CPR Archive for James Goodwin

Midnight Regulations, Shmidnight Shmegulations

by James Goodwin | February 12, 2016

In case you didn’t get the memo:  President Obama is entering the last year of his final term in office, so now we’re all supposed to be panicking over a dreaded phenomenon known as “midnight regulations.”  According to legend, midnight rulemaking takes place when outgoing administrations rush out a bunch of regulations during their last few days in order to burnish their legacy or make concrete several of their policy priorities in ways that would be difficult for a successor—presumably from a different party—to undo.  The legend further holds that because the rules are “rushed,” they are somehow of inferior quality.

Over the last few days, several antiregulatory commentators have issued dire warnings about midnight regulations (see here and here), and even the House Science Committee went to the trouble of holding a hearing on the subject just the other day. 

Scared yet?  Well, you shouldn’t be.

While “midnight regulations” might make for a good political talking point, there simply is no reason to believe that a rule released at the end of an administration is worse than those that are released at any other point.  In fact, the administration could have been working on such rules for as long as seven years, which, according to the logic of the ...

Senate Antiregulatory Package Bill is Selling Corporate Welfare, But the New York Times Editorial Page Isn’t Buying

by James Goodwin | January 20, 2016
Still just a few weeks into the new year, both chambers of Congress are making it clear that attacks on our system of regulatory safeguards will remain a top priority in 2016.   The GOP-controlled House of Representatives has already passed—along partisan lines—two antiregulatory measures, and the Senate appears poised to follow suit with their own antiregulatory package expected to drop sometime this week. CPR Member Scholars and staff are tracking all of these developments, working to educate policymakers about how ...

VapeMentors, the Fat Cat Vapor Shop, and Cosmic Fog Vapors All Walk Into an Obscure White House Office...

by James Goodwin | December 16, 2015
This week appears to mark the end of an extraordinary period in the history of the White House Office of Information and Regulatory Affairs (OIRA), the shadowy bureau charged with reviewing and revising pending agency rules, which too often ensures they are not overly inconvenient for affected industries.  For the last month and a half, a Mos Eisley-esque mélange of characters has streamed through the front doors to lobby OIRA’s gang of economists and political operatives over a pending rule that would ...

At Senate Hearing, CPR's Verchick Provides Sole Voice of Reason on Flawed 'Regulatory Budgeting' Proposal

by James Goodwin | December 09, 2015
This morning, CPR President and Loyola University, New Orleans, Law Professor Robert R.M. Verchick testifies at a hearing convened by the Senate Budget Committee to examine a dangerous regulatory policy proposal known as “regulatory budgeting.” As he explains in his testimony, regulatory budgeting represents a stark departure from the traditional focus of regulatory policy discussions, which have long been concerned with improving the effectiveness—or quality—of regulatory decision-making. Regulatory budgeting, by contrast, makes the total number—or quantity—of regulations the primary focus, ...

Obama’s ‘Path to Progress’ Looking Forward: Much to Do and Little Time to Do It

by James Goodwin | December 02, 2015
In a post last week, I noted that, over the last year, the Obama Administration has finalized all or part of several of the 13 regulatory actions highlighted in a 2014 Center for Progressive Reform report challenging the President to focus renewed energy during the remainder of his term on securing critical new protections for people and the environment. But the President’s to-do list isn’t finished, and for the remaining regulatory actions on the list, progress has been modest or, in some cases, ...

One Year In, the Administration’s ‘Path to Progress’ Benefits American People and Environment

by James Goodwin | November 24, 2015
From the moment they secured majorities in both chambers, congressional Republicans have made no secret of their intention to launch an all-out, guerilla warfare-style campaign against the federal government — and even the very notion of governance itself. Accordingly, they have pursued a strategy of salt-the-earth sabotage designed to spread like a communicable disease the dysfunction that has long characterized the legislative branch to the executive branch. Given the unrepentant nihilism, many political observers were quick to pen their epitaphs for ...

Fall 2015 Regulatory Agenda is Out; Clock is Ticking

by James Goodwin | November 20, 2015
Opponents of safeguards are fond of decrying what they claim is a regulatory system out of control, churning out rules at a break-neck pace.  It’s not difficult to refute  this claim when the president releases the twice-annual regulatory agenda, which spells out all the active rulemakings that are currently pending and the expected time Each of these new delays should be of great concern, since they translate into real costs to the public interest.  The costs might be measured in ...

Ten Things I Hate About Jeb's Antiregulatory Regulatory Reform Plan

by James Goodwin | October 05, 2015
Consistent with his ongoing efforts to distinguish himself among the Republican presidential candidates as a serious “policy wonk,” Jeb Bush, “rolled out” his “regulatory reform” plan last week.  The sad truth, though, is that the plan contains little of what might be considered sober or intellectually rigorous.   Rather, it is simply a mishmash of warmed over ideas from candidate Mitt Romney’s 2012 regulatory reform plan and from the various antiregulatory bills that have been festering in Congress the last several ...

New Research Affirms That Corporate Interest Lobbying at OIRA Holds Sway

by James Goodwin | August 05, 2015
When asked by a reporter why he robbed banks, the notorious bank robber Willie Sutton is said to have responded, “Because that’s where the money is.”  For decades, the accepted conventional wisdom held that a similar dynamic motivated legions of industry lobbyists to parade through the front door at the White House Office of Information and Regulatory Affairs (OIRA).  Why—one might ask—does industry spend so much time complaining to OIRA’s political appointees and staff-level economists about rules they find inconvenient ...

