Independent Agencies

Yi is the latest BigLaw revolver and corporate ally to join the Biden Administration.

Harvard President Larry Bacow announced mid-afternoon on September 9th that the Ivy League university — whose 53.2 billion endowment exceeds the GDP of over 100 countries — would officially end its investments in fossil fuels. That announcement set off a domino reaction of divestment announcements from Dartmouth, the California State University system, Boston University, the University of Minnesota, the University of Toronto, the MacArthur Foundation, the Ford Foundation, the Netherlands’ largest pension fund, and hundreds of other groups. They appear to see the writing on the wall that fossil fuel investments, beyond being morally egregious, are also no longer profitable.

“It’s extremely disappointing to see this long-awaited report be so watered down by what can only be described as climate apathetic FSOC members.”

In his time on D.C.’s Public Service Commission and before that as a corporate lawyer, Phillips consistently sided with utilities over the public interest.

Since the start of the year, we have warned that failure to promptly fill vacant and expired seats on independent agency boards would undermine the Biden administration’s agenda across many issue areas. Now, as executive branch policymaking kicks into high gear across this administration, we are seeing examples of this warning becoming a reality. 

Even when these pundits have the facts right, their actual argumentation is still pretty weak.

Phillips has done the bidding of utilities giants during his time on the D.C. Public Service Commission, and spent years working for corporate BigLaw firms which represent oil and gas interests.

Given a choice between someone who’s dedicated her career to fighting for Social Security recipients, a corporate ally with only a passing interest in the program, and an ethics law violator, Biden shouldn’t have a hard time choosing.

The U.S. Court of Appeals is set to rule on the Biden Administration’s eviction moratorium sometime this week. No matter how it decides, however, it is already clear that those who argued against a new moratorium were wrong. A Trump judge has acknowledged that she must, begrudgingly, sustain it for now. By fighting, rather than preemptively surrendering, the administration has ensured that millions of Americans can stay in their homes for weeks longer. That is undoubtedly worth any embarrassment that government lawyers may feel from potentially eventually losing a case.   

Personnel vacancies and Big Pharma allies in the Biden administration threaten a landmark executive order on competition.

One of the biggest roadblocks to firing Louis DeJoy is Democratic Postal Board member Ron Bloom. Biden must immediately replace him with someone who will protect USPS from DeJoy’s sabotage.

A Republican majority on the Federal Energy Regulatory Commission impedes action on fossil fuels.

In 2019, Gallup found that the pharmaceutical industry was “the most poorly regarded industry in Americans’ eyes,” and rightfully so. Pharmaceutical companies often set drug prices exorbitantly high, including life-saving drugs which patients literally cannot go without, such as insulin. This includes older drugs that are cheaper to produce — such as epinephrine (emergency medication used to treat severe allergic reactions and asthma attacks). These firms achieve this by stifling competition at the consumer’s expense, jealously protecting their money-makers from the generics which the pharmaceutical system is supposed to develop after a patent expires.

The Biden Administration has a historic opportunity to reverse the executive branch’s long-standing war on whistleblowers, and end the all-too-common (and sadly bipartisan) practice of villainizing whistleblowers and leakers to avoid accountability for government wrongdoing revealed by these actors.