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Showing 836 results

James Goodwin | March 4, 2024

The Ideological Warfare Behind the Attack on Chevron Deference: Part 1

In January, the U.S. Supreme Court heard oral arguments in a pair of related cases — Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce — which could be among the most consequential decisions for U.S. democracy that the Court has ever issued. That’s because the cases urge the Court to overturn a longstanding judicial doctrine called Chevron deference. Over the last 40 years, that doctrine has provided a practical framework for mediating the growing separation-of-powers fights among the three branches for control over administrative agencies, with the preservation of the administrative state’s essential democratic foundation as its guiding star.

Federico Holm | February 28, 2024

New Report and Interactive Map: Communities Left Behind: How Local Ordinances Can Obstruct Energy Democracy and a Just Transition

A profound energy transition is sweeping the United States. In addition to mitigating dangerous greenhouse gas emissions that contribute to climate change, it means new economic opportunities and a safer and healthier environment for communities across the country. A better future is certainly within reach, or at least it is for some communities, which are the ones that will be able to capitalize on the green transition. But for many others, there is no guarantee that this clean energy transition will be a just and equitable one. Why is this the case? As we explore in a new report and interactive map, it turns out that one of the biggest obstacles is self-inflicted: local ordinances that restrict new renewable energy development projects, including wind, solar, and battery storage.

Daniel Farber | February 2, 2024

Interstate Pollution and the Supreme Court’s ‘Shadow Docket’

Later this month, the U.S. Supreme Court will hear oral argument about whether to stay a plan issued by the U.S. Environmental Protection Agency (EPA) to limit upwind states from creating ozone pollution that impacts other states. As I wrote before the Court decided to hear the arguments, the issues here seem less than earthshaking, and for that matter, less than urgent. It was puzzling to me why after many weeks, the Court was still sitting on the “emergency” requests of the upwind states to be rescued from the EPA plan. Given that the Court seems to think the issues are important enough to justify oral argument, however, it’s worth examining what seems to be bothering the Court about implementing the EPA plan.

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.

Kaitlyn Johnson | November 27, 2023

Will a USDA-Uber Partnership Deliver on Its Promise of Food Justice?

One in five residents in Baltimore, and one in three Black residents, lives in food deserts — areas where people face systemic barriers to accessing affordable and healthy foods. It’s a problem that has long evaded effective policy solutions. But the rapidly evolving technology of e-commerce platforms offers a new way to bring food justice and security to structurally marginalized communities across the country.

Hannah Wiseman | November 16, 2023

Invoicing Carbon Under the Regional Greenhouse Gas Initiative

A recent Commonwealth Court of Pennsylvania decision has thrown Pennsylvania’s actions on climate change into further disarray. In 2021, through regulatory action by its Department of Environmental Protection, Pennsylvania became a member of the Regional Greenhouse Gas Initiative (RGGI). RGGI is a collection of Northeastern and Mid-Atlantic states that have agreed to cap emissions of carbon dioxide (CO2) from electric power plants with 25 megawatts or more of generating capacity. The cap includes an overall regional limit and a cap for each state. Power plants must purchase allowances or offset their emissions (or pursue other options noted below) to collectively meet the state cap. But lawsuits have challenged Pennsylvania’s entry into RGGI, and on November 1, a memorandum opinion of the Commonwealth Court declared that Pennsylvania’s scheme for auctioning CO2 allowances under the state’s RGGI cap was an unconstitutional tax. The court voided the rulemaking.

Lemir Teron | November 6, 2023

A Moment for Energy Justice

Energy justice mandates that renewable energy transitions center marginalized and historically overburdened households, including fenceline and extraction communities, that have faced heightened burdens from the prevalent fossil fuel-based energy system, and further have been mostly overlooked by the burgeoning renewable energy sector.