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Daniel Farber | March 30, 2021

Biden’s Dilemma: Limiting Carbon from Existing Power Plants

Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what?

Daniel Farber | March 25, 2021

The Nondelegation Doctrine and Its Threat to Environmental Law

If you ask Supreme Court experts what keeps them up at night, the answer is likely to be the non-delegation doctrine. If you are among the 99.9 percent of Americans who've never heard of it, here's an explainer of the doctrine and what the 6-3 Court might do with it.

James Goodwin | March 24, 2021

Biden’s Overhaul Effort Should Include the ‘Basic Principles’ of Regulation, Too

In a little-noticed move on Day One, President Joe Biden issued a memo designed to institute a more progressive process for developing new regulations. Such an effort is essential, given that timely, effective regulations will play a key role in achieving Biden-Harris administration's policy agenda. To succeed, however, it must also tackle the conservative philosophy that guides our government's rulemaking process.

James Goodwin, Sidney A. Shapiro | March 23, 2021

To Democratize Regulation, Reform Regulatory Analysis

To paraphrase French economist Thomas Piketty, the task of evaluating new regulations is too important to leave to just economists. Yet, since the 1980s, White House-supervised regulatory impact analysis has privileged economic efficiency as the primary and often only legitimate objective of federal regulation. The regulatory reform initiative launched by President Joseph R. Biden on his first day in office creates an opportunity to reorient regulatory analysis in ways that both reformers and the public support.

Gilonne d'Origny, Maggie Dewane | March 12, 2021

Women’s History Month Q&A with Board Member Gilonne d’Origny

To commemorate Women’s History Month, we’re interviewing women at the Center for Progressive Reform about how they’re building a more just America. This week we spoke to Gilonne d'Origny.

Alejandro Camacho, Melissa Kelly | March 9, 2021

Court Favors Deliberative-Process Privilege Protections over FOIA Transparency Goals

Notwithstanding the Freedom of Information Act's primary goal of promoting transparency in government decision-making, the Supreme Court on Thursday ruled by a 7-to-2 vote that the public policy of facilitating agency candor in exercising its expertise in preliminary agency deliberations can outweigh such transparency and accountability concerns. Justice Amy Coney Barrett delivered the 11-page opinion, her first majority opinion since joining the court in October. It was a natural debut given that the case, U.S. Fish and Wildlife Service v. Sierra Club, was the first oral argument that Barrett heard after joining the bench.

Maggie Dewane | March 8, 2021

Women of CPR Choose to Challenge

International Women’s Day celebrates the changes made by women and calls for action to accelerate women’s equality. This year, International Women’s Day notes that a challenged world is an alert world, and from challenge comes change.

Sidney A. Shapiro | March 3, 2021

The Hill Op-ed: Attention, Lawmakers — Regulation Is More Popular Than You Think

Amid the Sturm und Drang (storm and stress) of politics these days, one fact stands out — a large majority of Americans want more regulatory protection in a wide variety of areas, according to a recent poll of likely voters. The results are consistent with previous polls that indicate that Americans understand the importance of government regulation in protecting them from financial and health risks beyond their control. They also indicate majority support for efforts by the Biden administration to renew government regulation — as well as a stark repudiation of former President Trump’s extreme anti-regulatory agenda.

Daniel Farber | March 2, 2021

Recalculating the Cost of Climate Change

"The social cost of carbon" isn't exactly a household phrase. It's an estimate of the harm caused by emitting a ton of carbon dioxide over the many decades it remains in the atmosphere. That's an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot of controversy. The Obama administration came up with a set of estimates, which Trump then slashed by 90 percent. In an early executive order, Biden created a task force to revisit the issue. Last week, the task force issued its first report. It's an impressive effort given that Biden is barely a month into his presidency. The document provides a clear overview of the ways in which climate science and climate economics have advanced since the Obama estimates and makes the case for rejecting the Trump administration's revisions. At least one federal court has already rejected those revisions, as well.