RTP's Fourth Branch Podcast

Under the Clean Air Act, the Environmental Protection Agency (EPA) is required to regulate emissions that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The Supreme Court held in Massachusetts v. EPA that greenhouse gases are considered pollutants under the Act, so whether they can be regulated depends on whether they endanger public health. The EPA issued the Endangerment Finding that greenhouse gas emissions cross this threshold in 2009. Any actual regulation of greenhouse gas emissions is issued by EPA separately, such as greenhouse gas emissions standards for vehicles. On March 12th, 2025, EPA Administrator Lee Zeldin announced that the EPA would be initiating “formal reconsideration of the 2009 Endangerment Finding in collaboration with the Office of Management and Budget (OMB) and other relevant agencies.” Join us Friday, May 9th, from 11am – 12pm EST, as our panel of legal experts discusses the various questions surrounding the proposed revisions, such as preemption, cost revision, and how these changes would be implemented. Featuring: Michael Buschbacher, Partner, Boyden Gray PLLC Richard Belzer, Independent Consultant Jonathan Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law (Moderator) Laura Stanley, Gibson Dunn, LLP

Amidst the flurry of new Executive Orders that launched the second Trump Administration, many questions have arisen concerning regulatory action and executive power. Our panelists will focus on the regulatory analysis guidance of Circular A-4, the role of benefit-cost analysis in regulatory and deregulatory actions, and the 10-for-1 Executive Order. Join us on Wednesday, April 23rd, at 11:30am EST for a discussion of regulatory analysis and administrative law featuring Hon. Susan Dudley and Professor Donald Kenkel, and moderated by Hon. Paul Ray.

In March of 2025, the Competitive Enterprise Institute (CEI) released a major new publication, “Modernizing the EPA: A Blueprint for Congress.” This book explores numerous issues across the EPA and the statutes that it administers. The podcast discussion focuses primarily on how the EPA’s role has evolved, particularly as it relates to air regulation, including greenhouse gas regulation. In addition, the discussion highlights flaws and outdated aspects of the Clean Air Act and the need for Congress to reassert its lawmaking power. The lead author and co-editor of the book offers ideas on how Congress can refine the federal approach to environmental and climate policy. Listen in as Michael Buschbacher, Partner at Boyden Gray PLLC, interviews Daren Bakst, Director of CEI’s Center for Energy and Environment highlighting the key findings and recommendations in the publication.

In this Tech Roundup Episode of RTP's Fourth Branch podcast, Kevin Frazier and Aram Gavoor sit down to discuss the recent, fast-moving developments in AI policy in the second Trump administration, as well as the importance of innovation and procurement.

In a time of rapidly shifting administrative law norms, the Department of Labor and NLRB have had busy and in some ways aggressive dockets over the last year. Our panel of experts will assess the regulatory and enforcement approach and key initiatives at DOL and NLRB during the final year of the Biden Administration; how does it grade out compared to prior years? And during the early days of the Trump Administration, how is the regulatory approach changing—or staying the same?

Join Dean Ball, a Research Fellow focused on AI policy, Sunny Gandhi, an advocate for AI legislation, and Kevin Frazier, an AI law expert, as they dissect the evolving landscape of AI regulation at the state level. They explore the impact of over 700 proposed AI-related initiatives and debate whether states should have distinct approaches. The discussion also shines a light on how AI might disrupt labor markets and the urgent need for innovative legislation to support workforce adaptation amid this technological shift.

An estimated 5% of foster youth qualify for Social Security benefits, but in many states, child welfare agencies use these funds to help cover the cost of care. In 2018 alone, agencies in 49 states and Washington, D.C., received at least $165 million in benefits intended for foster youth.In this episode, Shoshana Weissmann interviews Maureen Flatley, subject matter expert in child welfare and child exploitation. They discuss how these funds are managed, the policies guiding their use, and the ongoing conversations about their impact on foster youth and the child welfare system.

Hawaii leads the nation in high housing prices. Experts Ted Kefalas and Jonathan Helton from Grassroot Institute explain the regulatory obstacles to building sufficient housing for Hawaiians, and regulatory reform efforts that could increase the housing supply. It has been over 18 months since the fires that nearly destroyed the town of Lahaina in Maui County, Hawaii. Since that time, thousands of commercial and residential properties have been destroyed or damaged, and only 6 houses have been rebuilt. In this segment, Kefalas and Helton discuss the legal and regulatory hurdles that have prevented Hawaiians to rebuild their destroyed homes and businesses, and proposals that could help facilitate rebuilding. In the final segment, the experts discuss what lessons California could learn from Hawaii's experience to ensure that Angelinos do not experience the same slow rebuild after the Pacific Palisades Fire.

Artificial Intelligence has been rapidly brought to the forefront of the public conversation in recent months. President Trump has pledged to support AI innovation, while the newly-established Department of Government Efficiency (DOGE) has been working to streamline government processes through AI. Join our panel of experts, including Dhruva Krishna, Dr. Megan Ma, and Kevin Fraizer, for a discussion on the benefits and legal ramifications of incorporating AI into government.

The 2025 Pacific Palisades Fire has underscored the challenges of building in California’s complex regulatory landscape. In response, Governor Newsom issued an executive order suspending CEQA and Coastal Act requirements to expedite reconstruction, raising important questions about the future of development in the state. In this podcast, experts Jeremy Talcott and Donald Kochan examine California's regulatory environment before the disaster and the broader implications of its permitting processes in the effort to rebuild. Join us for an in-depth discussion on balancing efficient recovery with long-term regulatory considerations.