The End of the Cost-Benefit State?
Trump is targeting regulations for elimination even if their benefits exceed their costs.
Some scholars have proclaimed a vision of the regulatory state centering on cost-benefit analysis (CBA). They mean that quantitive comparisons of costs and benefits is now the foundation of regulatory decisions, arguably blessed by the Supreme Court in one of Scalia’s last opinions. Environmentalists weren’t convinced this was a good idea. Neither, as it turns out, is Donald Trump. He doesn’t seem …
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Using Scalia Against Trump
An anti-environmental opinion by Scalia could provide ammunition against Trump.
As environmentalists search for weapons to use against the Trump Administration, one place to turn could be an important opinion by Justice Scalia – one that many of us criticized sharply at the time. The case in question, Michigan v. EPA, involved mercury emissions from power plants, in which the Supreme Court instructed EPA to consider regulatory …
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Trump’s Anti-Regulation Executive Order
Trump hates environmental, health, and safety regs. But we knew that.
This morning, Trump issued an executive order intended to kill all new regulations by creating impossible obstacles. It requires that an agency repeal two old rules and offset the entire cost of the new rule before it can do anything to protect public health, safety, or the environment. It’s a terrible idea. But at the …
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