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Showing 2,802 results

Daniel Farber | January 6, 2022

The Quagmire of Clean Water Act Jurisdiction

The Biden administration announced on Monday that it would not meet a February target date to issue a revised definition of federal jurisdiction under the Clean Water Act. It still plans to issue a revised definition later in the year. That sounds like a very technical issue. But it actually determines the extent to which the federal government can prevent water pollution and protect wetlands across the nation. The Biden proposal basically calls for case-by-case decisions about federal jurisdiction. It's also the latest chapter in one of the most snarled-up regulatory issue of our times.

Nina Mendelson | December 20, 2021

Democracy, Rulemaking, and Outpourings of Comments

Scholars and policymakers should recognize the democratic benefits of public comments.

Christine Klein | December 9, 2021

Memphis Commercial Appeal Op-Ed: Supreme Court Turns to Science to Resolve Groundwater Dispute Between Mississippi and Tennessee

In an era when most Supreme Court opinions are sharply divided, recently the high court unanimously rejected Mississippi’s claim against Tennessee in a long-running dispute over the groundwater that lies beneath both states in a common aquifer.

Darya Minovi | December 9, 2021

CPR, Partners Call for Climate Justice Reforms to the Chemical Industry

More than 100 organizations, including the Center for Progressive Reform, are calling for major transformations to the chemical industry — a significant yet overlooked contributor to the climate crisis and toxic pollution in communities. What are the threats and how can reforms take shape? Policy Analyst Dary Minovi explains.

Darya Minovi, David Flores | December 8, 2021

Aboveground Chemical Storage Tanks Threaten Our Communities. It’s Time for EPA and States to Act.

Across the country, hundreds of thousands of aboveground storage facilities containing hazardous chemicals — such as arsenic, formaldehyde, and trichloroethylene — are not subject to state or federal rules designed to prevent and mitigate spills. These storage tanks sit along our industrialized waterfronts and at agricultural supply depots in our rural communities, threatening the health and safety of nearby residents, many of whom are low-income people of color. It's beyond time for the U.S. Environmental Protection Agency and states like Virginia to take action.

James Goodwin, Minor Sinclair | December 2, 2021

Strengthening the 4th Branch of Government

Over the last four decades, small government ideologues have waged a coordinated attack against government. The strategy has paid off: Public approval ratings of all three branches of government are at all-time lows. Nevertheless, the federal government still manages to get things done on a day-to-day basis, and that is primarily due to the so-called 4th branch of government — the administrative and regulatory state that employs 2 million workers, invests trillions of dollars each year on things like air pollution monitoring and cutting-edge clean energy research, and makes rules that protect us all.

Katlyn Schmitt | December 1, 2021

The False Promise of Carbon Capture in Louisiana and Beyond

Carbon capture use and storage is at the center of the national climate policy debate, promoted by the oil and gas industry, the private sector, and even some environmental organizations as a solution to the climate crisis. The federal infrastructure package that President Biden recently signed into law appropriates more than $10.3 billion for the nationwide buildout of carbon capture infrastructure. The fossil fuel industry is targeting Louisiana as an emerging hub for carbon capture, mainly because of the large concentration of industrial facilities that emit carbon dioxide in the stretch of land between New Orleans and Baton Rouge. While Louisiana must move quickly and aggressively in pursuit of climate change solutions, deploying carbon capture to reach net-zero emissions is not the answer. A new Center for Progressive Reform policy brief has more on the subject.

Robin Kundis Craig | November 23, 2021

In Dispute over Groundwater, Court Tells Mississippi It’s Equitable Apportionment or Nothing

Less than two months after oral argument, in its first interstate groundwater case, the Supreme Court unanimously decided that Mississippi must rely on a doctrine known as equitable apportionment if it wants to sue Tennessee over the shared Middle Claiborne Aquifer. In an opinion by Chief Justice John Roberts, the court squarely rejected Mississippi's claim that Tennessee is stealing Mississippi's groundwater, noting that it had "'consistently denied' the proposition that a State may exercise exclusive ownership or control of interstate waters." As expected, the court's opinion in Mississippi v. Tennessee is short -- 12 pages, half of which recount the long history of the case. Nevertheless, in this first opinion about states' rights to interstate aquifers, the court made three important decisions that are likely to guide future interstate disputes over natural resources.

Robin Kundis Craig | November 23, 2021

Court Unanimously Favors Tennessee in Groundwater Dispute with Mississippi

Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. If Mississippi wants to pursue its groundwater battle with Tennessee, it will have to file a new complaint with the court asking for an equitable apportionment of the Middle Claiborne Aquifer, which lies beneath Mississippi, Tennessee, and other states.