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Recent Projects

Viewing recent projects in Consumer and Healthcare Protection
  • Amicus Brief in SDNY on Healthcare Nondiscrimination Rule

    A rule by the Department of Health and Human Services would narrow the scope of civil rights protections for patients under the Affordable Care Act. We filed an amicus brief in the U.S. District Court for the Southern District of New York explaining how HHS fails to acknowledge, let alone weigh, the significant social harms resulting from the rule.

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  • A Pileup Cover

    A Pileup

    Surface Transportation Market Failures and Policy Solutions

    Guided by economic principles, this report summarizes the well-established economically efficient policy solutions and outlines several options for reforming surface transportation that account for technological, institutional, and political realities. It also highlights the unequal burden of market failures in the transportation sector and policy solutions that can help lead to a more just outcome.

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  • Comments to EPA on Proposed Dust-Lead Pollution Rules

    The Environmental Protection Agency (EPA) proposed revisions to dust-lead post-abatement clearance levels. We submitted comments emphasizing how EPA, itself, concedes that the economic analysis supporting the rule is inaccurate.

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  • Amicus Brief in Appeal of Conscience Protections Decision

    Last fall, three federal courts—in the Southern District of the New York, the Northern District of California, and the Eastern District of Washington—vacated the Department of Health and Human Services’ conscience rule, which sought to expand healthcare providers’ rights to deny care on religious or moral grounds. In amicus briefs supporting the vacatur, Policy Integrity criticized HHS for, among other things, failing to consider the new policy’s likely health costs for women and LGBT individuals.

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  • Comments to Department of Labor on Rule Limiting ESG Investments

    The Department of Labor proposed a rule that would impose limitations on investors’ ability to choose investments in Environmental Social and Governance (ESG) strategies. We worked with the Environmental Defense Fund to submit comments focusing on the proposal’s flaws.

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  • Amicus Briefs on Navigable Waters Protection Rule

    In April, the Environmental Protection Agency (EPA) and Army Corps of Engineers published the Navigable Waters Protection Rule, which considerably restricts the waters and wetlands that are federally protected under the Clean Water Act. We filed briefs in the Northern District of California and District of South Carolina focusing on the agencies’ economic analysis, which the agencies use to obscure the rule’s anticipated harms. We later filed in the Tenth Circuit Court of Appeals.

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  • Weakening Our Defenses Cover

    Weakening Our Defenses

    How the Trump Administration’s Deregulatory Push Has Exacerbated the Covid-19 Pandemic

    The failure of the federal government to adequately safeguard the health, environment, and economy of the United States with efficient regulatory protections is not a new phenomenon. For over three years now, the Trump administration has systematically delayed, undermined, and erased key regulations that protect our health, our environment, our workplaces, our living conditions, and our economy. The steady erosion of regulatory safeguards has severely compromised our baseline defenses against Covid-19.

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  • Amicus Brief on EPA’s Revocation of the California Auto Emissions Waiver

    We filed a brief in the D.C. Circuit supporting a challenge to the Environmental Protection Agency’s (EPA) decision to revoke the waiver of preemption that allowed California (and more than a dozen states following California's standards) to set critical auto emission standards to further restrict greenhouse gases and other harmful air pollutants. EPA wrongfully concluded that it has virtually unconstrained authority to revoke a preemption waiver under Section 209(b) of the Clean Air Act. We explain how the agency overlooks key countervailing principles and misconstrues the purpose and mechanics of the waiver provision.  

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  • Amicus Brief on Borrower Defense Rule

    We filed a brief in the U.S. District Court for the Southern District of New York supporting a challenge to the Department of Education’s replacement for a 2016 regulation known as the Borrower Defense Rule. The replacement rule makes it much harder for student borrowers who have been defrauded by for-profit colleges to get their loans discharged—and for the government to recover the value of those discharged loans from the offending institutions. Our brief focuses on serious flaws in the Department’s economic analysis of the new policy. Most notably, the Department fails to consider the costs of forgone debt relief for borrowers and refuses to acknowledge that reducing financial accountability for institutions will encourage them to engage in more fraud.

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  • Comments to EPA on Delay of Emissions Rule for Wood Heaters

    The Environmental Protection Agency (EPA) is proposing to amend the 2015 New Source Performance Standards (NSPS) for residential wood heating devices, purporting to respond to retailer needs in the wake of the COVID-19 pandemic. Our comments detail how how the proposal contradicts the Clean Air Act’s mandate and longstanding agency guidance. The proposed rule will, even under the agencies’ own analysis, cause net harms to the public without providing any reasonable justification.

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