Downstream Emissions
This post was originally published on Legal Planet. Reprinted with permission.
A recent Ninth Circuit ruling overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump administration's plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeals' decision may also change the way agencies consider other fossil fuel projects, such as gas pipelines.
In Center for Biological Diversity v. Bernhardt, environmental groups challenged the Interior Department's approval of an offshore drilling and production facility on the north coast of Alaska. In its environmental impact statement, the agency refused to consider the effects of the project on carbon emissions outside the United States.
On its face, as the court was quick to point out, the agency's position makes no sense. It's like assuming that if you pour water in one end of the bathtub, it won't rise on the other end. There's a world market for oil, so increased supply anywhere means that prices go down and world demand goes up. The Interior Department also said that the effect on emissions was too uncertain to quantify, but the court …
Ever since the U.S. Environmental Protection Agency (EPA) issued a dangerous (and now-rescinded) policy relaxing enforcement of environmental protections in March, the Center for Progressive Reform has watchdogged responses from state environmental agencies in three states in the Chesapeake Bay Region — Maryland, Virginia, and Pennsylvania.
While the EPA essentially gave companies a free pass to hide pollution violations during the pandemic, most states set up processes to handle COVID-19-related noncompliance. Environmental agencies in Maryland, Virginia, and Pennsylvania received dozens of waiver requests related to water, land, and air quality protections, pollution controls, sampling and monitoring, inspections, and critical infrastructure deadlines.
A majority of these requests were related to the pandemic. But others, such as those seeking to delay important deadlines for construction projects, were not. This suggests that some polluters are using COVID-19 as an excuse to subvert or delay deadlines that prevent further air or …
On October 22, we and millions of Americans watched the final presidential debate, taking in each candidate's plan for oft-discussed issues like health care, the economy, and foreign policy. Toward the end, the moderator posed a question that caught us and many others off guard: She asked the candidates how they would address the disproportionate and harmful impacts of the oil and chemical industries on people of color.
President Trump largely ignored the question. But former Vice President Joe Biden addressed it head on, sharing his own experience growing up near Delaware oil refineries and calling for restrictions on "fenceline emissions" — the pollution levels observed at the boundary of a facility's property, which too often abuts a residential neighborhood.
Many environmental justice advocates celebrated Biden's response, including Mustafa Santiago Ali, the former assistant administrator for environmental justice at the Environmental Protection Agency (EPA), who characterized Biden's response …
Editor’s note: This post is part of the Center for Progressive Reform’s Policy for a Just America initiative. Learn more on CPR's website.
At long last, we’ve reached “safe harbor” day, when states must resolve election-related disputes. Under federal law, Congress must count votes from states that meet today’s deadline. Donald Trump is essentially out of time to steal a second term; our democracy, it appears, will survive, at least for now.
Like many of you, I’ve been thinking a lot about the election — and what Trump’s relentless efforts to undermine it mean for our country. I’ve been thinking about the last one, too, when Trump took the helm of our country after a campaign of lies and hate — even though he received nearly 3 million fewer votes than his opponent.
I’ve been reflecting on other moments when our …
This post was originally published by the Yale Journal on Regulation's Notice & Comment blog. Reprinted with permission.
Every President since Jimmy Carter has called on agencies to make retrospective reviews of their regulations. President Clinton’s Executive Order 12866 required agencies to create a program of periodic review of existing significant regulations. More recently both Presidents Obama in E.O. 13563 and Trump in E.O. 13771 likewise have required agencies to engage in retrospective reviews. Numerous commentators, not the least of which is Professor and former OIRA director Cass Sunstein, have extolled the potential value of retrospective reviews. And the Administrative Conference of the United States has issued recommendations providing support for agencies to review their existing regulations. Indeed, the Regulatory Flexibility Act (RFA) requires agencies to make a retrospective review of 10-year-old regulations that “have a significant economic impact upon a substantial number …
This post was originally published on Legal Planet. Reprinted with permission.
Without a Democratic majority in the Senate, President Biden will have to rely on administrative action to do the heavy lifting. It's clear that EPA has a central role to play in climate policy, but EPA does not stand alone. Other agencies also have important roles to play. Fortunately, the Biden transition team seems to have come to this realization.
A multi-agency approach is especially important because bold actions by EPA will face a skeptical audience in the 6-3 conservative Supreme Court. Thus, a diverse portfolio with many different actions from many agencies is prudent. Moreover, EPA is much more in the political spotlight, so any bold action on its part is sure to be met with a political firestorm. Other agencies may fly more under the radar.
The final reason for multi-agency action is that …
After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve.
The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.
Using the regulatory system as a policy tool is not easy under ideal circumstances, let alone during difficult times like these. For the last four years, the Trump administration has …
American democracy, if it is to mean anything, demands that all eligible voters get to exercise their right to vote and that their votes actually be counted. We have watched with alarm as the former principle has come under unilateral attack from one political party for self-serving reasons in recent weeks. We are outraged to see the president attack the latter.
CPR is committed to meaningful public participation in all of America’s democratic institutions. We believe such participation is essential for ensuring more just and effective policies, but also for imbuing those policies with legitimacy and public confidence. Public participation is critical to empowering all Americans to have their say in our centuries-long project of forming a more perfect union.
As of early this afternoon, the presidential election is still undecided. Millions of votes in states that will ultimately determine the outcome remain uncounted. We join …
The Virginia General Assembly has wrapped a special legislative session to reform the Commonwealth’s budget. The story Virginians often hear is that lawmakers were busy pursuing social justice, spurred on by COVID-driven economic hardships and a historic demand for reforms. However, this story belies the fact that the Assembly failed to pass the meaningful social justice reforms called for by working-class Virginians, while giving away half a billion dollars in customer overcharges to Dominion Energy’s shareholders.
With the climate and COVID crises at the fore, state and local environmental regulation and decision-making has taken on greater weight. As CPR Policy Analyst Katlyn Schmitt points out in a new paper, there is still some low-hanging fruit to be picked before Virginians can be equitably served by and participate in the Commonwealth’s environmental decision-making process.
For one, public notice and comment procedures for proposed environmental rules …
Seventeen years ago, I had lunch at a suburban diner with Rena Steinzor, then a stranger to me, now an old friend. She'd found me through a colleague at the Natural Resources Defense Council, who'd suggested to her that I might be able to work with her and the other founding members of what was then the Center for Progressive Regulation as they sought to add some media know-how to their fledgling organization. If you've ever met Rena, you might know that her full-court press is second only to LBJ's. I took the gig, coming on board as a consultant, and have been here ever since.
Today, I take my leave after 17 terrific years. During that time, the organization has grown to be a true player on the issues we care about, producing smart, hard-hitting, idea-rich reports that create powerful intellectual ammunition for the progressive …
