Institute for Policy Integrity logo

Twitter @policyintegrity

Publications

The Institute for Policy Integrity produces three types of publications: policy briefs, reports, and academic articles/working papers. Our policy briefs provide incisive and focused analysis on timely policy topics. Our reports develop deeper research on our core issues. Our academic articles and working papers offer original scholarly research and analysis from established experts as well as fresh new voices.

Latest Publications

  • Regulation and Distribution
    Academic Article/Working Paper

    Regulation and Distribution

    By Richard L. Revesz
    December 17, 2018

    This article, published in the New York University Law Review, tackles a question that has vexed the administrative state for the last half century: how to seriously take account of the distributional consequences of regulation. Academic literature has largely accepted the view that distributional concerns should be moved out of the regulatory domain and into Congress’s tax policy portfolio. In doing so, it has overlooked the fact that tax policy is ill suited to provide compensation for significant environmental, health, and safety harms. And the congressional gridlock that has bedeviled us for several decades makes this enterprise even more of a nonstarter. The time has come to make distributional consequences a core concern of the regulatory state – otherwise, future socially beneficial regulations could well encounter significant roadblocks. This article provides the blueprint for the establishment of a standing, broadly constituted interagency body charged with addressing serious negative consequences of regulatory measures on particular groups.

  • Deregulation Run Amok
    Report

    Deregulation Run Amok

    Trump-Era Regulatory Suspensions and the Rule of Law

    By Bethany A. Davis Noll and Alec Dawson
    November 13, 2018

    Our report provides a survey of the legality of Trump Administration’s regulatory suspensions. Looking at a number of cases, we discuss the administration’s disregard for notice-and-comment requirements, statutory restrictions, and the reasoned explanation requirement. We also lay out some of the challenges facing advocates, and the strategies by which agencies have evaded review.

  • No Turning Back
    Report

    No Turning Back

    An Analysis of EPA’s Authority to Withdraw California’s Preemption Waiver Under Section 209 of the Clean Air Act

    By Denise A. Grab, Jayni Hein, Jack Lienke, Richard L. Revesz
    October 26, 2018

    For 50 years, California has enjoyed unique authority to regulate air pollution from newly manufactured motor vehicles. While the Clean Air Act preempts all other states from setting their own vehicle emission standards, California can request a waiver to do so if it determines that its standards are at least as protective of public health and welfare as federal standards issued by the U.S. Environmental Protection Agency (“EPA”). Once a waiver is granted, other states can adopt California’s more stringent vehicle emissions standards as their own. EPA has now proposed to withdraw the waiver California received in 2013 to set its own greenhouse gas emission standards. Because a waiver withdrawal would be entirely unprecedented, neither courts nor legal scholars have previously had cause to discuss the circumstances, if any, under which a waiver might permissibly be withdrawn. This report analyzes whether EPA possesses revocation authority and, assuming it exists at all, when and how such authority may be exercised. It is an update to the August 2018 version of the same report.

  • The Future of Distributed Generation
    Academic Article/Working Paper

    The Future of Distributed Generation

    Moving Past Net Metering

    By Richard L. Revesz and Burcin Unel
    August 8, 2018

    This article provides an overview of the benefits and the costs of distributed generation and highlights the analytical flaws and missing elements in the competing positions and in most existing policies. We propose an alternative approach that recognizes the contributions to the electric grid of both utilities and distributed generators. The article is excerpted and revised from a longer academic article, “Managing the Future of the Electricity Grid: Distributed Generation and Net Metering,” which was selected by Environmental Law Reporter as one of the five best environmental law articles published in the 2017-2018 academic year.

  • Toward Resilience
    Report

    Toward Resilience

    Defining, Measuring, and Monetizing Resilience in the Electricity System

    By Burcin Unel and Avi Zevin
    August 1, 2018

    Grid resilience—generally, the electric grid’s ability to resist/absorb, manage, quickly respond, and recover from/adapt to high-impact, low-probability external shocks—has been a concern for electric utilities and energy planners for decades. While recent extreme weather and cyber security concerns have prompted the federal government to pursue policies that support coal and nuclear power plants, a more systematic focus on resilience will lead to very different solutions than what has been proposed by the Department of Energy. Our report aims to assist policymakers in understanding grid resilience and evaluating potential interventions aimed at improving grid resilience.