Institute for Policy Integrity

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  • Court Filings

    Expert Declaration on Using the Social Cost of Carbon in Environmental Assessments

    May 25, 2018

    Fossil fuel development causes significant harm to the environment and human health, and our work continues to push for public disclosure of these harms. Dr. Peter Howard, our economics director, submitted a declaration on the environmental, public health, and social welfare costs of two resource management plans finalized in 2015 by the Bureau of Land Management (BLM) in Montana and Wyoming. Part of a suit against BLM by the Western Organization of Resource Councils, this declaration was presented alongside declarations from other noted climate experts, including Dr. James Hansen. Dr. Howard found that the air pollution and greenhouse gases emitted during the extraction, processing, transportation, and combustion of 11 billion tons of coal and oil and gas from thousands of wells at these two regions will cause more than $802 billion in damages between 2018 and 2028.

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  • Court Filings

    Brief on Department of Education’s Borrower Defense Rule

    May 11, 2018

    Under Secretary Betsy DeVos, the Department of Education has delayed implementation of the Borrower Defense Rule three times. This 2016 regulation was designed to help students who have been defrauded by for-profit educational institutions discharge their federal student loans. In our amicus brief to the U.S. District Court for the District of Columbia, we argue that the delays must be vacated because the Department failed to provide a reasoned explanation for any of them.

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  • Court Filings

    Brief on the Clean Water Rule’s “Applicability Date”

    May 11, 2018

    The Environmental Protection Agency and Army Corp of Engineers were sued for suspending implementation of the Clean Water Rule through the addition of an “applicability date” to the Clean Water Rule. Our brief to the U.S. District Court for the Southern District of New York in that case argues that the court should vacate the Suspension Rule because the agencies improperly ignored the forgone benefits of suspending the Clean Water Rule.

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  • Court Filings

    Amicus Brief on New York’s Zero Emissions Credits and the Social Cost of Carbon

    March 28, 2018

    In 2016, the New York Public Service Commission adopted the Clean Energy Standard, an ambitious plan to increase renewable generation to 50% of the market by 2030. While working toward that goal, the State found it was necessary to pay nuclear generators through a zero-emissions credits (ZECs) system, as compensation for the value they provide in avoiding emissions. The State found that this would help guard against an increase in pollution if the nuclear generators were to close. Our amicus brief to the Supreme Court of New York in Albany County argues that the Commission’s decision to base ZEC prices on the Social Cost of Carbon (SCC) was reasonable.

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  • Court Filings

    Brief to Forest Service on Expansion of Colorado’s West Elk Coal Mine

    March 27, 2018

    The U.S. Forest Service continues to ignore climate damages in its final approval of a coal mine expansion in Colorado, despite a court ruling that asked the Forest Service to disclose the effects of greenhouse gas emissions from the expansion. In its final environmental impact statement (EIS) on the project, Forest Service quantifies how much the expansion will increase greenhouse gases emissions but only gives a generic description of climate change and its effects. By not quantifying and monetizing the effects of this increase in emissions, the EIS obscures information necessary for the public to appreciate how the expansion will result in hundreds of millions of dollars in climate damages. Our brief to the District Court of Colorado argues that Forest Service’s failure to monetize climate impacts was arbitrary and is still in violation of the National Environmental Policy Act.

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  • Court Filings

    Brief on Deferred Action for Childhood Arrivals Program

    March 20, 2018

    In September 2017, the Department of Homeland Security (DHS) issued a memorandum rescinding the Deferred Action for Childhood Arrivals program (DACA), which had protected certain young people who were brought to the U.S. as children from deportation. A variety of plaintiffs—including the Regents of the University of California; several states, counties, and municipalities; and individual program participants—promptly challenged DHS’s decision in the U.S. District Court for the Northern District of California and secured a preliminary injunction blocking DHS from carrying out the rescission. DHS has now appealed that injunction to the U.S. Court of Appeals for the Ninth Circuit. Our brief, which urges the court to affirm the district court’s injunction, addresses only one issue in the case: DHS’s contention that it had a reasonable basis for rescinding DACA based on the “evident risk” that the program “would at a minimum be the subject of protracted litigation, and very likely be enjoined nationwide.”

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  • Court Filings

    Brief Challenging Suspension of NHTSA Rule on Fuel Economy Penalties

    March 12, 2018

    In 2017, the National Highway Traffic Safety Administration (NHTSA) suspended its 2016 Civil Penalties Rule, which adjusted the penalties for automobile manufacturer non-compliance with fuel economy standards for the first time in decades to reflect inflation. In issuing its suspension, NHTSA claimed that it was causing no harm. Our brief in the case challenging this suspension shows that NHTSA’s claim of no harm was inaccurate.

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  • Court Filings

    Policy Integrity Brief Cited in Housing Rule Decision

    December 23, 2017

    In a decision ordering the Department of Housing and Urban Development (HUD) to implement a fair housing rule that the Trump administration sought to delay, Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia cited Policy Integrity’s amicus brief in the case. The Small Area Fair Market Rent rule, finalized under President Obama, seeks to give low-income families greater access to housing in higher-rent neighborhoods and break up areas of concentrated poverty. Our brief argued that, in suspending the rule’s implementation for two years, HUD violated principles of administrative law by disregarding economic impacts and failing to seek public comment. Judge Howell found that HUD’s decision to delay the rule exceeded the agency’s legal authority and that the reasons it gave for doing so were arbitrary and capricious. She ordered HUD to implement the rule by January 1, 2018.

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  • Court Filings

    Briefs and Comments on Department of Education’s Borrower Defense Rule

    December 22, 2017

    Under Secretary Betsy DeVos, the Department of Education has twice delayed implementation of the Borrower Defense Rule, a 2016 regulation designed to help students who have been defrauded by for-profit educational institutions discharge their federal student loans. In our amicus brief supporting borrower and state challenges to the delay, we argue that the Department violated the Administrative Procedure Act by arbitrarily disregarding the harms that the delays impose on student borrowers. We also submitted a comment letter to the agency regarding the second delay.

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  • Court Filings

    Brief on the Bureau of Land Management’s Waste Prevention Rule

    December 22, 2017

    Our amicus brief to the United States District Court for the District of Wyoming defends the 2016 Bureau of Land Management’s “Waste Prevention Rule,” which is designed to limit methane waste from oil and gas production on public lands. In our brief, we show that the rule reasonably complied with BLM’s statutory duty to set waste-prevention rules that focus on private benefits to industry as well as on the health and environmental benefits of protecting natural public resources and the environment. We also argue that BLM’s approach to evaluating those health and environmental benefits of reducing methane emissions through the use of the Social Cost of Methane was reasonable and appropriate. The Social Cost of Methane is the best available metric for measuring damages from methane emissions. And it allowed BLM to set restrictions based on the global estimate of damages from methane emissions, which best advances U.S. interests and is consistent with BLM’s statutory mandate.

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