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Dan Rohlf | July 6, 2021

The Pacific Northwest Heat Wave and Climate Change’s ‘New Normal’

While most people around the country were enjoying summer, residents of the Pacific Northwest used to joke about "Junuary" -- the cloudy and often rainy June days before the sun made its relatively brief appearance in the region after the Fourth of July. But as I wrote this post last week in Portland, Oregon -- a city set in a temperate rainforest ecosystem of towering trees and ferns -- it was 116 degrees outside, the third consecutive day over 100 degrees and the second in excess of 110. The only time I've personally experienced a comparable temperature was nearly two decades ago when I visited Death Valley National Park with my family. Now Death Valley had come to me.

Maggie Dewane | July 2, 2021

Declaring Our Independence from Fossil Fuels

How do we declare our independence from fossil fuels? While there isn't a single silver bullet, there are plenty of legislative and federal actions the United States government can, and should, take.

Daniel Farber | July 1, 2021

The Illusions of Takings Law

For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn out to be mushy and murky. Judicial rulings that seem to expand the rights of property owners turn out to undermine those rights. The Court's decision last week in Cedar Point Nursery v. Hassid illustrates both points.

Alina Gonzalez | June 28, 2021

Louisiana Environmental Justice Leader Wins Prestigious Environmental Prize

Environmental justice advocate Sharon Lavigne has won the world's largest prize for environmental advocacy for blocking a chemical giant from building a roughly $1.3 billion plastic manufacturing plant in St. James Parish, Louisiana, a majority-Black community.

Daniel Farber | June 25, 2021

The Regulatory Process: FAQs

Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden administration is gearing up to start a slew of regulatory proceedings, here's what you need to know about the process.

Allison Stevens, Laurie Ristino, Maggie Dewane, Steph Tai, Victor Flatt | June 24, 2021

CPR Scholars Call for ‘Vigilant Advocacy’ to Protect LGBTQ Gains

The Center for Progressive Reform stands with all who are working to advance equity and equality for LGBTQ Americans. To commemorate Pride Month, we asked three CPR leaders to weigh in on progress in this area.

Robin Kundis Craig | June 16, 2021

Waters of the United States, 2021/2022 Edition, Part II

In the first part of this post, I briefly touched on the chaotic history of the EPA and Army Corps' definition and regulation of "waters of the United States" under the Clean Water Act. I also pointed out that this definition and its varying interpretations across courts and administrations can have significant impacts on water pollution prevention and the protection of our nation's waterways. With the Biden administration tackling a redo of the "waters of the United States" rule, court challenges are sure to follow. In this post, I'll explore three approaches to the rule that might help it survive judicial review.

Robin Kundis Craig | June 16, 2021

Waters of the United States, 2021/2022 Edition, Part I

Recently, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers announced that the regulations defining “waters of the United States” under the Federal Water Pollution Control Act (better known as the Clean Water Act) are once again going to change. The importance of that announcement is best demonstrated through a quick recap of the chaos that has dominated this element of Clean Water Act jurisdiction.

Alina Gonzalez | June 15, 2021

Wind on the Water: Five Benefits of Offshore Wind Energy

Not long ago, the prospects of offshore wind energy seemed lofty, but the industry is finally taking off. As part of his efforts to combat climate change, President Biden has pledged to double offshore wind production by 2030. This commitment stems from the enormous benefits and potential that wind energy can provide as we transition to clean, sustainable energy.