Memo to Biden: Regulation Is Infrastructure
President Joe Biden's April 28 speech to a joint session of Congress — his first major address since his inauguration — offers him a chance to outline and defend his policy priorities. He should use this opportunity to articulate a positive vision of regulation as an institution within our democracy and to champion the crucial role it plays in promoting the public interest.
Biden will likely focus much of his speech on his ambitious infrastructure plan, from which he can easily pivot to regulation. After all, robust regulations are essential to the success of the U.S. economy, no different from traditional "gray" infrastructure like roads, bridges, pipelines, and power lines.
Strong regulatory protections provide a foundation of trust, which is critical for keeping our economy humming. Imagine, for example, if the Biden administration's Occupational Safety and Health Administration (OSHA) issued its long overdue emergency temporary standard to protect workers from being exposed to COVID-19 on the job. Such a standard would give workers and consumers confidence that they can safely get back into the marketplace, providing a much-needed jolt of economic activity.
Like bridges, regulatory protections also link, in durable and meaningful ways, the interests of disparate economic actors to promote …
On April 22, the White House confirmed that President Joe Biden will nominate Tracy Stone-Manning to head up the Bureau of Land Management (BLM), a federal agency charged with overseeing national monuments and other public lands, as well as key aspects of energy development.
A longtime conservation advocate, Stone-Manning has worked for the National Wildlife Federation, served as chief of staff to former Montana Gov. Steve Bullock and advisor to Sen. Jon Tester, and led Montana's Department of Environmental Quality.
If confirmed, she will oversee an agency of the U.S. Department of Interior that was used and abused by the Trump administration, Interior Secretaries Ryan Zinke and David Bernhardt, and Acting BLM Director William Pendley, who was removed from the post after serving illegally for more than a year. During the previous administration, the agency shrank national monuments, threw open the doors to fossil fuel extraction …
Since President Joe Biden assumed office, environmental justice has been at the front and center of his administration. One key initiative: developing better mapping tools to identify communities that may bear a disproportionate burden of toxic pollution and climate change impacts. Biden’s environmental justice (EJ) plan emphasizes the value of these tools and the need to improve them.
The U.S. Environmental Protection Agency’s (EPA) current tool — known as EJSCREEN — dates to 1994, when President Bill Clinton issued an executive order instructing federal agencies to collect, maintain, and analyze information on environmental and human health risks borne by low-income communities and people of color.
The EPA published EJSCREEN in 2015. It integrates demographic data (such as percent low-income, under the age five, over age 65, etc.) and environmental pollution measures at the block group or census tract level nationwide. The mapped data provide a visual …
This commentary was originally published by The Regulatory Review. Reprinted with permission.
A citizen of the Laguna Pueblo, Deborah Haaland is the first Native American woman to serve as Secretary of the U.S. Department of the Interior.
Haaland will oversee the federal agencies that manage nearly 480 million acres of federal public lands, while the head of the U.S. Forest Service in the U.S. Department of Agriculture (USDA) manages the remaining 190 million acres.
Haaland and her colleague, Secretary of Agriculture Tom Vilsack, have a tall double-order ahead. In his flurry of first-day executive orders, President Joe Biden announced the entwined goals of addressing racial, economic, and other forms of injustice, as well as tackling the country's most serious environmental challenges. Reflecting these goals, during his confirmation hearing, Vilsack pledged to address "discrimination in all its forms across USDA agencies," and "to root …
This post was originally published on Legal Planet. Reprinted with permission.
Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what?
It wouldn't be hard to redo the Obama policy based on all the changes in the power industry since he left office, which would result in much more rigorous emissions controls. The problem is that the ultra-conservative majority on the U.S. Supreme Court is likely to be very skeptical of the legal basis of any plan that, like Obama's, requires states to expand use of renewable energy.
Opponents of Obama's plan made two legal arguments, which both came up again in the litigation over the Trump rule …
In a little-noticed move on Day One, President Joe Biden issued a memo designed to institute a more progressive process for developing new regulations. Such an effort is essential, given that timely, effective regulations will play a key role in achieving Biden-Harris administration's policy agenda. To succeed, however, it must also tackle the conservative philosophy that guides our government's rulemaking process.
Biden's memo focuses on the mechanics of the rulemaking process, and especially two institutions that heavily influence regulatory decisions: centralized, White House review of proposed rules and economics-focused assessments of them. President Reagan and his successors have issued a string of executive orders to govern these institutions. Biden's memo addresses flaws in the current iteration, Executive Order 12866 (along with some other, related orders). Fixing these flaws is necessary to create a more progressive regulatory system that better protects people and the planet.
A flawed foundation …
This op-ed originally ran in The Regulatory Review. Reprinted with permission.
To paraphrase French economist Thomas Piketty, the task of evaluating new regulations is too important to leave to just economists. Yet, since the 1980s, White House-supervised regulatory impact analysis has privileged economic efficiency as the primary and often only legitimate objective of federal regulation. The regulatory reform initiative launched by President Joseph R. Biden on his first day in office creates an opportunity to reorient regulatory analysis in ways that both reformers and the public support.
Legal and policy experts object to hyper-technical regulatory analysis, and new public opinion polling indicates that voters agree.
Far from a monolithic concept, cost-benefit analysis encompasses a wide range of approaches and techniques, all with their own theoretical underpinnings and ethical commitments. Indeed, the current version of cost-benefit analysis is grounded in the conservative discipline of welfare economics and seeks …
Kamala Harris. Janet Yellen. Deb Haaland. Gina Raimondo. Marcia Fudge. Jennifer Granholm.
They’re making history as members of the largest group of women ever to serve on a presidential Cabinet. Haaland and Yellen are the first women in their positions, and Haaland is also the first Native American Cabinet secretary.
President Biden has appointed five additional women to Cabinet-level positions, including Cecilia Rouse as chair of the Council of Economic Advisors and Isabel Guzman as Small Business Administrator. Four of these five are Black, Asian American, or Latina. In total, women comprise nearly half of Biden’s Cabinet.
Women have been fighting for equality in this country for over a century — from the Seneca Falls Convention in 1848, to the Women’s Strike of 1970, to the Women’s March in 2017. For women who are Black American, Asian American, or Native American, the fight has …
This op-ed was originally published in the Baton Rouge Advocate.
A week after taking office, President Joe Biden issued an executive order “on tackling the climate crisis” that includes important measures to address the crisis comprehensively and equitably. Specifically, the order directs the federal government to take a “whole of government” approach to the climate crisis that pursues economic security, ensures environmental justice, and empowers workers.
The beginning of such a plan is promising, particularly after four years under an administration that wiped the word “climate” from government websites, rolled back the Obama administration’s steps to address the crisis, and made fossil fuel production a centerpiece of its agenda.
But it’s just that — a promising beginning. And it’s already under assault. The American Petroleum Institute, the nation’s largest oil and gas lobbying group, immediately attacked the order, and particularly its directive to pause …
This post was originally published on Legal Planet. Reprinted with permission.
The COVID pandemic has provided a vivid picture of what happens when ill-prepared governments are suddenly hit with huge responsibilities. Underfunded state and local public health agencies were overwhelmed, while governors and local officials found themselves struggling to obtain and distribute vital supplies, from respirators to vaccines. Efforts to accelerate the transition away from carbon, such as a green stimulus, may run into similar problems if we neglect the agencies that will have to implement policies.
People tend to think of the energy transition in terms of wind turbines, solar panels, batteries, and charging stations for electric vehicles. That can presumably be accomplished through mandates to utilities or financial incentives. The trouble is that all of these changes have to function in connection with a power system that wasn’t built to accommodate them. That requires …
