All Publications

One Year On, a Critical Role Needs to Be Filled By the Administration

January 20, 2022

President Biden has made regulation a priority during his first year in office. On Day One, he carried through on campaign promises and signed several executive orders, memorandums and directives charging agencies to reverse much of his predecessor’s actions and to “modernize” regulatory review. Since then, he has also aggressively pursued new regulatory priorities, including those related to racial equity, climate change, employment, and the pandemic.

2021 Regulatory Year in Review

January 19, 2022

This Regulatory Insight recaps ten important developments related to federal regulations that occurred in 2021.

When Regulating An Appliance ... Follow The Science!

January 18, 2022

Read Susan Dudley's latest column for Forbes, "When Regulating An Appliance . . . Follow The Science!"

Energy Conservation Standards for Residential Clothes Washers

January 13, 2022

We served as members of the National Academy of Sciences Committee on Review of Methods for Setting Building and Equipment Performance Standards, and offer these comments based on the peer review we conducted between the fall of 2019 and spring of 2021.

Setting Appliance and Equipment Standards

January 10, 2022

The National Academies of Sciences, Engineering, and Medicine provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions.

Joint Letter to the Dept. of Energy

January 7, 2022

We served as members of the National Academy of Sciences Committee on Review of Methods for Setting Building and Equipment Performance Standards. We write to request that the Committee’s report and recommendations, “Review of Methods Used by the U.S. Department of Energy in Setting Appliance and Equipment Standards,”1 be placed on the rulemaking docket for rule EERE–2021–BT–STD–0003, “Energy Conservation Program for Appliance Standards: Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment.”

A Study To Evaluate OIRA Review of Treasury Regulations

January 5, 2022

In a new study, we aim to learn more about the effect of Office of Information and Regulatory Affairs (OIRA) review of Treasury Department regulations interpreting the Internal Revenue Code. What contributions does OIRA review offer the tax regulatory process? What are its limitations?

Regulatory Reform: Tracking the Watchwords of a Movement

January 4, 2022

This commentary examines the history of the phrase “regulatory reform,” tracking the phrase from the early 20th century to its proliferation during the Ford administration to today.

Federal Agencies are Publishing Fewer but Larger Regulations

December 20, 2021

The pace of rulemaking has declined for several decades, with the number of final and proposed rules falling from 1995 to 2020. One plausible explanation for this trend is that federal agencies are crafting bigger rules over time, in terms of both page length and economic impact.

Jerry Ellig on Dynamic Competition and Rational Regulation

December 17, 2021

The works of Jerry Ellig represent a legacy rooted in rational regulation driven by benefit-cost analysis and greater societal benefits