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

  • 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scholars have previously had cause to discuss the circumstances, if any, under which a waiver might permissibly be withdrawn.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.

  • Congress and the Executive
    Academic Article/Working Paper

    Congress and the Executive

    Challenging the Anti-Regulatory Narrative

    By Richard L. Revesz
    August 15, 2018

    Critics of the administrative state have been urging Congress to rein in regulatory action, claiming that regulations created by executive agencies are undesirable as a matter of policy and are in violation of constitutional principles. In a troubling development, the Trump Administration has also turned away from cost-benefit analysis in order to carry out its anti-regulatory agenda, disregarding an established bipartisan consensus that stretched back several decades. This article, published in the Michigan State Law Review, argues that this anti-regulatory position is unwarranted. These executive regulatory actions produced large net benefits to the American people, were carried out pursuant to authority delegated by Congress, and were reviewed by the courts. By contrast, more robust action by Congress, as long as Congress continues to exhibit its current gridlock on important policy issues like climate change, is unlikely to be beneficial.

  • 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.