CPR Archive for James Goodwin

Trump to America's Most Vulnerable Communities: You're on Your Own

by James Goodwin | September 28, 2017

UPDATE: President Trump is no longer scheduled to speak on deregulation on October 2, but the planned deregulatory "summit" with various cabinet-level agencies is still slated to occur.

Government-sanctioned cruelty makes for shocking images, as the events of the past few weeks demonstrate. People in wheelchairs forcibly dragged from congressional hearing rooms for protesting legislative attempts to strip them of access to affordable health care. The uncertainty on the faces of Puerto Rican parents as they survey the damage to their homes in the wake of Hurricane Maria and wonder when – or if – officials in Washington will come to the aid of their families and those of their fellow citizens. 

In a White House speech scheduled for Monday, October 2, President Trump will affirm in no uncertain terms that his administration does not merely tolerate such brazen indifference to our country's most vulnerable members but intends to make cruelty its official policy going forward. 

The purported subject of Trump's speech is his administration's deregulatory agenda, or to put it more accurately, his administration's assault on the regulatory safeguards that, among other things, keep our food and drinking water safe from contamination, our air and water free of harmful pollutants, and our finances secure against corporate cheats and fraudsters. (It's unsurprising that Trump wants to pivot to a policy issue well within his control – our federal regulatory system – following the spectacular failure of his efforts ...

At House Judiciary Hearing, CPR's Steinzor to Call for Repeal of Congressional Review Act

by James Goodwin | September 27, 2017
Tomorrow, CPR Member Scholar Rena Steinzor is scheduled to appear before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee to testify at a hearing focused on the Congressional Review Act (CRA). The CRA is a controversial law that has been aggressively used this past year by the majority in Congress and the Trump administration to repeal 14 regulatory safeguards that would have protected consumers, workers, and our environment. In her testimony, Steinzor makes the ...

Benefits Lost: The Blueprint for the Trump Administration's Assault on Our Safeguards

by James Goodwin | July 20, 2017
Early this morning, the Trump administration released its Spring 2017 Regulatory Agenda, which outlines the regulatory and deregulatory actions the administration expects to take over the next 12 months. Because it is the first of the Trump administration, this document is particularly significant. By comparing it with the last Regulatory Agenda of the Obama administration, which was released in fall of 2016, we are able to see what pending regulatory actions the Trump administration has abandoned or delayed. Only a ...

Trump's 'Small Business' Office Solicits Update for Anti-Safeguards Propaganda

by James Goodwin | July 06, 2017
Late last Thursday, the Small Business Administration's (SBA) Office of Advocacy announced that it was soliciting proposals for "small business research" projects. The solicitation – and particularly the category of topics that the SBA Office of Advocacy has selected for potential research projects – offers one of the first clues on how this obscure but powerful office is likely to operate under the Trump administration.  The SBA Office of Advocacy is a small and unusual office within the federal government ...

The Most Important Revolving Door You've Never Heard Of

by James Goodwin | June 29, 2017
Earlier this week, Axios and Greenwire ($) reported that international oil behemoth BP is bringing on a new lobbyist to work on "[r]egulatory reform advocacy related to Federal energy and environmental rules," as described in the required lobbying disclosure statement. That in itself is hardly news. What makes this story remarkable is who the lobbyist is, or in this case, was. Nathan Frey, who appears to be the only partner with the lobbying firm Regulatory Strategies and Solutions Group, used ...

New Report: With Assault on Safeguards, Trump Trounces Constitution, U.S. History

by James Goodwin | June 21, 2017
Today, Neomi Rao is likely to take one step closer to becoming the Administrator of the Office of Information and Regulatory Affairs (OIRA) – that is, the Trump administration's "regulatory czar" – with the Senate Homeland Security and Governmental Affairs Committee expected to favorably report her nomination to the Senate floor for a final confirmation vote.  As detailed in an April 2017 CPR report on her nomination, Rao would arrive at her new position with little substantive expertise related to ...

The Congressional Review Act Is No Solution

by James Goodwin | June 01, 2017
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’ theory goes something like this: Congress faces strong incentives to delegate too much substantive policymaking authority to federal agencies because delegation creates a political “win-win.” By passing statutes with ...

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

by James Goodwin | May 25, 2017
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 to identify at least two existing rules to repeal for every new one they seek to issue and to ensure that the money companies would ...

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

by James Goodwin | May 16, 2017
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 at undermining our system of regulatory safeguards that are set to be marked up by the committee at its business meeting on Wednesday. Others set ...

