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Oct. 17, 2019 by James Goodwin

A Tribute to Rep. Elijah Cummings: Fueled by Compassion, a Champion of Social Justice

Rep. Elijah Cummings of Maryland was different from most other lawmakers we see today. He embodied a moral authority that others try to project but that for him was unquestionably authentic. When he spoke of working on behalf of "the people," there was never a shred of a doubt that he meant just that.

Rep. Cummings is a vivid reminder that our democratic institutions work best when they are open to genuinely diverse perspectives. His personal experiences with adversity and injustice helped forge the views he brought to his work as representative of Maryland’s 7th District, which includes some of the most economically distressed areas in the country. These lived experiences no doubt led him to view his constitutional duty to "promote the general Welfare" differently from many of his colleagues and to take that duty much more seriously.

Rep. Cummings brought this unique perspective to his work on U.S. regulatory policy. For many, this area of policy is arcane and technical. But he recognized the value of effective regulatory safeguards as a tool for achieving fairness and justice for all. Rep. Cummings richly deserves the many accolades he is now receiving. One important one that is …

Oct. 10, 2019 by James Goodwin
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Just when it seemed that President Donald Trump was completely immune to accountability for his various abuses of power, impeachment proceedings against him have quickly picked up steam over the last couple weeks.

Laying aside what happens with Trump, it's significant that it was a whistleblower complaint from a current CIA officer that helped expose the president's misconduct. (Reports that a second whistleblower, another intelligence official, is preparing to step forward have emerged in recent days.)

Therein lies one of the many important civics lessons to be drawn from the bit of history we're witnessing: The process to this point has confirmed the value of a high-quality, independent, and professional federal bureaucracy to the effective functioning of our democracy. For starters, while Trump administration political appointees and members of Congress on both sides of the aisle are likely to dominate the headlines as this drama plays out …

Oct. 10, 2019 by Daniel Farber
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Originally published on Legal Planet.

Stop me if you've heard this one before: Critical U.S. infrastructure is dilapidated and unsafe. Regulation is weak, and enforcement is weaker. Everyone agrees on the need for action, and climate change will only make the problem worse, but no one seems to do anything about it. Sadly, this has become a familiar story.

Take dams, for instance. A year ago, I noted that the federal government regulates the safety of only a small proportion of dams in the United States, while it owns less than 5 percent. According to the American Society of Civil Engineers, in 2015, there were more than 15,000 dams classified as "high-hazard potential," a number that had increased by a third since 2005. The federal government issues dam safety guidelines, but they are not mandatory. The national flood safety program is established by 33 …

Sept. 25, 2019 by David Flores
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On September 23, I attended the Climate Emergency: Tri-State Pipeline Strike in downtown Roanoke, Virginia. While affiliated with the Global Climate Strike week of action, the event in Roanoke was another milestone in the years-long and continuing struggle to prevent construction of natural gas pipelines through parts of North Carolina, Virginia, and West Virginia.                      

The day prior, my family and I attended a “Circle of Protection” event atop verdant Bent Mountain, which is home to a farming community and is part of the Roanoke River watershed, a source of drinking water for urban Roanoke. Bent Mountain and the greater Roanoke region are the site of multiple Native American burial grounds and other archeological sites that have been dug up and destroyed in the last two years to make way for the pipeline, so the event began with an acknowledgment of the original inhabitants of the land, their …

Sept. 19, 2019 by Katie Tracy
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Tomorrow (September 20), I'm standing up for workers' rights by marching to the U.S. Capitol in Washington, D.C., as part of the Global Climate Strike. I'll be walking in solidarity with the students and youth organizing the strike to spread the message that climate action is imperative.                      

Addressing the growing climate crisis and creating jobs are two necessary actions often pitted against each other, as if only one were possible at a time. That's a false choice, misleading rhetoric created by the fossil fuel industry and climate science deniers in Congress to slow down government action while continuing to pass the cost of dirty energy extraction onto families and communities – both in dollars and in health consequences. The reality is that we can have both good, green jobs and a healthy environment; thriving workers and a thriving planet go together.

