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  • Federal Court Kneecaps EPA’s Plan to Slash Regulations

    August 1, 2017 – VICE

    “The methane rule was justified based on enormous benefits to the public,” Bethany A. Davis Noll, Senior Attorney at the Center for Policy Integrity, told VICE News, “It will be difficult to roll it back.”

  • Pruitt’s Deregulation Spree Has Cut Corners

    August 1, 2017 – Slate

    Pruitt claims that his regulatory rollbacks represent a return to the “rule of law,” but he has pursued them in a lawless fashion, cutting corners and ignoring fundamental legal requirements. Now, failing to follow the rules of the game is catching up with him.

  • An Empirical Analysis of the Establishment of Independent Agencies

    July 13, 2017 – The Regulatory Review

    A significant concern of administrative law is the status of independent agencies—agencies that are insulated in some ways from direct presidential control. These institutional relationships are particularly important when the President and agency officials disagree over law and policy. In our recent article, The Genesis of Independent Agencies, we ask a core question of administrative law: When are agencies established with features that insulate them from direct presidential control?

  • Trump Follows Through on Deregulation, but at What Cost?

    June 23, 2017 – The Hill (Opinion)

    Eliminating regulatory safeguards will erase tangible public health and environmental benefits, making the public worse off. Rather than analyze these societal costs, President Trump’s agency heads have suspended rules in a flurry of deregulatory actions, without calculating or even acknowledging the effects.

  • DOL Rule Delay Faces High Hurdle

    May 18, 2017 – Barron’s

    “A new delay would essentially amount to an effective repeal and that is something that would have to be justified,” Bethany Davis Noll, an attorney with the Institute for Policy Integrity at the New York University School of Law, tells the publication. “Labor has a huge burden to overcome if they want to delay this.”

  • Here’s How the EPA Can Help States With Their Smog Problems

    May 12, 2017 – The Washington Post (Opinion)

    Under Republican Gov. Larry Hogan, Maryland has petitioned the Environmental Protection Agency for help bringing ozone pollution in the state to a safe level. Granting this request should be a no-brainer for EPA Administrator Scott Pruitt.

  • EPA Committed to Regulating Mercury 17 Years Ago. Now It’s Having Second Thoughts.

    May 4, 2017 – Grist (Opinion)

    It’s already been almost 17 years since the EPA first concluded that it should issue a rule limiting mercury emissions from coal- and oil-fired power plants. It’s been more than five years since the agency actually did issue such a rule. And it’s been more than two years since the nation’s power plants started complying with the rule. All along the way, the EPA, states, power companies, and public health and environmental groups have been fighting about the rule in court. They show no signs of stopping anytime soon.

  • Stealth Repeal: Trump’s Strategy to Roll Back Regulations Through Delay

    May 2, 2017 – The Hill (Opinion)

    It’s no secret that the Trump administration would like to undo as much of Obama’s environmental legacy as possible by rescinding or repealing regulations. Under the law, that process is difficult, but Trump’s agency heads now seem to be looking for an easy way to undo rules without officially rescinding or repealing them.

  • Make Economics at the FCC Great Again

    April 14, 2017 – Technology Policy Institute

    Most of us employ informal cost-benefit analysis (CBA)—or what Benjamin Franklin described as weighing pros and cons—whenever we make decisions in our daily lives. It seems fair to expect federal agencies to do the same when considering new rules. Surprisingly, though, some agencies, including the Federal Communications Commission (FCC), are not required to engage in CBA before issuing a rule.

  • A Subtle Attack on the Environment

    March 2, 2017 – U.S. News & World Report (Opinion)

    President Donald Trump and newly confirmed EPA administrator Scott Pruitt appear poised to make sweeping environmental policy changes. But strong environmental regulations remain widely popular. Perhaps as a result, the Trump administration may take a subtle approach in attacking environmental rules. Pruitt and other administration officials appear interested in rewriting guidelines for regulatory analysis and they could cook the books so that environmental protections appear to have few or no benefits and exaggerated costs. The results would be sinister, undermining many current and future safeguards for the environment, workplace safety and other important social issues.