Quick Links: Benefit-Cost Analysis and the Courts symposium

Video: Expert panel presentation, October 11, 2016

Video: Cass Sunstein's keynote remarks, October 11, 2016

Cost-Benefit Analysis and Arbitrariness Review, by Cass Sunstein

Judicial Review of Agency Benefit-Cost Analysis, by Caroline Cecot and W. Kip Viscusi

RegBlog Series, A Debate Over the Use of Cost-Benefit Analysis, including essays by Paul Noe

Testimony: Comprehensive Regulatory Impact Analysis: The Cornerstone of Regulatory Reform, by Jerry Ellig

Evaluating the Quality and Use of Regulatory Impact Analysis, by Jerry Ellig

SEC Regulatory Analysis: A Long Way to Go and a Short Time to Get There, by Hester Peirce and Jerry Ellig

Administrative Law Cases:

  1. Whitman v. American Trucking Associations, 531 U.S. 457 (2001)
  2. Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009)
  3. Michigan v. EPA, 135 S.Ct. 2699 (2015)
  4. Business Roundatable v. SEC, 647 F.3d 1144 (D.C. Cir. 2011)
  5. Mingo Logan Coal Co. v. EPA, -- F.3d -- (D.C. Cir. 2016) (2016 WL 3902663)
  6. MetLife, Inc. v. Financial Stability Oversight Council, --F.Supp.3d -- (D.D.C. 2016) (2016 WL 1391569)



Benefit-Cost Analysis and the Courts

Hosted by the George Washington University Regulatory Studies Center, the American Bar Association Section on Administrative Law and the Society for Benefit-Cost Analysis

The symposium has concluded.

Download the symposium agenda

Download speakers' bios

Keynote remarks by Cass Sunstein, Harvard University

Panelists include:

With additional comments from syposium co-chairs Susan E. Dudley, GW Regulatory Studies Center and Jeffrey A. Rosen, Kirkland & Ellis LLP

The symposium on “Benefit-Cost Analysis and the Courts” began with remarks from Cass Sunstein based on his recent working paper, “Cost-Benefit Analysis and Arbitrariness Review.” Then, Judge Steve Williams moderated a panel of experts as they examined how the courts have considered benefit-cost analysis when reviewing regulations under various statutes, how well judges have evaluated agencies’ regulatory impact analyses, and the appropriate level of judicial deference to agency actions. The experts offered different perspectives on the appropriate role for benefit cost analysis in regulatory policy and the effect of judicial review.


Benefit-Cost Analysis and the Courts - Cass Sunstein Keynote from GW Regulatory Studies Center on Vimeo.

Benefit-Cost Analysis and the Courts - Expert Panel from GW Regulatory Studies Center on Vimeo.