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August 08, 2022 | Washington Monthly
Why Is Merrick Garland Sticking with Donald Trump on Climate Lawsuits?
It started with Boulder in early February. Then came Baltimore and San Mateo in April. Now Honolulu and Maui are the latest municipalities to overcome a crucial legal hurdle in their fight to make fossil fuel companies pay for their role in climate change. After years of obstruction, it looks like state courts will hear arguments from these cities—as well as several states—that big energy companies knowingly concealed and misrepresented the harms of their products, contributing to climate damages these regions face. Five federal appeals courts have green-lit suing the fossil fuel giants in state court, where these state and local governments have a better chance of prevailing. The stakes are massive: requiring fossil fuel companies to foot the bill for climate change–related damages to U.S. cities and states could easily run into the tens of billions.
July 29, 2022 | The American Prospect
It’s Past Time to Replace IRS Chief Charles Rettig
Earlier this month, The New York Times broke the story that former FBI director James Comey and his former deputy director Andrew McCabe, both loathed and eventually fired by President Trump, also both underwent rare and intensive tax audits under the National Research Program, which studies tax compliance and calculates the “tax gap” (the difference between legally owed tax and what is actually paid). Out of around 154 million annual tax returns, the National Research Program selected just 5,000 tax returns in 2017 and 8,000 in 2019 to audit. Neither man knew the other had undergone the same audit until a Times reporter told them.
July 13, 2022 | Revolving Door Project Newsletter
Newsletter Confirmations CrisisCorporate CrackdownDepartment of JusticeEthics in GovernmentLarry Summers
Only Through Change Can We Save Our Institutions Now
So the rollercoaster ride continues, deep into the summer. Thankfully, while Congress is in session—and these next three weeks of negotiation are expected to be deeply consequential for the future of the clean energy transition—the Supreme Court is not. (Well, let’s hope they don’t abuse the “Shadow Docket” [pdf]). We shouldn’t have to hear from them again until the first Monday of October. But of course, after months of waiting with heightened anxiety for Dobbs v. Jackson, West Virginia v. EPA, and many other rulings to drop, the Supreme Court had to leave us with something new to worry over as they headed out the door for summer vacation: Moore v. Harper.
June 30, 2022
Press Release Climate and EnvironmentCongressional OversightEthics in GovernmentExecutive BranchIndependent Agencies
RELEASE: Impact of Supreme Court’s EPA Decision Can Be Minimized Through Decisive Executive Counteractions
Today the Supreme Court issued its long-awaited opinion in West Virginia v. EPA, curbing the EPA’s authority to establish carbon emissions caps under Section 111 of the Clean Air Act. It is a significant blow, and is further evidence of how far this empowered, extremist Supreme Court will go to erode the functions of our government and contravene the public interest. But it is not a lethal blow. Many tools to stave off the climate crisis and facilitate an equitable energy transition remain available to the EPA, to the White House, and to Congress.
June 28, 2022 | Revolving Door Project Newsletter
Like Frogs In Boiling Water
In times like this, I find myself suspicious of language. The very act of stringing sentences together seems to aid and abet inertia; there is something far too “business as usual” about paragraphs. On Friday I sweated in a sea of protestors. We gathered to share our grief, our rage, our exhaustion. What was missing was a plan. The sound system wasn’t working, or was too weak to reach most of the crowd; we stood and listened to the distant crackle of magnified anguish we couldn’t quite make out, and we cheered when others cheered, and we read each other’s signs, and we fervently, ironically, sadly, gratefully agreed. But now what?
June 08, 2022 | Revolving Door Project Newsletter
June Gloom for Student Debtors, Plus Biden’s Solar Breakthrough
The tortuous game of will-they-won’t-they cancel student debt continues. Biden’s decision this week to cancel $5.8 billion in debt held by 560,000 former students of the systematically fraudulent, now-defunct Corinthian Colleges seems to signal a willingness (finally!) to wield executive authority on higher ed issues. Meanwhile, a historic coalition of over 500 labor, civil rights and advocacy groups continues to press Biden for sweeping cancellation. The labor movement has been ramping up its calls for student debt cancellation, and more unions, including the Amazon and Starbucks unions and several traditionally blue-collar unions, are joining the fight. This show of force from a broad labor base could help Biden overcome his political reservations, with organized labor actively refuting the Republican talking point that student debt relief is a handout to elite university graduates.
