284 episodes

The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.

On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

RTP's Fourth Branch Podcast The Federalist Society

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    • 5.0 • 23 Ratings

The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.

On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

    Deep Dive 230 - Who Is Regulating the Regulators?

    Deep Dive 230 - Who Is Regulating the Regulators?

    In the Executive Office of the President is a small office that most people outside the Beltway have never heard of. The Office of Information & Regulatory Affairs (OIRA) reviews agencies' draft regulations, public information requests, surveys, etc. Across administrations - both Republican and Democratic - it has served as a check on excessive administrative zeal. The Joe Biden administration has yet to nominate someone to head the office.

    Susan Dudley and Paul Ray served as the presidentially appointed administrators of the office in the George W. Bush and Donald Trump administrations, respectively. They shared their perspectives on the importance of this "obscure but powerful" office, and what the lack of a confirmed administrator means for the executive branch and its agencies.

    Featuring:
    Susan Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, George Washington University
    Paul Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation

    Visit our website - www.RegProject.org - to learn more, view all of our content, and connect with us on social media.

    • 1 hr 1 min
    Deep Dive 229 – Overcoming the Challenges to Clean Infrastructure

    Deep Dive 229 – Overcoming the Challenges to Clean Infrastructure

    On November 15, 2022, President Biden signed the Infrastructure Investment and Jobs Act. On May 11, 2022, the White House released the Permitting Action Plan, to "accelerate and deliver infrastructure projects on time, on task, and on budget."

    The infrastructure bill represents a major public investment in infrastructure development. And yet significant obstacles to infrastructure development remain. Does the infrastructure bill help overcome some of those obstacles? How does the Permitting Action Plan address those obstacles? How can the federal government work with states, localities, tribes and territories to overcome these challenges?

    In this webinar, energy policy experts discussed these questions and more.

    Featuring:
    - Edward Boling, Partner, Perkins Coie LLP
    Alex Herrgott, President & CEO, The Permitting Institute
    - [Moderator] Mario Loyola, Senior Fellow, Competitive Enterprise Institute

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 1 hr 3 min
    Explainer 37 – The Defense Production Act and the APA

    Explainer 37 – The Defense Production Act and the APA

    In this episode, J. Kennerly Davis, Jr., former Deputy Attorney General for the Commonwealth of Virginia, discusses the historical origin of the Defense Production Act, the powers the Act gives to the president, and recent presidents' invocation of the Act in pursuit of public policy objectives.

    Featuring:
    - J. Kennerly Davis, Jr., Former Senior Attorney, Hunton Andrews Kurth LLP

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 32 min
    Deep Dive 228 – Does the Federal Energy Regulatory Commission (FERC) Have Authority To Regulate the Climate?

    Deep Dive 228 – Does the Federal Energy Regulatory Commission (FERC) Have Authority To Regulate the Climate?

    The Biden administration has pledged to meet what it calls "the accelerating threat of climate change" with a wide-ranging campaign to discourage the production and use of fossil fuels in order to control the emission of carbon dioxide and other greenhouse gases said to be the principal cause of global warming. The White House has directed regulatory agencies and departments across the executive branch to "tackle the climate crisis." The administration has set a goal to eliminate carbon dioxide emissions from the electric power sector by 2035.

    The Federal Energy Regulatory Commission, or FERC, is an independent regulatory agency whose enabling statutes include the Federal Power Act and the Natural Gas Act. FERC's statutory responsibilities include regulation of the transmission and wholesale sale of electricity in interstate commerce, and authorization of proposals for the construction and operation of interstate natural gas pipelines and storage facilities.

    Doing its part to tackle the climate crisis, FERC has proposed a new policy that will greatly expand the scope of the climate-related environmental impact analysis required for proposed natural gas projects. Traditionally, such analysis has been limited to an evaluation of the emissions that would result directly from the construction and operation of the proposed project. Going forward, FERC is proposing that such analysis will also evaluate the emissions that would result indirectly from the upstream production and downstream use of the natural gas to be handled by the proposed project.

    In other policy statements having to do with the electric sector, FERC has announced that it will consider proposals from entities it regulates to add into wholesale electricity prices any charges that are levied by state regulators on greenhouse gases emitted by the power plants producing the electricity.

    Does FERC have the legal authority to implement these new climate-related policies and, by doing that, dramatically expand the scope of its regulatory activities? J. Kennerly Davis, Jr. and Bernard McNamee joined us for a probing, wide-ranging discussion of the statutes and case law that provide the answer to this vitally important question.

    Featuring:
    - J. Kennerly Davis, Jr., Former Senior Attorney, Hunton Andrews Kurth LLP; Former Deputy Attorney General for Virginia
    - Bernard L. McNamee, Partner, McGuireWoods LLP; Former Commissioner, Federal Energy Regulatory Commission

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 1 hr 1 min
    Deep Dive 227 – Crypto Wars: Balancing Privacy versus National Security

    Deep Dive 227 – Crypto Wars: Balancing Privacy versus National Security

    Senior officials in the Administration have expressed concern about cryptocurrencies being used for criminal activity and undermining the dollar as the global reserve currency. These concerns have been heightened with the Russian invasion of Ukraine, evasion of sanctions including North Korean sanctions, cyberattacks, and ransomware. Others contend that blockchain transactions are easier to trace than physical cash, and that the Administration's concerns are exaggerated and could stifle innovation. China has banned cryptocurrencies and developed its own central bank digital currency (CBDC). It appears that the digital yuan will be used by the Chinese government for surveillance purposes to closely monitor personal transactions and behavior. A number of other regimes, including Canada, have used the banking and monetary system to silence dissidents. Some say that dissidents and citizens in countries that have unstable fiat currencies have turned to bitcoin and other cryptocurrencies to escape the national currency and protect their rights; other say cryptocurrencies are used by criminals and terrorists.

    This very timely panel discussed whether the US can develop policies on digital assets that both protect freedom and privacy and maintain our safety from bad actors, and what the trade-offs with the dollar's international role might be.

    Featuring:
    - Michele Korver, Head of Regulatory, a16z Crypto
    - Kathy Kraninger, Vice President of Regulatory Affairs, Solidus Labs; Former Director, Consumer Financial Protection Bureau
    - Norbert Michel, Vice President and Director, Center for Monetary and Financial Alternatives, Cato Institute
    - Mick Mulvaney, Co-Chair, Actum LLC; Former Director, Office of Management and Budget
    - [Moderator] Dina Ellis Rochkind, Counsel, Government Affairs and Strategy, Paul Hastings

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 1 hr
    Deep Dive 226 – Due Process Protections in Agency Enforcement Actions

    Deep Dive 226 – Due Process Protections in Agency Enforcement Actions

    In February 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of "fishing expedition" investigations without sufficient evidence to support a violation.

    On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging Inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.

    The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022.

    Featuring:
    - Steven Bradbury, Attorney; Former General Counsel, Department of Transportation
    - Sheng Li, Litigation Counsel, New Civil Liberties Alliance
    - [Moderator] Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of Justice

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 1 hr 1 min

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