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Showing 104 results

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.

Robin Kundis Craig | January 11, 2024

A Supreme Court Ruling on Fishing for Herring could Sharply Curb Federal Regulatory Power

Fisheries regulation might seem to be unusual grounds for the U.S. Supreme Court to shift power away from federal agencies. But that is what the court seems poised to do in the combined cases of Loper Bright Enterprises vs. Raimondo and Relentless Inc. vs. Department of Commerce.

Daniel Farber | December 11, 2023

The Mystery of the Missing Stay Order

The steel industry applied for U.S. Supreme Court intervention on what they claimed was an urgent issue of vast national importance. Chief Justice Roberts requested an immediate government response. That was six weeks ago. Since then ... crickets. No doubt you’re on the edge of your seat, wondering about the impending crisis facing the industry and the earthshaking legal issue in the case. And maybe also wondering why this is the first you’ve heard about it.

Daniel Farber | October 30, 2023

Eco-Pragmatism Meets Human Rights Law

A forthcoming article by John Knox and Nicole Tronolone brings international human rights law to bear on the issue of environmental justice. They argue that international human rights law provides a basis for treating some types of environmental inequities as human rights violations. In particular, they argue that the government has a duty to redress racial disparities in exposure to pollution and toxic chemicals. In their view, the government has conspicuously failed in this duty. In a recent article of my own, I tried to work through questions about how regulations could address economic and racial inequality.

John Knox | October 23, 2023

Environmental Justice as Environmental Human Rights

The quest for environmental justice is also a quest for environmental human rights. The fight is the same fight, and the lessons learned in one arena can help in the other.

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.

A family exiting their electric vehicle

Daniel Farber | September 14, 2023

Vehicle Regulations on Trial

This week, the D.C. Circuit hears three cases challenging the use of federal regulations to push adoption of electric vehicles and to allow California to forge a path toward zero-emission cars. If all three cases go badly, the regulatory system would be disabled from playing a role in this area. This would be a huge setback, though there are reasons to think that it would only delay, rather than prevent, the transition to clean cars.

Daniel Farber | September 12, 2023

Upcoming Regulatory Cases in the Supreme Court

In three weeks, the U.S. Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of the law. Given the Court’s conservative supermajority, there’s a real threat to the power of agencies like the U.S. Environmental Protection Agency (EPA) to issue regulations and enforce the law.

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.