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March 19, 2020 by James Goodwin

CPR, Allies Call on Trump Administration to Hold Open Public Comment Process during COVID-19 Pandemic

Earlier this week, a group of 25 Center for Progressive Reform (CPR) Board Members, Member Scholars, and staff signed a joint letter urging Russell Vought, Acting Director of the White House Office of Management and Budget (OMB), to direct federal agencies to hold open active public comment periods for pending rulemakings amid the COVID-19 pandemic. The letter further urges Vought to extend comment periods for at least 30 days beyond the end of the crisis.

Meaningful public participation is one of the bedrock principles upon which our regulatory system is based. Among other things, by enlisting the dispersed expertise of the public, it ensures higher-quality regulatory decision-making, and it imbues the process and its results with a crucial measure of credibility and legitimacy.

This goal of meaningful public participation is most notably enshrined in the Administrative Procedure Act’s requirement that agencies provide members of the public with the opportunity to offer their ideas on a proposed rule by submitting “written data, views, or arguments.” This is no mere paper exercise. Courts require agencies to demonstrate that they have not just solicited comments by engaging with this public feedback in a thoughtful way as they work toward a final rule …

Feb. 4, 2020 by James Goodwin
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On Thursday, the House Oversight and Reform Committee's Environment Subcommittee will hold a hearing to examine the harm to children posed by the Trump administration's attack on one of the most wildly successful clean air protections in American history: the Obama-era Mercury and Air Toxic Standards (MATS). The rule, adopted in 2012 after literally decades in the making, has reduced coal-fired power plant emissions of brain-damaging mercury by more than 81 percent, acid gases by more than 88 percent, and sulfur dioxide by more than 44 percent. Altogether, its pollution reductions have saved thousands of lives.

The February 6 hearing is part of a series that will highlight the despicably cruel impacts the Trump administration's assault on our safeguards is having on the nation's children. The other hearings will look at the administration's actions on the poverty line calculation, fair housing accountability, and the Supplemental Nutrition Assistance …

Jan. 23, 2020 by James Goodwin
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When the Trump administration released its recent proposal to gut the National Environmental Policy Act (NEPA), it trumpeted the action as a long-overdue step to "modernize" the law's implementation by "simplifying" and "clarifying" its procedural and analytical requirements for federal agencies. If these words sound familiar, that's because they're the disingenuous claptrap that opponents of regulatory safeguards repeatedly trot out to camouflage their efforts to rig legislative and rulemaking processes in favor of corporate polluters. Put differently, those terms might as well be conservatives' code words to describe something that will cause more trips to the emergency room for urban children who suffer from asthma, more toxic contaminants in our drinking water, more irreversible degradation of fragile wetlands, and more runaway climate change.

To wit, it was not so not long ago when opponents of regulatory safeguards used these exact words – modernize, simplify, and clarify – …

Dec. 30, 2019 by James Goodwin
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As I noted in my last post, 2019 brought a number of worrisome developments in regulatory policy. There were a few bright spots – most notably the positive attention public servants received for holding the Trump administration accountable. But, by and large, the most significant regulatory policy stories reflected the conservative movement’s successes in weakening the regulatory system. As a result, the threat to the future vitality of our system of safeguards – which we depend upon for our health and safety, the vitality of our economy, and the future of our planet – has never been greater. Here, in no particular order, are ten stories I will be following over the next year that could determine whether we will still have a regulatory system that is strong enough to promote fairness and accountability by preventing corporations from shifting the harmful effects of their activities onto innocent …

Dec. 20, 2019 by James Goodwin
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For many of us, the best way to characterize the past year in three words would be “too much news.” That sentiment certainly applies to the wonky backwater of the regulatory policy world. Today, that world looks much different than it did even just a year ago, and with still more rapid changes afoot, the cloud of uncertainty that now looms ominously over it doesn’t appear to be dissipating anytime soon. None of this is good for the health of our people, our democracy or our economy, and it’s certainly not good for the millions of working families struggling to keep their heads above water between paychecks.

Here, in no particular order, are 10 of the biggest developments from the past year that have contributed to this disquieting state of affairs.

  1. Nondelegation bullet dodged – for now. The case, Gundy v. United States, presented as clear …

Dec. 17, 2019 by James Goodwin
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Last week, my CPR colleagues and I were honored to be joined by dozens of fellow advocates and member of the press for a webinar that explored the recent CPR report, Regulation as Social Justice: A Crowdsourced Blueprint for Building a Progressive Regulatory System. Drawing on the ideas of more than 60 progressive advocates, this report provides a comprehensive, action-oriented agenda for building a progressive regulatory system. The webinar provided us with an opportunity to continue exploring these ideas, including the unique potential of the regulatory system as an institutional means for promoting a more just and equitable society.

