Environment & Energy

After the Supreme Court's decision last month rejecting the Biden vaccine mandate for large employers, it wasn't just the public health community that was asking "where do we go from here?" Environmental activists and attorneys immediately recognized that the Court's reasoning in the vaccine case, National Federation of Independent Business v. Department of Labor, will likely lead to a win for the fossil fuel industry in the biggest environmental case of this term, West Virginia v. EPA.

In its first year in office, the Biden administration has, to its credit, reversed a number of anti-environmental policies initiated by former President Donald Trump. Gone is the previous administration's infamous "two-for-one" policy, under which federal agencies had to eliminate two regulatory requirements for every new regulation they proposed. Numerous Trump-era initiatives that cut back needed air and water quality protections have also been rescinded. And, thankfully, the U.S. Environmental Protection Agency (EPA) and other federal agencies are once again focused on responding to the mounting dangers posed by the climate crisis. Given these steps forward, it is perplexing that the current administration has not yet restored a critical environmental tool that has proven workable and highly beneficial in past years: EPA's Supplemental Environmental Projects (SEPs).

Last fall, on the same day that the parties to the Paris Agreement gathered in Glasgow for their first day of their annual international climate meeting, the U.S. Supreme Court announced it would review an appellate court decision about the U.S. Environmental Protection Agency’s authority to regulate greenhouse gases from fossil fuel power plants under the Clean Air Act. Fast forward half a year: On February 28, the day that the U.N. Intergovernmental Panel Climate Change issued its sobering report on climate adaptation and harms to human and planetary well-being, the court heard oral arguments in the case—West Virginia v. EPA. Once again, it was a split-screen reality.

Member Scholar John Knox testified at a House Natural Resources Committee hearing on March 29, 2022, and discussed the Advancing Human Rights-Centered International Conservation Act of 2022 and other proposed legislation designed to ensure that human rights are advanced, respected, and protected by international conservation programs and projects.

It is past time for federal regulatory agencies to better engage the public and incorporate their unique on-the-ground perspectives to inform their work and make better, fairer decisions. To its credit, the Federal Energy Regulatory Commission (FERC) is taking steps to do so and has created a new leadership role focused on environmental justice and equity. A major structural change is also underway: after decades of delay, FERC is now creating a new Office of Public Participation (OPP) to empower the public through more inclusive and responsive policymaking processes. This report provides core constituencies — agency policymakers, advocates for energy justice, and members of the public who are concerned about our energy future — with the information they need to ensure the OPP achieves its goal of promoting greater energy democracy at FERC. It begins by describing FERC’s role in energy policy and how its actions impact Americans; it then reviews FERC’s progress thus far in constituting the OPP. Finally, it offers recommendations to ensure the OPP achieves its goals and lessons to enhance regulatory democracy and equity across all federal regulatory agencies.