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Jan. 4, 2021 by James Goodwin

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

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 opportunity to hold the Biden-Harris administration accountable for promoting the public interest through regulation. This would be a departure for congressional Democrats, who, in recent decades have been reluctant to criticize presidents of their party.

  2. Will the pandemic have lasting effects on public views of government and regulation? It's often hard for …

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 …

Dec. 8, 2020 by Laurie Ristino
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Editor’s note: This post is part of the Center for Progressive Reform’s Policy for a Just America initiative. Learn more on CPR's website.

At long last, we’ve reached “safe harbor” day, when states must resolve election-related disputes. Under federal law, Congress must count votes from states that meet today’s deadline. Donald Trump is essentially out of time to steal a second term; our democracy, it appears, will survive, at least for now.

Like many of you, I’ve been thinking a lot about the election — and what Trump’s relentless efforts to undermine it mean for our country. I’ve been thinking about the last one, too, when Trump took the helm of our country after a campaign of lies and hate — even though he received nearly 3 million fewer votes than his opponent.

I’ve been reflecting on other moments when our …

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 …

Sept. 25, 2020 by Robert Verchick
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Grappling with a contentious dispute over cross-state air pollution, Justice Ruth Bader Ginsburg, writing for the majority in Environmental Protection Agency v. EME Homer City Generation, first consulted the King James Bible. “‘The wind bloweth where it listeth, and thou hearest the sound thereof, but canst not tell whence it cometh, and whither it goeth,’ she wrote, “In crafting a solution to the problem of interstate air pollution, regulators must account for the vagaries of the wind.”

It was 2014, and at stake was a complicated, science-driven plan crafted by the EPA to limit air pollution that wafts from one state to endanger communities in another. The plan, which budgeted air emissions in certain states, promised to save thousands of lives and bring cleaner air to poor and minority neighborhoods. But in so doing, it would force several aging coal plants to close. Industry cried foul, saying …

Sept. 24, 2020 by James Goodwin
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An underappreciated side effect of the modern conservative movement now epitomized by Trumpism is its dogged pursuit of any legal argument to support “the cause,” no matter how ridiculous or specious. Long-settled questions like nondelegation and the constitutionality of independent regulatory agencies are suddenly, if bizarrely, up for grabs again. Add to this list a new line of argument – now germinating like a mushroom spore in horse manure – that posits that citizen suit provisions, such as those included in the Clean Air Act and Clean Water Act, are unconstitutional infringements upon the so-called unitary executive.

Earlier this month CPR Member Scholar Joel Mintz demolished this argument in a pair of posts published here. In this post, I want to move the ball forward and argue that citizen suits offer an essential opportunity for public engagement in regulatory implementation and thus should be extended universally across the entire …

Sept. 16, 2020 by Rena Steinzor
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This op-ed was originally published in The Regulatory Review. Reprinted with permission.

"I'm not convinced it's real. I think it's nothing more than the flu. If I die from the virus, it was just meant to be," Thomas Seale, an attendee at the Sturgis Motorcycle rally, reportedly said of COVID-19.

An estimated 460,000 people who love motorcycle culture and the company of like-minded people attended the huge rally in Sturgis, South Dakota, population 7,000, for 10 days in August 2020. They rode around, had races, attended bike shows and concerts, and drank beer. Face masks were rare.

People told New York Times reporter Mark Walker about the core importance of the event: they met their spouses at earlier rallies, referred to their fellow participants as family, or had attended the rally for decades. When asked about the pandemic, the attendees explained they were not …

Aug. 20, 2020 by James Goodwin
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The Congressional Review Act (CRA) is a bad law and should be repealed. Yet, it has taken on outsized importance given that it provides one of the few vehicles for moving substantive legislation through a hyper-polarized Congress. The upcoming elections are thrusting it back in the spotlight, so let’s talk about the CRA and how opponents of the Trump administration’s assault on public safeguards might put it to its highest and best use.

First things first, though: The CRA only becomes viable if the Democrats sweep the presidential election and secure majorities in both chambers of Congress. Some polling suggests that the stars appear to be aligning in this fashion, just as they did at the beginning of the Trump administration when the full aggressive force of the CRA was first deployed. If this happens, that means any rules issued “late enough” in the Trump …

Aug. 3, 2020 by Matt Shudtz
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The nation is finally beginning to grapple with the widespread disparities in public health, economic opportunity, and community well-being across race and class that stem from longstanding systems of oppression and injustice. As systems thinkers, CPR's Board, staff, and Member Scholars have devoted considerable time to researching and understanding the roots of these inequities, considering the disproportionate impacts on frontline communities, and advocating for just policy reform.

Our Regulation as Social Justice project is an example. It recognizes that EPA, OSHA, and other "protector agencies" have a vital role to play in preventing harm to people and the environment through their statutory authority to adopt and enforce regulations. As they exercise that authority, agencies also have the capacity, indeed the moral obligation, to redress environmental and public health injustices by prioritizing the needs of overburdened communities in the development of their regulatory agenda and enforcement policies.

In …

July 28, 2020 by James Goodwin
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Today, a group of 136 law professors from across the United States, including 31 Center for Progressive Reform (CPR) Member Scholars, will send a letter to congressional leaders urging them to “ensure that our courthouse doors remain open to all Americans for injuries they suffer from negligence during the COVID-19 pandemic.”

The letter, spearheaded by CPR Member Scholars Dan Farber and Michael Duff, comes in response to a push by the U.S. Chamber of Commerce and other corporate special interests to include a “federal liability shield” in the next COVID relief bill, which is now being negotiated in Congress. This shield would prevent ordinary Americans from holding corporations accountable in the civil courts when their unreasonably dangerous actions cause people to become sick with the virus.

As the letter explains, the federal liability shield would violate clear principles of federalism by intruding upon the traditional rights …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Jan. 4, 2021

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

Jan. 4, 2021

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

Dec. 8, 2020

Democracy Is Fragile. Help Us Protect It.

Oct. 19, 2020

Will Confirming Judge Barrett be the Death of Chevron Deference?

Sept. 25, 2020

CPR Reflects on Justice Ruth Bader Ginsburg's Legacy

Sept. 24, 2020

Citizen Suits Are Good for the Regulatory System, and We Need More of Them

Sept. 16, 2020

The Pandemic's Toll on Science