Anything but Moderate: The Senate Regulatory Accountability Act of 2017

by James Goodwin | May 02, 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 public safeguards for over 70 years. A summary of the key findings of the analysis is also available.  The bill is the latest legislation to ...

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

by James Goodwin | April 25, 2017
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.) and short on policy accomplishments, particularly in the legislative realm. This sad state of affairs has left Trump's PR team looking to inject some positive ...

New Report: Trump's New 'Regulatory Czar' and the Continuing Assault on Our Safeguards

by James Goodwin | April 20, 2017
As the clock ticked closer to the end of the work day a few Fridays back, the Trump administration quietly made an announcement certain to put smiles on the faces of many corporate interest lobbyists in and around the DC Beltway: Neomi Rao, a little known but very conservative law professor at George Mason University's Scalia Law School, would be the nominee for Administrator of the White House Office of Information and Regulatory Affairs (OIRA). The announcement probably went unnoticed ...

The Key Ingredient in Trump's Anti-Reg Two-for-One Executive Order? Fuzzy Math

by James Goodwin | April 12, 2017
Steve Bannon's crusade to deconstruct the administrative state took two big steps forward last week, concluding with Donald Trump nominating George Mason University Law School professor Neomi Rao as his "regulatory czar." CPR will publish a new report on the role of the Office of Information and Regulatory Affairs (OIRA) Administrator during the Trump administration in the days to come, but for now, I want to focus on the first big development: Acting Administrator Dominic Mancini's new memo providing agencies ...

Recent Trump Anti-Reg Order Could Breathe New Life into Dangerous Old Law

by James Goodwin | March 03, 2017
The first rule of reading anti-regulatory bills, executive orders, and other policy prescriptions is: Sweat the hyper-technical, anodyne-sounding stuff. And President Donald Trump's February 24 executive order on "Enforcing the Regulatory Reform Agenda" demonstrates why this rule exists.  One of the order's provisions – which no doubt caused glaze to form over many an eye – read: "[E]ach Regulatory Reform Task Force shall attempt to identify regulations that . . . are inconsistent with the requirements of section 515 of ...

New CPR Report: Protecting the Rights of Victims of Defective Aircraft

by James Goodwin | November 30, 2016
Many Americans would likely be shocked to learn how lax government oversight of the manufacture and design of aircraft, such as airplanes and helicopters, has become. After all, any list of those areas of the economy that would seem to cry out for strict regulation would have to include aircraft production and maintenance, considering that when aircraft are defective or contain defective parts, the consequences are almost inevitably catastrophic and tragic.  Yet, in a 2004 audit, Congress' nonpartisan Government Accountability ...

Racism, Cost-Benefit Analysis, and Trump Advisor Steve Bannon

by James Goodwin | November 29, 2016
What does Steve Bannon – who, despite his well-documented racism, anti-Semitism, and misogyny, was appointed as president-elect Trump's senior counselor and White House strategist – have to do with a rarified and wonky policy exercise such as regulatory cost-benefit analysis? Unfortunately, a lot, as it turns out.  From a serious policy perspective, the Trump administration's approach to governance remains terra incognita, and this is especially the case with its approach to implementing laws through regulations. So far, Trump has signaled ...

It's Time to Give Customers of Financial Services and Products Their Day in Court

by James Goodwin | October 10, 2016
Originally published by the Oxford Business Law Blog. Reprinted with permission. Forced arbitration clauses are now almost impossible to avoid in consumer contracts for financial services and products ranging from credit cards to private student loans. Despite their ubiquity, most consumers aren't even aware of them. This is because companies frequently bury them deep in the lengthy fine print of their contracts, which they then offer to consumers on a 'take it or leave it' basis. Forced arbitration clauses warrant ...

House Passes Bill to Silence Agency Experts and Frustrate Public Participation in the Regulatory Process

by James Goodwin | September 15, 2016
Last night, the House of Representatives, in an almost completely party-line vote, passed the Regulatory Integrity Act (H.R. 5226), a bill that would prohibit the U.S. Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and other agencies from engaging the public on their pending efforts to address climate change, prevent foodborne illness, and otherwise act in the public interest. Center for Progressive Reform Senior Policy Analyst James Goodwin offered the following reaction to the bill's passage:  Poll after poll ...

Also from James Goodwin

James Goodwin, J.D., M.P.P., is a Senior Policy Analyst with the Center for Progressive Reform. He joined CPR in May of 2008.

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