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Amy Sinden | June 15, 2017

Chamber’s Brief Lays Bare Crackpot Theory at Heart of Two-for-One Order

I don’t know what executive order the Chamber of Commerce is defending in the amicus brief it filed Monday in Public Citizen v. Trump. But it doesn’t appear to be the one at issue in that lawsuit. The lawsuit charges that Trump’s “one-in, two-out” executive order is unconstitutional. That’s the order he issued in January […]

Robert Verchick | June 6, 2017

Questions Arise as Senate Prepares to Take Up Nomination for Key Trump Regulatory Post

Tomorrow, the Senate Committee on Homeland Security and Governmental Affairs will examine and likely vote on President’s Trump’s selection for Administrator of the Office of Information and Regulatory Affairs (OIRA). OIRA is the most important government office most Americans have never heard of. It is the depot through which all regulatory freight must pass, the […]

James Goodwin | June 1, 2017

The Congressional Review Act Is No Solution

This post was originally published on The Regulatory Review. Over the last several years, conservative opponents of regulatory safeguards for health, safety, the environment, consumers, and the economy have gradually coalesced around a grand theory for why the supposed balance of policymaking powers between the executive and legislative branches has become so, well, unbalanced. These opponents’ […]

James Goodwin | May 25, 2017

New Amicus Supports Challenge to Trump’s ‘Two-for-One’ Order

Yesterday, ten distinguished law professors, all of them CPR Member Scholars writing in their individual capacities, filed an amicus brief in support of a lawsuit brought by Public Citizen, the Natural Resources Defense Council (NRDC), and the Communication Workers of America challenging as illegal and unconstitutional the Trump administration’s Executive Order 13771. The order requires agencies […]

William Funk | May 22, 2017

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

Originally published on The Regulatory Review by CPR Member Scholar William Funk. Professor Kent Barnett recently opined in The Regulatory Review that formal rulemaking really is not that bad and may actually be a good thing in certain circumstances. His argument deserves closer review because the proposed Regulatory Accountability Act (RAA) would require the equivalent of formal […]

James Goodwin | May 16, 2017

Ahead of Markup, CPR Member Scholars Voice Concerns over the Senate Regulatory Accountability Act

Today, 27 Member Scholars of the Center for Progressive Reform, leading academics who specialize in administrative law and regulatory policy, submitted a letter to Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson and Ranking Member Claire McCaskill outlining their serious concerns with the Senate Regulatory Accountability Act. That bill is among several aimed […]

Matthew Freeman | May 15, 2017

CPR Scholars’ Recent Op-Eds

CPR Member Scholars continue to make their voices heard on the nation’s opinion pages. You can always review the latest and greatest pieces on our op-eds page, but here’s a roundup from the last few weeks to save you a couple clicks. Two CPR Member Scholars had pieces in The American Prospect in mid-April. Tom […]

James Goodwin | May 2, 2017

Anything but Moderate: The Senate Regulatory Accountability Act of 2017

Today, Center for Progressive Reform Member Scholars and staff are releasing a comprehensive analysis of the Senate Regulatory Accountability of 2017 (S. 951), which Sens. Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced last week. Our analysis explains how S. 951 would drastically overhaul the Administrative Procedure Act, which has successfully guided agency enforcement of […]

James Goodwin | April 25, 2017

New CPR Project – CRA by the Numbers: The Congressional Review Act Assault on Our Safeguards

If Donald Trump has learned anything over the last 100 days, it’s that unlike in golf, you can’t call a Mulligan on the beginning of your presidency, no matter how much it might improve your score.  These last few months have been long on scandals and failure (Russian probes, the spectacular implosion of Trumpcare, etc.) […]