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July 6, 2021 by James Goodwin

Biden White House Can Make the Regulatory System Anti-Racist. Here's How.

The White House is asking for input on how the federal government can advance equity and better support underserved groups. As a policy analyst who has studied the federal regulatory system for more than a dozen years, I have some answers — and I submitted them today. My recommendations focus on the White House rulemaking process and offer the Biden administration a comprehensive blueprint for promoting racial justice and equity through agencies’ regulatory decision-making.

To put it bluntly, the U.S. regulatory system is racist.

Key institutions and procedures throughout the rulemaking process contribute to structural racism in our society, resulting in policies that exacerbate racial injustice and inequity. We can’t have truly equitable regulatory policy unless and until these features of the regulatory system are reformed or eliminated.

To make good on its promise to advance equity, the Biden administration must overhaul two interrelated components of the regulatory system: how agencies go about evaluating draft regulations and how they go about obtaining policy-relevant information.

The predominant form of regulatory evaluation is a controversial form of cost-benefit analysis that, through its theoretical assumptions and methodologies, embeds racism in regulatory decision-making. As this practice has grown in influence, it has displaced …

June 25, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden administration is gearing up to start a slew of regulatory proceedings, here's what you need to know about the process.

Issuing Regulations

Q: Where do agencies like EPA get the power to create regulations?

A: EPA and other agencies are created by Congress. They also get the power to issue regulations from laws passed by Congress. For instance, the Clean Water Act tells EPA to issue regulations based on the "best available technology" for controlling the discharge of toxic water pollutants.

Q: Who decides whether an agency should start the process to issue a new regulation?

A: Some statutes set deadlines and require agencies to act. In those situations, a court can intervene …

June 10, 2021 by James Goodwin
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Political Interference from White House Regulatory Office May Have Played a Role

The Labor Department’s emergency COVID standard, released today, is too limited and weak to effectively protect all workers from the ongoing pandemic. The workers left at greatest risk are people of color and the working poor.

Workers justifiably expected an enforceable general industry standard to protect them from COVID-19, and the Center for Progressive Reform (CPR) has been calling for such a standard since June 2020. But what emerged after more than six weeks of closed-door White House review was a largely unenforceable voluntary guidance document, with only health care workers receiving the benefit of an enforceable standard.

The interference with the COVID standard by the White House regulatory office, the Office of Information and Regulatory Affairs (OIRA), sends the wrong signal about the Biden administration's commitment to improving the regulatory review process, which …

June 9, 2021 by James Goodwin
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In addition to cleaning up our environment, the U.S. Environmental Protection Agency (EPA) must also clean up the mess the Trump administration left behind.

The Biden EPA recently took an important step in this direction by finalizing its plan to rescind a Trump-era rule that would drastically overhaul how it analyzes the rules it develops to implement the Clean Air Act. If implemented, Trump's "benefits-busting" rule would have sabotaged the effective and timely implementation of this popular and essential law, which protects the public from dangerous pollution that worsens asthma and causes other diseases. The rescission is slated to take effect next week.

On June 9, the EPA held a public hearing to gather feedback on rescinding the rule, which CPR has been tracking for several years. CPR Member Scholars Rebecca Bratspies and Amy Sinden joined me in testifying in support.

A New and Better Approach …

May 21, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Republished with permission.

In its closing days, the Trump administration issued a rule designed to tilt EPA's cost-benefit analysis of air pollution regulations in favor of industry. Recently, the agency rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA's explanation for the rescission was illuminating, however. It sheds some important light on how the agency views the role of cost-benefit analysis in its decisions.

The Trump rule contained an industry wish list of provisions, all of them designed to make regulation more difficult. At the time, the provision that got the most attention related to co-benefits. Co-benefits are the beneficial side effects of a regulation. For example, a regulation designed to reduce mercury emissions from power plants also cut emissions of fine particulates, thereby saving …

May 4, 2021 by Karen Sokol
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This op-ed was originally published in The Hill.

A week after taking office, President Joe Biden issued an executive order “on tackling the climate crisis” that aims to face the challenge comprehensively and equitably. Biden has quickly appointed and seen confirmed a team of leaders who are committed to all aspects of this mission. Our country is finally on the cusp of meaningful climate action. The climate action train is so popular that even fossil fuel companies, which have historically sought to derail it, are now saying they’re on board

We should, of course, welcome all sincere collaborators; the fossil fuel industry is not among them.

