Joe-biden-wide.jpg
Feb. 18, 2021 by Amy Sinden

Philadelphia Inquirer Op-ed: Rep. Mary Gay Scanlon Should Hold Biden's Feet to the Fire on Regulatory Agenda

In the midst of this long dark winter, it's heartening to see the Biden administration lay out a bold agenda for a more secure, fair, and sustainable future. Holding the Biden administration to its promise to reform the regulatory process to "ensure swift and effective federal action" to "improve the lives of the American people" is a crucial part of that effort. From her perch on a key congressional committee with oversight over agencies and the rulemaking process, the Delaware Valley's own Rep. Mary Gay Scanlon is well-positioned to do just that.

While not on most people's radar, the system of centralized regulatory review poses a potentially significant obstacle to President Joe Biden's ambitious agenda. Originally created by President Ronald Reagan, this process functions as the bureaucratic instantiation of the "job-killing regulations" myth that Reagan so successfully infused into the American political conversation and that politicians across the political spectrum parroted for decades afterward. The executive orders issued by both Democratic and Republican presidents to govern this process over the intervening decades reflected that false narrative—describing regulations as imposing burdens that need to be lifted and anointing economic efficiency as …

Feb. 3, 2021 by Katie Tracy
Frontline-Worker-Mask-iStock-rights-secured-wider.jpg

Since taking office, President Joe Biden has signaled a new openness to the concerns of our nation’s workers — and we at CPR are joining our allies today in calling on his administration to go much further to make workplace safety a top priority.

Biden’s early actions are auspicious. In his first days in office, Biden appointed qualified leaders to key labor posts and signed several executive orders to improve working conditions. Among those orders is one that directs the Occupational Safety and Health Administration (OSHA) to issue improved guidance to employers on protecting workers and to determine whether to issue an emergency standard to prevent and mitigate exposure to COVID-19.

Biden also withdrew an effort by the Trump administration to accelerate processing speeds at poultry plants, which would have forced workers to work faster and more closely together on the factory floor — and put workers …

Jan. 27, 2021 by Hannah Wiseman
oil-well-jack-wide.jpg

When President Trump took office in 2017, the Department of the Interior quickly moved to lease nearly all offshore lands for oil and gas development. The map was astounding; for decades, there had been relatively limited drilling in offshore waters, and many state officials and advocates were shocked to see a proposal for such extensive leasing of offshore federal lands. Indeed, notoriously conservative Rick Scott of Florida entered into a handshake deal with former Interior Secretary Ryan Zinke to avoid drilling near the state. Trump's Interior Department also attempted to lease vast swaths of onshore public lands for fossil fuel development.

President Biden has predictably followed a different approach, announcing his intent to place a moratorium on oil and gas leasing on federal onshore and offshore lands. This is a sensible solution.

The United States is already working to transition to more low-carbon energy production, and oil …

Jan. 25, 2021 by Daniel Farber
USCapitol-winter-wide.jpg

This post originally ran in The Conversation and on Legal Planet and is reprinted here under Creative Commons license CC BY-ND 4.0.

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules.

The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. On his first day in office, Biden used that power to start bringing the U.S. back into the Paris climate agreement and the World Health Organization, and to rescind a permit for the Keystone XL oil pipeline and orders restricting travel from several predominantly Muslim and African countries. He also ordered a temporary moratorium on oil and natural gas leases in the Arctic National Wildlife Refuge.

Undoing most regulatory …

Jan. 22, 2021 by Joseph Tomain
richard-glick.jpg

President Joe Biden named Commissioner Richard Glick as Chair of the Federal Energy Regulatory Commission (FERC) January 21. Glick succeeds Chairman James Danly. The Commission is expected to retain its Republican majority until Commissioner Neil Chatterjee's term is up on June 30.

Glick previously served as a FERC Commissioner nominated by President Trump in August 2017 and confirmed by the Senate later that year.

Before joining FERC, Glick was general counsel for the Democrats on the Senate Energy and Natural Resources Committee, serving as a senior policy advisor on numerous issues, including electricity and renewable energy. Prior to that, he was vice president of government affairs for Iberdrola, a Spanish multinational electric utility. At Iberdrola, Glick focused on the company’s renewable energy, electric and gas utility, and natural gas storage businesses in the United States. He ran the company’s Washington, DC, office and was responsible …

Jan. 21, 2021 by Katie Tracy
WorkerSafety_welder_wide.jpg

Editor's update: On April 9, 2021, President Biden nominated Doug Parker to lead OSHA. If confirmed, he'll replace Jim Frederick as Assistant Secretary for Occupational Safety and Health in the Department of Labor.