Few organizations better illustrate this potential better than the Louisiana Bucket Brigade, so we were delighted to be joined at the top of the webinar by the organization's Founding Director, Anne Rolfes. Anne vividly described the work that the Louisiana Bucket Brigade is doing, empowering members of the …

Nov. 22, 2019 by James Goodwin
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This post was originally published on the Union of Concerned Scientists' blog. Reprinted with permission.

The Environmental Protection Agency (EPA) appears poised to take the next step in advancing its dangerous "censored science" rulemaking with the pending release of a supplemental proposal. The EPA presumably intends for this action to respond to criticism of the many glaring errors and shortcomings in its original proposal, hastily released in 2018. Unfortunately, if the leaked version of the supplemental proposal is any indication, the agency is no closer to curing one of the 2018 proposal's biggest defects: identifying a plausible legal authority to issue the rule in the first place. As such, if and when it's finalized, the rule is doomed to easy rejection on the judicial review that is certain to follow.

The censored science rule—perhaps more than any other action of the Trump-era EPA—has come to …

Oct. 17, 2019 by James Goodwin
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Rep. Elijah Cummings of Maryland was different from most other lawmakers we see today. He embodied a moral authority that others try to project but that for him was unquestionably authentic. When he spoke of working on behalf of "the people," there was never a shred of a doubt that he meant just that.

Rep. Cummings is a vivid reminder that our democratic institutions work best when they are open to genuinely diverse perspectives. His personal experiences with adversity and injustice helped forge the views he brought to his work as representative of Maryland’s 7th District, which includes some of the most economically distressed areas in the country. These lived experiences no doubt led him to view his constitutional duty to "promote the general Welfare" differently from many of his colleagues and to take that duty much more seriously.

Rep. Cummings brought this unique perspective …

Oct. 10, 2019 by James Goodwin
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Just when it seemed that President Donald Trump was completely immune to accountability for his various abuses of power, impeachment proceedings against him have quickly picked up steam over the last couple weeks.

Laying aside what happens with Trump, it's significant that it was a whistleblower complaint from a current CIA officer that helped expose the president's misconduct. (Reports that a second whistleblower, another intelligence official, is preparing to step forward have emerged in recent days.)

Therein lies one of the many important civics lessons to be drawn from the bit of history we're witnessing: The process to this point has confirmed the value of a high-quality, independent, and professional federal bureaucracy to the effective functioning of our democracy. For starters, while Trump administration political appointees and members of Congress on both sides of the aisle are likely to dominate the headlines as this drama plays out …

Oct. 10, 2019 by James Goodwin
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Last week, President Trump unleashed the latest volley in his administration's efforts to bring about the "deconstruction of the administrative state" with the signing of two new executive orders relating to agency issuance and use of "guidance documents." The first purports to ensure "improved agency guidance," while the second claims to promote "transparency and fairness" in the use of guidance for enforcement actions. The bottom line for the orders is that, with a few potentially big exceptions, they are unlikely to have much practical impact. Instead, this is mostly a messaging exercise by the Trump administration aimed at advancing the broader conservative campaign to delegitimize the regulatory system by propagating the tired old myth that regulatory agencies are unaccountable and pose a threat to our society.

Before diving into orders' substance, two housekeeping points need to be addressed. First, what are guidance documents anyway? They …

CPR HOMEPAGE
More on CPR's Work & Scholars.
March 19, 2020

CPR, Allies Call on Trump Administration to Hold Open Public Comment Process during COVID-19 Pandemic

Feb. 4, 2020

House Oversight Shines Light on EPA's Use of 'Mercury Math' to Justify Dangerous Rollback that Hurts Kids

Jan. 23, 2020

With Trump's NEPA Rollback, It's Conservatives Against Conservatives

Dec. 30, 2019

Top Ten Regulatory Policy Stories to Look Out for in 2020 (IMHO)

Dec. 20, 2019

Top Ten Regulatory Policy Stories of 2019 (IMHO)

Dec. 17, 2019

Webinar Recap: Achieving Social Justice through Better Regulations

Nov. 22, 2019

The EPA's 'Censored Science' Rule Isn't Just Bad Policy, It's Also Illegal