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  • Amicus Brief for the En Banc Sixth Circuit on the Scope of the Congressional Review Act’s “Substantially the Same” Test

    In recent years, Congress has extensively used the Congressional Review Act (CRA) to veto agency rules. A CRA resolution not only rescinds the agency rule, but prevents the agency from ever reissuing a rule that is “substantially the same” as the disapproved rule. This case tests the meaning of “substantially the same.” Our brief defends a prior Sixth Circuit panel’s ruling, explaining that the CRA’s “substantially the same” test looks at the entire rule, not each provision separately. Our brief analyzes the CRA’s text, caselaw, legislative history, and Congressional practice to support this argument. It also explains that Petitioners’ reading is untenable and would produce unprecedented and highly odd results. The interpretation of the “substantially the same” provision will have significant implications for agency authority following a CRA resolution.

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  • Institute for Policy Integrity Launches Tool To Estimate the Health Damages of Air Pollution

    The Institute for Policy Integrity at NYU School of Law has launched a new data tool that estimates the health and mortality costs to society from industrial air pollution. Polluting facilities in many industries generate air pollutants that form ozone and particulate matter, which harm the health of Americans and can lead to death, asthma, heart attacks, and many other respiratory and cardiovascular illnesses. The new calculator fills a void that resulted from the Environmental Protection Agency’s (EPA’s) decision to no longer quantify the impacts of air pollution on human health in regulatory analyses.

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  • From Subsidies to Systems Cover

    From Subsidies to Systems

    Rethinking Policy Design for Scaling CO₂ Transport Infrastructure

    We assess whether current public support mechanisms for CO2 transport infrastructure align with the economics and maturity of the emerging carbon capture and storage (CCS) industry, and identify more effective policy design principles. The investment risk associated with transport & storage (T&S) infrastructure is a main barrier to scaling CO2 transport networks, yet dominant policy instruments (volumetric subsidies for capture) do not address this constraint. State-led approaches can enable final investment decisions but may create long-term subsidy dependence, while purely regulatory frameworks can provide long-term certainty without overcoming the initial chicken-and-egg problem. Drawing on the economics of CO2 networks, evidence from CCS governance, and lessons from offshore wind and long-duration energy storage, we argue that effective CCS policy should prioritize de-risking T&S investment at earlystages, in particular through socialization of network costs, before transitioning toward performance-based instruments asthe market matures.

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  • Comments to the New York State Energy Research and Development Authority and Department of Public Service Staff on New York’s Tier 1 Index Renewable Energy Credit program

    The New York State Energy Research and Development Authority and Department of Public Service Staff recently proposed modifications to New York's Tier 1 Index Renewable Energy Credit program—the mechanism through which the state procures new large-scale renewable development. The updates aim to save ratepayers money by reducing the need for developers to incorporate costly risk premiums into their REC bids. In our comments, we argue the agencies’ proposal relies on some unexplained assumptions and outdated EPA data.

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  • Research Priorities for Robust Climate Assessments in the United States Cover

    Research Priorities for Robust Climate Assessments in the United States

    Scientific assessments are critical in informing households, communities, businesses, institutions, and governments as they respond to intensifying climate hazards. As climate change impacts accelerate, the pace of assessment and integration of science with decision-making and action must accelerate as well. A network of U.S. climate assessment efforts could rapidly synthesize actionable science and case studies to inform climate response strategies. To support future processes, this paper presents a selection of foundational topics needing assessment and near-term research across climate impacts, risks, and actions from the perspective of the U.S. and some of its key regions, environments, and economic sectors.

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  • Training Module Cover

    Training Module

    State Participation in PJM Long-Term Scenario Development

    Federal Energy Regulatory Commisson Order No. 1920 requires PJM to incorporate state policies into its long-term transmission modeling. States have many policies that affect electricity supply and demand. But only policies described in a way that PJM can model will affect the amount of transmission need that PJM identifies. Policies that PJM can straightforwardly convert into model inputs include demand-side policies, resource retirements, resource-specific capacity targets, and renewable or clean energy standards. This issue brief describes each of the transmission-driving policy inputs states can provide and illustrates their importance using Policy Integrity’s own model.

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  • Comments to the Department of Housing and Urban Development on Its Proposed Rescission of Updated Floodplain Management Standards

    In 2024, the Department of Housing and Urban Development (HUD) updated its floodplain management standards to increase the resilience of HUD-assisted and -insured projects to the effects of climate change (2024 Rule). In particular, the 2024 Rule modernized HUD’s approach to defining the floodplain by incorporating forward-looking information that reflects climate change’s effects on flood risk. HUD now proposes to rescind that rule, relying on poorly supported economic arguments. Policy Integrity submitted a comment letter regarding HUD’s Proposed Rule that raises several criticisms.

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  • Comments to EPA on Proposed Revisions to Emissions Standards for Heavy-Duty Engines and Vehicles

    In 2023, EPA updated its emissions standards for heavy-duty engines and vehicles, but the agency now seeks to weaken many provisions of the 2023 Rule and spurns decades of agency practice and an enormous scientific record by declining to incorporate in its analysis any estimates of the impact of increased concentrations of particulate matter and ozone on human health. We submitted comments to EPA, along with our partners at Clean Air Task Force, Environmental Defense Fund, Montana Environmental Information Center, Natural Resources Defense Council, Sierra Club, and Union of Concerned Scientists, explaining that the agency’s new claim that these estimates are too uncertain is flawed for numerous reasons.

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  • Integrating Heterogeneity into Benefit-Cost Analysis Cover

    Integrating Heterogeneity into Benefit-Cost Analysis

    Last year, the Trump Administration ended longstanding efforts to determine the extent to which pollution has disproportionate impacts on different communities, including overburdened and disadvantaged communities. But, at the same time, it reaffirmed its commitment to performing benefit-cost analysis to analyze the consequences of regulations, including environmental regulations. These approaches are mutually inconsistent. A proper benefit-cost analysis simply cannot be done without considering distribution of a policy’s impacts. Often, the populations affected by government policies vary from the median in significant ways. Heterogeneity by age, race, income, and other factors is relevant to the assessment of the benefits and costs of particular policies for three principal reasons. On the benefits side, certain groups face higher levels of exposure to environmental harms and higher harms from exposure to an additional unit of pollution than does an average member of the population. Also, certain groups have higher vulnerability to particular exposures. And, on the cost side, certain groups bear higher burdens because of differences in geography, spending patterns, and other behaviors. This article provides a robust review of the scientific, epidemiological, and economic literature for each of these mechanisms, surveys what agencies have already done, and sets forth an agenda for future research.

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  • Comment Letter on the Bureau of Land Management’s Rescission of Its Rule to Prevent Methane Waste

    In June, the Bureau of Land Management proposed to rescind key elements of its 2024 rule to reduce waste of natural gas from venting, flaring, and leaks on federal lands, including the leak detection and repair program. As our comment explains, the agency's analysis is severely inadequate.

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