The Council on Environmental Quality (CEQ) is proposing an update to its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) of 1969. The purposes of NEPA include establishing a national policy toward the environment and promoting “efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man.”
Statutory Delegation, Agency Authority, and the Asymmetry of Impact Analysis
This paper documents the diverse degrees of discretionary authority Congress grants US executive branch agencies. It then presents a case study that systematically compares the quality of impact analysis that informed legislative and regulatory decisions on positive train control, a technology mandated by statute in 2008.
OMB's Request for Comment on Marginal Excess Tax Burden & EO 13771
The Office of Management and Budget (OMB) has requested advice on incorporating a measure of “marginal excess tax burden” (METB) as a potential cost under the regulatory cost accounting system mandated by Executive Order (E.O.) 13771.
OMB's Request for Comment on Marginal Excess Tax Burden and EO 13771
Executive Order (EO) 13771 of January 30, 2017 imposed new regulatory procedures on executive branch agencies by directing them to (1) eliminate two existing rules for each new rule issued and (2) offset costs imposed by new rules through compliance with an incremental regulatory budget.
Scholars of regulation generally view the procedures that agencies must follow when promulgating rules as instruments by which political principals control bureaucratic agents. Much like political principals attempt to use procedural checks to constrain regulatory agencies’ actions, these same agencies employ various regulatory instruments to influence the decisions of private agents, especially firms.
GSA Moving to Deal with Mass and Fake Comments
On January 30, the General Services Administration (GSA) hosted a public meeting on mass and fake comments.
For the past several years, along with colleagues at GW, I have been conducting research on mass comment campaigns in agency rulemaking. By mass comment campaigns, we mean collections of identical and near-duplicate comments sponsored by organizations and submitted by group members and supporters
Epistemic Lessons from Economic Regulatory Reform
There are three related epistemic lessons from this major wave of regulatory reforms that relate to the role of knowledge in the policymaking process.
