In the 115th Congress, the GOP majority’s push to dismantle safeguards for health, safety and the environment, no tool has been more useful than the once-obscure Congressional Review Act (CRA). The law allows for the repeal of duly enacted regulatory safeguards using procedures that bypass meaningful deliberation and scrutiny – skipping committee consideration and sidestepping the Senate’s 60-vote cloture requirement.
Joint Letter to EPA Administrator Andrew Wheeler re Regulatory Science Proposal. CPR joins in comments from 77 organizations calling on Wheeler to withdraw a proposal from his predecessor, Scott Pruitt, that would distort the science used in the agency's rulemaking, August 15, 2018.
Joint Letter to EPA Administrator Andrew Wheeler re Cost-Benefit Analysis Proposal from CPR Member Scholars. Nineteen CPR Member Scholars joined in comments calling on Wheeler to withdraw an Advance Notice of Public Rulemaking on cost-benefit analysis. August 13, 2018.
Emily Hammond's April 12, 2018 testimony to the U.S. House of Representatives Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law on two House bills that would rig judicial review of environmental permits to favor industry at the expense of the public interest.
Lisa Heinzerling's March 7, 2018, testimony to the U.S. House of Representatives Committee on Small Business on the impact of the President's ongoing rollback of regulatory safeguards.
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.
Trump's New 'Regulatory Czar': Poised to Lead the Assault on Our Safeguards, CPR Paper 1701. The report by CPR Member Scholars Thomas McGarity, Amy Sinden, Rena Steinzor, and Robert Verchick, and CPR Senior Policy Analyst James Goodwin, examines Neomi Rao’s background and concludes the her modest record of “scholarship and other public statements reflect a deep distrust of federal agencies and their role as policymaking institutions within our constitutional system of government.”
The July 3, 2017, decision by the D.C. Circuit Court of Appeals in Clean Air Council v. Pruitt renewed interest in the many rules that the Trump administration has delayed. In response, CPR Member Scholar Rena Steinzor and University of Maryland law student Elise Desiderio prepared a chart listing and describing every rule for which a Federal Register notice was published announcing a delay in either the effective date or the compliance date or both. The delays listed involve postponements beyond July 14, 2017. The list covers the period from January 20, 2017 to July 14, 2017.
Rena Steinzor's April 30, 2009, testimony before the House Science and Technology Committee's Subcommittee on Investigations and Oversight on clean science and regulatory issues.
Sidney Shapiro's July 20, 2005, testimony before the Subcommittee on Regulatory Affairs of the House Government Reform Committee on the Information Quality Act.
Is Cost-Benefit Analysis Neutral? An Analysis of the Bush Administration's Approach to Environmental, Health, and Safety Protection, by David M. Driesen, White Paper 507, June 2005.
Sidney Shapiro's April 2, 2008, testimony before the Subcommittee on Information Policy, Census and National Archives of the U.S. House Committee on Oversight and Government Reform, on the Federal Advisory Committee Act of 2008.
Regulatory Underkill: The Bush Administration's Insidious Dismantling of Public Health and Environmental Protections, by William W. Buzbee, Robert L. Glicksman, Sidney A. Shapiro and Karen Sokol. White Paper 503, February 2005.
Regulatory Underkill: The Bush Administration's Insidious Dismantling of Public Health and Environmental Protections, by William Buzbee, Robert Glicksman, Sidney Shapiro, and Karen Sokol. White Paper 406, October 2004.
Robert R.M. Verchick's February 25, 2004, testimony to the Subcommittee on Energy Policy, Natural Resources and Regulatory Affairs on OMB's 2004 Draft report to Congress on the costs and benefits of regulation
A New Progressive Agenda for Public Health and the Environment, a project of the Center for Progressive Regulation. A brief summary of policy recommendations from CPR's A New Progressive Agenda for Public Health and the Environment. White Paper 501, January 2005.
Sidney Shapiro's April 12, 2005, testimony on OMB's regulatory 'hit list' before the House Subcommittee on Regulatory Affairs of the Committee on Government Reform.
