
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: July 8, 2019
Partner
201-896-7115 dmckillop@sh-law.comThe Environmental Protection Agency (EPA) Administrator Andrew Wheeler recently issued a memo to agency leadership directing them to reform how costs and benefits are considered in the agency’s rulemaking process. According to the EPA, the action “supports the Trump Administration’s efforts to identify regulations that impose costs that exceed benefits, providing clarity, transparency and consistency in how regulations are written.”
Shortly after taking office, President Donald Trump issued an executive order (82 FR 12285), which directed agencies to identify regulations that “impose costs that exceed benefits.” The EPA subsequently solicited public feedback on its rulemaking process, which included an Advanced Notice of Proposed Rulemaking seeking comments on ways to increase consistency and transparency for cost-benefit analyses.
Based on the feedback received, Administrator Wheeler has decided to move forward with reforms. His memo states:
I have determined that the agency should proceed with benefit-cost reforms using a media-specific approach, taking into account the variety of statutory programs. Specifically, I am asking the assistant administrators for the offices of Air and Radiation, Chemical Safety and Pollution Prevention, Land and Emergency Management and Water to develop reforms, including notice-and-comment rulemakings, that outline how benefit-cost considerations will be applied in areas that are in need of greater clarity, transparency and consistency.
The memo further states that the reforms of the EPA’s cost/benefit analysis must be guided by the following principles:
Wheeler’s memo directs the Office of Air and Radiation to be the first to issue a proposal by the end of 2019, followed by the other offices. It also orders the Office of Policy to continue to improve and update the EPA’s Guidelines for Preparing Economic Analyses. “Revisions to the guidelines will help clarify best practices for how to conduct benefit-cost analysis, including guidance on key methodological and modeling choices, assumptions, uncertainties and context around benefits and costs,” the memo states.
The EPA’s decision to revamp its cost/benefit analysis may benefit the regulated community, many of whom have complained in recent years that EPA regulations imposed an unreasonable and significant burden while providing negligible environmental benefits. However, the full impact of the cost-benefit analysis ordered by President Trump remains to be seen. We will continue to track the progress of the EPA’s action and provide updates as they become available.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!