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  • How Technology and Artificial Intelligence Can Improve Regulation

    April 23, 2018 – The Hill (Opinion)

    Opportunities to learn about and comment on regulation abound online, leading to an explosion of public participation. It is now common for agencies to receive over 1 million public comments on a proposed regulation. But agencies don’t have the person-power to process all that information, resulting in costly delays and undercounted perspectives.

  • Scott Pruitt Hasn’t Saved Taxpayers Anything

    April 9, 2018 – ThinkProgress

    Looking just at compliance costs also ignores the vast number of benefits — both economic and social — that regulations like the Clean Power Plan can have for society overall. According to a 2017 analysis by the Institute for Policy Integrity at New York University’s School of Law, for instance, costs of the Clean Power Plan would have been about $5.1 and $8.4 billion annually, while benefits would have been about $54 billion annually. This means that the Clean Power Plan would have created a net economic benefit of between $45.6 billion and $48.9 billion.

  • In His Haste to Roll Back Rules, Scott Pruitt, E.P.A. Chief, Risks His Agenda

    April 7, 2018 – The New York Times

    In the end, “a lot of those arguments were losers,” said Richard L. Revesz, an expert in environmental law at New York University. In particular, Mr. Revesz noted a case brought by the group against President Obama’s signature climate change regulation, the Clean Power Plan, which Mr. Pruitt is now working to overturn from within the E.P.A. The lawsuit challenged a draft proposal of the regulation, which was an unprecedented move that a federal court quickly struck down, saying that they could not legally challenge a draft.

  • Scott Pruitt’s Dirty Politics

    March 26, 2018 – The New Yorker

    Federal agencies are supposed to abide by the Administrative Procedure Act of 1946, to insure that the work informing new regulations is transparent, reasoned, and not overly politicized. Bethany Davis Noll, an environmental lawyer at the N.Y.U. Institute for Policy Integrity, said, “It’s also so you don’t have agencies turning on a dime in response to an election.” Courts hold agencies to the “arbitrary and capricious” standard: to rescind a regulation, they must demonstrate sound reasoning tied to a factual record.

  • Dispute Over Coal’s Effects on Climate Change Heads to Court

    March 22, 2018 – Bloomberg

    The Trump Interior Department could not rush through an impact statement quickly just to get it out of the way, according to Jayni Foley Hein, policy director at New York University’s Institute for Policy Integrity. That’s because the National Environmental Policy Act, its regulations, and various court decisions have laid out firm guidelines about what a Programmatic Environmental Impact Statement must include, she said.

  • Pruitt’s Delayed Chemical Plant Safety Rule Heads to Court

    March 16, 2018 – Bloomberg

    Challenges to an EPA rule delaying a chemical safety regulation aimed at protecting emergency responders being argued March 16 could pose a test of the Trump administration’s push to roll back regulations. “Agencies need explicit statutory authority for their actions,” Bethany Davis Noll, litigation director at the Institute for Policy Integrity at New York University School of Law.

  • Regulating Marketable Permits

    March 8, 2018 – The Regulatory Review (Opinion)

    Although cap-and-trade programs for government permits to emit carbon dioxide occasionally make headline news, the average American may not realize that billions of dollars’ worth of government permits are auctioned or traded in a wide variety of industries, from broadcasting to construction to fishing.

  • ‘Sloppy and Careless’: Courts Call Out Trump Blitzkrieg on Environmental Rules

    February 20, 2018 – The Guardian

    A cascade of courtroom standoffs are beginning to slow, and even reverse, the EPA rollbacks thanks to the administration’s ‘disregard for the law.’ “The Trump administration has been sloppy and careless, they’ve shown significant disrespect for rule of law and courts have called them on it,” said Richard Revesz, a professor at the New York University school of Law.

  • The Keys to Our Coastal Kingdom

    January 10, 2018 – US News and World Report (Opinion)

    The Trump administration’s new draft plan for offshore drilling represents a colossal shift in policy by proposing to make nearly all U.S. coastal waters available for oil and gas exploration. The administration has framed this proposal as a way to achieve “energy dominance,” but this claim doesn’t add up: The United States is already the world’s number one oil and natural gas producer. What is clear is that the administration’s approach entails major environmental and social risks and ignores basic economic facts, making it a terrible deal for the American public.

  • Rick Perry’s Proposed Coal Bailout Just Died an Unceremonious Death

    January 9, 2018 – Vox

    Late last year, Rick Perry’s Department of Energy issued a notice of proposed rulemaking asking the Federal Energy Regulatory Commission to bail out beleaguered coal and nuclear plants.Yesterday, FERC officially responded: Thanks, but no thanks. “DOE’s bungling of this from the start (no coordination, proposal unlike a normal 206 proceeding, Perry’s performance at House Energy hearing) very likely hurt its ability to get near-term policy in the direction it wanted (even if less than cost-of-service),” Tweeted Avi Zevin, an attorney at the Institute for Policy Integrity.