conservation Act comes in the wake of a 2019 news investigation that described many instances of alleged murder, rape, and torture by park rangers against Indigenous people and local communities. The alleged abuses were perpetrated at parks supported by the World Wildlife Fund (WWF), which received millions of dollars in funding from the U.S. government.

Darya Minovi, Katlyn Schmitt | August 30, 2021

Virginia Must Act Now to Hold Polluters Accountable

Virginia is home to thousands of unregulated and aging aboveground hazardous chemical storage tanks, which, when exposed to storms or floods, may be at greater risk of failing or spills. This risk — and the threat it poses to our health and safety — is rising as our climate changes.

Joel A. Mintz | August 30, 2021

The Hill Op-Ed: UN Glasgow Summit May Be Our Last Chance to Prevent Self-Created Climate Disaster

In the first segment of its Sixth Assessment, issued earlier this month, the IPCC report states that it "provides a full and comprehensive assessment of the physical science basis of climate change that builds upon the previous assessments ... and considers new information and knowledge from the recent scientific literature, including longer observational data sets, new scenarios and model results." This authoritative document draws conclusions that are deeply alarming. While (like all prior assessments) the report does not recommend specific remedial actions, the latest report implicitly suggests an urgent need for collective action to avoid natural devastation and massive future human catastrophes.

David Driesen | July 20, 2021

The Specter of Dictatorship Behind the Unitary Executive Theory

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.