Regulatory Review in Anti-Regulatory Times: Congress

by Daniel Farber | January 17, 2019

Originally published on Legal Planet.

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 the federal government (read the first post here). Today, I focus on Congress.

For the first time in history, Congress made aggressive use of the Congressional Review Act (CRA) to roll back federal regulations. It had only been used once before, but in 2017, Congress overturned fifteen government regulations in short order. Liberals decried these regulatory rollbacks as a mass attack on the environment and the public interest more generally. Conservatives applauded Congress for cutting the heavy cost of government regulation and boosting the economy. It appears, however, that neither perspective was right. Congress's actions do not seem to fit any coherent regulatory philosophy, good or bad. In a new paper, I analyze the role of costs and benefits in the decision to overturn regulations. The paper examines all the regulations for which CRA resolutions were introduced in Congress, comparing those regulations that were ultimately overturned with those that were not.

Neither costs nor benefits seemed to have had any significant relationship with a regulation's fate. From all the talk about reducing ...

New Report: It's Time to Repeal the Congressional Review Act

by James Goodwin | May 02, 2018
Over the last couple of weeks, conservatives in Congress have continued their assault on public safeguards using the once-obscure and once-dormant Congressional Review Act (CRA). If their latest adventure succeeds, it will be the 16th public protection that these members, working with in concert with President Donald Trump, have obliterated over the last year, laying waste to a broad and diverse range of measures related to public health, safety, the environment, and consumer financial protection.  The anti-safeguard lawmakers behind these ...

At House Judiciary Hearing, CPR's Steinzor to Call for Repeal of Congressional Review Act

by James Goodwin | September 27, 2017
Tomorrow, CPR Member Scholar Rena Steinzor is scheduled to appear before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee to testify at a hearing focused on the Congressional Review Act (CRA). The CRA is a controversial law that has been aggressively used this past year by the majority in Congress and the Trump administration to repeal 14 regulatory safeguards that would have protected consumers, workers, and our environment. In her testimony, Steinzor makes the ...

No Way to Make a Sausage

by Matthew Freeman | June 29, 2017
As appalling as the first five months of the Trump presidency have been to those of us who care about public policy and good government, we can't claim to be surprised. As Hillary Clinton memorably explained to historians last summer in Philadelphia, "There is no other Donald Trump. This is it." But what has been a surprise is how bad this Congress has been at legislating. Paul Ryan and Mitch McConnell are hardly newbies to the Washington scene or the ...

The Congressional Review Act Is No Solution

by James Goodwin | June 01, 2017
This post was originally published on The Regulatory Review. Over the last several years, conservative opponents of regulatory safeguards for health, safety, the environment, consumers, and the economy have gradually coalesced around a grand theory for why the supposed balance of policymaking powers between the executive and legislative branches has become so, well, unbalanced. These opponents’ theory goes something like this: Congress faces strong incentives to delegate too much substantive policymaking authority to federal agencies because delegation creates a political “win-win.” By passing statutes with ...

New CPR Project - CRA by the Numbers: The Congressional Review Act Assault on Our Safeguards

by James Goodwin | April 25, 2017
If Donald Trump has learned anything over the last 100 days, it's that unlike in golf, you can't call a Mulligan on the beginning of your presidency, no matter how much it might improve your score.  These last few months have been long on scandals and failure (Russian probes, the spectacular implosion of Trumpcare, etc.) and short on policy accomplishments, particularly in the legislative realm. This sad state of affairs has left Trump's PR team looking to inject some positive ...

The GOP's Race to Repeal

by Matthew Freeman | April 04, 2017
This June marks the 75th anniversary of the Battle of Midway, the great sea battle that was the turning point of the war in the Pacific. The American victory over the Japanese at Midway, a tiny atoll literally midway between California and Japan, ended the period of expansion of Japanese-held territory in the Pacific. And so began the long, bloody march that led to Iwo Jima and Okinawa, and that eventually led American bombers to Hiroshima and Nagasaki. Last week, ...

Congress Wants Land Agency to Ignore the Facts and Future

by Robert Glicksman | February 28, 2017
Imagine you come across a colleague sitting at his desk amid piles of yellowed papers. When you ask what he is working on, he says it's his annual family budget. "What's with all the old papers?" you might ask. "Oh," he replies, "I always work my new budget off my receipts and bills from 1983, the year we married. Some of them are getting pretty hard to read." "Don't you keep updated records?" you might ask. "And haven't your family ...

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