Reports & Papers

CPR White Papers and Issue Alerts offer timely and thoughtful analysis on current policy issues, spanning the full range of environmental, health, safety and regulatory issues.

Restoring Scientific Integrity to the Regulatory System Means Overhauling Cost-Benefit

In his latest article on the need for regulatory reform, James Goodwin writes that overhauling cost-benefit analysis is crucial to restoring scientific integrity. He writes, "blind-to-reality calculations are sadly commonplace in the practice of the unique form of cost-benefit analysis that now dominates in the U.S. regulatory system. Defenders of the approach claim that it makes regulatory decision-making more 'rational' and insulates the process against improper political or subjective considerations. Yet ... the methodological techniques this form of cost-benefit analysis uses can be arbitrary, unscientific, ethically dubious, and at times even absurd."

Type: Reports (Oct. 28, 2020)
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Author(s): James Goodwin
Tainted Tap: Nitrate Pollution, Factory Farms, and Drinking Water in Maryland and Beyond

CPR's close look at nitrate pollution in drinking water on Maryland's Eastern Shore raises serious safety concerns. According to county data in the region, tens of thousands of residents are drinking water with elevated nitrate levels, almost certainly due to animal waste from concentrated animal feeding operations (CAFOs) nearby. Moreover, the state's lax requirements for well water testing makes it impossible to know just how widespread the problem is.

Type: Reports (Oct. 21, 2020)
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Author(s): Katlyn Schmitt, Darya Minovi
Climate, Energy, Justice: The Policy Path to a Just Transition for an Energy-Hungry America

With the nation approaching a pivotal election, 19 CPR Member Scholars contributed to a series of white papers proposing policy solutions for a just transition from carbon-based energy to renewables, with a particular focus on the environmental justice implications.

Type: Reports (Oct. 14, 2020)
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Author(s): Shalanda H. Baker, William Buzbee, Alejandro Camacho, Daniel Farber, Robert Fischman, Victor Flatt, Robert Glicksman, Alice Kaswan, Alexandra Klass, Christine Klein, Sarah Krakoff, Joel Mintz, Uma Outka, Dave Owen, Dan Rohlf, Karen Sokol, Joseph Tomain, Hannah Wiseman, Sandra Zellmer
Cost-Benefit Analysis Is Racist

In this web article, James Goodwin describes the ways that cost-benefit analysis as used in the regulatory process perpetuates racial injustice and reinforces race-based inequities.

Type: Reports (Oct. 9, 2020)
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Author(s): James Goodwin
Justice Ruth Bader Ginsburg: Reflections and Remembrances

CPR's Member Scholars and staff reflect on the life and work of Supreme Court Justice Ruth Bader Ginsburg.

Type: Reports (Oct. 2, 2020)
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Beyond 12866: A Progressive Plan for Reforming the Regulatory System

Rebuilding our regulatory system is a key though often overlooked imperative for the broader progressive movement as it works to achieve its vision of a more equitable and just society. The rebuilding will ultimately require legislation, but considerable progress can be achieved through unilateral actions by the president, including executive orders. Building on its previous work to advance the cause of progressive regulatory reform, CPR is compiling on this page resources and materials that should inform the development of new executive orders for progressive regulation that would replace Executive Order 12866 and any subsequent executive orders and memoranda built on its framework.

Type: Reports (Aug. 21, 2020)
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Author(s): James Goodwin
The Progressive Case Against Cost-Benefit Analysis

In James Goodwin's article on the workings of cost-benefit analysis, he writes, "In cost-benefit analysis, small government ideologues and corporate interests have fashioned a powerful weapon for attacking regulatory safeguards and undercutting landmark laws. Much of that power derives from the elaborate mythology that its proponents have woven around the methodology over the course of the past four decades.... For its supporters, the real genius of the cost-benefit analysis myth is that it distracts from the fact that the methodology is in fact neither neutral nor objective."

Type: Reports (Aug. 20, 2020)
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Author(s): James Goodwin
The Progressive Case Against OIRA

The White House Office of Information and Regulatory Affairs may be the most important group of bureaucrats many Americans have never heard of. But CPR's Member Scholars and staff keep careful watch on the office of the so-called "regulatory czar." Over the years, the office has come to play an increasingly destructive role in the regulatory process, weakening, gutting, and killing rules designed to protect health, safety and the environment. In this web article, James Goodwin lays out the case for a radical overhaul of OIRA's mission and methods.

Type: Reports (Aug. 6, 2020)
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Author(s): James Goodwin
OSHA's Next 50 Years: Legislating a Private Right of Action to Empower Workers

The nation's workplaces are not nearly as safe or healthy as they need to be to protect all workers, and workers lack the power they deserve to speak up against exploitation without fear of significant retaliation. Fixing the current system requires an updated and vastly improved labor law that empowers workers to speak up about health and safety hazards, rather than risk their lives out of fear of losing employment and pay. It also requires that workers be empowered to fight back when government agencies fail to enforce safety and health requirements. The authors propose guaranteeing all workers a private right of action to enforce violations of the law, coupled with incentives for speaking up and strong whistleblower protections.

Type: Reports (July 29, 2020)
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Author(s): Michael C. Duff, Thomas McGarity, Sidney Shapiro, Rena Steinzor, Katie Tracy
EPA Clean Air Act ‘Benefits-Busting’ Rule: Topline Analysis

With the calendar running out of pages on Donald Trump's first term, EPA is pushing hard to adopt its "benefits-busting" rule, hoping to defeat efforts to implement the Clear Air Act's protections by tilting the cost-benefit analysis process ever more to industry's favor. James Goodwin offers an analysis of the effort.

Type: Reports (July 22, 2020)
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Author(s): James Goodwin

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