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The Center for Progressive Reform was founded during the George W. Bush era when Republicans won the White House and controlled both houses of Congress. As a candidate, Bush threatened to put in the crosshairs the nation’s social safety net, public protections, and the government’s role to protect civil rights, consumer rights, the environment, and the common good. The circumstances were similar to those we currently find ourselves in. Then, as now, our job was to secure the system of rules and regulations critical to protecting people from harm and the environment from degradation. Still, we now face challenges that are entirely new.

When the U.S. Supreme Court overruled Chevron, one effect was to raise a crucial question about how courts should apply the National Environmental Policy Act (NEPA). For decades, courts have deferred to regulations issued by the White House Council on Environmental Quality (CEQ). The basis for that deference was a bit fuzzy, but now it is much fuzzier. 

In what could turn out to be another loss for environmental protection in the Supreme Court, the Court is about to decide a major case about the scope of the National Environmental Policy Act of 1969 (NEPA). The case, Seven County Infrastructure Coalition v. Eagle County, has important implications for issues such as whether NEPA covers climate change impacts. The same groups that succeeded in drastically cutting back on federal wetlands jurisdiction a few years ago are hoping to do the same thing to environmental impact statements. This post will provide the key background on the case.

Pending House spending bills confirm that conservative members of Congress are all in on Project 2025. Specifically, I reviewed the nearly 500 “poison pill riders” that have been crammed into those measures, and I found over 300 that were aimed at advancing specific recommendations contained in Project 2025’s comprehensive policy blueprint.

The Project 2025 report is 920 pages long, but only a few portions have gotten much public attention. The report’s significance is precisely that it goes beyond a few headline proposals to set a comprehensive agenda for a second Trump administration. There are dozens of significant proposals relating to energy and the environment. Although I can’t talk about all of them here, I want to flag a few of these sleeper provisions. They involve reduced protection for endangered species, eliminating energy efficiency rules, blocking new transmission lines, changing electricity regulation to favor fossil fuels, weakening air pollution rules, and encouraging sale of gas guzzlers.

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.

T.S. Eliot was wrong. April is not the “cruellest month.” June is. In slightly over two weeks at the end of June 2024, the United States Supreme Court made mass murder easier, criminalized homelessness, partially decriminalized insurrection, ignored air pollution and climate change by curtailing agency actions, made it more difficult to fine securities and investment frauds, and deregulated political corruption while failing to affirmatively protect women with possibly fatal pregnancies. To this list, add the Court’s July 1, 2024, ruling effectively giving Donald Trump a pathway to an authoritarian presidency by delaying his criminal trials and then, as extralegal protection, effectively immunizing him from the worst of possible crimes. How did we get here? Rena Steinzor's new book, American Apocalypse, makes an important contribution to the literature examining the Right by bringing together several movements that have landed us where we are today.

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.

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.