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James Goodwin | May 20, 2019

CPR Member Scholars Figure Prominently in this Year’s Duke Administrative Law Symposium

The annual Duke Law Journal Administrative Law Symposium has long served as one of the most prestigious fora for cutting-edge administrative law scholarship. This year's event, which featured the leadership and contributions of six CPR Member Scholars, was no exception. Each symposium is built around a theme, and this year's topic was "Deregulatory Games," which […]

Matthew Freeman | April 23, 2019

Buzbee in NYT: Census Case Tests SCOTUS Majority’s Commitment to Political Neutrality

CPR Member Scholar Bill Buzbee has an op-ed in The New York Times this morning in which he observes that the Supreme Court’s conservative majority faces a true rubber-meets-the-road test as it considers the Trump administration’s determination to add a citizenship question to the 2020 census, despite multiple procedural and substantive problems with the plan. […]

James Goodwin | April 18, 2019

CPR Scholars and Staff Call on EPA to Abandon Proposed Attack on Mercury Rule

One of the most successful environmental regulations in U.S. history is under attack from the Trump EPA – and its demise might be accomplished by shady bookkeeping. That is the conclusion of comments filed by Center for Progressive Reform Member Scholars and staff on April 17. Since it was issued in 2011, the Mercury and […]

William Funk | April 16, 2019

OMB Leveraging the CRA to Add to Its Oversight of Independent Regulatory Agencies

Last week, the acting director of the Office of Management and Budget (OMB) issued a memorandum to all agencies regarding compliance with the Congressional Review Act (CRA). This memo supersedes one issued in 1999 and pulls independent regulatory agencies – specifically designed by Congress to be less prone to political interference than executive agencies – […]

Daniel Farber | April 12, 2019

What Else Should Congress Investigate?

Originally published on Legal Planet. Every day, it seems that there is a headline about some investigation involving campaign finance violations, the White House, or the actions of some foreign power. Perhaps that's all the bandwidth that Congress has. But there are other areas calling out for inquiry. Here are just a few: CAFE Standards. […]

Daniel Farber | April 9, 2019

Economists vs. Environmentalists: Time for Détente?

Originally published on Legal Planet. Cost-benefit analysis has long been the target of environmentalist ire. But one lesson of the Trump years has been that economic analysis can be a source of support for environmental policy — it is the anti-regulatory forces who have to fudge the numbers to justify their actions. Most energy and […]

James Goodwin | March 25, 2019

Some Recusal Rules of Thumb for Recently Confirmed Judge Rao

During her confirmation hearing, Neomi Rao – then the administrator of the White House Office of Information and Regulatory Affairs (OIRA) and President Trump's pick to fill Justice Kavanaugh's vacant seat on the U.S. Court of Appeals for the D.C. Circuit – attracted a lot of controversy. Much of it surrounded the outrageous student newspaper […]

James Goodwin | March 19, 2019

Public Interest Community Calls on EPA Administrator to Halt Dangerous ‘Benefits-Busting Rule’

Today, the Center for Progressive Reform and 46 other environmental, labor, and public health organizations sent a letter to Environmental Protection Agency (EPA) Administrator Andrew Wheeler calling on him to withdraw the agency's pending "benefits-busting" rule. Wheeler was recently confirmed as the official agency head, and, as the letter notes, he can begin his tenure on […]

Joel A. Mintz | March 11, 2019

Due to NEPA, Trump’s ‘One-In, Two-Out’ Order Does Not Apply to Environmentally Protective Regulations

This post is adapted from a recent law review article published in the University of Missouri—Kansas City Law Review. In myriad ways – from speeches, favoritism toward polluting industries, and ill-advised regulatory rollbacks – the Trump administration has consistently exhibited unrestrained antagonism toward regulatory safeguards for health, safety, and the environment. One of the earliest […]