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William Funk | July 17, 2013

Government Seeks Certiorari on Clean Water Act’s Direct Review Provision in EPA v. Friends of the Everglades

Environmentalists know about the Environmental Protection Agency’s Water Transfer Rule. See 40 CFR § 122.3(i). It states in essence that discharging polluted water from one body of water to another unpolluted body of water is not a discharge of a pollutant under the Clean Water Act. According to the EPA, this action would not be regulated […]

Frank Ackerman | July 17, 2013

As Good as a Stopped Clock: The House does Transparency

One day in May, climate change got a lot more expensive. The price tag on emissions – the value of the damages done by one more ton of CO2 in the air – used to be a mere $25 or so, in today’s dollars, according to an anonymous government task force that met in secret […]

Dave Owen | July 16, 2013

Urban Stormwater Runoff: The Residual Designation Authority Bombshell

Last week brought big news in the water quality world.  On July 10, American Rivers, the Conservation Law Foundation, the Natural Resources Defense Council, and several other environmental groups filed “residual designation authority” petitions for stormwater discharges across EPA Regions 1 (New England), 3 (mid-Atlantic), and 9 (southwestern states and California).  That may sound like an obscure and technical […]

Erin Kesler | July 10, 2013

Statement of CPR President Rena Steinzor on ‘Energy Consumer Relief Act’ Mark-up

This morning, the House Energy and Commerce Subcommittee is expected to advance the “Energy Consumer Relief Act” for consideration. The Act would allow the head of the Department of Energy to veto any rules promulgated by the EPA with estimated “costs” of over $1 billion.  Center for Progressive Reform President Rena Steinzor testified against the […]

James Goodwin | July 9, 2013

By the Numbers: The Costs of New Regulatory Delays Announced in the Spring 2013 Regulatory Agenda

  “April showers bring May flowers.” To that well-known spring-related proverb one might soon add “the Spring Regulatory Agenda brings new groundless complaints from corporate interests and their anti-regulatory allies in Congress about so-called regulatory overreach.” Last Wednesday, the Obama Administration issued the 2013 edition of the Spring Regulatory Agenda, one of two documents the President must issue […]

James Goodwin | July 3, 2013

Mission Critical: Under New Regulatory Czar Shelanski, OIRA Must Begin to Affirmatively Help Reinvigorate the Regulatory System

Welcome aboard, Administrator Shelanski.  You’re already well into your first week on the job as the head of the White House Office of Information and Regulatory Affairs (OIRA).    You’ve already received plenty of valuable advice—during your confirmation hearing and from the pages of this blog, among other places—on how you can transform OIRA’s role in […]

Thomas McGarity | July 2, 2013

Anything but Generic: Supreme Court Preemption Opinion Calls for Correction from Congress and the FDA

Lost among the high-profile opinions that the Supreme Court issued during the past two weeks was a case that attracted little media attention, but is of great importance to the millions of Americans who take generic drugs. Karen Bartlett, a secretary for an insurance company filed the lawsuit against generic drug manufacturer Mutual Pharmaceutical Company. […]

Matthew Freeman | June 28, 2013

CPR’s John Echeverria’s NY Times Op-Ed on Supreme Court’s Latest ‘Takings’ Decision

CPR Member Scholar John Echeverria has an op-ed in Wednesday’s New York Times on the Supreme Court’s end-of-term decision in a land-use case, Koontz v. St. Johns River Water Management District. Although the case has been somewhat overlooked amidst the Court’s evisceration of the Voting Rights Act, and its landmark decisions on same-sex marriage, it has […]

Erin Kesler | June 28, 2013

Statement by CPR Scholar Sid Shapiro on the Senate’s Confirmation of Howard Shelanski as Head of OIRA

Last night, the Senate confirmed Howard Shelanski as Administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget. As we’ve written about before, the confirmation of Shelanski as head of OIRA comes at a criticial juncture. OIRA is tasked with reviewing rules proposed by federal agencies. Presently,  of the 139 […]