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Jan. 12, 2021 by Victor Flatt

Study Finds Significant Flaws with Trump Waters of the United States Rule, Provides Legal Support for Biden Replacement

One of the most vexing environmental law issues of the last three decades is the scope of the term "waters of the United States" (WOTUS) in the Clean Water Act — and what marshes, lakes, and streams fall under its purview. A connected legal question stretching back even further is how much deference to give agencies in policymaking and legal interpretations.

These issues are present in both the Trump administration's final "Waters of the United States" rule, which narrowly defines waters subject to the act, and the Biden administration's likely attempt to expand that definition. The Trump administration's narrow approach dramatically reduces the number of waterways under federal protection. A broader definition would restore and possibly expand protections to better safeguard public and environmental health.

A new study on the economic analyses in the Trump rule (which I co-authored) concludes that its supporting economic analyses rely on questionable assumptions that are unsupported by evidence. The External Environmental Economics Advisory Committee (E-EEAC), an independent organization that provides information to the EPA, commissioned the study.

Our courts have been grappling with what "waters" Congress intended to include under the regulatory purview of the U.S. Environmental Protection Agency (EPA) and the U.S …

Jan. 11, 2021 by Shalanda H. Baker, Alice Kaswan
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The Black Lives Matter movement highlights long-standing inequities and amplifies the drumbeat for climate justice and an equitable transition to a clean economy. With the incoming Biden-Harris administration and a growing list of environmental justice advocates at the helm, it's time to move from rhetoric to reality. We offer concrete proposals to turn climate justice goals into climate justice policies.

The call for climate justice has multiple dimensions, from ensuring an equitable transition to clean energy for vulnerable communities and workers disrupted by the move away from fossil fuels, to extending the benefits of our economy-wide shift to those who have historically been left behind. Even more than past environmental challenges, decarbonizing will not be a narrow, technical undertaking. We need a holistic, justice-centered perspective to shape our vision for a green economy and meet the pervasive environmental and …

Jan. 8, 2021 by Amy Sinden, Richard Parker
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This post was originally published by the Yale Journal on Regulation's Notice & Comment blog. Reprinted with permission.

T’was the season of gift-giving and on December 9, outgoing EPA Administrator Andrew Wheeler delivered a parting gift for his successor in the form of a new regulation: Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.

The new Rule is offered as a simple housekeeping measure designed “to ensure consistent, high-quality analyses [and to] codif[y] best practices for benefit-cost analysis in rulemaking.” Some observers find it relatively harmless; but others are not so sanguine. We view it as a sort of Trojan Horse—seemingly innocuous on its face, but harboring content that will hamper, and may undermine, EPA’s efforts to confront the climate crisis and protect the safety of the air we breathe. Here are a few …

Jan. 7, 2021 by Darya Minovi, James Goodwin
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UPDATE: On January 27, a federal district court in Montana found that the Trump EPA unlawfully made the censored science rule immediately effective. The court then delayed its effective date until February 5. This doesn't overturn the rule, but it does give the Biden-Harris administration more flexibility as it works to fully repeal this damaging policy.

In a last-ditch effort to further weaken the U.S. Environmental Protection Agency's (EPA) ability to protect public health, this week, the Trump administration published its final “censored science” rule. As stated in the Center for Progressive Reform’s comments on the draft rulemaking, this proposal unjustifiably limits the research that can be used in regulatory decision-making, giving more weight to studies where the underlying data is publicly available. These restrictions will apply to dose-response studies — which measure how much an increase in pollution exposure increases public health harms — and which …

Jan. 4, 2021 by James Goodwin
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Thanks to the recent presidential election results, I’m able to do something I haven’t done in a long time: look at a new year with something resembling hope and optimism. As noted in my December 21 posts, the Trump administration wreaked havoc on our system of regulatory safeguards in 2020, as it did in previous years. The incoming Biden-Harris administration brings a strong mandate to undo the damage — and to go further by building a more just and people-centered government that can meet the pressing challenges America faces.

CPR recently launched Policy for a Just America with this opportunity in mind. This initiative aims to rebuild and reimagine government and offers detailed recommendations aimed at promoting a more robust and responsive regulatory system.

Will we seize the moment? Here are the first five of 10 storylines I’ll be following this year. Each could significantly …

Jan. 4, 2021 by James Goodwin
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In my previous post, I began my review of 10 key regulatory policy stories to watch out for as 2021 gets underway. In this piece, I wrap up that list and offer some closing thoughts.

  1. How will Congress oversee the Biden-Harris administration's regulatory actions? When Republicans regained control of the U.S. House in 2010, they wasted little time challenging the Obama administration's regulatory policies, regularly holding bombastic hearings for show and rolling out new bills meant to throttle the regulatory system. If Republicans win either or both Georgia runoffs for U.S. Senate tomorrow, they will retain control of the chamber and will likely borrow a page from this playbook. Whether the Biden-Harris administration vigorously defends its regulatory agenda or cowers like the Obama administration will determine how much progress it makes on its policy priorities. On the flipside, House Democrats have a crucial …

CPR HOMEPAGE
More on CPR's Work & Scholars.
Jan. 27, 2021

Maryland Weighs Legislation to Protect Food and Farm Workers Amid Pandemic

Jan. 27, 2021

Fossil Fuels and Public Lands: The Benefits of a Biden Lease Moratorium

Jan. 25, 2021

The Controversial Congressional Review Act

Jan. 22, 2021

Maryland Considers Bills to Protect Public, Environmental Health

Jan. 22, 2021

Biden Named Richard Glick as Chair of the Federal Energy Regulatory Commission. What's Next for the Agency?

Jan. 21, 2021

Biden Tapped Frederick, Hughes, Rosenthal for OSHA’s Leadership Team. Here's How They Can Fix the Agency.

Jan. 20, 2021

The Era of 'Small Government' Must End: Reflections on the Capitol Insurrection