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ARTICLE · 12 JUNE 2020

EPA's New Cost-Benefit Rule — Are Both Sides Misrepresenting What It Says?

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Last week, EPA released its proposed rule regarding Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process. As much as I hate to give aid and comfort to this Administration ...

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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Last week, EPA released its proposed rule regarding Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process. As much as I hate to give aid and comfort to this Administration, I have to say that the rule does not herald the end of western civilization.  The biggest controversy surrounding the rule is its impact on consideration of "co-benefits".  Supporters of the rule are trumpeting its elimination of the consideration of co-benefits.  Opponents are pointing to that very same conclusion as evidence of how wrongheaded the rule is.

There's only one problem with all the commentary.  I've read the rule three times and, as far as I can tell, it does not preclude consideration of co-benefits.  In fact, here's what the proposed rule does say:

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