Response to Professor Farber's Regulatory Review in Anti-Regulatory Times

This is a response to an article by Professor Dan Farber presented in a symposium about the Trump Administration and Administrative Law at the Chicago-Kent College of Law. After agreeing with Professor Farber’s description, analysis and critique of the Trump Administration’s use and abuse of cost-benefit analysis (CBA) as an aid in making regulatory decisions, Professor Pierce makes four points: (1) President Trump will fail to implement his deregulatory agenda; (2) the Environmental Protection Agency’s (EPA) proposed rule on transparency of scientific evidence is a good start on an important project; (3) the Clean Power Plan is a lost cause; and (4) The Trump Administration may unintentionally end the practice of applying cost-benefit analysis to regulatory decisions.