Our Commentaries and Insights are short-form publications intended to distill long-form research and synthesize current policymaking activity into easily understood concepts.
Agencies are Rescinding Guidance Regulations at a Rapid Pace
To implement President Biden’s Executive Order 13992, executive branch agencies have begun to rescind the thirty-two regulations promulgated in response to President Trump’s Executive Order 13891 on agency guidance documents. The fast withdrawal rate suggests that soon all guidance regulations will be reversed.
Congress recently passed three bills targeting Trump administration regulations for elimination. President Biden is expected to sign them, marking another historic “first” for use of the Congressional Review Act (CRA). To date, Democrats have yet to successfully use the oversight tool to strike regulations from the books.
DEA Lifts Moratorium on Methadone Vans
DEA released a final rule that lifts a ban on new methadone vans. The rule is expected to increase access to methadone in rural and underserved urban areas.
The Biden Administration’s First Unified Agenda
OIRA released its semiannual Unified Agenda, marking the first comprehensive look at the regulatory actions agencies are planning under President Biden.
When an agency fails to send a rule to Congress can private parties sue? The CRA has a special provision that bars court review that SCOTUS may review.
Engaging in the Rulemaking Process
The public has many opportunities to provide input as regulations are being developed.
DHS: Do More than Just Reverse the Reversal
The recent decision from DHS to retain the international entrepreneur program is sensible, but the agency can do more.
Let’s Not Forget George Stigler’s Lessons about Regulatory Capture
George Stigler’s theory of economic regulation opened our eyes to the rent-seeking that undermines the public interest.
HHS Eases Requirements for Treating Opioid Patients with Buprenorphine
The Department of Health and Human Services recently released guidelines that make it easier to prescribe buprenorphine to patients with opioid use disorder.
Distributional Effects in Regulatory Impact Analysis
President Biden reinforced longstanding requirements for regulatory analysis and placed renewed emphasis on understanding distributional regulatory effects.