May 27, 2022
Means-Tested, Minimalist Student Debt Cancellation Would Please No One
“If this plan is implemented, then by trying to please everyone, Biden will likely please no one.”
May 25, 2022 | Revolving Door Project Newsletter
The Filth Circuit Takes a Wrecking Ball to Precedent
Over the past week Biden invoked the Defense Production Act to require that the ingredients necessary for baby formula go to formula manufacturers first, and initiated Operation Fly Formula, using military planes to fly the equivalent of 1.5 million bottles of hypoallergenic formula across the Atlantic. It’s good to see the White House roused to take action, and to use emergency presidential powers to protect people in need. That’s what emergency powers are for.
May 17, 2022
Hannah Story Brown Dylan Gyauch-Lewis
Blog Post Climate and EnvironmentExecutive BranchRevolving Door
Don't Give Gina McCarthy's Job To Ernest Moniz
We are firmly on track toward an unlivable world. And a man whose entire career is marked by hubris and greed, who touts the false benefits of methane gas and makes millions from fossil fuel firms and their allies, is being raised as a candidate for White House National Climate Advisor. To put our position plainly, “No.”
May 16, 2022
Biden DOJ Is Still Advancing Trump Positions, New Data Shows
Well over a year after President Biden’s inauguration, his administration continues to defend and advance Trump-era legal positions, according to an updated analysis released by the Revolving Door Project today. RDP’s long-running litigation tracker, documenting court cases in which the Biden administration has inherited and chosen to advance Trump-era legal positions, has been brought up-to-date to include new instances where the legal advocacy of Merrick Garland’s Justice Department on environmental, immigration, education, and other issues runs counter to the administration’s commitments.
May 11, 2022 | Revolving Door Project Newsletter
Environmental Quality, Justice, Enforcement, Oh My!
Tuesday dawned with the unwelcome news that Antitrust Chief Jonathan Kanter has been indefinitely barred from working on the anti-monopoly case against Google while the Justice Department decides whether his past work representing Google’s critics should require his recusal. This, despite the fact that none of his past clients are parties in the Google case at issue.
April 27, 2022 | Revolving Door Project Newsletter
Eleanor Eagan Hannah Story Brown
Newsletter Climate and EnvironmentCongressional OversightCorporate CrackdownIndependent Agencies
More “Terrifying” Enforcement Please
On Earth Day 2021, President Biden affirmed his administration’s commitment to bold climate action that would set the world on a path to less than 1.5 degrees Celsius of warming. In the days leading up to this year’s Earth Day, in contrast, his Interior Department announced that it would reopen oil and gas lease sales on public lands. That’s bad enough. At least as alarming, however – if not more, quite frankly – is what his administration still isn’t doing to avoid catastrophic climate change.
April 22, 2022
First Chapter of Multi-Part Climate Report Documents Executive Action Opportunities At Energy Department
This chapter focuses on the Department of Energy, while later chapters explore the opportunities available to the EPA, Departments of Agriculture, Interior, Justice and other executive branch agencies.
March 30, 2022 | Revolving Door Project Newsletter
Eleanor Eagan Hannah Story Brown
Newsletter Corporate CrackdownDe-TrumpificationEthics in GovernmentIndependent Agencies
Build Back Cheaper, and Other Failures of the Centrist Imagination
Across the Biden administration, officials have promised (long overdue) accountability for corporate criminals. But talk is cheap. We at the Revolving Door Project are eager to see serious action to back it up. Our latest analysis, released yesterday, shows the administration is falling short of its ambitious rhetoric. We found that it “pursued at least 24 prosecutions and rulemakings to crack down on white-collar crime this winter, but took no action against at least 48 crimes or abuses.” You can read more about those cases in our brand new tracker. Our team will add updates regularly and share a biweekly news round-up with newsletter subscribers.
March 15, 2022 | The American Prospect
Op-Ed Climate and EnvironmentCorporate 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.