Discussions about climate change often …

Sept. 18, 2019 by David Hunter
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For nearly two years, the World Bank Board of Directors has fumbled what should be an easy decision to modernize its Inspection Panel, the primary institution that addresses the damage the Bank's lending can do to local communities. At issue is whether the Panel should be able to monitor the Bank's implementation of Management Action Plans developed and approved in light of Panel investigations. What to all outside observers would seem like an inherent part of closing any complaint – to ensure promised commitments were fulfilled – has been opposed by certain borrowers and Bank staff who believe they should not be held accountable for impacts on local communities in the first place.

Like other development financial institutions (DFIs), the World Bank's focus on large-scale projects leaves local communities bearing a disproportionate level of environmental and social risk. Too often, that risk turns into actual harm – harm that those …

Sept. 5, 2019 by David Flores
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In August, Virginians remembered the devastation wrought by Hurricane Camille 50 years earlier. After making landfall on the Gulf Coast, that storm dumped dozens of inches of rain in western portions of the Commonwealth and killed more than 150 people in flash floods and landslides. Today, Virginians along the Atlantic coast and in the Hampton Roads region have Hurricane Dorian on their minds, with potentially life-threatening flooding, property destruction, and toxic floodwaters being serious hazards.

The National Weather Service is now predicting that Dorian could bring storm surge flooding of two to four feet to Hampton Roads by Friday afternoon. Heavy precipitation could also exacerbate storm surge with urban and river flooding.

Over the next several days, residents of Hampton Roads and government officials should also be cautious about the risk of floodwaters contaminated by wastewater and debris and, especially, the threat of flood-induced chemical disaster. Based …

Sept. 3, 2019 by Evan Isaacson
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Last week, the six Chesapeake Bay states and the District of Columbia posted their final plans to meet the 2025 pollution reduction targets under the Bay cleanup effort known as the Chesapeake Bay Total Maximum Daily Load ("Bay TMDL" for short). These final Watershed Implementation Plans (WIPs) were, by and large, little different from the draft ones released this spring, at least for the big three Bay jurisdictions (Maryland, Pennsylvania, and Virginia) that are responsible for roughly 90 percent of the nutrient pollution in the Bay.

When the draft Watershed Implementation Plan (WIP) for Pennsylvania was released in April, many were outraged that it contained a fatal flaw. The WIP failed to pass the most basic test, which is to propose actions that would actually provide the pollution reductions needed to meet the state's 2025 final Bay TMDL target. That fatal flaw still remains, although the final …

Aug. 21, 2019 by Joseph Tomain
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This op-ed was originally published in The Hill.

For the past couple of years, President Trump's federal budget proposal has called for the elimination of a crucial Department of Energy program — the Advanced Research Projects Agency-Energy (ARPA-E).

The agency’s mission is to fund high-risk/high-reward energy research — that is, research that has transformative potential for the nation’s economic and energy needs but that is deemed too expensive or too risky for energy companies to fund on their own. Congress, though, has wisely resisted the president’s proposal, and continued to fund ARPA-E. But the White House has stubbornly proposed eliminating the program again this year.

Congress should hold firm.

Read the full op-ed on The Hill's website.

Aug. 15, 2019 by Daniel Farber
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Originally published on Legal Planet.

Polls show that a great many members of our generation oppose taking action against climate change. I want to try to explain to that group why you should rethink your views. Let me start by explaining why climate action would benefit you yourself and then widen the focus to include your grandchildren and their kids.

Efforts to cut climate change right now aren't likely to have a big effect on climate in the next decade or two. But there are more immediate benefits from cutting carbon. Increasing energy efficiency will cut electricity bills, and stricter fuel efficiency standards will cut gas bills, so these measures pretty much pay for themselves. Moreover, a side effect of cutting carbon is reducing air pollution, which is especially important for people in our age group. When it issued Obama's Clean Power Plan, EPA estimated it would …

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