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The EPA proposed a new rule on June 11, 2020, that would impose specific requirements for the Agency to utilize uniform and transparent “high-quality analysis” in its statutory obligations in the rulemaking process under the Clean Air Act (CAA). Many statutes, including the CAA, include cost consideration language but do not provide exact guidelines or […]
In a May 13, 2019, intra-Agency memo that was leaked to news outlets, EPA Administrator Andrew Wheeler instructed the heads of four Agency offices to begin to reform how those offices evaluate costs and benefits as part of the regulatory decision process. The intent, wrote Wheeler, is to correct lapses in consistency and transparency evident […]
The EPA possesses substantial flexibility in how it considers the costs and benefits of regulations it promulgates. That flexibility is inherent in the environmental statutes, which sometimes require that costs be considered in rulemaking and sometimes make no mention of costs/benefits, but, in any case, rarely specify how such consideration should occur. This has given […]