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Showing 438 results

Thomas McGarity | May 12, 2023

Another Step Toward Judicial Supremacy

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.

Wetlands Landscape

Minor Sinclair | May 11, 2023

In Upcoming Fishing Case, High Court Could Reel in Entire Administrative State

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.   

Marcha Chaudry | May 1, 2023

What the Legacy of PCBs Means for Efforts to Protect Virginia’s James River from Toxic Contamination

Earlier this year, the Richmond Times Dispatch reported that Virginia Department of Environmental Quality (DEQ) scientists are working to reduce the daily flow of cancer-causing PCBs into the James River and keep the commonwealth's water clean and safe to drink.

Minor Sinclair | April 26, 2023

Welcoming Five Prominent Academics to the Center for Progressive Reform

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!

Allison Stevens | April 25, 2023

Scholars Kick Off 2023 Advocating for Clean Water, Climate Resilience, and More

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.

A family exiting their electric vehicle

Daniel Farber | April 24, 2023

The Car Rule and the Major Questions Doctrine

Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heritage Foundation and states like Texas were quick to wheel out this attack. No doubt the same attack will be made on the administration's ambitious proposed post-2026 standard. Maybe Judge Kacsmaryk in Amarillo, crusader against abortion pills and all things liberal, would buy that argument. But opponents won’t be able to handpick their judge this time, and the chances that this argument will win in the D.C. Circuit are slim to none.

A construction worker wipes sweat from his forehead

Cinthia Moore | April 24, 2023

Nevada Is Pioneering Efforts to Protect Laborers from Heat and Pollution

Nevada is considered one of the hottest states in America, and it consistently tops the list of places with the most heat-related deaths per year in the country. But what a lot of people don’t know is that it is also the second most polluted state, with wildfires, vehicles, factories, and the mining industry being the biggest sources. The deadly combination of scorching heat and poor air quality makes Nevada a hazardous place to work, especially for migrants who work under the heat of the sun. Even those working indoors are exposed to poor air quality with no climate controls every single day.

James Goodwin | April 20, 2023

Center Scholar Rob Fischman Defends Endangered Species Protections Against House Assault

On April 18, congressional conservatives turned their favorite anti-regulatory weapon toward a new target: the Endangered Species Act (ESA). At a hearing of the Water, Wildlife and Fisheries Subcommittee of the House Natural Resources Committee, the majority pushed no less than three Congressional Review Act (CRA) resolutions aimed at blocking ESA protections. Testifying at the hearing in response to these attacks was Center for Progressive Reform Member Scholar Rob Fischman, a law professor at Indiana University Maurer School of Law and a widely recognized ESA expert.

Scales of justice, a gavel, and book

Daniel Farber | April 19, 2023

The Revenge of the Lawyers

As you’ve probably heard, the Biden administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress rather than on a purely economic analysis. That may not sound like much, but it’s a really big deal. Among other things, this will shift influence on the regulatory process somewhat away from economists and toward lawyers.