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March 16, 2022

Fatou Ndiaye

Blog Post

ClimateDepartment of JusticeGovernment Capacity

To Take Down Corporate Polluters, the DOJ's Environmental Enforcer Needs More Capacity

Overseen by Assistant Attorney General Todd Kim, the Environment and Natural Resources Division (ENRD) is one of seven litigating components of the Department of Justice (DOJ). The ENRD is divided into ten sections, each with its own area of expertise. The Division fulfills a wide range of responsibilities. For instance, the ENRD is tasked with protecting the nation’s natural resources and enforcing U.S. civil and criminal environmental laws, including the Clean Water Act, Clean Air Act, and hazardous waste laws. The Division also handles tribal rights and resources cases. Other responsibilities include, but are not limited to, “facilitating cleaner energy and ensuring marketplace integrity; defending and adjudicating water rights for Federal agencies and Indian Tribes, as well as policies and decisions that support the generation of clean energy on Federal lands and the outer continental shelf; and, promoting international climate justice activities and the advancement of legislative and policy matters related to climate change.”

March 15, 2022 | The American Prospect

Hannah Story Brown

Op-Ed

ClimateCorporate CrackdownDepartment of JusticeEthics in GovernmentExecutive BranchIndependent Agencies

Where the Government’s Environmental Lawyers Stand

Joe Biden pledged that as president he would hold polluters accountable. But in 2021, the number of criminal cases against polluters referred to the Justice Department dropped even lower than the year before. At best, DOJ officials have set their sights on bringing environmental crime enforcement back up to Obama-era levels—but not exceeding them. That’s a decidedly muted goal; environmental crimes enforcement was higher under George W. Bush than Obama, and has always been underfunded.

March 11, 2022

Hannah Story Brown Dylan Gyauch-Lewis

Press Release

ClimateExecutive BranchFinancial RegulationIndependent AgenciesRevolving Door

Carbon Offset Legitimization Would Undermine Climate Progress, New Report Argues

The Revolving Door Project released a new “Industry Agenda” report today breaking down the systemic flaws and increasing relevance of the carbon offset industry as the favored greenwashing strategy for big industries and high-polluting nations. The report highlights the policies and executive branch agencies of interest to players in both voluntary and compliance carbon markets in the United States.

March 09, 2022

Hannah Story Brown

Blog Post

ClimateCorporate CrackdownDefenseExecutive Branch

Biden’s Ban on Russian Fuels Could Be a Climate Turning Point

With only a handful of years left to act before catastrophic global climate change becomes irreversible, every day is a high-stakes day for U.S. climate policy. But the past two weeks of Putin’s unconscionable war on Ukraine have been particularly nerve-racking for the future of the energy transition—a transition which is inextricably linked to the future of democracy everywhere. 

March 07, 2022

Timi Iwayemi

Blog Post

cryptocurrencyForeign PolicyTreasury Department

Obscure Agency Must Deny Russian Oligarchs Possible Crypto Sanction Evasion Tool

While it is unlikely that an economy as large as Russia’s can be rerouted through present crypto infrastructure, there remains opportunity for targeted individuals and entities to leverage the industry’s weak compliance mechanisms to move some of their assets. The Treasury Department’s Office of Foreign Asset Control (OFAC) and Financial Crimes Enforcement Network (FINCEN), in conjunction with the White House’s National Security Council, need to ensure this does not happen. 

March 04, 2022 | The American Prospect

Eleanor Eagan

Op-Ed

Corporate Crackdown

To Unify the Country, Biden Must Name Corporate Villains

With his approval numbers continuing their steady decline and a potentially bruising midterm contest looming, President Biden used his first State of the Union address to lay out a policy agenda that enjoys overwhelming popular support. Yet, as intuitive as that approach appears on its face, it’s a safe bet that the speech will not make a lasting difference for Biden or his party’s political fortunes. That’s in part because most of the policies that Biden touted require congressional approval and have no discernible path forward in the 50-50 Senate (not to mention the fact that only a small fraction of Americans tuned in to listen).

March 03, 2022

Toni Aguilar Rosenthal

Blog Post

Department of JusticeRevolving Door

Revolver Spotlight: Michael Easley Jr. and the Office of the U.S. Attorneys

As officers with extraordinary latitude and immense authority within their districts, U.S. Attorneys have the ability to implement ambitious reforms to the federal legal landscape in a direct and immediate fashion. U.S. Attorneys also have incredible freedom to reorient the undercurrent priorities of the federal legal system and to center historically under prosecuted, but systemic nonetheless, crimes such as corporate and white collar malfeasance. Because of the incredible potential of the position, it is critical that these offices are prioritized in Biden’s staffing of the federal bureaucracy. However, as we have examined previously, the Biden administration has proven remarkably slow in its nominations process for U.S. Attorneys positions, seemingly in part due to an unwillingness to decisively abandon deference to a racist Senate decorum procedure known as blue slips.

February 22, 2022

Dylan Gyauch-Lewis

Report

Anti-MonopolyDepartment of JusticeGovernment Capacity

Making The Antitrust Division Competitive: A Look At Capacity As Biden Revitalizes Enforcement

The Department of Justice’s Antitrust Division (ATR) is, along with the Federal Trade Commission (FTC), the primary regulator of antitrust law and is responsible for ensuring markets’ competitiveness. In that capacity, it investigates corporate consolidation and allegations of collusion and anticompetitive practices that undermine the free market. ATR is also responsible for supervising mergers and acquisitions to ensure that companies cannot establish monopolies. While both ATR and the FTC share this objective, the two divide jurisdiction based on industry. ATR also investigates and prosecutes criminal antitrust violations.

February 17, 2022

Press Release

ClimateFinancial Regulation

New Report Examines Treasury Research Division’s Destruction and Its Consequences for Climate Regulation

Today the Revolving Door Project released a report on the Office of Financial Research’s (OFR) capacity to proactively investigate and inform climate-aware regulation across the federal financial regulatory landscape. This is the fourth installment of our Climate Finance Capacity project, which examines the current state of financial regulation through the lens of the climate crisis. Our prior installments have looked at the role and capacity of the Commodities Future Trading Commission (CFTC), the Securities and Exchange Commission, and the Office of the Comptroller of the Currency (OCC) in crafting a more sustainable financial future. 

February 17, 2022

Toni Aguilar Rosenthal

Blog Post

ClimateFinancial Regulation

Dino Falaschetti and the Decimation of the OFR

The Office of Financial Research (OFR) was established by the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010. Charged with providing data, analysis, and research regarding systemic financial risks to the members of the Financial Stability Oversight Council (FSOC), OFR is an integral part of the federal infrastructure for safeguarding financial stability. OFR, while not itself a regulatory body, investigates systemic risks, standardizes the data used across government, and can offer financial regulators a more robust empirical base from which to devise regulations. OFR was designed to address the proven inability of financial regulators in the lead up to the Great Recession to understand dangers before threats turned into devastation.