OIRA Archives - Legal Planet

OIRA

The Revenge of the Lawyers

Economists ousted lawyers (and law) from their central role in the regulatory process. That’s changing.

As you’ve probably heard, the Biden Administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress …

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Revamping Cost-Benefit Analysis

Proposed changes will make CBA more climate friendly.

Last week, the Biden White House released proposed changes in the way the government does cost-benefit analysis. CBA has been a key part of rule making for forty years. The proposal is very technical and low-key, but the upshot will be that efforts to reduce carbon emissions will get a leg up. In particular, the …

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Bracket Creep at OIRA

There’s an embarrassing economic blunder in how OIRA’s jurisdiction is defined.

The Biden Administration is considering changes to how OIRA, the “regulatory czar,” operates. There’s one simple fix the Administration should make. OIRA core function is cost-benefit analysis But the rules establishing OIRA’s jurisdiction contain an error that should make an economist blush: using nominal rather than real (inflation-adjusted) dollars. This means that OIRA is now …

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The Black Box of OIRA

OIRA oversees the whole regulatory state. We probably know more about the inner workings of the CIA.

The Office of Information and Regulatory Affairs (OIRA) oversees government regulation across the federal government. Some portray it as a guardian of rationality, others as biased in favor of industry. Public information about OIRA is so limited that it’s impossible to know one way or the other, due to the veil of secrecy that surrounds …

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Cost-Benefit Analysis: FAQs

Cost-benefit analysis has been a key part of the regulatory process since 1980. Here’s how it works.

Cost-benefit analysis is required for all major regulations. It’s also highly controversial, as well as being a mysterious procedure unless you’re an economist. These FAQs will tell you what you need to know about how cost-benefit analysis (CBA) fits into the regulatory process, how it works, and why it’s controversial. Q: Let’s start with a …

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Vacancy

A Key White House regulatory office has remained unfilled for a record time.

The Biden Administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of …

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The Regulatory Process: FAQs

Here’s an explainer on how federal regulations get issued and reviewed by courts.

Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden Administration is gearing up to start a slew of regulatory proceedings, here’s what you need to know about the process. Issuing Regulations Q: Where do agencies like EPA get the power to …

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Cost-Benefit Analysis and the Biden EPA

The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.

In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. Last week, EPA rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA’s explanation for the rescission was …

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Biden and Regulatory Review

Big changes may be coming to White House regulatory oversight.

President Biden seems to be poised to dramatically change how the White House reviews proposed agency regulations. I argued in a recent post that it would be better to expand the focus of regulatory review beyond cost-benefit analysis to include important values such as social justice and environmental quality. Biden may be moving in that …

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Rethinking Presidential Administration

Giving the President more control of regulation has been a good thing — up to a point.

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process away from agencies. That trend has accelerated to the …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

Reflections on “Yes they can control the weather.”

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

Why You Should Read CA’s ExxonMobil Plastic Lawsuit

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

The Election, Vehicle Emissions, and State Climate Plans

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

How to Make Trees Worth More Standing Than Cut Down

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Climate, Energy, and Environment on the Ballot

Ballot measures in Washington and California are especially important but others are worth noting.

Model Uncertainty in Politics and Climate Policy

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

Still Crazy After All These Years

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

We Need a Circular Economy for EV Batteries

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

New Environmental Laws Focus on Public Health

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.

OIRA

Economists ousted lawyers (and law) from their central role in the regulatory process. That’s changing.

Proposed changes will make CBA more climate friendly.

There’s an embarrassing economic blunder in how OIRA’s jurisdiction is defined.

OIRA oversees the whole regulatory state. We probably know more about the inner workings of the CIA.

Cost-benefit analysis has been a key part of the regulatory process since 1980. Here’s how it works.

A Key White House regulatory office has remained unfilled for a record time.

Here’s an explainer on how federal regulations get issued and reviewed by courts.

The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.

Big changes may be coming to White House regulatory oversight.

Giving the President more control of regulation has been a good thing — up to a point.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

New CLEE Report Release & Webinar on Wednesday, November 13th at noon PT

Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.

Pretty or scary or brave? There’s a climate costume to suit all tastes and all ages.

Reframing Infrastructure Investments to Realize an Equitable Transition

The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.

A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.

The Yankees recently dropped Hess Oil from their outfield scoreboard. But in LA, the Dodgers’ Big Oil sponsorship with 76 gas is on full display in the 2024 World Series.

Can the AGU’s new principles defuse controversy and enable responsible research?

Project 2025 isn’t just its headline proposals. It’s a thorough, detailed attack on environmental protection.

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Ballot measures in Washington and California are especially important but others are worth noting.

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.