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Jan. 9, 2018 by James Goodwin

FERC Rejection of Coal Subsidies Proposal Demonstrates Importance of Independent Agencies

On January 8, the Federal Energy Regulatory Commission (FERC) struck a resounding blow against the Trump administration's ill-advised agenda to put its thumb on the scale of the energy market by propping up the coal industry, unanimously rejecting a controversial proposal by Department of Energy (DOE) Secretary Rick Perry. Perry's plan would have resulted in working families and small businesses subsidizing the coal industry to the tune of hundreds of millions or even billions of dollars. Dozens of energy policy experts have explained the substantive issues of this action, but I want to focus on an important procedural matter – namely, how this episode demonstrates the importance of guarding the actual independence of independent regulatory agencies like FERC. 

FERC is among a class of federal administrative agencies that Congress specially designed to be reasonably "independent" from political interference by the president, hence the moniker "independent regulatory agencies." Other such agencies include the Securities and Exchange Commission, the Nuclear Regulatory Commission, and the Consumer Financial Protection Bureau. 

In creating these agencies, Congress recognized that their missions were too important and involved policy matters too technically complex to leave them unduly vulnerable to the vagaries of wanton political scheming. Instead, Congress …

Dec. 15, 2017 by James Goodwin
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This post was originally released as a press statement on December 14 in response to President Donald Trump's speech on deregulation and his administration's Fall 2017 Unified Agenda.

Starting on Day One, the Trump administration has perpetrated an all-out assault on essential public safeguards for health, safety, the environment, and American families' financial security, and today, the president took the time to revel in all the damage he has overseen. The administration's anti-safeguard agenda for the coming year promises more of the same. 

For the president, this is about helping big-monied interests make more money. For everyday Americans, it's about making sure our kids can breathe clean air and drink clean water, saving for retirement, keeping workplaces safe, protecting our natural treasures, and warding off the worst effects of climate change. 

In his remarks today, President Trump included a lot of numbers. Here …

Nov. 14, 2017 by James Goodwin
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Today, CPR Member Scholar Emily Hammond is testifying at a Senate subcommittee hearing that will examine four bills that amount to "rifle shot" attacks on the Clean Air Act's public health and environmental protections. Hammond's testimony before the Subcommittee on Clean Air and Nuclear Safety of the Senate Environment and Public Works Committee casts in powerful terms what is at stake with these bills, highlighting how they contribute to the Trump administration's own assault on public safeguards. She also explains how these bills and the administration's actions are grossly out of step with the policy goals of the Clean Air Act and its more than 40 years of success in saving lives and protecting the environment. 

Without getting into the technical details, these bills are designed to shield tiny but favored industry groups – namely, manufacturers of bricks, wood stoves, after-market auto racing equipment …

Oct. 24, 2017 by James Goodwin
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Today, I will testify before two subcommittees of the House Oversight Committee at a hearing that I hope will provide a critical examination of the Trump administration's so-called "Regulatory Reform Task Forces." Created by Trump's Executive Order 13777, these task forces are essentially designed to be "hit squads" embedded at each agency with the goal of carrying out the Trump administration's assault on public safeguards from within. In my testimony, I provide a comprehensive critique of the task forces, as well as Executive Orders 13771 and 13777, which they are charged with implementing. Ultimately, I conclude that the orders should be repealed and the task forces be disbanded. 

In my testimony, I highlight four fatal flaws with the task forces and the work they do. These flaws include: (1) the public harms they will create; (2) their lack of a rational policy basis; (3 …

Sept. 28, 2017 by James Goodwin
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UPDATE: President Trump is no longer scheduled to speak on deregulation on October 2, but the planned deregulatory "summit" with various cabinet-level agencies is still slated to occur.

Government-sanctioned cruelty makes for shocking images, as the events of the past few weeks demonstrate. People in wheelchairs forcibly dragged from congressional hearing rooms for protesting legislative attempts to strip them of access to affordable health care. The uncertainty on the faces of Puerto Rican parents as they survey the damage to their homes in the wake of Hurricane Maria and wonder when – or if – officials in Washington will come to the aid of their families and those of their fellow citizens. 

