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We Need to Uproot Roadblocks to Just, Equitable Safeguards. Here Are 10 Things the Biden-Harris Team Can Do to Make that Happen

After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve.

The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.

Using the regulatory system as a policy tool is not easy under ideal circumstances, let alone during difficult times like these. For the last four years, the Trump administration has waged all-out war on “protector agencies” like the Environmental Protection Agency and the Food and Drug Administration, seeking to demolish them from the inside out. This assault comes after decades of neglect and underinvestment by previous administrations.

Biden and Harris can repair and rebuild the nation’s system of standards and safeguards. But they can and should do more — they should build it back better. In a series of memos to the Biden-Harris transition team, CPR Member Scholars Catherine O’Neill and Sid Shapiro join us in explaining how they can do so. Our comprehensive plan lays out how they can tackle the policy challenges ahead and steer our country toward a more just and equitable future.

Our recommendations focus on a new executive order to replace Executive Order 12866, which establishes the current framework for regulatory policy across executive branch agencies. Specifically, the new administration should overhaul (1) how the White House Office of Information and Regulatory Affairs (OIRA) reviews proposed protections and (2) how agencies assess the impacts of the rules they develop.

Top 10 Recommendations

To build a more just regulatory system, we urge Biden and Harris to make the following 10 reforms:

  1. Put significant curbs on OIRA’s authority. OIRA should only review the largest agency rules, and it should be restricted to a limited “quality check.” OIRA should also be explicitly prohibited from weighing in on science or other complex policy matters best left to agency experts.

  2. Direct OIRA to shift its focus from individual rule reviews to more administration-wide coordination of individual agencies’ regulatory agendas, with the goal of promoting cohesive policy and preventing potential conflicts.

  3. Direct OIRA to (1) embrace and promote a more positive and constructive vision of regulation and (2) advance this vision through efforts to help agencies elevate social justice and equity through the effective pursuit of their missions.

  4. Make OIRA’s review process more transparent by making available to the public all meeting summaries and written communications on individual rule reviews.

  5. Direct agencies to use the context-specific methods included in the laws they're implementing when deciding how to evaluate the costs and benefits of their rules.

  6. Prohibit agencies from “monetizing” regulatory impacts — in other words, placing a monetary value on things that are not bought and sold in the marketplace, such as preventing deaths or protecting unique ecosystems — as part of their regulatory analysis except when they are explicitly required by law to do so.

  7. Direct agencies to (1) develop and implement specific practices that elevate non-monetized benefits and costs and (2) give them the same level of attention and consideration accorded to monetized ones.

  8. Direct agencies to develop and implement specific practices that ensure meaningful consideration of the cumulative and disproportionate harms that historically disadvantaged communities experience, as well as the potential unfairness that results when industries shift the costs of their harmful activities to the public.

  9. Nominate an OIRA administrator who has a demonstrated commitment to advancing the public interest through standards and safeguards.

  10. Increase diversity among OIRA personnel, not only across disciplinary expertise but also across key demographics (like race and ethnicity) and life experiences.

We lay out each recommendation in greater detail in the following six memos:

These memos were developed in conjunction with CPR’s Beyond 12866 initiative, a project designed to create a more just regulatory system.

Top image by Flickr user uusc4all, used under Creative Commons license CC BY-NC-ND 2.0.

Showing 2,914 results

Amy Sinden, James Goodwin | November 18, 2020

We Need to Uproot Roadblocks to Just, Equitable Safeguards. Here Are 10 Things the Biden-Harris Team Can Do to Make that Happen

After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve. The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.

David Flores | November 4, 2020

It’s Time to Tear Down Barriers to Sensible Safeguards, Equity, and Justice in Virginia

With the climate and COVID crises at the fore, state and local environmental regulation and decision-making in has taken on greater weight in Virginia. As CPR Policy Analyst Katlyn Schmitt points out in a new paper, there is still some low-hanging fruit to be picked before Virginians can be equitably served by and participate in the Commonwealth’s environmental decision-making process.

Laurie Ristino | November 4, 2020

CPR Urges Vote Count to Continue Free from Political Interference

CPR is committed to meaningful public participation in all of America’s democratic institutions. We believe such participation is essential for ensuring more just and effective policies, but also for imbuing those policies with legitimacy and public confidence. Public participation is critical to empowering all Americans to have their say in our centuries-long project of forming a more perfect union.

Matthew Freeman | October 30, 2020

Thanks for the Journey!

After 17 years with CPR, media consultant Matt Freeman signs off.

James Goodwin | October 29, 2020

New Web Article Exposes the Pseudoscience of Cost-Benefit Analysis

This week, I’m posting a new web article documenting the arbitrariness and subjectivity that cost-benefit analysis injects into regulatory decision-making, the latest installment in CPR’s Beyond 12866 initiative. Specifically, the piece explains how cost-benefit analysis deploys a wide variety of methodological techniques that can be clumsy, unscientific, ethically dubious, and, too often, downright absurd.

Darya Minovi | October 28, 2020

Webinar Recap: Environmental Justice and Public Health Implications of Extreme Weather and Toxic Chemicals

If you want to know what the world will look like as the climate crisis ramps up, you don't need a crystal ball. In fact, you need look no further than the past few months of 2020. Western states are fighting record-breaking wildfires, major flooding has plagued the Midwest, and we are in the midst of a historic hurricane season. On October 20, CPR convened a group of researchers, advocates, and community organizers to discuss how the increasing frequency of extreme weather may impact coastal communities, especially those near hazardous industrial facilities vulnerable to damage.

Katlyn Schmitt | October 22, 2020

A Funding Win for Chesapeake Bay Clean Up Efforts

Earlier this month, Congress overwhelmingly passed America's Conservation Enhancement Act (ACE). The legislation's dozen-plus conservation initiatives include reauthorizations for important programs that help protect the Chesapeake Bay and wetlands across the country.

Darya Minovi, Katlyn Schmitt | October 21, 2020

New Report Finds Dangerous Nitrate Pollution in Maryland Drinking Water

Dangerous nitrate pollution has contaminated the groundwater that supplies private drinking water wells and public water utilities in several agricultural regions across the United States, posing a significant threat to people's health. A new report from the Center for Progressive Reform (CPR) indicates that this problem has reached Maryland's Lower Eastern Shore, an area that's home to hundreds of concentrated animal feeding operations (CAFOs) and millions of chickens.

James Goodwin | October 19, 2020

Will Confirming Judge Barrett be the Death of Chevron Deference?

For many of us, the prospect of a Supreme Court with Judge Amy Coney Barrett giving conservatives a solid 6-3 supermajority is nightmare fuel. The consequences extend beyond hot-button social issues, such as women's reproductive rights or individual access to affordable health care. If confirmed, Barrett would likely spur the aggressive pro-business agenda that the Court has pursued under the auspices of Chief Justice John Roberts. A key item on that agenda is overturning something called Chevron deference, which some business groups have made a top priority in their broader campaign to bring about, as former White House Chief Strategist Steve Bannon put it, the "deconstruction of the administrative state."