President Joe Biden has tapped three seasoned experts to jumpstart the Occupational Safety and Health Administration (OSHA), the federal government's main worker health and safety agency. Jim Frederick will serve as Deputy Assistant Secretary of OSHA and will head the agency until a permanent Assistant Secretary is confirmed. Frederick’s experience includes over two decades working for the United Steel Workers' health, safety, and environment department. In his latest role, Frederick served as the assistant director and principal investigator for the department. Biden has also named Chip Hughes, former director of the National Institute of Environmental Health Sciences Worker Education and Training Program, as Deputy Assistant Secretary for Pandemic and Emergency Response. This will …

Jan. 19, 2021 by Daniel Farber
WHouseGreySkies.jpg

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

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process, away from agencies. That trend has accelerated to the point where the White House controls even the fine details of regulation.

Two things can get sidelined in presidential administration. One is agency expertise. No one in the White House has as much knowledge as agency experts about air pollution, or climate change, or endangered species.

The other thing that gets sidelined is active implementation of the law actually passed by Congress. The White House staff who review regulations care only about costs and benefits. The president and the higher-level staff …

Jan. 13, 2021 by Daniel Farber
us-map-globe-wide.jpg

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

Donald Trump's hostility domestic environmental regulation is notorious. He also stalled or backpedaled on the international front. Here are seven steps that President Biden could take to remedy the situation.

  1. Rejoin the Paris Agreement. The U.S. needs to immediately rejoin the Paris Agreement. It also needs to update its climate target because we can do a lot more than we thought possible even four years ago to reduce emissions. Technology has improved, renewable prices have fallen, and the car industry is prepared to embrace electric vehicles.

  2. Rejoin the WHO. Leaving the World Health Organization (WHO) in the middle of a pandemic was crazy for many reasons — among them, its effect on the environment. As I wrote in a post at the time, WHO does important work in many countries on controlling dangerous levels of air …

Jan. 12, 2021 by Victor Flatt
stream_wide.jpg

One of the most vexing environmental law issues of the last three decades is the scope of the term "waters of the United States" (WOTUS) in the Clean Water Act — and what marshes, lakes, and streams fall under its purview. A connected legal question stretching back even further is how much deference to give agencies in policymaking and legal interpretations.

These issues are present in both the Trump administration's final "Waters of the United States" rule, which narrowly defines waters subject to the act, and the Biden administration's likely attempt to expand that definition. The Trump administration's narrow approach dramatically reduces the number of waterways under federal protection. A broader definition would restore and possibly expand protections to better safeguard public and environmental health.

A new study on the economic analyses in the Trump rule (which I co-authored) concludes that its supporting economic analyses rely on questionable …

Jan. 11, 2021 by Shalanda H. Baker, Alice Kaswan
climate-justice-unsplash-wide.jpg

The Black Lives Matter movement highlights long-standing inequities and amplifies the drumbeat for climate justice and an equitable transition to a clean economy. With the incoming Biden-Harris administration and a growing list of environmental justice advocates at the helm, it's time to move from rhetoric to reality. We offer concrete proposals to turn climate justice goals into climate justice policies.

The call for climate justice has multiple dimensions, from ensuring an equitable transition to clean energy for vulnerable communities and workers disrupted by the move away from fossil fuels, to extending the benefits of our economy-wide shift to those who have historically been left behind. Even more than past environmental challenges, decarbonizing will not be a narrow, technical undertaking. We need a holistic, justice-centered perspective to shape our vision for a green economy and meet the pervasive environmental and …

CPR HOMEPAGE
More on CPR's Work & Scholars.
June 10, 2021

Department of Labor's Emergency Temporary Standard Too Weak to Protect All Workers from COVID-19

June 9, 2021

CPR Scholars and Staff Back EPA's Plan to Eliminate Trump 'Benefits-Busting' Rule

May 21, 2021

Cost-Benefit Analysis and the Biden EPA

May 4, 2021

The Hill Op-Ed: Climate Action Supporters: The Fossil Fuel Industry Is Not Your Friend

April 29, 2021

Biden and the Environment: The First 100 Days

April 27, 2021

Memo to Biden: Regulation Is Infrastructure

April 23, 2021

Biden Picks Conservation Advocate Tracy Stone-Manning to Lead the Bureau of Land Management. Here are Five Priorities for Our Public Lands.