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Showing 2,834 results

David Driesen | January 27, 2022

The Death of Law and Equity

On the same day, the U.S. Supreme Court issued decisions governing requests for emergency stays of two rules protecting Americans from COVID-19. Both rules relied on very similar statutory language, which clearly authorized protection from threats to health. Both of them presented strikingly bad cases for emergency stays. Yet, the Court granted an emergency stay in one of these cases and denied it in the other. These decisions suggest that the Court applies judicial discretion unguided by law or traditional equitable considerations governing treatment of politically controversial regulatory cases.

Karen Sokol | January 26, 2022

Slate Op-Ed: The Supreme Court’s Plan to Block Climate Action We Haven’t Even Taken Yet

On Feb. 28, the Supreme Court will hear oral arguments in the first of an expected wave of cases challenging governmental action to address the climate crisis. The court’s grant of four petitions seeking review in this case -- two by coal companies and two by states -- portends that the six conservative justices will erect significant barriers to meaningful climate policy and will continue to interfere with democratic governance in disregard of the rule of law.

Alejandro Camacho | January 21, 2022

Key Federal Agency Takes Steps to Protect Public Lands, Curb Climate Change

Following the announcement that the Bureau of Land Management will cap abandoned oil and gas wells on public lands, CPR is taking a look at the other top issues BLM and its new director, Tracy Stone-Manning, must address.

Sandra Zellmer | January 13, 2022

Will the 30 x 30 Initiative Protect 30 Percent of Freshwater Resources by 2030?

A global movement is underway to protect 30 percent of the Earth's lands and waters by 2030. More than seventy countries support this goal to combat climate change and slow the pace of species extinction, both of which are accelerating at an unprecedented rate. The two threats are closely intertwined. The greatest drivers of species extinction are climate change and habitat loss; by the same token, the loss of intact, functioning habitat and biodiversity diminishes the capacity for climate resilience. In the United States, one of President Biden's earliest executive orders, issued in his first week in office, established a goal to conserve at least 30 percent of U.S. lands and water and 30 percent of U.S. ocean areas by 2030. The order proclaims an "all of government" approach to strengthening climate resilience and biodiversity while promoting environmental justice and economic growth.

Johnathan Clark | January 12, 2022

States Should Act to Protect People and Our Environment from Unregulated Chemical Tanks

On the morning of January 9, 2014, residents of Charleston, West Virginia, noticed an unusual licorice-like odor in their tap water. Within hours, a federal state of emergency was declared as 300,000 West Virginia residents were advised to avoid contact with their tap water, forcing those affected to rely on bottled water until the water supply was restored over one week later. As detailed in our recent report, Tanks for Nothing: The Decades-long Failure to Protect the Public from Hazardous Chemical Spills, the West Virginia Legislature moved quickly to address demands for increased regulatory oversight of aboveground chemical storage tanks (ASTs). With the memory of the spill still fresh in the minds of legislators and constituents, West Virginia enacted the Aboveground Storage Tank Act in 2014. The program primarily serves two major functions: to enact and enforce standards to reduce the risk of a future spill, and to make information about regulated tanks available to state regulators and the public.

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.

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.

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.