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Robin Kundis Craig | October 15, 2024

San Francisco Is Suing the EPA over How Specific Water Pollution Permits Should Be

The U.S. Supreme Court will test how flexible the EPA and states can be in regulating water pollution under the Clean Water Act when it hears oral argument in City and County of San Francisco v. Environmental Protection Agency on October 16. This case asks the court to decide whether federal regulators can issue permits that are effectively broad orders not to violate water quality standards, or instead may only specify the concentrations of individual pollutants that permit holders can release into water bodies.

James Goodwin | September 19, 2024

The Right Has an Authoritarian Vision of the Administrative State. Now It’s Time for a Progressive Alternative.

A government that recognizes that it has an affirmative responsibility to address social and economic harms that threaten the stability of our democracy. An empowered and well-resourced administrative state that helps carry out this responsibility by, among other things, collaborating with affected members of the public, particularly members of structurally marginalized communities, while marshaling its own independent expertise. We believe that these are some of the core principles that should make up a progressive vision of an administrative state.

Minor Sinclair, Spencer Green | September 12, 2024

Announcing Three New Member Scholars at the Center for Progressive Reform

The summer of 2024 will be remembered for many things, but here at the Center for Progressive Reform, what most struck us was that it was the year that the administrative state broke through into public consciousness. From the unexpected virality of, and backlash against, Project 2025 — a massive right-wing legal manifesto as aggressive as it was arcane — to the Supreme Court regulatory rulings that made headlines for weeks, this year’s political news drove home that the work we do to protect the environment, the workforce, and public health matters very much to we, the people when these things are under attack. In this context, we approach the task of inviting new members to join us in our work with seriousness, but also with much excitement. This spring, we reviewed nearly two dozen exceptional candidates from the fields of law and public policy. Today, we are pleased to announce that we have a cohort of three excellent scholars to add to our ranks.

Grayson Lanza | August 8, 2024

CAFO Lagoons in North Carolina: A Case Study in Advocacy and State Administrative Law

Eastern North Carolina’s landscape is pocked with artificial lagoons holding a noxious liquid that causes suffering both for local residents and the global climate. The liquid? Hog manure, held in giant, open-air pits that are used by large-scale industrial facilities called concentrated animal feeding operations (CAFOs), In CAFOs, operators raise large numbers of animals in confined spaces that allow for easier feeding and waste management — and higher profits.

James Goodwin | July 29, 2024

My Tribute to Former Center President and Member Scholar Rena Steinzor

When I think about what makes the Center for Progressive Reform the “Center for Progressive Reform,” one name comes to mind: Rena Steinzor. This year, Rena is officially retiring from her “day job” as Professor of Law at the University of Maryland Francis King Carey School of Law, so it is a fitting occasion to reflect on what her “side hustle” at the Center meant for the organization and for me personally.

Daniel Farber | July 11, 2024

Understanding Loper: The Grandfather Clause

To cushion the shock of abandoning Chevron, the U.S. Supreme Court created a safe harbor for past judicial decisions. This was well-advised. The Court itself applied Chevron at least 70 times, as did thousands of lower court decisions. The key question will be the scope of the grandfather clause.

Daniel Farber | July 10, 2024

After Loper: The Primacy of Skidmore

Regulations that were upheld by the courts during the Chevron era have some protection, but new regulations will be fully subject to Loper Bright rather than Chevron. The general refrain in the Loper opinion is “Skidmore deference.” What does that mean and when does it apply?

Daniel Farber | July 8, 2024

Understanding Loper: Delegation and Discretion

One thing about the Loper Bright decision is obvious: it overruled Chevron. So much for past law. What about the future? How should courts review agency regulations now that Chevron is gone? This post tackles a key paragraph in the Loper opinion where the U.S. Supreme Court discusses congressional delegation of authority to agencies. The Court discusses three types of statutes, and it will be crucial for judges in future cases to identify which type is present.

William Funk | July 2, 2024

What’s Next after Supreme Court Opinion in SEC v. Jarkesy?

I am appalled by U.S. Supreme Court Chief Justice John Roberts’ opinion in SEC v. Jarkesy because it is so dishonest in its use of precedent. Put aside for the moment whether fraud under the Securities and Exchange Commission’s (SEC) statutes is the equivalent of common law fraud, despite the clear differences between the two. The Chief Justice’s description of the law regarding “public” versus “private” rights as a basis for placing enforcement actions in an agency rather than a court is itself a fraud.