RegPolicyCollage_wide.JPG
Dec. 2, 2021 by Minor Sinclair, James Goodwin

Strengthening the 4th Branch of Government

This blog post is the second in a series outlining the Center for Progressive Reform’s new strategic direction. We published A Turning Point on Climate in October.

Over the last four decades, small government ideologues have waged a coordinated attack against government. The strategy has paid off: Public approval ratings of all three branches of government are at all-time lows.

Nevertheless, the federal government still manages to get things done on a day-to-day basis, and that is primarily due to the so-called 4th branch of government — the administrative and regulatory state that employs 2 million workers, invests trillions of dollars each year on things like air pollution monitoring and cutting-edge clean energy research, and makes rules that protect us all.

This is not to say that the administrative state hasn’t been the target of conservative attacks, too. These attacks have left federal regulatory system battered, bruised, and starved for resources. Nevertheless, the genius of its design — including such factors as a professional bureaucracy, science-based policymaking, strict transparency measures, and a commitment to public participation — has enabled it to persevere in the face of these challenges.

Simply put, the administrative state makes our lives our better, and we would …

Nov. 8, 2021 by Daniel Farber
Solar Energy and Electricity

This post was originally published on Legal Planet. Reprinted with permission.

Late Friday, the House passed President Biden's infrastructure bill, the Build Back Better law. As The Washington Post aptly observed, the bill is the biggest climate legislation to ever move through Congress. It also attracted key support from some Republicans, which was essential to passing it in both houses of Congress. Biden is pushing for an even bigger companion bill, but the infrastructure bill is a huge victory in its own right.

One major area of spending is transportation. Some of that goes for roads and bridges. But as The Washington Post reports, there's a lot of money for rail and mass transit:

    "Another $66 billion will go to passenger and freight rail, including enough money to eliminate Amtrak's maintenance backlog. Yet another $39 billion will modernize public transit, and $11 billion more will be …

Oct. 14, 2021 by James Goodwin
RegPolicyCollage_wide.JPG

This post was originally published on LPE Blog and is part of a symposium on the future of cost-benefit analysis. Reprinted with permission.

Over the last 40 years, the U.S. regulatory system has played an increasingly influential role in redefining our political and economic relationships in fundamentally neoliberal terms. A key but often overlooked institutional force behind this development is the peculiar form of cost-benefit analysis that now predominates in regulatory practice. Building a new regulatory system befitting our vision of a post-neoliberal America requires a formal rejection of prevailing cost-benefit analysis in favor of a radically different approach—one that invites public participation, permits open and fair contestation of competing values at the heart of policy debates, and recognizes and honors our social interdependencies.

The predominant form of cost-benefit analysis—one embraced by neoliberals—finds its theoretical underpinning in the controversial ideology of welfare economics …

Oct. 11, 2021 by Melissa Lutrell, Jorge Roman-Romero
White_House_wide.JPG

This post was originally published on LPE Blog and is part of a symposium on the future of cost-benefit analysis. Reprinted with permission.

Cost-benefit analysis (CBA) is inherently classist, racist, and ableist. Since these are foundational problems with CBA, and are not simply issues with its implementation, they can never be fixed by mere methodological improvements. Instead, the ongoing modernization of centralized regulatory analyses must focus on "moving beyond" CBA, and not on fixing it or improving it. Thus, in implementing President Biden's memorandum on Modernizing Regulatory Review (the Biden Memorandum), the Office of Management and Budget (OMB) should make explicit that regulatory review no longer requires CBA, even—as will be true in the typical case—when regulatory review does demand economic analysis as part of a holistic, multi-factor regulatory impact analysis.

The Biden memorandum endorses a series of goals that are not premised in the …

Sept. 30, 2021 by Lisa Heinzerling
Climate Justice - Climate March-cropped for blog.jpg

This post was originally published on LPE Blog and is part of a symposium on the future of cost-benefit analysis. Reprinted with permission.

President Biden has made climate change and racial justice central themes of his presidency. No doubt with these problems in mind, he has signaled a desire to rethink the process and substance of White House review of agencies' regulatory actions. On his very first day in office, Biden ordered administrative agencies to ensure that this review does not squelch regulatory initiatives nor brush aside "racial justice, environmental stewardship, human dignity, equity, and the interests of future generations." At the same time, however, Biden reaffirmed the "basic principles" of a Clinton-era executive order on White House regulatory review, subjecting agencies' major rules to a cost-benefit test.

