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. This Article discusses the history of these dual functions within OIRA, the challenges posed by the regulatory policy of the Trump Administration, and possible alternative homes for CBA to ensure that there is a place for quality analysis of executive branch regulations.

In the first decades of the 21st century, those working to assure that earth continues to be a viable home for humanity as well as for all other life have been in a crisis regarding their purpose and direction. This is a departure from the past century and a half, when the giants of conservation and environmental protection—personalities such as John Muir, Rachel Carson, and David Brower— were certain of their cause and the actions needed to sustain it. The realization is emerging that while a few battles have been won, particularly for nature protection, overall, the fight to safeguard the vital fabric of the earth is being lost. This Comment argues that the nature of the environmental crisis facing humanity is significantly more fundamental than was appreciated in the latter half of the past century. In order for society to successfully address that challenge, sweeping changes will be needed in our systems for managing the conduct of science, global governance, and the allocation of financial resources. Ultimately, it suggests success in this daunting challenge will come about only through a revolutionary expansion of the sense of those alive today about to whom their highest ethical obligations are owed—namely future generations.