Trump Administration
The Worst of a Bad Lot
They’re all bad, but this regulatory rollback effort stands out for sheer incompetence.
The Trump Administration has many energy and environmental initiatives, none of them good. But in terms of shoddy analysis and tenuous evidence, the worst is the Administration’s attempt to freeze fuel efficiency standards. For sheer lack of professionalism, the Administration’s cost-benefit analysis is hard to match. And you can’t even say that the Administration is …
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CONTINUE READINGGuest Blogger Justin Pidot: Interior Proposes New FOIA Rule that Inhibits Government Transparency
The Freedom of Information Act (FOIA) guarantees public access to the records of federal agencies. It embodies the view that government works best when it works in the open. On the Friday between Christmas and New Year’s Eve, the Department of the Interior quietly published a proposed regulation that will make it harder for the …
CONTINUE READINGRegulatory Review in Anti-Regulatory Times: Congress
Congress overturned a host of regs at the start of the Trump Administration. Looks more like a random walk than a systematic effort.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the second of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of …
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CONTINUE READINGUsing Emergency Powers to Fight Climate Change
If Trump can stretch emergency powers, maybe they can be used for other purposes too.
Could a future President invoke emergency powers against climate change? Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There’s no doubt that this would be far more legitimate than Trump’s wall effort. Border crossings …
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CONTINUE READINGRegulatory Review in Anti-Regulatory Times: The Trump Administration
Cost-benefit analysis turns out to make very little difference when the issue is rolling back regulations.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the first of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of …
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CONTINUE READINGThe Thin Gray Line
Few people understand the role that the bureaucracy plays in keeping us safe.
“Bureaucrat” is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks — risks ranging from nuclear contamination to climate change to …
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CONTINUE READINGTrump’s Theory of Law
He probably doesn’t know he has a theory, but he does. It’s shaping his deregulatory agenda..
OK, using the word “theory” in connection with Trump may seem like a stretch. But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified …
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CONTINUE READINGThe Power of the Purse
House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks
Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in …
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CONTINUE READINGThe Year Ahead
Here’s what to expect environmentally.
What are the key things to watch for in 2019 in the environmental area? Regulations. According to the Administration’s schedule, three big rules should be issued in March: repeal of the Waters of the United States rule (WOTUS), repeal and replacement of the Clean Power Plan, and the freeze on fuel efficiency standards. This seems …
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CONTINUE READINGThe Curious Case of EPA’s Mercury Cost-Benefit Decision
What, exactly, is EPA up to by changing the underlying analysis of the Mercury and Air Toxics Standard (known as the MATS rule), as it announced yesterday? Is it the first step in gutting the use of cost-benefit analysis to support strong environmental regulations? Is it a gift to Murray Energy in its lawsuit seeking …
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