These twin inclinations – toward acting boldly on climate change and racial justice, and toward judging regulation using cost-benefit …

Sept. 23, 2021 by Joel Mintz
Joe-biden-wide.jpg

Addresses by national leaders to the United Nations General Assembly are often broad expressions of lofty ideals, and President Joe Biden's speech Tuesday fell squarely into that category. It covered an extraordinary panoply of global challenges and policy concerns, including controlling the COVID-19 pandemic, rebuilding and strengthening global alliances and regional initiatives, curbing terrorism, protecting human rights (including the rights of women and workers) and lifting up democracy. Biden also committed the United States to advancing human dignity, combating corruption and seeking peace in areas of conflict around the world.

Of particular importance were Biden's remarks regarding the global climate change crisis. Observing that "we stand at an inflection point in history," Biden outlined a stark choice between "meeting the threat of climate change" or suffering "the merciless march of ever-worsening droughts and floods, more intense fires …

Sept. 10, 2021 by Daniel Farber
white_house_2_wide.jpg

This post was originally published on Legal Planet. Reprinted with permission.

The Biden administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of his first year. Biden's delay in filling this important office is hard to defend.

The main reason for the delay is probably that Biden doesn't have the OIRA administrator's boss in place, either. Biden's nominee to head the Office of Management and Budget (OMB) had to be withdrawn when her Senate support evaporated. That was on March 2, however, and there's still no new OMB nomination six months later. Maybe the reason is an inability to find a candidate who can …

Aug. 17, 2021 by Sidney Shapiro, Melissa Lutrell
WHouseGreySkies.jpg

The surging COVID-19 delta variant is sending thousands of people to the hospital, killing others, and straining several states' hospital systems to their breaking point. The climate crisis is hurting people, communities and countries as we write this piece, with apocalyptic wildfires, crippling droughts and raging floodwaters. Systemic racism continues unabated, leading to vast economic and environmental injustices. It's beyond time for urgent action, but to get there, the federal government must reform the opaque, biased method it uses to evaluate our nation's public health, economic and environmental protections.

The day President Joe Biden took office, he ordered executive branch agencies to evaluate and reform the regulatory review process to “ensure swift and effective Federal action” to address the urgent problems we currently face. The administration is unlikely to live up to this goal unless the White House addresses …

Aug. 9, 2021 by Alina Gonzalez
environmental-protest-wide.jpg

In his first week of office, President Joe Biden signed an executive order, "Tackling the Climate Crisis at Home and Abroad," that responds to climate change with an emphasis on environmental justice. Notably, the order creates a government-wide "Justice40 initiative," which sets a goal for disadvantaged communities most impacted by climate change and pollution to receive at least 40 percent of overall benefits from federal investments in climate and clean energy.

In attempts to provide key foundational principles for the initiative, the White House recently released a draft guidance document that details how federal agencies should advance the programs covered by the Justice40 Initiative. While the interim guidance provides some direction for the scope of the initiative, the commitment to direct 40 percent of spending to disadvantaged communities is not so straightforward.

The hope of Justice40 is that frontline communities, the ones most burdened …

July 22, 2021 by Joel Mintz
wildfire01-wide.jpg

Recent events have dramatized the urgent need for prompt and bold action to respond to climate change. Raging rivers in Germany and Belgium, unheard of "heat domes" over large sections of North America, and uncontrolled wildfires and flooding around the globe, have made it absolutely clear that humankind must quickly limit the emission of greenhouse gases and adapt to the increasingly calamitous consequences of climate disruption.

In view of this situation, what is and ought to be the substance of environmental leadership? At the outset, it bears mention that no single environmental leader can take on the challenge of climate change alone. What is needed instead is cooperation among many leaders. Leadership must come from a number of places, including governments, private enterprises, non-governmental organizations (NGOs) and concerned individuals.

Later this year, the leaders of nearly all nations will …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Dec. 2, 2021

Strengthening the 4th Branch of Government

Nov. 8, 2021

The Climate Bill Inside the Infrastructure Bill

Oct. 14, 2021

A Post-Neoliberal Regulatory Analysis for a Post-Neoliberal World

Oct. 11, 2021

Modernizing Regulatory Review Beyond Cost-Benefit Analysis

Sept. 30, 2021

Climate Change, Racial Justice, and Cost-Benefit Analysis

Sept. 23, 2021

The Hill Op-ed: Biden's Idealistic UN Message on Climate Change

Sept. 10, 2021

Vacancy