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James Goodwin | December 17, 2019

Webinar Recap: Achieving Social Justice through Better Regulations

Last week, my CPR colleagues and I were honored to be joined by dozens of fellow advocates and member of the press for a webinar that explored the recent CPR report, Regulation as Social Justice: A Crowdsourced Blueprint for Building a Progressive Regulatory System. Drawing on the ideas of more than 60 progressive advocates, this report provides a comprehensive, action-oriented agenda for building a progressive regulatory system. The webinar provided us with an opportunity to continue exploring these ideas, including the unique potential of the regulatory system as an institutional means for promoting a more just and equitable society.

Daniel Farber | November 25, 2019

Low-Hanging Fruit

Originally published on Legal Planet. Reprinted with permission. The idea of low-hanging fruit is ubiquitous in environmental policy – sometimes in the form of a simple metaphor, other times expressed in more sophisticated terms as an assumption of rising marginal costs of pollution reduction. It's an arresting metaphor, and one that can often be illuminating. But […]

James Goodwin | November 22, 2019

The EPA’s ‘Censored Science’ Rule Isn’t Just Bad Policy, It’s Also Illegal

This post was originally published on the Union of Concerned Scientists' blog. Reprinted with permission. The Environmental Protection Agency (EPA) appears poised to take the next step in advancing its dangerous "censored science" rulemaking with the pending release of a supplemental proposal. The EPA presumably intends for this action to respond to criticism of the […]

Sean B. Hecht | November 21, 2019

EPA’s Draft Update to Its ‘Science Transparency Rule’ Shows It Can’t Justify the Rule

Originally published on Legal Planet. Reprinted with permission. Over a year ago, EPA issued a proposed rule, ostensibly to promote transparency in the use of science to inform regulation. The proposal, which mirrors failed legislation introduced multiple times in the House, has the potential to dramatically restrict EPA's ability to rely on key scientific studies […]

Alejandro Camacho, Robert L. Glicksman | October 22, 2019

How to Improve Allocations of Regulatory Authority

Originally published on The Regulatory Review. Reprinted with permission. Ever since Ronald Reagan declared government to be the problem rather than the solution, the federal bureaucracy has been the target of criticism from right-leaning think tanks, regulatory skeptics in academia, and politicians of all political persuasions. Lately, members of the federal judiciary have visibly joined […]

James Goodwin | October 10, 2019

The Trump Administration’s New Anti-Safeguard Executive Orders on Guidance, Explicated

Last week, President Trump unleashed the latest volley in his administration's efforts to bring about the "deconstruction of the administrative state" with the signing of two new executive orders relating to agency issuance and use of "guidance documents." The first purports to ensure "improved agency guidance," while the second claims to promote "transparency and fairness" […]

Alejandro Camacho, Robert L. Glicksman | October 4, 2019

Trump’s Decision to Hamstring California’s Climate Authority Is Illogical and Uninformed

Originally published in The Revelator. Reprinted under Creative Commons license CC BY-NC-ND 3.0. For five decades California and the federal government have worked together in an innovative exercise in federalism aimed at achieving cleaner air. California has played an important role in controlling greenhouse gas emissions that contribute to climate change, particularly from motor vehicles. […]

James Goodwin | September 23, 2019

New Report: How to Build a Regulatory System for a More Just and Equitable America

Last week's televised climate town hall saw several Democratic presidential candidates outline an impressive array of policies that, if implemented effectively, offer some measure of hope for averting the worst consequences of the climate crisis for us and future generations. The operative concept there – lurking in the background and too often taken for granted […]

Amy Sinden | September 16, 2019

Overshoot: Trump’s Deregulatory Zeal Goes Beyond Even Where Industry Asks Him to Go

Originally published in The Revelator. Reprinted under Creative Commons license CC BY-NC-ND 3.0. The Trump EPA last month proposed a new plan to remove oil and gas developers’ responsibility for detecting and fixing methane leaks in their wells, pipelines and storage operations. This proposal to axe the Obama-era methane rule is notable for two reasons. […]