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James Goodwin | January 18, 2023

To Preserve Our Constitutional Order, We Need More Federal Judges Like Brandeis

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.

chemical barrels or drums

Robert L. Glicksman | January 17, 2023

Fixing What’s Wrong with Environmental Enforcement

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

Biden’s New Open Government Plan Lays Out a Progressive Regulatory Reform Agenda

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.

Power lines in rural North Carolina

Ajulo Othow, Sidney A. Shapiro | January 11, 2023

Op-Ed: Clean, Affordable Electricity For All

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 […]

air pollution

Daniel Farber | January 10, 2023

Learning to Name Environmental Problems

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

Advances in State Climate Policy

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.

Allison Stevens | January 4, 2023

Member Scholars Light the Way to a Brighter Future for All

Greetings from sunny San Diego, where the Center for Progressive Reform is gathering alongside the annual Association of American Law Schools conference to celebrate 20 years of impact and explore legal and policy changes that would secure a more sustainable climate and a more just transition to clean energy. Also at the top of our agenda: celebrating our invaluable Member Scholars.

Daniel Farber | January 3, 2023

The Year Ahead

Here we are, starting another year. Last year turned out to have some major environmental developments. The most notable were the U.S. Supreme Court’s ruling in the West Virginia v. EPA case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s a quick rundown of what 2023 might hold in store.

Robert L. Glicksman | January 3, 2023

Op-Ed: How Climate Legislation Protects the Environment and Public Health

In August, with relatively little fanfare, President Biden signed into law the Inflation Reduction Act. While the act’s provisions do indeed have the potential to reduce inflation, it also represents the most significant measure Congress has ever adopted to combat climate change. The act’s measures to mitigate climate change have attracted some attention in the press, but what has been largely missing has been an analysis of its potential to deliver important protections against the myriad adverse public health consequences that scientists have linked to climate change.