Protecting Public Health and the Environment by the Stroke of a Presidential Pen: Seven Executive Orders for the President's First 100 Days, By CPR Member Scholars Rebecca M. Bratspies, David M. Driesen, Robert L. Fischman, Sheila Foster, Eileen Gauna, Robert L. Glicksman, Alexandra B. Klass, Catherine A. O’Neill, Sidney Shapiro, Amy Sinden, Rena Steinzor, Robert R.M. Verchick, and Wendy Wagner, and CPR Policy Analyst James Goodwin
Letter from several CPR Member Scholars to White House Counsel re three ongoing violations of presidential executive orders by the White House Office of Information and Regulatory Affairs: 1) continuing review of agency guidance documents; 2) exceeding deadlines for completing reviews; 3) failing to disclose "before and after" documents allowing public scrutiny of OIRA revisions to rules
Sidney Shapiro's August 3, 2010, testimony on agency capture, before the Senate Judiciary Committee's subcommittee on Administrative Oversight and the Courts. News release.
Setting the Record Straight: The Crain and Crain Report on Regulatory Costs, CPR White Paper 1103, by CPR Member Scholar Sidney Shapiro, National Labor College Professor Ruth Ruttenberg, and CPR Policy Analyst James Goodwin, February 2011.
John Echeverria's April 12, 2011, testimony on a proposal to restrict state use of eminent domain, before the House Judiciary Committee's Subcommittee on the Constitution
Letter to the Administrative Conference of the United States on science in the administrative process. "In particular, we are interested in the recommendations related to the role of the White House Office of Information and Regulatory Affairs [and its] ...failure to follow the transparency requirements of Executive Order 12,866 and its interference in matters that involve expert scientific judgment.
Robert Glicksman's February 28, 2013, testimony before the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial, and Antitrust Law, on regulatory policy and Congressional bills affecting it.
Rena Steinzor's March 14, 2013, testimony before the House Committee on Small Business, Subcommittee on Investigations, Oversight and Regulations, about the SBA Office of Advocacy's role in regulation.
Letter to the Administrative Conference of the United States urging it to ensure greater balance in its continuing work on International Regulatory Cooperation. "In general, ACUS has elevated business and trade concerns over health, safety, and environmental protections throughout its research project on IRC...."
In 2014, the Center for Progressive Reform issued a report identifying 13 key regulatory actions that the Obama administration should be certain to finish before June of 2016, in order to ensure that the rules would 1) make it out of the regulatory pipeline during Obama's tenure, and 2) be finalized in time to be safe from repeal by the successor administration. In 2016, CPR followed up to see whether the Obama administration had adopted the necessary sense of urgency. (Read the online version of this report for the 2016 updates.)
Letter from Robert Verchick and James Goodwin to the House Judiciary Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law re the Office of Information and Regulatory Affairs
Letter from Robert Verchick and James Goodwin to Senate Homeland Security Subcommittee on Regulatory Affairs and Federal Management re the Office of Information and Regulatory Affairs
Federal White Collar Crime: Six Case Studies Drawn from Ongoing Prosecutions to Protect Public Health, Worker and Consumer Safety, and the Environment, CPR Issue Alert 1507, by Rena Steinzor, November 2015.
Robert Verchick, Thomas McGarity, Sidney Shapiro, and Richard Murphy January 5, 2016 letter to Speaker Ryan and Minority Leader Pelosi, re the Sunshine for Regulations Act of 2016.
Several CPR Member Scholars' June 8, 2016 letter to the House Judiciary Committee Chair and Ranking Member re judicial review and the Administrative Procedures Act.
William Buzbee's November 3, 2015 testimony before the U.S. House Judiciary Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law on regulatory reform.
David Driesen's July 6, 2016, testimony before the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law re OIRA's role and cost-benefit analysis.
Joint letter from 27 CPR Member Scholars, May 15, 2017, letter to Sens. Ron Johnson (Chair of the Senate Homeland Security Committee) and Claire McCaskill (Ranking Member) re the Regulatory Accountability Act, S. 951.
Joint CPR Member Scholar letter to House Judiciary Committee Chair Goodlatte and Ranking Member Conyers re the “No Regulation Without Representation Act of 2017,” which "unconstitutionally ejects states from their role in the federal system."
James Goodwin's October 24, 2017, testimony to the U.S. House Committee on Oversight and Government Reform on the Trump administration's assault on our safeguards.