Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

EPA Looking to Overhaul Cost-Benefit Analysis Used in Rulemaking

Author: Daniel T. McKillop

Date: July 8, 2019

Key Contacts

Back

EPA Administrator Andrew Wheeler Recently Issued a Memo Directing the Agency to Overhaul Cost-Benefit Analysis Used in Rulemaking Process

The 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.”

EPA Looking to Overhaul Cost-Benefit Analysis Used in Rulemaking

EPA’s Cost-Benefit Considerations

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:

  1. Ensuring the agency balances benefits and costs in regulatory decision-making. The EPA should evaluate and consider both benefits and costs in decision-making.
  2. Increasing consistency in the interpretation of statutory terminology. The EPA should evaluate benefits and costs in a manner that applies consistent interpretations of key terms and concepts for specific statutes (e.g. “practical,” “appropriate,” “reasonable” and “feasible”).
  3. Providing transparency in the weight assigned to various factors in regulatory decisions. The EPA should transparently identify which factors were and were not considered in regulatory analysis and how these factors were weighed to arrive at a particular regulatory outcome.
  4. Promoting adherence to best practices in conducting the technical analysis used to inform decisions. The EPA’s technical analyses should follow sound economic and scientific principles and adhere to existing guidance and best practices for benefit-cost analysis, including the EPA’s Guidelines for Preparing Economic Analyses and other peer-reviewed standards of practice that are applicable to rulemaking.

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.

Key Takeaway

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, please contact us

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!