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Daniel Farber | January 25, 2021

The Controversial Congressional Review Act

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly -- for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. Undoing most regulatory rollbacks, however, will require a review process that can take years, often followed by further delays during litigation. There is an alternative, but it comes with risks.

Katlyn Schmitt | January 22, 2021

Maryland Considers Bills to Protect Public, Environmental Health

The Maryland General Assembly is back in session -- and we at the Center for Progressive Reform are tracking a number of bills that, if passed, will have a lasting impact on the people of Maryland and their environment. Several could also spur other states to improve their own environmental and public health protections.

Joseph Tomain | January 22, 2021

Biden Named Richard Glick as Chair of the Federal Energy Regulatory Commission. What’s Next for the Agency?

President Joe Biden named Commissioner Richard Glick as Chair of the Federal Energy Regulatory Commission (FERC) January 21. Glick succeeds Chairman James Danly. The Commission is expected to retain its Republican majority until Commissioner Neil Chatterjee's term is up on June 30. What's next for the agency?

Katie Tracy | January 21, 2021

Biden Tapped Frederick, Hughes, Rosenthal for OSHA’s Leadership Team. Here’s How They Can Fix the Agency.

President Joe Biden has tapped three seasoned experts to jumpstart the Occupational Safety and Health Administration (OSHA), the federal government's main worker health and safety agency. Jim Frederick will serve as Deputy Assistant Secretary of OSHA and will head the agency until a permanent Assistant Secretary is confirmed. Frederick’s experience includes over two decades working for the United Steel Workers' health, safety, and environment department. In his latest role, Frederick served as the assistant director and principal investigator for the department. Biden has also named Chip Hughes, former director of the National Institute of Environmental Health Sciences Worker Education and Training Program, as Deputy Assistant Secretary for Pandemic and Emergency Response. This will be a crucial role in the weeks and months ahead. Ann Rosenthal will join the team as Senior Advisor. Rosenthal served as the Associate Solicitor for Occupational Safety and Health at the Department of Labor until 2017 and has decades of legal experience protecting worker health and safety.

James Goodwin | January 20, 2021

The Era of ‘Small Government’ Must End: Reflections on the Capitol Insurrection

The pro-Trump insurrection that took place at the United States Capitol on January 6 was the most serious threat to the rule of law in our country in well over a century. Unless we fully grapple with the conditions and causes that gave rise to it, this threat will linger, waiting for the next spark to reignite it.

Daniel Farber | January 19, 2021

Rethinking Presidential Administration

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process, away from agencies. That trend has accelerated to the point where the White House controls even the fine details of regulation.

Michele Janin, Robert Verchick | January 14, 2021

CPR Welcomes New Executive Director Minor Sinclair

Over the last six months, we had the honor of leading the search for a visionary new leader to guide our organization. Our search is over, and we're thrilled to announce that Minor Sinclair will be taking CPR's helm next month.

Daniel Farber | January 13, 2021

Next Steps to Save the Global Environment

Donald Trump's hostility domestic environmental regulation is notorious. He also stalled or backpedaled on the international front. Here are seven steps that President Biden could take to remedy the situation.

Victor Flatt | January 12, 2021

Study Finds Significant Flaws with Trump Waters of the United States Rule, Provides Legal Support for Biden Replacement

One of the most vexing environmental law issues of the last three decades is the scope of the term "waters of the United States" (WOTUS) in the Clean Water Act -- and what marshes, lakes, and streams fall under its purview. A connected legal question stretching back even further is how much deference to give agencies in policymaking and legal interpretations. These issues are present in both the Trump administration's final "Waters of the United States" rule, which narrowly defines waters subject to the act, and the Biden administration's likely attempt to expand that definition. The Trump administration's narrow approach dramatically reduces the number of waterways under federal protection. A broader definition would restore and possibly expand protections to better safeguard public and environmental health.