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Daniel Farber | February 7, 2023
In their crusade against “wokeness,” congressional Republicans are taking aim at a Labor Department rule about pension plan investments. The rule’s transgression is apparently that it makes it easier for pension plans to consider how climate-related risks might affect a company’s bottom line. To avoid being woke, the GOP would apparently prefer pension managers to close their eyes to financial realities, sleepwalking their way through the climate crisis. The real fear, of course, is that more wide-awake investment might disfavor some of the GOP’s biggest corporate supporters.
James Goodwin | January 31, 2023
Where are President Joe Biden’s regulatory process reforms? That’s the question many progressive advocates have been asking since the administration released its Day One memo inaugurating a “process with the goal of producing a set of recommendations for improving and modernizing regulatory review.” Two years later, this process remains in limbo.
Rebecca Bratspies | January 20, 2023
Arriving in New York City, you might take the Van Wyck Expressway past the Jackie Robinson Parkway on your way from JFK airport. Or you might cross the Kościuszko Bridge as you travel from LaGuardia airport. Or you might take the George Washington Bridge to the Major Deegan Expressway. Or, you might use the Goethals Bridge, or the Pulaski Skyway, or the Outerbridge Crossing. What, if anything, would those trips tell you about the city (other than that we desperately need better mass transit)? All this infrastructure commemorates individuals who helped shape the city’s history. Yet, few people remember that, before these names became a shorthand for urban congestion, they were actual people.
James Goodwin | January 18, 2023
The federal judiciary is in crisis. Now stocked with conservative jurists who openly disdain the courts’ limited constitutional role and actively dismiss the public they serve, this critical branch of our government presents an unacceptable risk to the stability of our democracy and economy. But there are solutions at hand.
Robert L. Glicksman | January 17, 2023
The U.S. Environmental Protection Agency (EPA) and its environmental regulatory state partners have engaged in many important successful efforts to foster compliance with regulatory obligations through enforcement actions and otherwise. But in her new book, Next Generation Compliance: Environmental Regulation in the Modern Era, Cynthia Giles documents widespread and significant noncompliance with these obligations.
James Goodwin | January 12, 2023
In case you missed it, the Biden administration capped off 2022 with the release of a new “open government” plan that aims to improve access to federal data and information, better engage the public in the regulatory process, and streamline delivery of government services and benefits.
Ajulo Othow, Sidney A. Shapiro | January 11, 2023
This op-ed was originally published in the Winston-Salem (North Carolina) Journal and the Greensboro (North Carolina) News & Record. The Winston-Salem Journal recently reported that Walmart had joined environmental and climate advocates in opposition to Duke Energy’s proposed carbon reduction plan, which is now under review by the N.C. Energy Commission. In the clash of […]
Daniel Farber | January 10, 2023
There are U.S. Supreme Court cases going back a century or more dealing with what we would now consider environmental issues, such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smoky cities as embodiments of the same problem, despite their striking physical differences? And when did it start thinking of “wilderness” as a good thing rather than a failure to use available resources?
Daniel Farber | January 5, 2023
Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the feds in climate policy. There were important developments in a multitude of states.