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  • Azar’s ‘Sunset Rule’ Will Bring a Dangerous New Dawn for Health Regulation

    • Jack Lienke

    The Department of Health and Human Services' insidious new policy, known as the Sunset Rule, commits it to reassessing the economic impacts of almost every one of the department’s existing regulations and establishes an extreme penalty for noncompliance: If a regulation is not reviewed by its 10th anniversary, it simply blinks out of existence. HHS claims the power to repeal thousands of rules at once without so much as explaining what they do, much less justifying the harm that could arise in their absence.

  • 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.

  • Biden Team in a Bind Over Reversing EPA’s ‘Secret Science’ Rule

    EPA Administrator Wheeler said the Congressional Review Act can’t be used because the rule is “an internal housekeeping regulation that does not affect external people to the agency,” and because it isn’t economically significant, meaning it isn’t expected to have an annual effect on the economy of at least $100 million. But Richard Revesz cast doubt on that analysis. “Whether a rule qualifies for disapproval is up to Congress to determine,” Revesz said. “Wheeler’s views are entitled to no deference. The decision is not up to him.”

  • Reviving Regulatory Rationality

    For decades, there has been a bipartisan consensus that federal agencies should base their decisions on evidence, expertise, and analysis. But under the Trump Administration, inconvenient evidence has often been ignored, experts have been sidelined, and analysis has been misused to intentionally obscure important truths. In this episode, we talk to Prof. Michael Livermore (University of Virginia School of Law) and Prof. Richard Revesz (New York University School of Law) to discuss current challenges as well as considerations for the road ahead. Their new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health, offers analysis on critical aspects of the regulatory process and calls for the reinstatement of expertise, sound cost-benefit analysis, and the rule of law in public administration.

  • “Reviving Rationality” with Michael Livermore and Richard Revesz

    In 2008, Michael Livermore and Richard Revesz wrote Retaking Rationality, a book arguing that cost-benefit analysis of regulations should be recognized not as an anti-regulatory weapon, but rather a nonideological tool for promoting good government. Now they return with a new book, Reviving Rationality, which analyzes developments since 2008, and proposes further reforms for cost-benefit analysis going forward. They discuss it with the C. Boyden Gray Center for the Administrative State’s Executive Director, Adam White.

  • Members of Congress, Medical Associations, Policy Experts, Nonprofits, States, Counties, and Cities Support Fight Against Healthcare Refusal Rule

    Multiple amicus briefs were filed in support of Attorney General Becerra’s challenge of the Trump Administration’s “Healthcare Refusal Rule." The Institute for Policy Integrity wrote that "It is difficult to imagine how a rule could cause more workers to assert a right to deny care without also causing an increase in denials of care. HHS cannot have it both ways."

  • Climate Change’s New Ally: Big Finance

    • Madison Condon

    What are we to make of this seeming sea change in corporate social responsibility? Critics are correct in pointing out that these measures fall far short of what is needed to avoid catastrophic levels of warming. But to observers of corporate governance, this level of climate activism is unprecedented, almost shocking—and without an analytical vocabulary to make sense of it. To understand this recent rise in institutional investor activism, one has to look at the shifting composition of the major players in capital markets over the past decade.

  • Trump Has the Worst Record at the Supreme Court of Any Modern President

    The Trump administration is inept. Evidence for this can be found in the administration’s victory record in the lower courts, where more run-of-the-mill cases are decided than in the Supreme Court. There, an astonishing statistic reveals itself: According to the Institute for Policy Integrity at New York University Law School, only 11 percent of Trump administration regulatory actions prevailed in the lower courts; the other 89 percent were blocked by courts or withdrawn. In contrast, academic research indicates that earlier presidents, since the 1990s or so, have prevailed 60 to 70 percent of the time on regulatory matters in the lower courts.

  • The Supreme Court’s 2019-2020 Regulatory Term

    The Regulatory Review has invited leading scholars and analysts from across the country to assess the Court’s regulatory decisions from its recently concluded term. New York University School of Law's Richard Revesz will discuss Seila Law LLC v. Consumer Financial Protection Bureau, and how, in striking down the for-cause provision governing the removal of the Consumer Financial Protection Bureau’s single director, the Court implausibly distinguished this case from settled precedent, keeping an important building block of the administrative state in place for now. His essay will be published on August 5.

  • Trump’s Deregulatory Agenda Has ‘Exacerbated’ the Covid-19 Pandemic

    The Trump administration’s relentless push to gut dozens of environmental and public health safeguards worsened the COVID-19 pandemic in the United States, a new report from New York University School of Law found. The lengthy analysis, which NYU’s Institute for Policy Integrity published Tuesday, comes as President Donald Trump and his team act as if the coronavirus threat is waning — when the U.S. outbreak stands out as one of the worst in the world — and as they work to finalize a frenzy of environmental rollbacks ahead of November’s election.