Newsletters

October 30, 2023

• 

  FTC Adopts Policy Integrity’s Proposal to Ban Hidden Fees

  The hidden fees that often appear just before ticket purchases, hotel reservations, and other transactions may soon be banned, in large part due to Policy Integrity’s efforts. In 2021, Policy Integrity staff and clinic students submitted a petition for rulemaking to the FTC proposing it ban “drip pricing” – the deceptive practice in which companies hide mandatory fees until the last steps of a transaction. We were therefore thrilled to see this month’s proposed rule that would impose such a ban. The rule references Policy Integrity’s work more than a dozen times, including our 2023 comment letter supporting the FTC’s authority to issue such a regulation. Max Sarinsky, who contributed extensively to our work on the petition and comments, called the rule “broadly supported, sorely needed, and well within the agency’s authority” in a statement earlier this month. He also argued in a 2021 New York Times essay that the ban represents more than just a boon for consumers: With all businesses required to post prices upfront, honest firms should no longer stand to lose market share to competitors that employ deception to get ahead.

• 

  Small Change to Vehicle Standards Could Have Large Benefits

  Is the National Highway Traffic Safety Administration (NHTSA) taking the best route to improving vehicle efficiency? Right now, passenger vehicles are much more efficient on average than light trucks, providing greater opportunities to boost efficiency in the latter. But NHTSA’s recently proposed Corporate Average Fuel Economy Standards raise these values in tandem. In comments to the agency, we suggested that NHTSA consider raising standards for light trucks at a much faster rate than those for passenger vehicles. If NHTSA were to decouple the standards for these two vehicle classes, it could greatly and cost-effectively increase the fuel savings and emissions-reduction benefits of the rule. We also made suggestions for how best to calculate the benefits associated with reduced greenhouse gas emissions in joint comments submitted alongside other environmental organizations.

• 

  November 6th Conference: State-Level Pathways to Zero-Emissions Electric Grids

  As several states chart a path toward net-zero economies, they must confront questions about how to design zero-emissions electric grids. On November 6th, we are hosting a conference focusing on the technical and economic characteristics of a zero-emissions electric system; challenges to achieving such a system at the state level and possible policy solutions; and how states can foster zero-emissions electric systems in a just and equitable manner. The conference will feature a keynote address from New York Public Service Commission Chair Rory Christian. This event has been approved for 4 New York State CLE credits for in-person attendees. Register here to attend in-person or online.

• 

  Upcoming Webinars: Industrial Decarbonization (11/8) & Critical Raw Materials (11/15)

  In addition to building more renewables and strengthening the grid, policymakers looking to accelerate the energy transition need to address tricky technical problems including decarbonizing industrial processes (like cement production) and securing critical raw materials (like cobalt). Two upcoming Policy Integrity webinars will focus on these issues. On November 8th, leading researchers will discuss their work on industrial decarbonization alongside the director of the U.S. Department of Energy's Industrial Efficiency and Decarbonization Office. Then, on November 15th, we will co-host an event with the European University Institute's Florence School of Regulation at which high-level officials from the U.S. and E.U. will discuss recent laws on both sides of the Atlantic and their implications for access to critical raw minerals. Click on the dates above to register for each webinar!

• 

  New Developments in Landmark SCOTUS Case

  SCOTUS watchers anxiously awaiting Loper Bright v. Raimondo – a case that may have major implications for regulatory agencies – have long known that only eight justices would decide the case. Because Justice Jackson already participated in the Loper Bright litigation while on the D.C. Circuit, she is recused from hearing the case again. Her absence would have left the Court with only eight justices to decide the future of Chevron deference – a much-cited doctrine that instructs courts to defer to agencies’ reasonable interpretations of ambiguous statutes. After it was reported that there was another virtually identical petition raising the same question, our Don Goodson wrote an op-ed arguing that that case, Relentless, Inc. v. Department of Commerce, was actually the better of the two cases for the Court to hear. Goodson suggested that the Court grant the Relentless petition; better yet, he argued the Court should swap the cases and hear Relentless instead of Loper Bright as it was virtually identical but had no recusal issues. In the end, the Court decided to hear Relentless side-by-side with Loper Bright, ensuring that all nine justices will be able to weigh in on what may be the most important administrative law case of the year. 

• More from This Month

  • We submitted comments to the Department of Energy on the coordination of federal authorizations for electric transmission facilities.
  • The Michigan Public Service Commission issued an order in a benefit-cost analysis matter that adopted several of our recommendations and cited our work multiple times.
  • BOEM's recently-released, five-year leasing plan included extensive changes in response to our comments and reports.

  We are currently seeking applicants for legal, economic, and research positions. Please check our website for detailed job descriptions.