The Depraved Indifference of Hollow Government

by Matt Shudtz | May 23, 2017

From the safety of Air Force One en route from Tel Aviv to Rome, President Trump dropped his FY 2018 budget on Washington, D.C., and sent OMB Director Mick Mulvaney to run point on the ground. They like to talk about it as a "hard power" budget. What they don't like to talk about are the consequences of unleashing such firepower on the American public.

Make no mistake about it, this budget is the realization of several decades' travail by small-government conservatives. As Grover Norquist, head of Americans for Tax Reform, famously put it, they want to shrink the federal government to the size that they can drown it in a bathtub. So when you hear President Trump and his surrogates pivot from "hard power" to expressing their heartfelt concerns for taxpayers first, think about where that idea comes from. Their messaging is rooted not in a concern for taxpayers as people who need clean air to breathe, clean water to drink, safe jobs and good schools, or social safety nets to help them out in hard times. No, their messaging is rooted in the abstraction of personal financial wealth untethered from the social compact upon which our country and modern western civilization are built.

Hard power and bathtub drownings once seemed like the fevered dreams of the far right, but they are now the preferred policy of the highest elected official in the United States. Many who ...

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

by Bill Funk | May 22, 2017
Originally published on The Regulatory Review by CPR Member Scholar William Funk. Professor Kent Barnett recently opined in The Regulatory Review that formal rulemaking really is not that bad and may actually be a good thing in certain circumstances. His argument deserves closer review because the proposed Regulatory Accountability Act (RAA) would require the equivalent of formal rulemaking—or what the bill calls a "public hearing." Barnett may well be right to suggest that in some situations the costs of formal rulemaking could ...

Ahead of Markup, CPR Member Scholars Voice Concerns over the Senate Regulatory Accountability Act

by James Goodwin | May 16, 2017
Today, 27 Member Scholars of the Center for Progressive Reform, leading academics who specialize in administrative law and regulatory policy, submitted a letter to Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson and Ranking Member Claire McCaskill outlining their serious concerns with the Senate Regulatory Accountability Act. That bill is among several aimed at undermining our system of regulatory safeguards that are set to be marked up by the committee at its business meeting on Wednesday. Others set ...

Anything but Moderate: The Senate Regulatory Accountability Act of 2017

by James Goodwin | May 02, 2017
Today, Center for Progressive Reform Member Scholars and staff are releasing a comprehensive analysis of the Senate Regulatory Accountability of 2017 (S. 951), which Sens. Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced last week. Our analysis explains how S. 951 would drastically overhaul the Administrative Procedure Act, which has successfully guided agency enforcement of public safeguards for over 70 years. A summary of the key findings of the analysis is also available.  The bill is the latest legislation to ...

Workers' Memorial Day: Honoring Fallen Workers, Fighting for Safer Jobs

by Katie Tracy | April 26, 2017
Every worker has a right to a safe job. Yet on an average day of the week, 13 U.S. workers die on the job due to unsafe working conditions. An additional 137 lives are lost daily due to occupational diseases – mesothelioma, lung cancer, asbestosis, among others.  On Friday – Workers' Memorial Day – we will stand with the families, friends, and colleagues of fallen workers to remember each of them as individuals whose lives represent much more than a ...

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 ...

New Report: Trump's New 'Regulatory Czar' and the Continuing Assault on Our Safeguards

by James Goodwin | April 20, 2017
As the clock ticked closer to the end of the work day a few Fridays back, the Trump administration quietly made an announcement certain to put smiles on the faces of many corporate interest lobbyists in and around the DC Beltway: Neomi Rao, a little known but very conservative law professor at George Mason University's Scalia Law School, would be the nominee for Administrator of the White House Office of Information and Regulatory Affairs (OIRA). The announcement probably went unnoticed ...

The Key Ingredient in Trump's Anti-Reg Two-for-One Executive Order? Fuzzy Math

by James Goodwin | April 12, 2017
Steve Bannon's crusade to deconstruct the administrative state took two big steps forward last week, concluding with Donald Trump nominating George Mason University Law School professor Neomi Rao as his "regulatory czar." CPR will publish a new report on the role of the Office of Information and Regulatory Affairs (OIRA) Administrator during the Trump administration in the days to come, but for now, I want to focus on the first big development: Acting Administrator Dominic Mancini's new memo providing agencies ...

Looking for Inspiration Outside the Beltway? See What's Happening in Maryland.

by Matt Shudtz | April 10, 2017
Thank goodness for state-level policymakers who are resisting the Trump administration's extreme policies. Attorneys general from around the nation are making headlines by fighting Trump's discriminatory immigration ban. Governors from both major political parties stood up to the attempt to strip away health care from millions of hard-working Americans and their children. And mayors and law enforcement officials are lifting up undocumented residents and recognizing their many contributions to our society, rather than assisting in the indiscriminate roundups Trump has ...

