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James Goodwin | May 2, 2018

New Report: It’s Time to Repeal the Congressional Review Act

Over the last couple of weeks, conservatives in Congress have continued their assault on public safeguards using the once-obscure and once-dormant Congressional Review Act (CRA). If their latest adventure succeeds, it will be the 16th public protection that these members, working with in concert with President Donald Trump, have obliterated over the last year, laying […]

Daniel Farber | April 30, 2018

The Questionable Legal Basis of the EPA ‘Transparency’ Proposal

“They sat at the Agency and said, ‘What can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we’re going to do so anyway?'” When he said those words, Scott Pruitt was talking about the Obama administration. But it seems to be a pretty […]

Matthew Freeman | April 11, 2018

CPR’s 2018 Op-Eds, Part One

CPR’s Member Scholars and staff are off to a fast start on the op-ed front in 2018. We list them all on our op-ed page, but here’s a quick roundup of pieces they’ve placed so far. Member Scholar Alejandro Camacho joins his UC-Irvine colleague Michael Robinson-Dorn in a piece published by The Conversation. In “Turning power […]

Rena Steinzor | March 27, 2018

The Guidance Racket

Originally published on The Regulatory Review. Reprinted with permission. The spirited conservative attack on regulatory guidance is both puzzling and hypocritical. Admittedly, agencies sometimes issue guidance to avoid the quicksand of informal rulemaking. But the law makes clear that without full-dress procedure, guidance can never replace rules and statutes in enforcement actions. Remedying agency overreach in […]

James Goodwin | March 7, 2018

CPR’s Heinzerling to House Small Business Committee: Trump’s Assault on Safeguards Nothing to Celebrate

Later this morning, CPR Member Scholar and Georgetown Law Professor Lisa Heinzerling will testify before the House Small Business Committee at a hearing that appears to be aimed at reveling in the Trump administration’s assault on regulatory safeguards. In her testimony, Professor Heinzerling will explain why the celebratory mirth and merriment from the committee’s majority […]

James Goodwin | February 28, 2018

Trump White House: Safeguards Produce Huge Net Benefits; Also Trump White House: Repeal Them Anyway

Last week, the Trump administration released the annual Draft Report to Congress on the Benefits and Costs of Federal Regulations. As befitting this auspicious occasion, the administration pulled out all the stops: targeted op-eds from high-ranking administration officials; relevant operatives dispatched to the leading Sunday morning talk shows; and even a televised press conference with […]

Rena Steinzor | February 22, 2018

The Hill Op-ed: Justice Dept’s Enforcement Policies Make Change for the Worse

This op-ed originally ran in The Hill. Attorney General Jeff Sessions has wasted little time portraying himself as the prosecutor-in-chief of street — as opposed to white collar — crime, rejecting this month even a broadly bipartisan effort to reduce sentences for nonviolent crime supported by a coalition that spans the Koch brothers and the NAACP. […]

Matthew Freeman | January 31, 2018

What Creates the Cost, Mr. President?

During the State of the Union address last night, no one was surprised to hear President Trump brag about all the work his administration has done slashing regulatory safeguards for health, safety, the environment, and financial security. It’s clearly one of his proudest first-year accomplishments — making us all less safe and more vulnerable to […]

William Funk | January 30, 2018

Breaking the Law: Many Trump Regulatory Rollbacks and Delays Are Unlawful

Progressives have rightfully taken issue with the Trump administration’s policy goals, from immigration to the environment, from health care to worker safety. Given the president’s decidedly unprogressive stances, one should not be surprised at the policy reversals from the prior administration. One might be surprised, however, and dismayed as well, at the cavalier disregard that […]