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March 24, 2021 by James Goodwin

Biden's Overhaul Effort Should Include the 'Basic Principles' of Regulation, Too

In a little-noticed move on Day One, President Joe Biden issued a memo designed to institute a more progressive process for developing new regulations. Such an effort is essential, given that timely, effective regulations will play a key role in achieving Biden-Harris administration's policy agenda. To succeed, however, it must also tackle the conservative philosophy that guides our government's rulemaking process.

Biden's memo focuses on the mechanics of the rulemaking process, and especially two institutions that heavily influence regulatory decisions: centralized, White House review of proposed rules and economics-focused assessments of them. President Reagan and his successors have issued a string of executive orders to govern these institutions. Biden's memo addresses flaws in the current iteration, Executive Order 12866 (along with some other, related orders). Fixing these flaws is necessary to create a more progressive regulatory system that better protects people and the planet.

A flawed foundation

But 12866's anti-regulatory problems run much deeper than institutional mechanics. Indeed, its entire apparatus is grounded in a neoliberal orthodoxy that casts regulations as dubious in legitimacy and counsels against using them except as a last resort. Attempts to build a new progressive regulatory system on top of this flawed theoretical foundation are …

March 23, 2021 by James Goodwin, Sidney Shapiro
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This op-ed originally ran in The Regulatory Review. Reprinted with permission.

To paraphrase French economist Thomas Piketty, the task of evaluating new regulations is too important to leave to just economists. Yet, since the 1980s, White House-supervised regulatory impact analysis has privileged economic efficiency as the primary and often only legitimate objective of federal regulation. The regulatory reform initiative launched by President Joseph R. Biden on his first day in office creates an opportunity to reorient regulatory analysis in ways that both reformers and the public support.

Legal and policy experts object to hyper-technical regulatory analysis, and new public opinion polling indicates that voters agree.

Far from a monolithic concept, cost-benefit analysis encompasses a wide range of approaches and techniques, all with their own theoretical underpinnings and ethical commitments. Indeed, the current version of cost-benefit analysis is grounded in the conservative discipline of welfare economics and seeks …

March 22, 2021 by Maggie Dewane
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Kamala Harris. Janet Yellen. Deb Haaland. Gina Raimondo. Marcia Fudge. Jennifer Granholm. 

They’re making history as members of the largest group of women ever to serve on a presidential Cabinet. Haaland and Yellen are the first women in their positions, and Haaland is also the first Native American Cabinet secretary.

President Biden has appointed five additional women to Cabinet-level positions, including Cecilia Rouse as chair of the Council of Economic Advisors and Isabel Guzman as Small Business Administrator. Four of these five are Black, Asian American, or Latina. In total, women comprise nearly half of Biden’s Cabinet.

Women have been fighting for equality in this country for over a century — from the Seneca Falls Convention in 1848, to the Women’s Strike of 1970, to the Women’s March in 2017. For women who are Black American, Asian American, or Native American, the fight has …

March 15, 2021 by Karen Sokol
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This op-ed was originally published in the Baton Rouge Advocate.

A week after taking office, President Joe Biden issued an executive order “on tackling the climate crisis” that includes important measures to address the crisis comprehensively and equitably. Specifically, the order directs the federal government to take a “whole of government” approach to the climate crisis that pursues economic security, ensures environmental justice, and empowers workers.

The beginning of such a plan is promising, particularly after four years under an administration that wiped the word “climate” from government websites, rolled back the Obama administration’s steps to address the crisis, and made fossil fuel production a centerpiece of its agenda.

But it’s just that — a promising beginning. And it’s already under assault. The American Petroleum Institute, the nation’s largest oil and gas lobbying group, immediately attacked the order, and particularly its directive to pause …

March 8, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

The COVID pandemic has provided a vivid picture of what happens when ill-prepared governments are suddenly hit with huge responsibilities. Underfunded state and local public health agencies were overwhelmed, while governors and local officials found themselves struggling to obtain and distribute vital supplies, from respirators to vaccines. Efforts to accelerate the transition away from carbon, such as a green stimulus, may run into similar problems if we neglect the agencies that will have to implement policies.

