Independent Agencies

April 13, 2024 | Talking Points Memo

Toni Aguilar Rosenthal

Op-Ed

Climate and EnvironmentIndependent AgenciesState Attorneys General

Republican AGs Are Teaming Up With The Corporations Poisoning Their States To Gut The Clean Air Act. Why?

More than 8 million people die from air pollution and fine particulate matter globally every year, according to the BMJ, a peer reviewed medical journal. Of that number, over 5.13 million people die from ambient air pollution resulting from fossil fuels use. Experts say that deaths from air pollution are also on the rise, and are currently expected to double by 2050. In the U.S. alone “350,000 may die annually from pollution produced by the burning of fossil fuels.” According to the American Lung Association (ALA) more than one-fourth of Americans live with “air pollution that can hurt their health and shorten their lives.” Of course, risk and exposure are themselves not borne equally; cities in the western U.S., along with communities of color, disproportionately bear the brunt of air pollution’s public health harms.

February 22, 2024

KJ Boyle

Blog Post Climate and EnvironmentIndependent AgenciesState Attorneys General

Trump Judge And Louisiana AG Fight To Maintain Environmental Racism

In 2022, Biden’s EPA opened an investigation into Louisiana’s Departments of Health (LDH) and Environmental Quality (LDQ) for failing to sufficiently protect residents of “Cancer Alley”—a strip of predominantly poor, Black communities suffering the dire effects of pollutants spewed from nearby petrochemical plants. To their credit, LDH and LDQ cooperated with the investigation and worked to craft more stringent standards and oversight protocols. Former Louisiana Attorney General Jeff Landry, however, had other ideas. His office filed a lawsuit challenging the EPA’s (clear) authority to pursue its investigation under Title VI of the Civil Rights Act, which allows the government to terminate federal funding for an agency found to have engaged in discrimination. Liz Murrill, Landry’s successor, is picking up the torch to carry on his malevolent agenda. 

January 31, 2024 | Revolving Door Project Newsletter

KJ Boyle

Newsletter Anti-MonopolyExecutive BranchIndependent AgenciesLaborRevolving Door

More Revolvers Join The Fight Against The Regulatory State

The regulatory authority of the executive branch is under attack, and BigLaw firms stacked with revolvers are on the front lines leading the assault. I’ve previously written about former FTC Commissioner Christine Varney challenging the legitimacy of her former employer on behalf of pharma company Illumina. Lawyers at Latham & Watkins, a firm stacked with revolvers from executive branch agencies, are before the Supreme Court challenging the Chevron Doctrine, which defers to executive agencies’ interpretations when legislative statutes are unclear. The Securities and Exchange Commission’s ability to hold administrative proceedings hangs in the balance as we await the Supreme Court’s decision in SEC v. Jarkesy, where the Fifth Circuit’s ruling decimated the agency’s authority. In a new attack, revolvers on the labor/management relations team at Morgan Lewis & Bockius have their sights set on the plutocrats’ latest target: the National Labor Relations Board.

January 09, 2024

Ananya Kalahasti

Blog Post GovernanceIndependent Agencies

Independent Agency Spotlight Update January 2024

This summer saw an extremely slow rate of independent agency nominations coming from the White House, and witnessed also a similarly glacial pace of confirmations emerging from the Senate. While this trend got slightly better over the course of the fall, with the Senate finally making significant movement on the nominations already presented before it, few new nominations have emerged from the White House since July 18, 2023.