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Daniel Farber | July 2, 2018

The Chevron Doctrine: Is It Fading? Could That Help Restrain Trump?

Cross-posted from LegalPlanet. In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court's current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by […]

James Goodwin | June 28, 2018

Scott Pruitt Wants to Pick Winners and Losers by Cooking the Books at EPA

UPDATE (July 2, 2018): EPA has granted a one-month extension to its original comment period. Public comments on the advance notice of proposed rulemaking are now due on August 13. Soon after his confirmation, EPA Administrator Scott Pruitt quickly set out to take a "whack-a-mole" approach to advancing his anti-safeguard agenda, attacking particular rules designed […]

James Goodwin | June 21, 2018

At Small Business Hearing, CPR’s Ristino Will Connect the Dots between Strong Safeguards and Strong Small Farms

This morning, CPR Member Scholar and Vermont Law School Professor Laurie Ristino will testify at a hearing before the Subcommittee on Agriculture, Energy, and Trade of the House Small Business Committee. The majority's not-so-subtle objective for the hearing is to apply familiar conservative talking points against federal regulations to the specific context of small farms.  […]

Rena Steinzor, Wendy Wagner | June 19, 2018

Deconstructing Regulatory Science

The U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt recently opened another front in his battle to redirect the agency away from its mission to protect human health and the environment. This time, he cobbled together a proposed rule that would drastically change how science is considered during the regulatory process.
Opposition soon mobilized. In addition to the traditional forces of public interest groups and other private-sector watchdogs, the editors of the most prominent scientific journals in the country raised the alarm and nearly 1,000 scientists signed a letter opposing the proposal.

Daniel Farber | June 18, 2018

Agency U-Turns

Cross-posted from LegalPlanet. The Trump administration is doing its best to wipe out Obama's regulatory legacy. How will the courts respond to such a radical policy change? The philosophical clash between these last two presidents is especially stark, but this is far from being the first time that agencies have taken U-turns. This is the fifth […]

Lisa Heinzerling | June 14, 2018

Laying Down the Law on Rule Delays

Originally published on The Regulatory Review. Reprinted with permission. Since the Reagan administration, it has become commonplace for new presidential administrations, in one of their first official acts after inauguration, to freeze at least some pending regulatory actions of the prior administration. These freezes have been of varying breadth and have taken varying forms. The Trump […]

James Goodwin | June 4, 2018

Symposium on Regulatory Safeguards Features Warren, Frosh, Three CPR Scholars

Tuesday afternoon, three CPR Member Scholars – William Buzbee, Lisa Heinzerling, and Rena Steinzor – will be among the experts featured at a major symposium on the threats facing our system of regulatory safeguards. The symposium, The War on Regulation: Good for Corporations, Bad for the Public, was organized by the Coalition of Sensible Safeguards […]

Matthew Freeman | May 29, 2018

Shapiro Takes on Pruitt’s Pseudo-Transparency Rule

While most of the press EPA Administrator Scott Pruitt is getting these days has to do with his various over-spending scandals, his more lasting impact is likely to be his scorched-earth approach to environmental protections. In an op-ed in The Hill earlier this month, CPR’s Sid Shapiro highlighted one way Pruitt hopes to make an […]

James Goodwin | May 10, 2018

Senators’ Letter Brings Welcome Oversight to Troubled White House Office

Yesterday, six senators, led by Sen. Maggie Hassan of New Hampshire, criticized Trump administration "regulatory czar" Neomi Rao and her office for what appears to have been a slapdash review of a highly controversial Environmental Protection Agency (EPA) draft policy designed to stifle the agency's progress on advancing environmental and public health protections. Rao is […]