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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Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date.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.

Alice Kaswan, Shalanda H. Baker | January 11, 2021

The Hill Op-ed — From Rhetoric to Reality: Achieving Climate Justice

The Black Lives Matter movement highlights long-standing inequities and amplifies the drumbeat for climate justice and an equitable transition to a clean economy. With the incoming Biden-Harris administration and a growing list of environmental justice advocates at the helm, it's time to move from rhetoric to reality. We offer concrete proposals to turn climate justice goals into climate justice policies.

Amy Sinden, Richard Parker | January 8, 2021

Andrew Wheeler’s Trojan Horse for Clean Air Act Regulation

T'was the season of gift-giving and on December 9, outgoing EPA Administrator Andrew Wheeler delivered a parting gift for his successor in the form of a new regulation: Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.

Darya Minovi, James Goodwin | January 7, 2021

Incoming Biden Administration Should Repeal Harmful EPA Censored Science Rule

In a last-ditch effort to further weaken the U.S. Environmental Protection Agency's (EPA) ability to protect public health, this week, the Trump administration published its final “censored science” rule. As stated in the Center for Progressive Reform’s comments on the draft rulemaking, this proposal unjustifiably limits the research that can be used in regulatory decision-making, giving more weight to studies where the underlying data is publicly available. These restrictions will apply to dose-response studies -- which measure how much an increase in pollution exposure increases public health harms -- and which often rely on medical and other private data. CPR urges the incoming Biden administration to repeal this misleading and harmful rulemaking.

James Goodwin | January 4, 2021

Top Ten Regulatory Policy Stories to Look Out for in 2021 — Part II

In my previous post, I began my review of 10 key regulatory policy stories to watch out for as 2021 gets underway. In this piece, I wrap up that list and offer some closing thoughts.