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Showing 57 results

James Goodwin | January 18, 2023

To Preserve Our Constitutional Order, We Need More Federal Judges Like Brandeis

The federal judiciary is in crisis. Now stocked with conservative jurists who openly disdain the courts’ limited constitutional role and actively dismiss the public they serve, this critical branch of our government presents an unacceptable risk to the stability of our democracy and economy. But there are solutions at hand.

James Goodwin | January 12, 2023

Biden’s New Open Government Plan Lays Out a Progressive Regulatory Reform Agenda

In case you missed it, the Biden administration capped off 2022 with the release of a new “open government” plan that aims to improve access to federal data and information, better engage the public in the regulatory process, and streamline delivery of government services and benefits.

Allison Stevens | January 4, 2023

Member Scholars Light the Way to a Brighter Future for All

Greetings from sunny San Diego, where the Center for Progressive Reform is gathering alongside the annual Association of American Law Schools conference to celebrate 20 years of impact and explore legal and policy changes that would secure a more sustainable climate and a more just transition to clean energy. Also at the top of our agenda: celebrating our invaluable Member Scholars.

James Goodwin | December 8, 2022

OIRA Is Working to Improve Public Participation in the Regulatory System. Here Are Some Ideas.

Last month, the White House Office of Information and Regulatory Affairs (OIRA) announced that it was conducting a public listening session to obtain ideas about how the Biden administration could strengthen the public’s ability to engage in the regulatory system. This is an issue we at the Center have been working hard on in recent years. So, we were happy to answer OIRA’s call.

US Capitol Building behind green trees

Allison Stevens, David Driesen, James Goodwin, Sidney A. Shapiro, Thomas McGarity | November 21, 2022

How Will the Midterm Elections Affect Regulation? Member Scholars and Staff Offer Expert Insights

We asked several of our Member Scholars how the midterm election outcomes will affect policy going forward in our three priority policy areas. Today’s post covers the implications for regulations.

James Goodwin | September 29, 2022

The EPA Shows It Can Do Better Regulatory Analysis. Will Biden Follow?

Last month, the U.S. Environmental Protection Agency (EPA) released what is almost certainly the best regulatory analysis it has performed in over 40 years. (To be clear, though, the bar for these analyses is pretty low.) More importantly, it provides President Biden with new impetus to finally follow through with the long overdue implementation of his administration’s “Modernizing Regulatory Review” memorandum.

James Goodwin | September 28, 2022

Biden Has Fallen Behind on Regulatory Policy. Revesz’s Confirmation Won’t Change That.

What does President Joe Biden believe on regulatory policy? It is striking that after 20 months of his administration, we still do not know. Unfortunately, rather than shed light on this crucial issue, September 29th's Senate confirmation hearing to consider the nomination of law professor Richard Revesz as the next administrator of the White House Office of Information and Regulatory Affairs (OIRA) is likely to raise more uncertainty.

Daniel Farber | September 22, 2022

Cost-Benefit Analysis and Deep Uncertainty

Since 1981, cost-benefit analysis has been at the core of the rulemaking process. The Office of Information and Regulatory Affairs (OIRA), the so-called “regulatory czar” in the White House, must approve every significant regulation based on a review of its cost-benefit analysis. But cost-benefit analysis has had a major blind spot. It embodies techniques for analyzing possible harmful outcomes when the probability of those outcomes can be quantified with reasonable confidence. When those probabilities cannot be quantified (“deep uncertainty”), the analytic path is more difficult. This issue is especially important in the context of climate change, given the potential for tipping points to produce disastrous outcomes.

Daniel Farber | June 9, 2022

Whose Interests Count? And How Much?

Should regulators take into account harm to people in other countries? What about harm to future generations? Should we give special attention when the disadvantaged are harmed? These questions are central to climate policy and some other important environmental issues. I’ll use cost-benefit analysis as a framework for discussing these issues. You probably don’t need my help in thinking about the ethical issues, so instead I’ll focus on legal and economic considerations.