This post was originally published on SCOTUSblog. Reprinted under Creative Commons license CC BY-NC-ND 3.0.

Notwithstanding the Freedom of Information Act's primary goal of promoting transparency in government decision-making, the Supreme Court on Thursday ruled by a 7-to-2 vote that the public policy of facilitating agency candor in exercising its expertise in preliminary agency deliberations can outweigh such transparency and accountability concerns. Justice Amy Coney Barrett delivered the 11-page opinion, her first majority opinion since joining the court in October. It was a natural debut given that the case, U.S. Fish and Wildlife Service v. Sierra Club, was the first oral argument that Barrett heard after joining the bench.

The case presented the question of whether FOIA's deliberative-process privilege exempts from disclosure certain documents prepared during a statutorily required interagency consultation process between the U.S. Fish and Wildlife Service and National Marine Fisheries Service …

In the United States, many people think the world's worst human rights abuses take place elsewhere. Unless you are among those in the United States who are subjected to such mistreatment.

On March 2, human rights experts called the world's attention to some of the most egregious and systematic human rights violations perpetuated here in the United States — and in particular in our neck of the woods in southeast Louisiana. International human rights experts condemned long-standing environmental racism in "Cancer Alley" — a heavily industrialized and polluted corridor along the Lower Mississippi River — and said it must end.

In a statement, the United Nations Human Rights Office of the High Commissioner summarized the experts' findings condemning the U.S. government's targeting of the residents of the region, most of whom are Black, for the siting of toxic polluting oil, gas, and chemical facilities. Plans to further develop the …

This post was originally published on Legal Planet. Reprinted with permission.

The COVID pandemic has provided a vivid picture of what happens when ill-prepared governments are suddenly hit with huge responsibilities. Underfunded state and local public health agencies were overwhelmed, while governors and local officials found themselves struggling to obtain and distribute vital supplies, from respirators to vaccines. Efforts to accelerate the transition away from carbon, such as a green stimulus, may run into similar problems if we neglect the agencies that will have to implement policies.

People tend to think of the energy transition in terms of wind turbines, solar panels, batteries, and charging stations for electric vehicles. That can presumably be accomplished through mandates to utilities or financial incentives. The trouble is that all of these changes have to function in connection with a power system that wasn’t built to accommodate them. That requires …

Change is a natural phenomenon, though it is often met with resistance and skepticism. Women, who are responsible for countless social, cultural, political, scientific, and economic achievements that have shaped the world, have stood in the face of such resistance, particularly when confronted with unequal opportunity and rights. 

International Women’s Day celebrates the changes made by women and calls for action to accelerate women’s equality. This year, International Women’s Day notes that a challenged world is an alert world, and from challenge comes change. 

At the Center for Progressive Reform, the women on our staff “choose to challenge” existing norms so that we may create a just America that works for all people and our planet. Below, our women staff describe what motivates them to work for all Americans.

Maggie Dewane, Digital Media Manager — My mother worked for the Department of Veterans Affairs for …

To commemorate Women’s History Month, we’re interviewing women at the Center for Progressive Reform about how they’re building a more just America, whether by pursuing a just transition to clean energy, protections for food workers, or legal support for American Indians. This week, we spoke with Hannah Wiseman, a professor at Penn State University who teaches and writes about energy and environmental law and land use regulation. 

CPR: What motivated you to become an expert in energy law and a voice for a just energy transition in the United States? Is there historical context to this or a moment in history that stood out to you as motivation or inspiration? 

HW: When I was working in Texas in 2008, two types of energy development were booming: hydraulic fracturing (“fracking”) for natural gas (“gas”) and wind energy. It became clear that we were at a …

This op-ed was originally published in The Hill.

Amid the Sturm und Drang (storm and stress) of politics these days, one fact stands out — a large majority of Americans want more regulatory protection in a wide variety of areas, according to a recent poll of likely voters.

The results are consistent with previous polls that indicate that Americans understand the importance of government regulation in protecting them from financial and health risks beyond their control. They also indicate majority support for efforts by the Biden administration to renew government regulation — as well as a stark repudiation of former President Trump’s extreme anti-regulatory agenda.

The poll, conducted in January by Data for Progress and the Center for Progressive Reform, found that a majority of likely voters favor more regulation of drinking water pollution (74 percent); consumer product safety (71percent); privacy data (70 percent); air pollution (68 percent …

This post was originally published on Legal Planet. Reprinted with permission.

"The social cost of carbon" isn't exactly a household phrase. It's an estimate of the harm caused by emitting a ton of carbon dioxide over the many decades it remains in the atmosphere. That's an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot of controversy. The Obama administration came up with a set of estimates, which Trump then slashed by 90 percent.

In an early executive order, Biden created a task force to revisit the issue. Last week, the task force issued its first report. It's an impressive effort given that Biden is barely a month into his presidency. The document provides a clear overview of the ways in which climate science and climate economics have advanced since the Obama estimates and makes …

Businesses that violate environmental laws and permits damage our air, land, and water, sometimes irreparably. Yet too often, these polluters aren't held accountable for harming the environment and public health. In Maryland, state officials don't respond to all violations, and, when they do, they aren't always successful. Even when they are successful, fines and other penalties don't necessarily result in behavior change. As a result, Maryland polluters are largely off the hook for the "externalities" of doing business.

To deter pollution, we need true accountability. We must ensure polluters pay for all harm done, whether to the environment, humans, and other species and habitats. Unfortunately, Maryland, like most other states, is a long way from achieving this goal. At CPR, we're tracking bills in the Maryland legislature that, if passed, would set the state on a path to greater compliance with environmental laws. These bills would: