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July 7, 2021 by David Flores, Darya Minovi

President Biden: Take Action Now to Protect the Public from 'Double Disasters'

To read the policy brief related to this post, click here.

Update: Read Senior Policy Analyst David Flores and Policy Analyst Darya Minovi's July 8 testimony to EPA.

Four years ago, Hurricane Harvey slammed into the coast of Texas, causing severe flooding in the Houston area and leading to a loss of electrical power throughout the region. During the blackout, a local chemical plant lost its ability to keep volatile chemicals stored onsite cool, and a secondary disaster ensued: A series of explosions endangered the lives of workers and first responders and spurred mass evacuations of nearby residents.

This infamous incident was a classic "double disaster" — a natural disaster, like a storm or earthquake, followed by a technical disaster, like a chemical release or explosion.

Also known as "natech" disasters, these events pose a severe and growing threat to public and environmental health — and to workers in particular, who are hurt "first and worst." Hundreds of thousands of Americans have been injured, killed, or forced to shelter in place or evacuate in the wake of such disasters in recent decades, and countless others have been needlessly exposed to toxic pollution.

Low-income people and people of color are at …

July 6, 2021 by Dan Rohlf
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While most people around the country were enjoying summer, residents of the Pacific Northwest used to joke about "Junuary" — the cloudy and often rainy June days before the sun made its relatively brief appearance in the region after the Fourth of July. But as I wrote this post last week in Portland, Oregon — a city set in a temperate rainforest ecosystem of towering trees and ferns — it was 116 degrees outside, the third consecutive day over 100 degrees and the second in excess of 110. The only time I've personally experienced a comparable temperature was nearly two decades ago when I visited Death Valley National Park with my family. Now Death Valley had come to me.

Life changes at these temperatures in the Northwest. Much of our infrastructure was not designed to withstand such extreme conditions. Portland's light rail system ceases to function, of course forcing more …

July 6, 2021 by James Goodwin
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The White House is asking for input on how the federal government can advance equity and better support underserved groups. As a policy analyst who has studied the federal regulatory system for more than a dozen years, I have some answers — and I submitted them today. My recommendations focus on the White House rulemaking process and offer the Biden administration a comprehensive blueprint for promoting racial justice and equity through agencies’ regulatory decision-making.

To put it bluntly, the U.S. regulatory system is racist.

Key institutions and procedures throughout the rulemaking process contribute to structural racism in our society, resulting in policies that exacerbate racial injustice and inequity. We can’t have truly equitable regulatory policy unless and until these features of the regulatory system are reformed or eliminated.

To make good on its promise to advance equity, the Biden administration must overhaul two interrelated components of …

July 2, 2021 by Maggie Dewane
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When in the Course of human events, it becomes necessary for all people to dissolve the reliance on finite energy sources, and to assume a sustainable future, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the demands of humankind requires that they should declare an end to fossil fuel dependence. 

Six in ten Americans support dramatic reduction of the country’s fossil fuel use to reduce greenhouse gas emissions and address climate change. While this isn’t a unanimous declaration, it represents a truth that policymakers and big corporations have been resisting: The majority of Americans believe there is urgency in addressing climate change and that transitioning away from fossil fuels is a necessary component of climate action.

To establish our independence from fossil fuels, there is no silver bullet, but a multitiered …

July 1, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn out to be mushy and murky. Judicial rulings that seem to expand the rights of property owners turn out to undermine those rights. The Court's decision last week in Cedar Point Nursery v. Hassid illustrates both points.

Cedar Point Nursery involved a California law giving labor organizers the right to go into a farm to talk with farmworkers, thereby interfering with the owner's ability to exploit its workers. (No, that's not quite the language the Court used.) The Supreme Court held …

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