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  • Courts to the Rescue?

    August 20, 2018 – Boston Review

    Writing in The Hill, Bethany A. Davis Noll and Richard Revesz note that the scientific and evidentiary basis legally required for the Trump environmental regulations is largely absent. These legal deficiencies have led some experts to predict that the seeming revolution in regulatory policy will come a cropper, as federal judges on the D.C. Circuit and then the Supreme Court throw out the shoddy work. Courts to the rescue!

  • To Kill Climate Rule, EPA Proposes Redefining the Dangers of Soot

    August 6, 2018 – Scientific American

    “It would be hard for the Trump administration to say [the Clean Power Plan] is a net bad for the American people; the total benefits were significantly more than the cost,” said Richard Revesz, director of the Institute for Policy Integrity at New York University. Revesz noted that Trump’s EPA was only able to legally justify rolling back the rule by “mangling” the Clean Power Plan’s direct greenhouse gas benefits and its additional co-benefits of cutting pollutants like fine particles.

  • Trump’s Assault on Auto Pollution Rules Is the Latest Salvo in a War on States’ Rights

    August 2, 2018 – The Huffington Post

    It’s difficult to say whether the Trump administration can legally rescind the California waiver. A report New York University School of Law released Wednesday argued the EPA lacks the legal authority to withdraw the waiver. No president has ever tried. And, according to David Driesen, an environmental law professor at Syracuse University, arguing that the state’s CO2 rules don’t meet the standards set out in the Clean Air Act is “just not a plausible argument.”

  • Trump’s Decision to Rollback Fuel Standards Puts a Dark Cloud Over the Country

    August 2, 2018 – Forbes

    It’s difficult to say whether the Trump administration can legally rescind the California waiver. A report New York University School of Law released Wednesday argued the EPA lacks the legal authority to withdraw the waiver. No president has ever tried. And, according to David Driesen, an environmental law professor at Syracuse University, arguing that the state’s CO2 rules don’t meet the standards set out in the Clean Air Act is “just not a plausible argument.”

  • Trump Attack on California’s Emission Standards Faces Legal Battle

    August 2, 2018 – San Francisco Chronicle

    An essay by scholars at the New York University School of Law argues that the EPA lacks legal authority to revoke a state’s waiver before it expires. California’s waiver from the Obama administration, negotiated in 2013, is due to last until 2026.

  • Report Sees Flaws in DOE Plan to Support Coal, Nuclear Plants

    August 2, 2018 – Energywire

    There are legitimate policy options that could increase the resilience of the nation’s electricity grid, but subsidizing coal and nuclear plants are not among them, says a new report by the Institute for Policy Integrity at New York University School of Law.

  • Post-Pruitt Pragmatism on Display as New EPA Chief Alters Course

    August 1, 2018 – Bloomberg

    On July 26, Wheeler withdrew a “no action assurance” Pruitt signed his last day on the job that had promised the EPA would not enforce limits on so-called “glider trucks” that are retrofitted with rebuilt diesel engines lacking modern emissions controls. Wheeler’s pivot came eight days after the U.S. Court of Appeals for the District of Columbia Circuit issued a stay blocking Pruitt’s hands-off policy toward glider truck pollution. Lawsuits previously prompted the EPA to reverse course on policies around ozone pollution, landfill emissions and pesticides under Pruitt too, noted Bethany Davis Noll, litigation director at the New York University School of Law Institute for Policy Integrity.

  • Pruitt’s Successor Wants Rollbacks, Too. And He Wants Them to Stick.

    July 27, 2018 – The New York Times

    Prof. Richard L. Revesz, an expert in environmental law at New York University, said Mr. Wheeler was “trying to be more careful and less sloppy” than his former boss. “By taking time to improve the quality of the legal justifications, Wheeler may ensure that E.P.A. won’t be subject to losing on certain types of policies,” Professor Revesz said.

  • The Distraction of Pruitt’s Scandals Is Gone but That Won’t Make Deregulating Any Easier

    July 26, 2018 – The Hill (Opinion)

    Now that Scott Pruitt’s scandal-ridden tenure has ended, there are those who might like to think that the Environmental Protection Agency will be able to move past the distractions and roll back major environmental regulations successfully. But Pruitt’s time as EPA’s administrator was marked by more than just scandals. He also lost in court repeatedly when his deregulatory efforts were challenged.

  • Challenging the Anti-Regulatory Narrative

    July 23, 2018 – The Regulatory Review (Opinion)

    The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.