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Last week I discussed how the institution of judicial review has been used to amplify the deregulatory nature of cost-benefit analysis.  This week, I'll talk about some possible remedies. An unusual synergy exists between the institutions of cost-benefit analysis and judicial review.  Under most circumstances, the institution of judicial review is arguably neutral with regard to […]

For the last few years now, CPR’s Member Scholars have made the case that cost-benefit analysis is, by itself, fundamentally deregulatory in nature.  Unfortunately, other institutions in our federal government tend to exacerbate the deregulatory nature of cost-benefit analysis.  Whether by design or dumb luck, cost-benefit analysis allows regulatory opponents to use those institutions—most notably […]

This morning, the Center for Progressive Reform’s Rena Steinzor testifies before the House Science and Technology Committee’s Subcommittee on Investigations and Oversight.  In her remarks, she calls on the White House to reshape the role of the director of OMB’s Office of Information and Regulatory Affairs — the so-called regulatory czar.  All too frequently OIRA […]

A coalition of conservative and moderate Democrats has recommended deleting section 336 of the Waxman-Markey climate change bill because of “concern among industry about potential new liability for any emitter” under that provision (see the proposed amendments). Some polluters’ objective, apparently, is to avoid liability for violating the law, and they recommend this deletion as […]

This morning, the Center for Progressive Reform’s Rena Steinzor testifies before the House Science and Technology Committee’s Subcommittee on Investigations and Oversight.  In her remarks, she calls on the White House to reshape the role of the director of OMB’s Office of Information and Regulatory Affairs — the so-called regulatory czar.  All too frequently OIRA […]

This post is written by CPR Member Scholars Dan Tarlock and Holly Doremus How has the Department of Interior fared during the first 100 days? If history is any guide, the issue may be more important than many people assume. With one major and one minor exception, Secretaries of the Interior stay put in Democratic […]

There are few areas where the difference between the Republican and Democratic parties is more stark than that of the Freedom of Information Act. The FOIA, of course, requires agencies to provide copies of their records to any person upon request unless the record fits within one of nine specific exemptions. Among the most important […]

Inside the Washington Beltway, we are awash in stories about President Obama’s first 100 days. Some are comparative—how is Obama doing in relationship to Franklin Roosevelt at the same point in his first term? Some are pure spin—“we’re competent and we love each other!" opines Rahm Emanuel, the obviously biased Obama chief of staff. And […]

Two weeks ago, Representatives Waxman and Markey put forth a 648-page legislative draft for dealing with climate change. That draft had proposals for the use of offsets, some good and some not so good (see my earlier post). Moderate and conservative Democrats on the Energy and Commerce Committee have now put forward suggested changes (as […]