News and Observer Op-ed: Bill Would Weaken Neighbors' Ability to Be Compensated in Hog Farm Lawsuits

by Sidney Shapiro | April 05, 2017
This op-ed originally ran in the Raleigh News & Observer. The civil justice system in North Carolina exists to protect people and their property from unreasonable actions by others. One of the longest standing causes of action in civil courts is for nuisance claims, which allow you to bring suit when your neighbor creates a condition on their property that interferes with your ability to use and enjoy your property, such as excessive noise, poorly stored garbage that might attract ...

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, ...

CPR Scholars on the Nation's Opinion Pages

by Matthew Freeman | April 03, 2017
CPR Member Scholars published another bumper crop of op-eds this past month. We maintain a running list on our op-eds page, but to save CPRBlog readers a click or two, here's a quick rundown: On March 3, David Driesen had a piece in The Hill – that's a Washington, D.C., outlet aimed at the policy community – headlined, "Ruling by Decree." Driesen takes the president to task for issuing a series of executive orders aimed at undercutting duly enacted laws. "No ...

President's Reckless Budget Proposal Would Gut Agencies, Endanger Our Health and Environment

by Matt Shudtz | March 16, 2017
As part of a coalition of public interest organizations working toward a responsible federal budget that protects people and the planet, I released the following statement on President Trump's reckless budget proposal that guts the EPA, eliminates federal funding for the Chesapeake Bay cleanup effort, and more.  "The president's 'skinny budget' is a particularly apt description for a proposal that would leave crucial protector agencies too emaciated to safeguard our health, safety and environment. Whether it's pipeline inspectors to protect ...

The Hill op-ed: Ruling by Decree

by David Driesen | March 07, 2017
This op-ed originally ran in The Hill. The Feb. 28 executive order overturning a Clean Water Act rule clarifying EPA's jurisdiction over wetlands furnishes but the latest example of President Trump's propensity to rule by almost daily fiat. Trump has ruled by decree ever since he assumed office. He has not proposed a single bill to our elected representatives, not even a bill to help blue-collar workers and rebuild America through infrastructure projects, one of his main campaign promises. Nor ...

Recent Trump Anti-Reg Order Could Breathe New Life into Dangerous Old Law

by James Goodwin | March 03, 2017
The first rule of reading anti-regulatory bills, executive orders, and other policy prescriptions is: Sweat the hyper-technical, anodyne-sounding stuff. And President Donald Trump's February 24 executive order on "Enforcing the Regulatory Reform Agenda" demonstrates why this rule exists.  One of the order's provisions – which no doubt caused glaze to form over many an eye – read: "[E]ach Regulatory Reform Task Force shall attempt to identify regulations that . . . are inconsistent with the requirements of section 515 of ...

Regulatory Paralysis by Preemption: GMO Food Labeling and Potentially More

by Lesley McAllister | March 02, 2017
Originally published on Environmental Law Prof Blog by CPR Member Scholar Lesley McAllister. Did you know that as of July 2016, we have a new federal law mandating that genetically engineered food be labeled? It is true – see 7 U.S.C. § 1639(b)(2)(D) (Jul. 29, 2016). So when, you might ask, will you be able to know which of all those foods we buy at the grocery store are produced with GMOs? It could be a very long wait. For one thing, ...

No, They Don't, Mr. Pruitt

by Robert Glicksman | March 02, 2017
In his first speech upon assuming his duties as EPA Administrator, Scott Pruitt informed the agency's employees that "regulators exist to give certainty to those that they regulate." No, Mr. Pruitt, they do not. Regulators and the regulations they are responsible for adopting and enforcing exist to protect the public interest. In particular, they exist to correct market failures, such as the refusal of polluting industries to internalize the costs of the harm they do to public health and the ...

Why the REINS Act Is Unconstitutional

by Bill Funk | February 14, 2017
The so-called Regulations from the Executive In Need of Scrutiny Act (REINS Act) has already passed the House this year, as it did in previous sessions. The current version, which amends the Congressional Review Act (CRA), differs somewhat from previous versions but still suffers from a fatal flaw – it is unconstitutional.  The current REINS Act has three parts. One part essentially reflects the recent Executive Order on Reducing Regulation and Controlling Regulatory Costs, except that the REINS Act only ...

Good Government

For democratic government to function properly, the people need to know what their government is doing in their name. That demands both transparency and honesty from government officials and agencies. In recent years, however, some in government have worked to shield their work from public inspection, and not just where national security is concerned.

The Depraved Indifference of Hollow Government

Shudtz | May 23, 2017 | Good Government

The Hill op-ed: Ruling by Decree

Driesen | Mar 07, 2017 | Good Government

No, They Don't, Mr. Pruitt

Glicksman | Mar 02, 2017 | Good Government
Recommended Resources:
Good Government
Transparency and Integrity Should Be Cornerstones

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