03/28/2019 - CleanLaw Podcast

Caitlin McCoy and Sarah Light: Regulatory Horcruxes

by EELP Staff

Caitlin McCoy, Climate, Clean Air & Energy Fellow, speaks with Sarah Light, Assistant Professor of Legal Studies and Business Ethics at the Wharton School at the University of Pennsylvania about her article, Regulatory Horcruxes. Prof. Light proposes a framework to explain how regulatory programs can be split up among federal agencies, state agencies, and even private actors, and how that fragmentation can insulate programs from future deregulatory actions. She uses environmental regulatory programs to describe how regulatory horcruxes function in today’s administrative law system.

For a complete transcript of this recording please click here.

On the podcast, Caitlin and Professor Light discuss the types of regulatory horcruxes covered in the article with examples from the Clean Water Act and Clean Air Act. They also explore the advantages and disadvantages of this kind of regulatory fragmentation and Caitlin explains how she is using the regulatory horcrux framework to understand how the Trump administration’s deregulatory agenda is proceeding.