The Institute for Policy Integrity produces a variety of publications. Our research reports develop in-depth research on our core issues, while our policy briefs and issue briefs provide focused analysis on more timely or particular topics. Our academic articles and working papers offer original scholarly research and analysis from established experts as well as fresh new voices.
Latest Publications
-
Major Rules in the Courts
An Empirical Study of Challenges to Federal Agencies’ Major Rules
This working paper summarizes the first empirical study of how major rules, as defined under the Congressional Review Act (CRA), fare in federal court. The study covers each of the 1,870 major rules issued from the CRA’s enactment in 1996 through the end of the Trump Administration. The roughly 24-year period covering four administrations (two from each party) is the longest continuous timespan of any empirical study of agency win rates.
-
The Narrow Reinterpretation: The Oil and Gas Industry’s Retreat from the Broad Permitting Authority It Long Embraced
Published in the Harvard Environmental Law Review Online
What's the function of oil and gas permitting agencies? Despite broad statutory grants to federal agencies, oil and gas companies increasingly argue that the role of those agencies is to promote development regardless of whether it is socially desirable. But this “Narrow Reinterpretation,” in addition to lacking textual support, is at odds with longstanding practice. What changed? Not the governing statutes, at least not in pertinent part. But the energy sector has: renewable sources have replaced coal as the primary competitors to oil and gas.
-
Accounting for Nature’s Value
National accounts—which measure a country’s aggregate economic activity, including Gross Domestic Product (GDP)—largely ignore natural capital and ecosystem services. This omission occurs because national accounts heavily rely on market transactions to identify and value economic activity, whereas ecosystems’ contributions occur most commonly outside markets. This leads governments, businesses, and decisionmakers to ignore or misidentify some sources and uses of their income and wealth, skewing their decisionmaking. Recognizing these shortcomings, many countries, including the United States, are increasingly moving towards Natural Capital Accounting (NCA), a system of measuring natural capital and ecosystem services in a way that allows for their integration with national accounts. In this report, we provide an overview of NCA for non-economists.
-
The Social Cost of Greenhouse Gases: An Overview
A Primer on EPA’s Updated Values for Policymakers and Practitioners
In December 2023, EPA finalized updated values for the social cost of greenhouse gases (SC-GHG), following public comment and expert peer review. The agency derived these estimates using the best available science and economics, and the estimates represent a significant step forward in our ability to properly value climate effects. The brief is intended to introduce policymakers and practitioners to the SC-GHG, break down EPA's updated values, and explain why they represent a powerful tool that can streamline decisionmaking and policy analysis.
-
Regulatory Antecedents and the Major Questions Doctrine
Published in the Georgetown Environmental Law Review
In recent years, federal courts have increasingly assessed the legality of regulatory action by considering its antecedents, or lack thereof, in prior agency actions. Yet as this article explains, federal agencies have insufficiently adapted to this increased judicial focus on regulatory antecedents. While significant agency rulemakings typically include extensive dockets with many different types of analysis, they have generally provided limited analysis of regulatory antecedents. This article suggests that agencies more extensively catalog regulatory antecedents at all stages of the rulemaking process, from drafting to promulgation.