OIRA
Regulatory Review in Anti-Regulatory Times: The Trump Administration
Cost-benefit analysis turns out to make very little difference when the issue is rolling back regulations.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the first of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of …
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CONTINUE READINGPushing Back Against Presidential Power
It’s time to rethink the amount of power presidents have claimed over regulatory policy.
If there was ever a time to think hard about presidential power, that time is now. That’s a very broad question, but the part most relevant for this blog is the President’s role in controlling government regulation. There is no question that presidents have and will continue to have a huge influence on regulatory policy. …
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CONTINUE READING200 Days & Counting: Executive Orders
Trump loves issuing executive orders. Mostly, they don’t mean much.
Trump has issued a flood of executive orders. Many of them are “full of sound and fury. . . signifying nothing.” They actually concern actions that he doesn’t have the power to take himself. Instead, they relate to responsibilities that Congress gave to an administrative agency like EPA, not the White House. There are a …
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CONTINUE READING200 Days & Counting: Pollution and Climate Change
Trump and Pruitt want to take an ax to EPA regulation. That will be harder than they think.
Rolling back EPA regulations is one of the Trump Administration’s priorities. The most notable example is Obama’s Clean Power Plan, which aimed to cut CO2 emissions from power plants. The other rule that has gotten considerable attention is the so-called WOTUS rule, which defines federal jurisdiction to regulate wetlands and watersheds. But these are not …
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CONTINUE READINGWill There Be Guerrilla War at EPA?
Scott Pruitt’s invasion of EPA probably won’t be met with flowers.
Scott Pruitt has spent his career at war with EPA, and he has now invaded the homeland. What he encounters may look more like a guerrilla war than a bureaucratic surrender. To be blunt, it’s generally a mistake to expect an invading force to be greeted with flowers and hugs from the grateful inhabitants. Agencies like …
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CONTINUE READINGThe Slow Pace of Rulemaking
Rulemakings take a long time. We don’t really know what causes the delays.
A recent study by Public Citizen reports that it takes about 2.5 years to issue an economically significant rule, starting from the time the rule is first listed in the regulatory agenda. There are major differences between agencies – an economically significant rule takes EPA almost four years, rather than the 2.5 years needed by …
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CONTINUE READINGDoes OIRA Live Up To Its Own Standards?
OIRA should conduct a cost-benefit analysis of its own activities and explore alternatives to its current oversight methods.
A White House office called OIRA polices regulations by other agencies in the executive branch. OIRA essentially performs the role of a traditional regulator – it issues regulations that bind other agencies, and agencies need OIRA approval before they can issue their own regulations. Essentially, then OIRA regulates agencies like EPA the same way that …
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CONTINUE READINGThe Lost World of Administrative Law
The regulatory process has become more opaque and less accountable. We need to fix that.
Every year, thousands of law students take a course in administrative law. It’s a great course, and we wish even more students took it. But there’s a risk that students may come away with a vision of the regulatory process that is increasingly disconnected with reality. Worse, the leading judicial opinions on the subject suggest …
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CONTINUE READINGPeering Behind OIRA’s Veil of Secrecy
OIRA is staffed by under-trained, over-worked short-termers.
OIRA is an agency whose functions are as mysterious to most people as its name. It doesn’t help much to learn that OIRA stands for Office of Information and Regulatory Affairs. The phrase “regulatory czars” is more informative. OIRA runs the federal government’s regulatory process. Although agencies like EPA are required to have a lot …
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CONTINUE READINGProtecting the Safety of Food Imports
Food safety, particularly for imported foods, is a serious problems. Help is on the way — but slowly, very slowly. According to the NY Times: About 15 percent of food that Americans eat comes from abroad, more than double what it was just 10 years ago, including nearly two-thirds of fresh fruits and vegetables. And …
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