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Showing 438 results

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.

Marcha Chaudry | September 7, 2023

The CAFO Conundrum: Virginia’s Battle with Toxic Flooding

Picture a food system where the responsibility for environmental disasters related to industrial agriculture no longer falls on the shoulders of taxpayers or small-scale farmers. Instead, it places the onus exactly where it should be — on the corporations and industrial operators who are reaping massive profits from the factory farming model. The tide is turning, and it’s high time for these corporations to take responsibility for the system they've created.

Federico Holm | August 7, 2023

New Analysis Finds “Participation Gap” in Shaping Public Protections, Calls for Reforms

Under the Biden administration, the U.S. regulatory system is experiencing a welcome renaissance, changing the way agencies see their role in society and the relationship between policymaking and public participation. However, the regulatory process is still providing outsized opportunities for large, sophisticated "repeat players" to shape our public protections because of the “two-tiered” nature of public participation that currently exists.

Daniel Farber | August 2, 2023

Revamping the NEPA Process

Early on July 28, the White House Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its National Environmental Policy Act (NEPA) regulations. The CEQ proposal deftly threads the needle, streamlining the NEPA process while protecting the environment and disadvantaged communities.

laptop hands typing

Conor Klerekoper | August 1, 2023

Creating Information Justice: Expanding Public Access to Employer Information

Information is vitally important to our daily lives, yet when it comes to the context of an employment relationship, so often that information travels on a one-way street. Employers, through the hiring process, know everything from our basic information to whatever intimate details that may arise in a background check. Yet, the wealth of information that would be important for employees, prospective hires, and the general public rarely flows in the opposite direction.

Robert Fischman | July 25, 2023

Beyond Trump Rule Reversals: A Lesson from the Endangered Species Act

Too much of the Biden administration's regulatory effort remains focused on reversing Trump administration environmental rulemakings. This defensive unwinding of rollbacks preoccupies progressive reformers at the expense of implementing a broader vision. A recent proposed Endangered Species Act (ESA) rule to restore a “blanket rule” for conserving newly listed threatened species illustrates how the Interior Department can get trapped the anti-regulatory framing of the prior administration.

Conor Klerekoper | July 24, 2023

A Possible Future for the PRO Act

The Protecting the Right to Organize Act, or PRO Act, would significantly change the landscape of unionization, strengthen protections and the bargaining position of workers, and create a better balance in the employer-employee relationship. But as it currently stands, the PRO Act's sponsors have not been able to advance the bill beyond the 60-vote threshold needed to defeat a Senate filibuster. Is there a way forward for the legislation?

Michael C. Duff | July 11, 2023

Sick Workers, Sick Families, Employer Immunity: California Picks a Pyrrhic Victory in Kuciemba

Nero fiddled, and I really don’t know how white powder made its way into the White House. But I do know that the California Supreme Court just issued an opinion in Kuciemba v. Victory Woodworks that will be incredibly hurtful to the working class during the next pandemic. I wonder how the California legislature will react.

A scientist tests water quality in a marsh

Daniel Farber | July 10, 2023

After Sackett: A Multi-Prong Strategy

The U.S. Supreme Court’s opinion in Sackett v. EPA dramatically curtails the permitting program covering wetlands. We urgently need to find strategies for saving the wetlands the Court left unprotected. We have a number of possible strategies and need to start work on implementing them immediately.