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Showing 124 results

Daniel Farber | September 10, 2021

Vacancy

The Biden administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of his first year. Biden's delay in filling this important office is hard to defend.

Minor Sinclair | September 6, 2021

Labor Day 2021: This May Be the Best Year for Labor in a Generation

Economists are scratching their heads furiously — why is there a labor shortage amidst high unemployment? Everywhere employers are posting “Help Wanted” signs but still face shortage of workers. The last six months of worker disillusionment with the job market shows a new source of power: the power of workers when they withdraw the services of their labor.

Melissa Lutrell, Sidney A. Shapiro | August 17, 2021

The Hill Op-ed: Regulatory Analysis Is Too Important to Be Left to the Economists

The surging COVID-19 delta variant is sending thousands of people to the hospital, killing others, and straining several states' hospital systems to their breaking point. The climate crisis is hurting people, communities and countries as we write this piece, with apocalyptic wildfires, crippling droughts and raging floodwaters. Systemic racism continues unabated, leading to vast economic and environmental injustices. It's beyond time for urgent action, but to get there, the federal government must reform the opaque, biased method it uses to evaluate our nation's public health, economic and environmental protections.

James Goodwin | July 21, 2021

Biden Said He Wants to ‘Modernize Regulatory Review.’ The EPA’s Chemical Disaster Rule is a Great Place to Start.

The Biden administration's Environmental Protection Agency (EPA) is currently seeking public input on its efforts to revamp an important Clean Air Act program called the Risk Management Plan (RMP) rule for facilities that produce, store, or use large amounts of dangerous chemicals. It is meant to prevent catastrophes -- like the 2017 Arkema explosion in Crosby, Texas -- which not only put human lives and health in danger (especially for the communities of color that are disproportionately overrepresented in the shadows of these facilities), but also cause costly disruption for local economies.

Daniel Farber | June 25, 2021

The Regulatory Process: FAQs

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.

James Goodwin | June 9, 2021

CPR Scholars and Staff Back EPA’s Plan to Eliminate Trump ‘Benefits-Busting’ Rule

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

Clarissa Libertelli | June 8, 2021

Waiting for a Reckoning: Reflections on World Oceans Day, the BP Oil Spill, and Worker Safety

World Oceans Day marks a time to reflect on how our oceans connect to human and environmental health. This year’s theme of “Life and Livelihoods” comes at a time when our federal government is turning to energy jobs and climate justice. As the BP/Deepwater Horizon oil spill of 2010 showed, the lives and livelihoods of millions are affected by how we manage ocean policy. Eleven years later, will policy adapt to prioritize human and environmental health over business?

Daniel Farber | May 24, 2021

Getting the Lead Out

Lead can cause neurological damage to young children and developing fetuses. The only really safe level is zero. Because poor children are the most likely to be exposed to this hazard, this is also a major environmental justice issue. The Trump EPA took the position that it could set a hazard level higher than zero because of the cost of reaching a lower threshold. In a split decision, the Ninth Circuit reversed. The statutory issues are complicated, and a dissent raised some reasonable arguments. Ultimately, though, it's hard to believe Congress wanted EPA to misrepresent that a certain level of lead is safe for children when it really isn't.

Daniel Farber | May 21, 2021

Cost-Benefit Analysis and the Biden EPA

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.