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OIRA’s Dual Role and the Future of Cost-Benefit Analysis
The role that cost-benefit analysis (CBA) plays in regulatory decisionmaking is at a crossroads, as is the role played by the agency that oversees its implementation, the Office of Information and Regulatory Affairs (OIRA). The Trump Administration has largely demonstrated agnosticism toward CBA; this has left many to question whether OIRA can still play the role of ensuring quality analysis while serving as the eyes and ears of the president in overseeing regulation.
Brexit and Environmental Law
The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government to draft and enact U.K.-specific environmental laws and regulations that are more attuned to issues facing the country. Others believe the departure could lead to deregulation, a lack of consistency and stability, and potential decreases in advances made.
Natural Resources Defense Council v. U.S. Environmental Protection Agency
A district court vacated EPA's 2017 directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. An environmental group argued the directive should be vacated and remanded following the court's previous ruling that granted summary ju...
Northern Plains Resource Council v. U.S. Army Corps of Engineers
A district court vacated a nationwide permit reissued by the U.S. Army Corps of Engineers that allowed for construction of the Keystone XL Pipeline across waterways. Environmental groups argued the reissuance violated the ESA by failing to initiate programmatic consultation. The court found that dec...
WildEarth Guardians v. Chao
A district court denied summary judgment to an environmental group in a lawsuit concerning the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) obligations under the Mineral Leasing Act (MLA) to inspect all pipelines on federal lands annually. The group argued the agency failed to ...
Center for Biological Diversity v. Ross
A district court held that NMFS violated the ESA by approving a U.S. lobster fishery without adequately considering the fishery's impact on the endangered North Atlantic right whale. Conservation groups argued the agency violated the ESA by failing to include an incidental take statement (ITS) in it...