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The deliberations come as Biden nears final decisions on a slate of nominees to lead key environment and energy posts. Also being eyed to lead the EPA is Richard Revesz, a former dean of the New York University School of Law who has been a fierce critic of the Trump administration’s environmental policy moves, according to two people familiar with the matter.

The Trump EPA estimated that enforcement delays would save utilities about $26.1 million a year. But the EPA didn’t look at the cost of environmental damage or health risks associated with delays in cleaning up the coal ash ponds. Isabel Carey and Jason Schwartz at the Institute for Policy Integrity said the EPA’s failure to consider those costs meant the rule violates the Administrative Procedure Act.

Richard Revesz, director of the Institute for Policy Integrity at New York University, argues that the rule is an example of regulatory “asymmetry” under which the Trump EPA has been “prioritizing costs and belittling benefits,” with the rule making it easier for indirect benefits of rules to be ignored. “It is like separate but equal. Separate but equal is not equal,” he says

"While this rule does not - and legally cannot - prevent the agency from considering co-benefits, it tries to treat them as second-class benefits," Jason Schwartz, Legal Director at the Institute for Policy Integrity, said.

Richard Revesz, who directs the New York University School of Law’s Institute for Policy Integrity, noted that the administration’s approach is “inconsistent” with existing federal guidance, which states that “in performing a cost-benefit analysis all costs and benefits should be taken into account, whether they’re direct or indirect.” “They’re basically saying that the indirect consequences of regulation must be taken into account if they’re negative, and should be ignored if they are positive.”

Although president-elect Joe Biden is planning to reinstate many environmental laws rolled back by President Donald Trump, when asked if Biden’s administration will strengthen current standards for soot emissions, a spokesman declined to answer. “Given the deadly nature of this pollutant, my advice to the new administration would be to very quickly embark on the process to make the standard more stringent,” said Richard Revesz, an expert on environmental law at New York University.

The Congressional Hispanic Caucus has submitted a list of candidates for the role that includes Richard Revesz, who is Argentine American and directs New York University School of Law’s Institute for Policy Integrity.

The cost-benefit rule, which changes the way the E.P.A. shifts economic analyses of Clean Air Act regulations to limit future air pollution controls, is not expected to survive the incoming Biden administration. “It’s like breaking all the calculators on the way out the door,” said Jack Lienke of New York University School of Law’s Institute for Policy Integrity. “The people coming in can buy new calculators. It’s just a hurdle and takes some time. It’s just another annoyance for the incoming administration to deal with. ”

The Trump administration on Monday declined to tighten controls on industrial soot emissions, disregarding an emerging scientific link between dirty air and Covid-19 death rates. “Given the deadly nature of this pollutant, my advice to the new administration would be to very quickly embark on the process to make the standard more stringent,” said Richard Revesz, an expert on environmental law at New York University.

Federal investments and procurement choices can either reinforce the status quo, or provide a template for a broader societal shift toward a low-emissions economy. Improved GSA policies could reduce emissions across the entire federal government.