In the News

The Trump Administration’s commitment to deregulation has led the U.S. Environmental Protection Agency to take contradictory positions across administrative proceedings during the last four years, argues New York University School of Law Professor Richard L. Revesz in a forthcoming article.

The Environmental Protection Agency released one of its last major rollbacks under the Trump administration, limiting what evidence it will consider about risks of pollutants. “Ignoring these research findings will lead to uninformed and insufficiently stringent standards, causing avoidable deaths and illnesses,” Richard Revesz said in a statement.

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.”

Utilities that address climate risks will see benefits in their bottom lines, said Justin Gundlach, a senior attorney at the New York University School of Law's Institute for Policy Integrity. "The fundamental point here is that it would be cheaper if they just looked at this hard and made prudent investments," he said.

The Center on Global Energy Policy at Columbia University’s School of International and Public Affairs has issued a paper, in partnership with the New York University School of Law's Institute for Policy Integrity, detailing how the federal government can enable the construction of the transmission infrastructure necessary to decarbonize the country’s power generation.

Ricky Revesz, a New York University professor whose name has been floated as a possible Biden OIRA administrator, said generally the Trump administration's regulatory aggressiveness is "unusual." "It's part of a larger story to get stuff out at the very end where the regulatory initiatives are on the whole extremely harmful," he said. Revesz pointed to a Health and Human Services Department proposal that would force all the agency's regulations to sunset within 10 years, unless a review is completed.

Transmission is an area where DOE watchers say they are hoping Granholm takes the lead. "In the absence of legislation, critical long-distance transmission can be developed by applying existing federal legal authorities," researchers said in a report this month out of NYU Law School's Institute for Policy Integrity and Columbia University's Center on Global Energy Policy. It pointed at a 2005 act establishing DOE's authority to advance "national interest" transmission projects as the critical lever.

"To be clear, I don't read this as signaling that, given the chance, Clements would somehow make FERC into ‘an environmental regulator,'" said Justin Gundlach, senior attorney at the New York University School of Law's Institute for Policy Integrity. "I think her comment reflects a widely held view: climate change bears heavily on the energy sector in numerous ways, so if FERC is doing its job properly it can't ignore climate change."

The field for EPA administrator was opened to a half-dozen new contenders, including former EPA officials Michael Regan of North Carolina and Heather McTeer Toney of Mississippi and clean-air legal expert Richard Revesz.

In a December 14 amicus brief submitted in the U.S. Court of Appeals for the District of Columbia Circuit case, State of California, et al., v Andrew Wheeler, IPI says EPA’s failure to account for the “environmental cost” of foregone emissions reductions for methane and volatile organic compounds results in a deeply flawed cost-benefit analysis supporting its September 14 rule.