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March 23, 2021 by James Goodwin, Sidney Shapiro

To Democratize Regulation, Reform Regulatory Analysis

This op-ed originally ran in The Regulatory Review. Reprinted with permission.

To paraphrase French economist Thomas Piketty, the task of evaluating new regulations is too important to leave to just economists. Yet, since the 1980s, White House-supervised regulatory impact analysis has privileged economic efficiency as the primary and often only legitimate objective of federal regulation. The regulatory reform initiative launched by President Joseph R. Biden on his first day in office creates an opportunity to reorient regulatory analysis in ways that both reformers and the public support.

Legal and policy experts object to hyper-technical regulatory analysis, and new public opinion polling indicates that voters agree.

Far from a monolithic concept, cost-benefit analysis encompasses a wide range of approaches and techniques, all with their own theoretical underpinnings and ethical commitments. Indeed, the current version of cost-benefit analysis is grounded in the conservative discipline of welfare economics and seeks to promote maximal economic growth through socially optimal regulatory decision-making. It reflects a distinct worldview that is inextricably intertwined with the subjective values and policy preferences that prevail among conservative economists.

Defenders of this form of cost-benefit analysis nevertheless argue that it is coterminous with common sense and that its detractors favor irrationality …

March 3, 2021 by Sidney Shapiro
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Amid the Sturm und Drang (storm and stress) of politics these days, one fact stands out — a large majority of Americans want more regulatory protection in a wide variety of areas, according to a recent poll of likely voters.

The results are consistent with previous polls that indicate that Americans understand the importance of government regulation in protecting them from financial and health risks beyond their control. They also indicate majority support for efforts by the Biden administration to renew government regulation — as well as a stark repudiation of former President Trump’s extreme anti-regulatory agenda.

The poll, conducted in January by Data for Progress and the Center for Progressive Reform, found that a majority of likely voters favor more regulation of drinking water pollution (74 percent); consumer product safety (71percent); privacy data (70 percent); air pollution (68 percent …

Dec. 21, 2020 by James Goodwin
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This was the year in which many of our worst fears about the Trump administration came to pass. Racial unrest reached a boiling point. The GOP’s attacks on our democracy leading up to and after the election will take decades to fix. And of course, tens of thousands of lives have been needlessly lost to an unprecedented pandemic.

It was an ugly year. Not surprisingly, most of 2020’s top regulatory policy stories were ugly too. In general, policy developments aligned against the goals of CPR’s new Policy for a Just America initiative: a sustainable future, a responsive government, and strong, effective protections for all people and the environment. The incoming Biden-Harris administration can put us back on the right track, but they have a lot of work ahead of them.

Here are the first five of this year’s 10 most significant developments affecting …

Dec. 21, 2020 by James Goodwin
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In my last post, I began counting down the top ten most significant developments affecting regulatory policy and public protections from the past year. This post completes the task. The good news is some of these developments offer some hope on realizing the goals of CPR’s Policy for a Just America initiative: a sustainable future, a responsive government, and strong, effective protections for all people and the environment. Others, however, suggest that the task of realizing those goals will be an arduous one.

  1. Environmental justice takes its rightful place as a top-tier issue. At the beginning of the year, environmental justice rose to unprecedented prominence thanks to advocacy efforts behind the Green New Deal and the introduction of major environmental justice legislation by Reps. Donald McEachin (Va.) and Raúl Grijalva (Ariz.). The issue took on greater urgency in May, after the alleged murder of George Floyd …

Aug. 12, 2020 by Sidney Shapiro
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This post was originally published by the Yale Journal on Regulation's Notice & Comment blog. Reprinted with permission.

In 1958, civil rights leaders, including Dr. Martin Luther King, Jr. and Andrew Young, met in New York with Reverend Everett Parker, who was the Director of the Office of Communications of the United Church of Christ. The Office was an advocacy arm of the church, whose members’ commitment to civil rights dated back to colonial times. The civil rights leaders sought the Office’s assistance because of their concern about the biased coverage of the civil rights movement by Southern television stations. After years of litigation, the meeting led to two decisions in the D.C. Circuit (United Church of Christ I & United Church of Christ II) that blocked efforts by the Federal Communications Commission (FCC) to relicense WLBT, a Jacksonville, Mississippi television station, which had …

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CPR HOMEPAGE
More on CPR's Work & Scholars.
March 23, 2021

To Democratize Regulation, Reform Regulatory Analysis

March 3, 2021

The Hill Op-ed: Attention, Lawmakers -- Regulation Is More Popular Than You Think

Dec. 21, 2020

Top Ten Regulatory Policy Stories of 2020 -- Part I

Dec. 21, 2020

Top Ten Regulatory Policy Stories of 2020 -- Part II

Aug. 12, 2020

Administrative Procedures and Racism