President Biden proposes to revise the federal rulemaking process to advance
the values of justice and equity. This analysis offers a practical path
forward by adding an equity test to the efficiency test applied to new federal
regulations by the U.S. Office of Management and Budget. This article explores
the feasibility of the proposal with applications to regulation of hazardous
air pollutants and drinking water contaminants. The proposal seeks
to advance the interests of low-income Americans in federal rulemaking, a
subgroup that has received little historical priority in the regulatory impact
analyses prepared by federal regulatory agencies.
John D. Graham,
Incorporating Environmental Justice Into Benefit-Cost Analysis of Federal Rulemakings,
Rich. Pub. Int. L. Rev.
Available at: https://scholarship.richmond.edu/pilr/vol25/iss3/6