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  • Judge Slaps Down Trump Ploy to Force Elderly into Nursing Homes

    Team Trump lost a court battle that could have pushed our nation’s low-income elderly, disabled and blind out of their own homes and into deathtrap nursing homes during the pandemic. The defeat is yet another loss for Team Trump. Administrations usually win 70% of the cases brought against them, but the Trump administration won only about 16% of 132 decided lawsuits, according to research by Bethany Davis Noll, litigation director of the Institute for Policy Integrity at the New York University School of Law.

  • Biden Can Make Historic Strides on Climate After Four Years of Trump Vandalism

    Trump began or completed the process of rolling back 125 environmental rules and regulations, according to an analysis by the Washington Post. Most of those initiatives came under legal attack. The Trump administration lost 82 of 100 legal decisions related to rule making on energy, the environment and natural resources, calculates the Institute for Policy Integrity of New York University's law school. Often these adverse rulings were based on the lack of a suitable administrative record to support the rules — the result of laziness or incompetence at the agency level.

  • “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.

  • The Future of Cost-Benefit Analysis, with Michael Livermore and Richard Revesz

    Host Kristin Hayes talks with Michael Livermore and Richard Revesz, cofounders of the Institute for Policy Integrity at the New York University School of Law and coauthors of the new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. Looking forward, Livermore and Revesz contend that a Biden administration should review federal guidelines for conducting cost-benefit analysis and update the process based on the best available science.

  • SAB Moves Closer to Support for EPA’s Revised Cost-Benefit Guidelines

    EPA’s Science Advisory Board is moving closer to supporting the agency’s revised guidelines on counting the costs and benefits of rules with a draft review of the plan that includes caveats on the “discount” rate and other issues. Jason Schwartz, legal director of the Institute for Policy Integrity at the New York University School of Law, said the 7 percent discount rate is unwarranted, and the SAB panel should reject it.

  • What Will Regulatory Policy Look Like Under President Biden?

    Since many of Trump’s regulatory actions are being challenged in court the Biden team could settle the arguments. Although the Trump administration was aggressive in its deregulation, it has not had as much success in court. “The overall success rate right now is 15.6%” for cases on deregulation or policy making, which “stands in stark contrast to prior administrations,” Bethany Davis Noll, litigation director for the Institute for Policy Integrity at the New York University School of Law.

  • Biden Expected to Quickly Pivot to Sweeping Climate Regulatory Agenda

    Biden’s regulatory agenda is widely expected to be more ambitious than his Capitol Hill plans, given the decent chances that Republicans will retain control of the Senate and would reject major climate action. “It would have to be an across-the-government effort so very ambitious goals can be realized,” says Richard Revesz, a law professor at New York University. “I expect to see all levers of the federal government mobilized in appropriate ways to at first repeal very pernicious policies of the Trump administration and then set forth an attractive affirmative agenda.”

  • Rolling Back Trump’s Rollbacks: Biden Seen Reversing Climate Deregulation

    Joe Biden could erase much of President Donald Trump’s four-year legacy of energy and climate deregulation with the stroke of his pen, according to regulatory experts, but replacing it with something new and durable may prove trickier. Further, many of Trump’s domestic energy deregulatory policies never took full effect due to court challenges. The Trump administration has lost 84% of its energy- and environment-related lawsuits, according to New York University Law School’s Institute for Policy Integrity.

  • Trump Administration Wins Only 36% of Time Before GOP-Appointed Judges in Agency Rule Challenges, Study Finds

    The Trump administration has won only 36% of court challenges to agency decisions before GOP-appointed judges, according to a study by Bethany Davis Noll, a professor at the New York University School of Law. Presidents Ronald Reagan, Bill Clinton, George H.W. Bush and George W. Bush fared better before politically aligned judges in such cases, winning 68% to 84% of the time. Thomson Reuters Legal summarized the study, while Noll and Christine Pries summarized the findings in an article for the Hill. The study counts an appellate panel as Republican if a majority of the judges are appointed by GOP presidents.

  • Report: Trump Half as Successful as Predecessors in Rules Challenges, Even with Republican-Appointed Judges

    President Donald Trump has won court cases challenging agency decisions by his administration 36% of the time when facing judges appointed by Republican presidents and panels of judges whose majority was made up of Republican appointees, according to a forthcoming analysis by NYU School of Law’s Institute for Policy Integrity. Previous studies show that four of his predecessors, when also up against politically-aligned judges, won cases 64% to 84% of the time.