A key question remaining after the European Commission’s June 27 decision against Google was how the company would comply with the ordered relief. After holding that Google had abused its dominant position as an Internet search engine by promoting its own comparison shopping service in search results and demoting those of competitors, the Commission imposed a September 28 deadline to remedy the conduct. Specifically, the Commission ordered the company to propose a plan to: (1) “stop its illegal content” and (2) make changes to how it displays shopping results. [Read More]
In a follow-on Washington Times op-ed, “Real Progress on Regulatory Reform,” published on August 16, I contend that, whatever else one may think about any of President Trump’s or Congress’s actions or inactions, there has been meaningful progress on the regulatory reform front. In other words, there have been significant steps taken by both the executive and legislative branches to counter the growing power of the administrative state.
In a nearly 30 year old Duke Law Journal article, Justice Scalia asked with regard to Chevron deference, “How clear is clear?” Last week in Mexichem Fluor, Inc. v. EPA, Judges Brett Kavanaugh and Robert Wilkins took opposing views on whether section 612 of the Clean Air Act is clear enough to stop at Chevron’s first step. That section provides in part that ozone-depleting substances “shall be replaced by chemicals, product substitutes, or alternative manufacturing processes that reduce overall risks to human health and the environment.”
Despite the EPA’s statements over the years that section 612 doesn’t give the agency authority to require the replacement of non-ozone-depleting substances, that’s just what the EPA did in 2015. After the EPA concluded that hydrofluorocarbons (HFCs) contribute to climate change (but don’t deplete the ozone layer), the agency promulgated a final rule that moved HFCs from the list of safe substitutes to prohibited substitutes.
The Regulatory Transparency Project is pleased to announce the release of the trailer video for its new Fourth Branch video series. The trailer features several experts in regulation – including Senator Dan Sullivan – discussing both benefits and costs of regulation. We hope you enjoy the “Regulation & the American Dream” trailer and that it inspires you to subscribe to our newsletter at RegProject.org and to follow RTP on social media where you can view the full video when it is released very soon.
Effective regulatory policy that focuses resources on addressing real threats to public health and the environment depends on reliable scientific information and transparent policy choices. But often these regulations are the subject of heated debate, involving accusations of “politicized science. [Read More]