In a White House speech scheduled for Monday, October 2, President Trump will affirm in no uncertain terms that his administration does not merely tolerate such brazen indifference to our country's most vulnerable members but intends …

Sept. 27, 2017 by James Goodwin
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Tomorrow, CPR Member Scholar Rena Steinzor is scheduled to appear before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee to testify at a hearing focused on the Congressional Review Act (CRA). The CRA is a controversial law that has been aggressively used this past year by the majority in Congress and the Trump administration to repeal 14 regulatory safeguards that would have protected consumers, workers, and our environment. In her testimony, Steinzor makes the case for repealing the CRA, arguing that it is an ineffective tool for overseeing the executive branch and its recent abuses have served only to further erode public esteem for Congress as a democratic institution. 

Steinzor's testimony summarizes the damage that Congress has done to its own reputation through its misguided abuse of the CRA in the following stark terms: 

I agree that the 115th Congress …

July 20, 2017 by James Goodwin
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Early this morning, the Trump administration released its Spring 2017 Regulatory Agenda, which outlines the regulatory and deregulatory actions the administration expects to take over the next 12 months. Because it is the first of the Trump administration, this document is particularly significant. By comparing it with the last Regulatory Agenda of the Obama administration, which was released in fall of 2016, we are able to see what pending regulatory actions the Trump administration has abandoned or delayed. Only a preliminary review is necessary to confirm the harm the outlined policies would do to the nation's hard-working families and communities and how they would exacerbate social inequality throughout our country. 

Strikingly, the Spring 2017 Regulatory Agenda  also offers the first concrete evidence of how the Trump administration intends to implement its harmful "one-in, two-out" executive order, which calls upon agencies to eliminate or weaken two existing …

July 6, 2017 by James Goodwin
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Late last Thursday, the Small Business Administration's (SBA) Office of Advocacy announced that it was soliciting proposals for "small business research" projects. The solicitation – and particularly the category of topics that the SBA Office of Advocacy has selected for potential research projects – offers one of the first clues on how this obscure but powerful office is likely to operate under the Trump administration. 

The SBA Office of Advocacy is a small and unusual office within the federal government that up until a few years ago largely flew under the radar. The singular event that brought them to broader attention among policymakers, the press, and members of the public interested in the U.S. regulatory system? Its sponsorship of a now-infamous piece of anti-safeguards propaganda that was produced in response to a solicitation of small business research just like the one from last Thursday. 

In 2010, the …

June 29, 2017 by James Goodwin
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Earlier this week, Axios and Greenwire ($) reported that international oil behemoth BP is bringing on a new lobbyist to work on "regulatory reform advocacy related to Federal energy and environmental rules," as described in the required lobbying disclosure statement. That in itself is hardly news. What makes this story remarkable is who the lobbyist is, or in this case, was. Nathan Frey, who appears to be the only partner with the lobbying firm Regulatory Strategies and Solutions Group, used to be on the staff at the White House Office of Information and Regulatory Affairs (OIRA). 

Regular readers of this blog know by now that OIRA plays a powerful role in the regulatory system. A series of executive orders stretching back to the Reagan administration requires executive branch agencies to submit their biggest and most important rules to OIRA for centralized review. Agencies cannot proceed with proposing or …

June 21, 2017 by James Goodwin
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Today, Neomi Rao is likely to take one step closer to becoming the Administrator of the Office of Information and Regulatory Affairs (OIRA) – that is, the Trump administration's "regulatory czar" – with the Senate Homeland Security and Governmental Affairs Committee expected to favorably report her nomination to the Senate floor for a final confirmation vote. 

As detailed in an April 2017 CPR report on her nomination, Rao would arrive at her new position with little substantive expertise related to OIRA's work. (Evidently, her demonstrated commitment to the prevailing conservative anti-regulatory orthodoxy was the only real qualification that was needed.) But Rao still has some time to brush up on the big issues she will face as OIRA Administrator, and at the top her reading list should be The Twin Demons of the Trump-Bannon Assault on Democracy, a new report out today from Center for Progressive Reform …

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