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  • The Regulatory Process Needs A Boost in Public Participation, the Biden Administration Says

    Federal regulations touch virtually all aspects of American lives, so the Biden administration wants to hear from you on how it can boost public participation in the rulemaking process. Upon taking office, almost two years ago, President Biden issued a memo on modernizing regulatory review, which has not been finalized yet. The president nominated Richard Revesz, most recently the AnBryce Professor of Law and Dean Emeritus at the New York University School of Law, to lead OIRA.

  • The Major Questions Doctrine Reading List

    The Yale Journal on Regulation's blog compiled a reading list on the "major questions" doctrine. The list features Mangling the Major Questions Doctrine by Natasha Brunstein & Richard L. Revesz, which attributes the expansion of the doctrine over the last six years to its aggressive use by the Trump Administration.

  • Biden’s Regulations Nominee Left in Limbo With Rules Spree Ahead

    If confirmed, Revesz would be uniquely positioned to help shield the president’s climate regulations from legal scrutiny, a challenge that has derailed the administration’s decisions repeatedly. While at New York University, Revesz tracked and evaluated the Trump administration’s poor record defending its environmental decisions in court.

  • Reclaiming the Deep State

    Revesz's writings point out that costs and benefits may hit different classes and races differently. Suppose costs were imposed mainly on the poor (which is the history of the failure to regulate pollutants) while benefits went to the rich. And suppose a regulation reversed that pattern. Distributional analysis would show that it is well worth enacting, in contrast to traditional cost-benefit analysis, which looks at averages or, worse, values the life of a poor person as worth less than the life of a rich one. Revesz, assuming he is confirmed, will soon get the chance to put these revolutionary concepts into practice.

  • Meet Richard Revesz, Biden’s Choice for Rules Czar

    The White House has chosen a regulatory review chief who has spent decades analyzing the real-world impacts of executive rulemaking. Richard Revesz, who was nominated this month to head the White House’s Office of Information and Regulatory Affairs, has published multiple volumes on how the government can measure the costs and benefits of its rulemakings. The New York University law professor and founder of the Institute for Policy Integrity also is an expert on environmental litigation — an important attribute given the role a conservative Supreme Court now plays in shaping regulatory policy.

  • Think Twice About Working for a ‘Climate Villain’

    The quality of lawyering matters. For proof of this, you need look no further than the experience of one Donald Trump. Presidents normally win about 70 percent of their regulatory-law cases, The Washington Post has reported. But the Trump administration lost 78 percent of its cases, according to data from the Institute for Policy Integrity at the NYU School of Law.

  • Biden Nominates NYU’s Revesz To Serve As OIRA Administrator

    President Joe Biden is nominating Richard Revesz of New York University (NYU) law school to serve as the administrator of the White House Office of Information & Regulatory Affairs (OIRA), a key office that conducts interagency reviews of EPA and other federal rulemakings before they are released. Revesz, who founded NYU’s Institute for Policy Integrity (IPI), has long been considered a top nominee but could not be reached for comment.

  • A Judicial Threat to Conservation

    If courts can simply wipe away regulations at their discretion, it will have profound effects on how environmental agencies behave. According to the Institute for Policy Integrity at the New York University School of Law, judicial intervention led to significant setbacks to President Trump’s agenda, with the administration winning a mere 6 percent of cases against it.

  • It’s Time for OMB to Refashion Its Guidance on Analytical Time Frames

    Federal agencies often fail to justify the analytical time frames they use in their cost-benefit analyses, even when their chosen time frame clearly truncates a policy’s costs and benefits. Lance Bowman summarizes his recent report's recommendations for how the Office of Management and Budget (OMB) can address this problem through standardized guidance to agencies.

  • EPA, Reversing Trump, Will Restore States’ Power to Block Pipelines

    The Biden administration on Thursday will move to restore authority to states and tribes to veto gas pipelines, coal terminals and other energy projects if they would pollute local rivers and streams, reversing a Trump-era rule that had curtailed that power. Richard L. Revesz, a professor of environmental law at New York University, said he did not believe the actions by the Biden administration would affect prices at the pump, since the Trump administration’s limits would remain in place until the Biden rule is finalized, most likely next year. “Keeping the Trump rule in place is not going to keep gas prices low, and removing the Trump rule is not going to raise gas prices,” he said.