The SBA Office of Advocacy . . . Taxpayer Funded Lobbyist for Berkshire Hathaway?

by James Goodwin | July 22, 2015
When it commenced on June 1, OIRA’s review of the EPA’s draft final rule to limit greenhouse gas emissions from existing power plants launched a flurry of lobbying activity among a veritable who’s who of America’s largest fossil fuel polluters.   In just over six weeks, the White House’s antiregulatory shop has presided over no less than 21 Executive Order 12866 meetings, the majority of which involved high-priced corporate lobbyists seeking to dilute, delay, or block the rule outright. The log ...

The Real Nine Most Terrifying Words in the English Language

by James Goodwin | July 15, 2015
“I’m Republican, and I want to do regulatory reform.”  Whether they’ve uttered that exact nine-word phrase or not, virtually every Republican on Capitol Hill has enthusiastically endorsed the sentiment it expresses at some point—if not on a near-daily basis—during the last few years.  Who could blame them?  The unshakable conviction that our regulatory system is broken and that gutting it is the key to its salvation is apparently one of the few areas where all the GOP’s members can find ...

Senate Joint Committee Hearing Dedicated to Attacking Public Servants

by James Goodwin | June 23, 2015
When your public approval rating has hovered at or below 20 percent for the last several years, maybe the last thing you should be doing is maligning other government institutions.  That didn’t stop a group of Senators from spending several hours doing just that today during a joint hearing involving the Senate Budget and Homeland Security and Government Affairs Committees.  The joint hearing was nominally about a nonsense regulatory reform proposal called “regulatory budgeting” (for more on that, see here), ...

You Can Be for Cost-Benefit Analysis or You Can Be for Regulatory Budgeting, But You Can’t be for Both

by James Goodwin | June 22, 2015
For decades, so-called regulatory “reformers” have backed up their sales pitches with the same basic promise:  Their goal is not to stop regulation per se but to promote smarter ones.  This promise, of course, was always a hollow one.  But it gave their myriad reform proposals—always involving some set of convoluted procedural or analytical requirements designed to surreptitiously sabotage the rulemaking process—some shred of legitimacy, while insulating the proponents against any public backlash that might follow from such cynical attacks ...

Obama Administration Crosses Off a Big Item on Its Safeguard To-Do List, But Much Remains to be Done

by James Goodwin | May 27, 2015
Unless you’re living under a rock or are a FIFA executive official being indicted for criminal conspiracy, you’ve no doubt heard by now that the Environmental Protection Agency (EPA) has at long last released its final rule establishing a clear regulatory definition that, consistent with both the previous court decisions and the best available science, delineates which water systems are covered by the Clean Water Act.  The rule was included in a recent CPR Issue Alert, highlighting 13 essential regulatory ...

More Right-Wing Pseudo-Research on the Costs of Regulation

by James Goodwin | May 13, 2015
The Competitive Enterprise Institute is out with the latest in a series of industry-friendly reports overcooking the supposed costs of regulation, while understating or simply ignoring the vast benefits to health, safety and the environment. Not surprisingly, The Wall Street Journal and The Washington Times were good enough to put the right-wing echo chamber in motion in its service. A few quick thoughts: This report isn’t scholarship, it’s arithmetic advocacy—and it’s poor arithmetic at that.  The organization that sponsored the report is more ...

CPR Member Scholars Call on Congress to Reject 'Unnecessary' and 'Unwise' REINS Act

by James Goodwin | April 15, 2015
This morning, the House Judiciary Committee is holding a markup on the Regulations from the Executive in Need of Scrutiny Act of 2015, or REINS Act (H.R. 427).  Even among the many extreme antiregulatory bills that Congress has considered this session, the REINS Act still stands out for its breathtaking audacity.  If enacted, this bill would block the most important environmental, safety, and public health regulations from taking effect unless Congress affirmatively approves them within the extraordinarily short period of ...

Defeating the Public Interest One Bill at a Time: The ALERT Act (H.R. 1759)

by James Goodwin | April 14, 2015
Background:  Tomorrow, the full House Judiciary Committee will be holding a markup of the H.R. 1759, the All Economic Regulations are Transparent Act of 2015 (ALERT Act), sponsored by Rep. John Ratcliffe (R-Tex.).  The House of Representatives considered a similar bill during its last session.  (The hearing is also noteworthy, because the committee will be marking up H.R. 427, the Regulations from the Executive in Need of Scrutiny Act of 2015, or REINS Act.  For more information on the REINS ...

Carry the Zero: The Polluters’ Flawed Arithmetic in the EPA's Hazardous Air Pollution Rule

by James Goodwin | March 25, 2015
In the run-up to this morning’s oral arguments before the Supreme Court on the Environmental Protection Agency’s rule to limit hazardous air pollutants from fossil-fueled power plants—and indeed throughout the oral arguments themselves—opponents repeatedly pointed out that the benefits of the rule in reducing mercury pollution were “only” between $4 million and $6 million.  Putting aside the ethically problematic question of trying to put a dollars-and-cents value on achieving improved public health and environmental protection, it is worth pondering this ...

Also from James Goodwin

James Goodwin, J.D., M.P.P., is a Senior Policy Analyst with the Center for Progressive Reform. He joined CPR in May of 2008.

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