Recent Projects

The Department of Health and Human Services (HHS) has proposed to retrospectively and prospectively establish an "expiration date" for each of its regulations. Under the proposed rule, regulations would be automatically rescinded unless HHS first completes a restrospective review of the regulation's effects on small entities pursuant to the Regulatory Flexibility Act. We submitted comments criticizing the proposal, which is neither lawful nor rational.

The Environmental Protection Agency and National Highway Traffic Safety Administration used several gimmicks and faulty assumptions to skew the analysis of the rollback rule, obscuring just how harmful it is to the American public. We published a series of reports examining several of the flaws.

The U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Homeland Security’s “Public Charge” rule is both contrary to statute and arbitrary and capricious. Our amicus brief in the case played a key role in shaping the decision. The Ninth Circuit adopts our core arguments, emphasizing how Homeland Security fails to assess the rule's harms and draws conclusions that are contradicted by the record.

The Federal Energy Regulatory Commission proposed a policy statement on carbon pricing in organized wholesale electricity markets. We submitted comments encouraging FERC to strengthen its proposal by making specific clarifications. We later submitted reply comments addressing points made by other commenters and providing further guidance on how FERC can improve its final policy statement.

Complainants in an ongoing proceeding ask that the Federal Energy Regulatory Commission (FERC) make changes to the New York Independent System Operator (NYISO)'s capacity market that would impose offer floors on all capacity market bids by state-supported renewables. We submitted comments showing why the complaint's arguments and evidence fall short of the legal standards required for FERC to make the findings and grant the relief requested.

New York State's Department of Environmental Conservation (DEC) has adopted a damage-cost approach to valuing carbon dioxide pollution. We submitted comments on the DEC's draft guidance supporting the policy. Our comments also raise points about the appropriate use of discount rates, calculating damages for other greenhouse gases, inclusion of co-benefits in analysis, and further considerations for a marginal abatement cost approach.

ONRR has proposed to roll back large portions of the Valuation Rule, after previously failing in court to both suspend the rule and repeal the rule.  We submitted comments explaining that the agency has failed yet again to provide a reasoned explanation for the rollback. 

The expansion of the Bull Mountains Mine project in Montana would allow for an increase in coal production likely resulting in more than $9 billion in climate damages. We filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit criticizing the Office of Surface Mining’s analysis of the project, which fails to monetize climate impacts using the social cost of carbon. We explain that the project’s full economic benefit is, at most, just one-third of its expected climate costs. 

A proposed oil and gas lease sale in Colorado would offer over 45,000 acres in areas valuable for recreation, wildlife, environmental conservation, and tourism. We submitted comments explaining how the Bureau of Land Management’s (BLM) environmental assessment neglects its duties to manage public lands for multiple uses and consider more limited leasing scenarios.