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Daniel Farber | October 8, 2018

Progressive Regulatory Reform

This post was originally published as part of a symposium on ACSblog, the blog of the American Constitution Society. Reprinted with permission. Until recently, you could be a very well-informed American – a lawyer, even – without ever having heard of the Chevron doctrine. That has changed enough that last month, The New Yorker had […]

James Goodwin | October 1, 2018

Executive Order 12866 Is Basically Dead, and the Trump Administration Basically Killed It

Sunday marked the 25th anniversary of the issuance of Executive Order 12866, but it was hardly a happy occasion. For all intents and purposes, though, the order, which governs the process by which federal agencies develop regulations under the supervision of the White House Office of Information and Regulatory Affairs (OIRA), is dead. Despite all […]

Daniel Farber | September 27, 2018

The Case for Co-Benefits

Cross-posted from LegalPlanet. The Trump administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation because cutting carbon emissions […]

Alice Kaswan | September 26, 2018

Expanding Environmental Justice to Achieve a Just Transition

Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A recent study tells us that Hurricane Maria, which struck Puerto Rico in September 2017, may have caused as many as 4,600 deaths, far exceeding the initial official death toll of 64. In contrast, contemporaneous hurricanes in Texas […]

Daniel Farber | September 25, 2018

The Jobs and Regulation Issue Revisited

Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. Despite noisy political claims to the contrary, the weight of the evidence suggests that regulation has a small impact on the total number of jobs. Still, regulation is bound to have some effect on who […]

Robert Verchick, Sidney A. Shapiro | September 24, 2018

Regulating the Green Economy

Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A green economy will generate thousands of new jobs — many more than will be lost to regulations on carbon pollution. But a green economy may also increase wealth inequality in some parts of the […]

James Goodwin | September 6, 2018

CPR Member Scholars and Staff Express Support for Sen. Warren’s Anti-Corruption Bill

Today, 18 CPR Member Scholars and staff sent a letter to Sen. Elizabeth Warren expressing their support for her recently introduced bill, the Anti-Corruption and Public Integrity Act, in particular its provisions to reform the regulatory system so that it works for all Americans. These provisions are just one component of the bill’s comprehensive effort […]

Matt Shudtz | September 4, 2018

The Socratic Method: CPR Legal Scholars Test Kavanaugh

Today, D.C. Circuit Court Judge and Supreme Court nominee Brett Kavanaugh begins his confirmation hearing before the Senate Judiciary Committee. Despite the disturbing lack of transparency around his service to the country during the George W. Bush administration, the show will go on. We asked CPR's Member Scholars and staff what they would ask Judge […]

Rena Steinzor | August 30, 2018

The Hill Op-Ed: Brett Kavanaugh’s Opportunistic Corner Cutting

This op-ed originally ran in The Hill. Tens of thousands of thoughtful — and not so thoughtful — words have been written about Supreme Court nominee Brett Kavanaugh’s substantive positions on issues the court will face. At least one question has not been addressed, however: Is Judge Brett Kavanaugh so ideological about certain topics that […]