Regulation

Reinventing Cost-Benefit Analysis

If the goal is to give decision makers the tools to make better decision, a single-dimensional metric isn’t the way to go.

One key issue facing Biden on January 20 will be the role of the the White House regulatory czar. The Office of Information and Regulatory Affairs (OIRA) is a tiny White House agency that is virtually unknown to the public. Yet it exercises outsized influence. OIRA is charged with screening all proposed government regulations using a strict …

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Some of the Things Federal Agencies Can Do to Address Climate Change

Current federal law provides many ways to reduce greenhouse gas emissions, even without a friendly senate

As the likelihood grows that the United States will have a new president who will preside over a divided government, and various policy think tanks line up to offer suggestions for effective action on various important issues, it seems like the right time to shine a light once again on a series of reports issued …

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Short and Simple Climate Legislation

With a few sentences, Congress could do a lot to fix the law.

The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business.  But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still …

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Climate Policymaking in the Shadow of the Supreme Court

Amy Coney Barrett could shift how the Supreme Court approaches environmental regulations. Policymakers should prepare accordingly

By Ann Carlson, Amelia Keyes, Ben Harris  and  Dallas Burtraw (Cross-posted at Resources for The Future’s blog The confirmation of Amy Coney Barrett to fill the seat left by the late Justice Ruth Bader Ginsburg has catapulted the Supreme Court back onto the front pages of newspapers around the country. Though press attention has focused on …

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Toxic Releases? Botched Drug Trials? — Not a Problem, in this Administration

The Trump Administration has essentially dropped enforcement of environmental laws and clinical trial requirements.

The easiest way to gut regulations is simply to stop enforcing them. That tried and true technique has been enthusiastically embraced by the Trump Administration.  That’s been long suspected in terms of environmental law. Shockingly, the Administration has also mostly given up on enforcing the standards for conducting clinical drug trials. The breakdown in FDA …

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40 Legal Scholars Urge EPA to Withdraw Proposed Ozone NAAQS

EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.

This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …

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Should a New Congress Use a Deeply Flawed Law to Cancel Trump’s Regulations?

The Congressional Review Act was Newt Gingrich’s brainchild. It should be repealed.

The Congressional Review Act (CRA), part of Newt Gingrich’s “Contract With America”, slumbered for many years in obscurity. Then, in 2017, Congress dusted it off and used it to kill fifteen Obama administration regulations. I’m not the first to ask whether there should be payback if the White House and Senate change hands. There are …

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Gene Drives, Biodiversity Conservation, International Law, and Emerging Politics

gene drive inheritance

My latest article is published by Global Environmental Politics

A set of new biotechnologies are being developed that will force many of us, especially those concerned about biodiversity loss, to re-examine how we understand the relationship between biotechnology and conservation. These are “gene drives,” which would be used to genetically modify, reduce, or eliminate populations of species. My paper “Governing New Biotechnologies for Biodiversity …

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Sherlock Holmes and the Mystery of the Job-Killing Regulations

In which Holmes confronts his strangest and most perplexing case.

[I’m re-upping this 2014 post since the “job-killing regulation” meme has resurfaced at the GOP Convention.  The scene is Holmes’s apartment at 221B Baker Street.] “When the prospective client arrives, Watson, you’ll find that he’s a politician, that his electoral base is devoted to Fox News, and that he gets campaign contributions from fossil fuel …

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Trump Administration’s Court Challenge to California-Quebec Cap-and-Trade Agreement Again Rejected

U.S. District Court Rejects Feds’ Latest Constitutional Attack on California’s Climate Change Initiative

Three strikes and you’re out. That adage, particularly timely given Major League Baseball’s belated start of its 2020 season this week, is just as apt when it comes to litigation as it is to our nation’s pastime. For the second time in four months, U.S. District Court Judge William Shubb has rejected a constitutional challenge …

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