People tend to think of the energy transition in terms of wind turbines, solar panels, batteries, and charging stations for electric vehicles. That can presumably be accomplished through mandates to utilities or financial incentives. The trouble is that all of these changes have to function in connection with a power system that wasn’t built to accommodate them. That requires …

March 3, 2021 by Sidney Shapiro
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Amid the Sturm und Drang (storm and stress) of politics these days, one fact stands out — a large majority of Americans want more regulatory protection in a wide variety of areas, according to a recent poll of likely voters.

The results are consistent with previous polls that indicate that Americans understand the importance of government regulation in protecting them from financial and health risks beyond their control. They also indicate majority support for efforts by the Biden administration to renew government regulation — as well as a stark repudiation of former President Trump’s extreme anti-regulatory agenda.

The poll, conducted in January by Data for Progress and the Center for Progressive Reform, found that a majority of likely voters favor more regulation of drinking water pollution (74 percent); consumer product safety (71percent); privacy data (70 percent); air pollution (68 percent …

March 2, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

"The social cost of carbon" isn't exactly a household phrase. It's an estimate of the harm caused by emitting a ton of carbon dioxide over the many decades it remains in the atmosphere. That's an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot of controversy. The Obama administration came up with a set of estimates, which Trump then slashed by 90 percent.

In an early executive order, Biden created a task force to revisit the issue. Last week, the task force issued its first report. It's an impressive effort given that Biden is barely a month into his presidency. The document provides a clear overview of the ways in which climate science and climate economics have advanced since the Obama estimates and makes …

Feb. 23, 2021 by Richard E. Levy, Robert Glicksman
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This op-ed was originally published in The Hill.

Since taking office, President Biden has pursued an active agenda to address many urgent matters that require his prompt attention. We hope one important initiative does not get lost in transition: restoring the norms of good governance.

During his term in office, President Trump sought to exert absolute control over the apparatus of government by undercutting normal operating practices and systematically dismantling protections for officials whose duty to the public might override their personal loyalty to him. It is no secret that Trump demanded personal loyalty from executive branch officials and fired those, like Attorney General Jeff Sessions, who prioritized complying with the law over following his orders. He has taken many actions to strip, override and undermine essential protections for our nation’s public servants.

Biden has already taken some steps to address these concerns. On Jan. 22 …

Feb. 22, 2021 by Dan Rohlf
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As the U.S. Senate considers President Joe Biden’s Cabinet nominees, one stands out as much for the position he was appointed to as for his impressive qualifications.

Two days before his inauguration, Biden announced that he planned to elevate the director of the Office of Science and Technology Policy (OSTP), often referred to as the president’s science advisor, to Cabinet rank. The move underlines Biden’s break with the previous administration’s de-emphasis and politicization of science, which downplayed climate change, sought to slash climate-related research spending, and crafted rules designed to limit the influence of science in agency decisionmaking.

Created by Congress in 1976 to help the president and White House staff steer the country in an increasingly complex world, OSTP leads cross-government efforts to incorporate scientific and technological developments into policy and budgetary decisions. During the Trump administration, OSTP staff dropped by …

Feb. 19, 2021 by Maggie Dewane
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Intersectional environmentalism is a relatively new phrase that refers to a more inclusive form of environmentalism, one that ties anti-racist principles into sectors that have long profited from overlooking or ignoring historically disenfranchised populations. 

According to youth activist Leah Thomas, “It brings injustices done to the most vulnerable communities, and the earth, to the forefront and does not minimize or silence social inequality. Intersectional environmentalism advocates for justice for people and the planet.”

Nearly 20 years ago, the Center for Progressive Reform (CPR) was founded on a vision that government could be reimagined and reformed so that it serves all people — regardless of income, background, race, or religion — and our planet. Intersectional environmentalism is that vision: thriving communities on a resilient planet. 

It is also the theme of CPR’s recent Climate, Energy, Justice video series and corresponding report. CPR takes issue with a business-as-usual approach to …

CPR HOMEPAGE
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