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Following all the partisan rancor on the Hill lately, yesterday’s hearing before the Subcommittee on Energy and Mineral Resources of the House Natural Resources Committee was a breath of fresh air. It focused on two important bills that can help Appalachian communities transition to a post-carbon economy in a way that addresses the harmful environmental […]

The National Environmental Policy Act (NEPA) was passed over 50 years ago. It created a new tool for environmental protection — the environmental impact statement. It also created the White House Council on Environmental Quality (CEQ), which issued guidelines for implementing NEPA in 1978. Lawyers will need to retool quickly because of recent changes. Here’s a roadmap to recent developments.

The following post provides detailed analysis of the recent Sackett v. Environmental Protection Agency U.S. Supreme Court decision. It was originally posted to The George Washington Law Review and is  cross-posted with permission.  The current Supreme Court is not a friend of the administrative state. A majority of its members seem to take particular umbrage at administration of the regulatory programs […]

In Sackett v. Environmental Protection Agency, the U.S. Supreme Court narrowed the federal government’s power to protect wetlands. The Court required “Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the Power of government over private property.”

Gone are the days when people thought little about energy policy — when little more was demanded than reliable access to electricity at affordable prices. Rather, more and more Americans are becoming aware how our energy choices are inextricably intertwined with other shared values. A new report from the Center for Progressive Reform looks at this growing awareness and more through the lens of energy democracy.

The U.S. Supreme Court last week agreed to decide a case that could bring on a major weakening of the laws that the United States Congress has put into place to protect public health, safety, and the environment. The Chevron doctrine, as it's known, has never been popular with the regulated industries and conservative think tanks that want to limit the power of federal agencies.

On May 1, the U.S. Supreme Court agreed to hear a case on whether the U.S. Department of Commerce has the authority to require fishermen to allow inspectors on board. At stake is the ability of agencies to write regulations that reasonably interpret laws even when they are ambiguous.   

Six years ago, Smithsonian Magazine was among those decrying the death of public intellectuals (“the egghead is dead”). Where are today’s Ralph Waldo Emersons or James Baldwins or Susan Sontags, they mourned. The article went on to offer a fascinating insight. History shows that “public intellectuals always emerged when the country was sharply divided: during the Civil War, the Vietnam War, the fights for civil rights and women’s rights.” In this moment of ever-deepening divide, it gives me great pleasure to announce that the Center for Progressive Reform welcomes five prominent academics to our network. The toll for the death of expertise may have been premature; long live public intellectuals!

Testifying before Congress, releasing new books, engaging with the news media — our Member Scholars packed virtually a year’s worth of advocacy on climate justice, clean air and water, and worker health and safety into the first three months of 2023.