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  • A Full Trip Around the Sun, Yet EJ Remains Eclipsed at FERC

    The court’s March 29, 2024, decision in Sierra Club v. FERC held that “FERC enjoys broad discretion” when it considers requests by pipeline companies to extend their timeline to put a project into service. However, the D.C. Circuit has previously offered course corrections to FERC in pipeline cases, and FERC still faces legal vulnerability with its current approach. Al Huang, a panelist at the 2023 Roundtable, recently called on FERC to issue “comprehensive guidance … to aid both FERC and permit applicants, and increase the legal durability of the Commission’s decisions.”

  • Recent EPA Rules Highlight Officials’ Efforts To Boost Legal Defense

    “EPA’s thorough analysis also offers a critical roadmap for Department of Justice litigators who will soon brief this issue. Other agencies should study EPA’s approach and follow suit,” argues Max Sarinsky, the regulatory policy director at New York University’s Institute for Policy Integrity, in a March 25 blog post. He adds: “EPA details how its new rule is consistent with decades of agency practice and legislative purpose,” his blog post says, adding that the agency explained how the Clean Air Act text, legislative history and past rules are all consistent with considering and promoting electric vehicles.

  • Yet Another Way To Rebut Major Questions Doctrine Challenges

    In the nearly two years since the Supreme Court upended administrative law with its formal introduction of the MQD in West Virginia, federal agencies, scholars, and advocates have been coming up with ways to shore up new regulations against potentially-heightened scrutiny. Often these recommendations come in the form of particular analyses that an agency could include in a regulatory preamble that rebuts claims that a regulation is novel, transformative, economically significant, or any of the Court’s other supposed markers of “majorness.” For example, alongside the Institute for Policy Integrity, our organization urged the Environmental Protection Agency (EPA) to include a detailed accounting of “regulatory antecedents” in its final clean car rule to help rebut claims that it was a “novel” or “unheralded” agency action; as Max Sarinsky recently detailed, the EPA thoroughly did so in its final regulation.

  • One Year Later: We Are Still Waiting For Environmental Justice

    "At FERC’s EJ Roundtable one year ago, we called for the Commission to publish comprehensive guidance on environmental justice. Such guidance would aid both FERC and permit applicants, and increase the legal durability of the Commission’s decisions. It would also make good on commitments from FERC and the Biden Administration to center environmental justice in policy decisionmaking... One year later, however, the Commission has not taken substantial steps towards the goal of integrating environmental justice into its processes and decision making. We continue to see projects that are not in the public interest approved, leaving behind vulnerable communities.” - Al Huang, Director of Environmental Justice, Institute for Policy Integrity at NYU School of Law.

  • Adapting The Nation To Future Temperatures Through Heat-Resilient Procurement

    The American Public Health Association, Smart Surfaces Coalition, Institute for Policy Integrity, and others can support a broader social cost benefit to determine what performance levels to require in procurement standards.

  • Week in Review

    In a forthcoming article in the Georgetown Environmental Law Review, Richard L. Revesz, the AnBryce Professor of Law at New York University Law School, and Max Sarinsky, regulatory policy director at the Institute for Policy Integrity, propose that federal agencies preemptively address challenges under the major questions doctrine by drawing comparisons to prior agency actions.

  • EPA Vehicle Rule Offers Model For ‘Major Questions’ Rebuttal, Expert Says

    “EPA’s thorough analysis also offers a critical roadmap for Department of Justice litigators who will soon brief this issue. Other agencies should study EPA’s approach and follow suit,” argues Max Sarinsky, the regulatory policy director at New York University’s Institute for Policy Integrity (IPI), in a March 25 blog post on the Yale Journal on Regulation. ... “Far from being transformative or extraordinary, the SEC’s . . . rule is a run-of-the-mill use of the SEC’s authority with ample precedent,” argues IPI legal fellow Bridget Pals, in a July 2022 Medium article about the then-proposed version of the measure.

  • Another Way to Rebut Major Questions Arguments

    Earlier this week, Max Sarinsky published an excellent piece about how agencies could get ahead of major questions doctrine (MQD) challenges to new rules... In the same spirit as Sarinsky’s blog post, we articulate another way to rebut MQD challenges to new agency actions. 

  • Long-Delayed Carbon Metric Debated on Capitol Hill and in Courts

    Max Sarinsky, senior attorney at the Institute for Policy Integrity, said both the EPA’s $190 figure and the $51 interim figure from the interagency working group were developed through a rigorous process, so other agencies should be able to use either number without worrying about their trustworthiness. The EPA’s numbers are “the better choice moving forward,” Sarinsky said, because they draw on newer evidence than the working group’s.

  • New York Must Pass the Climate Change Superfund Act

    No amount of hoarded wealth will save corporations from facing the disastrous consequences of climate change. The same is true for state legislators. New Yorkers have nothing to fear from the Climate Change Superfund Act. According to an analysis by the Institute for Policy Integrity at NYU Law, these fees would not increase consumer gas prices. This is due to the fact that they are a fixed cost, rather than a current variable cost of production. Market forces of supply and demand discourage cost increase, which would lead consumers to bring their business elsewhere.