When in the Course of human events, it becomes necessary for all people to dissolve the reliance on finite energy sources, and to assume a sustainable future, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the demands of humankind requires that they should declare an end to fossil fuel dependence.
Six in ten Americans support dramatic reduction of the country’s fossil fuel use to reduce greenhouse gas emissions and address climate change. While this isn’t a unanimous declaration, it represents a truth that policymakers and big corporations have been resisting: The majority of Americans believe there is urgency in addressing climate change and that transitioning away from fossil fuels is a necessary component of climate action.
To establish our independence from fossil fuels, there is no silver bullet, but a multitiered solutions approach that includes sector-specific actions. While corporations bear enormous responsibility in phasing out fossil fuels, government action is equally important. In the Center for Progressive Reform’s report, Climate, Energy, Justice: The Policy Path to a Just Transition for an Energy-Hungry America, legal scholars approach climate action and justice with a holistic lens to provide policy recommendations for transportation, electricity, and public lands, while considering how governance mechanisms and existing regulations will play a role.
Here are the topline recommendations:
Electricity Policy
Transportation Policy
Public Lands Policy
Since President Joe Biden took office, his administration has prioritized some of these policy recommendations, including electrifying the federal vehicle fleet, accelerating renewable energy transmission on the U.S. electric grid, postponing nonrenewable onshore energy lease sales, and others. Additionally, the president’s $2 trillion proposed infrastructure plan includes developing a clean electricity standard, investing in clean public transportation and sustainable urban planning, and restoring nature-based infrastructure to protect both communities and the environment.
Congress, on the other hand, has made little progress on environmental, energy, and climate matters this session. Of nearly 7,500 bills that have been introduced in Congress this year, only 26 have passed both chambers and been sent to the president; none relate to establishing clean energy standards, protecting natural resources, or addressing environmental injustices.
While negotiations on any new policy take time, the extended debate on how and when to phase out fossil fuels in the United States is downright frightening. Through the course of human events, we have set ourselves on a downward trajectory in which a sustainable future shifts further from our grasp. The time of dependence on fossil fuels must end. It’s time to declare our independence.
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Maggie Dewane | July 2, 2021
How do we declare our independence from fossil fuels? While there isn't a single silver bullet, there are plenty of legislative and federal actions the United States government can, and should, take.
Daniel Farber | July 1, 2021
For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn out to be mushy and murky. Judicial rulings that seem to expand the rights of property owners turn out to undermine those rights. The Court's decision last week in Cedar Point Nursery v. Hassid illustrates both points.
Alina Gonzalez | June 28, 2021
Environmental justice advocate Sharon Lavigne has won the world's largest prize for environmental advocacy for blocking a chemical giant from building a roughly $1.3 billion plastic manufacturing plant in St. James Parish, Louisiana, a majority-Black community.
Daniel Farber | June 25, 2021
Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden administration is gearing up to start a slew of regulatory proceedings, here's what you need to know about the process.
Allison Stevens, Laurie Ristino, Maggie Dewane, Steph Tai, Victor Flatt | June 24, 2021
The Center for Progressive Reform stands with all who are working to advance equity and equality for LGBTQ Americans. To commemorate Pride Month, we asked three CPR leaders to weigh in on progress in this area.
Robin Kundis Craig | June 16, 2021
Recently, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers announced that the regulations defining “waters of the United States” under the Federal Water Pollution Control Act (better known as the Clean Water Act) are once again going to change. The importance of that announcement is best demonstrated through a quick recap of the chaos that has dominated this element of Clean Water Act jurisdiction.
Robin Kundis Craig | June 16, 2021
In the first part of this post, I briefly touched on the chaotic history of the EPA and Army Corps' definition and regulation of "waters of the United States" under the Clean Water Act. I also pointed out that this definition and its varying interpretations across courts and administrations can have significant impacts on water pollution prevention and the protection of our nation's waterways. With the Biden administration tackling a redo of the "waters of the United States" rule, court challenges are sure to follow. In this post, I'll explore three approaches to the rule that might help it survive judicial review.
Alina Gonzalez | June 15, 2021
Not long ago, the prospects of offshore wind energy seemed lofty, but the industry is finally taking off. As part of his efforts to combat climate change, President Biden has pledged to double offshore wind production by 2030. This commitment stems from the enormous benefits and potential that wind energy can provide as we transition to clean, sustainable energy.
James Goodwin | June 10, 2021
The Labor Department’s emergency COVID standard, released June 10, is too limited and weak to effectively protect all workers from the ongoing pandemic. Workers justifiably expected an enforceable general industry standard to protect them from COVID-19, and the Center for Progressive Reform (CPR) has been calling for such a standard since June 2020. But what emerged after more than six weeks of closed-door White House review was a largely unenforceable voluntary guidance document, with only health care workers receiving the benefit of an enforceable standard.