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  • Academics Tout TSCA ‘Best Practices’ That Would Justify Strict EPA Rules

    New York University’s regulatory policy center is urging EPA to adopt “best practices” for TSCA risk management rules that would lead to stringent limits on existing chemicals, potentially offering legal and policy justifications the agency could use to grant environmentalists’ requests to go beyond what they see as too-lenient Trump-era chemical evaluations.

  • EPA Revokes Trump-Era Barrier to Climate Rules

    At the Institute for Policy Integrity, a New York University think tank critical of Trump administration environmental policies, Director Richard Revesz said the forecasting requirements "sought to put a thumb on the scale in favor of deregulation and would have caused additional deaths, illnesses, and lost work days and decreased the overall welfare of Americans. The repeal of this rule is an important step to restore scientific integrity at EPA."

  • IPI Urges Reanalysis of Trump EPA Power Plant ELG Benefits

    New York University’s Institute for Policy Integrity in a new report is arguing the Trump administration failed to adequately consider many health and environmental benefits from strict effluent limits for certain power plant discharges but that simple policy changes would allow EPA to give appropriate weight to climate and other harms. The report, written by Bethany A. Davis Noll and. Rachel Rothschild, comes as the Biden administration is reviewing the Trump EPA’s effluent limitation guidelines (ELGs) for coal-fired power plants for possible changes.

  • EPA Issues Interstate Air Pollution Rule Fix for Summer Ozone

    The new rule—which required a quick turnaround from the Biden administration—comes after courts struck down updates from 2016 and 2019 for not providing a full remedy that would help northeast states manage summertime smog. "The Obama administration's 2016 update issued this concededly partial remedy that didn’t actually achieve attainment with the 2008 ozone NAAQS,” said Jack Lienke, Institute for Policy Integrity regulatory policy director.

  • Lawyers Say U.S. EPA’s GHG Threshold Rule on Shaky Legal Ground

    Eight days before President Donald Trump leaves office, the EPA published a rule on 13 January that sets 3% of total gross US greenhouse gas (GHG) emissions as the significant threshold at which the agency can regulate releases of these pollutants. Below that level, the EPA said no endangerment of public health would ensue. "The final rule violates the APA because it isn't a logical outgrowth of EPA's 2018 proposal and the public didn't get a meaningful opportunity to comment on the 3% threshold for significance," Jack Lienke, regulatory policy director at the Institute for Policy Integrity and an adjunct professor at NYU School of Law, said.

  • Senate Democrats Eye Quick Repeal of Trump Rules

    The impending power shift in the Senate means Congress will once again turn to the Congressional Review Act to scrap a bevy of regulations. Hill Republicans and President Trump used the CRA to kill 16 Obama-era rules in 2017. Democrats, in contrast, have never deployed the CRA. "It's the quickest way to get rid of policies that will cause significant harms to the health of Americans and to the quality of our environment," said Ricky Revesz, a New York University professor whose name has been mentioned as a possible Biden regulatory chief.

  • Conservationists Slam Lame-Duck Gut of Migratory Bird Protections

    New York University Law professor Richard Revesz said the new rule will likely be overturned by the courts, Congress or by the incoming Biden administration, but cautioned the damage in the near term is significant. “I would be very surprised if this rule is in effect in two years, but it will create burdens and difficulties in the meantime,” he said.

  • Trump Administration, in Parting Gift to Industry, Reverses Bird Protections

    The Trump administration gutted protections for migratory birds on Tuesday, delivering the second of two parting gifts to the oil and gas industry. “These are definitely midnight regulations,” said Richard Revesz, an environmental law professor at New York University. “They’re 11:59 and 59 seconds regulations.”

  • Coal Plants Seek More Time to Pollute Water Resources

    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.

  • Trump EPA Finalizes Rollback Making It Harder to Enact New Public Health Rules

    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.”