Yes, major oil and gas companies are finally, if reluctantly, beginning to publicly acknowledge the climate crisis, and some even claim to “support” the Paris Agreement’s goal of net-zero carbon emissions by 2050. 

These claims are a central part …

April 29, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

April 30 marks President Biden's first 100 days in office. He's appointed a great climate team and is negotiating an infrastructure bill that focuses on climate change. With luck, those actions will produce major environmental gains down the road. There are also some solid gains in the form of actions that have already come to fruition. Here's where things stand.

Executive orders. Former President Trump seemed to delight in issuing anti-environmental executive orders. All of those are gone now, replaced with Biden's environment-friendly substitute. In one important move, Biden restored former President Obama's estimate of the social cost of carbon, which Trump had slashed.

Foreign affairs. Here the big news is that Biden has taken the United States back into the Paris agreement and has submitted a commitment cut emissions by 50 percent from 2005 levels …

April 27, 2021 by James Goodwin
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President Joe Biden's April 28 speech to a joint session of Congress — his first major address since his inauguration — offers him a chance to outline and defend his policy priorities. He should use this opportunity to articulate a positive vision of regulation as an institution within our democracy and to champion the crucial role it plays in promoting the public interest.

Biden will likely focus much of his speech on his ambitious infrastructure plan, from which he can easily pivot to regulation. After all, robust regulations are essential to the success of the U.S. economy, no different from traditional "gray" infrastructure like roads, bridges, pipelines, and power lines.

Strong regulatory protections provide a foundation of trust, which is critical for keeping our economy humming. Imagine, for example, if the Biden administration's Occupational Safety and Health Administration (OSHA) issued its long overdue emergency temporary standard to protect …

April 23, 2021 by Alejandro Camacho
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On April 22, the White House confirmed that President Joe Biden will nominate Tracy Stone-Manning to head up the Bureau of Land Management (BLM), a federal agency charged with overseeing national monuments and other public lands, as well as key aspects of energy development.

A longtime conservation advocate, Stone-Manning has worked for the National Wildlife Federation, served as chief of staff to former Montana Gov. Steve Bullock and advisor to Sen. Jon Tester, and led Montana's Department of Environmental Quality.

If confirmed, she will oversee an agency of the U.S. Department of Interior that was used and abused by the Trump administration, Interior Secretaries Ryan Zinke and David Bernhardt, and Acting BLM Director William Pendley, who was removed from the post after serving illegally for more than a year. During the previous administration, the agency shrank national monuments, threw open the doors to fossil fuel extraction …

April 20, 2021 by Darya Minovi
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Since President Joe Biden assumed office, environmental justice has been at the front and center of his administration. One key initiative: developing better mapping tools to identify communities that may bear a disproportionate burden of toxic pollution and climate change impacts. Biden’s environmental justice (EJ) plan emphasizes the value of these tools and the need to improve them.

The U.S. Environmental Protection Agency’s (EPA) current tool — known as EJSCREEN — dates to 1994, when President Bill Clinton issued an executive order instructing federal agencies to collect, maintain, and analyze information on environmental and human health risks borne by low-income communities and people of color.

The EPA published EJSCREEN in 2015. It integrates demographic data (such as percent low-income, under the age five, over age 65, etc.) and environmental pollution measures at the block group or census tract level nationwide. The mapped data provide a visual …

CPR HOMEPAGE
More on CPR's Work & Scholars.
April 25, 2022

Biden Undoes NEPA Rollback

April 12, 2022

Regan Hits His Stride

Feb. 24, 2022

The Hill Op-Ed: EPA Needs to Reinstate a Critical Environmental Tool Scrapped by Trump

Feb. 2, 2022

The Interior Department's Promising but Unfinished Business

Jan. 27, 2022

The Death of Law and Equity

Jan. 13, 2022

Will the 30 x 30 Initiative Protect 30 Percent of Freshwater Resources by 2030?

Dec. 2, 2021

Strengthening the 4th Branch of Government