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Dec. 15, 2020 by Daniel Farber

Restoring Agency Norms

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

Donald Trump prided himself on his contempt for established norms of presidential action. Whole books have been written about how to restore those norms. Something similar also happened deeper down in the government, out in the agencies like the U.S. Environmental Protection Agency (EPA) that do the actual work of governance. Trump appointees have corrupted agencies and trashed the norms that support agency integrity. It will take hard work to undo the harm. White House leadership is important, but success will require dedicated effort by the agency heads appointed by Biden.

Scientific integrity. The role of science is the most obvious example of norm busting under Trump. Whether it is EPA, the National Oceanic and Atmospheric Administration (NOAA), the Food and Drug Administration (FDA), or the Centers for Disease Control and Prevention (CDC), the Trump administration shoved aside mainstream scientists in favor of ideologues and fringe figures. Agencies need to adopt stringent scientific integrity standards and ensure that good science won't be squelched in favor of political expediency.

Ethics rules. Much stricter ethics standards are also necessary. The Trump administration was notorious for conflicts of interest, as it …

Dec. 9, 2020 by Darya Minovi, Rebecca Bratspies
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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 …

Dec. 8, 2020 by Laurie Ristino
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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 …

Nov. 20, 2020 by Daniel Farber
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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 …

Nov. 18, 2020 by James Goodwin, Amy Sinden
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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 …

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