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Jan. 7, 2021 by Darya Minovi, James Goodwin

Incoming Biden Administration Should Repeal Harmful EPA Censored Science Rule

In a last-ditch effort to further weaken the U.S. Environmental Protection Agency's (EPA) ability to protect public health, this week, the Trump administration published its final “censored science” rule. As stated in the Center for Progressive Reform’s comments on the draft rulemaking, this proposal unjustifiably limits the research that can be used in regulatory decision-making, giving more weight to studies where the underlying data is publicly available. These restrictions will apply to dose-response studies — which measure how much an increase in pollution exposure increases public health harms — and which often rely on medical and other private data.

Furthermore, in the final rule, EPA continues to make the baseless claim that the Federal Housekeeping Statute, an obscure law dating back to 1789, provides the agency the authority to issue this rule. It’s doubtful that this law even applies to EPA. Even if it does, it’s clear that the law does not authorize the agency to issue an extreme rule like this, which is intended to significantly undermine the ability of the public to meaningfully participate in the development of EPA rulemakings.

In the midst of a pandemic that has claimed more than 350,000 American lives and …

Jan. 4, 2021 by James Goodwin
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Thanks to the recent presidential election results, I’m able to do something I haven’t done in a long time: look at a new year with something resembling hope and optimism. As noted in my December 21 posts, the Trump administration wreaked havoc on our system of regulatory safeguards in 2020, as it did in previous years. The incoming Biden-Harris administration brings a strong mandate to undo the damage — and to go further by building a more just and people-centered government that can meet the pressing challenges America faces.

CPR recently launched Policy for a Just America with this opportunity in mind. This initiative aims to rebuild and reimagine government and offers detailed recommendations aimed at promoting a more robust and responsive regulatory system.

Will we seize the moment? Here are the first five of 10 storylines I’ll be following this year. Each could significantly …

Jan. 4, 2021 by James Goodwin
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In my previous post, I began my review of 10 key regulatory policy stories to watch out for as 2021 gets underway. In this piece, I wrap up that list and offer some closing thoughts.

  1. How will Congress oversee the Biden-Harris administration's regulatory actions? When Republicans regained control of the U.S. House in 2010, they wasted little time challenging the Obama administration's regulatory policies, regularly holding bombastic hearings for show and rolling out new bills meant to throttle the regulatory system. If Republicans win either or both Georgia runoffs for U.S. Senate tomorrow, they will retain control of the chamber and will likely borrow a page from this playbook. Whether the Biden-Harris administration vigorously defends its regulatory agenda or cowers like the Obama administration will determine how much progress it makes on its policy priorities. On the flipside, House Democrats have a crucial …

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 …

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 …

Nov. 18, 2020 by James Goodwin, Amy Sinden
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After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve.

The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.

Using the regulatory system as a policy tool is not easy under ideal circumstances, let alone during difficult times like these. For the last four years, the Trump administration has …

Oct. 29, 2020 by James Goodwin
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This week, I’m posting a new web article documenting the arbitrariness and subjectivity that cost-benefit analysis injects into regulatory decision-making, the latest installment in CPR’s Beyond 12866 initiative. Specifically, the piece explains how cost-benefit analysis deploys a wide variety of methodological techniques that can be clumsy, unscientific, ethically dubious, and, too often, downright absurd. As a result, the “information” that cost-benefit analysis generates is so lacking in credibility and rigor that it is arguably worse than useless. In many cases, agency decision-makers would be better off if the analysis had never been performed at all.

It is particularly important to understand the inescapable subjectivity and irrationality of cost-benefit analysis, since defenders of the methodology like to claim that it is necessary to ensure that objectivity and rationality guide regulatory decision-making. The web article offers several recent case studies unequivocally demonstrating how cost-benefit analysis consistently fails …

Oct. 19, 2020 by James Goodwin
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This post was originally published on the Union of Concerned Scientists' blog. Reprinted with permission.

For many of us, the prospect of a Supreme Court with Judge Amy Coney Barrett giving conservatives a solid 6-3 supermajority is nightmare fuel. The consequences extend beyond hot-button social issues, such as women's reproductive rights or individual access to affordable health care. If confirmed, Barrett would likely spur the aggressive pro-business agenda that the Court has pursued under the auspices of Chief Justice John Roberts.

A key item on that agenda is overturning something called Chevron deference, which some business groups have made a top priority in their broader campaign to bring about, as former White House Chief Strategist Steve Bannon put it, the "deconstruction of the administrative state." In other words, changing this key doctrine would undermine the ability of Executive branch agencies to regulate on a huge range …

Oct. 15, 2020 by James Goodwin
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Recently, the Center for Progressive Reform (CPR) launched its Beyond 12866 initiative, which seeks to promote progressive regulatory reform as a key component of the progressive movement’s efforts to build a more socially just and equitable America. To accomplish this goal, though, we must come to grips with how the regulatory system is perpetuating racial injustice and reinforcing race-based inequities. In a new web article, I take this first step by sketching out some of the ways in which cost-benefit analysis has contributed to structural racism in the broader regulatory system.

As the piece explains, regulatory cost-benefit analysis purports to adhere to a kind of “moral objectivity,” which precludes considerations of important American values like equity, justice, and fairness. Conveniently, this studied “see no evil” approach has rendered the methodology an effective conduit for injecting racism into regulatory decision-making – much as facile claims of “color blindness …

Oct. 1, 2020 by James Goodwin
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This is the second part of a two-post set. Read the first post here.

In yesterday's post, I discussed the essentially undemocratic ways that conservatives have come to the brink of a 6-3 majority on the Supreme Court and examined one significant implication for regulatory policy: the likely effect on the Court's view on Chevron deference. In this second post, I explore several other ways the Court could undermine the essential democratic character of the regulatory system.

Nondelegation. Progressives dodged a big bullet in 2019 when the Supreme Court handed down its decision in Gundy v. United States. In the case, conservatives sought to resuscitate a long-dormant doctrine known as nondelegation, which generally prohibits Congress from transferring its legislative authority to another branch, but again fell one vote short of doing so. Similar to Chevron deference, conservatives believe that the federal courts’ failure to enforce a more …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Jan. 7, 2021

Incoming Biden Administration Should Repeal Harmful EPA Censored Science Rule

Jan. 4, 2021

Top Ten Regulatory Policy Stories to Look Out for in 2021 -- Part I

Jan. 4, 2021

Top Ten Regulatory Policy Stories to Look Out for in 2021 -- Part II

Dec. 21, 2020

Top Ten Regulatory Policy Stories of 2020 -- Part II

Dec. 21, 2020

Top Ten Regulatory Policy Stories of 2020 -- Part I

Nov. 18, 2020

We Need to Uproot Roadblocks to Just, Equitable Safeguards. Here Are 10 Things the Biden-Harris Team Can Do to Make that Happen

Oct. 29, 2020

New Web Article Exposes the Pseudoscience of Cost-Benefit Analysis