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Sept. 14, 2020 by Joel Mintz

Citizen Suits, Environmental Settlements, and the Constitution: Part I

This is the first post of a two-part set. Click to read Part II.

Over the past few years, the U.S. Department of Justice (DOJ) has shown increasing hostility to the use of Supplemental Environmental Projects (SEPs) in settlements of federal environmental enforcement cases. Aside from a series of ever-tightening SEP policies, however, DOJ has never asserted in court that these projects are unconstitutional. At least not yet.

In a case pending before the U.S. District Court for the Eastern District of Michigan, United States v. DTE Energy, Inc., the constitutionality of both SEPs and citizen suits in general may soon be at issue. The case began as a typical New Source Review matter in the Obama administration. The U.S. Environmental Protection Agency (EPA) asked the Justice Department to sue DTE on the grounds that equipment updates to some of the company's electric generating stations were sufficiently significant that its plants must be subject to the relatively stringent emission standards applicable to new and modified air pollution sources. The Sierra Club intervened in the lawsuit as a co-plaintiff under the citizen suit provision of the Clean Air Act.

After protracted litigation, the federal courts decided the New …

Sept. 9, 2020 by Matthew Freeman
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CPR Board President Rob Verchick is out with a new episode of the Connect the Dots podcast, the first in a new season focused on climate justice. As he puts it, "We’re looking at people living in the crosshairs of climate change, those disproportionately carrying the burden of the world and suffering on a daily basis."

As part of Rob's exploration of the issue in this episode, we hear from three experts on the topic, each with a different vantage point. CPR Member Scholar Maxine Burkett is a Professor of Law at the William S. Richardson School of Law, University of Hawai'i at Manoa. Leslie Fields is the Sierra Club's Senior Director of Environmental Justice and Healthy Communities. Mychal Johnson is co-founder of South Bronx Unite, a coalition of residents, organizations, and allies confronting policies that perpetuate harm and building support for viable community-driven solutions …

Sept. 8, 2020 by Rena Steinzor
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This commentary is included in the September/October 2020 edition of "The Debate," a section of The Environmental Forum. It was originally published by the Environmental Law Institute and is reprinted here with permission.

As the country prays for relief from the global pandemic, what have we learned that could help us protect the environment better? Most alarming, I would argue, are COVID-19's revelations about the power of conspiracy theories and the antipathy they generate toward scientific experts.

Take "America's Doctor" and the dark rumors percolating on right-wing websites. Anthony Fauci is a "Deep-State Hillary Clinton-loving stooge." He was paid off to the tune of $100 million by Bill Gates, who has invested heavily in the develop­ment of vaccines for COVID-19 and corruptly opposes chloroquine, a life-saving cure. The genesis of the pandemic was a Chinese virology lab, where scientists deliberately cre­ated …

Sept. 3, 2020 by Katlyn Schmitt
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In the absence of meaningful action by the federal Occupational Safety and Health Administration (OSHA), more than a dozen states, including Virginia, have issued emergency safety measures to protect essential workers from the risks of COVID-19. But Maryland – home to one of the largest poultry industries in the nation – is glaringly absent from that list.

We’ve seen dramatic changes in response to the coronavirus in the transportation, retail, and restaurant industries, but behind the closed doors at poultry plants, workers face dire health risks while continuing to labor in fear of contracting COVID-19.

Prior to the pandemic, workers in the poultry industry faced some fairly egregious working conditions. Inside plants, workers labor side-by-side while as many as 175 birds whizz by every minute for "processing." Painful repetitive stress injuries and cuts due to increased line speeds are all too common at these processing facilities. Reports …

Sept. 1, 2020 by Matthew Freeman
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Writing in The Hill this week, CPR's Bill Buzbee and Mažeika Patricio Sullivan expand on a point they and their co-authors on an important article in Science magazine last month made ably: The Trump administration is running roughshod over science and law in its efforts to deregulate.

Their Science article focused on the administration's gutting of Obama era protections for the nation's waterways, and in particular, the ways EPA had ignored compelling scientific evidence of the harm their rule rewriting would do. In their new op-ed in The Hill, Buzbee and Sullivan lay out their case on waterways, and go on to observe that the administration took a similar science-blind, law-ignored approach in other recent rulemakings. They write:

This month’s methane rollback for the oil and gas sector similarly used questionable data and science, also raising new legal hurdles for future regulation. The Trump administration recently …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Sept. 30, 2020

The Regulatory System Is an Important Part of Our Democracy. The 'Trump' Supreme Court Could Change That.

Sept. 28, 2020

Are You CPR's Next Executive Director?

Sept. 25, 2020

New Webinar Series on Toxic Floodwaters: Communities and Advocates Tackle Climate-Driven Chemical Disaster

Sept. 25, 2020

CPR Reflects on Justice Ruth Bader Ginsburg's Legacy

Sept. 24, 2020

Citizen Suits Are Good for the Regulatory System, and We Need More of Them

Sept. 22, 2020

Fighting Global Warming in a Chilly Judicial Climate

Sept. 21, 2020

Environmental Justice Is Not Un-American