regulation

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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Labor and the Environment

Let’s talk about jobs and environmental protection.

Labor Day is a good time to talk about an important topic: the impact of environmental protection on jobs. This is a clearly a fraught issue. In support of his deregulation campaign, President Trump promised to “cancel every needless job-killing regulation and put a moratorium on new regulations until our economy gets back on its …

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On the future of climate policy

A response to William Nordhaus’s comments about how essential carbon taxes are to addressing climate change

William Nordhaus recently (and deservedly) won the Nobel Prize for Economics for his work on the economic implications of climate change and policies to respond to climate change. In the press coverage after the award, some comments were attributed to Nordhaus that I think are important to consider in more depth – in part because …

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When EPA Pays Lip Service to Public Comment, the Environmental Community Steps Up

Environment and public health advocates voice their concerns about EPA’s regulatory reform efforts under EO 13777

The public health and environmental communities took a small victory on an EPA conference call yesterday. In a three-hour public comment call that could have been dominated by industry seeking regulatory rollbacks, about half of the speakers supported strengthening environmental and public health protections. And many of them took EPA to task for such a …

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The Dangers of the New Executive Order on “Reducing Regulation”

The Order is Designed to Prevent Federal Agencies from Protecting Health, Safety, and the Environment

Dan Farber just posted an insightful, brief analysis of the executive order “Reducing Regulation and Controlling Regulatory Costs” that was issued this morning. As Dan notes, the order is absurd and arbitrary – but more than that, it’s extraordinary in its potential for doing harm to our country and its residents. It is meant to kneecap …

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Michigan v. EPA: Policymaking in the Guise of Statutory Interpretation

In Michigan v. EPA, the majority followed its own policy views, not those in the statute.

The majority opinion by Justice Scalia has gotten most of the attention.  Most notably, he wrote that “[o]ne would not say that it is even rational, never mind “appropriate”, to impose billions of dollars in economic costs for a few dollars in health or environmental benefits.”  Indeed, “[n]o regulation is ‘appropriate’ if it does significantly …

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Jobs & Regs

The empirical evidence suggests that job loss from regulation is small.

It seems to be easy to make arguments one way or another about the effect of regulation on jobs.  What does the evidence say?  Those seeking an answer would do well to look at a recent book on the subject by Coglianese, Finkel, and Carrigan.  Although the book is broader in scope, it provides a careful …

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Justice Thomas Declares War on Rulemaking

His Amtrak dissent would wipe out most regulations of the last 40 years.

It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law.. The heart of …

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Econ101, Ideological Blinders, and the New Head of CBO

There are troubling indications that Keith Hall lets ideology blind him to basic economics.

Last week, in a post about the employment effect of regulations, I mentioned briefly that the new Director of the Congressional Budget Office, Keith Hall, had endorsed some questionable views on the subject.  A reader pointed me toward an additional writing that has done a lot to escalate my concerns.  There are disturbing signs about both Hall’s ideological bias …

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How to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors

A scandal at the California Public Utilities Commissions brings a questionable practice to light.

The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex …

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